Loading...
HomeMy WebLinkAbout2000 CC Minutes CITY OF CENTERVILLE CITY COUNCIL MEETING DECEMBER 27, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly meeting on December 27,2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Mari Nelson II. ABSENT: None. STAFF: City Administrator, Jim March City Engineer, Tom Peterson City Attorney, Jim Hoeft Public Works Director, Pa 1 P lz r I. CALL TO ORDER ty C uncil meeting to order at 6:00 st d cab e pe at r p y increase request be added as Item #6 under New M mber Sweene seconded b Council Member Travis to w th the re uested addition. All in favor. Motion carried I I. v CES/A WARDS None. Mayor Wilharber informed Council he would need to leave for a police function and would not be able to stay for the entire meeting. Mayor Wilharber recapped the year's accomplishments for Council and Staff. . Y2K . County Bank . Hunter's Crossing . R & K Catering . Fete Des Lacs - 10th Year . Farmers Insurance opened in old Grange building . LaMotte Store renovation and five new business tenants . Numerous new ordinances . Garage Sale Days - over 100 homes involved . New trail into Laurie LaMotte Park from the Anoka County Parks Reserve . Acorn Creek Park new playground equipment and trail . Royal Meadows Park new playground equipment . New landscaping at all parks . New City employees - Earl Fleischman, Laura Thompson and Chris Sweeney . Restructuring of Administrative staff . Resignation of Employees - Diane Ward, Aimee Fairbrother, and Tim Danielson . 54 new homes - additional 195 building permits . New park and ride at old Public Works building (1694 Sorel) . Public Works and Centennial Lakes Police Substation moved into former Eagle Trucking building . Audit report of City finances finds City doing great job in managing the City's money . LeJ oUIDal Newspaper . Centennial Lakes Police Department . Proposed Pheasant Marsh development - 77 homes . Northern Forest Products future 25,000 square foot expansion . Automotive Driveline future 4,000 square foot expansion . Baseball Stadium (Socko) . Water interconnect with Lino Lakes . Willow Glen Subdivision exploring expansion . Center Villa Subdivision . New building for Goetz Landscaping . Grand Opening of the redesigned Anoka County Regional Park (Beach/Trails/Boat Launching Pad) . Centennial Fire Department - 65 foot ladder truck and pumper, six wheeler for fighting brush fires and a hand held thermal imaging unit . Sheehy Construction possible future donation of 15 acres to the City - possible trail, water tower location, additional park or preserve area . Lloyd Drilling proposed 10,000 to 20,000 square foot commercial building on Main Street between Peterson Trail and Shad Avenue Mayor Wilharber thanked Staff and Council for their diligent efforts on behalf of the City during the year. V. CONSIDERATION OF MINUTES 1. December 13,2000 Meeting Minutes P"CTP') {"\f Q Mayor Wilharber requested the following modifications: Page 6 change reference to Council Member Nelson concerning park dedication fee to Mayor Wilharber. Also on Page 6 indicate that Mr. Lundblad and Mr. Schoeberlein are connected to sewer but not to water. Mayor Wilharber requested Mr. March to include adjournment times and motions made subsequent to the Executive Session on page 14. Motion by Council Member Nelson. seconded by Council Member Sweeney to approve the December 13. 2000. City Council Meeting Minutes with requested modifications. All in favor. Motion carried unanimously. VI. PAYMENT OF CLAIMS The City of Centerville December 14, through December 27, 2000 Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to approve the expenditures for the City from December 14. 2000 through December 27. 2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the Centennial Fire District Expenditures checks #12458 - 12472 in the amount of $4.641.09. All in favor. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS 7121 Centerville Road - Mr. Mike Baron & Mrs. Pat Camp-Baron This item was postponed while waiting for the arrival of Mr. Baron and Mrs. Camp- Baron. 6939 Centerville Road - Mr. Dale Greenwaldt Council reviewed a memo submitted by staff indicating that Mr. Greenwa1dt had contacted City Hall requesting reimbursement for a telephone repair submitted to him by his tenants at 6939 Centerville Road. A copy of the bill was forwarded to City Engineer, Tom Peterson to determine whether the damages were related to the Hunter's Crossing project or Met Council project. Mayor Wilharber requested that Staff research this item further and report back to Council. Motion by Mavor Wilharber. seconded by Council Member Travis to table this item until further res each has been completed. All in favor. Motion carried unanimously. P::lOP. ~ of9 7128 Progress Road - Ms. Anita Underwood Council reviewed a memo submitted by Staff concerning a request received from Ms. Underwood in regards to a Non-sufficient Funds check issued to the City. The City charged Ms. Underwood's utility account a $25 administrative fee and Ms. Underwood is requesting that the $25 fee be waived. Ms. Underwood's letter states that she mistakenly issued a check to the City from an account that had previously been closed and is on a very limited income. Motion bv Council Member Broussard Vickers. seconded by Council Member Nelson to waive the $25 administrative fee assessed to Ms. Underwood's account. All in favor. Motion carried unanimously. VIII. UNFINISHED BUSINESS None. IX. NEW BUSINESS Additional Office Upgrade (Storage Cabinets and Countertop)/Council Chambers Wall Insulation Mr. March presented a quote to Council for insulating the outside wall ofthe Council Chambers. Mr. March explained that Staff wished to purchase standard cabinets and countertops from Menards or Home Depot to assist with organization and preparation of meeting packets in the copier area. Staff estimates the entire upgrade would cost approximately $1,500. Mayor Wilharber stated it was unfortunate that Council Chambers had been painted. The wall is cold, however, the estimate seems high for insulating one wall. Mayor Wilharber requested additional information on pricing for the standard cabinets and countertops. Motion by Mayor Wilharber. seconded by Council Member Nelson to direct Staff to obtain pricing information for the standard cabinets and countertops and provide the additional information to Council for further discussion. All in favor. Motion carried unanimously. Council Member Broussard Vickers stated she did not believe Council Chambers was used frequently enough to justify the expense to insulate the wall. Mr. March noted due to the way the thermostat is wired in the Administrative offices, the heat is either on in the office area or Council Chambers, not both. Mr. March also noted the City has two and a half (2 Yz) gallons of paint remaining that could be utilized to repaint the wall if the insulation project is approved. Motion by Mayor Wilharber. seconded by Council Member Travis to table this matter for future discussion. All in favor. Motion carried unanimously. nn~a A At' 0 Downtown Snow Removal Mr. March explained that a problem exists with snow removal along Centerville Road and the sidewalks abutting same. Mr. March stated that Anoka County maintains Centerville Road and due to the recent heavy snowfall, the snow has been piling onto the curb and sidewalk area near downtown businesses. Mr. March stated that this possess a problem with school children waiting for the bus in this area. Mr. March stated that he contacted Anoka County regarding this issue and they acknowledge there was a problem and expressed a willingness to discuss the issue further. Mr. March proposed that the City remove the snow and bill the County for same. The City would remove the snow for heavy snow falls, not for small amounts of 2 inches or less. Mayor Wilharber stated he was concerned for setting a precedent of removing snow for some business owners but not others. Mayor Wilharber questioned whether business owners could be asked to contribute to the cost of the snow removal. Mr. March stated that the City removes snow on the west side of the street as it has been declared a walking path by previous Council action. The current problem exists because children are walking on the east side and standing under Kelly's awning waiting for the bus. Council Member Broussard Vickers stated she would like to have the City remove the snow and request reimbursement from Anoka County. Mr. March stated that Anoka County was receptive to same. Council Member Nelson stated she did not believe business owners should have to pay for snow removal if the County is plowing snow onto their property. Council Member Broussard Vickers stated the City should remove the snow because it is a hazard for pedestrians and focus on setting a policy on how to handle future snow removal. Mr. March questioned the City's liability for picking and choosing when to remove snow from the sidewalk. Mr. Hoeft stated that the City has immunity for discretionary acts. If the City sets a policy on how, when, and where the snow will be removed and the policy is based on safety, health, welfare, and costs the City would be granted discretionary immunity under the statute. Mayor Wilharber stated he believed the City should remove the snow and work to set a policy for future snow removal. Mr. Palzer stated that the City possesses a small snowblower that would fit on that sidewalk. Mr. Hoeft questioned whether the sidewalk was on private property or in the City right- of-way. Mr. Palzer stated that the sidewalk was on private property. Mr. Hoeft stated that property owners are responsible for snow removal on sidewalks. The fact that Anoka County is plowing snow onto the sidewalk is an issue between the property owner n___ r _.co and the County. However, as there is a safety issue involved for the children, the City needs to look at removing the snow. Mr. Hoeft stated that the City needed to obtain permission to remove snow in the County right-of-way. The City could also consider removing the snow and assessing the property owners for same. Motion by Council Member Nelson, seconded by Council Member Broussard Vickers to direct City Staff to remove the snow in case of emergency and to table discussion on the matter until Staff obtains more information on the issue. All in favor. Motion carried unanimously. EDC Vacancies Motion by Council Member Nelson, seconded by Council Member Broussard Vickers to approve the appointment of Aimee Fairbrother to the Economic Development Committee. All in favor. Motion carried unanimously. Mr. Baron and Mrs. Camp-Baron arrived and addressed Council. Mrs. Camp-Baron expressed her displeasure with City Staff as she was told she would be sent an agenda and was not. Mr. March noted the City Clerk had spoken to her and he was unaware that she had not received the requested agenda. Mrs. Camp-Baron explained she and her husband have an ongoing dispute with their neighbor. There have been numerous complaints generated by her neighbor. She noted her family has owned the property for 25 years and she questions whether the ordinance change would apply to them. The letter from the City indicated she was in violation of Ordinance #4 for outside storage. She explained she has currently licensed and operating vehicles on her property and as she has three lots should be allowed to have the six (6) vehicles. Mrs. Camp-Baron indicated she and her husband are pursuing trespass charges against the neighbor for trespassing onto their property and taking pictures. She also stated they have begun proceedings to commence a harassment lawsuit against the neighbor. Mayor Wilharber explained the dispute with the neighbor is a civil issue. Council Member Broussard Vickers explained that ordinances and ordinance changes apply to all residents no matter the length of time a person has owned the property. Council Member Broussard Vickers stated she would like to see the original letter from the City indicating what part of the ordinance was being violated. Mrs. Camp-Baron presented the letter to Council Member Broussard Vickers. Mayor Wilharber noted the letter was sent to the property owners on November 13,2000. Mrs. Camp-Baron stated she has six (6) vehicles parked outside and believes she should be able to keep them as she has three lots, two (2) vehicles per lot. r _ rn Mayor Wilharber inquired as to whether the property was under one (1) property identification number. Mrs. Camp-Baron indicated the property was under two (2) property identification numbers. Mr. Hoeft indicated that the Barons are in violation of the ordinance as the vehicles need to be licensed, operational and parked on a driveway. The piles of debris will also need to be removed. Mrs. Camp-Baron stated the piles of debris are wood to be used for the fence they are in the process of building. Council Member Nelson stated the condition of the Barons' property would concern her if she were the next door neighbor. She then suggested Mrs. Camp-Baron review the fence ordinance for the special requirements for comer lots before constructing the fence. Mrs. Camp-Baron indicated she and her husband are asking Council for permission to keep the six (6) vehicles as they feel they are entitled as tax paying residents to keep the vehicles they currently have. Council Member Broussard Vickers indicated the ordinance requires vehicles to be in an approved garage or storage building or parked on a permitted driveway. If the property had three driveways, one for each lot, the six vehicles would be allowed. There is a variance procedure for residents to ask for special permission for situations outside ofthe ordinance. However, there are specific criteria set by state law that need to be met in order for the City to allow the variance. Looking at the situation, there is no way the City could grant a variance. Mrs. Camp-Baron stated she pays her bills and her taxes and does not feel the City has the right to tell her how many vehicles she can have on her property. City Attorney Hoeft indicated the City does have the right to limit the number of vehicles a property owner can have under state law. At this point, the Barons have been noticed that they are in violation of the ordinance and if the property is not cleaned up and brought into compliance they can be cited. Mayor Wilharber noted that in one of the pictures it appeared the trees hung out over the sidewalk. He inquired if the Barons had cut them back. Mrs. Camp-Baron indicated they had been cut back. Mrs. Camp-Baron noted the City had damaged their concrete retaining wall with a street sweeper. She inquired as to when the City would be paying to repair it. Council Member Broussard Vickers stated Council would need to hear from Staff concerning the damage to the concrete wall. Mrs. Camp-Baron requested the City make an appointment to inspect the property as she and her husband have instructed the police to arrest anyone found on their property regardless of the reason. Mayor Wilharber stated the Barons were to clean up the property and directed Mr. Palzer to make an appointment with them for an inspection. n~~~ ,., _,CC\ 2001 Engineering Rates Motion by Council Member Travis. seconded by Council Member Broussard Vickers to accept the 2001 Engineerill!:!: Rates as presented. All in favor. Motion carried unanimously. Union Contract Negotiations This item was removed for discussion at an executive session immediately following the regular meeting. Cable Operator Pay Increase Request Council reviewed a letter from Patricia Scott requesting a pay increase from $10 per hour with a three hour minimum to $13 per hour with a three (3) hour minimum. Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to approve a pay increase to $12.50 per hour with a three (3) hour minimum. Council Member Travis noted he was opposed to the increase to $12.50 per hour as he believes Ms. Scott is invaluable to the City and deserves the increase to $13 per hour. Vote: Ayes - 2 (Nelson/Broussard Vickers). Nays - 3 (Wilharber/Travis/Sweeney). Motion failed. Motion by Council Member Travis. seconded by Council Member Sweeney to approve a pay increase to $13 per hour with a three (3) hour minimum. All in favor. Motion carried unanimously. x. CONSENT AGENDA Successful Completion of Year 2 (Clerk/Treasurer, Teresa Bender) Recommended Step Increase from Step 1 to Step 2 Motion by Council Member Nelson. seconded by Council Member Sweeney to approve the increase for Teresa Bender from Step 1 to Step 2. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS Council Member Travis reported the EDC had requested clarification on the proposed changes to the sign ordinance. Council Member Sweeney reminded Council a new Council Member will need to be appointed as the cable commission liaison. Dn........a Q ro..+O Mayor Wilharber reported that Council would need to appoint a liaison to the police commISSIon. Council Member Nelson thanked Mayor Wilharber for his ten years of service to the City. Mayor Wilharber left the meeting at 7: 10 p.m. City Attorney Hoeft left the meeting at 7:10 p.m. XII. ADMINISTRATOR'S REPORT None. Motion bv Council Member Sweeney. seconded by Council Member Nelson to recess to the Executive Session at 7:13 p.m. All in favor. Motion carried unanimously. Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to close the Executive Session at 7:28 p.m. All in favor. Motion carried unanimously. XIII. ADJOURNMENT Motion by Council Member Nelson. seconded by Council Member Sweeney to adjourn the December 27. 2000 City Council Meeting at 7:29 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. P"I"TP 0 nf 0 CITY OF CENTERVILLE CITY COUNCIL MEETING DECEMBER 13, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeti g n December 13,2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wi1harber Council Member Dick Travis Council Member Terry Sweeney (arrived 6:23 p.m.) Council Member Linda Broussard Vickers Council Member Mari Nelson ABSENT: None. STAFF: City Administrator, Jim March City Engineer, Tom Peterson City Attorney, Jim Hoeft I. CALL TO ORDER C u i1 ee ng to order at 6:00 p.m. II. III. IV. V. 1. Novemoer 20, 2000 Meeting Minutes rove the Motion by Council Member Travis. seconded by Council Member Nelson to approve the November 20. 2000. City Council Meeting Minutes as presented. All in favor. Motion carried unanimously. ) Page 1 of 15 VI. PAYMENT OF CLAIMS The City ofCenterville November 21. through December 13,2000 Motion by Council Member Nelson. seconded by Council Member Travis to approve the expenditures for the City from November 21. 2000 through December 13. 2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to approve the Centennial Fire District Expenditures in the amount of $26.527.67. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to approve checks #12442 - 12457 in the amount of $3.357.25. All in favor. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS ) Council Member Nelson stated that she had received a complaint in regards to snowmobiles. Council Member Nelson stated that she contacted the Joel Heckman, Centennial Lakes Police Chief in regards to same. Mr. Heckman contacted the complainant to obtain information in regards to the description of the snowmobile, etc. Council Member Nelson requested that Mr. March include snowmobile operation information in the newsletter. Mayor Wilharber questioned whether residents had been stopping at City Hall to pick up copies of the snowmobile ordinance. Mr. March stated that several copies had been distributed and that a summary ofthe ordinance would appear in the next newsletter. Council Member Broussard Vickers stated that several residents attended the Rice Creek Trail Association meeting to obtain information regarding trails, regulations, etc. VIII. UNFINISHED BUSINESS None. IX. NEW BUSINESS Ground Development - Revised PUD Request (Pheasant Marsh) Mr. March stated that Mr. Terry Hannah, Ground Development, was delayed in traffic and would be arriving shortly. Mr. Joel Cooper, Engineer, spoke on behalf of Mr. Hannah. Mr. Cooper ) updated the council on modifications made since the previously submitted plans. Page 2 of 15 . Council Member Travis requested that Mr. Cooper clarify the phasing plan and Mr. Cooper explained the three (3) phases of development. Mayor Wilharber questioned whether the developer had contacted MUSA officials concerning the swap for the development. Mr. Cooper indicated that the developer anticipated doing so shortly. Mayor Wilharber stated that all fees associated with the previously discussed MUSA swap and updating the City's Comprehensive Plan, would be the responsibility of the developer. Mr. Cooper concurred. Council Member Broussard Vickers questioned whether plans for roads within the development were available and Mr. Cooper indicated that the plans for same where not available at this time. Council Member Nelson questioned whether there would be a temporary cul-de-sac between lots 15 and 16 allowing the road to go through when the property to the south is developed. Council Member Broussard Vickers feelings regarding the placement of the temporary cuI de sac concurred with the property owner to the south, and did not agree with a temporary cul-de-sac. Council Member Vickers felt that the cuI de sac would assist snowmobilers and A TV s in accessing her property. Mr. Tom Peterson, City Engineer, expressed concern in regards to the elevation differences in the area of the curve on Dupre Road. Mr. Cooper stated that it is the intention of the developer to keep the elevation the same as the tree line and did not anticipate problems. ) Mayor Wilharber questioned the amount of acreage the entire development encompassed and Mr. Cooper indicated 54.73 acres. Mr. Jim Hoeft, City Attorney, stated that the developer indicated a desire to deed Outlots A, Band C to the City. Mr. Hoeft expressed concern for Outlot B being an easement for driveways. He then stated that the City was not interested in the Outlots and maintaining same. Mr. Hoeft suggested that the maintenance should be that of the homeowner's association. Mr. March concurred. Mr. March stated that the following items of concern regarding the development: installation of turn lanes on Centerville Road, the building of a new school to house children of this development, concern for home values within the development, park dedication fees, MUSA swap, ownership of the outlots, cul-de-sac to the north and access for those driveways, minimum garage size requirements, watershed requirements, and an Anoka County permit to access Centerville Road. Mayor Wilharber questioned how many lots were 80 feet wide. Mr. Cooper stated that six (6) or seven (7) are of that width and ten (10) lots are between 83 feet and 85 feet wide. The remaining lots are between 90 feet and 100 feet wide. Mayor Wilharber questioned whether Mr. Peterson felt building a cul-de-sac over the force main easement posed any problems. Mr. Peterson stated he did not. Mr. Peterson stated that the necessary permits to do so would need to be obtained. Mayor Wilharber questioned whether the developer had spoken to Rice Creek Watershed officials. Mr. Cooper stated that subsequent to approval by Council, they would be contacted. Page 3 of 15 Council Member Travis expressed concern for trailway access in the middle of Dupre Road. Council Member Sweeney stated that the trailway in Eagle Pass development is similar to that proposed by Ground Development. Ms. Karla DeVine, Parks and Recreation Committee Member, stated that the Parks and Recreation Committee was dissatisfied with the first plan because the trail would cross two (2) roadways and a cul-de-sac. The current proposal crosses one (1) roadway. Mr. Wayne LeBlanc, Parks and Recreation Committee Member, expressed concern for the proposed trailway width and stated that the developer may need to obtain a 30-foot easement for the trailway. Mr. LeBlanc felt that this would then make the lots smaller. Council Member Nelson questioned if the trailway would be ten (10) feet wide and paved. Mr. Cooper stated it would meet ADA requirements. Council Member Travis stated that if the trailway crossed the road there would need to be a crosswalk. Mr. Cooper stated that a pedestrian ramp and crosswalk would be installed. Mr. LeBlanc expressed concern for the width of the trailway. He questioned whether the square footage of the lot included the easement for the trailway. Mr. Cooper concurred. Mr. LeBlanc stated that some lots were small in size. Mr. LeBlanc suggested the City take into consideration the master plan to connect Centerville's trailways from east to west to connect to trails in Lino Lakes and Hugo. Mr. LeBlanc also expressed concern for pedestrians crossing Centerville Road and suggested the City consider a tunnel or flashing lights to ensure the safety of children and residents. ) Mr. March stated that other communities have used tunnels to cross county roads. Mr. March also stated that in the City of Andover a tunnel was built under a set of railroad tracks with an approximate cost of $100,000. Mr. March stated it may not be feasible for Centerville to have a tunnel to cross Centerville Road. Council Member Nelson stated that the City of Lino Lakes has a tunnel under Birch Street ensuring students safety in crossing the street. Council Member Sweeney questioned the depth of the sewer and water lines along Centerville Road. Mr. Peterson stated that typically sewer and water lines are installed approximately fifteen (15) feet deep. Mr. LeBlanc suggested if a tunnel was not feasible, perhaps flashing lights would be. Mr. LeBlanc suggested Centerville check with Anoka County to make sure the proposed trailway meets County requirements as the trailway may be able to be turned over to the County in the future as a regional trailway. Mayor Wilharber questioned the width of the trail in the Hunter's Crossing Development and Mr. Peterson stated nine (9) and one half (1/2) feet wide. Council Member Broussard Vickers questioned whether the Parks and Recreation Committee had considered the crossing of 20th Avenue regarding the trailway. Council Member Sweeney stated that the Committee had discussed this item and determined that it was impossible to plan for the trailway until the property developed. Council Member Broussard Vickers stated it may be in the best interest of the City to have the developer run the trailway north through or along Outlot A. Page 4 of 15 Council Member Sweeney questioned whether the developer could run the trailway through Outlot A. Mr. Cooper stated that Ground Development was willing to locate the trail way where the City required; however, they did not want to pay to build any more trailway than required. Council Member Nelson questioned the County's requirements for the trailway. Mr. LeBlanc indicated the only requirement he was aware of was the 10-foot wide paved trail. Mr. LeBlanc suggested that the City contact Anoka County in regards to their requirements for same. Council Member Broussard Vickers noted if the trailway ran through the north of the development there would be ample space for the trail way as it would run along the force main easement. If it ran to the south, as proposed, the trailway would run through fewer backyards. Council Member Broussard Vickers stated that the developer may need to provide a fence or barrier to discourage wandering onto private property. Mayor Wilharber questioned whether the developer had contacted Anoka County concerning obtaining a permit to access Centerville Road and for determination of required turn lanes. Mr. Cooper stated he had contacted the County and is waiting for a response. Mr. Cooper stated that Mr. Hannah has concurred with Mr. March regarding the need for turn lanes on Centerville Road. Council Member Sweeney questioned whether the developer intended on installed and entrance monument and Mr. Cooper concurred. ) Mr. March stated that Council needed to ascertain whether it wished to direct the developer to route the trailway north through Outlot A to connect to the force main easement. Mr. Cooper questioned who would be responsible to run the trailway north through Outlot A to the force main easement and Council Member Nelson stated the developer. City Attorney Hoeft expressed a desire to see the trailway, as dictated by Council, on the preliminary site plan for the development. Council Member Nelson concurred. Council Member Broussard Vickers stated that there was a concern raised at the Planning and Zoning meeting for additional traffic being directed on both Center Street and Centerville Road. Mr. March suggested Council discuss the number of lots within the development and the size of the lots. He also suggested Council discuss the cul-de-sac to the north of the development and whether the trailway should be run north through or along Outlot A. Mayor Wilharber requested clarification as to the number of lots within Pheasant Marsh. Mr. March stated Council should determine whether it was in favor of allowing the MUSA swap. Mr. March stated that the requested MUSA swap lacks incentive for the City; however, the development cannot proceed without one. Council Member Sweeney questioned the portion of the property the developer would commence building first if the City granted the MUSA swap. Mr. Cooper stated the most southern portion, closest to Centerville Road would be deemed Phase I. ) Council Member Nelson stated she felt there was no incentive for Council to grant the requested swap. Council Member Broussard Vickers indicated she did not see a reason to deny the request. Council Member Sweeney stated that an advantage of granting the MUSA swap would be controlling traffic on secondary streets. Page 5 of 15 Mayor Wilharber stated that the Hunter's Crossing development offered an additional $17,000 in park dedication fees as an incentive to the City for granting a MUSA swap. Council Member Broussard Vickers clarified that the City did not grant a MUSA swap in regards to the Hunter's Crossing development. However, the City granted development a year earlier than that earmarked by the City's Comprehensive Plan. Council Member Broussard Vickers clarified the City did not agree to a MUSA swap for Hunter's Crossing. The City agreed to allow Hunter's Crossing to come in early for an additional fee. Council Member Sweeney noted no additional land was being brought into MUSA by allowing the swap. Allowing the swap would keep construction traffic out ofthe developed area. Council Member Broussard Vickers stated she liked the layout of the development. She then expressed concern for home values within the development as the land is not very high and may not be conducive to allowing full basements. She indicated Council may wish to require R-5 size requirements. Council Member Sweeney stated that there were some issues with the City's R-5 zoning requirements as there were two (2) story home plans that would not comply. Council Member Broussard Vickers stated that the Planning and Zoning Commission was researching the matter. Mr. Cooper stated that there would be a few lots that a rambler-lookout could be built on. ) Mayor Wilharber questioned whether sewer and water were available on the east side of Centerville Road. Mr. Peterson concurred. Mayor Wilharber questioned whether residents on the west side of Centerville Road would be assessed for installation of same. Mr. March stated yes; however, they would not have to pay the assessment until the property is able to connect to same. Mr. Peterson concurred. Mr. Wes Schoeberlein, 6906 Centerville Road, expressed the following concerns regarding the development: cul-de-sac access to his driveway and traffic, providing easement for driveway access and impact of same on the size of lots 3 and 4, the trailway crossing his driveway if it were to go to the north, location of the cul-de-sac as it has been proposed and the removal of trees to connect his driveway, and approval by the City without addressing his concerns. Council Member Broussard Vickers questioned the location of the property lines between Mr. Schoeberlein property and his neighbors. Mr. Schoeberlein stated he was unclear to their location, but believed a line of hybrid willow trees is located on same. Council Member Nelson questioned whether Mr. Schoeberlein and Mr. Lundblad's properties were equal in size. Mr. Schoeberlein believed they were similar in size. Council Member Broussard Vickers questioned how the developer intended to connect Mr. Schoeberlein's driveway to the cul-de-sac if it did not abut Mr. Schoeberlein's property. Mr. Cooper stated that they would provide an easement over the property in question. Mr. Cooper showed Council Member Broussard Vickers on the map how the developer intended to connect the driveways to the cul-de-sac. Mayor Wilharber questioned whether Mr. Schoeberlein and Mr. Lundblad were connected to water and sewer. Mr. Schoeberlein stated that both were connected to sewer. Page 6 of 15 Mayor Wilharber questioned whether access could be provided to the two (2) exception properties over the Short Street easement area. Mr. Peterson stated that Short Street was actually a ditch that needed to remain in place and may need to be upgraded. As such, accessing the two (2) properties would not be feasible. Council Member Broussard Vickers indicated she approved of the following: MUSA swap; the need for the cul-de-sac issue to be resolved; lot sizes, providing a variety for buyers to choose from; the trailway run north through or along Outlot A, and permits obtained by the developer to access the development from Centerville Road. Council Member Broussard Vickers stated that the above stated items could be addressed in the developer's agreement. Mr. March stated that the City was legally required to either approve or deny the preliminary plat request within sixty (60) days of application. City Attorney Hoeft noted Council could approve the preliminary plat subject to conditions. Mr. Hannah, Ground Development, stated that he had spoken with Mr. Lundblad who expressed an understanding of the fact that development was inevitable in this area and requested the cul-de- sac issues be resolved and a barrier or berm be erected to curtail residents from accessing Centerville Road via their driveways. Council Member Travis stated he approved of the MUSA swap and would have no problem approving the preliminary plat with the agreed upon conditions. ) Mr. Hoeft again expressed a desire to receive a drawing showing the trailway running north through or along Outlot A. Mr. Hoeft questioned whether the developer would need to compress lot sizes in order to allow for the trailway. Mr. Cooper stated he did not believe that it would be necessary to comply with the City's requirements. Council Member Nelson stated she had not heard the developer commit to running the trailway through or along Outlot A. Mr. Cooper once again stated that Ground Development was willing to locate the trailway where the City required; however, they did not want to pay to build any more trailway than required. Council Member Sweeney stated that with the exception of lot Sizes, he approved of the development. Council Member Travis questioned who would be assessed for City services along Centerville Road and what the assessment amount would be. Mr. Hoeft stated that it would be impossible to estimate the dollar amount of the assessment this early in the process. Mayor Wilharber stated he believed the affected property owners would be himself and another property owner. Mayor Wilharber questioned whether he would be assessed for City services if he is not able to connect to sewer service. Mr. Hoeft stated that Mayor Wilharber would be assessed for only services that benefit his property. The value of the benefit would need to be determined prior to a dollar amount given for the assessments. Mr. Hoeft stated that Pheasant Marsh assessments would be similar to the Hunter's Crossing assessments in which the developer was responsible for the largest assessment as the developer benefited the most from those services. Page 7 of 15 . Mayor Wilharber stated he may chose to petition for water and sewer as his property would not be in MUSA until 2005. Council Member Nelson questioned who would be responsible for providing either a tunnel or flashing lights at the pedestrian crossing at Centerville Road. Council Member Travis stated if a tunnel were added as a contingency for the development it was his belief the proj ect would not proceed. Council Member Broussard Vickers stated she believed the tunnel may warrant a special fund raising project in the future. Mayor Wilharber stated the City may chose to obtain flashing lights at the pedestrian crossing on Centerville Road in order to avoid injuries. Mr. Hoeft stated that the Mayor's property would not be in the MUSA until 2005 and, therefore, the assessment may be deferred until that time. Mr. Hoeft stated that Council could approve the preliminary plat for the Pheasant Marsh PUD with the following stipulations attached: 1. Developer must obtain Rice Creek Watershed approval; 2. Developer must obtain a permit from Anoka County to access the development from Centerville Road; 3. Developer must obtain approval for the MUSA swap at developer expense; 4. Developer will be responsible for any fees associated with updating the City's Comprehensive Plan; 5. Developer must obtain design approval for the trailway from the City Engineer; 6. Developer must obtain approval of homeowner association documents relating to Outlots A, B, and C; 7. Developer must obtain City approval of resolution of the driveway/cul-de-sac issue for the exception properties to the north; and 8. Developer must obtain City approval of a developer agreement. Motion by Council Member Sweeney. seconded by Council Member Travis to approve the preliminary plat for the Pheasant Marsh PUD subject to the stipulations as outlined by Mr. Hoeft. The Developer would be required to pay park dedication fees of $1.800 per lot. All in favor. Vote - Ayes. 3 (Sweeney. Travis. Broussard Vickers) Nays. 1 (Nelson). Mayor Wilharber abstained from voting. Motion carried. Council Member Broussard Vickers stated she would like the trailway to touch or run directly past the high ground or upland area in Outlot A as there may, at some point, be a park at that location. Mr. Cooper concurred and noted that it would be the most cost effective way to build the trailway. Lloyd Drilling (Rezone - 1873 Main Street) Mr. Drilling distributed a blueprint drawing of the proposed strip mall to Council. He indicated the strip mall would be approximately 10,000 square feet. Council Member Sweeney questioned whether Mr. Drilling had contacted Anoka County to obtain a permit for access onto Main Street. Mr. Drilling stated that the property currently has access to ) same. _/ Page 8 of 15 . Mayor Wilharber questioned the location of the driveway access on Peterson Trail. Mr. Drilling indicated the access would be directly across from Apple Tree Square's entrance. Mayor Wilharber stated that both parcels that Mr. Drilling owns located on Main Street were previously zoned commercial and one (1) - 1873 Main was modified to allow the previous house. Council Member Broussard Vickers stated that several residents had attended the Planning and Zoning Commission meeting for the public hearing. Most of the opposition was to having an access into and out of the strip mall onto Shad Avenue. Residents on Shad Avenue were concerned for increased traffic. Council Member Broussard Vickers stated she had spoken to the residents of Shad Avenue following the meeting and had proposed to eliminate the access onto Shad Avenue and to provide a berm with trees and a privacy fence along the back side of the strip mall aiding in a buffer for the neighborhood. Council Member Nelson questioned whether residents of Peterson Trail expressed concern and Council Member Broussard Vickers stated that none were present at the meeting to express concerns. Council Member Sweeney stated that the access onto Peterson Trail was commercial to commercial where the access onto Shad Avenue would be commercial to residential. ) Council Member Sweeney questioned whether County Road 14 access could be moved or needed to remain as is. Mr. Drilling stated that the access could be moved to better accommodate residents and agreed to the suggestion ofberming and fencing the rear of the property. Mr. March stated the City may consider shifting the access west to better accommodate fire hall access. Council Member Sweeney stated he thought it may be best to shift the access to the east a bit. Mr. March stated that several residents indicated at the Planning and Zoning Commission meeting that the values of neighboring homes would decrease. Mr. March stated that subsequent to research, property values in the area of Apple Tree Square had increased 11.3%, which is more than legally allowed. Mr. Jerry Engler, 7127 Shad Avenue, expressed his gratitude to the Council for the recommendation to eliminate access onto Shad Avenue. Mr. Engler expressed concern that the berm and fencing not obstruct views for traffic attempting to enter Main Street. Council Member Broussard Vickers questioned drainage if a berm was installed. Mr. Drilling indicated there was a holding pond which would catch runoff. Mrs. Katie Bowman, 7130 Shad Avenue, stated she realized the commercial development would be approved and thanked Council for the suggestion of the berm, trees and fencing which will help residents maintain a residential feel in their neighborhood. Mr. Eric Bowman, 7130 Shad Avenue, suggested moving the access onto Main Street as far east as possible. He then expressed concern for the speed limit on Main Street. Mayor Wilharber stated that the City could request a traffic study but it could backfire if the County finds the majority of traffic travels faster than the posted limit the speed limit could be raised. Page 9 of 15 Mr. Engler stated that Mr. Drilling should be required to pay for the trees accidentally removed from his property. Mayor Wilharber stated that this was a civil issue between Mr. Drilling and Mr. Engler. Mr. LeBlanc suggested the building be moved closer to the street and parking be located behind the building to give more of a small town feel so that you see the building not the parking lot. Mr. Drilling stated that this was impossible because the County requires an 80-foot setback off the county road. Mr. March stated that architectural features could be added to the building to draw the eye rather than the parking lot. Mr. Engler stated he did not want the parking lot located in the back ofthe building. Motion by Council Member Nelson. seconded by Council Member Sweeney to approve the rezone of 1873 Main Street. All in favor. Motion carried unanimously. Mayor Wilharber questioned Mr. Drillings anticipated submittal of final plans. Mr. Drilling stated as soon as possible and that he would like to commence construction in the spring. Council Member Nelson questioned the types of businesses that would be coming with the new strip mall. Mr. Drilling stated he been approached by Mansetti's Restaurant and Hair Update. Annual Contract Renewals 1 j 1. 2000 Audit Contract (ABDO, ABDO, Eick & Meyers) Mr. March explained the contract was the same as the previous year with the exception of a $400 mcrease. Motion by Council Member Nelson. seconded by Council Member Broussard Vickers. to approve the 2000 Audit Contract submitted by ABDO. ABDO. Eick & Meyers. All in favor. Motion carried unanimously. 2. Joint Powers Agreement (Trail- Anoka County) Motion by Council Member Sweeney. seconded by Council Member Travis to approve the Joint Powers Agreement Anoka County Contract #2000-0178. All in favor. Motion carried unanimously. 3. Siren Maintenance (Embedded Systems) Motion by Council Member Travis. seconded by Council Member Sweeney to approve the siren maintenance contract submitted by Embedded Systems. All in favor. Motion carried unanimously. 4. Animal Control (Otter Lake) / Page 10 of 15 Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to approve the animal control contract submitted by Otter Lake. All in favor. Motion carried unanimously. 5. Minute Taking (TimeSaver) Motion by Council Member Nelson. seconded by Council Member Travis to approve the minute taking contract submitted by TimeSaver. All in favor. Motion carried unanimously. 6. Public Works Staff/Union Agreement Motion by Council Member Nelson seconded by Council Member Travis to table this item for discussion at an executive session following the regular meeting. All in favor. Motion carried unanimously. Hasiak Building Permit Mr. March explained he had heard from the Hasiak's who had informed him they did not wish to obtain a building permit due to financial constraints at this time of year. ) Mr. Hoeft stated he had spoken to Mr. Palzer concerning the matter and it is unclear as to whether or when the Hasiaks would obtain the building permit. The City does have the legal remedy to begin the process to declare the building a hazardous structure, which would require the Hasiaks to either get the permit and have the wiring inspected or risk having the City tear down the building. Mr. Hoeft recommended setting a timeline for the Hasiaks to obtain the building permit and then commencing a hazardous building action should the Hasiaks not obtain the permit. Council Member Sweeney suggested a six (6) month time limit be set for the Hasiaks to obtain the permit. Council Member Broussard Vickers questioned whether the lean to had been tom down. Mr. March indicated that it had not. Council Member Broussard Vickers questioned if Staff believed the structure to be a hazard and Mr. Hoeft stated that staff has been unable to inspect same without a building permit. Council Member Broussard Vickers questioned the distance to the nearest house from the structure and if the City had any legal liability in the case of a fire. Mr. Hoeft stated that there had been no problems up to this point and no inspections had been completed. Council Member Broussard Vickers stated she could understand not wanting to pay for the permit but did not understand why the "lean to" had not been removed. Council Member Broussard Vickers stated she did not believe there had been any good faith on the part of the Hasiaks. Mr. March stated he had been told the Hasiaks were considering leaving the "lean to" up for a dog shelter. Council Member Sweeney stated it was his understanding the "lean to" was to be removed. Mayor Wilharber suggested sending a registered letter to the Hasiaks giving them a time period to obtain the building permit and informing them the "lean to" would need to be tom down immediately. Page 11 of 15 Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to direct Staff to draft a letter to the Hasiaks giving them until May 1. 2001 to obtain the building permit or the City would move to declare the building a hazardous structure and directing them to tear down the "lean to" within two (2) weeks. All in favor. Motion carried unanimously. Public Works Building Signage (7087 - 20th Avenue South) Mr. March stated that Mr. Houle had indicated he needed additional information prior to being able to provide a cost for a proposed sign for the new public works/police substation. Mr. Houle would like to know whether the City wants a single or double-faced sign, cutout letters or free standing letters with the background removed, and what size letters the City wants. Concensus was the sign should be two-sided, have letters similar to the signs in Eagle Pass, and to allow Mr. Houle the discretion to chose the size of the letters. Turcotte Purchase Agreement and 81. Genevieve Property Appraisal Mr. March stated the appraisals were for informational purposes. Mayor Wilharber questioned whether the Church had contacted the City to discuss the property. Mr. March indicated they had not as of this time but suggested the City could send a letter to the Church. ) Mayor Wilharber stated that he would discuss this matter with Father Fitzgerald. Mr. Hoeft stated he had drafted a standard purchase agreement for the City to execute if it desired to purchase the Turcotte property. Council needs to determine whether they wish to move forward with the purchase or, ifnot, determine a time frame for proceeding. Mayor Wilharber stated the City should consider when Ms. Turcotte will be able to move into new housing and when the lease will expire for Ms. Turcotte's renter. Mr. Hoeft explained if the City purchased the property, let the lease run out and did not renew it, the City would still be responsible for relocation fees. Mr. Hoeft stated that relocation fees would excessive if one (1) residence where to be relocated. Council Member Sweeney questioned the amount of relocation fees. Council Member Broussard Vickers stated it could possibly be $2,000. City Attorney Hoeft indicated he was not sure but thought the amount could be less than $2,000. Council Member Broussard Vickers questioned whether the City would be responsible for any rent difference as a result of the relocation. City Attorney Hoeft stated the City was required to provide comparable housing. Mayor Wilharber expressed a desire to determine when the lease for the renter expires. ) Mr. Hoeft indicated that if the City executed the purchase agreement they would be legally required to pay relocation fees. Page 12 of 15 . Council Member Broussard Vickers suggested the City execute the agreement upon the expiration of the renter's lease and offer Ms. Turcotte a higher price to give her an incentive to sell to the City rather than to another party. City Attorney Hoeft suggested the City could approach the renter to offer a settlement amount, which may be less expensive. However, this would notify the renter of the City's intentions to purchase the property and the renter may insist on full payment of relocation fees. City Attorney Hoeft suggested the City contact a relocation consultant for an estimate of relocation fees in this instance. Mr. March indicated the appraiser had given him the name of a relocation consultant whom he would contact. Motion bv Council Member Sweeney. seconded by Council Member Nelson to table this matter until Staff contacts a relocation consultant to provide information on possible relocation fees involved if the City were to purchase the Turcotte property. All in favor. Motion carried unanimously. X. CONSENT AGENDA None. Xl. COMMITTEE REPORTS Mayor Wilharber reported the Police Commission meeting is scheduled for December 14,2000, at 7:00 p.m. in Circle Pines. Mayor Wilharber suggested future Councils continue to appoint liaisons to the various committees within the City to help keep Council informed. ) Mayor Wilharber reported the Lions moved the old storage building from the old public works building. The items have been removed from the haunted house and are being stored in the old public works building. Mayor Wilharber noted he had asked Mr. March to include information in the Council packets concerning switching some of the City accounts from Firstar to County Bank. Motion by Mayor Wilharber. seconded by Council Member Travis to direct Staff to move whichever accounts Staff deems appropriate to County Bank effective as of January 1. 2001. All in favor. Motion carried unanimously. Mayor Wilharber stated he had received a letter from the League of Minnesota Cities offering training for elected officials for anyone interested. Council Member Sweeney presented information from the Parks and Recreation Committee on its year-end accomplishments, budget, and projected goals for 2001. Council Member Sweeney reported he had enjoyed his time serving as liaison to the Parks and Recreation Committee. He thanked Council on behalf of the Parks and Recreation Committee for Council's assistance, which helped them to reach their goals. Mayor Wilharber thanked Council Member Sweeney for his efforts to serve as both the Parks and Recreation liaison and the cable commission liaison. Page 13 of 15 Council Member Broussard Vickers reported the Planning and Zoning Commission was working on changes to the sign ordinance and amendments to Ordinance #4. There will be a public hearing on the sign ordinance at the next Planning and Zoning Commission meeting. Council Member Travis reported the EDC is looking for activities to get involved in and is also recruiting members. XII. ADMINISTRATOR'S REPORT Centennial Lakes Police Department's Use of the Public Works Site (1694 Sorel) Mr. March explained he had received a request for permission to allow the Police Department to store their squads in the old public works department building during the winter. Council Member Sweeney questioned what the Police Department planned to do for squad storage next winter. Mayor Wilharber indicated he would like a clarification on the request from the Police Department. He indicated he would speak to the Chief and report back to Council. Mr. March explained the City had received seven (7) applications for the Fete des Lacs Committee and as the committee is a seven (7) member committee he recommended approval of the seven applicants. Motion by Mayor Wilharber. seconded by Council Member Broussard Vickers to appoint the seven applicants to the Fete de Lacs Committee as recommended by Staff. All in favor. Motion carried unanimously. Mr. March explained to Council he had prepared a Resolution adopting the tax levy that could be approved tonight or at the December 27, 2000 meeting, as it did not need to be approved until December 28, 2000. Council Member Sweeney indicated he had received comments as recently as last night concerning the tax increase. Taxes were not raised but property values were increased. Motion by Council Member Broussard Vickers and seconded by Council Member Sweeney to approve Resolution 00-38 adopting the tax levy. All in favor. Vote - Ayes. 4 (Sweeney, Nelson. Broussard Vickers. Wilharber) Nays. 1 (Travis). Motion carried. Motion by Council Member Travis. seconded by Council Member Sweeney to recess to the Executive Session at 9:46 p.m. All in favor. Motion carried unanimously. Motion by Council Member Broussard Vickers, seconded by Council Member Sweeney to table the union contract. close the Executive Session and re-open the regular council meeting at 10:12 p.m. All in favor. Moction carried unanimously. XIII. ADJOURNMENT Motion by Council Member Sweeney, seconded by Council Member Broussard Vickers to Adjourn the December 13. 2000 City Council Meeting at 10:13 p.m. All in favor. Motion carried unanimously. Page 14 of 15 II. CITY OF CENTERVILLE CITY COUNCIL MEETING NOVEMBER 20, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly sche ' meeting on November 20,2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Mari Nelson ABSENT: None. STAFF: City Administrator, Jim March City Engineer, Tom Peterson Public Works Director, Pau . I. bacco license renewals and bids for interior wall s. weene seconded b Council Member Nelson to ded. All in favor. Motion carried unanimousl . TION OF MINUTES 1. November 8, 2000 Meeting Minutes Page I of9 Council Member Sweeney requested that on Page 3 the reference to "Sweeney noted received complaint concerning road closure" be changed to "Travis". Council Member Travis requested on Page 7 a change from "outlet" to "outlay". Motion by Council Member Sweeney. seconded by Council Member Travis to approve the November 8. 2000. City Council Meeting Minutes with the noted changes. Council Member Nelson abstained. Motion carried. VI. PAYMENT OF CLAIMS The City ofCenterville November 9. through November 20.2000 Motion bv Council Member Sweeney. seconded by Council Member Travis to approve the expenditures for the City from November 9. 2000 through November 20.2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion bv Council Member Nelson. seconded by Council Member Broussard Vickers to approve the Centennial Fire District expenditures in the amount of $27.844.21. All in favor. Motion carried unanimously. ) Council Member Sweeney clarified the $12,000 common area expense for the Centennial Fire District and stated that the common area is used for training at Station #2 in Lino Lakes. Council Member Sweeney explained that there is an agreement in place that the cost of the common area room be divided among the cities. Pay Estimate #3 - Hunter's Crossing Mr. Peterson indicated this is Pay Estimate #3 for Hunter's Crossing. The sanitary sewer and water main have been installed and tested by Northdale Construction, along Centerville Road and throughout the development. Street construction is complete for the 2000 construction season and restoration work is ongoing. Motion by Council Member Sweeney. seconded by Council Member Travis to approve Pay Estimate #3 for Hunter's Crossing in the amount of $52.122.65. All in favor. Motion carried unanimously. Pay Estimate #2 - Lift Station #2 Mr. Peterson indicated Pay Estimate #2 for Lift Station #2 is primarily for the force main replacement which was added to Penn Contracting's contract as a change order. Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to approve Pay Estimate #2 for Lift Station #2 in the amount of $63.550.93. All in favor. Motion carried unanimously. ) Page 2 of9 VII. PETITIONS AND COMPLAINTS Mr. March stated that he had heard several rumors concerning the City Council's approval of expenditures to update City Hall. Mr. March explained that the quote was for $50,928.00 which includes new paint, new carpet, all new office furniture, a new copier, and a new telephone system. The City Council has also approved the furring out of the outside office walls as they radiate cold air and make for an uncomfortable working environment. Those bids will be presented later in the meeting. Mr. March clarified that there is extra capital to be used for this project because there have been several projects that funds were budgeted for that were not approved or not acted upon. There were funds budgeted for this project at one point and then the upgrade was voted down. Mr. March noted that if Council deemed fit they have the ability to lower the tax levy. He then invited residents to either call City Hall to express their opinions or to attend the Truth in Taxation Hearing scheduled for December 4, 2000 at 6:00 p.m. Council Member Sweeney stated that he had been personally questioned concerning the City Hall upgrade at a business in town. Council Member Sweeney stated that he had given the person the exact dollar amounts. Despite having the correct facts, Council Member Sweeney later learned that this person had conveyed incorrect facts to another resident, thereby perpetuating the negative rumors concerning the update. ) J Council Member Sweeney stated that the original quotes for the various components of the upgrade had been obtained several months prior to presentation at the November 8, 2000 City Council Meeting. To indicate, as residents have, that this was a politically motivated agenda item is inappropriate and he feels personally attacked. Council Member Sweeney noted he believed that Council has acted fiscally responsibly during the course of their tenure. Council Member Sweeney stated that there may be other ways to expend the extra capital, but he feels the update to City Hall is justified and appropriate at this time. Council Member Nelson indicated she had originally voted to keep the tax levy the same as citizens had told her they liked the way things were. She indicated she had a question as to whether a possible buildout of more offices in City Hall or a possible expansion to City Hall had been considered in the current plans for the upgrade. Mr. March explained to her previously that the upgrade would not be a waste of money should a major change to City Hall occur. Having this information from Mr. March she feels comfortable with approving the updates to City Hall. ) Council Member Travis stated that he was at City Hall on election night waiting for the results and City Hall was crowded and after spending the entire evening there it was clear to him that City Hall needs the proposed updates. He then invited residents to corne to City Hall and look around. The upgrades are long overdue and he feels most of the items on the list are a simple matter of maintenance to the building. Page 3 of9 Mayor Wilharber stated that he was surprised that anyone would say that approval of the update for City Hall was politically motivated. He indicated staff came to the new building in 1992 and brought along all of the old furniture and equipment. There has not been anything new added over the course of the last eight years. Any equipment or furniture has been obtained through hand-me-downs or governmental surplus sales. It is time for a proper update of furniture and equipment for City Hall. The other items such as paint and carpet are simply a matter of maintenance for the building. Mayor Wilharber also indicated that with the exception of Council Member Nelson not one other Council Member had received a call concerning the matter. He invited residents to come to the meetings and/or contact City Hall to express their opinions. He has no problem recommending approval of this expenditure. Motion by Mayor Wilharber. seconded by Council Member Nelson to approve the submitted bid from R.J. Sheppard Construction in the amount of $3.340.00 for the furring out. insulating. and running of electrical outlets along the outside block walls within the office area of City Hall. Council Member Broussard Vickers abstained. Motion carried. Council Member Sweeney stated that the bid for painting may need to be adjusted to take into account the new sheetrock as it will absorb more paint. City Attorney Hoeft stated that any additional amounts for painting may be approved in the future as a change order. ) Council Member Nelson stated that she had received a complaint from a mother concerning the ice rink in her neighborhood and questionable activity. This mother believes it to be drug related. The mother has requested that Council set-up police patrol on this area. Mayor Wilharber stated he would pass the information on to the police department. Mayor Wilharber read a letter from Ms. Monica Travis in support of the Pheasant Marsh development. She feels the development would be an asset to the community while expanding the tax base. VIII. UNFINISHED BUSINESS None. IX. NEW BUSINESS Schlavin Variance Request - Sign Mr. March stated that Mr. Schlavin had requested a variance to install a 4x6 illuminated business sign. Current ordinance allows a two square foot sign as Mr. Schlavin is currently governed under the home-based business ordinance. This item was presented to the Planning and Zoning Commission on November 14, 2000 and the Planning and Zoning Commission voted unanimously to deny the request due to the fact that the request did not meet the four criteria for granting a variance. The Planning and Zoning Commission invited Mr. Schlavin to attend the workshops scheduled to discuss the Page 4 of9 changes to the sign ordinance. They also requested he bring tax information to the meeting as he had indicated at the meeting he was being taxed commercially for that part of the structure being used for his business. Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to deny the Schlavin variance request. Nelson. Sweeney. Travis and Broussard Vickers - aye. Mayor Wilharber - nay. Motion carried. Council Member Travis questioned whether the Planning and Zoning Commission intended to change the sign ordinance to allow for a larger sign for businesses located in a mostly commercial area or on a county road. Council Member Broussard Vickers stated that the Planning and Zoning Commission is revisiting the issue at their workshop and had invited Mr. Schlavin to help them with the decision making process. It was the consensus of the Committee that provisions needed to be made to allow larger signs for home-based businesses located in a mainly commercial district or on a county road. Mayor Wilharber questioned whether there are other home-based businesses in the community being taxed commercially. Mr. March indicated he did not have the information readily accessible. ) Mayor Wilharber stated that home-based businesses take away from the business tax base for the City. Mr. March stated that the City tried to address the issue of providing for home-based businesses while not taking away tax base from the City during the rewriting of Ordinance #4. Mr. March also stated a need for constraints for the home-based businesses while still allowing them to operate within the City. Ground Development - Pheasant Marsh PUD Mr. Terry Hannah, Ground Development, submitted information to the Planning and Zoning Commission at the November 14,2000 meeting. The proposed PUD requests an eighty-eight (88) lot subdivision. The Planning and Zoning Commission voted to deny approval of the PUD based on the fact that the plat did not meet the minimum requirements for a PUD. The primary reason for denial was the plan did not contain a minimum of 20% common open space. The developer had shown a 21.7% open space area but same consisted of rear yards and other private areas. The developer has since resubmitted a revised plat and request for PUD. The revised plat is reported to contain seventy-eight (78) lots and allow for the required common open space. Staff and the Planning and Zoning Commission recommend the PUD request be denied. Motion by Council Member Sweeney. seconded by Council Member Nelson to deny approval of the submitted Pheasant Marsh PUD as recommended by Planning and Zoning Commission. All in favor. Motion carried unanimously. ) Council Member Travis questioned whether the PUD in the Council packet was the same as reviewed by the Planning and Zoning Commission or if it was the revised plan. Mr. March indicated it was the same plat as reviewed by the Planning and Zoning Commission. Page 5 of9 Mr. DeVine, a member of the audience and Planning and Zoning, questioned whether the revised plat was for a PUD or for R-2 zoning as the developer had indicated he would resubmit to reflect R-2 zoning. Mr. March stated that the developer had changed his mind in regards to R-2 zoning and submitted a revised plat for PUD. Council Member Broussard Vickers indicated her desire to have staff obtain information on the school boundaries and the MUSA Comprehensive Plan for the City of Lino Lakes. Council Member Broussard Vickers stated that she would like Council to review the information and discuss plans to coordinate development with the City of Lino Lakes so that Centerville is not negatively impacted by having a large number of children from outside of the City boundaries attending Centerville schools. Mayor Wilharber proposed having a joint meeting with the school district and the City of Lino lakes concerning development and its impact on the school district. Council Member Broussard Vickers stated that the Comprehensive Plan has been available for three (3) years and the school district should not have been surprised by the proposed Pheasant Marsh development. Council Member Broussard Vickers stated that she would like to get the information concerning the school boundaries and MUSA plans for the City of Lino Lakes prior to the joint meeting. Mr. March stated that residents of Centerville along with the City Council need to have a strong voice when the school boundaries are redrawn. The oldest schools have the highest density. ) Council Member Sweeney stated that there are temporary classrooms at the school that have been there for several years. The library has also been converted to classrooms that do not have doors which is very distracting. The issue of overcrowding needs to be addressed to provide a quality education for the children of Centerville. Mayor Wilharber stated that all one needs to do is to speak with teachers and administrators at the schools to understand why enrollment is high. Parents want their children to go to Centerville schools. He took issue with an article in the Quad Community Press that stated older people and people with no children typically vote against the school bond issues. Mayor Wilharber stated that he, his wife, and his elderly mother all voted in favor of the school bond as children are the future and it is very important to provide a quality education for them. Council Member Sweeney stated that the City needed to look at this issue carefully to ensure that Centerville is not negatively impacted due to growth in the City of Lino Lakes and that growth's affect on the school district. Council Member Broussard Vickers indicated there were residents who were unhappy with the traffic the new development would bring. There was one resident who was upset and surprised that there would be a trail running along his property line. He was under the impression that the undeveloped area next to his property was a nature area. There were comments from those concerned for the impact on the school district. There was also a concern for the driveways of two (2) residents to the north of the development. ) Mayor Wilharber questioned how those two (2) residents currently access their property. Council Member Broussard Vickers indicated one (1) of the residents had indicated he Page 6 of9 had an easement but the developer has been unable to locate any information on the easement. Council Member Sweeney questioned if that area was the easement area for the sewer force main. Council Member Broussard Vickers stated she believed so. Council Member Broussard Vickers stated that approval of any plan from the developer was contingent upon approval of a MUSA line swap. Mr. March stated that he did receive a call from one (1) property owner adjacent to the proposed development who had questions concerning the development but was very open to the development coming to town. Council Member Broussard Vickers stated that one (1) resident expressed concern for a park located in the development to accommodate children who now have to cross Main Street to go to the park. Council Member Sweeney stated that the Parks and Recreation Committee had mentioned having the developer mitigate a portion of the wetland located on the east side of the development for a small park to be added onto should the property to the south develop in the future. Consensus was to invite the Superintendent of Schools to a future Council meeting to discuss development in Centerville and its impact on Centerville's schools. Holidav Celebration - Request for Fundin~ ) Mayor Wilharber questioned as to the dollar amount expended for last year's celebration. Mr. March indicated it was $796.38. Council Member Sweeney questioned whether the approval was for "not to exceed" $850.00, meaning the party may not cost $850.00. Mr. March concurred. Motion by Council Member Nelson to approve $800.00 for the holiday celebration. The motion died for lack of a second. Motion by Council Member Travis. seconded by Council Member Broussard Vickers to approve $850.00 for the holiday celebration. Sweeney. Travis. Broussard Vickers and Wilharber - aye. Nelson - nay. Motion carried. Liquor and Tobacco License Renewals Mr. March submitted liquor and tobacco license renewals as prepared by staff. Council Member Broussard Vickers questioned whether all renewal license applicants had provided the proper insurance. Mr. March indicated proof of insurance is a requirement of the renewal process. ) Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney. to approve the liquor and tobacco license renewals as presented by staff Page 7 of9 provided the proper insurance information is received. Sweeney. Travis. Broussard Vickers and Wilharber - aye. Nelson - nay. Motion carried. \ ~c) x. CONSENT AGENDA Resignation of Police Commission Chair - Mady Reiter Mayor Wilharber read a letter of resignation from Police Commission Chair, Mady Reiter, submitted due to her recent election as Senator for District 53. Mayor Wilharber complimented Ms. Reiter on a job well done and indicated the Police Commission will miss her. The Police Commission has begun the process of replacing Ms. Reiter. Motion by Mayor Wilharber. seconded by Council Member Nelson. to accept the resignation of Police Commission Chair. Mady Reiter. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS Council Member Travis stated that the Economic Development Committee meeting was scheduled for Tuesday, November 21, 2000. ) Council Member Sweeney had no information to report from the Parks and Recreation Committee meeting. The Cable Commission meeting was moved to December 13, 2000 and they are expecting to finalize the new franchise documents. That meeting is scheduled for the same night as the Council meeting so a Staff liaison will need to be appointed to attend the Cable Commission meeting. Council Member Sweeney also stated that since he did not seek re-election to the Council the new Council would need to appoint either a Council liaison to attend Cable Commission meetings or a Staff liaison. Attendance at the meetings is very important or the City could lose some of its franchise fees. Council Member Broussard Vickers stated that the Planning and Zoning Commission is working on revisions to the sign ordinance and has workshops planned to discuss the Issue. Mayor Wilharber stated that the Police Commission met on November 9, 2000. The new police officer is off of temporary status. The new Council will need to appoint a Council Liaison to the Police Commission. XII. ADMINISTRATOR'S REPORT Mr. March stated the Truth in Taxation Hearing is scheduled for December 4, 2000. The continuation hearing, if necessary, is scheduled for December 20,2000. Staff has received an offer of $16,000 for the purchase of the Green, Ford F250. Mr. March reported that it cost the City $1,000 for each of the four (4) years the City used the truck. Page 8 of9 Motion by Council Member Sweeney. seconded by Council Member Nelson to accept the offer of $16.000 to purchase the Green. Ford F250. All in favor. Motion carried unanimously. Mayor Wilharber thanked Mr. March and Mr. Palzer for a job well done indicating the City and City residents owe them a debt of gratitude for their diligence in working to save the City money. XIII. ADJOURNMENT Motion by Council Member Sweeney. seconded by Council Member Travis to adjourn the November 20. 2000 City Council Meeting at 7:35 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. ) Page 9 of9 III. CITY OF CENTERVILLE CITY COUNCIL MEETING NOVEMBER 8, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly meeting on November 8, 2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers ABSENT: Council Member Mari Nelson ST AFF: City Administrator, Jim March City Engineer, Tom Peterson I. CALL TO ORDER Mayor Wilharber called p.m. II. seconded b Council Member Travis to in favor. Motion carried unanimousl . public hearing at 6:02 p.m. ociates, gave a brief overview of the expansion plans for the tax abatement process. neil Member Broussard Vickers seconded b Council Member the ublic hearin . All in favor. Motion carried unanimousl . er closed the public hearing at 6:06 p.m. 2. Delinquent Utilities for 2001 Certification Page 1 of 10 Mayor Wilharber opened the public hearing at 6:07 p.m. Mr. March noted that several residents had paid their delinquent amounts prior to the public hearing. Council Member Sweeney questioned whether the City could hire a collection agency rather than certifying the delinquent amounts with Anoka County. Mr. March indicated that an assessment would be attached to the property whether or not the property owner filed bankruptcy. If a collection agency was used, and the City obtained a civil judgment, same could be discharged in the case of bankruptcy. City Attorney Hoeft confirmed. Council Member Sweeney stated that he was concerned that the list contained several property owners who consistently are delinquent. Council Member Sweeney questioned whether a property owner could write off the assessment as a property tax when filing taxes. City Attorney Hoeft indicated it would be improper to attempt to write off an assessment as a property tax. The property tax statement received from the County will differentiate between taxes and assessment amounts. Council Member Broussard Vickers expressed concern that the property owners with delinquent utilities are essentially receiving an interest free loan for minimal administrative fee of $25. Council Member Broussard Vickers questioned whether the administrative fee could be increased. City Attorney Hoeft confirmed, provided the City stayed within the allowable usury laws. Council Member Broussard Vickers questioned whether the names of individuals with delinquent utilities could be published. City Attorney Hoeft confirmed. Mr. March stated he would prefer to notify residents, prior to the public hearing process, that their names and addresses would be published if unpaid prior to that point. Mr. March felt that this may prompt residents to satisfy amounts that are delinquent. Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to close the Dublic hearin2:. All in favor. Motion carried unanimously. IV. APPEARANCES/A WARDS None. V. CONSIDERATION OF MINUTES 1. October 25, 2000 Meeting Minutes Mr. March requested the following modifications: Page 3, first paragraph, change "3x3" to "3 foot wide by 16 foot long". As a side note, Mr. March informed Council that the property owners would repair their driveway in the spring and would like the City to repair the end of the driveway at the same time. Page 6, second paragraph, add "or if additional monies need to be expended"; Page 7, under the Administrator's Report in the Page 2 of 10 first paragraph, change "meeting" to "meet"; Page 7, under Administrator's Report in the third paragraph, add "is"; In the following sentence, change "relocations" to "relocation" . Motion by Council Member Sweeney. seconded by Council Member Travis to avvrove the October 25. 2000. City Council Medin!!: Minutes with the noted chan!!:es. All in favor. Motion carried unanimously. VI. PAYMENT OF CLAIMS The City of Centerville October 26. through November 8. 2000 Motion by Council Member Sweeney. seconded by Council Member Travis to avvrove the exvenditures for the City from October 26.2000 throu!!:h November 8. 2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Travis. seconded by Council Member Sweeney to avvrove the Centennial Fire District exvenditures in the amount of $39.957.94. All in favor. Motion carried unanimously. Pay Estimate #1 - Lift Station #2 City Engineer Peterson, stated that the presented pay estimate included work completed through October 27,2000. The Pay Estimate included billing for the following services: demolition and removal of the existing pumps and controls; installation of the valve vault; installation of the new pumps; all underground piping; and initial site work. Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers to avvrove Pay Estimate #1 for Lift Station #2 in the amount of $41.714.50. All in favor. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Council Member Broussard Vickers stated that she had received a telephone call concerning the condition of the residence located at 7121 Centerville Road. She noted the item was on the agenda and would reserve comment until the item was heard. Mayor Wilharber indicated he had received several complaints concerning an ongoing garage sale at the intersection of Peltier Lake Drive and Main Street and requested that a letter be forwarded to the property owner notifying them of the nuisance ordinance. Council Member Travis stated he had received a complaint concerning the closing of Centerville Road due to the sewer leak. Mr. March indicated he had received a call from the on-duty, Public Works employee at approximately 7:00 a.m. on Saturday concerning a leak in the 10" sewer force main Page 3 of 10 running under Centerville Road. The on-duty, Public Works employee responded to the area and notified the appropriate officials concerning the leak. Mr. March indicated he had contact the Minnesota Pollution Control Agency to question whether there was a sewage spill the City should be aware of. He was informed that a representative was researching the matter and would be contacting him on Thursday, November 9, 2000 with the requested information. Mr. March also stated that there was a recent sewer leak at the intersection of Old Mill Road and Peltier Lake Drive. Mr. March stated that property owners within the area have private wells and expressed concern that their wells may have been contaminated with bacteria as a consequence of the leak. Several residents sent individual water samples to a lab for analysis and several of the samples were found to be contaminated. Several of the same residents contacted the City to inform the City of the problem. The City arranged to take individual samples from the affected residences and forwarded same to the lab used by the City. Those samples were found to contain no bacteria. The lab used independently by the residents has since admitted to having contaminated samples. Mayor Wilharber questioned whether the City had a responsibility to immediately inform residents of a sewer leak in areas where residents have private wells. City Engineer Peterson indicated that the Public Works staff acted appropriately to contain the spill and notified the proper authorities. Mr. Peterson also stated that it would be informative and courteous to notify residents in similar situations. VIII. UNFINISHED BUSINESS Resolution 00-30 Cable Franchise Extension Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers to approve Resolution 00-30. a Resolution Extendine: the Term of the Cable Franchise Granted to MediaOne North Central Communications Corp.. d/b/a AT&T Broadband. All in favor. Motion carried unanimously. Resolution 00-31 - Awarding Sale of $650.000 G.O. Improvement Bond (Hunter's Crossing) Mr. George Eilertson, Juran and Moody, presented information to Council on three (3) bids received for financing the bond. The lowest bid contained the lowest net interest and was submitted by United Banker's Bank. A typographical error was noted "Country Bank" should be changed to "County Bank". Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to adopt Resolution 00-31. a Resolution Awardine: the Sale of $650.000 General Oblie:ation Improvement Bonds of 2000 Fixine: their Form and Specifications; Directine: Their Execution and Delivery; and Providine: for their Payment to United Banker's Bank. All in favor. Motion carried unanimously. Page 4 of 10 Lawn Care Service Bids Mr. March stated that the presented bids were received from Valley Creek Lawn & Landscape, Inc., the City's current lawn service provider, and Grass Roots Lawn & Snow. The bid from Valley Creek Lawn & Landscape, Inc., was approximately $500 less than that of Grass Roots Lawn & Snow. Motion by Council Member Sweeney. seconded by Council Member Travis. to accept the Bid of Valley Creek Lawn & Landscape. Inc.. for Lawn Care Services for 2001. All in favor. Motion carried unanimously. IX. NEW BUSINESS Northern Forest Products Mr. Paul McDowell, Northern Forest Products, appeared before Council and indicated his company is still in the planning stage for the expansion. The site has been graded and nothing has changed since he was before Council previously. Council Member Broussard Vickers inquired as to whether all the terms and conditions of the tax abatement were agreeable to Mr. McDowell. Mr. McDowell indicated they were. Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers to adopt Resolution 00-33. a Resolution AuthoriziD!~ a Five (5) Year Tax Abatement for the Northern Forest Products Expansion. All in favor. Motion carried unanimously. Ground Development - Pheasant Marsh PUD Mr. Terry Hannah, Ground Development, appeared before Council and informed them of the status of the Pheasant Marsh Planned Unit Development (PUD). Mr. Hannah stated that he has met with the two (2) property owners to the north of the development in regards to driveway access. Mr. Hannah stated that they are currently driving over a sewer easement and mayor may not have a valid easement to do so. Mayor Wilharber questioned whether the use of the easement by the residents for an extended period of time entitles them to continue to do so. City Attorney Hoeft indicated it is possible that the residents may be entitled to use the land due to the length of time involved. Council Member Sweeney stated that the Parks and Recreation Committee had expressed an interest in having the trail way run over the same easement. Mr. March stated that he had received three (3) e-mails concerning the timing of the development in relation to the overcrowding of the elementary schools. Council Member Sweeney also stated that he had received calls concerning the development and noted the City's Comprehensive Plan indicated the area is scheduled for development between the Page 5 of 10 years 2001 and 2005. Council Member Sweeney stated that the school district should have been aware of the coming development and as the timing of the development is in line with the Comprehensive Plan there should not be a cause for concern. Mayor Wilharber questioned whether the developer had made the modifications previously requested by Council. Mr. Hannah indicated that he had made the modifications and would be presenting the revised plan to Council at the public hearing. Resolution 00-32 - Delinquent Utilities Motion by Council Member Travis. seconded by Council Member Sweeney to Approve Resolution 00-32. a Resolution Authorizin2: the City to add a 100/0 Late fee and an additional $25.00 administrative fee to the delinQuent utility bills and authorizin2: the amounts to be certified to the Anoka County Auditor to appear on 2001 property tax statements. Council Member Sweeney stated that he would like a letter sent to the individuals on the delinquent utility bill list informing them if they are on the list next year that their names will be published. Council Member Broussard Vickers indicated she would like to publish the names commencing next year. She also indicated she would like to increase the administrative fee and interest rate if possible. Consensus was to direct City Attorney Hoeft to research the administrative fee and interest rate under the usury laws and report back to Council. All in favor. Motion carried unanimously. Election Canvassing Mayor Wilharber read the election statistics as presented by the City Clerk/Treasurer. Motion by Council Member Broussard Vickers. seconded by Council Member Travis to accept the election canvassin2: as presented. All in favor. Motion carried unanimously. Joint Law Enforcement Council Mr. March stated that the City needed to approve an amendment to the By-Laws of the Anoka County Joint Law Enforcement Council to become an official member. Mr. March stated that the amendment allows for City representation. Mr. March also stated that the Centennial Lakes Police Department Police Chief and the Centennial Lakes Police Department Police Commission Chair would be representing the City. Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney. to approve the amendment to the By-Laws of the Anoka County Joint Law Enforcement Council allowin2: the Centennial Lakes Police Department Police Page 6 of 10 Chief and the Centennial Lakes Police Department Police Commission Chair represent the City. All in favor. Motion carried unanimously. W oiak Sewer Repair/Servicing Reimbursement Mr. March submitted a request from Mr. Larry Woiak, 6925 Centerville Road, for reimbursement for sewer repairs due to improper installation ofthe City's sewer line. Council Member Travis questioned the possibility of an "even exchange" due to the fact that Mr. Woiak was not paying for City services while receiving them. Mayor Wilharber clarified that the previous home owner was not paying for services and that Mr. W oiak had come to the City informing them of the problems that his residence was experiencing and at that point the City commenced billing. Council Member Broussard Vickers questioned whether the problems experienced by Mr. Woiak were due to the line located in the City's right-of-way or in the connection line from the residence to the City's stub. City Engineer Peterson stated that the line had disconnected due to the angle of installation and tree root growth was causing the problems. City Attorney Hoeft stated that if the problem is in the City's line it is then the responsibility of the City to pay for repairs. City Engineer Peterson confirmed that this was the case. Council Member Travis requested that staff research a $40 notation to ensure that this amount had not previously been reimbursed. Motion by Council Member Broussard Vickers, seconded by Council Member Travis to reimburse Mr. Woiak for sewer repair up to $630.50 and directine: staff to investie:ate the $40. All in favor. Motion carried unanimously. City Hall Updating Mr. March presented several proposals for updating furniture, telephone system, copy machine, painting and carpeting City Hall. The estimate for the total upgrade as presented is approximately $54,000. Council Member Sweeney requested that the walls be furred out and insulated to prevent cold air from radiating into the offices from the concrete walls. Mayor Wilharber questioned whether the funds were included in the budget. Mr. March indicated it was not included in the budget. Council Member Sweeney questioned whether funds were available for the upgrade. Mr. March recommended using the remaining capital outlay funds for the year and using funds from the general fund for the remainder. Mayor Wilharber stated that City employees have been scraping by with "odds and ends" for equipment and noted it was time to improve equipment and furniture. Page 7 of 10 Motion by Council Member Sweeney. seconded by Council Member Travis to aDDrove the uDerades to City Hall as Dresented by Mr. March includine furrine out and insula tine the eXDosed block walls in the administrative offices. All in favor. Motion carried unanimously. Ground Development - Pheasant Marsh PUD This item was heard earlier in the meeting. Appraisals - Turcotte Property Mr. March submitted an appraisal ofthe Turcotte property for Council review. Council Member Sweeney stated that the Parks & Recreation Committee was interested in adding a portion of the property located on the same block to Laurie LaMotte Memorial Park. Mayor Wilharber stated that the Turcotte property would be an intricate parcel if the City intended on redeveloping the block. Council Member Broussard Vickers stated she felt that the value of the property would steadily increase and the City would benefit from purchasing same. Motion by Council Member Sweeney seconded by Council Member Travis to authorize staff to enter into neeotiations to Durchase the Turcotte DroDertv. All in favor. Motion carried unanimously. Notice of Sub-Standard Building -7121 Centerville Road Mr. March presented pictures of the property located at 7121 Centerville Road. Mr. March noted there were two (2) additional properties within the City that Staff is in the process of citing for similar violations. Council Member Broussard Vickers inquired as to how the process for handling similar situations may be completed more effectively and. City Attorney Hoeft indicated the property needs to be declared a sub-standard property for each violation and can not be determined to be a constant problem. This means the City needs to initiate the process each time the problem occurs and would not be allowed to contract for services to continually keep the property up to required standards. Subsequent to lengthy discussion, consensus was that Staff be directed to investigate all possible ordinance violation complaints, including verbal and anonymous complaints. Motion by Council Member Sweeney. seconded by Council Member Travis to direct Staff to investieate written. verbal and anonymous comDlaints concernine Dossible ordinance violations. All in favor. Motion carried unanimously. Page 8 of 10 x. CONSENT AGENDA None. XI. COMMITTEE REPORTS Council Member Sweeney reported that the Parks & Recreation Committee had discussed the Pheasant Marsh Planned Unit Development (PUD) and had noted concern for lot sizes and the location of the trailway. Council Member Sweeney also noted the Parks & Recreation Committee would like to propose mitigating some of the wetland near the back corner of the property for a future park in the event the property to the south is developed. Council Member Sweeney reported on the various activities of the Parks & Recreation Committee indicating the desire of the Committee to carry remaining funds forward for next year's projects. Mr. March indicated a representative from the proposed Lino Lakes YMCA had expressed an interest in working in conjunction with the City to build a skate park. Council Member Travis indicated that the Economic Development Committee meeting was scheduled for next week. Council Member Broussard Vickers indicated the Planning and Zoning Committee meeting was scheduled for next week. Mayor Wilharber indicated the Police Commission meeting was scheduled for Thursday, November 9, 2000 at 7:00 p.m. He then clarified information reported in the newspaper concerning the underage drinking at Water Works Beach Club. Police Officers make arrests outside of the establishment of underage individuals either drinking in their vehicles or in the parking lot. These arrests are reported as being at Water Works Beach Club which means they did not occur within the establishment. Mayor Wilharber stated that if Water Works Beach Club had underage drinking occurring within the establishment they would lose their liquor license. XII. ADMINISTRATOR'S REPORT Mr. March noted the next regularly scheduled meeting fell on the Wednesday before Thanksgiving and inquired as to whether the Council would like to reschedule the meeting to November 20,2000. Motion by Council Member Sweeney. seconded by Council Member Travis to reschedule the City Council Meetim~ from November 22. 2000 to November 20. 2000. All in favor. Motion carried unanimously. Council Member Broussard Vickers questioned whether Mr. March had requested information from the City Attorney concerning the possibility of placing a moratorium on development within the City. Page 9 of 10 City Attorney Hoeft reported that the City could place a moratorium on development; however, the City would be required to perform various studies to determine how additional development would affect the City. Mr. Hoeft stated that it be beneficial if the City took a proactive approach by declaring a development moratorium and begin the studies rather than trying to discourage a developer once they have presented the City with development plans. A moratorium could last up to 2 Yz years, but rarely does as the studies are completed prior to the expiration of the 2 Yz year period. Council Member Sweeney questioned the cost of the studies required. Mr. Hoeft indicated that the City would need to hire outside consultants and felt that it would be very costly for a city such as the size of Centerville. City Attorney Hoeft indicated the City does have the means to stop development; however, suggested that a moratorium not be taken lightly. XIII. ADJOURNMENT Motion by Council Member Sweeney. seconded by Council Member Travis to adiourn the November 8. 2000 City Council Meetin!! at 8:30 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 10 of 10 II. CITY OF CENTERVILLE CITY COUNCIL MEETING OCTOBER 25, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly sc meeting on October 25,2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers ABSENT: Council Member Mari Nelson STAFF: City Administrator, Jim March City Engineer, Tom Peterson Public Works Director Paul Palz I. CALL TO ORDER Mayor Wilharber calle 5, Restoration of City Fire Truck, . ce Creek Watershed as Item 7 under seconded b Council Member Sweene to with the noted additions. All in favor. Motion TION OF MINUTES Mayor Wilharber requested the following changes: Remove reference on Page 3 to Mrs. Salazar as she was not present at the public hearing; indicate on page 6 that Mr. Peterson indicated the cost for the additional trailway could be born by the developer; on Page 7 correct the spelling of John to "Jon"; on Page 8 change the comment by Mayor Wilharber Page 1 of8 to indicate only two (2) police vehicles will be parked at the public works building; on page 13 to reference the Lion's storage building rather than the old, red, concession stand. Council Member Sweeney requested the following changes: On page 6 change Council Member Sweeney's comment regarding Parks & Recreation Committee to indicate Parks & Recreation was unaware of a width difference in the trailways when the trailway was approved; change the language of the paragraph concerning additional cost to maintain the wider trail way to specify that the City will not really incur any additional costs to widen the trailway as the trail will have to be maintained despite the width; on page 9 change the motion regarding Trio Inn to read as a "fine" not a "donation". Also correct motion to read by Sweeney, seconded by Travis, with a friendly amendment by Mayor Wilharber, agreed to by Sweeney and Travis to draft a letter from the City to the State regarding the imposed fine; Page 13, in the motion by Sweeney, correct the motion to include the request for an appraisal of the entire block including all the houses on the block, the duplex and the church property. Motion by Council Member Sweeney, seconded by Council Member Travis to approve the October 11, 2000, Citv Council Meeting Minutes with the noted changes. All in favor. Motion carried unanimously. VI. PAYMENT OF CLAIMS The City of Centerville October 12, through October 25, 2000 Motion bv Council Member Sweeney, seconded by Council Member Travis to approve the expenditures for the City from October 12, 2000 through October 25. 2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Mayor Wilharber noted the equipment cost of $181,630.00 was for the purchase of the new fire engine tanker with a 65' ladder. Council Member Sweeney indicated a call was received for assistance with the Carlos Avery wildfire on Thursday afternoon. He indicated the main firefighting effort for the Centennial Lakes Fire District was from Thursday afternoon all through the night into the early morning hours of Friday. The tanker was then used Friday through Sunday to assist in fighting the fire. Mayor Wilharber thanked the firefighters for their efforts. Motion by Council Member Sweeney, seconded by Council Member Broussard Vickers to approve the Centennial Fire District Expenditures in the amount of $185,094.44. All in favor. Motion carried unanimously. Page 2 of8 VII. PETITIONS AND COMPLAINTS Intihar Complaint - Center Street Driveways Heaving Mr. March presented to Council pictures of the Intihar driveway showing, approximately a three (3) foot wide by sixteen (16) foot long section at the end of the driveway that had heaved making the driveway almost unusable. Mr. March informed Council the property owners would repair their driveway in the Spring and would like the City to repair the end of the driveway at that time. Mayor Wilharber stated that he had spoken to the homeowner when he stopped to check on the driveway. The homeowner indicated to Mayor Wilharber it was his intent to replace the driveway, but wanted to be sure the problem at the end of the driveway was solved prior to doing so. Mr. Peterson questioned Mr. Palzer whether drain tile had been placed at the end of the Intihar driveway. Mr. Palzer stated that it was his belief there was drain tile in place and that it was three (3) or four (4) feet below grade. Mayor Wilharber questioned where the drain tile directed the water. Mr. Palzer stated that it is directed west to the drainage ditch and then to a catch basin. Council Member Broussard Vickers questioned if the driveway had heaved due to the drain tile placement or if the drain tile was installed in an effort to keep the driveway from heaving. Council Member Broussard Vickers questioned City requirements to repair the lower portion of the driveway. Mr. Palzer recommended replacing the lower portion with class five for winter and working jointly with the homeowner in the spring when they intend on replacing the entire driveway. Council Member Broussard Vickers questioned ifit was the City's responsibility to repair the driveway and whether or not the remaining portion of the driveway could also heave as a result of the base under the asphalt. Mr. March stated that the driveway has experienced heaving in the drain tile area only. Mr. Palzer stated that Center Street, in the area being discussed, rises approximately eight inches during winter. Council Member Broussard Vickers questioned removal of the drain tile. Mr. Palzer stated that the same drain tile was located on neighboring properties as well. Mr. Peterson recommended using class five to seal the draintile to keep the water from flowing through. Council Member Broussard Vickers questioned whether the repairs needed to be completed prior to winter or the possibility of waiting until spring. Mr. Palzer stated that he would speak with the homeowners. Council Member Broussard Vickers questioned whether other driveways in the area would also need repairing. Page 3 of8 Mayor Wilharber questioned whether the City had previously repaired other driveways in the area. Mr. Palzer stated that the City had replaced three out of four driveways. Council Member Travis questioned if Staff should consider receiving a quote to repair the three (3) foot by three (3) foot section and offer the funds to the homeowner. Motion by Council Member Sweeney. seconded by Council Member Travis to direct staff to obtain a quote for repairs to the three (3) foot by three (3) foot section of the Intihar driveway and to inform the Intihars of the amount the City will reimburse them subsequent to the driveway being repaired. All in favor. Motion carried unanimously. VIII. UNFINISHED BUSINESS Northern Forest Products - Tax Abatement Mr. March stated that no official action was needed on the Northern Forest Products Tax Abatement until the public hearing scheduled for November 8, 2000. IX. NEW BUSINESS 1. Resolution 00-26 - Special Assessment Abatement It has been brought to the City's attention that Special Assessments for the Parkview Development were not removed from PIN #R23-31-22-31-0053 (6992 Meadow Circle) on Anoka County's records following Burnett Title's payment in March of 1999 and are showing on the property owner's statement of property tax payable in 2000. Resolution 00-26 allows for the error to be corrected by Anoka County. Motion by Council Member Travis. seconded by Council Member Sweeney to approve Resolution 00-26. as presented. All in favor. Motion carried unanimously. 2. Resolution 00-28 - Electing to Continue Participation in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to approve Resolution 00-28 as presented. All in favor. Motion carried unanimously. 3. Resolution 00-29 - Calling for a Public Hearing on Proposed Special Assessments for Delinquent Sewer and Water Accounts and Other Outstanding Balances Owed to the City by Individual Property Owner(s) Mayor Wilharber stated that the list of homeowners with delinquent utilities appear to be the same, year, after year. He then questioned whether homeowners could attempt to claim the assessment as property tax paid, on their income tax returns. Council Member Page 4 of8 Broussard Vickers indicated that homeowners may claim the assessment as property taxes paid, but legally it is not allowed and would likely lead to an IRS audit. Motion by Council Member Sweeney, seconded by Council Member Travis to Approve Resolution 00-29. All in favor. Motion carried unanimously. 4. Shoreview Good Neighbor Program Mayor Wilharber read a letter received from the Shoreview Community Center regarding their Good Neighbor Rate. Residents of the City of Centerville are entitled to receive a 15% discount on regular rates for seasonal or annual memberships. In return for the discount, Shoreview has requested that the City of Centerville publish a four (4) inch by four (4) inch advertisement provided by them in all City publications for one (1) year. Motion by Council Member Broussard Vickers, seconded by Council Member Sweeney, to participate in the Shoreview Good Neighbor Program by agreeing to publish their provided advertisement in all City publications for one 0) year. All in favor. Motion carried unanimously. 5. Force Main Issue (Mill Road and Peltier Lake Drive) Mr. Peterson stated that there was a leak in the force main located at Mill Road and Peltier Lake Drive recently. Mr. Peterson indicated that it was determined that the cast iron pipe used for the main had pitted badly and was in need of repair. Mr. Peterson also stated that the entire length of pipe is deteriorating and in need of repair. Mr. Peterson stated he had received several quotes from contractors to repair the main by directional boring so the blacktop would not be disturbed. The lowest bid received for a directional bore with a 6" plastic pipe came from Penn Contracting. The bid was $58,752. Mr. Peterson stated that Penn Contracting had indicated they would be able to start construction the week of October 30, 2000. Mayor Wilharber questioned the amount of pipe being replaced. Mr. Palzer stated a 20- foot section and the section under the culvert would be replaced. Mayor Wilharber questioned whether the increased pressure created by the new pumps may have caused the pitting or deterioration of the pipe. Mr. Palzer stated that slight hammering on the pipe does occur when the pumps stop. Council Member Sweeney questioned where available funds would be expended from to repair same. Mr. March stated that same would be expended from sewer funds. Motion by Council Member Sweeney, seconded by Council Member Travis. to accept the directional bore bid submitted by Penn Contracting in the amount of $58,752 and directed staff to determine whether additional pipe in the area needed to be repaired or replaced. All in favor. Motion carried unanimously. Page 5 of8 6. City Fire Truck Mayor Wilharber gave a brief history of the storage of the 1950 Studebaker fire truck and how it arrived on his mother's property. Mayor Wilharber stated that the truck had been stored on the property for five (5) years. Mayor Wilharber stated that he has attempted restoring the truck for inclusion in City functions and will also be attempting to restore a horse drawn fire wagon. Mayor Wilharber estimated the initial costs to restore the fire truck at $25, for primer and red spray paint. Future costs may include a brake repair kit, ignition switch, keys and restoration of the seats. Mayor Wilharber stated that he will report back to the Council engine operation, if any, or if addition monies needed to be expended. Motion bv Council Member Broussard Vickers. seconded by Council Member Sweeney. to authorize Mayor Wilharber to use one stall of the old Public Works building to store and repair the 1950 Studebaker fire truck: to provide keys to the building. heat to the building and the use of electricity for power tools: and to direct Mayor Wilharber to keep a running total of expenditures with a cap of $1.000. All in favor. Motion carried. Mayor Wilharber abstained. 7. Rice Creek Watershed District Appointment Mayor Wilharber read a letter informing Council of the need to publish a notice of the vacancy on the Board of Managers for the Rice Creek Watershed District. The City needs to provide its nominee by November 15, 2000. Mayor Wilharber noted Mr. Cardinal has served the Watershed District for many years and indicated it was his desire to nominate Mr. Cardinal. Consensus was to publish the notice of vacancy and determine whom to appoint to the Rice Creek Watershed District based on applications received at the November 8, 2000 City Council Meeting. X. CONSENT AGENDA 1. Resolution 00-27 - Providing for the Issuance and Sale of $650,000 General Obligation Improvement Bonds of2000 (Hunter's Crossing) Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers. to Approve Resolution 00-27. All in favor. Motion carried unanimously. Xl. COMMITTEE REPORTS Mayor Wilharber reported that the Centennial Fire District Committee has obtained a new Polaris Ranger six (6) wheeled, all terrain vehicle with a 50-gallon water tank on the back. The District also recently obtained Engine 21 which is a fire engine tanker with a 65' ladder. Page 6 of8 Mayor Wilharber stated that the Centennial Fire District Committee is in the process of their year-end audit. Mayor Wilharber also stated that generators have been approved for Centerville, Lino Lakes and Circle Pines included their generator in the initial station. Mayor Wilharber stated that at least half of the funding for the new generators was received from charitable gambling and the Cities paid the other half. Centennial Fire District will be acquiring a Thermal Imaging Camera in the near future. The cost same is $18,000 and the camera will be purchased by the Relief Association through charitable gambling. It was noted that the proposed county-wide radio system is expected to cost between $12 and $14 million dollars to implement. Council Member Broussard Vickers reported that the Planning and Zoning Commission has begun workshop sessions to discuss modifications to Ordinance #4 and proposed Sign Ordinance. XII. ADMINISTRATOR'S REPORT Mr. March stated that there was an article in the newsletter requesting applications from residents interested in serving on the official Fete des Lacs Committee and five (5) residents have responded. Mr. March stated that a total of seven (7) members are needed to meet. Fete des Lacs by-law requirements and requested approval to extend the deadline for applications until November 15,2000. Motion by Council Member Sweeney, seconded by Council Member Travis to extend the deadline to accept applications to serve on the Fete de Lacs Committee until November 15, 2000. All in favor. Motion carried unanimously. Mr. March stated the appraisal of 7071 and 7073 Centerville Road has begun and the appraiser would also begin the process for the church property and the agricultural property owned by the church. Mr. March stated that the appraisal of the entire block has been placed on hold until a specific plan is in place for the block. The City may be required to pay between $15,000 and $20,000 in relocation fees to individual property owners if the City purchases the properties. Mr. March stated he would consult City Attorney, Jim Hoeft in regards to avoiding additional costs associated with same. Mr. March stated that the City has a Certificate of Deposit (CD) coming due shortly, in the amount of $200,000. Mr. March stated he will be meeting with representatives from County Bank to determine whether it would be in the City's financial interest to renew the CD with its current bank or invest same with County Bank. Mayor Wilharber stated that the ground breaking ceremony for County Bank would be held on November 6, 2000 at 11 :00 a.m. Mayor Wilharber stated that the City would need to contact the Fire Chief regarding the bonfire planned for October 28, 2000 due to the burning ban. Page 7 of8 Mayor Wilharber noted there would be an informational Parks and Recreation meeting on October 26, 2000 at 7:00 p.m. at City Hall to discuss the pros and cons of having a BMX Bike Park or lnline Skate Park in the City. XIII. ADJOURNMENT Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to adjourn the October 25. 2000 City Council Meeting at 7:18 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 8 of8 Mayor Wilharber called the CITY OF CENTERVILLE CITY COUNCIL MEETING OCTOBER 11, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeti October 11,2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney (arrived 6:01 p.m.) Council Member Mari Nelson ABSENT: Council Member Linda Broussard Vickers STAFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Tom Peterson I. CALL TO ORDER ) II. rove the III. ave Shannon, Color Sign, appeared before Council to review r a sign to be placed at the northwest comer of the intersection Mr. Bode explained that County Bank is requesting a larger, temperature reader board. The size exceeds Ordinance #4' s sign mperature reader board is not addressed. Mr. Bode explained that . c for the sign shows a two (2) foot taller sign than previously e Planning a oning Commission denied recommending this variance and consensus was that the sign section of Ordinance #4 be amended to create a special sign district for commercial property located east of 20th Avenue and on both sides of Main Street. This would allow businesses to have similar signs to the City of Lino Lakes'. Mayor Wilharber opened the public hearing at 6:02 p.m. Mayor Wilharber questioned the desired installation date of the sign. Mr. Bode stated that County Bank would like to install the footings prior to the ground freezing and prior to their anticipated opening date of February, 2001. Mayor Wilharber questioned whether Mr. March felt the Planning and Zoning Commission intended to modify the ordinance to allow larger signs and Mr. March stated that the Planning and Zoning Commission had not determined the proper modifications; however, consensus was that the current sign section of Ordinance #4 was too restrictive. Council Member Sweeney questioned the proposed sign dimensions comparative to others in Lino Lakes. Mr. Shannon, Color Sign, stated that the Amoco sign is taller and the square footage of the sign is larger than what the Bank is proposing. Mr. Bode stated that the sign is similar to signs the bank currently has installed at their branch offices in Forest Lake and Center City. Mr. Bode stated that the Planning and Zoning Commission expressed concern in regards to the proposed reader board and the possibility of visual distractions. Mr. Bode stated that the bank intents to use a color of light that is pleasing to the eye and not distracting. Mr. Bode also stated that if the City desires, "traveling messages" would not be used. Mayor Wilharber stated that County Bank's request comes at a time when the City recognizes that the sign section of Ordinance #4 is inadequate and is in the process of being amended. Mr. Wilharber stated that it was his opinion that the City needs to accommodate businesses that come to town and provide a positive approach to their signage. Mayor Wilharber felt that by approving ) the variance it would show good faith on behalf of the City. .I Mr. Bode ensured the Council that the sign would be in proportion to the building and would not look out of place. Motion by Council Member Sweeney. seconded by Council Member Travis to close the public hearing. All in favor. Motion carried unanimously. Mayor Wilharber closed the public hearing at 6:10 P.M. 2. Hasiak Variance Request Mr. and Mrs. Stan Hasiak, 6994 Centerville Road, appeared before Council to review their submitted variance request to enlarge the exterior and enhance the interior of an existing pole barn structure that exists on their property. The existing structure exceeds Ordinance #4' s Accessory Structure requirements and is a non-conforming structure. Mr. Hasiak began constructing a "lean- to" addition to the north side of the structure and interior improvements. Paul Palzer, Building Official, issued a stop work order on the project and has requested that interior improvements be removed to allow proper inspection. Both construction improvements, interior and exterior, were started without building permits. The Planning and Zoning Commission motioned to recommend granting a variance for the interior improvements, but indicated that the work would have to be inspected and the appropriate building permits issued. The Planning and Zoning Commission denied the exterior improvements. Mayor Wilharber opened the public hearing at 6: 10 p.m. Mrs. Hasiak stated their willingness to remove the "lean-to" exterior improvement and that their primary request was to be allowed to make interior improvements similar to other garages located within the City. Mrs. Hasiak explained that the house located on the property has a crawl space unsuitable for storage due to water, sewer and foundation damage. Mrs. Hasiak also explained that they intended on using the existing structure as a garage. Mrs. Hasiak stated that they currently do not have a garage. Council Member Nelson questioned whether the issue involved removing the non-conforming structure. Mayor Wilharber explained the variance request was concerning the interior improvements and the exterior "lean-to" addition to the non-conforming structure. Mayor Wilharber stated that the non-conforming structure had been located on the parcel for many years. Mr. March indicated the non-conforming structure has been grand fathered in and may stay on the property; however, a variance is needed to improve the structure. Council Member Nelson questioned if the variance was denied, would the interior improvements and exterior construction need to be removed. Mr. March confirmed that it would. Council Member Nelson questioned Mrs. Hasiak as to the status of the improvements. Mrs. Hasiak indicated that the interior has had a cement floor poured, wiring run, insulated, and sheet rocked. Mrs. Hasiak also stated these items needed to be done to convert the pole barn to a garage. ) Motion by Council Member Sweeney. seconded by Council Member Travis to close the public hearing. All in favor. Motion carried unanimously. Mayor Wilharber closed the public hearing at 6: 17 p.m. 3. Salazar Variance Request Mr. Pedro Salazar, 7336 Old Mill Road, appeared before Council to review their submitted variance request allowing them to construct a six (6) foot, wooden, privacy fence in their rear yard. Mr. And Mrs. Salazar explained that their property is on a comer lot and according to Ordinance #4 they have two (2) front yards. Mr. Salazar has begun construction of the privacy fence one (1) foot into the road right-of-way. The Salazars presented Council with two (2) letters from neighboring residents indicting their approval of the placement of the fence. The Planning and Zoning Commission is in the process of amending and defining the language relating to comer lots and denied the variance. Mr. Salazar stated that it would be cost prohibitive for him to relocate the fence and existing sprinkler line. Mr. Salazar also stated that it was his intention to provide a safer environment for his neighbors and his dogs. Mr. Salazar expressed the need to complete the fencing prior to making the improvements to the kennel as required previously by Council. Mayor Wilharber questioned whether allowing the fence to remain in the City' road right-of-way would interfere with public utilities. Mr. Palzer, Building OfficiallPublic Works Director, indicated that utilities were run underneath the sidewalk within the Salazar's development so it would not interfere with same. T\___ "l _.J:'1 A Council Member Sweeney questioned whether the old or new Ordinance #4 was in effect at the time Mr. Salazar began construction of the fence. Mr. March stated that Mr. Salazar had begun construction of the fence prior to the new ordinance. Mayor Wilharber questioned whether there was any opposition to the fence from others in the neighborhood. Mr. March stated that he was unaware of opposition to the fence and noted the two (2) letters presented by the Salazars. Council Member Nelson indicated she had received a complaint from the neighbor directly across the street from the Salazars expressing concern that the fence is too close to the sidewalk. Mr. Salazar indicated he is obligated to keeping the sidewalk clear and will continue to do so. Mayor Wilharber questioned Mr. Salazar as to snow removal, fence obstruction of same and indicated that disposing of snow into the street was not allowed. Mr. Salazar indicated his snowblower would blow the snow up and over the fence into his backyard. Mr. Salazar stated his willingness to sign any document the City would require of him to acknowledge his financial responsibility for any repairs to the fence should it be damaged or need to be removed if the City allowed it to remain in its current location. Council Member Nelson questioned the purpose of completing the fence prior to fulfilling the Council's previous requirement in regards to the kennel. Mayor Wilharber made a point of order comment indicating questions regarding the kennel were not relative to the Variance Public Hearing. Council Member Nelson indicated her question was meant to clarify the comments Mr. Salazar had previously made. Mr. Salazar stated that in order to cement the floor of the kennel, it needs to be partially disassembled and the cement would then need to dry prior to reassembly. Mr. Salazar estimated the process to take approximately one week and during this time, the dogs would not have an enclosure. Motion by Council Member Sweeney. seconded by Mayor Wilharber to close the public hearing. All in favor. Motion carried unanimously. Mayor Wilharber closed the public hearing at 6:27 p.m. 4. Northern Forest Products - Five Year Tax Abatement Mr. March indicated the official public hearing on the tax abatement was scheduled for November 8, 2000. He told Council he had been working with Ehlers and Associates and Mr. McDowell, Northern Forest Products, to establish the proposed increase in taxable market valuation for the proposed expansion. Accurate figures should be available for the October 25, 2000 Council meeting. ! / No comments were heard from the audience. Motion by Council Member Nelson. seconded by Council Member Sweeney to close the public hearing. All in favor. Motion carried unanimously. Mayor Wilharber closed the public hearing at 6:29 p.m. IV. APPEARANCES/AWARDS None. V. CONSIDERATION OF MINUTES Council Member Sweeney requested the following changes: On Page 7 of 12 the motion concerning the final payment on the 20th Avenue water/sewer utility improvements add the sentence after the word "improvements". "The check should be made payable to whomever City Attorney Hoeft deems appropriate." On Page 11 of 12 in the paragraph concerning cable change from "anyone not receiving cable" to "anyone not receiving the government access channel through their cable company". Motion by Council Member Sweeney. seconded by Council Member Travis to approve the September 27. 2000. City Council Meeting Minutes with the noted changes. All in favor. Motion carried unanimously. VI. PAYMENT OF CLAIMS ) The City of Centerville September 28, through October 4, 2000 Motion by Council Member Travis. seconded by Council Member Nelson to approve the expenditures for the City from September 28. 2000 through October 4. 2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Sweeney. seconded by Council Member Travis to approve the Centennial Fire District expenditures in the amount of $3.436.70. All in favor. Motion carried unanimously. Pay Estimate Number 2 - Hunter's Crossing Motion by Council Member Sweeney. seconded by Council Member Nelson to approve Pay Estimate Number 2 on the Hunter's Crossing Development in the amount of $199.943.79. All in favor. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS ) Council Member Nelson stated she had received several complaints regarding a water testing fee on residents 3rd quarter utility bills. Mr. March stated that the City is allowed, by State law, to recoup this fee once per year. Mr. Palzer stated that the City is required to take daily samples and test them internally. Additional monthly, quarterly and annually samples are tested at an off-site lab to ensure safe drinking water requirements are met. Mayor Wilharber questioned whether residents had been informed of this charge. Mr. Palzer stated he did not believe information had been provided to residents concerning this issue other than the fee placement on individual utility bills. Mayor Wilharber requested that staff place an article in the next LeJournal in regards to this item. Mr. March stated that Mr. Wayne LeBlanc, Parks and Recreation Committee member, had brought to his attention the fact that the trail in Hunter's Crossing would be connecting to the Anoka County Rice Creek Chain of Lakes Regional Park and perhaps the City's trail should be widened to ten (10) feet to coincide with same. Mr. March stated he visually inspected same and believes the trail could be paved out to nine and one half (9 ~) feet without any significant costs incurred other than the cost of the extra bituminous. Mr. March clarified that Mr. LeBlanc was not speaking on behalf of the Parks and Recreation Committee. Mayor Wilharber questioned whether the City or the developer would incur the additional expenditures relating to widening the trail. Mr. Peterson, City Engineer, indicated the the cost for the additional trail way could be born by the developer. Mr. Peterson estimated the additional cost to be $1,400. Mayor Wilharber questioned the Parks and Recreation Committee's decision on this matter. Council Member Sweeney stated it was his understanding that the Committee wanted to set a minimum width standard for parks in the new developments; however, the Committee was unaware that the Hunter's Crossing trail would connect to the Anoka County Rice Creek Chain of Lakes Regional Park. Council Member Sweeney stated that the Committee was unaware of a width difference in the trail ways when the trail way was approved. Mayor Wilharber stated that there has been a considerable amount of time planning within the City and other cities for consistent trail ways. Council Member Sweeney stated if it was the intention of the City to create a trail that crosses the City from east to west then he believed a wider trail would be more accessible and easier to use. Mayor Wilharber questioned the additional cost for maintaining a larger than planned trail. Mr. Palzer stated that the City would not really incur any additional costs to widen the trail way as the trail will have to be maintained despite the width. Mayor Wilharber mentioned the trail in Hunter's Crossing was being created over roots of trees and questioned if the roots should have been removed in order to prevent them from growing back through the trail. Mr. Peterson stated that typically roots grow downward and with the gravel and bituminous over the top, there should be not problems. Council Member Nelson stated her desire to have consistent trail ways within the community. Consensus was to add Widening the Hunter's Crossing Development Trail as number 10 under New Business on the agenda. Mr. March stated that he had received a letter from residents residing at 1760 Center Street, indicating that the drain tile underneath their driveway had settled and the driveway needed to be repaired. Mr. Palzer stated that the driveways in that area have been a reoccurring problem due to frost and heaving. Mr. Palzer stated that the City has previously paid to repair same. Mayor Wilharber requested that Mr. March research this issue and provide information to Council and residents experiencing this problem. Motion by Council Member Sweeney. seconded by Council Member Travis to add discussion of the driveways on Center Street to the agenda for the next City Council Meeting. All in favor. Motion carried unanimously. Mayor Wilharber stated that he had received some complaints concerning animals running at large and pet owners not removing fecal matter from their animals. Mayor Wilharber urged animal owners to be responsible and clean up after their animal(s) and not allow their animals to run at large. Mayor Wilharber stated he attended the ten (10) year anniversary gathering for the Anoka County Traveler. Mayor Wilharber also stated that he questioned how service to Centerville residents could be improved and the Traveler indicated they have serviced several residents in Centerville and suggested placing their number in a newsletter to heighten awareness. Mayor Wilharber stated he received a complaint concerning the price of admission to Anoka County and Washington County parks. Anoka County informed him that they do not offer a discount rate for seniors; however, they do offer an annual pass which would allow unlimited access to parks and provide discount admission to Hennepin County parks. Mayor Wilharber requested that price information be placed in the next LeJournal. , \ ) Mayor Wilharber stated he had a meeting with Jon Olson, Anoka County Highway Department, and discussed connecting the trail way on the east side of Centerville Lake to the Anoka County Rice Creek Regional Park trail way system. Mr. Olson stated that a feasibility study would need to be completed by the City. Mayor Wilharber also questioned the upgrading of Main Street and anticipated widening of same. Mr. Olson stated that it would be approximately 15 years before those improvements would be made. Mayor Wilharber suggested that additional senior housing was needed and felt that this area needed additional attention. Mr. March said there is a possibility of receiving property back from the County and working with a private developer to bring senior housing to the City. Mayor Wilharber stated he had spoken with the Anoka County Attorney, Robert Johnson, concerning a rash of juvenile crimes within the City. In June, the elementary school was vandalized in the amount of $25,000, a home under construction in the Deer Pass Development was vandalized, juveniles are loitering and blocking traffic on Main Street and there were thirty- one (31) tire slashings in August. Mayor Wilharber stated to Mr. Johnson that people who reside in Centerville feel this behavior is unacceptable and are willing to work with the County Attorney to deter criminal activity in the future. Mayor Wilharber stated that the area surrounding the old Public Works site is an eyesore and needs to be cleaned up. Mr. March stated that Mr. Palzer is working on the area and several things were removed today. ) ,/ Dn~n '7 ~+' 111 Mayor Wilharber stated that he had spoken with the Chief of Police regarding grant funds available for lighting city parks that had been mentioned by the Public Works Department and the Chief was unaware of funds being available for this purpose. The Chief also stated that two (2) police vehicles would be parked at the new Public Works site. VIII. UNFINISHED BUSINESS Alcohol and Gambling Enforcement - Trio Inn (tabled from the September 27.2000 meeting)- Legal Counsel Report A letter from the Alcohol and Gambling Enforcement Division was discussed at the last meeting. The letter referenced an alleged liquor violation stemming from the Trio Inn. At that meeting, the item was tabled to allow the City Attorney to review the statutes in regards to enforcement provisions by the State. Consensus was not to fine the establishment for the alleged violation. However, since the meeting, Mr. March has discussed this matter with Mr. Paul Montain, (Owner, Trio Inn) and stated that even if the City did not elect to issue a civil penalty, the State could levy a penalty against the Trio Inn. Mr. Montain indicated his willingness to donate $200 to $300 to the City of Centerville or the Centennial Lakes Police Department in further support of the work that they are doing to curtail underage liquor consumption. ) City Attorney Hoeft stated that upon reviewing the statute governing this issue, it clearly states that the State can impose a penalty, in addition to the City if they choose, provided the total amount of the penalty does not exceed $2,000. Mayor Wilharber questioned whether the City Attorney was aware of the State enforcing a penalty as a matter of course, if the City has penalized the business. City Attorney Hoeft indicated most cities have a guideline established for when an alleged liquor violation takes place. Thereby, making it easy for the city to refer to the guidelines and apply the proper fine to the offense. Mr. March stated that Mr. Montain made it clear that he does not condone this behavior at his establishment and would provide proper education to his employees to ensure that a similar violation would not happen in the future. Council Member Sweeney suggested that Council discuss this matter at a work session and prepare guidelines that would assist in this area for future reference. Mr. Hoeft stated that fining a business $200 or $300 would be in keeping with guidelines of other cities for first time offenses. Council Member Nelson stated that it was her understanding that Council voted previously not to fine the business owner and feels even though she personally voted to fine the business, the original vote of Council should stand. Attorney Hoeft stated that there were no guarantees that the State would not fine a business in addition to any fines the City may impose. Mayor Wilharber indicated he would be in favor of fining the Trio Inn an amount not to exceed $300 and the drafting of a letter, by the City, stating that they have imposed a fine. It is hopeful that this letter would attempt to curtail the State from imposing additional fines. n_ __ 0 ~J:" 1 A Motion by Council Member Sweeney. seconded by Council Member Travis to fine the Trio Inn in the amount of $300 and forward same to Centennial Lakes Police Department to assist efforts in curtailing underage liquor consumption. Inclusion of a friendly amendment by Mayor Wilharber. agreed to by Sweeney and Travis. to draft a letter from the City to the State regarding imposition of said fine. All in favor. Motion carried unanimously. IX. NEW BUSINESS 1. County Bank Variance Request Council Member Travis questioned whether Mr. Shannon, Color Sign, had researched neighboring cities' ordinances to determine if their signs were in keeping with those ordinances. Mr. Shannon indicated he had done so and submitted a report to Mr. March. Motion by Council Member Travis. seconded by Council Member Nelson to approve the County Bank sign variance. All in favor. Motion carried unanimously. 2. Hasiak Variance Request Council Member Sweeney questioned whether the recommendation of the Planning and Zoning Commission was to allow the interior improvements to the building but to deny the exterior expansion. Mr. March indicated that was correct. \ / Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the Hasiak variance request allowing interior improvements to the non-conforming structure and denying exterior expansion improvements. The Hasiaks are required to obtain the required inspections and building permits. All in favor. Motion carried unanimously. 3. Salazar Variance Request Motion by Council Member Sweeney. seconded by Mayor Wilharber to approve the Salazar variance request to allow for the six (6) foot. wood. privacy fence and for the fence to remain in the City right-of-way provided Mr. Salazar sign a document accepting full financial responsibility for any damages or removal of the fence from the City right-of-way. City Attorney Hoeft noted a stipulation should be added to the motion to provide that Mr. Salazar sign a document accepting full financial responsibility for any costs incurred for damage to or removal of the fence. Mr. Sweeney requested a sentence concerning that matter be added to his motion. Council Member Travis indicated he had driven by the residence and feels the cost to move the fence would be minimal due to the fact there were only two (2) comer posts installed. He indicated the sprinkler issue is merely moving a few sprinkler heads, which is relatively easy. ) Mayor Wilharber indicated he did not feel the resident should incur additional costs to move the fence when he was originally given misinformation by a representative of the City. Mayor Wilharber stated that he believed the fence is not far enough into the City's road right-of-way to cause any real issue and he is in favor of the variance. __f"\_.L"1A Council Member Nelson stated that she sympathizes with the Salazars as they are trying to do the right thing, but does not feel that the variance requirements have been met. Mayor Wilharber called for a vote on the motion. Ayes - 2 (Wilharber and Sweeney) Nays - 2 (Travis and Nelson). The motion failed for lack of a majority. Council Member Travis indicated he is not opposed to the fence, but is concerned that the fence is built in the City's road right-of-way. Mayor Wilharber questioned the options the Salazars had due to Councils lack of majority. Mr. Hoeft indicated the Council could grant the variance request for the six (6) foot, wood, privacy fence provided it is not in the City's road right-of-way, allowing the Salazars to continue the project. Motion by Council Member Travis. seconded by Council Member Nelson to grant the variance request for the six (6) foot. wood. privacy fence provided it is not in the City's road right-of-way. Council Member Sweeney expressed his concern that the City may be imposing a hardship on the residents by not granting the variance. Mr. Salazar has been required by the City to meet certain specification in regards to keeping his dogs and has agreed to add fencing to make the neighbors ) more comfortable and to keep children separated from his dogs. Council Member Sweeney stated that requiring Mr. Salazar to move the fence would require additional monies to be expended by Mr. Salazar, which he has indicated he does not have. Therefore, Council Member Sweeney would like to see the variance approved. Mayor Wilharber stated that there would be a Council Member absent at the next meeting also. He then stated that he understood the opposition to the variance request concerning the City's road right-of-way but noted Mr. Salazar had agreed to be financially responsible for any costs incurred due to the fences location in the City's road right-of-way. Mr. Salazar stated he should have been able to rely upon the information provided to him by the City and if the information was not reliable, he should have been told to consult another agency to determine the location of his property lines. Mr. Salazar indicated twenty (20) postholes have been dug and he has gone through two (2) augers due to soil conditions. Mr. Salazar stated that he feels the City has pushed him around and all he is trying to do is provide a safer area for his dogs to exercise and play and to make his neighbors feel more comfortable. Mayor Wilharber questioned whom Mr. Salazar spoke with at City Hall. Mr. Palzer indicated he had given Mr. Salazar the information. Mayor Wilharber questioned how far into the City's road right-of-way the fence was encroaching. Mr. Palzer stated eight inches. ) I Mr. Hoeft stated that City officials can not be held accountable for information they give on the location of property lines, it is ultimate responsibility of the property owner to determine exactly where the property lines are. n_ __ 1 f\ _~ 1 A Mayor Wilharber stated that the average property owner is not an attorney, engineer or surveyor and that if information was obtained from the City he understands why Mr. Salazar would believe he could rely upon the information. Mayor Wilharber stated he felt the Salazars were attempting to improve the situation with their dogs. Mayor Wilharber also stated he would like to approve the variance to ensure that the fence is installed because he believes it would be for the greater good of the community. Mr. Salazar reiterated his willingness to sign a document accepting full, financial responsibility for any damages or removal of the fence due to it location in the City's road right-of-way. Mr. Salazar stated if the Stop Work Order had not been placed on the project he would have completed the installation of the fence by this time. Mayor Wilharber called for a vote on the motion. Ayes 2 (Travis. Nelson) Nays - 2 (Wilharber. Sweeney). Motion failed for lack of a majority. Motion by Mayor Wilharber. seconded by Council Member Sweeney to reconsider the previous motion to 1!rant the variance to allow the fence to remain in the right-of-way. Ayes _ 3 (Wilharber. Sweeney. Travis) Navs -1 (Nelson). Motion carried. Council Member Travis stated he concurred with Mayor Wilharber and that was reasoning behind modifying his vote, and believes strongly that the homeowner is responsible for location of their \ own property lines prior to beginning projects. 4. Resolution 00-23, a Resolution approving an Abatement of Special Assessments (6973 Meadow Circle) Mayor Wilharber read information submitted by Teresa Bender bringing to the attention of the City special assessments for the Parkview Development that were not removed from PIN #R23- 31-22-31-0064 (6973 Meadow Circle) on Anoka County Property and Taxation records following Burnett Title's payment in July of 1999 and continues to appear on the property owner's statement of property tax payable in 2000. Resolution 00-23 would provide for an abatement of the special assessments and the appropriate paperwork needed to rectify the error with Anoka County. Motion by Council Member Sweeney. seconded by Council Member Travis to approve Resolution 00-23. a Resolution approving an Abatement of Special Assessments at 6973 Meadow Circle. All in favor. Motion carried unanimously. 5. Resolution 00-24, a Resolution Authorizing City Participation in the "Minnesota Cities: Building Quality Communities" Effort in Cooperation with the Fellow Members of the League of Minnesota Cities. Motion by Council Member Sweeney. seconded by Council Member Travis to approve Resolution 00-24. a Resolution Authorizin~ City Participation in the "Minnesota Cities: Building Quality Communities" Effort in Cooperation with the Fellow Members of the Lea1!ue of Minnesota Cities. All in favor. Motion carried unanimously. 6. Trail Paving at Acorn Creek Park Pl'l UP. 1 1 of 14 Mr. March presented several quotes received for paving the trails in Acorn Creek Park. Two (2) firms submitted quotes, Arcade Asphalt and Northdale Construction. The quote from Arcade Asphalt was $10,000 lower than that presented by Northdale Construction. Mr. March recommended accepting the presented bid from Arcade Asphalt. Motion by Council Member Sweeney. seconded by Council Member Nelson to accept the presented bid from Arcade ASllhalt for the paving of the trails in Acorn Creek Park. All in favor. Motion carried unanimously. 7. Centerville Redi-Mix - Interim Use Permit (Renewal Request) Mr. March stated that Mr. Shudy, (Owner, Centerville Redi-Mix) has requested renewal of his Interim Use Permit. Mr. March stated that the Interim Use Permits needs to be reviewed on an annual basis for an extension not to exceed five years. Mr. March indicated that Mr. Shudy's current Interim Use Permit is scheduled to expire on October 14,2000. Motion by Council Member Nelson. seconded by Council Member Sweeney to approve the extension ofthe Interim Use Permit for Centerville Redi-Mix. All in favor. Motion carried unanimously. 8. Ground Development Mr. March presented information to Council regarding Ground Development's proposed plan located south of the Center Oaks subdivisions. Mr. Cooper, representing Ground Development, presented a revised sketch of the proposed plan for the property reflecting the changes requested by the Planning and Zoning Committee. Discussion ensued regarding the development and Council's request that several items be revisited prior to resubmission. The following modifications were requested: location of trails; concern for the drainage ditch through the southern portion of the property; the need for the Parks and Recreation Committee to determine if a park is desired in the development or if other concession may be made, saving trees, modifications to the Comprehensive Plan for MUSA, sidewalk installation on Dupre Road, Anoka County's plans to widen Centerville Road, driveway concerns for the two (2) residences to the north, and a draft monument entrance. sign plan for the development. Council Member Nelson left the meeting at 8:30 p.m. 9. Resolution 00-25, a Resolution Approving a Public Hearing on the Tax Abatement for Northern Forest Products Motion by Council Member Sweeney. seconded by Council Member Travis to approve Resolution 00-25. a Resolution Approving a Public Hearing on the Tax Abatement for Northern Forest Products. All in favor. Motion carried unanimously. 10. The Widening of the Hunter's Crossing Development Trail n_ __ 1" _J:' 1 A Council Member Sweeney stated that due to minimal costs involved with widening the trail way, he was in favor of asking the developer to pay for same. Council Member Sweeney also stated that if the developer is not willing to pay the amount required, he would approve of the City paying for the widening. Council Member Travis stated he would like the developer to pay for the widening of the trail and felt that connecting the trail with the Anoka County Park was a good idea. Mayor Wilharber directed Mr. March to contact the developer to discuss this issue. Motion by Council Member Sweeney. seconded by Council Member Travis to approve widening of the trail in Hunter's Crossing Development to a 9 'l1 foot bituminous trail. All in favor. Motion carried unanimously. X. CONSENT AGENDA XI. COMMITTEE REPORTS Mayor Wilharber stated that there would be a Police Commission and Fire Steering meeting on October 12,2000. XII. ADMINISTRATOR'S REPORT Mr. March stated that the Lion's storage building needed to be removed from the old Public Works site and placed at the new Public Works site. Mr. March stated that he had received a complaint in regards to the appearance of the old site and recommended that the City research the possibility of having the fire department use the building for fire practice. Motion by Council Member Sweeney. seconded by Council Member Travis to allow the Lion's storage building to be relocated to the new Public Works site. All in favor. Motion carried unanimously. Mayor Wilharber requested that Council approve signage for the new Public Works site and the Centennial Lakes Police substation. Signage will be similar in size, material, etc. to that of other signage on City property. Motion by Council Member Travis. seconded by Council Member Sweeney to authorize Mayor Wilharber to contract for signs for both the new Public Works site and the Centennial Lakes Police substation. All in favor. Motion carried unanimously. Mayor Wilharber stated he had spoken with Father Fitzgerald previously and Council had authorized Mr. March to draft a letter in regards to the likelihood of a land swap or purchase of land for the purpose of a Community Center. The Archdioceses has authorized the church to proceed if deemed appropriate. ) / Mr. March suggested authorization by Council to obtain an appraisal of the church property and a duplex located on the same block. Council Member Sweeney stated that he would like to have the entire block appraised as he believes the City would need to purchase same in order to make the Community Center a reality. '1'" ~ L" 1 A Motion by Council Member Sweeney. seconded by Council Member Travis to authorize Staff to obtain an appraisal of the entire block including all the houses on the block. the duplex and the church property. All in favor. Motion carried unanimously. Mr. March stated that the proposed, decorative lighting for the Hunter's Crossing Development would cost approximately $18,000 more than standard lighting. Council Member Sweeney questioned the amount of light radiated by decorative versus standard lighting and also questioned the amount of vertical light being emitted. Mr. March stated he was unsure of the specifications of either lighting options. Mayor Wilharber questioned whether or not there was lighting on City trails ways. Mr. Palzer stated there was not. Mr. March stated he had received a contract for lawn care services for the next year from Valley Creek Lawn and Landscaping. Mr. March stated that the hourly rate had not increased in three years and questioned Council as to their intentions in receiving additional bids prior to renewal of same. Mayor Wilharber stated that he preferred to receive an addition two (2) bids. A consensus was reached to direct Staff to solicit two (2) additional bids. XIII. ADJOURNMENT Motion by Council Member Sweeney. seconded by Council Member Travis to adjourn the October 11. 2000 City Council Meeting at 9:07 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. ) / n~_~ 1 A ~+' 1 A III. CITY OF CENTERVILLE CITY COUNCIL MEETING SEPTEMBER 27, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on September 27,2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Mari Nelson ABSENT: None STAFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Tom Peterson I. CALL TO ORDER ) Mayor Wilharber call 6:1 .m. II. finished Business a letter from Alexandra ou Community Development, and a letter from senatives. ber Sweene seconded b Council Member Travis ith the noted additions. All in favor. Motion carried rossing Assessment Hearing arber opened the public hearing at 6: 13 p.m. Mr. Peterson explained to Council all improvements are in place within the development with the exception of the streets and curbs. The paving of streets is Page 1 of 12 scheduled for next week. Mr. Peterson explained how the City arrived at the assessments figures. Mr. Peterson stated that the total costs for Hunter's Crossing improvements are $653,613. The developer has paid for half of the costs to extend services down Centerville Road. The remaining half has been divided among individual property owners who also benefited. Kenneth Vanderbeek, 6892 Centerville Road, explained to Council numerous problems he has endured during construction. He lost telephone and cable services on four (4) occasions. At one point the telephone line was dropped onto the power line creating a potentially dangerous situation if his wife or children would have used the telephone. His tractor was damaged, requiring $150 in repairs. The City also removed trees on his property without permission and without an easement to do so. He mentioned to Council that he was aware services were coming but disagrees with treating his lot as two (2) lots and therefore assessing him for same. Mr. Vanderbeek explained due to the elevation of the lot he believes the lot is non-buildable. Mr. Vanderbeek stated that it would be cost prohibitive for him to make the property saleable, and he did not intend on doing so and would not divide or split the property. ) Larry W oiak, 6925 Centerville Road, stated he intends on contesting the assessment believing that the cost is in excess of the increased property value the services will bring. Dale Greenwadt, 4697 - 316th Lane, Stacy, Minnesota, stated that the property he owns on Centerville Road is rental property and his renters did not provide the notice of assessments to him. He was unaware of the assessment in time to submit his petition to contest the assessment. Mayor Wilharber questioned Attorney Hoeft that due to Greenwadt's circumstances, could Mr. Greenwadt still be allowed to file a petition against the assessment. City Attorney Hoeft indicated Mr. Greenwadt would be allowed to file a petition. Council Member Sweeney asked whether the City had agreed to replace the trees. Mr. Vanderbeek said they had. Council Member Sweeney then asked if the trees were in the City right-of-way. Mr. Vanderbeek stated they were not. Council Member Broussard Vickers questioned Mr. Peterson if it is standard procedure to assess someone for two (2) stubs if the lot could potentially be divided. Mr. Peterson confirmed. Council Member Broussard Vickers asked if the stub could be removed if that was the wish of the property owner. Mr. Peterson confirmed. ) Page 2 of 12 ) Mr. W oiak stated that the assessments are in excess of replacing the existing well. Mr. Greenwadt stated he believed the price to replace an existing well be approximately $4,000. Mr. Woiak stated that his well is only 12 years old and he believes it will be a long time before it fails. Council Member Broussard Vickers explained to the property owners that they are paying up front for their next service when their wells fail. She told them that wells do fail quite regularly and the cost to replace a well would exceed what they have been assessed for services. She stated she did not like the original numbers and feels the Council has shifted as much of the financial burden onto the developer as possible. She then explained to the property owners that the City can assess them if the property owner has a realized value, and she believes they will realize a value when connecting to these services. Council Member Nelson inquired if the assessment amount was divided among the property owners by adding up the total number of feet of pipe for the development and Centerville Road. Mr. Peterson explained the property owners are being assessed for half of the cost to extend services on Centerville Road only. Mr. W oiak told the City he has incurred numerous costs to clear the sewer pipe at his residence and will submit a bill to the City to be reimbursed for the same as he feels it is their responsibility. ) Mr. Vanderbeek inquired if he would have to connect to the services as soon as they become available. Mr. Peterson stated he would need to connect to sewer service within a year of becoming available. Council Member Broussard Vickers inquired when the servIces would be available. Mr. Peterson told her January 1,2001. Mr. Peterson stated the amounts being assessed are in keeping with standard assessments for similar services in other communities. Mayor Wilharber inquired as to why Mr. Woiak's services were previously placed into the lot at an angle. Mr. Peterson explained that previous piping was temporary until services were extended on Centerville Road. Mayor Wilharber noted the previous owner of Mr. Woiak's property was hooked up to City sewer for free because no one at City Hall knew the property was hooked to the City's sewer system. ) A question was raised by several property owners as to why property owners with homes backing up to Centerville Road were not assessed. Mr. Peterson explained only those properties with homes facing Centerville Road were assessed. The residents whose homes back up to Centerville Road will be assessed when services come down the street their homes face. Page 3 of 12 Mr. March provided paper to the property owners who had stated they wished to oppose the assessment. The property owners in opposition placed their names and addresses on the paper and turned them in to Mr. March. Mayor Wilharber closed the public hearing at 6:55 p.m. Mayor Wilharber stated he understands the property owners' position as he will be in their position in several years when services reach him. Council Member Travis indicated that he recently has been assessed for services, is fully aware of their costs and believes them to be fair and reasonable. Council Member Sweeney indicated the assessment is less costly than replacing an existing well and the developer has bore a larger portion of the costs to bring services down Centerville Road. Council Member Sweeney also stated that property owners in question would benefit from the services and concurred that the assessments were fair and reasonable. ) Council Member Broussard Vickers addressed the issue of Mr. Vanderbeek being assessed for two (2) stubs at his property. She indicated the price for one (1) acre lots is approximately $60,000 and believes the property's value could and would be enhanced to be buildable. Ms. Broussard Vickers stated that in her opinion, having the stub run to the property during this time would be less expensive than having it run in the future. Ms. Broussard Vickers concurred that the assessments were fair and reasonable. Council Member Nelson told the Council she usually leans toward individuals with her opinions rather than toward the developers; however, in this case she believes the developer has been more than fair and concurred with the other members of Council. Mayor Wilharber stated that assessments are high due to the cost of labor and supplies and that these same costs will continue to increase. Mayor Wilharber concurred with the other members of Council. Mr. Vanderbeek stated he had received an estimate for costs to connect to the City's sewer system in the amount of $10,000. Council Member Broussard Vickers questioned whether Mr. Vanderbeek wished installation of the second stub. Mr. Vanderbeek declined. Mr. Vanderbeek stated he could not afford the $10,000 assessment and questioned the option of deferring connection for several years. ) City Attorney Hoeft stated that deferral of special assessments is an option; however, the City would prefer to discuss this issue as the assessment process continues. Page 4 of 12 ~) City Attorney Hoeft advised the Council to approve the resolution as presented. He indicated modifications may be included as part of settlement discussions in the future. Motion by Council Member Sweeney, seconded by Council Member Broussard Vickers to approve Resolution 00-21. All in favor. Motion carried unanimously. IV. APPEARANCES/AWARDS Mr. Bruce Malec, Division Manager - Waste Management Mr. Bruce Malec introduced Mr. Gary Boium to the Council as Waste Management's new Municipal Marketing Manager. Mr. Malec stated that Mr. Boium would make periodic visits to ensure that quality services are being provided to the community. Mr. Malec questioned whether Council had any issues of concern relating to the haulers service and Council reiterated that they are pleased with the services they and residents are receiving. ) Mr. Malec thanked the Council for the compliments Waste Management received and for the opportunity to service the community. Mayor Wilharber thanked Mr. Malec for attending. A consensus was reached to hear the Northern Forest Products Abatement from Unfinished Business at this point in the meeting. Northern Forest Products Abatement Paul McDowell, Northern Forest Products, addressed the Council and outlined plans for the expansion of his business. Mr. McDowell presented Council with sketches of a proposed expansion plan for the current Northern Forest Products facility. Mr. McDowell stated that they have out grown their current facility and expansion would provide a more productive/efficient facility. Mr. McDowell also indicated that Northern Forest Products has an additional site outside of Centerville and expansion of the current facility would allow combining of the two facilities. Mr. McDowell stated that the proposed expansion would be 22,000 or 23,000 square feet and cost approximately $600,000 or $700,000. ) Mayor Wilharber inquired if the detention pond would be able to handle the runoff from the expansion area. Mr. McDowell said he would rely on the recommendation of the City Engineer. Page 5 of 12 ) Council Member Broussard Vickers inquired how far from the back of Mr. McDowell's lot the building would be positioned. Mr. McDowell said he believed it was approximately 70 or 80 feet from the property line. Mr. March noted the public hearing on the five-year tax abatement is scheduled for October 11,2000. Mayor Wilharber inquired as to how many employees Mr. McDowell planned to add with the expansion. Mr. McDowell stated five (5) or six (6) within the next five (5) years, depending on business. Mayor Wilharber questioned the amount of off site business being combined in the expanded facility. Mr. McDowell stated approximately seventy (70) percent of the business would be combined and the other portion would remain at that site due to rail transportation conveniences. V. CONSIDERATION OF MINUTES ) The following changes were requested by Council: Page 2, fourth paragraph change "Ramsey County" to "Anoka County", Page 22 change "QUAD meeting" to "QUAD Community Press", Page 20, eighth paragraph beginning with "Mr. Palzer indicated" change the paragraph to read: "Mr. Palzer indicated there would be new regulations forthcoming regarding lots of one (1) acre or more and Council wanted to comply with the upcoming regulations." Also in the same paragraph change "Rice Creek" to "MPCA". Motion by Council Member Sweeney. seconded by Council Member Travis to approve the September 13. 2000. City Council Meeting Minutes with the noted changes. All in favor. Motion carried unanimously. VI. PAYMENT OF CLAIMS The City ofCenterville September 14. through September 27.2000 City Attorney Hoeft discussed a pending case before the Minnesota Supreme Court he is arguing and has been preparing for. The case is a DUI case in which the drivers vehicle was forfeited and storage costs were incurred. The person whose vehicle was impounded is attempting to get the City to pay the storage costs of $6,000. City Attorney Hoeft noted that his most recent billings included additional time due to these circumstances. ) Page 6 of 12 Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers to approve the expenditures for the City from September 14. 2000 through September 27. 2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Sweeney. seconded bv Council Member Broussard Vickers to approve the Centennial Fire District expenditures in the amount of $5.583.75. All in favor. Motion carried unanimously. 20th Avenue Water/Sewer Final Pay Estimate Mr. Peterson indicated the project has been completed since 1998 and the City has been withholding payment from Bonine Excavating, Inc., until several issues were resolved. Mr. Peterson stated that Ms. Nancy Bonine recently contacted him and indicated willingness to waive payment of $14,969.14 that was at issue and requested payment of the $21,288.78. Mr. Peterson recommended payment of $21,288.78. ) Mayor Wilharber inquired to whom the check should be made payable to. Mr. March indicated he is waiting for instruction from City Attorney Hoeft. City Attorney Hoeft noted that the City has received two (2) separate Notices of Levy's against monies owed to Bonine Excavating and the two agencies will be receiving the money in lieu of Bonine. Motion by Council Member Sweeney. seconded by Council Member Travis to approve payment of $21.288.78 as the seventh (7) and final payment on the 20th Avenue water/sewer utility improvements. The check should be made payable to whomever City Attorney Heoft deems appropriate. All in favor. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Council Member Nelson inquired as to the status of the Salazar's dogs, Nikita and Dakota. Council Member Nelson stated that she has driven past the Salazar's house and noted the pen was not in compliance with Council requirements. \ / Mr. March reported to Council the Salazars began construction of a fence impeding the street right-of-way by one (1) foot without applying for a variance, and the City placed a stop work order on the site. Subsequent to numerous telephone conversation with Mr. Salazar, Mr. Salazar has assured Mr. March that he will keep the dogs in the house excluding relief periods. Mr. March stated that he attempted to mail a certified letter to the Salazars in regards to non-compliance of the dog kennel; however, it was not picked up at the post office. Mr. March Page 7 of 12 stated he had a Centennial Lakes Police Officer serve the letter on a juvenile at the residence. The Community Service Officer returned the next day and picked up the signed card acknowledging receipt of the letter. Mr. March explained to Council the letter informed the Salazars of the requirements of Council in regards to the kennel, and also noted the procedures for applying for a variance to continue construction of the fence. Council Member Nelson questioned Mr. March if the police could patrol, and if they were to notice the dogs out side of the kennel, could the dogs be seized and further action taken. Mr. March referred the question to City Attorney Hoeft. City Attorney Hoeft indicated it would need to be determined if the Salazars were in violation of the requirements prior to action being taken. Mr. Hoeft stated there is no reason why the Centennial Lakes Police Department (CLPD) could not be asked to keep an eye on the dogs. Council Member Nelson stated she would like to make the CLPD aware of the situation and ask them to routinely check the property. Mayor Wilharber, as police liaison, stated he would contact CLPD and forward the request. VIII. UNFINISHED BUSINESS Storm Sewer Re-alignment - Lloyd Drilling (1873 Main Street) ) Mr. Peterson recommended that the east half of the site drain east towards Shad Avenue. The runoff can be collected in a storm sewer catch basin at Shad Avenue and Main Street, flow east in the ditch, then flow south under the highway to an existing pond at the southeast comer of Main Street and the Fire Station driveway. The water will be treated prior to continuing southward to Clearwater Creek. The west half of the site will receive adequate treatment on-site in the existing highway ditch and the grassy area around the "beehive" catch basin at the north property line. Mr. Peterson stated it is not necessary to redirect the storm water flowing in the existing pipe south under the highway and into the small pond south of the City Hall parking lot. Council noted there has been a water problem on Shad Avenue in the past and requested that Mr. Peterson check with Dave Lutz on Shad Avenue to make sure redirecting the sewer in this manner will not cause further water problems for the residents on Shad Avenue. Motion by Council Member Sweeney. seconded by Council Member Travis. to approve the Storm Sewer Realignment at 1873 Main St. All in favor. Motion carried unanimously. ) Letter from Frank Ball, Director, Alcohol and Gambling Enforcement Division, Minnesota Department of Public Safety. Page 8 of 12 Mr. March reviewed with Council the letter received from the Alcohol and Gambling Enforcement Division and requested direction from the Council as to how the City should respond. Council Member Sweeney inquired if this was the first known violation for the Trio Inn and, if so, what the business has done to ensure the violation will not occur again. Council Member Sweeney stated that in his opinion, if this incident is the first violation he would prefer not to fine the business. City Attorney Hoeft told the Council they were under no obligation, based on the letter, to impose a civil penalty. He indicated the letter should not be perceived as a threat to impose a penalty but noted the State of Minnesota does have the authority to impose a fine whether the City chooses to or not. Council Member Sweeney stated he would rather impose a nominal fine and not pull the business' license than have the State impose a higher fine and revoke the business' license. ) Council Member Broussard Vickers inquired as to how someone can be fined for being charged with an offense, but found not guilty. Attorney Hoeft explained the law does allow for civil penalty when you are charged with an offense. He used the example of when someone is arrested for DUI they are charged with an offense and lose their civil driving privilege. In some cases they are found not guilty but they have still lost their driving privilege. Mayor Wilharber noted the Council had waited until the matter was resolved in the courts and ruled that because the bartender was found not guilty they would not impose a fine. City Attorney Hoeft explained the State response recognizes there is a difference between being found not guilty of the offense and being innocent of noncompliance with the law. Mayor Wilharber indicated he would prefer the City impose a penalty rather than the State. Council Member Nelson stated she did not like the tone of the letter and expressed a desire to revisit the idea of fining the business. She indicated she felt that in light of the fact the business owner is not denying the violation, she feels there should have been a penalty imposed. Mayor Wilharber clarified the owner of the bar was not at the establishment when the violation occurred and the bartender was the one charged with the offense. City Attorney Hoeft said it may be possible to impose a nominal fine on the business to pre-empt action by the State. City Attorney Hoeft offered to research ) Page 9 of 12 M.S. Chapter 340A.415 and bring a definitive answer to the Council at the next meeting. Council Member Broussard Vickers noted her dislike of the tone of the letter. She stated if the consensus of the Council was not to fine the business she proposes a letter be drafted to the State in response outlining the fact that the City has chosen not to impose a penalty and give the reasons the Council choose to decline. Motion by Council Member Travis. seconded by Council Member Sweeney to table the drafting of a response to the Alcohol and Gambling Enforcement Division to the October 11. 2000 Council Meeting to allow time for City Attorney Hoeft to review M.S. Chapter 340A.415. All in favor. Motion carried unanimously. Letter from Alexandra House Mayor Wilharber read a letter from Alexandra House requesting the Council declare the month of October Domestic Violence Awareness Month. Motion by Council Member Travis. seconded by Council Member Sweeney to declare October Domestic Violence Awareness Month. All in favor. Motion carried unanimously. ) Letter from Anoka County Community Development Mayor Wilharber read a letter from Anoka County Community Development proposing modifying the way Community Development Block Grant funds (CDBG) are distributed throughout the County. Mr. March explained to Council he had attended a meeting regarding the matter and said under the proposed modifications, Centerville will compete with cities of comparable size for CDBG funds. Letter from Minnesota House of Representatives Mayor Wilharber read a letter received from the Minnesota House of Representatives regarding a series of town meetings scheduled to discuss proposed modifications to, and the effectiveness of the Metropolitan Council. IX. NEW BUSINESS St. Genevieve's Land Inquiry Letter ) Page 10 of 12 The Council discussed a letter drafted by Mr. March to S1. Genevieve's Catholic Church requesting church officials meet with City officials to discuss plans for future redevelopment. Mayor Wilharber requested that a notation be included that he had spoken with Father Fitzgerald in regards to this matter in the past. Motion by Council Member Sweeney. seconded by Council Member Nelson to approve sending the letter with the noted addition to St. Genevieve's Catholic Church. All in favor. Motion carried unanimously. X. CONSENT AGENDA XI. COMMITTEE REPORTS Mayor Wilharber reported he was unable to attend the Police Commission meeting but had visited with the Chief of Police and will prepare a written report for Council. XII. ADMINISTRATOR'S REPORT ) Mr. March reported he received a letter from Mr. Sheehy who is interested in donating 15 acres ofland to the City. There are special assessments pending on the property in the amount of $74,792 and Mr. Sheehy has agreed to pay 25% of the assessments. Mr. March told Council he visually surveyed the site and feels it is a beautiful nature area for a possible park or trail. The site also has potential for a water tower which would be visible from 135. Mr. March stated that soil borings could be done if Council desired. Mayor Wilharber stated he would like to proceed as there are multiple ways the City could use the property. Council Member Travis inquired as to whether there was a wetland delineation. Mr. March told him Anoka County has declared it a wetland. The consensus was to research the donation further. Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to accept the donation of land from Mr. Sheehy. All in favor. Motion carried unanimously. Mr. March reported there is a "Meet the Candidates" program scheduled to be taped for the cable access channel. Mr. March stated that he has requested a copy of same specific to Centerville. ) Page 11 of 12 Council Member Sweeney requested anyone not receiving the government access channel through their cable company. Mayor Wilharber reported that on several occasions he has discussed possible trail connections with the City of Hugo. Mayor Wilharber stated that if water services and trail connections were made with neighboring communities, (i.e., Hugo and Lino Lakes) it would be cost-effective. XIII. ADJOURNMENT Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers to adjourn the September 27. 2000 City Council Meeting at 8:33 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. ) ) Page 12 of 12 Approved CITY OF CENTERVILLE CITY COUNCIL MEETING SEPTEMBER 13, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City ofCenterville held their regularly scheduled meeting on September 13,2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Marl Nelson ABSENT: None STAFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Tom Peterson I. CALL TO ORDER \ , ) Mayor Wilharber called the September 13, 2000, City Council meeting to order at 6:00 p.rn. SET AGENDA II. The following items were added to the agenda: . Add Sewer and Water at Hunter's Crossing under Unfinished Business Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to approve the a2enda with the noted additions. All in favor. Motion carried unanimously. III. PUBLIC HEARING (S) Northern Forest Products - Tax Abatement Mayor Wilharber opened the public hearing at 6:01 p.m. Council read and discussed a letter from Mr. McDowell illustrating a number of concerns that he had with the original establishment of his tax increment district. Mr. McDowell's letter further indicates that he desires to expand his business and mentions that he has discussed locating his expansion in Hugo to be near rail access. It was noted Mr. McDowell is requesting a five (5) year tax abatement as an incentive for Northern Forest Products to expand in Centerville. The abatement would only be granted for five (5) years if there is an actual expansion. Only a one (1) year abatement would be granted, if no expansion occurred. If the Council is willing to grant this abatement, a new public hearing will have to be held. The abatement would only be granted for the increased market valuation, not for the existing valuation. Sid Inman and Carolyn Drude addressed the Council. Mr. Inman presented an impact analysis to show the costs of the requested abatement. Mr. Inman indicated that tax increment financing requires tear down or build new which does not apply to existing businesses. He stated three (3) years ago the tax abatement law was changed and currently is a tool that cities may use to help existing businesses expand and stay within the their communities. ) Council Member Nelson referenced the spreadsheet that was provided to Northern Forest Products and inquired as to if the letter from them was their response to the City's proposal and, if so, did that mean they were unhappy with the proposal from the City. She also asked if Northern Forest Products would be happy with one (1) year or if they were demanding five (5). Mr. March indicated that the letter was Northern Forest Products' response to the City and that they would prefer the five (5) year to the one (1) year abatement. Mayor Wilharber asked if the City were to provide tax abatement to Northern Forest Products was the City required to notify Anoka County and the School District. Mr. March did not believe the City needed to do so, but they certainly could. Mr. March indicated he does not recommend exceeding a five (5) year tax abatement. Carolyn Drude said Northern Forest Products was requesting five (5) years. Council Member Broussard Vickers asked if the City chooses not provide a five (5) year tax abatement, if the one (1) year abatement would solve the current problem or is it still possible that it would end up in litigation. Mr. March stated Northern Forest Products has indicated that they have shopped other communities who are willing to provide tax abatement or Tax Increment Financing (TIF) and will expand in another city if not granted their request. Council Member Broussard Vickers questioned what would happen to the old situation if the City agrees to a one (1) year abatement rather than a five (5) year abatement. Mr. March indicated it would take care of the two (2) old notes and that Northern Forest Products would not expand in Centerville. Page 2 of22 Council Member Broussard Vickers indicated it was her desire to make sure the first problem was taken care of prior to agreeing an extension. Mr. March indicated if the City agrees to a five (5) year tax abatement it would allow Northern Forest Products to expand in Centerville. The one (1) year tax abatement would allow for payment of the two (2) notes. Mayor Wilharber asked the Council if there were any more questions or comments. Mr. March asked what types of criteria the City may impose on a company in return for granting an abatement. Mr. Inman indicated that under a new contract the City could require jobs and any other requirements they desired. Mr. March questioned if it was in the City's best interest not to invest in equipment that could be moved to another community but invest in a building that cannot be moved. Mr. Inman said the City can propose anything in the contract however, the City must get the business to approve a contractual agreement. Mr. March asked Mr. Inman for a draft of a document Mr. Inman has used in the past and Mr. Inman agreed to forward same. Motion by Council Member Broussard Vickers to close the public hearine. seconded by Council Member Nelson. All in favor. Motion carried unanimously. Mayor Wilharber closed the public hearing at 6:20 p.m. Council Member Broussard Vickers stated she had concerns regarding the previous problems and solving same. She also indicated her willingness to offer the one (1 ) year abatement with no contingencies and in the future, with expansion ofthe existing building extend the amount oftitne with contingencies. Council Member Sweeney indicated he would like to see examples of contingencies other cities require when granting tax abatements. He stated he would agree to the one (1) year tax abatement to correct the current problems. Council Member Nelson asked if the one (1) year abatement was a "done deal". Mr. March indicated Council has approved the plan; however, the owner has not signed it. He indicated Northern Forest Products will accept the one (1) year abatement but will continue to look at other communities. Council Member Nelson stated she was concerned with setting a precedent for other businesses to request similar items of the City. Mr. Inman indicated the City may control the abatement by setting a policy and contingencies that must be complied with to grant an abatement. \ ) Page 3 of22 Council Member Travis stated he did not like the wording of the letter from Northern Forest Products and found it almost intimidating if the City chooses not grant the five (5) year abatement. He questioned the ramifications if the business chose to leave. Mr. Inman explained that the tax value is based on the fair market value of the building and property so the taxes would remain the same if the business were to leave town. Council Member Travis indicated he would vote in favor of keeping Northern Forest Products in Centerville providing the first notes were paid in full. Mayor Wilharber stated the letter is a situation of the business owner "playing poker" to raise the stakes. He then stated he believes it is apparent that Northern Forest Products came to town and created a nice, well-kept business. He stated he is in favor of the five (5) year tax abatement as an incentive to expand in Centerville. Council Member Broussard Vickers questioned if the last paragraph of the letter, which indicated a need to come to an agreement meant that there was no agreement. Mr. March said it feels as though the City is being held hostage. He also stated that most industrial manufacturers ask what the City will offer them to located within their community. ) Mayor Wilharber indicated he has had contact with the business owner and said he does have other offers that he is entertaining and stressed the importance of keeping the business in the community. Mr. March indicated it is easier to keep businesses in the community rather than having to attract new businesses. Council Member Broussard Vickers suggested having a public hearing on the five (5) year abatement. Motion by Council Member Broussard Vickers. seconded by Council Member Travis to set a public hearinS!; on the five (5) year tax abatement. All in favor. Motion carried unanimously. Council Member Sweeney indic~ted a desire to have any conditions or contingencies that the City may request be arranged prior to the public hearing. Council Member Broussard Vickers said she desired establishing a public hearing date to avoid delay. Mr. March asked Mr. Inman if publication of the public hearing notice for a five (5) year tax abatement was appropriate. Mr. Inman concurred. He would accept the one (1) year deal with a possibility of working toward five (5) year agreement. He also indicated they would draft a proposed development agreement and forward it to the City for approval. Page 4 of22 Ms. Drude stated this type of request is not unique to Centerville and indicated it happens in most cities. A consensus was reached to hold a public hearing at the October 11, 2000 Council Meeting in regards to Northern Forest Products request. IV. APPEARANCES/AWARDS Eagle Pass Single Townhome Association Jim Halstrom, (President, Eagle Pass Single Townhome Association) appeared before the Council to discuss the enforcement of the Developer's Agreement, street lighting and concerns/issues with any future development of the two (2) outlots that would be joined with their Association. Mr. Halstrom indicated the owners of the townhomes have had to endure ongoing development which they understand, however he explained there are agreements and ordinances in place that govern the way things should be done in order to make it more bearable. He then read a list ofthe following issues: ) 1. 2. 3. 4. 5. 6. 7. 8. 9. Regular sweeping of streets and sidewalks Ongoing clean-up of construction debris Regular maintenance and weed control Silt fencing at construction sites Inspection of site grading and sodding practices Cleaning of storm sewer grates Street lighting Eagle Park issues Future outlot development Mr. Halstrom indicated the streets and sidewalks are dirty and that someone should be responsible to maintain them and requested that the Council look into the matter. He indicated the developer has been leaving construction debris all over the sites that are under construction which blows around the development. He also indicated there are other cities with daily clean-up requirements and further requests the City to consider improving Mr. Halstrom indicated the streets and sidewalks are dirty and that someone should enforcement of such a policy. Mr. Halstrom indicated the developer has not maintained the outlots and lots that are not currently developed. Mr. Halstrom stated that excessive weed growth is unsightly and requested that the Council work with the developer on same. Mr. Halstrom indicated the developer is not currently using silt fencing and there is excessive erosion, dirt in the streets and on the sidewalks. He asked the City to require silt fencing in the future. Page 5 of22 Mr. Halstrom indicated the Development Agreement requires that four (4) inches of comparable top soil be added before the sod is installed. He indicated this has not been done in the development which has lead to grading problems and weed control problems. He also indicated their maintenance company has trouble due to terrible condition of the yards. He requested that the City inspect the sodding and have the developer replace it. Mr. Halstrom indicated the storm sewer grates are routinely plugged with construction debris, dirt and weeds and requested that the City maintain same or to require the developer to do so. Mr. Halstrom indicated he and the Association expresses safety issues with the current lighting of their development. He also stated there are too few street lights based on the fact that their development has winding streets and the houses are setback further off the street than other developments. He requested the City inspect the lighting and add additional streetlights or require the developer to provide same. ) Mr. Halstrom indicated the Association is concerned about the park in the development because there is a sports stand that is not currently useful. He indicated that perhaps installing basketball hoops on either end would make a better use of the stand. He also expressed a desire to provide "screening" of the portable toilet installed in the park. He suggested shrubs or trees to camouflage the facility. Mr. Halstrom also expressed to the Council the Association's disapproval of the proposed development of the outlots. He explained that roads will be extended and there will be two (2) associations responsible for one road which would be hard to manage. Council Member Broussard Vickers asked which roads were private roads. Mr. Halstrom indicated Voyageur Court was in their development and Ojibway was in the twin home area. He indicated Ojibway, which is a private road, would be extended into their Association and they would share maintenance costs on same with the twin home association. Mr. March referenced another townhome development that has lights on the front of the units that unit owners leave on all night and he inquired as to whether the Association had lights on their units and if they leave them on. Mr. Halstrom indicated lighting is up to the individual unit owner and said they have no exterior motion detectors. ) A member of the audience, also from the Association, indicated lighting on the houses does not add to the lighting of the streets due to the style of the development with winding streets and setbacks. Mr. March indicated it did in the other development because houses were closer to the street than in Eagle Pass. Page 6 of22 A member of the audience, also from the Association, indicated cars are speeding through the development. They indicated this was not safe because there are pedestrians in the street because the sidewalks contain construction debris and dirt. Mr. March asked if the developer could be forced to pay for additional streetlights. Mr. Hoeft stated the City would have to discuss this with the developer subsequent to finding out if they are in violation of the Development Agreement. Mr. March indicated Swift Construction is interested in developing the outlots and stated they have complied with City requests regarding those outlots. Mr. March said he received a telephone call from Swift regarding the Townhome Association and indicated they are looking into stainless steel mailboxes and asked if the City would be willing to waive the $25.00 per mailbox stand fee if the developer installs them. He also requested the Association intended to replace all mailbox stands or just to install this type for new units. Mr. Halstrom said the Association does not like the appearance of the current mailbox stand and indicated it is not secure. Recently, mail was removed from a box and placed in the park's portable toilet. A member of the audience, also from the Association, explained the mailbox stands are unsightly and difficult to install additional mailbox to the existing stands. Mr. March stated Public Works will address the issue of the mailbox add ons and stated that Swift is unwilling want to pay the $25.00 on top ofthe $21.00 they are being charged for the mailbox holders. A member of the audience, from the Association, said they were told the post office would pay $20.50 for each undeveloped lot for a secure mailbox unit but the developer needed to provide the concrete pad. Mayor Wilharber asked if the mail prank was reported to the police because tampering with mail is a federal offense. A member of the audience, from the Association, asked ifa building permit was required for the concrete pads. Mr. March indicated a permit was not required. Mayor Wilharber questioned the Council if they had any issues or discussion concerning the matter. Page 7 of22 Council Member Nelson questioned a lack of standard performance by the builder and indicated the City should not continue to let a builder with past performance problems develop additional lots within the City. Mr. March questioned if the City has the ability to legally delay permits for a developer not complying with the requirements set forth prior to allowing additional building in other areas. Mr. Hoeft indicated any development would be dependent on a Development Agreement and the City has no authority to delay permits unless there is a valid contract issue. Council Member Sweeney said the City could prevent the developing of outlots until the developer complies. Mr. Hoeft stated he was not involved in the execution of the Development Agreement with Eagle Pass and said he would like a copy of the agreement. Mr. Halstrom provided a copy of the agreement to Mr. Hoeft. Mr. Hoeft stated the City may take previous noncompliance into consideration when a developer requests approval for future developments. He said the two (2) issues must be independent but the City can use what they have learned to prevent future problems in the new development. Mr. Halstrom requested the City consider other developments along with theirs when upholding development standards. ) Council Member Broussard Vickers questioned if the City could escrow performance money coinciding with the new development. The escrow would be available to reimburse the City or Association for having the jobs done if not completed by the developer. Mr. Hoeft said the agreement can contain any kind of provision the City would like to see and he advised it would be a good idea due to lack of performance in the past. Mr. March asked if the Council would like to go to the development in the evening to see if there is a lighting problem and then make a proposal to the developer, decide if the City will pay for street lights or assess the individual property owners. Council Member Broussard Vickers asked if there was a standard City plan for street lighting. Mr. Hoeft indicated he believed it to be one street light for every three hundred (300) feet or four hundred (400) feet. Council Member Nelson questioned if the City Engineer would inspection the street light situation and report back to the Council. ) ) Mayor Wilharber noted anytime street lights are added there will be ongoing costs to maintain and upkeep the lights which is an increase of expenses to the City. Mr. Halstrom indicated this is a safety issue at this point and money should not be placed higher than safety. Page 8 of22 Mayor Wilharber indicated he drove through the City at night and found that buildings and homes with lights on the exterior do provide more light on the street and said having lights on the townhome exteriors may be an idea to solve the problem. He also indicated the City would be willing to look at the lighting issue but said he is concerned for continued operating costs. Mr. March noted with the development of the outlot areas the City would have leverage to assess the developer for more lights. A member of the audience. who is a member of the Association, said when they drive around the curves in the development their headlights go one way and they are looking the other way into the dark. She said she has almost hit people because people are walking in the street because the sidewalks are not clear. She also indicated a desire for a security light at the park and said she believes the light at the park should be the City's responsibility. Mr. March noted people in this community are out alot walking and biking and even though there are sidewalks provided alot of people do walk in the streets. ) Council Member Broussard Vickers indicated a desire to have the ongoing clean- up of construction debris added to the Development Agreement. She said a silt fencing requirement has been added already and indicated the sodding or soil replacement should be inspected and if done incorrectly. it should be re-done at the developer's expense. She also said the issues of Eagle Park need to be forwarded to the Parks and Recreation Department. Council Member Broussard Vickers then asked if the developer can force the Association to take on new members by developing the outlots. Mr. Hoeft declined to comment as he has not read the Development Agreement. Mr. Halstrom explained the by-laws of the Association say the developer can add up to sixty-seven (67) units. He explained the private road will expand and add eight (8) more units than allowed in the by-laws. The current plan from Swift Construction shows twenty (20) units and the by-laws state eighteen (18) are allowed. Council Member Broussard Vickers asked if the developer came to the Council with a plan for a certain number of houses if the City could deny the request if the Association provides the Council with something that proves the developer is at fault. She then indicated if the Association has nothing to prevent the development it may be a civil issue between the developer and the Association. City Attorney Hoeft stated he could not comment on the developer's plans because there is not an approved plan. He then indicated the developer could create a new association or create some thing with the existing Association if it is not in violation of the by-laws or Development Agreement. He indicated the plan Page 90f22 would need City approval and the City would be interested in a plan that is fair to both sides ofthe issue. A member of the audience, from the Association, asked if the private streets could be made into city streets. Mr. Hoeft said this was not likely. A member of the audience also from the Association asked if the Association could be notified when Swift Construction appears before Council seeking approval of their expansion plan for the development. Mr. March said this would be done. A member of the audience, from the Association, asked if the City were to deny Swift Construction's development plan, what would happen to the property. Mr. Hoeft indicated Swift Construction owns the property and can propose anything that is allowed by ordinance or sell it to some one else for development. Mr. March said Gor-em actually owns the lots but Swift Construction was developing them. He indicated finding a mutually agreeable development was beneficial. A member of the audience, from the Association, asked if the City would be able to notifY the Association when seal coating or other road maintenance was being done in the development so they could join in to save money. Mr. March said the City commonly does that with other developments and would have no problem with this request. ) Council Member Broussard Vickers questioned if the City Attorney would review the Development Agreement to see what the City can do to demand compliance. A member of the audience, from the Association, commented on the sodding and grading at the development and said it affects the City with runoff issues. Council Member Travis asked why this is all being addressed to Swift Construction if Gor-em owns the property. Mr. March stated the developer is less than responsive once the lot is sold and developed. He stated then Swift Construction is in charge of issues stemming from development. A member of the audience, from the Association, said her son works in construction and some homes he was working on recently were red-flagged by the City because the contractor had not used silt fencing as required. She indicated all work in the development stopped until the developer had complied with the silt fencing requirement. She then asked if Centerville could do something similar to make developers comply. She then told the Council she recently observed some kids playing on some trusses that were leaning up against a dumpster, partially blocking the sidewalk, and said it was a very unsafe situation. She also said the dumpsters are always overflowing with debris that blows all over the neighborhood. Mayor Wilharber Page 10 of22 indicated the Public Works Department and the Building Inspector would do a better job of enforcing ordinances to get the developer to comply. He then told the residents the City Attorney will check into the issue to see if there is anything the City may do to enforce and address the issues brought forth. Bill Bisek from Kelly's Komer Bill Bisek appeared before the Council and discussed with the Council the 3rd Annual Kelly's Komer Customer Appreciation Event. He indicated the Rockin' Hollywoods would be performing outside during the evening of October 14,2000 from 8:00 p.m. to 12:00 a.m. He indicated there would also be a pig roast. Mayor Wilharber and the Council told Mr. Bisek there were two (2) or three (3) complaints of noise last year. Council Member Broussard Vickers said a citizen recommended the celebration end earlier this year. Motion bv Council Member Sweeney. seconded by Council Member Broussard Vickers to approve the noise permit to allow Kelly's Korner Customer Appreciation Event to proceed as planned. All in favor. Motion carried unanimously. ) Council Member Travis asked if there would be a problem with ending at 11 :00 p.m. Mr. Bisek indicated it was not a problem but it would mean a 7:00 o'clock start which is a little early since most people have to eat dinner, get the babysitter, and they would miss a lot ofthe show. Mayor Wilharber stated since this event occurs once a year, and if it is advertised well, the public will be aware that the event is going on and can plan accordingly. Mr. Bisek indicated they do send out letters to residents within three hundred fifty (350) feet and invite them over to enjoy the day, at no cost to them, and said the event was very well attended by the neighbors. He also said if he needs to do some thing to better inform residents of what is going on, he will certainly do that. Adult Sport Leagues. Bill Bisek Mr. Bisek said last Wednesday he went to the Parks and Recreation Committee meeting and explained he was approached by many residents in the community for sports entertainment. He indicated there are no organized sports in town except for little league baseball. He explained in years past there was a business in town taking care of part of that with an adult softball league and broomball in the winter. Page 11 of22 Mr. Bisek stated this is an Economic Development issue because each business helps another and if there were entertainment for adults in town the participants and spectators would spend money in Centerville. He then explained the leagues can be self sufficient if managed properly. His plan is to charge fees to the participants to cover the cost of renting the facility and any maintenance required. He said he is willing to get the program running at no cost to the City. Mr. Bisek questioned the Council whether to move ahead and explained some of his ideas would be working with Centennial School District to rent gyms for volleyball leagues, broomball or boot hockey, along with softball at LaMotte Park. He indicated he would work in conjunction with anything else that is scheduled. Mr. Bisek said he feels it is a shame the kids have to leave Centerville to play football and soccer because it takes business out of Centerville. Council Member Broussard Vickers stated from her perspective it is hard to keep a program running and says she is cautiously optimistic of the ability to draw people from the community to make it a success. She said Parks and Recreation Committee should get involved in these programs. Council Member Sweeney stated he has talked about getting leagues going at Parks and Recreation Committee meetings and they are in favor of it. ) Mr. March stated the hockey rink is usually open and available so if Mr. Bisek is able to organize a league it would be a better use for the facility. Mr. Bisek stated it takes time to develop and implement a new program. He feels he has resources to pull from and if he gets permission from the City to get the word out he feels it would succeed. Council Member Nelson questioned what Mr. Bisek needs from the City. Mr. Bisek stated he does not want it to be perceived as a Kelly's function, but as a City run league. He said he would like to use the sign out in front of City Hall to advertise the leagues forming. He also said he would like the City to handle the funds for fees and writing the checks for renting of space and maintenance. Council Member Broussard Vickers indicated the City needed to check on insurance to start up a City run sports league. Council Member Sweeney stated they need to discuss the possibility of adding a person in the Parks and Recreation Department to administer the programs and that would affect the budget for Parks and Recreation. Mayor Wilharber stated he would like to see a "concept plan" from Parks and Recreation for costs, budget and equipment to operate a program. He stated he agrees with the concept but would like to see what it would cost the City. Page 12 of22 Mr. Bisek indicated he would be doing the work of the Parks and Recreation employee to facilitate the start up. He said he is almost positive that Mr. Prew who started leagues in Vadnais Heights would be willing to help him get things going in Centerville. Mr. Bisek indicated it is impossible to say what it would cost the City until it gets going. He then explained there should be no extra costs because the facilities are already operating and the league would use them when they were not in use by other groups thereby utilizing the facility better. Mr. March recommended he start with Winter volleyball as the school has hard and fast amounts for what they charge to rent the space and for janitorial and other costs. He said volleyball should be easy to determine costs and show the City. Mr. Bisek indicated he could work with Parks and Recreation to come up with a time/cost system for maintenance of the ice rink and bring it to the Council. Council Member Nelson questioned if Mr. Bisek would be working under Parks and Recreation. Mr. Bisek indicated he was willing to work with Parks and Recreation. ) Council Member Sweeney indicated there was discussion about adding an additional employee in the Parks and Recreation Department but they are not currently ready; however, possibly in the future once the program is up and runnmg. v. UNFINISHED BUSINESS Hunter's Crossing Financing - Juran and Moody (George Eilertson) Resolution 00-17 - Providing for the Issuance and Sale of $650.000 General Obligation Improvement Bonds of2000 This item was moved up on the agenda as Mr. Eilertson had a previous obligation and needed to leave. George Eilertson addressed the Council and explained the City had previously adopted Resolution 00-17 calling for the issuance and sale of $650,000 in general obligation improvement bonds for 2000 but it is being adopted again to reflect the revised bond opening date. He indicated the only difference is the dating of the bonds. Motion by Council Member Sweeney. seconded by Council Member Nelson to adopt Resolution 00-17. a resolution callin2 for the issuance and sale of $650.000 in 2eneral obli2ation improvement bonds of 2000. All in favor. Motion carried unanimously. Page 13 of22 Council Member Broussard Vickers said one of the addresses was incorrect and asked that it be corrected. She then explained which address and Mr. Eilertson indicated it would be corrected. Resolution 00-20 calling for an assessment hearing on September 27.2000 George Eilertson addressed the Council and asked they approve Resolution 00-20 authorizing an assessment hearing to be held on September 27, 2000 to adopt the assessment role for Hunter's Crossing. Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to approve Resolution 00-20 calling for an assessment hearing to be held on September 27. 2000. All in favor. Motion carried unanimously. VI. CONSIDERATION OF MINUTES August 23. 2000 Meeting Minutes Motion by Council Member Nelson. seconded bv Council Member Sweeney. to approve the August 23. 2000 Council meeting minutes as presented. All in favor. Motion carried unanimously. ) VII. PAYMENT OF CLAIMS The City ofCenterville August 24.2000 through September 13.2000 Motion by Council Member Nelson. seconded by Council Member Travis to approve the expenditures for the City from August 24. 2000 through September 13. 2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Sweeney. seconded bv Council Member Nelson to approve the Centennial Fire District expenditures in the amount of $5.857.42. All in favor. Motion carried unanimously. September Payroll Expenses Motion by Council Member Sweeney. seconded by Council Member Nelson to approve September payroll expense checks numbers 5053 - 5099 in the amount of $23.862.43. All in favor. Motion carried unanimously. Hunter's Crossing Pay Estimate #1 Mr. Peterson recommended payment of the Hunter's Crossing claim. Page 14 of22 Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers to approve the Hunter's Crossin2 expenditures in the amount of $184.945.15. All in favor. Motion carried unanimously. VIII. PETITIONS AND COMPLAINTS Council Member Nelson stated she received a complaint from Dan Skoog who complained he is sick and tired of dogs and cats running wild and going to the bathroom in his yard. He said dogs are also being allowed to run around off leash at the park. Council Member Nelson told him it was cost prohibitive to send a flier to everyone in the City and agreed to recommend that Council request the police be diligent in picking up strays. Mr. Skoog also complained of many homes and yards needing maintenance in the City. He had a few specific concerns on Peltier Lake Drive and Council Member Nelson said she would recommend Council take a look to see if these properties needed to be cited for ordinance violations. \ ) Mayor Wilharber stated rather than have the Council drive around looking for properties in violation of various ordinances it was normal procedure to have the Public Works Director or the building inspector take a look and recommend Council take action if they feel it is needed. He then stated he believes there are senior citizens in town that need assistance with yard and house maintenance. Maybe a volunteer group could be utilized to help them. Mayor Wilharber stated he has already informed the police department to be on the look out for strays and to pick them up. Council Member Broussard Vickers stated she is not interested in making the determination of which houses are in need of repair and she would prefer the City use the established procedure. She stated the newsletter should contain a note about the leash law to remind the residents. Council Member Sweeney said he would like to see the animal ordinance enforced but indicated people need to be responsible to report them and follow procedure. Council Member Broussard Vickers agreed people need to take some of the responsibility to change the situation. Mr. March state he told the caller that it was up to him to call the police and report a stray dog in order to have it picked up. Page 15 of22 IX. NEW BUSINESS Encroachment onto the Wilharber Estate by the Contractor Without Permission. Tom Wilharber, 6849 Centerville Road, addressed the Council and explained on September 1, 2000 he discovered the contractor had encroached onto his mother's property to install the sewer and water pipes for the Hunter's Crossing Development and had taken out an area about 75 x 30 feet of field corn on the property. Mr. Wilharber indicated the com belongs to David Vickers, 6756 Centerville Road, as he is renting the property from the Wilharber estate. Mr. Wilharber indicated the Wilharber Estate is not interested in providing an easement to the City for their sewer and water lines. He then stated the Wilharber Estate is requesting the City and the engineer on the project write a letter admitting to the error and include payment for the loss of the field com to be paid to W. Wilharber who will reimburse David Vickers. Mayor Wilharber abstained from comment on the matter. 1 ) Council Member Travis asked the City Engineer how the contractor ended up on the Mayor's property. Mr. Peterson accepted responsibility for the mistake and said it was a small area on a big job that accidentally slipped through the cracks and indicated if there was a need for an easement a proper request should have been made to the property owner. He apologized to the Mayor for not catching the error previously. Mr. Peterson indicated Bonestroo and the developer they what is necessary to restore the area to its original condition. They will put up silt fencing to prevent erosion and make sure the grade matches. He indicated the property does tip to the north and what ever water does run off will go through silt fence and drain away from the property. Council Member Broussard Vickers questioned if there will be access for the combine to enter the field to harvest the com and City Engineer Peterson indicated there would be room. Motion bv Council Member Sweeney. seconded by Council Member Nelson to have the City Engineer write a letter of apology to the Wilharber Estate and reimburse W. Wilharber in the amount of $10 for the loss of the field corn. Motion carried. (Mayor Wilharber and Council Member Broussard Vickers abstained). Mound Trail Overweight Permit Request The City Engineer indicated there should be no problem with allowing an overweight concrete truck access to the development to pour footings and a foundation as this is a perfect time of the year and should not harm the road. Page 16 of22 Motion by Council Member Sweeney. seconded by Broussard Vickers to approve the overweb!ht permit for construction on Mound Trail with the stipulation that it be noted this is a one-time permit and that the developer should not come to the City with a request in the Sprin2 when it would dama2e roads. All in favor. Motion carried unanimously. 2001 Fete des Lacs Committee Structure (Ray DeVine) Mayor Wilharber read materials submitted by Ray DeVine proposing a formal structure for the 2001 Fete des Lacs Committee. Council Member Nelson questioned if the City should requrre committee members have some connection to the community. Council Member Broussard Vickers questioned how many people worked as a group on the Festival last year. Council Member Sweeney state twenty (20) people or more in the beginning and down to twelve (12) or fewer as it progressed. He indicated about six (6) members were actively involved at the time of the festival. Mr. DeVine stated he feels they need a seven (7) member core committee that can work on the issues and make decisions and then get volunteers to actually assist with the festival. ) Council Member Sweeney stated he feels that if there is a core group there will be minutes taken and there will be fewer conflicts in the process. He stated he feels that this will not diminish the importance of the volunteers in any way but they need formality. Mr. DeVine explained he was attempting to address the issue of hurt feelings of those not on the committee and indicated there were subcommittees to be on if someone is not on the formal committee that are just as much a part of the process. Council Member Sweeney questioned whether a longer term would be better. Mr. DeVine said the celebration must be planned from the time it is over until the new committee is in place and that is why the term was set as proposed. Mr. Hoeft indicated once the term expires the committee members can stay in the seat until a new appointee is in place or indefinitely if no new appointee is available. Council Member Nelson questioned whether a budget was in place for the committee or not. Mr. DeVine indicated he did not address the budget because the committee was planning on the $5,000 donation from the City and whatever they could raise themselves in donations. J / Page 17 of22 Council Member Nelson questioned if the committee could receive an accounting of costs for the festival after the festival and Mr . DeVine indicated the committee could provide an accounting to Council. Mr. March indicated at several meetings they had only three (3) or four (4) people at the meetings and had to decide things in order to proceed and that caused a problem. He stated he would like to see a provision if key people start not showing up they can be removed from the committee. Motion by Council Member Nelson, seconded by Council Member Travis to approve the Fete des Lacs Festival Committee by-laws. Council Member Sweeney indicated he would like a rough draft of the proposed committee formed and presented to Council. He also indicated he disagrees with requiring committee members to live or have a business in Centerville in order to participate. Council Member Broussard Vickers indicated she felt the seven (7) voting people need to be a member of the community. Council Member Sweeney would like to approve the forming of a committee and forming by-laws. Mr. DeVine said he does not want to appoint members of the committee. \ J Council Member Sweeney indicated the by-laws are a good start but said he does not want to vote to approve them right now. A consensus was reached by the Council to direct Mr. DeVine to get letters of interest from those wanting to be on the committee and bring the letters and by- laws to the Council for approval. The previous motion and second were withdrawn. Motion by Council Member Sweeney, seconded by Council Member Travis to continue to rec02nize the Fete des Lacs Festival Committee as a seven (7) member committee and to solicit letters of interest from interested parties for consideration. All in favor. Motion carried unanimously. Mayor Wilharber indicated he feels if people are interested in helping out it should not be closed to just members of the City. Council Member Broussard Vickers asked why the City needs to pay more to lease space for parking this coming year. Mr. DeVine said they are going to expand the festival and need more space. Mr. March said this would increase the need for parking space. Page 18 of22 Council Member Broussard Vickers inquired as to subletting land and if there would be any kind of liability. Mayor Wilharber suggested the City approach the church for an option to lease more space for parking next year. Mr. March said the City has a verbal lease with the church and just needed to iron a few things out. Motion by Council Member Sweeney. seconded bv Broussard Vickers to have Mr. March draft a letter to the church for Council approval. All in favor. Motion carried unanimously. Holiday Party Motion by Council Member Travis. seconded by Council Member Sweeney to approve holdin2 the holiday party at Maiestic Oaks as presented. All in favor. Motion carried unanimously. Proposed Chain of Lakes YMCA Mr. March presented information on a proposed Chain of Lakes YMCA to the Council. He presented a document showing what it would cost Centerville over the course of 5, 10 and 15 years. Also included was information on fundraising plans to help fund the YMCA. ) Council Member Sweeney questioned if Centerville would get the same benefits as Lino Lakes is getting. He then indicated the City would have to make a $250,000 donation to participate in the program. Council Member Broussard Vickers questioned if the YMCA would be held to public standards or if they are a private company. Mr. Hoeft said he is uncertain as to the structure of the business but thinks they are able to make certain decisions that public entities cannot. Mayor Wilharber stated the pros and cons of the project need to be considered very carefully and weighed against the cost of having a shared facility versus building a community center in Centerville. Mayor Wilharber indicated he had spoken to the priest at St. Genevieve and was told the church may be merging with the church in Hugo and they would remodel, expand and perhaps there would be room for a community center on church property. Mayor Wilharber said the priest would need to go to the church for approval of the plan and then the archdioceses, but it may be a possibility if they do a land swap with the City. Mayor Wilharber indicated he would like to hold a workshop where the Council would discuss what it would cost to build a community center. Page 19 of22 Council Member Sweeney indicated the YMCA had talked to the Parks and Recreation Committee about having outdoor programs in Lamotte Park as part of their community agenda. Mayor Wilharber state he had spoken with the Mayor from Hugo who brought up transportation to the YMCA and Mayor Wilharber agreed that a regular bus route through the City should be established. Storm Sewer Realignment - Lloyd Drilling (1873 Main Street) Mr. March presented information to Council on a request from Lloyd Drilling for permission to realign the storm sewer that exists at the property across the street from City Hall. He said the current storm sewer runs between the existing vacant commercial lot and the existing home at 1873 Main Street. Mr. March indicated a permit was not required from the Rice Creek Watershed District and he recommended the request be approved. Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to Approve the Request to Realif!n the Storm Sewer at 1873 Main Street. \ ) Council Member Sweeney questioned the City Engineer if the drainage plan was acceptable to the City and followed City plans. Mr. March questioned the City Engineer if it was possible to divert the storm sewer through the detention pond behind City Hall in order to treat the water. He said he was wondering if there would be any benefit to directing the storm water into the pond. "Mr. Palzer indicated there would be new regulations forthcoming regarding lots of one (1) acre or more and Council wanted to comply with the upcoming regulations" . The previous motion and second withdrawn. Motion by Council Member Nelson. seconded by Council Member Sweeney to table the request of Lloyd Drillinf! to realif!n the storm sewer at 1873 Main Street until City Enf!ineer Peterson can review and make a recommendation to Council on whether the sewer can be diverted into the detention pond behind City Hall. All in favor. Motion carried unanimously. Page 20 of22 2001 Budget Resolution 00-18 - Approving Tax Rate Increase Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers to approve Resolution 00-18 approvine the tax rate increase if applicable. All in favor. Motion carried unanimously. Mayor Wilharber indicated the Council is not looking at a tax increase and would like to state that for the record. Mr. March indicated the County has the power to raise and lower market value and this Resolution is a precautionary measure only. Resolution 00-19 - Approving Initial Tax Levy Motion bv Council Member Sweeney. seconded by Council Member Broussard Vickers to approve Resolution 00-19 approvine the initial tax levY. All in favor. Motion carried unanimously. Mr. March indicated he would like to set budget discussion meetings for non- Council meeting Wednesdays. A consensus was reached by the Council to set a budget discussion meeting for October 4, 2000, at City Hall at 6:30 p.m. ) X. CONSENT AGENDA - None. XI. COMMITTEE REPORTS Mayor Wilharber noted there would be a Police Commission Meeting on September 14, 2000. Mayor Wilharber asked to have the website updated if the Council was going to be referring people to check it for information. Mr. March indicated the website will be updated on September 14,2000. Mayor Wilharber recommended Council drive by and check out the new landscaping at the entrance to the parks and said he is pleased with how it turned out. Xll. ADMINISTRATOR'S REPORT Mr. March said he received a call from an attorney representing Sheehy Properties and the attorney asked if the City would be interested in purchasing approximately 15 acres of property. He said he was not sure of any assessments and explained Joe Goetz was interested in purchasing the property for potential industrial development. Page 21 of22 Mr. March stated he thought a possible benefit to the City would be a potential water tower sight as it would be visible from the freeway. Council Member Sweeney stated it would be worth looking into. Mr. March indicated it is a marginal property but it may work for a skateboard park or BMX park. Mayor Wilharber indicated the City may be able to use the property for a variety of different purposes. Mr. March indicated he received a call from the Liquor Control Division and they asked if the City was going to be imposing a civil penalty on the business that recently received the liquor violation. He told her the City did not intend to do so and she said the Liquor Control Division would be reviewing the case and may be imposing a penalty of their own. Council Member Sweeney indicated that he read in the QUAD Community Press that other establishments have been shut down for liquor violations. Xill. ADJOURNMENT ) Motion by Council Member Sweeney. seconded by Council Member Travis to adiourn the September 13. 2000 City Council Meetin2 at 9:20 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 22 of22 ~PIU u,,~u CITY OF CENTERVILLE CITY COUNCIL MEETING AUGUST 23, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on August 23,2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Mari Nelson ABSENT: None STAFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Tom Peterson I. CALL TO ORDER ) Mayor Wilharber called the August 23,2000 City Council meeting to order at 6:00 p.m. II. SET AGENDA The following items were added to the agenda: . Ordinance #4 under Unfinished Business . Correspondence from Lloyd Drilling under Unfinished Business . City Hall Generator under New Business Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the agenda with noted additions. All in favor. Motion carried unanimously. III. PUBLIC HEARING (S) Ordinance #4 Mr. March stated this was a public hearing to discuss the final changes made to Ordinance #4 as the recreational vehicle length was being increased to thirty-five (35) feet and minor language being amended to the whereabouts vehicles could be parked. He noted recreational vehicles could not be parked in the right-of-way of any driveway. Mr. March indicated the side setback was being changed to five (5) feet and ten (10) feet for the rear yard setback. 1 Dawn Sperry, 6913 Tourville Circle, indicated she lives next to a rental home that is storing full-sized dump trucks in their driveway. She noted the police have been notified of the noise pollution that these vehicles are creating for the residents in her cul-de-sac. Mayor Wilharber noted Ms. Sperry did the correct thing by contacting the police with this issue and explained that Ordinance #4 would restrict the storage of dump trucks within residential neighborhoods. Ray DeVine, Planning and Zoning Commission member, asked if weight restrictions were going to be set on construction vehicles being stored within residential areas. Mr. March noted this was not contained in the Ordinance at this time. Council Member Nelson asked if satellites could be stored between a park and residential area. Mr. March noted Ordinance #4 does not address public land at this time. Council Member Travis asked how dump trucks were being restricted within a residential area. Mr. March noted the exact types of vehicles were not spelled out, but the Ordinance does refer to small construction vehicles. He indicated letters would be sent to all those in violation with commercial vehicles parked in their driveway. He asked the City Attorney to comment on this item. Mr. Hoeft noted that at any time a citation is issued under this Ordinance a six- person jury within the community would decide the definition if a problem were to arise. Motion by Council Member Sweeney. seconded by Council Member Nelson to close the public hearing. All in favor. Motion carried unanimously. IV. APPEARANCES/AWARDS Milo Bennett. Centennial Fire Chief - City/Fire Hall Generator Chief Bennett addressed the Council regarding a placement of a generator at City Hall. He indicated the fire hall is also being proposed for a generator. Chief Bennett explained the generator would allow the City Hall to function in emergency situations. He noted he acquired three quotes for the Council to review and respond to. Chief Bennett noted the low bid was from Gephart Electric in the amount of $34,780. He indicated there would be charitable gambling funds available for the purchase of the generator in the amount of $17,500, which would reduce the funding needed from the City. Mayor Wilharber asked if the generator would be run on natural gas and how that worked. Chief Bennett stated the generator would run on natural gas and is powered by the pressure within the pipelines. He explained the generator would start within three (3) to five (5) seconds of the power going down. 2 Council Member Nelson indicated she was in favor of the purchase as she felt this was a good suggestion for the City Hall offices. Mayor Wilharber asked if any funding was allocated for this item last year. Mr. March stated funding was not allocated specifically, but stated funds were set aside for capital improvements and road improvements. V. CONSIDERATION OF MINUTES August 9. 2000 Council Meeting Minutes Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to approve the August 9. 2000 Council meeting minutes as amended on page 4. paragraph 5. to remove "if" from the first sentence. and page 8 paragraph 5 to remove "and increased public liability insurance" from the first sentence. All in favor. Motion carried unanimously. VI. PAYMENT OF CLAIMS The City ofCenterville August 10 through August 23.2000 ) Motion by Council Member Sweeney. seconded by Council Member Travis to approve the expenditures for the City from August 10. 2000 through August 23. 2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the Centennial Fire District expenditures in the amount of $16.954.13. All in favor. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Keith Okan - Eagle Park Satellite Placement Council Member Nelson noted she received a complaint that the satellite placement in Eagle Park was too close to his property line. She indicated he would like it to be moved to allow him to greater enjoy his lot. Council Member Nelson explained Mr. Okan would like to see the structure enclosed or bolted down to assure it would not be tipped over. She indicated she spoke with Karla De Vine on the Parks and Recreation Commission and noted the item was dropped at their August meeting. ) / Council Member Sweeney indicated the location and access of the satellite was placed at that location for cleaning purposes. He stated the trees in the area also allow for screening and protection from the unit being tipped. Council Member Sweeney stated the Parks and Recreation Commission held numerous discussions about the placement of each unit within the parks. He noted they felt this was the best placement at the time. 3 Council Member Broussard Vickers asked if the unit could be moved ten (10) feet away from the property line. Mr. Palzer stated the unit is currently three (3) feet from the property line and could not be on the other side of the trail as it is private property . Mayor Wilharber inquired if the unit could be placed near the sidewalk to remain accessible and placed on a slab. He stated an enclosure could be built at a later date. Council Member Broussard Vickers stated she would like to see this change made as the accessory structure is closer than five (5) feet to the property line. Mr. Palzer noted the unit could be moved to the suggested location. Council Member Travis noted he would not be voting on this issue because he felt the movement would be opening a can of worms for other property owners near parks. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to approve the movement of the satellite in Ea2:le Park to be ten (0) feet from the property line as stated within Ordinance #4 for accessory structures. All in favor. Motion carried. (Sweeney opposed) (Travis abstained). ) VIII. UNFINISHED BUSINESS Hunter's Crossing Ditch - Tabled July 26 and August 9.2000 Mr. Hoeft addressed the Council and stated the Title Company wanted to exchange some deeds for the northerly plats. He stated the City did receive an easement for the ditch and the entire waterway was within City property. Motion by Council Member Sweeney. seconded by Council Member Nelson to authorize the City Administrator to execute the quit claim deeds if all land is within the City easement or City owned property for Hunter's Crossing Ditch. All in favor. Motion carried unanimously. Ordinance #4 Council Member Broussard Vickers noted she would like an update on how grand-fathering worked with items not in compliance with the Ordinance. Mr. Hoeft stated he would address all future items as they arose. He noted an amortization could be placed on non-conforming uses to gain compliance over a number of years if the Council so desired. ) -" Council Member Broussard Vickers asked how the dump truck issue would be handled. Mr. Hoeft indicated a letter would be sent out to the homeowner requesting compliance and allowing a reasonable amount of time for compliance. 4 Council Member Broussard Vickers noted the Planning and Zoning Commission did note they were in favor of allowing residents until next summer for the housing of recreational vehicles. Mr. Hoeft noted the enforcement of the Ordinance was up to Council and Staff. He indicated the City would want to be consistent with the enforcement noting that each lot was unique within the community. Mr. Hoeft stated the Council would need to keep this in mind when considering same. Council Member Travis thanked the Planning and Zoning Commission for their involvement with Ordinance #4. He noted he had several issues with the Ordinance but felt there were too many good things within the Ordinance to hold it up. Mayor Wilharber concurred with Member Travis. Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to approve Ordinance #4 as submitted. All in favor. Motion carried unanimously. Motion by Council Member Sweeney. seconded by Council Member Nelson to enact the Summary of Ordinance #4 as noted in Resolution 00-17 for publication. All in favor. Motion carried unanimously. Storm Sewer Alignment ) Mr. Peterson noted the alignment of the storm sewer on the northeast comer of Main Street and Peterson Trail was proposed to be realigned. He noted the cost would be roughly $10,134 as sought by Lloyd Drilling. Mr. Peterson indicated there are issues with the Watershed District and this item may need to be reviewed by them prior to gaining City approval. Motion by Mayor Wilharber. seconded by Council Member Nelson to direct staff to advise Lloyd Drilling to approach the Watershed District on this issue before obtaining City approval. All in favor. Motion carried unanimously. IX. NEW BUSINESS Northern Forest Products - Resolution #00-16 Mr. March noted Tax Increment Financing (TIF) was allocated to Northern Forest Products in 1995. He stated when the notes were set up, Ehlers created the cash flow analysis showing the repayment schedule for this property. ) Mr. March noted the landowner was taxed originally at $330,000 versus the proposed $550,000 which created a shortfall in the TIP available. He noted there has been a substantial amount of finger pointing with this issue and the former City Administrator had been discussed. 5 Mr. March noted checks were cut for the developer and landowner for 90% of the amounts paid. He indicated he is proposing a compromise for all parties involved. Council Member Broussard Vickers asked if the pay back would be a percentage of the value or a dollar amount. Mr. March indicated the property owners were under the understanding it would be a dollar amount. Mr. March explained two (2) payments had been made to Northern Forest Products. He indicated the City is looking to do a tax abatement for one (1) year to give Paul McDowell the incentive to expand his current building. Mr. March stated Mr. McDowell is not in favor of this as it would keep the City running his business. Mr. March then stated he would like to see Mr. McDowell expand his building and approve the tax abatement with no strings attached. He noted the City is hoping to modify the two (2) notes and go to a closing with Mr. McDowell in September to allow the owner increased incentives. Mr. March noted that Northern Forest Products has created jobs and runs a clean operation within the City. He noted the City is willing to abate up to $25,000 as a maximum based on the size ofthe addition constructed on the property. ) Council Member Nelson noted she was in favor of the proposal as it would benefit the City in the long run. She indicated this was a win win situation for all those involved. Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to approve Resolution 00-16 regarding the tax abatement for Northern Forest Products. All in favor. Motion carried unanimously. 2001 Draft Budget Mr. March indicated that by September 15, 2000 the levy amount would need to be set by the City. He stated the City's gross tax capacity was roughly $2,000,000, which was $400,000 higher than the previous year. Mr. March explained this allows the City greater spending power for future years. Mr. March noted the City could levy 1,200,000 at the current tax capacity rate without raising taxes. He indicated he felt this was the consensus of the Council at this time due to the increase in the tax base. Mayor Wilharber asked if the levy limits were still in place by legislature. Mr. March indicated the legislature did eliminate the levy limit increase amounts for next year. Mr. March reviewed the assumptions for 2001 as it related to the budget. He indicated the number of building permits is anticipated to decrease in turn decreasing revenues. Mr. March noted that police costs would increase for 2001 while the aid to small governments would decrease to $45,000. 6 Mr. March noted there would be several workshop meetings for the Council to discuss how to address these items along with Public Works issues. Mayor Wilharber questioned when the property east of Hunter's Crossing would reach MUSA. Mr. March noted this parcel would reach the MUSA in 2001 but indicated he was uncertain if this would be developed within the next year. Mayor Wilharber noted a workshop meeting was set for Wednesday, August 30, 2000 at 6:00 p.m. to discuss the budget in further detail. Hugo Sewage Spill Mr. March explained he has been in contact with the MPCA regarding this issue. He noted the Met Council was going to use the Hugo spill to show the need for better communication. Mr. March noted adequate testing was completed and there was no threat to the environment or the health hazards. Mayor Wilharber asked if the non-recovered sewage was spread into the ground or ran into the creek. Mr. March noted the majority of the spill was spread into the field and the fecal count was reduced when exposed to ultra-violet light. He indicated that the Met Council was not saying whether any portion of the spill was emitted into the creek. City Hall Generator ) Mayor Wilharber noted that Mr. March indicated there were funds available for the generator and indicated this would be a great asset for the community. Council Member Sweeney concurred. Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the purchase of a generator for City Hall as presented by Chief Bennett. All in favor. Motion carried uanimously. x. CONSENT AGENDA - None. XI. COMMITTEE REPORTS . Mayor Wilharber stated a Police Commission meeting was held and indicated the budget was discussed. He indicated Circle Pines and Lexington had not approved their portion of the budget as Centerville had. Mayor Wilharber noted Circle Pines is going into further discussions on the budget but Lexington was not willing to budge on the issue. He inquired if the City of Centerville would be interested in paying an additional $5,000 to cover expenses. He noted the $5,000 would cover the increase in the budget as it does not follow the current formula. Mayor Wilharber indicated he felt the $5,000 was a small portion to cover additional expenses for the police department to maintain the same level of coverage. Council Member Sweeney and Council Member Broussard Vickers concurred provided all officers remain. 7 Mr. March stated this was a small amount but noted he was concerned about the formula created within the Police Commission. He added that a letter should be sent to Circle Pines and Lexington to urge them to expect the same level of service from the police department. Motion by Council Member Sweeney. seconded by Council Member Nelson to advise Mr. March to draft letters to Lexington and Circle Pines regarding the Police Commission budget. All in favor. Motion carried unanimously. Mayor Wilharber asked if the Public Works building was being cleaned at this time. Mr. Palzer noted the completion would be shortly. Mayor Wilharber questioned if the Council would be interested in charging the Police Department rent for use of a portion of the Public Works building. He noted he would not recommend this and Council concurred. XII. ADMINISTRATOR'S REPORT Mr. March indicated there was nothing at this time. XIII. ADJOURNMENT ) Motion by Council Member Sweeney. seconded by Council Member Nelson to adjourn the August 23. 2000 Council Meeting at 8:01 p.m. All in favor. Motion carried unanimously. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. 8 .n.pIU un;u CITY OF CENTERVILLE CITY COUNCIL MEETING August 9, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on August 9, 2000, at City Hall, 1880 Main Street. PRESENT: Mayor Torn Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers (Arrived at 6:06 p.m.) Council Member Mari Nelson ABSENT: None STAFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Torn Peterson I. CALL TO ORDER Mayor Wilharber called the August 9,2000 City Council meeting to order at 6:00 p.m. ) II. SET AGENDA The following items were added to the agenda: . LeBlanc Letter under Petitions and Complaints . Eagle Pass Townhome Association Letter under Petitions and Complaints . Salazar Potentially Dangerous Dog Discussion under Unfinished Business . Storm Sewer Realignment Discussion under New Business . Eagle Truck Closing Discussion under New Business · Saddle Stillwater Dead Broke Club Gambling License Discussion under New Business . Appointment of Park and Recreation Commission Members under New Business . Weed Control Discussion under New Business Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the agenda with the noted additions. All in favor. Motion carried unanimously. III. PUBLIC HEARING (S) ) Salazar - Potentially Dangerous Dog (Dakota) 1 " Ms. Salazar addressed the Council and noted she did not feel her dog was a potentially dangerous dog. She indicated Dakota has had his shots since the time of the incident and that he was still a puppy at the time, being only eight months old. Ms. Salazar added that she would be constructing a fence to the rear of her back yard for the protection and safety of children in the neighborhood. Council Member Nelson asked where the fence would be placed. Ms. Salazar stated she lives on a comer lot. She noted all sides of the rear lot would be fenced with a six- foot cedar fence. Council Member Nelson asked about the dog's obedience school. Ms. Salazar stated Dakota graduated an eight-week obedience school program and will be going on through additional training. She indicated Dakota was a German Shepherd. Barry Brainard, Captain of Revoir Street Neighborhood Watch, noted he was present with the police report and the definition of a potentially dangerous dog. Mr. Brainard read through the potentially dangerous dog ordinance under State Statutes. He indicated the police report of May 25,2000, stated the definition of Dakota qualifies as a potentially dangerous dog because he was pursuing the children in the area. Mr. Brainard stated that he does not feel these dogs need to be disposed of, but indicated the children in the area need to be protected. He stated the neighbors are looking for an enclosure of the yard to protect the nearby children. Mr. Brainard explained neighbors in the area are willing to assist in placing a fence around the back yard. ) Mr. Salazar stated he understands there are a great number of children in the area and asks that the children respect his pet as well. He indicated the need for a fence and stated he had no problem placing this in his backyard for the protection of neighboring children and his animals. Council Member Nelson asked if Mr. or Ms. Salazar felt these animals were potentially dangerous. Ms. Salazar stated she felt neither of the dogs (Nakita or Dakota) were dangerous, but that they were puppies. Mr. Salazar noted the training they were receiving at this time has calmed both pets. Mr. Salazar indicated that he feels his neighbors are alienating him because he has not heard of any of these concerns from the neighbors first hand, but instead, have heard from the police. He indicated his pets are no longer left in a temporary kennel for great lengths of time. Mr. Salazar noted the dogs are only let out one at a time to relieve themselves and then are brought back into the home. Mayor Wilharber asked if Dakota has been neutered. Ms. Salazar noted he had not been and stated he would be neutered as soon as the vet allows. Chief Heckman reviewed the State Statute in regards to potentially dangerous. He stated that Council needs to address this issue due to the fact that the animals may become a liability to the City if they harm residents and/or pedestrians. 'I j Council Member Nelson questioned the police report from May 25, 2000, and asked the officer to explain if the pet was quarantined for 10 days. Ms. Salazar stated Dakota was quarantined for 10 days at her home where he was observed at all times. 2 Officer Parks explained he received a call on June 18, 2000, that the dogs were swimming in a nearby pond. He indicated he whistled at the dogs and both came running towards him and that he did not feel threatened. Officer Parks stated he made his way to the front door as the dogs walked closely together to the front door. He indicated this was a sign of the "pack" mentality in dogs of this breed. Officer Parks stated the dogs were friendly to him while he was in the home but noted the temporary fencing for the pets was poorly constructed, as the wiring was bent and had holes. He indicated the dogs did leave the home while he was there and approached a jogger. Officer Parks noted Ms. Salazar called the dogs and stated both came running back to the home. Ms. Salazar noted her dogs have completed obedience training and should not be viewed as a potentially dangerous. Chief Heckman stated this may be the case, but Council still has the final determination as to how the animal is treated for the safety of the public. Mayor Wilharber asked if the City were to declare both dogs (Nakita and Dakota) were potentially dangerous, would they retain this designation their entire lives. Mr. Hoeft stated this was the case. ) Mayor Wilharber asked if the City was not to declare both dogs (Nakita and Dakota) potentially dangerous, would the City be liable for future incidents. Mr. Hoeft stated if the behavior of the animals is found to be potentially dangerous and the Council disregards the incidents the City would be liable. Council needs to take into consideration public safety. Council Member Nelson questions whether a decisions needed to be made at this time or subsequent to the public hearing. Mr. Hoeft stated Council would not make a decision until after the public hearing was closed. Ray DeVine, 1837 Revoir, noted the owners have taken good care of the animals since the incident. He stated both parties have a valid concern and stated he felt this would be a difficult decision for the Council to make. Council Member Nelson asked if Dakota's shots were up to date. Ms. Salazar stated they were. Mr. March asked if the neighbors would feel comfortable with the six-foot fence or if this would still be unacceptable. Mr. Brainard stated he felt both dogs were potentially dangerous due to the fact they travel in a "pack". He added he felt a six-foot fence may not be enough to contain the animals as German Shepherd's could jump a six-foot fence if provoked. Mr. DeVine stated he would also be in favor of the six-foot fence for the safety of the children in the area. ) 3 Council Member Nelson asked Mr. Brainard ifhe would be comfortable with a kennel in the backyard that met City specifications. Mr. Brainard noted he would be comfortable with this. Mayor Wilharber asked why the fencing has not been completed. Ms. Salazar stated this was due to financing and the fact contractors have not returned their telephone calls for estimates. Molly Nelson, 1864 Revoir Street, noted the child that got bit came to her house following the incident. She indicated the Salazar's have taken excellent care of the animals since the incident. She explained she felt the six-foot fence would be adequate for the protection of the children in the neighborhood. Mayor Wilharber asked when the fence would be completed. Mr. Salazar stated he is hoping to have this completed by the end of the month along with a sprinkler system and sod. Officer Parks indicated the dogs are diggers, they might dig their way under the fence. He indicated he does not want the neighborhood to have a false sense of security if a fence is put up. Officer Parks stated the obedience training might assist in dealing with the dogs in the home but not while outside of the home. Motion by Council Member Nelson. seconded by Council Member Sweeney to close the public hearing at 6:50 p.m. All in favor. Motion carried unanimously. ) IV. APPEARANCES/AWARDS 2001 Fete des Lacs Celebration - Ray DeVine Ray DeVine reviewed that a telephone poll was conducted and found that the carnival was important for the year 2001 Fete des Lacs Celebration. He stated the committee members felt the carnival was a huge success and noted that if the canival's continued appearance was council's intention, arrangements needed to be made as soon as possible. Mr. DeVine reported that the current Fete des Lacs Celebration dates conflict with neighboring celebrations and carnival promoters schedules and wanted to ascertain if Council would consider modifying the dates of the Celebration. Mr. De Vine stated the committee formed for the year 2000 Celebration was set for one year informally. He indicated the structure would be more formal for the year 2001 Celebration. Mr. DeVine invited all residents interested in attending the next committee meeting on August 17, 2000, to wrap up the year 2000 ties and begin working on the Celebration plans for 2001. Mayor Wilharber questioned the weekend the celebration would be proposed to move to. Mr. DeVine indicated he was uncertain of the dates, and stated it would be determined greatly by the carnival dates available. ) Council Member Nelson questioned why a decision was needed so soon for next year. Mr. DeVine noted the carnival operators are booked for next year already and stated if 4 the committee began working now, they would have the option to move the Celebration to another weekend allowing booking of a carnival. Council Member Sweeney stated he would not be in favor of moving the City Celebration to the 4th of July because many people are out of town. Mr. March noted if the Council was in favor of allowing the Celebration to change, it would allow the Committee to contact and book a carnival with greater flexibility. Mr. DeVine noted he would appreciate this flexibility for the Celebration to keep the community involved. Council Member Nelson stated she would be in favor of this flexibility in changing the date and indicated the last weekend in June would be fine. Council Member Travis concurred and stated the celebration was a success this year with the carnival. Mayor Wilharber stated he felt the Committee should be able to arrange the date as long as it does not conflict with neighboring cities. He indicated he felt the carnival was a "draw" and noted he would like to have the Celebration continue to grow. Mayor Wilharber thanked all the volunteers that contributed to the Celebration. He noted the Celebration was a "great success". V. CONSIDERATION OF MINUTES July 26. 2000. Council Meeting Minutes Motion by Council Member Nelson. seconded by Council Member Sweeney to approve the July 26. 2000. Council meeting minutes as amended on page seven. paragraph eight changing the City of Circle Pines to the City of Lexington and on page eight removing "Council Member Sweeney seconded the motion" within the first motion. All in favor. Motion carried unanimously. VI. PAYMENT OF CLAIMS The City ofCenterville Julv 27. 2000. through August 9. 2000 Motion by Council Member Nelson. seconded by Council Member Sweeney to ap{lrove the expenditures for the City from July 27.2000. through August 92000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the Centennial Fire District expenditures in the amount of $6.028.93. All in favor. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS ) Wayne LeBlanc Letter Mayor Wilharber reviewed a letter from Mr. LeBlanc as to the disappearance of the Grey Heron from the area. 5 Mayor Wilharber noted an additional letter was sent regarding the June 17-18, 2000 sewage spill in Hugo. He indicated he felt this should be reviewed by the City Engineer and brought back to the Council. Council Member Sweeney explained the Parks and Recreation Commission was disturbed about finding this information second-hand in a local newspaper and not from the City of Hugo. He indicated 10,000 gallons of raw sewage was drained into Peltier Lake that was not contained. Council Member Sweeney stated there was no notification and no clean-up on their behalf. Mayor Wilharber asked if the City of Centerville has an order of clean-up if this were to occur. Paul Palzer indicated he felt the majority of this spill was contained and cleaned up by the City of Hugo. Mr. March stated he contacted several people at Met Council and the Watershed District to gather information on this spill. He indicated the State Duty Officer must be contacted for all spills over five (5) gallons. Mr. March stated the State Duty Officer was aware of the spill and that nine (9) out of ten (10) were inspected. He noted the Met Council has been fined if clean-ups are not completed or if notification was not adequately made. ') I Mayor Wilharber indicated he was concerned for the situation and noted the City of Hugo should be responsible for contacting neighboring communities. Council Member Sweeney and Council Member Nelson concurred. Council Member Sweeney questioned if Met Council could be held accountable for contacting the neighboring communities involved with the implications of the spill. Mr. March stated he would be speaking with a State Duty Officer about this issue in further detail to see if contamination was made into the creek. He explained if contamination was found, the legislation would need to change the mandate of calls made to the neighboring communities. Council Member Nelson asked that a report be made to the Council at their next meeting. Eagle Pass Townhome Association Mayor Wilharber noted the street sweeping within the Eagle Pass Development was still a concern. He stated the Homeowner's Association was not happy with the construction debris in the area. Mr. March stated the storm grates have been cleaned and a hole has been patched in the street within the development. He stated the Developer is now interested in platting the outlots and he indicated the Developer has been notified of the concerns from the Homeowner's Association. He indicated this development has not filled out as soon as the developer thought. Council Member Sweeney noted the subdivision does not have silt fencing which creates part of the problem for the street cleaning. Mr. March concurred and noted all 6 new subdivisions were provided with silt fences. He suggested several options for quicker, cleaner drainage for future developments for the Council to discuss. Mr. March stated a curb cut option could also be discussed for the City of Centerville to allow for smoother lines from the street to the driveway. Mr. March asked ifthe Council would be in favor of considering this grinding option. Mr. Peterson noted the surmountable curb could be improved with the stand up curb with the mud run off. Council Member Travis stated he was in favor of this, but noted the grinder used for the driveways could be a problem not always providing a smooth cut. Council Member Broussard Vickers questioned whether a Developer could be stopped or not used for future developments if City specifications were not being met. Mr. March noted time lines are going to be set from now on and stated he could not stop them from developing. He indicated Developers would be held to City Code. Mr. March noted the City was responsible for cleaning the catch basins within developments and noted the Public Works Department would need to keep up with this in the future. ) Council Member Sweeney noted the Parkview Trail placement within the development and stated that it was placed without base as recommended by the City. Mr. Palzer stated the Parkview Trail was damaged by an unidentified vehicle, but it does have a six-inch base with two inches of asphalt. He noted this was acceptable to City Trail Standards. Council Member Sweeney indicated he would like to have a City Wide Specification made for all new trails. Council Member Nelson concurred and asked that the City Engineer draft language for setting these specifications. Mr. Palzer indicated the City does have specifications at this time and noted these specifications have been used for Hunter's Crossing. Mayor Wilharber asked that the City Engineer review this issue and report back to the Council at the next meeting. VIII. UNFINISHED BUSINESS Hunter's Crossing Ditch - Tabled July 26.2000 Mayor Wilharber asked for a review of this issue. Mr. Hoeft noted he had not heard from the Title Company, but noted Mr. March received a letter on August 8, 2000, regarding the quick claim deeds for Hunter's Crossing. He stated he would contact the Title Company and report back to the Council at their next meeting. \ I / Motion by Council Member Sweeney. seconded by Council Member Nelson to table the Hunter's Crossing Ditch discussion to the August 23. 2000 meeting. All in favor. Motion carried unanimously. 7 Salazar Potentially Dangerous Dog Council Member Sweeney stated he has grown up with dogs for his entire life and noted he felt the dogs' actions were the actions of a large puppy. He indicated he does not want to punish the owners of these dogs because they have made great efforts to improve the situation. Council Member Sweeney stated he felt the six-foot fence would be adequate and should deter the Council from declaring the dog or dogs as being potentially dangerous. Council Member Nelson noted she felt Dakota was potentially dangerous and stated he was not immunized for rabies until eight months old. She indicated the dog was not recorded with the City of Centerville and that the temporary fence they have was not constructed properly to contain the animals. Council Member Nelson felt some action needed to be taken by Council to make sure the owners are held accountable for the animals and the protection of neighboring residents. She stated an electrical fence may be a good option at the top and bottom of the wooden fence. Council Member Travis concurred with Council Member Nelson stating that the owners need to be held accountable and responsible for their animals behavior. He indicated he would hate to see the dogs get out and hurt or scare someone in the neighborhood. ) Council Member Broussard Vickers indicated she was concerned with the lack of responsibility of the owners getting the animals vaccinated late and not licensed with the City. She stated she was also concerned with the animals getting out twice. Council Member Broussard Vickers noted the dogs are located on a busy corner with many children who may not respect and understand the animals. She noted she had no problem with declaring the dogs potentially dangerous. Council Member Broussard Vickers noted she would like to see the owners be responsible for an enclosed kennel, muzzle the dogs while being walked. She indicated the six-foot fence would be at the option of the homeowners at this time. Council Member Broussard Vickers stated some of the actions of the animals could be puppy playfulness, however, the owners need to be held accountable. Mayor Wilharber indicated all dogs have an extremely unique personality. He stated the owners have not been actively seeking a fence until recently. Mayor Wilharber noted he was in favor of the proper enclosed kennel as described in the Ordinance but suggested the size be increased to allow for both animals to be placed within the kennel. Mayor Wilharber explained he felt the Council had to do something and do it now. He felt it was the responsibility of the Council to protect the neighboring properties and their residents. Council Member Nelson questioned if both dogs could be declared potentially dangerous or if only Dakota could be. Mr. Hoeft noted the dog owners did not understand what they were getting into with two German Shepherd house dogs. He 8 indicated the Police handled the matter with the utmost care and stated both dogs could be declared potentially dangerous dogs. Mr. Hoeft stated this determination could be made at this time or tabled to allow the property owners time to meet the Ordinance specifications. Mr. Hoeft indicated because there was a dog bite, there should be some concern on the Council's part. Council Member Broussard Vickers questioned if the animals were not declared potentially dangerous, if the City could enforce the Ordinance mandates. Mr. Hoeft indicated the City would not be able to enforce the mandates until they were declared potentially dangerous. Council Member Sweeney questioned if there was a timeframe as to when the animals could be declared potentially dangerous. Mr. Hoeft stated this determination should be done quickly to get the owner's in compliance and to keep control over the animals. Council Member Nelson indicated she felt the evidence shows both animals are potentially dangerous. Council Member Broussard Vickers concurred and stated she would like to see the animals muzzled when walked. She added that she felt the pet owners have not made changes to the kenneling situation since May 25,2000. ) Motion by Council Member Broussard Vickers. seconded bv Council Member Travis to declare both dogs (Nakita and Dakota) potentially dangerous dogs and that the owners comply with Ordinance 24.18 Subdivision 1 items A. B. and D with 32 square feet of kennel space per animal. Council Member Sweeney asked that the proclamation and solution be separated into to separate motions. He indicated he felt the Council does not know the entire situation behind the handling of the animals. Mayor Wilharber stated 73 days have passed since the first incident without any changes made to improve the kenneling situation. He added he felt the animals should each have 32 square feet of kennel per animal. Council Member Broussard Vickers concurred to the amendment and Council Member Travis accepted the friendly amendment. Council Member Nelson noted she felt the owners should be held to these mandates within 14 days after the date of notice is sent to the owner. Mr. Hoeft indicated this should be taken a step at a time and that the City would pass along the notice to the owners. He stated if compliance was not made, it would be forwarded come back to the Council for future discussion and action. All in favor. Motion carried 3-2. (Council Members Nelson and Sweeney opposed). \ J 9 IX. NEW BUSINESS Centennial Lakes Police Department Recommended Budget Mayor Wilharber asked Chief Heckman to address the Council on all changes to the budget. Chief Heckman indicated the revisions were made at the Police Commission level in response to the Council's suggestions at their last meeting. Council Member Sweeney asked if the grants declined by the Police Commission needed to be matched by the department. Chief Heckman stated the grants are supplied 100% for the first year the officer is retained and then declines gradually over several years. He indicated this would keep the officers on staff and maintained with the assistance of the Federal Government but did not have to be matched by the Police Commission. Chief Heckman explained there is grant funding available to assist in funding an additional officer until 2002. He stated the Police Commission felt it was not in their best interest, at this time, because this officer would need to be maintained after 2002. Chief Heckman indicated, at this time, this funding is uncertain after 2002 as to the projections. ) Council Member Sweeney questioned the Capital Improvement portion of the budget and asked if $15,000 would be sufficient. Chief Heckman stated the $15,000 would not be sufficient but would hopefully be approved. He indicated the originally amount was $50,000 but the lesser amount would be a start of the commitment in the right direction. Council Member Nelson questioned if the Centerville substation would be paid by the neighboring cities. Chief Heckman stated the City of Lexington paid for their substation in its entirety and stated this funding would be needed at one point in time either from the City of Centerville or through the budget. He indicated this was a guestimate for the improvements needed. Chief Heckman noted that after the substation was completed the Police Commission may need to consider rent expenses for the substation, as the City of Circle Pines charges the Police Commission rent. Council Member Nelson asked how the Police Department made money on the sale of vehicles and equipment. Chief Heckman stated that after leased vehicles are paid off they are sold to local cab companies or interested parties. Council Member Broussard Vickers asked if the Police Commission agreed upon the formula for expenses. Chief Heckman stated the formula was agreed upon but noted Circle Pines and Lexington may need to reach a future agreement to maintain future services for future budgets. ) Mr. March responded to the rent for the Police Department and indicated he would not recommend the Council charge this to a facility funded by the City. He encouraged the Police Commission to place funds aside to solve the funding formula and future budget situations. 10 Chief Heckman noted this has been taken into consideration but stated this is something taken on over time. He stated a future centralized police department would be needed as well. Chief Heckman indicated this may be put on the ballot to gain funding for a central department. Motion by Council Member Nelson. seconded by Council Member Sweeney to approve the Centennial Lakes Police Department Recommend Budget. All in favor. Motion carried unanimously. At this time Mayor Wilharber read a letter from the City of Centerville thanking the Police Department for their efforts at the Fete des Lacs Celebration. Mayor Wilharber noted the Celebration was a huge success. He indicated the City was proud ofthe new vehicles and that they participated in the parade. North Metro Telecommunications 2001 Budget Council Member Sweeney noted this was a technicality item to raise the 2001 budget for North Metro Telecommunications to keep the local cable channels through the local Cable Commission. He stated a competitive franchise is now being proposed for this area. Mr. March noted he has reviewed this budget and noted the increase would not be passed along to the City, but on to the cable subscribers. ) Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the North Metro Telecommunications 2001 Budget. All in favor. Motion carried unanimously. Motion by Council Member Nelson. seconded by Council Member Sweeney to approve the 2001 Media Center Budget and Increase in the PEG Fee to $2.30/month. All in favor. Motion carried unanimously. Hunter's Crossing Issuance of Bond a. Resolution Setting Sale Date Motion bv Council Member Sweeney. seconded by Council Member Nelson to approve Resolution 00-13 regarding the Sale of Bonds in the amount of $650.000 to be dated October 1. 2000. All in favor. Motion carried unanimously. b. Reimbursement Resolution Council Member Broussard Vickers asked for an overview of this item. George Eilertson, Juran and Moody stated a call date would be set for this bond issuance if the funding was met prior to the sale of the bonds. He noted this could save the City some funds and lessen the term of the debt. Motion by Council Member Sweeney. seconded by Council Member Nelson to approve Resolution 00-14 for a Reimbursement Resolution. All in favor. Motion carried unanimously. 11 c. Resolution Ordering Improvements Motion by Council Member Sweeney. seconded by Council Member Nelson to approve Resolution 00-15 regarding Ordering Improvements for Hunter's Crossing. All in favor. Motion carried unanimously. d. Financial Advisor Contract Motion by Council Member Nelson. seconded by Council Member Sweeney to approve the Financial Advisor Contract with Juran and Moody. All in favor. Motion carried unanimously. e. Cash Flow Analysis Mr. Eilertson noted this was an informational item for the Council to review and make comments on. Anoka County Bike Trail Screening Request Council Member Sweeney noted this was discussed by the Parks and Recreation Commission at their last meeting. He stated this request is actually being made by Lino Lakes residents. Council Member Sweeney indicated this stems from a bike trail that was connected to a Lino Lakes trail from LaMotte Park. "\ / Council Member Broussard Vickers questioned if the City of Centerville's trail connection was in the Comprehensive Plan for the City of Lino Lakes. Mr. March stated he was uncertain of this but stated he was unaware of the connection. Council Member Sweeney noted the City of Lino Lakes was asking the City of Centerville to pay 50% of the fencing and landscaping for the residents in Lino Lakes that abut this trail. He recommended that this item be denied as discussed and recommended by the Parks and Recreation Commission. Mr. March noted he has been involved with the discussions with Lino Lakes before this trail was completed. He indicated at no time did the City agree to fund 50% of this proposed screening and/or fencing. Mr. March stated the City of Lino Lakes should be responsible for funding the screening. Mayor Wilharber concurred with the City Administrator on this item and stated that the City of Lino Lakes should be responsible. Motion by Mayor Wilharber. seconded by Council Member Sweeney to draft a letter to John V ondelinde stating the City of Centerville declines paying 50% of the request for screening and/or fencing. All in favor. Motion carried unanimously. 12 Vehicle Replacement Public W orks/Eagle Trucking Shop Area Cleanup Mr. Palzer reviewed the quotes for replacement of the 1997 Ford Truck with a 2001 model and the 1993 black Ranger with a 1996-1997 model. He suggested the Council work with Northland Associates as they have been positive in the past. Mr. Palzer questioned ifthe Council would be in favor of a color scheme for the City. Mayor Wilharber stated he would be in favor of blue trucks for future purchases. The Council concurred. Mr. Palzer asked if the Council would approve the pressure cleaning of the new Public Works building. He noted Safety-Kleen could perform this work for around $3,000. Mayor Wilharber asked if funding was available for the cleaning. Mr. Palzer indicated the funding availability. Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the truck replacement and public work building cleaning. All in favor. Motion carried unanimously. Consideration of Amending St. Genevieve's Temporary Gambling License to include a paddlewheel activity ') / Motion by Council Member Sweeney. seconded by Council Member Nelson to approve amending St. Genevieve's Temporary Gambling License to include a paddlewheel activity. All in favor. Motion carried unanimously. Storm Sewer Realignment Mr. March noted the realignment of the storm sewer calls for review from the City Engineer and approval from the Council. Motion by Council Member Nelson, seconded by Council Member Broussard Vickers to approve this realignment per the City Engineer's approval of the plan. Motion withdrawn. Council Member Travis noted he would like to see more information on this item before it was approved. Mr. Peterson stated he would review this item and report back to the Council. Motion by Council Member Sweeney. seconded by Council Member Nelson to table this item for discussion at the next meeting. All in favor. Motion carried unanimously. Eagle Truck Closing Mr. March noted Mr. Hubers stated the shop area would be available on August 15, 2000, but that the entire site would not be available for an additional three weeks. He indicated Mr. Hubers is willing to pay the second half of the property taxes for this site and would be leaving a storage unit on site for the City to use. 13 Motion by Council Member Nelson. seconded by Council Member Sweeney to approve the Eagle Truck Closing request from Mr. Hubers. All in favor. Motion carried unanimously. Saddle Stillwater Dead Broke Club Gambling License Request Mr. March suggested using the gambling funds for a monument sign within the City. He noted the funds could be placed into an account for future investment as well. Motion by Council Member Sweeney. seconded by Council Member Travis to approve the Saddle Stillwater Dead Broke Club Gambling License Request. All in favor. Motion carried unanimously. Motion by Council Member Sweeney. seconded by Council Member Nelson to approve a monument sign for City of Centerville and proceeds from gambling funds provided by Saddle Stillwater Dead Broke Club be used to finance this item. All in favor. Motion carried unanimously. Appoint New Members for the Park and Recreation Commission Motion by Council Member Sweeney. seconded by Council Member Nelson to accept the recommendation of the Parks and Recreation Commission and appoint members Ted Peterson and Brian Walter. All in favor. Motion carried unanimously. ) Weed Control Mayor Wilharber stated a letter would be sent to all those in violation of the weed control ordinance. Motion by Council Member Sweeney. seconded by Council Member Nelson to advise staff to send letters to those in violation of the weed control ordinance. All in favor. Motion carried. (Council Member Travis abstained) x. CONSENT AGENDA Appointment of Election Judges Motion by Council Member Sweeney. seconded by Council Member Travis to approve the appointment of Election Judges as presented. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS i ,/ . Mayor Wilharber stated there would be a Police Commission meeting on August 10, 2000, at 7:00 p.m. where they will swear in a new Corporal and recognize Nick Miller as a full-time officer rather than Community Service Officer. He asked that the Council look back at the goals for year 2000 at the next meeting. 14 . Council Member Sweeney stated the Parks and Recreation Commission members took a road trip to St. Cloud to observe their BMX track. He indicated the Council would be seeing a recommendation in the near future. . Council Member Broussard Vickers noted the Planning Commission discussed Ordinance #4 and came to the consensus of thirty-five (35) feet and two recreational vehicles per residential lot. She indicated there were no additional significant changes to the Ordinance at that time and should be back to the Council for action at their next meeting. XII. ADMINISTRATOR'S REPORT Mr. March indicated he would have a 2001 proposed budget at the next meeting and would like to have two workshop meetings at the end of August to review the budget in further detail. He noted long-range, capital items would need to be discussed as well. Mr. March noted the livable communities grants met last week and noted the City of Centerville's grant was moved forward for planning grants. He indicated this would give the City a positive placement for funding in the year 2001. ) Mr. March indicated the Trio Inn had an alleged liquor sale to a minor. Mr. Hoeft concurred that there was a case against an employee of the Trio Inn. He explained the Police Department handled this case properly but that the individual was found not guilty. He noted the judge stated the jury did not want to make a difficult decision. Mr. Hoeft stated the Council could make a civil case against the Trio Inn at this time if they felt it was necessary. He noted the BCA could be brought into this to have a sample tested to receive a determination that would be backed in a court of law. Mr. Hoeft indicated the employee at the Trio Inn would now be carding individuals after the scrutiny this employee endured. Mr. Hoeft noted all future violations would be handled and tested by the BCA to ensure foolproof cases. Mr. March noted the owner of the Trio Inn stated they are not in the market of selling to minors. He indicated the Council could pursue this issue further and asked for comments from the Council. Council Member Sweeney indicated he would not like to pursue this issue further. Council Member Travis concurred. Council Member Nelson stated she felt the youth are the responsibility of the community. She asked that a letter be drafted to the Trio Inn that this Council has no tolerance for this issue. ) Mayor Wilharber noted he felt the bar owners were very concerned about not serving to minors. He indicated the owner did come in to talk with the City Administrator and the Chief of Police. Mayor Wilharber indicated this case has grabbed their attention and noted there is no question of the law at this time. 15 Motion by Mayor Wilharber. seconded by Council Member Travis to drop the issue with Trio Inn at this time and not pursue a civil case. All in favor. Motion carried. (Council Member Nelson opposed). Storm Water Ponds - Brian Way Mr. March noted there is some concern for the storm water ponds within the City. He indicated a fund has been set up for future maintenance of these ponds. Mr. March encouraged the Council to establish a timeline and proposal for the maintenance of each pond and ditch within the City. Council Member Sweeney felt this was much needed within the City. The Council concurred. Mr. Peterson stated he would devise a maintenance schedule for the City to prioritize the ponds and fees predicted. Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers. to direct staff to develop a pond study with a maintenance schedule and fees for the City of Centerville. All in favor. Motion carried unanimously. XIII. ADJOURNMENT ) Motion by Council Member Sweeney. seconded by Council Member Travis to adjourn the August 9. 2000. Council Meeting at 9:50 p.m. All in favor. Motion carried unanimously. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. 16 r1l'lU u,,~u CITY OF CENTERVILLE CITY COUNCIL MEETING July 26, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on July 26,2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Mari Nelson ABSENT: None STAFF: City Administrator, Jim March City Attorney, James Hoeft I. CALL TO ORDER Mayor Wilharber called the July 26, 2000, City Council meeting to order at 6:05 p.m. II. PUBLIC HEARING (S) III. APPEARANCES/A WARDS Rob Sheppard - DSC Properties Mr. March noted Mr. Sheppard was present to review the sign placement for DSC Properties. He indicated the Planning and Zoning Commission asked if the sign would be illuminated. Mr. Sheppard noted the sign would be illuminated from the top during the evening hours. Council Member Nelson asked if the sign would be painted. Mr. Sheppard explained the signs would be sandblasted and hand painted. He noted they would be easy to change with new tenants. IV. CONSIDERATION OF MINUTES July 12. 2000. Council Meeting Minutes Motion by Council Member Sweeney, seconded by Council Member Nelson to approve the July 12, 2000, Council meeting minutes as submitted. All in favor. Motion carried unanimously. Page 1 of 10 V. PAYMENT OF CLAIMS The City of Centerville July 13 through July 26. 2000 Motion bv Council Member Sweeney, seconded by Council Member Vickers to approve the expenditures for the City from July 13, 2000, throu2h July 26, 2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Sweeney, seconded by Council Member Nelson to approve the Centennial Fire District expenditures. All in favor. Motion carried unanimously. Interconnect Final Payment Motion bv Council Member Sweeney, seconded bv Council Member Vickers to approve the Interconnect Final Payment in the amount of $2,160.09. All in favor. Motion carried unanimously. VI. SET AGENDA The following items were added to the agenda: ) . Rob Sheppard, DCS Properties Sign Approval under Appearances/Awards . Hunter's Crossing Plat Discussion under Unfinished Business . Bid Award for Hunter's Crossing under Unfinished Business . Sign Approval for Rob Sheppard under New Business . Approval of closing Meadow Circle on August 1, 2000, for a Neighborhood Party under New Business Motion by Council Member Travis, seconded by Council Member Nelson to approve the a2enda with the noted additions. All in favor. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS - None. VIII. UNFINISHED BUSINESS Hunter's Crossing Plat Discussion Mr. Hoeft noted he received correspondence from Registered Abstracters who have been working with Mr. Carlson on Hunter's Crossing. He indicated the legal description was called or described off a centerline of a ditch on the northern portion of the plat. Mr. Hoeft stated that if the ditch shifts, raises or lowers in depth, the plat would then change in width. He indicated the City owns the property adjacent to the ditch. Mr. Hoeft explained that Council needed to approve a legal description by Page 2 of 10 deeding over half of the land within the ditch to Hunter's Crossing. If agreeable to all council members, this needs approval along with a decision on who owns the ditch. Mayor Wilharber noted the ditch was originally dug by local farmers but has now been maintained by the City. Council Member Sweeney asked if the pond within the development was bermed on the north side of the plat to avoid overflow into the ditch. Mr. March stated there was a berm on the north side to avoid overflow. Council Member Sweeney asked if an easement could be obtained from Hunter's Crossing near the ditch. Mr. Hoeft noted this would need to be investigated for future discussion. He suggested this item be tabled for discussion at the August 9, 2000 meeting. Mr. Hoeft indicated this ditch is being relied upon for water runoff and needs to stay, which means it requires Council action. Motion by Council Member Vickers, seconded by Council Member Sweeney to table this item for future discussion at the AU2ust 9, 2000. All in favor. Motion carried unanimously. Award Bid for Hunter's Crossing \ ) Mayor Wilharber reviewed the four (4) bids submitted and noted the low bidder was Northdale Construction Company in the amount of $502,779.56. He compared this to the City Engineer's estimate of$550,000. Mayor Wilharber asked how the fees with County Bank were discussed. Mr. March noted discussions were held with County Bank and that utilities could be brought to this site for future development. He indicated it would be less expensive to bring these services to the site at this time. Mr. Palzer explained the thought was to loop the site at the County Bank with a six (6) inch line. Mayor Wilharber asked what would be charged back to the County Bank. Mr. Hoeft noted this was for future service and would not be adding any value to the County Bank and therefore could not be invoiced at this time. He indicated this would be merely for future development. Mayor Wilharber stated he saw the benefit of placing the lines at this time but asked if it could be assessed to future developers. Mr. Hoeft stated this could not be assessed at a future date to a new developer and that the City would acquire this expense. Council Member Sweeney stated he was not interested in placing this line if the City would need to fund the additional line on the eastside of County Bank. Mr. Hoeft noted the Council would only need to approve the base bid at this time and would not need to approve the County Bank utility lines. Mr. March noted the assessments still have not been set at this time with bid approval and that it Page 3 of 10 would be addressed at a future meeting. Mr. Hoeft indicated Mr. Carlson is aware ofthe neighboring properties concerns for the high assessment prices. Motion by Council Member Sweeney. seconded by Council Member Vickers to approve Resolution 00-12 Awarding a Bid for Hunter's Crossing to Northland Construction Company in the amount of $502.779.56. All in favor. Motion carried unanimously. IX. NEW BUSINESS City Finance Advisor Review Mr. March explained this item was discussed at the previous meeting. He indicated the financial advisor consultant for the City is being reviewed to assist the Council in choosing a firm. Mr. March noted that representatives are present from both Ehlers & Associates and Juran & Moody. George Eilertson, Juran & Moody, thanked the Council for their time and noted his firm would be able to provide the City of Centerville with a high level of quality financial services. ) Mr. Eilertson provided the Council with a presentation of his firm. He addressed the advantages of working with Juran & Moody as being the financial advising services, underwriting, investment management, debt management studies, private placements with local banks, TIF financing and reporting within his full- service firm. Paul Donna reviewed the financing options and market perspective from Juran & Moody with the Council. He explained bond features such as pre-payment, public and negotiated bond sales (which is an exclusive service offered by Juran & Moody) along with the life of bonds for the City ofCenterville. Mr. Eilertson indicated the upcoming project in the City of Centerville would begin in two to three weeks in the amount of $625,000. He reviewed a recommended time line with the Council for the upcoming general obligation bonds of2000. Mayor Wilharber asked how TIF projects on the books would be forwarded to Juran & Moody. Mr. Donna stated his company would review all TIF projects and keep abreast of the files for future issues and to make promising recommendations. He recommended Centerville look into three-year temporary bonds for positive developments in the growing community. Mr. Donna stated this would reduce the amount of long-term debt and reduce a portion of the cash flow concerns. Council Member Nelson asked for fees for services from Juran & Moody. Mr. Eilertson stated there is a fee schedule based on the size of the bond sale. He indicated Juran & Moody would view past fee schedules when setting these rates and feels they would be lower than past bond issues. Page 4 of 10 Council Member Nelson questioned the response time of messages to the City. Mr. Eilertson noted his firm has a great support staff to meet the needs of their clients. Carolyn Drude, Ehlers & Associates, introduced herself and the company she represents. She noted her company has been in operation for the past 45 years assisting in the sale of bonds, TIF financing and economic developments to municipalities. Ms. Drude explained the diversity of services provided by EWers & Associates and how this benefited the City of Centerville. Ms. Drude reviewed the numerous issues Ehlers has been involved with for the City over the past years; runoff, improved utilities, the City hall, senior housing, refinancing, etc. Ms. Drude noted Ehlers is an independent financial advisor and will remain independent of any underwriting or investment banking interest in any financial services provided. She stated this meant her firm is looking out for the best interests of the City and that compensation is based completely on the fees received from the City. Ms. Drude reviewed a bond bid with the Council for the upcoming project for the City. She noted the estimated bond would be $620,000 with an addition of 5% to cover for delinquencies. Ms. Drude stated competitive bidding for the bonds assures the best rate to the City. ) Mayor Wilharber thanked Ms. Drude for her information and noted the Council would be getting back to her firm in August as to the City's decision. Council Member Sweeney stated there was a $1,200 difference in the fee charged for the upcoming bond issuance between Ehlers and Juran & Moody. He noted the increase in fees may be worth the increase in services and savings over time. Council Member Sweeney noted the importance of customer service needs to be considered for the City. Council Member Vickers concurred stating she did not feel this was an apple to apple comparison. She felt Juran & Moody offered additional services that may be returned to the City in the future. Council Member Vickers asked for comments from Mr. March on how he sees the City's financial future. Mr. March noted he was indifferent before coming to this meeting and noted he wanted to hear both presentations before drawing any conclusions. He indicated Ehlers has been none responsive and has made several minimal threats in the recent future but has done a complete 1800 turn around after hearing the City was soliciting information on financial advisor services. Mr. March indicated he personally feels Juran & Moody could offer long term services for the City that would be extremely beneficial, that are not provided by Ehlers. He felt it was in the City's best interest to have more than one financial advisor to keep the system honest. Mr. March stated he has found Juran & Moody to be extremely responsive to his phone calls and requests thus far. Page 5 of 10 Mayor Wilharber stated this may grab the attention of EWers and to the poor service they have provided. Council Member Vickers agreed and asked if EWers has cost the City any money at this time due to non-responsiveness. Mr. March stated the whole Northern Forest Products issue has dragged on for months and is costing the City money. He added that a report had been requested last week from EWers, which has not been before the City to date. Mr. March noted concern for not having a contact at EWers for the City to focus issues on, and stated many times he feels he is being passed around the company before offered suggestions. Council Member Sweeney indicated he believes service is key and does not want to be ignored or treated as a non-priority. He stated he would be in favor of changing financial advising firms for the upcoming bond issuance. Council Member Sweeney added that this would let all consultants working for the City of Centerville know that the City will not put up with slacking customer service. Council Member Nelson stated she would be interested in changing to Juran & Moody to gain the additional financial and customer services. ) Mayor Wilharber asked when the report was requested from EWers & Associates, and by whom. Mr. March stated he would need to refer to the minutes to see when this was requested but stated this was going to be handled by the TIF department and not by Ms. Drude. He indicated he would be nervous in changing the TIP financing at this time due to the relationship that has been established with EWers. Council Member Vickers suggested changing the bonding portion of the financing and that a meeting be set up with Juran & Moody for additional TIP information. Mr. March stated Juran & Moody has solicited the services of the City for the past four years. Mayor Wilharber commented on the fees charged by EWers versus Juran & Moody. Mr. March stated the current fee proposed by EWers was lower than the past two bond issuances. He indicated this may not be a clear reflection of the true fees that will be charged in the future. Council Member Vickers stated she feels it would be in the best interest of the City to try Juran & Moody for the upcoming bond issuance. Council Member Nelson concurred. Mayor Wilharber asked if the upcoming bond issuance could be consulted to Juran & Moody. Mr. March stated the City was not obligated to use EWers for each issuance and that a proposal could be gained from Juran & Moody. 'I ,j Page 6 of 10 Motion by Council Member Vickers. seconded by Council Member Sweeney to consult with Juran & Moody as the financial advisor for the Hunter's Crossing bond issuance. All in favor. Motion carried unanimously. Centennial Lakes Police Department Budget Mayor Wilharber noted the Centennial Lakes Police Department presented a draft budget for Council consideration. He stated this was an informational item for discussion and comments. Mayor Wilharber reviewed discussion from the Tri-City Police Department Committee. He explained there is currently sixteen (16) officers on the force at this time and the proposed budget is cutting one officer for 2001. Mayor Wilharber asked that the Council Members consider keeping this officer and finding a way to budget Centerville's portion ofthis salary. Mayor Wilharber indicated that as the population continues to increase, more officers would be needed, not less. He asked that the Council not agree with this budget as proposed until an additional officer is budgeted for 2001. ) Council Member Sweeney asked if capital improvement funds were going to be set for 2001. Chief Heckman stated the budget has been revised and brought to the bare minimum as to not penalize the City of Circle Pines. He indicated an additional budget could be prepared if the cities are not in approval of the budget as submitted. Mayor Wilharber stated there were numerous issues over the past year that were not budgeted. He noted several items as being Y2K readiness, a totaled vehicle and new badges/painting for vehicles with the name change. Council Member Sweeney indicated he would be in favor of additional funds to the police department for contingency issues that may arise over 2001. Council Member Vickers asked if the City of Lexinton could not afford their portion of the contract. Chief Heckman indicated their portion of the contract would increase too greatly over the next two years for them to manage the servIces. Council Member Nelson stated approval of this budget would greatly depend on the other cities, but indicated funding should be put aside for capital expenditures. Council Member Vickers questioned whether it would be allowable for a city to request additional services and pay for them individually. Chief Heckman stated if the City of Centerville were to pay the entire salary for an additional Community Service Officer, he would have no objections but that this may go beyond the Tri-City agreement. Mayor Wilharber noted if the department were to lose an officer, the three cities may need to pay back the federal government through the COPS Program. Chief Heckman stated this was a fact at this time and this amount could be up to $75,000. Page 7 of 10 Mr. March asked for the pending process of approval for the 2001 budget. Chief Heckman stated the police department is now looking for comments and suggestions from the cities at this time. Subsequently, a commission meeting would be held for movement on the budget. Council Member Nelson questioned the uniforms budgeted for 2001. Chief Heckman stated this was only for the items needing replacement over the year for such things as uniforms and shoes. He indicated they vary each year depending on the number of officers on the force. Council Member Nelson asked how the estimated lease on the budget for 2000 and 2001 differed. Chief Heckman indicated the police department leases all vehicles and pays them off after three years for $1.00. He stated that because one vehicle was totaled it made for a change in the cycle of payments. Council Member Nelson asked if repeat alarms were going to be charged to residents. Chief Heckman stated that after three repeat alarms residents would be charged, which deters repeat offenders. Motion by Mayor Wilharber, seconded by Council Member Sweeney to recommend denial of the police bud2et for 2001 and to revise the bud2et to add an officer and a capital expenditure fund to meet the needs of the community. All in favor. Motion carried unanimously. ) Goetz Landscape Well Request Mayor Wilharber reviewed a letter from Mr. Goetz requesting a well for the use of plant growing, and that City water would still be used for normal use. He indicated the City Engineer had no concerns with this request. Council Member Travis asked if the Department of Health would have a concern with this issue. Mr. March noted this was the case but, that upon request, the City would not have an issue with this well. Motion by Council Member Nelson, seconded by Council Member Sweeney to approve the well request from Mr. Goetz pendin2 an approval from the Department of Health. All in favor. Motion carried unanimously. Sign Approval for Rob Sheppard Mr. March noted this item was before the Council due to the fact there was multiple tenants in this building. ) Motion by Council Member Nelson, seconded by Council Member Sweeney to approve the si2na2e as proposed by DCS Properties for Rob Sheppard. All in favor. Motion carried unanimously. Page 8 of 10 Neighborhood Block Party Request to Close Meadow Circle Motion by Council Member Vickers. seconded by Council Member Sweeney to approve the request to close Meadow Circle for a neighborhood party on August 1. 2000. from 4:30 p.m. to 9:00 p.m. All in favor. Motion carried unanimously. X. CONSENT AGENDA - None. XI. COMMITTEE REPORTS . Council Member Sweeney reviewed the comments made on Ordinance #4 at the previous meeting. He felt this was a positive meeting and that numerous comments and opinions were given. Council Member Sweeney stated the Planning and Zoning Commission discussed increasing the length of recreational vehicles to thirty-five (35) feet, but limiting the number of vehicles to two (2). Mayor Wilharber stated he does not want to see the recreational vehicle issue get out of control and would like to maintain the neat and clean look of neighborhoods. ) Council Member Travis felt that thirty-five (35) feet was excessive and felt it was a compromise. He did not want to see vehicles placed in driveway right-of-ways. Council Member Vikers suggested all concerns regarding Ordinance #4 be brought up before the Planning and Zoning Commission at their next meeting in order to present to Council for their approval in August. She indicated she felt this document was the best compromise for the residents of Centerville after discussing the issues with numerous citizens. Mr. March noted Ordinance #4 would be brought before the Council at the second meeting in August for an additional public hearing and approval. . Mayor Wilharber indicated the telephone listing for the City needs updating for emergency situations. xu. ADMINISTRATOR'S REPORT Mr. March indicated the carnival was in town and encouraged all residents to attend the Fete des Lacs Celebration this weekend. He noted buttons would be for sale at City Hall for $5.00 or $8.00 at the fair. Mayor Wilharber thanked all the volunteers for their help with the festival this year. Page 9 of 10 XIII. ADJOURNMENT Motion bv Council Member Sweeney. seconded bv Council Member Travis to adiourn the July 26. 2000 Council Meeting at 9:10 p.m. All in favor. Motion carried unanimously. Transcribed by: IIeidiCJuenther,Ftecordll1g Secretary TimeSaver Off Site Secretarial, Inc. ) 'I / Page 10 oflO CITY OF CENTERVILLE CITY COUNCIL MEETING July 12, 2000 6:00 p.m. I ftppruveu I Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on July 12, 2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Sweeney (arrived at 6:22 p.m.) Council Member Linda Broussard Vickers Council Member Mari Nelson ABSENT: None STAFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Tom Peterson I. CALL TO ORDER Mayor Wilharber called the July 12,2000 City Council meeting to order at 6:00 p.m. ') II. PUBLIC HEARING (S) III. APPEARANCES/AWARDS IV. CONSIDERATION OF MINUTES June 28. 2000 Council Meeting Minutes Motion bv Council Member Nelson, seconded by Council Member Vickers to approve the June 28, 2000 Council meetin2 minutes with one chan2e on pa2e 3 para2raph one under 1999 Annual Police Report to make a chan2e in the last sentence, modifvin2 the word si2ht to "site." All in favor. Motion carried unanimously. Council Member Sweeney arrived late and stated that he requested additional modifications to the minutes. Motion by Council Member Nelson, seconded by Council Member Vickers to reconsider the June 28, 2000 Council meetin2 minutes. All in favor. Motion carried unanimously. ) Motion by Council Member Nelson, seconded by Council Member Vickers to approve the June 28, 2000 Council meetin2 minutes as revised by Council Member Sweeney chan2in2 all references of 35W to 35E, and on pa2e 6, last 1 paragraph. the name should read Patti "Hess". All in favor. Motion carried unanimously. V. PAYMENT OF CLAIMS The City ofCenterville June 29 through July 12,2000 Motion by Council Member Nelson. seconded by Council Member Vickers to approve the expenditures for the City from June 29. 2000 through July 12. 2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Nelson. seconded by Council Member Travis to approve the Centennial Fire District expenditures. All in favor. Motion carried unanimously. VI. SET AGENDA The following items were added to the agenda: . Mound Trail under New Business ) j Motion by Council Member Travis. seconded by Council Member Vickers to approve the agenda with the noted addition. All in favor. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Dean and Debbie Stahl- Ordinance #4 Mayor Wilharber noted a letter from Dean and Debbie Stahl, residents, and stated their concern would be addressed at the Work Session on July 19,2000. VIII. UNFINISHED BUSINESS Hunter's Crossing - Final Plat and Developer's Agreement Approval Mr. March stated the City Attorney recommends approval of the final plat and Met Council recommends approval of the addition. He noted the appropriate name of the developer and other revisions made to the Final Plat and Developer's Agreement. Mr. March indicated the developer has approved of the changes. Council Member Nelson indicated concern for furthering this project without the assessment issues being settled. Mr. March noted this item has been stressed within the Developer's Agreement and that an actual cost would be known after bids were received to draw closure on the assessment issues. 2 Mr. Hoeft added there is some risk when approving a development if residents are contesting their assessments. He encouraged the City to keep the numbers reasonable. Mr. Hoeft stated the numbers in the final assessment role need to be acceptable to all residents affected by the development. Council Member Travis asked if the future zoning preference for this site was R-5 or Planned Unit Development (PUD). Mr. March noted the Comprehensive Plan does not set future zoning preferences but rather leaves it flexible for the Council to make a preference to the density desired. He indicated an addition could be added to the covenants to state this development should meet the requirements for R-5, which sets the main floor square footage at 1,200 square feet. Council Member Vickers asked if the covenants would set the range of the house prices. Mr. Carlson stated he has set a range of $200,000 or greater within the covenant provided to the City. He indicated his sign states the range could go up to $250,000. Council Member Travis asked that the developer be held to either $200,000 or 1,200 square feet on the main level to meet the R-5 zoning requirements. Mr. Carlson requested special consideration to be given for two story homes that have less than 1,200 square feet on the main level, but are valued over $200,000. Council Member Vickers stated she would be comfortable with the price limit if the square footage cannot be met to keep the value of the homes up. She noted this could be addressed within Ordinance #4 for future developments as well. Motion by Council Member Vickers. seconded by Council Member Nelson to approve Hunter's Crossing Final Plat. and that the covenants contain a minimum valuation of the homes to be no less than $200.000. All in favor. Motion carried unanimously. Motion by Council Member Sweeney. seconded by Council Member Nelson to approve Hunter's Crossing Developer's Agreement as revised by Staff. All in favor. Motion carried unanimously. Michael Zwicki - Driveway Access Mr. March reported this was discussed at the last meeting to assist the resident in gaining access to the roadway from his driveway. He noted a machine has been donated by Tri State Bobcat, to grind down the roadway which would then be repatched for access. Mayor Wilharber asked if a precedence would be set with this issue due to the fact the City is funding the patching and that Public Works time would be used for the grinding equipment. Mr. March noted a Public Works employee would be donating his time to work the equipment and that the asphalt would cost roughly $25-$50. 3 Council Member Sweeney noted the resident was asked to look into funding from the MS Society for grants and equipment. He stated the City is assuming the responsibility for accessibility when it should be the responsibility of the resident. Council Member Vickers asked that the time and materials be tracked so an invoice could be forwarded to the resident for payment. Council Member Sweeney concurred. Council Member Nelson stated she was in favor of the project and felt it was the City's obligation to make the City handicap accessible. Mr. Hoeft noted the City has no legal obligation to complete this accessibility due to the fact the city street is to code and that the driveway grade is difficult at this site. Motion by Council Member Vickers. seconded by Council Member Travis to approve the use of the grinding equipment. for public works to grind down the street. an asphalt section be patched and that the time and materials be invoiced to the resident. All in favor. Motion carried. (Sweeney and Nelson opposed). IX. NEW BUSINESS City Finance Advisor Review ) Mr. March explained the financial advising company that contracts with the City is not as responsive to the City of Centerville as they used to be. He indicated there has been several recent issues with a lack of returned phone calls for bond work. Mr. March asked if the Council would like to take applications for additional bond companies before the Hunter's Crossing Development was issued. Mayor Wilharber asked if Ehlers has been addressed with the concerns and future position of the City. Mr. March stated he thought he would address the Council before this issue moved forward. He noted he would have no problem addressing them with his concerns as they would be justified. Mr. March added that an additional financial advisor would help to keep the financing honest for the City. Council Member Nelson stated she would like to see the City have another firm if full service is not being received from Ehlers by Staff. Council Member Sweeney concurred. Mayor Wilharber asked if the City of Circle Pines had been addressed as they use Juran and Moody. Mr. March stated he has not addressed them to date because he was uncertain of the Council's wishes. Motion by Council Member Sweeney. seconded bv Council Member Nelson to advise Staff to gain pricing from Juran and Moody as a financial advisor for the City of Centerville. All in favor. Motion carried unanimously. ) Mound Trail Discussion 4 Mr. Peterson noted he was contacted by Frattalone Excavating regarding the 560 feet of redevelopment to Mound Trail. He noted they need access for vehicles over 5-ton to haul materials in and out of the site. Mr. Peterson recommended this work be done at a dry time of the year, such as August, or after the ground is frozen. Mr. Peterson indicated the City is paying half of the redevelopment fee and that Buechler is paying the other half. He stated a $30,000 bond would cover an overlay of the roadway if the road were to deteriorate. Mr. Peterson noted this would greatly depend on the ground under the roadway. Mr. March stated an overlay was completed several years ago, which added 1 'li inches of asphalt to the grade. Mr. Peterson indicated this overlay could increase the rating ofthis road to 7 -ton. Council Member Vickers asked if a time frame should be set for this redevelopment. Mr. Peterson stated he would have the authority to stop this project if the weather was not cooperating. Motion by Council Member Sweeney. seconded by Council Member Travis to approve the Mound Trail Redevelopment. that the develo{ler and paver workout the payment of a $30.000 bond: and that the timing of the redevelollment be approved by the City Engineer. All in favor. Motion carried unanimously. ) x. CONSENT AGENDA Ken Cook Performance Review, Based on Satisfactory Review - One Step Increase to Grade 5, Step 5 Motion by Council Member Nelson. seconded by Council Member Vickers to approve the performance review and pay increase for Ken Cook to Grade 5. Step 5. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS . Council Member Sweeney noted the Parks and Recreation Committee are reviewing trail specifications done by developers and by the City to set a standard for the level and grade of each trail. Mr. March stated, in the future, all trails will have to meet City trail standards. Council Member Sweeney noted the new Chair of the Parks and Recreation Committee is Doug Porter. ) . Council Member Sweeney noted Karla DeVine has contacted the City of St. Cloud with regard to their BMX track. He indicated St. Cloud has a "top of the line" track and that riders pay a fee to a BMX Club to alleviate all liability from the City. Mayor Wilharber noted the City Clerk visited the skate park in Shoreview to gain ideas in this area as well. 5 . Mayor Wilharber noted the Anoka County Park and Recreation Committee invited the City of Centerville to an Open House on Saturday, July 22, 2000 for the Rice Creek Park. . Mayor Wilharber stated the Fete des Lacs buttons are now on sale for $5 each. XII. ADMINISTRATOR'S REPORT Mr. March indicated the fences would be put up this Saturday in LaMotte Park at 9:00 a.m. Mr. March reminded the Council that there would be a Work Session meeting next Wednesday to discuss Ordinance #4. Mr. March explained the Met Council has a study for communities with 20 to 100 acre parcels that need development. He stated this was a free study provided by Met Council and that the City of Centerville would be applying for the study. XIII. ADJOURNMENT Motion by Council Member Sweeney. seconded by Council Member Nelson to adjourn the July 12. 2000 Council Meeting at 7:14 p.m. All in favor. Motion carried unanimously. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. ) 6 ftppruveu CITY OF CENTERVILLE CITY COUNCIL MEETING June 28, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on June 28, 2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Mari Nelson Council Member Linda Broussard Vickers (arrived at 6: 1 0 p.m.) Council Member Terry Sweeney (arrived at 6:31 p.m.) ABSENT: None STAFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Tom Peterson I. CALL TO ORDER Mayor Wilharber called the June 28, 2000 City Council meeting to order at 6:03 p.rn. II. PUBLIC HEARING (S) Ordinance #4 Mr. March reviewed Ordinance #4 with the Council and public for their discussion. He explained the revisions made to this Ordinance as it relates to outside storage and driveway widths. Lois Whittet, 7162 Brian Way, noted she watches most meetings on cable due to the fact she gets home from work late. She indicated the publication of the Ordinance in the past was a bit misleading due to the fact it stated it would limit the number and size of recreational vehicles on each property. Ms. Whittet indicated the Ordinance needs cross referencing to get all areas ofthe Ordinance in line. She indicated she was in conformance with the first ordinance Staff referred her to, but is now in non-compliance ofthe new ordinance. She stated she is really discouraged about trying to obey the Ordinance when City staff was unable to instruct her on the areas she was not in compliance. Ms. Whittet noted she came to the City to place a pool in her backyard but she is looking to place it five (5) feet from the property line, which is not allowed. She indicated Staff told her she could either, downsize the pool, remove a portion of her deck or move. Ms. Whittet added that she had purchased the pool and has 1 now removed a portion of her deck to fit the pool in her backyard. She stated that her dealings with City staffwere not favorable and informed the Council she was not happy with the draft Ordinance #4. Mayor Wilharber encouraged Ms. Whittet to address the Council Members on these issues as well as Staff to gain additional information and to not feel shot down from the City. He noted he is always willing to talk with residents on Zoning Code issues and to discuss items in detail. Greg Sievert, 7254 Mill Road, noted he had concern with the limitation on size of accessory structures. He noted the City is now limiting what can be done on private property but some lots within the City are not in compliance. Mr. Sievert explained he would like to put up an accessory structure to house his recreational vehicles to eliminate the eyesores of outside storage, but he would exceed the 2% mandate. Mr. Sievert indicated he has lived in the City for eleven (11) years and would like to maintain his residence. He noted it was only fair for the public to ask for accessory structures and not be told within the Ordinance what they can and can not do with their property. Mr. Sievert noted numerous residents would not even try to test the limits of the City and may stop trying to improve their property. He encouraged the City to keep the Ordinance friendly to encourage residents to approach the City. Council Member Broussard Vickers asked for an alternative to the 2% minimum. Mr. Sievert stated he is more in favor ofthe current Ordinance than the past but would like to see the percentage raised. Council Member Nelson concurred that this Ordinance is trying to make things fair for all residents of the City. Charles Patraw, 1829 Prairie Drive, noted he stopped in last week to discuss the Ordinance with Mr. March. He explained he has lived in this City for six (6) years and asked if a light could be added at Main Street and 35W. Mr. Patraw noted this is a high traffic area with high speeds, numerous accidents and injuries. He indicated the City is getting bigger and has additional traffic. Council Member Travis noted Mr. Olson, the County Engineer, was presented with this issue last fall and noted County Commissioner Langfeld would be addressing MnDOT on this issue. Mayor Wilharber stated this intersection is in the City ofLino Lakes and he has talked to the Mayor in this City regarding the speed and safety at this intersection. Mr. Patraw noted he would like to start a petition for this stoplight to gain awareness and safety within the City of Centerville. Mayor Wilharber stated this would be left to MnDOT but he could present the Council with a petition for a light from the residents of Centerville. Mr. Sievert asked if a feasibility study was given to Anoka County and the DNR as to the projected road use. Council Member Sweeney noted the City has higher numbers than projected at this time and traffic will only continue to increase over 2 the next couple of years with new developments. Mr. March stated the County only has funding for four stoplights each year on County roadways. Hearing: no further public comments, Motion by Mayor Wilharber, seconded by Council Member Travis to close the public hearing:. All in favor. Motion carried. llI. APPEARANCES/AWARDS 1999 Annual Police Report Chief Joel Heckman reviewed the highlights of 1999 and indicated the police department hired a full time data entry person, the 16th officer for the force and one full-time investigator as of June, 1999. He noted the police department would have a site located in Centerville in the fall of2000. Chief Heckman indicated 1999 brought about a signed agreement for the Centennial Lakes Police Department for Circle Pines, Lexington, and Centerville. He thanked the City of Centerville for their DARE Program contribution for year 2000. Chief Heckman encouraged all residents to be involved with National Night Out and to be involved in neighborhood crime watch groups. He noted reserve officers are needed and appreciated on the force as well. Council Member Nelson noted the Council sent a letter to the police department regarding speeding within the City and they would like to see speeding tickets given rather than warnings. Chief Heckman stated a memo was sent to each of the police officers as to the Council's wishes but this is left to the discretion ofthe officer. Mayor Wilharber asked how the crime rate was at this time. Chief Heckman explained the crime rate is down, but is expected to increase as the demographics ofthe City increase in the age bracket from 10 to 25 year olds. Mr. Sievert asked if additional patrolling could be done on 73rd Street for high- speed traffic and children out after curfew. Chief Heckman noted he could call the police at any time and a car would patrol the area. He encouraged Mr. Sievert to also create a neighborhood watch within his neighborhood. Ray DeVine Ray DeVine noted he has been assisting in the planning of Fete des Lacs and indicated it would be held on July 28-30,2000. He indicated he was before the Council to look for volunteers for set up, parking and additional events in two- hour shifts. Council Member Travis noted he would volunteer for setup on Friday. Mayor Wilharber noted he would be available for set up on Friday and would work at the festival and dance. 3 IV. CONSIDERATION OF MINUTES June 14.2000 Council Meeting Minutes Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to approve the June 14. 2000 Council meetin2 minutes as submitted. All in favor. Motion carried. (Nelson abstained). V. PAYMENT OF CLAIMS The City of Centerville June 15 through June 28. 2000 Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the expenditures for the City from June 15. 2000 throu2h June 28.2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the Centennial Fire District expenditures in the amount of $10.738.40. All in favor. Motion carried unanimously. VI. SET AGENDA- - The following items were added to the agenda: . Chief Joel Heckman's 1999 Annual Report under Appearances . Traffic Light on Main Street and 35E under Petitions and Complaints . Sidewalk on Main Street under Petitions and Complaints . St. Genevieve's Parking Request under Petitions and Complaints . Brian Way Pond Discussion under Petitions and Complaints Motion by Council Member Sweeney. seconded by Council Member Travis to approve the a2enda with the noted additions. All in favor. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Norma Essex Mr. March indicated Norma Essex is requesting that all shrubbery near property lines be kept two feet from the property line for pruning purposes. He noted Ms. Essex feels this is a total lack of disregard for property owners and maintenance should be mandated. Council Member Broussard Vickers noted Ms. Essex has a point but it would be difficult to enforce such a mandate for the City. Mr. March asked for direction from the City Attorney. 4 Mr. Hoeft stated it is common consensus among municipalities that this issue is handled through the civil courts and not at the City level because shrubbery is not a primary structure on the property. He noted the City could fashion some type of Ordinance but he would not recommend this. Mr. Hoeft indicated State law allows neighboring properties to trim shrubs on their property. Council Member Sweeney concurred with the City Attorney's recommendation. Council Member Nelson asked that a letter be drafted to Ms. Essex stating the City Attorney's recommendations and to explain the City's position on this issue. Motion bv Council Member Nelson. seconded by Council Member Travis to draft a letter to Ms. Essex statin!! that shrubbery and trimmin!! of same is a civil issue based on the City Attorney's recommendations. All in favor. Motion carried unanimously. Michael Zwicki Michael Z wicki indicated he was a new resident to the area and became a paraplegic on Christmas Eve after an accident at work. Mr. Zwicki noted his home is handicap accessible but he is not allowed to get out of his driveway due to a steep dip in the curb. He stated his car bottoms out every time he exits his driveway, as the curb is too steep in this area. Paul Palzer stated it would be impossible for him to physically get his chair out of the driveway or back into the driveway. Mr. Peterson stated he reviewed the plans and all curb and gutter is standard along with the width of the tar on this residential street. He noted there was nothing uncommon on this roadway. Mayor Wilharber asked if there was a solution to the situation. Mr. Peterson stated a portion ofthe roadway could be ground down to allow for a more smooth access or that a temporary ramp could be placed near the driveway for access. Council Member Nelson asked that the roadway be smoothed out to allow the resident access to the roadway. Council Member Sweeney asked if a handicap access could be placed in his driveway Of next to his driveway for access. Mr. Peterson stated this would be an option. Council Member Travis asked if the City would be providing this access or allowing the access. Council Member Sweeney noted he would be in favor of allowing the access for Mr. Zwicki. Mr. March encouraged Mr. Zwicki to contact the MS Society to gain additional funding for access options. Mr. Peterson stated the curb could be cut out in a portion of his driveway to have a ramp placed in its place. Council Member Nelson noted she would be in favor ofthe ramp. Mr. Hoeft suggested the Council direct the City Engineer to address this issue and look into the feasibility and cost ofthis item before the Council approved this item. Council Member Sweeney concurred adding that volunteers and local organizations could be approached for donations as well. 5 Motion by Council Member Nelson. seconded by Council Member Travis to advise staff to draft a plan on the feasibility and cost of a handicap ramp for Mr. Zwicki at 6965 Meadow Court. All in favor. Motion carried unanimously. New Traffic Light on Main Street Mayor Wilharber noted the Main Street and 35E intersection is dangerous and suggested having a petition at the festival to gain signatures for a traffic light from the Centerville residents. Ray DeVine indicated he would work with Mr. Patraw on a booth. Mr. March stated he would be able to draft a petition for Mr. Patraw and indicated all signatures would not have to be from the City of Centerville. Sidewalk on Main Street Council Member Sweeney noted the new trail for Appletree Square on Main Street is not of high quality. He suggested all current and future sidewalks be held to a higher standard for the City, allowing sidewalks and trails to be straight and level. Mayor Wilharber advised Mr. Peterson of the development agreement with Lloyd Drilling for this site and asked him to report back to the Council in July as to the sidewalk requirements. Mr. March noted he communicated a concern for this trail/sidewalk and that it needs to be brought up to an improved level. He stated specifications would be made for all future developments. St. Genevieve's Parking Request Mayor Wilharbor noted Geno Noll is requesting additional parking for the hours of St. Genevieve's picnic, which would require the closing of Goiffon Road from County Road 14 to Sorel Street. Motion by Mayor Wilharber. seconded bv Council Member Sweeney to approve the closin!! of Goiffon Road from County Road 14 to Sorel Street durin!! the hours of the picnic and that all ememency providers be contacted with this information. All in favor. Motion carried unanimously. Brian Way Pond Patti Yeske, 7164 Brian Way, expressed concern for the pond in her back yard as it is drying up and cattails are beginning to over grow the area. She noted she was given the impression this pond would be dredged this year and asked if this was the case. 6 Paul Palzer stated the pond level was dropped last year to allow for drainage. Mr. Peterson indicated he wouldn't be able to comment on this issue at this time but noted the pond was in place to remove nutrients before the water reached the local lakes. Mr. March stated there are thirty (30) ponds in the City ofCenterville and a fund is in place for maintenance on ponds within the City to remove silt. He indicated a capital improvement plan needs to be created to set a time for each pond to be cleaned. Mr. March stated an organic fertilizer provider is being brought to his neighborhood to discuss the positives behind organic fertilizers and water quality of surrounding ponds. VIII. UNFINISHED BUSINESS Hunter's Crossing - Grading Plan. Draft Developer's Agreement Mr. Peterson noted the grading plan was approved at the last meeting but the draft Developer's Agreement needs discussion. Mr. March reviewed the revisions to the Developer's Agreement with the Council. He noted the only concern at this time is the contested assessments and explained the City does not want to be responsible for those four properties. Mr. Hoeft stated the developer is not going to go through with this development until the assessments are straightened out due to the fact the developer does not want to pay the full assessment amount. Council Member Nelson asked if the 429 process would protect the City from all contested assessments. Mr. Hoeft noted the 429 process would not keep the City from paying but would not have them paying the full amount ofthe assessment. He stated it would test the financial benefit to the development and go from there. Mr. Hoeft noted the benefit to the developer with sewer and water is large and he will go through with the development as scheduled. He explained during the assessment process, the Council should take into consideration the relative benefit to each property and how it can be spread amongst all properties involved. Mr. Hoeft noted if the developer does not want to enter into the Developer's Agreement, he would have the option of completing the improvements at his own expense. Mr. Hoeft noted no approval was needed at this time ofthe assessments, grading plan or Developer's Agreement. Mr. Peterson indicated the Plans and Specifications did need approval to allow for the opening of bids on this project. He reviewed the plans with the Council and asked for comments. Council Member Travis asked who would be responsible for funding services south ofthis development. Mr. Peterson noted this would be the responsibility of future developers. 7 Motion by Council Member Broussard Vickers. seconded by Council Member Travis to approve the Plans and Specifications and order bids for Hunter's Crossin2. All in favor. Motion carried unanimously. Ordinance #4 - Approval of Summary for Publication Mr. March noted that once Council decides to approve Ordinance #4 a summary of the Ordinance would need to be published. He indicated the Council would be responsible for approving a summary that covers all issues within the specific Ordinance. Mayor Wilharber asked if this were to be approved if the Council would be under a time constraint for approval. Mr. March stated the Council would have no time frame but the summary would need to be amended if changes were made to Ordinance #4. Motion bv Council Member Travis. to approve the Summary for Publication for Ordinance #4. Motion failed for lack of second. Council Member Nelson asked when this issue would proceed at the Council level. Mr. March noted this issue could be done at a workshop meeting to address any and all issues before approval. Ray DeVine noted he could be present if a work shop meeting were held for additional discussion. Mr. March was advised to set a joint meeting for the Plamring Commission and City Council for further discussion on Ordinance #4. Mr. March suggested July 19,2000 for the joint meeting. Ms. Whittet asked if the workshop dates could be placed on the web site for information to the residents along with Ordinance #4. Mr. March stated this would be passed along to the web site manager. Motion by Council Member Travis. seconded by Council Member Nelson to hold a workshop meetin2 on Julv 19.2000 for a Joint discussion with the Plannine and Zonine Commission and City Council on Ordinance #4 at 6:30 p.m. All in favor. Motion carried unanimously. IX. NEW BUSINESS Fete des Lacs PermitslLions Club Mr. March noted the ball field fences at LaMotte Park needed discussion among the Council to allocate funding for the fences. He indicated the Lion's would be donating all labor and the use of a bobcat for the professional installation ofthe fence. Mr. March explained the cost of the fences would be $4,500 for all materials from Menards. He noted the Little League organization is not interested in financing the fencing at this time. 8 Mr. Bisek indicated he could not donate the labor needed for a fourth field. A concession stand could be built at LaMotte Park between the fields. He noted the Lion's could use this stand for future fundraising that could be put back into the community and youth sports. Council Member Travis asked why the softball tournament had to be sanctioned. Mr. Bisek stated this did not have to be a sanctioned tournament but it would bring a great number of people and interest into the festival. He noted prize money would be provided if the tournament was full and it would be self- sufficient. Mr. March added that the sanctioned tournament would draw in neighboring residents to the festival. Mayor Wilharber asked where the funding would come from if the Parks and Recreation Committee was not able to allocate these funds. Mr. March stated this could come out ofthe general fund or through future park dedication funds. Council Member Travis asked if the Parks and Recreation Committee approved of the fences. Mr. March stated they were not in favor or denial ofthe fences at this time. Motion by Council Member Broussard Vickers. seconded by Council Member Travis to approve the ball field fences at LaMotte Park with an allocation throu2h the 2eneral fund to purchase the materials from Menards in the amount of $4.500. All in favor. Motion carried unanimously. Motion by Council Member Nelson. seconded by Council Member Sweeney to approve the noise permit. 3.2 beer permit. the application to conduct excluded bin20 and application to conduct excluded rame. All in favor. Motion carried unanimously. Vacation Leave Policy Mr. March explained this item was tabled at the last meeting for further review and explanation from staff. He indicated there was a need for verification between part time employees and how their "week" of vacation was defined. Council Member Sweeney asked that this be done on an hours worked per week basis so that people who work 40 hours a week receive more vacation time than those who work 24 hours a week. The Council concurred with this system. Vacancies Mr. March stated there are numerous recommendations for employment and Paul Palzer would be interviewing next week for part time public works assistance. Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to approve Kristen Sweeney as the Receptionist. Earl Fleischman for the Public Works position and Patricia Scott for the Cable Operator. All in favor. Motion carried. (Sweeney abstained). 9 X. CONSENT AGENDA - None. XI. COMMITTEE REPORTS . Mayor Wilharber noted at the Joint meeting ofthe Centennial Lakes Police Department discussion was held as to the financing ofthe name change. He indicated the City allocated $5,000 for the funding ofthe new patches, badges and painting of the vehicles and asked for an official motion from the CounciL Motion bv Council Member Sweeney. seconded by Council Member Broussard Vickers to approve the allocation of $5,000 to fund the name chane:e for the Centennial Lakes Police Department. All in favor. Motion carried unanimously. . Council Member Sweeney noted U.S. West has purchased MediaOne and additional cable companies will be entering this market within the next two to three years. XII. ADMINISTRATOR'S REPORT Mr. March indicated there are several potential dangerous dogs in the City and the police chiefhas reviewed this item as well. He noted an appeal is to come before the Council for a hearing. Mr. March asked for direction from the Council on notification. Council Member Sweeney stated neighbors do need to be notified as this could directly affect them. Mr. Hoeft stated this is an appeal item and not a public hearing. He indicated that all residents that provided the police with testimony should be contacted to have them come before the Council at this hearing for the City's behalf. Mr. Hoeft added that the resident in concern should be notifYing those who would support their side of the case. Council Member Nelson asked that all residents be contacted that gave testimony to the police. Motion by Council Member Nelson, seconded by Council Member Vickers to notify all residents that e:ave testimony to the police ree:ardine: the dane:erous doe:. All in favor. Motion carried unanimously. Mr. March noted the grant application for the Livable Communities Act has been reviewed and a decision would not be made on the grants until July 20,2000. XIII. ADJOURNMENT Motion by Council Member Broussard Vickers. seconded bv Council Member Sweeney to adjourn the June 28. 2000 Council Meetine: at 9:12 p.m. All in favor. Motion carried unanimously. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. 10 CITY OF CENTERVILLE CITY COUNCIL MEETING June 14,2000 6:00 p.m. 1\..ppruv~u I Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on June 14, 2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney (6:21 p.m.) Council Member Linda Broussard Vickers ABSENT: Council Member Mari Nelson STAFF: City Attorney, James Hoeft City Engineer, Tom Peterson Public Works Director, Paul Palzer I. CALL TO ORDER Mayor Wilharber called the June 14,2000 City Council meeting to order at 6:04 p.m. \ ) II. PUBLIC HEARlNG(S) - None. III. APPEARANCES! AWARDS 1999 Audit Presentation - Steve McDonald (Abdo. Abdo. Eick & Meyers) Mayor Wilharber introduced Steve McDonald, Abdo, Abdo, Eick and Meyers, who completed the 1999 Audit for the City of Centerville. Mr. McDonald presented the 1999 Audit and Management Letter. He stated no significant or unusual transactions were brought about through this audit. Mr. McDonald noted no audit adjustments were found and that the general fund increased $145,904 over the past year. Mr. McDonald noted he recommends placing the City Celebration Fund into the general fund to eliminate the deficit, as there is minimal activity in this account. Mr. McDonald encouraged the Council to have all Capital Projects provide escrows for engineering and attorney fees to minimize deficits in this area. Mr. McDonald noted the water and sewer funds were minimally increasing over the past several years due to additional infrastructure and hook up fees. Wayne LeBlanc Wayne LeBlanc, 1677 Peltier Drive, stated he was present to request that all park issues be reviewed by the Parks and Recreation Committee for recommendations 1 before Council makes :final decisions. He explained this stems from the temporary road placed in LaMotte Park. Mr. LeBlanc explained there was an agreement with Anoka County at this time to not allow a road access from Centerville Road to LaMotte Park. Mr. LeBlanc stated that if this issue had went before the Parks and Recreation Committee this information would have been brought up for the Council to review prior to decision being made. Mayor Wilharber indicated the Council made this decision to allow for the completion of the forcemain and that Anoka County could not keep the City from placing a temporary road within the City. Mr. LeBlanc stated he would like Council's assurance that the temporary road would be removed. Council Member Travis explained the Council would like to maintain this roadway for maintenance and future forcemain work needed. Mayor Wilharber concurred and stated a decision was needed without Park and Recreation input due to time constraints. Council Member Broussard Vickers noted the Council made a recommendation on the satellite issue to be reviewed by the Parks and Recreation Committee for their input before it was completed. She explained the Council is aware of the Parks and Recreation Committee's issues and the Council does have the City's best interests in mind. IV. CONSIDERATION OF MINUTES ) I May 24. 2000 Council Meeting Minutes Motion by Council Member Travis. seconded by Council Member Broussard Vickers to approve the Mav 24, 2000 Council meetine: minutes as submitted. All in favor. Motion carried unanimously. V. PAYMENT OF CLAIMS The City ofCenterville May 25.2000 through June 14.2000 Motion by Council Member Broussard Vickers, seconded by Council Member Travis to approve the expenditures for the City from May 25. 2000 tbroue:h June 14.2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Travis. seconded by Council Member Broussard Vickers to approve the Centennial Fire District expenditures and June Payroll Expense. All in favor. Motion carried unanimously. ) 2 VI. SET AGENDA The following items were added to the agenda: . Resignation of Michael Navin under Consent Agenda. Motion by Council Member Travis. seconded bv Council Member Broussard Vickers to approve the aszenda with noted additions. All in favor. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Speed Complaints Karen Nasca, 7037 Brian Court, stated she is concerned about the speed in her neighborhood and at the comer of the named streets. She noted at this intersection there is a bicycle trail with numerous children crossing the street. Ms. Nasca stated additional stop signs are needed or police need to make a greater presence at this intersection. ) AI Peterson, 7065 Dupre Road, noted there is concern for traffic down Dupre Road driving extremely fast. He noted traffic does not observe the stop signs during morning traffic or in the afternoon. Mr. Peterson noted there are many families in the area with children on bikes and roller blades. He asked that a speed sign be posted in his area to make traffic aware of the residential speed zone. Keith Jovanovich, 7269 Old Mill Road, stated 17 people signed a petition two years ago to get a stop sign at 73Td and Old Mill Road to no avail. He expressed concern for the additional stop sign placed on 73rd and Quebec and that there is still not a stop sign on 73rd and Old Mill Road. Mr. Jovanovich stated he feels the neighbors in this area are feeling discriminated against and would not like to see a death happen in order to make a stop sign be placed at the intersection. Mayor Wilharber stated stop signs are put in through petitions after discussing it with the police department and City Council. He explained many stop signs are not observed in the City, which has become a hazard for the residents in Centerville. Mayor Wilharber indicated that a crime watch could also be set up in each neighborhood to catch license plates of speeding drivers, which could then be passed along to the police department. Christine Fischback, 1684 Lakeland Circle, stated a car went through her yard last week due to the high speed it was traveling. She explained traffic is out of control in her neighborhood due to the fact there are a large number of children in the area. ) Ms. Nasca asked if a "Children at Play" sign could be put in the high-speed traffic area. Mayor Wilharber stated a petition would be needed to approve this signage addition as well. 3 Mr. Peterson explained it is not only the youth speeding through the area, adults driving to and from work are speeding as well. He stated the stop sign in front of his home should be removed and have a speed limit sign placed in this area to remind traffic of the limits. Ted Peterson, 6933 Pheasant Lane, stated the police enforcement on Pheasant Lane is extremely poor. He stated there is only one stop sign on Center Street which increases the traffic flow along this roadway. Mayor Wilharber encouraged Mr. Peterson to take down license plates and make/model of vehicles to report to the police. Mayor Wilharber stated this issue arose from complaints of high-speed traffic in the City and a proposal for a new program using a hand held radar throughout the City is being considered. He explained the Council is looking for residents interested in volunteering their time to observe and clock traffic. Council Member Vickers encouraged the residents to take responsibility oftheir driving and take part in this program. She added that this Council has drafted a letter to the police department to note all speeding will be a violation and not a warning. Council Member Sweeney reiterated to the residents that stop signs provide a false sense of security for those in the neighborhood. He encouraged the residents to educate their children to look before they cross or play in the street. ) Ms. Nasca asked that the City create more community awareness throughout the City to share with the residents the concern of high-speed traffic. Mayor Wilharber encouraged the residents to take up a crime watch in their neighborhood to communicate the speeding issues and danger of high-speed traffic. VIII. UNFINISHED BUSINESS County Bank - Special Use Permit. Site Plan Approval Mayor Wilharber reviewed the site plan, grading plan, and building elevations as proposed for the County Bank to be located at the intersection of21 st Avenue and Main Street. He advised of the Planning and Zoning Commission's recommendation that the Special Use Permit and site plan be approved contingent upon three conditions. Mr. Peterson noted all issues have been addressed by the County Bank and they are willing to comply with staff suggestions. Greg Owens, President ofthe County Bank, presented the site plan for the proposed County Bank. He noted the staff is excited to come into the City of Centerville. Mike Shaft, Shea Architects, reviewed the access and site plan of the County Bank with the Council. He stated the building is set back on the property to allow for additional landscaping. ) Mr. Shaft noted the drive-up window is on the left ofthe building, which would be heavily landscaped. He added that the one-way drive through roadway would be narrow to minimize the use of blacktop in this development with the parking 4 lot on the side versus the front of the building. Mr. Shaft reviewed the building materials and style ofthe 3,000 square foot building. Mayor Wilharber reviewed the Special Use Permit request from the County Bank and asked Mr. Owens to review this request. Mr. Owens stated ground breaking would not begin until late August. He explained this was the reason a Special Use Permit was requested, to allow the County Bank an opportunity to begin banking activity. Mr. Owens stated the County Bank requests this to gain clientele between now and next January for full service banking. He noted the trailer would be removed shortly after the bank opened. Council Member Broussard Vickers noted the Planning and Zoning Commission reviewed this item and recommended approval with three conditions. She noted the Planning and Zoning Commission recommended the facility be completed in six months, but the Council could change this to nine or twelve months if the Council felt this was adequate. Motion bv Council Member Broussard Vickers. seconded by Council Member Sweene to a rove the S ecial Use Permit for Coun Bank as presented contin~ent upon the three conditions contained in staffs report chansdne the six months to twelve months for completion and removal of the trailer. All in favor. Motion carried unanimously. ) Motion bv Council Member Broussard Vickers. seconded by Council Member Sweeney to approve the Site Plan for County Bank as presented contineent upon the three conditions contained in staffs report. All in favor. Motion carried unanimously. Hunter's Crossing - Grading Plan and Draft Developer's Agreement Mayor Wilharber presented comments from City Engineer Tom Peterson in regard to the grading plan for Hunter's Crossing. He advised that Mr. Carlson has already produced a letter of credit to cover the restoration fees for the grading work. Mayor Wilharber noted Mr. Carlson will also have to sign a waiver that he is willing to commence grading at his own risk, ifhe desires to start grading prior to :final plat approval. Mr. Carlson apologized for the extensive tree removal within the Hunter's Crossing development and noted he would be replanting 100+ trees throughout the development upon grading completion. He added the new trees would be a welcomed species to the area. Mr. Carlson furnished the City with a letter of credit for the grading plan. He reviewed the Development Contract and asked ifhe would be responsible for carrying liability insurance forever, or for the life ofthe development period. He also questioned the building permit limits within this agreement before the paved roads were completed. Mr. Hoeft stated the building permit issues were addressed with staff and no specific requests have been made at this time. He noted this item could be 5 brought before staff and incorporated into the Development Contract. Mr. Hoeft noted he would reword the liability insurance language to deal with all potential liability during the construction of the development. Council Member Travis asked if the silt fence required would be $600 per each lot or per the development. Mr. Peterson stated this was one silt fence per the development. Mr. Carlson asked that all potential builders be responsible for placing a silt fence at the edge of each property. Mr. Carlson asked if the exact location ofthe trail connection from this development to the Anoka County trail system was known. Council Member Sweeney stated this is not known at this time but that the trail would run through the south side of the development and connect to the County trail system at the developer's expense. Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers to approve the Hunter's CrossinS! e:radine: plan and Developer's AS!reement conditioned upon them beinS! allowed two buildine: permits. with $2.000 per lot of park dedication fee under item #9. as previously approved by Council; with a trail from Centerville Road to the Anoka County trail system at the developer's expense. and that Counsel e:reater define the liability insurance needs of the developer. All in favor. Motion carried unanimously. ) ./ Ordinance #4 - Approval of Summary for Publication and Final Draft Approval Mayor Wilharber explained that since changes were made to Ordinance #4, the City is required to hold an additional public hearing, which will be noticed and held on June 28, 2000. He explained the final draft ofthe Ordinance had been included in the Council's packet. It was noted the summary of publication was not included within the packet. Council Member Sweeney indicated he discussed this item with several people on the fire department and there is concern regarding the driveway width at the street and trailer length portions of the Ordinance. He explained many residents are unaware of the changes being proposed even though this item has been posted on the City sign and within the local paper. Council Member Sweeney noted many ofthe residents he spoke with moved to this area to get away from the restrictions posted in other cities. Mayor Wilharber stated the Ordinance does not have to be approved at the next meeting if the public voices concern about the lack of notice given to the public. Council Member Sweeney concurred with this suggestion. Council Member Broussard Vickers noted that after approval not all residents would agree with all portions ofthe Ordinance. She stated a lot of work went into the Ordinance and she is tired of it continually being tabled for future discussion and additional public input. 6 Council Member Broussard Vickers stated even after future comments at the public hearing it would not mean that the issues would be changed. Council Member Sweeney agreed and stated that this would at least give people the option to address the concern and express their opinion. Mayor Wilharber stated this Ordinance is not meant to infringe on property rights of any residents but the Council is interested in improving the community. Motion by Mayor Wilharber. seconded by Council Member Sweeney to approve the Final Draft of Ordinance #4. All in favor. Motion carried unanimously. IX. NEW BUSINESS 3.2 Beer Permit - St. Genevieve's Annual Chicken Dinner Mayor Wilharber presented the request from St. Genevieve's Church for a one- day temporary 3.2 beer permit. He noted the church has made this request every year as part of their preparation for the Annual Chicken Dinner which is scheduled for August 20th from 11:00 a.m. to 5:00 p.rn. ) / Motion by Council Member Sweeney. seconded bv Council Member Travis to approve a one-day. temporary 3.2 beer permit for Aue:ust 20. 2000 for St. Genevieve's Church contine:ent upon receipt of a certificate of insurance for this event. All in favor. Motion carried unanimously. Joint Meeting - Centennial Lakes Police Department 2001 Budget Mayor Wilharber noted a joint meeting is scheduled for June 22, 2000, at 6:30 p.rn., at the Lexington City Hall, to discuss the 2001 Centennial Lakes Police Department Budget between the three Cities involved. Vacation Leave Policy Mayor Wilharber noted this item has been placed on the agenda to clarify a portion of the current personnel policy. He noted the present policy does not define how vacation hours are determined. The present policy simply shows how vacation time accrues in the addition of weeks as the years of service are increased. Mayor Wilharber noted staff recommends the following language be added in the Personnel Policy, Article 8 - Vacation Leave: "Vacation leave for regular employees that are nonnally scheduled to work 24 hours or more per week will have vacation weeks defIDed as 40 hours per week. Vacation leave for regular employees that are normally scheduled to work less than 24 hours per week will have vacation weeks defined as 20 hours per week." Mayor Wilharber noted the recommended language should make the vacation section ofthe Personnel Policy more equitable and easier to administer by staff: 7 He suggested, however, that this item be tabled for further discussion at the June 28, 2000 meeting when staff is present. Motion by Mayor Wilharber. seconded by Council Member Sweeney to table this item to the June 28. 2000 meetin2 for clarification from staff. All in favor. Motion carried unanimously. Administrator Evaluation Mayor Wilharber noted the Council met in executive session at their last meeting to discuss the City Administrator's evaluation. At that time, the Council elected to make adjustment determinations at the next meeting. Mayor Wilharber explained Mr. March is presently at grade level 10, step 7 and suggested moving Mr. March to step eight retroactive to his anniversary date of May 20th, with a $5,000 bonus. He indicated the monthly $300.00 vehicle allowance would remain as established in 1999. Motion by Council Member Travis. seconded by Council Member Broussard Vickers to approve a pay increase for Mr. March to Level 10 Step 8 retroactive to his anniversary date of May 20th with a $5.000 bonus. All in favor. Motion carried unanimously. X. CONSENT AGENDA ) Accept Resignation of Public Works Employee Tim Danielson Summer Help for Public Works Accept Resignation of Park and Recreation Committee Member Michael Navin Motion by Council Member Broussard Vickers. seconded by Council Member Travis to approve the Consent A2enda as submitted. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS . Mayor Wilharber described the new patch for the Centennial Lakes police department to the Council Members. He also reviewed a Met Council estimate of the census information for the community. . Council Member Sweeney stated the Parks and Recreation Committee was a little concerned about Council's approval of park issues at the past meeting. He stated Wayne LeBlanc addressed this previously in the meeting. . Council Member Sweeney noted outfield fences are needed for the softball fields at LaMotte Park. He explained area businesses are being contacted for donations at this time. Council Member Sweeney noted the Parks and Recreation Committee did not have an issue with the fences but would not be able to support this issue financially which is why the city festival is 8 seeking donations. Council Member Travis stated he was in favor of the fence if donated as long as staff was not pressured before the City festival. Mayor Wilharber concurred. XII. ADMINISTRATORS REPORT There was nothing new at this time. XIII. ADJOURNMENT Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to adiourn the June 14.2000 Council Meetin2 at 8:25 p.m. All in favor. Motion carried unanimously. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. ) ) 9 Approved , . CITY OF CENTERVILLE CITY COUNCIL MEETING May 24, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on May 24, 2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Mari Nelson ABSENT: None STAFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Tom Peterson I. CALL TO ORDER Mayor Wilharber called the May 24, 2000 City Council meeting to order at 6:00 p.m. II. PUBLIC HEARING (S) - None. III. APPEARANCES/AWARDS Milo Bennett - Centennial Fire District 2001 Budget Council Member Sweeney dismissed himself from this discussion. Mayor Wilharber stated Chief Bennett was before the Council for approval ofthe year 2001 budget. He highlighted the changes over last year as being a marginal increase in utilities, medical supplies, salaried positions, and a full-time secretary. Chief Bennett stated there was a 4.21 % increase for the 2000 budget over the 1999 budget and the cost per citizen would maintain at the same level. Council Member Nelson asked for the salaries paid to the new Assistant Fire Marshal. Chief Bennett noted this was only a $150 a month increase for this position. Bald Eagle Water Ski Club - Ramp Request Dean Havel, Representative of Bald Eagle Water Ski Club, stated he is before the Council to request a ramp permit again for Centerville Lake. He explained the Page 1 of 12 ramp received no complaints last year and no objections have been heard yet this year. Motion made by Council Member Sweeney. seconded by Council Member Broussard Vickers to approve the ramp request for the Bald Eatde Water Ski Club. All in favor. Motion carried unanimously. 73rd Street Stop Sign Request Corporal Jensen stated several speed samplings were completed in and around 73rd Street and the results have been forwarded to the City. He noted the results showed normal speeds within the area sampled. He explained a hand held radar could also be used for this area to determine the severity of the high-speed traffic in the area. Corporal Jensen indicated that a crime watch project has proven successful in the City of White Bear Lake for clocking speeding vehicles and sending letters to those speeding as a warning. Liz Larson, 1882-73rd Street, stated she would rather see the City place a stop sign in this area than to take on the expense of a hand held radar and staff time for warning letters. Mayor Wilharber asked how residents would place themselves for clocking of vehicles and expressed concern for the safety of the residents taking on this task. Corporal Jensen stated in the City of White Bear Lake, residents sit in lawn chairs on local sidewalks. Council Member Broussard Vickers asked if a neighborhood watch committee could issue citations. Corporal Jensen stated residents are not allowed to issue citations but a resident could file a complaint with the police station and a summons could be issued for extreme cases. Council Member Travis stated there is a large number of children in the area and asked if the speed could be reduced if a stop sign was not approved. Corporal Jensen stated the neighbors could be polled to see ifa speed change would be warranted and observed by residents. Ms. Larson asked for the speed limit in a school zone. Corporal Jensen stated this was 25 miles per hour and the City has control over the jurisdiction of the roadway and could lower the speed. Council Member Broussard Vickers asked if the police department objected to the additional stop sign. Council Member Sweeney stated in his neighborhood many residents do not observe close stop signs. He explained that it slows them down on Brian Way but gives a false sense of security for the residents on the street. Corporal Jensen agreed with these statements but added that he would not object to an additional stop sign. He stated that 90% ofthose not observing the stop sign on Brian Way are local residents. Council Member Nelson explained she was interested in the hand held radar watch to be done through the neighborhood watch. Page 2 of 12 Council Member Broussard Vickers asked if residents in the area would be interested in clocking local traffic. Ms. Larson stated she did not feel the residents would be enthused about such a program if it required a large time connnitment. Council Member Broussard Vickers indicated 73rd Street requires strict enforcement of the speed limit with tickets and no warnings. She stated this would give residents a "heads up" that this area is going to be held to the posted speed limit and those not abiding the limit will pay the consequence. Council Member Nelson stated she would be interested in participating with the hand held radar clocking to protect the neighborhood. Council Member Broussard Vickers indicated she was interested as well and stated the expense would be well worth the consequences of speeding traffic near children at play. Ms. Larson asked if the radar would be used for a city wide crime prevention. Council Member Nelson stated this would be a program used for all residential streets at all times ofthe year. Mayor Wilharber asked if there were legal implications for radar clocking. City Attorney Hoeft stated the City would not be liable for any observation and clocking of vehicles on City streets. He explained the Police Department would be held to the enforcement and the City would only be a resource for the Police Department. Council Member Nelson stated if she received a letter from the police department she would be embarrassed and would pay closer attention to the local speed limits. Carol Bacon, 1776-73rd Street, asked if any smaller cities have used radar clocking systems. She explained a greater fear may corne out of the current situation if retaliation were to occur for those clocking speeding vehicles. Council Member Sweeney asked if lowering the speed limit to 20 miles per hour would be the best option for this area without adding a stop sign. Corporal Jensen stated this might slow general traffic and high-speed traffic down to 30 miles per hour. Ms. Larson asked if speed bumps would be an option in this area. Council Member Sweeney stated speed bumps on a residential street effects emergency vehicle response time and the use of snowplows. Motion made by Council Member Broussard Vickers, seconded by Council Member Nelson to draft a formal letter to the Police Department to state the concern for violations on 73rd Street; to ask that this area be saturated and heavily ticketed; and that staff place a community notice in the paper for the use of a hand held radar for community crime watch use to 2ain community interest. All in favor. Motion carried. (Travis opposed). Page 3 of12 Ms. Larson noted that the original complaint brought to the Council still had not been addressed. She asked if the Council was willing to address the stop sign. Motion made by Mayor Wilharber, seconded by Council Member Travis to install a stop si2n at the intersection of 73rd Street and Quebec. All in favor. Motion carried. (Nelson and Sweeney opposed). IV. CONSIDERATION OF MINUTES May 10. 2000 Council Meeting Minutes Motion by Council Member Travis, seconded by Council Member Nelson to approve the May 10, 2000 Council meeting minutes as amended on page 6, para2raph one, completely omitting the second sentence. All in favor. Motion carried unanimously. V. PAYMENT OF CLAIMS The City of Centerville May 10. 2000 through May 24. 2000 Motion by Council Member Nelson, seconded by Council Member Broussard Vickers to approve the expenditures for the City from May 10, 2000 through May 24, 2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Broussard Vickers, seconded by Council Member Nelson to approve the Centennial Fire District expenditures. All in favor. Motion carried unanimously. Center Villa Letter of Credit Mayor Wilharber reviewed a letter of credit reduction for Center Villa as suggested by the City Attorney. Motion bv Council Member Broussard Vickers, seconded by Council Member Sweeney to reduce the letter of credit as sU2gested by the City Attorney. All in favor. Motion carried unanimously. VI. SET AGENDA The following items were added to the agenda: . Item 3 under Appearances _73rd Street Stop Sign Request . Item 3 under Payment of Claims - Center Villa Letter of Credit . Item 1 under Petitions and Complaints - Main Street Letter . Item 2 under Petitions and Complaints - Hunter's Crossing Assessments . Item 3 under Unfinished Business - 1999 Audit . Item 8 under New Business - Centennial Fire District 2001 Budget Approval Page 4 of 12 Motion by Council Member Travis. seconded by Council Member Sweeney to approve the agenda with the noted additions. All in favor. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Main Street Letter Mr. March stated he received an e-mail letter from Jerry and Mary Jo Helmbrecht, 1745 Main Street, regarding traffic passing on the shoulders of Main Street. He explained this has become a concern for pedestrian traffic and asked if a sign could be posted stating "No Passing on Shoulders". Mr. March indicated the residents noted the amount of traffic on this roadway has increased in number and speed. He stated the residents would like to see higher patrolling and fining in this area. Council Member Sweeney stated it is currently illegal to pass on the shoulder and signs are not needed for such an occurrence. City Attorney Hoeft explained that this item has been a topic of discussion and stronger enforcement is needed. Council Member Broussard Vickers asked if the shoulder on Main Street could be repainted to deter residents from driving on the shoulders. City Attorney Hoeft stated this is a County road and the issue would have to be brought before the County. Council Member Nelson requested that this item be added to the formal letter to the Police Department to have strict enforcement of those passing on the right. The Council concurred on this issue. Hunter's Crossing Assessments Larry Woiak addressed the Hunter's Crossing Assessments. He explained that he does not feel that his property value would increase at the same rate of the assessment. Mr. Woiak stated he is being charged $9,000 to run water and $7,000 for sewer in front of his house, with the price of hook up fees on top of the current assessments. Mr. Woiak stated he objects to the high fees because the developer is only paying $2,000 per lot while the property owner is having to pay $16,000. He explained the developer will be making a large profit on this development at the expense of the nearby residents. Mr. March stated that at the last meeting, the Council approved the preliminary specifications and the preliminary costs would be more complete after the preliminary specifications were received. He indicated the Council would again review the fees after the plans were complete to approve or deny the assessments. Page 5 of 12 Mr. March stated four property owners have already contested the proposed assessments and he noted the developer may have to be addressed on this issue before the development moves forward. Mr. Woiak stated it would cost him $1,000 to have his site assessed to determine the exact property value gained. He indicated he does not want to see the local residents charged for the benefit gained by the developer. Council Member Broussard Vickers asked if a larger percentage of the assessments could be placed on the developer. She also asked if there was a precedence set in past developments as to the percentage paid by developers. Mr. March stated this varies on a case-by-case basis due to the terrain and length of services needed. Council Member Broussard Vickers asked how the 53% was devised. City Engineer Peterson stated that since only half of the roadway is developed, the developer was given 50% ofthe fee "off the bat." Mr. March stated the developer is aware of the assessment fees up front and will still be successful after paying off these fees. Council Member Nelson stated she would feel the same way as the residents along Centerville Road. She expressed concern for the grading work that has begun. Council Member Sweeney stated this is being completed at the developer's risk and expense. He explained that the Council needs a better grasp of the actual fees before the Council could move forward with this project. Council Member Broussard Vickers asked if an appraiser should be contacted at this time to look at the assessment and value added to each lot in this project. Mr. March stated this was premature at this time and asked that the Council wait until the plans and specifications are back from the City Engineer. He stated the burden would then be on the developer to get this through with the residents. Mr. Woiak asked that he be notified of all future discussions on this item. Mr. March stated he would follow through with this request. VIll. UNFINISHED BUSINESS Weight Restrictions Council Member Travis asked if there was a formal policy on weight restrictions for the City. Mr. March stated there was nothing in place at this time. Council Member Travis stated in neighboring communities the Public Works Department deals with these issues and no exceptions are allowed. He stated this system seems to work well because the Public Works Department knows the most about the streets. Mayor Wilharber stated a formal policy could be set by Council for the Public Works Department to follow. Mr. March stated that no exceptions would be an easy policy to follow through with for the City. Page 6 of 12 Council Member Sweeney asked if a limit such as a two-ton over the weight limit should be set versus a no exception policy. Council Member Broussard Vickers concurred and stated that Council could review extreme cases on a case-by-case basis. Council Member Sweeney requested that Council set a formal policy or guidelines so that no favoritism or precedence would be shown through Council approval/denial. He suggested that each over weight permitee also be held accountable for a bond to cover all road repairs. Council Member Travis stated he would like to receive formal input from Mr. Palzer on an overweight policy to be set by Council. Council Member Sweeney agreed and asked that this item be tabled for additional discussion with Mr. Palzer present. Mr. March asked if the weight loads versus the number ofloads created more damage. City Engineer Peterson stated he has heard that the number of trips can be more damaging than heavy limited loads. Mr. March stated that he would check with neighboring communities and place this item on the next agenda for further discussion. He noted he would gain feedback from Mr. Palzer as well. Motion made by Council Member Travis. seconded by Council Member Broussard Vickers to table this item to the June 14. 2000 meetin2 for further discussion. All in favor. Motion carried unanimously. Lift Station #2 Bid City Engineer Peterson reviewed the bid information for the Lift Station #2 with the Council. He explained the low bidder was Penn Contracting. Motion made by Council Member Sweeney. seconded by Council Member Travis to accept the bid of Penn Contractin2 with Option A for Lift Station #2. All in favor. Motion carried unanimously. 1999 Draft Audit Discussion Mr. March stated he received a draft audit from ABDO, ABDO, Eick & Meyers. He explained the enterprise funds had increased over last year by $492,000. Mr. March indicated this was a positive step for the City, as the operating expenses have not increased at the same rate. Council Member Nelson asked for clarification on the additional revenue taken in. Mr. March stated the water and sewer rates are allowing the City to meet expenses with revenue remaining for future use. He stated these changes are positive steps for the City. Page 7 of12 IX. NEW BUSINESS Trio Inn Liquor Violation Mr. March made the Council aware there was a violation of serving to a minor at the Trio Inn. He stated this item is for Council information at this time, as criminal charges have not been made to date. Mr. March stated the Council could charge a fine after criminal charges were determined. Council Member Nelson stated she would like to see the City have a no tolerance policy with this issue. City Attorney Hoeft stated in other communities they look at prior offenses, number of criminal charges, and training received by bar tenders before a punishment is charged. Mr. March stated the proprietor ofthe Trio Inn was not in the establishment when the incident occurred and he wants the Council to know this is not the practice of the establishment. Anoka County Highway Improvement Plan Mayor Wilharber reviewed the upcoming plans of Anoka County roadways. He indicated the County is looking to overlay Birch Street from Centerville Road to Hodgson Road this year. Mayor Wilharber noted Main Street has also been identified for improvement in the year 2010 at a cost of$6,772,785. Council Member Nelson asked if an interchange would be added at I-35W and County Road 14. Mr. March stated items beyond five years may not have been updated within the current plan. Road Re-Construction - Heritage Street and LaMotte Drive Mr. Peterson stated he drafted a letter to the City regarding preliminary costs of reconstructing Heritage Street and LaMotte Drive. He explained it was roughly 1,770 feet from Centerville Road to the west City limits. Mr. Peterson reviewed three options to reconstruct the roadways with costs ranging from $20,000 to $220,000. He indicated the City ofLino Lakes would not be reconstructing their sections of these roadways until 2002. Mr. Peterson recommended the cities reconstruct this roadway at the same time. Mayor Wilharber asked that the City continue communication with the City of Lino Lakes for this project and it be a joint effort. Mr. March stated the City would want to keep the residents apprised of the situation as welL Park and Ride Site Request/Livable Communities Act - Demonstration Grant Mr. March explained he discovered a grant program through the Met Council's Livable Communities Act that would work well for the City of Centerville. He explained the deadline has been extended for this program and the City could apply for several projects, one being a Park and Ride site. Page 8 of 12 Mr. March explained there is $6.9 million available for grants and an additional $3 million for projects that enhance transit opportunities. He stated the current Park and Ride lot within the City is located at the Tom Thumb. Mr. March indicated the Tom Thumb owners would like the site moved by June 1,2000. Mr. March proposed demolishing the two public works buildings, that all wells be capped, and to use this site for a community area with streetscapes. He stated financial incentives could be offered to potential developers to meet the needs of the City. Mr. March noted that a municipal parking 10tIPark and Ride would also be planned on a portion ofthe block. Mr. March stated he met with a representative of Lorenz Bus Service and Met Council and both were in favor of the proposed changes. He explained a five- page proposal would need to be submitted to Met Council by June 2, 2000 from the City and no local match would be required for the grants. He stated the grants were designed to encourage mixed-use compact development. Mr. March indicated the proposed changes would put the vacant properties back on the tax roll and would encourage development in the area. He stated this would also be a financially feasible solution for the City. Mr. March asked that the Council allow staff to submit a grant and a special meeting be held on May 31, 2000 to discuss this proposal in more detail, along with Ordinance #4. Council Member Sweeney stated he was in favor of the grant proposal but asked if control could be maintained through this development. He stated he would like to see the municipal building placed on this site as well. Mr. March agreed with the comments and stated Met Council is looking for future phases of development within the proposals, which would fit with the municipal building upgrade needed. He stated the timing is right for funding needed to update the downtown area with additional phases. Council Member Nelson asked if a core group of citizens were working on this proposal Mr. March stated he hopes the Council would work with this issue and future phases would be brought to the residents. Council Member Nelson stated this was a wonderful venture for the City and she is excited about the prospects. Council Member Travis stated he was excited for this venture as well. He indicated that a consultant may want to be addressed for future grants. Mr. March stated he would keep this in mind and those residents affected by the project would also be notified of the upcoming changes. Council Member Broussard Vickers stated she was in favor ofthe project and was excited to hear the Park and Ride would be expanded. Mayor Wilharber agreed this was a tremendous idea but stated concern about taking any property off the tax rolls. He explained that additional commercial and industrial prospects would lower the tax burden on the residents of the City as well. Page 9 of 12 Motion by Mayor Wilharber. seconded by Council Member Sweeney to allow for temporary parking at the public works site as a Park and Ride and to authorize staff to draft a grant proposal for Met Council funding and a special meeting be held on May 31. 2000 to discuss this item in more detail. All in favor. Motion carried unanimously. Cable Operator Resignation and Receptionist Position Motion by Council Member Travis. seconded bv Council Member Nelson to accept the resignation of the Cable Operator. All in favor. Motion carried unanimously. Mayor Wilharber read through the Cable Operator and Receptionist position advertisements. Motion by Mayor Wilharber. seconded by Council Member Nelson to accept the language submitted by Staff for the Cable Operator and Receptionist positions for the City as stated. All in favor. Motion carried unanimously. Ordinance #4 Carl Solberg, 1800 Center Street, stated he is concerned with the Ordinance and if he is going to be restricted from building a shed on his corner lot. Council Member Sweeney stated the Council is working on this Ordinance to better define side and rear yards. Mayor Wilharber encouraged Mr. Solberg to contact the City Building Inspector to review his plans before this issue moved forward with the Council. Mr. Solberg stated he is waiting to hear back from the City Building Inspector on his plans and he was going to review Ordinance #4. Mr. March noted that accessory structures are allowed on all lots within the City and they do have to meet standards set within the Ordinance. He indicated that accessory structures would be approved by staff unless there were issues that did not meet City Ordinance. Motion by Council Member Travis. seconded by Council Member Nelson to hold a joint meeting with the Planning and Zoning Commission for further discussion on Ordinance #4 on May 31. 2000 at 6:00 p.m. All in favor. Motion carried unanimously. City Administrator Evaluation Mayor Wilharber noted this item would be discussed under an Executive Session for the City Council. Page 10 of12 Centennial Fire District 2001 Budget Approval Mayor Wilharber stated the 2001 Budget needs approval or suggestions from the Council. Motion by Mayor Wilharber, seconded by Council Member Nelson to approve the Centennial Fire District 2001 Bud2et. All in favor. Motion carried. (Sweenev abstained). X. CONSENT AGENDA - None. XI. COMMITTEE REPORTS . Council Member Travis stated the Business Appreciation Dinner went extremely well. Council Member Nelson concurred. XII. ADMINISTRATORS REPORT Mr. March indicated the Centennial Lakes Police Department is looking to hold a joint meeting to discuss the 2001 budget on either June 19 or 22,2000. The Council stated they would be in favor ofthe June 19,2000 date. Mr. March stated at the last watershed meeting a representative from the district watershed, a watershed engineer, and numerous other city representatives were present to discuss Clearwater Creek. He noted the watershed decided to place a culvert in the creek, which would not affect the 100-year flood zone. Mr. March stated he asked numerous questions regarding this project and received vague and unclear answers. He noted that he felt the watershed district was going through with this project for the City of Hugo to assist with the current ditch problems. Mr. March indicated that by the end ofthe meeting, the project was scrapped and will be brought back to the drawing board. Council Member Broussard Vickers asked how the watershed could be slowed down on this project. Mr. March stated that the minutes need to be closely reviewed and the City of Hugo needs to be monitored so that future public hearings are attended by City Staff due to the fact the City would be impacted by down stream water flow of this project. Mayor Wilharber asked if a letter should be drafted to the watershed regarding down stream impacts. Mr. March stated this could be done to keep the City of Centerville on top of all watershed issues. XIII. ADJOURNMENT Motion by Mayor Wilharber, seconded bv Council Member Nelson to adjourn the l\1ay 24, 2000 Council Meetin2 to executive session at 9:05 p.m. All in favor. Motion carried unanimously. Page 11 of12 Motion by Council Member Broussard Vickers, seconded by Council Member Nelson to adjourn the May 24, 2000 Council Meeting at 9:44 p.m. All in favor. Motion carried unanimously. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 12 ofl2 CITY OF CENTERVILLE CITY COUNCIL EXECUTIVE SESSION MEETING May 24, 2000 9:15 p.m. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Mari Nelson ABSENT: None ST AFF: City Attorney, James Hoeft City Administrator, Jim March I. CALL TO ORDER Mayor Wilharber called the May 24, 2000 City Council Executive Session meeting to order at 9:15 p.m. ) / II. CITY ADMINISTATOR EVALUATION Mayor Wilharber noted the Council is responsible for evaluating the City Administrator on a yearly basis. He stated Mr. March completed a memo of notable events and accomplishments over the past year for the Council's review. Council Member Sweeney stated he was very happy with the services provided by Mr. March and was happy to see that he is involved with City sponsored events. Council Member Nelson indicated that Mr. March is a "bright shining star" for the City and the Council could not ask for a better City Administrator. She stated she was happy about the tri-city police, computers being networked, trails being paved, and the work on Ordinance #4 during the past year. Council Member Nelson stated that Mr. March works well with staff and Council. She noted that she appreciates the role that Mr. March has taken in the community. Council Member Nelson explained the only improvement she could see would be in documentation of City Staff She recommended that the City provide this documentation for employees and their concerns to protect the City and Mr. March. ) / Mr. March stated the way he was schooled and from discussions with other City Administrators, it is the normal practice to document every confrontation with I City personnel. He explained that he doesn't feel full documentation is necessary at this time and it is not the norm for other municipalities. Mr. March noted that past personnel events were handled with the utmost care and attention to details with the City's liability in mind. Council Member Travis stated he appreciates the work Mr. March does. He stated he enjoys Mr. March's involvement in the City. Council Member Broussard Vickers indicated there were a large number of people involved in the issues that were completed in the past year and stated Mr. March's involvement was crucial on each issue. She stated that Mr. March is knowledgeable and dependable for the Council. Council Member Broussard Vickers explained that Mr. March's enthusiasm about the City shows and she appreciates his many efforts. Mayor Wilharber stated the City hired Mr. March four years ago to avoid micro management and noted he felt this has been a great success. He explained that Mr. March's mentoring has been great over the past four years with employees and through his deep involvement with the City. Mayor Wilharber indicated that he does not feel documentation should be a concern at this time, due to the fact past matters were handled professionally. ) Mr. March thanked the Council for their positive input. He stated he likes the community and the local involvement as well. Mr. March indicated that the atmosphere has completely changed in the four years he has been present at the City, which he feels is a great success. He stated he has an excellent Council to work with which affects his success. Mayor Wilharber asked that the Council members consider a raise for Mr. March and the percentage appropriate, which would be discussed at the next Council meeting. III. ADJOURNMENT Motion bv Council Member Travis. seconded by Council Member Sweeney to adiourn the May 24. 2000 Council Meetine: Executive Session at 9:43 p.m. All in favor. Motion carried unanimously. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. 2 1\..pprUVl:U CITY OF CENTERVILLE CITY COUNCIL MEETING May 10, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on May 10,2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Mari Nelson ABSENT: None STAFF: City Attorney, James Hoeft City Engineer, Tom Peterson I. CALL TO ORDER Mayor Wilharber called the May 10, 2000 City Council meeting to order at 6:05 p.m. II. PUBLIC HEARING (S) Ordinance #4 Mayor Wilharber stated the Planning and Zoning Commission has been working on this Ordinance along with Council Member Broussard Vickers. Council Member Broussard Vickers suggested having this item heard by the public and then discussed later in the meeting amongst the Council Members. The public hearing was opened at 6:09 p.m. Ray Devine, Planning and Zoning Member, stated there are still several definitions lacking within this Ordinance. Mr. Devine stated the grand-fathering within this Ordinance would also need greater clarification. He suggested that all concerns be placed in writing and brought back to the Planning Commission for further discussion. Council Member Broussard Vickers indicated a memo from each Council Member addressing changes may be a more efficient way of reviewing this Ordinance. Motion bv Council Member Broussard Vickers. seconded by Council Member Nelson to table the public hearing and discussion of Ordinance #4 to the May 24. 2000 City Council Meeting. All in favor. Motion carried unanimously. Page 1 of9 Hunters Crossing - Special Assessments City Engineer Peterson reviewed the Hunter's Crossing Improvements and Special Assessments with the Council. He stated this hearing allows the City to address any issues residents may have with proposed assessments. Mr. Peterson stated this project is a little more costly than other projects due to the fact the City is not able to open up the County Road but would have to jack under the roadway. Mr. Peterson stated the total cost for the project is $189,000 for twelve inch sewer and water lines. Mr. Peterson explained Mr. Carlson, the developer, would be paying roughly 53% of the assessment value for those along Centerville Road and those residents would be responsible for the 47% of the remaining assessments. Mr. Peterson explained the sanitary sewer and water cost were based on a square footage of front yards per each residential lot. He asked for comments and questions from the Council and residents. The public hearing was opened at 6:14 p.m. Ken Vanderbeke, 6892 Centerville Road, stated he has 2.7 acres and over half is low land, which could not be developed. He stated his assessment is almost $30,000 and the connection was not even to his house yet. Mr. Vanderbeke stated he was not in favor of this assessment because it does not offer his property an increased value of $30,000. He added that he is disappointed with the fact the outlet road will point straight at his house. Ben Henrich, 6945 Centerville Road, asked why there were no assessments down the east side of Centerville Road. Mr. Peterson stated Center Street would be assessed at the time the water hook ups were be connected. Mr. Henrich asked why the fee for the proposed assessments was higher than those proposed in past years. Mr. Peterson stated the watermain costs within the Parkview Development was not assessed to those along Centerville Road and was only the fees for service to the house. Larry W oiak, 6925 Centerville Road, stated nine property owners would be paying for the majority of the service for a new development and he disagreed with the proposed assessments. Council Member Broussard Vickers asked why the pipelines were not on the same side of the street. Mr. Peterson stated there is more room on the east side of the street and there is very little room for the sewer line, let alone adding water pipelines. Council Member Broussard Vickers asked if costs would be reduced if the pipelines were on the same side of the street. Mr. Peterson stated the services side ofthe fees may be reduced slightly. Page 2 of9 Mayor Wilharber asked if both pipelines could then be placed on the east side of the roadway. Mr. Peterson stated this was addressed but the pipes would have to be ten feet apart and that the ditch on the east side is deeper which could be a problem for sewer lines. Mayor Wilharber asked why a fire hydrant was needed at Center Street. Council Member Sweeney stated this was the most logical placement for the hydrant and would allow for Centerville Road to stay open at the time of an emergency. He added that there would be a greater need for the hydrant at this comer with the density of the area neighborhoods. Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to close the Hunters Crossing Special Assessment public hearing. Motion carried unanimously. Mayor Wilharber indicated Mr. Henrich's submitted a letter of complaint to the City for the proposed assessments. III. APPEARANCES/AWARDS IV. CONSIDERATION OF MINUTES April 26, 2000 Council Meeting Minutes Motion by Council Member Nelson. seconded by Council Member Travis to approve the April 26. 2000 Council meeting minutes as submitted. Motion carried. V. PAYMENT OF CLAIMS The City ofCenterville April 27 through May 10,2000 Motion by Council Member Nelson. seconded by Council Member Sweeney to approve the expenditures for the City from April 27. 2000 through May 10.2000. (Broussard Vickers abstained). Motion carried. VI. SET AGENDA The following items were added to the agenda under New Business: . Ordinance 4 Discussion . Hunter Crossing Discussion . WB Miller - Overweight Permit . Anoka County Youth Services Discussion . Jim March's Performance Review at the Next Meeting . County Bank Discussion Motion by Council Member Nelson. seconded by Council Member Sweeney to approve the agenda with the noted additions. Motion carried unanimously. Page 3 of9 VII. PETITIONS AND COMPLAINTS Stop Sign Request - 73rd Street Mayor Wilharber noted Elizabeth Larson of 1882 73rd Street submitted a petition to the City for a stop sign in her neighborhood due to the rising amount of high-speed traffic on her street. He explained this item was tabled at the April 12, 2000 and April 26, 2000 meeting to allow the police department to gather additional information for this area. The Council asked that this item be placed on the next meeting agenda for action once the police department reports back to the Council. Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to table this item to the May 24. 2000 City Council Meeting. Motion carried unanimously. Borowicz Request for Approval of Satellite Enclosure at Acorn Creek Park Mayor Wilharber read through the request for a satellite enclosure at Acorn Creek Park. He explained Craig Borowicz was interested in enclosing two sides of the satellite located in Acorn Creek Park. Council Member Nelson noted she was in favor ofthe request. Council Member Travis asked if a location has been determined for the satellite. Paul Palzer, Public Works Director, suggested this be left up to the Park and Recreation Commission. He explained placement of the satellite is important to allow for handicap access from the park and trail system. Aimee Fairbrother explained Craig Borowicz was delayed and not able to attend the meeting but would follow any and all Council suggestions. Mayor Wilharber stated this was a great suggestion and would improve the area greatly. Council Member Travis suggested this fence be two sided and if a third side was added, the Park Commission providing funding for the extra section. Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to approve the fence subject to the polling of Park and Recreation Commissioners with their suggestions. Motion carried unanimously. VIII. UNFINISHED BUSINESS - None. Page 4 of9 IX. NEW BUSINESS Overweight Permit - Municipal Builders. Inc. Mayor Wilharber stated Municipal Builders, Inc. was requesting an overweight permit to allow for nine tons per axle from Main Street to LaMotte Drive until October 1,2000. Mayor Wilharber asked how many loads would be hauled on this roadway. Chris Sluiter stated there would be approximately 60 loads of concrete and steel hauled to rebuild lift station L-4. Mayor Wilharber asked what type of damage could be expected from this hauling. Mr. Peterson stated the road is currently patched and this regeneration would continue through the overweight hauling. Scott Denz, Metropolitan Council Project Manager for Lift Station L-4, stated he was present to address any questions the Council may have. Mr. Peterson asked if a forcemain was on this site at this time. Mr. Denz stated there was a forcemain on the work site with a 20 foot easement. Mr. Peterson asked if Municipal Builders had considered driving the loads cross-country over the 20 foot easement versus existing roadways. Mr. Denz stated he would like to see the loads brought in on the existing roadways and the City would be compensated for any and all damages caused by the hauling trucks. Council Member Travis asked that this roadway be monitored to keep the compensation accounted for. Council Member Broussard Vickers asked when this project would begin. Mr. Denz stated this project would begin no sooner than June 1,2000. Mayor Wilharber asked what route would be taken. Mr. Sluiter stated he would respect whichever route the Council approved. Mayor Wilharber stated the best route would be down Centerville Road to Heritage. Council Member Broussard Vickers asked if there would be a limitation to the patching allowed on LaMotte. Mr. Denz stated he is not interested in replacing the entire roadway for the City but would be responsible for filling any and all potholes that were caused during the truck hauling period. Council Member Broussard Vickers asked that the permit be approved for the first portion of hauling. The Council Members concurred. Council Member Travis stated he would like to see the developer held accountable for pothole damages to the roadways through a bond of$15,000 for repair. Motion by Council Member Sweeney, seconded by Council Member Broussard Vickers to approve the Overweight Permit for Municipal Builders, Inc. from Main Street to 6990 LaMotte Drive until October I, 2000 with a $15,000 bond to be held Page 5 of9 by the City for damaged roadway repair. All in favor. Motion carried unanimously. Ordinance #4 Council Member Broussard Vickers asked if any Council Members have received feedback from the public at this time. Council Member Nelson stated she knew of one resident who was upset with the Ordinance language. Council Member Broussard Vickers asked that the Council Members draw their comments together and set a date for an additional meeting to review the Ordinance in greater detail. Council Member Nelson asked if comments and suggestions should be brought to the Planning Commission or to staff. Council Member Broussard Vickers asked that all comments be brought to staff. She noted all changes within Ordinance 4 were brought about based on complaints to the City. Hunter Crossing - Special Assessments - Discussion Council Member Broussard Vickers asked how the City was responsible for assessing sanitary water and sewer services. Mr. Hoeft stated the linear assessment is not effective for this development and the pro rata approach may serve the residents more effectively. He stated he had no problem with the methodology used for the proposed assessments but if the dollar amount exceeds the benefit to the property, it would need to be reviewed. Mr. Hoeft explained that if the assessments were not collected in whole from property owners the City would be responsible for the difference. Council Member Nelson asked who would be responsible for appraising the benefit to each property. Mr. Hoeft stated residents could have an appraiser look at the lot to determine the benefit to the property and the City would retain an appraiser to do the same. Mr. Vanderbeke asked how a portion of an assessment could be deferred until a lot was subdivided. Mr. Hoeft explained that if a resident requested a deferred assessment, the Council could set a date for expiration. He stated the deferred portion would continue to gain interest but would lessen the financial strain of the present assessment. Council Member Broussard Vickers inquired regarding the cost to connect to the City sewer and water. Mr. Peterson stated the fee to connect would be roughly $2,000 to $2,5000 with additional funding needed to cap any wells on site. Council Member Broussard Vickers asked if one stub would serve a lot that would be subdivided into several lots. Mr. Peterson stated additional stubs would need to be added in the future if the lot were to be subdivided. Council Member Broussard Vickers asked if the residents had to hook up to City water and sewer. Mr. Hoeft stated that all wells and septic sites become a pre-existing non- conforming use once stubs are to a lot and a resident would have to hook up within one Page 6 of9 year to sanitary sewer. He noted water would not have to be used until the well system fails. Council Member Travis asked why the developer was not responsible for 53% of the total project cost. Mr. Peterson stated the developer should not have to be responsible for trunk fees along the park or for the $35,000 fee to extend City trunk sewer. Council Member Travis questioned who would be responsible for further extensions to the water and sewer to the south. Mr. Peterson stated future developers and properties to the south would be responsible for these fees. Council Member Broussard Vickers stated Mr. Vanderbeke's property is a concern at this time due to the proportion of value added versus the amount of his assessment. She explained this lot could only be subdivided into two lots and this lot could only sell for roughly $40,000, which would only cover the cost of his assessment to one lot. Council Member Nelson asked who would be responsible for paying an assessment if a petition was approved by a Judge in court. Mr. Peterson noted the City would be responsible for paying the assessment through the general fund. Mr. Carlson stated he would schedule a meeting with Mr. Vanderbeke to discuss the current assessment and if the fee could be negotiated. Mr. Vanderbeke asked if the water line could be brought down the entire east side ofthe roadway. Mr. Peterson stated this could be possible to allow for a better stub location on the Vanderbeke property. Mayor Wilharber asked ifboth pipelines could be placed on the west side ofthe roadway. Mr. Peterson stated the west side of the roadway is extremely tight and the directional jackings were more expensive than the directional borings for service stubs. Motion by Council Member Sweeney. seconded by Council Member Nelson to accept the Preliminary Report and Authorize the Plans and Specifications for Hunters Crossing. All in favor. Motion carried unanimously. Mayor Wilharber indicated that Mr. Vanderbeke presented the Council with a written statement to contest the assessment for his property. Overweight Permit - WB Miller Mayor Wilharber read through the permit request and stated the overweight permit requested was needed for LaMotte Drive. Council Member Broussard Vickers asked which roadways would be traveled for this construction. Council Member Sweeney stated this permit would be hauling from Heritage and LaMotte Drive to LaMotte Park. He explained the hauling would benefit the City by providing a trail to the City through grant funding. Council Member Sweeney stated a bond could be requested for this permit, as well, to hold them accountable for the trucks hauling on City roadways. Page 7 of9 Council Member Nelson stated this project would require 30 loads on LaMotte Drive along with the previous request and it would be difficult for the City to determine which hauling company was damaging the roadway. She indicated she would like to see this item tabled until further information could be gained from the applicant. Council Member Broussard Vickers stated this applicant does have an alternative route and encouraged that route to be used. Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to deny the Overweight Permit for WB Miller from Main Street to LaMotte Drive and suggest they use the alternative route previously used or reduce the weight limit. All in favor. Motion carried unanimously. Council Member Travis asked that road weight restrictions be placed on a future agenda for further Council discussion. The Council concurred with this suggestion. Anoka County Youth Services Council Member Nelson brought the Quad Press article to the attention of the Council. She noted a committee is being brought together to assess the needs of youth in Anoka County. Council Member Nelson asked that Staff follow this committee and update the Council at a future meeting. Mayor Wilharber explained this was an important issue to eliminate future problems. Council Member Broussard Vickers suggested staff draft a letter to Anoka County Commissioner Langfeld to request a copy of all board minutes and updates. Council Member Nelson stated this was a good suggestion. Motion by Council Member Broussard Vickers. seconded by Council Member Travis to direct staff to write a letter to Anoka County Commissioner Langfeld requesting a copy of all minutes and updates of the Youth Services Committee. All in favor. Motion carried unanimously. Jim March's Review Mayor Wilharber stated a review of Jim March's performance would be completed at the May 24, 2000 meeting through an executive session after the Regular City Council meeting adjourned. County Bank Discussion Mayor Wilharber noted the County Bank will be before the Planning and Zoning Commission in the near future to allow them to place a temporary trailer on the site while construction was completed. He explained the bank was also interested in a monument sign as entering the City. Page 8 of9 Mayor Wilharber indicated he would like to see the City place funding in this bank as a gesture of good will to show support for the local bank. Council Member Nelson was in favor of this gesture to show support of local businesses. Motion by Council Member Nelson. seconded by Council Member Travis to advise staff to review funds that could be available for the purpose of putting them into County Bank as a good faith gesture. All in favor. Motion carried unanimously. x. CONSENT AGENDA Successful Completion of Training Period for Public Works Employee - Tedd Peterson Motion by Council Member Sweeney. seconded bv Council Member Nelson to appoint Tedd Peterson to a permanent regular employee as of May 10. 2000. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS . Mayor Wilharber stated the Police Commission is looking for a new officer and was back-grounding them at this time. He stated an offer would be made shortly. Mayor Wilharber stated the Corporal position would be put forth to the committee next week. He indicated the Centennial Lakes budgeting information was presented to the City for start up costs, etc. Mayor Wilharber stated a National Guard representative has been contacted for Festival of the Lakes. He noted troops and a tank type piece of machinery would be brought in for the Festival. XII. ADMINISTRATORS REPORT There was nothing new at this time. XIII. ADJOURNMENT Motion by Council Member Sweeney. seconded by Council Member Nelson to adjourn the May 10.2000 Council Meeting at 8:36 p.m. All in favor. Motion carried unanimously. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 9 of9 Approved I CITY OF CENTERVlLLE CITY COUNCIL MEETING April 26, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on April 26, 2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Mari Nelson ABSENT: None STAFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Tom Peterson 1. CALL TO ORDER ) / Mayor Wilharber called the April 26, 2000 City Council meeting to order at 6:00 p.rn. n. PUBLIC HEARING (S) - None. In. APPEARANCES/AWARDS Citizen ofthe Year - Aimee Fairbrother Mayor Wilharber presented Aimee Fairbrother with the Citizen of the Year Award in recognition of her dedication, service, and outstanding contribution to the City ofCenterville. He thanked Ms. Fairbrother for her many contributions to the community and as an employee. Ms. Fairbrother stated she appreciates the award but her greater award is the appreciation expressed by the children ofthe community in the parks, schools, and church. She stated it is an honor to received this award and thanked her husband for his help and assistance with the projects she is involved in, for their daughter's support, as well as the support of her friends. Centerville Historical Preservation - Mary Capra ./ Mayor Wilharber introduced Mary Capra who was a representative for the Centerville Historical Preservation Society. Page 1 of 12 Ms. Capra explained that the Lions contributed about $1,000 several years ago which has been used to gather a photograph display for the Council Chambers. She explained her involvement in historical preservation and advised that about $6QO remains in the fund. Ms. Capra explained she provides history preservation talks to schools and civic organizations and during these presentations, she uses the photographs from the Council Chambers. She explained she would like to reproduce some of the photographs so they can be mounted on foam board for those presentations and to also place the photographs on CD. Ms. Capra stated Robert Thein is knowledgeable about genealogy and history of families, many from this area, and has offered to provide that information. However, there is no place for storage so they would like to purchase zip tapes to store that information. She stated if a computer were to become available in the future, she would appreciate it being made available for this use so others can retrieve the information. Mr. Thein has volunteered his assistance once per month at the City Hall to assist anyone interested in retrieving such information. She estimated the costs for these projects to be $280. Council Member Nelson asked if that cost includes reproduction of the Council Chamber photographs and placing them on CD. Ms. Capra answered affirmatively. Council Member Nelson asked if the costs will be funded from the Lion's contribution. Ms. Capra stated that is her request and advised there may be some additional cost for frames to match the current ones. Mayor Wilharber stated this is a small cost to pay for maintaining this type of history for Centerville residents. Motion by Mayor Wilharber. seconded by Council Member Nelson. to authorize the expenditure of $280 to $350 and to authorize the donation of any older computer to the Historical Association. All in favor. Motion carried unanimous~ IV. CONSIDERATION OF MINUTES Apri112. 2000 Council Meeting Minutes Mayor Wilharber requested a revision on Page 1 to correct spelling of Jerry F~ust's name. Council Member Sweeney requested a correction to Page 3, sixth paragraph, to strike the first sentence. Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to approve the April 12. 2000 Council medinS! minutes as corrected above. All in favor. Motion carried unanimously, Page 2 of 12 IV. PAYMENT OF CLAIMS The City of Centerville April 13 through Apri126. 2000 Council Member Nelson inquired regarding a computer upgrade. Mr. March advised it includes software and annual support services. Motion bv Council Member Travis. seconded by Council Member Nelson to approve the expenditures for the City from April 13. 2000 throu2h April 26, 2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to approve the Centennial Fire District expenditures. All in favor. Motion carried unanimously. Final Pay Estimate - Acorn Creek Mr. Peterson explained this is for Gerald Rehbein's Acorn Creek Addition from 1986 or 1987 for $25,616, mostly from retainage, wearcourse, and sidewalk on Revoir Street. Motion by Council Member Broussard. seconded by Council Member Sweeney to approve the Final Pay Estimate for Acorn Creek in the amount of $25.616 to Rehbein. Inc. All in favor. Motion carried unanimously. V. SET AGENDA The following items were added to/removed from the agenda: . Add to Unfinished Business, #1. Lift Station No.2 Renovation Plans and Authorize Advertisement for Bids. . Remove from Consent Agenda, #1, Accept Resignation of Part-time Receptionist, for discussion (Mayor Wilharber). Motion by Council Member Travis. seconded by Council Member Sweeney to approve the a2enda with the chan2es indicated above. All in favor. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Tree Removal Complaint ) Mayor Wilharber reported he received a telephone call about removal of Christmas trees in Eagle Pass which the caller thought belonged in a common area. Mayor Wilharber stated he visited the site and found the area in question belonged to Swift Construction and they were spacing out trees and transplanting them Page 3 of 12 elsewhere on the site. He stated the police responded quickly which he appreciated. Mayor Wilharber stated he told the officer that the property belonged to Swift Construction and allowed the tree removal company to continue their work. Mr. March stated those trees were on an outlot and he has told the contractor to fill in the holes that were left behind when the trees were removed. Stop Sign Request - 73m Street Elizabeth Larson (1882.73rd Street) submitted a petition to the City for a stop sign in her neighborhood due to the rising flow of high-speed traffic on her street. Mr. March stated he talked with the Police Chief about updating the speed study with an unmarked squad car. The Police Chief stated they would do so and update the speed study for early morning and late afternoon hours. Mayor Wilharber stated he spoke with Mr. Rehbein of Rehbein Transit to address the concern of speeding busses. Mr. Rehbein asked them to report the bus numbers, time of day, and dates so he can narrow down the issue and respond. Council Member Nelson asked when that information will be received. Mr. March estimated by the next Council meeting. ) Council Member Travis asked if there are too many kids for a 30 mph zone, and if a stop sign may be needed even if vehicles are staying under 30 mph. Council Member Nelson suggested that be addressed once the report is received on the speed of traffic. Mr. March suggested that a police officer be invited to a meeting so they can respond. He noted the past indication that stop signs do not actually slow the speed of traffic and, in some cases, can speed traffic. The Council agreed with the suggestion to invite a police officer to an upcoming Council meeting. Council Member Broussard Vickers stated if they are not recommending a stop sign installation, she would like to know why. Council Member Nelson stated she has visited the site and agrees cars speed through that area. Council Member Broussard Vickers stated she witnessed the same, that cars are impatient at 20 mph. VITI. UNFINISHED BUSINESS Lift Station No.2 Renovation Plans and Authorize Advertisement for Bids Page 4 ofl2 Mr. Peterson presented a new option, identified as Option A, that was added for a standard type of life station, similar to current lift stations in Centerville. He stated they will arrange the proposal packets to contain both options since they work just as well. He stated he thinks Option A may be less costly and less obtrusive visually. Mr. Peterson advised of the anticipated time table with the project to be considered at the May 24, 2000 Council meeting. Motion by Sweeney, seconded by Broussard Vickers to approve Lift Station No.2 plans and authorize advertisement for bids. Council Member Travis asked staff to invite the interceptor contractors to submit a bid since they are in the area. All in favor. Motion carried unanimously. IX. NEW BUSINESS Role of Economic Development Committee (EDC) Council Member Nelson stated she has received telephone calls from businesses who would like the Council to review the role of the EDC. She called several other businesses to obtain their opinion on what it should be and what they would like to see. She estimated there are 50 Centerville businesses and reported the following comments were received: . Frustration in dealing with the City when they wanted to build a building or an addition and the length of time the process takes due to tabling. They prefer something more ''black and white" so it is known what the process is at the on start. . Beautification of the 20th Avenue area, adding street lights and landscaping, since it may bring in new business to Centerville. . More TIF eligibility. . Meeting room availability for businesses to meet together. . The businesses did not feel they had a "voice" in the City. Council Member Travis stated he is the EDC liaison for the Council and agreed the issue of the exact role ofthe EDC was raised. He stated he was unable to answer that question but he believes the EDC is extremely busy and doing excellent work for the City. He stated some ofthat work is for the businesses in the City but most of the time it is for the good of the entire City. He asked if there is something else the EDC could be doing for businesses. Council Member Travis stated the EDC is open to suggestions and with the loss of the staff liaison, these issues may be brought to the forefront. Council Member Broussard Vickers asked why business owners did not attend an EDC meeting to voice those comments. She stated that using the EDC in a Commerce role may be easy to accomplish if they attend a meeting to discuss that issue. She suggested that the business owners be invited to a future EDC meeting Page 5 of 12 for that purpose. She also suggested that when a new business comes to Centerville, the EDC place an ad welcoming them or they could periodically recognize existing businesses. Mayor Wilharber stated in a past newsletter an article was published on Eagle Trucking, which he thinks is of interest to Centerville's residents to keep them informed. Council Member Broussard Vickers stated most business professionals would be willing to attend a meeting to talk about services they provide. Mayor Wilharber suggested that at the Business Appreciation Dinner, businesses be asked to introduce themselves and comment on what they would like to get from the EDC. Mr. March noted that Centerville is a small community so there can be frustration resulting when additions are already underway before they contact the City Hall and learn a permit is required. Mary Capra stated the EDC has changed in its membership and after the design team project and follow-up visits, there was some downtime used to reorganize. She agreed the EDC can evolve into a group that better serves the community businesses. She asked if the EDC should prepare some recommendations for Council consideration. Council Member Nelson asked the EDC to talk with businesses to determine what they are looking for and then the EDC can decide what they want to do and if they want to change their role. Ms. Capra commented on a State survey that was conducted and suggested that a similar survey be distnouted at the upcoming Business Appreciation Dinner to gather additional input. Council Member Travis stated he is hearing negative comments toward the City Council at EDC meetings about issues considered by the Council such as a recent approval on a setback variance. Council Member Nelson stated she is thrilled with all the EDC has accomplished and contributed to Centerville. Mayor Wilharber stated that appreciation goes to all of the City's committees who contribute greatly. Resolution 00"09 - Business Subsidy Policy Mr. March indicated the City has to adopt a formal Business Subsidy Policy to stay in compliance with State law. He explained the Subsidy Policy was quite broad to meet the requirements of the new law. Mr. March noted the policy had to be Page 6 of12 adopted in order to continue to offer tax increment financing and tax abatements as economic development tools. He stated this policy is being suggested by Ehlers and Associates. Mr. March noted the attendance of Rich Tuomi, Odyssey Lures, and reviewed his proposed project to construct a building. In 1997, a development contract for a pay-as-you-go TIF project was signed for Odyssey Lures but not executed by the developer. However, they now wish to execute the contract. Mr. Hoeft stated he reviewed the resolution and cover letter and found no issues. He stated he has not reviewed the updated development contract which is being reviewed by Kennedy & Graven on behalf of the City. He stated he reviewed the business subsidy policy which is in a general form and meets Statute requirements. Mr. Tuomi stated he talked with Shelly Aldrich regarding new computations so once those final numbers are known she will be advised and the contract can then be completed for review. He stated he has worked on this project for about two years, the bids have been received, plans reviewed, and they are set to go once this final piece is completed. Motion by Council Member Sweeney~ seconded by Council Member Nelson to approve Resolution 00-09 ree:ardine: the Business Subsidy Policy. AU in favor. Motion carried unanimously. '\ / Mr. March stated the attorney indicated since the dollar amounts are not being changed, only the dates, a new public hearing is not required to be held. Mr. Tuomi stated they would like to more forward immediately. Motion by Council Member Broussard Vickers~ seconded by Council Member Travis to approve Resolution 00-10 authorizine: Resolution. All in favor. Motion carried unanimously. Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to reaffirm approval of contract for private development between Centerville and Essex Boldine:s LLC alone: with any ancillary documents beine: the investment letter and promissory note. All in favor. Motion carried unanimously. Mr. Hoeft was excused from the meeting at 7:07 p.rn. Agreement for Residential Recycling Program Mr. March presented the agreement with Anoka County which requires Centerville to offer residential recycling in order to be eligible to acquire SCORE funding from the County. ) j Page 7 of 12 Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to approve the Residential Recycling Program as submitted by Staff. All in favor. Motion carried unanimously. St. Genevieve's - Lawful Gambling Exemption It was noted that St. Genevieve's Church is requesting a gambling exemption from the State in regard to the gambling activities that occur at the annual chicken dinner. Motion bv Council Member Sweeney, seconded bv Council Member Travis to approve St. Genevieve's Lawful Gamblin2 Exemption. All in favor. Motion carried unanimously. Tax Increment Financing Assistance - First Class Concrete ) Mr. March indicated First Class Concrete has requested tax increment financing to assist in the development of their proposed speculative office/warehouse building on 20th Avenue. He stated they conducted soil borings and found they will need $75,000 to $100,000 in soil corrections. The building plans are complete but they do not know if the project is feasible due to the need for soil conditions. He stated he spoke with Ehlers about the possibility ofTIF eligibility and contacted the property owner to find out ifhe is interested in establishing the TIF district which generally costs about $5,000. Ehlers said the City could send a draft letter of intent which the property owner could show to finance agents to assist with obtaining financing. Council Member Sweeney asked why they are locating a speculative building on this site instead of across the street in the park where there are roads and utilities. Mr. March stated the applicant purchased the property on a contract for deed so they already have a substantial investment in the property. Council Member Nelson asked if that type of poor soil conditions qualifies them for TIF eligibility. Mr. March stated he did ask that question and learned the location of peat, wood, and poor soils is not considered a contaminated site, so the soil correction would be an economical consideration and result in additional costs. He reported a manufacturing business is interested in locating in this building if it is constructed. Mr. March asked if the Council is interested in establishing a TIF District and, if so, the amount of assistance that would be provided. He stated the Council may want to review engineering estimates for the soil correction. Motion by Council Member Sweeney. seconded by Council Member Nelson to establish a tax increment district with Ehlers for First Class Concrete and authorize staff to provide a letter of intent to First Class Concrete. Page 8 ofl2 Council Member Travis stated he would like to have the need for soil correction verified as well as the estimated costs. Mr. March explained there is a large range of assistance that would be provided and, at this point, it is not possible to determine that number. The letter of intent would indicate the Council is receptive to giving some level ofTIF but indicating no predetermined dollar amount. He explained that a district would not be established for assistance until the soil borings are examined and costs determined. All in favor. Motion carried unanimously. Bulk Water Fees Mr. March gave an overview of the request from the Rice Creek Chain of Lakes Regional Park to purchase water. He stated the City does not have a bulk water rate set at this time and staff recommends that the bulk fee be placed at $20 per load not exceeding 5,000 gallons per load. Mr. March added that additional charges of$3 per 1,000 gallons would be charged for loads exceeding 5,000 gallons. The water would be used for improvements being made in the park (compaction of soils, dust control, landscaping, etc). Council Member Broussard Vickers stated she would not support a contract arrangement so the City has the ability to stop the supply should there be a drought situation. ) Mr. March explained that a hydrant meter could be used to determine the amount of water being used. Council Member Travis suggested that a deposit be required for the meter so their usage can be deducted from the deposit when the meter is returned. Motion by Council MemberSweeney~ seconded by Council Member Nelson to authorize the purchase of a metered 2ate valve and approve the Bulk Water Fees at $20 per 5~000 2allons with the ability to stop supplyin2 water should there be a drou2ht condition. All in favor. Motion carried unanimously. X. CONSENT AGENDA Accept Resignation of Part- Time Receptionist - Aimee Fairbrother Mayor Wilharber stated the EDC mentioned the need for a replacement for Aimee Fairbrother who has resigned and accepted a position with a neighboring city. Mr. March stated a replacement will be assigned so the EDC meetings are covered. I , / Motion by Council Member Sweeney~ seconded by Council Member Broussard Vickers to accept the resi2nation of part-time Receptionist~ Aimee Fairbrother~ with re2ret. All in favor. Motion carried unanimously. Page 9 of12 One Step Increase to Step 7. Grade 9 for Public Works Director/Building Official - Paul Palzer Motion by Council Member Broussard Vickers. seconded by Council Member Nelson. to increase to Step 7. Grade 9 for Public Works Director/Buildintz Official Paul Patzer. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS . Council Member Broussard Vickers reported on work by the Planning Commission on Ordinance No.4 which will be updated and available for an informational meeting next week. . Council Member Travis stated the Fire Steering Committee reviewed the Fire Department budget for 2001 which was ratified with a minimal increase so some contingency money was included. ) . Council Member Sweeney stated the Park and Recreation Committee received a request to construct a BMX bike track. He noted that Shoreview has put in a track by their Community Center which draws many users. He stated the Committee will look into insurance for such an activity since it may be better to be involved with providing a park than allowing the youth to construct their own. Council Member Nelson stated her support to research this option. Council Member Travis stated he suggested youth attend the Committee meeting to make this request due to his fear that someone would be hurt at the dirt track they constructed. He stated that he was asked by several kids why a park is not being provided for them (12-15 year olds) since parks are provided for younger children. He agreed there is a need for this type of park for Centerville's youth. Council Member Sweeney stated the Committee will look into insurance information and liabilities, he will raise this topic at the next meeting. Council Member Broussard Vickers commented on the Shoreview Community Center park which is staffed full time and users are required to wear protective gear. She stated that her concern will be insurance costs. Motion by Mayor Wilharber. seconded by Council Member Nelson to direct staff to research liability issues. location options. and insurance costs for such a BMX bike track. Motion carried unanimously. . Council Member Sweeney provided an update on the City Festival event, parade route, and carnival. He stated they also received an outstanding Page 100f12 response from area businesses for donations. He thanked all who have donated funds and will be donating funds to assure this will be the best event yet. Mayor Wilharber noted that some residents have also provided contributions. XI. ADMINISTRATORS REPORT TIF Reporting Mr. March indicated he will be at the Manager's Conference and unable to attend the May 10, 2000, Council meeting. He stated he spoke with Ehlers and has documentation for the next TIP report. Mr. March advised that Ehlers has created software for TIF reporting and he would recommend they take over the TIF reports to avoid any possible communication problems. He stated Ehlers will also provide documents and reports on all ofthe previously established TIP districts. Mr. March stated the TIP process and procedures has become more complex and using Ehlers will ensure the correct process is followed. Paving Hockey Rink Protect Mr. March stated the Park and Recreation Commission has addressed paving the hockey rink with asphalt or concrete ($18,000-$20,000) so it is easier to flood the hockey rink, reduces water loss, and provide a location for year round use including rollerblading and half-court basketball. He stated the street dance could also occur in a paved hockey rink. Council Member Travis stated there are a lot of good reasons to pave the rink. He stated he asked the youth who made the BMX dirt track why they don't use LaMotte Park, and they indicated it is too far away. Mayor Wilharber suggested staff determine a more exact cost estimate and how it could be funded. Council Member Broussard Vickers stated it may be possible to find volunteers to finish the concrete. Upcoming City Administrator Review Mayor Wilharber stated he had asked Mr. March to prepare a report on his accomplishments which can be considered during his review. \ j Page 11 of12 XUI. ADJOURNMENT Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers to adiourn the April 26. 2000 Council Meetine: at 7:45 p.m. All in favor. Motion carried unanimously. Transcribed by: Carla Wirth, Recording Secretary TimeSaver Off Site Secretarial, Inc. \ \ ! , Page 12 of 12 Approveo CITY OF CENTERVILLE CITY COUNCIL MEETING April 12, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on April 12, 2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Mari Nelson ABSENT: None STAFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Tom Peterson I. CALL TO ORDER Mayor Wilharber called the April 12, 2000 City Council meeting to order at 6:04 p.m. II. PUBLIC HEARING (S) III. APPEARANCES/AWARDS Mayor Wilharber stated Mr. Todd Smith was present from Anoka County Assessing to address comments or concerns from residents on recent County assessments. Mr. Smith explained this meeting would hold the local Board of Review for Centerville to address concerns from property owners. He explained how it was dictated, reviewed the number of lots that were taxable, and the growth of the City. Mr. Smith reviewed a map of areas that will be assessed for 2001 as those being lots near the lake and south of town. He stated the Main Street area was done for year 2000. It was noted that Jerry Faust was also present to observe the meeting. Hearing no comments or concerns from the public, Mr. Smith asked that the Council take a minute to sign the assessment notice for the County. Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to Close the Board of Review. Motion carried unanimously. 1 Wayne LeBlanc approached the Council for a quick review of events from the Park and Recreation Commission and thanked the Council for the Park and Recreation item approval. Mr. LeBlanc explained he had prepared a map of trails throughout the City with the purpose of working with surrounding communities. He indicated any questions on the plan can be brought to the Park and Recreation Commission. Mr. LeBlanc presented the Council with an article from the Hugonian regarding smart growth throughout the City. He encouraged the Council Members to read through this article and work with experienced professionals while planning the City's future. Council Member Nelson thanked Mr. LeBlanc for his information and suggestions. IV. CONSIDERATION OF MINUTES March 29,2000 Council Meeting Minutes Motion by Council Member Travis. seconded by Council Member Broussard Vickers to approve the March 29. 2000 Council meeting minutes as submitted. Nelson abstained. Motion carried. V. PAYMENT OF CLAIMS The City of Centerville March 30 through Apri112, 2000 Council Member Travis questioned the large Park Department bill. Mr. March explained this was for park benches, picnic tables and park equipment needed for renovations this spring. He noted it was purchased all at once to allow the City to receive a 3% discount. Council Member Sweeney stated the improvements were a goal for the Park and Recreation Commission to have it completed for this summer. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to approve the expenditures for the City from March 30. 2000 through April 12. 2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the Centennial Fire District expenditures. Motion carried unanimously. VI. SET AGENDA The following items were added to the agenda: . DNR Resolution 2 Motion bv Council Member Broussard Vickers. seconded by Council Member Sweeney to approve the agenda with noted additions. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Stop Sign Request _73rd Street Elizabeth Larson of 1882 73rd Street stated she submitted a petition to the City for the rising flow of high-speed traffic on her street. She stated there has been a couple of close calls with her day care children and the area has been surveyed by the police. Ms. Larson indicated the police surveyed the area on a Friday afternoon and a weekday at noon but the results may not reasonably reflect the actual speed limits. Mike Larson of 1882 73rd Street added that the police car was visible from a distance, which slowed traffic before it reached the area of concern tainting the results of the actual speeds in the area. Ms. Larson stated Brian Drive has a similar situation with stop signs, which would not make her request unreasonable. She stated there has been three near misses in recent memory. Mayor Wilharber asked if the speeding vehicles are local residents. Ms. Larson stated she was unsure of the residency of the drivers. Council Member Nelson asked if a specific time during the day was a concern. Ms. Larson noticed high-speed traffic between 6:30 a.m. and 9:00 a.m.; and between 4:30 p.m. and 6:00 p.m. Council Member Nelson explained she offices near this location and agrees with the concerns of the Larsons and would like to see a stop sign at Peterson Trail and 73rd Street. Council Member Sweeney indicated that many of the cars on his street do not observe the close stop signs but it is an alternative to the current situation. Ms. Larson understood that not all cars would observe the posted signs but she believed a greater percentage would. Council Member Nelson asked if the residents would prefer a stop sign at Quebec or Peterson Trail. Ms. Larson stated she would like to see a sign posted at Quebec. Dan Bacon of 1876 73rd Street stated his wife wrote a letter to the City explaining things she has witnessed in this area. Mr. Bacon explained their traffic concerns are between 4:00 p.m. to 6:00 p.m. and they had seen children almost hit. He stated there are a number of small children in this area with a couple day cares, which draws more concern. Mr. Bacon noted that school bus drivers were also observed skidding on the street. Council Member Broussard Vickers asked that this item be investigated in greater detail with more accurate results to the speed of passing drivers. She stated she would be in favor of a sign in the area. 3 Mayor Wilharber stated he would speak with the Police Chief regarding this issue to conduct additional speed monitoring before a decision would be made. He noted this would be placed on the agenda after further information was received. Ms. Larson stated that several additional neighbors also have input and would like to be present at the next meeting. Mr. March stated he witnessed the police monitoring and it was extremely visible so alternate methods should be sought for further testing. VIII. UNFINISHED BUSINESS Hunters Crossing - Comp Plan Amendment - Receive Feasibility Study Mr. Peterson reviewed the Comp Plan amendment with the Council. He stated this was a preliminary report and that an assumption was made that the developer would pay half of the assessment fees. Mr. Peterson noted the calculations have been reconfigured to match this assumption. Council Member Nelson asked why the amendment was being brought before the Council. Council Member Sweeney stated the study was before the Council a year prior to development so an amendment would be needed to allow for the development as submitted. He noted this development would be providing $2,000 per lot toward park dedication. Mayor Wilharber asked if surrounding neighbors were asked about being provided with water and sewer. Mr. Peterson stated that Mr. Zerwas had not been addressed at this time, but he would be interested in two services to his site ifthe option was available. Mr. Peterson explained the amount of such service would be roughly $30,000. Council Member Nelson asked if this assessment could be lowered if done at a later date. Mr. Peterson stated this would have to be pushed by a developer in order to happen and noted that the future prices for such service are uncertain. Mayor Wilharber stated concern for the extreme assessment for Mr. Zerwas, as this would not be a positive sale feature for him. Mr. Peterson explained the utility services being provided are more expensive due to the fact there is little right-of-way available and two stubs are needed. Council Member Broussard Vickers indicated she would like to see the City meet with Mr. Zerwas on this issue to see if utilities are able to reach his site, to determine the actual expense, and report back to the Council. Mayor Wilharber asked ifutility lines run to plat lines or through lot lines. Mr. Peterson stated they generally run to the plat line of the development. Mr. Carlson stated the area being discussed is outside of the wetland and would not need utility services. 4 Mr. Carlson explained he feels he should pay his fair share of the assessments, but continuing to the south will not benefit him or his development. Mr. Carlson indicated that developers in the future should be responsible for the extension beyond his plat. Mayor Wilharber asked how Mr. Zerwas expressed an interest to the City for utilities. Mr. March stated he asked that two stubs be placed on his property if they were to run by his property. Mayor Wilharber encouraged that a Public Hearing be set. Mr. March stated this would be addressed through Resolution 00-08. Motion bv Council Member Broussard Vickers. seconded by Council Member Travis to adopt Resolution 00-08 receiving report and calling for a Public Hearing on the 10th of May at 6:00 p.m. All in favor. Motion carried unanimously. IX. NEW BUSINESS Motions/Recommendations from Park and Recreation Committee Mayor Wilharber indicated there was a letter within the packet discussing YMCA hours of operation along with a request for morning and afternoon classes at LaMotte Park. He explained they also addressed the donation of ball field lights and poles in the amount of $3,000 to be deducted from the Park General Fund. Council Member Nelson asked if the City would be charged for the YMCA use of the park. Council Member Sweeney stated the YMCA would have charge the City no fees and will not use the ball fields during their time at the park. Council Member Travis asked ifthe ball field lights were worth moving. Mr. Palzer stated they lights were worth a sizable amount of money and would be a great addition to the City. Motion bv Council Member Nelson. seconded by Council Member Sweeney to approve the Park and Recreation Committee Motions/Recommendations. All in favor. Motion carried unanimously. Motion by Mayor Wilharber. seconded by Council Member Travis. to advise staff to draft and send a letter to the donator of ball field lights and poles. All in favor. Motion carried unanimously. Clean-Up Day Mr. March indicated a clean up day has been scheduled for May 20th at the public works parking lot from 8:00 a.m. to 2:00 p.m. He stated there would be no fee for residents disposing of goods. Council Member Broussard Vickers asked if this could be coordinated with the Salvation Army to donate items that could be reused. Mayor Wilharber stated he 5 was in favor or this coordination as well to reduce, reuse, and recycle items throughout the City. Motion by Mayor Wilharber. seconded by Council Member Broussard Vickers to draft a letter to the Vets or Epilepsy Foundation to ask for coordination with clean up day on May 20. 2000 from 8:00 a.m. to 2:00 p.m. All in favor. Motion carried unanimously. League of Minnesota Cities Annual Conference Mayor Wilharber asked if any members were interested in attending the League of Minnesota Cities Annual Conference. Mr. March stated he would need to know as soon as possible for registration and hotel scheduling. Council Member Nelson stated she may be interested in attending this event and would contact the City. Mayor Wilharber stated he would be contacting staff as well. Cable Resolution Mr. March stated this Resolution requests the broadcasting of the County Commissioner meetings throughout Anoka County to show their functioning. Mayor Wilharber asked if this broadcasting was a concern. Council Member Sweeney stated this has been a concern in the past and the resolution calls the Commissioners to broadcast their meetings. Motion by Council Member Nelson. seconded by Council Member Sweeney to adopt Cable Resolution 00-06 as stated. All in favor. Motion carried unanimously. Center Villa - Letter of Credit Reduction and Construction Access Status Update Mr. March stated a letter was enclosed within the packet from Mr. Peterson reviewing what remains on the Center Villa project. Mr. Peterson stated the letter of credit could be reduced to $187,000 while still covering the final phases of the project. Motion by Council Member Nelson. seconded by Council Member Sweeney to approve the Letter of Credit Reduction. All in favor. Motion carried unanimously. Variance for LaMotte Store Front Porch Mr. March gave an overview ofthe variance request for a proposed front porch addition to the LaMotte Store located at 1695 Main Street. He stated a public hearing was held at the Planning Commission level and all comments were favorable. Ray Devine of 1695 Main Street stated this request is before the Council to allow the owners to redefine the front of the building. He stated the request would be an improvement to the building. 6 Council Member Nelson asked if the four-foot porch would be sufficient for handicap access. Mr. Devine stated the porch would be sufficient for such access. Council Member Sweeney asked if sidewalks would be added. Council Member Broussard Vickers stated the comer would not have enough room for sidewalks but a light pole and tree could be planted. Mr. Devine stated the porch side of the store would be one foot short of allowing for a sidewalk and plantings. Council Member Broussard Vickers asked if the building would be handicap accessible. Mr. Devine stated the building would be accessible from the rear of the parking lot. Council Member Nelson was in favor of the improvements. Motion by Council Member Travis. seconded by Council Member Nelson to approve the variance for LaMotte Store Front Porch. All in favor. Motion carried unanimously. x. CONSENT AGENDA XI. COMMITTEE REPORTS . Mayor Wilharber stated tomorrow night there would be a joint meeting of the Tri-City Police Commission and that the Fire Steering Committee would be held at 3:00 p.m. on April 13, 2000. . Council Member Broussard Vickers explained the Planing and Zoning Commission was working on Ordinance 4 to redraft the zoning ordinance. . Council Member Sweeney stated the Park and Recreation Commission met at LaMotte Park to review the placement of trails within the park. He stated they are working on upgrading the parks. Council Member Sweeney added that a carnival would be at LaMotte Park this year for the City Festival. He stated the Festival Committee is working on a parade route at this time and announcements have gone out for the parade. He added that a 32-team softball tournament is also being planned. Council Member Sweeney explained the street dance is planned in the hockey rink and the band is booked. XII. ADMINISTRATORS REPORT Mr. March indicated he handed out a Resolution from the DNR to accept a grant and to have Mr. March as the fiscal agent for the City of Centerville. Motion by Sweeney. seconded by Broussard Vickers to adopt DNR Resolution 00-07 accepting grant funds and naming City Administrator March as the City's fiscal agent. All in favor. Motion carried unanimously. 7 Mr. March reviewed a draft letter in response to a letter that was addressed to the Council at the last meeting. He asked that the Council review this letter and provide comments. Mr. March stated that MnDOT would complete a traffic study on Main Street to test the speed level on this County Road. Council Member Broussard Vickers stated concern for having this area posted at a higher speed and asked if any information was known from the County to date. Mr. March stated this is a County issue and that they would inform the City of their plans at a later date. Mayor Wilharber was in favor of drafting a letter addressing the City's concerns and asked that Jon Olson from Anoka County be contacted again. Mayor Wilharber reviewed a letter submitted by Paul Palzer regarding Safe Drinking Water Week in May. He encouraged residents with wells to test their water for bacteria, nitrates, and nitrogen. Mayor Wilharber stated the County could be contacted with further questions. It was noted that Paul Palzer had kits available for these water samples, they could be dropped off at City Hall, and then brought to the County for results. XIII. ADJOURNMENT Motion by Council Member Sweeney. seconded by Council Member Nelson to adjourn the April 12. 2000 Council Meeting at 7:39 p.m. All in favor. Motion carried unanimously. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. 8 Approveo CITY OF CENTERVILLE CITY COUNCIL MEETING March 29, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on March 29, 2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers ABSENT: Council Member Mari Nelson STAFF: City Administrator, Jim March City Attorney, Jim Hoeft City Engineer, Tom Peterson 1. CALL TO ORDER Mayor Wilharber called the March 29,2000 City Council meeting to order at 6:00 p.m. II. PUBLIC HEARING (S) Laurie LaMotte Park Revitalization Grant Application Mayor Wilharber opened the Public Hearing for the Laurie LaMotte Park Revitalization Grant Application. City Administrator Jim March opened the discussion by stating the grant application was written to request funding from the DNR for the implementation of a play structure along with parking lot improvements. No further discussion. Motion by Council Member Travis, seconded by Council Member Sweeney to close the Public Hearin2. All in favor. Motion carried unanimously. III. APPEARANCES/AWARDS IV. CONSIDERATION OF MINUTES March 8. 2000 Council Meeting Minutes Motion by Council Member Travis, seconded by Council Member Sweeney to approve the March 8,2000 Council meetin2 minutes. Motion carried unanimously. 1 V. PAYMENT OF CLAIMS The City ofCenterville March 8 through March 29.2000 Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to approve the expenditures for the City from March 8. 2000 throu2h March 29. 2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses Motion by Council Member Sweeney. seconded by Council Member Travis to approve the Centennial Fire District expenditures. Motion carried unanimously. Request for final payment/Parkview Addition Mr. Peterson indicated the final pay request for the Parkview Addition/Storm Sewer and Sanitary Water Improvements is presented in the amount of $23,420.72, of which $21,000 is retainage and $2,000 is in change orders. The project has been reviewed by Bonestroo, who noted all items are complete. Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers to approve the final payment of the Parkview Addition for $23.420.72 to Bonine in compliance with the attorney's recommendation for the distribution of payments. Motion carried unanimously. VI. SET AGENDA The following items were added to the agenda: . Request for final payment/Parkview Addition; Storm Sewer and Sanitary Water Improvements . Hensel Project . Main Street Speed Study Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers to set the a2enda with noted addition. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Stop Sign Request - 73rd Street Council Member Travis presented a petition and read a letter from various residents, regarding their request for a stop sign to be placed at the comer of 73rd Street and Quebec. In response, Council Member Travis presented a report filed by Officer Dave Frank of the CPLPD. Officer Frank summarized the monitoring he conducted at the area in question. The monitoring was completed at random and at different times of the day/days ofthe week. There were 87 vehicles surveyed of which: 2 . 81 of the vehicles were traveling at or below the posted speed with 80% in the 20mph- 25mph ranges. . Six vehicles were found to be traveling over the 30mph posted limit with the most excessive speed to be 34mph. . No citations were issued. . From the survey, CPLDP feels the travel frequency and speed fall within normal levels for a through street located in a residential area. . There is a ratio of 13:1, which means 1 vehicle out of 13 travels 2-3 mph over the posted speed limit. Based on the above information, it is Officer Frank's betiefthe posted signs at Peterson Trail, Old Mill Road, Quebec and Brian Drive are adequate to control the amount and type of traffic typical in this area. Motion by Council Member Travis, seconded by Council Member Broussard Vickers to table the 73rd Street request for placement ofa stop si2n on the corner of 73rd Street and Ouebec. until the next City Council meetin2 and the interested residents have had an opportunity to speak with Officer Frank. Motion carried unanimously. Construction Traffic Restriction on Brian Drive Mr. Peterson stated he spoke to JeffBoch (Land Holding Company), who stated he would do whatever he can to open the road up to the east, between the dead end street and 20th Ave. Mr. Boch will be contacting Eagle Trucking and request their assistance in smoothing out and opening up the area for construction traffic along with notifying equipment haulers etc. to use the opening. Mr. Wilharber stated that possibly after the area is opened up, the City could put up signs stating "Construction Traffic - Enter on 20th Avenue". Mr. Wilharber added he has spoken to Chief Joel Heckman concerning the issue of trucks entering the area, which are currently in non-compliance with the current road restrictions. Chief Heckman responded his force would start to watch for "road restriction" violations. Motion by Council Member Sweeney. seconded by Council Member Travis to table the construction traffic restriction on Brian Drive si2na2e until the next City Council meetin2. Motion carried unanimously. Hensel Special Use Permit Request Mr. Travis read a letter received from Margaret and Leo Hensel. Mr. and Mrs. Hensel are requesting a Special Use Permit to haul 4 tons of cement to their home at 1744 Heritage Street. The current road restriction is 3 tons. The Hensel's are constructing a 6 x 21 1/2 foot addition to the bedroom oftheir home at the above stated address. The cement contractor estimates a I-ton overage. 3 Motion by Council Member Travis, seconded by Council Member Sweeney to approve the requested Special Use Permit to Mr. And Mrs. Hensel pendin2 a posted $1000 bond or a2reement to split the concrete load. Motion carried unanimously. Complaint Procedure Mr. Mike Carter of 6913 Sumac Court questioned the complaint process within the City. Mr. March indicated normally the City Hall does not normally respond to anonymous complaints received unless the complaint is a major issue. The complaint received against Mr. Carter was anonymous, but did not wish to file an official complaint, but important enough to be forwarded to the appropriate authorities. VllI. UNFINISHED BUSINESS Hunter's Crossing Preliminary Plat Mr. Carlson and Mr. Mattke addressed the issues of concern that were brought forward by the City Engineer and the Building Official at the first time the preliminary plat was submitted. Mr. Mattke stated the trail in question is now included running from the west side to the east side of the project. The engineering concerns along with concerns with the grading plan have all been resolved. There was concern on the width ofthe comer lots that face Centerville Road. The setback being requested in the revised preliminary plat is 30 feet for the side yard set back. Mr. Peterson indicated all nine ofhis original concerns he addressed in January have been resolved. Mr. Peterson questioned the implementation of a sidewalk in addition to a trail. Mr. March stated the important aspect ofthe trail implementation would be to have the trail run from 20th Avenue and eventually over the freeway in connection with the. Hugo trails system. Mr. March feels if there were a choice between a sidewalk system and a trail system, the trails would prove to be more beneficial. Motion by Council Member Broussard Vickers, seconded by Council Member Travis to allow Hunter's Crossin2 to be moved into the MUSA in addition to approvin2 the Preliminary Plat for Hunter's Crossin2 with accordance to resolved issues presented. All in favor. Motion carried unanimously. Mutual Aid Agreement - Hugo Mr. March will write a letter to the City of Hugo expressing the City's willingness to proceed with the agreement and indicate the questions and issues we have before any action is taken. Motion by Council Member Sweeney, seconded by Council Member Travis to draft a letter to the City ofHu20 statin2 our concerns, with the intent to proceed with the Mutal Aid A2reement. All in favor. Motion carried unanimously. Northern Forest Products - TIF Issue This issue was brought up to Council a few months ago, and has resurfaced recently due 4 to a question on the minimum assessment agreement with Anoka County of$575,000. Since the building has been built, the assessment value in November 1999, for the first two years it was valued at $377,000. This resulted in Northern Forest Products paying less tax. Another issue that has been addressed is the commercial and industrial tax rates were compressed by the state. Mr. March outlined a memo from the attorney representing Elhers and Associates. Basically the memo stated the City has made its payments to Northern Forest Products. The County has decided not to correct the misrepresented amount. Mr. Paul McDowell (Northern Forest Products) agrees he should have been paying taxes on the $575,000. The last issue of concern brought forward was the base rate inflation adjustment amount that was set up to include all ofthe parcels in the industrial park. Elhers and Associates referred to a previous City Administrator making the decision. Mr. March would like to find a workable solution to ensure Glen Rehbein's satisfaction in this matter as well as keeping Northern Forest Products happy and viable in the Centerville business community. Mr. March suggests remaining in compliance with the agreement formed in November, and to develop a structure to pay off the first note. Mr. March and Mr. McDowell are in agreement that by building an addition to their current facility, the City would look at abating the City's portion of his tax at the end ofthe tax increment district for one additional year. Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to have Mr. March continue with the concept and bring the actual cost back to Council. All in favor. Motion carried unanimously. IX. NEW BUSINESS Account Clerk II. Clerk/Treasurer Position. Minutes Transcriber Mr. March recommended Laura Thompson fill the Account Clerk II position, to promote internal staff member Teresa Bender to the Clerk Treasurer position, and to hire Time Saver's organization to record minutes for the City Council and Planning Commission's meetings. A cost analysis of the options was presented. Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers to accept the recommendations as noted. All in favor. Motion carried unanimously. Point of Sale Software Mr. March stated it is prudent to invest in technology. The proposed software integrates with our current accounting software. Presently all receipts are manually hand written. The proposed software will allow the receipts to be printed off the computer and be balanced at the end ofthe business day. This will eliminate staff time in issuing receipts, bringing them to the appropriate area and entering them into appropriate departments. Motion by Council Member Sweeney. seconded by Council Member Travis to approve the Point of Sale Software as requested. All in favor. Motion carried 5 unanimously. Lorentz Bus Service - Tom Thumb Parking Lot Mr. March stated he received a call from Tom Thumb Corporate Office who indicated Lorentz Bus Service currently uses the Main Street Tom Thumb parking lot for "park and ride" services. The "park and ride" has grown over the past couple years and the Tom Thumb parking lot is now to small for the program. Tom Thumb is requesting the City's guidance in resolving this concern. Jim March will pass along the church parking lot as a suggestion. Charitable Gambling License - Spring Lake Park Lions Mr. March stated the Spring Lake Park Lions Club is looking to receive approval to conduct charitable gambling at Kelly's Komer. Motion bv Council Member Vickers, seconded by Council Member Travis to approve Resolution OO.05~ Sprin!!: Lake Lion's Club Charitable Gamblin!!: License. Motion carried unanimously. Special Use PermitILot Split - First Class Concrete Mr. Scott Byrkit and Mr. Arnie Larson were present on behalf of First Class Concrete Inc. Mr. Byrkit and Mr. Larson are requesting permission for a Special Use Permit to construct an 19,800 square foot speculative commercial building between Reel Manufacturing and R & R Leasing. Motion by Council Member Broussard Vickers, seconded by Council Member Sweeney to approve the Special Use Permit and Lot Split for First Class Concrete as outlined in accordance to all terms and conditions bein!!: fulfilled. All in favor. Motion carried unanimously. LaMotte Park - Outdoor Recreation Grant Mr. March stated the LaMotte Park grant application has been revised, although there are not any dollars expected to be allotted to the program this year. The DNR has encouraged organizations to submit the application regardless of the lack of funding to show outside interest in this type of grant. Motion by Council Member Sweeney, seconded by Council Member Broussard Vickers to approve Resolution #00.04, which accepts the Laurie LaMotte Park Outdoor Recreation Grant Application. All in favor. Motion carried unanimously. Main Street Speed Study Mr. Travis read a letter addressed to Mayor Wilharber from 17 year old Jessica Spanjers who was writing about a speed limit she believes needs to be lowered. Her proposal is that the speed limit on Main Street, between the school and 20th Avenue should not be 45mph. It should be lowered to 30mph immediately. Ms. Spanjers 6 feels threatened by the speed of the traffic when she crosses Main Street. There are many students who walk along Main Street and children who cross Main Street regularly. The Council discussed one possible disadvantage to requesting the study may be an increase in the speed limit. Council Member Vickers shared that if the study found a consecutive number of cars going a higher speed, the county may opt to raise the limit versus lower it. This possible result will be noted in a response letter to Mr. Spanjers. Motion by Mayor Wilharber. seconded by Council Member Sweeney to write a letter to Anoka County to conduct a speed check on Main Street and in addition to send a response to Ms. Spaniers. Motion carried unanimously. X. CONSENT AGENDA XI. COMMITTEE REPORTS On April 8th Mayor Wilharber will be sitting on the "oral board" for possible future police officers for CPLPD. The board will consist of twelve candidates. XII. ADMINISTRATORS REPORT XIII. ADJOURNMENT Motion bv Council Member Sweeney. seconded by Council Member Travis to adiourn the March 29. 2000 Council Meetin2 at 7:50 p.m. All in favor. Motion carried unanimously. Transcribed by: Aimee Fairbrother 7 .' Approveu ~-29-00 ) CITY OF CENTERVILLE CITY COUNCIL MEETING March 8, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on March 8, 2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Mari Nelson ABSENT: None STAFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Tom Peterson 1. CALL TO ORDER ) Mayor Wilharber called the March 8, 2000 City Council meeting to order at 6:05 p.m. II. PUBLIC HEARING (S) ffi. APPEARANCES/A WARDS IV. CONSIDERATION OF MINUTES February 23. 2000 Council Meeting Minutes Motion by Council Member Nelson. seconded by Council Member Sweeney to approve the February 23. 2000 Council meetin2 minutes with noted additions. Motion carried unanimously. V. PAYMENT OF CLAIMS The City of Centerville February 24 through March 8. 2000 Motion by Council Member Sweeney. seconded by Council Member Travis to approve the expenditures for the City from January 27.2000 throu2h February 9. 2000. All in favor. Motion carried unanimously. Centennial Fire District Expenses I / I Motion by Council Member Travis. seconded by Council Member Sweeney to approve the March 2nd Centennial Fire District expenditures. Motion carried unanimously. Motion by Council Member Sweeney. seconded by Council Member Travis to approve the March 6th Centennial Fire District payroll expenditures. Motion carried unanimously. VI. SET AGENDA The following items were added to the agenda: . Star Dome . Signage Petition on Brian Drive Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to approve the a2enda with noted additions. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS ') Brian Drive Signage Request ) Mr. March passed out a petition received from Brian Drive (South of Main Street) residents who are requesting Council's approval for a sign to be posted that would eliminate construction traffic on Brian Drive, South of Main Street. Traffic could be re-routed to Center Street or Eagle Trail through Eagle Pass. The Council discussed the number of homes to be built in the affected areas, the number of homes existing, the weight restrictions, current road conditions and possible damage. Motion by Council Member Travis. seconded by Council Member Nelson to table the Brian Drive request for construction sig:na2e until additional information is researched. Motion carried unanimously. VIII. UNFINISHED BUSINESS Eagle Trucking The Council reviewed the revised Purchase Agreement for the purchase of Eagle Trucking. Motion by Council Member Broussard Vickers. seconded by Council Member Travis to approve the Purchase A2reement for the purchase of Ea21e Truckin2. All in favor. Motion carried unanimously. 2 Lift Station #2 -Approval of Plans and Specifications Mr. Peterson indicated there were five bidders and the lowest bidder came in at $84,858. Mr. Peterson recommends rejecting all bids received and conduct a re- bid after the amounts and options have been clearly identified. Motion by Council Member Broussard Vickers~ seconded by Council Member Nelson to reiect all bids received for the proiect. All in favor. Motion carried unanimously. IX. NEW BUSINESS Peltier Lake Drive "No Parking" Mayor Wilharber indicated the City has received numerous letters about the parking issue. Mr. March stated a complaint was addressed at the previous Council meeting. A letter from the City was sent asking for the residents who live along Peltier Lake Drive to offer comment on what their feelings were about the current parking situation. Several ideas were exchanged, including the installation of "No Parking" signs along the entire road or to install ''No Parking" on the section of the road near the pond. Currently the road has posted ''No Parking" signs on the North side ofthe road. ) ) Elizabeth Wagner of 1525 Peltier Lake Drive agrees with the current "No Parking" signs on the road and feels traffic goes through the area at a higher speed than posted. If speed limits were obeyed, the potential for accidents would be lessened. Mayor Wilharber stated he would be contacting Police Chief Joel Heckman to inform him of the issue and request the police to keep a closer watch on the traffic in that area. Motion by Council Member Nelson. seconded bv Council Member Sweeney to eliminate further action re!!:ardin!!: parkin!!: restrictions on Peltier Lake Drive. All in favor. Motion carried unanimously. Mutual Aid Agreement - Hugo Mr. March gave an overview of the agreement and indicated there were a lot of questions and issues that would need to be added before any action could be taken. Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to table the Mutal Aid Ae:reement. All in favor. Motion carried unanimously. Bowen Lot Split ) / The lot split request property is the wetland that exists at the end of Clearwater Creek where the water discharges into Peltier Lake. Three property owners 3 adjacent to the proposed property are splitting the purchase of the property. The Council motioned to approve the lot split enabling the purchase to be recorded at Anoka County. Motion by Council Member Sweeney, seconded by Council Member Broussard Vickers to approve the Bowen Lot Split. All in favor. Motion carried unanimously. Cable Resolution Mayor Wilharber questioned the length ofthe contract, and Council Member Sweeney indicated there is currently action being taken within the legislature in regards to franchises. The term of the contract extension be approximately six months. Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the Cable Resolution as stated. All in favor. Motion carried unanimously. Sanitary Sewer Quit Claim Deed Motion by Council Member Sweeney. seconded by Council Member Travis to approve the Sanitary Sewer easement Quit Claim Deed. All in favor. Motion carried unanimously. Staff Attire Request Motion by Council Member Vickers. seconded by Council Member Travis to purchase two shirts per year for staff members in addition to havin2 every Friday be a "casual" attire day. Mayor Wilharber - aye, Council Member Travis - aye. Council Member Sweeney - aye. Council Member Broussard Vickers - aye. Council Member Nelson - nay. Motion carried. Star Dome Council Member Nelson discussed the possibility of the proposed "Star Dome". Council Member Nelson shared the Centerville City Council had a joint meeting on Saturday March 4th with the Lino Lakes City Council and Anoka County Commissioner Margaret Langfeld and felt positive about the working relationship the City ofCenterville currently has with the City ofLino Lakes. In addition, a workshop is scheduled for March 2200 at Lino Lakes City Hall, with Michael Vincent, the potential "Star Dome" owner's agent who will present a master concept plan for the dome. Motion by Council Member Nelson. seconded by Council Member Sweeney to move the March 22Dd City Council Meetin2 to March 29th. All in favor. Motion carried unanimously. 4 X. CONSENT AGENDA Motion bv Council Member Nelson. seconded by Council Member Sweeney to approve the Consent A2enda. All in favor. Motion carried unanimously. Recommendation for filling the Park and Recreation Vacancy Motion by Council Member Nelson. seconded by Council Member Sweeney to appoint Wayne LeBlanc to the Park and Recreation Committee. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS . Council Member Sweeney stated the Park and Recreation Committee has decided to complete the following projects this summer: park signs surrounded by landscaping, possibly installing park benches and picnic tables for all City parks and Royal Meadows Park will be receiving new playground equipment from the same company used to purchase equipment for Acorn Creek Park. The committee has also forwarded a letter to the City Engineer requesting all future development agreements include a Class 5 Trail in the agreement prior to the home construction. ) ) . Council Member Vickers stated the Planning and Zoning Commission has appointed Barry Brainard as the seventh commission member and has appointed Brian Hanson as the new Planning and Zoning Commission Chair. The Commission is also continuing to work on Ordinance #4, and is looking at the draft to be completed by May. . The Mayor stated the Tri-City Police Commission would be meeting Thursday, March 9th at 7:00 p.rn. Future meeting locations will be rotated throughout the three cities. . The Mayor stated the Rice Creek Chain of Lakes would be taking bids for the trail that will be implemented around Centerville Lake and eventually will encompass thirty-two miles ofwalking/biking trail. A two hundred- person shelter is also being planned at the park along with various other amenities. The Mayor stated John Olson, Anoka County Highway Engineer has reviewed the 20th Avenue and Main Street traffic counts and has expressed a possibility for traffic flow could include 80th Avenue coming across 35E, making that Main Street is almost impossible due to the wetlands and the environmental impact. An option presented by Anoka County at a previous time, was to take County Road 14 and loop it down Centerville Road and across and go back to 20th and come back up. Mr. Olson at that time stated very few people would go through that loop and would just continue going through the City. Council Member Broussard Vickers added, that by the end of the conversation they seemed to sort of give up on the East - West idea, but have not entirely given up the idea of coming down straight and curving the road from Main Street down to Centerville 5 R3)~H~1 ~.ltld lettirlg tratllc- k~eep fl(~\!./in_g derv;n. (-~.erlte.rvH1e- R_c~ad to eitl1e.r BirC.fl Stree.t or County Road J to get to County Road E. IVl~ft!un by ('='~o~n::i! IV!t~!nb~~~'" Nt~i~Ofl= Nt~c:t~nd!~!! bv l'='~o!!n~;; i~'it~n1h!~r S~';i!~!~!!t':v to contact the County and let them know we are not interested in pursuine _ ;;: :;. . "' -.: ~ .' 1ii ~ ~_~_. 1ii i .. it ...... .. Ii ~ .. In;:' u;rr~t:t; g~t~ i"'~;tH.fr;:. HE ;;;;; ;i~.;;;;C n;~:;D= ;?;.;;- ~~.:u~g~ ~~K~ r{} n~{v!~ ;~t~li1 continue to look at the northerly route at the north end ofihe City. Mayor \.Vilh<l..hl>.. <lvl> r"'......!ll\I[...... hI''' To-aui., _ n<l'OT C'nHn"j)]\.I[".... h.... N,,),,/u1! - ..,...,. ::::~=::.::.::~~,,--=- :'::-;"-';' ----"'~=::=~=.::. ,:::-:,::,"--'::'===-:"-'= =- ==.=..,.=:.....,. ===-=.; --~-":.:-==="-== :::""=~'='::'==-:--=--''::' -'."':'::.-.:::...':''''=== ._~ ""i1: ;;;. ~ = ,,-~ _ ~~ ....;; ~ ~ .. ~ r'= '" ~iY~\ i._.tHin~ii l~.i~mu~r 0~~!~~ti?~r' = €!y~; '-..UilnCii l~.i~illJ]~r Drijti~~~iiU ~. i~K~r;:; abstained. Motion carried. XII. ADMINISTRATORS REPORT - - - - - - .., -.. - - . .., ..-- ~ .., --~..., ..,.., -: ,- l".~/lt~ rVlarell111GlCftreG lIe n.as r~:;e.n ill C-O!l"faer ~VIltl t~JC-I( !-_..arlS;:=~117 rne ae\TelOper ror Parkview, who asked about the timeframe tor his development. Mr. March would - -- - - - - i~~.r.c.. T~--. i7..-~[."1:~7 ~T I ~-..-.:.."';;.-.~i 't~7,-,,-.--.T':-; 0'-. '["7'-,,,-;. "},..-.-,.. ...-..c.. .-.[.r"'-"';;~'" t-...;:."..-~ ,-:::..~.~~..:;.t--i.-~:-....-..c..:--i. :..-' .-;;:--......-...;-o-[-."1:7.c...--;: ....... . .. ~. .... n .~.. .. .. _-. ....... ... ~..,.. .'." .... ~.. I.'. ........ .. n . .. .. .. .... . ...k... . ..' ... .... ..... .... . - ~.... .. . . .... .. . ~"-=- -;,___' -=-=-=--=-__- ,. --"---"- __ ___.....,-=--=-=--"--"- ,,-;.-..cO.-=-,,-,-- -;,--_' "...-:.~.... -;.-".......-,,-'-"- "--"--=--= =----=--=--'-0-. r-.........='O=- .....,-'-.:.-=-=-'---:-~.,,-=--=--"--=-----=-"-. -=-:-. ""'-j'--'....--=---" -=~." - - - - before continuing the process tor this subdivision or will Council allow Mr. with the comprehensive plan amendment and plat approval at the same time. - .., - - .. ~... ---~ -.,. .., '" ~ ---. ... ., f ~-::::-~.0'-.:-'" T.-. "'i1i7.....-.r.7 ........"'i1i7f::.;-".. :-.....-:::T ~-::;;:--...:--..;;--<.--."'7.". ;; :-,C- f ......,;::--..-~.l '-"'-i;-xa::...:::..-.. :";.i.:-' f _~;;--<.':-'.-..:--i ....";;~.-.r.a::.a::..-' __ ..-..._...~. .M. ~....~...~ ....._1.... ...~.~ 1...........#.. . .... __ _......u... ,..........-.. .-.. -- -......-.,.. ..._..-..~... -_-...-:cO.""-"-.-_--=--=- "-'__' ..-_''''_=_''- "'-_' ~,,,-.,.,-,,--:..- i-"-=-"''''-'''' ....,.j'--i-.-'---. ,.........= .:.._=_.o=---=- -------;.-,,-=--=--=--'-"-"'-..,.j",-=-=-=--'" -,-,-,,-,,-~ --....-..-=-.-=-:----.-=--=- i-.-=----==-=--;.~ - -- - - XIII. ADJOURNMENT ~,'i~..Y~.&~n h~" :-"'~..Jf:l;;;;f-';~ f~f;!;,mh4-""'-" ~~;:o,l~"f"""'~~~: ~~:.f.~f..nf~.o:"'".. ii1l'i;J =- ~..'i"n;if"'~:; l~<~",-n",h;if",,-: l!1 ~"=~~r~~ ......~~....---~- -~- -......-......-.. .-...-.......-..-.. .............-....-- .....,--~.....-----_.. ..~... .. .~_.._.~_.... ....-_.._---~..... - ~.......~... _.____n__ _n; _ ________ -.------- -- ---'- -----... ----------- -- - - -- ------ -.---------- - --- - --" to adiourn the March 8, 2000 Council MeetiD1?: at 7:50 p.m. All in favor. Motion carried unanimously. \ ) T __.~_~...~"""::1....'~I! "!-..... .!.. .!..!."U.L:::o......!.!.U...Al Uj. Aimee Fairbrother 6 CITY OF CENTERVILLE CITY COUNCIL MEETING February 23, 2000 6:00 p.m. APPROVED 3-8-00 Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on February 9, 2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Mad Nelson ABSENT: None STAFF: City Administrator, Jim March City Engineer, Tom Peterson I. CALL TO ORDER Mayor Wilharber called the February 23,2000 City Council meeting to order at 6:00 p.rn. II. PUBLIC HEARING (S) III. APPEARANCES/ AWARDS IV. CONSIDERATION OF MINUTES February 9.2000 Council Meeting Minutes Motion by Council Member Broussard Vickers. seconded by Council Member Travis to approve the February 9. 2000 Council meetin2 minutes. Motion carried unanimously. V. PAYMENT OF CLAIMS The City ofCenterville February 10 through February 23.2000 Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the expenditures for the City from February 9. 2000 throu2h February 23. 2000. All in favor. Motion carried unanimously. 1 Centennial Fire District Expenses Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the Centennial Fire District expenditures. Motion carried unanimously. VI. SET AGENDA The following item was added to the agenda under New Business: . Road Restrictions - Mound Trail The following item was added to the agenda under Petitions and Complaints: . Parking on Peltier Lake Drive Motion by Council Member Sweeney. seconded bv Council Member Nelson to approve the as!enda with noted additions. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS Mayor Wilharber addressed a complaint regarding a red car that parks daily along the pond side of Peltier Lake Drive. This vehicle creates a possible safety hazard to other vehicles using the road because the road is not wide enough. The complaint specified that in the dense fog earlier today, the complainant witnessed two vehicles almost involved in accidents. Mr. March indicated the City has sent letters to the property owner in years prior following similar complaints about the car parking on the street. Mr. March added that ifthere is not "No Parking" signs along the street, anyone is allowed to park there. The concerned area currently has no shoulder, and the pond basically comes right up the road. Motion by Council Member Nelson. seconded by Council Member Sweeney to contact property owners alonS! Peltier Lake Drive to see if they would support a "No ParkinS!" reS!ulation on the south side of the road and/or a "No Parkin!" reS!ulation by the open water area south of (house number?) Peltier Lake Drive. Mr. March will invite the property owners through a letter to a Public Hearing on the parking issue, which will be held at the March 8, 2000 City Council Meeting. VIII. UNFINISHED BUSINESS Snowmobile Strategies for the Year 2000 Mayor Wilharber indicated he spoke with Doug Koppy prior to the meeting. Mr. Koppy had a prior commitment and could not stay for the City Council meeting. 2 Mayor Wilharber noted there will be a Rice Creek Snowmobile Association meeting next Wednesday evening, March 1, 2000 at 7:30 p.rn. at the Circle Pines City Hall. Mr. March shared there are approximately 180 registered snowmobiles in the City, according to the DNR. Council Member Broussard Vickers stated she would like to inform, in writing, the Police Commission, that the City is not in favor of warnings for snowmobile violators, but request that citations be given out immediately. Council Member Vickers questioned how many people are joining the Rice Creek Trail Association and are working to solve the problems. Council Member Vickers does not feel the City should mail ordinance information out, due to that setting a precedence for other issues throughout the City. Council Member Sweeney agreed the Council should draft a letter to the Police Commission requesting more tickets rather than warnings. Council Member Nelson would like to see snowmobilers in Centerville receive a copy ofthe ordinance along with a "bulleted" list of what is important in the snowmobile ordinance. Copies of the Snowmobile ordinance along with snowmobile information is and will be in the future, easily accessible at City Hall. Snowmobile information will also be published monthly in the City Newspaper prior to and throughout the snowmobile season. Mr. March will prepare a letter to the Police Commission indicating the City's desire for more enforcement of citation and less warnings being written for snowmobile violations. Eagle Trucking Mayor Wilharber commented he feels the building is in an ideal location for Public Works, and it would be better for the City than having some other business enter into the area causing more disturbances to the neighbors. Council Member Broussard Vickers stated she feels the building is a good value along with a good location, but is concerned with the "as is" clause in the agreement. Council Member Nelson also feels the property is a good value. The Council agreed the police department should have an office in the new public works facility. Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to otter Dick Hubers $375.000 for the Eal!;le Truckin2 property. 3 providin2 the offer meets approval of the two respective attorneys. All in favor. Motion carried unanimously. The Council discussed the addition ofa water tower in the City. Mr. March stated the current water tower will serve the city until the city is built out, and indicated we may not want to spend funds at this time, but keep the money in the bank gaining interest until a recommendation from the City Engineer to add a water tower has been given. Health Benefits Mr. March indicated Deputy Clerk Teresa Bender researched what other communities ofCenterville's size and population received for health benefits. It appears that what the City is currently offering is below the average. Motion by Council Member Sweeney, seconded by Council Member Broussard Vickers to approve the $56 dollar increase in the proposed benefit plan. All in favor. Motion carried unanimously. IX. NEW BUSINESS Select Cable Operator Letters of interest were submitted from Michele Wroblewski and Michael Chaney for the current Cable Operator position. Motion by Council Member Sweeney, seconded by Council Member Nelson to accept Michele Wroblewski as the Cable Operator. All in favor. Motion carried unanimously. Goals and Obiectives for 2000 Mr. Sweeney discussed the current Public Works site and shared an idea with the Council that would provide the City the ability to control the type of building that would locate on the property. Mr. Sweeney's suggested that instead ofthe City trying to sell the public works property, may be the City should look at purchasing the duplex on the corner, cleaning up the lot and placing a municipal facility on the property, including a new City Hall, a hbrary and a post office. In addition, Mr. Sweeney suggested the current City Hall building could be turned into a "community center". Mayor Wilharber stated his concern about losing a tax base by purchasing Eagle Trucking, and would like to see the addition of a taxable unit built on the current public works site. 4 Council Member Broussard Vickers questioned the dollar amount a multi-unit development would bring in, if we were interested. Mr. March indicated he has not seen any dollar figures for this type of development. Public Works Request for Proposals Mr. March shared with the Council the Request for Proposal on the public works property received by the Church of St. Genevieve. Church Council Member Andrew Melcher submitted the proposal for $25,000 with the intent of using the property for additional parish parking. The Council will discuss the possibility of leasing the property to the Church for a stated period of time. Motion by Council Member Sweeney, seconded by Council Member Nelson to direct statTto reply to S1. Genevieve's Church and decline the submitted request for proposal on the current public works property. All in favor. Motion carried unanimously. Hunter' Crossing Feasibility Study and Comprehensive Plan Amendment Mr. Carlson has agreed to pay for the feasibility study along with the fees that accumulate with the Comprehensive Plan Amendment. Motion by Council Member Sweeney, seconded by Council Member Broussard Vickers to have the City En2ineer proceed with the feasibility study and the Comprehensive Plan Amendment. All in favor. Motion carried unanimously. Appointment ofMady Reiter as Police Commission Chairperson Motion by Council Member Travis, seconded by Council Member Sweeney to avpoint Mady Reiter as the Tn-City Police Department Commission Chair. All in favor. Motion carried unanimously. YMCA - Development Agreement Mr. March indicated there is no action required, but he wanted to share with the Council the "draft agreement" the YMCA has with the City ofLino Lakes in exchange for the $1.5 million dollars in cash and the $500,000 worth ofland Lino Lakes is donating. The draft agreement states the residents ofLino Lakes will receive a 10% family discount on the annual rate for a period of fifteen years, along with a 25% reduction in initiation membership fees. The YMCA will be offering the City of Centerville, including a proposal for youth programming in Centerville's parks, similar discounts, being prorated on population for the number of years, in exchange for a monetary donation. Overweight Permit 5 Montanari Homes requested a seven-ton permit to haul in concrete on Mound Trail. The Council discussed the overweight permit, but agreed to not authorize any overweight permits at this time. Motion by Council Member Broussard Vickers, seconded bv Council Member Nelson to deny the overweight permit request, adding: Montanari Homes must either fence in the hole or fill it in. Motion carried unanimously. X. CONSENT AGENDA Step Increase for Jill Lien from Step 3 to Step 4. Grade 2 Mr. March reported Ms. Lien's has received a satisfactory performance review. Motion bv Council Member Sweeney, seconded by Council Member Nelson, to approve the Step 4. Grade 2 increase for Jill Lien. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS Tri-City Police Commission will meet on March 1 st at 6:30 p.m. at the Lexington City Hall. Anoka County Commissioner Margaret Langfeld, the City ofLino Lakes and the City of Centerville will meet on Saturday, March 4, 2000 at 8:30 at Matthews Restaurant in Circle Pines to discuss strategies for dealing with the stadium proposal and other common community issues. The Economic Development Committee will be holding a "Theme" Workshop on March 21 st prior to their regular scheduled meeting. Area business owners, design team volunteers, the Downtown Revitalization Committee, and all other interested persons are invited to attend. XII. ADMINISTRATORS REPORT XIII. ADJOURNMENT Motion by Council Member Nelson. seconded by Council Member Sweeney to adiourn the Februarv23. 2000 Council Meeting: at 8:06 p.m. All in favor. Motion carried unanimously. .Tr.ansCribed by: j '" C1~7(}VJ qOJA-~ Aimee Fairbrother 6 Appruveu 2-23-00 ) CITY OF CENTERVILLE CITY COUNCIL MEETING February 9, 2000 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on February 9,2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Marl Nelson ABSENT: None STAFF: City Administrator, Jim March City Attorney, James Hoeft City Engineer, Tom Peterson Building Official/Public Works Director, Paul Palzer 1. CALL TO ORDER ) Mayor Wilharber called the February 9,2000 City Council meeting to order at 6:00 p.rn. II. PUBLIC BEARING (8) Community Development Block Grant Ms. Cathy Weidmann explained how the Senior Outreach Program is a non-profit agency offering advocacy and support. Ms. Weidmann also explained that the Senior Outreach Program links seniors to essential services. The Senior Outreach Program is requesting a donation of$I,OOO. They served four (4) individuals last year in the City ofCenterville, and help keep the seniors in the community longer. The goal of the program is to prevent premature or unnecessary nursing home placements. Ms. Diane Peters of Arc Anoka, Ramsey and Suburban Inc. which is a nonprofit agency, is dedicated to improving lives of children, adults and families living with developmental disabilities. ARC offers assistance through support groups, pilot parent groups and through toy and adaptive equipment lending libraries. Motion by Ms. Broussard Vickers, seconded by Ms. Nelson to close the CDBG Public Beann!. All in favor. Motion carried unanimously. 1 Snowmobile Public Hearing Mayor Wilharber opened the Snowmobile Public Hearing by stressing that this is just a public hearing to voice concerns and opinions related to snowmobiles. The intent of the meeting is not to ban snowmobiles, but to get citizen involvement and educate the residents of Centerville. Mayor Wilharber explained that riders of snowmobiles must take the responsibility to learn and understand the snowmobile laws. The council is looking for solutions on how to correct the problems of trespassing; lack of respect; damage to property; endangerment of children, pets and vehicles; speeding; drinking; after hour usage; underage usage; and operating to close to homes, businesses and the church. Mayor Wilharber turned the discussion over to Police Chief Joel Heckman for the views and comments of the Police Department. J Chief Heckman explained that riders must be responsible for knowing and abiding the laws of any City and State in which they ride. You can get a copy of Minnesota Snowmobile Books at the CPLPD or at the DNR. Chief Heckman urged residents to call the Police Department when a snowmobiler violates the laws. The Police Department will keep track of where the perpetrators are violating, and be able to watch these areas more closely. Chief Heckman introduced Officer Jensen who gave statistics to the Council and citizens. Officer Jensen explained that in the last quarter ofthere were 17 warnings issued by the Police Department, and four (4) complaints called in. Officer Jensen continued stating the exact dates and instances in the month of January: ) January 8 - January 14 - January 14- January 15 - January 17 - January 18 - January 19 - January 19 - January 21 - January 21 - January 23 - ) A complaint was called in on the 7200 block of Mill Road. A citizen called in from Sumac Court questioning the ordinance. A police officer stopped a snowmobile violator on Main Street and 20th Avenue. A verbal warning was issued. A police officer in pursuit of a snowmobile violator. Violator finally stopped, driver was arrested for fleeing a police officer and his snowmobile was impounded. A complaint was called in from the 7000 block of Dupre Road regarding a snowmobile driving across yards. When the police arrived, the snowmobile was gone. A complaint of a snowmobile in LaMotte Park was called in. The snowmobile was gone upon arrival of a squad car. Police officer stopped snowmobile in park - warning issued. Police officer stopped a curfew violator on Main Street and 20th Avenue. Warning issued. Officer found violator in LaMotte Park. Warning issued. A complaint was called in on the 1700 block of Peltier Lake Drive for loud and disturbing snowmobilers. Officer stopped two (2) violators on Main Street and 20th Avenue. Warnings issued. 2 January 28 - A complaint was called in from Pheasant Lane for loud and disturbing snowmobile. Upon police arrival- snowmobile was gone. January 29 - Officer stopped snowmobile. Snowmobile owner did not have current registration or proof of ownership. Violator cited, snowmobile impounded. January 30 - Officer stopped snowmobiler for driving on the wrong side of the road. Owner didn't have certificate. Cited for both. January 30 - Same as above. February 1-9 No calls to dispatch. Officer Jensen explained that on January 21,2000 the DNR conducted a "saturation" along with the Circle PineslLexington Police Department and the Lino Lakes Police Department. The saturation started at 4:00 p.m. and went until 2:00 a.ffi They covered the areas of Circle Pines, Lexington and Centerville. There were 44 total contacts, of which 23 verbal and written warnings were issued, 19 citations were written and two (2) Dill's were issued. Ofall of these, three (3) were from Centerville, which were: one (1) Dill, and two (2) under age drinking. Mayor Wilharber opened the floor for comment from the public. ) Mike Carter (Sumac Court) explained he almost hit a snowmobile that darted out of the ditch right in front ofhis vehicle. Sheri Steele (6926 Sumac Court) stated she has lived in Centerville for a number of years and does not want to see snowmobiling banned. She is willing to help create a newsletter to keep residents informed of snowmobile regulations. Doug Koppy (Rice Creek Trail Association) explained there are 88 miles of trail for the snowmobiles to use. Mr. Koppy urged citizens to become part ofthe snowmobile club, and to help build the trails and bridges for snowmobiles to use. Out of all ofthe members ofthe club, only eight (8) people actually get out there and build the trails and bridges. Mr. Koppy stressed the importance of community involvement, specifically, if the citizens want to be able to snowmobile, they should help create trails to be used for that purpose. Norma Essex (7333 Old Mill Road) questioned the responsibility ofthe snowmobilers. Isn't it the responsibility of the snowmobilers to know the rules and regulations of any City they ride in? Ms. Essex added that snowmobilers are traveling down the creek, and felt there should be more specific trails. She also felt the ordinance should be written in plain English so anyone who reads it can understand it. T. Hennessen (7105 Brian Way) felt citizens should have banned together earlier in the year as snowmobilers, to mark the trails and make signs. ) 3 Chief Heckman clarified the ability of riders to travel on Main Street from Centerville Road to Mill Road. Also, snowmobilers are to take the most direct route to where they are going. D. Nelson (Lino Lakes) gave the history of snowmobile banning in other communities, and stressed the importance of posting the ordinances at the trail entrances. LyNae Marshall (1580 Sorel Street) explained that snowmobilers are exceeding the speed limit when they are approaching Centerville Lake. She has come within inches of snowmobilers hitting her when she walks outside into her yard. Dan Saxton (1949 73rd Street) requested the ordinances be posted on our cable channel (16). Mr. Saxton also stated that snowmobiling is a privilege and suggested creating a snowmobile "posse" to help inform citizens. Eric Larson (1957 73rd Street) explained he has lived in Centerville since 1992. Mr. Larson polled the audience on how many were aware of the ordinances. He did not remember reading the newsletter. Mr. Larson mentioned Lino Lakes has a higher speed limit and longer hours of operation, adding that maybe this would be a solution. Ann St. George (1861 Pioneer Lane) stressed her concern about the safety of her children in her own yard. ) Randy Nugent (Lino Lakes) used to live in Centerville on Main Street and 20th Avenue. He would put snow fence up and the snowmobilers would go around it with no problem. Doug Woodbeck (Lino Lakes) stressed posting the rules, and aggressively arresting the offenders. Steve Dausch (7095 Cottonwood Court) is an avid snowmobiler and stressed stopping the offenders. M. Carter (Sumac Court) urged that snowmobilers MUST stop at uncontrolled intersections. Jim Scott (7084 Cottonwood Court) explained the need to work together. The City cannot legislate common sense. Mr. Scott suggested putting offenders names in the newspaper. Jeff Parr (6984 Meadow Circle) felt that all snowmobilers get a bad reputation because of a few that abuse the laws. Brian Hanson (1950 Center Street) stated that he has snowmobilers cutting across his yard all ofthe time. Council Member Nelson questioned if there was anything missing? 4 J. Heider (1744 Center Street) felt the youth in the community need to be educated on the use of snowmobiles. oj J. Steele (6926 Sumac Court) questioned how the sleds can get to the trails. Randy Nugent (Lino Lakes) urged the education of the youth. 1. Lindsay (1687 Sorel Street) stressed that the community must work together. E. Larson (1957 73rd Street) does not want to see personal freedoms limited. T. Dilfriable (Lino Lakes) felt the Police Department should give out less warnings and more fines. Also, more citizens should join the snowmobile club. S. Dash (Cottonwood Court) suggested posting on the marquee sign in front of City Hall when the Rice Creek Snowmobile Trail Association is having their next meeting. Council Member Broussard Vickers read several complaint letters sent in by residents who were unable to attend the meeting. She added that the City Council has to consider the whole City, not just the 50 people who are in attendance at the meeting. The citizens who are at the meeting do not represent the entire City. ) Council Member Travis stressed that it is not a "right" ofa snowmobiler to snowmobile wherever they want, or on another's private property. It is a "privilege" to snowmobile not a right. It is the "right" of a person to live in Centerville and be able to go out onto their property without being run over by a snowmobile or to be worried about their children or pets going outside. Privileges can be taken away if they are abused. Russ Lawrence (7165 Clear Ridge) stressed that if the City Council bans snowmobiles, they also take away the ability to call upon snowmobilers in emergency situations for their assistance in getting to others who are unreachable. L. Bigelow (7143 Shad Ave.) stressed that citizens need to let the Council know about problems that arise. If the council isn't aware ofthe problems, they cannot address them. J. Fischback (1684 Lakeland Circle) has lived in Centerville for six (6) years, and stressed that snowmobilers need to ride on the trails, not the streets. Russ Lentz questioned who puts on the stings. He added, more tickets should be issued. Rob Sheppard (1935 73rd Street) mentioned he has never seen an officer or DNR person on any ofthe trails. Mr. Sheppard stressed the need to educate the citizens. Mr. Sheppard suggested the City could get a list of registered snowmobile owners from the DNR. 5 Sue Klecker ofthe DNR offered to help staff obtain a copy of all registered snowmobile owners within the City. Jerid Helmbrecht (1745 Main Street) questioned how many times the Police Department have gone out onto the lakes. Chief Heckman answered that there have been two (2) occasions of Police Officers going out on the lake. Chief Heckman stressed the importance of neighborhoods forming Neighborhood Crime Watch Groups. Also, ifwe were to compare the number of registered snowmobiles to the number of complaints, the ratio for complaints would be very low. Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to close the Public Bearine at 8: 12 p.m. All in favor. Motion carried unanimously. III. APPEARANCES/AWARDS IV. CONSIDERATION OF MINUTES January 5. 2000 Council Meeting Minutes ) Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to approve the January 5. 2000 Council meetine minutes. Council Member Sweeney and Council Member Travis abstained. Motion carried. January 12. 2000 Council Meeting Minutes Motion bv Council Member Sweeney. seconded by Council Member Travis to approve the January 12.2000 Council meetine minutes with noted correction. All in favor. Motion carried unanimously. January 26. 2000 Council Meeting Minutes Motion by Council Member Nelson. seconded by Council Member Sweeney to approve the January 26. 2000 Council meetine minutes with chanees. All in favor. Motion carried unanimously. V. PAYMENT OF CLAIMS The City ofCenterville January 27 through February 9.2000 Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the expenditures for the City from January 27.2000 throueh February 9. 2000. All in favor. Motion carried unanimously. Centennial Fire District - December & January Expenses ) 6 Motion by Council Member Sweeney, seconded by Council Member Nelson to approve the for December and January Centennial Fire District ) expenditures. Motion carried unanimously. -;; VI. SET AGENDA The following items were added to the agenda under New Business: . Community Development Block Grant . Met Council Lot Split . Joint Meeting with Lino Lakes and Margaret Langfeld . Appointment of Police Commissioner Motion by Council Member Sweeney, seconded by Council Member Broussard Vickers to approve the a2enda with noted additions. Motion carried unanimously. VII. PETITIONS AND COMPLAINTS A resident from 1687 Sorel Street was present and expressed her desire for city water at her residence. Mr. Peterson explained the idea the City is considering for downtown redevelopment. Mayor Wilharber suggested the resident could petition the City for water. The City could then give the homeowners in the area an estimated cost. ) VIII. UNFINISHED BUSINESS Health Benefits Motion by Council Member Sweeney, seconded by Council Member Nelson to table the Health Benefits. AU in favor. Motion carried unanimously. Eagle Trucking ) .J Mr. Hoeft reported the City received a "first draft" fourteen-page purchase agreement. Mr. Hoeft added there is no purchase price in the document, because there has been no action by Council to indicate what the City is willing to pay for the property. The draft purchase agreement includes indemnification language regarding environmental issues. The property owner is not opposed to the language due to the anticipation of receiving a clean bill of health from the MPCA. Another specific direction given to Mr. Hoeft was to indicate in the purchase agreement concern about a well underneath the building, which resulted in the purchase agreement stating the City would like the well capped by the property owner prior to purchasing the property. Mr. March indicated the property owner is not willing to cap the well. The capping of the well would cost the City approximately $1500, and it is an item the City will have to decide on when determining the overall offer for the property. Mr. Hubers was present and requested guidance from Council on a timeline and purchase price. Mr. Hoeft advised what typically happens is Mr. Hubers or someone on his behalfwould start negations between Mr. March and Mr. Hoeft. If any pertinent issues come 7 up, they would need to be approved by the entire Council. There was discussion on the overall price of the property and Mr. Huber's indicated there has been unanticipated expenses and his price will be $20,000 over and above what he originally expected. Mr. Hubers indicated when he spoke with Mayor WIlhaber a few months back; they had discussed a price range of$350,OOO to $400,00. Mayor Wilharber stated he would be leaning toward the $350,000, but that the final offer would need to be negotiated with Mr. March, and the entire Council. Mr. Wilharber added he understands Mr. Huber's need to have a decision and included the Council is looking strongly at the proposal due to the process being important for the City's plan to redevelop the downtown. Mr. March will forward a copy of the draft purchase agreement to Mr. Hubers for his review. Motion bv Council Member Sweenev~ seconded bv Council Member Nelson to have Jim March meet with property owner Dick Hubers and brin2 a recommendation back to Council. All in favor. Motion carried unanimously. Lift Station #2 Mr. Palzer indicated this lift station is the most critical lift station in the City and is currently served by approximately 160 homes. Mr. Palzer added the City has had problems with this station and public works has been called out on this lift station at least a dozen times last year. Mr. Palzer stated we would be purchasing a more reliable system in addition to beautifYing the area. ) Motion bv Council Member Sweenev~ seconded bv Council Member Nelson to approve the plans/specifications and authorize the project for bid. All in favor. Motion carried unanimously. IX. NEW BUSINESS Laurie LaMotte Park Dedication Mr. Sweeney indicated that due to the amount of work completed in the park, the Park and Recreation committee would like to have a formal dedication to the park, inviting all past and present park and recreation as well as current Council members to attend. The Park and Recreation committee will set a date for this summer. Motion bv Council Member Nelson~ seconded bv Council Member Sweeney to approve the requested Laurie LaMotte Park Dedication. All in favor. Motion carried unanimouslv. Appointment of Barry Brainard to the Planning and Zoning Commission \ J j Motion bv Council Member Sweeney, seconded bv Council Member Broussard Vickers to appoint Barry Brainard to the Plannin2 and Zonin2 Commission. AU in favor. Motion carried unanimously. 8 Community Development Block Grant Mr. March explained the process of the Community Development Block Grant program. The two agencies are going to all ofthe communities and asking for substantially more funds than the $1000 they are requesting from Centerville. The agencies have submitted an application to receive the federal funds. If the funds are approved, we will submit the application back to the County and the County in turn will release the funds to the agency. Motion by Council Member Nelson, seconded by Council Member Broussard Vickers to approve the Community Development Block Grant funds request. All in favor. Motion carried unanimously. Met Council Lot Split Mr. March indicated the Met Council purchased land around the lift station in LaMotte Park from St. Genevieve's Church. The Council needs to approve the lot split so it can be recorded at the County. Motion by Council Member Broussard Vickers, seconded by Council Member Sweeney to approve the Met Council Lot Split. All in favor. Motion carried unanimously. Joint Meeting with City ofLino Lakes and Margaret Langfeld ) Mayor Wilharber shared the request from Anoka County Commissioner Margaret Langfeld in regards to ajoint meeting between the City ofLino Lakes, Centerville and the County in reference to the proposed stadium and Main Street issues. The meeting will be scheduled for Saturday March 4, 2000 at 8:30 a.ill. at Mathews in Circle Pines. Appointment of Police Commissioner Mayor Wilharber has spoke to Robert Wright who resides at 7137 Brian Drive. Mr. Wright currently serves on the task force that has helped form the Tri-City Police Department. Motion bv Mayor Wilharber. seconded by Council Member Nelson to appoint Robert Wneht as the Centerville Tn-City Police Commission member. All in favor. Motion carried unanimously. X. CONSENT AGENDA XI. COMMITTEE REPORTS I ~/' Thursday, February 10, 2000 is the date for the signing ofthe Tri-City Police Department agreement, effective January 2000. The Police Commission meeting will follow at 7:00 p.m. 9 Council Member Broussard Vickers stated the Planning and Zoning Commission is continuing to hold workshops for the rewriting of Ordinance #4 on the third and fourth Tuesdays of the month. The commission is looking for input and would like any comments or questions directed to one of the commission members. XII. ADMINISTRATORS REPORT XIII. ADJOURNMENT Motion by Council Member Nelson, seconded by Council Member Sweeney to adiourn the February 9, 2000 Council Meetin2 at 9:00 p.m. All in favor. Motion carried unanimously. Transcribed by: Jill Lien and Aimee Fairbrother ) 10 CITY OF CENTERVILLE CITY COUNCIL MEETING January 26, 2000 6:00 p.m. Approved 2-9-00 Pursuant to due call and notice thereof, the City Council of Centerville held their regularly scheduled meeting on January 26,2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Mari Nelson STAFF: City Administrator, Jim March City Attorney, Jim Hoeft City Engineer, Tom Peterson I. CALL TO ORDER Mayor Wilharber called the January 26, 2000 City Council meeting to order at 6:00 p.m. ) II. PUBLIC HEARING (S) III. APPEARANCES/A WARDS IV. CONSIDERATION OF MINUTES January 12.2000 Council Meeting Minutes Motion by Council Member Sweeney. seconded by Council Member Nelson to table the January 12.2000. Council meetin2 minutes. All in favor. Motion carried unanimously. V. PAYMENT OF CLAIMS The City ofCenterville January 13 through January 26.2000 Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the expenditures for the City from January 13.2000 throu2h January 26. 2000. All in favor. Motion carried unanimously. Centennial Fire District - December & January Expenses Motion by Council Member Sweeney. seconded by Council Member Travis to approve the ) Page 1 of 6 expenditures for December and January Centennial Fire District expenditures. Motion carried unanimously. VI. SET AGENDA Motion by Council Member Sweeney. seconded by Council Member Nelson to set the a2enda addin2 "Ea2le Truckin2" under Unfinished Business and "Pav Scale". Census. and Senator Krentz under New Business. All in favor. Motion carried unanimously. VD. PETITIONS AND COMPLAINTS Snowmobile Concerns Mayor Wilharber referenced three letters included in the Council's packet regarding snowmobile issues in the City. Norma Essex of7333 Old Mill Road was present to voice her concerns about the lack of respect given from snowmobilers. She indicated the snowmobiles ride on City sidewalks, along the creek and have left unwanted objects in her property. Ms. Essex would like to see snowmobile restrictions implemented and enforced. ) f Mike Carter of6913 Sumac Court was present to voice his concerns about snowmobiles safety and right-of-ways in the City. Mr. Carter indicated that recently a snowmobile did not stop at an intersection, causing Mr. Carter to stop abruptly missing the snowmobile by less then three feet. Mr. Carter questioned the use oftraffic signal devices, and pointed out residents along Center Street are putting up "posts" to keep snowmobilers off of their property. Mr. Carter placed a phone call the Tri-City Police Department questioning what could be done to improve snowmobile enforcement. Mr. Carter was told by the CPLPD there was nothing they could do since the officers in cars cannot catch snowmobilers on a sled. Mr. Carter stated somebody is going to get killed, and requests Council reconsider where snowmobiles are allowed to ride, keeping them off the streets and on the trails. Council Member Nelson stated she is experiencing the same problems the prior two residents have expressed. Council Member Nelson indicated she has installed and replaced a snow fence on one side of her house twice so far this year, and now the snowmobiles are driving across the back yard and her driveway. Council Member Nelson stated snowmobiles ruins the sod. Although she has tried to identifY the riders, she has not been able to identifY the snowmobilers. Council Member Nelson has received phone calls from several residents in reference to snowmobile safety. Council Member Nelson reported speaking to Chief Joel Heckman earlier in the day. Chief Heckman indicated the police department, conducted a "sting" last Friday in conjunction with the DNR and City ofLino Lakes. The sting resulted in twenty-three written warnings, nineteen citations and two arrests. Chief Heckman feels most ofthe trouble seems to be on Main Street. He advised, whether the snowmobile can be identified or not, the residents place phone calls to ) _..../ Page 2 of 6 911 to help police determine the time and areas within the City the police should focus on. Council Member Nelson stated she felt this would tie up telephone lines to 911, since in the past two weeks she has received at least a dozen calls at her home. The current ordinance states snowmobiles are allowed to ride on the street 10 mph, following the motor vehicle laws, the trails and the lakes, but are not allowed on private or public property. Mayor Wilharber requested Council hold a public hearing in reference to snowmobiles in Centerville. Mayor Wtlharber added the City was concerned about safety in when re-writing the firearm ordinance and should do so also in regard to snowmobiles. Council Member Nelson requested a Public Hearing be added to the February 9th City Council agenda, focusing on the current snowmobile ordinance and possible banning of snowmobiles within the City. Council Member Sweeney stated he would not like to a ban on snowmobiles. He feels only a few people break the rules. ) Jill Lien of 1810 Hayfield Road indicated she does not see much snowmobile traffic in her neighborhood. Ms. Lien felt a large portion of the residents were unaware ofthe current snowmobile ordinance. Ms. Lien noted there have not been many calls at City Hall inquiring about the ordinance and/or restrictions by snowmobilers. Most of the calls have been complaint calls pertaining to snowmobilers on private property. Council Member Broussard Vickers, expressed her agreement with Ms. Essex's views and she indicated her property is also trespassed upon by snowmobiles. Council Member Broussard Vickers stated she feels there are a large number of snowmobilers who disobey the rules, not just a few. Council Member Broussard Vickers added she would like additional information from the police. City attorney Jim Hoeft stated other communities are also facing this issue and are focusing on enforcement. Council Member Sweeney commented a snowmobile club should be able to provide the City with enforcement issues. Slippery Streets Council Member Sweeney stated he has received complaints from residents about the streets being slippery, especially Main Street, Brian Drive and any entrance onto the county roads. Mr. March added there were some areas by 73rd and Mill road that were slippery as well. VIII. UNFINISHED BUSINESS Restructuring Proposal Page 3 of 6 Mr. March gave an overview of the possible restructuring options available. Mr. March stated he would like to ensure the level of service City Hall currently provides will remain the same or get better through the restructuring process. Mr. March presented the Council with two different options. Mr. March indicated the following option, in his opinion would be in the best interest of the organization. By following the proposed restructuring option, the City would be saving benefit dollars as well as salary expenses of hiring a full time City Clerk. Restructuring Option - Promote an internal candidate to a revised Clerk/Treasurer position, increase the hours to the two part-time receptionists, hire a part-time account clerk to assist in accounting duties, and hire a firm to record meeting minutes. Minute Recorder options: Time Savers: City Council meeting minutes on an average run about 2 1/2 hours. At $9.50 per hour and $50 per page, this service would cost the City approximately $202 per month. Planning and Zoning Commission meeting minutes would cost about $100-$125 per month. Independent Contractor - The City of Circle Pines bids out an independent contractor per meeting at a cost of$180 per month with a minimum of2 hours at the meeting plus additional charges for over 2 hours. ) Jill Lien (part time secretary/receptionist) was present, and shared on both of the receptionist's behalf: that they are looking for additional hours, are willing to learn more things, and take on more responsibilities. Ms. Lien indicated they have done a lot of extra things due to the absence of a City Clerk, and would like the opportunity to grow within the organization. Motion by Council Member Sweeney. seconded by Council Member Nelson to advertise for the Clerk/Treasure internally. the Account Clerk II position and the Minute Taker position. In addition the two current receptionists are approved to work three days a week from this day forward. All in favor. Motion carried unanimously. Eagle Trucking Mr. March indicated Eagle Trucking is close to completing the environmental site assessment. Mr. March stated he received a phone call from a citizen that informed him that the well that is currently servicing the building is located underneath the building, therefore if the City did purchase the property, there may be costs involved with pulling out and sealing the well. Mayor Wilharber feels that if the environmental and well issues could be addressed in the purchase agreement so that the City would be safe, he would be interested in seeing a proposal to move forward in the purchase of this property. Motion by Council Member Sweeney. seconded by Council Member Travis to authorize Page 4 of 6 the City Attorney to prepare a draft purchase a2reement for the City's purchase of the Ea2le Truckin2 property. All in favor. Motion carried unanimously. IX. NEW BUSINESS Mound Trail Overweight Permit Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers to approve the overwei2ht permit of seven tons axle wei2ht. until road restrictions are placed in the sprin2. All in favor. Motion carried unanimously. Firefighter Pay. Fire ChiefSaIary Adiustment Motion by Council Member Nelson. seconded by Council Member Travis to approve the increase in salary request of the fire chief by 5%. firefi2hter I's by $.50 per hour. firefi2hter II's by $1.00 per hour and the EMT by $1.00 per hour. Council Member Sweeney abstained. Motion carried. Tn City Police Department ) Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney to approve the final documentation for the Tri.City Police Department. All in favor. Motion carried unaimouslv. Mayor WIlharber reported one "resident" vacancy remains on the Tri-City Police Commission. Pay Scale Council Member Sweeney expressed he did not realize the time commitment involved with being Council member. Council Member Broussard Vickers stated she does not like the penalty clause we currently have. Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers to increase the Council Member's pay to $200 and the Mayor's pay to $250. plus an $25 for any additional Council meetin2s and workshops. There will be no penalty for members missin2 less then three meetin2s per year. thereafter a missed meetin2 will result in the loss of that meetin2s pay. Council Members Nelson. Sweeney. and Broussard Vickers - Aye. Mayor Wilharber and Council Member Travis - Nav. Motion carried. Census Mayor Wilharber questioned the City's involvement with the upcoming census. Mr. March indicated there is a lot of advertising out right now to let people know how important it is to :fill out the census. Mr. March added the City does not have a big part in completing the census. Page 5 of 6 Senator Jane Krentz Mr. Wilharber indicated he received a letter from Senator Jane Krentz notifying the City of upcoming town meetings that will be held to provide an opportunity to discuss local and statewide issues. Mr. Wilharber welcomed the Council to attend any of the meetings ifpossible. The dates of the meetings are: Saturday January 29, 2000 at Blaine City Hall Saturday January 29,2000 at Lino Lakes City Hall Saturday February 5th, 2000 at Forest Lake City Hall 10:00 a.m. 1 :00 p.m. 10:00 a.m. X. CONSENT AGENDA XI. COMMITTEE REPORTS Planning & Zoning Council Member Broussard Vickers stated the Planning and Zoning Commission has been working on re-writing Ordinance #4 (Zoning). Council Member Broussard Vickers indicated the Commission would like to get the changes and information out to the public through articles in the City newsletter and possibly the Quad. The Commission would like to have resident's questions and concerns forwarded to the Commission members. XII. ADMINISTRATORS REPORT Mr. March is working with Elhers on the TIF reports. Elhers is assisting the City in drafting a response to the state auditor requests for allocation, etc. XIII. ADJOURNMENT Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers to adjourn the January 26. 2000 Council Meetin2 at 7:55 p.m. All in favor. Motion carried unanimously. Respectfully submitted, c,~~~~~ Aimee Fairbrother ... Staff Liaison Page 6 of 6 CITY OF CENTERVILLE CITY COUNCIL MEETING January 12, 2000 6:00 p.m. APPROVED 2-9-00 Pursuant to due call and notice thereof, the City Council of Centerville held their regularly scheduled meeting on January 12, 2000, at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Dick Travis Council Member Terry Sweeney Council Member Linda Broussard Vickers Council Member Mari Nelson STAFF: City Administrator, Jim March City Attorney, Jim Hoeft City Engineer, Tom Peterson I. CALL TO ORDER Mayor Wilharber called the January 12, 2000 City Council meeting to order at 6:00 p.m. ll. PUBLIC HEARING (S) Lloyd Drilling Re-Zone Request Mr. Drilling explained to the Council he is interested in submitting a site plan that proposes a retail/office type structure to be built on the property located at 1873 Main Street. The property is currently zoned (R2) Single Family Residential. Mr. Drilling is requesting the property be rezoned to (C 1) Commercial. Mr. Drilling feels the development would be good for the City as a whole. Mr. Drilling questioned the Council on their feelings toward the rezone/structure idea. JetfTurner of7157 Peterson Trail was present. Mr. Turner questioned driveway placement on Peterson Trail. Mr. Turner indicated he is not in favor of having additional traffic usage on Peterson Trail. Mr. Drilling mentioned he needs access to his lot. Mr. Turner indicated he felt Mr. Drilling's proposal was not fair. Council Member Nelson asked about having an access on Peterson Trail and Shad Avenue. Mr. Drilling indicated he would propose an access to the structure from Shad Avenue as well as Peterson Trail and indicated he would maintain the access on Main Street. Council Member Broussard Vickers thought an access on both roads was better for traffic flow. Mayor Wilharber felt the rezone was a favorable idea. Council Members Nelson and Sweeney agreed. Council Member Broussard Vickers felt that the concept fits into the "scheme of things". Page 1 of 6 Council Member Travis felt the development would be beneficial. Mr. Turner requested the developer include in his plans, a buffer that would serve as a separation between residential and commercial property. Mr. Drilling stated that a fence and trees could be implemented. Mr. Drilling questioned the Council on what they would like to see as the structural design of the building. Council Member Broussard Vickers stated that in her opinion, she would like to see the new structure built similar to the existing strip mall, to give an image of consistency. Council Member Nelson felt the new structure should focus more on the Design Team vision. The City has been really supportive of the Design Team ideas, she would like to see something that would make the structure look unique to Centerville. Mr. Turner added he would like to see a covered walkway all along the building. Motion by Council Member Broussard Vickers. seconded by Council Member Travis to close the Public Hearin2 at 6:30 p.m. All in favor. Motion carried unanimously. m. APPEARANCES/AWARDS IV. CONSIDERATION OF MINUTES December 20. 1999 Council Meeting Minutes Motion by Council Member Nelson. seconded by Council Member Sweeney to approve the December 20. 1999 Council meetin~ minutes with corrections. All in favor. Motion carried unanimously. V. PAYMENT OF CLAIMS The City ofCenterville December 21 through January 12. 2000 Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to approve the expenditures for the City from December 21. 1999 throu2h January 12. 2000. All in favor. Motion carried unanimously. Council Member Nelson questioned why the engineering and legal fees were higher then budgeted. Mr. March responded the higher fees are due to an increase in attendance at meetings and an overlap from H.R. Green. Centennial Fire District - December & January Expenses Motion by Council Member Nelson. seconded by Council Member Travis to approve the expenditures for December and January Centennial Fire District expenditures. Motion carried unanimously. Page 2 of 6 Pay Estimate - Parkview Addition Mr. Peterson indicated the pay estimate is due for $22,872.23 (excludes path) to Hardrives, the contractor that paved the final wear course in Parkview. That item was removed from the contract shortly after they had finished everything else so that Bonine would be done with their work and not be the general in charge of that wear. Hardrives came back two or three months later and completed the wear resulting in this current bill. Mayor Wilharber questioned the quality of the paved path. Mr. Peterson commented the path was in poor condition and that it should not be paid for by the City. Mr. Peterson stated he has informed Hardrives about the path, but has not heard back from Hardrives on this issue. Motion by Council Member Sweeney. seconded by Council Member Broussard Vickers to approve the reauest for a $22.872.23 (excludes path) payment to Hardrives for the Parkview Addition. All in favor. Motion carried unanimously. VI. SET AGENDA Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to set the a2enda addin2 "Police Commission" as New Business #5. All in favor. Motion carried unanimously. Vll. PETITIONS AND COMPLAINTS Mr. March addressed a snowmobile complaint received by City staff Council Member Sweeney stated he has had complaints about the new firearm ordinance. VIII. UNFINISHED BUSINESS Laptop Computer Mr. March gave an overview of a laptop computer the City purchased in 1999 from Amacomp Inc. Mr. March indicated that due to malfunctioning of the laptop, it has been returned to Amacomp Inc. Udo Wegmann, Amacomp owner, has tried to replace the laptop, but has run into problems with the manufacturer. Amacomp is proposing the City exchange the laptop by purchasing a laptop he currently owns. Although his laptop is a different model, his proposal subtracts the cost of two components from when he purchased the laptop, and an additional $50 deduction for depreciation for having a used computer versus a new one. Mr. Wegmann was not able to be present at the meeting. Council Member Broussard Vickers questioned if there is any other alternative then the prQposal Amacomp is presenting. Mr. March indicated the option presented was the only alternative offered. Mr. Hoeft advised the Council that any legal action may be a timely process and would Page 3 of 6 not be cost effective to the City in this matter. Council Member Nelson stated that according to the IRS, a laptops life is five years. Council Member Nelson added at a cost of $1790, the laptop would depreciate approximately $30 per month. Council Member Nelson added that she would request a refund of $90 in depreciation costs versus the $50 proposed. Motion by Council Member Nelson. seconded by Council Member Sweeney to accept the Amacomp proposal upon acceptance of cham~inS! the $50 refund to $ 90 refund. alonS! with reauestinS! a refund for $201. which is the difference for the cost of the two comoonents: totalinS! a $291 refund to the City from Amacomp. All in favor. Motion carried unanimously. IX. NEW BUSINESS Consideration of Resolution 00-01 Appointments Motion bv Council Member Nelson. seconded by Council Member Broussard Vickers to approve the Resolution 00-01 Appointments. All in favor. Motion carried unanimously. Consideration of Resolution 00-02 Fee Schedule Motion by Council Member Sweeney. seconded by Council Member Nelson to approve Resolution 00-02 Fee Schedule. All in favor. Motion carried unanimously. Designation of Official Newspaper Motion by Council Member Travis. seconded by Council Member Nelson to desiS!nate the Quad Community Press as the City's official newspaper. All in favor. Motion carried unanimously. Animal Control Contract Motion by Council Member Sweeney. seconded by Council Member Nelson to approve the Animal Control Contract for 2000. All in favor. Motion carried unanimously. Police Commission Mayor Wilharber reported there has been one resident who has expressed interest in filling the Tri-City Police Commission vacancy. The City will need at least one additional member. Motion by Mayor Wilharber. seconded by Council Member Travis to appoint Jon Grashek Page 4 of 6 as the Centerville Tri-Citv Police Commission member. All in favor. Motion carried unanimously. Motion by Council Member Nelson. seconded by Council Member Travis to appoint Mayor Wilharber as the Centerville Tri-Citv Police Commission liaison. Mayor Wilharber abstained. Motion carried. x. CONSENT AGENDA Renewal of Kennel License - Tabled due to research needed on the number of animals housed at 7381 Peltier Lake Circle. Motion by Council Member Sweeney. seconded by Council Member Nelson to table kennel licenses until it is determined how many animals are housed at 7381 Peltier Lake Circle. All in favor. Motion carried unanimously. Renewal of Special Use Permits Motion by Council Member Broussard Vickers. seconded by Council Member Sweeney renew the Special Use Permits as stated. All in favor. Motion carried unanimously. \ XI. COMMITTEE REPORTS Park and Recreation Council Member Sweeney stated the Park and Recreation Committee is currently working on their budget. Fete Des Lacs Revitalization Committee (FDL) Mr. Sweeney stated the committee is moving in the right direction and there has been good attendance at the meetings. The Committee is currently looking at changing the parade route, and possibly adding softball/soccer tournaments along with a teen dance. Police Commission There will be a Police Commission meeting on Thursday, January 13, 2000. The Mayor stated the Commission is looking for a name and patch logo for the new Tri-City Police Commission. The Mayor and Council Member Nelson mentioned this could be published in the next newsletter. XII. ADMINISTRATORS REPORT Eagle Trucking Page 5 of 6 Mr. March indicated the Eagle Trucking is close to completing the environmental report. Ifit is not completed this week, it will be completed next week. XID. ADJOURNMENT Motion by Council Member Travis. seconded by Council Member Sweeney to adiourn the January 12.2000 Council Meetin2 at 7:10 p.m. All in favor. Motion carried unanimouslv. Respectfully submitted, 1\ c~~ Aimee Fairbrother Staff Liaison :ftaB~ 6 of 6 Approved 2-9-00 CITY OF CENTERVILLE CITY COUNCIL SPECIAL MEETING JANUARY 5, 2000 5 :00 p.m. Pursuant to due call and notice thereof, the City Council of the City of Centerville held a special meeting at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Mari Nelson Council Member Linda Broussard Vickers ABSENT: Council Member Dick Travis Council Member Terry Sweeney Staff members present: Jim March, City Administrator. ............................................................................ ) CALL TO ORDER Mayor Wilharber called the special meeting to order at 5:05 p.m. City Administrator Jim March updated the Council on the resignation of City Clerk Diane Ward. Mr. March asked that a special meeting be held so that he could present options for filling the vacancy. One of the options presented was to advertise and replace the existing vacancy with a full-time employee. Another option presented was to promote an internal candidate to a revised Clerk/Treasurer position and increase the hours of the two part-time receptionists. In this option a part-time account clerk would also be hired to assist in performing accounting duties. Mr. March also presented a request from staff to reconsider hiring an outside firm to perform the task of minute taking. Mr. March was instructed to acquire additional cost estimates for this service. Council was supportive to further investigate restructuring the position to better meet the long-term needs of the organization. Mr. March will bring revised job descriptions to the second Council meeting in January. ) Motion by Linda ~rou&~ard Vickers, seconded by Mari Nelson to adjourn the special meeting at 5:30 p.m. Motion carried unanimously. Res eC~J submi1' Jim ~~ ity Administrator ) j ) NOT APPROVED CITY OF CENTERVILLE CITY COUNCIL SPECIAL MEETING JANUARY 5, 2000 5:00 p.m. Pursuant to due call and notice thereof, the City Council of the City of Centerville held a special meeting at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Mari Nelson Council Member Linda Broussard Vickers ABSENT: Council Member Dick Travis Council Member Terry Sweeney Staff members present: Jim March, City Administrator. ......................................................................... CALL TO ORDER Mayor Wilharber called the special meeting to order at 5:05 p.m. City Administrator Jim March updated the Council on the resignation of City Clerk Diane Ward. Mr. March asked that a special meeting be held so that he could present options for filling the vacancy. One of the options presented was to advertise and replace the existing vacancy with a full-time employee. Another option presented was to promote an internal candidate to a revised Clerk/Treasurer position and increase the hours of the two part-time receptionists. In this option a part-time account clerk would also be hired to assist in performing accounting duties. Mr. March also presented a request from staff to reconsider hiring an outside firm to perform the task of minute taking. Mr. March was instructed to acquire additional cost estimates for this service. Council was supportive to further investigate restructuring the position to better meet the long-term needs of the organization. Mr. March will bring revised job descriptions to the second Council meeting in January. Motion by Linda Broussard Vickers, seconded by Mari Nelson to adjoUrn the special meeting at 5:30 p.m. Motion carried unanimously. Respectfully submitted, Jim March City Administrator