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HomeMy WebLinkAbout2015-07-08 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING July 8, 2015 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of July 8, 2015 at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King Council Member D. Love Council Member Jeff Paar ABSENT: None STAFF: Public Works Director Paul Palzer Legal Counsel Kurt Glaser Engineer Mark Statz Gaughan Companies, Lou Suski I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE III. APPOINTMENTS/PRESENTATION Mr. Terry Sweeney, 7154 Brian Drive and Ms. Laura Weise, 7135 Brian Way were both present and requested to speak with Council regarding a recent meeting held with neighborhood residents regarding drainage issues in their rear yards, the City’s current policy is to participate in correcting the issue with residents paying a share of the costs. Mr. Sweeney provided photographs of his backyard, a recent addition and Ms. Weise’s backyard for Council consideration, stated that the City has caused these issues due to improper installation (too high) of a drainage culvert and other neighbors filling in their backyards with lack of City enforcement. Both Mr. Sweeney and Ms. Weise stated that the City has openly admitted that the culvert is too high to provide proper drainage but at the time of the 2009 Street Improvement Project it was not addressed due to funding or a mistake. Both residents felt that they should not be financially responsible for the City’s mistake, that other areas of town experiencing the same issues were remedied by the City at no cost to the residents, that the City should bare all costs associated with correcting the drainage problems due to property taxes paid and fees for storm sewer that are charged to all residents through their utility billings. City of Centerville Council Meeting Minutes July 8, 2015 Subsequent to the discussion provided by Mr. Sweeney and Ms. Weise, Mayor Wilharber requested that staff and Council review submitted bids for repairs, the City’s policy regarding private storm drainage problems, history of problems, and engineering associated with the 2009 Street Improvement Project. Mayor Wilharber stated that he and Council Member King were not serving the community at the time of the 2009 Street Improvement Project and were unfamiliar with the issues surrounding the problems. Both Mayor Wilharber and Council Member King stated that they would appreciate a meeting with staff regarding the drainage issues prior to proposed remedies and neighborhood meetings. Council concurred and stated that subsequent to additional review by Council, another meeting would be held with residents and they would be notified via mail of the meeting. IV. POTENTIALLY DANGEROUS DOG APPEAL 1.Ms. Mary Hennessey, 1682 Lakeland Circle, was present and requested that Council reconsider Centennial Lakes Police Chief Coan’s designation of Potentially Dangerous of her dog Ty. Ms. Hennessey stated that she recognizes that there was a bite incident on May 12, 2015 where a child suffered injuries and stitches due to Ty’s behavior but stated that she has been in contact with the child’s parents regarding recovery, has followed all requested requirements of the Police Department, has been in contact with Ty’s veterinarian and behavioral specialist/trainer along with addressing additional allegations of additional bites suffered by her own children. Ms. Hennessey stated that officers that have interacted with Ty have stated that he seems to be well-mannered, quiet and a friendly dog. Community Service Officers Beaman and Wressell were present and gave a review of events leading up to Chief Coan’s designation. Lengthy discussion ensued regarding City Code, requirements of the owner of a Potentially Dangerous Dog, liability concerns, and six (6) month reconsideration following behavioral modifications, spay/neutering, etc. V. APPROVAL OF AGENDA Mayor Wilharber added Claims Page 55a, Check #29565-29574 w/Voided Check #29390 under Consent and Under New Business, Item #2. Potentially Dangerous Dog Appeal. Motion by Council Member Love, seconded by Council Member Fehrenbacher to approve the Agenda with the above stated amendments. All in favor. Motion carried. VI. APPROVAL OF MINUTES 1. June 24, 2015 City Council Meeting Minutes Mayor Wilharber provided Council Members with an opportunity to amend the presented minutes. Page 2 of 6 City of Centerville Council Meeting Minutes July 8, 2015 Motion by Council Member King, seconded by Council Member Fehrenbacher, to approve the minutes of the June 24, 2015 City Council Meeting as presented. All in favor. Motion carried. VII. CONSENT AGENDA 1.City of Centerville June 25, 2015 through July 8, 2015 Claims (Check #29545-29564) w/Voided Check #29561 & (Check #29565-29574) w/Voided Check #29390 2.Centennial Lakes Police Department Claims through June 25, 2015 (Check #10426- 10444) Mayor Wilharber provided Council Members an opportunity to pull items from the Consent Agenda for additional discussion. Motion by Council Member Fehrenbacher, seconded by Council Member King, to approve the Consent Agenda Itemsas presented. All in favor. Motion carried. VIII. OLD BUSINESS 1.Parks & Recreation Committee Recommendation (Tabled/No New Info.) a. Sledding Hill b. Electrical Installation at Laurie LaMotte Memorial Park Pavilion Mayor Wilharber stated that the excess dirt that had been stored at LaMotte Park and that the Parks & Recreation Committee desired to have for a sledding hill has been utilized by the road work associated with the CSAH21/Centerville Road Project. Discussion ensued regarding whether Anoka County would be replacing or paying for the excess dirt from the City’s project that occurred at the same time and Engineer Statz stated that he would be looking into the matter, however, the City should be mindful of the next occurrence of a similar project and potential for excess dirt that may need to be paid to get rid of. Public Works Director Palzer stated that he is continuing working on obtaining quotes for electrical services at the park pavilion and would be providing them to Council for consideration shortly. IX. NEW BUSINESS Purchase Agreement, 2065 Commerce Drive – Ruffridge-Johnson Equipment 1. Company (Jon & Sophie Pederson) Lou Suski from Gaughan Companies stated that he has a full purchase price offer of $950,000 from Jon & Sophie Pederson, owners of Ruffridge-Johnson Equipment, Legal Counsel has reviewed the agreement and found it to be in order except for Section 8, o. Zoning, should state that the current zoning of the property is B-1, Commercial rather than “the present zoning of the Property permits the Buyer’s intended use” and he felt that $10,000 for earnest money was low due to the purchase price. Mr. Suski stated that Mr. Pederson desires to relocate his current heavy equipment business to Centerville from Minneapolis, anticipates constructing a new Page 3 of 6 City of Centerville Council Meeting Minutes July 8, 2015 building and closing on his existing property by April 10, 2016. Mr. Suski also stated that Mr. Pederson is utilizing an 1031 Exchange which somewhat dictates the closing date and during this timeframe they will be completing due diligence regarding additional permits for storage tanks, Rice Creek Watershed permits, etc. and architect/engineer. Lengthy discussion ensued regarding the amount of earnest money, regular contract language and reasons for termination, concern for non-marketing of the property during the timeframe proposed by agreement and tax revenue. Mr. Pederson was present and introduced himself to Council. He stated that barring any unforeseen issues with his buyer, he is extremely eager and motivated to move his business to Centerville, does not anticipating terminating the purchase agreement for any reasons and understands Council’s concerns. Mr. Pederson stated that they need time to work with a contractor, engineer, RCWD, Planning & Zoning, EPA and additional agencies besides the timeframe for the other company to purchase his existing building. Mr. Pederson also stated that he desires to become a part of the small town community and has missed that where his exiting building has been located. Additional discussion ensued regarding lost time on the market if the sale where to fall through, the economy continuing to improve, welcoming a new business owner, and whether the For Sale sign would remain in place during the purchase agreement. Motion by Council Member Love, seconded by Council Member Paar to approve the submitted purchase agreement with Section 8, o. Zoning. The present zoning of the parcel is B-1, Commercial. All in favor. Motion carried. 2. Potentially Dangerous Dog Appeal Motion by Council Member Fehrenbacher, seconded by Council Member Paar to reaffirm Centennial Lakes Police Department Chief Coan’s designation of Ty, 6 year 9 month old male, beagle/mix, DOB 09/23/2008, residing at 1682 Lakeland Circle being deemed Potentially Dangerous Dog. All in favor. Motion carried. X. COUNCIL & ADMINISTRATION ANNOUNCEMENTS 1. Council & Staff Reports Administrator Ericson was on vacation so no report was given from the Administrator. Public Works Director Palzer stated that the basketball hoop had been installed at Laurie LaMotte Park along with the backstop fencing and hockey rink fencing. Mr. Palzer also stated that the crack filling project would commence during the upcoming week. Council Member Paar questioned whether the streets that had received the recent Mill and Overlays would be included in the project and Mr. Palzer stated not this year. Engineer Statz stated that the City was in receipt of FEMA’s determination letter regarding the revised floodplain that the previous City Administrator and Rice Creek Watershed District had Page 4 of 6 City of Centerville Council Meeting Minutes July 8, 2015 been working on and it is anticipated that once the City approved the new maps and updates its current ordinance the process would be completed by December, 2015 with new maps being available to the City within two months. Engineer Statz also reported that the City’s Wellhead Protection Plan (dated 2007/2008) is required to be updated by the Minnesota Department of Health and Staff will commence working with them to comply with their requirement. Discussion ensued regarding requirements, amount of modifications that need to be made due to the Royal Meadows water connection project and removal of the majority of wells within that area which is in the Wellhead Protection Area and the 2015 capping of those wells that remained from the 2014 project. Council Member King questioned whether there were additional change orders associated with the CSAH21/Centerville Road project. Engineer Statz stated that Anoka County will be asking Council to reapprove a previous change order but nothing else. Council Member King stated that the Parks & Recreation Committee was currently meeting in the Administrative Offices and he was unable to attend due to his attendance at this evenings meeting. Council Member King also reported that there was no new information from North Metro Telecommunications Commission. Council Member Fehrenbacher stated that there was no police meeting this past month. Council Member Paar stated that the Centennial Lakes Fire Steering would be holding interviews for a Fire Chief and discussing budgeting items at its regularly scheduled meeting tomorrow evening. Council Member Paar also reported that the Fete des Lacs Celebration was fast approaching and listed all of the events: Lions’ softball and kickball tournaments taking place at LaMotte Park on July 17, 18 and 19, 2015 with a live band at Kelly’s Korner on the evening of July 18, 2015. Council Member Paar stated the following weekend, July 25, 2015 would be the 5K, 8K and Kids Fun Runs at LaMotte Park, the parade down CSAH14/Main Street at 11:00 am. and fireworks at dusk at LaMotte Park. Council Member Paar also stated that there would be Free th Comfort Yoga at Hidden Spring Park at 3:00 p.m. on the 25 also. Council Member Paar requested if individuals or businesses were still interested in participating in the parade to register on the City’s web site. Council Member Love reported that the Planning & Zoning Commission meeting had been cancelled due to the Independence Holiday and lack of items of discussion. Mayor Wilharber stated that the City of Circle Pines has experienced a significant number of dog bites and their Council has appointed the City Administrator as their Appeal Officer and requested that Administrator Ericson discuss this issue with Administrator Keinath as it may be something that Centerville would like to consider. Attorney Glaser stated that the Appeal Officer hears the appeal, incorporates evidence provided by the Police Department and drafts a recommendation for Council to consider. Page 5 of 6 City of Centerville Council Meeting Minutes July 8, 2015 Mayor Wilharber reported that some businesses and residents were confused as to what events were taking place this upcoming weekend and what events would take place next weekend. Staff has created a flyer to assist publicizing the event and placed them at local businesses and discussed the information with owners/operators. Mayor Wilharber provided that Anoka County continues to work diligently on CSAH21/Centerville in preparation of the final lift of asphalt and reported that Anoka County Project Manager Mr. Bruce Luikart has been wonderful to work with. Mayor Wilharber also requested that vehicle traffic be kept to those that reside along the roadway for the safety of the workers and that there is a regular police presence. Mayor Wilharber recessed the regularly scheduled meeting at 8:32 p.m. to the scheduled Closed Executive Session XI. CLOSED EXECUTIVE WORK SESSION 1. 1691/1695 Main Street Purchase Agreement Council discussed the status of the agreement. Mayor Wilharber closed the Closed Executive Work Session at 8:47 p.m. Mayor Wilharber re-opened the regularly scheduled Council Meeting at 8:48 p.m. Motion by Council Member Fehrenbacher, seconded by Council Member Love Authorized City Attorney Glaser to Enter Into Settlement Negotiations with the Purchasers and Authority to Fund Up to $2,500 to Secure a Settlement. Council Member Paar opposed. Motion carried. XII. ADJOURNMENT Motion by Council Member King, seconded by Council Member Paar to Adjourn the Regularly Scheduled Council Meeting of July 8, 2015 at 8:49 p.m. All in favor. Motion carried. Transcribed by City Staff Member Teresa Bender, City Clerk Page 6 of 6