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HomeMy WebLinkAbout2012-06-27 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING June 27, 2012 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of June 27, 2012, 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 Public Works Director Paul Palzer Ms. Pat Camp-Baron, 1721 Centerville Road, requested to be heard by Council regarding property cleanup issues and extension for completion. Ms. Camp-Baron was added to the agenda following Call to Order. Charles Reinhardt, 1725 Meadow Lane, was present for the open forum. He complained of water standing on the back of his property. It was noted that there are no easements in that location, so it would likely be a matter for the adjoining property owners to sort out. City staff will help facilitate discussion with Chauncey Barett Gardens, Anoka County HRA, who is the property owner to the north. I.CALL TO ORDER Mayor Wilharber called the meeting to order at 6:40 p.m. Lengthy discussion was had regarding the status of the cleanup efforts made by Mr. & Mrs. Camp-Baron and minimal progress being made to this point. Ms. Pat Camp-Baron assured Council that with a three (3) week extension all items would be taken care of and they would be in compliance of all City and State Codes pertaining to their property. Consensus of the Council and was that the City had been extremely patient, but that the progress that had been made to date has been unsatisfactory. Consensus of the Council was for Staff to compile a detailed list of items that remained to be removed/repaired and provide Ms. Camp-Baron with a copy. The listed items would become a part of the Resolution directing the City Attorney to secure compliance if the work isn’t completed by the property owner before July 18, 2012.Council Member Paar felt that the cleanup efforts made by the Barons within the last year were unacceptable and desired not to extend the timeframe for additional cleanup. City of Centerville Council Meeting Minutes June 27, 2012 II.PUBLIC HEARING(S) None. III.APPROVAL OF AGENDA The Mayor reviewed the Set Agenda with Council and add Res. #12-014 regarding the property nuisance abatement at 1721 Centerville Road. Motion by Council Member Love, seconded by Council Member Fehrenbacher, to approve the Agenda as amended. All in favor. Motion carried unanimously. IV.APPROVAL OF MINUTES 1. June 13, 2012 City Council Meeting Minutes Motion by Council Member Fehrenbacher, seconded by Council Member Paar, to approve the June 13, 2012 City Council Meeting Minutes as presented. All in favor. Motion carried unanimously. 2.June 13, 2012 City Council Work Session Meeting Minutes Council Member Fehrenbacher stated that in the past he has been a critic of the snowplowing efforts made by the City and desired to clarify that he feels the quality of services have been excellent; however, it has been the time of commencing the plowing of the streets. Motion by Council Member Fehrenbacher, seconded by Council Member King, to approve the June 13, 2012 City Council Work Session Meeting Minutes as presented. All in favor. Motion carried unanimously. Resolution #12-014 – Authorizing the City Attorney to Take Action to Abate Nuisance Violation. Motion by Council Member Fehrenbacher, seconded by Council Member King, to adopt Resolution #12-014 – amended to include a detailed listing of all items that needed to be removed and Authorizing the City Attorney to Take Action to Abate Nuisance Violation. All in favor except Council Member Paar voted no. Motion carried. Page 2 of 7 City of Centerville Council Meeting Minutes June 27, 2012 V. CONSENT AGENDA 1.City of Centerville June 14, 2012 through June 27, 2012 Claims (Check #27299- 27322) & (Check #27323-27326) 2.Centennial Police Department Claims through June 15, 2012 (Check #8979 – 9001) 3.Centennial Fire District Claims through June 18, 2012 (Check #5376-5375) 4. Parks & Recreation Committee Recommendation to Approve: a. Park Facility Request – Hidden Spring Park Pavilion, Brownie Troop #54243 ~ July 28, 2012 Immediately Following Parade b. Park Facility Request – Hidden Spring Park, Private Wedding ~ August 25, 2012 c. Special Event Permit Application – 8K Walk/Run/In-Line ~ July 28, 2012 5. Centerville Elementary PTA Annual Request for Temporary Charitable Gambling Permit ~ November 2, 2012 & March 1, 2013 (Bingo) 6. Centennial Fire District ~ Sale of Two (2) Vehicles Per Schedule a. 1991 Ford F600 Chassis w/E-One Rescue Body – (City of Frazee) b. 1999 Ford Explorer Motion by Council Member King, seconded by Council Member Fehrenbacher, to approve Consent Agenda as presented. All in favor. Motion carried unanimously. VI.AWARDS/PRESENTATIONS/APPEARANCES 1.S & B Center Corporation, Ms. Victoria Byrne & Mr. Jeff Schultz, Kelly’s Korner Liquor Violation Administrator Larson stated that an alleged liquor violation had taken place at Kelly’s Korner and that Staff provided the licensee of the notice of this evenings meeting and representatives of the licensee are present. Attorney Glaser reviewed the process for providing a hearing for licensees when an alleged violation has occurred and stated that Council is performing similarly to a judge who is hearing a case and Attorney Glaser is acting as an advocate to the City. Attorney Glaser reviewed the City Code with requirements for holding a liquor license, presumptive penalties, and Council’s need to determine whether a violation of license conditions had occurred. Attorney Glaser presented the Council with the facts of the case and stated that the bartender had subsequently appeared in court and admitted to a violation of the law regarding the presence of alcoholic beverages on the premises after the permitted time.. Attorney Glaser stated that the bartender served alcohol at 1:50 a.m. to several individuals, at 2:32 a.m. one of these individuals was spotted by the police department in the parking lot of Kelly’s with a bottle of beer. Attorney Glaser stated that only the licensee or employees of the licensee can be on the premises a half hour after Page 3 of 7 City of Centerville Council Meeting Minutes June 27, 2012 closing. The individual found with the beer bottle admitted that they had removed it from Kelly’s and taken it to the parking lot. Discussion ensued regarding the definition of premises, licensed area for serving alcohol, responsibility of the licensee, presumptive civil penalties, lack of citing the individual responsible for removing the alcohol from the building. Ms. Bonita Harvieux, Bookkeeper, Kelly’s Korner presented Council with a powerpoint of accomplishments, procedures old and new since the incident, training, community involvement, neighboring communities penalties for offenses and reasons why they, the licensee, believe that they did not violate City Code/law. Numerous questions were asked of Attorney Glaser by Council. There was concern by Council that by not recognizing that a violation had occurred the City was sending a message that the licensee was not responsible for the actions of their patrons and once out the door their responsibility ended. Motion by Council Member Paar, seconded by Council Member King that no license violation had happened in this incidence. Voting in favor: King, Wilharber, and Paar. Council Members Fehrenbacher and Love opposed. Motion carried. VII.OLD BUSINESS 1. None. VIII.NEW BUSINESS 1. Proposed Contract Extension w/Waste Management Administrator Larson stated that currently the City has a community wide waste collection and recycling, with Waste Management providing those services. Administrator Larson provided Council with comparable rates of other communities that also have similar collection services and rates for bulk/electronic items. Administrator Larson stated that Waste Management is proposing a five (5) year extension of the existing contract, renewal rates are quite competitive. The largest container (96 Gallon) is not quite as competitive as the other rates, but that may have been an attempt to encourage recycling. Administrator Larson also stated that the current provider disposes of all city facility refuse/recycling and all events without additional charges to the city. Administrator Larson stated that Waste Management is offering a fluorescent bulb recycling program for half of the normal rate for four (4) collection events in a year and an additional mailing promoting recycling events or collections of problem materials. Administrator Larson stated that a supplemental agreement to the original contract would be brought back to Council for their consideration if they so choose. Page 4 of 7 City of Centerville Council Meeting Minutes June 27, 2012 Mr. Rick Rudd, Waste Management, was present to answer any questions that Council had and stated that Waste Management is extremely eager to continue their working relationship with the City. Consensus of Council was to direct Staff to bring back the formal agreement for contract extension at their next meeting. 2. Drainage Ditch/Rear Yards – Meadow Court & Meadow Circle (North of Center Street) – Authorize Expenditure of $2,713 Administrator Larson gave a brief review of Council’s discussion regarding this matter from their previous work session. Administrator Larson reported that Public Works Director Palzer had suggested cleaning the westerly 100 feet of the ditch along with the ditch along Centerville Road to Center Street. Administrator Larson stated that this may reduce the upstream water level; however, the outcome is not completely certain as large areas are overgrown with cat tails. Council consensus was to notify affected property owners of the City’s intent prior to work commencing. Motion by Council Member Paar, seconded by Council Member Fehrenbacher, to approve ditch cleaning of the westerly 100 feet of the ditch along with the ditch along Centerville Road to Center Street in an amount not to exceed $2,713. Lengthy discussion was had regarding the necessity of completing the work again within 3-5 years, abutting property owners completing the work, sewer pipe issues in the area and possibilities of addressing wet rear yards. All in favor. Motion passed unanimously. 3. Kelly’s Korner Liquor Violation Previously discussed. 4. ResQMe Program (J. Paar) Council Member Paar gave a brief overview of the ResQMe project intended to provide all seniors in Centerville, Circle Pines and Lexington with a device specifically for breaking automobile glass and cutting seatbelts. Council Member Paar stated that the Police Department is accepting donations for the project. Council Member Paar desired to recognize Officer Angie Kruyer and Community Service Officer Britini Austin for their work on this project and the Centerville Lions Club for their monetary donation of $200. Page 5 of 7 City of Centerville Council Meeting Minutes June 27, 2012 4. Consider Proposed Contract Extension w/Waste Management Discussed previously. 5. Consider Parking Restrictions for Mound Trail Administrator Larson stated that individuals have found a way into the Rice Creek Chain of Lakes Beach Area without paying for driving into the park by parking their vehicles along Mound Trail and within the cul-de-sac gaining access to the beach via foot. Administrator Larson stated that both the Police Department and several residents have responded unfavorably to this activity. Lengthy discussion was had regarding resident petition, speeding concerns, littering, placing parking restrictions, posting similar to Lakeland Circle, surveying affected property owners, etc. Council consensus was to survey Mound Trail residents to determine their desire regarding potentially posting/placing restrictions on parking on the roadway. 6. Recommendation to Approve Supplemental Agreement w/Veit, Inc. for Extra Traffic Control During State Shutdown Administrator Larson stated that Engineer Statz had briefly addressed this item at the last meeting and included with Council’s packet was a Supplement Agreement for $1,085.28 in additional costs to Veit, Inc. associated with the State shutdown in July, 2011. Administrator Larson stated that this is one item closer to closing out the Trail Project. Motion by Council Member Love, seconded by Council Member Paar, to approve the Supplemental Agreement w/Veit, Inc. for Extra Traffic Control During the State Shutdown of 2011 for the Trail Project as presented . All in favor. Motion carried unanimously. IX.ANNOUNCEMENTS/UPDATES Administrator Larson suggested that a work session be scheduled for the second meeting in July to continue budget discussions and planning capital expenditures. Consensus of Council was to schedule a work session for July 25, 2012 to discuss these items. Attorney Glaser reported that the Ticket Education Program is meeting expectations and comments are positive from judges due to decreasing the cases that are heard before them. Page 6 of 7 City of Centerville Council Meeting Minutes June 27, 2012 Council Member Fehrenbacher reported that the Police Governing Board would be meeting next month, the new handguns for the department had been received and officers have received training in the use and handling of the weapon. Council Member Paar stated that there is still time to register on line for the parade, numerous events have been planned surrounding this years Fete des Lacs (Festival of the Lakes) City Celebration with the entire weekend (July 27, 28 & 29, 2012) full of activities. Council Member Paar also stated that recently he attended a League of Minnesota Cities gathering and accepted an award on behalf of Stantec and the City for the Sormwater Irrigation Project recently completed. Council Member Paar thanked Stantec and Staff for their devotion to this project. The Mayor recessed the meeting at 8:55 p.m. and stated that the Council would continue in Closed Session to discuss personnel issues. X. The council continued the meeting in closed session. 1. Labor Negotiations Local 49ers 2. Annual Performance Evaluation of City Administrator Council reopened the regularly scheduled Council Meeting at 9:06 p.m. It was noted that the only issues discussed during the closed portion of the meeting were, labor negotiations with Local 49 and the City Administrator's performance review. Motion by Council Member Parr, seconded Council Member Fehrenbacher to approve the performance review of Administrator Larson and to grant him 40 hours of additional PTO time for 2012 in recognition of outstanding performance and extra work during the past year. All in favor. Motion passed unanimously. XI. ADJOURNMENT The motion made by Council Member Paar, seconded by Council Member Love to adjourn at 9:10 p.m. All in favor. Motion passed unanimously. Transcribed by City Clerk, Teresa Bender Page 7 of 7