HomeMy WebLinkAbout2014-10-22 CC Minutes - Approved
CITY OF CENTERVILLE
CITY COUNCIL MEETING
October 22, 2014
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting of October 22, 2014 at City Hall, 1880 Main Street.
PRESENT:
Mayor Tom Wilharber
Council Member D. Love
Council Member Jeff Paar (Arrived at 6:35 p.m.)
Council Member Steve King
Council Member Ben Fehrenbacher
ABSENT:
None.
STAFF:
City Administrator Dallas Larson
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. AWARDS/PRESENTATIONS/APPEARANCES
1. Ms. Pat CampBaron, 7121 Centerville Road – Request for Exemption from
Interest/Penalties Associated w/Nuisance Abatement Special Assessment ~ (2013)
Ms. Pat CampBaron stated that her and her husband gave a cashier’s check in the full amount
due to their attorney over a year ago and they do not believe that they should have to pay
penalties and interest on the amount due.
Attorney Glaser stated that when that cashier’s check was given to the CampBaron’s attorney
they placed stipulations on releasing that payment such as the City had no further ability to return
to the property to ensure that it remained clean, etc. Attorney also stated that there is no lawful
mechanism to relieve the penalties and interest once the assessment is placed on the property
unless the City admits that it made an error or to relieve the County’s penalties and interest place
on the unpaid balances. Attorney Glaser stated that the CampBarons have done a fabulous job
cleaning and keeping clean the property other than the removal of a motor vehicle.
IV. PUBLIC HEARING
1. None.
City of Centerville
Council Meeting Minutes
October 22, 2014
V. APPROVAL OF AGENDA
Mayor Wilharber added Centerville Claims (Check #28963-28965); Items #6, 7 and 8. Under
New Business, Amendment to Administrator Larson’s Phased Retirement Agreement, Consider
Modification to Purchase Agreement for 1695 Main Street Parcels and Scheduling of the second
regular meetings in November and December due to the holidays.
Motion by Council Member Fehrenbacher, seconded by Love to approve the Agenda as
presented with the additions as stated and presented. All in favor. Motion passed.
VI. APPROVAL OF MINUTES
1. October 8, 2014 City Council Meeting Minutes
The Mayor provided Council Members with an opportunity to amend the presented minutes.
Council Member King requested that the word “cautiously be added prior to the word
“comfortable” on page 3, last sentence.
Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve
the minutes of the October 8, 2014 City Council Meeting with the noted revision. All in
favor. Motion passed.
VII. CONSENT AGENDA
1. City of Centerville October 8, 2014 through October 22, 2014 Claims (Check #29014-
29030) w/Voided Ck #28994 & (Check #29031-29045) w/Voided Check #29044
2. Centennial Police Department Claims through October 9, 2014 (Check #10080-10100)
3. Centennial Fire District Claims through October 9, 2014 (Check #6574-6592)
4. S & B Center Corp., DBA Kelly’s Korner, Request for 2 A.M. Liquor License
5. Encroachment Agreement, 6835 Beaver Pond Way – Fence in Drainage/Utility Easement
6. C & L Excavating, Inc. Pay Request #2 – Royal Meadows Improvement Project – Labor
($169,938.30)
Mayor Wilharber pulled Item #5 for further discussion.
Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve
the Consent Agenda Items 1-4 and 6 as presented. All in favor. Motion passed.
Mayor Wilharber questioned whether the encroachment will interfere with ditch cleaning
associated with the Centerville Road reconstruction project. Administrator Larson stated that he
relies on the Public Works Department when they verify that no harm will be caused to the City
and issue the permit.
Motion by Council Member King, seconded by Council Member Paar to approve Consent
Agenda Items #5 as presented. All in favor. Motion passed.
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VIII. OLD BUSINESS
1. None.
IX. NEW BUSINESS
1. Ms. Pat CampBaron, 7121 Centerville Road – Request for Exemption from
Interest/Penalties ($2,294.83) Associated w/Nuisance Abatement Special Assessment ~
(Payable 2013)
Council Member Love stated that the certified check being in a folder of their attorney does not
benefit the City and if the CampBaron’s desired to end the dispute with the City he should have
submitted to the courts the check in a timely manner.
Lengthy discussion was had regarding stipulations that the CampBaron’s placed on their attorney
for pre-payment of the costs associated with the abatement, items that remained to be completed
(roofing of the home, etc.), items that had been completed, 429 process, period of time that there
has been none payment of the assessment along with associated penalties and interest due, not a
City error in assessment, penalties and interest due on a daily basis due to lack of payment with
the County and if Council desired not to take action on the item the certification on an annual
basis would continue until such time as the assessment runs its course.
Administrator Larson showed Ms. CampBaron the payoff amount with the City if they desired
not to have it again placed on their taxes and stated that any amount outstanding with the County
is their responsibility. Administrator Larson stated that the deadline for payment was November
15, 2014 if they desired to pay in full.
2. Res. #14-031 – Assigning Duties as they Relate to Handling Banking Transactions for
the City of Centerville
Council felt that Administrator Larson’s name be removed from Item #4.
Motion by Council Member Fehrebacher, seconded by Council Member Love to approve
Res. #14-031 – Assigning Duties as they Relate to Handling Banking Transactions for the
City of Centerville with the above amendment. All in favor. Motion passed.
3. Res. #14-032 - Re-Assigning Duties as they Relate to the Administration for the City of
Centerville’s Mastercard Purchase Card Program
Mayor Wilharber briefly reviewed the resolution with Council.
Motion by Council Member Paar, seconded by Council Member Fehrenbacher to Approve
Res. #14-32 – Re-Assigning Duties as they Relate to the Administration for the City of
Centerville’s Mastercard Purchase Card Program as presented and forward a copy of the
Approved Council Meeting Minutes. All in favor. Motion passed.
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Council Meeting Minutes
October 22, 2014
4. Request from Mr. & Mrs. Robert Chiodin for Additional Street Light – (Old Mill Road)
7383 Old Mill Road
Administrator Larson stated that the City has had similar requests in the past. Mayor Wilharber
also stated that there are areas in the City that appear to be dark due to areas being undeveloped
similar to this location and that generally street lighting requirements are placed on the developer
through a developer agreement and this area will receive additional lighting when two (2)
neighboring 10 acre parcels develop. Council Member Fehrenbacher questioned the installation
of lighting, the cost of maintaining and monthly electrical costs. Administrator Larson stated
that it would cost roughly $13 - $15 per month for operation and that includes installation.
Council discussed the need for surveying the community for dark/unlit areas where lights may be
needed for public safety (LaMotte Drive, Old Mill Road, etc.), costs of new lighting and budget
constraints.
Council Member Fehrenbacher requested that Staff assess dark/unlit areas along sidewalks,
pathways, long stretches to ascertain the length of the areas that would benefit from lighting and
forward the information back to Council for further consideration and a policy.
Motion by Council Member King, seconded by Council Member Fehrenbacher to Direct
Staff to assess dark/unlit areas within the City where lighting would benefit the safety and
wellbeing of the community (long stretches of darkness), measurements and
sidewalk/pathways and prioritize the areas.
Discussion ensued regarding the amount of time that would be consumed to fulfill the request
and concern for measuring the areas. Consensus of Council was that it was needed to obtain an
assessment of the areas but it would only be areas that appeared to be insufficiently lit/long
stretches of darkness.
All in favor. Motion passed.
5. Res. #14-033 – Appointing Two (2) Additional Election Judges for the Upcoming
General Election (November 4, 2014)
Motion by Council Member King, seconded by Council Member Fehrenbacher to approve
Res. #14-033 – Appointing Two (2) Additional Election Judges for the Upcoming General
Election (November 4, 2014) as presented. All in favor. Motion passed.
6. Amendment to Phased Retirement Agreement
Administrator Larson stated that with the slight delay of the new City Administrator’s start date
he has incurred additional hours and as to not present a problem with the auditors an amendment
from
would be appropriate. Administrator Larson stated that language in #2 had been modified
“These converted hours may be accrued over and above the year-end maximum PTO carryover”
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to “PTO maximum is waived up to 370 hours” and from “hours do not exceed 80 hours in a one
month” to “hours do not exceed 120 hours in a one month”.
Motion by Council Member Paar, seconded by Council Member Love to approve the
Amendment to Phased Retirement Agreement as presented. All in favor. Motion passed.
7. Consider Modification to Purchase Agreement for 1695 Main Street Parcels
Mr. Lou Suski stated that the buyer would like to extend the date for closure from October 21,
2014 to December 22, 2014 to provide the Rice Creek Water Shed District with information and
receive all proper permits. Administrator Larson stated that he recently spoke with the pending
owner’s architect, the need for submittal of a Planned Unit Development and believes that they
legitimately desire to build.
Motion by Council Member Fehrenbacher, seconded by Council Member Love to modify
the purchase agreement by extending the closing date to December 22, 2014 . All in favor.
Motion passed.
8. November 26 and December 24, 2014 Regularly Scheduled Council Meetings
Discussion ensued regarding potential for the rescheduling of the above stated meetings.
Administrator Larson stated that in previous years, Council cancelled these meeting with the
option for the Mayor to call a meeting if the need arose.
Motion by Council Member Fehrenbacher, seconded by Council Member Paar to cancel
the November 26 and December 24, 2014 Regularly Scheduled Council Meetings and if
Deemed Necessary the Mayor Would Call for Meetings with Proper Notice. All in favor.
Motion passed.
X. ANNOUNCEMENTS/UPDATE
1.Administrator Larson stated that he has been in contact with the City of Lino Lakes and
they have stated that they desire to pave Cedar Street and are looking for the City of
Centerville to cost share the project. Administrator Larson stated that the City of Lino
Lakes anticipated the cost to be approximately $10,000 and would be forwarding a Joint
Powers Agreement for the project shortly.
2.Administrator Larson stated the City has received the first of two (2) trucks that the City
purchased and that he will be listed both the 1 Ton GMC ($18,500) and the 2008 Ford
F150 ($17,500) on Craig’s List. Administrator Larson requested Council permission to
accept purchase offers as close to book value as possible. Council concurred without
requiring Council action on the matter.
3.Council Member Love stated that he recently attended a Fire Steering meeting where
they approved a EMS Coordinator pay adjustment, approved a fire prevention lieutenant
with stipulations for training, Lino Lakes’ use of the ladder truck for training at Century
College, Chief gave a report of training for potential incidents associated with the ebola
virus and other diseases that are becoming more common. There was some confusion as
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to the use of the ladder truck and its location. Council Member Love provided
clarification by stating that the ladder truck would be driven to Century College along
with a member of the Centennial Fire District. Mayor Wilharber stated that concern for
the vehicles availability during these training sessions has been discussed with
neighboring fire departments and their willingness to provide assisted services and
equipment. Mayor Wilharber also stated that there were concerns during this training and
potential for damage to the vehicle and Lino Lakes has agreed that through a written
agreement they would accept full responsibility for its repair is something should happen.
Mayor Wilharber stated that he was also present and this meeting, however, he desired
for Council Member Love to provide an update due to the fact that it is advantageous for
Council Members to keep abreast of issues that affect the City at both the Police
Commission and Fire Steering for appointed members/liaison absence.
4.Mayor Wilharber stated that he attended a recent Rush Line Corridor meeting where they
discussed light rail up the 35E corridor and that special interest groups will be becoming
a part of the group but will not have voting powers to provide input.
5.Mayor Wilharber stated that with the Centerville Road project things are dusty and the
contractor is attempting to keep dust to a minimum, the police are enforcing the closed
road. Mayor Wilharber stated that Mediation Services annual membership drive was
scheduled for November 5, 2014.
6.Wilharber attended a recent Rush Line Corridor meeting where discussions took place
regarding light rail and at some point it coming up along 35E.
Administrator Larson stated that it was unnecessary to have a closed session this evening.
Mayor Wilharber recognized an area student’s attendance of the meeting and applauded their
willingness to attend the meeting rather than writing a letter requesting information or submitting
a complaint.
XI. ADJOURNMENT
Motion by Council Member Paar, seconded by Council Member King to Adjourn the
regularly scheduled meeting of October 22, 2014 at 7:38 p.m. All in favor. Motion passed.
Transcribed by City Staff Member Teresa Bender, City Clerk
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