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Home My WebLink About2011-11-23 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING November 23, 2011 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of November 23, 2011, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King Council Member D. Love Council Member Jeff Paar ABSENT: None STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz I.CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II.PUBLIC HEARING(S) 1. Delinquent Utilities, Garbage and Municipal Services The Mayor Opened the public Hear. No individuals appeared before the Council to discuss this item. The Mayor closed the public hearing at 7:40 p.m. III.APPROVAL OF AGENDA The Mayor reviewed the Set Agenda with Council. (Check #26869-26878 w/Voided Checks #26862 & 26856 – Page 8a) Motion by Council Member Paar, seconded by Council Member Love, to approve the Agenda as presented. All in favor. Motion carried unanimously. IV.APPROVAL OF MINUTES 1.November 9, 2011 City Council Meeting Minutes Motion by Council Member Fehrenbacher, seconded by Council Member King, to approve the November 9, 2011 City Council Meeting Minutes as presented. All in favor. Motion carried unanimously. City of Centerville Council Meeting November 23, 2011 V.CONSENT AGENDA 1.City of Centerville November 10, 2011 through November 23, 2011 Claims (Check #26854-26868) & (Check 26869-26878) w/Voided Checks #26862 & 26856) 2.Centennial Lakes Police Department Claims through November 9, 2011 (Check #8667-8687) 3.Centennial Fire District Claims through November 7, 2011 (Check #5058-5074) 4.Assignment of Bonestroo Contract to Stantec Consulting Services, Inc. Motion by Council Member Love, seconded by Council Member Paar, to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. VI.AWARDS/PRESENTATIONS/APPEARANCES None present. VII.OLD BUSINESS None. VIII.NEW BUSINESS 1. Res. #11-027 – A Resolution Adopting Special Assessments for Delinquent Sewer, Water & Garbage Services Motion by Council Member Paar, seconded by Council Member King, to approve Res. #11-027 – A Resolution Adopting Special Assessments for Delinquent Sewer, Water & Garbage Services as presented. All in favor. Motion carried unanimously. 2. Res. #11-028 – A Resolution Adopting Special Assessments for Delinquent Municipal Abatement Services Motion by Council Member Fehrenbacher, seconded by Council Member King, to approve Res. #11-028 – A Resolution Adopting Special Assessments for Delinquent Municipal Abatement Services as presented. All in favor. Motion carried unanimously. 3. Mr. & Mrs. Jeff Hanzal Request for Letter of Credit/Security Reduction – Clearwater Creek Estates Administrator Larson stated that currently the City holds a development agreement with the Hanzal’s for a 6 lot development known as Clearwater Creek Estates. Administrator Larson also stated that performance under the agreement, is secured by a bank letter of credit. The original letter of credit was in the amount of $200,625 and was subsequently reduced to about $100,000. Staff recommends that it could be lowered again to about Page 2 of 4 City of Centerville Council Meeting November 23, 2011 $48,300. Mr. & Mrs. Jeff Hanzal were present at the meeting and Mr. Hanzal requested the reduction in items a, f, j & k on the list of developer responsibilities as some are duplicates of escrows charged to builders when they secure a building permits. Also, the new owners of the properties should be responsible for maintaining them prior to the issuance of a building permit. Lengthy discussion ensued regarding other outstanding developer agreements throughout the City, the City’s past practice and setting precedence, the City’s legal and financial obligations, economic climate, owner/builders responsibilities and liabilities. Consensus was that additional research needed to be completed regarding the Developer’s covenants and that the item should be placed on the next agenda for consideration. Motion by Council Member Love, seconded by Council Member King, to Table the Hanzal’s Request for Letter of Credit Reduction to the Next Meeting. All in favor. Motion carried unanimously. 4. Consideration of Trio Inn’s Suspension/Revocation of Liquor Licenses (On-Sale, Off-Sale & Sunday) for 2011 & Issuance of 2012 Licenses Attorney Glaser stated that conditions were placed of Mr. Montain due to the fact that he is a convicted felon who holds several liquor licenses (On-Sale, Off-Sale & Sunday) for this establishment. Attorney Glaser stated that Mr. Montain has not been abiding the agreement that was signed last year placing certain conditions of licensing. Attorney Glaser stated that Mr. Montain has provided all outstanding documents; however, they were not timely. Administrator Larson stated that the financials when finally submitted, appeared to be in order. Attorney Glaser stated that the City does have the authority to place penalties due to the license violation. Mr. Montain addressed Council and stated that he apologized for his lack of timeliness with regard to the financial statements. Discussion ensued regarding the stipulations placed on Mr. Montain to have the right to hold liquor licenses within the City, recouping of legal fees, the City’s willingness to work with Mr. Montain and possible modifications to the 2012 agreement for licensing. Motion by Council Member Love, seconded by Council Member Fehrenbacher to levy a $150 fine for license violation and in addition that the licensee be billed for legal and staff costs due to the failure. All in favor. Motion passed unanimously. Administrator Larson stated that Council would be considering Liquor & Tobacco License Renewals at their next meeting. 5.Res.#11-026 – Supporting Legislature Making No Changes to Fiscal Disparities System City Administrator Larson stated that the City received a request from Anoka County that all cities and jurisdictions within the County pass this resolution for support. City Page 3 of 4 City of Centerville Council Meeting November 23, 2011 Administrator Larson stated that the City of Centerville will reap benefits from the program continuing. Motion by Council Member Love, seconded by Council Member Paar , to approve Resolution #11-026 – Supporting Legislature Making No Changes to the Current Fiscal Disparities System as presented. All in favor. Motion carried unanimously. IX.ANNOUNCEMENTS/UPDATES Administrator Larson stated that Anoka County has forwarded the City’s request that the Minnesota Commissioner of Transportation conduct a Speed Study on CSAH14 (Main st Street) from Mill Road to 21 Avenue per the City’s Res. #10-009, dated April 14, 2011 which they delayed until the interchange was complete. Administrator Larson stated that the Parks & Recreation Committee has called a Special Meeting scheduled for Tuesday, November 29, 2011 to discuss organizational structure and staff assistance. Mayor Wilharber reported that the Parks & Recreation Committee has a vacancy. Mr. Kevin Selander has resigned due to other commitments and that the Committee would be recognizing his five (5) years of service with a letter. Mayor Wilharber requested that if any resident if interested in the position they may contact City Hall. Council Member Paar thanked numerous individuals that were responsible for or participated in a benefit for his family and also thanked all who attended. X.ADJOURNMENT Motion by Council Member Fehrenbacher, seconded by Council Member Love, to Adjourn the Meeting of November 23, 2011 at 7:55 p.m. All in favor. Motion carried unanimously. Transcribed by Staff Member Teresa Bender, City Clerk Page 4 of 4 CITY OF CENTERVILLE CITY COUNCIL MEETING November 23, 2011 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of November 23, 2011, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King Council Member D. Love Council Member Jeff Paar ABSENT: None STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz I.CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II.PUBLIC HEARING(S) 1. Delinquent Utilities, Garbage and Municipal Services The Mayor Opened the public Hear. No individuals appeared before the Council to discuss this item. The Mayor closed the public hearing at 7:40 p.m. III.APPROVAL OF AGENDA The Mayor reviewed the Set Agenda with Council. (Check #26869-26878 w/Voided Checks #26862 & 26856 – Page 8a) Motion by Council Member Paar, seconded by Council Member Love, to approve the Agenda as presented. All in favor. Motion carried unanimously. IV.APPROVAL OF MINUTES 1.November 9, 2011 City Council Meeting Minutes Motion by Council Member Fehrenbacher, seconded by Council Member King, to approve the November 9, 2011 City Council Meeting Minutes as presented. All in favor. Motion carried unanimously. City of Centerville Council Meeting November 23, 2011 V.CONSENT AGENDA 1.City of Centerville November 10, 2011 through November 23, 2011 Claims (Check #26854-26868) & (Check 26869-26878) w/Voided Checks #26862 & 26856) 2.Centennial Lakes Police Department Claims through November 9, 2011 (Check #8667-8687) 3.Centennial Fire District Claims through November 7, 2011 (Check #5058-5074) 4.Assignment of Bonestroo Contract to Stantec Consulting Services, Inc. Motion by Council Member Love, seconded by Council Member Paar, to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. VI.AWARDS/PRESENTATIONS/APPEARANCES None present. VII.OLD BUSINESS None. VIII.NEW BUSINESS 1. Res. #11-027 – A Resolution Adopting Special Assessments for Delinquent Sewer, Water & Garbage Services Motion by Council Member Paar, seconded by Council Member King, to approve Res. #11-027 – A Resolution Adopting Special Assessments for Delinquent Sewer, Water & Garbage Services as presented. All in favor. Motion carried unanimously. 2. Res. #11-028 – A Resolution Adopting Special Assessments for Delinquent Municipal Abatement Services Motion by Council Member Fehrenbacher, seconded by Council Member King, to approve Res. #11-028 – A Resolution Adopting Special Assessments for Delinquent Municipal Abatement Services as presented. All in favor. Motion carried unanimously. 3. Mr. & Mrs. Jeff Hanzal Request for Letter of Credit/Security Reduction – Clearwater Creek Estates Administrator Larson stated that currently the City holds a development agreement with the Hanzal’s for a 6 lot development known as Clearwater Creek Estates. Administrator Larson also stated that performance under the agreement, is secured by a bank letter of credit. The original letter of credit was in the amount of $200,625 and was subsequently reduced to about $100,000. Staff recommends that it could be lowered again to about Page 2 of 4 City of Centerville Council Meeting November 23, 2011 $48,300. Mr. & Mrs. Jeff Hanzal were present at the meeting and Mr. Hanzal requested the reduction in items a, f, j & k on the list of developer responsibilities as some are duplicates of escrows charged to builders when they secure a building permits. Also, the new owners of the properties should be responsible for maintaining them prior to the issuance of a building permit. Lengthy discussion ensued regarding other outstanding developer agreements throughout the City, the City’s past practice and setting precedence, the City’s legal and financial obligations, economic climate, owner/builders responsibilities and liabilities. Consensus was that additional research needed to be completed regarding the Developer’s covenants and that the item should be placed on the next agenda for consideration. Motion by Council Member Love, seconded by Council Member King, to Table the Hanzal’s Request for Letter of Credit Reduction to the Next Meeting. All in favor. Motion carried unanimously. 4. Consideration of Trio Inn’s Suspension/Revocation of Liquor Licenses (On-Sale, Off-Sale & Sunday) for 2011 & Issuance of 2012 Licenses Attorney Glaser stated that conditions were placed of Mr. Montain due to the fact that he is a convicted felon who holds several liquor licenses (On-Sale, Off-Sale & Sunday) for this establishment. Attorney Glaser stated that Mr. Montain has not been abiding the agreement that was signed last year placing certain conditions of licensing. Attorney Glaser stated that Mr. Montain has provided all outstanding documents; however, they were not timely. Administrator Larson stated that the financials when finally submitted, appeared to be in order. Attorney Glaser stated that the City does have the authority to place penalties due to the license violation. Mr. Montain addressed Council and stated that he apologized for his lack of timeliness with regard to the financial statements. Discussion ensued regarding the stipulations placed on Mr. Montain to have the right to hold liquor licenses within the City, recouping of legal fees, the City’s willingness to work with Mr. Montain and possible modifications to the 2012 agreement for licensing. Motion by Council Member Love, seconded by Council Member Fehrenbacher to levy a $150 fine for license violation and in addition that the licensee be billed for legal and staff costs due to the failure. All in favor. Motion passed unanimously. Administrator Larson stated that Council would be considering Liquor & Tobacco License Renewals at their next meeting. 5.Res.#11-026 – Supporting Legislature Making No Changes to Fiscal Disparities System City Administrator Larson stated that the City received a request from Anoka County that all cities and jurisdictions within the County pass this resolution for support. City Page 3 of 4 City of Centerville Council Meeting November 23, 2011 Administrator Larson stated that the City of Centerville will reap benefits from the program continuing. Motion by Council Member Love, seconded by Council Member Paar , to approve Resolution #11-026 – Supporting Legislature Making No Changes to the Current Fiscal Disparities System as presented. All in favor. Motion carried unanimously. IX.ANNOUNCEMENTS/UPDATES Administrator Larson stated that Anoka County has forwarded the City’s request that the Minnesota Commissioner of Transportation conduct a Speed Study on CSAH14 (Main st Street) from Mill Road to 21 Avenue per the City’s Res. #10-009, dated April 14, 2011 which they delayed until the interchange was complete. Administrator Larson stated that the Parks & Recreation Committee has called a Special Meeting scheduled for Tuesday, November 29, 2011 to discuss organizational structure and staff assistance. Mayor Wilharber reported that the Parks & Recreation Committee has a vacancy. Mr. Kevin Selander has resigned due to other commitments and that the Committee would be recognizing his five (5) years of service with a letter. Mayor Wilharber requested that if any resident if interested in the position they may contact City Hall. Council Member Paar thanked numerous individuals that were responsible for or participated in a benefit for his family and also thanked all who attended. X.ADJOURNMENT Motion by Council Member Fehrenbacher, seconded by Council Member Love, to Adjourn the Meeting of November 23, 2011 at 7:55 p.m. All in favor. Motion carried unanimously. Transcribed by Staff Member Teresa Bender, City Clerk Page 4 of 4