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HomeMy WebLinkAbout2005-03-09 CC CITY OF CENTERVILLE CITY COUNCIL MEETING MARCH 9, 2005 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on March 9, 2005, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Lee Council Member Lakso Council Member Paar Council Member Broussard Vickers ABSENT: None STAFF: Ms. Bender City Attorney Mr. Hoeft City Engineer Mr. Schluender I. CALL TO ORDER Mayor Capra called the March 9, 2005, City Council meeting to order at 6:30 p.m. II. SET AGENDA The following items were added to the Agenda: Consent Agenda: Removal of Dale Raasch from EDC; New Business: Council Chair Replacement; Proposed Resident with Red Tailed Hawk; Old Business: Employment Agreement; Paperless Packet. Announcements: Grant CSAH 14. Executive Session: Lakeland Hills/Royal Oaks Industrial; Ground Development. Motion by Council Member Paar, seconded by Council Member Lakso to approve the agenda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1.February 23, 2005 City Council Meeting Minutes Mayor Capra requested the following changes: On Page 1, correct the date; On Page 3, change City Administrator to City Clerk; On Page 6 change 6:30 to 6:00 p.m. City of Centerville March 9, 2005 City Council Meeting Minutes Motion by Council Member Paar, seconded by Council Member Lakso to approve the February 23, 2005 City Council Work Meeting Minutes as amended. All in favor. Motion carried. IV. CONSENT AGENDA 1.City of Centerville February 24, 2005 through March 3, 2005 Claims 2.Centennial Fire District through February 22, 2005 3.Maguire Iron – Pay Estimate #7 ($6,555.00) 4.KLM Engineering Invoice MN2655 – ($6,075.00) 5.Parks and Recreation Committee Recommendation – Summer Programs YMCA 6.Parks and Recreation Committee Recommendation – DuraFun Equipment at Laurie LaMotte Memorial Park - $5,938.43 7.Removal of Dale Raasch from EDC Motion by Council Member Broussard Vickers, seconded by Council Member Lee, to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES 1. Mr. Jeff Hanzal, 7381 Old Mill Road – Request for Municipal Services Prior to Scheduled Date – 2009 Mr. Hanzal did not attend the meeting. VI. PUBLIC HEARINGS 1. Church of St. Genevieve Request for Comprehensive Plan Amendment/Special Use Permit & Fee Waiver Mayor Capra opened the public hearing at 6:37 p.m. Mayor Capra indicated that she and Staff had been looking into this matter and it appears as though a mistake was made when the City Amended its Comprehensive Plan and the overlay was shifted on the map. Mr. Tom Wilharber 6849 Centerville Road, Trustee for the Church, addressed Council and explained that the Church property was incorrectly rezoned to single-family residential when the zoning overlay was applied to the map because it was shifted to the south. Council Member Broussard Vickers asked whether the City had a map of how things were before the amendment that made this change. Page 2 of 9 City of Centerville March 9, 2005 City Council Meeting Minutes Mr. Wilharber indicated that he had the previous map and went to his vehicle to retrieve it. He then said that prior to this change the property was zoned P-1. Mr. Peter Destin of 1688 Heritage addressed Council and indicated that he lives adjacent to the proposed Church construction and is concerned with drainage onto his property because there is currently a drainage issue. City Engineer Schluender explained the engineering requirements for the project and assured the resident that the Church construction cannot place runoff onto adjacent properties. Motion by Council Member Lakso, seconded by Council Member Paar to close the public hearing. All in favor. Motion carried unanimously. Mayor Capra closed the public hearing at 6:50 p.m. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to approve the request for Comprehensive Plan Amendment as requested and the City is to pay for the amendment. All in favor. Motion carried unanimously. 2. Proposed Ordinance #79 – Erosion Control Ordinance Mayor Capra opened the public hearing at 6:53 p.m. City Attorney Hoeft reviewed proposed changes to the document including changing zoning administrator to city administrator, and removal of language allowing bonding rather than a letter of credit. Council agreed to the changes as proposed. Ms. Bender indicated that she would be bringing forward the City’s Fee Resolution for amendment. Motion by Council Member Broussard Vickers, seconded by Council Member Lakso to close the public hearing. All in favor. Motion carried unanimously. Mayor Capra closed the public hearing at 6:57 p.m. Motion by Council Member Broussard Vickers, seconded by Council Member Lee to approve Ordinance #79 as amended. All in favor. Motion carried unanimously. 3. Surface Water Pollution Prevention Program Annual Information Meeting Mayor Capra opened the public hearing at 6:58 p.m. Ms. Bender indicated that this hearing is a requirement of the NPDES. Page 3 of 9 City of Centerville March 9, 2005 City Council Meeting Minutes Council briefly discussed some of the things that have been done to improve surface water pollution. Motion by Council Member Lee, seconded by Council Member Broussard Vickers to close the public hearing. All in favor. Motion carried unanimously. Mayor Capra closed the public hearing at 7:00 p.m. VII. NEW BUSINESS 1. Discontinue Gas Services at 7071 & 7073 Centerville Road Motion by Council Member Broussard Vickers, seconded by Council Member Lakso to discontinue gas services at 7071 & 7073 Centerville Road. All in favor. Motion carried unanimously. 2. Request for Additional Funding - $10,100 (CDBG – Downtown Redevelopment Planning) Finance Director Meyer addressed Council and explained that the City has been awarded a grant of $75,000 but the original budget for the project was $85,100 and that is why Staff is seeking authorization for the additional $10,100. Motion by Council Member Lee, seconded by Council Member Paar to authorize the request for additional funding $10,100 for CDBG downtown redevelopment planning. Council Member Paar asked whether Mr. Meyer felt this was fiscally responsible for the City and if he was in favor of it. Mr. Meyer explained that redevelopment is very important to the future tax base of the City and that is why he is in favor of expending these funds to make sure that the redevelopment plans are done right. He further commented that this investment is to ensure that the future development of the City benefits the tax base in the best way possible. VOTE: All in favor. Motion carried unanimously. 3. Water Tower Containment Elimination City Attorney Hoeft indicated that he and Staff have discussed this matter and are concerned that agreement to eliminate the containment system could leave the City open to liability should there be an issue with over spray. He then said that he would look into the situation with the contractor to ensure that liability remains with the contractor and not the City. Page 4 of 9 City of Centerville March 9, 2005 City Council Meeting Minutes Motion by Council Member Broussard Vickers, seconded by Council Member Lakso to approve elimination of the containment system pending determination by the City Attorney that liability for an occurrence would stay with the contractor. All in favor. Motion carried unanimously. 4. Council Chair Replacement – Not to Exceed $100.00 Motion by Council Member Paar, seconded by Council Member Broussard Vickers to approve the purchase of a Council chair not to exceed $100.00. All in favor. Motion carried unanimously. 5. Housing/Keeping of Proposed Resident’s Red Tailed Hawk/Ordinance #24 Staff indicated that the City was approached by a potential resident interested in moving to the City but he wants to determine whether he would be allowed to keep his red tailed hawk in the City. Council reviewed the Ordinance and determined that non-domestic animals are not allowed within the City. VIII. OLD BUSINESS 1. Administrator Search/Employment Agreement Council discussed the revised Employment Agreement. Mayor Capra indicated that after the second round of interviews there was consensus to offer the City Administrator position to Dallas Anderson. Motion by Council Member Lakso, seconded by Council Member Broussard Vickers to authorize Lynn and Associates to offer the City Administrator position to Dallas Larson. Council Member Lee indicated it is his intent to oppose Mr. Larson as City Administrator. He then said that Mr. Larson was a strong candidate and will be a fine Administrator but it is his opinion that he was not the strongest candidate. He further commented that Mayor Capra had asked if he would vote affirmative to send a message that Mr. Larson has the full support of Council but he will vote his conscious in what he feels is best for the City. Council Member Lee commented, for the record, that he believes that Mr. Larson will be a fine administrator and, if it is the Council’s will, he will have full and complete support of the entire Council, as in every other decision this Council makes. VOTE: Ayes – 4, Nays – 1(Lee). Motion carried. Page 5 of 9 City of Centerville March 9, 2005 City Council Meeting Minutes Mayor Capra indicated she would contact Mr. Lynn by email to inform him of the vote and the approval of the amended Employment Agreement. 2. Resolution #05-011 – Redemption of Parkview Improvement Bond Mr. Meyer indicated that redemption would save the City $14,000. Motion by Council Member Broussard Vickers, seconded by Council Member Lee to approve Resolution #05-011 as recommended by the Finance Director. All in favor. Motion carried unanimously. 3. Successful Completion of Year Six and Satisfactory Performance Review – City Clerk Motion by Council Member Broussard Vickers, seconded by Council Member Lee to approve the step increase for the City Clerk for successful completion of year six and performance review retroactive to anniversary date. All in favor. Motion carried unanimously. 4. Paperless Packets Council Member Paar asked Council Members to further consider paperless packets and the purchase of laptops for Council. Council discussed the matter and agreed to think about it. Staff agreed to research the matter and provide cost estimates for consideration. IX. ANNOUNCEMENTS/UPDATES 1. 1601 LaMotte Drive – St. Paul Water Utilities No update. 2. CSAH 14 Council Member Broussard Vickers asked for clarification from Council as to what revising or changing the Memorandum of Understanding has to do with not wanting to sign it. Council Member Lee indicated that he had spent time trying to revise it into a document the City would sign but it became clear that the County would not agree to the way it was being revised. He then said that he agrees that the deal breaker for him is the full st controlled intersection at 21 Avenue and he is not interested in signing the MOU until that has been agreed to by the County. Page 6 of 9 City of Centerville March 9, 2005 City Council Meeting Minutes Council Member Broussard Vickers commented that she can live with the rest of the st project but she will not sign unless there is a full controlled intersection at 21 Avenue as that is crucial to future commercial development at that intersection and to the survival of the existing businesses. She then said that she would like the Council to send a letter to the County indicating that the City will not sign and the starting point for reopening st negotiations is the controlled intersection at 21 Avenue. Mayor Capra indicated that she would like the Council to wait on sending a letter like that because she is concerned that it would close off other options and she would like to see what the County is offering with the bridge design. She further commented that she feels refusal to sign puts the project in jeopardy. Motion by Council Member Broussard Vickers, seconded by Council Member Lee to direct Staff to send a letter to Anoka County indicating that the City will not sign the MOU as drafted and that the starting point for reconsideration is a full st controlled intersection at 21 Avenue. Council Member Paar indicated that he had asked as the process went along what the plan was and when the plan was finally presented it was the plan that nobody liked. He then said that he was not elected to work for the interest of Anoka County but for the st residents of Centerville and this plan, without a controlled intersection at 21 Avenue is not in the best interest of Centerville. Mayor Capra commented that not signing could throw the whole project away and the City will not get turn lanes, bike paths, and sidewalks as agreed to. Council Member Broussard Vickers commented that the City is paying for those items so the County should allow them. Mayor Capra said again, that she would like to wait. VOTE: Ayes – 4, Nays – 1(Capra). Motion carried. 3. Pond and Drainage Ditch City Engineer Schluender provided an update for Council on the pond and drainage ditch project. Mayor Capra provided an update from the Planning and Zoning meeting discussion concerning an M-1 district for Main Street and the consensus, at this time, is that Main Street should be commercial. Council briefly discussed the potential to make changes when the road project is finalized. Page 7 of 9 City of Centerville March 9, 2005 City Council Meeting Minutes Council Member Paar provided an update on the EDC meeting indicating that they reviewed the success and potential to improve the Frozen Fete des Lacs for next year. The business appreciation is set for May 10, 2005 and the focus will be on CSAH 14. Council Member Paar indicated that members of the EDC are looking into setting up and utilizing and EDA for the City and will report findings to Council. Council Member Broussard Vickers indicated that she would like to read the information prior to discussion at a Council Meeting. She then suggested considering a work session to discuss the matter. Council Member Lakso provided an update on the Park Commission meeting indicating that the skate park was a topic of discussion approved by Council earlier in the meeting. Mayor Capra asked whether the skate park increases the City’s liability. City Attorney Hoeft indicated that keeping the equipment under a certain height means the park is covered under the City’s existing liability policy. Council Member Lakso indicated that the Park Commission had questions regarding its capital improvement budget and has asked Mr. Meyer for clarification. 4. H.F. #1343 - $710,000 Grant – Local Improvements to CSAH 14 Mr. Meyer indicated the bill is in the House and Staff will follow its progress. X. EXECUTIVE SESSION (CLOSED) Council recessed to executive session at 8:08 p.m. 1.Ground Development (Pheasant Marsh, Phase I, II & III) – Pending Litigation Brief discussion was had regarding a settlement offer present by Ground Development. 2.Lakeland Hills/Royal Oaks Industrial Brief discussion was had regarding pending litigation and upcoming trial dates. Council reconvened from executive session to their regularly scheduled meeting at 8:55 p.m. XI. ADJOURNMENT Motion by Council Member Lee, seconded by Council Member Lakso to adjourn the March 9, 2005 City Council Meeting at 9:57 p.m. All in favor. Motion carried unanimously. Page 8 of 9 City of Centerville March 9, 2005 City Council Meeting Minutes Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 9 of 9