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Home My WebLink About2014-07-09 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING July 9, 2014 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of July 9, 2014 at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Jeff Paar Council Member Ben Fehrenbacher Council Member D. Love Council Member King 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. PLEDGE OF ALLEGIANCE III. PUBLIC INFORMATION/Public Comment Invited 1. SWPPP/MS4 Mayor Wilharber opened the meeting for Public Information/Public Comment ~ SWPPP/MS4 at 6:33 p.m. Administrator Larson stated that the City is required to hold an annual public meeting offering residents the opportunity to comment on the City’s Storm water Pollution Prevention Plan/Municipal Separate Storm Sewer Systems (MS4) Plans. Administrator Larson also stated that there are several components to the program, including: Public Education and Outreach; Public Participation/Involvement; Illicit Discharge Detection & Elimination and Construction Site Stormwater Runoff. Administrator Larson reported that the City has approximately 100 ponds with 24 of them being inspected and not showing signs of diminished capacity due to sedimentation or need for unscheduled maintenance. Administrator Larson stated that the City is required to update our guidelines and regulations regarding the existing program so information will be forwarded to Council shortly to complete the requirements by the deadline date of October 1, 2014. City of Centerville Council Meeting Minutes July 9, 2014 Council questioned the responsibilities of the City versus the Rice Creek Watershed District and potential for collaboration rather than double enforcement/regulation/inspection. Administrator Larson stated that private property owners along with the City are responsible for monitoring their ponds and ensuring that they are operating properly. 2. Request by Stan & Stephanie Hasiak for Hearing to Appeal the Designation of Their Dog as Potentially Dangerous ~ Owners Requested Postponement Until July 23, 2014 Meeting Mayor Wilharber requested that the Police Chief, Community Service Officer and party(ies) involved be present. Administrator Larson stated that the Hasiak’s own two (2) dogs with one already being designated as Potentially Dangerous. 3. Hearing to Consider Revocation of 2014 Licenses to Mountain Enterprises, DBA: Trio Inn “License to Sell Liquor Off-Sale” and “License to Sell Liquor On-Sale” ~ Owner Will Relinquish if Receive Pro-Rated Refund Legal Counsel Glaser stated that Council needed to consider either revoking the Trio Inn/Mountain Enterprises’ licenses to sell liquor or agree to give Mr. Montain a pro-rated refund of licensing fees for 2014 if he were to surrender his licenses as he has agreed. Legal Counsel Glaser stated that a release would need to be signed and licenses surrendered prior to a refund being issued. Legal Counsel Glaser stated that the City does have grounds to revoke the licenses due to outstanding tax debt, operating premises on licenses is owned by someone other than Mountain Enterprises/Trio Inn and is not being renting to them. V. APPROVAL OF AGENDA Mayor Wilharber added Centerville Claims (Check #28794-28800), Approval of Minutes, Item #2, June 25, 2014 City Council Work Session Meeting Minutes and Consent Agenda, Item #3, Robert LeMay, 1739 Partridge Place: Request for Special Event Permit, Wedding Reception ~ July 19, 2014 (Subject to Police Conditions: I.D. Alcohol Serving, Neighbor Notification & Public Safety Vehicle Access to Neighboring Residences) and New Business, Item #6., Application for On-Sale Intoxicating & Sunday Liquor Licenses ~ Southern Rail, 7082 Centerville Road. Motion by Council Member Love, seconded by Council Member King to Approve the Agenda as presented. All in favor. Motion passed. IV. PUBLIC HEARING 1. None. V. APPROVAL OF MINUTES 1. June 25, 2014 City Council Meeting Minutes The Mayor provided Council Members with an opportunity to amend the presented minutes. Page 2 of 7 City of Centerville Council Meeting Minutes July 9, 2014 Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve the minutes of the June 25, 2014 City Council Meeting as presented. All in favor. Motion passed. 2. June 25, 2014 City Council Work Session Meeting Minutes The Mayor provided Council Members with an opportunity to amend the presented minutes. Motion by Council Member Love, seconded by Council Member Fehrenbacher to approve the Work Session Meeting Minutes of the June 25, 2014 City Council as presented. All in favor. Motion passed. VI. CONSENT AGENDA 1. City of Centerville June 26, 2014 through July 9, 2014 Claims (Check #28775-28793) & (Check #28794-28800) 2. Centennial Police Department Claims through June 12, 2014 (Check #9963-9984) 3. Robert LeMay, 1739 Partridge Place: Request for Special Event Permit, Wedding Reception ~ July 19, 2014 (Subject to Police Conditions: I.D. Alcohol Serving, Neighbor Notification & Public Safety Vehicle Access to Neighboring Residences) Mayor Wilharber provided Council Members with an opportunity to remove any item that they desired additional information on. Council Member Love requested that Item #3 be removed from the Consent Agenda for further discussion. Motion by Council Member Love, seconded by Council Member King to approve the Consent Agenda Items 1-2 as presented. All in favor. Motion passed. With regard to Consent Agenda Item #3, Council Member Love had concern for one of the police conditions: “ensuring public safety vehicle access to neighboring residences.” An issue was that two (2) gravel driveways within the same cul de sac as the event taking place and ease of event participants considering these to be abandon roadways rather than driveways. Council Member King questioned responsibility of notification of neighbors and Administrator Larson stated that in the past the host of the event is responsible. Discussion ensued regarding a police presence and their notification of the permit. Motion by Council Member Love, seconded by Council Member Fehrenbacher to approve Consent Agenda Item 3 as presented. All in favor. Motion passed. VII. OLD BUSINESS 1. None. Page 3 of 7 City of Centerville Council Meeting Minutes July 9, 2014 VIII. NEW BUSINESS 1. Approval of the SWPPP/MS4 Report Previously discussed. Motion by Council Member Paar, seconded by Council Member Fehrenbacher to approve the submitted SWPPP/MS4 Report as presented. Council Member King abstained. Motion passed. 2. Consider Draft Resolution Approving the Findings and Decision of Animal Control Officer Designation Dog as Potentially Dangerous – Tabled Due to Mr. & Mrs. Hasiak’s request for postponement consensus of Council was to table this item until July 23, 2014. Motion by Council Member Fehrenbacher, seconded by Council Member King to table this item until the July 23, 2014 City Council Meeting. All in favor. Motion passed. 3. Approve Policy Regarding Sign Retroreflectivity Administrator Larson stated that having a policy in place is a requirement of the Federal Highway Administration. The City currently does not have a written policy for replacement. Administrator Larson stated that the policy may be amended in the future. Administrator Larson stated that the Public Works Director anticipates replacing 20 stop signs at the beginning of the implementation at a cost of approximately $50 per sign (sign only). Engineer Statz stated that all stop signs would need to meet the minimum requirements of the policy by 2015 and other signs by 2018. Discussion ensued regarding costs, street sign replacement and selling of old stock, determination of signs’ life span and determining essential signage. Administrator Larson stated that the Public Works Director has been responsible in the past for maintaining signs and that will continue. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve the Sign Retroreflectivity Policy as presented. All in favor. Motion passed. 4. Consider Proposals for Replacement of Downtown Concrete Intersections with Asphalt Engineer Statz reported that he had forwarded quote packages to seven (7) bidders and received none back. Engineer Statz stated that he felt that the job was messy and firms are busy at the present time. Both Engineer Statz and Administrator Larson felt that an attempt should be made to negotiate a change order with the current contractor slated for the 2014 Mill & Overlay Project. Council questioned Engineer Statz regarding the estimate cost of the project. Engineer Page 4 of 7 City of Centerville Council Meeting Minutes July 9, 2014 Statz stated $80,000. Staff would report back to Council regarding the contractor’s interest in doing the work. 5. Consider Action to Revoke Licenses to Mountain Enterprises, DBA: Trio Inn Attorney Glaser stated either the City could revoke the currently issued license or accept a volunteer surrendering and give a pro-rated refund. Attorney Glaser stated that a release would need to be signed by Mr. Montain or a responsible appointed person on his behalf, prior to providing them with a refund check. Attorney Glaser stated that if the City attempts to revoke the licenses Mr. Montain would have an opportunity to challenge the City’s action in court. Attorney Glaser stated that the new owners of the building have submitted for an on-sale intoxicating and Sunday liquor license and are being prevented from issuance due to the fact that State Statute requires that only one license can be issued to the same address at the same time. Lengthy discussion ensued regarding the City’s past willingness to work with Mr. Montain regarding his licensing conditions and requirements, the City’s willingness to be business friendly, Southern Rail’s desire to operate without delay. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to provide Mr. Paul Montain, Mountain Enterprises with an opportunity to surrender their existing On-Sale Intoxicating, Off-Sale, Sunday and 3.2 Liquor Licenses by July 18, 2014 otherwise it is revoked effective the same date further, Mr. Montain will be provided with an opportunity to sign a release by July 31, 2014, to secure a five month pro-rated refund for the licenses fees paid for 2014, after which no refund would be granted. All in favor. Motion passed. 6. Application for On-Sale Intoxicating & Sunday Liquor Licenses ~ Southern Rail, 7082 Centerville Road Attorney Glaser stated that JV Summit Corporation dba Southern Rail, 7082 Centerville Road has submitted applications for the above stated licenses, submitted appropriate fees and the Centennial Lakes Police Department has completed a successful background check and are being delayed from operating their new business due to Mr. Montain’s existing licenses for that location. Administrator Larson stated that he believed that the applicants were completing renovations to the building and that an effective date for their licensing should be August 1 unless Mr. Montain surrenders his licenses earlier. Discussion ensued regarding the applicants knowledge of the City and State’s inability to issue licenses to the same address at the same time and their willingness to accept the license knowing that if Mr. Montain challenges the City’s action they may have to suspend their licenses for a short timeframe. Staff stated that they would be contacted. Motion by Council Member Paar, seconded by Council Member Fehrenbacher to grant the On-Sale Intoxicating & Sunday Liquor License request by JV Summit Corporation dba Southern Rail, 7082 Centerville Road effective August 1,2014 or earlier (July 19, 2014 with Page 5 of 7 City of Centerville Council Meeting Minutes July 9, 2014 Minnesota Department of Public Safety Approval) subject to receipt of signed release and surrendering of the existing licenses by Mountain Enterprises dba Trio Inn. All in favor. Motion passed. X. ANNOUNCEMENTS/UPDATES 1. Administrator Larson – None. Administrator Larson stated that there would be a Joint meeting with Centerville and Circle Pines City Councils on Wednesday, July 16, 2014 at 6:30 p.m. to discuss with Centennial Fire District firefighters the status and ramifications of the City of Lino Lakes’ withdrawal from the District. Administrator Larson also stated that the meeting would be taking place at the Circle Pines City Council Chambers. Mayor Wilharber reported that he had received a complaint regarding a recent Commercial Vehicle Inspection that took place in the parking lot of Centerville Elementary and the questioning of permission to conduct such activities by the School District. Mayor Wilharber read a letter received from the Centennial Lakes Police Department stating that they completed a total of 20 inspections which resulted in 54 warnings and 5 citations. The citations were issued for unsecure packages and materials, drivers licenses not in possession, medical cards not available, seatbelts and faulty or no emergency brakes. A total of 11 vehicles were taken out of service along with one driver. Administrator Larson stated that this is an annual activity that the City has participated in along with the school’s use of their parking lot. Attorney Glaser stated that the Centennial Lakes Police Department has one officer trained in such inspection and such activity is performed within all three cities of service. Mayor Wilharber also reported that he, representatives from the Department of Natural Resources, State Representatives, Washington County Watershed, Rice Creek Watershed and County Commissioners had all attended a meeting in the City of Hugo regarding the Bald Eagle Lake Dam. Mayor Wilharber reported that the costs for repair are estimated at $600,000 and the City of Hugo has received a commitment for $250,000 from MNDot. Mayor Wilharber stated that the Centennial Lakes Police Commission meeting would be taking place on Monday, July 14, 2014 and the Fire Steering Committee would be meeting the following day. Mayor Wilharber also stated that there would be a Local Government Officials meeting held on July 30, 2014 at Chomonix Golf Course. Council Member Fehrenbacher questioned Council on whether they desired to look into various ways of encouraging development through tax abatement programs or other avenues. Council consensus was to consider possible options. Council Member Fehrenbacher also suggested consideration of leasing property to a private entity or private property owner leasing to the City use of lakeshore to provide rental slips for boats similar to programs in other communities such as Forest Lake. Council Member Fehrenbacher requested that such idea be brought before the Parks & Recreation Committee for potential revenue and use of Hidden Spring Park lakeshore. Page 6 of 7 City of Centerville Council Meeting Minutes July 9, 2014 Council Member Paar reminded residents of the Music in the Park program, on-line registrations for the parade, kids fun run and 5k/8k walk/run and events that would be taking place during the Fete des Lacs City Celebration on July 25, 26 & 27, 2014. Engineer Statz stated that advertisements for the Centerville Road project would be placed in construction bulletins on Friday and in a month or so bids would be received. Engineer Statz stated that within a contract that is awarded, the contractor would be given an option when and where to begin construction. Engineer Statz also stated that municipal services have been included in the bid requests. XI. ADJOURNMENT Motion by Council Member Fehrenbacher, seconded by Council Member Paar to Adjourn the regularly scheduled 7:48 p.m. Council meeting of July 9, 2014 as presented. All in favor. Motion passed. Transcribed by City Staff Member Teresa Bender, City Clerk Page 7 of 7