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Home My WebLink About2012-11-14 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING November 14, 2012 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of November 14, 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: Finance Director, Mike Jeziorski Legal Counsel, Kurt Glaser Public Works Director, Paul Palzer CANVASSING BOARD 1. CALL TO ORDER Mayor Wilharber called the Canvassing Board to order at 6:30 p.m. Finance Director Jeziorski gave a brief overview of the results from the November 6, 2012 General Election for municipal seats stating that current Mayor Tom Wilharber ran unopposed and received 1,628 votes with 50 write-ins for other individuals; two (2) Council Seats (four (4) year terms) current Council Member Paar received 1,064 votes, current Council Member Fehrenbacher received 1,020 votes and Mr. Matthew Montain received 917 votes with 26 write-ins for other individuals. Finance Director Jeziorski congratulated Mayor Wilharber, Council Members Paar and Fehrenbacher for their wins. Finance Director Jeziorski also stated that the City of Centerville experienced a 84% voter turnout. Finance Director Jeziorski thanked Staff and the election judges for their contributions and hard work. Motion was made by Council Member Love and seconded by Council Member King to approve the Canvassing of Election Results as presented. All in favor. Motion passed unanimously. Mayor Wilharber adjourned the Canvassing Board meeting. CITY COUNCIL MEETING I. CALL TO ORDER PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King City of Centerville Council Meeting Minutes November 14, 2012 Council Member D. Love Council Member Jeff Paar ABSENT: None STAFF: Finance Director, Mike Jeziorski Legal Counsel Kurt Glaser Mayor Wilharber called the meeting to order at 6:32 p.m. and opened the public hearing for Delinquent Utilities and Nuisance Abatement. II. PUBLIC HEARING(S) rdth 1. Delinquent Sewer, Water & Garbage Services Associated with the 3, 4 stnd Quarter of 2011 & the 1 & 2 Quarters of 2012 Utility Billing Cycles Finance Director Jeziorski gave a brief overview of previous years’ delinquent utilities stated that they have remained comparative. Council Member King questioned the reasoning behind the City assessing/collecting garbage fees for a private company. Attorney Glaser stated that it has been customary to provide this service to the hauler due to the fact that the City utilizes one service provider. Mayor Wilharber stated that Council felt with one hauler, the road-ways would receive less wear and tear with one (1) hauler on the same collection day for the entire community. Council Member Love questioned the amount of properties that are vacant or in the process of foreclosure. Finance Director Jeziorski stated that he would be happy to provide that information to Council in the future. Finance Director Jeziorski stated that five (5) accounts have made payment since the resolution was crafted and contained in the packet with additional payments anticipated prior to forwarding to the County for certification. 2. Municipal Services Rendered ~ Nuisance Abatement Attorney Glaser requested that this item be tabled to the November 28, 2012 allowing for additional discussions with the resident’s attorney. Attorney Glaser stated that the item may need to be discussed in closed session. Motion by Council Member Paar and seconded by Council Member Fehrenbacher to table this item to the next regular Council Meeting of November 28, 2012. All in favor. Motion passed unanimously. III. APPROVAL OF AGENDA Mayor Wilharber reviewed the presented Agenda with Council. Page 2 of 6 City of Centerville Council Meeting Minutes November 14, 2012 Motion was made by Council Member Love and seconded by Council Member King to approve the Agenda as presented. All in favor. Motion passed unanimously. IV. APPROVAL OF MINUTES 1. October 24, 2012 City Council Meeting Minutes Motion was made by Council Member Fehrenbacher and seconded by Council Member King to approve the Minutes of the October 24, 2012 City Council Meeting as presented. All in favor. Motion passed unanimously. V. CONSENT AGENDA 1. City of Centerville October 25, 2012, 2012 through November 14, 2012 Claims (Check #27570-27614) 2. Centennial Police Department Claims through November 8, 2012 Claims (Check #9162-9203) w/Voided Check #9150 3.Centennial Fire District Claims through October 8, 2012 (Check #5555-5582) w/Payroll Checks #5551-5554 4.Encroachment Agreement, 1988 Main Street ~ Fence Motion was made by Council Member King and seconded by Council Member Fehrenbacher to approved the Consent Agenda as presented. All in favor. Motion passed unanimously. VI. AWARDS/PRESENTATIONS/APPEARANCES None. VII. OLD BUSINESS 1.Anoka County Purchase of 7296 Main street – Chain of Lakes Boundary Attorney Glaser stated that both the City and the County negotiated items pertaining to the agreement, the removal of the property from the City of Centerville’s property taxes and the presented agreement is the outcome of numerous discussions and Council direction. Attorney Glaser stated that slight modifications had been made since the document was previously discussed due to the County’s ability to obtain funding to purchase the property, connect to municipal services and construction of a interpretive area for the Indian Burial Mounds. Motion by Council Member Fehrenbacher and seconded by Council Member Paar to approve the Joint Powers Agreement Relating to the Amendment of the Rice Creek Chain of Lakes Park Reserve Boundary as presented. All in favor. Motion passed unanimously. Page 3 of 6 City of Centerville Council Meeting Minutes November 14, 2012 2.Centennial Fire District 2013 Budget Amendment &Capital Improvement Plan (CIP) Finance Director Jeziorski stated that due to the ability of capturing some administrative costs through grant proceeds, the Fire District desired to amend their 2013 Budget and Capital Improvement Plan by decreasing the previous approved 2013 Budget and CIP from $128,000 to 123,500. Motion by Council Member Love and seconded by Council Member Fehrenbacher to decrease the Centennial Fire District 2013 Budget & Capital Improvement Plan by $4,500 to $123,500. All in favor. Motion passed unanimously. VIII. NEW BUSINESS Mayor Wilharber Closed the Public Hearing for Delinquent Sewer, Water & Garbage Services 1.Res. #12-026 – Delinquent Sewer, Water & Garbage Services As Finance Director Jeziorski stated earlier, five (5) individuals have paid since the resolution was crafted and more are likely to make payment prior to certification. Motion by Council Member Paar and seconded by Council Member King to adopt Res. #12-026 - Delinquent Sewer, Water & Garbage Services for Residents rdthstnd Associated with the 3 and 4 Quarter 2011, 1 and 2 Quarters of 2012 Billing Cycles and Assessing Same to Parcel Identification Numbers Through County Property Tax Statements Payable in 2013 as per payment modifications deem appropriate prior to the November 30, 2012 deadline for certification through County property taxes. All in favor. Motion carried unanimously. 2. Res. #12-0XX – Adopting Special Assessment for Nuisance Abatement - Tabled 3.Ticket Education Program Review Attorney Glaser stated that the program is well received by both the Police Department and the offenders; however, the Governing Board desires to decrease program costs which will be captured in the new agreements that Council will receive at their next meeting for consideration. 4.Mallard Way & Ditch Issues Both Council Members Paar and Fehrenbacher stated that they had received resident complaints regarding a recently forwarded letter from the City regarding the depositing of brush, grass clippings and storage of items from abutting property owners’ on the City’s property. These same residents requested that the Council Members visit their rear yards to personally view the City’s property, discussed the unsatisfactory condition that the contractor left the site in upon completion of the work, requested that going forward they Page 4 of 6 City of Centerville Council Meeting Minutes November 14, 2012 receive City requests either by telephone or in person rather than by mail and requested that they be allowed to improve the Outlot if the City was not going to be responsive to their requests for cleaning it up. Council Member Fehrenbacher stated that one abutting neighbor had installed a bridge, which the City removed due to it not meeting structural requirements and that the owner had requested that it be returned and to date it had been. Residents admitted that in the past they had been depositing items (brush and grass clippings) on the property a stopped after they found out that it disturbed the drainage ditch. Lengthy discussion was had by the Public Works Director Palzer stating that the contractor who cleaned the ditch left the site in satisfactory condition, that neighboring property owners placed brush and additional items onto the City’s property on numerous occasions, that other debris could have been left by the previous owner, Ground Development and that most of the stumps viewed by property owners are located on their own property with the City not being responsible for removing them. Mr. Richard Gillitzer, 6873 Mallard Way, stated that he desired to clear and spruce up what he thought was his property due to the fact that it states that he owns a portion of the Outlot on his deed and he learned from his neighbors that he did not own it that the City did. Mr. Gillitzer explained that he desires to clean the same size area as his neighbors. Mr. Gillitzer also stated that he received a similar letter from the City, felt that it would be not only in his best interest but also the City’s to spruce up the area, that City Staff was extremely rude to him when they were visiting the Outlot recently and that the letter was very threatening. Attorney Glaser stated that there would be slight liability on the City’s part if something happened during the resident cleanup. Consensus of the Council was for abutting property owners to meet with City Staff regarding future cleanup efforts and subsequent authorization for the owners to commence cleanup. IX. ANNOUNCEMENTS/UPDATES Council Member Fehrenbacher reported on the recent Police Governing Board meeting stating that staff was offered similar benefits as was offered to union employees, that several individuals that serve on the board were up for re-election, with representatives from the cities of Lexington and Centerville being reelected to their positions and that the City of Lexington will be hosting the meetings for the upcoming year. Council Members Love and Paar both thanked City Staff and election judges for their hard work with the recent General Election. Both Council Members thanked voters for the large turnout. Council Member Love stated that Mr. Chad Buechler, Operating Manager for CenterMart appeared before the Planning and Zoning Commission in November requesting a Conditional Use Permit for the operation of a U-Haul Rental business at 1825 Main Street and the Commission ordered a Public Hearing for December 4, 2012 at 6:30 p.m. Page 5 of 6 City of Centerville Council Meeting Minutes November 14, 2012 X. ADJOURNMENT Motion made by Council Member Paar and seconded by Council Member Fehrenbacher to adjourn the Council Meeting of November 14, 2012 at 7:38 p.m. All in favor. Motion passed unanimously. Transcribed by City Staff member: Teresa Bender, City Clerk Page 6 of 6