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HomeMy WebLinkAbout2006-08-23 CCCITY OF CENTERVILLE CITY COUNCIL MEETING AUGUST 23, 2006 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on August 23, 2006, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Lee Council Member Paar Council Member Terway Council Member Lakso ABSENT: None STAFF: City Engineer Statz City Attorney Glaser Finance Director Meyer I. CALL TO ORDER Mayor Capra called the August 23, 2006, City Council meeting to order at 6:34 p.m. II. PUBLIC HEARINGS None. III. APPROVAL OF AGENDA Mayor Capra noted the following items have been added: Old Business: Item 2 “Centerville Lion’s Fete des Lacs 2006 Expenditures”, and Item 3, “Fete des Lacs 2006 Parade Expenditures.” New Business: Item 2 “Resolution #06-041 – Proclaiming September 17-23, 2006 as Constitution Week”, Item 4 “Resolution #06-043 – Accepting Bid & Awarding Contract for Demolition of 7071 & 7073 Centerville Road”, Item 5 “Resolution #06-044 – Awarding Contract to Cross Country Underground, Inc. to Install Watermain on Westview Street”, and Item 6 “Trio Inn – Notice of Liquor Liability Insurance Cancellation”. Council Member Lee requested an item be added under Awards/Presentations: “Accommodation for Centennial Lakes Police Department Click It or Ticket Campaign”. Motion by Council Member Terway, seconded by Council Member Paar to approve the agenda as presented. All in favor. Motion carried unanimously. City of Centerville Council Meeting Minutes August 23, 2006 IX. ANNOUNCEMENTS/UPDATES Mayor Capra requested Item 6 be heard at this time. 6. Potentially Dangerous Dog – 1742 Ojibway Drive (“Bandit”) Mayor Capra stated Mr. Roloff was in attendance to discuss his dog, Bandit. She indicated he was moving soon and would not be in attendance at the September Council meeting. Mr. John Roloff, 1742 Ojibway Drive, stated his dog is a Lhasa Apso, which is a watch dog. Mr. Roloff clarified that there had been a total of two (2) police reports filed within the last six (6) months regarding Bandit biting children. Mr. Roloff explained that the first incident took place in Andover while he was on vacation. Bandit was being cared for by Mr. Roloff’s caretaker. A neighborhood child was in her home. Bandit bit the child on the arm when the child tried to kiss Bandit. Mr. Roloff explained that during this time, Bandit was being treated for an ear infection. Mr. Roloff stated that Bandit’s ear was sensitive and he did not like his head being touched. Mr. Roloff stated that the child had been instructed to leave Bandit alone prior to the bite and Mr. Roloff felt that Bandit had been provoked. Mr. Roloff stated that the most recent incident occurred in his home while the dog was on a leash and secured to his wheelchair. Mr. Roloff explained that his caregiver brought her daughter with her to work that day. Mr. Roloff explained that both the caregiver and the daughter had been previously warned that Bandit did not play well with children. Mr. Roloff stated that the girl had been sitting on the floor near him and Bandit. Mr. Roloff stated that neither he nor the mother had witnessed what precipitated that dog bite. Mr. Roloff stated that recently he had lost his wife and thanked Emergency Response Personnel for repeatedly and respectfully responding to the numerous medical emergencies that occurred at his home in the past for both he and his wife. Mr. Roloff also stated that during these visits, Bandit did not bite anyone. Mr. Roloff stated that he keeps Bandit on a leash when outside or when company is in his home. Mr. Roloff stated that he on occasion has muzzled Bandit went he felt it was necessary. He stated that when a child is visiting his home, the dog is put in a bedroom. Mr. Roloff stated that a friend is currently caring for Bandit and Bandit is no longer residing in Centerville. Mr. Roloff desired Council to know that Bandit took care of him and was his “eyes” and protector. Mr. Roloff felt that he could not have asked for a more loving, alert, protective and responsive dog. Page 2 of 9 City of Centerville Council Meeting Minutes August 23, 2006 Mr. Roloff stated that he desired to inform Council of Bandit’s protective nature by sharing a previous incident with them. Mr. Roloff stated that while retrieving his mail from his mailbox he fell out of his wheelchair. A neighbor who witnessed the incident provided assistance in getting up from the ground and back into the wheelchair. Mr. Roloff stated that Bandit and his leash had been attached to the wheelchair during this incident. Mr. Roloff stated that Bandit snapped at the neighbor who was providing the assistance. Mr. Roloff stated that no police report had been filed in regards to this incident. Mayor Capra asked where the dog is presently located. Mr. Roloff responded the dog was being taken care of at a townhome in Blaine by an 86 year old man. He stated his friend was dying, liked Bandit, and he hoped the dog gave his friend a reason to live. He stated he could bring Bandit up to the office doors when he gets his dog license and everyone likes him. Mayor Capra thanked Mr. Roloff for his comments. She stated they needed to speak with the attorney and see what they could do with the dog. She stated if they needed more information from him, they would have staff contact him. Mr. Roloff noted he was legally blind and the dog was a god send to him. IV. APPROVAL OF COUNCIL MINUTES 1.August 9, 2006 City Council Work Session Minutes Motion by Council Member Lakso, seconded by Council Member Paar to approve the August 9, 2006 City Council Work Session Minutes as amended. All in favor. Motion carried unanimously. 2.August 9, 2006 City Council Meeting Minutes Motion by Council Member Lakso, seconded by Council Member Terway to approve the August 9, 2006 City Council Meeting Minutes as amended. All in favor. Motion carried unanimously. V. CONSENT AGENDA 1.City of Centerville August 10, 2006 through August 23, 2006 Claims 2.Centennial Fire District Claims through August 21, 2006 3.Centennial Lakes Police Department Claims through August 10, 2006 4.Pipe Services Corp. – Scheduled Cleaning of Sewer Lines - $28,765.25 Council Member Lakso requested under Claims 021585 and Claims 021610 be pulled. Page 3 of 9 City of Centerville Council Meeting Minutes August 23, 2006 Motion by Council Member Terway, seconded by Council Member Paar to approve the Consent Agenda removing Claims 021585 and 021610. All in favor. Motion carried unanimously. Claims 021585 and 021610 Council Member Lakso questioned why these two checks were for the same vendor. Finance Director Meyer responded they were for health insurance payments. Motion by Council Member Lakso, seconded by Council Member Paar, to approve Claims 021585 and 021610. All in favor. Motion carried unanimously. VI. AWARDS/PRESENTATIONS/APPEARANCES 1. Accommodation for Centennial Lakes Police Department – Click It or Ticket Campaign Council Member Lee recommended Council give accommodation to the officers involved in the recent Click It or Ticket Campaign. He stated the Centennial Offices outshined any officers in the state. He suggested the Council recommend to the Police Governing Board to recommend accommodation for all of the officers involved. Council Member Lakso stated her support. Motion by Council Member Lakso, seconded by Council Member Lee to recommend accommodation for the officers involved in the Click It or Ticket Campaign. All in favor. Motion carried unanimously. VII. OLD BUSINESS 1.CSAH 14 Joint Powers Agreement – Backage Road/Industrial Park Wetland Credit (Bank Coordinator/Board of Water and Soil Resources) - $25,148.20 (Continued from previous meeting) City Attorney Glaser stated there was not a lot going on with this item. Engineer Statz stated they recently had a meeting to discuss this issue. He noted MnDOT was accommodating once they understood the project and the changes to the design. Council Member Terway asked why MnDOT thought the entire roadway was going to be street scaped. Mayor Capra responded they did not know and it was not in the plan. Engineer Statz stated they had an issue if the streetscape was too expensive. He stated that is what led to the confusion. He stated he believed everything had been taken care of and they would be moving forward. Page 4 of 9 City of Centerville Council Meeting Minutes August 23, 2006 2. Centerville Lion’s Fete des Lacs 2006 Expenditures Mayor Capra stated she believed there was no action needed and this was an informational item. 3. Fete des Lacs 2006 Parade Expenditures Mayor Capra stated she believed there was no action needed and this was an informational item. VIII. NEW BUSINESS 1.Resolution #06-040 – October 2006 Domestic Violence Awareness Month Mayor Capra stated they did this yearly and October was Domestic Violence Awareness Month. She stated Alexander House has an Open House coming up in October and if any Council Member were interested in attending, to let her know. Council Member Lakso requested this be added to the website also. Motion by Council Member Lakso, seconded by Council Member Paar, to approve Resolution #06-040 – October 2006 Domestic Violence Awareness Month. All in favor. Motion carried unanimously. 2.Resolution #06-041 – Proclaiming September 17-23, 2006 as Constitution Week Council Member Lakso read the proclamation proclaiming September 17-23, 2006 as Constitution Week. Motion by Council Member Lakso, seconded by Council Member Paar, to approve Resolution #06-041 – Proclaiming September 17-23, 2005 as Constitution Week. All in favor. Motion carried unanimously. 3.Resolution #06-042 – Awarding Bid & Awarding Contract for Demolition of 1601 LaMotte Drive City Attorney Glaser reported that no body responded to this bid. He stated the preferred method was to rebid the project. He stated they could do some of the demolition work with CSAH14, which would allow them more time to rebid the project. Finance Director Meyer suggested they table this Resolution and Resolution 06-043 for further information. Motion by Council Member Lakso, seconded by Council Member Terway to table Resolution #06-042 - Awarding Bid & Awarding Contract for Demolition of 1601 LaMotte Drive and Resolution #06-043 – Accepting Bid & Awarding Contract for Page 5 of 9 City of Centerville Council Meeting Minutes August 23, 2006 Demolition of 7071 & 7073 Centerville Road. All in favor. Motion carried unanimously. 4.Resolution #06-043 – Accepting Bid & Awarding Contract for Demolition of 7071 & 7073 Centerville Road This item was tabled. 5.Resolution #06-044 – Awarding Contract to Cross Country Underground, Inc. to Install Watermain on Westview Street City Attorney Glaser stated he had reviewed the contract and suggested warranty language be added. He stated he has tried to contact Cross Country, but has received no response. He reviewed his recommendation for the warranty language. Mayor Capra stated she would like to defer to the Engineer’s and Attorney’s recommendation. Council Member Lee stated he would prefer if there was one contractor with one contract. City Attorney Glaser stated he has only seen one contract, but he understood there might be two contracts. Council Member Paar stated he did not have a problem with this as long as it was within the budget. Motion by Council Member Terway, seconded by Council Member Lakso to direct staff to finalize this project as long as it remained within the allotted budget. All in favor. Motion carried unanimously. 6. Trio Inn – Notice of Liquor Liability Insurance Cancellation Mayor Capra stated she had spoken with staff about this cancellation and was recommending staff follow the guidelines of the ordinance. Council Member Lee stated it was his understanding their license renewed in September instead of January and he recommended they amend their ordinance to make sure the insurance portion go January to January every year so they did not need to address this each year. Mayor Capra noted this had been discussed at great length with the liquor license holders. City Attorney Glaser stated they could add this yearly review as an additional fee. Mayor Capra recommended this be added to the Best Practices. Motion by Council Member Lee, seconded by Council Member Paar, to direct staff to follow the guidelines of the ordinance. All in favor. Motion carried unanimously. Page 6 of 9 City of Centerville Council Meeting Minutes August 23, 2006 IX. ANNOUNCEMENTS/UPDATES 1. City Administrator, Mr. Dallas Larson. Finance Director Meyer stated they added money to the budget for the celebration next year per the request of Council. 2. CSAH14 (Update) Finance Director Meyer stated they were working on the environmental review. 3. Downtown Redevelopment/St. Genevieve Property Mayor Capra stated she has spoken with staff about this and when they declared a TIF District, the tax increment they collected had to be re-spent in the district. Finance Director Meyer stated they only had the one TIF District. Mayor Capra stated she had spoken with Father Fitzgerald about the sale of the lakeside property and the City having the first refusal if the property was every sold. She asked if the Council was in favor of this proposal. Council Member Lee stated he was in favor, but he was not inclined to include this in the TIF district unless it occurred. Mayor Capra noted right now this was zoned as public property, which puts limitations on it. Council Member Terway stated he was in favor of looking into this and seeing what they needed to do to make it work. He stated he was concerned about what the cost of the property would be. Council Member Glaser stated if the City were paying more than market value for the property, they would need to justify why they were doing this. Mayor Capra noted Father Fitzgerald had stated he wanted this to remain as open space for the citizens if it was sold. Council Member Paar stated he was in favor of this, but he believed after next year the City would be strapped for cash. Motion by Council Member Lee, seconded by Council Member Terway, to direct staff to prepare a First Right of Refusal for the Church of St. Genevieve Property. All in favor. Motion carried unanimously. City Attorney Glaser reminded the Council that they needed to keep in mind any property they wanted to keep in the Downtown development. Page 7 of 9 City of Centerville Council Meeting Minutes August 23, 2006 Council Member Lee stated he would like to see the St. Genevieve property remain open space. 4. Centerville Sesquicentennial Mayor Capra stated they would have their 150 year celebration next year. She asked if the Council wanted to form an ad hoc committee for this celebration and indicated she had some ideas the committee could work on. She stated if there were any citizens or business owners that want to be included on this committee, to email her or the City Hall. She noted there was a two story log house within the blue house located downtown. She indicated the existing home had been built around the log house. She stated she had asked if it would be possible to take apart the house, preserving the log cabin. She stated she was still looking at the possibilities and indicated this log cabin could be one the oldest existing structures in the City. Council Member Lee stated his only reservation would be the cost of removing the existing home and moving the cabin. Council Member Terway noted they needed to think about that if it goes, it was gone and there was no chance of finding out if it was significant in terms of historical. He asked the Council to be cautious and make sure there was no historical significance to the log home. 5.2007 Budget/Levy Finance Director Meyer stated he had studied what the impact would be to the tax impact on a $309,000 home and the impact would be three percent. 6. Potentially Dangerous Dog – 1742 Ojibway Drive (“Bandit”) City Attorney Glaser stated they lost jurisdiction once the dog left the community, and if Mr. Roloff remained a citizen within the community, they could work with him, but he understood Mr. Roloff was leaving the community to go to an assisted living care facility. He stated the City did not have to require destroying the dog and there were other alternatives they could look at if the dog came back into the community. Council Member Paar stated Mr. Roloff had named three incidents where people had been bitten and he believed the dog was dangerous and they had to follow the ordinance. Council Member Lee stated once there was an issue he believed the dog should be held in quarantine for due process and if the dog was returned to the owner, it should be micro chipped. Mayor Capra believed the Police should take photographs of the dog, but she did not believe it was necessary to quarantine and hold the dog. She stated she was not opposed to micro chipping, but they needed to follow the due process. Page 8 of 9 City of Centerville Council Meeting Minutes August 23, 2006 Council Member Lee stated the costs of holding the dog should be paid by the owner. Mayor Capra asked what would happen if they found out the dog had been provoked, who would pay for the holding of the dog. Mayor Capra recommended staff work on this. 7. Linda Broussard Vickers Day Council Member Paar stated August 29 is Linda Broussard Vickers Day. X. ADJOURNMENT Motion by Lakso, seconded by Terway, to adjourn the August 23, 2006 City Council Meeting at 7:50 p.m. All in favor. Motion carried unanimously. Transcribed by: Kathy Altman, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 9 of 9