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HomeMy WebLinkAbout2006-03-08 CCCITY OF CENTERVILLE CITY COUNCIL MEETING MARCH 8, 2006 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on March 8, 2006, at City Hall, 1880 Main Street. PRESENT: Council Member Lee Council Member Lakso Council Member Paar Council Member Terway ABSENT: Mayor Mary Capra STAFF: City Attorney Mr. Hoeft City Engineer Mr. Peterson City Administrator Mr. Larson I. CALL TO ORDER Acting Mayor Lee called the March 8, 2006, City Council meeting to order at 6:32 p.m. II. SET AGENDA Council added the following item to the Agenda under Old Business: Resolution #06- 022, Declaring Adequacy of Petition Receiving Report on Improvement, Approving Plans and Specs and Ordering Advertisement for Bids on Improvement – Hunters rd Crossing, 3 Addition. Motion by Council Member Terway, seconded by Council Member Paar to approve the Agenda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1.February 15, 2006 City Council Work Session Meeting Minutes Motion by Council Member Lakso, seconded by Council Member Terway to approve the February 15, 2006 City Council Work Session Meeting Minutes as presented. All in favor. Motion passed unanimously. 2.February 22, 2006 City Council Meeting Minutes City of Centerville Council Meeting Minutes March 8, 2006 Motion by Council Member Lakso, seconded by Council Member Terway to approve the February 22, 2006 City Council Work Session Meeting Minutes as presented. All in favor. Motion passed unanimously. 3.February 28, 2006 City Council Special Meeting Minutes Motion by Council Member Lakso, seconded by Council Member Terway to approve the February 28, 2006 City Council Special Meeting Minutes. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1.City of Centerville February 23, 2006 through March 8, 2006 Claims 2.Centennial Fire District Claims through February 17, 2006 & March 3, 2006 3.Account Clerk II’s Attendance of Minnesota Municipal Clerks Institute (MMCI) – Not to Exceed $410.00 4.Parks & Recreation Committee Request for Council Approval to Sponsor Kelly Miller Circus Fundraiser Subject to Outlined Research Council Member Lakso requested the removal of Ck #21085 – Centerville Claims for further discussion. Council Member Paar requested that Item #4 also be removed for further discussion. Motion by Council Member Lakso, seconded by Council Member Terway, to approve Consent Agenda Items 1, (excluding Ck #21085, 2 and 3 as presented. All in favor. Motion carried unanimously. Council Member Lakso questioned whether the Damon Faber invoice amount was a partial payment or a full payment. Mr. Larson state that it was a partial payment Motion by Council Member Lakso, seconded by Council Member Terway to approve Ck #21085 as presented. All in favor. Motion carried unanimously. Council Member Paar briefly reviewed the Kelly Miller Circus Fundraiser with Council and Parks & Recreation’s concerns regarding arranging individuals to collect dollars from businesses, selling tickets, water availability and site availability. Motion by Council Member Paar, seconded by Council Member Lakso to approve Parks & Recreation Committee’s Request for Sponsorship of the Kelly Miller Circus Fundraiser pending reference checks, site inspection and member participation. All in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES None. Page 2 of 8 City of Centerville Council Meeting Minutes March 8, 2006 VI. PUBLIC HEARINGS 1. Ordinance Codification Acting Mayor Lee commented that no members of the audience were present. Mr. Larson explained that the City has been in the process of working on the codification for years. Mr. Larson stated that he had reorganized Section 154 pertaining to zoning in an attempt to simplify its ease of use for the Planning and Zoning Commission. Mr. Larson also stated that the codification contains all existing ordinances to date and staff will ensure that the most recent ordinances are contained prior to the final version becoming available for use. Acting Mayor Lee commended staff for their diligence regarding this item. Mr. Larson stated that the document will have slight modifications over time. Council Members Terway and Paar thanked Mr. Larson and Mr. Hoeft for their diligence with the document. Motion by Council Member Lakso, seconded by Council Member Terway to close the public hearing. All in favor. Motion carried unanimously. VII. NEW BUSINESS 1. Ordinance #1, Second Series Adopting Codification Motion by Council Member Terway, seconded by Council Member Paar to approve Ordinance #1, Second Series adopting the Codification as presented. All in favor. Motion carried unanimously. a. Summary Ordinance #1, Second Series Publication Motion by Council Member Terway, seconded by Council Member Paar to approve the Ordinance #1, Second Series Summary Publication as presented. All in favor. Motion carried unanimously. 2. Resolution #06-021 – Establishing Penalties for Administrative Offenses Mr. Larson stated that the outlined penalties for the administrative offenses have been recommended by the Police Governing Board and authority for administrative penalties is contained in the Ordinance Codification. Council Member Lakso questions whether all cities would have the same penalties for the same offenses. Mr. Larson stated that the City of Lexington had adopted the same penalties and that Circle Pines would soon be considering them also. Acting Mayor Lee questioned whether these penalties would be reviewed on a regular basis. Mr. Larson stated that if it is later determined that additional violations could be added or adjustments in fees were needed same would be forwarded to Council for their consideration. Council Member Lakso questioned whether an accelerating provision was contained or considered when the fees were suggested. Page 3 of 8 City of Centerville Council Meeting Minutes March 8, 2006 Mr. Hoeft stated that each day was a separate offense and that multiple violations would be taken care in that fashion. Motion by Council Member Lakso, seconded by Council Member Terway to adopt Res. #06-021 – Establishing Penalties for Administrative Offenses within the City of Centerville, as Authorized by City Code, Chapt. 10, Section 10.79. All in favor. Motion carried unanimously. 3.Sager’s Bar-n-Grill (On-Sale and Sunday Liquor License & Tobacco License) Mr. Larson stated that the Police Chief had completed the routine background check and all licensing fees had been paid. Mr. Larson stated that the property had outstanding utility charges. Motion by Council Member Terway, seconded by Council Member Paar, to approve a On-Sale and Sunday Liquor License & Tobacco License for Sager’s Bar- n-Grill pending all fees are paid to date. All in favor. Motion carried unanimously. Acting Mayor Lee questioned whether Mr. Sager was aware of the Downtown Redevelopment Plans and moratorium. Mr. Sager stated that he was and that painting may be the first item of business this summer. Mr. Sager stated that he is very excited to be back in Centerville. 4. Lawn Maintenance Contract - 2006 Mr. Larson stated that Land Maintenance Outdoor Service was the lowest proposal that was submitted for consideration with a three (3) year contract. Acting Mayor Lee questioned whether Mr. Palzer’s recommendation was for a three (3) year contract and Land Maintenance Outdoor Service. Mr. Larson concurred. Council Member Lakso questioned whether early termination of the contactor could be addressed in the contract. Motion by Council Member Lakso, seconded by Council Member Paar, to grant the Lawn Maintenance Contract to Land Maintenance Outdoor Services per the recommendation of the Public Works Director, Mr. Palzer. All in favor. Motion carried unanimously. Council directed Mr. Larson to forward the Council’s decision to those who submitted proposals. 5. Lift Station #2, Generator Purchase – Aid Electric ($21,765.00) Mr. Larson stated that Mr. Palzer had submitted a memorandum in the packet for Council’s consideration due to ongoing issues. Council Member Lakso questioned whether the monies were budgeted for. Council Member Paar questioned whether Mr. Larson concurred with the purchase. Mr. Larson stated that he did concur with the Public Work’s Directors recommendation, felt that the expense was warranted and same would Page 4 of 8 City of Centerville Council Meeting Minutes March 8, 2006 be expended from waste water funds. Mr. Larson stated that Connexus Energy thought well of Aid Electric. Motion by Council Member Paar, seconded by Council Member Lee, to approve the purchase of a generator and installation for Lift Station #2 from Aid Electric in the amount of $21,765.00 with funds being expended from the Waste Water Fund per Mr. Palzer’s recommendation. All in favor. Motion carried unanimously. 6. Business Person of the Year & Citizen of the Year Mr. Larson explained that Mayor Capra requested that this item be placed on the agenda for Council consideration. Acting Mayor Lee stated that Mayor Capra is drafting guidelines for the presentation of these recognitions. Council Member Paar stated that he felt that the Business Appreciation Dinner was a very well received event and that he would be willing to donate his time to orchestrate same for the upcoming year. Mr. Terway concurred. Motion by Council Member Terway, seconded by Council Member Lakso to table this item until the next Council Meeting. All in favor. Motion carried unanimously. VIII. OLD BUSINESS 1.Ordinance #91 – Amending Ord. #4, Division #65; Accessory Uses and Structures – Housekeeping – Bridges in Easements by Permit Mr. Larson stated that the Planning and Zoning Commission previously recommended adoption of the Ordinance, Guidelines for Bridges and an Encroachment Agreement; however, Council had only adopted the Guidelines and the Agreement. Motion by Council Member Lakso, seconded by Council Member Terway to approve Ordinance #91 – Amending Ord. #4, Division #65; Accessory Uses and Structures – Bridges in Easements by Permit as presented All in favor. Motion carried unanimously. 2. Summary of Ordinance #90 for Publication Mr. Larson stated that a summary of Ordinance #90 – An Emergency Interim Ordinance Temporarily Prohibiting Certain Development in the Area Generally Known as the Downtown of Centerville is acceptable by law for publication requirements and is less costly. Mr. Larson stated that the ordinance is three (3) pages and the summary is one (1) page. Motion by Council Member Terway, seconded by Council Member Paar to approve the publication of the submitted summary of Ordinance #90. All in favor. Motion carried unanimously. Page 5 of 8 City of Centerville Council Meeting Minutes March 8, 2006 rd 3. Hunters Crossing, 3 Addition – Developer’s Agreement, Final Plat & Res. #06- 022 – Declaring Adequacy of Petition Receiving Report on Improvement, Approving Plans and Specifications and Ordering Advertisement for Bids on Improvement Mr. Larson explained that the City had received all associated fees and documents (except a letter of credit) from the Developer prior to submission. Acting Mayor Lee questioned whether Mr. Hoeft had an opportunity to review the developer’s agreement. Mr. Hoeft stated that he had reviewed the document and felt it was in order. Motion by Council Member Paar, seconded by Council Member Lakso, to approve the presented Developer’s Agreement and Final Plat as submitted. All in favor. Motion carried unanimously. Mr. Larson explained that Res. #06-022 allowed the process of construction and special assessments to continue. Motion by Council Member Paar, seconded by Council Member Lakso to approve Res. #06-022 – Declaring Adequacy of Petition Receiving Report on Improvement, Approving Plans and Specifications and Ordering Advertisement for Bids on Improvement as presented. All in favor. Motion carried unanimously. rd Mr. Richard Carlson addressed Council and stated that all of the 3 addition had been graded except for five (5) lots due to running out of fill and weight restrictions being placed on the street on Wednesday. Mr. Carlson felt that approximately 10,000 yards of fill would be needed to complete the five (5) lots. Mr. Carlson stated that he would forward the letter of credit to the City as soon as possible. 4. National Sports Center Super Rink Expansion Guarantee Agreement Acting Mayor Lee stated that he had only been presented with the agreement approximate at the beginning of the meeting. Council Member Lakso questioned the differences between the agreement that was distributed at the beginning of the meeting and what Council received in their packets. Mr. Larson explained that the language in Section 2, 2.2 has been added pertaining to the guarantee of rental income not being required subsequent to the initial bond being paid in full. Council Member Terway questioned whether Mr. Hoeft had an opportunity to review the agreement. Mr. Hoeft stated that there were conflicting timeframes within the document; however, they were errors on the drafter’s part and not the City’s. Motion by Council Member Terway, seconded by Acting Mayor Lee to approve the agreement as presented and placed before them at the beginning of the meeting. All in favor. Motion carried unanimously. 5. Proposal for Legal Services Page 6 of 8 City of Centerville Council Meeting Minutes March 8, 2006 Consensus was that Council desired to schedule a work session to review and discuss this issue at more length. Consensus was to schedule a work session subsequent to the March 22, 2006 regularly scheduled meeting. Mr. Larson stated that additional items needed to be discussed such as the Downtown Redevelopment and CSAH 14. Mr. Larson was directed to contact Mayor Capra as to the scheduling of same. Council Member Terway questioned whether Mr. Hoeft’s office had submitted a proposal. Mr. Hoeft stated that if it was the desire of Council he could. Mr. Larson stated that staff could provide Council with historical costs if that what was desired by Council. IX. ANNOUNCEMENTS/UPDATES 1.City Administrator, Mr. Dallas Larson Mr. Larson stated that the City had hired a part-time scanning/administrative technician. Mr. Larson stated that he met with the City of Lino Lakes and the affected property st owner regarding the 21 Avenue/backage road construction. Discussions will continue but it is felt that it is a positive turn for the project. Mr. Larson stated that meetings will need to be held with the Rice Creek Water Shed District in the next few months to st discuss the extension of 21 Avenue South, across Clearwater Creek.. Mr. Peterson stated that at some point a FEMA map amendment would need to be secured. Mr. Larson reported that the City’s bonding bill would be receiving hearings in the next week. Mr. Larson stated that this legislation, if passed would assist in the City’s portion of the CSAH 14 improvements. Mr. Larson reported that discussions are taking place regarding the construction of Fairview Avenue between Mr. Ebenstiener and Mr. Rehbein. rd Mr. Larson reported on the status of Ground Development’s 3 addition. Mr. Larson stated that the developer’s agreement is ready to be signed, security and letter of credit is being forwarded along with the deed for the outlot as agreeded upon. Council Member Paar, Liaison to Parks & Recreation Council Member Paar gave a brief overview of Mr. Harry Rawls, Kelly Miller Circus Fundraiser presentation at Parks and Recreation last meeting. Council Member Paar thanked Staff for their memorandum contained in the packet. Council Member Paar stated that the Parks and Recreation Committee had also discussed incorporating the $20,000 budgeted for warming house renovations and the $6,700 of the Economic Development Commission’s budget for use in constructing the gazebo on 1601 LaMotte Drive. Council Member Paar requested that Mr. Larson met with the Finance Director regarding the dollar amounts and their usage. The Committee had concern for the usage of the $20,000 for the gazebo due to the donors request for it to be used on the warming Page 7 of 8 City of Centerville Council Meeting Minutes March 8, 2006 house. Council Member Paar stated that the Committee had obtained three (3) bids for play equipment to be installed at Laurie LaMotte Memorial Park. Council Member Lakso – No Report Given Council Member Terway, Liaison to Planning and Zoning Council Member Terway stated that the Planning and Zoning Commission meeting had been rescheduled to March 14, 2006 due to caucuses. Council Member Lee – No Report Given Council Member Lakso questioned whether there was new information regarding the CSAH14 widening project. Mr. Larson stated that no information had been obtained to date. Mr. Larson did state that the City had received new aerial photos from the County and he would be happy to demonstrate that to the Council following the meeting. X. ADJOURNMENT Motion by Council Member Terway, seconded by Council Member Paar to adjourn the March 8, 2006 City Council Meeting at 7:34 p.m. All in favor. Motion carried unanimously. Respectfully submitted by, Teresa Bender, City Clerk Page 8 of 8