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Home My WebLink About2011-04-27 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING April 27 2011 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on April 27, 2011, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Jeff Paar Council Member Ben Fehrenbacher Council Member D. Love Council Member Steve King ABSENT: None STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz City Assessor Ken Toltzman City of Centerville Board of Review & Equalization was held prior to the City Council Meeting. There were no residents in attendance. City Assessor, Ken Toltzman presented his report and the sales ratio study for 2011. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to close the Board of Review and Equalization at 6:36 p.m.All in favor. Motion carried unanimously. I. CALL TO ORDER Mayor Wilharber called the April 27, 2011, City Council meeting to order at 6:38 p.m. II.PUBLIC HEARING(S) III. APPROVAL OF AGENDA Council was presented with a set agenda which was reviewed by Mayor Wilharber. Council Member Fehrenbacher requested adding a discussion of the C. C. Ludwig Leadership Award under New Business #5. Motion by Council Member Fehrenbacher, seconded by Council Member Love to approve the set agenda as amended. All in favor. Motion carried unanimously. IV. APPROVAL OF MINUTES 1.April 13, 2011 City Council Meeting Minutes Council Member Love requested modifying page 3 of 7 to reflect “Mayor” Wilharber rather than “Council Member” Wilharber. City of Centerville Council Meeting Minutes April 29, 2011 Motion by Council Member Paar, seconded by Council Member King to approve the April 13, 2011 City Council Meeting Minutes with the stated correction. All in favor. Motion carried unanimously. 2.April 13, 2011 City Council Work Session Meeting Minutes Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve the April 13, 2011 City Council Work Session Meeting Minutes as presented. All in favor. Motion carried unanimously. V. CONSENT AGENDA 1. City of Centerville April 14, 2011 through April 27, 2011 Claims (Check #26305- 26319) (Page 10) & (Check #26320-26336) (Page 10a) 2. Centennial Fire District Claims through April 15, 2011 (Check #4772-4793) w/Check #4770 & 4771 Payroll (Page 11) 3. Centennial Lakes Police Department Claims through April 14, 2011 (Check #8337-8380) & Check #8337 VOIDED (Page 12) 4. Special Event Permit – Noise (Private Birthday Party w/D.J. & Dance), 7371 Old Mill Road, May 21, 2011 ~ 7:30 p.m. – 11:00 p.m. (Pages 13-22) 5. Special Event Permit – Cub Scout Rocket Launch, Laurie LaMotte Memorial Park, June 11, 2011 (Alt. June 18) ~ 9:00 a.m. – 3:00 p.m. (Pages 23-36) 6. Encroachment Agreement – Drain Pipe, 6913 Sumac Court (Pages 37) 7. Lead Project Coordinator, Mr. Greg Burmeister’s Employment Status Modified from Temporary Full Time to Regular Full Time 8. Public Works Department Request to Purchase Used Vehicle from Centennial Fire Department – 1995 Chevrolet Astro Van (Page 38) Mayor Wilharber requested items 4, 5, 7 and 8 be pulled for discussion. Motion by Council Member Paar, seconded by Council Member Fehrenbacher to approve items 1, 2, 3 and 6 on the Consent Agenda. All in favor. Motion carried unanimously. Mayor Wilharber felt that the application could be condense for more specific usages rather than its current lengthy 10 pages. Administrator Larson and City Attorney Glaser both stated there are instances/events when the current application is justified. Motion by Mayor Wilharber, seconded by Council Member Love to approve item 4 on the Consent Agenda. All in favor. Motion carried unanimously. Mayor Wilharber had concerns with item 5, Cub Scout Rocket Launch, in that it is being held at Laurie LaMotte Memorial Park the same day/time as the recycling events in conjunction with Garage Sale Days and the proposal has the rockets being launched near the play structure. Council Member Love would like this item tabled while Staff looks at these concerns. 2 of 5 City of Centerville Council Meeting Minutes April 29, 2011 Motion by Council Member Love, seconded by Council Member Fehrenbacher to table item 5 pending further investigation.All in favor. Motion carried unanimously. Mayor Wilharber questioned the wording of item 7, ‘Temporary Full Time to Regular Full ’. TimeAdministrator Larson explained the position was changed from temporary last fall and the wording should have been “Probationary” not “Temporary”. Mayor Wilharber has concerns regarding hiring a permanent Project Coordinator when he has yet to see a cost savings from this move. Administrator Larson explained that three Public Works staff members have participated in MNDOT training specifically to be certified as inspectors on the trail project which will provide substantial savings to the City rather than having the City’s Engineering firm accomplish this. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve item 7 moving the employee from “Probationary” to “Regular” full time status. All in favor. Mayor Wilharber opposed. Motion passed. Mayor Wilharber pulled item 8 from the consent agenda to discuss the necessity of purchasing a used vehicle from Centennial Fire District for Public Works use. Administrator Larson explained the additional hiring of two summer positions, the inspections that will be required of the trail project, the normal daily duties of Public Works and building inspections, there will be 7 employees with 5 vehicles. The council felt the purchase of an additional Public Works vehicle at this time was an unnecessary expense and would prefer to mileage for use of personal vehicles if necessary. Approval for item 8 failed for lack of a motion. VI. AWARDS/PRESENTATIONS/APPEARANCES 1.Ms. Rachel Horn, Outreach Coordinator Anoka County, Michele Bachmann’s Office Ms. Horn was unable to attend the meeting and will reschedule. VII. OLD BUSINESS VIII. NEW BUSINESS 1. Xcel Energy Underground Service Agreement – 1600 LaMotte Drive ($20,850.90) Administrator Larson explained this item is to provide the three phase power to the stormwater irrigation pump for LaMotte Park. The funds are in the project budget. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve the Xcel Energy Underground Service Agreement – 1600 LaMotte Drive ($20,850.90).All in favor. Motion carried unanimously. 3 of 5 City of Centerville Council Meeting Minutes April 29, 2011 2. Memorandum of Agreement – City & RCWD Implementing Rule C, Stormwater Management Plans – Water Quality & Runoff Retention Requirements Administrator Larson explained that the Downtown Redevelopment Plan had originally called for two storm water ponds, due to the storm water irrigation project, the development of the downtown will not require additional ponds and will avoid using valuable land. This agreement provides protection for the City, allowing credits to be banked for future development usage. Motion by Council Member Paar, seconded by Council Member Love to approve the Memorandum of Agreement – City & RCWD Implementing Rule C, Stormwater Management Plans – Water Quality & Runoff Retention Requirements. All in favor. Motion carried unanimously. 3. Ord. #44, Second Series Amending City Code Chapter 91 The proposed ordinance would insert language in the City Code to manage tree pests and tree diseases. The ordinance is before you due to the recent grant received allowing planting of trees in LaMotte Park. Motion by Council Member Fehrenbacher, seconded by Council Member Love to approve Ord. #44, Second Series Amending City Code Chapter 91. All in favor. Council Member King opposed. Motion passed. 4. Request for Closeout and Final Payment – Forest Lake Contracting a. Peltier Lake Drive Improvement Project b. 2009 Street Improvement Project Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve the presented Request for Closeout and Final Payment – Forest Lake Contracting on Peltier Lake Drive Improvement Project and 2009 Street Improvement Project. All in favor. Motion carried unanimously. 5. C. C. Ludwig Leadership Award Council Member Fehrenbacher provided copies for the City Council to review in order to make a motion of support for a nomination at the next scheduled City Council meeting. IX. ANNOUNCEMENTS/UPDATES The City Council directed Staff to work with the City Attorney and North Metro Cable Commission to draft a letter in response to the Federal Communication Commission’s request for information on use of public rights of way. It is important to respond so the FCC hears from cities and not just the large utilities as they make their rules. The matter will be placed on the next meeting agenda. CLOSED SESSION 4 of 5 City of Centerville Council Meeting Minutes April 29, 2011 The meeting was recessed at 7:52 for a short break. At 7:57 the Council went into closed session to meet with the City Attorney to discuss the status of pending litigation with Sheehy Construction over a special assessment. Present were Mayor Wilharber, Council Members King, Fehrenbacher, Paar and Love. Also present were Dallas Larson, Administrator; Mark Statz, Engineer; and Kurt Glaser, City Attorney. At 8:53, the Council reopened the meeting to the public. City Attorney Glaser reported that the only item discussed during the closed portion of the meeting was the litigation matter with Sheehy Construction. X. ADJOURNMENT Motion by Council Member Love, seconded by Council Member Paar to adjourn the meeting at 8:53 p.m. All in favor. Motion carried unanimously. Transcribed by: Kim Stephen 5 of 5