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HomeMy WebLinkAbout2015-03-11 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING March 11, 2015 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of March 11, 2015 at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Jeff Paar Council Member Steve King Council Member D. Love Council Member Ben Fehrenbacher ABSENT: None. STAFF: City Administrator Mike Ericson 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 HEARING 1.None. IV. APPROVAL OF AGENDA Mayor Wilharber added Check #29387-29396 w/voided Check #29376, and the Mayor brought to members attention that there were two corrections: Item #4 which was just a numbering correction under Old Business and the removal of Centerville with replacement of Centennial Item #1 under New Business. Council Member King request that Item #4 under Consent Agenda be pulled from consideration. Motion by Council Member Love, seconded by Council Member Paar to approve the Agenda with the above stated amendments. All in favor. Motion passed. V. APPROVAL OF MINUTES 1. February 25, 2015 City Council Meeting Minutes City of Centerville Council Meeting Minutes March 11, 2015 Mayor Wilharber provided Council Members with an opportunity to amend the presented minutes. Motion by Council Member Fehrenbacher, seconded by Council Member Love, to approve the minutes of the February 25, 2015 City Council Meeting as presented. All in favor. Motion passed. VII. CONSENT AGENDA 1.City of Centerville February 26, 2015 through March 11, 2015 Claims (Check #29365- 29386) & (Check #29387-29396) w/Voided Check #29376 2.Centennial Lakes Police Department Claims through February 28, 2015 (Check #10195- 10296) 3.Centennial Fire District Claims through March 3, 2015 (Check #6790-6803) 4. Res. #15-010 – Support of Legislation Establishing an Early Voting Process for Voters in Minnesota 5. Res. #15-011 – Authorizing the Abatement of Special Assessments Certified to Anoka County for PID #R14-31-22-41-0018 for the Years 2015-2017 & the Correction of a Typographical Error on Res. #14-035 6. Planning & Zoning Commission Recommendation Findings & Decision for Approval of Conditional Use Permit ~ Ultimate Martial Arts Studio - Business Operator Mr. Brian th Hanson/Building Owner Richard Pearson, 6845 – 20 Avenue South Mayor Wilharber provided Council Members an opportunity to pull items from the Consent Agenda for additional discussion. Council Member King again requested that Item #4 be pulled for further discussion. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve Consent Agenda Items #1-3 & 5-6 as presented. All in favor. Motion passed. Council Member King stated that he has attempted to review this item in length, he understands the process but does not believe that the desired outcome to make voting easier is needed with the fact that Minnesota has the highest turnout rates already. Council Member King was concerned with costs associated with this also. City Administrator Ericson stated that he had provided Council with background information from the League of Minnesota Cities regarding cost effectiveness, voters having the ability to place their own ballots directly into a tabulator which in turn would allow for immediate notification if they over-voted/under-voted in a race or crossed over party lines in a primary election; providing them an opportunity to spoil that ballot and be provided with a new ballot. The law does not allow the ballot envelop with voter information on it to remain with the ballot, for privacy reasons, when County staff places the ballot in the tabulator, if the voter over- voted/under-voted in a race or crossed over party lines the staff has no alternative but to override the defective races which means no votes are cast in that race. The voter does not have the ability to immediately correct the error or any ability to correct the error. They do not know that they made a mistake or that their vote was not counted in either of the cases. Page 2 of 6 City of Centerville Council Meeting Minutes March 11, 2015 Discussion ensued regarding costs, staff support needed, voter confidence and League of MN Cities’, the Municipal Clerk and Finance Officers Association’s support of SF414. Several Council Members felt that some election results may have been different if over/under votes and cross over votes on absentee ballots had been rectified. Motion by Council Member Fehrenbacher, seconded by Council Member Love to approve Consent Agenda Item #4 as presented. Council Member King opposed. Motion passed. VIII. AWARDS/PRESENTATIONS/APPEARANCES 1.None. IX. OLD BUSINESS 1. Mr. & Mrs. Will Lessard Request to Consider Second Amendment to Real Property Purchase Agreement Effective February 17, 2015 & Amended on February 19, 2015 Regarding Property in Centerville, MN Legal Counsel Glaser stated that staff has been working with the Lessard’s to assist them in the sale of their property, making financial accommodations regarding the payment of park dedication fees and the filing of the plat that was previously approved by both the Planning & Zoning Commission and Council. Glaser explained that the submitted document ensured that the City would be paid for park dedication fees from the proceeds of the sale along with the promissory note that Council previously approved. Glaser stated that once the fees are satisfied, the promissory note will be cancelled but if it is not satisfied, the City will specially assess the property to obtain the fees. Motion by Council Member Paar, seconded by Council Member King to approve the Second Amendment to Real Property Purchase Agreement Effective February 17, 2015 & Amended on February 19, 2015 Regarding Property in Centerville, MN. All in favor. Motion passed. 2. Planning & Zoning Commission Recommendation ~ Findings & Decision Regarding Purchase Agreement for 1737 Main Street Administrator Ericson stated that the Planning & Zoning Commission had reviewed the issues surrounding Ms. Farley’s offer to purchase 1737 Main Street and the current zoning of the property. Administrator Ericson stated that the Commission considered, at length, the necessity to modify the current zoning of the property to allow Ms. Farley’s use as a residence, potential for rezoning, the possibility of spot zoning, the potential for rezoning the entire block and the inconsistencies associated with the City’s “Comprehensive Plan” and the City’s “Master Plan and Development Guidelines for Downtown Centerville”. Planning & Zoning Commission Liaison D. Love stated that an extensive amount of discussion was given regarding the zoning Page 3 of 6 City of Centerville Council Meeting Minutes March 11, 2015 concerns and the Commission felt strongly that modifying it in this area or the entire block would have ramifications in the future and adversely affect the downtown plan. Motion by Council Member Love, seconded by Council Member King to Approve the Planning & Zoning Commission’s Findings and Decision Associated with Ms. Farley’s Offer to Purchase 1737 Main Street, Centerville, MN. All in favor. Motion passed. Council Member Love questioned whether a separate motion to deny the offer was needed and Legal Counsel Glaser stated that due to the above motion no additional motion was needed. Both the Planning & Zoning Commission and Council graciously thanked Ms. Farley for her interest in purchasing the property. Mr. Suski will forward the information to Ms. Farley on behalf of the City. 3. Mr. Lou Suski, Gaughan Companies, Request for Additional 60 Day Extension Purchase Agreement 1691/1695 Main Street Administrator Ericson stated that staff has been working closely with restaurantors who are interested in the purchase of the property, abutting property(ies) and plans. Mr. Suski stated that the restaurantors have been diligently working with their architect to construct a 15,000 foot building with three levels with outside dinning and 60 parking spaces. Mr. Suski also stated that Council may remember that the potential purchasers/restaurantors have requested several other extensions, provided earnest money and Council has been favorable to their requests. Mr. Suski presented Council again with a 60 day request for extension which would allow for site plans, parking accommodations, landscaping and acquisition of additional property. Mr. Suski stated that the original purchase agreement was for August, 21, 2014 extended to December 22, 2014, then extended to February 23, 2015 and with this extension it would run through May 31, 2015. Council Member King questioned whether there were additional offers on the property and Mr. Suski stated no. Mayor Wilharber stated that there was an issue with the property on the location of the sanitary sewer line. Administrator Ericson stated these issues can be handled. Mayor Wilharber questioned current City Code relating to the issuance of liquor licenses for establishments located within 500 feet of the school and/or the church and whether the restaurantors were aware of the Code and consideration for potential amendment. Mr. Suski stated that the potential purchasers are aware of the current regulations, however they are planning an upscale restaurant that serves liquor with meals rather than a bar. Motion was made by Council Member Love, seconded by Council Member Fehrenbacher to extend the original purchase agreement to May 31, 2015 as presented. Mr. Suski stated that he will continue to market the property, accept additional offers and forward them to Council. Page 4 of 6 City of Centerville Council Meeting Minutes March 11, 2015 Council Member Love stated that the City desires to draw in new business and work with those businesses that desire to be in Centerville. All in favor. Motion carried. Council Member Love reiterated that 1737 Main Street and smaller parcel that abuts it will remain on the market with the proper zoning. Mr. Suski stated that he was working on the guidance of staff and was lead to believe that it could be utilized as a residence. Administrator Ericson stated that the School District is interested in purchasing the property for additional parking for Centerville Elementary. 4. 2015 City Focus Goals & Ongoing Priorities Administrator Ericson stated that the final draft provided to Council this evening is several meetings worth of comments and suggestions from both the Parks and Recreation Committee and the Planning and Zoning Commission. Administrator Ericson also stated that he believed it was good direction or “road map” for Staff moving forward to provide Council’s intended direction for going forward and succeeding. Motion by Council Member King, seconded by Council Member Love to approve the 2015 City Focus Goals & Ongoing Priorities as presented. All in favor. Motion carried. X. NEW BUSINESS 1. Res. #15-012 – Joint Resolution of the cities of Centerville and Circle Pines in Support of the Future Centennial Fire District Administrator Ericson stated that the City of Circle Pines is considering a similar resolution, the Cities have had a long history of working together and continue to do so regarding the Centennial Fire District and the services that they provide. Motion by Council Member Paar, seconded by Council Member Fehrenbacher to adopt Res. #15-012 – Joint Resolution of the Cities of Centerville and Circle Pines in Support of the Future Centennial Fire District as presented. All in favor. Motion carried. 2. Consider Submission of Minnesota Department of Health Source Water Protection Plan Implementation Grant Application ~ $10,000 Assistance in Completing Well Sealing for Water Connections in the Royal Meadows Subdivision/Wellhead Protection Area Administrator Ericson stated that the City was successful in obtaining a similar grant last year and had the ability to seal 17 wells within the wellhead protection area at no cost to property owners. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to Approve the Submission of Grant Application to the Minnesota Department of Health Source Water Protection Plan Implementation as presented. All in favor. Motion carried. Page 5 of 6 City of Centerville Council Meeting Minutes March 11, 2015 XI. COUNCIL & ADMINISTRATION ANNOUNCEMENTS 1. Administrator Report a.Metropolitan Council Invitation to Attend a Workshop (Stormwater Capture & Aquifer Recharge) March 26, 2015 at the Arden Hills City Hall from 9:00 a.m. - 11:30 a.m. Mr. Ericson stated that he would be attending. b.Ms. Anna Marple Thank You c.Ms. Robyn Moore not able to make this evenings meeting but would be able to attend the next meeting. 2. Council & Staff Reports a.Council Member Paar reported that there would be an April Fire Steering meeting. b.Mayor Wilharber stated that on a monthly basis retired firefighters from the Centennial Fire District meet to have coffee and discuss past services. Mayor Wilharber and Mayor Bartholomay were going to attend but Mayor Bartholomay had to attend a funeral and Mayor Wilharber attended. c.Mayor Wilharber gave a brief update on CSAH21/Centerville Road stating that utilities are being placed in the right of ways in preparation of the road work this spring. Mayor Wilharber also discussed the replacement of the culvert and Met. Council water line with matting being installed and its anticipation of seed. Mayor Wilharber had concern for the berm that was placed within the park stating that it is much larger than anticipated and requested that Staff research the size. XIII. ADJOURNMENT Motion by Council Member Paar, seconded by Council Member King to Adjourn the Regularly Scheduled Council Meeting of March 11, 2015 at 7:15 p.m. All in favor. Motion passed. Transcribed by City Staff Member Teresa Bender, City Clerk Page 6 of 6