HomeMy WebLinkAbout2001-06-27 CC
CITY COUNCIL AGENDA
~
CALL TO ORDER
WEDNESDAY, JUNE 27,2001
6:30 P.M.
0(' Roll Call
L SET AGENDA
~ PUBLIC HEARING(S)
.# Pheasant Marsh - Assessment Roll
,ft. . APPEARANCES/AWARDS
CONSIDERATION OF MINUTES
tV
we- P ITIONS AND COMPLAINTS
T ~~ - P.tl.v~~ at.
II. UNFINISHED BUSINESS
~ OLD BUSINESS
..,.~ ~rvt
~ Downtown Revitalization -
~/. 21 st Avenue (Joint Powers Agreement & Feasibility Study) - A,f",ai--a.v L ~.,eJ
[,;To Turcotte AppFR~t. P...,c.L..c12.. A~ru.~+
~ NEW BUSINESS
~ Pheasant Marsh :r:~ -"-'-1 ~~
· Comprehensive Plan Amendments - P /
~ Waterworks Beach Club Liquor Violation
IA./ Employee Wages and Benefits
~~z . Ordinance #4 Amendments
p/ Quad City Police Department Investigation 5"~
. Parks and Recreation Committee Recommendations oft.- "'....
7. Issuance of Peddler/Solicitor's License - Infinity Advertising 01:
June 13, 2001 Meeting Minutes
~
v< CONSENT AGENDA .
,/ ~~
"'!"/ The City ofCenterville June 14, through June 27,2001 Expenditures -'
/Z. Centennial Fire District Expenditures
~ COMMITTEE REPORTS
XII. ApMINISTRATOR'S REPORT .,) :e..-kwt..w\..... 3 ;~_ c-.e/,.J...-k.,
I) a.. :r::..,,~-I"o_ ~ ~ J
XIII. ADJOURNMENT
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TO: Honorable Mayor and Council Members
FROM: Staff
SUBJECT: Council Minutes and Financials
DATE: June 22, 2001
Due to staff limitations and Utility Billing Software problems, staff anticipates the
delivery of same on Monday, June 25, 2001.
Thank you for your patience.
Department of Publ ic Safety
POLICE
David J. Pecchia
Public Safety Director / Chief of Police
June 21,2001
City of Centerville
Elected Officials
1880 Main Street
Centerville, MN 55038
Dear Elected Officials:
The Lino Lakes City Council has requested that I draft a proposal for a Quad City Police
Department. Your city has been selected as one of the cities identified as a possible
participant in this exiting endeavor. I have enclosed a DRAFT proposal for discussing
purposes that includes a 2002 estimated budget, organization chart, schedule, funding
models and governance suggestions.
I have included as much detail as possible for your review. I look forward to receiving
your comments on what may be your new police department.
Please contact me with any questions or concerns at (651) 982-2301. I will be on
vacation until July 2, 2001, however, I will be checking my voice mail daily.
Sint/elY, l/rj ^
f)0/l!ftck
David J. Pecchia
Public Safety Director/
Chief of Police
640 Town Center Parkway'" Lino Lakes, Minnesota ~ 55014-1182
Public Administration/Records: 651-982-2300 a Fax: 651-982-2399
DRAFT
QUAD CITY POLICE
FEASIBILITY STUDY
2002
Vision
Assisting elected officials, staff and citizens envision
what a combined police force would look like including staffing,
and expenses.
Budget
Proposed 2002 operating budget with the available
comparisons to the estimated 2002 Centennial Lakes and Lino Lakes
Police Departments operation budgets.
(See attached DRAFT budget for discussion purposes)
Governance
Joint Powers Agreement
Steering Committee model recommended.
Funding formula:
Fire District model
Police Commission model
Modified Police Commission model
(See attached DRAFT funding formulas.)
Capital Issues
Central Office - Lino
East Side Sub-station
West Side Sub-station
Lakes Police Station
- Centerville Public Works
Circle pines City Hall
- Lexington City Hall
building
Central Office:
Police Administration
Records
Investigation
Evidence Room
Property Room
Holding Cells
Training Room
Locker Rooms
Emergency Operating Center
Interview Rooms
Roll Call
East Side Sub-station:
Office
Computer with State connection
Telephones
Restroom
RAFT
West Side Sub-stations:
Office
Computer with State connection
Telephones
Restroom
Property Storage (Circle Pines)
Records Storage (Circle Pines)
Personnel Issues
Public Safety Director/Chief of Police - David J. Pecchia
Reduction in Force:
Centennial Lakes Police Department:
Attrition (Resignations, Retirements)
Eliminate Part-time License positions
Don't renew individual contracts (Chief and Deputy
Chief contracts)
Clerical support staff (need two part-time
clerical)
Lino Lakes Police Department:
Attrition
No Part-time License positions
No individual contracts
New Quad City Police Department:
Chief: Dave pecchia
Sergeants: (from Centennial Lakes, Chief and
Deputy Chiefj (current corporals return to patrol
officer status) from Lino Lakes current sergeants
retain their rank as sergeantj
Unions:
Centennial Lakes Police Department:
Administration - Individual contracts
Patrol - LELS
Non-Sworn - Non Union
Lino Lakes Police Department
Administration - No Contracts
Sergeants - LELS
DR AFT
Patrol - Teamsters (voting soon to switch to LELS)
Clerical and Community Service Officers - AFSCME
Seniority to be determined
Union negotiated issue
Blend year for year of service
Uniforms to be selected by committee
Payroll and benefits administration:
City of Lino Lakes Finance Department-
Criminal Prosecution:
Each city utilizes their own Law Firm and assumes
the cost for the service.
Service Levels
Share the Community Oriented Policing vision
Proposed staffing levels provide a foundation from which to
build a professional, proactive visioning police department.
(See attached DRAFT schedule for discussion purposes.)
Internal Structure
Administration:
Director of Public Safety/Chief of Police
(1) Sergeant
Records
(1) Office Manager
(2) Full-time Records Technician
(2) Part-time Records Technician
Investigation
(1) Sergeant
(2) Investigators
(1) Youth Resource Officer
Patrol
( 4) Sergeants
(23) Patrol Officers
( 4) Part-time CSO's
Volunteers
(25) Explorers
(25) Reserve Officers
(10) Seniors
(See attached organizational chart.)
RAFT
Transition
Associated tasks that must be completed with a proposed time
table:
07/01 - The four city councils commit to pursue Quad City
Police Department concept.
08/01 - The Centennial Lakes Police Commission commits to
the Quad City Police Department and the dissolution of the
current agreement is initiated.
09/01 - The city councils take action to create the Quad
City Police Department.
The city councils establish the new governing
steering committee.
The funding formula and budget are established.
The Chief of Police is selected.
The department personnel are selected.
The unions negotiate paYl benefits and seniority
issues.
10/01-12/01 - Plan to address attrition issues is developed
with Lino Lakes Police Department and Centennial Lakes
Police Department to insure service levels are maintained
for the citizens we serve.
Records transfer begins.
Disposal of unnecessary capital equipment begins.
Policy Manuals are merged to create one document.
Ordinance, State Statute, Federal laws and Joint Law
Enforcement Council Issues are identified and
addressed.
Employee orientation begins.
Neighborhood Meetings are conducted to discuss Quad
City Police Department Community Policing Strategies.
Policing Precincts are established and publicized.
Neighborhood Watch Group meetings are conducted to deal
with relevant issues and concerns.
Volunteer recruitment begins.
Jan. 02 - Quad City Police Department begins operation.
Dated 6/21/01
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TO: Honorable Mayor and Council Members
FROM: Teresa Bender
SUBJECT: Issuance of a Peddler/Solicitor's License for Infinity Advertising
DATE: June 13,2001
The attached application was forwarded to Centennial Lakes Police Chief, Joel Heckman.
Upon Chief Heckman's background check of the individuals that provided Valid Driver's
Licenses, Chief Heckman's recommendation is as follows:
Chief Heckman recommended approval of the Peddler/Solicitor's License for Infinity
Advertising for only those individuals named in the submitted application. Assured me
that individuals that did not present a valid driver's license, if witnessed driving, would
be tagge.d and towed. Chief Heckman also recommended that the City and the
Centennial Lakes Police Department be informed immediately of any and all individuals
participating in this activity that were not included in the original application.
Chief Heckman reported that Infinity Advertising was soliciting in the City of Lexington
on June 12, 2001 without a license. Deputy Chief Makela was handling this issue and
Chief Heckman had no further information.
Recommendation: Approve the Peddler/Solicitor's License for Infinity
Advertising for the period of June 28, 2001 to July 28, 2001 subject to payment of
the appropriate City Fees in the amount of $140 and that the City of Centerville be
notified immediately of any individual(s) not named in the application on file and
provided with the same information requested in the original application, this/these
individual(s) will also have a background check and be given written
approval/denial prior to any participation in this solicitation activity.
06/12/01 Tlm 12:46 FAX 612 184 0082
CIRCLE PINES-LEX PD
.-- '-' --- ,- --
~~~ CV CITY HALL
f4I 001
- '0- _. _ _ _ _'_'._
CENTENNIAL LAKES
POLICE DEPARTMENT
200 Civic Heights Circle
Circle Pines, MN 55014
(763) 784-2501 Fax; (763) 784-.0082
FAX COVER SHEET
To:
G~6if~~ 0 ~-
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Atm:
Fax #:
From:
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Date:
/;- /;;1-01
J~ c; =r
Time:
Numher of Pages, including Cover Sheet: f
Comments-Insuuctions:
The information contained .In this :fBesimil., message may be privileged and conooential. It i.s in!ended
only:flJr the 1.lge of the individual or entity to whom it was sent. J:( the peroon who received this document
is not the intended recipietlt, then any distribution or cop)'ing of1his communicatioo. is proh3bitcd. lfyou
have receivr:Q this communication in error. pll!aSe no~ \IS ~ telephoae and retum the original message
to us immediately.
06/12/01 TUE 12: 47 FAX 612 784 0082 CIRCLE. PINES-LEX PD ~~~ CV CITY HALL i4I 002
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06/12/01 TUE 12: 47 FAX 612 7S4 0082 ~RCLE PlNES-LEX_PD _ -2~~?V CITY HALL III 003
JUI"l CIS ell os~ 1S>!!! 't.1"'8C1.wind.. ~dv 651491609':;-- - -_ _"__
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prroNe NO. 551 42Sl W9
May. J0 2G0t 12:J5pM?7
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T~AN5IENT ME~CMANT, F!U~~!~ lNl0RMATIO~ SHIEr
In en effort to ~~ovid~ the p~blic of the Cl~~ of C8nt~rville
....ith the bellt ql.l~.lity ot 11tl;: ~Ii'thil'l ib '~~ll'~o~.~e City rd..m\.t....
~h. 01tV h~~ d~termin.d th~t th~ f~11o~ini infor~ation h~
reo~ivQd from ~n, an~ ~ll p~rGons or firms wlehini tQ oonduot
ck\or-'Go-dvol' Ollale:! ..me/or GQtHl'l.!l' IJp ~ t.~IDNll'al"Y 8sles !it~:
1. NaJtlC and >le!!lo.:;t'!j;Jtiofl of .i?.I'hc~nt: (If' m\Jf" th4n eM pe.sol1
~i;t.ach thll follnw\ I'll( .tl,f"t"lIlath~n on :l nel>t\rate ehlile:'~)
~~~~: _ ~~~Vl~~j" L~){-er
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!1;;,"esl LJ""oq,A'l Hair; Heicht: ~- "":;,/#Oc-/.
Wei"ht &: cuild: Z~ , ,.".- Da~o$ of Birth: ~I /9 f',s-
:Dl."iven t,t~en8~ lS~ ,~,,7,~~"''7 .'>,{.t)_",;/~~.. ~_,_
rl1~~11J~1e (;(jJ;lY of D. !,.
~. f'er-I1l.IHInl. HOl'lle Add~=IIl~: l... ~.3.s: .s......ln"'Ia~.~..&"~ __
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06/12/01 TUB 12; 48 FAX 612 784 0082 .!URGLE. PINES-:~EX. PD ...... CV CITY HALL
JUI'1 OS 01 Oaf IS. --_ _
~~.~~Wi~d' ed~ 651481e087
~004
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MI\!. 30 2001 12:35J:IM;;>g
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t)....~lI'iL~.dOl'l o:t" 'V..h:1Q~e< Iii 1 u,ee.;l ~f~ sa h~ gl.lr~92oe~;:~: I {
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LiclUIU! N.;>, {k G.l.i",\.t:' tQ11 r"l I'\!="Z- Ool~"I."!.
~.;;e iolhej; t~~U$iMe8 ~s to be l:~rric;d Ql'l :Q~J:- ~5
~&-c' ':'l ~ _ ~ r. _ _
4,
a.
~:i.f ~rltt~n d~$Qriptlon of th~ bu.~n~ss. 4 de~criptiQn of
~hg ~Qod$ to b~ told (includin~ phQto~raihe or broch~rea)
and th~ ipplicant.s m~thod of o~~r~~i~n!
'E~ lov~a~ I~st b~ lJuf~d o~ the ~verse eide].
...-.
-
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If emplQyed, n~me ~nQ adar~$~ or ~mployer: ~~~~~~ ~v~r~~~
:1.0 ~~~~'~""'~_J2d.~ 'R.-e...:;l 4--<';Y+fr-4 ~~~ S'SII"7
Lent"th of t~mi! apltH(.)~nt int-el'lt;1a to _d9 bUlilil'l!ei8 in 'l'.h@ Cll.Y, . .. _ ,
uith :'~!,.l;"o;'!.~l!lat.e d.1a~./j.l ~~..e.... ~ -~_~'~ ~ \. 0 Ib,3rcJ~
If a ~~xed site is l.lUd :~r di$~fay ~nd ~(J.fe<? ot?..Pto;}js'1r ':;:rf.,I/
Iolr:i. 'Hen t'tH'~l1i..ion Qf the pro!? rt nlit" must b~PE'Q\Yi.;1.~d. bl'~f?3..
Ll4te: .b-~-o I....... ~~
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06(12/01 TUB 12: 48 FAX 612 784 008.. ____
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1694 SorefStreet · Centerviffe; g.,f]{ 55038 . (612) 429-3232
ORDINANCE ~53
AN ORDINANCE DEFINING TRANSIENT SALES
THE CITY OF CENTERVILLE DOES ORDAIN:
Article 1.
License required.
No peddler, solicitor or transient merchant shall sell or
offer for sale any goods, wares, or merchandise within the City
unless a license therefore shall first be secured as provided in
this Ordinance.
Article 2.
Section
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
( i)
( j )
20.01 Standards for Transient Sales.
Location of the sale shall have a minimum 150 foot
setback from any intersection.
No sales shall be located within or upon any public
right-of-way, required front and side yard setbacks
when the side yard abuts a street, fire lane, or
designated drive aisle.
The space used for transient sales, including off-
street parking in connection with the transient sales,
shall not exceed or interfere with the space needed for
any existing business at the site.
Merchandise offered for sale shall not occupy more than
one hundred square feet.
Adequate off-street parking must be available to serve
both the principal use of the property and the use of
the property for transient sales.
Use of the property for transient sales shall not
exceed eight (8) days within a maximum period of six
(6) months.
Transient sales shall not take place between the hours
of 6:00 p.m. and 10:00 a.m.
No overnight storage of transient merchant equipment or
merchandise shall be allowed. Transient merchant
equipment or merchandise shall be permitted on the
premises only between the hours of 8:00 a.m. and 8~OO
p.m. on a day transient sales are to take place.
Signs shall be subject to the requirements of the
Centerville Zoning Ordinance #4, Article 3, Section
32.03.
A license shall be issued pursuant to Article 4 of this
Ordinance #53.
ORDINANCE #53
page two
(k) The license required by Minnesota Statutes Section
329.11 shall be filed with the City Clerk and shall be
conspicuously posted in the transient merchant's place
of business.
Article 3. Section 30.01 Definitions.
For the purpose of this article, the following terms shall
have the respective meanings ascribed to them:
30.01-1
30.01-2
30.01-3
30.01-4
Article 4.
Peddler: Any person with no fixed place of
business, who goes from house to house,
from place to place, or from street to
street, conveying or transporting goods,
wares or merchandise and offering or
exposing the same for sale, or making
sales and deliveries to purchasers.
Solicitor: Any person who goes from house to
house, from place to place, or from
street to street, soliciting or taking
or attempting to take orders for sale of
goods, wares, or merchandise, including
magazines, books, periodicals, or
personal property of any nature
whatsoever for future delivery.
Transient merchant: Any person, who engages
temporarily in the business of selling
and delivering goods, wares and
merchandise within the city outside of a
building and who, in furtherance of such
purpose, hires, leases, uses or occupies
any building, structure, vacant lot,
lot, motor vehicle, trailer, tent, or
railroad car.
Transient Sale: The temporary or transient sale
and delivery of goods, wares and
merchandise, or transaction of any
temporary, seasonal or transient
business, outside of a building with a
valid certificate of occupancy, in or
upon any vacant lot, lot, motor vehicle,
trailer, tent or railroad car.
License application and issuance.
ORDINANCE #53
page three
Section
40.01
Application for such license shall be made to
the City Clerk on a form supplied by the
City. The application shall state:
(1) The name and address of the applicant and of all
persons associated with the applicant in
applicant's business;
(2) The type of business for which the license is
desired;
(3) The place where the business is to be carried on;
(4) A diagram of the physical location of business,
signage and off street parking;
(5) The length of time for which the license is
desired;
(6) A general description of the thing or things to be
sold;
(7) The places of residence of the applicant for the
five (5) years preceding the date of application.
Blank applications shall be issued on payment of
five dollar ($5.00) which amount shall be credited
on the license fee if the license is granted.
Section 4D.02 Requirements.
40.02-1
40.02-2
40.02-3
40.02-4
40.02-5
Fees for licenses shall be determined by City
Council by resolution.
Written permission of the property owner if
selling on someone else's property.
Applicant must comply
32.03-5 regarding the
signs.
to Ordinance #4, Section
placement of temporary
The transient sales shall meet all standards as
defined in Section 20.01. Restrictions and
conditions other than those listed under Section
20.01 may be added to the Permit at the discretion
of the Clerk/Administrator.
The Clerk/Administrator shall order the issuance-
of such permit only if it finds that such use at
the proposed location will be consistent with the
general and applicable specific objectives of this
ordinance, will be harmonious and appropriate in
the area, will not be hazardous or disturbing to
neighboring uses, will not result in traffic
congestion, and will not create excessive
additional public expense.
ORDINANCE #53
page four
40.02-6
40.02-7
40.02-8
The Clerk/Administrator may impose conditions
which it considers necessary to meet the standards
of this ordinance and to protect the best interest
of the surround area or the city as a whole.
Violation of such condition is a violation of this
ordinance.
If the Clerk/Administrator denies the License it
shall include in its recommendations or
determination findings as to the ways in which the
proposed use does not comply with the standards
required by this ordinance.
The applicant may appeal the decision of the
Clerk/Administrator with the City Council.
Section 40.03 Duration of license.
40.03-1 Each license shall be valid only for the period
specified and no license may extend beyond the
thirty-first day of December of the year in which
it is granted.
40.03-2
Transient Merchant sales shall not
(8) days within a maximum period
months.
exceed eight
of six (6)
Section 40.04 License not transferable.
All licenses shall be nontransferable. No refunds shall be
made on unused portions of licenses except by resolution of
the Council. Each peddler, solicitor, or transient merchant
shall secure a separate license.
Section 40.05 License to be carried.
All licenses shall be carried by the licensee or
conspicuously posted in the licen~ee's place of business and
the license shall ~e exhibited to any officer or citizen
upon such officer's or citizen's request.
Section 40.06 License revocation.
Any license may be revoked by the Council for a violation of
any provision of this ordinance, if the licensee has been
given a reasonable notice and an opportunity to be heard.
Section 40.07 Approval.
City Council (Allow
when approved by
second and fourth
must be received
meeting. )
2-3 weeks from date of application to
Council. City Council meetings are the
Wednesday of each month and application
at least 2 weeks prior to the Council
ORDINANCE #53
page five
Section 40.08 Police Investigation.
Every application shall include the recommendation of the
Chief of Police after an investigation of the applicant.
The completed application shall be presented to the council
for its consideration and if granted by the council a
license shall be issued by the city clerk upon payment of
the required fee.
INTRODOCED and read in full this ;{5-1!l day of 5~ptembe.l', 1991.
PASSED by the City Council of the City of Centerville this a.5...J!)
day of ~pfombe.r 1991.
~r~cU~
M yor .
(
AT1}~ST :
(~
"-<., t
Cletk/Adminis
FEE:
PAID:
RECEIPT #
TRANSIENT MERCHANT, PEDDLER INFORMATION SHEET
In an effort to provide the public of the City of Centerville
with the best quality of life WlGillil its corporate City Limits,
the City has determined that the following information De
received from any and all persons or firms wlsillng to conduct
door-to-door sales and/or setting up a temporary sales site:
1. Name and description of applicant: (If more than one person
attach the following information on a separate sheet)
Name:
(First)
(Middle)
(Last)
Eyes: Hair:
Weight & build:
Drivers License ~:
Height:
Date OT Birth:
Include copy of D.L.
2. Permanent Home Address: 1.
Dates of Occupancy
Telephone Number:
2.
Dates of Occupancy
Telephone Number:
~
0.
Dates of Occupancy
Telephone Number:
A
~.
Dates of Occupancy
Telephone Number:
~
v ~
Dates of Occupancy
Telephone Number:
Page Two
3.
Description of vehicle(s)
Make and Year;
Licens8 No. & S.tate:
used
+- .--, .....
.l..U.L
sales pU.l'"'];'Oses:
Nodel:
C~ (} 1 c<:e =
4, Place where the business lS to be carried on
5. Brief written description of the business, a description of
the goods to be sold (including photographs or brochures)
and the applicant's method of operation:
(Employees must be listed on the reverse side)~
6. If employed, name and address of employer:
'7
f .
Length of time applicant intends to do business in the city,
with approximate .dates:
Q
l_' .
If a fix~d site is usea for display and sale UL goods,
written permission of the property owner must be provided.
Date:
Signature of Applicant
Checked by Deputy
Approved
Derlied
By:
RESOLUTION 91 -
CITY OF CENTERVILLE
A RESOLUTION APPROVING FEE STRUCTURE
FOR TRANSIENT SALES
THE CITY OF CENTERVILLE RESOLVES:
Section 1. The following fees for Transient Sales - Conditional
Use Permits are approved:
TITLE
Application Form
Transient -Sales License Base Fee
FEES
$ 5.00
$ 75.00
Section 2. The following ~ees are additional time period fees:
TITLE
Per day
Per week
Per month
Per year
EEE.S.
$ 10.00
$ ,30.00
$ 60.00
$350.00
Section 3. The following fees are to be deducted from the
Conditional Use Permit fee if granted:
TITLE
Cost of Application Form
FEES
$ 5.00
Section 4. These fees shall become effective on approval by
the City Council of this resolution.
CITY COUNCIL OF THE CITY OF CENTERVILLE
! \ 1991._
THIS ./s-fh.
, clerk/Administrator
Centennial Fire District
7741 Lake Drive
Lino Lakes, MN 55014
(651) 784-7472 - Office
(651) 784-2427 - Fax
June 21, 2001
TO:
City Council
City of Centerville
City Council
City of Circle Pines
City Council
City of Lino Lakes
FROM:
Milo Bennett
SUBJECT:
Ratification of expenditures and approval
for payment of expenses.
Your approval of expenses, as listed on the attached copy of
the check register, checks #12716 - 12738, in the amount of
$31,495.66 is hereby requested.
Centennial Fire District
Check Register
Page 1 of 1
DATE CHECK# NAME ACCOUNT AMOUNT
06/21/2001 12716 Amaco Oil Company 42100 - Fuel and Lube 583.45
06/21/2001 12717 Anoka- Technical College 42220 - Travel, Conference, School 87.57
06/21/2001 12718 Arthur Mohler 42130 - Equipment Expense 9.52
06/21/2001 12719 Century College 42220 - Travel, Conference, School 205.47
06/21/2001 12720 City of Lino Lakes 42110 - Other Maintenance 133.13
06/21/2001 12721 Connexus Energy 42252 - Station 1 - Electric 331.93
06/21/2001 12722 Emergency Apparatus Maintenance 42000 - Vehicle Maintenance 77.76
06/21/2001 12723 Frattalone's Hardware 42110 - Other Maintenance 118.46
06/21/2001 12724 League of Minnesota Cities 42140 - Insurance Expense 22,762.00
06/21/2001 12725 Lino Lakes State Bank 42240 - Telephone Expense 3,388.94
06/21/2001 12726 McLeod USA 42240 - Telephone Expense 355.31
06/21/2001 12727 Mid America Specialties 42130 - Equipment Expense 355.31
06/21/2001 12728 Minnesota Department of Revenue 20900 - Payroll Deductions 1,442.00
06/21/2001 12729 Orkin Exterminating 42110 - Other Maintenance 51.12
06/21/2001 12730 Oxygen Service Company, Inc. 42270 - Breathing Air 113.50
06/21/2001 12731 Owest 42240 - Telephone Expense 297.85
06/21/2001 12732 Randy T. Rolstad 42130 - Equipment Expense 81.54
06/21/2001 12733 Tom Mischke 42110 - Other Maintenance 361.00
06/21/2001 12734 Tom Thumb 42100 - Fuel and Lube 46.00
06/21/2001 12735 Viking Office Products 42180 - Office Supplies 19.55
06/21/2001 12736 Waldoch Sports 42130 - Equipment Expense 125.33
06/21/2001 1'2737 Xcel Energy 42254 - Station 2 - Electric 508.29
06/21/2001 12738 Image Printing & Graphics 45010 - Safety Camp Expense ~
Total $31,495.66
Jun 1928B1 15:12:52 Yia Fax
t_",
LMC
-)
651 429 B629 Administrator
Page B81 Of 8M
{L( I
I.lIaiJu" ..J .'r/in",,,,,lu O~i....
Ci{i~1i im.llnu{j"'l' ",".,./I.:".~
145 University Avenue West, St. Paul, MN 55103.2044
Phone: (651) 281.1200. (800) 925.1122
TDD (651) 281-1290
LMC Fax: (651) 281-1299 LMCIT Fax: (651) 281.1298
Web Site: http://www.lmnc.org
MEMORANDUM
To: City Manager, Administrators and Clerks
From: James F. Miller
Re: Potential Slale Budgel Shutdown
Dare: June19,2001
The Minnesota Legislature adjourned at midnight on May 21, 2001 without reaching an
agreement to appropriate money to fund operations of state government for the biennium that
begins on July 1, 2001. Under the Minnesota Constitution, funds from the state treasury cannot be
expended by an agency unless the Legislature has made an appropriation.
Although the Legislature is continuing to exchange and discuss budget proposals, unless it agrees
to approp"riate money for state government operations in the next 21h weeks, non-critical
operations of slate agencies may be forced to cease effective July 1, 2001. If this occurs, state
employees of non-critical operations cannot report to work until an appropriation has been
secured.
The implications of a state shutdown could extend beyond the state to counties and cities. The
Commissioner of Revenue distributed a memo to all local units of government about the
implications of the budget impasse. The major message in that memo is to proceed to plan for
2002 as if current law will not be changed. However, issues remain about how to plan for the:
remainder of 2001 and 2002. Current law does not anticipate a state shutdown and we have never
had to consider the implications of such an event.
Listed below are several issues that you should consider as you prepare for your city's operations
in the short term. Please note that state agencies have not finalized their plans for a shutdown and
that some of these potential implications may be avoided if certain aspects of state operations are
deemed essential and thus are not shut down. Although we continue to believe that a state
shutdown is not likely, cities should begin making plans for such an event.
Potential Impacts
Delay In the distribution of 2001 state aid paymentS-Although the LGA and HACA formulas
Jun 19 2881 15:13:29 Via Fax
->
651 429 8629 Administrator
Page B8Z Of 8B4
are open and standing appropriations thaL do noL need specific legislative aCLion this year, a state
shutdown could affect the distribulion. City LGA and HACA are paid on or around July 20. lfa
stale shutdown occurs, the Departments of Revenue and Finance will not have the personnel
necessary to distribute the payments. The statewide total ofthese two programs is approximately
$600 million, $300 million of which would otherwise be distributed in luly. Consider the
implications on your reserves and cash flow needs if your LOA and HACA were delayed.
Cities faced with potential cash flow concerns should be aware that state law provides a couple of
short-term financing tools that ciLies may want to consider using. In particular, Minn. Stat. Sec.
412.271, subd. 3, authorizes sLatutory city treasurers to mark city checks "not paid for want of
funds." Once funds become available the treasurer can pay the checks in the order originally
issued. Charter cities may find similar authority in their chaners. In addition to marking checks
"not paid for want of funds," statutory and charter cities, under Minn. Stat. Sees. 412.261 and
410.325, may borrow money to pay current expenses by issuing tax anticipation certificates.
While strictly speaking only charLer cities can issue these certificates in "anticipaLion of state aids,"
statuLory ciLies may wanL to consider their use in anLicipation of receipL of fall tax payments.
Because both these financing tools are subject to a number of conditions and limitations, cities
should consult with their city attorney and/or financial advisor before using them
Delay in the certification of pay 2002 state aid payments-Cities need to know the level of
funding in slate aid programs in order to establish their budgets and set their property tax levies.
Assuming current law state aid levels could be problematic given that the preliminary levy that
musL be set by September 15 effectively becomes a self-imposed levy maximum. You may want to
assume that HACA will be eliminated and that your levy will need to be increased to cover the
lost revenoues. Both the House and Senate proposals include significant increases in LOA, but at
this time, it is probably safest to assume that t.he 2001 amount will be available next year.
~Iay in the certification or pay 2002 levy lirnits- The, House bill includes two years of levy
limits, beginning with the levies set this fall for payment in 2002. The Senate: and the Governor
have apparently agreed to levy limits. However, you may not have noLice of the amount. of your
levy limit. As suggested by the Revenue Commissioner, iL is probably best Lo proceed as if current
law is in place.
Delay in the Distribution of Municipal State Aid-The Legislature must biennially appropriate
the distributions for Municipal State Aid (MSA). The MSA money is divided int.o maintenance
and construction accounts. The next maintenance payment would be made to cities over 5,000
around Lhe 20Lh of July. The Department of Transportation (DOT) estimates the amount would
be about $60 million going out to both counties and cities, with about $10 million allocated just
for cities. Of course, if government shuts down, employees at the departments of Transportation
and Finance would not be making the deposits into the accounts. State aid projecLs would be at
risk as well with a government shutdown; if you have projects thaL are awaiting the distribution of
these funds, consider developing contingency plans for the projects. The DOT has advised the
League that it will be sending cities a letter explaining some of the more significanl DOT
implications associated with a state government shutdown.
Local Cil)' Sales Taxes-For most cities with local option sales taxes, the state Department of
Jun 19 2BB1 15:14:17 Via Fax
-}
651 429 8629 Administrator
Page BB3 Of BIB
Revenue administers the tax collections. A shutdown of the Department of Revenue could impact
the distribution of these local sales lax revenues, which could in turn affect the ability of some
citie~ to make debt pa ymenLs that are supported by these revenue~. According to the Minnesota
Tax Handbook, local sales taxes collected exceeded $104 million in 1999, so it appears that a
delay in receiving these amounts could have some significant impact on some cities.
Police and Fire Aid-Municipal relief associations receive a share of the state tax collections of
certain insurance taxes, which are distributed on or around October 1. These payments could be
delayed by a protracted shutdown.
TIF Grants-The Department of Revenue will be mailing applications for the TIF grant program
next week. The grant program provides state assistance to districts that have suffered revenue
shortfalls due to the class rate compression enacted in 1997, 1998 and 1999. Although the
applications will be mailed out next week, before a potential shutdown, the deadline for
completed applications is August 1. Department of Revenue staff would potentially not be
available to address questions and process applications during any potential shutdown. Grant
recipients are notified oflheir award amounts by November 15 and grants are sent out December
26.
Peace officer training reimbursement-The application forms must be submilled by August 1
with payments usually made by mid-September. La~t year, the amount was approximately $375
per officer. If the shutdown delays the reimbursement) cities with large police departments may
see a delay in payments of a significant amount. Smaller police departments would also be
affected, but since the total dollar amount would be less, there might be a better chance for a city
to absorb the cost until payment is made.
Cities Holdin2 Local Elections This Fall-The Secretary of State's Office is confident that an
appropriate level of staffing will be in place to allow essential voter registration and election
administrative activities to continue. The chief election officer for the state has rfjqufjsted thfj
Governor to include a~ e~~ntial ~rvices appropriations for the level of staffing necessary in her
office to assure that local elections this fall can be conducted in compliance with state law. The
Governor has plans to seek a court order to keep essential state government services in place in
the event of a state government shutdown.
Cities Anticipating Grant A wards or Approvals of LoclIl Housing or Economic
Development Activities by Minnesota Housing Finance Ajilellcy and Deportment of Trade
& Economic Development-Delays could take place for cities with pending housing or
economic development grant agreements. Cities expecting staff review and approval of loans and
grants for state-funded programs such as housing, drinking water, wastewater treatment and other
community development may also experience delays. Small Cities Community Development
Block Grant funds that have been awarded must be drawn down to cover costs of local program
act iv ities.
In such situations, cities nCfjd to Ix: aware of the impact on local development activities and
delivery of ~ervices. It is al~o important for local officials to keep in mind city residenl~ who
would be immediately at risk if scheduled rem assistance funds or other regularly scheduled
financial support or services are not forthcoming.
Jun 19 2881 15:15:82 Via Fax
-}
651 429 8629 AM i n i stra tor
Page B84 []f 81M
Impact on Counties-County gov~rnments could also be impacl~d by a state government
shutdown. Stearns County has already notified affected workers about potential layoffs. Although
the first half propert y tax settlements should not be affected, a protracted state shutdown could
have the ancillary impact of shutting down certain county operations, which could include
property tax administration. This could impact general property tax administration, the truth-in-
taxation process as well as the mdropolitan and Jron Range fIscal disparities portion of the
propert y tax system.
General City Interaction With State A~encies-Interaction with state agencies may be delayed
or unavailable. Examples could include data practices assistance, building inspections, approvals
or issuance of certain liquor licenses, wastewater regulation through the Minnesota Pollution
Control Agency, OSHA complaints, pay equity compliance reports, election judge training,
MnDOT approval of plats, joint road projects with MnDOT, planning assistance from the state,
boundary adjustment activities, joint park and recreation activities, etc.
Of course, at this time, there is no way of knowing if any of this information will be relevant.
Hopefully, it will not be necessary. However, because the consequences could be significant, it
seems prudent to do contingency planning now if you have not already done so. The League will
do its best to keep you apprised over the coming weeks; be sure to carefully read the Cities
Bulletin and Friday Fax and also to check the League's website for current information.
\\ Uti " · Aune n
BALANCE IN CHECKING ACCOUNTS AS OF June 14,2001
RECEIPTS $44,458.40
DISBURSEMENTS $65,604.30
PAYROLL PERIOD ENDING 5-10-01
BALANCE IN CHECKING ACCOUNT AS OF June 27, 2001
$1,755,178.00
$ 44,458.40
($ 65,604.30)
($8,102.70)
$1,725,929.40
tervi[[e
utab{is/ied 1857
CITY OF CENTERVILLE
Cash Receipts
06/27/0110:37 AMPage 1
Tran Batch
Amount Date Refer Comments Name
FUND 101
Act Type G
$4.66 6/26/01 o UB REC Re-trans UB UR 062601
$36.80 6/26/01 o UB REC Re-trans UB UR 0626011
Act Type G $41 .46
Act Type R
$20.00 6/25/01 o REGISTERED 6-20-01
$3,506.92 6/25/01 o COUNTY OF ANOKA - MAY 6-20-01
$80.50 6/25/01 o 1955 EAGLE TRAIL- 6-20-01
$44.00 6/25/01 o 1859 -73RD ST - OPC01-039 6-20-01
$114.30 6/25/01 o 7258 TWIN LAKES AVE- 6-20-01
$63.20 6/25/01 o 7154 BRIAN DRIVE - 6-20-01
$22.50 6/25/01 o 6970 MEADOW CIR. C01-062 6-20-01
$658.60 6/25/01 o 1568 PELTIER LAKE DR- 6-20-01
$162.50 6/25/01 o 7054 EAGLE TRAIL - DECK - 6-20-01
$22.50 6/25/01 o 6970 MEADOW CT - C01-061 6-20-01
$22.50 6/25/01 o 7032 EAGLE TRAIL - 6-20-01
$40.00 6/25/01 o REGISTERED ABST. PIN # 6-20-01
$22.50 6/25/01 o 7084 DUPRE ROAD - 6-20-01
$70.30 6/25/01 o 7173 MILL RD - 01-098 6-20-01
$22.50 6/25/01 o 7215 CLEAR RIDGE- 6-20-01
$110.20 6/25/01 o 2050 MAIN STREET - 6-20-01
$95.20 6/25/01 o 1748 PEL TIER LAKE DR - 6-20-01
$2,188.00 6/25/01 o 7332 DEER PASS - AVALON 6-20-01
$225.00 6/25/01 o 7332 DEER PASS - AVALON 6-20-01
$25.00 6/25/01 o 7332 DEER PASS - AVALON 6-20-01
$3,920.15 6/25/01 o 6890 DEER CT. AVALON 6-20-01
$225.00 6/25/01 o 6890 DEER CT. AVALON 6-20-01
$25.00 6/25/01 o 6890 DEER CT. AVALON 6-20-01
$201.30 6/25/01 o 7119 BRIAN DRIVE - RE 6-20-01
$24.00 6/25/01 o 7248 CLEAR RIDGE - OPC 6-20-01
$535.00 6/25/01 o 1873 MAIN STREET (STRIP 6-20-01
$22.50 6/25/01 o 7006 EAGLE TRAIL - 6-20-01
$361.00 6/25/01 o 6873 DEER CT - P01-032 6-20-01
$139.40 6/25/01 o 6906 CENTERVILLE RD - 6- 20-0 1
$385.00 6/25/01 o 1873 MAIN ST (STRIP MALL) 6-20-01
$180.50 6/25/01 o 6873 DEER CT - M01-033 6-20-01
$634.50 6/25/01 o 1748 PEL TIER LAKE DRIVE- 6-20-01
$3.75 6/25/01 o 1729 CENTER ST DOG 6-20-01
$186.60 6/25/01 o 7095 COTTONWOOD CT - 6-20-01
$2.98 6/26/01 o UB REC Re-trans UB SURC 1 0626011
$25.00 6/26/01 o US REC Re-trans US SERV 0626011
CITY OF CENTERVILLE
Cash Receipts
06/27/01 10:37 AMPage 2
Tran Batch
Amount Date Refer Comments Name
Act Type R $14,387.90
FUND 101 $14,429.36
FUND 415
Act Type R
$200.00 6/25/01 o 6890 DEER CT. AVALON 6-20-01
$4.00 6/25/01 o UTLlTIES - SATCH # 1343 6-20-01
$200.00 6/25/01 o 7332 DEER PASS - AVALON 6-20-01
$265.07 6/26/01 o US REC Re-trans US SERV 0626011
$95.29 6/26/01 o US REC Re-Irans US SERV 062601
$0.20 6/26/01 o US REC Re-trans US SERV 0626011
Act Type R $764.56
FUND 415 $764.56
FUND 601
Act Type R
$1,300.00 6/25/01 o 7332 DEER PASS - AVALON 6-20-01
$276.00 6/25/01 o 7332 DEER PASS - AVALON 6-20-01
$276.00 6/25/01 o 6890 DEER CT. AVALON 6-20-01
$1,300.00 6/25/01 o 6890 DEER CT. AVALON 6-20-01
$5.21 6/25/01 o UTLlTIES - SATCH # 1343 6-20-01
$20.84 6/25/01 o UTLlTIES - SATCH # 1343 6-20-01
$2.95 6/25/01 o UTLlTIES - SATCH # 1343 6-20-01
$2.55 6/26/01 o US REC Re-trans US SERV 0626011
$62.73 6/26/01 o US REC Re-trans US SERV 1 0626011
$3,519.47 6/26/01 o US REC Re-trans US SERV 1 0626011
$45.90 6/26/01 o US REC Re-trans US SERV 0626011
$995.30 6/26/01 o US REC Re-trans US SERV 1 062601
Act Type R $7,806.95
FUND 601 $7,806.95
FUND 602
Act Type R
$1,750.00 6/25/01 o 6890 DEER CT. AVALON 6-20-01
$1,150.00 6/25/01 o 6890 DEER CT. AVALON 6-20-01
$1,750.00 6/25/01 o 7332 DEER PASS - AVALON 6-20-01
$42.00 6/25/01 o UTLlTIES - SATCH # 1343 6-20-01
$1,150.00 6/25/01 o 7332 DEER PASS - AVALON 6-20-01
$39.16 6/26/01 o US REC Re-trans US SERV 6 0626011
$12.80 6/26/01 o US REC Re-trans US SERV 0626011
$360.00 6/26/01 o US REC Re-trans US SERV 062601
$2,038.21 6/26/01 o US REC Re-trans US SERV 6 062601
$486.00 6/26/01 o US REC Re-trans US SERV 0626011
$16.89 6/26/01 o US REC Re-trans US SERV 6 062601
$5,373.47 6/26/01 o US REC Re-trans US SERV 6 0626011
CITY OF CENTERVILLE
Cash Receipts
06/27/01 10:37 AMPage 3
CITY OF CENTERVILLE
Check Summary Register
10100 THE COUNTY BANK
Name
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
LJ n Paid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
UnPaid
15872
15873
15874
15875
15876
15877
15878
15879
15880
15881
15824
15871
ABBA TROPHY
ACKERMAN CONSTRUCTION
ASCOM HASLER MAILING SYSTEMS
AVALON HOMES INC
BERGMAN COMPANIES, INC.
CENTENNIAL FIRE DISTRICT
COPY IMAGES INC
CORNER EXPRESS
CULLIGAN
DEVINE, KARLA
FIRSTAR BANK USA, N.A.
GENERAL REPAIR SERVICE
GOLDENGATE INTERNET SERVICES
GOPHER STATE ONE CALL INC
GOTWALD, PAM
GREYSTONE
INSTRUMENTAL RESEARCH INC
INTERNAL REVENUE SERVICE
INTERNATIONAL UNION OF OPERATI
INVENSYS METERING SYSTEMS
LEAGUE OF MN CITIES INS TRUST
MENARDS - FOREST LAKE
MET. COUNCIL ENV. SERVo (SDS)
MINNEGASCO*
MINNESOTA PIPE & EQUIPMENT
MN CITY/COUNTY MGMT ASSOC
NCPERS LIFE INSURANCE
NEIL ENTERPRISES, INC.
ON SITE SANITATION
PALZER, PAUL
PL YMOUTH PLUMBING
POSTMASTER
PRESS PUBLICATIONS
QWEST
SWIFT CONSTRUCTION
TIME SAVER
WASTE MANAGEMENT
WELLS FARGO BROKERAGE SVCS LLC
XCEL ENERGY
MANUAL CHECKS
RAY DEVINE
SUBURBAN INSPECTIONS
POSTMASTER
ANOKA COUNTY
NATIONWIDE RETIREMENT SOLUTIONS
IRS/COUNTY BANK
MINNESOTA DEPT OF REVENUE
PERA
PUBLIC EMPLOYEES INS. PROG.
SAM'S CLUB
VOID
VOID
TOTAL MANUAL CHECKS
TOTAL CHECKS
Check Date
Total Checks
Monday, June 25, 2001
Page 1 of 1
Check Amt
$168.27
$200.00
$353.00
$600.00
$6,820.00
$22,430.27
$953.18
$298.23
$40.60
$18.15
$1,152.27
$28.95
$55.00
$40.00
$650.00
$200.00
$21.00
$130.12
$29.00
$500.00
$411.00
$62.59
$9,188.27
$177.21
$217.92
$77.00
$12.00
$274.46
$1,128.25
$41.53
$270.00
$250.00
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CITY OF CENTERVILLE
CITY COUNCIL MEETING
JUNE 13, 2001
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly s h duled
meeting on June 13,2001, at City Hall, 1880 Main Street.
PRESENT: Mayor Tim Swedberg
Council Member Dick Travis
Council Member Mary Capra
Council Member Mari Nelson
Council Member Linda Broussard Vickers (arriv
ABSENT: None.
STAFF: City Administrator im March
City Engineer, T m eterson
City Attorney, Ji oeft
I.
uncil meeting to order at 6:30 p.m.
I .
r. Tom Wilharber's lot split be placed under
tion b Council Member Nelson seconded b Council Member Ca ra to
approve the agenda as amended. All in favor. Motion carried unanimously.
III. PUBLIC HEARING (S)
1. Pheasant Marsh Feasibility Study.
Page 1 of 25
City Council Meeting Minutes
June 13,2001
Motion by Mayor Swedberg. seconded by Council Member Capra to open the
public hearing. All in favor. Motion carried unanimously.
Mayor Swedberg opened the public hearing at 7:42 p.m.
Mr. Peterson gave a brief overview of the proposed development and indicated that there
would be seventy-seven (77) residential lots constructed in three phases. He then
indicated that the improvements for sewer and water would run along the east side of
Centerville Road.
Mr. Peterson noted the draft report for assessments was meant to generate discussion and
the assessments were based on front footage. He then noted there are three (3) properties
to be assessed.
Mr. Peterson indicated that the two (2) exception properties to the north would not be
assessed as Ground Development had agreed to stub the water lines to the property line.
Terry Hannah, Ground Development, indicated he was not sure if there needed to be an
assessment or not as the agreement with the two (2) property owners was to bring water
to the curb in front of their houses. Mr. Peterson indicated there would not be a need for
an assessment for those two (2) properties.
Coun{;il Member Nelson indicated that the previous assessment for Mr. Wilharber totaled
$45,653 and was reduced to $22,826, which is half of the original assessment. She then
noted that the Dide assessment was approximately $1,638, more than half.
Mr. Peterson indicated there was a charge to run the pipe from the center to the edge of
the road.
Mr. Peterson explained the formula he used to arrive at the assessments for the Dide
residence and noted that typically both sides of the street would be assessed but indicated
there is no one to assess for the other side in this situation. He then indicated the
remainder of the assessment falls to Mr. Wilharber and Ground Development with the
majority going to Ground Development. He further noted that Mr. Vanderbeek could not
be assessed again and noted he had added that cost to Ground Development.
Mayor Swedberg indicated that no matter which formula is used, the estimate to the City
is $37,000 and noted there are really four (4) entities paying for the improvements, the
City, Ground Development, Wilharber and Dide.
Mr. Peterson indicated that Mr. Vanderbeek was assessed more than any of the three (3)
options on his property last year because that is the way the numbers worked out for that
assessment.
Page 2 of 25
City Council Meeting Minutes
June 13,2001
Council Member Nelson questioned whether the costs were the same for Hunter's
Crossing. Mr. Peterson indicated that the Hunter's Crossing assessments were slightly
less as, in this development, the improvements need to be run farther than for Hunter's
Crossing.
Mr. March indicated that trunk costs are accounted for in the sewer and water fund.
Council Member Nelson questioned whether Council needed to select an assessment
schedule or if it would be completed at the public hearing meeting.
Mayor Swedberg indicated that the Comprehensive Plan does not show Dupre Road
connecting to Centerville Road and questioned whether the Comprehensive Plan needed
to be modified.
Council Member Broussard Vickers indicated the Comprehensive Plan was a general
guide as far as actual streets go and indicated the main issue governed by the
Comprehensive Plan is land usage.
Mr. March indicated that the consultant had modified the form to indicate that the entire
development entered into MUSA rather than the City needing to amend the Plan at a later
date. He further noted that the consultant had indicated that the Metropolitan Council has
modified its policy on development and is encouraging cities to develop as rapidly as
they desire.
Mayor Swedberg questioned whether there would be a sidewalk along Dupre Road as it
is a collector street with faster traffic.
Mr. Hannah stated he did not have the plan with him, but stated he believed there was a
sidewalk indicated on the plan as is required.
Council Member Travis indicated that there is a sidewalk on the north side of Dupre
Road.
Mayor Swedberg questioned pond cleaning and whether access would be available. Mr.
Peterson indicated the City would be responsible for cleaning out the pond and said it
would need to be done once every ten (10) to twenty (20) years.
Mayor Swedberg asked if there was a plan in place for a turn lane on Centerville Road.
Mr. Hannah indicated that he would need to comply with Anoka County highway
requirements. He then indicated he thought there might be a need for a turn lane. Mr.
Peterson indicated he did not think there would be a need for a turn lane.
Mr. Vanderbeek, 6892 Centerville Road, told Council that driveway access would need
to be maintained at his residence during construction as his wife operates a daycare
business out of their home. Mr. Hoeft indicated the developer is required to maintain
ingress and egress for them.
Page 3 of 25
City Council Meeting Minutes
June 13,2001
Mr. Vanderbeek indicated that he had granted the City an easement when the Hunter's
Crossing development came in and was still owed several trees. He then indicated that he
is having some flooding problems with the ditch where the developer put down sod rather
than leaving it low. Mr. Peterson indicated that the issues with Mr. Vanderbeek's
property would be resolved during the construction of this new development.
Mr. Vanderbeek indicated he could not believe that two (2) pieces of property the same
size could be assessed two (2) different amounts one (1) year apart for the same
improvements.
Mr. Peterson indicated there was more than one (1) option for assessments on the new
development and noted that there are different costs associated with each new
development which led to the difference in assessments.
Council Member Broussard Vickers indicated that different projects have different costs,
but noted that they are paying the same percentage of the improvements even though it is
a different number.
Mr. Vanderbeek felt that Council needed to standardize the assessments for residents'
improvements.
Mayor Swedberg questioned whether the assessment methods have been consistent in the
past. .
Mr. Hoeft indicated that the City mayor may not have an assessment policy in place. If
an assessment policy is in place, the policy would describe how improvements are
typically assessed. Mr. Hoeft stated that the City needs to complete two (2) items. The
first is to establish that the method of assessing the amounts was an acceptable method
and the second is to determine whether the assessment to the property is less than or
equal to the benefit to that property. He further noted that, if the benefit were equal to or
less than the benefit to the property, the assessment would stand.
Council Member Capra questioned whether the final numbers for Hunter's Crossing were
higher. Mr. Hoeft indicated that they were but also noted the figures from the middle
column on the report were the same percentages as used in Hunter's Crossing.
Mr. Hoeft indicated that it is not uncommon to have higher assessments as the costs of
the project can change.
Mr. Hoeft indicated the City does not need to use the same method as was used for
Hunter's Crossing but indicated that Council may feel it needs to be consistent and do so.
Mayor Swedberg asked if the method used is the common method. Mr. Hoeft indicated
that the Hunter's Crossing development and this development are very similar and noted
Page 4 of 25
City Council Meeting Minutes
June 13,2001
that there may not be other developments that are comparable so the assessment methods
used in other developments may not be the best guide for how to assess this development.
Mr. Vanderbeek questioned the elevation of the property behind his property. He then
asked if the ditch would stay open behind him. Mr. Peterson concurred and stated that it
will drain the entire Phase I portion of the project.
Mr. Vanderbeek indicated the pond in back of his property acts as a stopgap for runoff in
the spring holding water until it runs out into the ditch. Mr. Vanderbeek stated that if the
elevation of the property behind him changes the water would flow onto his property
rather than into the pond and out to the ditch.
Mr. Hannah indicated he would talk to the engineers; however, the area Mr. Vanderbeek
was referring to, would remain untouched, open space and should continue to hold water
as it currently does.
Mr. Vanderbeek indicated a previous plan for the property had contained a pond and this
plan does not. Mr. Vanderbeek stated concern that because there was no pond on this
plan.
Council Member Broussard Vickers questioned whether the ditch had ever been cleaned
out. Mr. Vanderbeek indicated it had not been cleaned out in the fifteen (15) years he
had owned the property.
Mr. March stated that he thought the ditch was cleaned several years ago.
Mayor Swedberg requested that Mr. March forward a letter to the Rice Creek Watershed
District requesting them to consider cleaning the ditch.
Mr. Vanderbeek indicated he had given the Metropolitan Council an easement on his
property to run sewer and they closed the ditch with the work they completed.
Mayor Swedberg stated that the Metropolitan Council had not completed repairing the
yards that were tom up during construction and noted there is erosion as a result. Mr.
March indicated the Metropolitan Council was not completed with the project.
Mr. Vanderbeek indicated the Metropolitan Council had three (3) months remaining to
finish the project.
Mr. Hannah indicated that the delineated wetland area has to be protected during
construction with silt fencing. Mr. Hannah stated that the Watershed District would
monitor construction to make sure the wetland area is properly protected.
Mayor Swedberg summarized Mr. Vanderbeek's issues to be that he is owed several
trees, flooding in front of his property, his wife's daycare business needs access during
Page 5 of 25
City Council Meeting Minutes
June 13,2001
construction and the manhole cover is underwater. Mayor Swedberg stated that Mr.
Vanderbeek had indicated a concern for drainage behind his property.
Mr. Wilharber indicated there were some properties along Centerville Road that were
unable to be assessed due to side-yard frontage, which increased the costs for others.
Mr. Wilharber indicated that the developer cannot put more water on your property than
is already there. He then indicated that there were ponds behind his property and that he
was concerned that the ponds would become larger. Mr. Hannah has indicated no
additional water would be put on his property.
Mr. Wilharber indicated that the ditch behind Mr. Vanderbeek's house is not a County
ditch but was created by farmers who worked together to create a series of ditches to
drain their properties out to Centerville Lake. He then indicated that the only County
ditch in the area is Ditch #47.
Mr. Wilharber indicated that the ditch Mr. Vanderbeek has an issue with also drains his
property on the west. He then noted he had talked to Mr. Hannah about his concern for
drainage.
Mr. Wilharber indicated he received sticker shock when he received the first estimated
assessment amount. Mr. Wilharber stated that a portion of his property is not in MUSA
until 2006 and the remaining portion in 2011. He further noted it is pretty tough to
swallow the assessment amount, as the property will not be in MUSA for quite some
time.
Mr. March indicated that the Metropolitan Council had indicated they would approve
putting the entire City in MUSA.
Mr. Wilharber stated that Mr. Peterson stated that typically both sides of the street are
assessed. Mr. Wilharber questioned why a portion of Hunter's Crossing is not being
assessed to run the improvements down to the new development. He further noted he
thinks the City should look at doing so.
Mr. Wilharber stated that, if the development goes through, he would like sewer run
under the road to him allowing a future hook up. He also stated that this would be in the
best interest of the City, as they would not disturb the outlet for the new development to
run sewer to his property in the future.
Mr. Wilharber stated that he would like to pay for the costs to run the sewer under the
road to the point where a roadway would be put in when his property develops in the
future.
Mr. Hannah, stated that he had been receiving a multitude of information and noted he
has had trouble contacting some of the players on his side of the deal to discuss the
Page 6 of 25
City Council Meeting Minutes
June 13,2001
information. Mr. Hannah also stated that he would like two (2) weeks to consider the
assessment amounts and additional information.
Mr. Hoeft indicated that Council did not need to determine the assessment method at this
meeting and could wait for the public hearing.
Mayor Swedberg questioned whether there was a maximum dollar amount for
assessments that would make the developer decide not to proceed.
Mr. Hannah indicated he could not speak to the number as the money would corne out of
the principal owner's pocket, not his. Mr. Hannah stated he needed time to review the
matter with all the players.
Mr. Hannah indicated he would like two (2) weeks to review the matter and would like
the public hearing held in two (2) weeks.
Mr. Hoeft noted that, at the assessment hearing after receiving public input, Council
might decide to spread the assessments differently.
Mayor Swedberg indicated he would like Council to try to find a consistent method for
calculating assessments.
Council Member Broussard Vickers stated that, in prior years, there have not been
projects that went long stretches that affected other property owners until the Hunter's
Crossing project and this one. The City has not had a need to address issues similar to
this in the past.
Council Member Broussard Vickers noted the City is trying to accomplish the best
procedure for the most people and stated _ she feels the City did a good job with the
assessments for the Hunter's Crossing development.
Mr. March noted the City does have an assessment policy and he reviewed it hoping it
contained black and white language as to how to do the assessment. He then noted that
the document leaves a large amount of discretion for Council to determine the assessment
method, provided the assessment does not exceed the realized benefit to the property.
Mr. Hoeft indicated that it might be possible to defer assessment for the Wilharber
property, as they are not able to use the improvements at this time.
Mr. Hoeft indicated that under State Statute, the City is allowed to charge interest at any
rate it desires, provided it does not violate the usury laws. Mr. Hoeft also stated that if the
City desired, it did not have to charge interest on the deferred assessments.
Mr. Wilharber indicated that he realizes there would be a benefit to his property;
however, paying almost half of the assessment and not being able to realize the benefit
until several years down the road seems unfair.
Page 7 of 25
City Council Meeting Minutes
June 13, 2001
Council Member Travis noted that Mr. Wilharber's property could develop in a manner
similar to Hunter's Crossing where there are several sideyards fronting on Centerville
Road. He then indicated that those with sideyards would not be able to be assessed for
improvements running along Centerville Road.
Mr. Wilharber indicated there could also be a wetland fronting Centerville Road.
Council Member Nelson indicated that this development seemed a lot like Hunter's
Crossing.
Motion by Council Member Nelson. seconded by Council Member Broussard
Vickers to close the public hearing. All in favor. Motion carried unanimously.
Mayor Swedberg closed the public hearing at 8:55 p.m.
Council recessed at 8:55 p.m.
Council reconvened at 9:08 p.m.
IV. APPEARANCES/AWARDS
1. Mr. & Mrs. Michael Baron. 7121 Centerville Road
Ms. Baron stated that she and her husband were not pleased with the method in which
Mr. March chose to handle their situation. She indicated she and her husband were
excluded from the inspection and did not have input in same. Ms. Baron questioned why
they were not told of the inspection, which led to the citation.
Ms. Baron indicated that she and her husband feel they had a right to be present at the
time of the inspection and noted that, had they been there, they could have started all of
the vehicles and explained where all the different articles in the yard would be used. Ms.
Baron then handed out to Council a list of more than 40 homes also in violation of
Ordinance #4.
Council Member Nelson questioned whether Ms. Baron wished to make a complaint
against the residences listed, as the ordinance is enforced by complaint. Ms. Baron
indicated she and her husband were at the meeting to obtain information as to why they
were not informed of the inspection. Ms. Baron stated that she had received copies of
documents out of their folder at City Hall and found an e-mail dated June of 1999, which
referenced to her husband's health. Ms. Baron questioned why the City was discussing
her husband's health and indicated she was very disturbed by the e-mail and feels their
privacy has been invaded.
Page 8 of 25
City Council Meeting Minutes
June 13, 2001
Ms. Baron indicated she and her husband had received an extension on January 9, 2001
due to weather. She then suggested that there might be a conflict of interest involved in
the way the issue is being handled.
Ms. Baron indicated they have new neighbors who have gotten involved in the petition
with the ongoing harassers. She noted she and her husband have sought legal advice and
were told to seek restraining orders against two (2) of the neighbors. She then asked for
clarification as to why the City was discussing her husband's health and what it had to do
with this matter.
Mr. Hoeft indicated that since a citation had been issued Council needed to be cautious
when discussing the matter. He then indicated that, if the Barons wish to propose some
type of resolution, he would document that and forward it to Council for input.
Ms. Baron indicated that the lawyer they discussed the matter with indicated the City is
looking for compliance with the citation. She then noted the citation is vague and asked
what about her property was specifically not in compliance.
Mr. Hoeft indicated he would make a note of the request and noted that when the Barons
make their court appearance they should request the same information at that time. He
then noted that, if the information is in the court file, he would give it to them and if it is
not, he would get the information from Mr. March.
Ms. Baron questioned why there were e-mailsconcerningherhusband.shealth.Mr.
Hoeft indicated he was not aware of the e-mails and could not comment.
Council Member Nelson indicated that she would need to review her notes but stated, to
the best of her recollection, she had received a call from a neighbor with a complaint that
she forwarded bye-mail to City Staff for review.
Mr. Hoeft indicated that Mr. March had provided him with a copy of a document that had
given the Barons a two (2) week extension to bring the property into compliance and
noted that the extension was granted based on the fact that Mr. Baron had injured his
back at work.
Mayor Swedberg indicated that the proper venue for this discussion was now District
Court.
Mr. Hoeft indicated that any information that the Barons wished to provide is welcomed,
but stated it should also be provided in the proper forum and noted that is at the District
Court proceeding.
Ms. Baron indicated her intention was to attempt to resolve this matter the easy way. She
then indicated that her husband may have hurt his back and, if that is the case, then she
apologizes.
Page 9 of 25
City Council Meeting Minutes
June 13,2001
Council Member Capra asked Mr. March to make sure that Ms. Baron has all the
information from her folder. Mr. March agreed to do so.
Ms. Baron indicated she had intended to ask for a second inspection.
Council Member Capra asked if residents are usually present for inspections.
Mr. March noted that, in reviewing the Barons' file, he discovered the City has sent out
11 notices in regards to ordinance violations over the last 13 years. He noted there were
more prior to his arrival the City. He then noted that Mr. Palzer and an officer viewed the
property from the street because Mr. Palzer had called twice to schedule the inspection
and was unable to reach the Barons. He further noted that when the officer viewed the
property, it was at his discretion whether or not to issue the citation and he felt the
citation should be issued.
Ms. Baron questioned the City's intent regarding the 40 (forty) residences on the list she
had provided.
Mr. Hoeft stated that, if Ms. Baron desires to make complaints against the 40 (forty)
residences, then the information would be forwarded on to Mr. Palzer or an officer to
view the properties.
Ms. Baron indicated she is concerned that she and her husband are not being treated the
samewayas any other citizen in the community. She then noted that, if it is not okay for
them, it is not okay for the other properties.
Mayor Swedberg questioned the period of time the Barons would have to resolve the
matter prior to going to court.
Mr. Hoeft explained that there is an ample amount of time between the issuance of a
citation and the start of a jury trial.
Council Member Capra questioned the possibility of resolving the matter prior to going
to court. She then questioned who would determine what resolution would be required.
Mr. Hoeft indicated that, if at this point in time the Barons have a proposal for bringing
the property into compliance, they should propose it to his office either before their first
appearance, at the appearance, or after the appearance. He then noted he would forward
the proposal to Mr. March for Council consideration and, if the proposal is adequate, the
action would be suspended.
Mr. Hoeft indicated that he would not receive any information on the file until the first
appearance. He then noted it might be possible to obtain information from Mr. March if
the Barons wished to discuss the matter prior to the first appearance.
Ms. Baron indicated it would be helpful to them to know what the problem was.
Page 10 of25
City Council Meeting Minutes
June 13,2001
Council Member Capra asked if Mr. March could get the information for the Barons. Mr.
March indicated he would get the information from Mr. Palzer.
Council Member Capra questioned whether mediation would be allowed for this matter.
Mr. Hoeft indicated mediation would not be allowed at this time.
Mayor Swedberg noted there was still a window open for the Barons to bring the
property into compliance. Ms. Baron indicated she understood that.
Council Member Capra indicated that, on a personal note, she knows how stressful these
situations can be and stated she hoped resolution could be obtained.
Ms. Baron asked when she could get information from Mr. March. Mr. March indicated
he would have Mr. Palzer contact her tomorrow with what needs to be done to bring the
property into compliance.
2. Mr. Steve McDonald (Abdo, Abdo, Eick & Meyers)
Mr. McDonald, Abdo, Abdo, Eick & Meyers, reviewed the audit with Council and
pointed out areas where improvements could be made with the City's record keeping.
Council Member Capra asked how the size of Centerville falls based on the sizes of the
other cities he audits. Mr. McDonald indicated Centerville fell right in the middle for the
size of cities he audits.
Mayor Swedberg indicated the management letter provided by Mr. McDonald was
helpful and well written and thanked him for it.
Council Member Nelson asked whether the discrepancies related to year-end adjustments
were due to not doing monthly bank reconciliation's.
Mr. McDonald indicated he would need to look at the details to be sure but stated he feels
year-end issues would playa role.
Mr. McDonald indicated he could schedule a meeting to discuss reporting formats and
what Council would like to see.
Consensus was to arrange a meeting to discuss reporting formats.
Mayor Swedberg asked if the City could get to the point of compliance with the new
laws. Mr. McDonald indicated that the City could get to the point of compliance.
Mayor Swedberg asked if depreciation would affect budgets. Mr. McDonald stated the
City should change to follow the financial statement format. He then noted the new laws
would need to be implemented by 2004 and would show up in the audit for 2005.
Page 11 of 25
City Council Meeting Minutes
June 13, iOOl
Mayor Swedberg thanked Mr. McDonald for his presentation and asked that he work
with Staff in regards to this matter.
V. CONSIDERATION OF MINUTES
Council Member Capra requested the following change: On Page 3 of 12 she asked that
Staff review the tape to determine her suggestion for sharing the responsibilities for
Ojibway Drive.
Council Member Broussard Vickers requested the following change: On Page 7 of 12
change her comment to indicate that she had said police and fire may have a comment
concerning closing off the road.
Motion by Council Member Nelson. seconded by Council Member Travis to
a\lprove the May 23. 2001 Council Minutes as amended. All in favor. Motion
carried unanimously.
VI. PETITIONS AND COMPLAINTS
None.
VII. UNFINISHED BUSINESS
None.
VIII. OLD BUSINESS
1. Downtown Revitalization
Mayor Swedberg indicated that there was a meeting last night to discuss the downtown
revitalization project.
Mr. March indicated that the purpose of the meeting was to gather input in regards to the
project. He then indicated that there were thirteen (13) property owners in attendance;
eight (8) often (10) with property on Centerville Road were not in favor of having water
servIce.
Council Member Capra questioned whether the City has a process for verifying the
signatures on a petition that is received. Mr. March indicated that the process is that the
clerk is required to measure and certify that 35% of the property owners for the scope of
the project have signed the petition. He then indicated that the clerk had indicated that
Staff had checked and 35% of the property owners had signed the petition.
Council Member Broussard Vickers questioned whether the requirement was 35% of the
number of lineal feet of the project. Mr. March indicated that the requirement is 35% of
Page 12 of25
City Council Meeting Minutes
June 13,2001
the total project which is 1,000 feet of lineal water main which means there needed to be
property owners totaling 350 feet that signed the petition.
Mr. Bill Bisek, 7098 Centerville Road, indicated he was at the meeting last night and left
fairly discouraged with some of the remarks and the actions of some of the neighbors in
the area. He then indicated that based on previous research, there has been interest in
downtown revitalization.
Mr. Bisek indicated that he feels in order to revitalize the downtown area; the City needs
to bring water services to the downtown area. He then noted that the discussion turned
ugly and disrespectful to Council and the Mayor and there was very little discussion
concerning water.
Mr. Bisek indicated that even though his neighbors felt that the assessment is a major part
of the issue, they are also uneasy about the development of the downtown area and they
are using same to try and nix the proj ect.
Mr. Bisek indicated he could understand not wanting to pay for something that you do
not need but noted that at some point water will be needed and then it will cost more to
run water downtown. He also noted that six (6) property owners in his area out of the
nine (9) had expressed an interest in receiving improvements. He further noted the City
would benefit, as a whole, if downtown were redeveloped and improved.
Council Member Nelson asked if Mr. Bisek had spoke with his neighbors prior to the
hearing or if he was surprised by the negative feelings rose at the meeting. Mr. Bisek
indicated he was not surprised that his neighbors rej ected the idea but noted he was
surprised by the behavior that was exhibited.
Mr. Bisek indicated that the downtown is a Mixed Use district and noted that the business
owners communicate with one another and attempt to maintain good relations with the
residents in the downtown area.
Council Member Nelson asked if Mr. Bisek was waiting for water before doing some
updating at Kelly's. Mr. Bisek indicated he had been waiting for five (5) years and said it
is frustrating from his standpoint, as Kelly's has no curb appeal. He then indicated that
he would like to have a parking lot that does not flood every spring, but said it does not
make sense to pave the parking lot only to have to repave it when water does come to
downtown.
Council Member Capra indicated that she felt a lot was lost at the meeting based on the
feeling of residents that the City is planning on developing the Public Works site and is
not telling residents what is "really going on".
Mr. Bisek indicated that twenty (20) years ago would have been the logical time to bring
water to the downtown area when they did sewer. Council Member Broussard Vickers
indicated the City did not have the money to run water at the time it did sewer downtown.
Page 13 of 25
City Council Meeting Minutes
June 13,2001
Council Member Broussard Vickers indicated that the residents in attendance felt they
were entitled to their opinion even though not all of the opinions were based on fact. She
then noted that one (1) of the things she constantly reminds herself is that as a Council
Member, she needs to do what's best for the City as a whole and that being influenced by
a few people is not the best way to do that.
Council Member Broussard Vickers asked Mr. Peterson if the City needs to loop
downtown into the water system to make the water system in town better, safer, more
reliable or more predictable. She questioned the ramifications of brining water to the
downtown area, timing and current infrastructure. She further noted that if the City
determines the need to install water service to the downtown area as it is important to the
City as a whole; perhaps the City needs to pick up a larger piece of the cost.
Council Member Broussard Vickers indicated she is not willing to abandon the idea at
this point, but feels further research should be done. She then noted she would like the
City Engineer to provide input and a report with definitive information prior to further
consideration.
Council Member Capra stated she would like to look into whether building an additional
water tower and looping the downtown area would be important with the new water
tower system. She then asked Mr. Wilharber if he knew how the church intended to
proceed with its expansion. Mr. Wilharber indicated he is on the committee that is
reviewing the expansion and noted the church is looking at installing bathrooms on the
east side.
Council Member Capra noted that if the church does add bathrooms on the end, it would
be a great benefit for them to have City water. She then noted that the church's decision
might be a large factor in how the project proceeds.
Mayor Swedberg stated that he supports the Minnesota Design Team but noted that he
had heard that residents do not want water downtown. He then suggested the City
Engineer determine whether it is possible to provide water to the one (1) block of
downtown that is interested in water without affecting other people.
Mr. Peterson indicated City water could be brought to the Kelly's block but noted it may
be possible to bring water to the Kelly's block by extending water south on Centerville
Road.
Mr. Bisek indicated that there were three (3) residents on his block not interested in water
servIces.
Mayor Swedberg noted the proposal, as presented, did not meet what residents would like
to see. He then noted if the City were going to achieve downtown revitalization, the
proposal would need to be reviewed and changed.
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City Council Meeting Minutes
June 13,2001
Council Member Capra asked if it was more costly to do a small-scale water project than
a larger one.
Council Member Broussard Vickers indicated there has been situations where those
affected by the improvements were not happy, but noted Council needed to keep in mind
the larger scope involved. She then noted that this is one (1) block not the entire City.
Mr. March indicated that if there were to be a water main break at the intersection by the
Rivard building, the sixteen (16) apartments; one other building; the elementary school
and forty (40) homes would be without water. He then noted it is not a good idea to have
such a long dead-end stretch of water main. He further noted that if the water main were
looped to isolate a break between two (2) main valves it would be beneficial to numerous
people.
Mr. Bisek indicated that due to the hostility at the meeting, there were at least two (2)
homeowners who were uncomfortable speaking up and did not have an opportunity to be
heard.
Mr. Wilharber indicated that there were some aspects of the plan that he did not like, but
noted some of the other items for the revitalization of downtown he approved of. He then
suggested bringing water down Centerville Road from Westview to hook up the one (1)
block of downtown. He also noted that the City had purchased property to be
redeveloped and noted it would need to be serviced by City water and indicated he would
be fine with funding the water expansion with the general fund.
Council Member Nelson indicated she was not at the meeting but had heard there were
residents in attendance who were not in favor of the project and stated she felt the project
should be researched. She also indicated that she agreed with Council Member
Broussard Vickers in that the City may need to pick up a larger portion of the cost to
bring water to the downtown area, but stated that residents should be assessed as they do
receive a benefit.
Mr. Peterson indicated that the figures presented at the meeting assumed the City would
pay twenty-five percent (25%) of the costs to bring water to the downtown area. He then
indicated that the City percentage could be increased.
Council Member Travis indicated he felt the downtown revitalization project is a good
idea, as it would benefit the entire City. He then stated that there was a large amount of
vocal opposition and the point made was that some of the residents just plain did not want
it. He further indicated if it were possible to defer assessments until the resident hooks
up or something on that order, more residents might be in favor of the project.
Mayor Swedberg indicated he got the sense that many of the residents do not want
development in the downtown area. Mr. March clarified that the City is not talking about
any development other than the Public Works site.
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City Council Meeting Minutes
June 13,2001
Council Member Capra indicated that a small portion of the people in attendance could
not be convinced that there was not a prearranged plan that the City is not telling
residents about.
Council Member Broussard Vickers indicated the City has 3,000 residents and noted that
there were 25 people at the meeting. She then indicated that Council represents all 3,000
residents not just the 25 that were in attendance and noted that Council has faced this
issue time and again with every development. She further noted that with every issue
Council faced with, there would always be some opposition.
Mr. March indicated that when Council holds meetings concerning controversial issues,
the City could request to have law enforcement present to maintain order. He then noted
that people behind him were making comments that they were uncomfortable due to the
hostility.
Council Member Capra noted she felt the Mayor should have been behind the dais in
order to utilize the gavel and maintain order.
Mayor Swedberg indicated that more research was needed in order to find a way to come
together and be reasonable.
Council Member Broussard Vickers indicated it might not be possible to reach a
consensus.
2. 21 8t Avenue (Joint Powers Agreement & Feasibility Study)
Mr. March indicated the City of Lino Lakes had forwarded a revised Joint Powers
Agreement and Feasibility Report, which had been approved by its Council on Monday
evening. He then noted that the agreement is contingent upon Centerville' s approval.
Mr. Hoeft reviewed areas of the document that he felt should be modified in order to
better protect the City's interests.
Mayor Swedberg indicated he felt the road was designed incorrectly as Dupre Road is
wider than they have made 21 8t A venue and it is intended to be a maj or intersection. He
then indicated that this is one (1) of the reasons he had said he would like to see a traffic
management study prior to proceeding.
Council Member Capra questioned who would be conducting the inspections. Mr. Hoeft
indicated that according to the document the primary inspections would be conducted by
the City of Lino Lakes and that Centerville. has the right to comment but has no real
remedy.
Council Member Capra suggested containing language that would give Centerville the
right to approve the design. Mr. Hoeft indicated he would need to discuss the matter with
City of Lino Lakes.
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City Council Meeting Minutes
June 13,2001
Mayor Swedberg questioned what would happen if costs are incurred and the City of
Lino Lakes decided to pull out of the project. Mr. Hoeft indicated that if either City pulls
out of the project, each City is still responsible for fifty percent (50%) of the costs
incurred to the point of the contract being awarded.
Mayor Swedberg indicated he would like to know the full costs up front. Mr. Hoeft
indicated it might not be possible to know the full costs, as there may be change orders
along the way that could either increase or decrease the amount. He then indicated that
the City of Lino Lakes is looking for progress payments on a monthly basis but have not
indicated how that would be implemented.
Council Member Travis questioned whether Mr. Palzer had an issue with the snow
plowing language. Mr. March indicated he did not believe so.
Mayor Swedberg indicated he felt a traffic management study was needed, as he is
concerned that the Dairy Queen is a natural magnet for kids.
Mr. Peterson indicated he felt there should be a sidewalk for pedestrian safety.
Mayor Swedberg stated he feels Centerville needs to be more involved in the upfront
planning and collaboration.
Mr. Reterson indicated that in reviewing the costs for the project, if there are three (3)
properties that could be assessed and then noted that the total assessment for each of the
properties would be $37,600 per parcel, based solely on the costs for the project.
Council Member Broussard Vickers asked whether the three property owners have
indicated whether or not they want the road. Mr. March indicated that two (2) of the
three (3) property owners have indicated they wanted the road but were unaware of the
assessment amount at the time.
Mr. Peterson indicated, assuming the City would pay a larger portion of the costs, that a
$10,000 or $15,000 assessment would seem fair.
Mayor Swedberg indicated that he did not feel that Centerville had been involved in the
up front designing for the roadway and noted he feels the partnership is a little one sided.
Mr. March asked what Mayor Swedberg thought the design needed. Mayor Swedberg
indicated he did not think the road was wide enough and that it needed a sidewalk. Mr.
March added that the road could also use a right turn lane onto Main Street.
Council Member Capra asked how wide the proposed roadway would be. Mr. Peterson
indicated it is proposed to be close to the width it is right now.
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City Council Meeting Minutes
June 13,2001
Mr. March noted that, if the project goes forward, it would take significant City funds, as
it would not be possible to assess the larger dollar amounts first indicated. He then
indicated that the City may need to assume two thirds (2/3) of the costs to go forward.
Council Member Broussard Vickers indicated she did not think this street benefited the
whole City. She then questioned whether there were other roads that were built that did
not assess all of the costs to the property owners. Mr. March indicated it has been done
when the City reconstructs streets. He then indicated that the City is allowed to assess
only those properties that benefit. He further noted that there might be a disproportionate
benefit to the nine (9) lots on the east side of the road that could justify paying more than
fifty percent (50%).
Council Member Broussard Vickers indicated the project was being driven by the City of
Lino Lakes and not Centerville. She then indicated that there are very few people on the
Centerville side of the street to assess and noted the street is not going to be a commuter
street.
Council Member Capra questioned whether the City of Lino Lakes intends to extend the
road down to Cedar Street as she could see a benefit for the lots in the industrial park.
Council Member Travis indicated that extending the road to Cedar Street would be the
developer's responsibility.
Council Member Broussard Vickers indicated she was uncomfortable approving the
agreement until Council looks at the budget for next year and noted that Lino Lake's
timeline was much faster than Centerville's.
Mr. March indicated he could broach the subject of the assessments with the property
owners.
Council Member Capra indicated a desire to be a good neighbor to the City of Lino Lakes
and work with them on the figures. She then stated she did not feel the project should be
abandoned but should be researched to determine the benefit to the City.
Mr. Hoeft noted Council may wish to hire an appraiser to give an opinion on the benefit
to the Centerville businesses so the City would have some idea as to what the assessment
could be which could be used in negotiations with the City of Lino Lakes.
Mayor Swedberg questioned whether the appraiser needed to be made aware that the City
might require turn lanes as it could affect the proposal. Mr. Peterson indicated the
appraiser could take into account what might be in the future. Mr. Hoeft indicated that
the appraiser could, based on the plans he was provided, indicate what he felt the benefit
to the Centerville businesses would be.
Motion by Council Member Capra. seconded by Council Member Broussard
Vickers to direct Mr. March to contact an appraiser to determine what the benefit
Page 18 of25
City Council Meeting Minutes
June 13,2001
of the improved roadway would be to the Centerville businesses on 21st Avenue. All
in favor. Motion carried unanimously.
Council Member Broussard Vickers indicated that Staff should go ahead and continue its
talks with the City of Lino Lakes and let them know that Centerville is reviewing the
figures.
Motion by Council Member Capra, seconded by Council Member Nelson to table
approval of the 21st Avenue Joint Powers Agreement until more research is
provided to Council. All in favor. Motion carried unanimously.
IX. NEW BUSINESS
1. Wilharber Lot Split
Mr. Hoeft explained that he had received a request from Mr. Tom Wilharber for the
approval of a lot split. He then explained that the situation came about because a deed
prepared by an Attorney to transfer title of the land from Mr. Wilharber's mother to a
trust inadvertently and by mistake, excepted out some property in the legal description in
the wrong area of the property. He noted the exception was supposed to except out the
land where Mr. Wilharber's residence is located but instead excepted out a different piece
of the land.
Mr. Hoeft explained that after the deed was executed, Mr. Wilharber's mother passed
away so it is impossible to correct same with a new deed. He then noted that Mr.
Wilharber and his siblings are looking at selling the property and in order for a Quit
Claim Deed to be recorded with the County, the County has asked for Council approval
of the lot split that occurred due to a part of the property being excepted out of the deed.
Mr. Hoeft indicated that an attorney in his office would be correcting the mistake and
properly identifying the property; but in order to do so, the incorrect deed first needs to
be recorded.
Mr. Wilharber told Council that in 1996 the trust was established to circumvent any
issues when his mother passed away. He noted that the attorney did not record the deed
and at the time he attempted to do so, he learned of the issue. He then noted that, if
Council did not approve the lot split, the matter would need to go through probate, which
would consume a large amount of time. Mr. Wilharber told Council he is not looking at a
lot split as he and his siblings intend to sell the entire piece of ground.
Motion bv Mayor Swedberg, seconded bv Council Member Nelson to approve the
lot split as presented. All in favor. Motion carried unanimously.
Council Member Broussard Vickers was not present for the vote.
2. Pheasant Marsh
Page 19 of25
City Council Meeting Minutes
June 13,2001
*Feasibility Study and Resolution 01-011
Motion by Council Member Broussard Vickers. seconded by Council Member
Travis to approve Resolution 01-011. a Resolution receiving the feasibility report
and scheduling the public hearing for June 27. 2001. All in favor. Motion carried
unanimously.
*Comprehensive Plan Amendments
Council Member Capra indicated that the form to be submitted indicates that this is not a
MUSA expansion. She then asked what that meant.
Mr. March indicated that when he spoke to the consultant, he recommended putting the
entire parcel into MUSA rather than completed additional amendments in the future. He
then indicated that development of the parcel could be controlled with the developer's
agreement, but expressed concern for a different developer stepping in and wanting to
develop the entire property all at once should Ground Development not proceed with its
plans.
Mr. Hoeft indicated Council needed to determine whether it is concerned with having the
entire parcel come into MUSA at one time to be developed or if Council desires to
control the development of the parcel by not allowing it all to come into MUSA. He then
indicated that the Metropolitan Council has indicated that, due to a shortage of land, cities
would be allowed to develop as rapidly as they desire.
Council Member Broussard Vickers expressed concern for control of the development if
the City allowed the entire parcel into MUSA at one time.
Mr. Hoeft indicated that economics would drive development, as the developer would
only be able to develop as fast as he is able to sell lots. He then noted that the City could
control development by requiring controlled timing of the phases with a development
agreement recorded against the property so that anyone who comes in would have to
follow the timeline set up by Council. He further indicated the same could be done for
other parcels within the City.
Council Member Broussard Vickers questioned how moving the entire parcel into MUSA
would affect the development. Mr. Hoeft indicated that the City does not have to allow
the developer do anything. He noted all the approvals do not change, as the only thing
affected is whether the Metropolitan Council controls development or if the City does.
Council Member Capra indicated that in the past the issue of development has been
governed by the Metropolitan Council and was a restriction the City could use to control
development. Mr. Hoeft indicated the City still has the same control, except now the City
cannot point to the Metropolitan Council as the ones who are limiting development.
Page 20 of 25
City Council Meeting Minutes
June 13,2001
Mr. March indicated the document could be modified and sent back to the consultant if
Council desired.
Mayor Swedberg noted he could not believe that the Metropolitan Council was throwing
out the process they had used for many years. Mr. Hoeft indicated that the
Comprehensive Plan does not change; it is merely a timing issue as the Comprehensive
Plan indicates that the property would be developed at some point.
Council Member Nelson indicated she would like to do a MUSA swap rather than bring
the entire parcel into MUSA.
Council Member Broussard Vickers indicated that the school is supposed to open in 2002
to handle the proposed development.
Council Member Capra indicated that due to some complications, the school might not
open until the fall of 2003.
Mr. Hoeft indicated that Council might desire to amend the document to what was
previously agreed to in order to keep the Pheasant Marsh project on track. He then
indicated that Council needed to determine whether it desires to bring the entire parcel
into MUSA and regulate development or request the MUSA swap.
Council Member Broussard Vickers indicated that development within the City is a
bigger discussion for a different meeting. She then indicated that the primary concern
was for the school and noted that if the school would be open in 2003 it did not make
sense to make the land sit until 2006.
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to direct Staff to have the document revised to reflect the MUSA swap as
originally agreed to. All in favor. Motion carried unanimously.
Council Member Capra commented that the development would affect the school.
Mayor Swedberg indicated he did not think the development would affect the school
district due to the phasing required by Council.
Council Member Capra indicated that, with the delay for the opening of the new school,
the school would be affected by the development. Mr. Hoeft clarified that one side of the
development would be developed rather than the other and noted this should not affect
the school district.
3. Waterworks Beach Club Liquor Violation
This matter was tabled to the next meeting.
4. Employee Wages and Benefits
Page 21 of25
City Council Meeting Minutes
June 13,2001
This matter was tabled to the next meeting.
5. St. Genevieve Catholic Church's Request for a Temporary/Event 3.2 Liquor
License (Annual Chicken Dinner - August 19,2001)
Motion by Council Member Nelson. seconded by Council Member Capra to
approve St. Genevieve Catholic Church's request for a temporary event 3.2 liquor
license as presented. All in favor. Motion carried unanimously.
Mr. March indicated that he had received the certificate of insurance from the Church.
6. Ordinance #4 Amendments
This matter was tabled to the next meeting.
7. Mr. and Mrs. Braniord, 1748 Peltier Lake Drive, Pool Permit Request
Motion by Council Member Nelson. seconded by Council Member Capra to
approve the pool permit request of Mr. and Mrs. Branjord based on the previous
permit granted to another resident and on anticipated amendments to Ordinance
#4. All in favor. Motion carried unanimously.
8., Quad City Police Department Investigation
This matter was tabled to the next meeting.
9. Parks and Recreation Committee Recommendations
Council Member Nelson questioned whether the requested items would be coming out of
the Parks and Recreation budget.
Council Member Broussard Vickers indicated that Council should have been aware from
previous meetings, that Parks and Recreation would be coming to Council for money as
Council spent the entire Parks and Recreation budget on the electrical for Laurie LaMotte
Memorial Park. She then indicated that the City needed to make the fields useable and
conform to tournament requirements. She further explained that making the softball field
regulation size cuts down the size for the soccer field and, as it is too small for a
regulation adult size soccer field, they are recommending the changes be made to make it
a youth field.
Council Member Nelson pointed out that three (3) of the requested approvals from Parks
and Recreation totaled $15,300 and noted she is not in favor of approval of that kind of
money.
Page 22 of 25
City Council Meeting Minutes
June 13,2001
Council Member Broussard Vickers indicated that she understood that Council was
aware that by using Parks and Recreation funds for the electrical at Laurie LaMotte
Memorial Park, the Parks and Recreation Committee would need to request additional
funds from Council. She then indicated that the improvements need to be made this year
for the Fete Des Lacs Festival or the softball tournament would need to be cancelled.
Council Member Nelson stated she thought Parks and Recreation would be asking for
money in another year not this year.
Council Member Broussard Vickers indicated the items would have been included as part
of the original work order but were accidentally omitted.
Council Member Nelson stated that Parks and Recreation did not have the money in the
budget for the projects. Council Member Broussard Vickers indicated that Council used
the Parks and Recreation budget for the electrical at Laurie LaMotte Memorial Park.
Council Member Capra stated she thought Council only used park dedication fees for the
electrical. Council Member Broussard Vickers commented that if Council only took the
park dedication fees, then there would be money in the Parks and Recreation budget.
Council Member Broussard Vickers indicated the matter could not be tabled since the
City would need to cancel the Fete des Lacs softball tournament if the improvements are
not made.
Mayor Swedberg asked if moving the fences was permanent. Council Member
Broussard Vickers indicated that it was.
Mr. March questioned where Parks and Recreation got the estimates for moving the
backstop. Council Member Broussard Vickers indicated they used an estimate from
when they previously had a backstop moved.
Council Member Nelson asked Mr. March if there was any money in the Parks and
Recreation budget. Mr. March indicated that he was not prepared to provide information
on the Parks and Recreation budget at this meeting.
Motion by Council Member Travis. seconded by Council Member Broussard
Vickers to approve the Parks and Recreation Committee recommendation. Number
1. Ayes - 4. (Mayor Swedberg. Council Members Capra. Travis and Broussard
Vickers. Nays -1 (Nelson). Motion carried.
Council Member Broussard Vickers indicated that Item 3 was needed, as fencing was
required around the electrical area.
Council Member Nelson indicated she did not know how Council could approve of this
expenditure if Council did not understand where the funds would be expended.
Page 23 of 25
City Council Meeting Minutes
June 13,2001
Motion by Council Member Broussard Vickers to approve the Parks and
Recreation Committee. Recommendation Number 3.
Council Member Broussard Vickers indicated there needed to be fencing around a pole
coming out of the ground in the main electrical area and that wire needed to be run to the
scoreboard.
Council Member Travis questioned the need for a scoreboard.
Mr. March stated he felt the matter could wait until the next Council meeting for further
discussion.
Motion by Council Member Nelson. seconded bv Council Member Capra to table
Parks and Recreation Committee. recommendation Numbers 2. 3. and 4 to the next
Council Meeting. All in favor. Motion carried unanimously.
Motion by Mayor Swedberg. seconded by Council Member Capra to table
Waterworks Beach Club Liquor Violation. Employee Wages and Benefits.
Ordinance #4 Amendments. and the Quad City Police Department Investigation to
the next meeting. All in favor. Motion carried unanimously.
X. CONSENT AGENDA
1. The City ofCenterville May 23, through June 13,2001 Expenditures.
2. Centennial Fire District Expenditures & City Monthly Services.
Motion by Council Member Nelson. seconded by Council Member Capra to
approve Consent Agenda Items 1 and 2 as presented. All in favor. Motion carried
unanimously.
XI. COMMITTEE REPORTS
None.
XII. ADMINISTRATOR'S REPORT
Mr. March noted he would wait until the next Council meeting to report on the Turcotte
purchase agreement.
Mr. March reported that the Week in Review is being sent to Quad Community Press as
requested by Council.
Mr. March noted he had spoken to Mr. Quigley who indicated he had met with one (1) of
the townhome associations and would be meeting with the other prior to corning before
the Planning and Zoning Commission in July.
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City CoWlcil Meeting Minutes
JWle 13, 2001
Council Member Broussard Vickers indicated she had spoken to the President of the
Association who told her that no agreement was reached.
Mr. March indicated that the County Bank reimbursement had been moved to a lower
priority at this point.
Council Member Capra requested that Council discuss the audit and the auditor's
recommendations as it relates to staffing in the office at a meeting to be scheduled.
XID. ADJOURNMENT
Motion by Mayor Swedbel1!. seconded by Council Member Travis to adjourn the
June 13. 2001 City Council Meeting at 11:00 p.m. All in favor. Motion carried
unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Proofed by:
Teresa Bender, Clerk/Treasurer
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