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HomeMy WebLinkAbout2007-03-14 CCCITY OF CENTERVILLE CITY COUNCIL MEETING March 14, 2007 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on March 14, 2007, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Tom Lee Council Member Jeff Paar Council Member Michelle Lakso Council Member Linda Broussard ABSENT: None. STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz I. CALL TO ORDER Mayor Capra called the March 14, 2007 City Council meeting to order at 6:30 p.m. II.APPROVAL OF AGENDA Mayor Capra requested that Item 1, V. Consent Agenda include page 10a. Mayor Capra requested that Item 2, IX. Announcements/Updates be removed. Motion by Council Member Paar, seconded by Council Member Broussard to approve the agenda as presented. All in favor. Motion carried unanimously. III. PUBLIC HEARINGS 1.Proposed vacation of that Part of Westview Street from West Line of Lot 10, Block 9, Centerville, to a point 160 Feet East of Said West Line of Lot 10, Block 9. Mayor Capra opened the public hearing 6:33 p.m. City Administrator Larson informed the Council that a number of years ago, Council had taken action to vacate the same portion of Westview Street; however, formal records where not found and it appears recording with the County was not completed. Mr. Larson stated that he desired to conclude this vacation with the City retaining a 30 foot City of Centerville Council Meeting Minutes March 14, 2007 drainage/utility easement and adjoining property owners receiving the remainder of the property involved. Mayor Capra asked about the utility line. City Administrator Larson replied a utility line exists on the south half of the right-of- way where it is proposed to retain an easement. . City Administrator Larson stated the pubic hearing was mailed to adjoining property owners and published in the official paper. There being no one present who wished to speak in regard to the matter, Motion by Council Member Lee, seconded by Council Member Paar to close the Public Hearing at 6:36 p.m. All in favor. Motion carried unanimously. IV. APPROVAL OF COUNCIL MINUTES 1.February 14, 2007 City Council Meeting Minutes. Mayor Capra requested the following changes: Page 3, change events to mandates Page 3, Paragraph 3 from bottom. Mr. Stoltzman attended a Police Commission meeting and felt everyone was not on the same page in terms on a plan. Page 4, Paragraph 9 change Commissioner to Councilmember Lakso Page 7, last sentence add word commercial to park dedication fees Page 9, Item 7 under motion: change to the petitioners would pay for costs even if the project did not go through. (change of the motion should be very exact) Page 11, add to first sentence under aerial photos - La to Company. Motion by Council Member Broussard seconded by Council Member Paar to approve the February 14, 2007 City Council Meeting Minutes as amended. All in favor. Motion carried unanimously. 2.February 28, 2007 City Council Meeting Minutes Council Member Broussard referred to page three stating she was saying “the percentage method was used in past years and by doing so, it was difficult to increase the fees by any substantial amount.” Council Member Lee referred to page three, paragraph three, and asked to change Council to “the City is trying …” Council Member Lee referred to page five, paragraph eight, and asked to change it to “Mayor Capra would not support a change to the CUP.” Page 2 of 13 City of Centerville Council Meeting Minutes March 14, 2007 Motion by Council Member Paar seconded by Council Member Lakso to approve the February 28, 2007 City Council Meeting Minutes as amended. All in favor. Motion carried unanimously. V. CONSENT AGENDA 1. City of Centerville February 29, 2007 through March 14, 2007 Claims. 2. Centennial Lakes Police Expenditures March 2, 2007 through March 8, 2007. 3. Parks & Recreation Committee Recommendation for the Centennial Soccer Club’s use of Laurie LaMotte Memorial Park Fields. Motion by Council Member Paar, seconded by Council Member Broussard, to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. VI. AWARDS/PRESENTATIONS/APPEARANCES 1.Vice-Chairperson Kevin Amundsen, Parks & Recreation Committee – Proposed Plan for 1601 LaMotte Drive Mr. Amundsen presented the proposed plan for the new park at 1601 LaMotte Drive. Mr. Amundsen pointed out where an active pump house is located and an underground pipeline that still supplies St. Paul emergency needs for water. He indicated this would eliminate the ability to build any structure with a foundation. Mr. Amundsen displayed slides to point out specific details of the park. He stated the property has many nice features and a variety of trees. He said the plan is to remove the lilac bushes and place them at the south and north borders to buffer the park from abutting property owners. He stated that St. Paul Regional Water Services would be removing the fence and re-install it on the north border. He mentioned the pump house would remain in use and off limits to the public. Mr. Amundsen stated there are challenges to the lakefront shoreline. He indicated that wave action from the lake has caused a 24 to 30 inch undercut. He mentioned he would meet with Mr. Greg Thompson from the Association of Metropolitan Soil and Water Conservation District to look at the shoreline. Mr. Amundsen stated that several trees needed to be removed for public safety with others needing limited trimming and the need for funding of these items. He informed Council that several bushes would also need to be removed due to their non-native species. Mr. Amundsen stated that it was the desire of the Committee to have the park be of a conservation/natural park with a rain garden. He commented a rain garden would be planted with deep rooted plants that would take the water from the surface and promote water percolating into the ground rather than into the lake. Page 3 of 13 City of Centerville Council Meeting Minutes March 14, 2007 Mr. Amundsen displayed a photograph of the 24’ x 24’ shelter with a 28’ x 28’ pad. He explained four picnic tables would be placed in the shelter with additional picnic tables throughout the park as well as several grills. Mr. Amundsen stated that the Committee is hoping to use the water from the spring/artesian well to create an area where water would come out of the ground and flow to where the rain garden exists and then into the lake. Mr. Amundsen advised that this would not be a drinking or wading area. Mr. Amundsen displayed an option to stabilize the lake’s bank. He explained rows of coconut fibers are laid out along the bank with another layer of a coconut cloth on top. He stated holes are drilled through the material and plants are placed in the holes. Mr. Amundsen explained this would create a natural bank within a few years. Mr. Amundsen pointed out the proposed layout for the park amenities: plants; rain garden; spring; benches and the pavilion on a site map. He suggested using one of the old tree stumps to carve a chess or checkerboard into it. Mayor Capra requested that Mr. Larson contact the Saint Paul Regional Water Services to inform them of the removal of the trees along the shoreline. Mayor Capra asked about handicap accessibility and parking Mr. Amundsen stated that the Committee has concerns for individuals utilizing the parking spaced at Laurie LaMotte Park and crossing the street to obtain access to the new park. Mr. Amundsen also stated that parking could occur on the street near the park with accessibility signage posted. Mayor Capra stated that the City must meet all legal requirements for handicapped accessibility. City Engineer Statz recommended Council review the ordinance to see what it says about the number of parking spots for the amount of park land. He stated it would be nice to keep the handicapped parking in the parking lot. He said if handicapped parking were designated along the street, it would discourage other parking there. Mrs. Norma Essex, 7333 Old Mill Road, stated that she requested that Council be mindful when designating accessible parking spaces due to the fact that generally the mobility of a handicapped individual is limited. Ms. Essex questioned whether the Parks & Recreation Committee had considered utilizing rip-rap for the shoreline. Mr. Amundsen replied rip rap is one of the options currently being considered. Discussion ensued regarding interpretive signage and other considerations. Page 4 of 13 City of Centerville Council Meeting Minutes March 14, 2007 Council Member Lakso questioned the proposed completion date of the park. Mr. Amundsen stated that it is the Committee’s desire to have the park open sometime in July of 2007. Mayor Capra questioned the dollar amount requirement for bids/proposals. Attorney Glaser replied, $50,000. Mr. Amundsen stated that the only bid at this time is for the construction/materials for the pavilion. VII. OLD BUSINESS 1.Planning & Zoning Commission’s Recommendation: Hanzal Subdivision a. Resolution #07-008, Approving Comprehensive Plan Amendment b. Proposed Ordinance #18, Second Series, Rezone from P-1 (Public/Semi- Public) and From R-5 (Single Family Residential Estate) to R-2 (Single Family Residential) c. Preliminary Plat Approval d. Request for Variance (Lot 6) Mayor Capra stated additional information and comments on this issue would not be addressed as several public hearings had been held over the past three months. She stated that all residents had been notified in writing within 350‘ of the proposed development of the public hearings per State Statute. She stated, based on the recommendation of the City Attorney, she would not accept further statements or documentation on the subject. She mentioned individuals could submit additional information for inclusion in the file, but that those items will not be considered in the Council decision. Mayor Capra moved to the checklist on how the Planning and Zoning Commission and City Council worked on all issues. City Attorney Glaser stated that fact finding was completed by the Planning and Zoning Commission through a series of meetings constituting public hearings. He stated the Hanzals requested a modification (10 foot variance) to the original submission. He pointed out additional comments were taken at that time. City Attorney Glaser explained that the Planning and Zoning Commission debated on the variance and made factual findings and recommendations. Attorney Glaser stated that the recommendations were then forwarded to Council for consideration. He stated the next step would be for Council to approve the variance requested, approve the associated comprehensive plan amendment and preliminary plat or deny same.. City Attorney Glaser defined the issues discussed concerning the variance. He stated the Planning and Zoning Commission struggled with the fact there is no right or wrong Page 5 of 13 City of Centerville Council Meeting Minutes March 14, 2007 answer for approving the variance for Lot 6. He indicated there is no clear line stating the variance must be approved or denied. City Attorney Glaser stated the facts concern the road, the proposed home, and the wetlands. He stated that Lot 6 was a legal sized lot; however, unique circumstances exist with overlapping setbacks and floodplain issues. It is not feasible to construct a home farther back on the parcel and the Hanzals have proposed to construct the home in a specified area that requires a variance. Attorney Glaser stated that Council must determine whether a hardship exists for Lot 6 due to the unique circumstances. City Attorney Glaser stated that the contentious issues are whether the variance is an undue hardship or was it created by the Hanzals. Attorney Glaser stated that the Hanzals purchased the property exactly the way it is today. Attorney Glaser also stated that previous law stated that if property is purchased with issues, it is a self-created hardship He stated this law has been since overturned by the Supreme Court. City Attorney Glaser stated that the proposed plat contained five additional lots, and even though the Hanzals bought into the problem, the only way to build on Lot 6 would be to remove the existing home and this creates a hardship. City Attorney Glaser reported traffic was also a stated concern. He indicated the Planning and Zoning Commission felt this could be overcome by proper placement of the proposed home. He stated the vote was 5/2 with two members feeling this was a self- created hardship. City Attorney Glaser reported the conclusion by Planning and Zoning was that a hardship existed that required a variance. He stated the Planning and Zoning Commission recommended that conditions be placed on the variance to include: the size of the proposed home be 3,000’ or larger for the purpose of maintaining the value of the adjoining properties, the control to be left with the Hanzals, and the building permit be issued to only the Hanzals. City Attorney Glaser stated the questions before Council are adopting the factual findings, make amendments and if adopted to move to adopt or deny the variance, to approve the rezoning, associated comprehensive plan amendment, and approving the preliminary plat. Mayor Capra stated the variance expires in one year. She explained the applicant would be required to satisfy all building codes within the City. She commented she attended the March hearing as did Attorney Glaser. Council Member Broussard attended the first public hearing. She commented the Commission completed due diligence and all parties were given an opportunity to be heard. Council Member Broussard stated many of the same issues were brought up at both meetings. She stated the Commission listened to comments of residents, discussed and debated the variance in great detail. Page 6 of 13 City of Centerville Council Meeting Minutes March 14, 2007 Mayor Capra reiterated that the Commission’s vote was 5/2 and she felt that the findings and facts support their recommendation. Motion by Council Member Lakso, seconded by Council Member Paar, to approve Resolution #07-008, a Resolution Authorizing a Comprehensive Plan Amendment, for Property Located at 7381 Old Mill Road Described on Exhibit A this Entire Property Will be Placed in Zoning District R-2 (Single Family Residential), Portions of the Property are Located within the P-1 (Public/Semi-Public) and R-5 (Single Family Residential – Estate) Zoning Districts. All in favor. Motion carried unanimously. City Administrator Larson pointed out the areas on the zoning map that would be changed. Motion by Council Member Paar, seconded by Council Member Lee, to Approve Ordinance #18, Second Series, an Ordinance Rezoning Certain Property from P-1 (Public/Institutional District) and from R-5 (Single Family Residential-Estate District) to R-2 (Single Family Residential District). All in favor, motion carried unanimously. Motion by Council Member Broussard, seconded by Council Member Lakso, to Approve the Preliminary Plat as presented. All in favor. Motion carried unanimously. City Administrator Larson stated Council could, by motion, adopt the findings and recommendations together or it could modify parts of it and approve them separately. Council Member Broussard questioned the 12 month period and stated there should be a time limitation as there are many improvements that need to be completed and the time period could run short. City Attorney Glaser replied the ordinance just states it must be started in 12 months. He stated an extension could be applied for and the City would be hard pressed to deny it. City Engineer Statz stated that services go up to the property, therefore, the ability to immediately service Lot 6 is available. He said this could be taken out of the assessable project so as not to hold up the process. Additional conditions for variance approval were discussed. Motion by Council Member Lee, Seconded by Council Member Lakso, to accept the findings and recommendation and to approve the Variance request subject to the recommendations as presented by the Planning and Zoning Commission. All in favor. Motion carried unanimously. Page 7 of 13 City of Centerville Council Meeting Minutes March 14, 2007 City Attorney Glaser stated documents were presented by citizens and now that the decision is made, there would be no prejudice for Council to accept them. He stated one document is a petition that should have been presented at the public hearing. He recommended Council read it; however, this would not impact the vote. He suggested that these documents be placed as part of record. Mayor Capra stated that members of Council, Committees and Commissions are presented on an annual basis the City’s Code of Ethics. Mayor Capra explained that all members are expected to disclose any potential conflicts of interest per City Ordinance, Mayor Capra stated that all individuals that serve on Council, Committees and Commissions live and work within the community and she believes that good faith is put forth by all members serving Mayor Capra reported a discussion was held with City Attorney Glaser regarding potential for conflict of interest on this particular issue. City Attorney Glaser read the definition of a conflict of interest. He stated this is a small town and encouraged everyone to use local businesses. He explained that just because a member uses a business, it did not constitute a conflict of interest. He stated it is when something is obtained for free or a special deal is given is when a conflict arises. He stated if anything arises, residents are encouraged to bring them forward as all comments were taken seriously. An audience member asked for clarification on the policy of notification of 350’ from the proposed area. City Administrator Larson explained the notices were mailed; however, there is no requirement that it be received. 2.Adopt Resolution #07-009, Vacating a Part of Westview Street City Attorney Glaser stated that there was previous discussion about this item and a motion would need to be made to complete the item. Motion by Council Member Broussard, seconded by Council Member Paar, to Adopt Resolution #07-009, a Resolution Vacating that Part of Westview Street from West Line of Lot 10, Block 9, Centerville, to a point 160’ East of said West Line of Lot 10, Block 9. All in favor. Motion carried unanimously. VIII. NEW BUSINESS 1.Proposed Resolution #07-010, Credit Card Policy City Administrator Larson explained that the City has a credit card for general purchases, at times, credit card purchases can secure better pricing and the policy would clarify how and who could utilize the card for purchases. Page 8 of 13 City of Centerville Council Meeting Minutes March 14, 2007 Motion by Council Member Lakso, seconded by Council Member Lee, to Approve Resolution #07-010, Establishing Credit Card Use Policy. All in favor, motion carried unanimously. 2.Adopting Resolution #07-011, Parking Restrictions on CSAH 14 Council Member Lee recommended a motion be made to table this item as they are trying to get the County to grant permission to use CSAH14 for the parade. City Administrator Larson would prefer it not be tabled as the County needs it for a state aid packet. Mayor Capra asked what is being taken away. Discussion on parking and CSAH 14 ensued. Mayor Capra stated that Council is not prepared to commit to no parking at this time. Mayor Capra read items 1-3 of the resolution resulting in additional discussion on clarification on the wording. Mayor Capra requested that wording be included “on CSAH 14 from Dupre Road to Mill Road – No Parking for eastbound side of roadway. Motion by Council Member Lee, seconded by Council Member Paar, to Approve Resolution #07-011, a Resolution Designating Parking Restrictions on Certain Streets as discussed and amended. Ayes – 3, Nays – 2 (Council Members Paar and Broussard) Motion carried. 3.Parks & Recreation Committee Recommendation for a Pavilion at Laurie LaMotte Memorial Park Not to Exceed $35,000 City Engineer Statz reported that there are two bids for two separate pavilions; one at Laurie LaMotte Memorial Park and the other at 1601 LaMotte Drive. He recommended each be awarded to Flanagan Sales, Inc. for $24,969.97 for each pavilion. Council Member Lee questioned the lead time offered by Flanagan Sales. City Engineer Statz replied he put out a request for quotes with a number of specifications to be met, one being that both pavilions be completed by July 20, 2007. He stated both firms agreed. Council Member Lee questioned whether there would be a penalty for not completing by the July 20, 2007 date. City Engineer Statz replied he would like the City to enter into a short-form contract with the bidder to ensure performance and protect the City’s interest. He read the specific Page 9 of 13 City of Centerville Council Meeting Minutes March 14, 2007 requirements for Council and indicated both companies met the requirements with their quotes. Council Member Lakso asked why it stated not to exceed $35,000. Council Member Lee replied the quotes originally came in around $35,000 but when the bidders tightened up the specifications and requirements, they also tightened up the dollars. City Engineer Statz replied the schedule and timeline is tight to get it done by July 2007. The Parks and Recreation Committee desires the pavilions to be completed by Fete des Lacs. A discussion on the pavilion colors ensued. Mr. Amundsen stated this money is in the budget. Discussion of a park use policy ensued. Motion by Council Member Lakso, seconded by Council Member Paar, to award the contract for $24,969.97 to Flanagan Sales, Inc. for the Pavilion at Laurie LaMotte Memorial Park. Council Member Paar thanked the Parks and Recreation Committee for their commitment regarding this issue and questioned whether there was funding available. City Administrator Larson stated the City would use fund balance and build it into the budget for next year. All in favor. Motion carried unanimously. 4.Parks & Recreation Committee Recommendation for a Pavilion at 1601 LaMotte Drive, Not to Exceed $35,000. Motion by Council Member Paar, seconded by Council Member Laksoto award the contract for $24,969.97 to Flanagan Sales, Inc. for the Pavilion at 1601 LaMotte Drive. Mayor Capra asked about the range of the estimates. City Administrator Larson replied whatever Council is willing to commit to the park would be built into the budget over next couple years. Council Member Broussard stated she would prefer to have everything completed this year, but it could be phased in over time. Page 10 of 13 City of Centerville Council Meeting Minutes March 14, 2007 Council Member Lee replied it is more expensive that way. Council Member Paar stated he is concerned with the safety issue regarding the trees. Council Member Broussard indicated she would like an arborist to look at the trees and recommend what trees need to be cut down. Council Member Paar stated he walked the park last summer and the trees Mr. Amundsen referred to do need to be removed. He said he would like to have the park completed by the 150 year Sesquicentennial. Council Member Broussard asked if the grading and hiring for pavilion would be completed by July. City Engineer Statz replied he believes it could. He stated what takes the largest amount of time is waiting for the equipment subsequent to placing the order. He explained this could be turned around within two months from conception to bid and construction would take about a month. Discussion ensued regarding warrantee information. Mayor Capra asked if the trails are paved. Mr. Amundsen replied that realistically they would initially be constructed with a plastic type material and upgraded later. He said he just wants to get the park established and place picnic tables and grills in the park this year so people could start enjoying it. Mr. Amundsen stated that grant monies may be available from the Minnesota Pollution Control Agency and Rice Creek Watershed for the rain garden and the Parks and Recreation Committee would be applying for same. Council Member Broussard questioned whether there still was time to submit grants for this project. Discussion ensued regarding funding options. City Administrator Larson stated that funds could come from internal funds. City Engineer Statz referred to the budget and stated the bids are lower than the lowest estimate and the City is well on its way to meeting the budget. All in favor. Motion carried unanimously. IX. ANNOUNCEMENTS/UPDATES 1.City Administrator Larson Page 11 of 13 City of Centerville Council Meeting Minutes March 14, 2007 City Administrator Larson reported meeting with Xcel Energy and looking at the Clearwater Road route for the utility line relocation. He stated that stakes have been installed, Xcel Energy would mark the pole locations, and the next step would be to discuss the project with the neighbors. Council Member Lee stated he desired to remove any potentially problematic trees. Mayor Capra asked if an easement would need to be secured for Xcel Energy. City Administrator Larson replied that the City would draft an agreement that would clarify the City’s cost participation in the project. He stated the tree removal would begin in two or three weeks with construction commencing in April. 2.Centerville Sesquicentennial a. La Company b. Aerial Photo Project Mayor Capra reported this is still a work in progress. Council Member Lee stated that the County denied the use of CSAH 14 for the parade. He reported City Administrator Larson made telephone calls and they may reconsider. He stated a traffic plan to route traffic during the parade would need to be completed. Mayor Capra stated she attended the Rush Line Corridor meeting. She stated this would be forwarded to the I35E W/E Coalition with information forthcoming. Council Member Lee reported Mr. Dick Brown, 1976 Main Street, had contacted him and th stated that the County would be completing a traffic count on 20 Avenue over the Easter weekend. Mr. Brown stated that his goal is to have the County reconsider purchasing the th homes along Main Street for widening purposes of the CSAH 14 & 20 Avenue intersection. Mayor Capra questioned whether City Administrator Larson was aware of this study. Administrator Larson stated that he was unaware of this count as there have been no CSAH 14 Project meetings in a few weeks; however, there would most likely be one more meeting before the project goes out for bid. Mayor Capra stated property owners were considering discussing safety issues regarding the intersection with Police Chief Makala. She asked City Administrator Larson to speak with Mr. Fisher regarding the study to ascertain whether they needed assistance from our police department. City Attorney Glaser distributed the citizen input documents related to the Hanzal Subdivision to the Council. XI ADJOURNMENT Page 12 of 13 City of Centerville Council Meeting Minutes March 14, 2007 Motion by Council Member Paar, seconded by Council Member Broussard to adjourn the March 14, 2007 City Council Meeting at 8:30 p.m. All in favor. Motion carried unanimously. Transcribed by: Dianna Wise, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 13 of 13