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Home My WebLink About2012-12-14 CC Minutes - (Approved) CITY OF CENTERVILLE CITY COUNCIL MEETING December 14, 2011 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of December 14, 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 Public Works Director Paul Palzer Finance Director Mike Jeziorski I.CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II.PUBLIC HEARING(S) 1.2012 Budget Public Comment Period The Mayor opened the public hearing. III.APPROVAL OF AGENDA The Mayor reviewed the Set Agenda with Council. (Check #26910-26923 W/Voided Check #26801 - Page 6a) Motion by Council Member Love, seconded by Council Member Paar, to approve the Agenda as presented. All in favor. Motion carried unanimously. IV.APPROVAL OF MINUTES 1. November 23, 2011 City Council Meeting Minutes City of Centerville Council Meeting December 14, 2011 Motion by Council Member Fehrenbacher, seconded by Council Member Paar, to approve the November 23, 2011 City Council Meeting Minutes as presented. All in favor. Motion carried unanimously. V.CONSENT AGENDA 1.City of Centerville November 24, 2011 through December 14, 2011 Claims (Check #26879-26909 & Check #26910-26923 W/Voided Check #26801) 2.Centennial Lakes Police Department Claims through December 8, 2011 (Check #8688-8725) 3.Centennial Fire District Claims through December 1, 2011 (Check #5085-5109) 4.Parks & Rec. Request for Budget for a Minute Taker/Transcriber - $900/year Commencing 2012 Motion by Council Member King, seconded by Council Member Fehrenbacher, to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. VI.AWARDS/PRESENTATIONS/APPEARANCES 1. Mr. Greg Kieselhorst, Centerville Lions Request for Associated Permits for 2012 Ice Fishing Contest Mr. Kieselhorst addressed Council and briefly reviewed the associated permits for the 2012 Ice Fishing Contest tentatively scheduled for February 8, 2012 and requested that the associated fees for permits be waived.. Mr. Kieselhorst stated that the contest is scheduled to run from 10:00 a.m. – 2:00 p.m. EAA youth airplane rides are also scheduled and Mr. Kieselhorst suggested registering early. VII.OLD BUSINESS None. VIII.NEW BUSINESS 1.Centerville Lions Ice Fishing Contest ~ Waiving of Fees a.Special Event Permit Application/DNR Application for Contest/EEA Young Eagles Airplane Rides b.Noise Permit c.Raffle d.Temporary/Event On-Sale Liquor License Motion by Council Member Love, seconded by Council Member Paar, to approve the above permits per Mr. Kieselhorst’s request and waiving the associated fees. All in favor. Motion carried unanimously. Page 2 of 6 City of Centerville Council Meeting December 14, 2011 2.Res. #11-029 – Adopting Budget & Tax Levies for 2012 Finance Director Jeziorski reviewed the presented budget, the budget process, levy level remaining the same, and explained the methodology associated with the levy level remaining the same due to the State’s elimination of the Market Value Homestead Credit. The Finance Director stated that Council made difficult decisions while balancing the budget including decreasing staff size, continuing pay freezes, utilization of part-time staff, while maintaining expenditures in other areas along with anticipated revenue shortfalls. Mayor Wilharber questioned public input and hearing none. Motion by Council Member Fehrenbacher, seconded by Council Member Love to close the Public Hearing at 7:00 p.m. All in favor. Motion carried unanimously. Motion by Council Member King, seconded by Council Member Fehrenbacher, to approve Res. #11-029 – Adopting the Budget & Tax Levies for 2012 as presented. All in favor. Motion carried unanimously. 3.2012 Fee Schedule Administrator Larson stated that a newer version was placed in front of them this evening with minor changes on page 8 and slight language changes made regarding minimum charges for commercial, industrial or institutional building plumbing and mechanical permit fees. Page 10 of 16 “minimum charge for commercial, industrial with a minimum of $40 for Mechanical and Plumbing permits”. Most fees are unchanged from the prior year. Motion by Council Member Love, seconded by Council Member Paar, to Adopt Ordinance #52, Second Series, 2012 Fee Schedule as submitted. All in favor. Motion carried unanimously. 4.Mr. & Mrs. Jeff Hanzal Request for Letter of Credit/Security Reduction – Clearwater Creek Estates **Tabled from Previous Meeting ** Attorney Glaser stated that he reviewed the Hanzal’s Developer’s Agreement and Covenants pertaining to the Clearwater Creek Estates as it relates to potential City financial risks, economic downturn, lots sold, obligations of owners and the developer, etc. Attorney Glaser felt that with the presented addendum and the Hanzal’s agreement to it, the financial risks to the City would be minimal. Council had concern that other developers currently within the City may request the same action by Council. Attorney Glaser stated that the Hanzal situation is different than most; however, the City would consider similar factors that were used for this agreement for those that presented a request. Administrator Larson stated that with the agreement, the Clearwater Creek Estates security would be reduced to $34,164 and that the City would have a right to Page 3 of 6 City of Centerville Council Meeting December 14, 2011 draw on this amount if there was a need. Attorney Glaser prepared an Addendum of Modification Subdivision/Development Agreement and recommended Council approve the document. Motion by Council Member Paar, seconded by Council Member King to approve the reduction in security to for the Clearwater Creek Estate Development to $34,164. All in favor. Motion passed unanimously. Motion by Council Member Fehrenbacher, seconded by Council Member Paar, to approve Addendum of Modification Subdivision/Development Agreement for the Clearwater Creek Estates as presented. All in favor. Motion passed unanimously. 5. Ord. #XX, Second Series, Amending Chapter 90 – Regulation of Dogs & Other Animals ~ (Request that you Review & Table to Next Meeting) Administrator Larson stated that he desired for Council to review the amended Chapter 90 and table its action until the December 28, 2011 meeting. Administrator Larson reported that the Planning Commission was in favor of the amendment. Administrator Larson stated that the amendment had been prompted by the Centennial Police Department and member cities in an attempt to coordinate the three cities Code requirements and this was over a two year process. Mayor Wilharber suggested that once the amendment was finalized the information should be placed in the City newsletter. Administrator Larson stated that dogs that have been deemed Potentially Dangerous or Dangerous would be registered but no longer require dog and cat licensing; however, regular vaccinations, running at-large, cleaning up of fecal matter and etc. remain requirement of the Code. Motion by Council Member King, seconded by Council Member Fehrenbacher, to table this item unit the December 28, 2011 Council Meeting. All in favor. Motion carried unanimously. All in favor. Motion carried unanimously. 6. Ord. #53, Second Series, Amending Chapter 111 – Allowing Brew Pub On-Sale Intoxicating Liquor or On-Sale 3.2 Percent Malt Liquor Licensing Attorney Glaser stated that this amendment was in response to Council’s previous desire to be proactive on offering this option for businesses within the City. Motion by Council Member Paar, seconded by Council Member Love, to adopt Ord. #53, Second Series, Amending Chapter 111 – Allowing Brew Pub On-Sale Intoxicating Liquor or On-Sale 3.2 Percent Malt Liquor Licensing as presented. All in favor. Motion carried unanimously. 7.2012 Liquor & Tobacco Licensing a.CenterMart ~ Tobacco b.Corner Express ~ Tobacco Page 4 of 6 City of Centerville Council Meeting December 14, 2011 c.Kelly’s Korner ~ On-Sale, Sunday Liquor & Tobacco d.Wiseguys Pizza ~ On-Sale & Sunday Liquor e.Main Street Liquor Barrel ~ Off-Sale Liquor & Tobacco f.Platinum Liquor ~ Off-Sale Liquor & Tobacco g.Trio Inn ~ On-Sale, Off-Sale, Off-Sale 3.2, Sunday Liquor & Tobacco (Approve w/Conditions) Administrator Larson stated that all licensing is routine, proper documentation has been submitted, fees submitted, utilities and taxes paid. However, the additional licensing requirements for the owner of the Trio Inn has been modified slightly since last year with language clarification for receipt of financial documentation. The applicant is comfortable with the conditions. Council Member Love requested comment from Mr. Montain regarding the requirements and whether he could abide by them. Mr. Montain stated that he agreed to them and felt that he and his accountant could ensure financial documentation as the conditions state. Motion made by Council Member Love, seconded by Council Member Fehrenbacher, to approve the Liquor and Tobacco License Renewals for 2012 for all establishments with the additional conditions being placed on the owner of Trio Inn. All in favor. Motion carried unanimously. IX.ANNOUNCEMENTS/UPDATES 1.City Administrator a. Meeting w/Parks & Recreation Committee Administrator Larson stated that he and Mayor Wilharber had met with the Committee on November 29 to discuss staffing concerns. The Committee desired to hire a transcriber with funds from their 2012 budget. Clarification of duties was also discussed with the City Clerk receiving several duties and the Public Works Director receiving others. Administrator Larson felt that it was a productive meeting. Administrator Larson reported that the Planning & Zoning Commission will be reviewing the snowmobile regulations at their next meeting and would like to coordinate rules with neighboring communities. Administrator Larson reported that there are several differences with such items as time restrictions, speed limit requirements, locations for riding and etc. Council concurred that a collaborated effort with neighboring communities would ensure policing efforts are the same and allow riders to be aware of the same requirements entering and exiting each community. Administrator Larson stated that he has been made aware through the collaborative meetings with neighboring communities the City of Lino Lakes has a tree disposal site and they are willing to allow the City to utilize it free of charge. Administrator Larson stated that the City of Columbus is currently seeking a transcriber for their City meetings and it is felt that this individual could be utilized by the City for the Parks and Recreation Page 5 of 6 City of Centerville Council Meeting December 14, 2011 meetings. Administrator Larson reported that the City of Lexington desires Building Inspection services from Centerville. Council consensus was that the City should provide the service and acknowledged that a Joint Powers Agreement may be needed for this. Administrator Larson stated that the Fire District is considering offering this service in the future to member cities. Mayor Wilharber passed along Season Greetings to all and reviewed City Hall hours. Mayor Wilharber recess to work session at 7:37 p.m. Following the work session, the council meeting was reconvened at 9:40 p.m. X. CLOSED EXECUTIVE SESSION The Mayor recessed the regular Council Meeting to a Closed Session to discuss labor negotiation strategies for the upcoming 49’ers contract at 9:40 p.m. The City Council of Centerville, Minnesota met in a closed session on Wednesday, December 14, 2011, at 9:40 p.m. in City Hall. Present were Mayor Tom Wilharber, Council members Steve King, Ben Fehrenbacher, D Love and Jeff Paar. Also present were Dallas Larson and City Attorney Kurt Glaser. The purpose of the closed meeting was to discuss employee negotiations. Administrator Larson reviewed a proposal from Union Local 49 on behalf of public works employees which requested contract changes and wage increases in 2012. Council directed the Administrator to share with staff the difficult budget for 2012 noting that staff reductions were made for that reason. Council consensus was that staff pay increases cannot be justified for 2012, but that if a multi-year contract could be negotiated, something might be possible for years subsequent to 2012. The meeting was reopened to the public at 10:05 p.m. Items Discussed During Closed Session-employee contract negotiations. XI. ADJOURNMENT Motion made by Council Member Paar, seconded by Council Member Fehrenbacher to adjourn at 10:06 p.m. Motion passed unanimously. Dallas Larson, City Administrator Page 6 of 6