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Home My WebLink About2015-05-13 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING May 13, 2015 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of May 13, 2015 at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member King Council Member Jeff Paar Council Member D. Love Council Member Ben Fehrenbacher ABSENT: None STAFF: City Administrator Mike Ericson Legal Counsel Kurt Glaser Engineer Mark Statz (Arrived @ 7:21 p.m.) I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE III. APPOINTMENTS/PRESENTATION 1.Centennial School District Superintendent Mr. Brian Dietz Superintendent Dietz introduced himself and additional staff that were in the audience to Council: Scott Johnson, Executive Director of Teaching and Learning, Bryan Carlson – Principal of Rice Lake Elementary, Mike Christianson - Director of Technology, Krista Bergert – Director of Public Information and Community Outreach. Superintendent Dietz provided an overview of the schools, areas of academics, accolades of our students and the staff in general, rd and the high school’s rating of 3 highest performing high school in the State. Superintendent Dietz also mentioned that Centennial has two (2) elementary schools that have been designated as Title 1 schools. Superintendent Dietz briefly discussed the AVID (Advancement Via Individual Determination) thth programs offered to 9 through 11 graders to attend college classes stating that the district is partnering with the Minnesota State University, Mankato which prepares high school students for college and other postsecondary opportunities. The partnership also provides a pipeline of teachers into the class room through the creation of a strong mentorship program. City of Centerville Council Meeting Minutes May 13, 2015 Superintendent Dietz thanked the community for their support for the recent school bond referendum allowing necessary repairs, upgrades to both classrooms and buildings within the district allowing for additional parking, classrooms, and security. Superintendent Dietz referred to the presented handouts by stating that the information contained in the folders are provided to new parents of students, students and contained a large amount of school specific information. He also stated that their annual report would be forthcoming in the summer and would explain where funding was spent. Superintendent Dietz expressed his appreciation to those parents that volunteer for either coaching sports or volunteering at the school levels. He also stated that Centerville Elementary School has the most volunteers in the District. Council Member Love commented that teaching and the education system is often a thankless job and he wanted to thank all those involved. Council Members Paar and Fehrenbacher also expressed their desires to have the Centennial High School band participate in the Fete des Lacs parade. Both Administrator Ericson and Mayor Wilharber thanked Superintendent Dietz and his staff for attending the meeting. IV. PUBLIC INPUT/HEARING 1.None. V. APPROVAL OF AGENDA Mayor Wilharber added Check #29454-29463 to Item #1 and Special Event Permit Application – Kelly’s Korner/Southern Rail Parking Lots (Noise/On Sale Liq.) Item ii. August 3, 2014 Petition for Recommendations – Regulating Music @ Outdoor Public Events and 7. Special Assessment Agreement, Waiver of Hearing & Appeal – Water Access Charge (Unassessed Property) (Condition of Sale of Home to Connect~Will be Paid Out of Proceeds of Sale) . under Consent Agenda Motion by Council Member Love, seconded by Council Member Paar to approve the Agenda with the above stated amendments. All in favor. Motion carried. VI. APPROVAL OF MINUTES 1. April 22, 2015 City Council Meeting Minutes Mayor Wilharber provided Council Members with an opportunity to amend the presented minutes. Page 2 of 8 City of Centerville Council Meeting Minutes May 13, 2015 Motion by Council Member Fehrenbacher, seconded by Council Member Paar, to approve the minutes of the April 22, 2015 City Council Meeting as presented. All in favor except Council Member King who abstained due to his absence of the meeting. Motion carried. VII. CONSENT AGENDA 1.City of Centerville April 23, 2015 through May 13, 2015 Claims (Check #29415-29453) w/Voided Check #29367 & (Check #29454-29463) 2.Centennial Lakes Police Department Claims through April 22, 2015 (Check #10349- 10367) 3.Centennial Fire District Claims through May 7, 2015 (Check #6888-6915) w/Payroll (Check #6879-6887) & (Check #6916-6941) 4.Centerville Lions a. Special Event Permit Application – LaMotte Park (Noise/On Sale Liq.) i. July 17, 2015 – 8:00 a.m. – Midnight/Noise 10:00 a.m. – Midnight/Temp. On Sale Liq. ii. July 18, 2015 – 8:00 a.m. – Midnight/Noise 10:00 a.m. – Midnight/Temp. On Sale Liq. iii. July 19, 2015 – 8:00 a.m. – 8:00 p.m./Noise 10:00 a.m. – 8:00 p.m./ Temp. On Sale Liq. b. Special Event Permit Application – Kelly’s Korner/Southern Rail Parking Lots (Noise/On Sale Liq.) i. July 18, 2015 – Noon – Midnight/Noise 6:00 p.m. – Midnight/Temp. On Sale Liq. c. Charitable Gambling Permit – Raffle (July 19, 2015, 3:00 p.m.) d. Transient Merchant, Peddler Application – Raffle Ticket Sales (June 19 – July 19, 2015) 5. Successful Performance Evaluation – Mr. Paul Palzer, Public Works Director/Building Official (Completion of Year 21) 6. Hiring of Mr. Andrew Schweizter Seasonal Public Works/Parks Maintenance Worker 7. Special Assessment Agreement, Waiver of Hearing & Appeal – Water Access Charge (Unassessed Property) (Condition of Sale of Home to Connect~Will be Paid Out of Proceeds of Sale) Mayor Wilharber provided Council Members an opportunity to pull items from the Consent Agenda for additional discussion. Council Member King request that Item #4 be pulled for additional discussion and consideration. Motion by Council Member Fehrenbacher, seconded by Council Member Love, to approve Consent Agenda Items #1-3 & 5-7) as presented. All in favor. Motion carried. Item 4. Council Member King requested that the bass guitar sound of the band be limited and also had concern for security. Council Member King stated that earlier in the day he had contacted Lion President John Thill regarding these concerns and he was informed that Kelly’s Korner hires the Page 3 of 8 City of Centerville Council Meeting Minutes May 13, 2015 band for the event. Council Member King questioned why Kelly’s was not submitting for a noise permit rather than and the Lion’s and who was providing security for the event. Lengthy discussion ensued regarding the time period that the band should be allowed to play for. Lion President Thill stated that he desired to allow ample time for set up/warm up of the band and fend off any issues similar to last year with them starting prior to the time given. Mayor Wilharber questioned Council Member King regarding his concerns. Council Member King reiterated that he had concerns for security and levels of the base emitted by the band for numerous hours. Lion President Thill stated that the areas of Kelly’s and Southern Rail parking lots would be fenced housing the band and allowing patrons of both establishments to mingle, they would be providing security due to the cost of hiring an outside entity to provide these services, they would ensure that Kelly’s staff understands and assists in controlling base levels of the band and work in conjunction with the Centennial Lakes Police Department ensuring safety for the City, neighboring property owners and patrons. Attorney Glaser stated that the Centennial Lakes Police Department have specific laws to follow regarding the conduct of patrons and safety issues; barring expensive decibel reading equipment which the City nor the Police Department have access to there is no way of determining base amounts or excessive levels. Mayor Wilharber reiterated the request of the Centerville Lions Club as follows: Special Event Permit Application – LaMotte Park (Noise/On Sale Liq.) July 17, 2015 – 8:00 a.m. – Midnight/Noise 10:00 a.m. – Midnight/Temp. On Sale Liq. ; July 18, 2015 – 8:00 a.m. – Midnight/Noise 10:00 a.m. – Midnight/Temp. On Sale Liq. ; July 19, 2015 – 8:00 a.m. – 8:00 p.m./Noise 10:00 a.m. – 8:00 p.m./ Temp. On Sale Liq. Special Event Permit Application – Kelly’s Korner/Southern Rail Parking Lots (Noise/On Sale Liq.) July 18, 2015 – Noon – Midnight/Noise, 6:00 p.m. – Midnight/Temp. On Sale Liq. Charitable Gambling Permit – Raffle (July 19, 2015, 3:00 p.m.) and Transient Merchant, Peddler Application – Raffle Ticket Sales (June 19 – July 19, 2015). Council Member King requested that Lion President Thill update the City, Council or himself with regards to noise level discussions with Kelly’s staff. Motion by Council Member Love, seconded by Council Member Paar to approve Item #4 Lengthy discussion ensued regarding the original requested Special Event Permit Application – Kelly’s Korner/Southern Rail Parking Lots (Noise/On Sale Liq.) July 18, 2015 – Noon – Midnight/Noise. Several members of Council felt that sound checks of instruments, vocals, etc. would need additional time other than a half hour prior to the band being scheduled to commence playing for the event. Several members of Council felt that Council Member King was being too Page 4 of 8 City of Centerville Council Meeting Minutes May 13, 2015 restrictive with his request and that adding the language “no continuous music” during the noon to 7:30 p.m. time period would be acceptable. Council Members Love and Paar accepted a friendly amendment to the motion with the added language “no continuous music” during the noon to 7:30 p.m. time period on July 18, 2015 at Kelly’s Korner/Southern Rail Parking Lots. All in favor. Motion carried. VIII. OLD BUSINESS 1.Re-Affirmation of Final Plat – Center Villa Second Addition (11/12/2014 & 2/25/2015) – Recommendation from Planning & Zoning Commission a. Res. #15-018 – Authorizing the Mayor and City Clerk to Affix Their Signatures Upon the Approved Plat (Mylar) for the Center Villa Second Addition for Recording with the Anoka County Recorder’s Office b. Amend Conditional Use Permit i. 3. Conditions, a) This Conditional Use Permit is not authorized until and unless the Plat for Center Villa Second Addition is properly recorded with Anoka County by “May 25, 2015”. Administrator Ericson stated that the items were reconsidered at the Planning & Zoning Commission due to the delay of closing until May 25, 2015. Motion by Council Member Love, seconded by Council Member Fehrenbacher, to approve the Re-Affirmation of Final Plat – Center Villa Second Addition (11/12/2014 & 2/25/2015) – Recommendation from Planning & Zoning Commission as presented. All in favor. Motion carried. IX. NEW BUSINESS 1.Res. #15-019 – Allocation of Expenditures Associated with the CSAH21/Centerville Road Reconstruction Project Administrator Ericson stated the presented resolution is recommended by Finance Director Paulseth subsequent to discussions with Engineer Statz. Motion by Council Member Fehrenbacher, seconded by Council Member Paar, to adopt Res. #15-019 – Allocation of Expenditures Associated with the CSAH21/Centerville Road Reconstruction Project as presented. Discussion ensued. Council Member King questioned the amount of reserves in the Enterprise Funds (Water/Sewer). Administrator Ericson stated that both of these funds will be monitored closely in the future with a reserve remaining. Page 5 of 8 City of Centerville Council Meeting Minutes May 13, 2015 All in favor. Motion carried. 2.Res. #15-020 – Authorizing Unspent Budget and Excess Revenue from 2014 to Current Year Budget 2015 Parks & Recreation (Revenue 45201 & 45202, Expenditures 45200 & 45201 Funds) Administrator Ericson stated that this resolution is more of a formality and a Parks and Recreation request that the remaining budgeted amounts from 2014 be move forward to the 2015 budget. The amount that is remaining is $8,471.76. Council Member Love stated that he does not want to take away any dollar amount that Parks and Recreation have earned through their 5K and 8k runs, and continued to ask are these budgetary amounts - just budgetary dollars that they have not spent and this does not include the extra amount of dollars that we have included in this year’s budget. Administrator Ericson stated yes. Council Member Love stated that he does not want to keep adding money into the budget when we have moved into the next year. Administrator Ericson stated that the basketball hoops have been already been purchase from those funds and the amount that is remaining is $3,000. Motion by Council Member King, seconded by Council Member Fehrenbacher, to adopt Res. #15-020 – Authorizing Unspent Budget and Excess Revenue from 2014 to Current Year Budget 2015 Parks & Recreation (Revenue 45201 & 45202, Expenditures 45200 & 45201 Funds) as presented. All in favor. Motion carried. X. COUNCIL & ADMINISTRATION ANNOUNCEMENTS 1.Administrator Report a. State Representative Linda Runbeck (Early Voting & Water Bills) Administrator Ericson stated that lacking by partisan support, the bill died. Administrator Ericson stated that the City of Hugo was working closely with State Representative Runback and Senator Chamberlain regarding the water bill and will report to Council shortly on the bills status. b. Reinhardt & Rivard Agreement - Administrator Ericson stated that both parties participated in mediation and a resolution is in progress with the construction of a new fence on the Rivard property with proper permitting. 2. Council & Staff Reports Council Member Fehrenbacher stated that at the recent Police Governing Board meeting, Chief Kohn had a successful review, renewed his annual contract and he received a raise equal to the percentage that union officers receive. Council Member Fehrenbacher also stated that the annual audit was recently completed and the new towing contractor for the Centennial Lakes Police Department is Twin City Towing. Mayor Wilharber stated that there was lengthy discussion of body cameras, costs, public versus private information and records retention requirements. Page 6 of 8 City of Centerville Council Meeting Minutes May 13, 2015 Council Member Paar reported that at the recent Fire Steering Committee discussion was held regarding their annual audit, grant funding reconciliation frequency, separation of duties, etc. Council Member Paar stated that it is anticipated that the Chief’s position will be filled by the end of June and a new job description has been completed. Council Member Paar stated that the Interim Chief is Ms. Kathy Peil and would be receiving a retro-pay increase to April 12, 2015. Mr. Michael Schweigert, Recruitment Coordinator/Grant Administrator submitted his resignation and then rescinded it. Council Member Love stated that the Planning & Zoning Commission held their regularly scheduled meeting on May 5, 2015 where they discussed the re-affirmation of the plat for Center Villa Second Addition and discussed the Metropolitan Council Draft Water Resources Policy Plan. Mayor Wilharber stated that the Hugo Food Shelf would be holding a Grand Opening on June 4, 2015 from 5:00 p.m. – 7:00 p.m. and that there would be a ceremony at Bunker Hills Veterans Memorial on May 25, 2015. City Engineer Statz reported to that the utilities, water, sewer and most of the storm sewer are completed or on schedule associated with the CSAH21/Centerville Road Reconstruction. He also stated that the rain has slightly slowed the project. Administrator Ericson stated that all Council Members had received a survey on behalf of Brimeyer/Fursman related to his sixth month review. He also stated that responses would be compiled by them for review at its scheduled Closed Executive Session on May 27, 2015. Attorney Glaser reminded Council and residents that it is National Law Enforcement Recognition Week. Motion by Council Member Paar, seconded by Council Member Fehrenbacher to adjourn to Closed Session at 7:33 p.m. All in favor. Motion carried. XI. CLOSED EXECUTIVE SESSION 1. Purchase Agreement – 7212 Mill Road ~ Mr. Lou Suski, Gaughan Companies Lengthy discussion was had regarding outstanding assessments related to municipal sewer and water along with park dedication fees and how those would affect the pricing of the lot. Attorney Glaser was directed to complete additional research regarding the outstanding park dedication fee. Mr. Suski was instructed to counter offer the purchase price to be $50,000 with the inclusion of all outstanding fees. 2. Purchase Agreement – 1691/1695 Main Street ~ Mr. Lou Suski, Gaughan Companies Mr. Suski stated that the individuals that hold the current purchase agreement on the property with the City have also submitted a purchase agreement to the abutting property owners and they Page 7 of 8 City of Centerville Council Meeting Minutes May 13, 2015 have declined their current offer. Mr. Suski stated that they desire to counter offer but feel they are paying too much for the City owned property. Mr. Suski was instructed to counter offer the purchase price to be reduced by $25,000 conditioned upon the City receiving utility easements, existing buildings being demolished and taxable market value guarantee (time & value) on both the City’s and abutting parcels. 3. Purchase Agreement – 7261 Main Street ~ Mr. Kurt Glaser Lengthy discussion ensued regarding the current purchase agreement, fees that have been paid, legal recourses, taxes and Attorney Glaser was instructed to research the financial benefits of placing the property back on the market versus enforcing the existing contract. Mayor Wilharber reconvened the regularly scheduled Council meeting at 8:40 p.m. X. ADJOURNMENT Motion by Council Member Fehrenbacher, seconded by Council Member Paar to Adjourn the Regularly Scheduled Council Meeting of May 13, 2015 at 8:41 p.m. All in favor. Motion passed. Transcribed by City Staff Member Kris Sweeney, Account Clerk II Page 8 of 8