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HomeMy WebLinkAbout2013-08-28 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING August 28, 2013 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of August 28, 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 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 Mayor Wilharber added Centerville Claims (Check #28193-28198) for consideration this evening. Add Centennial Youth Football/Kelly’s Korner Request for Temp. Liquor-Noise Permit. A correction was made to the agenda: New Business, Item #1. Res. #13-0XX – Approving Joint Powers Agreement with Lino Lakes rather than Anoka County for st construction of 21 Avenue. Council Member King requested that Consent Agenda Item #4. Pay Estimate #3, Northdale Construction ~ 2013 Street Improvement Project be pulled for further discussion. Motion by Council Member Fehrenbacher, seconded by Council Member Love to approve the Set Agenda as presented with the above stated amendment. All in favor. Motion passed unanimously. IV. APPROVAL OF MINUTES City of Centerville Council Meeting Minutes August 28, 2013 1.August 14, 2013 City Council Meeting Minutes The Mayor provided Council Members with an opportunity to amend the presented minutes. Motion by Council Member King, seconded by Council Member Paar to approve the minutes of the August 14, 2013 City Council Meeting Minutes as presented. All in favor. Motion passed unanimously. 2.August 14, 2013 City Council Work Session Meeting Minutes The Mayor provided Council Members with an opportunity to amend the presented minutes. Motion by Council Member Paar, seconded by Council Member Love to approve the minutes of the August 14, 2013 City Council Work Session Meeting Minutes as presented. All in favor. Motion passed unanimously. V. CONSENT AGENDA 1. City of Centerville August 15, 2013 through August 28, 2013 Claims (Check #28170-28192) w/Voided Check #27762 & 27954 & (Check #28193-28198) 2. Centennial Fire District Claims through August 16, 2013 (Check #5932-5966) 3. Centennial Police Department Claims through August 16, 2013 (Check #9575- 9591) 4. Pay Estimate #3, Northdale Construction ~ 2013 Street Improvement Project Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve the Consent Agenda Items 1-3. All in favor. Motion passed unanimously. Council Member King desired clarification regarding a change order that was noted on the Request for Payment. Engineer Statz reported that this was a previous change order for additional class V (5) that was installed on Center Street during wet conditions and the City has already satisfied that claim. Motion by Council Member Paar, seconded by Council Member King to approve the Consent Agenda Item 4. All in favor. Motion passed unanimously. VI. AWARDS/PRESENTATIONS/APPEARANCES 1.Centennial Youth Football Association, Sponsorship Director, Mr. Jason Pietraszewski; Kelly’s Korner, Owner, Ms. Vicky Byrne and Jeff Schultz Mr. Pietraszewski introduced himself to Council and stated that the Centennial Youth Football Association is organized under a 501.C3 (Non-Profit), that it is in the first year Page 2 of 7 City of Centerville Council Meeting Minutes August 28, 2013 of operation and desired to sponsor an event that would allow for fund raising to pay for scholarships, equipment, jerseys and general operation of the league. Mr. Petraszewski stated that Kelly’s Korner has agreed to sponsor an event scheduled for September 7, 2013 that will host a band and deal burger baskets. Ms. Byrne stated that to date, pre-sale tickets have exceeding Kelly’s Korner’s occupancy capacity and they are requesting that participants of the event be allowed to congregate and consume alcohol in their volleyball area where the band is arranged to play. Ms. Byrne stated that there are two (2) gates that allow access/disbursement in the volleyball area and they will be manned with security people provided by the staff of Kelly’s. Ms. Byrne also stated that the band would be playing from 8:30 p.m. to midnight and no later which would be a violation of City Code without a Special Event Noise Permit which they are also requesting. Ms. Byrne reported that the speakers for the band would be pointed to the establishment at all times during the event. Ms. Byrne also reported that arrangements are being made for overflow parking with the School District for use of the parking area at Centerville Elementary. Ms. Byrne stated that security staff will be counting those entering the establishment ensuring the occupancy requirements are met and wrist-banding individuals that are of drinking age. Council questioned the age ranges of those that have registered for the 2013/2014 season. Mr. Petraszewski stated that the majority of registrations have been second and third graders; however, there organization’s age ranges are from kindergarten to eighth grade. Lengthy discussion was had by Council and Legal Counsel regarding attendance levels, noise and temporary liquor license permitting requirements. Motion by Council Member Paar, seconded by Council Member Love to approve a Special Event Permit ~ Noise and Temporary Liquor License Extending the Footprint of the Already Licensed Kelly’s Korner to Include the Volleyball Court for September 7, 2013 from 7:00 p.m. to 12:00 p.m. (Midnight) to Kelly’s Korner with the Centennial Youth Football Association as Sponsors. Discussion was had regarding the time that the band would finish, insurance requirements, waiving of background check, and staff being provided the latitude to work with staff from Kelly’s Korner and Mr. Petraszewski for the event. 2.Sergeant Pat Aldrich, Centennial Lakes Police Department Sergeant Aldrich gave a recap of the Departments programs, projects and incidents that have occurred since his previous reporting. He stated that only one major incident had taken place that was a medical issue however, numerous rumors transpired while the Department was attempting to curtail them by speaking with the local papers, facebook postings and incident area door to door notifications. Council requested that in the future, similar incidents should be also reported to the Mayor and/or the Acting Mayor so they also have an opportunity to curtail rumors if they receive telephone calls. Sergeant Aldrich reported that the Department has been busy with road construction, parades and Page 3 of 7 City of Centerville Council Meeting Minutes August 28, 2013 festivals, commercial vehicle saturations, Problem Oriented Policing (POP), Officer Bragelman’s funeral, St. Genevieve’s annual picnic, Safety Camp and Special Olympic events. Sergeant Aldrich stated that both the Fire and Police Departments are exchanging training by offering emergency medical and use of force training for respective departments and that this training has proven to be successful. Sergeant Aldrich reported on numerous programs that officers have been participating in and entered competitions for possible awards or grants (squad car design, youth and vandalism and officer mentoring). Council Member Paar thanked the Department for all of their efforts provided for the Fete des Lacs celebration from planning to the event. Council Member Love expressed his appreciation for the Department’s quarterly reports. VII. OLD BUSINESS 1. Consider Three Year Audit Proposal from Abdo, Eick & Meyers, LLP (Three (3) Year Term) ***TABLED FROM PREVIOUS MEETING*** Administrator Larson stated that Abdo, Eick & Meyers, LLP has been completing the City’s audit for approximately 10 to 12 years and are familiar with staff, accounting and retention software, processes and procedures of the City. Administrator Larson stated that he completed a local survey of two similarly sized communities, Columbus and Circle Pines, and barring debt and utilities differences he felt that they were very competitive and comparable. Council Members Love and Fehrenbacher had concerns for hiring an alternative firm due to their unfamiliarity with the City, it procedures, staff and costs. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve the three (3) Year Audit Proposal from Abdo, Eick & Meyers, LLP as presented. All in favor. Motion passed unanimously. VIII. NEW BUSINESS 1. Res. #13-016 – Approving Joint Powers Agreement with Lino Lakes – st Construction of 21 Avenue (North of Main Street) Administrator Larson stated that the project is needed for the construction of the Metro Transit parking lot, one special assessment agreement with a private Lino Lakes landowner has been obtained by Lino Lakes and the City has been working with a private Centerville landowner to also obtain a special assessment agreement. Administrator Larson stated that the Centerville agreement is contingent upon the property currently has the status of “Green Acres” with Anoka County for special assessments. Administrator Larson explained that “Green Acres” status allows the property owner’s special assessments to be deferred until such time as agricultural activities on the property cease. Administrator Larson reported that he felt that the property owner would be signing the documents shortly and the Joint Powers Agreement would not go into effect until such Page 4 of 7 City of Centerville Council Meeting Minutes August 28, 2013 time as both private property owners have signed assessment agreements and waived their rights to appeals regarding these assessments. Council had concerns regarding City expenditures associated with this project. Administrator Larson stated that there may be minimal funding needed, however, the majority will be specially assessed to the private property owner. Motion by Council Member Paar, seconded by Council Member Fehrenbacher to approve Res. #13-016 – Approving Joint Powers Agreement with Anoka County – st Construction of 21 Avenue (North of Main Street) as presented. All in favor. Motion passed unanimously. 2. Res. #13-017 – Authorizing Feasibility Study ~ Royal Meadows Improvements Administrator Larson stated as Council may remember that the City previously submitted and received a grant in the amount of $286,000 for installation of municipal water services in the Royal Meadows Development which encompasses Cardinal Drive, North, South, and West Robin Lanes. Administrator Larson stated that the next step in the process of determining whether to provide these services and to what extent, where to install improvements, inclusion of street and curb reconstruction, drainage, etc. Motion by Council Member Paar, seconded by Council Member Love, to approve Res. #13-017 – Authorizing Feasibility Study ~ Royal Meadows Improvements. All in favor. Motion passed unanimously. 3. Consider Purchase of Easements ~ Hogan (6892 Centerville Road) and Schwartz (6882 Centerville Road) Properties to maintain ditch Administrator Larson stated that as Council is aware, due to a contractor error in the area of these two (2) individual’s property trees were removed and drainage work was halted. Administrator Larson stated that it would behoove the City to ascertain easements that would allow for entry to the ditch from the proposed easement area due to costs involved with utilizing the easement areas on the other side of the ditch. Administrator Larson reported that he is proposing $2,200 to secure each easement. Lengthy discussion was had regarding proper cleaning times, fees involved with lawsuit, costs of securing easements, fees associated with completing the work from the opposing side of the ditch, ditch laws, downstream drainage, authority and responsibility of ditch maintenance. Motion by Council Member Paar, seconded by Council Member King to approve securing easements with property owners of 6892 & 6882 Centerville Road. Council Member Paar questioned whether the project would be finished this year if the motion passed. Administrator Larson concurred. Lengthy discussion ensued regarding Page 5 of 7 City of Centerville Council Meeting Minutes August 28, 2013 incurred costs to date and Council Member Fehrenbacher desired to delay action on this item. Council Member Fehrenbacher opposed. Motion passed. 4. Planning & Zoning Commission Findings & Decision Related to Code Amendment – Chapter 156, Sections 156.006 & 156.111 ~ Fences & Privacy Screening Administrator Larson reported that the Commission recommended approving the presented amendment due to a request of a resident. Council Member Love, Planning & Zoning Commission Liaison, stated that no members of the public were present for the public hearing and Administrator Larson stated that no written or verbal comments were received prior to the meeting. Mayor Wilharber had concern regarding the increase in height requirement to seven and one-half feet for the privacy screening and the potential for accumulation of debris/clutter. Administrator Larson stated that specific requirements exist such as the total area enclosed by the special privacy screening could not exceed an area equal to one half of the area of the first floor of the dwelling and the total lineal footage of the screening could not exceed an amount equal to the distance across the lot at the front setback of the dwelling. Administrator Larson also stated that this is only for screening purposes. Motion made by Council Member King, seconded by Council Member Love to approve the Planning & Zoning Commission’s Findings & Decision Related to Code Amendment – Chapter 156, Sections 156.006 & 156.111 ~ Fences & Privacy Screening as presented. Mayor Wilharber opposed. Motion carried. Mayor Wilharber stated that there would be a meeting with representatives from Anoka County, the City Engineer and staff shortly and information would be provided to them regarding projected costs associated with the reconstruction of Centerville Road. Administrator Larson stated that once the design for storm sewer, trail/sidewalk and other amenities had been decided a Joint Powers Agreement would be drafted. It was reported that a public hearing was scheduled for September 24, 2013 from 4:00 p.m. – 7:00 p.m. at St. Genevieve’s Community Parish for obtaining resident input. IX. ANNOUNCEMENTS/UPDATES a. Budget 2014 Draft Administrator Larson reported that the draft that was contained in the packet was the same as what has previously been discussed at Council work sessions and that the levy would remain the same as last year. Administrator Larson stated that a resolution would be placed before Council at their next meeting for consideration of adopting the preliminary budget and levy with a subsequent December 11 meeting being scheduled to adopt the budget and levy for 2014. Page 6 of 7 City of Centerville Council Meeting Minutes August 28, 2013 b. 2006a Bonds Cash Flow/Levy Administrator Larson stated that Council needed to consider this issue due to the financing of the Backage Road/Commerce Drive project, future bond payments, economic downturn, land costs, cost savings of potentially contracting duties and responsibilities of a Finance Director, selling of City surplus property and how it all effects the levy amount. Administrator Larson stated that Council will be considering this item with next year’s budget and levy process but this year’s payments could be subsidized by the savings received from the vacant Finance Director’s position and the sale of the Peltier Lake lot would subsidize payments for 2015. Administrator Larson stated that staff would provide a resolution for consideration at their month’s meeting. Council Member King reported that the Parks & Recreation Committee would be meeting the first week in September along with the North Metro Telecommunication Commission. Council Member King also stated that the volleyball court is slated for completion shortly. Mayor Wilharber questioned the status of the Jimmy Johns. Administrator Larson reported that Public Works staff had cleaned several of the facilities and that Jimmy Johns’ staff installed service tickets on the insides of the units. Council Member Paar thanked individuals that attended the Church of St. Genevieve’s annual picnic and stated that he felt it was a very successful event. Mayor Wilharber reported that they provided meals to slightly over 1,400 participants. X. ADJOURNMENT Motion was made by Council Member Love, seconded by Council Member Paar to adjourn the August 28, 2013 regularly scheduled meeting at 8:07 p.m. All in favor. Motion carried unanimously. Transcribed by City Staff Member Teresa Bender, City Clerk Page 7 of 7