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HomeMy WebLinkAbout2007-01-10 CCCITY OF CENTERVILLE CITY COUNCIL MEETING JANUARY 10, 2007 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on January 10, 2007 at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Tom Lee Council Member Jeff Paar Council Member Michelle Lakso Council Member Linda Broussard ABSENT: None. STAFF: City Engineer Mark Statz City Administrator Dallas Larson City Attorney Kurt Glaser I. CALL TO ORDER Mayor Capra called the January 10, 2007, City Council meeting to order at 6:30 p.m. II. PUBLIC HEARINGS None. III. SET AGENDA Council added: Schwan’s Super Rink. Motion by Council Member Paar, seconded by Council Member Lakso to approve the Agenda as amended. All in favor. Motion carried unanimously. IV. APPROVAL OF COUNCIL MINUTES 1. December 27, 2006 City Council Meeting Mayor Capra asked to add acknowledgement of reserve officers for CLPD. Motion by Council Member Lakso, seconded by Council Member Paar, to approve the December 27, 2006 City Council meeting Minutes as amended. All in favor. Motion carried unanimously. City of Centerville Council Meeting Minutes January 10, 2007 Council Member Broussard abstained from voting. V. CONSENT AGENDA 1.City of Centerville December 28, 2006 through January 10, 2007 Claims 2.Centennial Fire District Expenditures through January 2, 2007 3.TimeSaver Off Site Secretarial – 2007 Contract 4.Parks & Recreation Committee Recommendation for Council to Consider Allocating Funds from the General Fund, Not to Exceed $600, For Horse Drawn Hayride from Bunker Stables for a Community Event in 2007 5.Proposed Agreement Between City & MessageLabs – Junk Email Security Motion by Council Member Lakso, seconded by Council Member Paar, to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. VI. AWARDS/PRESENTATIONS/APPEARANCES None. VII. OLD BUSINESS 1. Sedona Homes – Re-Plat Preliminary Plat & Conditional Use Permit Request th 7035 – 20 Avenue South Mr. Paul Keleher addressed the Council and provided a drawing showing a cornice and window awnings along with color changes to match the colors on the existing buildings. He also pointed out that more stone has been added to the building and the landscaping has been enhanced to match or be more similar to the existing structures. Mr. Keleher indicated that they have provided screening with trees to eliminate headlight wash onto adjoining property. Mr. Keleher indicated that they have added a skyline honey locust tree on either side of the building and landscaping that will grow and soften the look of the building. Mayor Capra indicated that she had called Mr. Keleher regarding the cornice on the taller piece and asked to have it extend along the north and east wall of the building and not just along the tower. Mayor Capra asked why gray instead of matching. Mr. Thomas, the architect, indicated that they have attempted to use contrasting colors to make the building look smaller than it is. He then said that the lower half of the tower will be stone and the top of it will be roof shingles that match the roof on the existing buildings. Page 2 of 11 City of Centerville Council Meeting Minutes January 10, 2007 Mr. Thomas indicated that they are using the same columns but in bigger scale and have used the awning in front to bring the height down. He then explained that having the tower a contrasting color draws the eye to the front entry of the building. City Engineer Statz asked if the awnings will match in the back. Mr. Thomas said that he likes the cantilevers to keep water off of people coming and going. City Engineer Statz asked about parking space size. Mr. Barassa said that they took the City Code and made the bulk of the stalls 9 by 18. Council Member Lee asked the overall height of this building. Mr. Thomas said they were at 38 feet but the tower is higher. He then said that this is three full stories and 42 feet. Mayor Capra said that she thinks they have come a long way but she is a little disappointed that the cornice is not going all the way around the building but they have done a great job on the front of the building. Council Member Paar thanked the developer for redoing the drawing and working with the City. He then said that he would like the cornice on the sides that are most visible to drive by traffic. He further said that he would like the trail easement and park fees taken care of. City Attorney Glaser explained that all of the outstanding issues have been worked out along with the parking. Council Member Paar asked whether the new pictures have gone to Planning and Zoning. Mayor Capra indicated that the Planning Commission will not be reviewing the matter any more. Council Member Paar asked if there is anyone that is against this structure present or that would like to comment on the building. Mr. Steven King, 1724 Sorel Street, said that he has never seen shingles used as siding. Michael Werner, from Centerstone Title, who owns a building, said he would like to show support for the project as he thinks it will bring in more people to the area and he thinks the building matches up well with the existing buildings in the project. Page 3 of 11 City of Centerville Council Meeting Minutes January 10, 2007 Council Member Lee thanked them for the efforts on the building but he is not sure that he likes the shingles as a decorative feature. He then said that he thought the cornice was to go around the whole building on top and he is still not comfortable with the height. Council Member Lee asked if Staff heard from the neighbors to the west of the project. He then said that he is concerned that later they will not like the building. Council Member Lakso said she likes the look of the building but does not think the cornice will help the height any so she would like to discuss the CUP conditions. Her main concern is the height. She then read the CUP standards. Council Member Lakso said that she does not know that this particularly contributes to the community by providing a desirable service. Council Member Lakso said she appreciates the architecture but she thinks this is too tall and not able to meet all of the conditions of the CUP for the reasons she listed. Council Member Broussard said that she likes the way the building is drawn now and it seems to be a good compromise with what is there, the style the City is looking for, and what is across the street. She then said that if the entire building has cornice all the way around it would single the building out and make it look too out of place. Council Member Broussard said that there are standards in place at different times and the market dictates this size of a building in terms of viability on the market for sales. She then said that the CUP is available to the City to use and when she looks at general welfare, an improved tax base would improve the general welfare for the overall City. She further said that everything that was asked for they have come forward with and answered and she thinks that this is a very good compromise that may appear in another area of the City at some point and the two structures that are next to it. Council Member Broussard said she likes the building and feels it meets the conditional use requirements. City Attorney Glaser said that there are two decisions to make because this abuts residential they must design some form of buffer zone and that is why the trees were added to screen. He then said that the other issue is ensuring that the conditions for granting a CUP are met. City Attorney Glaser indicated that there is no one from neighboring property owners to say whether they feel the building would be adverse to their property values. He then said that the City may impose conditions that Council feels appropriate to minimize injurious effects on the neighborhood. He further said that the engineer authored a parking memo and there is a suggestion to add into the CUP a condition that parking must be adequate to serve all uses within the project and the Developer has no objection to that. Page 4 of 11 City of Centerville Council Meeting Minutes January 10, 2007 Council Member Broussard questioned why this would require a variance. City Engineer Statz stated that since this is a replat the City is re-looking at the standards and there was some discussion that the variance was granted with the idea that there would be a bunch of the small buildings and now with this replat the whole parcel is being considered and he parking would require a variance. Mayor Capra thanked the Developer for coming back with a different plan but said that she would have liked to see the cornice all the way around the top of the building and stone on the tower all the way rather than shingles. She then said that she thinks this is a very tall building and it does not fit the neighborhood so she has some concerns about evidence to establish granting the CUP. Council added Condition L for parking at the recommendation of the City Engineer. City Attorney Glaser indicated that a condition for further review in a certain time period could be added if Council feels it appropriate to avoid injury to the neighborhood. Mayor Capra said she is concerned if conference rooms are added that they would need more parking. City Engineer Statz indicated that the CUP could be revoked if they change the operation of the building that creates more parking. Council and Staff discussed how the City could enforce the CUP should there be a change in use. Mayor Capra indicated that she is concerned because tenants do change and what works in this building now may not work with a different occupant. Council Member Paar indicated that he is very concerned about parking because it is adequate for about 65 people but if there is something that brings in a lot of people then there would be an issue with parking. He then said that, overall, they have done what the Council asked them to do with the design of the building. Mr. Bill Griffith, part of the design team, indicated that he met with Mr. Larson and Mr. Glaser to discuss the parking and said that this condition is not a concern for them because, if the owner of the building intends to intensify the use, the parking requirement would need to be met. Council Member Broussard asked for clarification on the actual height of the structure. Mr. Thomas explained that the building is 42 feet in height but the tower is 46 feet in height. Page 5 of 11 City of Centerville Council Meeting Minutes January 10, 2007 City Administrator Larson revised the documentation to include the amended plan date of January 5, 2007. Motion by Council Member Lakso, seconded by Council Member Paar, to approve th the Re-Plat, Preliminary Plat, and Conditional Use Permit Request for 7029 20 Avenue, Sedona Homes as amended. All in favor. Motion carried unanimously. Mr. Keleher thanked the Council for the help and said he thinks that this will be good for the community. VIII. NEW BUSINESS 1. Parks & Recreation Committee Recommendation for Council to Consider Allocating Funds from District Memorial Hospital Board Dissolution Settlement $17,383.12 to the Purchase of Skate Park Equipment for Laurie LaMotte Memorial Park Council Member Lee indicated the City received $17,383.12 from District Memorial Hospital and they requested that it be used for health related purposes and the Park and Recreation Committee feels that exercise benefits people’s health and that this would be a way to provide funds to them for parks. Mayor Capra said that she heard that more children own skateboards than baseball bats now. Mayor Capra said she would like to hold off on this decision until goal setting is done and the needs are evaluated. Council Member Broussard said that if Council agrees to purchase this equipment replacement would need to be budgeted because the equipment does not last forever. Council Member Lakso indicated that she would like to wait because she is not in favor of spending the entire amount because it is a limited scope of exercise for a few people and she would prefer to use the funds to benefit a larger number of residents. Council Member Paar indicated that he was at the meeting and the reason the equipment did not last was it was not good quality and Parks wants to replace it so kids have a place to skateboard. Council Member Lakso said that she thinks that $17,000 is a lot for three pieces of equipment. Motion by Council Member Lakso, seconded by Mayor Capra to table. Ayes -2, Nays – 3(Lee/Paar/Broussard). Motion failed. Page 6 of 11 City of Centerville Council Meeting Minutes January 10, 2007 Motion by Council Member Lee, seconded by Council Member Paar to use $17,383.12 from the general fund to replace the skate park equipment at Laurie LaMotte Park. Mayor Capra explained that she is not opposed to this but will not approve it tonight as she does not know what the 2007 budget has in it and feels that Council needs to do due diligence to the taxpayers by reviewing where the funds could best be used. Ayes - 3, Nays – 2(Lakso/Capra). Motion carried. 2. Resolution #07-001 – To Self-Administrate an Employee Benefit Plan with AFLAC Motion by Council Member Lakso, seconded by Council Member Paar, to approve Resolution #07-001 – To Self-Administrate an Employee Benefit Plan with AFLAC. All in favor. Motion carried unanimously. 3. Resolution #07-002 – Adopting the Anoka County Multi-Jurisdictional Hazard Mitigation Plan Mayor Capra indicated that Staff is looking into whether a public hearing is required to allow the public to review and comment. Motion by Council Member Paar, seconded by Council Member Lee, to table. All in favor. Motion carried unanimously. 4. Resolution #07-003 - Appointments Mayor Capra added City Staff as an alternate to the Solid Waste Advisory Committee. City Administrator Larson indicated that the Joint Powers Agreement does not specifically state that the City can have an alternate but, based on the Council’s policy on this type of matter, an alternate should be fine. Council Member Paar agreed to be an alternate to the Police Commission. Motion by Council Member Paar, seconded by Council Member Lakso, to approve Resolution #07-003 – Appointments. All in favor. Motion carried unanimously. 5. Planning & Zoning Commission Recommendations- Hanzal Subdivision a. Resolution ##07-004 – Associated with Respective Comprehensive Plan Amendments b. Proposed Ordinance #17 – Rezone from P-1 and R-5 to R-2 c. Preliminary Plat Approval Page 7 of 11 City of Centerville Council Meeting Minutes January 10, 2007 City Administrator Larson explained that the Planning Commission reviewed the request of Mr. Hanzal and has made a recommendation for approval of the Comprehensive Plan Amendment, the Rezoning, and the Preliminary Plat. He then explained that the City’s Code requires that utilities be available to the plat. Mayor Capra asked City Attorney Glaser to go over the laws on conflict of interest. City Attorney Glaser recommended starting with the appearance of impropriety. He then suggested that anyone with a business or personal relationship with Mr. Hanzal disclose that publicly. City Attorney Glaser explained that, as long as it is a fair exchange, there is no issue but it should be disclosed when you are a public official. Mayor Capra asked anyone with business transactions with Mr. Hanzal to disclose them. Council Member Lakso indicated that she had carpet laid by Mr. Hanzal and a quote on a door once and said that she does plan on using him again as a contractor in the future as he does good work. Council Member Paar indicated that he had Mr. Hanzal do work at his house and has all receipts for payments made. He then said that Mr. Hanzal and his wife are friends of his and his decision on this is that this is business for the City and he feels that Mr. Hanzal has done what is asked and he will base his decision on whether all requirements and requests of the City and City Staff are met. Mayor Capra said she knows him through Cub Scouts but has not had work done. City Administrator Larson reviewed the Comprehensive Plan Amendment request for the Council. Mayor Capra noted that this would mirror what the zoning from Peltier Preserve is. Council Member Broussard indicated that the public hearing had lots of comments and concern on the rezone because it was felt that would rezone down from R5 to R2 and residents were concerned with devaluing property and the size of the homes allowed in R2. Council Member Broussard indicated that Mr. Hanzal has indicated that the homes will be substantial and not small on these larger lots just as in Peltier Preserve. Mayor Capra asked if the development agreement can state the minimum size of the homes to be allowed on the lot. Mr. Hanzal agreed to minimum size homes to be negotiated with the development agreement. Page 8 of 11 City of Centerville Council Meeting Minutes January 10, 2007 Mayor Capra noted that Minutes from the public hearing at the Planning Commission were received by Council and reviewed. Council Member Broussard asked if Mr. Hanzal wanted to pay for the Comprehensive Plan Amendment even if the plan does not go through. City Attorney Glaser suggested getting a waiver on the time frame requirements so that this can all be done together. City Attorney Glaser asked Mr. Hanzal if he was willing to waive time requirements on the variance, Comprehensive Plan Amendment, Rezoning and Plat. Mr. Hanzal indicated that he would sign the waiver for the timeframe requirements. Motion by Council Member Lee, seconded by Council Member Paar, to table the Comprehensive Plan Amendment, Rezone, and Preliminary Plat and accept the waiver of time requirements from the Hanzals. All in favor. Motion carried unanimously. Council Member Broussard indicated that she would like to hear from any residents in attendance that would care to speak. Mr. John Krueger, 7368 Old Mill Road, asked that a public hearing on the variance issue be held at the Planning Commission meeting. City Administrator Larson indicated that the public hearing was closed but all interested residents are welcome to attend. He then invited the residents to attend the Planning Commission meeting on February 6, 2007. Mayor Capra indicated that she would like Planning and Zoning to take additional public comment at the February meeting on the Hanzal development. IX. ANNOUNCEMENTS/UPDATES 1.City Administrator, Mr. Dallas Larson City Administrator Larson indicated that Staff does not think it is necessary to pay overtime for flooding the ice rinks over the weekend but is asking for Council opinion on the matter. Council agreed to no overtime. 2. Center Mart’s Failure of Tobacco Compliance Check for 2006 For informational purposes. Page 9 of 11 City of Centerville Council Meeting Minutes January 10, 2007 3. Downtown Redevelopment None. 4. Centerville Sesquicentennial a. LaCompany 5. Council Recognition Mayor Capra indicated that sometimes there are requests for Council recognition so she would like to establish a policy to recognize individuals that are residents in the community or events or organizations that benefit the community. Council agreed. 6. Schwan’s Super Rink Council Member Paar will attend January 19, 2007 on behalf of the City. 7. Other Updates Council Member Lee provided an update on the Police Commission meeting. He then said that the Commission is considering a new position of Corporal to fall between Officer and Sergeant. Mayor Capra asked Council to consider authorizing engineering time for working with the Park on the design for the new park. Motion by Council Member Lee, seconded by Council Member Paar, to approve the use of engineering services by the Parks & Recreation Committee not to exceed $1,200. All in favor. Motion carried unanimously. Council Member Broussard explained that the Planning Commission is going over the Comprehensive Plan. Council Member Lakso explained that the Cable Commission is trying to work through alternate funding sources by selling TV commercial spots for area businesses. Council Member Broussard asked if the City has done anything on employee activities outside of the organization as recommended by the League of Minnesota Cities. City Administrator Larson indicated that Staff has not implemented that at this time. Page 10 of 11 City of Centerville Council Meeting Minutes January 10, 2007 City Attorney Glaser said he could look into it and report back but he feels the City is pretty safe. Council Member Broussard Vickers asked how much flood insurance would cost the City. City Administrator Larson indicated he did not have that information at this time. X. ADJOURNMENT Motion by Council Member Paar, seconded by Council Member Lee to adjourn the January 10, 2007 City Council Meeting at 8:25 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 11 of 11