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Home My WebLink About2015-10-28 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING October 28, 2015 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of October 28, 2015 at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King Council Member Jeff Paar Council Member D. Love ABSENT: None. STAFF: City Administrator Mike Ericson City Attorney Kurt Glaser City Engineer Mark Statz I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE III. APPOINTMENTS/PRESENTATION 1. Mr. Lou Suski, Gaughan Companies & Mr. Dan Huffman, ISD# 12 a. Purchase Offer -1737 Main Street & Abutting Property Mr. Suski was unable to attend the meeting – item will be discussed at the next Council meeting. IV. PUBLIC INPUT 1. None. V. APPROVAL OF THE AGENDA Mayor Wilharber added Checks #29803-29811 and Pages #1a-1h to VI. Approval of Minutes, Item #1 and Pages 251a-251b to IX. New Business, Item #2. Motion by Council Member Fehrenbacher, seconded by Council Member Love to approve the Agenda with the above stated amendments. All in favor. Motion carried. VI. APPROVAL OF MINUTES City of Centerville Council Meeting Minutes October 28, 2015 1. October 14, 2015 City Council Meeting Minutes Mayor Wilharber provided Council Members with an opportunity to amend the presented minutes. Motion by Council Member Paar, seconded by Council Member King, to approve the minutes of the October 14, 2015 City Council Meeting as presented. All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville October 14, 2015 through October 28, 2015 Claims (Check #29789-29802) & (Check #29803-29811) 2. Centennial Lakes Police Department Claims through September 24, 2015 (Check #10567-10590) 3. Centennial Fire District Claims through October 15, 2015 (Check #7165-7182) & (Check #7161-7164 Payroll) 4. Embedded Systems, Inc. Annual Contract Renewal – Tornado Siren Maintenance 5. Approve Resignation of Planning & Zoning Commissioner Mr. James Flint & Vacancy Advertisement Mayor Wilharber questioned whether a plaque or certificate for service should be presented to Mr. Flint for his years of service. Administrator Ericson stated that it is customary and a very nice way of showing the City’s appreciation. Administrator Ericson stated that information will be brought back to Council. Motion by Council Member King, seconded by Council Member Fehrenbacher, to approve the Consent Agenda as presented. All in favor. Motion carried. VIII. OLD BUSINESS 1. Res. #15-0XX – Approving Joint Powers Agreement Between the City of Lino Lakes and Centerville Regarding Maintenance of West Cedar Street Administrator Ericson stated that subsequent to Council’s direction of your last meeting, Attorney Glaser made modifications to the original document which is provided for Council’s consideration this evening. Lengthy discussion was had regarding lack of benefit to the City of Centerville until such time st that the roadway extends to 21 Avenue, costs for maintaining a roadway that the City of Lino Lakes requested the City to pay only 10% of, and approved agreements prior to any work commencing that the City of Lino Lakes anticipates the City of Centerville paying for. Engineer Statz suggested that removing all language contained in AGREEMENT, 2. Division of Cost, a. Page 2 of 6 City of Centerville Council Meeting Minutes October 28, 2015 Motion by Council Member Love, seconded by Council Member Fehrenbacher to Remove Section 2. Division of Cost and Approve Agreement. All in favor. Motion carried. Council Members Paar & King opposed (3/2) vote 2. Res. #15-037 – Approving Plans & Specifications and Ordering Advertisement for Bids on 2016 Thin Mill & Overlay Project Engineer Statz apologized for the length of the document that was contained in Council’s packet by stating that generally the Council only receives the plans, stated that bids would be received on December 2, 2015 prior to Council’s December 9, 2015 meeting due to their request to have the anticipated amounts for budget consideration. Motion by Council Member Love, seconded by Council Member Paar to Approve Res. #15-037 – Approving Plans & Specifications and Ordering Advertisement for Bids on 2016 Thin Mill & Overlay Project as Presented. All in favor. Motion carried. IX. NEW BUSINESS 1. Consider Purchase Offer for City Owned Property at 1737 Main Street & Vacant Abutting Lot PIN #23-31-22-21-0058 Due to Mr. Suski’s absence, item will be discussed at Council’s next meeting. 2. Presentation of Findings – Potentially Dangerous Dog Appeal “Rio” Administrator Ericson stated that he and Attorney Glaser held a Potentially Dangerous Dog Appeal hearing prior to the October 14, 2015 Council meeting. He prepared his findings for Council and invited the dog owners to the Council meeting. His report reaffirmed the designation of “Rio” as Potentially Dangerous per Chief Coan’s designation. Attorney Glaser stated that the dog must be licensed as Potentially Dangerous, prove that it has current vaccinations, be microchipped, under control of someone older than 16 years of age, have a proper enclosure and be leashed and muzzled (gentle leader for smaller breeds) while outside of the proper enclosure. Motion by Council Member Fehrenbacher, seconded by Council Member Paar, to affirm Chief Coan’s designation of “Rio” as Potentially Dangerous. All in favor. Motion carried. 3. Call for a Public Hearing – Kelly Property/Easement/Trail – 7258 Mill Road Attorney Glaser stated that in an attempt to save litigation costs and gain a permanent easement for the City’s trail along the front of the Kelly property calling for a public hearing to commence eminent domain proceedings which would be necessary to gain easements for the trail and utilities in the area. Attorney Glaser also stated that the Kelly’s are stating that from their property line to the edge of the street, which includes the City’s trail, is not a part of public land Page 3 of 6 City of Centerville Council Meeting Minutes October 28, 2015 (aka “common land”) and the trail is not a roadway so it has become their private property. The Kelly’s do not desire to enter into negotiations for an easement at this time. Attorney Glaser stated that the Kelly’s lawsuit was filed in 2011 upon the City’s construction of the trail, is the only lawsuit filed associated with the trail and is the only property involved in this situation. Motion by Council Member King , seconded by Council Member Love to Order a Public Hearing Commencing Eminent Domain Proceedings Associated with Gaining an Easement for the Trail and Associated Public Utilities the Front Property Line of 7258 Mill Road for the December 9, 2015 Council Meeting. All in favor. Motion carried. 4. Review Metropolitan Council’s 2015 System Statement - Centerville. Administrator Ericson stated that provided in Council’s packet was the Metropolitan Council’s 2015 System Statement – Centerville specific and that this document would assist the City Staff in amending the City’s current Comprehensive Plan. Administrator Ericson noted that there were some minor corrections with population estimates that would need to be corrected, however, the systems takes a picture of where the City is today. Lengthy discussion ensued regarding affordable housing, how the numbers are derived, use of other criteria as in the past to incorporate Centerville’s diverse housing market and future grant accessibility. Mayor Wilharber stated that no action is need on this item as it is to be utilized as a tool for updating the City’s Comprehensive Plan and assist staff and Council in determining future needs. X. COUNCIL & ADMINISTRATION ANNOUNCEMENTS 1. Administrator Ericson Administrator Ericson stated that he recently attended Anoka County’s first Upriver Economic Development – Getting Deals Done in Anoka County meeting. Administrator Ericson stated that it was attended by County Commissioner Rhonda Sivarajah, local community leaders, commercial brokers, and partners for financing/grants provided an excellent opportunity for the City to invite businesses to their communities. Administrator Ericson also stated that the gathering provided an opportunity to network, that he and staff had drafted a Community Profile and PowerPoint that he made available to individuals that were interested. Administrator Ericson provided the information to Council for their review. Administrator Ericson also stated that he was recently asked to participate in a recent Sensible Land Coalition meeting where he was a panelist on a “Dating Game” acting as a City Administrator and developers were the suitor. Administrator Ericson stated that he had invited Mr. Suski to attend both events. Page 4 of 6 City of Centerville Council Meeting Minutes October 28, 2015 2. Council Attorney Glaser stated that the recent software upgrades for the law enforcement component of the prosecutors computer system within Anoka has been down but it is anticipated to streamline operations between the differing entities. Attorney Glaser also stated that the Ticket Education program is also receiving updates and that he is currently speaking with the Centennial Lakes Police Commission Administrators regarding an expanded scope of program offerings. Mayor Wilharber had concern regarding potential for the State of Minnesota being able to come after the City for fees generated through the system. Attorney Glaser stated that the Supreme Court and District Court turned down several cases previously and are not interested along with new legislation in the 2016 session associated with these revenues. Engineer Statz stated that the Planning & Zoning Commission held a public hearing regarding Parking Requirements (City Code 156) and Flood Plain. Engineer Statz stated that both of these items will be on Council’s next agenda. Council Member Paar had concern regarding maintenance responsibility of grass near the Mayor’s home and east side of Meadow Lane up to Dupre Road. Engineer Statz stated that it would be the abutting property owners responsibility and generally the County maintains such areas as they have equipment that will accommodate those services. The current agreement with Anoka County states that the abutting property owners are responsible. Council Member Paar suggested forwarding notice to the property owners. Engineer Statz stated that he would speak with Public Works Director Palzer regarding the City’s maintenance plan and bring that information to Council. Administrator Ericson stated that he and Staff met on site with school staff to discuss their parking facility plan, green space needs, purchase of the City’s property and inaccuracies of the County’s valuation of 1737 Main Street. Council Member Fehrenbacher felt strongly that if would be financially beneficial for the property to be purchased by an entity that was not tax exempt. Administrator Ericson also stated that the City had just received information regarding the School District’s eminent domain proceedings against Mr. Paul Steffel owner of 1709 Main Street. Engineer Statz questioned whether the School District was aware of the City’s Downtown Redevelopment plans and parking necessities for future growth. Administrator Ericson stated that he is willing to schedule a meeting between Staff and the School District to inform them of the City’s Redevelopment Plan and parking requirements related to the plan. Attorney Glaser stated that the School District is also working with other neighboring property owners for securing their property also. Discussion ensued regarding purchase of a new squad car for the Police Department, photo with Mayors of the cities and promotion of two sergeants to lieutenants. Administrator Ericson stated that he would arrange a time for a photo with all Mayors affiliated with the Centennial Lakes Police Department. Page 5 of 6 City of Centerville Council Meeting Minutes October 28, 2015 XI. ADJOURNMENT Motion by Council Member Paar, seconded by Council Member Fehrenbacher, to Adjourn the Regularly Scheduled Council meeting of October 28, 2015 at 7:45 p.m. All in favor. Motion carried. Page 6 of 6