HomeMy WebLinkAbout2013-05-08 CC Minutes - Approved
CITY OF CENTERVILLE
CITY COUNCIL MEETING
May 8, 2013
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly
scheduled meeting of May 8, 2013, 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 Engineer Mark Statz
Legal Counsel Kurt Glaser
Finance Director, Mike Jeziorski
Public Works Director/Building Official, Paul Palzer
I. CALL TO ORDER
Mayor Wilharber called the meeting to order at 6:30 p.m.
II. PUBLIC HEARING(S)
1. SWPPP/MS4 – Information/Public Hearing Meeting
Mayor Wilharber opened the public hearing at 6:31 p.m.
Administrator Larson stated that holding a public hearing is required as part of the MPCA
MS4 stormwater permit requirements, to obtain public input regarding the City’s policy
and maintenance procedures for ponds and ditches minimizing pollution into streams and
lakes.
Public Works Director Palzer reported that within the last year the City has inspected
66% of the City’s 127 structures and they are in normal parameters and meet
requirements.
The Mayor closed the public hearing at 6:40 p.m.
City of Centerville
Council Meeting Minutes
May 8, 2013
III. APPROVAL OF AGENDA
Mayor Wilharber added Centerville Claims (Check #27963-27965), an encroachment
Agreement for 1889 Quebec Street - Fence, an Anoka County Community Development
Block Grant Program Contract and a Planning & Zoning Commission Findings &
Decision Relating to Code Amendment – Waste Processing & Recycling Business I-1
District were added. Mayor Wilharber also noted that replacement pages for New
Business Item #3 were provided for consideration this evening.
Motion by Council Member Love, seconded by Council Member Paar to approve
the Set Agenda as presented with the above stated amendments All in favor.
Motion passed unanimously.
IV. APPROVAL OF MINUTES
1.April 24, 2013 City Council Meeting Minutes
The Mayor provided Council Members with an opportunity to review draft meeting
minutes.
Motion by Council Member Paar, seconded by Council Member Fehrenbacher to
approve the minutes of the April 24, 2013 City Council Meeting, as presented. All in
favor. Motion passed unanimously.
2.April 24, 2013 City Council Work Session Meeting Minutes
The Mayor provided Council Members with an opportunity to review the draft work
session minutes.
Motion by Council Member Love, seconded by Council Member King to approve
the minutes of the April 24, 2013 City Council Work Session Meeting, as presented.
All in favor. Motion passed unanimously.
V. CONSENT AGENDA
1. City of Centerville April 25, 2013 through May 8, 2013 Claims (Check #27949-
27962) & (Check #27963-27965)
2. Centennial Police Department Claims through April 11, 2013 (Check #9428-
9439)
3. Centennial Fire District Claims through April 19, 2013 (Check #5777-5793)
w/Payroll Checks #5771-5776 – The Mayor noted that Check #5790 in the
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amount of $3,900 to Chief Streich was for both his cellphone and approved
educational reimbursement
4. Encroachment Agreement – 1889 Quebec Street ~ Fence
Motion by Council Member King, seconded by Council Member Fehrenbacher to
approve the Consent Agenda as presented. All in favor. Motion passed
unanimously.
VI. AWARDS/PRESENTATIONS/APPEARANCES
1.Mr. Jim Coan, Police Chief, Centennial Lakes Police Department – Annual
Report
Chief Coan stated that he is very pleased with the accomplishments of the department
throughout the year, pending completion of updating policies, standardized uniforms and
firearms carried, designed a new badge, continued transitioning to a new model of patrol
car, updated their website, hired several new officers, support staff while also
strengthening the ranks of reserve officers and the CERT program. Chief Coan also
reported that the Police Department’s relationship with local schools, have been enhanced
and they have developed strategic plans.
Chief Coan felt that the Department would continue to strive for professional growth and
development, maintain partnerships with citizens and fellow law enforcement agencies
while continuing to provide the highest level of public safety to the citizens of
Centerville, Circle Pines and Lexington in 2013.
Council Member King questioned the attendance of an officer at Council meetings on a
regular basis. Chief Coan responded that Sargent Aldrich would be appearing before
Council to provide regular quarterly updates. Council Member King requested that the
statistics that are provided be City specific rather than department specific.
Chief Coan stated that the Department’s annual and monthly reports are on their website
for the public to review.
2.Mr. Ken Tolzmann, 2013 Report of Market Study and Equalization Meeting/Open
Book
Mr. Tolzmann stated that the Board of Equalization/Open Book procedure is the first
process in establishing a City budget and once that is completed, Truth in Taxation
Notices will be forwarded to residents in November. Mr. Tolzmann explained that he
advocates on behalf of taxpayers while maintaining a duty upholding property tax laws.
Mr. Tolzmann also explained how the valuation of homes are derived; by stating that
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“qualified sales” (not bank sales, relative sales, foreclosure sales or any other type of
sales that would not be representative of market value (short sales)) are utilized and
compared with unsold properties to establish the upcoming years values.
Mr. Tolzmann stated that for the 2013 assessments, there were 72 total sales with 32
being qualified as “good sales” and utilized for comparisons. Mr. Tolzmann stated that
with the new market values, overall residential market values were down 1.9% with
overall commercial/industrial values down by 5% with this resulting in a 2.8% decrease
in market values for 2014.
Mr. Tolzmann reported that he often hears from new homeowners that an they purchased
a foreclosed home at a certain price and they feel that they should be taxed as that being
the value of the home. Mr. Tolzmann explained that these foreclosures are not
considered a “qualified sale” or reflection of actual market values.
Mr. Tolzmann reported that in 2012 there were 22 foreclosure sales which was less than
the 38 experienced in the previous year. Mr. Tolzmann also reported that to date there
were 9 foreclosure sales and 13 “qualified sales”. Mr. Tolzmann stated with this trending
he felt that the real estate market was recovering.
Mr. Tolzmann stated that if any resident feels that their market value is
inaccurate/appeals they have the opportunity to contact him to schedule an appointment,
they had the opportunity to participate in the Open Book Meeting held at the Government
Center in Anoka until June or they can file an appeal with the Courts.
Administrator Larson stated that the City has received one petition/appeal from Ground
Development/GDI. Mr. Tolzmann stated that he was unaware of that filing and would
review it.
3.Mr. Greg Kieselhorst, Centerville Lions – Request for Fete des Lacs Permits
Mr. John Thill, 1375 Mound Trail, President of Centerville Lions appeared before
Council requesting annual Fete des Lacs permit and waiving of associated fees. Mr. Thill
stated that this year’s festival would be held July 26, 27 and 28.
VII. OLD BUSINESS
1. Sale of Property – 7261 Main Street (Home Detail, Inc.) Approve Memorandum
of Agreement
Administrator Larson reported that in packet was a signed memorandum of agreement by
the buyer. Administrator Larson stated that the buyer has made application for a
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variance, and Planning and Zoning has scheduled a public hearing for June 4, 2013.
Subject to this hearing, the item and the Commission’s recommendation would follow to
Council.
Motion by Council Member Love, seconded by Council Member King to approve
the Memorandum of Agreement for the Sale of 7261 Main Street as presented. All
in favor. Motion passed unanimously.
VIII. NEW BUSINESS
1.2013 Fete des Lacs Permits – Centerville Lions (Laurie LaMotte Memorial
Park (July 26, 27 & 28, 2013)
a. Special Event Permit
b. Noise Permit (July 26, 2013 ~ 8:00 a.m. – Midnight, July 27, 2013 ~ 8:00
a.m. – Midnight, & July 28, 2013 ~ 8:00 a.m. – 8:00 p.m.
c. Temporary On-Sale Liquor License (July 26, 2013 ~ 10:00 a.m. –
Midnight, July 27, 2013 ~ 10:00 a.m. – Midnight, & July 28, 2013 ~ 10:00
a.m. – 8:00 p.m.
d. Fireworks (July 26, 2013 @ Dusk)
e. Temporary Charitable Gambling – Raffle ~ July 28, 2013 @ 3:00 p.m. &
Associated Transient Sales/Solicitor Certificate ~ July 1 – July 28, 2013
Motion by Council Member King, seconded by Council Member Love to approve
the requested permits and waiving associated fees as presented. Mayor Wilharber
Abstained. Motion passed.
2.Parks & Recreation Committee Recommendation for Installation of Port-a-Potties
@ All Parks that have Play Structures, Request Unbudgeted Funding
Administrator Larson stated that for the last several years only two (2) port-a-potties have
been installed at local parks, one (1) at Laurie LaMotte Memorial Park and the other at
McBride Park. Both Administrator Larson and Finance Director Jeziorski stated that the
budget did not include funding for the additional sites .
Public Works Director Palzer stated that the Centennial Little League had agreed to
provide a facility for Laurie LaMotte Memorial Park for the months of April and May
along with utilizing the warming house facilities.
Discussion ensued regarding the fees for this provision, number of parks with play
equipment, ADA accessibility and vandalism.
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Motion by Council Member Paar, seconded by Council Member Fehrenbacher to
secure ADA accessible port-a-potties for the five parks that have play structures.
All in favor. Motion passed unanimously.
3.Planning & Zoning Commission Recommendation – Ord. #63, Second Series,
Amendment to City Code, Chapter 90, Section 90.03 Allowing for Backyard
Chickens (Hens)
Administrator Larson stated that at the Planning & Zoning Commission meeting; the
Commission requested the addition of the word “neighboring” in section 90.03 Farm
Animals, B. #7, line 3, between “all” and “residential structures”. Administrator Larson
stated that items in gray are areas that the City of Circle Pines desired modification and
the City of Centerville included. Administrator Larson stated that Circle Pines would be
considering it later in the week and that the City of Lexington has yet to consider it.
Discussion ensued and Council consensus was to remove language pertaining to “at least
70 percent” in Section 1, 90.03 Farm Animals, B. #2. Attorney Glaser felt that the
change would affect the administrative process of permitting and it would not disrupt the
collaboration efforts with Circle Pines and Lexington.
Motion by Council Member Fehrenbacher, seconded by Council Member King, to
approve Ord. #63, Second Series, Amendment to City Code, Chapter 90, Section
90.03 Allowing for Backyard Chickens (Hens) as presented with the omission of “If
the applicant’s lot is less than 15,000 square feet, the applicant must secure
permission from at least 70 percent of the owners of property within 150 feet of the
applicant’s parcel.”
Council Member King questioned whether other permits/ordinances contained
similar requirements for permission from neighboring property owners.
Administrator Larson stated yes, fences installed on property lines and bee permits.
All in favor. Motion passed unanimously.
Discussion also ensued regarding fees for permitting and being similar to beekeeping of
$75.
Council Member Love, seconded by Council Member Fehrenbacher to charge a
licensing fee of $75 similar to beekeeping. All in favor. Motion carried
unanimously.
4. Anoka County Community Development Block Grant Program (Opt In)
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Administrator Larson stated that in the past the City has been successful in obtaining
grant funds committed to Anoka County “urban county” cities through this program and
recommended continued participation in it rather than becoming a part of a much larger
group vying for funding through the State which would have competition with others that
are outside of the County. Administrator Larson also stated that with the County
program, the County determines how funds are distributed and he feels that the City
would have a better chance at being successful with them. Administrator Larson stated
that over the past 8 years the City has received approximately $750,000 in grant funding.
Discussion ensure regarding previous projects and potential working relationships
between the County and the City, whether participation preempted applying for grants
elsewhere, and decision makers at the County level.
Motion by Council Member Love, seconded by Council Member Fehrenbacher to
approve Continued Participation (Opt-in) in the Anoka County Community
Development Block Grant Program. Council Member King opposed. Motion
carried.
5. Planning & Zoning Commission Findings & Decision Relating to Code
Amendment – Waste Processing & Recycling Business in I-1 (Industrial District)
Administrator Larson stated that the Planning & Zoning Commission held a public
hearing and reviewed the presented Code Amendment. Administrator Larson stated that
there is urgency to complete this amendment due to a local business’ wishing to apply for
a conditional use permit. Administrator Larson also stated that through the Conditional
Use Permit, the City can place requirements on the business and if adherence is not met,
revoke the permit.
Consensus of the Council was to modify language to state within the “principle structure”
rather than “building”.
Motion by Council Member Fehrenbacher and seconded by Council Member King
to accept the Planning & Zoning Commission’s Findings & Decision Related to
Code Amendment, however, striking the word “building” and replace it with
“principle structure” and adopting the proposed ordinance with that amendment.
All in favor. Motion carried unanimously.
IX. ANNOUNCEMENTS/UPDATES
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Administrator Larson reported that the street projects are underway and approximately 45
residents desire to verify costs associated with water connection. Administrator Larson
stated that a group of Mound Trail property owners have concerns regarding water
connection, that he would be meeting with them in the next week and forwarding that
information to Council.
Administrator Larson stated that in November of last year a group of Mallard Way
residents appeared before Council and requested that they have the ability to “spruce up”
Outlot B, Pheasant Marsh and at that time, Council directed Staff to meet with them to
provide direction. Administrator Larson reported that he and Public Works Director
Palzer had met with them and provided the following information to them: Developer tax
forfeited the property, the City purchased the property for public purpose and cannot sell
it for private use, it would be mowed by the City once or twice a year, however, they
could mow it if they desired, utilize it for picnicking and recreational fires as long as all
items were removed immediately following their use. Administrator Larson stated that
all residents can utilize the area in the same fashion due to its public purpose similar to a
park.
Engineer Statz stated that the street projects are underway and the first weekly
construction meeting would be taking place on Thursday at 9:00 a.m. if anyone desired to
attend. Engineer Statz also stated that utilities have begun being moved in anticipation
for construction of the rain gardens.
Mayor Wilharber reported that an upcoming meeting would be held regarding Flood
Insurance Maps and a recent study performed by FEMA on Wednesday, May 29, 2013
and that there are several Veteran Memorials taking place within Anoka County for
Veteran’s Day.
Convene to Closed Session with 5 minute break 7:43 p. m.
Minutes of closed portion of Council meeting of Wednesday, May 8, 2013. in City Hall
The City Council of Centerville, Minnesota, reconvened their regular meeting of this date
at 7:48 p.m. and then met in a closed session. Present were Mayor Tom Wilharber,
Council members Jeff Paar, Steve King, D Love, and Ben Fehrenbacher. Also present
were engineer Mark Statz, City Attorney Kurt Glaser, Finance Director Mike Jeziorski
and Administrator Dallas Larson. The purpose of the closed meeting was for an attorney-
client protected discussion involving litigation in the matter of Sheehy vs. Centerville.
City Attorney Glaser reviewed the status of the litigation.
The meeting was reopened to the public at 7:55 p.m.
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Attorney Glaser stated that the only item discussed during the closed session was the
litigation of Sheehy Construction regarding their special assessment.
X. ADJOURNMENT
The motion made by Council member Love, seconded by Council member Paar to
adjourn the regularly scheduled meeting of May 8, 2013 at 7:55 p.m. Motion passed
unanimously.
Transcribed by City Staff Teresa Bender, City Clerk and Dallas Larson, City
Administrator
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