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Home My WebLink About2013-01-09 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING January 9, 2013 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of January 9, 2013, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King Council Member D. Love ABSENT: Council Member Jeff Paar STAFF: City Administrator Dallas Larson City Engineer Mark Statz Legal Counsel Kurt Glaser I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II. PUBLIC HEARING(S) 1. None. III. APPROVAL OF AGENDA/SET AGENDA Mayor Wilharber added Centerville Claims (Check #27743-27747) to the Consent Agenda along with the January 2, 2013 Special City Council Meeting Minutes. Motion by Council Member Love, seconded by Council Member Fehrenbacher to approve the agenda/set agenda as presented. All in favor. Motion passed unanimously. IV. APPROVAL OF MINUTES 1. December 12, 2012 City Council Meeting Minutes Motion by Council Member King, seconded by Council Member Fehrenbacher to approve the December 12, 2012 City Council Meeting Minutes as presented. All in favor. Motion passed unanimously. 2. December 12, 2012 City Council Work Session Meeting Minutes Motion by Council Member Love, seconded by Council Member Fehrenbacher to approve the December 12, 2012 City Council Work Session Meeting Minutes as presented. All in favor. Motion passed unanimously. City of Centerville Council Meeting Minutes January 9, 2013 3. January 2, 2013 Special City Council Meeting Minutes Motion by Council Member Fehrenbacher, seconded by Council Member King to approve the January 2, 2013 Special City Council Meeting Minutes as presented. All in favor. Motion passed unanimously. V. CONSENT AGENDA 1. City of Centerville December 13, 2012 through January 9, 2013 Claims (Check #27718- 27738) w/Voided Checks #27728 & 27732-27736 & (Check #27743-27747) 2. Parks & Recreation Committee Recommendation for Approval of Goetz Landscaping for Construction of (1) 50’ x 80’ Sand Volleyball Court at Laurie LaMotte Memorial Park w/Construction Commencing Immediately After Spring Weight Restrictions Being Removed – Not to Exceed $18,154.93 Motion by Council Member Fehrenbacher, seconded by Council Member Love to approve the Consent Agenda as presented. All in favor. Motion passed unanimously. VI. AWARDS/PRESENTATIONS/APPEARANCES 1.Mr. Greg Kieselhorst – Centerville Lions Annual Ice Fishing Contest Mr. Kieselhorst, 7155 Brian Drive, introduced himself and desired to provide a $500 donation to the Parks and Recreation Committee from the Centerville Lions Club. Council Member King thanked the Centerville Lions on behalf of the Committee. Mr. Kieselhorst stated that the Club is requesting annual permits associated with their Annual Fishing Contest and Experimental Aircraft Association (Young Eagles Program) Free Airplane Rides (Chapter 745, Benson Airport). Mr. Kieselhorst felt that the Club would be setting up for the fishing contest on Friday, February 15 at approximately noon and would complete cleanup st the following day by 5:00 p.m. following the contest. It was noted that this event is the 31 Annual. VII. OLD BUSINESS 1. Ord. #61, Second Series, Rezoning Certain Property in Order to Make the Official th Zoning Map Conform to the 2030 Comprehensive Plan (7087 – 20 Avenue South) th The ordinance would change the zoning on the old public works site at 7087 20 Avenue from Public Use (P-1) to Commercial (B-1). Administrator Larson stated this item was missing from the last meeting packet. Administrator Larson stated that the City is likely to sell the property for private commercial use at some point and retain the portion of the property that houses the water tower. Administrator Larson stated that the Ordinance would become effective upon publication. Page 2 of 7 City of Centerville Council Meeting Minutes January 9, 2013 Motion by Council Member King, seconded by Council Member Love to adopt Ord. #61, Second Series, Rezoning Certain Property in Order to Make the Official Zoning Map th Conform to the 2030 Comprehensive Plan (7087 – 20 Avenue South) as presented. All in favor. Motion passed unanimously. VIII. NEW BUSINESS 1. Centerville Lions Ice Fishing Contest ~ Waiving of Fees a. Special Event Permit Application/DNR Application for Contest/EAA Young Eagles Airplane Rides b. Noise Permit c. Raffle d. Temporary/Event On-Sale Liquor License Motion by Council Member Fehrenbacher, seconded by Council Member King to approve the above stated permits as presented, including a waiving of the permit fees. All in favor. Motion carried unanimously. 2. Res. #13-002 – Authorizing Appointing Acting Mayor & Order of Succession Mayor Wilharber suggested that succession go in the order of tenure, Council Member Paar, Council Member Fehrenbacher, Council Member Love and Council Member King. Motion by Council Member King, seconded by Council Member Fehrenbacher to approve Res. #13-002 – Authorizing Appointing Acting Mayor & Order of Succession as presented. All in favor. Motion carried unanimously. 3. Res. #13-003 – Assigning Duties as they Relate to Handling Banking Transactions Administrator Larson stated that this resolution clarifies duties with regard to internal controls and identifies the Mayor and Acting Mayor as having check signing authority. Motion by Council Member Fehrenbacher, seconded by Council Member King to approve Res. #13-003 – Assigning Duties as they Relate to Handling Banking Transactions as presented. All in favor. Motion carried unanimously. 4. Res. #13-004 – Authorizing Appointments for 2013 Administrator Larson stated that several areas needed discussion with the Economic Development Authority lacking a citizen representative but the Authority was inactive. Administrator Larson proposed to modify the Official Newspaper of the City from the Citizen to Quad Community Press due to is weekly publication versus bi-weekly publication. Administrator Larson stated that at times Staff has encountered difficulty meeting required Page 3 of 7 City of Centerville Council Meeting Minutes January 9, 2013 deadlines or has delayed action on items due to the Citizen’s bi-weekly publication. Administrator Larson stated that the City has been extremely satisfied with The Citizen except for the problem with bi-weekly publication. Administrator Larson also stated that the rates would be cheaper and if the City desired, Staff could publish abbreviated notices in The Citizen for items that are crucial to a majority of residents allowing a much larger area of coverage. Ms. Deb Barnes, Managing Editor, The Citizen stated that it made sense for the City to utilize a newspaper that provided the best possible services needed and she agreed that it has been difficult to run publications due to meeting dates and legal requirements. Ms. Barnes also stated that at some point it may be determined to publish The Citizen on a weekly basis. Motion by Council Member Love, seconded by Council Member Fehrenbacher to approve Res. #13-004 – Authorizing Appointment for 2013 as presented. All in favor. Motion carried unanimously. 5. Res. #13-005 – Schedule Public Hearing Special Reassessments – Backage Road Attorney Glaser stated that based upon a judicial decision, the City must initiate an additional public hearing for the original project due to court action taken by Sheehy Companies. Attorney Glaser stated that reappraisal has been completed and is based on court rulings. Attorney Glaser also stated that the attorney for Sheehy Companies desires to speak before the Council at the hearing for no more than 10-15 minutes regarding the issue. Motion by Council Member Fehrenbacher, seconded by Council Member King to approve Res. #13-005 – Scheduling a Public Hearing for Special Reassessments – Backage Road as presented. All in favor. Motion carried unanimously. 6. Planning & Zoning Commission Report & Recommendation to Issue A Conditional Use th Permit to Mr. Steve Vermeersch, 7137 – 20 Avenue North ~ Automotive Repair Business Administrator Larson stated that all required notices were mailed and published, a public input opportunity was provided without receiving any comments and the Commission recommended Council’s approval according to the presented ”Findings and Recommendation.” Motion by Council Member Love, seconded by Council Member Fehrenbacher to approve the findings and recommended Conditional Use Permit for Mr. Vermeersch as presented by the Planning & Zoning Commission. All in favor. Motion carried unanimously. 7. Storm Water System Maintenance – Olson Sewer Low Bidder - $20,811 (South of Houle Circle, End of Houle Circle, West of Peterson Trail & South of Prairie Drive) Page 4 of 7 City of Centerville Council Meeting Minutes January 9, 2013 Administrator Larson stated that Mr. Palzer’s memo addressed the necessity for completing this work by being proactive with routine maintenance and taking advantage of dry conditions of last year. Mr. Palzer identified four (4) storm water areas that would benefit from cleaning. Administrator Larson stated that additional costs would likely be incurred for restoration and the budget contained sufficient funding for the expenditure. Discussion ensued regarding collaboration with other communities for these services, utilizing Staff for these services potentially in the future and Staff’s current duties and responsibilities. Council Member King questioned the contractors work documents and credentials. Administrator Larson stated that there would be a signed contract along with proof of insurance similar to any other provider of contracted services for City projects. Motion by Council Member Fehrenbacher, seconded by Council Member Love to award Olson Sewer with a contract for performing Storm Water Maintenance South of Houle Circle, End of Houle Circle, West of Peterson Trail & South of Prairie Drive in an amount not to exceed $20,811 as presented. All in favor. Motion carried unanimously. 8. Ord. #62, Second Series, Amending Chapter 51, Section 51.08 Relating to Municipal Water Service Administrator Larson stated that this item has been discussed on several occasions by Council. MayorWilharber read the proposed amendment, “All property served by private water systems must connect to public water, if it is available, not later than 12-31-2017, except that where water is made available by the City after January 1, 2013, properties served shall be connected no later than 12/31/2021.” Council Member King questioned whether there would be a conflict with how previous projects had been handled in the past and Attorney Glaser stated no. Motion by Council Member Fehrenbacher, seconded by Council Member Love to adopt Ord. #62, Second Series, Amending Chapter 51, Section 51.08 Relating to Municipal Water Service as presented. Discussion ensued regarding resident opposition to required connection to the municipal watermain for both the 2009 Street Improvement Project and the proposed 2013 Street Improvement Project. Council Member King felt strongly that residents should not be required to connect until their existing well needed repair or they desired to connect. Additional discussion ensued regarding the ability to retain existing wells for watering lawns, gardens and internal home usage if piping was separated not allowing cross contamination. Engineer Statz stated that the City would allow an internal sillcock/hose bib to be installed in the Page 5 of 7 City of Centerville Council Meeting Minutes January 9, 2013 basement/lower level of a home but that it must be visually easy to distinguish the piping separation. Council Member Love stated that the majority of residents had opposition to the 2013 Street Improvement Project due to the required connection deadline and assessments associated with the municipal watermain installation. Residents that appeared at the meeting desired for the costs associated with that portion of the improvement be deferred until they desired to connect. Council Member Fehrenbacher stated that with the 2009 Street Improvement Project Council extended the required connection date from December 31, 2012 to December 31, 2017. Lengthy discussed ensued regarding property values, watermain infrastructure investment, watertower expenditures/maintenance, municipal growth and with Council’s action on this item a resident’s ability to have numerous scenarios for connection and the ability to retain their existing well to some extent following connection. All present voted in favor of the motion, except Council Member King Opposed. Motion carried. 9. Res. #13-006 – Authorize Grant Application for Watermain & Service Line Project in Royal Meadows Subdivision Administrator Larson stated that the draft grant application is similar to a previous project that received Community Development Block Grant (CDBG) funding for low to moderate income property owners to connect to municipal water services. Administrator Larson stated that the Royal Meadows Subdivision is comprised of smaller homes with smaller lots and it is proposed to directional bore the watermain through the rear of the properties to service the homes leaving the existing roadway intact. Discussion ensued regarding the possibility of securing a grant similar to this for residents along Center Street, income requirements, locations of trails and ditches comparative to the proposed project, and other areas of town that lack services. It was noted that the grant required matching funds of $70,000 which would be offset by connection fees amounting to approximately $46,000. It was noted that rental properties may need special agreements. Motion by Council Member Love, seconded by Council Member Fehrenbacher to approve Res. #13-006 – Authorizing Grant Application for Watermain & Service Line Project in Royal Meadows Subdivision as presented. All present voted in favor of the motion, except Council Member King opposed. Motion carried. IX. ANNOUNCEMENTS/UPDATES Page 6 of 7 City of Centerville Council Meeting Minutes January 9, 2013 City Administrator Larson suggested a work session following Council’s regularly scheduled meeting for January 23, 2013 to discuss Anoka County Highway Department’s proposal for reconstruction/resurfacing Centerville Road/CSAH21 and revisiting the business survey project started late last year. Administrator Larson also stated that Council regularly schedules a joint session with the Commissions/Committees to discuss goals and that potentially a second work session for that purpose could be held at Council’s first meeting in February. City Attorney Glaser and City Engineer Statz thanked Council for their respective re- appointments. Council Member King questioned the potential for housing chickens in residential areas and did all three (3) member cities of Centennial Lakes Police Department have to approve of this if Centerville desired to allow it and why. Administrator Larson stated that for enforcement ease, all three (3) cities (Centerville, Circle Pines and Lexington) agreed to exactly the same provisions of an animal ordinance; however, that did not mean that one (1) city could not deviate from the current provisions but that it would be more advantageous to see if the other two (2) cities desired to make the modification also, prior to proceeding. Council Member Love stated that the Planning and Zoning Commission would be discussing the issue in greater detail at their next meeting due to limited attendance due to illness and being out of town by members at their January meeting. X. ADJOURNMENT Motion by Council Member King, seconded by Council Member Fehrenbacher to adjourn the regularly scheduled Council Meeting of January 9, 2013 at 7:25 p.m. All in favor. Motion carried unanimously. Transcribed by City Staff Member Teresa Bender, City Clerk Page 7 of 7