HomeMy WebLinkAbout2013-06-12 CC Minutes - Approved
CITY OF CENTERVILLE
CITY COUNCIL MEETING
June 12, 2013
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of
June 12, 2013, at City Hall, 1880 Main Street.
PRESENT:
Mayor Tom Wilharber
Council Member Ben Fehrenbacher
Council Member Steve King arrived at 6:35
Council Member D. Love
Council Member Jeff Paar
ABSENT:
None
STAFF:
City Administrator Dallas Larson
City Engineer Mark Statz
Legal Counsel Kurt Glaser
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)
III. APPROVAL OF AGENDA
Mayor Wilharber added Centerville Claims (Check #28018-28028); with Voided Check #28020 & 28023.
Mayor Wilharber also added Imposition of Presumptive Civil Penalty Liquor Violation – Trio Inn, Mr.
Paul Montain under New Business #1, Laurie LaMotte Memorial Park, #7 and Camp-Baron, 7121
Centerville Road, #8.
Motion by Council Member Love, seconded by Council Member Fehrenbacher to approve the Set
Agenda as presented with the above stated amendments. All in favor. Motion passed unanimously.
IV. APPROVAL OF MINUTES
1.May 22, 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 Love to approve the minutes of the
May 22, 2013 City Council Meeting as presented. All in favor. Motion passed unanimously.
2. May 22, 2013 City Council Work Session Meeting Minutes
The Mayor provided Council Members with an opportunity to review the draft work session minutes.
City of Centerville
Council Meeting Minutes
June 12, 2013
Motion by Council Member Fehrenbacher, seconded by Council Member King to approve the
minutes of the May 22, 2013 City Council Work Session Meeting as presented. All in favor. Motion
passed unanimously.
V. CONSENT AGENDA
1.City of Centerville May 23, 2013 through June 12, 2013 Claims (Check #27995-28016) (Check
#27998 is a ACH Payment Not an Actual Check) & (Check #28018-28028) w/Check #28020 &
28023 Voided
2.Centennial Lakes Police Department Claims through May 23, 2013 (Check #9459-9483)
3.Centennial Fire District Claims through May 17, 2013 (Check #5819-5833)
4.Special Event Permit Application ~ Private Property – 7200 Mill Road (September 21, 2013) –
Noise Past 10:00 p.m. (Wedding Reception)
5.Accept Resignation of Finance Director, Mr. Mike Jeziorski
6.Pay Request #1, Northdale Construction Co., Inc. ~ 2013 Street Improvement Project
($221,525.31)
7.Change Order #1, Northdale Construction Co., Inc. ~ 2013 Street Improvement Project
(12,545.39)
Mayor Wilharber requested to remove Items #6 & #7 for additional discussion.
Motion by Council Member Fehrenbacher, seconded by Council Member King to approve Consent
Items #1-5 as presented. All in favor. Motion passed unanimously.
Mayor Wilharber questioned Items #6 and 7 mainly because of the change order. Engineer Statz
briefed the Council on the pay request and change order. He stated that there were 2 reasons for
the change order. First, additional rock was needed for the soft conditions due to the excessive rain
and it does not provide any additional compensation for labor. Second, several catch basins
needed to be replaced. When they first took a look at them, they thought they would be able to
reuse them but when they actually dug them up they found that they were in very poor condition.
The change order included the catch basins and the labor costs. He stated the reason why labor
was not added to the first item was because the contractor is expected to maintain traffic flow.
Mayor Wilharber stated he would like to thank staff for helping the residents with trash and
recycling receptacles and residents for their patience during this time due the fact that the weather
is unpredictable.
Council Member Love asked if the installed rock could be utilized in the future and Engineer Statz
stated no because the rock would need screening, washing and hauling to accommodate future use
and it was not economically feasible.
Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve Items #6
and 7 on the consent agenda as presented. All in favor. Motion passed unanimously.
VI. AWARDS/PRESENTATIONS/APPEARANCES
1. None.
Page 2 of 7
City of Centerville
Council Meeting Minutes
June 12, 2013
VII. OLD BUSINESS
1. None.
VIII. NEW BUSINESS
1.Imposition of Presumptive Civil Penalty Liquor Violation – Trio Inn – Mr. Paul Montain
Administrator Larson stated that the Trio Inn failed their state mandated liquor compliance check in
January, 2013 and per City Code, the establishment/owner has an opportunity for an administrative
hearing which is taking place this evening. The presumptive penalty for a first violation is $500 plus
license suspension of five days, but may be modified by City Council.
Mr. Montain was present. Attorney Glaser stated that a bartender served a minor in January, 2013 and
that Mr. Montain is not objecting to this charge. He is requesting that the City allow him to pay the fine
without suspending his liquor license for the five day period. Mr. Montain requested that Council
consider accepting a larger fine, not more than double the current amount of $500 in lieu of the 5 day
suspension. Mr. Montain apologized for the incident and stated that he has numerous policies, aides and
procedures to ensure that this type of mistake does not happen; however, a mistake was made.
A Motion was made by Council Member Fehrenbacher and seconded by Council Member Love to
impose a Civil Penalty for Liquor Violation in the amount of $1,000 in lieu of license suspension for
5 days associated with the January 17, 2013 Code Violation and conviction.
Discussion ensued regarding current code requirements, the City’s latitude to impose such fines,
potential probationary period and potential future violations.
All present voted in favor of the motion , except Council Member King opposed. Motion passed.
2.Planning & Zoning Commission Recommendation
a. Variance Request, Front Yard Setback, 7261 Main Street – Mr. Jeffrey Magdik
Mayor Wilharber stated that the submitted request is for a front yard setback that would encroach 13 feet
into the required 35 feet per City Code. Council Member Love stated that the Planning and Commission
recommended the variance, however, several members concerns and there was a split vote. He also stated
that the next door neighbor does not have an issue but previously proposed to purchase the property from
the County.
Motion by Council Member Love seconded by Council Member Paar to approve the findings and
recommendation of Planning & Zoning Recommendation allowing for a variance associated with
the front yard setback. All in favor. Motion passed unanimously.
b. Lot Split, Acquisition of a Portion of Property from 7230 LaValle Drive to 7242 LaValle
Drive – Ms. Kathy LaValle
Administrator Larson briefly reviewed the findings associated with Planning & Zoning’s recommendation
and stated that moving the property line would not impact future building spaces.
Page 3 of 7
City of Centerville
Council Meeting Minutes
June 12, 2013
Motion by Council Member Fehrenbacher seconded by Council Member Love to approve the
Planning & Zoning Findings and Recommendation for 7230 LaValle Drive to allow the owners to
split a portion of their property and to sell/give to 7242 LaValle Drive. All in favor. Motion passed
unanimously.
st
c. Conditional Use Permit, King Core & Metals, 7095 – 21 Avenue South – Mr. John
Haluptzok/Building Owner Mr. Craig Kozar
Administrator Larson briefly reviewed the findings associated with Planning & Zoning’s
recommendation. Mr. Kozar is leasing a portion of his building to King Core & Metals, a recycling
business. Administrator Larson stated that all materials would be housed inside of the building and no
containers would be outside of the building. Council Member Love stated that the Commission had
concern with the business’ website which pictures recycling of automobile parts, copper, aluminums cans
and other items that could potentially contain harmful liquids/contaminants and how they would be dealt
with by the operator.. Council Member Fehrenbacher questioned provisions for granting the permit and
potential violation repercussions. Attorney Glaser stated that if a violation exists, the business would
need to cease operation and if they failed to do so alternative legal action would be taken. Administrator
Larson stated that Mr. Kozar does not approve of liquids/contaminants on site associated with the
business and that it would be a violation of the business’ lease agreement and that he agreed with the
terms of the Conditional Use Permit.
Motion by Council Member Fehrenbacher seconded by Council Member King to approve Planning
& Zoning Commission Findings and Recommendation and granting the Conditional Use Permit to
st
King Core & Metals, 7095 – 21 Avenue South – Mr. John Haluptzok/Building Owner Mr. Craig
Kozar. All in favor. Motion passed unanimously.
3.Off-Sale Liquor & Tobacco Licensing, JMD Liquors, Inc./DBA Main Street Liquor Barrel,
1875 Main Street – New Owner, Mr. Joseph Dahdah
Administrator Larson stated that all appropriate applications, fees, background checks had been secured
and fees paid associated with this request. Mayor Wilharber asked if the new owners have to pay new
fees. Administrator Larson clarified that the new applicant pays for background check fees and licensing
fees and that it would be at Council’s discretion to issue a refund to the existing owner if they requested
them.
Motion by Council Member Love seconded by Council Member King
to approve an Off-Sale Liquor & Tobacco License to JMD Liquors, Inc. /DBA Main Street Liquor
Barrel, 1875 Main Street – Mr. Joseph Dahdah with the current establishment relinquishing their
licenses. All in favor. Motion passed unanimously.
4.Approval of 2013 Goals
Mayor Wilharber asked if there were any changes that needed to be added or eliminated from the 2013
Goals previously discussed by Council.
Mayor Wilharber stated that there would be a joint work session with the Planning and Zoning
Commission and Parks and Recreation Committee following Council’s June 26 meeting.
Page 4 of 7
City of Centerville
Council Meeting Minutes
June 12, 2013
Motion by Council Member Fehrenbacher seconded by Council Member
Parr to approve the 2013 Goals as presented. All in favor. Motion passed unanimously.
5.Consider Authorizing Appraisals of Surplus Parcels
Administrator Larson stated that per Council’s goals, this item is being placed on the agenda for
consideration. He stated that Council discussed completing appraisals on 6 parcels of property that the
City Council deemed surplus property at their previous work session. Council discussed obtaining a
realtor versus utilizing Mr. Glaser for securing the appraisals, ramifications associate with either choices,
costs involved, potential commissions and objectives of the City.
Motion by Council Member Paar, seconded by Council Member
Fehrenbacher to authorize the City Attorney to secure appraisals on the six parcels.
Discussion ensued regarding whether the appraisals would distinguish a building value and a
property value for those parcels that contained buildings. All in favor. Motion passed
unanimously.
6.Laurie LaMotte Field Restoration Proposal – Goetz Property Maintenance & Landscaping --
$3,647.62
The City Council discussed recent damage to LaMotte Park from a flag-football tournament held on June
1 & 2 by group who was not issued a permit for use of the fields. The City Attorney will begin the
process of holding the sponsors responsible for damages. The Council approved the submitted proposal
from Goetz Landscaping to repair the field at a cost of $3,647.62.
Administrator Larson stated that the group utilized the soccer fields and destroyed a large amount of the
flat surface and sod. Public Works Director contacted Goetz to obtain a proposal for restoration.
Discussion ensued regarding permitted uses, large group usage, policing, fees and signage Council
directed staff to work with the City Attorney regarding Code amendments that minimize/eliminate similar
damage in the future through the permitting process.
Motion by Council Member Fehrenbacher seconded by Council Member Love to accept Goetz
Property Maintenance & Landscaping proposal in the amount of $3,647.62.
Discussion ensued regarding the potential for a portion of the repairs to be completed immediately
(flattening/rolling) and re-establishing turf which could take a longer period of time to complete
due to soils and growth period.
Council Member Fehrenbacher made a friendly amendment to his previous motion to increase the
authorized expenditure to $4,000 in anticipation for costs to be increased due to the length of time
for repairs. All in favor. Motion passed unanimously.
7.Camp-Barron Property, 7121 Centerville Road
Attorney Glaser reported that the property owners are accumulating junk again and that building repairs
have not been completed, per City Code. Attorney Glaser stated that the Public Works Department was
not allowed on the property to re-inspect the property as agreed but from what could be seen while on the
property, pallets and other items have again been placed on the property. Attorney Glaser requested for
Page 5 of 7
City of Centerville
Council Meeting Minutes
June 12, 2013
direction from council and how they desired to proceed. Council voiced their frustration with the matter
and directed Glaser to secure compliance.
Motion by Council Member King, seconded by Council Member Paar to proceed with civil action.
Discussion ensued regarding timeline for compliance, potential for tax forfeiture, property
valuation and estimated hours for Attorney Glaser to proceed. Attorney Glaser stated that his
estimate would be 20 hours over the course of the summer.
All in favor. Motion passed unanimously
IX. ANNOUNCEMENTS/UPDATES
1.Administrator Larson
a.Joint Work Session with Planning & Zoning and Parks and Recreation on June 26, 2013.
Administrator Larson gave Council an update regarding water connection agreements with 27 on project,
15 off project and 4 on Mound Trail. The Center Street project connections equal approximately 75% of
residents hooking into the municipal water system with this project.
Attorney Glaser reported that on Monday, formal arguments were heard before Judge Larson regarding
the litigation with Sheehy Construction and a decision would be forthcoming in approximately 90 days.
Engineer Statz briefed the Council on the status of the 2013 Street Project: He extended his and the
contractor’s appreciation to the residents for being patient with the project due to weather conditions.
Engineer Statz reported that he has received several comments regarding the contractor’s eagerness to
assist residents in carrying groceries, ensuring trash receptacle placement and pickup and even assisting in
removal of stuck vehicles.. The contractor anticipates that within a week or week and a half, gravel will
be placed on Center Street, Ivy and Sumac Courts. Engineer Statz also reported that curb stops have been
installed within this project, however, no connections have been made to date. Engineer Statz stated that
the contractor will soon be replacing curbs that are either in very poor condition or causing drainage
problems along Peterson Trail, Houle Circle and Fox Run. Engineer Statz again stated that he, staff and
the contractor meet weekly on Thursdays to discuss progress and potential issues if any resident or
Council Member desired to participate.
Council Member Paar stated that if individuals are interested in registering for the parade, they can via the
City’s web site.
Mayor Wilharber reminded residents that this weekend is the Garage Sale Days and Clean Up Days. He
stated that there were about 45 garage sales registered and that the Clean-up would be at Laurie LaMotte
Memorial Park on Saturday from 8am to 4pm.
Mayor Wilharber stated that he attended the graduation of firefighters through the Anoka County Fire
Academy. The class had 25 individuals of which three will be based out of Fire Station 3 here in
Centerville. The Mayor thanked them for their service and for going through the training. Mayor
Wilharber noted that a Planning & Zoning Commissioner Member, Matt Montain, was a recent graduate
of the Academy. Mayor Wilharber thanked all of the individuals for their dedication and also thanked
Chief Streich.
Page 6 of 7
City of Centerville
Council Meeting Minutes
June 12, 2013
Administrator Larson commended Chief Streich for his efforts to bringing the Academy together and
grants assisting in the financial aspect of the Academy.
Council convened to a work session at 8:35 pm.
X. ADJOURNMENT
The motion made by Council Member Love, seconded by Council Member Paar to adjourn the
regularly scheduled meeting of June 12, 2013 at 8:35 p.m. All in favor. Motion passed
unanimously.
Transcribed by City Staff Kris Sweeney, Account Clerk II
Page 7 of 7