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HomeMy WebLinkAbout2001 CC Minutes ~ '. . CITY OF CENTERVILLE CITY COUNCIL MEETING JANUARY 10, 2001 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly sc meeting on January 10,2001, at City Hall, 1880 Main Street. PRESENT: Acting Mayor Dick Travis Council Member Linda Broussard Vickers Council Member Man Nelson ABSENT: None. STAFF: City Administrator, Jim March City Engineer, Tom Peterson City Attorney, Jim Hoeft Public Works Director, Paul P OTHERS: Tim Swedberg Mary Capra I. II. III. a ra r qu sted a letter regarding a Cub Scout request be added as item smess. Estimate #3 for Lift Station #2 be added under Payment of . March re sted letters from Mrs. Camp-Baron and Mr. Schoenberger be added under Petitions and Complaints. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to approve the a2enda with the requested additions. All in favor. Motion carried unanimouslv. Page I of 18 IV. PUBLIC HEARING (8) 1. Lloyd Drilling - Site Plan Mayor Swedberg opened the public hearing at 6:08 p.m. Mr. Drilling gave a brief overview of the submitted site plan for the proposed strip mall located at 1873 Main Street. Council Member Nelson questioned whether the pile of dirt currently located on the site would be used for the berm. Mr. Drilling stated that a portion of the dirt may be used for the berm. Council Member Nelson questioned whether the fence would be located on top of the berm. Mr. Drilling concurred. Council Member Nelson questioned whether the trail location met with the approval of the Rice Creek Watershed District. Mr. Drilling stated that the proposed project does not require Rice Creek Watershed District approval. Council Member Nelson questioned whether Mr. Drilling had spoken with the Parks and Recreation Committee concerning the trail. Mr. Drilling stated that the trail way would comply with City requirements. Council Member Capra questioned the size of the buffer to be located on the north portion of the property or proposed development. Mr. Drilling stated that there was a six (6) foot area between the building and the neighboring property. Council Member Nelson questioned whether anything would be done with the trail on the west side of the property. Mr. Drilling stated that modifications to the trail in that area would need to be done with the permission of Anoka County and Rice Creek Watershed District. Mr. Bruce Luikart, 7130 Peterson Trail, questioned whether the ditch would be filled in along the west side of the property. Mr. Drilling concurred subject to Anoka County and Rice Creek Watershed District's permission. Council Member Broussard Vickers questioned whether Mr. Drilling had determined the types of materials and colors for the exterior of the building. Mr. Drilling provided a drawing showing the front of the building being brick with lighter colored siding on the top. Mr. Drilling stated that for maintenance purposes, an entire brick front would be desired. Mr. March stated that Mr. Drilling had yet to provide a grading plan to Mr. Hoeft. Mr. March explained that Mr. Drilling's submission for site plan approval lacked several required submissions prior to receiving Council's approval or denial. Mr. March stated subsequent to the lack of the required submissions, Council is unable to approve or deny same. Page 2 of 18 Mayor Swedberg stated there was a meeting to discuss various administrative issues and the consensus was to empower commissions to handle all the specifics concerning these types of requests prior to being forwarded to Council. Council Member Broussard Vickers explained the Planning and Zoning Commission had passed on and approved this basic plan with the stipulation that Council would decide on the more definitive parts of the site plan as has been the procedure in the past. Planning and Zoning was comfortable that Council would provide Mr. Drilling with its final wishes for the proposed mall prior to approval. Mr. Drilling is in attendance to obtain Council's requirements for exterior building components and additional requirements recommended by Council. Mayor Swedberg noted he had thought there was consensus at the meeting earlier in the week to empower the commissions to do that sort of detail work. Council Member Nelson stated she would like to see the site plan go before the Parks and Recreation Committee for trail approval. Mayor Swedberg indicated a desire to try to develop a process that allows for total review by all commissions/committees prior to submission to Council. Mr. Jeff Turner, 7151 Peterson Trail, stated that the Planning and Zoning Commission recommended that Mr. Drilling bring a more detailed plan to this meeting. At the previous hearings for the west building where the front was redesigned, it was stated by residents that they would like greenery added to screen the proposed mall from Peterson Trail and that did not occur. Mr. Turner would like to see that the same mistake is not made twice. Mr. Turner stated it would be nice to have greenery added to the west building as a part of this site plan approval. Mr. Turner suggested trees or some type of shrubbery be also added in the northwest corner of the property. Mr. Turner submitted a letter concerning the increased traffic on Peterson Trail due to the proposed strip mall and requested dead-ending same. Mr. Turner stated that he has requested several times that a traffic study be completed on Peterson Trail. Mr. Luikart questioned the landscaping of the northwest comer of the property. Mr. Drilling stated that it would be sodded and maintained accordingly. Mayor Swedberg indicated he did not want to take up Council time on endless details. Mr. Turner questioned the process for obtaining resident input at the commission/ committee level. Mayor Swedberg noted that all commission/committee meetings are public and residents are free to attend. Mr. Turner asked Mr. Drilling what would be located in the northwest comer of the property. Mr. Drilling stated that a sloping, grassy area to route drainage to the swale that collects drainage and there is a six (6) foot fence at the back of the property. Mr. Page 3 of 18 Turner questioned whether there would be a possibility of an employee parking lot located in the northwest comer. Mr. Drilling concurred. Council Member Broussard Vickers stated that the City was in transition and Mayor Swedberg would like to see more of the details ironed out at the commission/committee levels. Mr. Eric Bowman, 7130 Shad Avenue, stated that he was representing his neighbor, Mr. Jerry Engler who was unable to attend and questioned if the berm would go north along the short job on the property. Mr. Drilling stated that he did not anticipate continuing the berm north. Council Member Broussard Vickers stated that the Bowmans were present at the previous Planning and Zoning Commission Public Hearing regarding the proposed strip mall where it was requested that the screen be at a ten (10) foot level to block the view of the residents on Shad Avenue. Mr. Bowman stated that Mr. Engler desired to have the berm run north to the edge of the property line. Mr. Drilling said he would consider Mr. Engler's request; however, he must comply with the City's drainage requirements. Mr. Drilling explained that drainage plans require the City Engineer's recommendations. Council Member Broussard Vickers stated that drainage considerations and recommendations would be made by the City Engineer, not the developer or residents. Mr. Bowman clarified that there would not be a driveway on Shad Avenue and thanked Mr. Drilling. Mayor Swedberg asked if Shad A venue were closed off how would the affected property owners react. Mr. Bowman stated that it would depend on where it was closed off. Mayor Swedberg suggested closing it off at County Road 14. Mr. Bowman stated that he felt it was a good idea but said the City would need to discuss same with the affected property owner on the Comer of Shad Avenue. Council Member Capra questioned how residents would feel if the City dead-ended Peterson Trail. Mrs. Bowman stated the residents on Shad A venue were concerned about an entrance onto Shad A venue due to increased traffic. Council Member Capra also expressed concern for the anticipated increase in traffic levels due to the addition of another shopping mall and its location to the existing shopping mall. Mr. James Bigelow, 7143 Shad Avenue, stated he wanted to make sure Council knew that not all residents in Centerville are in favor of more commercial areas in the City. There are a lot of individuals who moved here knowing it was a bedroom community and expected that taxes would be higher. Mr. Bigelow expressed concern for closing Peterson Trail because that would increase the traffic on Shad Avenue. Peterson Trail is a main north/south traffic artery and closing it would put a lot more traffic on other streets. He personally would rather not see a retail or commercial center there. Page 4 of 18 Mr. Jeff Turner, 7151 Peterson Trail, stated he understands the concern for increased traffic on Shad Avenue. However, he believes if Peterson Trail was a dead end that would divide traffic between Old Mill Road and Shad Avenue. The least amount of damage is done and both streets share in increased traffic. Mr. Bowman stated Mr. Turner's proposal would direct traffic onto Shad Avenue that was not there before. Peterson Trail is a major north/south traffic path for many people and if it were closed off there would be increased traffic on other streets. Mayor Swedberg indicated there are concerns for traffic management, which can be mitigated, but the question is how to proceed. Council Member Nelson inquired as to whether dead-ending Peterson Trail would have an impact on Mr. Drilling's project. Mr. Drilling indicated it would not hurt the project to dead-ending Peterson Trail. Mr. Drilling stated he would not want to see the project hinging on dead-ending Peterson Trail, as traffic flow on Peterson Trail has been a concern for many years. Council Member Nelson concurred with Council Member Capra in her concern for automobile and pedestrian traffic crossing Peterson Trail. She is not necessarily in favor of dead ending Peterson Trail but it would be good to have Planning and Zoning review it. Council Member Broussard Vickers indicated that Peterson Trail and other traffic issues are separate from this issue and she would not see where the City would have the ability or the desire to stop this project until the bigger issues concerning traffic are resolved. The residents of Shad A venue and the residents of Peterson Trail will never agree on how to solve the traffic issue. Council Member Broussard Vickers expressed concern for sending this item back to Planning and Zoning as this process was started under the former Council and it seems somewhat unfair to send it back because Council intends to change the process. Mr. Drilling is aware of what he needs to provide to Council in order to receive final approval. Mr. Drilling can work with Staff to provide enough information to prepare his final site plan for the next Council meeting. Council Member Nelson stated she was okay with not sending it back to the Planning and Zoning Commission as long as the Parks and Recreation Committee has seen and approved the plan for the trail. Council Member Capra inquired as to whether there was a Parks and Recreation Committee meeting prior to the next Council meeting. Mr. March indicated there was not a Park and Recreation Committee meeting prior to the next Council meeting. He then indicated the Parks and Recreation Committee has approved the location of the trail. Mayor Swedberg questioned the amount of entrances onto Main Street. Page 5 of 18 Council Member Broussard Vickers indicated the County would not allow it. Mr. Luikart questioned where and when residents would be asked for input on landscaping. Council Member Broussard Vickers explained that typically would have been heard at the first two public hearings before the Planning and Zoning Committee. Mr. Luikart would like to see an evergreen barrier along his property line and possibly a fence. Mr. Drilling questioned the length of Mr. Luikart's fence. Mr. Luikart indicated it was 80 feet and did not quite go all the way to the comer due to the tree line. Mr. Drilling stated if trees were added the fence may not be needed. Mr. Drilling stated he could add trees and a fence if need be. Mr. March suggested tabling this matter to the next Council meeting for further input on the landscaping plan rather than having to re-notice for another meeting. Mayor Swedberg questioned whether it was appropriate to have residents submit written comments concerning the site plan. Mr. Hoeft said it was appropriate to have written resident input and procedurally it would be best to table this matter rather than re-notice for another meeting. Mayor Swedberg noted Mr. Drilling has been very accommodating to resident concerns. Mr. Drilling asked if Council tables the public hearing would it be revisited later at this meeting. Mayor Swedberg indicated it would be revisited later at the meeting. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to continue the public hearine to Januarv 24. 2001. at 6:00 ".m. All in favor. Motion carried unanimously. V. APPEARANCES/AWARDS None. VI. CONSIDERATION OF MINUTES 1. December 27, 2000 Meeting Minutes Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to approve the December 27. 2000. City Council Meetinl: Minutes as presented. Ayes - 3 Abstain - 2 (Swedbere!Capra). Motion carried. VII. PAYMENT OF CLAIMS The City ofCenterville December 28. through January 10.2001 Page 6 of 18 Motion by Council Member Nelson. seconded bv Council Member Broussard Vickers to approve the expenditures for the City from December 28. 2000 throu~h January 10. 2001. All in favor. Motion carried unanimously. Centennial Fire District Expenses Council Member Broussard Vickers questioned the piece of equipment that was purchased for $18,000. Mr. March noted it was the thermal imaging camera. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to approve the Centennial Fire District Expenditures checks #12473-12484 in the amount of $30.683.43. All in favor. Motion carried unanimously. Pay Request #3 for Lift Station #2 City Engineer Peterson explained this is Pay Request #3 for Lift Station #2 for installation and construction of the control panel. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to approve Pav Request #3 for Lift Station #2 in the amount of $18.793. All in favor. Motion carried unanimouslv. VIII. PETITIONS AND COMPLAINTS 1. Letter from Don Schoenberger Mayor Swedberg explained Mr. Schoenberger, 7018 Dupre Road, has had a problem with Waste Management, as his garbage was not picked up. Council Member Capra asked Mr. March if this mistake could be attributed to garbage pick up being on a holiday schedule for the week in question. Mr. March indicated twice Waste Management told Mr. Schoenberger that his garbage would be picked up later that day but it was not. Waste Management has not responded to the complaint yet, however, the customer service person lives in Centerville and has been very responsive on other occasions. Mr. March believes she is out on vacation. Mr. March stated sometimes there is problems with pick up when the regular driver is off and there is a substitute driver. This appears to be an isolated incident and Mr. March speak with the General Manager and request that this issue be addressed. Council Member Nelson stated she would like to have Waste Management deal with the issue in writing and forward same to Council. Council Member Travis indicated this appears to be an isolated incident and the suggestion to have more than one (1) garbage hauler in the City is not the answer. Waste Management appears to have a good system in place for dealing with customer service issues and he is satisfied the issue will be handled properly. Page 7 of 18 Council Member Broussard Vickers noted Council has discussed the issue of allowing more than one (1) garbage hauler in the past and it was decided to allow one (1) hauler. This is a very good incentive for Waste Management to provide excellent customer service in order to ensure their contract will be renewed. 2. Letter from Mrs. Camp-Baron Mayor Swedberg explained the Barons have asked to receive an extension on the 60-day time frame to clean up their lot and bring it into compliance with Ordinance #4 due to snow and ice. Council Member Capra questioned whether anyone has checked the condition of the property since the Barons were notified to clean it up. Mr. Palzer indicated the 60-day period expires on January 12, 2001 and he had intended to call the Barons to set up an appointment to inspect the property the following week. Council Member Capra questioned whether there was someone who knew what it looked like initially so they would be able to tell if progress had been made. Council Member Travis indicated the City has pictures of the condition of the property. Mr. Ray DeVine, 1695 Main Street, stated the Barons have cleaned up several items and appear to be making progress. Council Member Broussard Vickers inquired as to whether Council has the authority to grant the extension and ifit does, what sort of precedence would it set. Mr. Hoeft stated that Council does have the authority to grant the extension. He then recommended letting the 60-day time period expire, Mr. Palzer inspect the property to determine whether the issues are weather related, and Council consider the extension. Motion by Council Member Nelson. seconded bv Council Member Broussard Vickers to direct Staff to inspect the Baron property after the expiration of the 60- day time period to determine whether there is valid reason to believe further clean up is bein!: impeded by weather. All in favor. Motion carried unanimouslv. IX. UNFINISHED BUSINESS 1. Downtown Snow Removal Mayor Swedberg explained there is a safety issue for children getting to school due to the build up of snow on sidewalks in the downtown area. There are also issues of downtown parking if there are windrows of snow, the cars park farther and farther away from the curb into the street, which creates a hazard. Mr. March stated that the Mayor and several business owners had met on Monday to discuss snow removal issues at the comer of Centerville Road and Main Street. In the last couple of days there have been several instances in the news of cities having issues with downtown snow removal so this is not a problem specific to Centerville. The City Page 8 of 18 is attempting to establish a policy for snow removal and this may become a city responsibility in the downtown area. The City is not talking about removing snow from private sidewalks but along Centerville Road and Main Street the plows are pushing snow onto the sidewalks. Mr. March will present a draft snow removal policy for Council consideration at their next meeting. Council Member Broussard Vickers questioned whether the City had removed any snow from the area. Mr. March stated that he directed Public Works to push the snow back from the area where the children wait for the bus; however, no snow has been removed. Mayor Swedberg questioned whether there would be a memorandum of understanding between the City and property owners concerning the snow removal policy. Mr. March explained when the policy is determined; Staff will notify residents and business owners in the downtown area. The City intends to clarify what conditions need to exist prior declaring a snow emergency, which will give property owners permission to push snow into the County right-of-way, and the City will remove same. Council Member Travis stated he drove by after he got the e-mail and it appeared to him there was little or no effort to clear a path on the east side of Centerville Road and the south side of Main Street. The children had stomped a path through the snow but the property owner had not cleared even a walkway. Council Member Travis questioned what the responsibility of the business owner is for snow removal. Mr. March indicated he has spoken to the business owner and he and the business owner came to an understanding that the sidewalk is a public sidewalk and the business owner is responsible for removing the snow. Mayor Swedberg noted the City should make the schools aware of the designated walking routes within the City. Mayor Swedberg noted he had received an e-mail from a resident concerning citywide removal of snow from sidewalks and wanted to make Council aware it may need to be addressed at a later time. x. NEW BUSINESS 1. Joyce A. Stevens - Rezone from R2 to 11 Request - (7007-20th Avenue) Council Member Broussard Vickers indicated residents present at the Planning and Zoning meeting were opposed to the rezone. This parcel is unique in size and shape and the owner would like to sell the property and a zoning change would make it easier to do so. There are larger concerns for the parcel due to the size and shape and the fact there is a floodway located on the property. The property owner is paying commercial! industrial taxes based on use not zoning. Most residents did not object to the current operation but were opposed to expansion of the business or the rezoning the property. The rezone was denied because the property owner asked for industrial zoning which the Planning and Zoning Commission did not believe was an appropriate use for the property. There is commercial property along the side of the street the property is located on and the other side is zoned industrial. The business located on the property is Page 9 of 18 nonconforming and, therefore, the use cannot be intensified. The business can maintain the building but not improve or enhance it. Mr. Don Moe, 7040 Brian Court, stated he had addressed the Planning and Zoning Commission stating he felt the City is obligated to follow the Comprehensive Plan for this piece of property. Mr. Moe strongly objects to industrial rezoning because of the ecological issues the floodway presents and, in the event of a rezone, the loss of control if in the future the current business decides to sell and a more disruptive business comes in. He understands Mrs. Stevens wishes to make money by selling the property but as a neighboring resident he does not want industrial property in his neighborhood. Ms. Susan Luke, 7026 Brian Court, questioned if the buildings currently located on the property comply with industrial zoning regulations. Council Member Broussard Vickers stated they did not conform to any type of zoning and are classified as nonconforming. If the zoning were to be modified, there are major issues concerning the floodway that would govern what could be built on the property. Mr. Hoeft clarified the buildings are classified as a pre-existing, non-conforming, use meaning the business cannot expand or intensifY its use. Council Member Capra questioned whether residents have any issues with the building currently located on the property. Ms. Luke indicated her lot abuts the property but she looks out and sees the house on the property as a nice buffer between her lot and the pole building. Ms. Luke indicated her main concern with rezoning the property is all likelihood the house would be tom down. Mayor Swedberg asked the other residents in attendance if they had any issues with the business as is. Mr. Moe indicated he had no problem with the current use of the property. There may be an issue with the new development to the south with it overlooking the lot with no natural buffer. Council Member Nelson stated that she was in favor of a rezone if it was not in the floodway. Mayor Swedberg expressed concern for allowing an industrial use of the property that may jeopardize the wells located downstream from the property. In his opinion, a rezone was inappropriate. Motion bv Council Member Broussard Vickers. seconded by Council Member Nelson to deny the rezone request for 7007 - 20tb Avenue from R2t to 11. AIl in favor. Motion carried unanimously. Council Member Broussard Vickers indicated the primary objection is to Industrial zoning not Commercial and it is possible Mrs. Stevens would request a rezone to commercial. A member of the audience questioned if Mrs. Stevens requested a rezone to Commercial would residents get notice of the meeting. Council Member Broussard Vickers indicated residents would be notified. Page 10 of 18 Council Member Capra questioned whether the business needed a Special Use Permit to continue its operation. City Attorney Hoeft explained the Special Use Permit was brought up as a way to allow the current owner to somehow expand or intensify the business. The City would be able to better control the operation through the special use permit process. If the business continues to operate as it currently does, there is no need for a Special Use Permit. Mayor Swedberg questioned whether intensification of the business could happen without involving the building. City Attorney Hoeft indicated there may be a possibility of this happening; however it would require investigation to determine whether it was an expansion or intensification. Mayor Swedberg questioned whether the Rice Creek Watershed District would be interested in purchasing the floodway property. Mr. March indicated he did not believe they would. Mayor Swedberg directed Staff to contact Rice Creek Watershed District to ascertain if they would be interested in purchasing same. Mr. Hoeft explained the City's Comprehensive Plan does take precedence over the City's zoning plan. This is a change as it used to be the zoning plan took precedence over the Comprehensive Plan and the plan went along for the ride. If the Comprehensive Plan denotes the property as Commercial, it does so because a commercial use for that property is a better buffer between the Residential area and the intensified roadway. Council does need to follow the Comprehensive Plan in this instance. The Comprehensive Plan may be amended at any time if Council deems it appropriate; however, it will need to be followed. Mr. Hoeft cautioned Council against spot zoning this piece of property. Council Member Travis stated the current business owner does not do a considerable amount of business out ofthe building, but previously there had been more activity at the location. He questioned how the City would determine an intensification and what that is based on. Mr. Hoeft stated that the City would need to look back historically to the point where controls making the use non-conforming were put in place and the level of the activity at that point would be the maximum use for the property. 2. Lloyd Drilling - Site Plan Council Member Broussard Vickers indicated Mr. Drilling would like direction from Council as to what Council would like to see on the final site plan. Council Member Broussard Vickers stated she would like the berm to come out as far as the Anoka County will allow, she would like the berm to be four (4) feet high with at least a six (6) foot high fence on top, she would like to see a specific plan for how the northwest comer of the property will be landscaped. The developer's agreement will need to specify standards for the trailway. Mr. Drilling questioned whether the standards for the trailway complied with City code. Mr. March indicated he would provide Mr. Drilling with the Anoka County trailway specifications. Page 11 of 18 Council Member Broussard Vickers indicated color and design of the building were not that important to her provided it was aesthetically pleasing to look at. Council Member Capra questioned the location of the proposed trail way in relation to the trees on the Shad Avenue comer of the property. Mr. Drilling pointed out the trailway on the site plan map and indicated if the County will not allow the trees to stay where they are, they will be relocated somewhere else on the property. Mayor Swedberg questioned the amount of commercial development in an area before the City needs to talk to the County about adding turn lanes on Main Street. Mr. Peterson indicated the request is usually as a result of a number of accidents in the area. Just adding the driveway onto Main Street would not warrant turn lanes. Mayor Swedberg questioned whether it was a good idea for the driveways from the two (2) commercial areas to match up. Mr. Peterson concurred. Mayor Swedberg questioned whether the City needed to restrict the hours of operation to mitigate noise for neighboring residents. Council Member Broussard Vickers stated that City Ordinance would cover this issue. Mayor Swedberg questioned whether Centerville restricts 24-hour businesses. Council Member Broussard Vickers indicated 24-hour businesses have not been an issue. Mayor Swedberg questioned whether the Fire Chief would have a problem with the berm and fence. Mr. Drilling indicated there should be plenty of access for fire vehicles. Council Member Broussard Vickers indicated final site plan approval would be contingent upon the approval of the police and fire departments. Council Member Nelson questioned if permission was granted from Anoka County and Rice Creek Watershed to fill in the ditch and connect the trail, whether or not Mr. Drilling was willing to pay for same. Mr. Drilling stated that he would be willing to extend and flatten the existing trail way to ensure uniformity between the two (2) shopping malls. Mr. Drilling stated that the City could partake in some of the ditching. Council Member Travis indicated he did not have a problem with the proposed site plan and felt no need for the City to get involved with the architectural features and colors of the building. The concerns of residents have been met and he can think of no other additions to the site plan. Council Member Capra asked if Mr. Drilling could hang up the colored map of the building. Council Member Capra questioned whether the colors on the map were the colors Mr. Drilling intended to use for the building. Mr. Drilling indicated the colors were not the colors he intended to use for the building and requested input from Council. Mr. Drilling expressed a desire to have this proposed building look similar to, but not exactly like, the existing building. Council Member Broussard Vickers asked Mr. Drilling to incorporate the same green color used for the shingles on the other building into some aspect of the proposed Page 12 of 18 building. Council Member Broussard Vickers indicated Mr. Drilling needed to provide Council with landscape and grading plans and specify exterior building color at the next meeting. Mayor Swedberg questioned whether there would be exterior lighting at the building. Mr. Drilling indicated the lighting would be the same as the other building. Council Member Nelson commented the lighting at the other building has worked well. Mayor Swedberg questioned whether the doorways would be wide enough for a wheel chair to pass through. Mr. Drilling explained state law required all buildings to be handicapped accessible. Council Member Broussard Vickers questioned whether Mr. Hoeft would be drafting the developer's agreement. Mr. Hoeft indicated Council would approve the site plan subject to an approved developer's agreement at the next Council meeting. Council explained Mr. Drilling would need to provide a plan for landscaping, including the style and height of fence, a grading plan, elevation of all sides of the building, specifics for the service area on the property, and a plan showing the colors and types of materials to be used for the building. Mr. March suggested Mr. Drilling apply for his Anoka County access permit. 3. Anoka County HRA Budget for Chauncey Barett Gardens Mr. March noted the copy of the operating budget for Chauncey Barett Gardens found in Council packets was for informational purposes only to make Council aware of the City's name being on the essential function bond that financed the project. 4. Cost of Living Increase Mayor Swedberg explained at the beginning of each year Council adjusts the payroll chart to reflect a cost of living adjustment to the wage schedule. Based on information gathered from numerous cities and it appears that three percent (3%) is the average. Council Member Capra questioned whether the surveyed communities used three percent (3%) for just cost of living or did that percentage include normal step increases. Mr. March indicated the three percent (3%) was only a cost of living increase. Mayor Swedberg noted the three percent (3%) increase was in line with federal agencies. Motion by Council Member Travis. seconded by Council Member Broussard Vickers to approve a three percent (3%) cost of livin!! increase as presented to Council. All in favor. Motion carried unanimously. 5. 2001 Fee Schedule (Resolution #01-001 ) Mr. March noted the items highlighted on Council Member's copies of the fee schedule had been adjusted already. Fees can be increased at any time during the year but the City has always made a point to review fees at the beginning of the year. Page 13 of 18 Council Member Nelson questioned whether fees and permits were determined based on actual administrative costs. Mr. March stated that administrative costs have increased and that is the basis for increasing fees. The City could be challenged iffees and permits do not follow actual expenses. Mayor Swedberg indicated he does not understand the fee schedule and suggested Council hold a deeper discussion on this matter at a future date. Mr. March suggested a workshop session and asked that Staff be made aware of any issues the Mayor would like researched. Mayor Swedberg questioned whether the current fee schedule would remain in place if this Resolution were tabled for further discussion. Mr. Hoeft indicated the City has a fee schedule that would apply if this new Resolution is not approved. Fees have to have a rational relationship to the costs involved but it is a bit arbitrary as it is very difficult to determine the exact costs for services. Council Member Broussard Vickers suggested Mayor Swedberg speak to Staff concerning questions on the fee schedule indicating she did not see the need for an entire workshop on the issue. Council Member Nelson stated she would like to have the Resolution passed to make the increase in park dedication fees effective. She concurred with Mayor Swedberg on having a workshop. Council Member Capra noted in looking over the fee schedule she noticed there is a dance fee she was unaware of which will apply to the Cub Scout Dance this weekend. Council Member Capra suggested Council adopt the Resolution and revise it at a later time if deemed it appropriate. Mr. March noted the next quarterly utility billing would be affected if Council waited for approval. Motion by Council Member Broussard Vickers. seconded bv Council Member Capra to approve Resolution 01-001 as presented. All in favor. Motion carried unanimously. 6. 2001 Appointments (Resolution #01-002) Mayor Swedberg asked Mr. Hoeft if it were possible to designate a rotating Acting Mayor. Mr. Hoeft indicated it would be permissible to do so, but administratively it may be hard to track. Consensus was to appoint Council Member Travis as Acting Mayor. Council Member Broussard Vickers expressed her desire to continue as Council Liaison to the Planning and Zoning Commission. Page 14 of 18 Council Member Capra stated she was willing to serve as the Council Liaison to the Cable Commission but has a conflict through the month of April and would not be available until the first of May. Mayor Swedberg volunteered to be the Alternate for the Cable Commission indicating he would attend the meetings until Council Member Capra was available. Council Member Travis volunteered to continue to serve on the Fire Steering Committee. Mr. March noted typically the Mayor and a Council Member from each city, the Fire Chief, and City Administrators meet on a quarterly basis to discuss Fire District issues. The City Engineer is Bonestroo, Rosene, Anderlik & Associates. The City Forester is Joe Goetz of Goetz Landscape. Mayor Swedberg noted there is a vacancy on the Economic Development Commission and invited residents to apply. Mr. March noted he had recently received a letter of interest from Mr. Rick Terway. Mayor Swedberg stated he would like to hold off on appointing liaisons until next month to allow time to talk to the various committees. The City's official depository is First State Bank In Hugo and County Bank In Centerville. The City's official newspaper is Quad Community Press. The City's responsible authority is Mr. March. Mayor Swedberg noted he was honored to be the Weed Inspector per state law and asked that in his absence Mr. Paul Palzer serve as the Deputy Weed Inspector. Motion by Council Member Nelson. seconded by Council Member Travis to approve Resolution 01-002 as presented with the reauested chanl!:es. All in favor. Motion carried unanimously. 7. Ordinance #4 - Amendments Council Member Broussard Vickers gave a brief overview of the purposes behind the proposed amendments. Motion bv Council Member Nelson. seconded by Mayor Swedberl!: to approve the Ordinance #4 amendments as presented. All in favor. Motion carried unanimously. 8. Ordinance #39 - Sign Council Member Broussard Vickers indicated this was a new ordinance that would supersede any information on signage currently listed in Ordinance #4. The Planning and Page 15 of 18 Zoning Commission looked at sign ordinances from numerous cities in formulating this new ordinance. Council Member Capra noted the Economic Development Committee has requested that Council not approve this until it receives clarification on commercial signage concerning wall signs. Council Member Nelson stated she objects to home-based businesses with county road frontage being allowed 24 square feet of signage. Her main concern is for allowing a commercial type sign in a residential yard. Council Member Broussard Vickers stated she did not believe there were very many locations where this new signage would apply. Council Member Nelson expressed a concern for the size of the sign and stated she believed the issue was worth the expense and time of re-noticing for a public hearing. She stated she would be more comfortable if a larger sign were allowed just along Main Street but not all county roads. Council Member Broussard Vickers indicated she believed the size of the sign would be more of a problem along Main Street than along county roads where vehicles travel at a higher rate of speed. Mr. March stated he believed based on the speed of traffic, the sign would not appear that large. Council Member Broussard Vickers inquired as to the cost of publishing for a public hearing. Mr. March indicated the cost was approximately $75. Council Member Nelson would like to remove the last two (2) sentences and allow home- based businesses a sign of only four (4) square feet. Motion bv Council Member Nelson. seconded bv Council Member Capra to send Ordinance #39 back to the Plannin!!: and Zonin!: Commission to review the section of the ordinance concernine home-based business si!!:ns. Specifically reauestine the sentence concernin!!: size of si!!:n allowed for businesses with county road fronta!!:e be deleted. the size of the si!:n remain no lar!!:er than four (4) sauare feet. and the si!:n not be an interior-illuminated si!!:n. All in favor. Motion carried unanimously. Council Member Capra noted she would let the Economic Development Committee know that if there are further questions, a representative should be at the Planning and Zoning Commission meeting to discuss it. 9. Purchase of a 2001 Ford Sterling Plow Truck Mayor Swedberg noted Mr. Palzer has put together criteria for the purchase of a new plow. The current plow is used and the City has budgeted over a three (3) year period for this purchase. Page 16 of 18 Mr. Palzer presented brochures regarding the proposed plow for review. The quotes were put together through the State Bid Package process. There are two (2) separate quotes, one for the plow truck and one for the body, plow and sander. Mr. Palzer anticipates that the vehicle will last 20 or 25 years. Mr. Palzer asked for an additional $321 for a hitch system. Mr. Palzer stated that the quote from J-Craft is good through the end of March. Mr. Palzer stated that Ford Motor Company allocates a certain number of vehicles for this type of use and they were out of vehicles by February last year. Council Member Capra questioned when the City would receive the truck. Mr. Palzer stated it takes between four (4) and five (5) months. Council Member Broussard Vickers questioned where the truck would be purchased. Mr. Palzer explained the truck would be purchased from Boyer Trucks and the body and plow package would be purchased from J-Craft. Mr. Peterson left the meeting at 9:08 p.m. Motion by Mayor Swedber!!:. seconded by Council Member Nelson to purchase the 2001 Ford Sterlin!!: Plow/Sand Truck as presented not to exceed $90.000 plus tax. freil!:ht and license. All in favor. Motion carried unanimously. Council Member Broussard Vickers questioned the color of the truck. Mr. Palzer indicated it would be blue. 10. Resignation of Earl Fleischman - Public Works Vacancy Mr. March asked Council to acknowledge and accept the resignation of Mr. Earl Fleischman. Mr. March and Mr. Palzer have discussed filling the vacancy and propose looking at the list of candidates from the last round of interviews. Mr. March noted he would like to contact the second place candidate to see it the individual would still be interested. Motion bv Council Member Nelson. seconded by Council Member Broussard Vickers to accept the resi!!:nation of Mr. Earl Fleischman. All in favor. Motion carried unanimously. 11. Special Use Permit Renewals Mr. March explained Council renews the Special Use Permits on an annual basis. There have been no complaints concerning any of the businesses operating under Special Use Permits. Motion by Council Member Broussard Vickers. seconded by Council Member Travis to approve the Special Use Permit renewals as presented. All in favor. Motion carried unanimously. 12. Cub Scout Reauest Page 17 of 18 \. 4. ~.. Council Member Capra requested the dance fee be waived for the Cub Scouts Dance. Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to waive the dance permit fee based on the Cub Scouts nonprofit or2anization status. Aves - 4 Navs - O. Council Member Capra abstained. Motion carried. XI. CONSENT AGENDA None. XII. COMMITTEE REPORTS Council Member Broussard Vickers reported the Planning and Zoning Commission will have a public hearing to discuss the sign ordinance. Mr. March reported the Fire Steering Committee meets on January 18,2001. XIII. ADMINISTRATOR'S REPORT Mr. March reported the one (l) union member has voted on the contract extension and voted to accept the City's request for a three-year duration. This matter will be before Council at the next meeting. Council Member Nelson requested Staff contact Anoka County and Rice Creek Watershed District regarding the west mall trail to see if the ditch could be filled in and the trail connected to the trail at the east mall. Mayor Swedberg reported the League of Minnesota Cities has a new piece of software for city websites and the City could be a test site for them. It would cost the City $500 to procure this service and there would be a charge of $20 per month. This may be a real advantage to the City as the City would not have to maintain the site. XIV. ADJOURNMENT Motion by Council Member Nelson. seconded bv Council Member Broussard Vickers to adiourn the January 10. 2001 City Council Meetine at 9:20 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. , Proofed by: ~~ ~~----- Teresa Bender, Clerk/Treasurer (Staff) Page 18 of 18 ---- -~_.- ~ , > Forwarded to Council Members Via e-mail on 2/1/01 at 2:46 p.m. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Linda Broussard Vickers Council Member Mari Nelson CITY OF CENTERVILLE CITY COUNCIL MEETING JANUARY 24, 2001 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly sc meeting on January 24,2001, at City Hall, 1880 Main Street ABSENT: None. STAFF: City Administrator, Jim March City Engineer, Tom Peterson City Attorney, Jim Hoeft Public Works Director, PIal e I. II. oium, Waste Management, was in attendance to lai t discussed at the previous meeting. s ted that he was made aware of Council's request for a written response and e ame if desired. Council ember Nelson thanked Mr. Boium for his personal appearance and stated that a written response was not necessary. Page 1 of14 Forwarded to Council Members Via e-mail on 2/1/01 at 2:46 p.m. Motion bv Council Member Broussard Vickers. seconded by Council Member Nelson to approve the agenda with the reauested addition. AU in favor. Motion carried unanimouslv. III. PUBLIC HEARING (8) 1. Lloyd Drilling Mayor Swedberg opened the tabled public hearing from the previous meeting at 6: 10 p.m. Mr. Drilling submitted drawings of the site plan for the proposed strip mall to be located at 1873 Main Street. The site plan showed the exterior colors of the building. Mr. Drilling also submitted a picture of a sample fence to be used to house the garbage receptacle. Mr. Drilling stated that the fence is to be chain link with screening. Mr. Drilling also stated that the trailway would be built to County specifications as requested by Council. Mr. Drilling explained he would like to build a three (3) foot berm rather than the previously discussed four (4) foot berm to aid in drainage and maintenance. There would be a six (6) foot fence on top of the berm. Mr. Drilling expressed willingness to match the northwest neighbor's fence if the neighbor desires. Mr. Drilling showed pictures of the trees currently located on the site and indicated if the County allows, the trees will remain in place; however, if the County requests that the trees be moved, they will be moved to the northwest comer of the property. If the County does not allow the trees to stay then five (5) or six (6) foot evergreens would be installed on the site. Mr. Drilling explained that evergreens are a typical landscaping tree. Mr. Drilling stated the building would have an exterior, brick front with metal siding. Council Member Capra questioned the location of the signs for the businesses. Mr. Drilling stated that signage would be located along the front of the building in the three (3) foot space provided. Signage would be handled similar to that of the current strip mall. Mayor Swedberg questioned the type of signage that would be installed. Mr. Drilling stated that the current strip mall has uniform signage with the exception of the daycare. Mr. Drilling explained that the type of retailer in the space typically dictates signage, however, all signage would be backlit. Mr. Peterson indicated Mr. Drilling has met the contingencies for the site plan as outlined in Mr. Peterson's letter to the City. Mr. Hoeft indicated final site plan approval needs to be subject to Mr. Peterson's approval and subject to an approved Developer's Agreement. Mayor Swedberg indicated he would like to see deciduous trees placed in front of the building rather than Page 2 of 14 FOlwarded to Council Members Via e-mail on 2/1/01 at 2:46 p.m. evergreens. Mr. Drilling indicated he had spoken to a tree expert who had indicated it was very hard to get deciduous trees to grow that close to Main Street due to the salt spray. Mr. Drilling expressed a willingness to plant whatever type of tree Council reqUires. Council Member Capra questioned whether the trees located on the site would remain. Mr. Drilling stated he would like to leave the evergreens and apple trees on the east side of the property, but believes that Anoka County would request that they be removed. Council Member Capra questioned whether there would be a fence and evergreens in the northwest comer of the property. Mr. Drilling indicated there would be a fence and evergreen trees. Council Member Capra questioned the purpose of the submitted draft Developer's Agreement. Mr. Hoeft explained it was a draft submitted by Staff to show Council the language contained in a typical Developer's Agreement. Mr. March indicated the document was provided for review and to become familiar with the language contained in same. Mr. Hoeft indicated Council would need to approve the Developer's Agreement. If Council approves the site plan, Mr. Drilling has preliminary go ahead to move along in the process with no construction until Council has approved a Developer's Agreement. Mr. March indicated he spoken with Anoka County Highway Department and was infonned that they would allow a bituminous trail in its right-of-way. Mr. March stated the County would allow the ditch to be filled, but reserves the right to review the culvert subsequent to placement. Mr. March stated that the City needs a written detail of landscaping plans in order to assign a value to the landscaping to be included in the Developer's Agreement. Mr. Drilling stated that the design of the building might change in regards to doors and windows. Mr. March questioned the final detennination of the building design and explained that the City is concerned that the building will be constructed differently than the submitted plans suggest. Mr. March indicated the east and west elevations of the building are crucial in regards to the appearance of the building. Mr. Drilling stated that he previously submitted elevations at the last meeting and would be willing to resubmit same if Council desired. Mr. Drilling stated that the drawings of the building would be modified slightly, if any. Council Member Nelson stated she was disappointed that site plan information was not contained in her packet for prior review. Mr. Drilling stated that he did not recall stating that he would provide information to Council Members' homes and apologized for the oversight. Mr. Drilling stated that he had attempted to address Council's concerns of the previous meeting, such as exterior color of the building, trailways and fencing. Mr. Drilling stated that if Council grants approval of the preliminary site plan, the remaining requirements, that Council deemed appropriate, could be contained in the Developer's Agreement. Page 3 of 14 Forwarded to Council Members Via e-mail on 2/1/01 at 2:46 p.m. Mr. Bruce Luikart, 7130 Peterson Trail, questioned the type oflighting in the rear of the building. Mr. Drilling stated that the lighting would be similar to the current strip mall. Mr. Luikart questioned whether the rear, exterior of the building would be brick. Mr. Drilling stated that the rear, exterior of the building would be sided. Mayor Swedberg questioned Mr. Luikart as to his thoughts of the proposed strip mall. Mr. Luikart stated that he could live with the building. Mr. Jerry Engler, 7127 Shad Avenue, requested that the berm run along the north/south jog of the property. Mr. Drilling stated that he had not planned to have a berm in that location. Mr. Drilling also stated that there would be a six (6) foot fence installed on the top of the berm and trees would run north to south on the property line on the Drilling side of the fence. Mr. Peterson explained he was unable to comment on whether a berm along the north/south jog would interfere with drainage, as he did not have a map with contours. Mr. Engler asked Mr. Drilling if his trees and stakes would be replaced that were removed by construction workers when the site was cleared. Mr. Drilling agreed to restore Mr. Engler's property to its original state. Mayor Swedberg requested that Mr. Hoeft investigate whether berming the north/south jog would interfere with drainage. Mr. Engler stated he desired the berm to be moved out to the west beyond where the proposed fence is located. Council Member Broussard Vickers stated that Mr. Engler's proposal was unacceptable due to the separation of the berm and the fence. Council Member Broussard Vickers felt that this would not be attractive. Mr. March suggested waiting for Mr. Peterson's report on drainage prior to determining whether a berm in the location would work. Mr. Engler questioned the height of the trees that Mr. Drilling intended on installing. Mr. March indicated Mr. Drilling needed to submit a detailed landscaping plan, which would provide that information. Mr. Drilling indicated he would either leave the larger trees currently located on the site or use five (5) or six (6) foot landscape evergreens dependent upon County suggestion. Mr. Engler asked that construction traffic not enter the lot from Shad Avenue. Motion bv Council Member Nelson. seconded by Council Member Broussard Vickers to close the public hearinl!. All in favor. Motion carried unanimouslv. Mayor Swedberg closed the public hearing at 6:50 p.m. Page 4 of 14 Forwarded to Council Members Via e-mail on 2/1/01 at 2:46 p.m. 2. Chicilo Homes Mayor Swedberg opened the public hearing at 6:51 p.m. Mr. Chicilo submitted plans for a proposed 12,000 square foot office/warehouse building to be located in the industrial park. Mayor Swedberg questioned the positioning of the building. Mr. Chicilo stated that the building would face west. Mr. March indicated the building will face more south than west and will be accessed from the north. Council Member Nelson questioned the type of business that would occupy the building. Mr. Chicilo indicated it would be small businesses such as himself who needed a small amount of office space and the remaining space for warehouse use. Mr. Chicilo indicated he has 25% of the building leased and he will occupy a portion of the building. Council Member Capra thanked Mr. Chicilo for providing such detailed plans. Mayor Swedberg questioned the use of a concrete dolly pad. Mr. Chicilo explained it is used for semi-trucks to drop off their trailers to protect blacktop, which is not strong enough to support the weight of a truck trailer. Council Member Travis questioned whether the parking requirements would be met with the submitted plans. Mr. Palzer indicated that Mr. Peterson would review the plans to determine if modifications are needed. Mr. March indicated the City does not have a standard parking requirement for warehouse facilities. Mr. Hoeft indicated he has reviewed the written site plan approval drafted by staff and made a minor change. Approval of the site plan would be contingent upon Mr. Peterson's review and approval, contingent upon obtaining the required permits. Motion bv Council Member Travis. seconded by Council Member Nelson to close the public hearing. All in favor. Motion carried unanimouslv. Mayor Swedberg closed the public hearing at 7:00 p.m. Motion bv Council Member Nelson. seconded bv Council Member Capra to approve the site plan for Chicilo Homes subiect to the followine conditions: a) the applicant shall obtain a Rice Creek Watershed District Permit. if applicable: b) the applicant shall obtain all other reQuired permits. Parkin!!: lot desien. site drainaee and eradin~ plans must meet with the City Eneineer's approval prior to issuance of such permits: and c) the applicant al!:rees that the buildin!!: and site amenities will be constructed in accordance with the submitted site plan that was presented to Council and is attached to the executed site plan approval document. All in favor. Motion carried unanimouslv. Page 5 ofl4 Forwarded to Council Members Via e-mail on 2/1/01 at 2:46 p.m. IV. APPEARANCES/AWARDS This item was previously discussed. V. PETITIONS AND COMPLAINTS None. VI. UNFINISHED BUSINESS None. VII. NEW BUSINESS 1. Chicilo Homes Site Plan Approval This item was previously discussed. 2. Lloyd Drilling Site Plan Approval Council Member Broussard Vickers stated that Mr. Drilling needs to provide final details on several issues, but is comfortable with the basic information provided concerning the site plan. The final details should be addressed in the Developer's Agreement. Council Member Capra questioned whether approval of the site plan would be giving Mr. Drilling approval to commence construction on the building. Mr. Hoeft indicated site plan approval is an approval to move forward with the planning process but construction cannot start until Council approves the Developer's Agreement. Council's site plan approval will be contingent upon an approved Developer's Agreement. Council Member Capra questioned the time frame for finalizing the Developer's Agreement. Mr. Hoeft stated that a draft Developer's Agreement would be presented at their next meeting. Council Member Capra questioned the reason for receiving two (2) totally different site plans for approval. Mr. Drilling's plan was not as complete or detailed as Mr. Chicilo's plan. Mr. Drilling explained that the Chicilo Homes site plan is very straightforward as it is an industrial building being built in an industrial park. There is nothing about the plan that is subject to resident or Council approval. Mr. Drilling stated that if he receives approval of his site plan he will authorize the architects to prepare plans for Council that provide as much or more information as provided by Mr. Chicilo. Council Member Nelson requested that all information regarding this item be included in the packet, prior to distribution and council meeting. Council Member Travis stated he had no problem approving the site plan. He also stated that he recently received his tax statement and believes the City needs to bring more commercial development in to help with the tax base. In his opinion, Mr. Drilling has Page 6 of!4 Forwarded to Council Members Via e-mail on 2/1/0 I at 2:46 p.m. done an excellent job of addressing resident and Council concerns. It is hard to develop commercial property adjacent to a residential area. Motion by Council Member Travis. seconded by Council Member Broussard Vickers to approve the site plan submitted bv Lloyd Drillin!! contin!!ent upon an approved Developer's Agreement. All in favor. Motion carried unanimouslv. Mayor Swedberg stated Mr. Drilling has done everything he can to mitigate resident concerns and thanked him for doing so. Mayor Swedberg questioned if the grass on the berms would be maintained. Mr. Drilling concurred. Mayor Swedberg questioned whether the area in the northwest corner of the property would be paved or sodded. Mr. Drilling stated that the area would be sodded and maintained similar to the berms. Mayor Swedberg indicated he would like Mr. Joe Goetz or another landscaping expert to comment on the landscaping plan. Mr. Drilling stated that the architects would provide information and recommendations for landscaping. 3. Police Commission Interviews Mr. March stated that Council needed to appoint three (3) individuals to participate on the Police Commission Interview Panel. Mayor Swedberg had previously expressed interest in participating and felt that the Mr. March should also participate. Mr. March also stated that Commissioner Wright had also expressed interest in participating. Motion bv Mavor Swedben!. seconded bv Council Member Broussard Vickers to appoint Mavor Swedberg. City Administrator March. and Commissioner Wri!!ht to the Police Commission Interview Panel. Aves - 4. Navs - 1 (Travis). Motion carried. Council Member Nelson expressed her desire to have been a part of the process. 4. Goals and Objectives Mr. March eXplained Mayor Swedberg has suggested a Council work session to discuss the consolidated list of 2001 goals and objectives. Mayor Swedberg explained he wished to get a sense of order to the list. It is difficult to find time for Council Members to speak to one another and this is the reason behind scheduling a work session. Mayor Swedberg suggested a work session be held on January 31, 2001 at 7:30 p.m. Consensus was to schedule a work session for January 31, 2001 at 7:30 p.m. Mr. March requested that Council rank their goals in order of importance to them prior to the meeting. Mayor Swedberg requested that Mr. Hoeft and Mr. Peterson to provide the top 10 items, in their opinions, for the City from the list of ideas. Page 7 of 14 Forwarded to Council Members Via e-mail on 2/1101 at 2:46 p.m. 5. Fete des Lacs By-Laws and Electrical Motion by Council Member Nelson. seconded by Council Member Capra to table discussion on the Bv-Laws until Council has met with the Fete des Lacs Committee. All in favor. Motion carried unanimously. Council Member Capra stated that Council is investigating the possibility of standardizing By-Laws for commissions/committees. Mr. DeVine stated that the next meeting of the Fete des Lacs Committee is scheduled for February 19, 2001 at 6:30 p.m. Mr. Hoeft indicated February 19, 2001 was a legal holiday, and Council would not be allowed to participate. Mr. DeVine suggested rescheduling the Fete des Lacs Committee meeting to Wednesday, February 21, 200lat 6:30 p.m. Mayor Swedberg eXplained the City has received a donation of lights and a scoreboard, however, that is no power at the park to operate same. Other activities, such as the festival, do not have ample power. Mr. DeVine explained the difficulties experienced last year providing enough power for the carnival and R.V. parking. Council Member Capra questioned how the carnival was powered last year. Mr. DeVine explained the City was able to rent a large generator inexpensively, however, a sizeable discount was obtained and several extension cords were purchased. Mr. DeVine felt that Council's consideration of this proposal was crucial at this time. Mr. DeVine stated that providing ample power to the park prior to the festival was of the utmost concern. Mr. DeVine stated that if Council denied approval for electrical installation at the park, alternative arrangements would need to be made. Mayor Swedberg questioned whether there was a master site plan for the park. Mr. March concurred. Mr. March stated that a portion of the electrical issue hinges on the church property and construction of a concession building. Council Member Broussard Vickers questioned whether the electrical installation could be completed in stages. Mr. Palzer indicated the City would save money if the entire project was approved and commenced at the same time. Council Member Broussard questioned the cost for providing electric for the camivallast year. Mr. Devine explained that if the City would need to rent a generator of similar size to that used last year, it would cost approximately $5,000 and the purchase of extension cords totaled $2,000. Mr. DeVine stated that neither the Parks and Recreation or Fete des Lacs Committee have the funds to acquire the needed electrical installation. Mr. DeVine stated that the approximate cost to acquire same would be $100,000. Mayor Swedberg directed Mr. Peterson to work with Mr. Palzer to determine an initial plan and approximate cost to run electrical in the park and forward same to Council for reVIew. Page 8 of!4 Forwarded to Council Members Via e-mail on 2/1101 at 2:46 p.m. Mr. March stated that the City has the possibility of acquiring a regional softball tournament during the festival if the City is able to provide an adequate facility. Mr. March felt that this would be a great revenue producer. Mr. March stated that approximately thirty-two (32) teams participate in the tournament. Council Member Nelson stated that donations may be obtained from downtown businesses, as activities such as these will generate business for them. 6. Downtown Petition for Water and Street Enhancements Mr. March discussed the submitted petition. Mr. March explained that the petition requests local improvements, (i.e. municipal water and street enhancements) on Centerville Road between the south line of 7046 Centerville Road and the north line of Westview Street. This matter will be discussed at an upcoming work session. 7. Union Contract Mayor Swedberg requested and consensus was to remove this item for discussion at an Executive Session immediately following the Council meeting. 8. Snow Removal Policy Council Member Nelson complimented staff on drafting the policy. Council Member Nelson questioned whether Staff would put a notice on downtown business doors if they do not shovel. Mr. March explained the City will remove snow pushed out into street and if a business owner does not remove snow from its sidewalk, there is an ordinance to handle the issue. The City will not go on private property to remove the snow for them. Mayor Swedberg stated he is in agreement with the policy but questioned whether the City needs to clarify the definition of a sidewalk. Mr. March asked Mr. Hoeft if state statutes contained a definition for sidewalks. There is a property owner who has questioned whether a seven (7) or eight (8) foot paved area is a patio or a sidewalk and has decided they should not have to remove the snow from same. Mr. Hoeft stated he did not believe there was a definition of sidewalks in state statute but would research the items further. Mr. Hoeft stated that it is a judgment call on the part of the City. Mayor Swedberg stated there is confusion concerning right-of-way issues and asked for clarification of same. Mr. March indicated the only way to resolve the right-of-way issues are to have the property surveyed. Mayor Swedberg stated he did not feel it was necessary to have the property surveyed. Mr. March indicated he had spoken to Mr. Roger Butler, Anoka County, and was told the City would not be required to obtain a permit to remove snow from the County right-of- way. Page 9 of14 Forwarded to Council Members Via e-mail on 2/1/01 at 2:46 p.m. Motion bv Mavor Swedberg, seconded by Council Member Nelson to approve the snow removal policy and direct Staff to provide additional clarity on the sidewalk issue. AU in favor. Motion carried unanimously. 9. Baron Property Mr. Palzer stated he met with Mr. Baron last week and discussed a time frame for completion of the required clean up. Mr. Baron indicated he should be able to comply by June 1, 2001. Mr. Palzer indicated this time frame was acceptable to him if Council approved same. Mr. Hoeft indicated he had spoken with Mr. Palzer concerning the Baron property and indicated the requested time frame is consistent with weather related contingencies for housing maintenance codes. It is typical to look toward Mayor June in order to allow thawing to occur and allow residents to remove debris. Motion bv Council Member Nelson. seconded bv Council Member Capra to erant the Barons an extension to J "ne 1, 2001 to brim! the property into compliance with City codes. Council Member Broussard Vickers stated she would like to see continued progress during the 20-week extension. She then asked Mr. Palzer if he felt progress could be made over the course of the extension time or if it was a situation where the weather simply would not allow for additional clean-up. Mayor Swedberg suggested Mr. Palzer schedule a visit in mid-April to check the progression of the clean up. Mr. Palzer indicated Mr. Baron was working on clean up when he stopped by to discuss this matter with him and said he felt the Barons would be able to make continued progress during the extension period. Council Member Broussard Vickers requested a friendly amendment to the motion to include a recheck of the property in ten (10) weeks and, provided continued progress is being made, Council would grant another ten (10) week extension to June 1,2001. The friendly amendment was accepted by Council Member Nelson as the motioner and Council Member Capra as the seconder. Friendly Amendment: To grant a ten (10) week extension to brine: the property into compliance with City codes, and if continued proe:ress is beine made an additional ten (10) week extension would be granted to allow the Barons to complete the clean- UP by June 1. 2001. All in favor. Motion carried unanimouslv. 10. Stop Sign (Main Street and Centerville Road) Page 10 of14 Forwarded to Council Members Via e-mail on 2/1/01 at 2:46 p.m. Mayor Swedberg explained he had done a ride along with the police on a snowy morning and witnessed the issue with the stop sign on Main Street first hand. It is not clearly visible and people are going through same. Mr. Palzer explained that the City may not modify or change signs in the County right-of- way. Mr. Palzer referenced a letter from Police Chief Heckman and concurred with his recommendations. Mr. Palzer suggested talking with the County to get flashing lights to alert people of the intersection. Mayor Swedberg stated that the City could requested that the County improve the stop sign or install flashing lights or authorize the City to make the improvements and assume the expenses associated with same. Council Member Capra requested that Staff obtain costs for installing flashing red lights at the intersection. Mayor Swedberg concurred. Mayor Swedberg suggested sharing the costs of installation and the flashing lights with the County and School District. Mr. DeVine suggested the City contact the County to request that the pavement markings be repainted on the street as they were removed when the pavement was scraped this fall. Mr. DeVine stated that markings are not visible and felt that it would be helpful if they were. Council Member Broussard Vickers suggested requesting that the police department to conduct a sting operation at the intersection and ticket individuals that do not stop for the stop sign. Mayor Swedberg stated he was uncomfortable with same, due to the fact that people simply do not see the sign and the problem needs to be resolved. Council Member Capra questioned the number of violations for this particular area of concern and Mayor Swedberg indicated that the information was contained in Council packets. Mr. March stated he would like to see an overhead stoplight at the intersection to improve safety at the intersection and to be used for hanging community banners and holiday decorations. Council Member Broussard Vickers asked Staff to ask the County when they intend to repaint the crosswalks and to request them to do it as soon as possible. Mayor Swedberg directed Staff to prepare cost estimates to install rumble strips, rearrange signs, install an overhead stoplight, and to install overhead flashing lights for Council review and discussion. VIII. CONSENT AGENDA 1. January 10, 2001 Meeting Minutes 2. The City ofCenterville January 11, through January 24, 2001 Expenditures Page 11 of 14 Forwarded to Council Members Via e-mail on 2/1/01 at 2:46 p.m. 3. Centennial Fire District Expenditures 4. Resignation of Account Clerk II, Laura Thompson 5. EDC's recommendation for appointment of Mr. Rick Terway 6. Hiring of Mr. Joel McPherson (Public Works) Motion bv Council Member Nelson. seconded bv Council Member Capra to approve the Consent Agenda for Items #1-#6 as presented. All in favor. Motion carried unanimouslv. Council Member Travis requested that the minutes be contained in Council packets allowing review prior to the Council meeting. Mr. March indicated the minutes are usually in packets but due to staff absences, the deadline for packets was not met so the minutes were e-mailed to Council Members. Mr. March noted the minutes would not be on the consent agenda at future meetings as it is an item that warrants review and discussion. IX. COMMITTEE REPORTS Council Member Capra reported that the Economic Development Committee (EDe) intends to hand out a flier at Snow Days at Wargo Nature Center and asked for Council Approval of the flier. She also noted that EDC has donated $100 for prize money at the event. Council Member Broussard Vickers questioned the need for Council approval. Council Member Capra stated the flier is coming from the City and she believed it should be approved by Council. Motion by Mayor Swedberg. seconded by Council Member Capra to approve the EDC flier as presented. All in favor. Motion carried unanimouslv. Council Member Travis reported that the Fire Steering Committee met last Thursday, but due to a lack of quorum, there was no voting. Due to the lack of a quorum, another meeting would be scheduled prior to the April meeting. Mr. March noted the meeting had been scheduled for February 19,2001, which is President's Day and will have to be rescheduled. X. ADMINISTRATOR'S REPORT Staff was directed to check with Rice Creek Watershed District to see if they were interested in purchasing the property at 7007 20th Avenue for green space. Rice Creek Watershed informed Mr. March they do not have funds available to acquire the property at this time. If the City would be purchasing the property to turn it into a park that would be of benefit to the water quality of the creek, there may be something that could be worked out. Page 12 of 14 Forwarded to Council Members Via e-mail on 2/1/01 at 2:46 p.m. Mr. March reported County Bank is making progress on their building and the monument sign and installation has begun. Staff feels this building will be a nice entrance to the community. Motion by Mavor Swedberg, seconded by Council Member Nelson to recess to the Executive Session at 8:24 p.m. All in favor, Motion carried unanimously. Union contract negotiation discussion occurred during this Executive Session. Motion bv Council Member Nelson, seconded bv Council Member Broussard Vickers to close the Executive Session and continue the Council Meetine: at 9:02 p.m. All in favor. Motion carried unanimouslv. XI. ADJOURNMENT Motion by Council Member Nelson, seconded by Mayor Swedbere: to adiourn the Januarv 24, 2001 City Council Meeting at 9:03 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Proofed by: . , . ~~~ ,_.~ Teresa Bender, Clerk/Treasurer (Staft) Page 13 of 14 CITY OF CENTERVILLE CITY COUNCIL WORKSHOP JANUARY 31, 2001 7:30 p.m. Forwarded to Council via e-mail on 2/5/01 at 11: 18 a.m. Pursuant to due call and notice thereof, the City of Centerville held a workshop 0 January 31, 2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg (arrived at 7:40) Council Member Dick Travis Council Member Mary Capra Council Member Mari Nelson ABSENT: Council Member Linda Brossard Vickers STAFF: City Administrator, Jim March Public Works Director, Paul Pal r OTHERS PRESENT: Ms. Patricia Scott Ms. Theresa Brenner Mr. Ray DeVin Mr. Wayne I. of Minnesota Cities Publication. He se of the workshop was to establish goals for s. Capra req es ed that she felt ill-prepared for meetings when handouts are presented e meeting aving little time to be informed on a topic. Mr. March stated that as a general rule, tlie items presented at council are for informational purposes and the need to receive same in a timely manner weighed more than inclusion in the next packet. Consensus was that information that would not pertain to Council consideration be clearly marked as FYI. Forwarded to Council via e-mail on 2/5/0 I at 11: 18 a.m. Goals and Objectives Mavor Swedberg's goals: 1. Communications. Mayor Swedberg felt that this item was of the utmost importance. Mayor Swedberg felt that the website, cable channel and newsletter were extremely good avenues for communication to the residents. Council Member Capra stated that an effort was needed to obtain volunteers to serve on committees/commissions for a one-year term and the importance of resident input. Mr. DeVine stated that goals and deadlines of committee/commissions should be of high importance. Ms. Nelson suggested that a Communications Ad Hoc Committee be formed to gather information on the avenues the City currently has available, determine if the information is readily available, determine whether residents are informed or do not want to be informed and make recommendations for modifications if deemed appropriate. Ms. Patricia Scott and Ms. Theresa Brenner stated interest in participating on same. Mayor Swedberg felt that goals must lead to action and be implemented. Mayor Swedberg stated that Council needed to set policy, make budgets, allocate it, and make sure that services to the citizens are what is desired. 2. Youth Recreation. Council Member Capra stated that Mr. Todd Murawski, Wargo Nature Center, has expressed an interest in working with the Parks and Recreation Committee. 3. Downtown Revitalization. Mayor Swedberg felt that the property located by County Road 14 and 35E be contained in a concept plan. Council Member Travis suggested uniformity in exterior building products and architectural design. Mr. March felt that the City did not want to blend with other communities and desired to express their own individuality. Mr. March suggested inviting several firms to submit design sketches for the downtown area. Mr. March stated his willingness to contact same. Council Member Nelson's goals: 1. Re-routing of County Road 14. Safety issues surrounding County Road 14 and the 35E on/off ramps. 2. Working with the committees/commissions and establishing uniform by- laws. 3. Procedures - check list that corresponds with codes, based on ordinances. Forwarded to Council via e-mail on 2/5/01 at 11:18 a.m. Council Member Capra's goals: 1. Begin water tower preliminaries. 2. Pursue communication enhancements. 3. Work with Anoka County Parks to provide youth recreation activities this summer for Centerville youth. Council Member Travis' goals: 1. Expand the comp plan to include the up coming commercial gateway to the City. 2. Expand the existing tax base. 3. Time frame for completion of projects such as sidewalks, curbs and street maintenance - Public Works Department. Mayor Swedberg summarized Council's goals. 1. Communication goals to achieve an Ad-Hoc Committee 2. Need for commercial planning and downtown revitalization 3. Recreation - summer programs and skate park 4. Roads and traffic 5 . Work on procedures for achieving goals Mayor Swedberg suggested that Council consider scheduling workshops monthly. Ms. Nelson felt that a community center needed to be placed on hold until set goals are established and resident input is researched further. Discussion ensued regarding scheduling Council Meetings at 7:00 p.m. versus its current time of 6:00 p.m. This item will be placed on the Council's agenda for consideration at its next meeting. Mr. March felt that workshops would assist Council Members in being informed prior to the Council meeting and may allow for shorter meetings. Transcribed by: Kris Sweeney, Staff Proofed by: Teresa Bender, Staff CITY OF CENTERVlLLE CITY COUNCIL MEETING FEBRUARY 15, 2001 6:00 p.m. E-mailed to COIwcil Members 2/23101 at 11:50 a Pursuant to due call and notice thereof, the City of Centerville held their regularly sc Ie meeting on February 15, 2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Linda Broussard Vickers Council Member Mari Nelson ABSENT: None. STAFF: City Administrator, Jim March City Engineer, Tom Peterson City Attorney, Jim Hoeft L CALL TO ORDER n. ilharber be added under Petitions and seconded b Council Memb r Nelson to uested addition. All in favor. Motion carried Ill. IV S nON OF MINUTES Council Member Capra requested her three goals be added to the workshop minutes. The goals were e-mailedtoMr.March.Mr. March stated that they were included as requested. F ebroary 15, 200 I Council Meeting Minutes Council Member Nelson requested the modifications be made to the January 24, 2001 meeting minutes: Page 4, where it indicates the type of exterior, building materials used on the rear of the building should indicate siding not brick. Where it states Mayor Swedberg requested Mr. Hoeft investigate the costs of electrical in LaMotte Park, it should state Mr. Peterson. In the adjournment motion, the wrong Council Member was inserted as the seconding member. Adjourned to the Executive Session, add a sentence indicating the topic of discussion. Motion bv Council Member Nelson. seconded bv Council Member Caora to approve the January 24. 2001 Council Minutes and the January 31. 2001 Workshop Meetin2 Minutes as amended. All in favor. Aves - 3 Navs - 0 Abstain - 2 (Broussard Vickers and Travis). Motion carried. VI. PETmONS AND COMPLAINTS 1. Tom Wilharber Complaint Mr. Tom Wilharber, 6849 Centerville Road, appeared before Council and questioned the reasoning for re-scheduling the meeting, noticing same, whether the meeting was re- scheduled to accommodate one (1) Council Member and whether Council felt they were in violation of the open meeting law regarding the re-scheduling. Mr. Wilharber stated that notice of the re-scheduling was not placed on the cable channel or in the Quad Community Press, as has been the practice in the past. Mr. March stated that he had received a telephone call requesting that the meeting date be modified. Mr. March stated that he told the caller he did not feel comfortable with re- scheduling the meeting unless he heard from a quorum of the Council Members. It had been noted that Mayor Swedberg was out of town and had mentioned an interest in having the date moved to Thursday. Mr. March stated that a third Council Member contact him stating the re-scheduling the meeting was acceptable. Mr. March felt that subsequent to receiving a quorum requesting the re-scheduling, notice was place in the vestibule. Mr. March stated that a ten (10) day notice is not required; however, at least a three (3) day notice is required. An emergency meeting may be called with one (1) day notice. Mr. March stated that he was not sure of the exact date of the placement of the notice on the cable channel, but it was more than three (3) days prior to the meeting. Council Member Capra stated she had received an e-mail from Mr. March concerning the re-scheduling of the meeting. Mr. March stated after getting a quorum of calls he notified the other two (2) Council Members bye-mail stating that the meeting would be re-scheduled. Council Member Nelson stated she had called on the Monday of the week before the scheduled meeting date and asked Mr. March if the meeting could be re-scheduled due to conflicts with two (2) Council Member's schedules. Council Member Nelson stated that due to same, she requested that Mr. March check with the other Members to ascertain if the meeting could be re-scheduled. Council Member Nelson stated that she contact Council Member Capra to ascertain if the re-scheduling was acceptable to her and it was. Mr. March had e-mailed the other two (2) Council Members and Council Member Nelson February 15, 2001 Council Meeting Minutes stated she had requested that Mr. March contact them by telephone rather than just e- mail. Council Member Travis stated that he felt that the meeting should not have been re- scheduled due scheduling conflicts with two (2) of the five (5) members. Council Member Travis strongly felt that meetings needed to be kept on the regularly scheduled days. Council Member Travis voiced his displeasure over not receiving two-way communication on this matter. Council Member Travis also stated that he was only notified of the re-scheduling, not asked his feelings or preference on the matter. Council Member Nelson stated she had requested that the meeting be re-scheduled and she now realizes the process is larger than simply calling several people. She stated she agrees that meetings should not be changed in the future, unless it is an emergency. Mayor Swedberg stated that another person mentioned the re-scheduling of the meeting. Mayor Swedberg stated that Council intends on discussing meeting dates and times and noticing of same. Mr. Wilharber asked if the Quad Community Press was notified. Mr. March stated he was unsure; however, it was not needed in this situation. Mr. Wilharber stated he strongly felt that meetings should not be changed for any thing other than Federal holidays due to residents be accustomed to the regularly schedule meeting dates and times. Mr. Wilharber stated that people have other obligations and changing meetings inconveniences them. Mr. Wilharber questioned whether coordinating of Council meetings or other coordinating amongst members of the Council occurs without the consideration of all members could constitute violation of the open meeting law. Council Member Capra stated she wanted to stress the meeting was not re-schedule due to Valentine's Day. Mr. Wilharber stated that the cable channel did. Council Member Capra questioned who put the statement on the cable channel. Mr. March indicated it was a staff member. Council Member Capra requested Mr. March find out which staff member had placed the announcement on the cable channel. Council Member Nelson apologized for the inconvenience caused by re-scheduling the meeting. Mr. Wilharber stated that recently an e-mail was addressed to him as being the Mayor concerning a local establishment. Mr. Wilharber stated that he had been into City Hall and Mr. March asked him if he had received the e-mail. Mr. Wilharber stated that he would read it at home, however, he did not receive same. Mr. Wilharber stated that he then contacted Mr. March to obtain copy to reply to the complainant, indicate that he was no longer Mayor and to direct the complainant to tlIe current council. Council Member Capra stated that when she saw Mr. Wilharber's name on the e-mail she had requested that Mr. March contact Mr. Wilharber to inform him of same. February 15,2001 Coweil Meeting Minutes Mr. Wilharber stated that he was aware of a meeting that had taken place with the establishment's owner, Mayor Swedberg and Council Member Nelson present. Mr. Wilharber questioned whether other members of Council had been informed of or invited to same. Mr. Hoeft stated that he had been contacted and advised Mayor Swedberg that only two (2) members be present to alleviate any open meeting law violations. Both Council Members Travis and Broussard Vickers indicated they were informed of the meeting but were not invited to participate. Mr. Wilharber questioned whether Mr. Defoe was requested to demonstrate dancing styles as alleged. Mr. Hoeft stated he did not believe any dancing styles were demonstrated. Mr. Wilharber questioned whether the City is on a business witch-hunt to harass certain businesses in town, as it appears this is the case, because some businesses are being targeted for not removing snow and others are not. Mr. Wilharber stated it is fair to notice all businesses not properly removing snow not just a select few. Mr. March explained the notice to the business owner Mr. Wilharber is referring to, stenImed from a citizen complaint concerning the removal. Mr. Wilharber requested that Council Member Nelson issue a public apology to the Cable Operator for the degrading comment she made at the last Council meeting. Mr. Wilharber explained that Council Member Nelson had made the comment, "You can wake up now Patricia." Mr. Wilharber stated he felt this was an insult to the Cable Operator and uncalled for. Council Member Nelson apologized for the comment and stated she did not mean it to be degrading or insulting, but was merely making light of the length of the meeting. VB. UNFINISHED BUSINESS None. vm. NEW BUSINESS 1. Commercial/Retail Center - Lloyd Drilling Mr. Drilling presented exterior drawings of the proposed building and stated that the rootline has had caps added to. Mr. Drilling also presented a drawing representing the rear of the building indicating siding and roof color. Council Member Capra questioned whether a cement sidewalk would be installed near the rear of the building. Mr. Drilling concurred. Mr. Drilling presented a landscape plan and stated that the trees currently on the site will be relocated to the rear of the property. Mr. Drilling also stated that the fencing will Febroary 15,2001 Council Meeting Minutes match the neighbor's fence and that a chain link fence with a vision screen will enclose the refuse container. Council Member Capra questioned Mr. Peterson whether there would be enough "line of sight" around the trees located in the front comer of the building. Mr. Peterson felt that there would be based on the presented plan. Mr. Drilling stated that the trees could be moved if deemed appropriate by the County. Council Member Capra questioned whether Council would be reviewing the Developer's Agreement presented at the previous Council meeting. Mr. March stated he had copies of the document with the blanks filled in and reviewed same. Mr. March stated that Council would be given copies of the document for review prior to considering same at the next meeting. Council Member Capra questioned whether an eight (8) foot wide trailway meets City requirements. Mr. March explained that an eight (8) foot trailway is standard throughout the community and a ten (10) foot wide trailway is reserved for major eastlwest trails. Mr. March stated he had given the Anoka County trail information to Mr. Drilling's architect. Mr. March stated that Council needed to indicate a dollar amount for trail improvements to be made to the previously installed trail at the Apple Tree Square facility. Mr. Drilling questioned whether repairs to the trail were included in the Developer's Agreement for this property. Mr. March explained Council wanted to see the trailway completed in conjunction with this project. Mr. Drilling stated that he did not have a problem with same; however, additional factors may need to be considered, Le., Anoka County and the Rice Creek Watershed District. Mr. March stated he would like to escrow a dollar amount for completion of the trail and if the trailway was not completed, the City could draw on the letter of credit. Mr. Drilling stated that he was unprepared for the City to tie the trailway project with the proposed project. Mr. Drilling questioned the estimated cost of same. Mr. March stated that Mr. Peterson would provide the dollar amount for the trailway project. Mr. Drilling stated he was willing to spend $5,000 if the City was willing to contribute the remainder to complete the project. Mr. Drilling stated that he did not feel it was fair to tie this project in with the proposed project due to the trail being installed to standards and City requirements not being presented to him prior to installation. Mr. Drilling requested that the City remove the trailway repairs from the Developer's Contract. Mr. Drilling stated his willingness to work in conjunction with the City on the trailway and suggested that the City agree to a completion date of June 1, 2003 for the trailway. Council Member Capra questioned the appropriate action to be taken on this matter. Mr. Peterson stated that trailway is not in the Anoka County right-of-way. Mr. March stated that Anoka County had stated that they would not require the ditch to remain there if the City uses a piping that meets their drainage requirements. February 15, 2001 Council Meeting Minutes Mayor Swedberg questioned whether approval of the site plan hinged on the western trailway issue being resolved. Mr. March stated that once the City approves the plan, the only assurance of completion of the western trailway would be Mr. Drilling's word that he will complete it. Mayor Swedberg questioned whether Council was being asked to approve the Developer's Agreement this evening. Mr. March stated that it was Council's discretion. Mr. March stated he would like to have Mr. Peterson provide an estimate of the costs to complete the western trailway. Council Member Capra stated she felt the plan was a good plan but felt uncomfortable approving the Developer's Agreement without review. Council Member Capra concurred with Mr. March in regards to providing estimated costs prior to the next meeting. Council Member Broussard Vickers questioned whether the house to the east would have its front window screened from headlights. Council Member Broussard Vickers asked Mr. Drilling to make sure that the house is screened from headlights even if it meant extending the fence and berm along the eastern property line. Mr. Drilling stated that the fence and berm ended at the window of the house to the east and gave Council his assurance of same. Council Member Broussard Vickers stated she would also like to see some low-lying Arborvitaes on the exterior of the fence on the Shad Avenue. Council Member Broussard Vickers stated that she was fine with the Developer's Agreement and stated she did not want to tie the western trailway to this development. Council Member Broussard Vickers stated the fact that Mr. Drilling is willing to invest in redeveloping the trailway, is above and beyond what the City can require. Council Member Broussard Vickers also stated that the City has no right to ask him to do so as there were no standards in place at the time the trailway was installed. Mr. Drilling has already made a good faith effort by stating he would share in the costs with the City and requiring him to pay for the complete trailway is beyond reason. Council Member Broussard Vickers stated she did not want the western trailway to be contained in the Developer's Agreement. Council Member Broussard Vickers felt that the City made the mistake with the current trailway and not Mr. Drilling. Council Member Broussard Vickers stated that the site plan meets with her approval provided the house to the east is properly screened. Council Member Broussard Vickers requested copies of the completed Developer's Agreement be included in their packet for the next meeting for consideration. Council Member Nelson stated her fondness of the location of shrubbery on the exterior side of the fence, as its visibility from Main Street would be likely. Council Member Nelson also stated that she felt the western trailway was a joint responsibility between the City and Mr. Drilling and not anyone (1) party was wholly responsible. Council Member Nelson stated that she would agree with a separate document covering completion requirements of the western trail way rather than containing same in this Developer's Agreement. February 15,2001 Colll1Cil Meeting Minutes Mr. Drilling stated his willingness to enter into an agreement with the City to share in the expenses to repair the existing trailway. Council Member Travis stated he had no problems with the architecture of the building and he believes that Mr. Drilling has addressed all issues raised and then some. Council Member Travis stated he would like have the figures associated with the western trailway prior to entering into an agreement with Mr. Drilling to complete same. If there needs to be a major redesign of the ditch it may be cost prohibitive to rebuilt the trailway to gain a mere two (2) feet on the path. The end result may not justify the costs endured by the City. The dips in the current trailway are needed for drainage. Council Member Travis stated that he would like to see a joint effort on the part of the City and Mr. Drilling in regards to the existing trailway. Council Member Travis felt that the Developer's Agreement and the trailway issue should be separate issues. Mayor Swedberg clarified Council's desire to review the Developer's Agreement prior to consideration, a separate document governing the completion of the western trailway, an estimate of costs from Mr. Peterson, screening of the home to the east of the building, and Arborvitaes placed on the exterior of the fence closest to Shad Avenue. Mr. March questioned whether Council approved of the landscaping plan as submitted. Council concurred. Mayor Swedberg questioned Mr. Hoeft as to the appropriate action to be taken at this time and Mr. Hoeft suggested tabling the item. Motion bv Council Member Broussard Vickers. seconded bv Council Member Caora to table aooroval of the Develooer's A2reement to the next Council meetin2 to allow Council amole time to review the document. All in favor. Aves - 4 Navs -I (Travis). Motion carried. Council Member Travis stated he is opposed to tabling the item as he feels Mr. Drilling has met each and every requirement of the City and residents alike. Mr. Drilling questioned whether all requirements had been met with the exception of Council reviewing the Developer's Agreement and Mr. Peterson preparing estimates for the western trailway. Council concurred and Mr. Drilling thanked Council. 2. Laurie LaMotte Memorial Park - Electrical Installation Request Mayor Swedberg stated that previously Council had discussed Parks and Recreation Committee'slFete des Lacs Committee's request for installation of electricity at Laurie LaMotte Memorial Park. Mayor Swedberg stated that Ms. Karla DeVine was present to discuss this item with Council. Ms. DeVine explained that the Parks and Recreation Committee had made a motion to request that Council commence requests for proposals to install electricity to Laurie LaMotte Memorial Park. Ms. DeVine explained the costs associated with same are not contained in the Parks and Recreation Committee's budget for 2001 or 2002. The Parks and Recreation Committee feels that the entire community would benefit from the February 15, 200 1 COWlcil Meeting Minutes installation and requests that Council consider using general funds to assist in same. Ms. DeVine stated that providing electrical services to the park should be a priority allowing additional improvements to follow. Ms. DeVine relayed horrendous problems relating to the festival last year with not having electricity available for R.V., rides, vendors, etc. Ms. DeVine stated that the Centerville Lions Club is considering construction of a concession stand at the park and the need for electric sources for same. Mr. Peterson reviewed the estimated costs for installation of electricity at the park with Council noting that the park would benefit from sewer, water and parking lot improvements at some point. Council Member Capra clarified that $66,730 would provide power to electrical poles and a main junction box in the park for a future building. Mr. Peterson concurred. Mayor Swedberg summarized the costs stating that sewer would cost approximately $15,000, water would cost approximately $3,000, paving of the parking lot would cost approximately $62,000, concession building would cost approximately $125,000, and electrical installation would cost approximately $67,000. Mayor Swedberg stated that the City could choose to phase in various improvements, do no improvements or complete all improvements at one (1) time. Mr. Peterson stated that consideration should be given to the order of improvements if improvements are desired. For example the parking lot should not be paved until sewer and water are installed at the park. Mr. Peterson also explained that the City has yet to receive approval for a submitted permit to connect to the MCES lift station. Ms. DeVine stated that funds for paving of the parking lot are contained in the Parks and Recreation Committee budget for 2002 or 2003. However, the Parks and Recreation Committee was intending on paving the parking lot when LaMotte Drive was repaved. Mayor Swedberg stated the proposed entire project would cost $312,000. Ms. DeVine reminded Council the CenterviUe Lions Club has proposed paying $125,000 for construction of a concession stand and the $62,000 for paving the parking lot would be expended from the Parks and Recreation Committee's budget. Mr. Bill Bisek, Kelly's Korner, appeared before Council and requested that Council fund the electrical installation as it would be a great asset to the community to improve the park and be able to host various recreational activities. Mr. Bisek explained that the park does not need everything proposed right now, but simply the electricity to make it functional. Council Member Broussard Vickers asked Mr. Bisek if the park had electricity and the City hosted softball tournaments, how the fees would be distributed. Council Member Broussard Vickers questioned whether the City would retain a portion of the fees. Mr. Bisek explained the teams are each charged an entry fee which in applied for purchasing trophies, maintenance of the fields, and other costs. The City could profit from concessions, parking, and by drawing people to the community. February 15,2001 Council Meeting Minutes Council Member Broussard Vickers asked if it would be fair to say there would be, at some point, money to be made by the person or entity hosting the tournament and monies left over for the City. Council Member Broussard Vickers stated that it would be helpful if the City could rely on recouping improvement costs in a certain amount of time. Mr. Bisek stated a good park and recreation program would support itself. One (1) tournament will not pay for the costs to improve the park but over the course of several years it will generate income and become profitable. Mayor Swedberg clarified Council had asked Mr. Peterson for a cursory estimate of what the various aspects of improvements would cost prior to considering installation of electricity or agreeing to undertake any of the other parts of the estimate. Mr. Bisek stated that the Parks and Recreation Committee is simply requesting a solicitation for bids for installation electricity at the park. Council Member Broussard Vickers explained before Council can request bids, it needs to know if it can pay the general amount. Council has requested estimates to ascertain the funding needed if improvements are desired. Mr. Bisek reminded Council there was electricity at the park but it was totally destroyed and Council needs to decide if it wants to fund electricity to make it a functional park or not. If Council waits too long to improve the park, surrounding communities will improve their parks and draw residents away from the City. Mr. Bisek request that Council not to cloud the picture for the park by adding all the various things discussed, simply consider adding the electricity to make the park functional. . Council Member Capra stated she agrees the City has a need for recreation but stated there are some nice, functional parks in the City that do not have ball fields. She then clarified Council is simply looking at approving electricity at the park at this point, but wanted an idea as to what the other costs would be. Council Member Capra questioned whether the 64-team regional softball tournament is a sure thing if electricity is installed in the park Mr. Bisek explained he was asked to set up a softball tournament for the Fete des Lacs Festival again this year. The Festival was moved to a date one (1) week later than last year and the plan was to draw a state-qualifying tournament. It was discovered that the Festival was on the same weekend as a regional tournament. Mr. Bisek contacted the head of USSSA for clarification on the qualifications and found out that the league had an opening for a regional tournament, which is 100010 paid for by the state. The City would get 100010 of the revenues from parking and concessions. Last year there were 64 teams in the Region I tournament, which adds up to approximately 640 players. Since then, Mr. Bisek has found out that the City will be hosting a Region 5 tournament, which has 36 teams. Mr. Bisek estimates the softball tournament will draw approximately 1,000 people into the City. The City has been named host of the tournament and it is possible to host the tournament without Council support if needed. February IS, 200 I Council Meeting Minutes Mr. March noted it would not make sense for the City to have invested a half million dollars in the purchase of the property and improvements to the park if the City did not intend to make good use of the park by continued improvement. What this boils down to is the next logical step for the park, which seems to be installing electricity to make the park more functional for a variety of uses. The problem IS the city wiH spend aimoSt $70,000 for electricity, which is not something that looks glamorous or is noticeable when completed. Mr. March recommended a workshop to discuss how to fund the electrical installation and time frame for other improvements. Mr. March stated he anticipates all of these items will happen in the park over time but Council needs to determine timeframes. Mr. March stated that the 1987 street bond and the City Hall building will be paid for in a couple of years and there will be more money available for park improvements. Council Member Broussard Vickers asked Mr. March if it were possible to take the funds out of the general account this year. Mr. March stated it was possible, but Council should discuss the issues involved with same in a workshop setting. Mayor Swedberg questioned when the softball tournament was scheduled to take place. Mr. Bisek said the tournament was in August. Mayor Swedberg then asked if the tournament could be run without lights. Mr. Bisek stated if there were 32 teams with the tournament starting on Friday night it is possible to host all the games at Laurie LaMotte Memorial Park, provided there were lights. If there were 64 teams or if there is no electricity, then some of the games would be held in Lino Lakes at lighted fields. The Festival Committee would need to pay $16.00 per hour to use the fields. Council Member Capra questioned whether the City would be charging residents to park for the Festival. Mr. Bisek stated it has been discussed. The income generated from charging for parking could be used to help fund the parade. Council Member Broussard Vickers stated Council would set a workshop date to discuss funding for the electrical installation. Once funding is determined, there would be discussion of the bids. Mayor Swedberg stated Council was not prepared to make a decision at this meeting on funding for the electrical installation, as it needs further discussion and consideration. Ms. DeVine questioned why Council could not decide to authorize the bid process. Council Member Capra explained Council needs to further discuss funding sources for the electricity and the time frame for improvements to the park prior to soliciting bids for same. Council Member Capra stated she believes it is possible to have an answer on whether and when electricity will be installed in Laurie LaMotte Memorial Park sometime within the next two (2) or three (3) weeks. Mr. Peterson stated that electrical installation is a smaller project and would not take long to complete. Febmary 15,2001 Council Meeting Minutes Ms. DeVine stated she did not believe it costs the City any money to solicit for bids and suggested Council solicit for bids and then decide the funding for those bids. Council Member Broussard Vickers explained it does cost money and Council has not given the final approval for moving ahead with installing electricity at the park. She then asked Ms. DeVine to have the Parks and Recreation Committee determine which field would be the second field to have power installed the south or the east field and report back to Council. Mayor Swedberg stated that Council needs to consider budgets to determine where the needs lie and decide where the funds will be expended from for the installations. Mr. Bisek stated there may be funds available through Xcel Energy and suggested the City contact them to see if they would be willing to run the power, at little or no cost to the City, knowing they will reap the benefit of usage of that power. Council Member Broussard Vickers stated Council needed to determine the final scope of the project prior to soliciting bids. Consensus was to set a workshop date to discuss these issues. 3. Ad Hoc Communications Committee Ms. Theresa Brenner, 7206 Clear Ridge, submitted a list of ideas for organizing the committee. Council Member Capra questioned whether six (6) months was an ample amount of time to make recommendations to Council. Ms. Brenner stated she did not want the process to go into the fall and stated she felt the group would stay more focused if there were a definite deadline. Council Member Capra asked Mr. Hoeft if the City agrees to form this ad hoc committee as an advisory committee, would there need to be minutes and formal notice of meetings. Mr. Hoeft explained that since the Committee would not be conducting any official City business, but merely acting in an advisory capacity, Council would set the only requirements. Council Member Nelson complimented Ms. Brenner on the outline presented and stated she would like to know what the costs of improved or different means of communication would be. Council Member Capra stated she would like to see the committee open to as many residents as are interested in serving. Ms. Brenner stated she was concerned that the Committee not violate the open meeting law. Mr. Hoeft stated the Committee would not need to worry about the open meeting law because it would not deal with official City business. There is no quorum February 15,2001 COlIIlCiI Meeting Minutes requirement and no posting requirements as the meetings are strictly for informational purposes. Mayor Swedberg stated he would like to try and create a system where Council depends on public input and this Committee helps Council gather and interpret same. Council Member Capra stated she would like to see the Committee meet with and get information from the current communications people. Council Member Travis stated the people usually at the Council meetings are there in opposition to something and usually the main complaint is lack of knowledge. Council Member Travis stated any way the City can improve communication with residents is a good idea. Ms. Brenner questioned where Council would like to start. Council Member Broussard Vickers stated she thought it would be appropriate to start with the website and cable channel. Council Member Capra suggested the Committee prioritize the list and present it to Council. Council Member Nelson stated she would like a centralized way to distribute information from residents to Council Members such as one phone line that feeds into the voice mail of all Council Members. Council Member Nelson suggested an area on the website that residents could post questions for the City to answer. Council Member Travis requested the City use systems already in place but work to improve them. Mr. March stated the citizen survey may be a valuable tool for communications and suggested the City use it and look into other alternatives to reach those that do not read newspapers or watch television. Mayor Swedberg suggested using information from The League of Minnesota Cities to get information on ways to inform citizens. Mr. March stated Council would need to assign some costs to the technology and time to inform residents. If the communication suggested would be overtaxing to current City capabilities that would need to be discussed in the report, as the City may need to hire additional staff. Council Member Capra stated she would like to make sure the Committee does not run into conflicts of interest by having members benefiting financially from suggestions made by being on the Committee. Motion bv Mavor Swedbel'2. seconded bv Council Member Travis to authorize the formation of an Ad-hoc Citizen Communications Task Force and aoPOint Theresa Brenner as chair. AU in favor. Motion carried unanimouslv. F ebrnary 15, 2001 Council Meeting Minutes Council Member Nelson left the room at 8:09 p.m. 4. Resolution #01-003 (Cable Franchise Extension) Mr. March explained the cable franchise is in negotiations to extend the franchise until May 28,2001. Motion bv Council Member Broussard Vickers. seconded bv Council Member CaDra to extend the cable franchise to Mav 28. 2001. All in favor. Motion carried unanimouslv. Council Member Nelson was not present for the vote. 5. Police Commission Chair - Ms Karen Varian Mr. March recommended that Karen Varian be appointed as the Chair for the Police Commission. All the candidates impressed the panel, and it was a difficult decision. Motion bv Council Member Broussard Vickers. seconded bv Council Member Travis to acc~Dt the recommendation of the nine-member Danel and aDooint Karen Varian as Chair of the Police Commission. AU in favor. Motion carried unanimouslv. Council Member Nelson was not present for the vote. 6. Staffing Update Mr. March recommended that Kris Sweeney be promoted to the position of Account Clerk IT with a 60-day probationary period. If at the end of the probationary period Kris is performing the duties of the position then the City will advertise to fill the a full time Receptionist position. If at the end of the probationary period Kris is unable to perfonn the duties of the accounting position, then she would be moved back to the Receptionist position and the City would advertise to fill the accounting position. During the 60-day probationary period, Jill Lien will add an additional day per week to her nonnal work schedule of three days per week. Council Member Capra asked if Ms. Lien would be going to full time pennanently. Mr. March stated his recommendation is to increase her work schedule to four (4) days per week until the City hires a full time Receptionist and then she would go back to three (3) days per week. Council Member Nelson asked how many days per week Laura Thompson had been working. Mr. March indicated she was working roughly 32 hours per week. Council Member Broussard Vickers requested if at all possible any new hire be computer literate to bring a stronger technical knowledge base into the City. Mr. March stated that if within 30 days Ms. Sweeney has not demonstrated the ability to pick up the task, the City would begin advertising for the position. February 15,2001 Council Meeting Minutes Mayor Swedberg clarified that if after the probationary period expires and it is determined that Ms. Sweeney is not fulfilling the duties of the accounting position she would be returned to the Receptionist position. Mr. March concurred. Motion bv Council Member Broussard Vickers. seconded bv Council Member Canra to accent the recommendation of Staff to offer the oosition of Account Oerk n to Kris Sweeney with a 6o-dav orobationarv oeriod commencin3 on Februarv 16. 2001. All in favor. Motion carried unanimouslv. 7. Resolution #01-004 (Downtown). Mr. March explained this is just the first step in the formal process as outlined in Chapter 429 for assessment and improvement projects. The City received a petition and needs to accept it by resolution. A feasibility study will be prepared as the next step if the Mr. Peterson does not need to update it then Council would accept it at the next meeting and follow the steps as outlined for the process. Motion bv Council Member Travis. seconded bv Council Member Nelson to aonrove Resolution #01-004 (Downtown) accentinS! the netition for assessment and imorovements. All in favor. Motion carried unanimouslv. 8. Meeting NoticeslDateslTimes Mayor Swedberg explained this item is on the agenda to discuss proper dates, times, and proper noticing for Council meetings. Mr. March stated one of the suggestions he received was to place the notice of a meeting change on neon colored paper in the front vestibule of the building to draw attention to the notice. He then suggested Council discuss when it is appropriate to change the date of a Council meeting and setting a regular day for workshops. Council Member Nelson inquired as to the costs to publish the agenda for the Council meeting. Mr. March explained publishing legal notices is expensive and stated he is not sure how much it would cost to publish the Council agenda. Mayor Swedberg asked Mr. Wilharber his opinion on how to get the word out to people on Council meeting dates. Mr. Wilharber stated that people are creatures of habit and do not like when the schedule changes. He suggested picking a date and time and sticking with that barring an emergency. Mayor Swedberg noted Council had decided the second and fourth Wednesdays would remain the days for the Council meetings. Mayor Swedberg noted the notice in the paper should be the same as what is put on the cable access channel. He also suggested advertising the committee meetings and including the topic for the meeting. Council Member Capra suggested Staff look into the cost to list the topic of the meeting in the newspaper. February 15, 200 I ColDlcil Meeting Minutes Mayor Swedberg stated he was willing to spend a little money if need be to keep residents informed. Mayor Swedberg stated it was hard for him to get to the meetings at 6:00 p.m., as he has to take vacation time to get here on time. He questioned if it would be all right with Council to move the meeting to 6:30 p.m. He also suggested that whatever time is set for the Council meeting the same time be set for all committees within the City. Council Member Travis indicated he was fine with the 6:00 p.m. start time and stated he would be okay with 6:30 p.m. but no later as the meetings have a tendency to run late. Council Member Broussard Vickers stated she would make 6:30 p.m. work but no later as the meetings run long. She also stated she did not feel Council should set the times for committees as she feels they should at least have the authority to decide the time of their meeting. Council Member Capra stated she has a hard time making a 6:00 p.m. meeting and stated 6:30 p.m. would be easier for her. Council Member Nelson stated she was okay with a 6:30 p.m. start time but not any later. She also stated she would like to communicate to the committees that Council would prefer them to hold their meetings at the same time as Council. Mr. Wilharber noted that sometimes Council would get a presentation that went on for hours and hours or a resident that goes on for quite some time so the Council meetings were changed to an earlier start time to accommodate that. Council Member Capra stated she felt Council needed to limit people's comments at public hearings and suggested a time limit of ten (10) minutes with one chance for rebuttal Mr. Wilharber noted many cities have a five (5) minute time limit and allow a resident to speak only once on a particular subject. Mr. Hoeft stated five (5) minutes is the standard time limit for resident input. In larger cities there is actually a podium with lights that change from green to yellow to red to let the resident know they need to wrap up their comments. Motion bv Council Member Nelson. seconded bv Council Member Caora to chant!e the start time of the Council Meetino to 6:30 o.m. be2inoint! with the first meetint! in March. All in favor. Motion carried unanimouslv. Council Member Travis stated he was not in favor of regularly scheduled workshops. He stated that when there is a need for one he has not missed one but is not in favor of scheduling them just for the sake of having a meeting. Council Member Capra stated she feels there is a lot of information that will need to be discussed and that Council could shorten the length of the regular meetings by having discussion at a workshop. February 15, 2001 COImci1 Meeting Minutes Council Member Capra noted the Planning and Zoning Committee had a workshop that was attended by the public. She questioned whether the Committee has to allow public input at the workshop. Mr. Hoeft stated the City does not have to answer to the public at the workshop. Council Member Capra clarified the meeting is open to the public but there is no need for comments or questions to Council or the Committee. Council Member Broussard Vickers stated she was not in favor of regular workshops as she feels residents are used to Council discussing issues at the regular meeting. She then stated she is not willing to come to a workshop once a month as she would rather stay late at a Council meeting rather than attend a regular workshop meeting. She also questioned when Council intended to discuss Council liaisons to committees. Mayor Swedberg asked Council Members Travis and Broussard Vickers if there appears to be a need for a workshop on a specific subject would they be willing to meet for a workshop. Council Members Travis and Broussard Vickers stated they were fine with an occasional workshop on an as needed basis but did not see the need for a monthly workshop. Council Member Capra suggested discussing the liaisons to committees at the workshop. Mayor Swedberg stated he thought Council needed to state what would be discussed at a workshop and stick to that subject. Mr. Hoeft concurred. Council Member Nelson stated she would like to have goals and budgets for the Park and Recreation Committee available at the workshop. Consensus was to schedule a workshop for February 27, 2001 at 6:30 p.m. Mr. Wilharber requested Council carefully consider future development when considering how to proceed with the park and cautioned Council against doing anything half way as that would end up costing the City and taxpayers more money in the long run. Council Member Capra stated she had spoken to Father Fitzgerald and he told her the Archdioceses had given the church the okay to develop a plan for either expanding the current church building or building a new church. She noted the church seemed willing to work with the City on a possible land swap. Mr. Wilharber pointed out he attends St. Mary's and St. Genevieve's and when St. Mary's reconstructed the original church they were careful to keep the historical nature of the building which is something he hopes St. Genevieve's keeps in mind for their expansion. Motion bv Council Member Nelson. seconded bv Council Member Caora to schedule a workshon for Februarv 27. 2001 at 6:30 n.m. All in favor. Motion carried unanimouslv. Februmy 15,2001 Council Meeting Minutes 9. Ms. Patricia Scott Letter Mr. March explained Ms. Patricia Scott, 7067 Goiffon Street, had submitted a letter to the City requesting payment for services she would have provided the City for taping the City Council meeting on Wednesday, February 14, 2001. She stated in her letter she was not properly notified of the change of meeting date and as she was previously booked was not able to attend. If the meeting had taken place on Wednesday as scheduled, she would have been available and, as such, she feels she is entitled to payment. Mr. March stated the City typically would not pay someone in this type of situation, which is why this item is before Council. Council Member Capra questioned whether there was an agreement between the City and Ms. Scott stating she would be paid if the meeting was not held on a scheduled date. Mr. March indicated there was nothing in writing. Motion bv Council Member Caora. seconded bv Council Member Nelson to deny the reauest for oavment from Ms. Scott. Council Member Travis stated he had no problem paying her, as it was not her fault the meeting was changed without much notice. Council Member Broussard Vickers stated that even though there is nothing in writing concerning Council meeting dates it has been the same two Wednesdays of the month for a long, long time. Ms. Scott is a freelance professional who books her time and counts on her income. She had booked Wednesday evening and was available to the City even though the City changed the meeting date. She then stated she feels Ms. Scott should be compensated for the meeting as she was available and the City did not provide much notice to her of the change in meeting date. Council Member Nelson asked how much notice Ms. Scott received. Mr. March stated he believed she got approximately a nine (9) day notice. Council Member Capra asked Staff to formally contact the cable operator and recording secretary in the event of any future change in meeting dates or times. All in favor. Aves - 2 (Caora. Nelson) Navs - 3 (Swedbel'2. Travis. Broussard Vicken). Motion failed. Motion bv Council Member Broussard Vicken. seconded bv Council Member Travis to Day Ms. Scott the amount she would have received had she been oresent for the meetinl!. All in favor. Aves - 4: Navs -1 (Caora). Motion carried. Council Member Capra requested a friendly amendment to suggest a specific time to give notice of a change of meeting. Council Member Broussard Vickers denied the friendly amendment request. 10. Sensus $quipmentJInstallationlUpgrades - Software) February 15,2001 Council Meeting Minutes Mr. Pa1zer was not available to discuss this matter as he was videotaping the meeting. Motion bv Council Member Travis. seconded bv Council Member Broussard Vickers to table discussion of tbis item to tbe next Council meetinS!. AU in favor. Motion carried unanimouslv. IX. CONSENT AGENDA 1. The City ofCenterville January 25, through February 9,2001 Expenditures 2. Centennial Fire District Expenditures Motion bv Council Member Nelson. seconded bv Council Member Broussard Vickers to approve tbe Consent Al!enda for items 1. and 2. as presented. AU in favor. Motion carried unanimouslv. x. COMMITfEE REPORTS None. XL ADMINISTRATOR'S REPORT Mr. March reported that Mr. LaMotte had resigned his position on the Planning and Zoning Commission. Mayor Swedberg questioned whether the City would be doing something to thank Mr. LaMotte for his years of service to the City. Mr. March stated Mr. LaMotte would be recognized at the holiday event and given a plaque to thank him for his years of service to the City, Council Member Nelson stated it might be nice in the future to put a note in the paper when committee members resign from service as a way of recognizing them along with the holiday event and plaque presentation. XIL ADJOU~NT Motion bv Council Member Travis. seconded bv Council Member Broussard Vickers to adiourn tbe February 15.2001 City Council Meetinl! at 9:17 p.m. AU in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Proofed by: Teresa Bender, ClerkfIreasurer . .~. CITY OF CENTERVILLE CITY COUNCIL MEETING FEBRUARY 28, 2001 6:00 p.m. E-mailed to Council Memb 3/8/01 at 10:10 a " Pursuant to due call and notice thereof, the City of Centerville held their regularly sc meeting on February 28, 2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Linda Broussard Vickers Council Member Mari Nelson ABSENT: None STAFF: City Administrator, Jim March City Engineer, Tom Peterson City Attorney, Jim Hoeft Public Works Director ildi g I. TO ORDER e rua 28,200, Counc' meeting to order at 6:06 p.m. S outs ere resent in the audience to learn about ssi t them' obtaining a merit badge. II. er Broussard Vickers seconded b Council Member nda with the above stated amendment. All in favor. III. IV. None. V. CONSIDERATION OF MINUTES Council Member Nelson requested that the following modifications be made: On Page 2, Petitions, modify the reference to Mayor Swedberg being out of town to read "it had been February 28, 200 I Council Meeting Minutes noted the Mayor Swedberg was out of town and would return on Thursday". On Page 4, Mr. Wilharber called Mayor Swedberg a council member; modify the reference to Mayor Swedberg. On Page 8, reword it to state the City is "intending on paving the parking lot". Motion bv Council Member Nelson. seconded by Council Member Broussard Vickers to approve the February 15. 2001 Council minutes as amended. All in favor. Motion carried unanimously. VI. PETITIONS AND COMPLAINTS Council Member Capra read an e-mail received from Ms. Michele Wroblewski concerned about snow removal from sidewalks. The e-mail requested that the City enforce the snow removal policy for the safety of residents, especially children. Ms. Michele Wroblewski stated that she had spoken with Mr. March who had stated that the City does not enforce the snow removal ordinance. Mr. March clarified the discussion that he had with the resident. Mr. March stated that the City does not actively enforce the ordinance, meaning that the City does not inspect sidewalks following snow falls, however, addresses issue on a complaint basis. Mr. March also stated that the resident's complaint was not for one (1) specific area, but for several. Council Member Capra questioned whether other ordinances are enforced on a complaint basis also. Council Member Broussard Vickers stated that most ordinances are and suggested that the City forward a letter reminding residents of the snow removal ordinance. Mr. March stated several cities hire seasonal workers to bring code violations to the attention of the City. Mr. March stated that it is impossible for the existing Public Works Staff to act as code enforcement personnel. Mr. March also stated that if the City had code enforcement personnel to cite residents in violation of ordinances, the issue of residents not getting along with their neighbors and complaining about each other would cease. Mr. Hoeft stated that the procedure of enforcing ordinances on a complaint basis was an appropriate practice. Council Member Nelson suggested that Staff look into the costs associated with the hiring of a code enforcement officer. Council Member Broussard Vickers stated the fines for ordinance violations should be significant to cover the costs of same. Mayor Swedberg requested that Staff research the complaint and discuss the snow removal ordinance with neighbors and request that they remove the snow from the sidewalks in question. Council Member Broussard Vickers suggested that Staff place an announcement concerning snow removal from sidewalks on the sign outside City Hall, in the LeJournal and Quad Community Press. Council Member Travis suggested that friendly reminders be forwarded to residents requesting the removal of snow from the sidewalks. Page 2 of 14 February 28, 2001 Council Meeting Minutes VII. UNFINISHED BUSINESS None. VIII. NEW BUSINESS 1. CommerciallRetail Center - Llovd Drilling Mayor Swedberg stated that Council had reviewed the Developer's Agreement and questioned whether Council had any concerns that it desired to be addressed. Council Member Capra questioned the private improvements completion date of 2002. Council Member Capra expressed her concern for residential property abutting same. Mr. Peterson stated that it is common to allow a year for final improvements to be made and allow ample time for settling and grass or sod installation. Council Member Travis questioned whether Me. Drilling had a problem with requiring the improvements to be completed by December 31, 2001. Me. Drilling stated that completion would be subsequent to weather conditions. Mr. Drilling stated his desire to complete same by the end of the year. Council Member Broussard Vickers stated that the City typically allows one and a half (1 Y>) seasons to complete a project in order to accommodate weather conditions. Mr. March stated that releasing the letter of credit provided by the developer is incentive for completion of the project. Council Member Nelson questioned whether Mr. March reviewed the Developer's Agreement to ensure that all ordinances were met. Mr. March concurred. Mr. March stated that language regarding the western trail had been excluded from the agreement. Council Member Nelson stated that she believed Council consensus was to enter into a separate agreement for same. Council Member Broussard Vickers requested that Mr. Drilling check with the City to ensure that no changes had been made in the trail requirements prior to construction of same. Motion bv Council Member Broussard Vickers. seconded by Council Member Travis to approve the Developer's Al:reement as presented. All in favor. Motion carried unanimously. Mr. Drilling requested that Council approve combining the two (2) parcels in order to receive a new property identification number. Consensus was to approve same. Council Member Nelson requested that Staff research trail requirements for this area with Anoka County and the Rice Creek Watershed District. Mr. March suggested that Council Page 3 of 14 February 28,2001 Council Meeting Minutes direct Mr. Peterson to prepare a cost estimate for same. Council requested that Mr. Peterson prepare a cost estimate and research the requirements to fill in the ditch and reconstruct the trail to correct the slope noting Council desired to know the possibility of reconstructing the trail by filling in the ditch and associated costs. Mr. Peterson requested delaying this item until spring allowing ample surveying of the property. 2. Sensus (Equipment/lnstallationlUpgrades - Software) Mr. March referred to a memo submitted by Staff requesting purchasing of software. Mr. March that the funds to purchase same would be expended from the Water Fund. Mr. March stated that the software would save time and steps in posting information to the accounting software. Mayor Swedberg stated that caller identification and a dedicated phone line would also need to be installed and not included in the recommended software purchase in the amount of$4,685. Mr. Palzer stated that Council would need to decide if it desired to charge residents a $100 installation fee for units to be installed in homes more than three (3) years old. Council Member Capra stated she had received concerns from residents who may have purchased homes that had previously been modified without appropriate permits. Council Member Capra stated that residents are concerned about ramifications from the City in regards to same. Mr. March explained that Staff would more than likely do sump pump inspections at the same time as meter programming/installation. Mr. March stated that the City would ensure proper use of same. Mr. March stated that in his opinion, the City does not desire to "heavy hand" residents and charge them for modifications that may have been completed without appropriate permits. Mayor Swedberg questioned whether a resident could refuse the installation of the unit. Mr. Hoeft explained that a resident could refuse same, however, an Administrative Search Warrant could be obtained by the City to allow access and installation of same. Mr. Palzer stated that Staff would not be looking to fine residents, however, if an immediate safety concern existed it would need to be addressed. Council Member Nelson suggested notifying residents that they can expect to pay $100 for the unit. Mr. March stated that he anticipated this to be a fairly lengthy installation process so residents would not see the unit installed for some time. Motion by Council Member Broussard Vickers. seconded bv Council Member Capra to approve the purchase of the Sensus software as presented. All in favor. Motion carried unanimously. 3. Pheasant Marsh Mr. March stated that Ground Development was present to request permission to amend the Comprehensive Plan for the MUSA land swap. Ground Development would escrow Page 4 of 14 February 28, 2001 Council Meeting Minutes money with the City to contract with the firm that drafted the original Comprehensive Plan to amend and re-submit same to the Metropolitan Council for their approval. Council Member Capra questioned whether there were additional amendments that needed to be addressed. Mr. March explained that Staff would research same and if needed, submit those along with Ground Development's amendment. Mayor Swedberg questioned Mr. Terry Hannah for clarification on the MUSA land swap. He then questioned whether Dupre Road would continue through the development in the beginning or if it would be expanded in stages. Mr. Hannah explained the three (3) phases of construction. Motion by Council Member Broussard Vickers. seconded bv Council Member Travis to approve the request for permission to pursue a MUSA swap and Comprehensive Plan amendment. All in favor. Motion carried unanimously. 4. Design Proposals Mr. March stated that he had. received two (2) design proposals from landscape architecture firms for idea$ in regards to streetscapes and building designs within the City. Same was contained in Council packets for review. Staff would be receiving two ,ll.i .... , (2) more proposals and would forward them to Council. Mr. March suggested Council arrange interviews with all four (4) companies either in a workshop or Council meeting subsequent to receipt and review of all submissions. Council Member Capra questioned the difference between a City Planner and a City Engineer. Mr. Peterson explained that a Landscape Architect researches details of landscaping and building~ and a City Planner researches zoning requirements and larger issues surrounding the City's growth. Council Member Capra suggested the City investigate hiring a City Planner on an as needed basis. Council Member Broussard Vickers stated that a planner is very expensive. Mr. March stated that a City Planner primarily focuses on zoning issues and ordinances. A Landscape Architect actually provides sketches and diagrams for a specific landscaping and architectural style for the City. 5. Traffic Study - Intersection of Main Street and Centerville Road Mr. March stated that Anoka County would be performing a traffic study of this area in the near future. 6. Turcotte Prooertv. " Mr. March reported that Staff has continued discussions with Mrs. Turcotte regarding the purchase of the property. Mrs. Turcotte has indicated she no longer has tenants and anticipates her ability to move into a Senior Housing Unit in the near future. Staff has discussed the possibility of purchasing the land and renting her a unit until such time as she is accepted into senior housing. Page 5 of 14 February 28, 2001 Council Meeting Minutes Mr. March briefly discussed the downtown redevelopment. 7. TlF (First Class Concrete) Mr. March stated that First Class Concrete is proposing to construct an office/warehouse facility on the property located north of R & R Leasing on 20th Avenue and is requesting tax increment financing. Mr. March stated that the City currently has a tax increment financing policy in place. 8. Laurie LaMotte Memorial Park Mayor Swedberg stated that Council recently met with the Parks and Recreation Commission to discuss Laurie LaMotte Memorial Park and improvements to same. Mayor Swedberg stated that he received a lot of information and got clarity on many issue at the meeting. Mr. March explained that the City is intending on submitting a grant application for playground equipment, concession/shelter building, electricity, and a skate park to be used in conjunction with' 'the existing hockey rink. He stated that the City forwarded letters to residents that own property within 500 (five hundred) feet of the park and invited them to a public hearing at the next Parks and Recreation Meeting. Mr. March explained that the meeting between Council and the Parks and Recreation Committee was to discuss funds available and how to proceed with the improvements. Consensus of the Parks and Recreation Committee was that they were interested in providing electricity to the park and desired to wait for public input prior to deciding whether or not to run lighting to the baseball fields. Mr. March stated that the primary issue is to have electricity installed prior to the Fete des Lacs Festival in early August. The Centerville Lions Club has volunteered to provide labor to construct a concession stand/shelter, but currently, no funds are available. 9. Council Information and Process Council Member Nelson submitted information from the League of Minnesota Cities Handbook for Council review. Council Member Nelson stated that she thought Council should discuss the concerns raised by Mr. Wilharber <j.t the previous meeting in more detail. She stated that she was disappointed that Staff did not ascertain everyone's input prior to modifying the date of the previous meeting. She then stated it would have been more appropriate for the entire Council to discuss the complaint received and decide whether representatives of Council would meet with the local business owner to investigate the complaint. However, there was a concern for negative publicity for the business owner. Council Member Nelson stated that she believed Council needed to work as a team in the future. Mr. Hoeft indicated that there is a process for handling complaints that should be followed. Council Member Nelson stated that Council did not follow the process. Mr. Page 6 of 14 February 28, 2001 Council Meeting Minutes Hoeft agreed Council did not follow procedure and suggested that since there is a policy in effect, it should be followed. He then recommended avoiding addressing last minute complaints at council meetings, stating if the information is not in Council packets, it should be held until the next council meeting. Mayor Swedberg stated that was a complaint and that he had questioned Mr. Hoeft and Police Chief Heckman for their opinion on how to proceed. Mayor Swedberg then stated that some complaints are unwarranted and he feels residents and business owners are entitled to privacy. Council Member Broussard Vickers questioned whether Council was under an obligation to name names or if Council could give generalized information and investigate the complaint further. Mr. Hoeft explained that a resident should not have an expectation of privacy if they are writing to the City, they.should realize what they write is public information and same goes for information writte~ to a Council Member. Council Member Broussa~~f Vickers stated that there should be a process that if a Council Member takes a complaint, the Council Member should inform the resident they are not acting or speaking on bel1~lf of the entire Council. Council Member Broussard Vickers concurred with Mr. Hoeft in regards to information being contained in Council packets. Consensus was that if information was not contained in Council packets, the item would be reserved for the next Council agenda. Council Member Capra questioned the desire of Council on the process for addressing complaints heard at a meeting. Mr. Hoeft suggested thanking the resident for their comments and acknowledging the complaint. Mr. Hoeft advised Council to state that the City would investigate the matter and place the item on the Council's next agenda for discussion. Council Member Capra clarified that there were two (2) issues, one (1) for the original complaint and one (1) for the handling of the complaint. Council Member Broussard Vickers stated that the complaint should have been placed in the standard process, noting if it were a matter of public safety or an emergency, it would be handled appropriately. In this case, there was no emergency, so the complaint should have waited until the next Council meeting. Mayor Swedberg stated that he is concerned for business and resident privacy. Mr. Hoeft explained that the City n~eded not to be concerned for privacy as there are other laws to protect individuals if someone should bring a frivolous complaint. Mayor Swedberg clarified the written complaint process if received in Council packets and stated that it would be discussed at the meeting, however, if no information is provided in the packet regarding a complaint, it would be placed on the next meeting agenda for discussion. If Council receives a verbal complaint at a meeting, Council Page 7 of 14 February 28, 2001 Council Meeting Minutes would acknowledge same, not act on it and place the complaint on the next meeting's agenda for discussion. Council Member Broussard Vickers stated that she would like to see something in writing from residents or business owners concerning the complaint. If a resident refuses a written complaint, a Council Member could relay the information to Council for discussion on the resident's behalf. Council Member Broussard Vickers also stated that she believed anyone who requests that Council formally discuss an issue, should be willing to put their concerns in writing. Mr. Hoeft suggested shying away from relaying information for someone as the Council Member could get into the "hot seat" if a resident later recants and states that they never made the complaint. It is far better to have the resident come before Council with their complaint. Mayor Swedberg stated he disagreed with Mr. Hoeft and Council as he thinks people's privacy is very important, however, he would go along with Council's desires on complaint procedures. 10. Planning and zont~~ fommission Training Mr. March reported he had provided information in Council packets concerning resources for training for Planning and Zoning Commission Members. Mr. March explained that the information would be forwarded to the Commission in their packets. Mayor Swedberg stated that he desired that the City pay for AP A membership for all Planning and Zoning members. Mayor Swedberg encouraged Council to attend the League of Minnesota Cities annual meeting in June. Council Member Broussard Vickers stated she had participated in several classes in the past and that they were good, however, she expressed a desire to participate in training sessions that took place on Saturdays so that same would not interfere with work schedules. Mayor Swedberg requested that Mr. March investigate whether GTSI would provide on site training. . 11. Resolution #01-005 - Accepting Downtown Feasibility Study Mr. March stated that the Resolution is the next step in the process following the receipt of the petition from downtown property owners for utilities and streetscaping in the area. Council Member Capra questioned whether Centerville Elementary would be assessed for water services they already have. Mr. Peterson stated that the school would be excluded from the assessment roll. Council Member Capra questioned whether the Public Works site located at 1694 Sorel and the Turcotte property would also be excluded from same and its ramifications. Page 8 of 14 February 28, 2001 Council Meeting Minutes Mr. March stated that the primary issue is whether it is feasible to run utilities to the downtown area. The hearing would bring resident input. Motion by Council Member Broussard Vickers. seconded bv Council Member Nelson to waive the readinl! and approve Resolution #01-005. a resolution receivinl! the report and callin~ for a hearinl: on water main extension and streetscapinl! for the downtown area. All in favor. Motion carried unanimously. 12. Committee Liaisons Council Member Capra referred to the information she submitted in Council packets concerning a synopsis of what type of decision would be made in regards to what form of liaison role the Council would have with committees/commissions. Council Member Nelson stated she was concerned for a liaison acting on their own at a meeting. Council Member Broussard Vickers stated that the Planning and Zoning Commission and '.'-,: -. Parks and Recreation Coriuuittee both desired liaisons. The Economic Development Committee (ED C) had stated they desired a liaison in the capacity of being called upon when needed. Council Member Broussard Vickers stated that individuals that serve on committees/commissions are volunteers and to request that they attend a Council meeting is requesting a bit too much. Council Member Broussard Vickers also stated that her impression of a liaison is to give a more general feel as to how to arrive at a decision that needs to be made. A liaison may be privy to information the committee/commission may not be and may have the ability to steer the committee/commission down the correct path to ascertain the most responsible decision. Council Member Capra stated that one (1) of the members of EDC had stated the necessity for rotating liaispns. Council Member Capra stated she had learned that committee/commission members received a stipend. Council Member Capra stated that she desired to empower committees/commissions and have a representative attend Council meetings to forward communications and status reports. Council Member Capra also stated that she had received comments that the liaison takes over the meetings and almost acts as Chair at times. Council Member Capra desired to increase the current stipend of $10 per meeting attendance. Mr. Ray DeVine, 1837 Revoir Street, stated that he was present at the Joint CouncillPlanning and Zoning Commission meeting and it was clear that the Commission desired to retain having a liaison at their meetings. Mr. DeVine commented that liaisons were also desired for both Parks and Recreation and Fete des Lacs Committee. Mr. DeVine stated that he cannot understand how Council could even consider dropping the liaisons when 95% of th~ people at the meetings desire to retain same. Council Member Travis concurred with Council Member Broussard Vickers comments regarding requesting volvnteers to spend additional time attending Council meetings. Page 9 of 14 February 28, 2001 Council Meeting Minutes Council Member Travis stated that information received at Council meetings from the liaisons is beneficial, as it is not always found in the minutes of the various committees/commissions. Council Member Travis also stated that he feels the members of committees/commissions are providing a tremendous service to the City and should not be requested to attend Council meetings. Committee/Commission members feel support of Council when a representative from Council is present and can provide insight on various issues. Council Member Travis noted that he is not in favor of eliminating Council liaisons, however; would feel more comfortable with splitting up the liaison duties differently. Mr. March questioned the possibility of a Council member being biased on an issue when presenting same to Council. He then suggested asking the Chair from each committee/commission to come to Council once a quarter to help facilitate two-way communication. Mayor Swedberg stated th,at the Planning and Zoning Commission needs to know more about the laws and ordinances and guidance on same. Mayor Swedberg questioned whether Mr. Peterson would be willing to alternate attendance of Council and Planning and Zoning Commission meetings. Mr. Peterson stated that he would be available on an on-call basis when engineering issues were being discussed, but did not feel the necessity of regularly attending PI~~ni~g and Zoning Commission meetings. Mayor Swedberg stated that Council would 'require more detail from the Planning and Zoning Commission and there may be a need for a City Engineer at those meetings. Council Member Broussard Vickers stated that she did not feel engineering services were typically needed at Commission meetings. The City has ordinances and the Commission needs to consider compliance of same. The Commission relies on Staff for guidance. Council Member Broussard Vickers also stated that she felt if there were particular issues Mr. Peterson should be called upon, but it is not warranted or cost effective to have him attend on a regular basis. Mayor Swedberg stated it is important that committee/commission members receive professional input that they need to make responsible decisions. Council Member Capra stated that she felt it was un-necessary to have a liaison appointed to the Fete des Lacs Committee. Council Member Capra stated that she desire to have a committee/commission member attend Council meetings on a quarterly basis. Council Member Capra also stated that Council should make itself available to committees/commissions on an as needed basis for larger issues. Council Member Nelson stated she was in favor of the Chairperson from each committee/commission attending Council meetings on a quarterly basis. Council Member Nelson stated that if a committee/commission desired a liaison one (1) could be appointed to attend meetings. Mayor Swedberg questioned whether a document concerning liaisons would need to be amended. Page 10 of 14 February 28, 2001 Council Meeting Minutes Mr. March suggested forwarding Council's decision to all committees/commissions to ascertain their desires on this issue. Council Member Broussard Vickers stated that she felt if a representative of a committee/commission desired attending a Council meeting, a standing invitation exists for same. Mayor Swedberg requested that Mr. March contact committee/commissions to ascertain their desire for liaisons, to request that if larger issues arise, to keep Council abreast of the situation, forward Council's support and Council's desire to provide the necessary professional expertise if deemed appropriate. Mr. March stated that he would draft a policy for same. Council Member Capra requested that Staff investigate which committees/commissions received stipends and amounts. Council Member Capra also stated the possibility of increasing same and that EDC did not receive a stipend. , I! 13. Union Contract This item would be discussed III a closed Executive Session following the Administrator's Report. IX. CONSENT AGENDA 1. The City ofCente~ille February 10, through February 28,2001 Expenditures 2. Centennial Fire District Expenditures Motion bv Council Member Nelson. seconded bv Council Member Broussard Vickers to approve the Consent Aeenda as presented. All in favor. Motion carried unanimouslv. X. COMMITTEE REPORTS None. XI. ADMINISTRATOR'S REPORT Mr. March reported that he had a meeting with an architect to discuss the City monument SIgn. Council Member Capra requested that Mr. March update Council on the status of a lot contained in Buechler Estates. Mr. March explained the developer who is in the process of building on the last lot in the development, approached Staff with house plans showing a revised grading plan that called for a portion of the garage to be off of the building pad. The Building Official indicated to Mr. Buechler.that he needed to revise the grading plan or adjust the house to fit on the existing plan. Mr. Buechler contacted his attorney who advised him that it was illegal for the City to hold the building permit subject to setback requirements. Staff Page 11 of 14 February 28, 2001 Council Meeting Minutes contacted Barna, Guzy and Stephen and spoke with Mr. Darrel Jensen in this regard. Mr. Jensen was filling in for Mr. Hoeft who was out of the office. Mr. Jensen stated that if the builder met the setback requirements, it did not matter whether or not the building was built on the pad and the City was required to issue a building permit. Mr. Jensen stated that the City may choose to require soil boring tests if the building was built off of the building pad. Soil corrections would need to be completed if deemed appropriate. Mr. March requested Mr. Jensen's opinion in writing and received same via facsimile later that day. Mr. March stated it was a matter handled in the ordinary course of business and he did not feel Council needed to be made aware of the situation. Council Member Capra 'questioned the amount of contact Staff has with the City Attorney per day and questioned whether Council should be aware of same. Mr. Hoeft stated that he speaks with Staff approximately once per week. Council Member Capra stated that if a developer is going to deviate from a plan approved by Council, she feels the plan should again be reviewed by Council. Council Member Broussard Vickers stated, ,that she did not feel the need of Council being aware of administrative, day-to-daY operations of Staff. Mr. Hoeft stated that all setback requirements need to be met and any agreement between Mr. Buechler and the purchases of the property for placel11emt of a home, the City is not privy to nor may control. The owner may place the hous,e\vherever he/she desires on the lot as long as setbacks and soil boring requirements are met. The City does not determine the placement of a house on the property, except for s~tback requirements. Council Member Nelson suggested that legal issues be addressed in the Week in Review. Mayor Swedberg stated that he was not interested containing same in the Week in Review. Mr. Hoeft explained if the 'matter is attorney/client privileged, it would not be discussed. If there is a less substantial issue, he or Staff would present whatever information a Council Member wants, noting he does not prepare a report on day-to-day dealings with Staff for any other community he represents. Mayor Swedberg directed Staff to alert Council to potentially large issues; however, Staff should continue to handle small situations appropriately. Mr. March stated he is a'professional who would forward information, as he deemed appropriate, to Council to keep them abreast of issues. Council Member Capra stated that she would prefer not to act in the capacity of investigator but rather hav~ concerns brought to the attention of the entire Council. Council Member Broussard Vickers suggested if Council Member Capra had a question or concern that she contact Staff to discuss the matter. Mr. March suggested th~tdiscussion of items of concern take place prior to Council meetings to allow Staff ample time to prepare information to be forwarded to the entire Council for review. Page 12 of 14 February 28, 2001 Council Meeting Minutes Council Member Capra stated that she thinks there are things that transpire on a day-to- day basis that she, as a Council Member, should know. Mr. Hoeft stated it is not a Council matter, but noted she could ask as an individual. The matter had nothing to do with Council, so Council would not be getting information on those types of items in the future. Mr. Hoeft suggested that Council Member Capra refer to the League of Minnesota Cities Handbook because the League is very conscious of the fact that Council Members think they have to know everything that is going on in the City and that is not a Council Member's job. Council Member Travis reminded Council that the Week in Review started as a courtesy from Mr. March. He then stated that Staff handled the issue very well and complimented Staff on a job well done. Mr. March stated that if any member of Council is unhappy with a response from him, they should address the entire Council regarding same. Mr. March requested that Council allow Staff to do their jobs. Council Member Capra siat~d that she brought up the issue because she did not want to research the issue herself br I,)e accused of micromanaging Staff. '-., !," Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to recess to the E.xecutive Session at 9:02 p.m. All in favor. Motion carried unanimouslv. Union contract negotiation discussion occurred during this Executive Session. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to approve the Union Contract as submitted. All in favor. Motion carried unanimously. Motion bv Council Member Broussard Vickers. seconded bv Council Member Nelson to close the Executive Session at 9:30 p.m. All in favor. Motion carried unanimouslv. Motion by Council Member Broussard Vickers. seconded bv Council Member Capra to continue the Council Meetine at 9:31 p.m. All in favor. Motion carried unanimously. XII. ADJOURNMENT Motion by Council Member Nelson. seconded by Council Member Travis to adjourn the February 28. 2001 City Council Meetine at 9:32 p.m. All in favor. Motion carried unanimously. Page 13 of 14 February 28, 2001 Council Meeting Minutes Transcribed by: Joan Lenzmeier, Recording Secretary TI.'meSaver pjJ~ite ecre arial, Inc, ,-- .._'--... ---/ '\ ~_.".~ Proofed by: Teresa Bender, C1erk/Treasurer Page 14 of 14 . . ~ CITY OF CENTERVILLE CITY COUNCIL MEETING MARCH 14, 2001 6:30 p.m. March 14, 2001 Council Meeting utes Pursuant to due call and notice thereof, the City of Centerville held their regularly sc eduled meeting on March 14,2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Mari Nelson ABSENT: STAFF: City Administrator, Jim March City Engineer, Tom Peterson City Attorney, Jim Hoeft Public Works Director/B I1 ng Clerk/Treasurer, Te sa en er I. II. a led h M r hI, 2 1, Ci Council meeting to order at 6:32 p.m. e ber Nelson seconded b Council Member Ca ra to ith the re uested addition. All in favor. Motion carried II. CES/A WARDS Page 1 of 15 March 14,2001 Council Meeting Minutes V. CONSIDERATION OF MINUTES Council Member Capra requested the following change: On Page 9, Section 12 in the third paragraph down add "too much" to the sentence. She then asked Staff to add discussion of Committee stipends to a future agenda. Council Member Travis requested the following change: On Page 10, in the second sentence insert the word "council" before liaison. Mr. March requested the reference on Page 12 to the house being built off the building pad be changed to the "building." Mayor Swedberg requested the following change: On Page 10, in the first sentence strike the words "he had heard at that meeting" and leave there was a need to know more about the laws and ordinances. Also strike "he desired to make sure" and add "it is important". Mr. March requested the following change: On Page 12 clarify that Staff speaks to the City Attorney approximately once per week not a total of one day per week. Motion by Council Member Nelson. seconded by Council Member Capra to approve the Februarv 28. 2001 Council Minutes as amended. All in favor. Motion carried unanimously. VI. PETITIONS AND COMPLAINTS 1. Mr. Wayne Blake. 1275 Mound Trail Mr. Blake addressed Council and explained that he bought a lot on Mound Trail that is on the lake and was purchased about a year prior to building on it. He explained he and his wife had reviewed the approved site plan for the development, and were under the impression that all of the homes would be built on the building pad as shown on the site plan. Mr. Blake explained that when he and his wife decided to build on the lot they decided it would be nice to be closer to the lake. When they contacted the City they were told that a Variance would be required if they intended to seek permission to build off the building pad as designated by the site plan. Mr. Blake explained rather than going through the City, he contacted Mr. Buechler to request permission to build off the building pad. Mr. Blake explained that Mr. Buechler threatened to involve an attorney if the Blakes attempted to build off the building pad. Seeing that type of resistance he and his wife decided to build on the building pad. A year later, Mr. Buechler staked out a home he is building for himself and it is not on the building pad. Mr. Blake explained he contacted Mr. Cook at the City who told him not to worry because if Mr. Buechler wanted to build off the pad then he would also need to request a Variance. That would require neighboring property owners to be notified. A few days went by and the hole for the foundation was dug. Mr. Blake then questioned how it is possible that Mr. Buechler got approval to build off the building pad when he Page 2 of 15 March 14,2001 Council Meeting Minutes and his wife were told it would require City Council and neighbor approval to do so. He then voiced concern that proper procedures were not followed. Mayor Swedberg explained the City contracts a law firm and that when the primary City Attorney is not available, another attorney will step in to act on behalf ofthe City. Mr. March explained Mr. Buechler had dropped off pictures earlier today at City Hall but stated he was not sure what those pictures represented. Mr. March then explained what had happened that allowed the building permit to be issued. Mr. Buechler came to City Hall requesting the building permit. Mr. March told him a Variance would be required to build off the building pad and explained the Variance procedure to Mr. Buechler. Mr. Buechler then told Mr. March he was going to contact his attorney to discuss the matter. Mr. March then determined it would be appropriate to contact the City Attorney for his opinion on the matter. Mr. March contacted the City Attorney's office and explained the situation. He received an oral opinion which explained the building permit cannot be held as Mr. Buechler is entitled to build anywhere on the property provided he meets the City's setback requirements. Mr. March requested that opinion in writing and that is included in Council packets for review. Mr. March then stated he feels badly that the Blakes were given misinformation that caused them not to pursue building off the building pad but explained he only learned of this because Mr. Buechler had pushed the issue and the City needed to seek a legal opinion on the matter. He then explained that the building pad means nothing other than the soil has been corrected in that designated area ensuring anyone who purchases the lot that the lot is buildable. Mr. March stated he felt the City needed to tighten up restrictions for where the houses are to be built by putting it in writing in the developer's agreement in order to have more control over the development. City Attorney Hoeft confirmed that the building pads are constructed to add value and marketability to the lot, noting if they were not there the person buying the lot would have to do testing and soil correction which costs money. Mr. Blake questioned why Mr. March had to go to the City Attorney's office to make sure it was okay to issue the building permit if Mr. March has the authority to issue building permits. He stated he felt he was getting a lot of legal mumbo jumbo as an explanation as to why they were given information that led them to believe they were not able to build off the building pad. He then stated he relied on the information provided to him by the City. Mayor Swedberg explained that the day-to-day business of the City requires that City employees call the City Attorney for advice. Noting that at any time there seems to be a question as to what is appropriate for Staff to contact the City Attorney for verification. Mr. Blake asked why they were not offered the same courtesy. Mayor Swedberg explained that any kind of Variance goes before the Planning and Zoning Commission noting that neighbors can protest, but the City does not rule on the Page 3 of 15 March 14,2001 Council Meeting Minutes Variance request based on neighborhood opinion. The opinion is heard and considered, and if there is valid reason to grant a variance it is approved. He then stated if the Blakes had taken their request one step further they would have gotten different answers. Mr. Blake stated he spoke to the City Inspector and got the same answer, that a Variance may be required. Mrs. Blake noted she had read through Ordinance #4 and stated it seemed to her that building off the building pad was an amendment to the plan, which is something that required Councils approval. City Attorney Hoeft explained that going off the building pad is not an amendment or a change, and that Council approval is not required. Mrs. Blake then read the responsibilities of the Building Inspector noting she felt Council could prohibit Mr. Buechler from building the house as he is. City Attorney Hoeft explained there is no violation existing that would warrant the Building Inspector or Council taking action. City Attorney Hoeft further explained the building pads are not significant with regard to the approved drainage plan. They are there to improve marketability and, as such, they are shown on the plan but are not part of the approved grading plan. Mrs. Blake asked why she was told she would need a Variance. City Attorney Hoeft stated that in any real estate transaction there are obligations on behalf of the seller and the buyer that require due diligence to investigate the situation if there is a question as to what City Code allows them to do with the property. In this case the Blakes relied on information from the building inspector as to what they could or could not do. Assuming, for the sake of argument, the information from the building inspector was incorrect that would not create any liability on the part of the City. Mr. Hoeft went on to explain that the Legislature has determined that City employees do not control the legal document that contains the City's Codes and, if there is a discrepancy between what a resident is told and what exists in the City Code, the Code governs. It is part of the due diligence process to determine if the advice given is in accordance with City Code. Mr. Hoeft further stated if the Blakes received wrong information from the Building Inspector that that information does not bind the City legally. He explained the reason the Legislature has upheld that immunity is because if it did not exist and employees could be held responsible then it would be costly to cities. That cost is something the Legislature did not want to be borne by taxpayers. Mr. Hoeft then explained that if the Blakes were given wrong information, it was a mistake that was made, and that mistake was corrected when Mr. Buechler brought the matter to the City's attention. Mr. Blake clarified that he and his wife are not looking for restitution. He then stated he relied on information received from City officials that if anyone else would be building off the pads that they, as neighboring property owners, would be informed. He stated he feels they were not treated decently. He also stated that they are the general public and Page 4 of 15 March 14,2001 Council Meeting Minutes not attorneys, who thought that information received from the City could be comfortably relied upon. Council Member Capra commented she had met with the Blakes and understands their concerns with regard to varying from the approved plan. She stated she understands the importance of the line of sight with lake front property. She stated she feels City employees did what they felt was appropriate at the time, and that it is unfortunate that the information the Blakes relied upon was incorrect. She then offered her apologies to them for the way the situation was handled. Council Member Travis suggested the City should do some research as he believes in most communities there is a minimum and a maximum setback requirement. Mrs. Blake stated she does not want restitution but wants a consistent plan that will be followed for all residents. She then stated she felt they were treated unfairly and she hopes there is a way to correct the problem from this point forward. Council Member Nelson apologized for the way the Blakes were treated. She stated it is important to her that all residents are treated fairly and she thinks Staff does that. She stated it is unfortunate that the information Staff relied upon when advising the Blakes was incorrect. She agreed with Council Member Travis that the City needs to look at amending the ordinance with minimum and maximum setback requirements. Mrs. Blake thanked Council for its time. VII. UNFINISHED BUSINESS None. VIII. NEW BUSINESS 1. Eagle Pass Sketch Plan Mike Quigley representing Gor-em Development addressed Council and showed the sketch plan for Eagle Pass. He explained Council Member Broussard Vickers had asked at the Planning and Zoning Commission meeting that something be done to screen the road that went through the back yards of the existing homes. He pointed out how the street was redesigned to screen it from the backyards with different types of plantings. Mayor Swedberg asked several clarifying questions of the Developer. He then asked Mr. March if there was a designated time for developing the Outlot. Mr. March explained the outlots were left large enough to be built on in the future but there was nothing specific in the first plan. Council Member Nelson noted the buildings on Lots 11-18 looked smaller than the other homes. The Developer explained they are smaller as they are single detached townhomes rather than twin homes. Council Member Travis asked when the Developer would be starting construction. Page 5 of15 March 14,2001 Council Meeting Minutes City Attorney Hoeft noted construction is subject to various approvals, and that Council will have the opportunity to further review this matter before final approval. Mayor Swedberg noted there is concern for development impacting the school district. Mr. March noted any City concerns would be addressed through the plat approval process. He then explained he heard today there was concern from the Chauncy Barrot Gardens residents that a lot of people are using a path from the back door of the senior housing to access Ojibway Drive, noting there may need to be a trail connecting the two. Mr. Drewlo expressed concern that there is no trail-way, which means he has to trespass to go for a walk. He then thanked the Developer for the hours of wildlife viewing they have gotten from the Outlot. Mr. Jim Juhl, President of Eagle Pass Single Townhome Association addressed Council and noted the main concern for the Association is that they can only add seven (7) more units to their Association according to the bylaws. He then stated his Association would appreciate it if the new buildings had a new Association created for them. He outlined various civil issues the Association has with the builder. Mr. Juhl noted the park on Dupre Road has never been finished, and the short concrete pad is acting as a magnet for teenage kids to gather, smoke and talk smart. He asked that something be done to curb that. He then stated he would like to see more streetlights in the new development, and possibly some added to his current development. Mr. Juhl told the Developer he had information that led him to believe the Outlots are deeded into his Association. The Developer noted he would research that issue and thanked Mr. Juhl for the information. Council Member Capra asked if the bylaws of the Association could be amended to include more homes. Mr. Juhl explained he believed they could be amended but a request for an amendment would need to go through the State. He understands it is a costly procedure. Council Member Travis asked why the Association did not want more homes in the Association. Mr. Juhl explained the reason is mainly because the roads are private roads that must be maintained, and that is a big expense for the Association. Mr. March noted this sketch plan would go through the preliminary plat process as if it were a bare piece of land being subdivided. City Attorney Hoeft noted that either Swift or Gor-em Developers would be submitting townhome documentation for him to review. Mr. Quigley clarified that the intent of the Developer was for the homes built on the outlot to have their own Association. Mr. Quigley further clarified the park pad was intended to be a full size tennis court, but the Developer was caught with an asphalt plant Page 6 of 15 March 14,2001 Council Meeting Minutes shut down. He also noted that if residents want more lighting in the development, it is an issue to be resolved with the City and Xcel Energy. Mayor Swedberg asked Mr. March if residents could request more streetlights from the City. Mr. March explained street lighting could be assessed to those who receive the benefit. Ms. Tracy Hallstrom asked the Developer if Swift would be the builder and, if so, if the structures would be the same as the existing structures. The Developer stated Swift would be the builder and the structures would be the same. Council took a five-minute break at 7:50 p.m. 2. Kellv's Komer Drainage Mr. Bill Bisek (7098 Centerville Road) explained to Council there is a drainage issue in the downtown area that is negatively impacting his business. He further explained the issue dated back to sometime in the 1940's or 1950's. He would like Council to step in and resolve the issue. Council Member Capra questioned whether the drainage issue was a public or private drainage issue. She then asked where the storm water from the downtown area flows. Mr. Palzer explained the storm water from the downtown area flows into lines that flow into the lake. He further explained that none of that water is being treated and commented there may be a need for a retention pond. Mr. Bisek explained the drain installed on the property next to his is not working properly right now. He would like to have it looked at to see if it is plugged, crushed or broken. Then, possibly set up an alternative plan to pump the water out to Main Street so it is not causing problems for the businesses in the area. Mr. Palzer stated it is possible that the line is frozen which is why it is not draining. Mr. Bisek stated he feels there is City water that flows in to contribute to the problem. Because of this, he feels the City should help him with the issue. He further stated he is willing to sign an agreement to authorize the City to fix the drain if need be. Mayor Swedberg told Mr. Bisek that Staff would look into the issue and get back to him. City Attorney Hoeft mentioned he had spoken to Mr. Palzer and Mr. March who had given him information that indicated a private drainage line put in a number of years ago. This line illegally tapped into the City sewer is causing the problem. He then stated he did not feel it was advisable for the City to take over the maintenance of that drain without receiving easements over the various properties involved. He stated if there is water coming from a larger area, there might be a need to put in a properly sized pipe and make sure the engineering is correct to ensure proper drainage. He further stated there might be a need for an area wide assessment to the benefiting properties rather than just the two property owners currently having the issue, in order to fund the improvement to the drainage. Page 7 of15 March 14, 2001 Council Meeting Minutes Mr. March asked if the property owners were interested in having the costs assessed to them if it would be possible to obtain a waiver to clean the line now, and assess those costs as part of the costs to improve the drainage. City Attorney Hoeft explained the cost to clean the line could not be assessed to the property at a later date. He explained the City would need to get permission from all owners of property that the City would need to step on to take a look at the drain. He further explained that as a temporary matter, to clean out the line, the City would have to reach an agreement with the property owner(s) as to the cost and who will pay for it. Mr. Bisek stated the drain is on his neighbor's property. He also stated he did not want to fight with his neighbors on this issue. He then granted the City permission to access his property if need be. Mr. March noted the City had jetted out and televised some lines within the City and asked Mr. Palzer the approximate cost to jet and televise 150 feet of line. Mr. Palzer indicated that to televise would cost approximately $200 and to steam it would be between $150 and $200. He also noted if the pipe is broken he is unsure how much it would cost to fix it. Mr. Bisek noted that in years past, they would use whatever they needed to as a tool to free up the drain and get it flowing. However, the last couple oIyears they have not been able to free it up enough to drain properly. With the amount of snowfall this winter drainage will be a larger issue than it has been in years past. Mr. March asked if Mr. Bisek would discuss with his neighbors the possibility of the City charging them to clean or repair the drain. He also asked Mr. Bisek to discuss the option of petitioning the City to put in a larger line to correct the problem for the future. Mr. Bisek stated he would discuss splitting costs with his neighbors to eliminate the immediate problem. He then stated he feels there is some City responsibility to solve the problem for the future. Mayor Swedberg stated the drainage is a long standing issue that Council is unsure how to solve at this point. He asked Staff to research the matter and present possible solutions to the problem. He then told Mr. Bisek he may need to solve the problem on his own for this spring as the issue will take time to resolve. Mr. Bisek stated he could solve the problem by pumping water out of his lot into the street. That would then cause a drainage problem for someone else. He then stated that would not be a solution to the problem and he feels the City should help him solve the problem. Mayor Swedberg stated the City could not immediately solve the problem and stated Mr. Bisek could. Council Member Travis asked Mr. Bisek how he wished the City to solve the drainage problem. Page 8 of 15 March 14,2001 Council Meeting Minutes Mr. Bisek stated City Staff could jet the line from Progress Street and televise the pipe to look into what the problem is. City Attorney Hoeft stated the City does not have a practice of jetting private drainage lines and cautioned against doing so. Mr. Bisek asked Council what he should do to solve the drainage issue, noting he came to Council to make them aware of the problem and instead feels he is getting a line of legal mumbo jumbo. Mayor Swedberg stated Council was not prepared to solve a forty-year problem this evening and told Mr. Bisek Staff would research the matter and contact him. Council Member Nelson stated she would like to have a workshop to discuss City infrastructure issues to get a head ofthese types of issues for the future. Mr. Bisek noted all the drains from the downtown area drain into the lake and nobody at the City knows about it. Mr. March noted he understands why the City does not want to set a precedence for jetting private drainage lines, but questioned what type of liability or obligation the City has for drainage coming from City property. City Attorney Hoeft stated the City would not have responsibility for drainage coming from City property. He then stated the only thing that is known for certain is there is a private drainage system on private property that the property owner needs to deal with. 3. Fete des Lacs 2001 Budget Process Mr. Ray DeVine, Chairperson of the Fete des Lacs Committee, appeared before Council to ask if Council had any questions on the budget information he had provided in the Council packets. Mayor Swedberg asked for a one page summary sheet with a table comparing actual amount, budget amount, the difference between the budget and actual amounts, and a column for the 2001 budget amount. Mr. DeVine explained the Festival has up front expenditures that will need to be paid for by the City in an amount that is slightly greater than the monies that will be made during the Festival and refunded to the City. Council Member Nelson thanked Mr. DeVine for the detailed report but agreed the one page summary sheet would be helpful. Council Member Nelson noted there was not much record keeping last year and asked that there be better records kept this year. Mayor Swedberg noted he was not in favor of charging for parking at the Festival. Page 9 of 15 March 14,2001 Council Meeting Minutes Mr. DeVine explained the Festival Committee is considering charging for parking based on a recommendation from the Minnesota Recreation Association. Mr. DeVine told Council he would provide the requested summary page to Council at the next Council meeting. 4. Resolution #01-006 - Laurie LaMotte Memorial Park Improvements Grant Application Mr. March noted there was not a dollar amount in the resolution and indicated Staff intended to submit the playground equipment in an amount not to exceed $50,000 and a concession/shelter building. Council Member Nelson questioned whether the City's portion of the matching grant is included in the Parks and Recreation budget. Mr. March noted it has not been clearly stated where the matching funds would come from, stating if the grant is approved it would be before Council to discuss. Mayor Swedberg asked when the City would know if it received the grant. Mr. March stated it would be mid to late summer. Motion by Council Member Nelson. seconded by Council Member Capra to approve Resolution #01-006. Laurie LaMotte Memorial Park Improvements Grant Application. All in favor. Ave - 5 (Mavor Swedbere. Council Members Travis. Capra and Nelson) Nay - O. Motion carried unanimously. 5. Resolution #01-007 - Pheasant Marsh Mr. March explained Ground Development has requested the City finance its proposed development through the 429 Process, and this Resolution is a Resolution to declare the adequacy of the petition, and authorize the preparation of a feasibility study. City Attorney Hoeft noted he would be preparing a draft of the Developer's Agreement for review. Motion bv Council Member Capra. seconded by Council Member Travis to approve Resolution 01-007 as presented. All in favor. Ave - 5 (Mavor Swedbere. Council Members Travis. Capra and Nelson) Nav - O. Motion carried unanimouslv. 6. Residential Street Crack Filling Mr. Palzer explained he had received five (5) quotes for crack filling, noting the City is on a program where it requests quotes for a three (3) year period to hedge off costs in the future. The bids are based on 15,000 feet of crack filling. He then recommended Council accept the bid from Allied Blacktop Company for 39 cents per lineal foot, for the next three (3) years. . Page 10 of15 March 14,2001 Council Meeting Minutes Mayor Swedberg questioned how the blacktop companies could afford to keep the prices consistent for three (3) years based on the fluctuation in petroleum prices. Mr. March noted it is surprising they are able to quote a price for a three (3) year period but stated it appeared to be a good deal for the City. Motion by Council Member Nelson. seconded bv Council Member Travis to accept the bid of Allied Blacktop Company for years 2001-2003 for 15.000 feet of crack fillinl!: at 39 cents per lineal foot. All in favor. Motion carried unanimouslv. 7. Additional Office Upgrade (Storage/Packet Preparation Area - Unit). Mr. March noted Staff is in need of more storage and work surface for packet preparation. He then noted Staff is requesting approval to purchase off the rack residential cabinets with a countertop that public works will stain and varnish. Staff anticipates these cabinets should cost approximately $600. Motion bv Council Member Nelson. seconded by Council Member Capra to approve StaWs request for cabinets and countertops in an amount not to exceed $600. All in favor. Motion carried unanimously. 8. Authorization to Advertise for Full-Time Receptionist Mr. March stated he was pleased to report that Ms. Sweeney is picking up the bookkeeping quickly and he would like authorization to recruit for an entry-level receptionist. Mayor Swedberg noted that Council Member Broussard Vickers had voiced a concern that future City employees have more computer knowledge and then suggested this matter be tabled to the next meeting to allow for Council Member Broussard Vicker's input. Motion by Council Member Nelson. seconded bv Council Member Capra to table this matter to the next Council meetin\:. All in favor. Motion carried unanimously. Mr. March noted Staff might not be able to keep up with things the way they would like to because they are short staffed. He then noted there were some things that were not kept up with, the previous way the accounting was being done. 9. Flammable Waste Traps Mr. Palzer explained to Council that a flammable waste trap is a trap that catches salt, sand and flammables such as gas and oil, and only allows the water to flow into the City sewer. He explained the new public works building does not have a flammable waste trap and is not connected to City sewer. He recently was made aware that the waste from the public works building flows directly into the creek without being treated. He then explained it would cost approximately $35,000 to run City sewer and water and to add the flammable waste traps. Page 11 of 15 March 14,2001 Council Meeting Minutes Council Member Capra asked if the money could come out of sewer and water funds. Mr. March concurred. Mayor Swedberg asked if the previous owner had any liability to help pay to remedy the situation. City Attorney Hoeft stated he would need to investigate the issue but noted he felt it would be more cost beneficial for the City to fix the problem rather than to try to get the previous owner to share in the costs to do so. Council Member Nelson questioned whether a portion of the improvements could be made or whether the entire expenditure was necessary. Mr. Palzer noted the City would save $11,000 of the estimate ifit did not run City water to the site. City Attorney Hoeft stated the City needed to get the problem fixed sooner rather than later, noting if the City keeps moving forward toward resolution of the matter it should be fine. Council Member Travis suggested it may be possible to tie the public works facility into the upcoming Pheasant Marsh utilities. City Attorney Hoeft stated it would be fine to wait for two months to tie the project into the Pheasant Marsh project. Motion bv Council Member Travis. seconded bv Council Member Nelson to table this matter for more information. All in favor. Motion carried unanimously. 10. Parks and Recreation Recommendations Mr. March reviewed with Council a Memo from Jill Lien concerning Park and Recreation Recommendations. He further explained there were approximately ten (10) people at the public hearing on Laurie LaMotte Park and there was no opposition to lighting the fields. Council Member Capra asked what the price difference was between lighting one field versus lighting all three. Mr. March noted if the City intended to light the other fields in the future it would save money to install enough power now to the main hub to do so. Motion by Council Member Nelson. seconded by Council Member Capra to authorize a request for bids for runnin!! 600 amp electrical service at Laurie LaMotte Memorial Park. per the specifications provided bv the City Eneineer. All in favor. Motion carried unanimously. IX. CONSENT AGENDA 1. The City ofCenterviIIe March 1, through March 14,2001 Expenditures 2. Centennial Fire District Expenditures 3. Fete des Lacs Committee's recommendation for appointment of Ms. Patricia Scott Page 120f15 March 14,2001 Council Meeting Minutes 4. Successful completion of year 4 (Account ClerkJReceptionist, Jill Lien) Recommended Step Increase from Step 4 to Step 5 5. St. Genevieve's Temporary Gambling Permit Requests Mayor Swedberg requested the City Expenditures be pulled from the Consent Agenda for discussion. Motion bv Council Member Nelson. seconded by Council Member Capra to approve the Consent Al:enda for Items 2. 3. 4. and 5 as presented. All in favor. Motion carried unanimously. Mayor Swedberg noted the year to date figures do not add up on the City Expenditures information and asked that Mr. March review them. Motion bv Mayor Swedbere. seconded bv Council Member Nelson to approve Consent Al!enda Item 1. All in favor. Motion carried unanimously. X. COMMITTEE REPORTS None. XI. ADMINISTRATOR'S REPORT Mr. March gave several handouts to Council. He then noted he had become aware of an organization called the Minnesota Association of Government Communicators that sounded interesting so he gave information on the group to the Ad Hoc Committee for communications. Mr. March reported he has been gathering information for the Comprehensive Plan Amendment for Pheasant Marsh and has discovered the Comprehensive Plan is severely out of date. In light of that fact, he noted he had spoken to Mr. Johnson and was told it would not be very expensive to have all the changes done at the same time. Council Member Capra asked if a Surface Water Management Plan IS III the Comprehensive Plan. Mr. March went on to explain there are new requirements for the Comprehensive Plan and one of those is a Surface Water Management Plan. Mr. March reported it would be easier for City Staff if the City had access to the GIS system for mapping. He noted he had checked into it and the system can be obtained for $250.00 per year. He then noted the GIS system would be helpful in drafting the Comprehensive Plan Amendments as well as when noticing residents for Public Hearings. Mr. March suggested scheduling a work session to interview design firms sometime in April. Page 13 of 15 March 14,2001 Council Meeting Minutes Mayor Swedberg stated he would like the work session to be scheduled before the middle of April. Council Member Capra asked Staff to get a proposal from the firm that did a plan for the City of Vadnais Heights. Council Member Nelson stated she would like to get a bid from the fifth firm and narrow it down to three firms to interview. Mayor Swedberg stated he would like to hear from all five firms. Mr. March noted he had copied and handed out an article from the Hugonian and asked Council to read it as it seemed timely in light of recent events. Mayor Swedberg thanked Mr. Hoeft for the fine letter he recently provided to him. XII. ADJOURNMENT Motion bv Mavor Swedberl:. seconded bv Council Member Nelson to adjourn the March 14. 2001 City Council Meetine: at 9:38 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 14 of 15 .. . CITY OF CENTERVILLE CITY COUNCIL MEETING MARCH 28, 2001 6:30 p.m. March 28, 200 I Council Meeting Minutes Pursuant to due call and notice thereof, the City of Centerville held their regularly sch meeting on March 28,2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Marl Nelson Council Member Linda Broussard Vickers ABSENT: None. STAFF: City Administrator, Jim March City Engineer, Tom Peterson City Attorney, Jim Hoeft Public Works Director, Pial I. CALL TO ORDE ouncil meeting to order at 6:30 p.m. II. seconded b Council Member Broussard resented. All in favor. Motion carried II. I . 1 uechler, 1 6 Mound Trail, addressed Council requesting an overweight llo ing a c ane to be brought in to assist in building his home. Mr. Buechler fi It he deserved the permit due to construction delay. A recent complaint e placement of the home had been submitted to Council. Mr. Buechler stated d in front of the home would be repaired subsequent to the completion of his Mr. March explained that the road in front of Mr. Buechler's home is not a road, rather a sub-base for the road that Mr. Buechler intends on completing upon the placement of the Page 1 of 10 March 28, 2001 Council Meeting Minutes Mr. March stated that the road from Mound Trail to Main Street up to the first lot is in good condition and is not being replaced. Council Member Capra questioned whether Council could consider Mr. Buechler's request or if it needed to wait; noting that Council had decided to address received complaints at a subsequent meeting, allowing ample time to research same. Mr. Hoeft explained that due to the short time frame involved, Mr. Buechler desired to have a truck come in Friday of this week or Monday of next week, and it would be appropriate for Council to consider this issue this evening. Council Member Travis stated he did not feel it was a problem to issue the overweight permit for a one (1) trip, empty truck. Council Member Travis requested that Staff ensure that Mr. Buechler's letter of credit be in place for repairing the remaining portion of the road prior to granting the permit. Mr. Peterson stated that the tonnage of the truck that Mr. Buechler is requesting should not cause damage to the road. Mr. Palzer concurred. Mr. Buechler stated that he located the smallest crane feasible to do the work that is needed. Council Member Nelson stated she felt there would always be an exception to the rule; however, Council needed to stand firm on policy decisions made in the past. Council Member Nelson stated that if the entire road needed to be replaced, she would consider granting Mr. Buechler the overweight permit; however, a portion of the road is in good condition and she opposes granting the permit. Mr. Buechler stated that the crown of the road has good elevation and explained that a garbage truck is heavier than the truck he is requesting. He then stated the road currently is posted slightly higher than the weight of a pick up truck. Mayor Swedberg stated he felt the City Administrator and the City Engineer should determine whether or not to issue the overweight permit. Mr. March stated he has been adhering to procedure directed by the previous Council regarding spring road restrictions. Council Member Nelson stated she felt if Mr. Buechler was granted an overweight permit, exceptions would need to be made for everyone. Council Member Broussard Vickers stated that due to annual, seasonal differences, addressing overweight permits on an individual basis was appropriate action. Mr. Palzer stated that in his opinion, it would be acceptable to grant the overweight permit requested. Council Member Broussard Vickers stated she would not have a problem telling the next person they could not have a permit if the conditions involved did not warrant same. Council Member Broussard Vickers also stated that Mr. March should continue with the procedures directed by Council. Mr. Hoeft stated that handling overweight permits on a case-by-case basis was an appropriate procedure. Motion by Council Member Travis. seconded by Council Member Broussard Vickers to direct Staff to issue an overweil!ht vehicle oermit to Mr. Buechler. Ayes Page 2 of 10 March 28, 2001 Council Meeting Minutes - 4 (Mayor Swedber~. Council Members Broussard Vickers. Capra and Travis) Nays -1 (Nelson). Motion carried. Council Member Capra commented that consistency was important and questioned how many days Mr. Buechler needed the permit. Mr. Buechler stated he would have the truck come early in the morning and leave right away. V. CONSIDERATION OF MINUTES Council Member Nelson requested the following changes: On Page 4, second paragraph, last sentence change "would" to "may". On Page 5, first paragraph, first sentence change "borne" to "bore". On Page 12, second paragraph after Council Member Capra asks if the money could come out of the sewer and water funds add that Mr. March stated that it could. Motion by Council Member Capra. seconded by Council Member Nelson to approve the March 14. 2001 Council Minutes as amended. All in favor. Motion carried. Council Member Broussard Vickers abstained. VI. PETITIONS AND COMPLAINTS None. VII. UNFINISHED BUSINESS None. VIII. NEW BUSINESS 1. Communications Ad Hoc Committee Ms. Theresa Brenner, Chairperson, requested that Ms. Andrea Witzel be added to the list of residents that desired to be appointed to the Committee. Council Member Capra expressed concern with appointing Ms. Patricia Scott to the Committee as she is a subcontractor for the City and has a financial interest in the outcome of the Committee. Ms. Brenner stated she felt the Committee needed Ms. Scott's input due to her knowledge and expertise. Council Member Capra stated she thought it would be fine to interview Ms. Scott but did not feel Ms. Scott should be appointed to the Committee, as it is a conflict of interest. Council Member Broussard Vickers stated that Ms. Scott would be one (1) of six (6) individuals serving on the Committee and there are many individuals who do business in the City who are on Committees. Council Member Broussard Vickers stated she felt that volunteers are bound by their integrity not to be involved in a decision they would benefit financially from. Council Member Broussard Vickers stated that the Committee is an Page 3 of 10 March 28, 200 I Council Meeting Minutes advisory Committee that makes recommendations to Council, with Council making decisions. Council Member Travis stated he had no problem appointing Ms. Scott to the Committee. Council Member Capra stated she felt strongly that Ms. Scott should not be on the Committee. Mayor Swedberg concurred that Ms. Scott had a large amount of knowledge the City could benefit from; however, she also had financial and contractual interest. Mayor Swedberg also concurred with Council Member Capra regarding conflict of interest. Motion by Council Member Nelson. seconded bv Council Member Capra to appoint Ms. Theresa Brenner. Mr. Tom Fairbrother. Mr. Loren Abrahamson. Mr. Crail! Bode. and Ms. Andrea Witzel to the Communications Ad Hoc Committee. Council Member Travis questioned how Council Member Nelson could move to keep someone off the Committee after making a statement that she did not really know any of the people recommended. Council Member Broussard Vickers stated the Committee Chair had requested approval of the individuals on the list, noting that there are others who may also have a financial interest Council Member Broussard Vickers felt that Council should support the recommendation of Ms. Brenner and stated that she finds it incredible that Council Members have chosen to pick Ms. Scott as the one (1) to tighten up the rules on. Mayor Swedberg stated that the League of Minnesota Cities states that a person cannot make decisions if they have a contractual interest. Mr. Hoeft stated that the Committee is an advisory board and members of same are required to disclose any financial interest they may have, even though it technically is not a conflict of interest. Mayor Swedberg stated he believed Council, commission/committees are bound by the same rules. Mr. Hoeft explained that commission/committee volunteers are bound to disclosure financial interests and should abstain from discussion or voting on an item if they feel it is appropriate; however, they are not required to do so. Mr. Hoeft stated that if Council acted on an item forwarded from a commission/committee where an individual had not disclosed a financial interest and did not abstain from the voting process, that individual would be held responsible for their action. Council Member Nelson stated that after hearing the advice of Mr. Hoeft she perceives Ms. Scott to have a conflict of interest. All in favor. Aves - 4 (Mavor Swedbere. Council Members Capra. Nelson and Vickers) Navs -1 (Council Member Travis). Motion carried. Motion bv Council Member Broussard Vickers. seconded bv Council Member Travis to appoint Ms. Scott to the Communications Ad Hoc Committee. Aves - 2 Page 4 of 10 March 28, 2001 Council Meeting Minutes (Council Members Broussard Vickers and Travis) Nays - 3 (Mayor Swedbere:. Council Members Nelson and Capra). Motion failed. Ms. Brenner requested that Council permit tape recording of the Committee's meetings to allow for transcription at a later date. Mr. March concurred. Ms. Brenner stated that an item of discussion for the Committee's first meeting was a survey and questioned whether the Council had plans for same. Council Member Capra stated the Economic Development Committee had discussed doing a survey with local businesses. Mayor Swedberg stated that if Council adopted the National League of Cities Index, there are survey methods that could be used utilized. Council Member Broussard Vickers stated it would be fine for the Committee to put together the majority of the survey with input from commission/committees if desired. 2. Authorization to Advertise for Full-Time Receptionist Mr. March requested that this item be tabled allowing additional time to ascertain the appropriate level of Staffing needed. Mr. March stated that he is researching the availability of interns for the summer months for code enforcement and other issues that may affect Staffing needs. Motion by Council Member Nelson. seconded by Council Member Capra to remove this item from the aeenda. All in favor. Motion carried unanimously. Council Member Nelson questioned the speed of the LaserFiche software when Mr. March was reviewing same. Mr. March stated that he had arranged for a LaserFische representative to review the City's computers and files on April 5, 2001. It was anticipated that this information would provide enough resources to allow a proposal to be submitted by Crabtree Companies, Inc. Mr. March stated that the system appeared to be fast. 3. Fete des Lacs 2001 Budget Mr. Ray DeVine, Chairperson, appeared before Council to ascertain whether Council had any questions on the budget information submitted in the packet. Mayor Swedberg stated that the Fete des Lacs - City Celebration was important to the City as it shows City pride and features the best of what CentervilIe has to offer. Mayor Swedberg also stated that contained in his goals presented to Council, a revolving fund or special fund containing $35,000 for expenditures associated with the Celebration. Mayor Swedberg stated that monies would be replenished from revenue earned from the Celebration. Mayor Swedberg requested that Mr. March assist in financial accountability for the committee. Page 5 of 10 March 28, 2001 Council Meeting Minutes Mr. DeVine stated that information provided form the 2001 Celebration would assist those who plan for the 2002 Celebration. Mr. March stated that the Funds that the Mayor had referred to would be an account accessible by Staff to advance funds, up to $35,000, as needed. Funds would not be dedicated to a Celebration account. Mr. March announced that a carnival had been retained for the Fete des Lacs - City Celebration. Mr. DeVine thanked Mr. March for his efforts in arranging a carnival and stated that the addition would make a large contribution to the Celebration. Motion by Council Member Broussard Vickers. seconded by Council Member Travis to establish a City Celebration fund. to be named by the City Administrator. which authorizes Staff to advance UP to $35.000 for the Fete des Lacs City Celebration. All in favor. Motion carried unanimously. Mr. DeVine explained he had received an invitation to attend a meeting for cities/events that are hosting a regional or state softball tournament. Council Member Nelson questioned whether the Fete des Lacs Committee was subject to the open meeting laws. Mr. Hoeft stated that the formal meeting is open to the public and suggested that there not be a quorum of members present for subcommittee meetings. Mr. DeVine indicated that the Committee has limited the subcommittees to two (2) formal members of the larger Committee and is using outside residents to make up the rest of the subcommittee. 4. Anoka County Agreement for Residential Recvcling Program Motion bv Council Member Nelson. seconded bv Council Member Broussard Vickers to authorize the acceptance of the Anoka County Aereement for Residential Recycline: Proe:ram. All in favor. Motion carried unanimously. 5. Sprinl! Lake Park Lion's Charitable Gambling Premise Permit Renewal Mr. March stated that the Spring Lake Park Lion's have requested renewal of their gambling premise permit to operate at Kelly's Komer. Mr. March explained the City of Centerville receives part of the proceeds and those proceeds are being placed into a fund to be used for either an entrance monument sign or possibly a park shelter building. Motion bv Council Member Broussard Vickers. seconded by Council Member Nelson to approve the renewal of the charitable eamblinl: oermit for the Sprine: Lake Park Lion's at Kelly's Korner. All in favor. Motion carried unanimously. Page 6 of 10 March 28, 2001 Council Meeting Minutes 6. Laurie LaMotte Memorial Park Grant Mr. March stated that Staff would be assembling the final grant application package the following day for submission. Council recessed at 7:40 p.m. Council reconvened at 7:45 p.m. 7. Turcotte Purchase Agreement Mr. Hoeft stated that the only modifications contained in the draft Purchase Agreement was not limit the purchase agreement to a specific time frame as had been done previously. The price remains at $139,000. Council Member Capra questioned whether Mrs. Turcotte desired to live there until she found another place to live. Mr. March stated Mrs. Turcotte had indicated she would be accepted into the facility she desires to enter at any time. Mr. March stated that he had mentioned to her, that at some point in time, the City would want a specific date when she would be moving out and she seemed to understand. Mayor Swedberg requested that Mr. March give some background on the Turcotte property. Mr. March explained that the Turcotte property is located at 7073 Centerville Road and is a duplex that has had numerous structural additions. Mr. March stated that the property abuts the old Public Works site and acquiring same would be an asset for downtown revitalization of the entire block. Mr. Hoeft requested that Council direct Staff to enter into negotiations with Mrs. Turcotte. Mr. Hoeft stated that subsequent to an agreed upon sale price, Staff would forward the agreement to Council for approval. Council Member Nelson requested that a typographical error in the purchase agreement be corrected. Council Member Nelson questioned the use of the $139,000 purchase price when the home and property were appraised at $138,000. Mr. March stated that Mrs. Turcotte expressed desire to sell the property for $139,000. Mr. DeVine questioned whether a public hearing was required to purchase the property. Mr. Hoeft stated that Council would not; however the Economic Development Authority (EDA) would need to. Consensus was to direct Staff to enter into negotiations to purchase the Turcotte property. 8. Council Communication Council Member Capra stated that she discovered that a letter from Mr. March to Mr. Buechler had indicated it was copied to Council but that she had not received it. Council Page 7 of 10 March 28, 2001 Council Meeting Minutes Member Capra requested that Council receive copies when referenced accordingly in Correspondence. Council Member Capra requested that this practice be ensured in the future. Mr. March apologized for the oversight. 9. Committee Stipends Council Member Capra stated that she felt the stipend dollar amount for commission/committee members needed to be increased to cover babysitter fees if needed. Council Member Broussard Vickers questioned the amount of commission/committee members serving. Council Member Nelson stated that increasing stipends from $10 per meeting to $20 per meeting would increase expenditures from $3,360 to $6,720 per year. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to increase Committee Member Stipends to $20 per month. AU in favor. Motion carried unanimously. 10. Draft Goal Directives Proposal Mayor Swedberg stated that Council had been going through a process of setting goals for a two-year period. Mayor Swedberg requested that Council adopt the Civic Index from the National Civic League as a tool to guide civic infrastructure. Motion by Mayor Swedberl:. seconded by Council Member Nelson to adopt the Civil Index from the National Civic Leal:ue. Council Member Broussard Vickers questioned why Mayor Swedberg felt the City needed to adopt the Civic Index formally. Mayor Swedberg stated he wanted to be formal, as he feels the index contains ideas that are important for the City to follow. Council Member Nelson stated she would like to see a poster with the ten items listed. All in favor: Ayes - 4 (Mayor Swedbere. Council Members Capra. Nelson and Travis) Nays -1 (Broussard Vickers). Motion carried. Mayor Swedberg noted he had scheduled an open house at City Hall on April 7, 2001 at 7:00 p.m. and April 10, 2001 at 7:00 p.m. to discuss the goals of the City. Council Member Capra requested that Mr. March have the goals placed on the website. Mr. March requested that the Mayor share his expectations of the open house with Council. Mayor Swedberg stated he would be present and invited any other members of Council to be present as well. Council Member Capra stated it may be easier for residents to attend a Saturday morning meeting. Page 8 of 10 March 28, 2001 Council Meeting Minutes Consensus was to modify the meeting of April 7, 2001 to 10:00 a.m. and to modify the meeting of April 10, 200 I to 6:30 p.m. Mayor Swedberg reviewed the submitted draft goals and requested input from Council. Council Member Broussard Vickers stated she would be more comfortable if dollar amounts were removed from the document before the document was made available to the public. Mayor Swedberg indicated the document would be edited as requested and presented to the public at the open houses. Council Member Nelson thanked Mayor Swedberg for his efforts to draft the document. IX. CONSENT AGENDA 1. The City ofCenterville March 15, through March 28, 2001 Expenditures 2. Centennial Fire District Expenditures 3. Planning and Zoning Commission's Recommendation to Appoint Linda Broussard Vickers as Council Liaison 4. LeJournal (Proof) Motion bv Council Member Broussard Vickers. seconded by Council Member Nelson to approve the Consent A!!:enda as presented. All in favor. Motion carried unanimously. X. COMMITTEE REPORTS Mayor Swedberg noted he had read through the minutes from the Planning and Zoning Commission's discussion concerning mini-storage facilities. He noted the Planning and Zoning Commission had held a thorough discussion and thanked them for their consistency in following Ordinance #4. Xl. ADMINISTRATOR'S REPORT Mr. March requested that Council set a work session date to interview design firms. Consensus was to schedule a work session for April 17, 200 I. Mayor Swedberg requested Council schedule a work session to discuss budgets and economics for Tuesday April 24, 2001. Mayor Swedberg requested that Mr. March attend same. Mr. March reported he had spoken to Mr. Bisek, Kelly's Korner, who indicated the water is not pooling in his parking lot as it has in the past. Mr. March then recommended Council consider the drainage issue as part ofthe downtown redevelopment project. Page 9 of 10 March 28, 2001 Council Meeting Minutes Mr. March presented a letter from Mr. Wilharber regarding outstanding customer service that he had received from Waste Management. Mayor Swedberg asked Mr. March to forward the letter to Waste Management. Mr. March presented modifications for the Comprehensive Plan and requested that Council review same and provide comments. XII. ADJOURNMENT Motion bv Broussard Vickers. seconded bv Council Member Nelson to adiourn the March 28. 2001 City Council Meeting: at 9:00 p.m. AU in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. _ProoJd by: '). d'~ c-=)~ )C.k~~ Teresa Bender, Clerk/Treasurer Page 10 of! 0 . :(-- . CITY OF CENTERVlLLE CITY COUNCIL MEETING APRIL 11, 2001 6:30 p.m. Pursuant to due call and notice thereo~ the City of Centerville held their regularly meeting on April 11, 2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Marl Nelson Council Member Linda Broussard Vickers ABSENT: None. STAFF: City Administrator, Jim Marc City Engineer, Tom Peter City Attorney, Jim Hoeft I. II. t the City ofCenterville Expenditures be removed sted that Ms. Diane Mester, 6961 Dupre Road, be added laiDts. 1 Mr. March report on the tornado warning sirens in the ction of the meeting. 1. Anoka County Board of Review Mayor Swedberg opened the public hearing at 6:35 p.rn. . April!!, 200! Council Meeting Minutes Mayor Swedberg noted that Ms. Sue Reinhart and Mr. Jason Dagostino, Anoka County, were present to hear resident concerns regarding property valuation. Mr. Dagostino requested that residents come to the rear of the room and they would review their information on an individual basis. Mr. Dagostino explainded that if the County had not recently visually inspected the property, he would need to schedule an appointment to do so. Mr. Dagostino referred to the hand out submitted to Council indicating the increase in taxable values of 8.3%. Mr. Dagostino stated that at this evenings meeting, the County would be reviewing assessment values not taxes. Mr. March explained that in the past, Council has accepted the findings of the Board of Review rather than get involved in the procedure. He then noted there is a process that allows a resident to appeal the decision of the Board of Review if they are not happy with their findings. Mr. Dagostino stated it was Council's discretion if they desired to leave the hearing open and remain involved in the process or accept the recommendation of the Board of Review and allow residents to appeal. However, the hearing must close within ten (10) business days from this meeting. Ms. Reinhart requested a copy of the letter received from Ms. Roberta Wirth. Mr. March presented same. IV. APPEARANCES/AWARDS None. V. CONSIDERATION OF MINUTES Council Member Capra requested the following modifications: Page 4, the reference to Council Member Capra should be changed to Council Member Nelson was asked by Council Member Travis. Page 4, change the vote on the motion from three to four. Page 8 clarifY that the City increased the stipends from $10 to $20 per month making the new total amount the City will pay for stipends $6,720. Council Member Nelson requested the following modification: Page 7, delete the word "the", Council Member Broussard Vickers requested the following modifications: Page 3, under Consideration of Minutes reflect that she abstained from voting, as she was not present at the meeting. Motion bv Council Member Broussard Vickers. seconded by Council Member Nelson to approve the March 28. 2001 Council Minutes as amended. All in favor. Motion carried unanimously. Page 2 ofl4 April 11, 2001 Council Meeting Minutes VI. PETITIONS AND COMPLAINTS 1. Ms. Diane Mester, 6961 Dupre Road Ms. Mester provided a hand out to Council that was a request to flatten the curb at the townhouse she is moving into in Eagle Pass to allow access for her son's wheelchair. Mr. March indicated Public Works had ground down another curb in the area and added asphalt to make it easier to pass. Motion by Council Member Travis. seconded by Council Member Nelson. to table this matter to aUow Public Works to research and determine if the curb can be 2round down to make it accessible. All in favor. Motion carried unanimously. 2. Mr. Terry Sweeney (Questions - Mayor Swedberg's Goals) Mr. Terry Sweeney addressed Council concerning the e-mail he received with the Mayor's list of goals attached. Mr. Sweeney noted the copy of the document he received had the dollar amounts listed and the price for some of the items concerned him. Mr. Sweeney stated that he felt the dollar amounts suggested to go toward recreation programs could be better spent in the parks rather than with program duplication. He also noted he felt lighting the park to allow for adult softball games would bring money into the City. Mr. Sweeney noted he felt it was good to have an overall idea concerning trail development within the City. Mr. Sweeney stated that in his opinion, things will change based on how the City develops and he is concerned for setting a specific plan for the trails. Mr. Sweeney stated he felt the committees should bring their goals to Council and have Council take it from that point. He also stated he felt committees should be making recommendations to Council and that there is a need for Council Liaisons on committees/commissions. Mayor Swedberg told Mr. Sweeney he was correct with his concerns and thanked him for bringing them up. He then noted there was good public input at the open houses concerning the goals list and that it was not a finished document. He then stated some of the concerns could be based on how the document was written and he apologized for his writing style. Mr. Sweeney stated he was concerned for the number of work sessions Council has scheduled. He pointed out the raise for Council Members was approved based on the fact that Council Members were actively involved in other committees/commissions within the City by acting as liaisons. He stated he was upset when the current Council decided not to have liaisons. He then stated he felt that in order for Council to have a good grasp Page 3 of 14 Aprilll, 200 I Council Meeting Minutes of what goes on in the City that Council needed to go to the conunittee/commission meetings. He further stated that it helps the conunittees to have a member of Council in attendance. Mr. Sweeney stated he was concerned that the document was sent out by the Mayor as being endorsed and approved by Council when it does not appear that the entire Council completely supports the document. Council Member Capra stated Council held workshops to discuss goal setting. She also stated that Council went to all committees/commissions as a whole, in February to see what they needed for the year. She further stated that, from her perspective, Mayor Swedberg had gathered all the information received and put it into a document for review. Mr. Sweeney stated it was nice to get the information, but said he feels it was a bit premature because it created a large amount of controversy and discussion. He further stated the document might have been better received if there had been a complete consensus of Council prior to submission. Mayor Swedberg stated that Council continues to gather information and explained that the document is a work in progress. Mr. Sweeney stated he understood the Mayor's position, but stated that the document seemed to be a final document containing the goals for the City. Mayor Swedberg explained the document was written in a very active voice and his writing style may be the cause of some of the confusion. Mr. Sweeney noted he is aware of the budget surplus in the City and asked Council to consider dredging the pond behind Brian Drive to improve drainage. Mr. Sweeney requested that Council research the removal of the barrier near Acorn Park as there are also water concerns in that area. Council Member Capra requested that Mr. March to have Staff look into the Acorn Park issue. Council Member Travis stated he believed the frost heaved the barrier out and the area started to flood so the barrier was pulled out. Mr. Sweeney stated he felt the City newsletter should remain as an independent operation because he feels it has less of a bias if the newsletter is not run by the City or Council. Mayor Swedberg questioned Mr. Sweeney as to his opinion regarding the frequency of the newsletter and its format for delivery to residents. Page 4 of14 April 11, 2001 CoWlCil Meeting Minutes Mr. Sweeney did not comment on how often the newsletter should be mailed but reiterated he would like to see it independently run. Council Member Nelson commented that when the newsletter first started it was reviewed at the Council level and Staffwas drafting it. Council Member Capra asked Mr. March to forward Mr. Sweeney's comments concerning the newsletter to the Communications Ad Hoc Committee. Mayor Swedberg stated that his capacity regarding the newsletter has been acting as a copy editor. Council Member Capra stated she feels that if the newsletter comes from the City that Council has a responsibility to review same prior to printing because Council is responsible for the content. Mr. DeVine questioned whether the newsletter is paid for by advertising. Council Member Nelson stated that the advertising does not pay for the entire newsletter. Mr. March concurred. Council Member Broussard Vickers commented that when Council decided to have a newsletter, it was hoped that it would become close to self-sufficient over time. Mr. Sweeney stated he felt Council should have input, but not complete control of the content of the newsletter. Mr. March stated he felt that the City pays for the newsletter and should be able to use it as an avenue to get accurate information to the residents. He then noted that there are two newspapers covering the City and its Council meetings that should provide ample independent reporting. Mr. March suggested that an editorial page be added to the newsletter for resident comments and concerns. Council Member Nelson stated she felt that one (1) of the reasons for putting more money into the newsletter was to have an avenue where Council could give information to residents. Motion bv Council Member Broussard Vickers. seconded bv Council Member Nelson to close the Board of Review DubUc hearinll. All in favor. Motion carried unanimouslv. Mr. Dagostino noted that Mr. Barrett had contacted him early in the afternoon and did not leave a telephone number to be called back. He stated that if he had left a number he would not have had to come to the meeting. .. Mr. Dagostino noted Mr. Barett's property needs to be reviewed and an appointment was arranged for Friday, April 13, 2001. Mr. Dagostino stated that it appeared that Mr. Page 5 of14 Aprilll,2001 Council Meeting Minutes Barett's property may be overvalued. Mr. Barett's property is located at 6953 Centerville Road. Mr. Dagostino noted that Mr. Buckbee was at the meeting to discuss a 2001 tax issue, which had been previously discussed on the telephone. Mr. Buckbee was told there was nothing that could be done at this time and that an abatement for the assessment in the year 2000 is being worked on. Mr. Buckbee's property is located at 7381 Peltier Circle. Mr. Dagostino noted he had spoken with Ms. Roberta Wirth on March 23 and the letter provided to him stated everything she stated in the telephone conversation he had with her. He explained he went through the options available to her and noted that her home has not ever been seen by the Assessor. He stated he had offered to arrange an appointment, however, was declined. He also stated that, in his opinion, Ms. Wirth's property may be undervalued not overvalued. He further explained that Minnesota Statute Section 274.01 states that the Board of Review, if denied entry, cannot make a change in valuation. Mr. March stated that as there were a small number of people interested in having their properties reviewed, but he did not see the need to keep the meeting open. Mayor Swedberg thanked the Board of Review for attending the meeting to gain resident input and address their concerns. 2. Mr. Wayne LeBlanc, Lighting - Hunter's Crossing Motion bv Council Member Broussard Vickers. seconded bv Council Member Nelson to refer Mr. LeBlanc's reQuest to the Plannin!! and Zonin!! Commission for consideration. All in favor. Motion carried unanimouslv. 3. Mr. Bert Casper, Additional Lighting in Eagle Pass Mr. March told Council the developer had dropped off the preliminary plat and stated he thought the City could get additional lighting in the two areas of concern while the lights for the new development are going in. He then noted Council needed to decide if the City would pay for the lights or if residents needed to petition for the lights. Council Member Broussard Vickers stated she had driven through the development in the evening and did not feel it was any more or less lit than other neighborhoods but stated if residents feel they need more lighting that Public Works should investigate in terms of placement and costs. She then stated she felt additional lighting would be an assessment to homeowners who benefit otherwise the City will have to put lights everywhere and the City cannot do that. Council Member Capra stated she drives that street quite a lot from Meadow Lane to the park and it is darker than other areas. She then noted that if the expansion goes through it should light up the area and recommended reviewing the lighting at that time. Page 6 of 14 April 11, 2001 Council Meeting Minutes Mayor Swedberg stated it seemed like the City puts lights at the end of cul de sacs and at intersections. He then asked if there were City specifications for lighting. Mr. March noted the City does not have any language in the Code governing the specific level of lighting required. Council Member Capra asked Mr. March to e-mail Mr. Casper to let him know that Council will review the matter when development occurs but be sure not to indicate that the City would pay for the lighting. Council Member Broussard Vickers asked that Staff also let Mr. Casper know there is a process to petition Council for more lighting and explain that process to him. Mayor Swedberg noted that Mr. Jewell had asked the differences between a public versus a private street. He had also asked how to make a private street public. Mayor Swedberg asked Mr. March to provide the answer to Mr. Jewell. VII. UNFINISHED BUSINESS None. VIII. NEW BUSINESS 1. Draft GoalslTrailways Discussion Motion bv Mavor Swedben!. seconded by Council Member Nelson to table the draft 2oals/trailways discussion. AU in favor. Motion carried unanimously. Council Member Broussard Vickers questioned why this item keeps coming back to Council. Mayor Swedberg stated the residents were interested in pedestrian access. Mr. March stated he has asked the Parks and Recreation Committee to review any items that pertain to the Comprehensive Plan so that those changes can be submitted with all the other changes to the Comprehensive Plan. 2. Ordinance #39 (SignalZe) Motion by Council Member Nelson. second bv Council Member Capra. to waive the readinu: and approve Ordinance #39 (Siu:nau:e) as presented. All in favor. Motion carried unanimously. 3. Monument Sign Design (Shea's Proposal) Page 7 of 14 April II, 2001 Council Meeting Minutes Mr. March passed around a colored version of the design for the sign. He noted there were two (2) separate proposals in the packets. The first is from Shea Architects to develop and present three (3) options for the sign, develop pricing documents to get quotes, and then review shop drawings, review construction, and installation. They are also asking for reimbursable expenses of$200. Mayor Swedberg asked where the money would come from Mr. March noted it had been discussed that the money would come out of the charitable account. Mr. March noted he was not impressed with the design sketch provided by Color Sign Systems. He then noted County Bank needed to know the location for the sign in order to have the electrical roughed in for it. Council Member Nelson stated she would like to get some other quotes, as this quote is quite high. Council Member Broussard Vickers stated she did not want to pay for someone to design a sign. She then stated that if the City has a rough picture of what it would like the City could give the design to the manufacturers and have them give prices. Council Member Capra stated she wanted to see the sign done and wanted to work with County Bank to run the power. She then stated she felt she could get ideas from volunteers and would work with Mr. March for design concepts, as she does not want to pay money to design the sign. Mr. Bode, from County Bank, indicated the exact location did not need to be determined this evening, as he will have an extra fifteen (15) feet of wire run. Motion by Council Member Broussard Vickers. seconded bv Council Member Nelson. to table this matter while Council Member Capra and Mr. March investi2ate desi2ns for the si2n. All in favor. Motion carried unanimouslv. 4. County Bank (Request) Mr. Craig Bode, County Bank, requested that Council consider splitting the cost of running the water main to the bank building. Mr. Peterson explained that the pipe was originally part of the Hunter's Crossing development and was added as an alternate at the time. He noted he received quotes to do the work but the City elected not to install same. He stated he got a call from Mr. Rehbein about the water main. sent him the same map, and it was put in according to the Hunter's Crossing pIan. Mr. Peterson then explained that a six (6) inch pipe is the smallest pipe used and anything larger than the six (6) inches is considered a trunk main. He further explained the pipe could be used for looping in another development if the City desired. Page 8 of14 April 11, 2001 Council Meeting Minutes Mr. March stated he had spoken to Mr. Milo Bennett, Centennial Fire Chief, who had explained the issue was that there was no road built to the hydrant on the other side of the building so the Fire Department would not have proper access to same. Mr. March also noted he was unaware that the pipe was a six (6) inch water main. Mr. March noted that, if the pipe were oversized or extra deep, that would be a typical City cost and he is not sure how this line would service development to the north. Mr. Peterson noted the City would connect to the water pipe at some point as it is in the right-of-way for 21st Avenue. If 21st Avenue is extended straight north, the hydrant would be removed and the City would connect to the pipe and continue the main. Council Member Capra stated she had spoken with Mr. Bennett and he had indicated the hydrant is a standard request and not out of the ordinary. Council Member Broussard Vickers questioned why the City decided not to install the pipe at the same time as Hunter's Crossing. Council Member Travis asked if this was a development cost or a City infrastructure cost. Mr. Peterson indicated it was both. Mr. March indicated if the pipe were a larger trunk it would have been a City cost. He also stated that, if the City can use the pipe to loop in future development, there might be a dollar amount for the City to contribute. Mr. Bode questioned why the hydrant and water main were not discussed at the site plan review level. Mr. March indicated he was told by Mr. Bennett the water main and hydrant were on the plan originally. Council Member Broussard Vickers stated she would like the minutes reviewed to determine why the City decided not to have the pipe installed at the same time as the Hunter's Crossing development. Motion by Council Member Capra. seconded by Council Member Nelson to table this matter for more research. to direct Staff to review the minutes to determine why the City decided not to install this pipe as part of the Hunter's Crossinll development. and to review the site plans for County Bank to determine if the water main and hydrant were included in the orillinal plans. All in favor. Motion carried unanimously. Mr. Bode questioned whether there were plans to continue 21st Avenue to the north. Mr. March indicated there currently was no plan to do so. Council Member Travis asked how much Mr. Bode was asking the City to pay. Mr. Bode indicated he would like the water main paid for by the City. He then noted the Bank should be assessed for the value of having water run to its property. Page 9 of14 April 11, 2001 Council Meeting Minutes 5. Cable Franchise Update Mr. March reported he and Council Member Capra had attended a joint meeting to find out the status of franchise negotiations and found out that AT&T Broadband has halted all negotiations. He noted the attorneys that serve the seven-city Cable Commission were dealing with AT&T Broadband and two other companies, Everest and Wide Open West who had expressed an interest in overbuilding the area. Both of those companies have backed off and the Cable Commission has no choice but to deal with AT&T Broadband. He noted one of the sticking points goes back to a memorandum of understanding from 1996 regarding PEG fees. Council Member Capra commented that whatever is agreed to is a 15 year commitment for the City. Mr. March explained the Cable Commission has been in an informal review and now wants to go to the formal process that could be very expensive. The Cable Commission would need to prove that AT&T Broadband has not been responsive and has not met the needs for service in all areas of the communities involved. The Cable Commission voted unanimously to present a resolution to the cities for approval. Council Member Capra noted she would like it reviewed and voted on at the next Council meeting to bring it back to the board the first Wednesday in May. Mr. March explained the Cable Commission is investigating having the cities take over the cable system. Council Member Broussard Vickers asked how the Cable Commission could force AT&T Broadband to accept the terms the Cable Commission wants. Mayor Swedberg explained that this is a federal FCC process that is an umbrella over all of the cable operations. Mr. Sweeney noted the way he understands it is that cable is something that has to be provided and AT&T Broadband cannot just pullout and not provide cable. Council Member Broussard Vickers asked who benefits by extending the franchise. Mr. Sweeney stated he did not feel anyone benefited as there are advertisements for Broadband but it is not really available to Centerville or Lino Lakes. He then noted the Commission wants Broadband accelerated into all areas that are being served as part of the franchise agreement. Mr. Sweeney noted another issue is internet access as the Cable Commission wants PEG fees from internet access and AT&T Broadband disagrees. Council Member Broussard Vickers questioned if going through the formal process and spending extra money would bring this to a conclusion. Page 10 of14 Aprilll,2001 Council Meeting Minutes Council Member Capra stated that AT&T Broadband currently is not fulfilling its agreements under current franchises with other cities. As such. Commissioners are eager to go to the formal process. Council Member Broussard Vickers asked where the money would come from to fund the formal process. Mr. March indicated there is $75,000 in reserve and that anywhere along the way the Cable Commission can opt to stop funding the process. Mr. March indicated the cable fund may be depleted but explained that the fund is continually added to. Mayor Swedberg asked if the Commission or the City had any leverage. City Attorney Hoeft stated the only leverage for either side knows how much you want to put the other side through the process. Council Member Broussard Vickers asked if there is any kind of negative publicity that would reflect on AT&T Broadband in this situation. Mr. March noted AT&T Broadband is telling customers that the cities are holding up the franchise so they cannot offer customers Broadband. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to waive the readine: and approve Resolution 01-010 as presented. AU in favor. Motion carried unanimously. Council recessed at 8:28 p.m Council Member Travis left the meeting at 8:28 p.m Council reconvened at 8:35 p.m 6. Parks and Recreation Recommendations Council Member Capra noted she had spoken with Ms. Lien regarding the dollar amounts and sees no problem approving the recommendation. Motion by Council Member Capra, seconded by Mayor Swedbere: to approve Parks and Recreation Recommendations and to approve an amount not to exceed $800 for proe:rams at the Ware:o Nature Center and an amount not to exceed $500 for advertisine: those proe:rams. All in favor. Motion carried unanimouslv. Mayor Swedberg asked if anyone was interested in serving as the liaison to the Parks and Recreation Committee. Council Member Nelson stated she did not feel it was appropriate for a Council Member to have an influence at the committee meetings. Council Member Capra stated that Wednesday nights do not work for her. Council Member Broussard Vickers volunteered to be the liaison. Page 11 of 14 . April 11, 2001 Council Meeting Minutes It was the consent of Council to appoint Council Member Broussard Vickers as the Parks and Recreation Council Liaison. 7. Community Gardens Mr. March noted this item was in packets for informational purposes. Mr. March further noted there were rumors flying around town about the expense for the garden but stated he felt the community gardens could be self-sufficient or actually make money in the future. Council Member Capra asked how much would be charged for a plot. Mr. March indicated a 15x40 plot would cost $35 for the growing season. Mayor Swedberg stated he thought Public Works could dig up plots so the cost estimate surprised him. Council Member Broussard Vickers asked that an article be put in the newsletter to determine the interest level and recommended that the gardens start small and grow as interest grows. Mr. Sweeney noted that putting the garden behind City Hall may be a problem as there may not be parking for firefighters when responding to a call. Mr. March noted there should not be a traffic jam as those interested in gardens have varied schedules and he did not expect all gardeners to be there at the same time. Council Member Capra asked to have a statement concerning the gardens put on the cable channel and investigate putting plots at Chauncey Barrett Gardens. Council Member Capra asked Mr. March to research with the County whether the County property could be used for a garden. 8. Resolution #01-008 (Abatement Parkview Assessment) 9. Resolution #01-009 (Abatement Hunter's Crossirn! and Re-Allocation Assessment) Motion bv Council Member Nelson. seconded bv Council Member Broussard Vickers to waive the readiR!! and approve Resolutions 01-008 and 01-009 as presented. All in favor. Motion carried unanimously. IX. CONSENT AGENDA 1. The City of Centerville March 29, through April 11 , 2001 Expenditures 2. Centennial Fire District Expenditures Page 12 of14 . Aprilll,2001 Council Meeting Minutes 3. Pay Estimate #4 (Northdale Construction - Hunter's Crossing) 4. Water Testing MCES Lift Station #4 (Stork Twin City Testing Corp.) Motion bv Council Member Capra. seconded bv Council Member Nelson to approve Consent Aeenda Items 2. 3. and 4 as presented. All in favor. Motion carried unanimously. Council Member Nelson noted she had a question with the financial statement and had asked for clarification from Staff. Motion by Council Member Nelson. seconded by Council Member Capra to approve the City of Ceoterville March 29. 2001 throueh April 11. 2001 expenditures. All in favor. Motion carried unanimously. X. COMMITTEE REPORTS Council Member Capra reported the Life Time Achievement Committee is forming again and she made a nomination so she will not be chairing the committee. She noted Paul Montain would be the chair. Council Member Capra noted Mr. Wilharber and Mrs. Sharon Smith (in memory of) have been nominated to receive the award. Council Member Capra noted she had asked Council Member Nelson to serve on the committee as Council Members Broussard Vickers and Travis have made recommendations to the committee. Council Member Broussard Vickers reported she was not able to attend the last Planning and Zoning Commission meeting. Mayor Swedberg noted he attend the Police Commission meeting where he received statistics that indicated crime is 35% lower than this time last year. XI. ADMINISTRATOR'S REPORT Mr. March reported the tornado siren did not go off during the test last week. He indicated there have been problems with the siren and the City replaced a decoder board last year. This time a technician came out and a bad switch was repaired to make the siren operational. Mr. Sweeney stated that at one time, Council discussed adding another siren in town. Mr. March stated he had asked Mr. Palzer to set up a meeting with the Fire Chief to discuss placing a siren on top of the fire department that would be connected to the generator so that, in the event of a power outage, the siren would still function. He also noted that a siren on top of the building might carry farther and alert more residents. Mayor Swedberg asked if the City had considered battery back ups for the system. Mr. March explained the need to replace the batteries and cost effectiveness of same. Page 13 of 14 , . April II, 2001 Council Meeting Minutes Council directed Staff to gather more information and report back to Council at the next meeting. Mayor Swedberg expressed concern that the sirens may go off in Hugo but as Hugo is in a different county the sirens would not go off in Centerville. Mr. Sweeney explained that the National Weather Service dictates when the sirens go off. He then noted fire department firefighters are automatically paged when the sirens go off but the protocol is not to report to the station unless there is a disaster and the tones are sounded. Mayor Swedberg noted Anoka County is in need of updating the communication radio system for police and fire. Mr. Sweeney noted there are times when firefighters at the end of town do not receive their page. Mr. March reported he had spoken to Mrs. Turcotte who told him she had turned the purchase agreement over to her attorney and her attorney will call Mr. Hoeft to discuss same. Mr. March reported Council has set an interview date of April I?, 2001 to interview the four (4) design consuhants. XU. ADJOURNMENT Motion by Council Member Capra, seconded by Council Member Nelson to adiourn the April 11. 2001 City Council Meetinl! at 9:10 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Proofed by: c---y/~~ Teresa Bender, Clerkffreasurer Page 14 of 14 ~~ . CITY OF CENTERVILLE CITY COUNCIL MEETING APRIL 25, 2001 6:30 p.m. E-Mailed 10 Council on 5/3/0 I at 11:34 a.m. April 25, 2001 Council Minutes Pursuant to due call and notice thereof, the City of Centerville held their regularly sched meeting on April 25, 2001, at City HalI, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Marl Nelson Council Member Linda Broussard Vickers I. ABSENT: None. STAFF: City Administrator, Jim March City Engineer, Tom Peterson City Attorney, Jim Hoeft cll meeting to order at 6:35 p.rn. D. y Pell be added under Petitions and Complaints roussard Vickers seconded b Council Member e a as amended. All in favor. Motion carried 01. IV. fthe Year Award Presentation (Wayne leBlanc) Mayor Swedberg presented Mr. Wayne LeBlanc with the Citizen of the Year award. Mr. LeBlanc thanked the City and those that he has worked with for the award. Page 1 of 12 E-Mailed to Council on 5/3/01 at 11:34 a.m. April 25, 2001 Council Minutes 2. Ad Hoc Communications Committee Update Ms. Theresa Brenner, Chair, gave a brief update on the progress of the Committee. Ms. Brenner provided copies of the proposed surveys for review. Mr. March requested that prizes be designated rather than listing dollar amounts on the survey. Ms. Brenner stated that the Committee has made several recommendations and reviewed same: Update the City's web page contact list, Cablecast Council meetings during the day, subsequent to the actual meeting and provide the Week in Review to residents expressing interest in receiving same. Council Member Capra questioned whether Mr. March could post the Week in Review on the City's website. Mr. March concurred and offered to e-rnall same to residents who expressed interest in receiving the Week in Review. Mr. March stated that Ms. Patricia Scott had submitted a letter of resignation for providing newsletter services to the City. Mr. March also stated that he had received a telephone call from the person who was the associate editor of the White Bear Press for five (5) years and currently produces a twenty-five (25) page, glossy magazine. Mr. March stated that this might be a viable avenue for the City to present information to residents and the surrounding communities. Mr. March also stated that he would research this item further. Motion bv Council Member Travis seconded bv Council Member Capra to authorize the Communications Ad Hoc Committee to print and mail the presented survevs. AU in favor. Motion carried unanimouslv. V. CONSIDERATION OF MINUTES Council Member Capra requested the following change: Page 11 change "City of Centerville" to "Cable Commission". Mayor Swedberg requested the following change: On the last page indicate that the interviews were set for April 17 , 2001 not May 17, 2001. Motion bv Council Member Nelson. seconded bv Council Member Capra to approve the April 11. 200t Council Minutes as amended. AU in favor. Motion carried unanimousw. VI. PETITIONS AND COMPLAINTS 1. Ms. Kathy Peil Page 2 of 12 E-Mailed to Council on 5/3/0 I at It:34 a.m. April 25, 200t Council Minutes Ms. Kathy Peil, 1859 - 73rd Street, stated that she and her husband have been trying to build an in-ground pool in their backyard fur two (2) years. Ms. Peil requested that Council agree to release her building permit on Tuesday, May 1, 2001 pending a favorable outcome at the Planning and Zoning Commission meeting regarding Ordinance #4 amendments and requirements for pools. Council Member Capra questioned Mr. Hoeft whether the City could legally agree to comply with Ms. Peil's request. Mr. Hoeft suggested releasing the permit su~ect to the approval of the Planning and Zoning Commission. Mr. Hoeft also suggested that if Council had concerns in regards to pool requirements, they should address same at a special meeting or attend the Planning and Zoning Commission meeting. Council Member Broussard Vickers questioned the approval of Council prior to the process being completed. Council Member Travis clarified that pools are not currently addressed in Ordinance #4 and Staff is treating them as an Accessory Structure. Mr. Hoeft stated that Council has the authority to release the permit. Mr. Hoeft also stated that this request is not a Variance and is not governed by Ordinance #4. Mayor Swedberg questioned the feelings of Ms. Peit's neighbors. Ms. Peil stated that she had discussed the pool and required fencing with her neighbors as signatures would be required to install the fencing on the property line. Mayor Swedberg questioned whether additional pool requirements would need to be in place if Ordinance #4 is amended regarding pools. Council Member Broussard Vickers stated that most pool requirements are covered under building codes and state law. Mayor Swedberg suggested calling a special meeting the night of the Planning and Zoning Commission meeting to discuss this matter. Council Member Nelson suggested a telephone vote. Mr. Hoeft stated that a specialomeeting or a telephone poll would need to be published. Council Member Travis stated he felt this was a formality and he was fine with approving the release of the permit contingent upon Planning and Zoning Commission approval. Ms. Peil questioned the possibility of residents raising concern with the amendments to Ordinance #4 regarding the pool requirements subsequent to approval and during the publication period. Mr. March explained that upon two (2) consecutive publications of the amendments, they would become effective. Page 3 of12 E-Mailed to Council on 5/3/0 I at 11:34 a.m. April 25, 2001 Council Minutes Council Member Nelson questioned the requirements for pools if the current Ordinance #4 does not cover pools. Mr. March explained that Staff has interpreted that pools fall under the definition of Accessory Structure and, therefore, pools are limited to two percent (2%) of the rear yard similar to that ofa shed. Council Member Nelson questioned the appropriateness of a Variance in this case. Council Member Broussard Vickers explained that would not work due to time constraints and the requirement of holding a public hearing. Council Member Capra stated that Council usually approves the recommendation of the Planning and Zoning Commission. However, she would prefer a telephone poll following the meeting. Mayor Swedberg questioned whether Ms. Peil has contacted other construction firms to construct the pool. Ms. Peil stated that she had and that no other contractors were available prior to August. Mr. Hoeft suggested that Council either attend the Planning and Zoning Commission meeting, call a special meeting or have a telephone poll following the meeting. Mayor Swedberg questioned what would happen if someone raised major concerns about pools at the public hearing. Mr. Hoeft stated that there could be a possibility of that happening and suggested calling a special meeting following the Planning and Zoning Commission meeting prior to releasing the permit. Mr. March stated that he did not believe the public hearing would be of interest to very many people. Motion by Council Member Nelson. seconded bv Council Member Capra to schedule a special meetin2 of the City Council on Mav 1. 2001 at 7:00 p.m. All in favor. Motion carried unanimously. VII. UNFINISHED BUSINESS None. VIII. OLD BUSINESS Mr. March stated that Staff had located the actual bid for Hunter's Crossing that listed four (4) alternates. Mr. March stated that the City chose Northdale Construction, which had the highest cost for the alternates and that may be the reason the project was not awarded. Mr. March stated that Mr. Peterson had indicated in a letter that funding should be discussed prior to approving an alternate. Mr. March also stated that at the time the bid was awarded, no commitment had been received from The County Bank. Mr. March submitted copies of the building permit plans that show an "X" where the requested hydrant was drawn on same by the Centennial Fire District. Mr. March stated Page 4 of12 E-Mailed to Council on 5/3/01 at 11:34 a.m. April 25, 2001 Council Minutes that The County Bank's contractor moved the hydrant to the north and did not build it according to the submitted plans. Council Member Capra clarified that the Fire Department required that the hydrant be located where it is. Mayor Swedberg questioned Mr. March in regards to whose financial responsibility the water main would be. Mr. March recommended that the City request that Mr. Peterson place a value on the benefit of the water main installation for future development to the north of the site. Mr. Peterson stated that typically the property owner would be assessed at the time the property is developed. Mr. March stated there might be some value to the City if the City intends on looping into the water main east of the Willow Glen development for future growth. Council Member Broussard Vickers clarified that the City would not loop into the system until the property to the north develops and those properties would be assessed at that time for same. Mr. March stated that the City has given credit for looping, extra depth and over-sized water mains in the past. Mr. Peterson agreed that the City did receive a slight benefit as the water main is extended farther than it would have needed to be. Council Member Travis questioned whether the water main makes a 900 turn at the hydrant and if the water main extended to the north property line. Mr. Peterson stated that the hydrant is positioned directly on the water main. Mr. Peterson stated that the City realized a 15% value. Mr. March recommended that Staff continue to investigate the issue and report back. Motion by Council Member Broussard Vickers seconded by Council Member Nelson to table this matter pendiDll additional investie:ation. All in favor. Motion carried unanimously. IX. NEW BUSINESS 1. Centennial Fire District puTlJtlB Bids Mr. March stated that the Fire Steering Committee had recommended acceptance of the bid from General Safety fur the purchase of a new pumper truck in the amount of $234,713. Motion bv Council Member Capra. seconded by Council Member Broussard Vickers to aDDrove the recommendation of the Fire Steerine: Committee to Durchase a new Dumper truck from General Safety in the amount of $234.713. AU in favor. Motion carried unanimously. Page 5 of12 E-Mailed to Council on 5/3/0 I at 11 :34 a.m. April 25, 2001 Council Minutes X. CITY ENGINEER'S REPORT 1. Laurie LaMotte Memorial Park Electrical plAns Mr. Peterson presented electrical plans for Laurie LaMotte Memorial Park for Council's review. Mayor Swedberg questioned whether the City could tap into the electrical line at any point if future wiring is determined. Mr. Peterson stated that the transformer is the most viable starting point for same. Mr. March questioned the purpose of the power-line crossing overhead versus under the parking lot. Mr. Peterson stated that same was determined by Xcel Energy. Xcel Energy suggested that burying feeder lines under asphalt was not a good idea due to potential problems, accessibility and cost effectiveness. Mr. Peterson stated that he would contact Xcel Energy to ascertain if they may have additional suggestions for the line. Mr. March stated he would prefer under ground power, if possible, to preserve the appearance of open space in the park. Consensus was that the power line be placed underground depending upon cost. Mr. Peterson stated that the power would be under ground subsequent to crossing the parking lot. Mr. Ray DeVine requested that Mr. March forward copies of the plans to the Parks and Recreation Committee for their review. Mr. March questioned whether the timeline for completing the project would be jeopardized by waiting for input from the Parks and Recreation Committee. Mr. Peterson stated that he could issue an addendum for up to five (5) days prior to the bid and did not believe it to be a problem. 2. Surface Water Management Plan Proposal Mr. Peterson briefly reviewed the Surface Water Management Plan. Mayor Swedberg clarified that the City is required to have a Surfuce Water Management Plan that is complimentary to its Comprehensive Plan and. in order to do that, tasks 1 through 6 need to be completed. Mr. March concurred. Mayor Swedberg questioned whether Public Works Staff or Mr. Peterson would perform the other items contained in the report. Mr. Peterson stated that he would develop a checklist and Public Works Staff could complete some of the tasks to reduce expenditures. Page 6 of12 : E-Mailed to Council on 5/3/0 I at 11 :34 a.m. April 25, 2001 Council Minutes Mr. March questioned whether the modeling and associated costs were needed as same was completed previously. Mr. Peterson stated it would be dependent upon Rice Creek Watershed, as modifications have been made since 1997. Mr. March stated that when the City compiled its Comprehensive Plan in 1997, Rice Creek Watershed District had not submitted a plan to the Metropolitan Council. At the time, the City requested that H.R Green complete a Surface Water Management Plan for review by the Watershed District. At that time, the City was infonned that they would have two (2) years following the completion of the Watershed District's Plan. Mr. March suggested submitting all documentation regarding this matter to Mr. Peterson and letting him determine if additional information is needed. Council Member Broussard Vickers questioned whether the funds would be expended from the Water Tower Fund. Mr. March stated that in his opinion, the funds should be expended from the Storm Sewer Fund as the plan relates to drainage. Council Member Capra requested an evaluation of the ponds to be completed by Mr. Peterson prior to arranging any maintenance schedule. Mr. March stated he would like Mr. Peterson to instruct the Public Works Staff on pond maintenance for the pond that has received the most complaints. Mayor Swedberg questioned whether there was standard protocol for pond maintenance determined by the Rice Creek Watershed District. Mr. March indicated that the Watershed District may have standards and stated he would research same. Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to approve the Surface Water Manae:ement Plan for the reouired work as presented and to submit the current plan to the City Enldneer for necessary corrections. All in favor. Motion carried unanimouslv. 3. Downtown Revitali?ation Project Mr. Peterson thanked Council for selecting Bonestroo, Rosene, Anderlik & Assoc. and requested that Council define the portion of the project they would be responsible for and what Shea Architects would be responsible for. Mr. March explained Shea Architects would be focusing on building components around the commercial properties and Bonestroo would provide ala carte streetscape amenities. Council Member Broussard Vickers stated she felt there was enough information for a basic meeting with the downtown businesses and residents. Mr. March suggested holding the meeting in mid~May. Mayor Swedberg suggested that the meeting be held near the downtown area. Page 7 of 12 E-Mailed to Council on 5/3/01 at 11:34 a.m. April 25, 2001 Council Minutes Council Member Nelson questioned whether the meeting could be held at Mr. DeVine's office. Mr. DeVine stated that they bad recently leased the main floor level of the building and offered the use ofhis conference room for the meeting. Consensus was to hold the meeting on May 15, 2001 at 7:00 p.rn. at Mr. DeVine's Office. 4. Trail in Front of Apo1eTree Square Mr. Peterson stated that there are two (2) options for the trail. One option is to pave over the existing overlay of the trail. The maximum width of the trail would remain six (6) feet wide. Mr. Peterson noted that three (3) drainage locations would need to be installed. Mr. Peterson advised same to be concrete swales that would allow movement of water across the trail and into the ditch. The second option is to fill in the ditch and make the trail eight (8) or ten (10) feet wide. The approximate cost for the first option would be $3,000 and the second option would be $10,000 to $11,000. Mr. Peterson stated that the second option would need Anoka County approval to fill in the existing ditch. Council Member Nelson questioned the possibility of using metal grates instead of concrete swales. Mr. Peterson explained that metal grates do not work well during the freeze/thaw cycle and are not recommended. Council Member Capra questioned whether the same option could be utilized for the new strip mall development. Mr. Peterson stated that the trail would drain into a catch basin at that site. Motion bv Council Member Nelson. seconded bv Council Member Capra to offer the first option to Mr. Drilline: for the trail on the west side of AppleTree Square. AU in favor. Motion carried unanimouslv. Motion bv CODncil Member Broussard Vickers. seconded bv Council Member Nelson to approve the commencement of acceptine: Request for Bids ree:ardine: the Laurie LaMotte Memorial Park Electrical Plans based on any amendments from the Parks and Recreation Committee. All in favor. Motion carried unanimouslv. XI. PUBLIC WORKS REPORT 1. 6961 Dupre Road (Driveway Accessibility) Mr. March stated that the City would incur $365 to rent a bobcat with a mill attachment and trailer. It was anticipated that the project would take four (4) hours to complete. Council Member Capra questioned whether the City incurred the expenditures with the previous accessibility request. Mr. March stated that the equipment bad been donated and the City bad incurred minimal expense for asphalt. Page 8 of12 E-Mailed to Council on 5/3/01 at 11:34 a.m. April 25, 2001 Cooncil Minutes Motion by Council Member Travis. seconded by Mayor Swedbere to proceed with the miUinl! and fWD!! of the curb at 6961 Dupre Road. Ayes - 4. Nays - 1 {Broussard Vickers}. Motion carried. 2. Temnorary Summer Help Mr. March stated that the Public Works seasonal worker from the previous year has expressed interest in working for the City again this year. Mr. March explained that A.J. has agreed to work for the same rate as last year ($IOlhour), excluding benefits. Motion by Council Member Capra. seconded by Council Member Nelson to authorize the hinD!! of temporary. seasonal help for the Public Works Deoartment. All in favor. Motion carried unanimously. 3. Civil pefense Siren Mr. March stated that he had met with a representative from Federal Warning Systems in regards to the current siren and the possibility of securing an additional siren. A proposal would be forwarded for review. Mr. March also stated that the additional siren would be located at City Hall and would be powered by the generator. The existing siren would be relocated to ensure 100010 coverage for the City. Mr. March explained that the representative had recommended keeping the controls for the siren inside the building to make the siren more reliable. Council Member Capra questioned the approximate cost for the siren. Mr. March indicated an additional siren would be approximately $17,000. Motion by Mayor Swedbere. seconded bv Council Member Broussard Vickers to accept the future recommendation of the Fire Chief with rel!ards to the Tornado WamiDl! Siren. All in favor. Motion carried unanimously. 4. 7121 Centerville Road (Baron Prooerty) Mr. March updated Council on the Baron property. Council Member Nelson stated she felt it would be okay to extend the deadline due to a late thaw and excessive rain. Council Member Capra questioned the recourse Council would have if the property was not brought into compliance by June 1,2001. Mr. Hoeft indicated the City would have to cite the property owner with a violation of the Code, which puts the matter into the criminal court system which subjects the property owner to fines if the property is not cleaned up. This may provide a financial incentive to the property owner to clean up the property. Page 9 of12 E-Mailed to Council on 5/3/0 I at II :34 a.m. April 25. 2001 Council Minutes Mr. Tom Wilharber, 6849 Centerville Road, stated the City has been dealing with the property in question for a number of years and has consistently received the same excuses as to why the property cannot be cleaned up. Mr. Wtlharber requested that Council consider the residents living near the property who have put up with the conditions of the property. Mr. Wilharber requested that Council not grant an extension. Mr. W1lharber stated that in his opinion, the privacy fence currently being installed is not an answer to the existing problem. Council Member Broussard Vickers clarified that Council had agreed, if progress was made, to grant an extension until June I, 2001. Council Member Broussard Vickers requested that Staff indicate that the drop-dead date for bringing the property into compliance was June 1,2001 and no further extension would be granted. Motion by Council Member Nelson. seeonded by Council Member Broussard Vickers to extend the deadline to brine: tbe property into eompliance to June 1. 2001 and indicate that no furtber extensions would be e:ranted. AU in favor. Motion carried unanimoush:. 5. Thermal Heat Patches Mr. March reported that Mr. Palzer is recommending that 150 heat patches be completed. Mr. March stated that thermal patching has been very effective in the past. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to approve the Quote from Berman for 150 thermal beat patcbes. AU in favor. Motion carried unanimously. Council Member Nelson questioned Mr. Palzer's recommendation for the services to be provided by Berman when another firm was the lowest bidder. Council Member Travis stated that the low bidder was providing crack filling services which was a totally difference issue. Mayor Swedberg questioned whether the road could be raised in the areas where the heat patches would be installed. Mr. March stated that the asphalt is heated up and smoothed out, but the existing grade is not changed. Mr. March stated that the heat patches would be installed in several areas where the streets are deteriorating, however, these same areas may also require overlay. XII. CONSENT AGENDA 1. The City ofCenterville April 12, through April 25, 2001 Expenditures 2. Centennial Fire District Expenditures Motion by Council Member Nelson. seeonded bv Council Member Capra to approve Consent Ae:enda Items 1 and 2 as presented. All in favor. Motion carried unanimously. Page 10 of12 E-Mailed to Council on 5/3/01 at 11:34 a.m. April 25, 2001 Council Minutes XDI. COMMITTEE REPORTS Council Member Capm reported that in her capacity as City Historian, she attended the Around the County Meeting at the Anoka County Historical Society. She then noted the Historical Society would be moving into the Anoka County Library. Mayor Swedberg asked if the thempeutic massage business was still interested in coming to Centerville. Mr, March stated he had received no formal application and the Planning and Zoning Commission may amend the current ordinance or create an ordinance to cover therapeutic massage for future use. Council Member Broussard Vickers reported several Planning and Zoning Commission Members had attended a training seminar and felt it was very informative. Council Member Broussard Vickers stated that she had given Mr. March the information obtained at the seminar to distribute to those that desired reviewing same. Mayor Swedberg reported that the Police Commission is interviewing candidates for an officer position. Mayor Swedberg stated that the physical/fitness examinations had been completed and the oral interviews were scheduled for May 5, 2001. Council Member Tmvis reported that the Economic Development Committee (EDC) meeting had been re-scheduled for April 26, 2001. XIV. ADMINISTRATOR'S REPORT Mr. March stated that the League of Minnesota Cities Annual Conference was upcoming and requested that those who desired to participate inform him of same. Mr. March submitted a letter from the Anoka County Assessor's Office revealing the results of the Board of Review proceedings. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to accept tbe findiD2s of tbe Board of Review. All in favor. Motion carried unanimously. Mr. March reported he had received a copy of the response from Mrs. Turcotte's attorney received by Mr. Hoeft. Mr. March requested that Mr. Hoeft discuss this issue. Mr. Hoeft stated that Mrs. Turcotte desired $139,900 for the property in question rather than $139,000 as previously understood by the City. Mrs. Turcotte's attorney has also requested that the City pay the costs usually attnbuted to the seller in a real estate transaction. Mr. Hoeft estimated the associated cost of closing to be approximately $1,000. Mr. Hoeft stated that he would be requesting Mrs. Turcotte to sign a waiver for relocation benefits when the property is leased back to her. Page 11 of12 E-Mailed to Council on 5/3/01 at 11:34 a.m. April 25, 2001 Council Minutes Motion bv Council Member Broussard Vickers. seconded bv Council Member Travis to authorize Staff to accept the new purchase price of $139.900. to aeree to Dav the seller's closine costs. and to require that Mrs. Turcotte sien a waiver of relocation. All in favor. Motion carried unanimously. Mr. March stated that an individual. who was interested in relocating Mrs. Turcotte's residence, alleviating demolition costs that would be incurred by the City, had contacted him. Mr. March requested that Council arrange a work session date to discuss employee benefit issues. Consensus was to schedule a work session for May 30, 2001 at 6:30 p.rn. Council Member Broussard Vickers requested that any items Staff or Council feels need to be addressed in a work session environment, be added to the next regularly scheduled meeting agenda. Council Member Broussard Vickers suggested that no work sessions be scheduled for the summer. XV. ADJOURNMENT Motion by Council Member Nelson. seconded by Council Member Capra to adiourn the April 25. 2001 City Council Meetiu at 8:43 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. c ~~ Teresa Bender, Clerkffreasurer Page 12 of12 CITY OF CENTERVILLE CITY COUNCIL MEETING MAY 9, 2001 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly sc meeting on May 9, 2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Man Nelson Council Member Linda Broussard Vickers ABSENT: None. STAFF: City Engineer, Tom Peterson City Attorney, Jim Hoeft I. CALL TO ORDER Mayor Swedberg called t II. eti g to order at 6:34 p.m. Candidate ity Goals be added under Unfinished Business. er Nelson seconded b Council Member Ca ra to ded. All in favor. Motion carried unanimousl . III. IV. 1. Mr. Dean Havel. Bald Eagle Water-Ski Club Mr. Dean Havel requested permission for the Bald Eagle Ski Club to install its water ski jump in front of Waterworks Beach Club. Mr. Havel stated that Council approval is required prior to Anoka County issuing a permit for same. Page 10f9 May 9, 2001 Council Meeting Minutes Council Member Capra questioned whether Anoka County had expressed concern due to the high lake level. Mr. Havel stated that Anoka County did not anticipate a problem being that the lake level was dissipating. Mr. Havel stated that the ski club would delay activity until the water level is lower to comply with the wake zones. Council Member Nelson questioned whether the ski jump would be the same as previous years. Mr. Havel concurred. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to authorize the installation of the ski iump in front of the Waterworks Beach Club by the Bald Eae:le Water Ski Club pending all required permits and approvals bv other entities. All in favor. Motion carried unanimouslv. 2. Mr. Buechler Mr. Buechler stated that he had not used the previously received overweight permit granted by Council due to the use of a vehicle that weighed under the posted tonnage. Mr. Buechler requested that Council consider granting an additional overweight permit for seven (7) tons in order to bring a pumper truck into the construction site and pump concrete for the floors. Mr. Peterson questioned if Mr. Buechler would be bringing in only one (1) truck. Mr. Buechler concurred. Council Member Capra questioned whether a permit would need to be granted due to road restrictions being anticipated to be lifted within several days. Mr. Peterson stated that Mound Trail is posted for five (5) tons when weight restrictions are removed. Mr. Peterson stated that Council previously approved Mr. Buechler's request because Mound Trail is in good condition and stated that he felt that one (1) vehicle would not degrade same. Council Member Broussard Vickers questioned whether the concrete trucks would also be over the roads posted limit. Mr. Buechler stated that the trucks would not be filled to maximum capacity. Council Member Capra questioned whether the wet conditions in the area posed a problem for the roadway. Mr. Peterson recommended approval of the permit. Motion by Council Member Broussard Vickers. seconded bv Council Member Travis to approve a seven (7) ton. one-time overweie:ht permit for Mr. Buechler. All in favor. Motion carried unanimously. V. CONSIDERATION OF MINUTES Council Member Nelson requested the following changes: Page 3, change "her" to "she" and Page 8, change "stripe" to "strip". Under the Public Works Report, change the sentence to indicate that the bobcat rental would cost the City a total of $365 plus tax. Page 2 of9 May 9, 2001 Council Meeting Minutes Council Member Capra requested the following change: Page 7, indicate that Council Member Capra requested an evaluation of the ponds to be completed by Mr. Peterson prior to setting any type of maintenance schedule. Motion bv Council Member Nelson. seconded by Council Member Capra to ap{>rove the April 25. 2001 Council Minutes as amended. All in favor. Motion carried unanimouslv. VI. PETITIONS AND COMPLAINTS None. VII. UNFINISHED BUSINESS 1. City Goals Mayor Swedberg stated that he agreed with Mr. March regarding the removal of the dollar amounts previously included in the document. Mayor Swedberg stated he would like Council to adopt the goals this evening. Council Member Nelson questioned whether to forward the goals to the other committees/commission for their review. Mayor Swedberg stated that residents had been given the opportunity to express their feelings and no major modifications were requested. Mayor Swedberg thanked the Quad Press for publishing an article on the goals. Council Member Capra stated that several of the goals had already been enacted and she felt that only the community garden item was questionable. Motion bv Council Member Nelson. seconded bv Council Member Capra to adopt the goals document as drafted bv Mayor Swedberg and forward same to committees/commission for their review. Council Member Travis questioned whether, subsequent to obtaining public input, any modifications were made to the document. Mayor Swedberg concurred. Mayor Swedberg stated that residents reacted to the presented document and did not offer any significant modifications. Council Member Broussard Vickers stated she did not find anyone who said the entire document was wonderful and no one said the idea was terrible. She indicated she had gotten the impression that residents were fine with the goals provided taxes were not raised and current City services were not sacrificed in order to pay for the goals. Council Member Broussard Vickers stated that she would prefer to see the original draft rewritten slightly prior to acting on same. Page 3 of9 May 9, 2001 Council Meeting Minutes Mayor Swedberg stated that Council could adopt the document with any requested modifications. Council Member Broussard Vickers indicated she would like to review any modifications prior to feeling comfortable enough to vote on same. Motion by Mayor Swedber~. seconded by Council Member Nelson. to table adoption of the goals document until the document is edited and provided to Council for review. All in favor. Motion carried unanimously. Mayor Swedberg stated Council Members would receive a copy of the document for reView. VIII. OLD BUSINESS 1. County Bank Reimbursement Request Mr. Peterson presented Council with a sketch of the water mains in the area of the Willow Glen Development and Main Street. Mr. Peterson stated that the water main had been extended an additional 300 feet. Mr. Peterson explained the estimated value to extend services further north, the City of extended water main. Mr. Peterson estimated a cost of $50,000 to extend services further north. Mr. Peterson explained that three (3) parcels, totaling fifteen (15) acres would benefit from same. Mr. Peterson stated that The County Bank would be responsible for $8,700 and the City's portion would be approximately $5,000. Mr. Peterson also stated that The County Bank did obtain a permit to extend the water main and expressed concern that there is no right of way to the north to run utilities. Council Member Broussard Vickers suggested deducting the permit fee from the $5,000 and then asked Mr. Hoeft what should be done concerning the easement situation. Mr. Hoeft stated that the City needed to obtain an easement as part of the resolution of this issue. Mr. Hoeft also stated that if the water main is located on private property, there is no benefit to the City. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to direct staff to inform Mr. Bode of the $5.000 amount and the fieures used to determine that amount. to direct staff to investieate the easement issue. and to direct staff to investieate the permit situation. All in favor. Motion carried unanimously. 2. Laurie LaMotte Memorial Park Electrical Specifications Mr. Peterson explained he had consulted with Xcel Energy and they had agreed to install a power pole along the street and then run the power under ground rather than overhead. Council Member Broussard Vickers stated that she and the Parks and Recreation Committee were concerned that Council voted to expend funds from the Park Dedication Fund rather than to expend funds from the General Fund for the electrical services. Page 4 of9 May 9, 2001 Council Meeting Minutes Council Member Broussard Vickers stated that if Park Dedication Fees were used for the project, the Committee would be unable to accomplish their goals for the year. Mayor Swedberg stated that previously Council met with the Committee to discuss goals for the year 2001 and the Committee expressed that their two (2) priorities were to provide electrical services at Laurie LaMotte Memorial Park and the Wheels Park. Consensus of the Committee was to use Park Dedication Fees for these projects. Council Member Broussard Vickers stated that it was her understanding from that same meeting, that the Committee did not want to expend Park Dedications Fees for the electrical services due to the fact that numerous community events take place in the park. Council Member Travis concurred with Council Member Broussard Vickers but added that the Committee determined that they had an ample amount of money in their budget to cover same. Council Member Capra stated that Council anticipated that the Parks and Recreation Committee would request additional funds for other projects at the time Council made their decision to expend funds from the Park Dedication Funds. Council Member Broussard Vickers stated that she was unsure whether the Committee had enough money to fund its current projects. Council Member Broussard Vickers stated that she desired Council to consider requests for future funding form the Parks and Recreation Committee. Consensus was to consider future requests from the Parks and Recreation Committee. IX. NEW BUSINESS 1. Bald Eagle Ski Jump This item was previously considered. 2. Planning Intern Mayor Swedberg suggested that due to Mr. March's absence, this item be tabled. Council Member Broussard Vickers stated that if Council considered this item this evening, rather than waiting, which would expedite the process. Motion by Council Member Broussard Vickers. seconded by Council Member Travis to authorize the hirine of a Plan nine: Intern as recommended bv Mr. March. All in favor. Motion carried unanimously. 3. 21st Avenue Feasibility Study Mayor Swedberg expressed surprise and concern for the request received from the City of Lino Lakes to share in the costs associated with the reconstruction of 21 st Avenue. Page 5 of9 May 9, 2001 Council Meeting Minutes Council Member Capra stated that she had concerns with the projected timetable for the reconstruction and discussed same with Mr. Palzer. Mr. Palzer stated that Staff has been unable to locate a signed agreement between the two (2) for the joint reconstruction effort. Mayor Swedberg stated that the City had received a letter from the City of Lino Lakes requesting sharing of the expenditures along with the Feasibility Study. Council Member Capra requested that Mr. Peterson contact the City of Lino Lakes' Engineer to ascertain whether the proposal meets the City's criteria for road reconstruction. Mr. Peterson stated that he had contacted the Engineer and found several issues that needed to be addressed. Mr. Peterson stated that the City of Lino Lakes Council would be holding a public hearing on this matter on May 28, 2001. The Lino Lakes Engineer was unsure of the project's likelihood of approval due to costly assessments associated with same. Mr. Peterson stated that five (5) Centerville parcels would be affected by same and that the cost would be approximately $188,000. Council Member Capra stated she did not feel there was any Centerville drainage in the area. Mr. Peterson disagreed and stated that half of the street is owned by the City of Centerville. Mr. Peterson stated that the cost associated with the reconstruction appears to be appropriate and added that the City of Centerville has different criteria for road construction and same was not included in the original estimate. Mayor Swedberg questioned the need for the City to obtain an easement from the City of Lino Lake for the pond. Council Member Travis stated that a parcel in the vicinity had yet to give an easement for same. Mayor Swedberg noted that a plan of this magnitude would take time to prepare and questioned why Centerville was not made aware of it until this point. Mr. Peterson stated that the plan has been in the works since 1998. Mayor Swedberg questioned whether the City anticipated the request this year. Council Member Broussard Vickers commented that the request is being driven by development on the Lino Lakes side of the street. Mayor Swedberg stated that not enough properties benefit from the reconstruction with the City of Centerville to offset the associated costs of the road. Mr. Peterson stated that the road itself is a sufficient benefit to the City. Mayor Swedberg questioned whether a bridge would be constructed over the creek. Mr. Peterson stated that the current culvert would remain so there would be no need for a bridge over the creek. Mayor Swedberg stated that he was concerned that the City was just reviewing the plan in May and the City of Lino Lakes was considering approval on May 28. Page 60f9 May 9, 2001 Council Meeting Minutes Council Member Broussard Vickers stated that if the City signed the agreement then they are bound to the agreement. Council Member Broussard Vickers suggested tabling this item to allow further investigation. Council Member Travis stated that installation of the road would allow approximately 80 acres to be developed. Council Member Broussard Vickers stated that Arcade Asphalt is operating under a Special Use Permit until the road is installed. Mayor Swedberg stated he would like staff to ensure that the road is built to handle the heavy truck traffic it is proposed to have. Mr. Peterson indicated the road would be constructed to ten (10) ton road specifications. Council Member Capra stated she would like the City of Lino Lakes to meet Centerville's standards when reconstructing the street. Mayor Swedberg expressed concern for traffic management in the area and questioned whether traffic would be looked at as part of the process of reconstructing the street. Mayor Swedberg stated that the City of Lino Lakes could allow only commercial development in the area and that may cause congestion problems. Council Member Travis stated that the City of Centerville could also allow commercial development in the area, expanding its commercial base. Motion by Mayor Swedberg. seconded by Council Member Nelson to table this item for further investigation by Staff. All in favor. Motion carried unanimously. 4. Parks and Recreation Candidate Recommendations (Ms. Kathv Peil & Mr. Tom Lee) Council Member Broussard Vickers explained that there were three (3) items on the list of recommendations from the Parks and Recreation Committee. The Committee requested that the first item be removed for consideration. The second item was to consider placement of an ADA accessible satellite at Eagle Park. Council Member Broussard Vickers stated that several complaints had been received and the satellite was relocated. Council Member Broussard Vickers stated that the Committee is recommending the appointment of Ms. Kathy Peil and Mr. Tom Lee. Motion by Mayor Swedbere:. seconded by Council Member Nelson to appoint Ms. Kathy Peil and Mr. Tom Lee to the Parks and Recreation Committee. All in favor. Motion carried unanimously. x. CONSENT AGENDA 1. The City ofCenterville April 26, through May 9, 2001 Expenditures 2. Centennial Fire District Expenditures Page 7 of9 May 9, 2001 Council Meeting Minutes Motion by Council Member Nelson. seconded bv Council Member Capra to approve Consent Agenda Items 1 and 2 as presented. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS Council Member Broussard Vickers reported that the Parks and Recreation Committee would be holding a public meeting concerning the Wheels Park next Wednesday. Council Member Broussard Vickers reported there would be a public hearing to discuss the proposed amendments to the Comprehensive Plan at the next Planning and Zoning Committee meeting. Council Member Nelson requested that the financial reports reflect the appropriate CD renewal dates. Mayor Swedberg reported that the Police Commission had interviewed eleven (11) candidates for the available position. Council Member Travis reported that the Business Appreciation Dinner was scheduled for Tuesday, May 15,2001 at 6:00 p.m. Council Member Broussard Vickers noted that there would be a presentation of a water feasibility study and discussion of downtown streetscaping would immediately follow the dinner. XII. ADMINISTRATOR'S REPORT Mayor Swedberg reviewed the memorandum submitted by Mr. March. Mayor Swedberg stated that Mr. March requested that Council Members interested in attending the LMC Conference in Duluth contact City Hall by 10:00 a.m. of Friday, May II. Mayor Swedberg stated that Mr. March would be meeting with On-Sync Corporation and he would be notifying members to ascertain their interest in attending same. On-Sync Corporation is a document imaging software vendor. Mayor Swedberg stated that the final version of the Turcotte purchasing agreement was anticipated the following week. Page 8 of9 May 9, 2001 Council Meeting Minutes XIII. ADJOURNMENT Motion bv Council Member Travis. seconded by Council Member Nelson to adiourn the May 9. 2001 Citv Council meeting at 7:40 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Proofed by: C--.~~ Teresa Bender, Clerk/Treasurer Page 9 of9 ,~ CITY OF CENTERVILLE CITY COUNCIL MEETING MAY 23, 2001 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly sched meeting on May 23,2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Marl Nelson Council Member Linda Broussard Vickers STAFF: City Administrator, Jim March City Engineer, Tom Peterson City Attorney, Jim Hoeft ting to order at 6:30 p.rn. ABSENT: None I. CALL TO ORDER ll. of the lifetime achievement nominees be rarily suspending the newsletter be added to the to III CES/A WARDS V. CONSIDERATION OF MINUTES Page 1 of 12 City CoIlIlCiI Meeting Minutes May 23, 2001 Council Member Capra stated that Council bad given the incorrect time for the Business Appreciation dinner held on May 15, 2001. Council Member Capra stated of6:oo p.m. Motion by Council Member Nelson. seconded by Council Member Capra to approve the May 9. 2001 Council Minutes as amended. AU in favor. Motion carried unanimously. VI. PETITIONS AND COMPLAINTS None. VII. UNFINISHED BUSINESS None. VIII. OLD BUSINESS 1. Downtown Revitalization TimeIine Mr. March stated that the item was placed on the agenda to establish a timeline for the project. Mr. March desired that Council arrange a meeting with property owners to inform them of the City's proposed changes and to forwards letters to them regarding same. Mr. Peterson stated he had sketched a timeline and if the City desired to commence construction this year, Council would need to schedule meetings to review the scope of the project, costs, and determine whether to bond for the project. Mr. Peterson stated that Council would need to approve plans at their June 13 meeting in order to commence the bid and construction process by August. Mr. March stated that it may be possible to bond for both the 21st Avenue project and this project. Mayor Swedberg directed Staff to forward a letter to residents concerning the downtown revitalization project. Motion by Council Member Broussard Vickers. second by Council Member Capra to schedule a work session on June 12. 2001. at 6:30 p.m. to discuss the downtown revitalization proiect. AU in favor. Motion carried unanimously. 2. Laurie LaMotte Memorial Park Improvements Mr. Peterson stated that the bid opening was May 22,2001 for this project and Vinco, Inc. was the lowest bidder at $136,480.29. Motion by Council Member Broussard Vickers. second by Council Member Capra to award the LaMotte Memorial Park electrical contract to Vinco. Inc. in the amount 0($136.480.29 to Vinco. InCo AU in favor. Motion carried unanimously. Page 2 of 12 City Council M~ing Minutes May 23,2001 3. Goals Document Mayor Swedberg reviewed the goals docwnent and requested input. Motion by Council Member Capra. seconded by Council Member Nelson to approve tbe 20al$ document as presented. Council Member Nelson requested that the document be grammaratically corrected prior to forwarding to committees and commissions for their review. Council Member Travis stated that he feh some of the goals were lofty, but stated that all the items in the document were good items for the City. Council Member Broussard Vickers stated that she bad an issue with the sentence that implied that the City would build a muhi-purpose :facility. Consensus was to remove the sentence referenced by Council Member Broussard Vickers. Mr. Brian Walters, 1855 Quebec, stated that his issues with the document stemmed from the tone of the document which implied that Council would inform commissions/committees as to what they would do rather than let the Committees formulate ideas based on public input and present them to Council. Mr. Walters was comfortable with the document subsequent to Council's modification. Mayor Swedberg thanked Council Members for going through the process to approve the goals document. Council Member Nelson explained to Mr. Walters that she feels it is Council's job to keep commissions/committees focused so issues and efforts are not duplicated. Ms. Brenner, 7206 Clear Ridge, thanked Mayor Swedberg for all ofhis work on the goals document and stated that she feh it was a valuable tool. IX. NEW BUSINESS 1. Eagle Pass Town Home Association Petition Mr. Hoeft stated he had reviewed the petition and there were no specific procedural obligations on the part of the City for potentially accepting responsibility for Ojibway Drive. Mr. Hoeft stated that the primary concern of residents is maintaining the street, however, Council needs to consider the substandard width and unknown base of the street. Council Member Capra questioned the town home associations joint responsibilities. Council Member Broussard Vickers explained that the ~tential members of the third town home association, that would be formed with the 2 Phase, would be driving across Page 3 ofl2 City Council Meeting Minutes May 23, 2001 the other town home association' road. Council Member Broussard Vickers stated that following Council Member Capra's suggestion, the developer would need to completely modifY his plans. Mr. March stated that he suggested to Mr. Quigley to attempt to resolve the issue regarding maintaining Ojibway Drive prior to coming before Council. Mr. March suggested tabling this matter in an attempt to allow ample time for the meeting to occur. Council Member Broussard Vickers stated that most of the residents were unaware or did not understand the issues surrounding being responsible for a private street. Council Member Broussard Vickers stated that while these issues are civil issues, she feels if the City were to take responsibility for the road it would go a long way toward smoothing the way for the rest of the development. Mr. March stated that other communities have private streets and in his opinion, the City did not make a mistake with the original development and the private street. In Mr. March's opinion there would not be an issue if residents were members of one (1) association rather than two (2) or three (3). Mayor Swedberg questioned whether Voyager Court was also a private road. Mr. March concurred. Council Member Nelson stated that she feh if the City assumed Ojibway Drive, it would be setting a precedence. Council Member Capra stated that she had concerns with the width of the road. Mr. Hoeft stated that appears that the town home associations are trying to take the easy way out and request that the City assume responsibility for Ojibway Drive rather than coming to a mutual agreement between themselves. Mr. Hoeft stated that he does not mean to say that the request is inappropriate, but sees the matter as the City inheriting a potential problem. Mr. Hoeft recommended that the City look at what is in the best interest of the City as a whole, rather than the town home associations. Council Member Capra questioned whether the City had taken over any private roads in the past. Mr. March stated that the City had not. Motion bv Mavor Swedbere. seconded bv Couneil Member Capra to table this matter for further information. All in favor. Motion earried unanimouslv. 2. 21st Avenue Update Mr. March stated that he had scheduled a meeting with representatives from the City of Lino Lakes to discuss the feasibility report for this project. Mr. March stated that one (1) of the issues discussed is the fact that the City never signed the Joint Powers Agreement. Mr. March stated that the Joint Powers Agreement will be revised to take into consideration the City's standards for roadways and presented to Council for review. Page 4 of 12 City Council Meeting Minutes May 23,2001 Council Member Capra questioned whether the road would be extended south to Cedar Street. Mr. March stated that they would only go as:far as the exception property, as the Cities would need to condemn the house, as it is non-conforming. Mr. March stated that this is not a desire. 3. Commercial BuiJrlil1" Design Concepts IDowntown Revitalization - Shea Architects) Mr. March stated he is requesting approval to expend $2,000 for plans to present to potential, commercial developers who have an interest in developing in CentervUle. Council Member Capra stated that she had recently spoke with a resident who Jives in the Willow Glen town homes who stated that the architectural design of the County Bank was very pleasing. Council Member Capra stated that she then asked the resident her opinion regarding the design concepts for the City. The resident indicated that she was in favor of more commercial developments modeled after the bank's design. Mr. March stated that ifwould be nice to be a step ahead of developers and provide them with a design concept when that approached the City. Council Member Nelson questioned the :funding for the plans. Mr. March stated that the funds would be expended from the General Fund. Council Member Travis stated that the developer would own the property and nothing ensures that the developer adheres to the plan that the City would provide them. Council Member Broussard Vickers stated she was not comfortable paying $2,600 for a plan that the developer does not have to adhere to. Council Member Broussard Vickers also stated that the City does not ordinances in place to force the developer to use the plan. Council Member Broussard Vickers suggested, if Council desires to provide some guidance, referring developers to County Bank and indicating that the development should be modeled after the bank. Council Member Broussard Vickers also stated that she was not in favor of this for the same reason she did not desire to pay a consultant to provide three (3) sign plans for the City. Motion bv Council Member Nelson. seconded bv Council Member Capra to authorize Shea Architects to draft a plan for business development within the City in an amount not to exceed $2.600. Mr. March commented that if there is a plan in place, the City does not have to have an ordinance to enforce the plan. Mr. March also stated that the developer would need City approval to proceed with the project. Mr. March stated that in his opinion, $2,600 was minimal to assist the City in providing aesthetically pleasing business construction. Council Member Capra stated she liked that fact Shea Architects also works with developers. Council Member Capra stated that the City of Vadnais Heights has a similar procedure in place. Page 5 of12 City Council Meeting Minutes May 23,2001 Mr. March stated that he feh that the benefits would exceed the expenditure for providing the plans to potentially developers. Vote: 4 - Aves., (Mayor Swedbel'2. Council Members Capra. Nelson and Travis). 1 - Nay (Council ~ember Broussard Vickers). Motion carried. 4. Ad Hoc Communications Update Ms. Theresa Brenner, Ad Hoc Communications Chair, stated that the survey had been distnlmted in the spring newsletter. Ms. Brenner stated that the due date to return the surveys would be June I, 200 l. Ms. Brenner stated that the Committee had discussions with the North Metro Telecommunications Commission representatives and intended upon following up on ideas discussed. Ms. Brenner stated that the Committee was in need of a way to tabulate and use the information gathered from the surveys. She then asked Council for $100 to pay a consuhant to design a computer program that would make it easy to input the data from the surveys and to put that information into different types of reports. Council Member Nelson questioned whether the program could be utilized for additional surveys in the future. Council Member Capra stated she thought that the program would be set up for this specific survey and that the program would be beneficial. Motion bv Council Member Nelson. seconded by Council Member Broussard Vickers to approve an amount not to exceed $100 for a computer proeram to tabulate the results oCthe recent survey completed by the Ad Hoc Committee. AU in favor. Motion carried unanimously. Ms. Brenner requested that Council consider submitting a press release to the Quad Community Press during the time the newsletter is not being published. Mayor Swedberg directed Mr. March to provide the Week in Review to the Quad Community Press for publishing during such time as the newsletter is on hold. 5. Pheasant Marsh Feasibility Study Terry Hannah, Ground Development, was present and offered to answer questions concerning the feasibility study. Mr. March stated that the feasibility study had been received yesterday and Staff forwarded same to Council Members' homes in the morning. Mr. March stated that no action was needed at this point. Page60f12 City Coweil Meeting Minutes May 23, z001 Mr. Peterson stated that Council needed to review the project and noted that Council needed to set a public hearing on the feasibility study in order to keep on the established timeline. Mr. Peterson then reviewed the plan. Council Member Capra questioned whether the trail would be constructed during Phase I. Mr. Peterson indicated that due to the grading that would need to be done in the area of the trail during Phase II the trail will not be constructed until grading is completed. He then noted there is a triangle piece of trail that will be constructed during Phase I as it would not be accessible after homes are built. Council Member Capra questioned whether the City could mark a crosswalk on a County road. Mr. Peterson indicated the City would need to ascertain County requirements. Council Member Nelson questioned whether either the Parks and Recreation Committee or the Planning and Zoning Commission had reviewed the plan. Mr. March explained that the City has not committed to going forward with the project as there has been no final plat approval, no finalized Developer's Agreement, and the MUSA swap has not been completed. Mr. Hannah stated that the MUSA consultant planned to have the documentation completed by June 13, 2001. He then indicated that he planned to forward the Developer's Agreement to Mr. Hoeft for review within a week to 10 days and that the City should have it for review sometime during the month of June. Mr. Hannah further explained that the final plat should be available sometime mid-June to July 1,2001. Council Member Capra questioned whether the public hearing could be held without the MUSA swap approval. Mr. Hannah explained that the City needed to hold the public hearing and then submit the MUSA swap plan to the Metropolitan Council who should be able to provide an answer within two (2) to three (3) weeks. Mayor Swedberg asked that Mr. Hannah have documents ready ahead of the hearing for Council review. Mr. Hannah stated he would have documents to Council ten (10) days prior to Council consideration. Mr. March noted that Council has a copy of the 429 process and noted that the feasibility report is the beginning step. Mayor Swedberg questioned whether Phase ill would address access issues for the two (2) properties to the north. Mr. Hannah explained that there would be a connection street named Partridge Place allowing access to Pheasant Lane. Mayor Swedberg questioned whether the developer needed to build Partridge Place or whether the cul-de-sac could stay. Council Member Broussard Vickers stated that both the Police and Fire Departments may have a comment concerning closing otfthe street. Page 7 of 12 City Council Meeting Minutes May 23.2001 Mr. Ffllnnah stated that, as designed, it does not look like it would be difficult to take out the street but stated he questioned whether it is practical to change the street this fur into the process. Mr. Hoeft indicated there would be no problem with proposing that the area remain a cul- de-sac when the final plat is presented. Council Member Capra recommended that Mr. J-Jannah check with the police and fire departments to detennine whether they would have an issue with the street remaining a cul-de-sac. Mr. March stated that as there is no turn around on Pheasant Lane, the cul-de-sac would need to be modified. Mr. Brian Walters, 1855 Quebec, stated the Parks and Recreation Committee are unsure of the location developer intended on placing the trail. Mr. Hannah stated that the two (2) requirements presented to him were that the trail connects to the Hunter's Crossing trail and continue to the northeast corner and run through the upland area. Motion by Council Member Broussard Vickers. second by Council Member Travis to set a public heann!! on the presented feasibility study for June 13. 2001. All in favor. Motion carried unanimously. Council Member Broussard Vickers questioned the easement acquisition costs and assessment amounts were determined. Mr. Peterson indicated they were estimated amounts. Council Member Broussard Vickers stated that there would be a resident who was unhappy with the assessments and easement request as he was under the impression that the property would not be developed. Mr. Peterson explained that whenever sewer and water are extended, the assessment amount is based on the nwnher offeet offrontage. Council Member Broussard Vickers questioned the relationship of these assessments for this improvement project and how they are related to the project to the north. Council Member Broussard Vickers stated that most of the cost was bore by the developer. Council Member Broussard Vickers also stated that the assessments for residents seemed high in this case. Mr. Peterson stated that Ground Development would pay for 93% of the overall costs to run the services. Council Member Broussard Vickers questioned what percentage, in relation to where there are residents, the developer is paying. Mr. Peterson indicated the developer is paying 500/0 of the costs where there are residents. He then explained that the difference could be because there were not clear-cut frontages for the assessments to the north. Page 8 of 12 City Council Meeting Minutes May 23,2001 Council Member Broussard Vickers pointed out that the developer owns almost half of the land and the other developer owned very little of the land. Mr. Match stated the percentage the developer would be paying is 44% or $51,000 out of total $115,000. Mr. Peterson stated that the assessment amounts could be adjusted. Council Member Broussard Vickers stated she felt the developer would need to pay 50% of the cost and 50% of the other side as the developer owns the property. Mr. March indicated that the assessments would be discussed and considered at a public hearing. Mayor Swedberg questioned whether the two (2) exception properties to the north would be assessed for water service. Mr. Hannah stated that he had agreed to pay to stub the water service to the lot line for both lots. Mr. Hannah asked Mr. Peterson to indicate on the plan that the service for those two (2) lots would be the same as the City prepares for the lots to be sold in the development. Council Member Broussard Vickers questioned whether there were any major issues that Council should be aware of. Mr. Peterson stated that Council would need to discuss the Lundblad, Schoeberlein, and Wilharber properties. 6. Lifetime Achievement Awards Council Member Capra stated that the Committee had met to review two (2) nominees and had decided to recommend awarding the Lifetime Achievement Award to both, Mr. Tom Wilharber and In Memory of Mrs. Sharon Smith. Council Member Capra requested Council approval of same. Motion by Mayor Swedbeh!. seconded by Council Member Nelson to approve Mr. Tom Wilbarber and In Memory of Mrs. Sharon Smith for lifetime achievement awards. AU in favor. Motion carried unanimously. X. CONSENT AGENDA 1. The City ofCenterville May 10, through May 23,2001 Expenditures. 2. Centennial Fire District Expenditures. 3. Successful Completion of Year 7 (Public Works Director/Building Official, Paul Patzer) Recommend Step Increase from Step 7 to Step 8. 4. Temporarily Suspend Publishing the Newsletter. Motion by Council Member Capra. seconded bv Council Member Nelson to approve Consent Aeenda Items 1. 2. 3. and 4 as presented. All in favor. Motion carried unanimouslv. XI. COMMITTEE REPORTS Page 9 of12 City Council Meeting Minutes May 23, 2001 Council Member Capra reported that the Cable Commission moved its meeting in June to the same night as the Council meeting so the City would not be represented at same. Council Member Broussard Vickers questioned whether Council would be requested to approve the candidate to fill the vacancy on the Planning and Zoning Commission at this meeting. Mr. March indicated that Mr. Wilharber was at the last meeting and expressed interest but had not submitted a letter. Council Member Broussard Vickers indicated that. in discussions after the last Planning and Zoning meeting, it was determined that the Planning and Zoning Committee wanted to make the recommendation without a written submission from Mr. Wilharber. Council Member Capra stated she would rather wait until Council received a recommendation from the Committee. Motion bv Council Member Travis. seconded by Council Member Broussard Vickers to approve tbe appointment of Mr. Tom Wilbarber to tbe Plannin!! and Zonin!! Committee pendine approval of the Plannine and Zonin!! Committee. All in favor. Motion carried unanimously. Council Member Nelson requested clarification on Page 2 of the Planning and Zoning Commission minutes concerning a standard landscaping plan within the City. Mr. March stated that a statement regarding same had been made by a town home resident unhappy with the landscaping in their development. The resident requested a standard landscaping plan for the City. Council Member Nelson stated that the last EDC meeting had lacked a quorum and she feh that in the future, it would be appropriate for members that are unable to attend, contact City Hall. Council Member Broussard Vickers stated that the Parks and Recreation Committee had received requests to have the satellites relocated in some of the parks. The Public Works Department bas completed same. Mayor Swedberg explained that residents were concerned for inappropriate activity occurring in/around the satellites. Mayor Swedberg stated that residents were advised to contact Centennial Lakes Police Department when they witness suspicious activity. Council Member Nelson questioned whether the Lions would have ample funds to construct a concession building at Laurie LaMotte Memorial Park this summer. Mr. March stated that he did not anticipate that the concession building would be constructed this year as the City is waiting to find out if it receives grant funding and the Lions do not have funds for materials at this time. Page 10 of 12 City Council Meeting Minutes May 23, 2001 Council Member Capra stated that on Page 3 of the Parks and Recreation Committee minutes it noted that the Committee was going to speak to the church about using more of its property. Council Member Capm stated that she feh that an issue such as that should come to Council and Council should make the contact with the church. Council Member Broussard Vickers clarified that the Committee has two (2) members that are members of the church and as this is a request to use the land for soccer fields, the Committee feh that it was appropriate to have same contact the church. Council Member Capra stated she feh the issue should have come before Council. Council Member Broussard Vickers stated that the Committee saw the issue as strictly a Parks and Recreation issue that they took measures to handle. Council Member Nelson questioned the comments on Page 5 of the Parks and Recreation Committee minutes that indicated a resident had wanted to rent the softball fields but would not be allowed to. Council Member Broussard Vickers explained he is a coach who wanted to reserve the softball fields at certain times. She further explained that he is part of the Centennial Little League and there is already a structure they are supposed to use and go through. The Parks and Recreation Committee decided not to circumvent the system. She also noted that the fields were already booked. XII. ADMINISTRATOR'S REPORT Mr. March reported he had received a call from a gentlemen interested in a garden plot behind City Hall. He then asked if Council would allow garden plots. Consensus was to allow garden plots behind City Hall. Mayor Swedberg noted that, if needed, the Boy Scouts could add dirt and prepare plots one (1) at a time as interest grows. Mr. March reported that the City would need to reserve a room for the holiday party if the City desired to hold the event at Majestic Oaks again this year. He then asked if the event would be enlarged or kept the same size as last year. Consensus was to retain the same size event as in previous years and to direct Staff to reserve the room for December 14, 2001. Mr. March reported that the tornado siren had been delivered to the Public Works site and noted that Mr. Bennett is working with the electrician to install the siren on City Hall property. Mr. March reported that he had attended a meeting in Blaine concerning the countywide radio system. He noted that the system would cost approximately $12 million dollars. He then explained that, in the past, there have been federal funds available for fimding Page 11 ofl2 City Council Meeting Minutes May 23, 2001 communication systems. but that may not be the case this time. He further explained that the City could be looking at a cost of between $2 and $5 million dollars for the handheld units. He then noted that the City would be looking into various ways to pay for the equipment, including asking the County to supplement the cost. XllI. ADJOURNMENT Motion by Council Member Nelson. seconded by Council Member Capra to adiourn the Mav 23. 2001 City Council Meetin2 at 9:00 p.m. AU in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial. Inc. Proofed by: r--~~- J ). ./ . ~~iU<<-11~ ~ Teresa Bender, Clerkffreasurer Page 12 of12 .. CITY OF CENTERVILLE CITY COUNCIL MEETING JUNE 13, 2001 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly meeting on June 13,2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Marl Nelson Council Member Linda Broussard Vickers (arrive unc meeting to order at 6:30 p.m. ABSENT: None. STAFF: City Administrator, Jim March City Engineer, Tom Peterson City Attorney, Jim Hoeft I. II. at Mr. Tom Wilharber's lot split be placed under e son re ested that Mr. March update Council on the Ojibway Drive o ank reimbursement issue under the Administrator's Report. u ate as to whether The Quad Community Press was receiving the . March. facsimile received at City Hall from Amacomp, Inc. regarding Council Member Nelson seconded b Council Member Ca ra to he a enda as amended. All in favor. Motion carried unanimousl . III. PUBLIC HEARING (S) 1. Pheasant Marsh Feasibility Study. Page 1 of 25 Motion bv Mavor Swedbere. seconded by Council Member Capra to open tbe public beann!!. All in favor. Motion earned unanimouslv. Mayor Swedberg opened the public hearing at 7:42 p.m. Mr. Peterson gave a brief overview of the proposed development and indicated that there would be seventy-seven (77) residential lots constructed in three phases. He then indicated that the improvements for sewer and water would run along the east side of Centerville Road. Mr. Peterson noted the draft report for assessments was meant to generate discussion and the assessments were based on front footage. He then noted there are three (3) properties to be assessed. Mr. Peterson indicated that the two (2) exception properties to the north would not be assessed as Ground Development had agreed to stub the water lines to the property line. Terry Hannah, Ground Development, indicated he was not sure if there needed to be an assessment or not as the agreement with the two (2) property owners was to bring water to the curb in front of their houses. Mr. Peterson indicated there would not be a need for an assessment for those two (2) properties. Council Member Nelson indicated that the previous assessment for Mr. Wilharber totaled $45,653 and was reduced to $22,826, which is half of the original assessment. She then noted that the Dide assessment was approximately $1,638, more than half. Mr. Peterson indicated there was a charge to run the pipe from the center to the edge of the road. Mr. Peterson explained the formula he used to arrive at the assessments for the Dide residence and noted that typically both sides of the street would be assessed but indicated there is no one to assess for the other side in this situation. He then indicated the remainder of the assessment falls to Mr. Wilharber and Ground Development with the majority going to Ground Development. He further noted that Mr. Vanderbeek could not be assessed again and noted he had added that cost to Ground Development. Mayor Swedberg indicated that no matter which formula is used, the estimate to the City is $37,000 and noted there are really four (4) entities paying for the improvements, the City, Ground Development, Wilharber and Dide. Mr. Peterson indicated that Mr. Vanderbeek was assessed more than any of the three (3) options on his property last year because that is the way the numbers worked out for that assessment. Page 2 of 25 Council Member Nelson questioned whether the costs were the same for Hunter's Crossing. Mr. Peterson indicated that the Hunter's Crossing assessments were slightly less as, in this development, the improvements need to be run farther than for Hunter's Crossing. Mr. March indicated that trunk costs are accounted for in the sewer and water fund. Council Member Nelson questioned whether Council needed to select an assessment schedule or if it would be completed at the public hearing meeting. Mayor Swedberg indicated that the Comprehensive Plan does not show Dupre Road connecting to Centerville Road and questioned whether the Comprehensive Plan needed to be modified. Council Member Broussard Vickers indicated the Comprehensive Plan was a general guide as far as actual streets go and indicated the main issue governed by the Comprehensive Plan is land usage. Mr. March indicated that the consultant had modified the form to indicate that the entire development entered into MUSA rather than the City needing to amend the Plan at a later date. He further noted that the consultant had indicated that the Metropolitan Council has modified its policy on development and is encouraging cities to develop as rapidly as they desire. Mayor Swedberg questioned whether there would be a sidewalk along Dupre Road as it is a collector street with faster traffic. Mr. Hannah stated he did not have the plan with him, but stated he believed there was a sidewalk indicated on the plan as is required. Council Member Travis indicated that there is a sidewalk on the north side of Dupre Road. Mayor Swedberg questioned pond cleaning and whether access would be available. Mr. Peterson indicated the City would be responsible for cleaning out the pond and said it would need to be done once every ten (10) to twenty (20) years. Mayor Swedberg asked if there was a plan in place for a turn lane on Centerville Road. Mr. Hannah indicated that he would need to comply with Anoka County highway requirements. He then indicated he thought there might be a need for a turn lane. Mr. Peterson indicated he did not think there would be a need for a turn lane. Mr. Vanderbeek, 6892 Centerville Road, told Council that driveway access would need to be maintained at his residence during construction as his wife operates a daycare business out of their home. Mr. Hoeft indicated the developer is required to maintain ingress and egress for them. Page 3 of 25 Mr. Vanderbeek indicated that he had granted the City an easement when the Hunter's Crossing development came in and was still owed several trees. He then indicated that he is having some flooding problems with the ditch where the developer put down sod rather than leaving it low. Mr. Peterson indicated that the issues with Mr. Vanderbeek's property would be resolved during the construction ofthis new development. Mr. Vanderbeek indicated he could not believe that two (2) pieces of property the same size could be assessed two (2) different amounts one (1) year apart for the same improvements. Mr. Peterson indicated there was more than one (1) option for assessments on the new development and noted that there are different costs associated with each new development which led to the difference in assessments. Council Member Broussard Vickers indicated that different projects have different costs, but noted that they are paying the same percentage of the improvements even though it is a different number. Mr. Vanderbeek felt that Council needed to standardize the assessments for residents' improvements. Mayor Swedberg questioned whether the assessment methods have been consistent in the past. Mr. Hoeft indicated that the City mayor may not have an assessment policy in place. If an assessment policy is in place, the policy would describe how improvements are typically assessed. Mr. Hoeft stated that the City needs to complete two (2) items. The first is to establish that the method of assessing the amounts was an acceptable method and the second is to determine whether the assessment to the property is less than or equal to the benefit to that property. He further noted that, if the benefit were equal to or less than the benefit to the property, the assessment would stand. Council Member Capra questioned whether the final numbers for Hunter's Crossing were higher. Mr. Hoeft indicated that they were but also noted the figures from the middle column on the report were the same percentages as used in Hunter's Crossing. Mr. Hoeft indicated that it is not uncommon to have higher assessments as the costs of the project can change. Mr. Hoeft indicated the City does not need to use the same method as was used for Hunter's Crossing but indicated that Council may feel it needs to be consistent and do so. Mayor Swedberg asked if the method used is the common method. Mr. Hoeft indicated that the Hunter's Crossing development and this development are very similar and noted Page 4 of 25 ~ that there may not be other developments that are comparable so the assessment methods used in other developments may not be the best guide for how to assess this development. Mr. Vanderbeek questioned the elevation of the property behind his property. He then asked if the ditch would stay open behind him. Mr. Peterson concurred and stated that it will drain the entire Phase I portion of the project. Mr. Vanderbeek indicated the pond in back of his property acts as a stopgap for runoff in the spring holding water until it runs out into the ditch. Mr. Vanderbeek stated that if the elevation of the property behind him changes the water would flow onto his property rather than into the pond and out to the ditch. Mr. Hannah indicated he would talk to the engineers; however, the area Mr. Vanderbeek was referring to, would remain untouched, open space and should continue to hold water as it currently does. Mr. Vanderbeek indicated a previous plan for the property had contained a pond and this plan does not. Mr. Vanderbeek stated concern that because there was no pond on this plan. Council Member Broussard Vickers questioned whether the ditch had ever been cleaned out. Mr. Vanderbeek indicated it had not been cleaned out in the fifteen (15) years he had owned the property. Mr. March stated that he thought the ditch was cleaned several years ago. Mayor Swedberg requested that Mr. March forward a letter to the Rice Creek Watershed District requesting them to consider cleaning the ditch. Mr. Vanderbeek indicated he had given the Metropolitan Council an easement on his property to run sewer and they closed the ditch with the work they completed. Mayor Swedberg stated that the Metropolitan Council had not completed repairing the yards that were tom up during construction and noted there is erosion as a result. Mr. March indicated the Metropolitan Council was not completed with the project. Mr. Vanderbeek indicated the Metropolitan Council had three (3) months remaining to finish the project. Mr. Hannah indicated that the delineated wetland area has to be protected during construction with silt fencing. Mr. Hannah stated that the Watershed District would monitor construction to make sure the wetland area is properly protected. Mayor Swedberg summarized Mr. Vanderbeek's issues to be that he is owed several trees, flooding in front of his property, his wife's daycare business needs access during Page 5 of 25 construction and the manhole cover is underwater. Mayor Swedberg stated that Mr. Vanderbeek had indicated a concern for drainage behind his property. Mr. Wilharber indicated there were some properties along Centerville Road that were unable to be assessed due to side-yard frontage, which increased the costs for others. Mr. Wilharber indicated that the developer cannot put more water on your property than is already there. He then indicated that there were ponds behind his property and that he was concerned that the ponds would become larger. Mr. Hannah has indicated no additional water would be put on his property. Mr. Wilharber indicated that the ditch behind Mr. Vanderbeek's house is not a County ditch but was created by farmers who worked together to create a series of ditches to drain their properties out to Centerville Lake. He then indicated that the only County ditch in the area is Ditch #47. Mr. Wilharber indicated that the ditch Mr. Vanderbeek has an issue with also drains his property on the west. He then noted he had talked to Mr. Hannah about his concern for drainage. Mr. Wilharber indicated he received sticker shock when he received the first estimated assessment amount. Mr. Wilharber stated that a portion of his property is not in MUSA until 2006 and the remaining portion in 20 II. He further noted it is pretty tough to swallow the assessment amount, as the property will not be in MUSA for quite some time. Mr. March indicated that the Metropolitan Council had indicated they would approve putting the entire City in MUSA. Mr. Wilharber stated that Mr. Peterson stated that typically both sides of the street are assessed. Mr. Wilharber questioned why a portion of Hunter's Crossing is not being assessed to run the improvements down to the new development. He further noted he thinks the City should look at doing so. Mr. Wilharber stated that, if the development goes through, he would like sewer run under the road to him allowing a future hook up. He also stated that this would be in the best interest of the City, as they would not disturb the outlet for the new development to run sewer to his property in the future. Mr. Wilharber stated that he would like to pay for the costs to run the sewer under the road to the point where a roadway would be put in when his property develops in the future. Mr. Hannah, stated that he had been receiving a multitude of information and noted he has had trouble contacting some of the players on his side of the deal to discuss the Page 6 of 25 information. Mr. Hannah also stated that he would like two (2) weeks to consider the assessment amounts and additional information. Mr. Hoeft indicated that Council did not need to determine the assessment method at this meeting and could wait for the public hearing. Mayor Swedberg questioned whether there was a maximum dollar amount for assessments that would make the developer decide not to proceed. Mr. Hannah indicated he could not speak to the number as the money would come out of the principal owner's pocket, not his. Mr. Hannah stated he needed time to review the matter with all the players. Mr. Hannah indicated he would like two (2) weeks to review the matter and would like the public hearing held in two (2) weeks. Mr. Hoeft noted that, at the assessment hearing after receiving public input, Council might decide to spread the assessments differently. Mayor Swedberg indicated he would like Council to try to find a consistent method for calculating assessments. Council Member Broussard Vickers stated that, in prior years, there have not been projects that went long stretches that affected other property owners until the Hunter's Crossing project and this one. The City has not had a need to address issues similar to this in the past. Council Member Broussard Vickers noted the City is trying to accomplish the best procedure for the most people and stated she feels the City did a good job with the assessments for the Hunter's Crossing development. Mr. March noted the City does have an assessment policy and he reviewed it hoping it contained black and white language as to how to do the assessment. He then noted that the document leaves a large amount of discretion for Council to determine the assessment method, provided the assessment does not exceed the realized benefit to the property. Mr. Hoeft indicated that it might be possible to defer assessment for the Wilharber property, as they are not able to use the improvements at this time. Mr. Hoeft indicated that under State Statute, the City is allowed to charge interest at any rate it desires, provided it does not violate the usury laws. Mr. Hoeft also stated that if the City desired, it did not have to charge interest on the deferred assessments. Mr. Wilharber indicated that he realizes there would be a benefit to his property; however, paying almost half of the assessment and not being able to realize the benefit until several years down the road seems unfair. Page 7 of 25 Council Member Travis noted that Mr. Wilharber's property could develop in a manner similar to Hunter's Crossing where there are several sideyards fronting on Centerville Road. He then indicated that those with sideyards would not be able to be assessed for improvements running along Centerville Road. Mr. Wilharber indicated there could also be a wetland fronting Centerville Road. Council Member Nelson indicated that this development seemed a lot like Hunter's Crossing. Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to close the public hearin~. All in favor. Motion carried unanimously. Mayor Swedberg closed the public hearing at 8:55 p.m. Council recessed at 8:55 p.m. Council reconvened at 9:08 p.m. IV. APPEARANCES/AWARDS 1. Mr. & Mrs. Michael Baron, 7121 Centerville Road Ms. Baron stated that she and her husband were not pleased with the method in which Mr. March chose to handle their situation. She indicated she and her husband were excluded from the inspection and did not have input in same. Ms. Baron questioned why they were not told of the inspection, which led to the citation. Ms. Baron indicated that she and her husband feel they had a right to be present at the time of the inspection and noted that, had they been there, they could have started all of the vehicles and explained where all the different articles in the yard would be used. Ms. Baron then handed out to Council a list of more than 40 homes also in violation of Ordinance #4. Council Member Nelson questioned whether Ms. Baron wished to make a complaint against the residences listed, as the ordinance is enforced by complaint. Ms. Baron indicated she and her husband were at the meeting to obtain information as to why they were not informed of the inspection. Ms. Baron stated that she had received copies of documents out of their folder at City Hall and found an e-mail dated June of 1999, which referenced to her husband's health. Ms. Baron questioned why the City was discussing her husband's health and indicated she was very disturbed by the e-mail and feels their privacy has been invaded. Page 8 of 25 Ms. Baron indicated she and her husband had received an extension on January 9, 2001 due to weather. She then suggested that there might be a conflict of interest involved in the way the issue is being handled. Ms. Baron indicated they have new neighbors who have gotten involved in the petition with the ongoing harassers. She noted she and her husband have sought legal advice and were told to seek restraining orders against two (2) of the neighbors. She then asked for clarification as to why the City was discussing her husband's health and what it had to do with this matter. Mr. Hoeft indicated that since a citation had been issued Council needed to be cautious when discussing the matter. He then indicated that, if the Barons wish to propose some type of resolution, he would document that and forward it to Council for input. Ms. Baron indicated that the lawyer they discussed the matter with indicated the City is looking for compliance with the citation. She then noted the citation is vague and asked what about her property was specifically not in compliance. Mr. Hoeft indicated he would make a note of the request and noted that when the Barons make their court appearance they should request the same information at that time. He then noted that, if the information is in the court file, he would give it to them and if it is not, he would get the information from Mr. March. Ms. Baron questioned why there were e-mailsconcemingherhusband.shealth.Mr. Hoeft indicated he was not aware of the e-mails and could not comment. Council Member Nelson indicated that she would need to review her notes but stated, to the best of her recollection, she had received a call from a neighbor with a complaint that she forwarded bye-mail to City Stafffor review. Mr. Hoeft indicated that Mr. March had provided him with a copy of a document that had given the Barons a two (2) week extension to bring the property into compliance and noted that the extension was granted based on the fact that Mr. Baron had injured his back at work. Mayor Swedberg indicated that the proper venue for this discussion was now District Court. Mr. Hoeft indicated that any information that the Barons wished to provide is welcomed, but stated it should also be provided in the proper forum and noted that is at the District Court proceeding. Ms. Baron indicated her intention was to attempt to resolve this matter the easy way. She then indicated that her husband may have hurt his back and, if that is the case, then she apologizes. Page 9 of25 Council Member Capra asked Mr. March to make sure that Ms. Baron has all the information from her folder. Mr. March agreed to do so. Ms. Baron indicated she had intended to ask for a second inspection. Council Member Capra asked if residents are usually present for inspections. Mr. March noted that, in reviewing the Barons' file, he discovered the City has sent out 11 notices in regards to ordinance violations over the last 13 years. He noted there were more prior to his arrival the City. He then noted that Mr. Palzer and an officer viewed the property from the street because Mr. Palzer had called twice to schedule the inspection and was unable to reach the Barons. He further noted that when the officer viewed the property, it was at his discretion whether or not to issue the citation and he felt the citation should be issued. Ms. Baron questioned the City's intent regarding the 40 (forty) residences on the list she had provided. Mr. Hoeft stated that, if Ms. Baron desires to make complaints against the 40 (forty) residences, then the information would be forwarded on to Mr. Palzer or an officer to view the properties. Ms. Baron indicated she is concerned that she and her husband are not being treated the same way as any other citizen in the community. She then noted that, if it is not okay for them, it is not okay for the other properties. Mayor Swedberg questioned the period of time the Barons would have to resolve the matter prior to going to court. Mr. Hoeft explained that there is an ample amount of time between the issuance of a citation and the start of a jury trial. Council Member Capra questioned the possibility of resolving the matter prior to going to court. She then questioned who would determine what resolution would be required. Mr. Hoeft indicated that, if at this point in time the Barons have a proposal for bringing the property into compliance, they should propose it to his office either before their first appearance, at the appearance, or after the appearance. He then noted he would forward the proposal to Mr. March for Council consideration and, if the proposal is adequate, the action would be suspended. Mr. Hoeft indicated that he would not receive any information on the file until the first appearance. He then noted it might be possible to obtain information from Mr. March if the Barons wished to discuss the matter prior to the first appearance. Ms. Baron indicated it would be helpful to them to know what the problem was. Page 10 of25 Council Member Capra asked if Mr. March could get the information for the Barons. Mr. March indicated he would get the information from Mr. Palzer. Council Member Capra questioned whether mediation would be allowed for this matter. Mr. Hoeft indicated mediation would not be allowed at this time. Mayor Swedberg noted there was still a window open for the Barons to bring the property into compliance. Ms. Baron indicated she understood that. Council Member Capra indicated that, on a personal note, she knows how stressful these situations can be and stated she hoped resolution could be obtained. Ms. Baron asked when she could get information from Mr. March. Mr. March indicated he would have Mr. Palzer contact her tomorrow with what needs to be done to bring the property into compliance. 2. Mr. Steve McDonald (Abdo. Abdo. Eick & Meyers) Mr. McDonald, Abdo, Abdo, Eick & Meyers, reviewed the audit with Council and pointed out areas where improvements could be made with the City's record keeping. Council Member Capra asked how the size of Centerville falls based on the sizes of the other cities he audits. Mr. McDonald indicated Centerville fell right in the middle for the size of cities he audits. Mayor Swedberg indicated the management letter provided by Mr. McDonald was helpful and well written and thanked him for it. Council Member Nelson asked whether the discrepancies related to year-end adjustments were due to not doing monthly bank reconciliation's. Mr. McDonald indicated he would need to look at the details to be sure but stated he feels year-end issues would playa role. Mr. McDonald indicated he could schedule a meeting to discuss reporting formats and what Council would like to see. Consensus was to arrange a meeting to discuss reporting formats. Mayor Swedberg asked if the City could get to the point of compliance with the new laws. Mr. McDonald indicated that the City could get to the point of compliance. Mayor Swedberg asked if depreciation would affect budgets. Mr. McDonald stated the City should change to follow the financial statement format. He then noted the new laws would need to be implemented by 2004 and would show up in the audit for 2005. Page 11 of25 Mayor Swedberg thanked Mr. McDonald for his presentation and asked that he work with Staff in regards to this matter. V. CONSIDERATION OF MINUTES Council Member Capra requested the following change: On Page 3 of 12 she asked that Staff review the tape to determine her suggestion for sharing the responsibilities for Ojibway Drive. Council Member Broussard Vickers requested the following change: On Page 7 of 12 change her comment to indicate that she had said police and fire may have a comment concerning closing off the road. Motion bv Council Member Nelson. seconded by Council Member Travis to aoorove the May 23. 2001 Council Minutes as amended. All in favor. Motion carried unanimouslv. VI. PETITIONS AND COMPLAINTS None. VII. UNFINISHED BUSINESS None. VIII. OLD BUSINESS 1. Downtown Revitalization Mayor Swedberg indicated that there was a meeting last night to discuss the downtown revitalization project. Mr. March indicated that the purpose of the meeting was to gather input in regards to the project. He then indicated that there were thirteen (13) property owners in attendance; eight (8) of ten (10) with property on Centerville Road were not in favor of having water service. Council Member Capra questioned whether the City has a process for verifying the signatures on a petition that is received. Mr. March indicated that the process is that the clerk is required to measure and certify that 35% of the property owners for the scope of the project have signed the petition. He then indicated that the clerk had indicated that Staff had checked and 35% of the property owners had signed the petition. Council Member Broussard Vickers questioned whether the requirement was 35% of the number of lineal feet of the project. Mr. March indicated that the requirement is 35% of Page 12 of25 the total project which is 1,000 feet oflineal water main which means there needed to be property owners totaling 350 feet that signed the petition. Mr. Bill Bisek, 7098 Centerville Road, indicated he was at the meeting last night and left fairly discouraged with some of the remarks and the actions of some of the neighbors in the area. He then indicated that based on previous research, there has been interest in downtown revitalization. Mr. Bisek indicated that he feels in order to revitalize the downtown area; the City needs to bring water services to the downtown area. He then noted that the discussion turned ugly and disrespectful to Council and the Mayor and there was very little discussion concerning water. Mr. Bisek indicated that even though his neighbors felt that the assessment is a major part of the issue, they are also uneasy about the development of the downtown area and they are using same to try and nix the project. Mr. Bisek indicated he could understand not wanting to pay for something that you do not need but noted that at some point water will be needed and then it will cost more to run water downtown. He also noted that six (6) property owners in his area out of the nine (9) had expressed an interest in receiving improvements. He further noted the City would benefit, as a whole, if downtown were redeveloped and improved. Council Member Nelson asked if Mr. Bisek had spoke with his neighbors prior to the hearing or if he was surprised by the negative feelings rose at the meeting. Mr. Bisek indicated he was not surprised that his neighbors rejected the idea but noted he was surprised by the behavior that was exhibited. Mr. Bisek indicated that the downtown is a Mixed Use district and noted that the business owners communicate with one another and attempt to maintain good relations with the residents in the downtown area. Council Member Nelson asked if Mr. Bisek was waiting for water before doing some updating at Kelly's. Mr. Bisek indicated he had been waiting for five (5) years and said it is frustrating from his standpoint, as Kelly's has no curb appeal. He then indicated that he would like to have a parking lot that does not flood every spring, but said it does not make sense to pave the parking lot only to have to repave it when water does come to downtown. Council Member Capra indicated that she felt a lot was lost at the meeting based on the feeling of residents that the City is planning on developing the Public Works site and is not telling residents what is "really going on". Mr. Bisek indicated that twenty (20) years ago would have been the logical time to bring water to the downtown area when they did sewer. Council Member Broussard Vickers indicated the City did not have the money to run water at the time it did sewer downtown. Page 13 of 25 Council Member Broussard Vickers indicated that the residents in attendance felt they were entitled to their opinion even though not all of the opinions were based on fact. She then noted that one (I) of the things she constantly reminds herself is that as a Council Member, she needs to do what's best for the City as a whole and that being influenced by a few people is not the best way to do that. Council Member Broussard Vickers asked Mr. Peterson if the City needs to loop downtown into the water system to make the water system in town better, safer, more reliable or more predictable. She questioned the ramifications of brining water to the downtown area, timing and current infrastructure. She further noted that if the City determines the need to install water service to the downtown area as it is important to the City as a whole; perhaps the City needs to pick up a larger piece of the cost. Council Member Broussard Vickers indicated she is not willing to abandon the idea at this point, but feels further research should be done. She then noted she would like the City Engineer to provide input and a report with definitive information prior to further consideration. Council Member Capra stated she would like to look into whether building an additional water tower and looping the downtown area would be important with the new water tower system. She then asked Mr. Wilharber if he knew how the church intended to proceed with its expansion. Mr. Wilharber indicated he is on the committee that is reviewing the expansion and noted the church is looking at installing bathrooms on the east side. Council Member Capra noted that if the church does add bathrooms on the end, it would be a great benefit for them to have City water. She then noted that the church's decision might be a large factor in how the project proceeds. Mayor Swedberg stated that he supports the Minnesota Design Team but noted that he had heard that residents do not want water downtown. He then suggested the City Engineer determine whether it is possible to provide water to the one (I) block of downtown that is interested in water without affecting other people. Mr. Peterson indicated City water could be brought to the Kelly's block but noted it may be possible to bring water to the Kelly's block by extending water south on Centerville Road. Mr. Bisek indicated that there were three (3) residents on his block not interested in water servIces. Mayor Swedberg noted the proposal, as presented, did not meet what residents would like to see. He then noted if the City were going to achieve downtown revitalization, the proposal would need to be reviewed and changed. Page 14 of25 , . Council Member Capra asked if it was more costly to do a small-scale water project than a larger one. Council Member Broussard Vickers indicated there has been situations where those affected by the improvements were not happy, but noted Council needed to keep in mind the larger scope involved. She then noted that this is one (1) block not the entire City. Mr. March indicated that if there were to be a water main break at the intersection by the Rivard building, the sixteen (16) apartments; one other building; the elementary school and forty (40) homes would be without water. He then noted it is not a good idea to have such a long dead-end stretch of water main. He further noted that if the water main were looped to isolate a break between two (2) main valves it would be beneficial to numerous people. Mr. Bisek indicated that due to the hostility at the meeting, there were at least two (2) homeowners who were uncomfortable speaking up and did not have an opportunity to be heard. Mr. Wilharber indicated that there were some aspects of the plan that he did not like, but noted some of the other items for the revitalization of downtown he approved of. He then suggested bringing water down Centerville Road from Westview to hook up the one (1) block of downtown. He also noted that the City had purchased property to be redeveloped and noted it would need to be serviced by City water and indicated he would be fine with funding the water expansion with the general fund. Council Member Nelson indicated she was not at the meeting but had heard there were residents in attendance who were not in favor of the project and stated she felt the project should be researched. She also indicated that she agreed with Council Member Broussard Vickers in that the City may need to pick up a larger portion of the cost to bring water to the downtown area, but stated that residents should be assessed as they do receive a benefit. Mr. Peterson indicated that the figures presented at the meeting assumed the City would pay twenty-five percent (25%) of the costs to bring water to the downtown area. He then indicated that the City percentage could be increased. Council Member Travis indicated he felt the downtown revitalization project is a good idea, as it would benefit the entire City. He then stated that there was a large amount of vocal opposition and the point made was that some of the residents just plain did not want it. He further indicated if it were possible to defer assessments until the resident hooks up or something on that order, more residents might be in favor of the project. Mayor Swedberg indicated he got the sense that many of the residents do not want development in the downtown area. Mr. March clarified that the City is not talking about any development other than the Public Works site. Page 15 of25 . ' I I Council Member Capra indicated that a small portion of the people in attendance could not be convinced that there was not a prearranged plan that the City is not telling residents about. Council Member Broussard Vickers indicated the City has 3,000 residents and noted that there were 25 people at the meeting. She then indicated that Council represents all 3,000 residents not just the 25 that were in attendance and noted that Council has faced this issue time and again with every development. She further noted that with every issue Council faced with, there would always be some opposition. Mr. March indicated that when Council holds meetings concerning controversial issues, the City could request to have law enforcement present to maintain order. He then noted that people behind him were making comments that they were uncomfortable due to the hostility. Council Member Capra noted she felt the Mayor should have been behind the dais in order to utilize the gavel and maintain order. Mayor Swedberg indicated that more research was needed in order to find a way to come together and be reasonable. Council Member Broussard Vickers indicated it might not be possible to reach a consensus. 2. 21 st Avenue (Joint Powers Agreement & Feasibility Study) Mr. March indicated the City of Lino Lakes had forwarded a revised Joint Powers Agreement and Feasibility Report, which had been approved by its Council on Monday evening. He then noted that the agreement is contingent upon Centerville's approval. Mr. Hoeft reviewed areas of the document that he felt should be modified in order to better protect the City's interests. Mayor Swedberg indicated he felt the road was designed incorrectly as Dupre Road is wider than they have made 21 st Avenue and it is intended to be a major intersection. He then indicated that this is one (1) ofthe reasons he had said he would like to see a traffic management study prior to proceeding. Council Member Capra questioned who would be conducting the inspections. Mr. Hoeft indicated that according to the document the primary inspections would be conducted by the City of Lino Lakes and that Centerville has the right to comment but has no real remedy. Council Member Capra suggested containing language that would give Centerville the right to approve the design. Mr. Hoeft indicated he would need to discuss the matter with City of Lino Lakes. Page 16 of25 .. j I t Mayor Swedberg questioned what would happen if costs are incurred and the City of Lino Lakes decided to pull out of the project. Mr. Hoeft indicated that if either City pulls out of the project, each City is still responsible for fifty percent (50%) of the costs incurred to the point of the contract being awarded. Mayor Swedberg indicated he would like to know the full costs up front. Mr. Hoeft indicated it might not be possible to know the full costs, as there may be change orders along the way that could either increase or decrease the amount. He then indicated that the City of Lino Lakes is looking for progress payments on a monthly basis but have not indicated how that would be implemented. Council Member Travis questioned whether Mr. Palzer had an issue with the snow plowing language. Mr. March indicated he did not believe so. Mayor Swedberg indicated he felt a traffic management study was needed, as he is concerned that the Dairy Queen is a natural magnet for kids. Mr. Peterson indicated he felt there should be a sidewalk for pedestrian safety. Mayor Swedberg stated he feels Centerville needs to be more involved in the upfront planning and collaboration. Mr. Peterson indicated that in reviewing the costs for the project, if there are three (3) properties that could be assessed and then noted that the total assessment for each of the properties would be $37,600 per parcel, based solely on the costs for the project. Council Member Broussard Vickers asked whether the three property owners have indicated whether or not they want the road. Mr. March indicated that two (2) of the three (3) property owners have indicated they wanted the road but were unaware of the assessment amount at the time. Mr. Peterson indicated, assuming the City would pay a larger portion of the costs, that a $10,000 or $15,000 assessment would seem fair. Mayor Swedberg indicated that he did not feel that Centerville had been involved in the up front designing for the roadway and noted he feels the partnership is a little one sided. Mr. March asked what Mayor Swedberg thought the design needed. Mayor Swedberg indicated he did not think the road was wide enough and that it needed a sidewalk. Mr. March added that the road could also use a right turn lane onto Main Street. Council Member Capra asked how wide the proposed roadway would be. Mr. Peterson indicated it is proposed to be close to the width it is right now. Page 17 of25 A I \ ... Mr. March noted that, if the project goes forward, it would take significant City funds, as it would not be possible to assess the larger dollar amounts first indicated. He then indicated that the City may need to assume two thirds (2/3) of the costs to go forward. Council Member Broussard Vickers indicated she did not think this street benefited the whole City. She then questioned whether there were other roads that were built that did not assess all of the costs to the property owners. Mr. March indicated it has been done when the City reconstructs streets. He then indicated that the City is allowed to assess only those properties that benefit. He further noted that there might be a disproportionate benefit to the nine (9) lots on the east side of the road that could justify paying more than fifty percent (50%). Council Member Broussard Vickers indicated the project was being driven by the City of Lino Lakes and not Centerville. She then indicated that there are very few people on the Centerville side of the street to assess and noted the street is not going to be a commuter street. Council Member Capra questioned whether the City of Lino Lakes intends to extend the road down to Cedar Street as she could see a benefit for the lots in the industrial park. Council Member Travis indicated that extending the road to Cedar Street would be the developer's responsibility. Council Member Broussard Vickers indicated she was uncomfortable approving the agreement until Council looks at the budget for next year and noted that Lino Lake's timeline was much faster than Centerville's. Mr. March indicated he could broach the subject of the assessments with the property owners. Council Member Capra indicated a desire to be a good neighbor to the City ofLino Lakes and work with them on the figures. She then stated she did not feel the project should be abandoned but should be researched to determine the benefit to the City. Mr. Hoeft noted Council may wish to hire an appraiser to give an opinion on the benefit to the Centerville businesses so the City would have some idea as to what the assessment could be which could be used in negotiations with the City of Lino Lakes. Mayor Swedberg questioned whether the appraiser needed to be made aware that the City might require turn lanes as it could affect the proposal. Mr. Peterson indicated the appraiser could take into account what might be in the future. Mr. Hoeft indicated that the appraiser could, based on the plans he was provided, indicate what he felt the benefit to the Centerville businesses would be. Motion by Council Member Capra. seconded by Council Member Broussard Vickers to direct Mr. March to contact an appraiser to determine what the benefit Page 18 of25 II I I ... of the improved roadway would be to the Centerville businesses on 21st Avenue. All in favor. Motion carried unanimously. Council Member Broussard Vickers indicated that Staff should go ahead and continue its talks with the City of Lino Lakes and let them know that Centerville is reviewing the figures. Motion bv Council Member Capra. seconded by Council Member Nelson to table approval of the 21st Avenue Joint Powers Al!reement until more research is provided to Council. All in favor. Motion carried unanimouslv. IX. NEW BUSINESS 1. Wilharber Lot Solit Mr. Hoeft explained that he had received a request from Mr. Tom Wilharber for the approval of a lot split. He then explained that the situation came about because a deed prepared by an Attorney to transfer title of the land from Mr. Wilharber's mother to a trust inadvertently and by mistake, excepted out some property in the legal description in the wrong area of the property. He noted the exception was supposed to except out the land where Mr. Wilharber's residence is located but instead excepted out a different piece of the land. Mr. Hoeft explained that after the deed was executed, Mr. Wilharber's mother passed away so it is impossible to correct same with a new deed. He then noted that Mr. Wilharber and his siblings are looking at selling the property and in order for a Quit Claim Deed to be recorded with the County, the County has asked for Council approval of the lot split that occurred due to a part of the property being excepted out of the deed. Mr. Hoeft indicated that an attorney in his office would be correcting the mistake and properly identifying the property; but in order to do so, the incorrect deed first needs to be recorded. Mr. Wilharber told Council that in 1996 the trust was established to circumvent any issues when his mother passed away. He noted that the attorney did not record the deed and at the time he attempted to do so, he learned of the issue. He then noted that, if Council did not approve the lot split, the matter would need to go through probate, which would consume a large amount of time. Mr. Wilharber told Council he is not looking at a lot split as he and his siblings intend to sell the entire piece of ground. Motion bv Mayor Swedberl!. seconded by Council Member Nelson to a{)prove the lot split as presented. All in favor. Motion carried unanimously. Council Member Broussard Vickers was not present for the vote. 2. Pheasant Marsh Page 19 of25 . I , 1 *Feasibility Study and Resolution 01-011 Motion bv Council Member Broussard Vickers. seconded bv Council Member Travis to approve Resolution 01-011. a Resolution receivine the feasibility report and schedulin~ the Dublic heann!: for June 27. 2001. All in favor. Motion carried unanimously. *Comprehensive Plan Amendments Council Member Capra indicated that the form to be submitted indicates that this is not a MUSA expansion. She then asked what that meant. Mr. March indicated that when he spoke to the consultant, he recommended putting the entire parcel into MUSA rather than completed additional amendments in the future. He then indicated that development of the parcel could be controlled with the developer's agreement, but expressed concern for a different developer stepping in and wanting to develop the entire property all at once should Ground Development not proceed with its plans. Mr. Hoeft indicated Council needed to determine whether it is concerned with having the entire parcel come into MUSA at one time to be developed or if Council desires to control the development of the parcel by not allowing it all to come into MUSA. He then indicated that the Metropolitan Council has indicated that, due to a shortage of land, cities would be allowed to develop as rapidly as they desire. Council Member Broussard Vickers expressed concern for control of the development if the City allowed the entire parcel into MUSA at one time. Mr. Hoeft indicated that economics would drive development, as the developer would only be able to develop as fast as he is able to sell lots. He then noted that the City could control development by requiring controlled timing of the phases with a development agreement recorded against the property so that anyone who comes in would have to follow the time line set up by Council. He further indicated the same could be done for other parcels within the City. Council Member Broussard Vickers questioned how moving the entire parcel into MUSA would affect the development. Mr. Hoeft indicated that the City does not have to allow the developer do anything. He noted all the approvals do not change, as the only thing affected is whether the Metropolitan Council controls development or if the City does. Council Member Capra indicated that in the past the issue of development has been governed by the Metropolitan Council and was a restriction the City could use to control development. Mr. Hoeft indicated the City still has the same control, except now the City cannot point to the Metropolitan Council as the ones who are limiting development. Page 20 of 25 . (I I Mr. March indicated the document could be modified and sent back to the consultant if Council desired. Mayor Swedberg noted he could not believe that the Metropolitan Council was throwing out the process they had used for many years. Mr. Hoeft indicated that the Comprehensive Plan does not change; it is merely a timing issue as the Comprehensive Plan indicates that the property would be developed at some point. Council Member Nelson indicated she would like to do a MUSA swap rather than bring the entire parcel into MUSA. Council Member Broussard Vickers indicated that the school is supposed to open in 2002 to handle the proposed development. Council Member Capra indicated that due to some complications, the school might not open until the fall of 2003. Mr. Hoeft indicated that Council might desire to amend the document to what was previously agreed to in order to keep the Pheasant Marsh project on track. He then indicated that Council needed to determine whether it desires to bring the entire parcel into MUSA and regulate development or request the MUSA swap. Council Member Broussard Vickers indicated that development within the City is a bigger discussion for a different meeting. She then indicated that the primary concern was for the school and noted that if the school would be open in 2003 it did not make sense to make the land sit until 2006. Motion bv Council Member Broussard Vickers. seconded by Council Member Nelson to direct Staff to have the document revised to reflect the MUSA swap as oril!inallv al!reed to. All in favor. Motion carried unanimously. Council Member Capra commented that the development would affect the school. Mayor Swedberg indicated he did not think the development would affect the school district due to the phasing required by Council. Council Member Capra indicated that, with the delay for the opening of the new school, the school would be affected by the development. Mr. Hoeft clarified that one side of the development would be developed rather than the other and noted this should not affect the school district. 3. Waterworks Beach Club Liquor Violation This matter was tabled to the next meeting. 4. Emplovee Wages and Benefits Page 21 of25 4 I. t ~ This matter was tabled to the next meeting. 5. St. Genevieve Catholic Church's Request for a Temporarv/Event 3.2 Liquor License (Annual Chicken Dinner - AUlrust 19. 2001) Motion bv Council Member Nelson. seconded bv Council Member Capra to approve St. Genevieve Catholic Church's request for a temporary event 3.2 liquor license as presented. All in favor. Motion carried unanimously. Mr. March indicated that he had received the certificate of insurance from the Church. 6. Ordinance #4 Amendments This matter was tabled to the next meeting. 7. Mr. and Mrs. Braniord. 1748 Peltier Lake Drive. Pool Permit Request Motion by Council Member Nelson. seconded bv Council Member Capra to approve the pool permit request of Mr. and Mrs. Branjord based on the previous permit e:ranted to another resident and on anticinated amendments to Ordinance #4. All in favor. Motion carried unanimouslv. 8. Ouad City Police Department Investigation This matter was tabled to the next meeting. 9. Parks and Recreation Committee Recommendations Council Member Nelson questioned whether the requested items would be coming out of the Parks and Recreation budget. Council Member Broussard Vickers indicated that Council should have been aware from previous meetings, that Parks and Recreation would be coming to Council for money as Council spent the entire Parks and Recreation budget on the electrical for Laurie LaMotte Memorial Park. She then indicated that the City needed to make the fields useable and conform to tournament requirements. She further explained that making the softball field regulation size cuts down the size for the soccer field and, as it is too small for a regulation adult size soccer field, they are recommending the changes be made to make it a youth field. Council Member Nelson pointed out that three (3) of the requested approvals from Parks and Recreation totaled $15,300 and noted she is not in favor of approval of that kind of money. Page 22 of 25 oil! I . , Council Member Broussard Vickers indicated that she understood that Council was aware that by using Parks and Recreation funds for the electrical at Laurie LaMotte Memorial Park, the Parks and Recreation Committee would need to request additional funds from Council. She then indicated that the improvements need to be made this year for the Fete Des Lacs Festival or the softball tournament would need to be cancelled. Council Member Nelson stated she thought Parks and Recreation would be asking for money in another year not this year. Council Member Broussard Vickers indicated the items would have been included as part of the original work order but were accidentally omitted. Council Member Nelson stated that Parks and Recreation did not have the money in the budget for the projects. Council Member Broussard Vickers indicated that Council used the Parks and Recreation budget for the electrical at Laurie LaMotte Memorial Park. Council Member Capra stated she thought Council only used park dedication fees for the electrical. Council Member Broussard Vickers commented that if Council only took the park dedication fees, then there would be money in the Parks and Recreation budget. Council Member Broussard Vickers indicated the matter could not be tabled since the City would need to cancel the Fete des Lacs softball tournament if the improvements are not made. Mayor Swedberg asked if moving the fences was permanent. Council Member Broussard Vickers indicated that it was. Mr. March questioned where Parks and Recreation got the estimates for moving the backstop. Council Member Broussard Vickers indicated they used an estimate from when they previously had a backstop moved. Council Member Nelson asked Mr. March if there was any money in the Parks and Recreation budget. Mr. March indicated that he was not prepared to provide information on the Parks and Recreation budget at this meeting. Motion by Council Member Travis. seconded by Council Member Broussard Vickers to approve the Parks and Recreation Committee recommendation. Number 1. Ayes - 4. (Mayor Swedbeq:. Council Members Capra. Travis and Broussard Vickers. Nays -1 (Nelson). Motion carried. Council Member Broussard Vickers indicated that Item 3 was needed, as fencing was required around the electrical area. Council Member Nelson indicated she did not know how Council could approve of this expenditure if Council did not understand where the funds would be expended. Page 23 of2S '-: ( . III Motion bv Council Member Broussard Vickers to approve the Parks and Recreation Committee. Recommendation Number 3. Council Member Broussard Vickers indicated there needed to be fencing around a pole coming out of the ground in the main electrical area and that wire needed to be run to the scoreboard. Council Member Travis questioned the need for a scoreboard. Mr. March stated he felt the matter could wait until the next Council meeting for further discussion. Motion by Council Member Nelson. seconded bv Council Member Capra to table Parks and Recreation Committee. recommendation Numbers 2. 3. and 4 to the next Council Meetinl!. All in favor. Motion carried unanimously. Motion bv Mayor Swedberl:. seconded by Council Member Capra to table Waterworks Beach Club Liquor Violation. Emplovee Wal!es and Benefits. Ordinance #4 Amendments. and the Ouad City Police Department Investil!ation to the next meetinl!. All in favor. Motion carried unanimously. X. CONSENT AGENDA 1. The City ofCenterville May 23, through June 13,2001 Expenditures. 2. Centennial Fire District Expenditures & City Monthly Services. Motion by Council Member Nelson. seconded by Council Member Capra to approve Consent Aeenda Items 1 and 2 as presented. All in favor. Motion carried unanimously. Xl. COMMITTEE REPORTS None. XlI. ADMINISTRATOR'S REPORT Mr. March noted he would wait until the next Council meeting to report on the Turcotte purchase agreement. Mr. March reported that the Week in Review is being sent to Quad Community Press as requested by Council. Mr. March noted he had spoken to Mr. Quigley who indicated he had met with one (1) of the townhome associations and would be meeting with the other prior to coming before the Planning and Zoning Commission in July. Page 24 of 25 .. . , . Council Member Broussard Vickers indicated she had spoken to the President of the Association who told her that no agreement was reached. Mr. March indicated that the County Bank reimbursement had been moved to a lower priority at this point. Council Member Capra requested that Council discuss the audit and the auditor's recommendations as it relates to staffing in the office at a meeting to be scheduled. XIII. ADJOURNMENT Motion by Mayor Swedberl!. seconded bv Council Member Travis to adiourn the June 13. 2001 Citv Council Meeting at 11:00 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Proofed by: Teresa Bender, Clerk/Treasurer Page 25 of 25 June 27, 2001 Council Meeting Minutes , CITY OF CENTERVILLE CITY COUNCIL MEETING June 27, 2001 6:30 p.m. . <^, Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on June 27, 2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Linda Broussard Vickers Council Member Mari Nelson Council meeting to order at 6:31 ABSENT: None STAFF: City Administrator, Jim March City Attorney, Jim Hoeft City Engineer, Tom Pe s n I. II. M tion by ouncil Member Broussard-Vickers. seconded by Council Member Capra to approve the al!enda with the noted additions. Motion carried unanimouslv. III. PUBLIC HEARING (S) Pheasant Marsh - Assessment Roll Mayor Swedberg opened the public hearing for the Pheasant Marsh Assessment Roll at 6:37 p.m. Mr. Peterson reviewed a handout regarding assessment calculations and compared same with the Hunter's Crossing assessment calculations. Mr. Peterson stated that the total amount assessed for the Pheasant Marsh project would be $57,834. Mr. Peterson explained that the Wilharber portion of the assessments would be approximately $41,267 and the Eide portion would be $16,567, based on similar assessment pricing from Hunter's Crossing assessment calculations. Page 1 of 12 June 27, 2001 Council Meeting Minutes . Mr. Tom Wilharber, 6949 Centerville Road, stated that he had received six (6) different proposals on assessment amounts from the City, each being different. Mr. Wilharber reviewed same and stated that services would not be at his property until 2006 and it was a rather larger amount of assessments. Mr. Wilharber stated that there would be no present benefit to the Wilharber Estates. Council Member Capra stated that she had completed research on assessments and stated she had heard of large assessments on farms and Green Acre properties being deferred until the property was sold. Mr. Wilharber stated that this would be Council decision. Mayor Swedberg questioned the request of Council this evening. Mr. Hoeft stated that this is a public hearing and no action was needed at this time. Mr. Hoeft stated that this was an opportunity for those property owner that would be affected by the assessments and benefit from the services to be heard. Ms. Karen Marty, attorney for Ground Development, stated that she was before Council to request that they treat Ground Development similar to other developers that have been before the City. Ms. Barney requested that the Council consider past developments and assessments when moving forward with this item. Ms. Marty stated that Council may choose to defer assessments on farms and green acre properties. Ms. Marty stated that she had spoken with a representative from the Metropolitan Council who indicated their willingness to allow this property into the MUSA prior to 2006. Ms. Marty again requested that Council consider the Pheasant Marsh development uniformly. Mr. Terry Hannah, Ground Development, reviewed the Pheasant Marsh assessments along Centerville Road and the various options available to the Council. Mr. Hannah reinforced the fact that Ground Development would like to see uniformity in the assessment policy from the City. Mr. Gerald Wilharber, 3539 Glen Oaks, White Bear Lake, questioned the present benefit the services would provide to the Wilharber Estate. Mr. Peterson stated that the property would gain access to water and sewer along the east side of Centerville Road. Mr. Gerald Wilharber questioned additional fees associated with acqumng services from the east side of Centerville Road. Mr. Peterson indicated the additional fees would include a boring fee of $25 per foot across Centerville Road along with stub fees. Mr. Tom Wilharber indicated that Ground Development is looking for uniformity but stated the developer is gaining immediate sewer and water access while his property would not, as stated in the City's Comprehensive Plan. Mr. Wilharber requested that Council consider the vision of the City with this development. Mr. Tom Wilharber stated that he understands that the Metropolitan Council is willing to modify the MUSA for his property prior to 2006, but stated that there is also a Page 2 of 12 June 27, 2001 Council Meeting Minutes possibility of delaying this until 2010. Mr. Wilharber cautioned Council as they considered future developments in conjunction with the vision of the City. Council Member Travis acknowledged Mr. Gerald Wilharber's comment as the property would not have access to sewer and water on the west side of Centerville Road through the assessment fee and that it could not be accessed until 2006. Council Member Nelson stated she felt the value to the property would be increased with sewer and water, even if it was in the distant future. She indicated she desired Council to comply with the Comprehensive Plan and not push sewer and water through before recommended. Council Member Nelson explained she would like to see uniformity with the assessments in the City as well. She stated she would consider a deferral as this was an agricultural portion of land and owned by senior citizens. Council Member Broussard Vickers asked if Tom Wilharber owned all lots within Wilharber Estates. Mr. Wilharber stated he owned one lot, and the others were a part of the Wilharber Estate. He indicated the lots within the Wilharber Estate were both green acres. Council Member Broussard Vickers questioned if green acre properties are exempt from paying assessments. Mr. Hoeft stated this was the case. Council Member Broussard Vickers reviewed the assessment policy that the Council used for Hunter's Crossing. She noted the developer of Hunter's Crossing was made to pay 50% of the total assessments. Council Member Broussard Vickers explained she felt Ground Development should be charged as a landowner and developer with this assessment. Council Member Broussard Vickers indicated she would be in favor of the Wilharber Estate deferring their assessment in total or passing off this assessment until 2006 when the services would be accessible. Council Member Capra noted she spoke with neighboring community's assessments on properties that are green acres and owned by senior citizens. She noted she was in favor of deferring assessments on this property as this parcel meets both qualifications. Mayor Swedberg read through a prepared document concerning development assessments. He explained the importance of being fair and equitable with all residents. Mayor Swedberg also mentioned the importance of maintaining the small-town feel of the City of Centerville. He questioned who benefited from development. Mayor Swedberg indicated deferring the assessment on the Wilharber property would only pass the bill along to all other residents. He stated this may not be the most fair and equitable solution for the City. Page 3 of 12 June 27, 2001 Council Meeting Minutes Mayor Swedberg explained he felt this run of water and sewer could have been completed from Center Street at a lower expense than along Centerville Road. He noted he felt all the benefit of this extension would be borne by the developer and not the residents along Centerville Road, therefore all expense should be passed along to the developer. Mr. Hoeft stated the proposed extension is going to be completed by the City and then bonded. He noted the City does not want to go forward with this item if there were any disputes to the amounts of the assessments. Mr. Hoeft reviewed the past issues with Hunter's Crossing and explained the developer finally had to step forward to resolve issues to not prolong the project. Mr. Hoeft noted all assessment amounts are stated within the Developer's Agreement. He stated the City would then hold the developer to the stated assessment amounts. Mr. Hoeft indicated if the developer was not willing to deal with the amount stated by the City then the development would not go through. Mayor Swedberg stated he would be in favor of 100% of the assessments being borne by the developer and questioned if the developer had to go down Centerville Road. Mr. Tom Wilharber indicated the Wilharber Estate does not need sewer and water access at Centerville Road as they could gain access from the Hunter's Crossing development. Mr. Hoeft noted the current assessment policy in place is with respect to already developed properties or existing developments. He indicated raw land and subdivisions do not have their own policy as they are all unique. Mr. Hoeft stated this means there has been no uniform assessment policy in the past. Mr. Hoeft stated he felt there would be a benefit to the Wilharber property but stated this amount was unknown as it's benefit would not be known for five years. He explained a developer is going to pay more going along Centerville Road but indicated the Council would need to determine this amount. Mr. Hoeft stated a deferral would be an option, but indicated the Council would need to establish a drop-dead date to set up a time frame for payment. He indicated this would allow for the 2006 MUSA date to arrive. Council Member Capra asked ifthe City could be forced to develop the Wilharber Estate before 2006. Mr. Hoeft indicated MetCouncil would allow for this, but stated the Comprehensive Plan for the City does not allow for this development. Mr. Hoeft advised the Council to not take any action on this item until a Developer's Agreement was in place to rule out any contesting of the assessments. He stated all parties involved would need to agree on this item before the assessments should be approved. Page 4 of 12 June 27, 2001 Council Meeting Minutes Council Member Nelson questioned if a benefit could be determined or appraised for these properties. Mr. Hoeft indicated by setting 100% of the benefit to the developer no contest would be brought up, but then indicated the development may not go through if the developer won't agree to pay 100%. Mr. Hoeft explained the Ground Development attorney forwarded a Developer's Agreement to the City but noted revisions were being made at this time. He stated the percentage of distribution of assessments would be made a part of the agreement after discussions with the developer. Council Member Broussard Vickers asked if the original time line was included within the Developer's Agreement. Mr. Hoeft stated a time line has not been agreed to as of yet, but stated all things could change, depending on if the developer and City can come to terms with the assessments. Council Member Broussard Vickers noted she would just like to see a "no sooner" date placed within this agreement. Mr. Hoeft stated this should not be an issue as they work through the Developer's Agreement. Council Member Nelson indicated she felt it would be helpful if all parties involved come together and work with the City Attorney and staff to resolve the assessment issues. Mr. Hoeft asked that the Council table the public hearing to a future date when the matter can be brought back to the Council, when further information is gathered. Motion by Council Member Capra. seconded bv Council Member Nelson to table the public hearin!: to a future date to allow for assessment discussions with Ground Development. All in favor. Motion carried unanimously. Mayor Swedberg called for a five-minute recess at 7:43 p.m. The meeting resumed at 7:51 p.m. IV. APPEARANCES/AWARDS Tom Kuehn - Permit Discussion Mr. Kuehn indicated he was before the Council to request a road permit to allow for a nine-ton vehicle on Heritage Street to allow for him to bring materials into $t. Genevieve's Church building. Mr. Peterson noted he had no objections as the road was already in poor condition at this time. Motion bv Council Member Capra. seconded bv Council Member Travis to approve Mr. Kuehn's reauest to carrv five to six loads over Heritae:e Street at a nine-ton load limit. All in favor. Motion carried unanimously. Page 5 of 12 June 27, 2001 Council Meeting Minutes V. CONSIDERATION OF MINUTES June 13.2001 Council Meeting Minutes Motion by Council Member Broussard Vickers. seconded bv Council Member Nelson to table the June 13. 2001 Council meetine minutes as the Council Members did not have time to review the minutes. Motion carried. VI. PETITIONS AND COMPLAINTS - None. VII. UNFINISHED BUSINESS - None. VIII. OLD BUSINESS Downtown Revitalization Mr. March asked that the City Engineer review the alternate water main solutions for the downtown revitalization. Mr. Peterson reviewed Option 1 as being the original plan with a water main from Chauncey Baret to Westview Street with a 12" water main south of Main and 8" pipe north of Main. He stated this option would provide the best overall looping system with additional sources of water for the school and Lakeland Hills. Mr. Peterson explained the total cost for this option would be $170,000. Mr. Peterson explained Option 2 would be to extend a 12" PVC water main on Main Street from Progress Road to Centerville Road. He explained this option does not allow for any looping at this time, but could be connected to future developments. Mr. Peterson indicated the total cost for Option 2 would be $45,000. Mr. Peterson indicated Option 3 would be the same as Option 2 with an additional 1" copper service pipe to the west of Centerville Road. He noted this would get service to the church and two properties on the north side of Main Street. Mr. Peterson indicated the cost for this option would be $55,000. Mayor Swedberg thanked staff for their research and comments. 21st Avenue (Joint Powers Agreement & Feasibility Studv) Mr. March stated an appraisal is being completed at this time and he is waiting for further feedback. Turcotte Purchase Agreement Mr. March indicated this was presented at the last meeting and asked the City Attorney to review this item with the Council. Page 6 of 12 June 27, 2001 Council Meeting Minutes Mr. Hoeft reviewed two issues in the Purchase Agreement with the Council. He stated the original closing date was June 29th but noted he was contacted by Ms. Turcotte's attorney stating they would like to close on July 13th. Mr. Hoeft noted Ms. Turcotte has found housing as of August 1 sl and would be willing to rent back the property between July 13 th and August 151. Mr. Hoeft noted today he found out there were some issues with the title of the property. He indicated the issues were significant enough that the title company would not insure the property until these items were resolved. Mr. Hoeft stated the expense to clear up these items would range from $3,000 to $5,000. He stated the Council could resolve these items after purchase or ask the Seller to resolve these items with a reduced purchase price amount. Council Member Nelson asked if it is the general practice for the Seller to clean up the title. Mr. Hoeft stated this is usually the case, but stated the City has already agreed to pay $1,000 to $1,500 for recording and filing fees. Mayor Swedberg asked what would need to be done to clear the title. Mr. Hoeft stated a registration process would take place to notify those interested in the property. He indicated he does not anticipate anyone coming forward with the registration of this parcel. Mr. Hoeft noted the only problems are with the legal description of the property and that there were not liens against the property. Council Member Broussard Vickers asked what would happen if the title could not be cleared. Mr. Hoeft stated the Council would have to buyout the person challenging the property. He indicated he does not anticipate this taking place, but that it would be the procedure in a worse case scenario. Council Member Broussard Vickers asked if a larger down payment could be offered to Ms. Turcotte to allow the closing date to be delayed until the title was cleared. Mr. Hoeft stated this could be an option but noted he would have to approach her attorney with the Council's concerns. He asked that the Council keep in mind the value of the property versus what the City is paying for it. Council Member Nelson noted she would not be in favor of picking up the additional expense for the title registration. Council Member Broussard Vickers indicated she was in favor of the expense if it meant getting the property and not having it owned by a private party. Council Member Capra questioned how long the title registration and clearing process would take. Mr. Hoeft stated he anticipates the process being eight to twelve months. Mr. Hoeft asked for direction from the Council on this issue. The Council advised Mr. Hoeft to speak with Ms. Turcotte's attorney and report back at the next Council meeting. IX. NEW BUSINESS Page 7 of12 Pheasant Marsh - Comprehensive Plan Amendments June 27, 2001 Council Meeting Minutes Mr. March reviewed the comprehensive plan amendments regarding the MUSA additions and utility staging with regard to Pheasant Marsh. Mayor Swedberg asked if the developer was set on developing this as suggested or if he would consider running the water and sewer down Center Street. Mr. Hannah noted he may need some time to reconsider and asked that the item be tabled. Motion bv Council Member Nelson. seconded bv Council Member Capra to table the Comprehensive Plan Amendments as presented bv staff. AU in favor. Motion carried unanimously. Waterworks Beach Club Liquor Violation Mr. March indicated Waterworks received a liquor violation when tested for compliance by the police department. He noted a portion of the Minnesota Statutes that covers license revocation, suspension or civil penalty was included in the packet for the Council to review. Mr. March also reviewed the City of Plymouth's liquor violation ordinance and subsequent fines. He noted following this code, Waterworks should be fined $500. Mayor Swedberg asked if this was an allegation or fact. Mr. Hoeft stated this was a fact and noted action was needed by Councilor the State would step in. Council Member Capra questioned how a five-day suspension would be determined. Mr. Hoeft stated he did not assist in drafting the policy for the City of Plymouth, but noted this was up to the discretion of the Council, as he understands it. He explained the Council would be able to determine these days, if deemed necessary. Council Member Travis asked that this policy be placed on an agenda for future discussion. He stated he would be in favor of the $500 fine. Council Member Nelson indicated she felt a $500 fine was not enough of a penalty to show the displeasure of the City with this establishment. Mayor Swedberg indicated he would like to see Waterworks have their license suspended for a day of business. Council Member Nelson concurred stating the fine would also be acceptable. Mr. March cautioned the discretion of the Council as the City would not want to show favor to certain establishments over others. Mr. Hoeft concurred. Mayor Swedberg questioned what action the Council would like to take. He stated he did not know what an appropriate fine would be. Page 8 of 12 June 27, 2001 Council Meeting Minutes Council Member Broussard Vickers stated without this policy in place it would be difficult for the Council to set an amount. Council Member Capra stated she felt a nominal fine would be only a slap on the wrist. She indicated more action should take place. Council Member Nelson concurred and stated she would like to see a $1,000 fine. Motion bv Council Member Travis. seconded by Council Member Broussard Vickers to fine Waterworks $500. Motion failed 2-3 (Capra. Nelson. and Mayor Swedberl! opposed). Mr. March stated he could send out letters to local establishments to allow for input from stakeholders and residents on this issue. He indicated this would allow for the City to create a violation policy. Council Member Capra stated she agreed with a uniform policy. She indicated she would like to know how many violations Waterworks has had in the past five years. Motion by Mayor Swedberl!. seconded bv Council Member Catlra to table this item for lack of a policy on the City's part. Motion failed 2-3 (Nelson. Broussard-Vickers. and Travis). It was noted by the Council, this fine would only apply to this violation with a policy to be determined at a future date. Motion by Council Member Nelson. seconded bv Council Member Capra to fine Waterworks $1.000 for servine to a minor. Motion carried 4-1 (Broussard-Vickers opposed). Employee Wages and Benefits Mr. March explained he is still waiting to hear back from the League of Minnesota Cities on this item. Ordinance #4 Amendments Mr. March reviewed the amendments to Ordinance #4 with the Council. He noted the amendments were with regard to accessory structures and uses of swimming pools. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to approve the amendments to Ordinance #4 as presented by staff. All in favor. Motion carried unanimouslv. Page 9 of 12 June 27,2001 Council Meeting Minutes Ouad City Police Department Investigation Mayor Swedberg noted a meeting was held on June 2ih with the four mayors of Lino Lakes, Centerville, Circle Pines and Lexington to discuss going from a three city police department to a quad city department. He noted the organization would follow the same model as the fire department. Mayor Swedberg indicated he felt this shift would only increase service to all cities involved. He noted this was not a contract for service but a partnership for the cities. Mr. March indicated there would be a joint meeting on June 28, 2001 at 7:00 p.m. regarding the Tri-City 2002 budget at the City of Lexington. He encouraged all Council members to attend. Mr. March stated the City of Lino Lakes is suggesting a task force be created among the Mayors and City Administrators of the four cities involved. He noted the next meeting would be held on July 13,2001. Parks and Recreation Committee Recommendations Mr. March gave an overview of the Park and Recreation Committee recommendations. He reviewed the carry over from the 1999 park dedication funds as being $31,675 with an additional $74,000 from Hunter's Crossing. Mr. March stated the 2001 budget for the capital outlay was $50,000, with interest of$1,338 for the year 2000 giving the park fund a total of$157,013. He indicated the Park and Recreation expended $17,060.96 through June of200l1eaving them $139,952.04 for the proposed expenditures before the Council. Council Member Nelson questioned how short the Park and Recreations was at this time. Mr. March stated they were roughly $42,000 short at this time for their proposed expenditures. Mayor Swedberg stated he had concerns with the concession stand regarding health and safety measures. He noted a needs assessment should be completed before this items proceeds. Council Member Travis concurred. Council Member Broussard Vickers noted Mr. Bisek stepped forward asking the City to allow him to sell concessions at LaMotte Park temporarily for the year 2001. She noted Mr. Bisek would be responsible for pulling all necessary permits and absorbing all costs incurred, including sales tax. Council Member Broussard Vickers indicated the Park and Recreation Committee would leave it up to Mr. Bisek to determine what and when to sell items at the park. Council Member Nelson stated she would not like to see the Council step into this until a needs analysis was determined by the Park and Recreation Committee. Page 10 of 12 June 27. 200 I Council Meeting Minutes Mayor Swedberg concurred stating he felt this position would have to be opened up to the public to allow all those interested to come before the City. He indicated once standards were established he would not object to the vending. Motion by Mayor Swedberl!. seconded by Council Member Nelson to deny allowinl! Mr. Bisek's concession stand at LaMotte Park until a needs analysis could be completed. Motion carried 4-1 (Broussard Vickers opposed). Mayor Swedberg questioned the $8,300 involved only the fencing at LaMotte Park. Mr. March stated the $8,300 was not just for fencing at the park but to prep and wire a scoreboard for LaMotte Park. He explained the fencing would cost $2,800, the groundwork would be $3,000 and $2,500 would be needed for the relocation and wiring of the scoreboard. Mayor Swedberg asked if the City Engineer approved of these recommendations. Mr. Peterson reviewed alternates with the Council and asked for approval of his recommendations. Motion by Mayor Swedbere. seconded by Council Member Broussard Vickers to approve the maintenance items at LaMotte Park as sueeested by the City Eneineer. not to exceed $5.500. All in favor. Motion carried unanimously. Issuance of Peddler/Solicitor's License - Infinity Advertising Mr. March stated Infinity Advertising is before the City to request a peddler's license for a door-to-door permit. He noted the proper background checks have been completed with the police department. Mr. March indicated Infinity Advertising has paid the proper permit fees. Motion by Council Member Nelson. seconded by Council Member Capra to approve the peddler/solicitor's license from June 28. 2001 to July 28. 2001 subiect to payment of the appropriate City fees for Infinity Advertisinl! as noted by staff. All in favor. Motion carried unanimously. X. CONSENT AGENDA The City ofCenterville June 14 through June 27. 2001 The Council took a minute to review the disbursements as they were handed out at the meeting. Motion by Council Member Nelson. seconded by Council Member Capra to approve the expenditures for the City from June 14. 2001 throul!h June 27. 2001. All in favor. Motion carried unanimously. Centennial Fire District Expenses Page 11 of 12 June 27, 2001 Council Meeting Minutes Motion by Council Member Nelson. seconded bv Council Member Capra to approve the Centennial Fire District expenditures. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS · Council Member Capra stated the cable commission was meeting tonight. · Mayor Swedberg noted he attended the League of Minnesota Cities conference. He explained it was a great experience to find numerous cities were struggling with similar issues as the City of Centerville. Mayor Swedberg encouraged the Council Member's to get involved with this in the future, if possible. XII. ADMINISTRATOR'S REPORT Mr. March indicated there would be a rate increase for electrical permit fees from Suburban Inspections, as there has not been a rate increase for the last five years. He stated this rate would be consistent with the City ofLino Lakes. Council Member Travis asked if there were many complaints with the current service provided by Suburban Inspections. Mr. March stated there has been several complaints regarding the time calls can be taken. Council Member Travis stated he felt it was very difficult to get an electrical inspection within the City and to arrange for these inspections. He cautioned the raise if the service is not meeting City requirements. Mr. March noted the inspector could come before the Council for further discussion if desired. Council Member Capra asked if the City has a yearly contract with Suburban Inspections. Mr. March indicated the City could cancel this at any time with written notice. Motion bv Council Member Broussard Vickers. seconded bv Council Member Nelson to approve the electrical permit fee increase. All in favor. Motion carried unanimously. Mr. March noted he would be meeting with three interns this next week for assistance at the stafflevel. XIII. ADJOURNMENT Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to adiourn the June 27. 2001 Council Meeting at 9:35 p.m. AIl in favor. Motion carried unanimously. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 12 of 12 .\. CITY OF CENTERVILLE CITY COUNCIL MEETING July 11, 2001 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville hel eir regularly scheduled meeting on July 11,2001, at City Hall, 1880 Main Str et. I. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Linda Broussard Vic ers ABSENT: STAFF: City Administrator, City Attorney, City Enginee , II. ere added to the agenda: . Consi e Park a ecreation Items under New Business · Revised Roadway Permit Request from St. Genevieve's under New Business . Roadway Permit Request for John Fitzgerald under New Business Motion bv Council Member Capra. seconded bv Council Member Travis to approve the aeenda with the noted additions. Motion carried. III. PUBLIC HEARING (S) Eagle Pass Second Addition Mayor Swedberg opened the public hearing for the Eagle Pass Second Addition at 6:51 p.m. Mr. March noted the main issue at the Planning Commission meeting was the development and current builder of homes within Eagle Pass Second Addition. He indicated the legal leverage ofthe City is being questioned right now to hold up the future development. Mr. March asked for comments from the City Attorney. 1 of 11 Mr. Hoeft reviewed the information provided by the townhome association dated July 5, 2001. He noted this memo sets out the concerns of the association with the current builder and their poor construction quality. Mr. Hoeft reviewed the issues of the association and noted the City did have leverage on the sport court and the sidewalk, as these issues would need to be addressed by the developer. Mr. Hoeft indicated the vast tree harvesting and plantings throughout the First Addition would not go into account for the Second Addition. He stated this can be addressed within the Developer's Agreement for Phase I and cannot withhold development for Phase 2 of Eagle Development. Mayor Swedberg asked how the City would address issues in Phase I in direct violation of the Developer's Agreement. Mr. Hoeft indicated only items that are directly in violation of the agreement could be addressed. He noted the trees planted within this development are the right type, but the discretion comes with the way they were planted. Council Member Broussard Vickers asked how these issues would be addressed then, with regard to Phase 2. Mr. Hoeft indicated additional conditions could be placed within the Developer's Agreement to address the violations of the existing addition. Mr. March noted he spoke with a resident today with regard to down spouts, driveway drainage, etc. He asked if the City can delay the new development because the Builder has not completed the current project. Mr. Hoeft stated ifthe same Builder purchases this property, the City could learn from t~e poor lack of performance and place these concerns into the Developer's Agreement for the Second Addition setting a timeframe and course of action for the City. Mr. Hoeft indicated higher escrows could be established to allow the City to have access to assets if recourse needs to be taken. He explained if poor construction and drainage were found this would be a violation with the Developer's Agreement and the City would have leverage to take action against the Builder. Mr. March noted a checklist was provided by the townhome association leaders of the numerous violations within Eagle Pass' First Addition. He indicated these leaders are trying to get grading accomplished and seeding done after closing. Mr. Hoeft indicated if these items are directly in violation ofthe Developer's Agreement then action could be taken against the Builder. Mr. Hoeft indicated the lighting within this development may meet the City requirements at this time, but not meet the resident's requirements. He stated this could be reviewed and if found in compliance, the Association could take this issue upon themselves. Council Member Broussard Vickers asked that the City Attorney review all the items in question and any additional items from the residents; and then report back to the Council which items were in direct violation with the Developer's 2 of 11 Agreement. Mr. Hoeft indicated this would provide the Council with greater information on what true violations are taking place. Mr. Hoeft asked that a time frame be placed on this request for the review of the Developer's Agreement. Mr. March noted the applicant has signed a waiver of the 60-day approval process. He explained this would allow the Council ample time to review this item and take comments from the public. Mr. March indicated with regard to the roadways within this development, the roadways do meet the seven-ton load limit and are able to have emergency vehicles down the private streets. Council Member Broussard Vickers noted the Council has good reason to delay until there is additional information from the City Attorney. She indicated the private roadway issues would also need to be resolved at the next meeting with comments from the police department, fire department and City staff. Mayor Swedberg asked if there were any additional comments that needed to be brought to the Council's attention with regard to the First Addition. Lori Peterson, 7065 Dupre Road, noted she brought in a sheet of paper to a meeting two or three weeks ago. She indicated there are numerous cracked sidewalk panels along Main Street that have been caused by the contractor. Ms. Peterson indicated she is uncertain of who owns these and questioned who would be assessed. Mr. Hoeft noted this would be reviewed and reported back to the Council at the next meeting. Jim Jewel, 1825 Voyager Court, stated there are also numerous cracked sidewalk panels within the development. He indicated that seven lots have been closed longer than 30 days, and nothing has been done for grading by the builder. Mr. Jewel indicated the City has sent letters to these residents, but indicated the Builder has not come back to complete the work. He suggested a change for the lighting within this development, as it does not provide safety within the twinhomes. Mr. Jewel stated the single-family home area has twice as many lights leaving the other area unsafe. Mr. Jewel explained there are only five units at this time on private streets, but noted all are required to pay for those taxes. James Halstrom, 6960 Dupre Road, noted he understands the maintenance of the units are the responsibility of the individuals within this development. He indicated, however, there was a Developer's Agreement (established in 1997) that contains items the Developer was responsible for. Mr. Halstrom encouraged the Council to review this agreement to assist the associations with leverage on issues that are not being handled by the Developer. He agreed the lighting within this development was inadequate due to the curvy nature of these roadways. Mr. Halstrom noted the lighting was a public safety issue the Council needed to address. Susan Sary, 6991 Eagle Trail, noted she has lived in her home for six months and indicated she was very dissatisfied with the Builder. She noted her front stoup 3 of 11 was laid in two separate loads of concrete and indicated this is not acceptable. Ms. Sary indicated she just received her air conditioner this week, after her first one blew up and started a fire. Ms. Sary noted the contractor does below standard work and should not be approved for any future work within this City. She indicated she has had to have two tires replaced because of the debris left in her yard and driveway. Ms. Sary explained she was sending a letter of complaint to the Department of Commerce and encouraged all other residents to do the same. She indicated she paid a great deal of money for this unit and the contracting was extremely poor. Council Member Capra asked who holds the escrow for the stoup, driveway, yard and downspouts. Mr. March indicated the only escrow held by the City was a sod escrow. Mayor Swedberg questioned if the City could do inspections ofthese contractors that work within the City. Mr. Hoeft noted many of the concerns by Ms. Sary are not between the City and the homeowner, but between the homeowner and the contractor. He cautioned the Council at getting involved in these issues. Mayor Swedberg asked if the City could certify certain contractors or builders for future developments within the City. He stated he is questioning the quality of the workmanship within this development. Mr. Hoeft indicated the City does not have control over that at this time. He stated he feels this is an issue between the homeowner and the developer. Mr. Hoeft explained the City does not have anything in place, at this time, to protect the homeowners. Mayor Swedberg asked ifthere was a warranty for each home within the association. Mr. Hoeft indicated there was a warranty on the homes, and indicated the homeowners must understand who to address the complaints with. Council Member Broussard Vickers asked if the City could deny building permits based on poor contractors. Mr. Hoeft stated the City is not going to get into quality control at this time or in the future. Mayor Swedberg questioned why the City would go down this same path with a poor builder if the City has had concerns with a developer in the past. Mr. Hoeft indicated his obligation to the City is to inform the Council of what they can and cannot enforce within the Developer's Agreement. He noted as long as things are passing inspection at a City level, the City officials are not allowed to step in. Mr. Hoeft explained this would then become an issue between the homeowner and the builder. Mayor Swedberg asked if the City could assume a quality control role. Mr. Hoeft noted there are issues with assuming this role that would be difficult for the City to assume. He indicated in lieu ofthis role, the City could raise escrows or add additional stipulations within the Developer's Agreement to greater control the quality of the workmanship. 4 of 11 Mr. March stated the Eagle Pass Second Addition consists of20 units and suggested cutting the density in half to lessen the exposure to poor workmanship. Mayor Swedberg indicated this would be one option but stated within this development there is still a 24-foot roadway, which was a concern within the First Addition. He explained concern for the high density abutting the existing single- family homes with no transitioning space or buffer provided. Mayor Swedberg noted he feels this development needs a higher quality design. He questioned if the density and lot sizes were appropriate. Council Member Broussard Vickers noted this Addition was rezoned a PUD, which allows for smaller lots with a higher density. Doug Amt, 6985 Meadow Court, indicated he was from the Parkview neighborhood. He indicated his neighborhood was not happy with the proposed Eagle Pass Second Addition development and increased density. Mr. Amt noted the buffers proposed are extremely weak at this time. He added that the townhomes near Parkview are extremely close to the lot lines. Mr. Amt suggested 13 units versus the 20 units proposed to relieve some of the congestion and density issues. He reviewed a petition from the Parkview residents with regard to the low amount of buffering provided and small side yard setbacks. Bert Casper, 6979 Eagle Trail, commented that attorneys and governmental officials are not extremely helpful to residents in most cases. He indicated the focus has been lost from the residents. Mr. Casper encouraged the Council to take advantage of the clout the City holds and enforce all violations with the builder. He noted the safety and welfare of the citizens was at risk at this time due to the lack of streetlights within his neighborhood. Mr. Casper suggested the Council look into this item and act on these items for the well being of the residents. Brian Carlson, 1771 Meadow Lane, agreed with the comments from Mr. Amt. He stated unit #9 is currently placed 13 feet off his lot line, which would not allow for much of a berm or area for buffering. Mr. Carlson suggested these lots be reconfigured to allow for all involved to have a yard. He added that traffic would be increased along Meadow Lane with increased density and noted this could be a safety concern. Tracey Halstrom, 6960 Dupre Road, noted she was the secretary of one of the townhome associations. Ms. Halstrom indicated she was before the Council in the past to address issues within the development. She noted Eagle Pass First Addition was designed to be a unique development, but has now turned into numerous safety and welfare concerns. Ms. Halstrom indicated the City has some issues that can be enforced and encouraged the Council to take an initiative to enforce these items. She noted there were 59 townhomes and 18 twinhomes within this development. Ms. Halstrom noted this was a large association for the City to deal with. She indicated all common space will soon be the responsibility of the association, but noted the association does not want it left in the condition it is in right now with debris and weeds left as they are. 5 of 11 Ms. Halstrom noted it is difficult to complain to Swift Construction because they are a family owned business. She noted complaints against one portion of the company are not getting to the other. Ms. Halstrom questioned the Developer's Agreement for Eagle Pass First Addition from December of 1996. She reviewed seeding, clean up and street sweeping issues with the Council and noted the developer should be held accountable for this items as stated with in the Agreement. Ms. Halstrom asked if Phase 1 would be added into Phase 2 if approved. Mr. March indicated he would not be in favor of combining these developments, as this was a concern for a past development. Brian Raulings, 7069 Dupre Road, indicated he was the president of the twin townhome association. He stated his concern was with Ojibway Drive being reverted from a private street to a public street. Mr. Raulings noted this roadway should not remain private because, otherwise, two associations would be trying to administer the maintenance on this roadway. Mr. March mentioned this item is going to be up for numerous discussions between the Council, City Staff, Fire and Police Departments, and the residents. He indicated the lighting issues would also be addressed by the Council and City Engineer. Mr. March explained after this was reported on, a decision could be made on who would be paying for the roadway and additional lighting. Mayor Swedberg thanked all the residents for their comments and suggested all the residents come together to find a solution that benefits all parties involved. He noted the Council would be moving forward to find solutions with the assistance of the residents and City staff. Motion by Council Member Travis. seconded bv Council Member Broussard Vickers to table this public hearin~ indefinitelv. All in favor. Motion carried. Mayor Swedberg called for a recess at 8:38. The meeting reconvened at 8:52. IV. APPEARANCES/AWARDS - None V. CONSIDERATION OF MINUTES June 13.2001 Council Meeting Minutes Motion by Council Member Travis. seconded bv Council Member Capra to approve the June 13. 2001 Council meetin~ minutes as presented. All in favor. Motion carried. 6 of 11 June 27. 2001 Council Meeting Minutes Motion by Council Member Broussard-Vickers. seconded bv Council Member Caora to table the June 27. 2001 Council meetinl: minutes as oal!:es 11 and 12 were missinl!:. All in favor. Motion carried. VI. PETITIONS AND COMPLAINTS Center Street Drainage - Mr. Keith Okan Mr.Okan, 1841 Center Street, explained he has had major problems with drainage in the spring in his back yard. He indicated his basement flooded this spring along with his neighbor's basement. Mr. Okan noted his home is lower than Eagle Park. He indicated he with several landscape designers to try to remedy the drainage issues with no success. Mr. Okan asked for help from the City on this issue. Council Member Capra questioned if the Prairie Drive subdivision had the same concerns. Mr. March noted the issues on Prairie Street was that the grade was too flat in the back yards which was resolved with a four inch drain tile. Council Member Capra asked if this item could be investigated with public works and City staff. Mr. Peterson indicated he would look into these properties as well. He noted the intersection of Dupre and Center Street would be having some work done in the near future to assist in the drainage of storm sewer. Council Member Capra questioned ifthere was storm sewer at these homes. Mr. Peterson noted there was no storm sewer at this time. Mayor Swedberg advised staff to investigate these properties and report back to the Council at their next meeting. VII. OLD BUSINESS - None VIII. NEW BUSINESS Eagle Pass Second Addition Council Member Broussard-Vickers asked for a summary of what action was going to take place between now and the next meeting. Mayor Swedberg noted the attorney would be reviewing the Developer's Agreement to make comment on what items could be enforced. Council Member Broussard-Vickers noted she would like comments on reverting the private street to a public street at the next meeting. She indicated comments should be received from the police department, fire department, City Engineer and City Attorney. Council Member Broussard-Vickers indicated she would also like a report from Paul on all ordinance violations within this development at this time. She noted 7 of 11 she would also like the City Engineer to address the lighting issues and report back to the Council. Mr. Hoeft noted the lighting within the development was in compliance so future plans would need to address who would pay and for how many additional lights. Council Member Broussard-Vickers explained she would like to be advised by the City Attorney as to when the City is dragging their feet with this development as the applicant has already signed the 60-day waiver. Mr. Hoeft indicated he would keep the Council updated on this item. He noted he felt the numerous violations within Phase 1 would be a legitimate cause to prolong the approval of Phase 2. Mayor Swedberg asked if the association bylaws should be discussed at a Council level as this issue moves forward. Mr. Hoeft discouraged the Council from reviewing the bylaws, as it was not a City issue. . Motion bv Council Member Broussard-Vickers. seconded by Mavor Swedbere to table this discussion to a future meetiDl!:. AIl in favor. Motion carried. Festival Award Presentation - Reception Council Member Capra indicated the Lifetime Achievement Awards were going to be presented on the main state during the Fete des Lacs. He explained the Lifetime Achievement Committee is requesting no more than $100 for a small reception to be held for the award winners and residents after the presentation. Motion bv Council Member Broussard-Vickers. seconded by Mavor Swedbere to approve the no more than $100 request from the Lifetime Achievement Committee for a small reception at the Fete des Lacs Festival as submitted by staff. All in favor. Motion carried. TIF Reporting - Juran & Moody Mr. March requested the Council authorize Juran & Moody to complete and submit the annual tax increment reports on behalf of the City of Centerville. Motion by Council Member Broussard-Vickers. seconded bv Council Member Travis to authorize Juran & Moodv to com{)lete and submit the TIF Reports on behalf of the City of Centerville. All in favor. Motion carried. 2001 EDC Obiectives and Goals Mr. March reviewed the 2001 EDC objectives and goals with the Council. He asked for approval from the Council of these items. Motion bv Council Member Capra. seconded by Council Member Broussard-Vickers to approve the 2001 EDC Obiectives and Goals as presented bv staff. All in favor. Motion carried. 8 of 11 Intern Recommendations Mr. March stated he interviewed three interns last week. He recommended Michael Duffek from Minneapolis for this position. Mr. March noted the intern would receive $10.00 per hour with no benefits. Council Member Broussard-Vickers asked how long Mr. Duffek would be employed by the City. Mr. March stated this would be for a minimum of three months, as this has been the practice in the past. Motion bv Mavor Swedberl!. seconded bv Council Member Broussard- Vickers to approve Michael Duffek as the City's Planning Intern. All in favor. Motion carried. Park and Recreation Committee Items Lisa Heiselhorst noted she has spoken with a helicopter company to provide rides at the Fete des Lacs Festival. She indicated there would be no expense to the City. Ms. Heiselhorst explained the Committee would need to have 100 square feet of space available to land the helicopter within the park. She suggested holding the rides at LaMotte Park in the soccer field or in the field near St. Genevieve's. Council Member Broussard Vickers asked that the police department be contacted with regard to any objections. Mr. Hoeft agreed. Council Member Capra asked what liability the City would have with this type of entertainment. Mr. Hoeft indicated the insurance held by the helicopter company would need to be inspected and reviewed. Mayor Swedberg asked that the committee check the maintenance qualifications and with the County Aviation Official at the Anoka County Airport with regard to the entrance and exit to the flight path. He indicated he felt safety was of the utmost importance to the residents. Council Member Capra explained she felt landing at the elementary school may be a better location than LaMotte Park, due to the crowds of people at the celebration. Ray DeVine asked if the park members would have to return to Council with this item or if they could go forward if all things checked out. Mayor Swedberg stated that if all things checked out the committee could go forward. Mayor Swedberg reviewed the first recommendation as submitted by the Parks and Recreation Committee. He noted the first recommendation was with regard to the completion of the fencing at Laurie LaMotte Park. Motion by Council Member Broussard-Vickers. seconded bv Council Member Capra to approve the additional expenditures of $1.500 for a fence at Laurie LaMotte Park due to the unavailability of the public works 9 of II department to perform the labor as ori2inallv recommended to Citv Council. AIl in favor. Motion carried. Council Member Broussard-Vickers reviewed the pieces of equipment that would be purchased for the Wheels Park at Laurie LaMotte Park. She noted numerous people were involved with the selection of these pieces. Council Member Broussard-Vickers noted the Parks and Recreation Committee was looking for a grand opening of the Wheels Park to be at or around August 11,2001. Motion bv Council Member Capra. seconded bv Mavor Swedber~ to approve the expenditure of $42.000 for the Wheels Park as sueeested by the Parks and Recreation Committee. All in favor. Motion carried. Tom Lee, Park and Recreation Committee member indicated the committee did not recommend allowing a bonfire at Acorn Park due to the fact there is no fire rings. There was a consensus by the Council to not allow this bonfire as recommended by the Committee. Mr. Lee noted the Park and Recreation Committee would be responsible for sending out a letter to the residents requesting this item for their block party. Roadway Permit for St. Genevieve's Motion by Mayor Swedbere. seconded by Council Member Travis to approve the revised roadwav permit for St. Genevieve's as presented bv staff. All in favor. Motion carried. Roadway Permit for John Fitzgerald Mr. March noted John Fitzgerald is requesting seven loads to come in at seven tons each. Mr. Peterson indicated he would be in favor of the seven-ton limit as it has been very dry on this roadway. Motion bv Council Member Capra. seconded bv Council Member Broussard-Vickers to approve the roadway permit for John Fitzeerald for seven tons and seven trips as sUl!:l!:ested bv staff. All in favor. Motion carried. IX. CONSENT AGENDA The City ofCenterville June 28 throul!:h Julv 10.2001 Motion bv Council Member Broussard-Vickers. seconded by Council Member Travis to approve the expenditures for the City from June 28. 2001 throueh July 10. 2001. All in favor. Motion carried. 100f11 Centennial Fire District Expenses Motion by Council Member Broussard-Vickers. seconded by Council Member Caora to aoorove the Centennial Fire District exoenditures. All in favor. Motion carried. X. COMMITTEE REPORTS · Ray DeVine reported on the Fete des Lacs Festival. He noted this year's buttons and flyers are posted at City Hall. Mr. Devine indicated the softball tournament would be much larger this year, along with a 5K run/walk sponsored by an outside company. He explained the Lion's would be holding a raffle this year, raffling off a four-wheeler. Mr. Devine noted volunteers and donations were still being sought. XI. ADMINISTRATORS REPORT Mr. Hoeft noted he had comments on the Turcotte Purchase Agreement. He stated after speaking with Ms. Turcotte's attorney, she agreed to escrow up to $2,000 of the expense for registering the title with the City paying the other portion. He recommended approval of this suggestion and noted if approved, the closing would take place on Friday at City Hall. Motion bv Council Member Capra. seconded by Council Member Broussard-Vickers to approve the $2.000 escrow. orovided bv Ms. Turcotte. to cover the exoense ofthe title ree:istration as sue:e:ested bv the City Attorney with the closin~ to take olace on Friday at City Hall. All in favor. Motion carried. XII. ADJOURNMENT Motion bv Council Member Broussard-Vickers. seconded bv Council Member Travis to adiourn the July 11. 2001 Council Meetine at 9:39 p.m. All in favor. Motion carried. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. 11 of 11 . ~. July 13, 20 Emergency Council Meeting . CITY OF CENTERVlLLE EMERGENCY COUNCIL MEETING JULY 13,1001 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville City Council held an E Council meeting on July 13,2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Mary Capra Council Member Mari Nelson Council Member Dick Travis Council Member Linda Broussard Vickers n. C ty ouncil meeting to order at ABSENT: None. STAFF: Clerk/Treasurer, Ms. Teresa Bender Public Works, Mr. Joel McPher I. CALL TO ORDER bey revie agenda with Council and reported that he had s f Staff arlier that morning. Mayor Swedberg stated that during t co inuation of their day-to-day responsibilities and priority . ning a process for filling the City Administrator position ions that they were unable to answer, he was willing to assist edberg noted that he would be out of town the following week or ra s uld be the fill-in for that period. Mayor Swedberg also stated y e reass ed taff and acknowledged that Mr. March resigned. None. Page 1 of15 July 13, 2001 Emergency Council Meeting Minutes IV. APPEARANCES/AWARDS None. V. CONSIDERATION OF MINUTES None. VI. PETITIONS AND COMPLAINTS None. VII. UNFINISHED BUSINESS None. VIII. NEW BUSINESS 1. Search Process and Plan for the Vacant City Administrator Position Council Member Capra questioned whether any current Council Members were serving at the time of Mr. March's hiring. No members reported. Council Member Nelson stated that Council used the executive search firm of Brimeyer to secure Mr. March for the position. Council Member Nelson stated that on July 12, 2001 she had received several calls from Staff stating that they had concerns regarding the interim period i.e., who is their boss, etc. Council Member Nelson stated that Mayor Swedberg suggested that she obtain information from the League of Minnesota Cities (LMC) in regards to the hiring process in similar situations. Council Member Nelson stated that the LMC forwarded names of executive search firms. Council Member Nelson narrowed LMC selection to three (3) firms that are located in Minnesota and have web sites. Council Member Nelson researched same on the internet. Council Member Nelson presented same to Council. Council Member Nelson stated that in her work experience, usually an individual is appointed in an acting capacity during the interim period and felt that the hiring process would take approximately two (2) months unless Council decided to handle the process on their own through local advertising, word of mouth, etc. Council Member Nelson stated that it was her feeling that the City Administrator's position was the highest position within the City. Council Member Nelson stated that she would like to ensure that Council does the best that they could to secure the most qualified applicant by utilizing the services of any of the provided executive search firms. Council Member Nelson stated that two (2) of the firms specialized in governmental individuals, (Brimeyer and DMG-Maximus). Council Member Nelson stated that Council needed to determine whether they would utilize an executive search firm and the possibility of appointing an individual in an acting capacity during the interim. Council Member Nelson stated that it has' been her experience that if a staff member is appointed in the acting capacity, it has the possibility of creating unique problems with staff during the period and following the period of appointment. Council Member Nelson stated that generally the individual that is appointed in the acting Page 2 of 15 July 13, 2001 Emergency Council Meeting Minutes capacity is not eligible for the position, but rather hired in the sole capacity of managing staff during the interim period. Council Member Nelson reported that she had spoken with City Attorney, Mr. Jim Hoeft who agreed with the utilization of any executive search firm on the list provided by the LMC. Mr. Hoeft stated that Council had two (2) choices during the interim period, one would be to appoint a current staff member in the acting capacity or the hiring of a temporary, interim City Administrator who would be a part time consultant who would manage staff; etc. Council Member Nelson stated that Mr. Hoeft recommended several individuals that would be interested in the temporary interim City Administrator position. Ms. Hoeft stated that currently, both individuals are employed part time with the City of Columbia Heights. Council Member Nelson stated that the individuals were Mr. Randy Schumacher and Mr. Mark Nagel Council Member Nelson stated that she had spoken with Mr. Schumacher and found him to be helpful. Mr. Schumacher was also aware of two individuals that were between positions who may be interested in same. Council Member Broussard Vickers stated that Mr. Schumacher was the previous Lino Lakes City Administrator. Council Member Nelson stated she was unaware of Mr. Schumacher or any of the other individuals. Council Member Travis questioned whether there was any member of Staff interested in the position, interim or permanent. Council Member Nelson stated she did not believe anyone on Staff was qualified for the position. Council Member Travis stated that he did not believe there needed to be much qualification for the interim period. Council Member Nelson stated that the interim position would not and that is a possibility, or having two (2) individuals. Council Member Capra stated that her concern was that currently the City is under staffed and unable to keep up with daily responsibilities, summer vacations, etc. Council Member Capra questioned whether there was enough support in the office currently and if someone gains more responsibilities, even in an interim situation. Council Member Capra believes personally the City is short staffed, even with Mr. March employed. Ms. Capra stated that the City needs additional Staff in clerking or answering the phone. Ms. Capra questioned the feelings of Clerkffreasurer, Ms. Teresa Bender. Ms. Bender stated that as they had spoken previously, the City is under staffed and an additional individual to answer the telephone, assist customers at the window was needed. Ms. Bender also stated that she had spoken with Building Official/Public Works Director Mr. Paul Palzer in regards to an interim individual. Mr. palzer stated that in his opinion current Staff could do without an interim. Ms. Bender stated that she believed that current Staff could assist residents with questions, if Staff is unable to complete same, Staff can utilize the assistance of the City Engineer and the City Attorney. Ms. Bender felt that depending on the length of the interim period, Staff could operate the City efficiently. Ms. Bender did request that if this avenue was taken that Council consider the hiring of an individual to answer the telephone, assist customer at the window, issue permits, etc. Staff has been battling with Ms. Lien assisting the Parks and Recreation Committee and how much time same consumes and takes away from her day-to-day responsibilities, Ms. Sweeney assisting the Economic Development Committee (EDC) and how much time same Page 3 of 15 July 13, 2001 Emergency Council Meeting Minutes consumes and takes away from her day-to-day responsibilities. Ms. Bender stated that she proofs Council and the Planning and Zoning meeting minutes, completes Fete des Lacs and the Ad Hoc Communications Committee meeting minutes. How much time is consumed by these functions and current Staff is already overloaded. Council Member Capra stated that she had spoken with Ms. Bender previously and mentioned the fact that Council had previously tabled a request for a Receptionist and Mr. March stated that he would forward a recommendation to Council. Council Member Capra stated that she believed this would be forwarded prior to the next budget was set; as far as hiring Staff. Council Member Capra stated that she believed, based on the accounting firms report, that current staff is capable of completing the accounting functions; however, being in a small office, answering telephones and completing other tasks is taking them away and it is extremely difficult to work with numbers and have interruptions. Council Member Capra stated that she did not desire a Receptionist be hired because she desired that the individual have more responsibilities than answering the telephone. Council Member Capra stated that she desired that a Clerk be hired, someone that would have more responsibilities than someone who just answers the telephone. Council Member Capra felt that same would be a waste of tax dollars. Council Member Nelson stated that she felt that the new City Administrator would have staffing recommendations. Council Member Capra stated that she would not have a problem with securing a temporary individual to assist in answering telephones, etc. Discussion ensued in regards to Council's previous motion to hire an intern, Mr. March training same and the need to ascertain if Mr. March had offered the position. Council Member Broussard Vickers felt that Staff could direct the intern in terms of projects that are on going. Council Member Broussard Vickers felt that the City had an individual that was qualified and willing to work for the fee previously discussed, the City has projects even if that means answering the telephone, etc. Ms. Bender would direct the intern as to duties and responsibilities as Staff needs require. Council Member Broussard Vickers stated that to the end that Staffs current time is being consumed by Committees/Commissions, same cease immediately. No more projects for Parks and Recreation, Economic Development and Fete des Lacs, until Staff and Council are able to provide assistance in these areas. If this means that the committees slow down so be it, the committees are here to provide input and advice; other than Planning and Zoning which has more legal function because of plats, etc. The remaining Committees wait, any Committee that consumes Staff time demand ceases now and Staff concentrates on administrative, day-to-day operations. Council Member Broussard Vickers felt that there was no reason why Council could not go to those Committees and inform them that we are experiencing a shortage of Staff, you can not have Staff time anymore, you can do your own research, copying, even if it would mean no more Staff time spent at meetings for minute taking or liaison so the City does not have any lost time out of the office due to the use of compensatory time because Staffhas been at a meeting. Council Member Broussard Vickers felt that for two (2) or three (3) months it is not an issue. Most of the issues on the table with Committees can wait. Council Member Travis stated that he felt is was a very good suggestion; however, same may irritate some people but during the interim you have to. Council Member Broussard Page 4 of 15 July 13, 2001 Emergency COImcil Meeting Minutes Vickers stated that during the interim if Committees desired to have their own meetings, if they have projects that they need to look into, set their own agenda, type and forward same, do what they need to do to take up the slack. If they cannot take up the slack, then they temporarily do not have meetings if they feel they can operate without Staff input. Unless a Committee comes forward to Council and states that a project cannot wait or be delayed, whatever. Council Member Broussard Vickers stated that she did not believe that anything is so vital, at this point, given the situation that Council and Staff are in that Council cannot say sorry. Mayor Swedberg stated that Council needed budget figures from each Committee. Council Member Nelson stated that Fete des Lacs does have commitments that have to be met. Council Member Broussard Vickers questioned whether Fete des Lacs was utilizing a large amount of Staff time to do their organizing or etc. Council concurred that they are not. Mayor Swedberg stated that Staff primarily is providing accounting functions. Council Member Broussard Vickers stated that Staff would continue in this respect and whatever projects any body is working on for any Committee comes to a hah and Committees are notified. Ms. Bender requested clarification in regards to the discussion and stated that the Parks and Recreation Committee is currently working on the Wheels Park and ordering equipment for same and Council does want that to proceed. Council Member Broussard Vickers stated the ordering of equipment. Projects that are in the works and has some public impact. Mr. McPherson introduced himself to Council. Council Member Broussard Vickers felt that the intern could commence employment and assist Staff with answering the telephone as a start and in another week or two (2) Council can determine whether to hire a temporary individual. Council Member Travis stated that the training of the intern would take away from current Staff time. Discussion ensued in regards to the intern's educational background. Mayor Swedberg suggested that Mr. March draft an outline of what Mr. March desire the intern to accomplish assisting the intern in direction. Council Member Capra requested that Council draft a list of items that Mr. March needed to be accomplished prior to his last day and items that Council needed additional information on. The list is as follows: Ms. Kris Sweeney's performance review, whether or not Mr. March had extended the offer to the intern and outline the projects he desired the intern to complete. Discussion ensued regarding the hiring of a temporary individual. Consensus was to wait on this item; however, Council was open to this option. Council Member Broussard Vickers questioned the payment of overtime hours to individuals who attend evening Committee/Commission meetings. Ms. Bender reported that they are paid overtime. Council Member Capra stated that they probably wanted to continue same. Council Member Broussard Vickers suggested applying those same hours and applies them however to daytime hours and not nighttime hours. In other words Council would take that same time and apply that to office work and no more Page 5 of 15 July 13, 2001 Emergency Council Meeting Minutes evening time for the interim, effective immediately. Council Member Broussard Vickers felt that anyone who is currently within the office should be offered to increase their hours to full time. Discussion ensued in regards to Ms. Jill Lien being the only individual that is currently part time. Council Member Broussard Vickers stated that if Ms. Lien desires to work forty (40) she should be authorized to do so. Council Member Travis questioned whether there would be benefit requirements that would need to be met with same. Ms. Bender stated that Ms. Lien is currently % time and receives overtime compensation for hours exceeding eight (8) in a day. Council Member Broussard Vickers clarified by stating over eight (8) in a day, but if she were not over eight (8) hours in a day, she would receive straight time. Ms. Bender concurred. Council Member Broussard Vickers questioned whether Council could make a temporary employment offer for an additional eight (8) hours per week or however many the remaining Staff works, at her same pay, with not extra benefits for full time if she is interested. Council concurred that this could not be done and that all benefits needed to be the same for all employees of the same part time or full time status. Council Member Travis questioned whether Ms. Lien has desired to go full time in the past. Ms. Bender stated that Ms. Lien has not in the past; however, things may have changed. Council Member Broussard Vickers felt that Ms. Lien should be offered full time employment. Council Member Nelson stated that with temporary agencies, sometimes you can get an individual long term as far as like two (2) or three (3) months; the same person, once you have trained them they come in and do the work, it's a temporary thing and you do not have to provide benefits to them. Council Member Capra stated that actually they prefer same. Council Member Broussard Vickers stated that ifwe have each Staff person working even two (2) to five (5) hours on Committee work, same is immediately gained. Council Member Broussard Vickers stated that she believed Staff is very close to this. If Ms. Lien is interested in working forty (40) hours a week; even temporarily, not even forever if just a short period for whatever length of time she would be willing, that is another gain right there and another twenty (20) hours of Staff time pretty quickly if Council does some of these temporary measures so that over the next week or two (2) operations are fine. Council concurred. Council Member Broussard Vickers requested that Mr. March participate in an exit interview. Council Member Broussard Vickers wanted to ascertain exactly what made Mr. March leave. Mayor Swedberg stated that a third party may assist in this process and the League of Minnesota Cities (LMC) may be able to assist in same. Council Member Nelson questioned Council Member Broussard Vickers' feelings on an executive search firms or any interim City Administrator. Council Member Broussard Vickers stated that she would like to place an advertisement in the Sunday paper. Council Member Travis stated that he would like to place advertisements in the League Bulletin and the Sunday paper prior to expending funds for an executive search firm. Council Member Broussard Vickers stated that the advertisements should be run just once to see what is generated from same and felt that it would cost 20,000 to 40,000 dollars to secure an executive search firm. Council Member Nelson corrected same by stating $20,000. Council Member Travis stated that he had spoken with Mr. Tom Wilharber and his reluctance, he stated that if Council desired to complete the search themselves, be prepared that they could go through one (1) or more Administrators. However, that is not the end of the world, Council is determining to spend a large amount Page 6 of 15 July 13, 2001 Emergency Council Meeting Minutes of money. Council Member Travis stated that Brimeyer, according to Mr. March was not the answer. Not specifically Brimeyer, a search finD. Council Member Broussard Vickers stated that if Staff could keep things afloat even for two (2) or three (3) weeks until Council needs to make that decision and review the quality of the applicants that are interested in the position, simply from the paper and League Bulletin. Council Member Broussard Vickers stated that individuals that are qualified for this position and are registered with these search firms are also probably reading the paper. Council Member Nelson stated that these firms take two (2) months to process so wherever Council starts, Council would be look two (2) months following same. Council Member Broussard Vickers stated that she did not anticipate filling the position for three (3) to four (4) months if Council was lucky. Council Member Nelson stated she has a real concern with that. Council Member Capra stated that a budget needed to be compiled by the middle of September, a preliminary budget. Council Member Broussard Vickers stated that Council needed to adopt a resolution approving a preliminary budget by September 14, 2001, if you set last year, which Council already know, we are at the right ball park. Council can always decrease same but cannot increase same. Council Member Broussard Vickers stated that she thought the City was well protected if Council sets the rate the same as last years. Council Member Travis stated that same is worst-case scenario. Council Member Broussard Vickers stated that Council works within their perimeters. Mayor Swedberg stated that he thought being that it is already July, mostly individuals, if they have families, have accepted positions and they try and move in the summer months. Mayor Swedberg felt that it would be wise to move quickly rather than waiting on this because Council may still be able to retain individuals prior to school commencing. Council Member Broussard Vickers stated that the City does not have requirements for residency requirement. Mayor Swedberg stated that he felt it was better to commence the process more quickly rather than it is to sit and wait on it. Council Member Broussard Vickers concurred but felt that an advertisement should be placed in next Sunday's paper and the League bulleting. Council Member Capra stated that she did not believe she was qualified to sort through all of the applications and interviewing consumes a large amount of time. Council Member Capra stated that she desired to have some one assist in the process and weed it down. That is the process Brimeyer assisted in with the hiring of Mr. March. The City went through several Administrators in a short period of time prior to acquiring Mr. March who was employed for five (5) years. Council Member Capra stated that at the time, Council made a decision no matter what that cost. Council Member Capra admitted that it does cost a lot of money to secure an executive search firm; however, there has been no transition for five (5) years, up until this point. Council Member Capra felt that same was worth a large amount of money. Council Member Nelson concurred. Council Member Capra stated that if the City is operating for three (3) months without a City Administrator what is being saved without expending salary, benefits and car allowance. Council Member Capra stated that she desired to apply same to securing an executive search :firm and desired to bring in some one who has experience looking through references and verifYing information. Council Member Capra stated that she would feel qualified if a professional reviewed all applicants and forwarded their top candidates. Page 7 of15 July 13. 2001 Emergency Council Meeting Minutes Council Member Travis questioned whether Council Member Capra felt that advertising on Council's own was worth a try. Council Member Capra stated that she did not know; however, that salary and benefits that would be saved during the hiring process could be applied to an executive search firm and she considered it an overwhelming task to review resumes, applications and she did not feel qualified to complete same. Council Member Capra stated that she felt comfortable assisting in the interview process. Council Member Capra stated that she believed an advertisement should be placed in the paper and the results should be forwarded to a firm. Council Member Nelson stated that if an executive search firm is hired, they would advertise on their own. Council Member Nelson stated that several search finns that work with government work with non-profit agencies and the do apply a non-profit fee schedule for same. Council Member Nelson stated that she had been employed as a Human Resource Director for ten (10) years, interviewed hundreds of people and felt that she is not qualified on this level and did not believe any one else was either on this level. Council Member Nelson felt that advertising in the paper would be a waste of very valuable time and need to have a professional search firm due to the fact that this is the most important staff position within the City. Council Member Nelson felt that everything hinges on this position, including every staff member, his or her salaries and livelihood...it is too important of a position. Council Member Nelson stated that she would not be in favor of placing an advertisement in the paper and going the least expensive route and she would be happy with any ofthe finns. Council Member Capra questioned Mr. Hoeft's comments. Council Member Nelson stated that Mr. Hoeft supported the hiring of an executive search firm and stated that Brimeyer was popular in the Twin Cities and the other two (2) finns were also good. Council Member Nelson stated that the three (3) firms were located in Roseville, St. Louis Park and Hopkins. Council Member Nelson stated that she personally like DMG- Maximus in Roseville based on what she read from their web site and that they are based on government individuals. Council Member Broussard Vickers questioned obtaining quotes from the three (3) finns. Council Member Nelson stated that she thought they should obtain same from more than one (1) firm. Mayor Swedberg stated that his schedule is booked for the month of August. Council Member Nelson stated that these finns complete all of the preliminary work. Council Member Broussard Vickers questioned whether the three (3) finns should be present and the next Council meeting. Council concurred. Council Member Broussard Vickers stated that typically Council would have some contingencies if the person does not stay; a portion of the fee is refunded. Council Member Capra requested that Council Member Nelson contact the three (3) finns and arrange for them to submit a proposal or appear at Council's next meeting. Same was the consensus of Council. Council Member Travis stated that he would still like to try finding an individual on Council's own. Council Member Capra disagreed and did not feel qualified. Hanna, The Hugionan, questioned whether the meeting was being cablecasted. The Mayor stated that a cable operator was not secured for the meeting and same is being audio recorded. Ms. Bender stated that word of mouth travels quickly amongst municipalities and position availability. Mayor Swedberg stated people may submit letters of interest Page 8 of15 July 13, 200 I Emergency Council Meeting Minutes Council Member Broussard Vickers requested that within the search firms quote she would like to know if candidate comes to Council, Council refers them to the search firm what the dollar figure would be for same. Mayor Swedberg stated what are the options they can provide as well as fees. Council Member Nelson stated that she e-mailed a firm due to the mct that she found the firm first and she had yet to receive a response. She would contacting them by telephone; however was concerned in regards to proceeding forward prior to Council's consensus. Council Member Broussard Vickers also requested how each firm would handle the situation if Council found their own candidate/bailout obligation. Council Member Nelson stated that two members of Staff requested that she bring forward their recommendations for the vacant Administrator position. Ms. Lien suggests Ms. Ry-Chel Gaustad, Mr. Paul suggested Ruth from the City of Hilltop. Council Member Nelson stated that Ruth was runner up when Mr. March was hired, Mr. PaIzer also suggested Mr. Mike Erickson who is currently employed at the City of Hugo. Mr. PaIzer is fumiliar with Mr. Erickson through an interview process and Mr. Erickson has been a speaker at the League Conference. Council Member Broussard Vickers stated that all Council Members need to review what has been forwarded to the City in this regard. Staff should be directed to forward telephone calls, mail, e-mail, etc. to all Council members. Council Member Broussard Vickers stated lets see what we get from free advertisement (word of mouth). Council Member Broussard Vickers stated that Council may be able to ascertain the quality of applicants that are received during the next week and a half and then decide whether to expand their search on their own. Mayor Swedberg suggested the possibility of an outreach notice. Council Member Nelson stated that Council needed to determine the desired candidate and stated that the executive search firms provide same. Council Member Nelson questioned the possibility of discussing the appointment of an interim City Administrator because several Staff members questioned same. Council Member Travis questioned whether there were recommendations from Staff in this area. Council Member Nelson stated no and questioned whether others had received any. Council Member Capra reported that several members had concerns over who would be in charge. Council Member Capra stated that their primary concerns were regarding a vacation day, if they have a problem. Council Member Nelson questioned Mr. McPherson whether he had a preference. Mr. McPherson stated that between Mr. Palzer and Mr. Cook they have a large amount of experience, Ms. Bender has been here how long. Ms. Bender stated two and a half (2 1/2) years. Mr. McPherson stated that current Staff could handle basically any issue and if there were an issue they could not handle they would contact Council. Mayor Swedberg stated that if they have a problem or if they have a problem they do not normally scope how does Council desire them handle same. Council Member Nelson stated that Mr. Hoeft suggested if Council desires to hire a temporary Administrator in the interim, same would only need to be part time consultant and "manage the Staff" and day to day details would be handled by City Staff, City Engineer and City Attorney. Council Member Nelson stated that Mr. Hoeft did add not Council because in both Mr. Hoeft's opinion and in hers, then Council would have a mess. Council could appoint a Page 9 of 15 July 13, 200 I Emergency Council Meeting Minutes Staff member if Council feh someone was qualified and Council feh comfortable with same or Council could hire a temporary, interim, part time consultant individual who would manage staff. Council Member Capra questioned the expenditure associated with same. Council Member Nelson stated that at this time it was unknown. Council Member Broussard Vickers stated that the next staff member in the structure of authority would be Mr. Palzer and in the interim she would like to appoint Mr. Palzer until the next Council meeting. Discussion ensued in regards to Mr. March's last day and the possibility of Mr. March expending vacation time. Council Member Nelson stated that Council needed to research this issue. Council Member Broussard Vickers requested that Council discuss with Mr. March if he expects to expend vacation time until July 25 or whether Council can expect that he would be in the office daily until July 25. Council Member Broussard Vickers stated that normally he informs Council when taking vacation time; however, Council needs a notification of either he is taking it or that he can be expected here until July 25. Mayor Swedberg questioned whether Council could say in Mr. March's absence, Mr. Palzer is acting interim City Administrator until the next Council meeting, Council has the next most senior member of Staff and he if he has questioned that he is unable to answer and questions are unable to wait, he has one (l) contact person for the Council being the Mayor and at that point its questions, the Mayor can call around to ascertain answers to same. Mayor Swedberg stated that if the questions are straightforward he should be able to handle same. Council Member Broussard Vickers stated that she did not believe there were going to be many questions that Mr. Palzer would be not be able to handle. Council Member Nelson had concerns regarding same. Mr. Palzer had contacted her six (6) times in regards to vacation time. Council Member Broussard Vickers stated that research needed to be completed through the LMC to determine if the City could suspend any unscheduled vacation leave, well then give Mr. Palzer the authority to grant vacation time as he sees fit during the interim. Council Member Nelson questioned whether during the interim, having Mr. Palzer manage the Public WorksIBuilding Department and Ms. Bender manage the Administrative Staff. Council Member Nelson stated that she felt it was a lot to ask Mr. Palzer to manage both facilities. Council Member Broussard Vickers felt that Council needed one (1) person as the main contact, as the final decision maker in the interim. Mayor Swedberg questioned whether Council could make this decision at the Council meeting where Staff could have input and decide direction. Council Member Broussard Vickers stated that Council could receive input during the interim on how the decision is working and whether anyone has came forward that is inquiring about the interim position. Mayor Swedberg questioned whether Council should advertise in the League Bulletin for an interim position to buy time. Council Member Broussard stated that Council could certainly do same. Council Member Nelson stated that she was unsure whether she had an understanding of Council's desire to have an interim individual. Council Member Broussard Vickers stated that she did not know whether she desired an interim individual if the people that are here can complete the duties and she would not know if they desire to and can they. Council Member Nelson questioned Ms. Bender's opinion regarding whether she desired a temporary outside interim or a Staff interim. Ms. Bender stated that Council needed time to consider their desires of a candidate to fill the City Administrator's position and that Staff could handle the ongoing, day-to-day operations without hiring a part time, temporary interim City Administrator. Between Mr. Palzer and myself, we have the knowledge to handle same. Council Member Capra Page 10 of15 July 13,2001 Emergency Council Meeting Minutes clarified Ms. Bender's comment by stating part time office help. Ms. Bender stated that Staff does need additional office support. If we could increase the current % time position to full time and apply overtime hours from Committees same would assist Staff in day-to-day operations. Council Member Nelson stated that Council just authorized same Consensus was that no voting had been completed on this issue. Ms. Bender stated that Council had consensus on this issue and all members agreed to same. Ms. Bender stated that she had some concerns with Mr. Palzer understanding the Administrative responsibilities; however, she had nothing but good to say about Mr. Palzer, I am aware of his supervisory skills. Council Member Broussard Vickers questioned whether a co-interim work or does Council need to divide stating that Ms. Bender manage the Administrative functions and Mr. Palzer manage Public WorksIBuilding Inspections functions. Council Member Broussard Vickers stated that Mr. Palzer is currently supervising Public WorksIBuilding Inspections. Council Member Nelson stated that Mr. PaIzer had difficulty authorizing a vacation for Mr. Tedd Peterson. Council Member Broussard Vickers stated that Mr. PaIzer probably had difficulty because Mr. March would not let him do same. Council Member Nelson stated that Council would need to reiterate to him that he would have the authority contingent upon Mr. March's termination date. Council Member Broussard Vickers stated that then it would go to Ms. Bender to authorize the office, even though in the past it has been practice to grant same on short notice, a request can be denied. Council Member Travis stated that it may be harsh to mandate same, it may be more to just request to hold off scheduling vacation. Council Member Broussard Vickers stated it is one thing if it is already scheduled and on the books. Council Member Broussard Vickers stated that she very much agrees with the Attorney and does not want to be involved with the day- to- day operation. She has not been, she does not want to be, she does not desire daily contact, she does not desire Staff to have daily contact and same is not a Council function to her. Mayor Swedberg questioned whether Staff desired a check in from Council every day and offered to comply with whatever Staff desired of their assistance. Ms. Bender stated that Staff would probably prefer that if needed, Staff contact Council Members. Mayor Swedberg stated that same was fine. Council Member Travis stated that it was a good idea that during the interim of the interim to have Ms. Bender and Mr. Palzer. Ms. Bender the administrative and Mr. Palzer business as usual, does Ms. Bender consult with Mr. Palzer. Council Member Broussard Vickers stated that she thinks they consult with each other when they feel like they need to, I think they need to coordinate with one another with staffing issues if there are any, vacation issues so that they are in contact on a regular basis and if this can be accomplished until the next Council meeting when Council can ascertain Mr. March's last day. Council Member Broussard Vickers stated that if Mr. March is in the office she did not desire to have him working on day-to-day functions, she would rather have him working on larger projects, ie. outlining large projects that are coming due, outlining every piece of knowledge he has. He does not need to be answer any more day-to-day items. If he is actually going to be in the office, he does not need to take a vacation request any more; he needs to draft information that Council needs to know. Council Member Travis concurred. Mayor Swedberg questioned the signing of checks and stated that he would feel much more comfortable if another individual signing checks with him. Discussion ensued Page 11 of 15 July 13. 2001 Emergency Council Meeting Minutes regarding Ms. Bender. Mayor Swedberg stated that Ms. Bender issues same. Ms. Bender stated that Ms. Sweeney issues same and she proofs them. Ms. Bender stated that she did not feel comfortable signing same. Consensus was that Council Member Travis would be a signatory, due to the fact that he is the Acting Mayor in the absence of Mayor Swedberg. Discussion ensued in regards to signature cards, bonding, etc. Ms. Bender stated that the City currently has insurance on Council Members and that she would contact the bank for the appropriate documentation. Council Member Nelson questioned whom Council would appoint to discuss with Mr. March the items on the list. Council Member Capra stated that she had a scheduling difficulty with Monday, would be unable to complete same and would be fine with Council Member Nelson completing same. Council Member Nelson requested Council Member Capra's list of items of discussion with Mr. March. Council Member Capra reviewed the list of questions for Mr. March; Ms. Sweeney's performance review, ascertain if he has offered the internship, agreed to an exit interview, ask how long Council can expect him to be in the office on a regular basis, infow Council of the big picture items. Discussion ensued regarding the possibility of offering that Mr. March complete same at home, liability issues involved with same, vacation time. Council Member Broussard Vickers stated that if Mr. March is on vacation then he needs to be on vacation, if he is actually working than he has vacation time coming to him when he is gone in tenns of pay. Council Member Broussard Vickers stated that if Mr. March is actually going to be in the office Council desires the big picture and ifhe is going to give Council notice of vacation Council would like to have same. Council Member Nelson stated that Council desires to know what to expect from Mr. March in the interim and then she would talk to him based on his response in regards to Mr. Palzer and Ms. Bender so same is clear. Council Member Broussard Vickers stated that Council is directing them to take over day-to-day operations. Mayor Swedberg added supervision and stated that he thought supervision was a good word. Council Member Nelson stated that Council's intent was that at their next Council meeting, Council Member Nelson would try to obtain three (3) executive search firms to present proposals and appear at the meeting, re-evaluate the interim City Administrator - appointing an interim City Administrator, continuing with the status quo or obtaining the advice of the search firms. Council Member Broussard Vickers stated that she would like to see Council agendas kept to a minimum. Mayor Swedberg questioned whether Council could focus only on this issue. Council Member Broussard Vickers stated no due to the fact that Council has legal requirements that must be met along with petitions and complaints come forward. Council Member Broussard Vickers stated that anything else that Council is adding needs to be cut down as much as possible. Council Member Broussard Vickers stated that she knows Council puts a large demand on Staff time and in addition to Council requesting that Committees lighten up, Council is going to have to lighten up, wherever Council can. Council Member Capra stated that the only minutes Council needed in their packet is the Planning and Zoning Commission minutes. Council stated that the Council meeting minutes and Planning and Zoning minutes did not need to be proofed because Council does that anyway or need to be approved immediately. Council Member Broussard Vickers stated there have been plenty of times where minutes went months and months before being approved. Discussion ensued regarding remaining current on minutes, proofing, etc. Council Member Capra stated that the previous set of minutes was missing pages 11 and 12. Page 12 of 15 July 13, 2001 Emergency Council Meeting Minutes Council Member Nelson stated that the reason this meeting was called was that Council Member Capra had e-mailed her stating that she had received several Staff calls concerned about the interim, and would an Emergency meeting be in order. Council Member Nelson concurred and contacted Ms. Bender to arrange same. Council Member Nelson stated that Council does want Staff to understand that Council does have a plan and they can rest assured in their jobs. Council Member Broussard Vickers questioned Ms. Bender whether she and Mr. patzer could forward the information to Staff or would Staff prefer a meeting with Council. Mr. McPherson felt that a Staff meeting with Council would be preferred. Discussion ensued regarding the Mayor being out of town the following week, etc. Council Member Broussard Vickers questioned whether Council could set Monday evening or Tuesday evening for a Staff meeting with Council and whichever Staff would care to be there. Council Member Nelson stated that if Council could be with Staff it should be as early as possible before they go home. Discussion ensued regarding proper posting of the meeting; cable channel, vestibule and sign out front, the definition between Emergency and Special meeting, members schedules, etc. Consensus was that Council would meet on Wednesday, July 18, 2001 at 4:00 p.rn. and three (3) members would try to make the meeting. Council Member Broussard Vickers stated that if any Staff person contacts any Council Member, the entire Council is notified with the name of the person that has been notified of exactly what the problem was so that all five (5) of the members have all contact from all individuals. Council Member Capra questioned whether same needed to be filtered through Ms. Bender, Council cannot share information without same being public. Consensus was that the items could be e-mailed to her and then forwarded to all Council Members. Council Member Broussard Vickers felt that if Staff desired to speak with a Council Member there are aware of same. Council Member Broussard Vickers stated that Staff should be notified right away on Monday, in writing, that they are certainly able to Council, but if they do, they need to be aware that everything they say and who they are is simply going to be notified to all Council Members. Council Member Nelson concurred. They may find one (1) person easier to talk to or not, but then at least every one is in the loop and has the same information. Council Member Nelson stated that usually when she speaks with someone, she writes down a conversation report, City or her own business conversations. Page 13 of 15 July 13, 2001 Emergency Council Meeting Minutes Motion by Council Member Nelson. seconded by Council Member Capra to contact three (3) executive search firms to address the Council at their next meetin!!. to present Council with a Quote for services. to inform Council of their procedures would be and to discuss whether or not if the City secures a candidate or whether they secure the candidate how same would effect the financial arran!!ement with a 10 minute presentation and 5 minute Question and answer period. All in favor. Motion carried unanimouslY. Motion by Council Member Capra. seconded by Council Member Travis that from this point on to have Mr. Patzer and Ms. Bender take over the operation and supervision of the City Staff. day-to-day operations until the next Council meetin2. in their respective areas and consult with each other when necessary. All in favor. Motion carried unanimouslY. Discussion ensued in regards to the need to motion for Council Member Nelson to discuss the previously stated issues with Mr. March. Consensus was that she was previously directed to do same; however, the entire Council desired to be informed of same via e-mail. Motion by Council Member Nelson. seconded by Council Member Capra that Council have a Special Council Meetin2 on Wednesday. JulY 18. 2001 at 4:00 p.m. for the purpose of discussin!! with Staff: Staff concerns. update on interim information and City Administrator issues. All in favor. Motion carried unanimouslv. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson that Staff be notified in fe2ards to contactine Council and each Council Member in turn will notify all other Council Members via Ms. Bender of their conversation and the individual that they were speakine with fe2ardin!! questions. concerns. issues. etc. Council Member Capra questioned whether working with Staff to order items for the upcoming Life Time Achievement Awards would constitute a need for same. Council Member Broussard Vickers stated that if a Staff member approached a Council Member. Council Member Broussard Vickers stated that her motion was intended for items such as discussing issues or concerns that a Staff member may have that they want Council to be aware of for whatever reason. Council Member Nelson stated that she particularly liked the motion. All in favor. Motion carried unanimously. Mayor Swedberg stated that he desired to recognize the Hugonian for bringing to Council's attention the need to make a motion in regards to check signatory. Motion by Council Member Nelson. seconded by Council Member Capra to add Actin!! Mayor Travis as a si!!natory on City checks until such time a City Administrator has been hired. All in favor. Mayor Swedbere. Council Members Page 14 ofl5 July 13, 2001 Emergency Council Meeting Minutes Broussard Vickers. Capra and Nelson - Ave. Council Member Travis abstained. Motion carried. Motion by Council Member Capra. seconded by Council Member Travis to add Council Member Nelson as an additional sh!natorv on City checks until such time a City Administrator has been hired. All in favor. Mayor Swedbel"2. Council Members Broussard Vickers. Nelson and Travis - Ave. Council Member Nelson abstained. Motion carried. IX. CONSENT AGENDA None. X. COMMITTEE REPORTS None. XI. ADMINISTRATOR'S REPORT None. XII. ADJOURNMENT Motion by Council Member Nelson. seconded bv Council Member Capra to adiourn the Emel"2encv Meetine of July 13. 2001 at 7:54. All in favor. Motion carried unanimouslv. Transcnbed by: Teresa Bender, Clerkffreasurer Page 15 ofl5 July 18, 200 I Special Council Meeting Minutes STAFF: Public Works Director/Building Official, Paul P ClerkJTreasurer, Teresa Bender Account Clerk/Receptionist, Jill Lien Account Clerk IT, Kris Sweeney CITY OF CENTERVILLE SPECIAL CITY COUNCIL MEETING JULY 18, 2001 4:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly sch meeting on July 18,2001, at City Hall, 1880 Main Street. PRESENT: Acting Mayor Dick Travis (arrived at 4:20 p.m.) Council Member Mary Capra Council Member Mari Nelson ABSENT: Mayor Tim Swedberg Council Member Broussard Vickers I. CALL TO ORDER Council Member Nels 4: .m. d e to lack 0 quorum, no motions would be made o y. it Member Nelson reviewed the agenda C uncil Member Nelson requested that the word .th "Special" on the agenda. II. III. IV. None. V. CONSIDERATION OF MINUTES VI. PETITIONS AND COMPLAINTS P"lJP' 1 of 1 t; July 18, 2001 Special Council Meeting Minutes VII. OLD BUSINESS None. VIII. NEW BUSINESS 1. Search Process and Plan for the Vacant City Administrator Position Council Member Nelson stated that three (3) executive searchfinns would be interviewed at the next Council meeting, Brimeyer, Sathe and DMG-Maximus. Council Member Nelson stated that each firm would be given 10 minutes to provide Council with a presentation and Council would be conducting a 5 minute question and answer period following each presentation. 2. Interim Council Member Nelson stated that Council motioned to have Mr. Pa1zer supervise the Public Works Department as currently responsible for and authorized to approve other items pertaining to staff such as vacation approval and whatever is necessary. Ms. Bender would be in charge of the City Hall staff. When the situation has to do with the City as a whole, the two (2) individuals would reach a consensus as to the direction to resolve the issue(s). Council Member Nelson also stated that at Council's meeting of July 25,2001, they would be evaluating the outcome of same. Council Member Nelson reported that Council also had discussed the option of appointing an Interim City Administrator. This individual would not be applying for the position and not a staff member, an individual that would be temporarily employed in the capacity of managing staff. Council Member Nelson stated that this option would be considered following the above mentioned direction of Council. Ms. Lien questioned the process involved in determining an individual for the Interim City Administrator position. Council Member Nelson stated that through her experience, she is familiar with an individual and Mr. Hoeft suggested several individuals that have experience in this area. Mr. Hoeft was also aware of several individuals that are in between jobs who have experience in City Administration. Council Member Nelson stated that Council feh that with the authorization of Staff to increase their hours or not focus on Committee/Commission minute taking in the evening, Staff's time could be utilized on administrative, day-to-day, operations of the City and have the possibility of managing with the current Staff. Council Member Nelson stated that Ms. Bender had been authorized to retain a temporary employee from a temporary agency to answer the telephone and general assistance. Council Member Nelson stated that Council discussed the previously approved intern position and stated that at the time of the Council meeting, the selected candidate had not been offered the position; however, Mr. March suggested that the offer be extended subsequent to same. Mr. March discussed his termination PROf> ? of 1 tl July 18, 2001 Special Council Meeting Minutes and the need for general office assistance with the selected candidate who stated his willingness to assist in all areas. Mr. March also stated that Staff would be pleased with the assistance provided with same. Ms. Bender stated that Mr. Mike Duffek had started the intern position that morning. Ms. Bender explained that Mr. Duffeck attends the U of M and is currently participating in afternoon classes on Monday, Wednesday and Fridays. Mr. Duffek felt that he would be able available Monday, Wednesday and Fridays until 12:00 p.rn. and all day Tuesday and Thursdays. Mr. Duffek extended the offer to return to the City following the completion of class. Ms. Bender discussed this item with Mr. Duffek and it was determined that with commuting time and City Hall hours it was unnecessary. Ms. Bender stated that Mr. Duffeck completed a Planning and Zoning project and is eager to begin new tasks. Discussion ensued regarding Mr. Duffek's first day, new surroundings, new faces, etc. Council Member Nelson stated that Council felt it important to meet with Staff to inform them of the outcome of Council's July 13, 2001 Emergency Council meeting and provide Staff an opportunity for expressing concerns or questions that they may have. Council Member Capra stated that Council also motioned to approve Acting Mayor Travis as the replacement signatory for Mr. March on disbursement and payroll checks during the interim. Council Member Capra also stated that Council Member Nelson would be signing checks in the absence of either Mayor Swedberg or Acting Mayor Travis. Council Member Capra questioned Ms. Bender as to whether this information had been passed along to Ms. Sweeney. Ms. Bender stated that she felt that the information would be best provided by Council at this meeting. Ms. Bender stated that Ms. Sweeney had several checks for signing, in the Mayors absence, by Council Member Nelson. Council Member Nelson questioned whether a signature card had been obtained. Ms. Bender concurred. Council Member Nelson stated that upon the arrival of Acting Mayor Travis, a quorum was present and recapped the meeting thus far. Acting Mayor Travis questioned Mr. Palzer in regards to the splitting of authority of the day-to-day operations and consensus duties and responsibilities. Mr. Palzer explained that previously, he and Ms. Sanna Buckbee, 7381 Pehier Circle, had been authorized in the same capacity in the absence of an Administrator prior to Ms. Buckbee's resignation and the outcome of same was favorable. Ms. Buckbee stated that during her service as a Council Member, the Council had conducted their own hiring process and the outcome was unfavorable on two (2) occasions. For these reasons, Ms. Buckbee suggested the acquisition of an executive search firm to assist Council in the hiring process. Council Member Nelson stated that in her opinion she is not qualified to interview on this level. Acting Mayor Travis questioned whether there had been interest shown by individuals in the area. Discussion ensued regarding the cost of securing an executive search firm. Council Member Nelson reported that the fees would be Plla", ':l nf 1 (; July 18, 2001 Special Council Meeting Minutes approximately $17,000 to $22,000 plus expenses to obtain same. Both Council Members Capra and Travis thought the fees would be higher or a flat percentage of the salary offered for the position would be used to determine same. Council Member Capra stated that Council felt during the search process, the funds not expended on salary for this position could be applied toward the cost of obtaining a search firm. Discussion ensued regarding the monthly salary and car allowance of Mr. March. Council Member Nelson stated that at this point, Council would like to provide an opportunity for Staff to express concerns or questions during the interim period. Ms. Lien stated that she was under the impression that if Staff had concerns with the current authorized staff, Mr. Palzer or Ms. Bender; staff could contact a Council Member, and in turn, the Council Member would e-mail that information to Ms. Bender who would forward same to all members of Council. Council Member Capra stated that Council had stated that they are open if Staff has any concerns. Ms. Lien felt uncomfortable with this arrangement and would prefer to direct same to all Council Members rather than one (1) and have that forwarded back to the individual that she may have concerns with. Council Member Nelson clarified Council's previous action in regards to this matter. Council Member Nelson stated that Council's intent was that if there was communication with one (1) Council Member, that same communication should be with the whole Council. Concern was that the Council act as a whole and not on an individual basis. Council Member Capra stated that she had spoken with Mr. Hoeft in regards to e- mail and the Open Meeting Law. Mr. Hoeft stated that no decision could be made through these e-mails, only opinions. Council Member Capra suggested that the e-mails be retained in a folder, available upon request of the public. Council Member Nelson stated that Council's goal was to ensure that Staff is not communicating with one (1) Council Member but every Council Member. Both Council Members Nelson and Capra explained a scenario or situation that has occurred where this process had taken place. Ms. Lien requested clarification on determining what would constitute a necessity of contacting all Council Members. Ms. Lien used the example of contacting a Council Member to obtain a telephone number. Members explained that in the referred instance, it would not warrant canvassing the message to all members; however, larger scope items would. Council Member Capra explained an additional item that warranted canvassing. Ms. Lien questioned whether the Council had heard feedback from committees/commissions in regards to Council's action in requesting that on a temporary basis, they provide as much assistance as possible in the areas of minute taking and transcnbing, agenda and packet preparation and lack of Staff attendance. Ms. Lien stated that her members had no knowledge of this item. Council Member Capra stated that the memorandum had recently been forwarded to same. Ms. Bender stated that the Economic Development Committee (EDC) and the Planning and Zoning Commission had received copies at their respective meetings the night previously and copies had been made for distribution to the other Committees. Ms. Bender was unsure whether all Committees/Commissions had received same via e-mail but would ensure same following the meeting. Ms. Bender stated that the Parks and Recreation Committee Liaison Broussard Vickers was present at the Council meeting on July 13, 2001; however it was not her responsibility to inform the Committee. Both Ms. Sweeney and Ms. Lien had P:I<1t" 4 of 1 /l July 18, 2001 Special Council Meeting Minutes received copies of same earlier in the day. Council Member Capra stated that EDC Chair, Ms. Aimee Fairbrother, found it difficult to facilitate and utilize a lap top computer during a meeting. Ms. Lien stated that she felt it would take a considerable amount of time for individuals unfamiliar with the note/minute taking process and requesting a rather large commitment from individuals that already volunteer their time to serve on the Committee. Ms. Lien stated that she desired to continue to attend the Parks and Recreation Committee meetings due to the fact that she is involved in it. Ms. Lien stated that she has spent a large amount of time and her own heart in these issues and for her to pass that on. and just walk away from it and pretend that what she has put into it is no longer important, she does not like that. Ms. Lien stated that she desired to continue to attend and get paid for it because its her job and she was requested to attend these meetings previously because it was difficult for the Committee to complete their own minutes, etc. Council Member Capra requested that an item be added to Council's agenda allowing for Committee/Commission concerns regarding Council decision. Council Member Nelson stated that members present at this meeting could forward Ms. Lien's concerns regarding the importance of her being their to provide the note taking/minute function. Ms. Lien stated that it was not just the note taking/minute function that was important, but rather the time, researching, ordering equipment, follow-up, etc. Ms. Lien questioned the hiring of an additional staff member, stating that the City has been under staffed for six (6) months. Council Member Capra stated that issue was tabled some time ago. Council Member Capra stated that personally she would rather have an additional clerk type position. that would be responsible for other duties rather than just a Receptionist, someone that can take minutes, etc. Ms. Lien stated that she is not a Clerk, she's titled Receptionist and if Council is going to bring someone in to do what she is already doing, she wanted that position and you bring someone in at her level. Ms. Lien stated that same would be a slap in the face to her. Council Member Capra stated that she was unaware of Ms. Lien's title, etc. Council Member Nelson stated that she felt Council Member Capra meant a clerical position. Council Member Capra concurred and stated that Council had not heard any thing from Mr. March other than it would be an issue to discuss for the fall budget. Council Member Capra stated that she did agree that the City was currently short staffed. Ms. Lien stated that the position was currently in the budget and funds have not been expended for same. Council Member Nelson stated that she desired that permanent staff concerns be addressed by the new City Administrator. Council Member Nelson also stated that this individual would have a large amount of input as to how they want to structure operations and if permanent decisions are made by Council during this interim period it potentially could have some ramifications. Council Member Nelson expressed desire to obtain temporary help in this situation. Council Member Nelson stated that most contracts could be secured for the same individual for an extended period of time (3-4 months), allowing training advantages, etc. PRO", " nf 1 f\ July 18, 200 1 Special Council Meeting Minutes Ms. Lien expressed concern regarding the length of time for a new City Administrator to detennine the staffing needs of the City. Council Member Capra stated that she felt if an experienced City Administrator was obtained; a shortage of staff would be recognized immediately. Council Member Nelson stated that she hopes the potential exists that several interested candidates would have a large amount of experience, maybe from a larger community and would have a lot of experience to bring to the community and interested in administering a smaller community. Council Member Nelson stated that the experience of a potential candidate, at this point, is unknown; however, she is optimistic. Council Member Nelson stated that Council Member Broussard Vickers had anticipated the interim duration would be approximately three (3) months. Council Member Nelson stated that she did not get the impression that Council desired to interview a large amount of candidates. Ms. Buckbee stated that occasionally, the process changes midstream. Acting Mayor Travis questioned when obtaining temporary help was approved and commence. Acting Mayor Travis believed Council did not approve same. Ms. Bender was requested to research this item, if it was determined not to have been approved, the item would be placed on the agenda for discussion at Council's next meeting. Ms. Lien stated that a temporary individuals would be a great solution; however, if Council declined this option, Ms. Lien would request that Staff be allowed to utilize the telephone system and voice mail capabilities of same on a routine basis. Ms. Lien stated that she did not particularly like this option; however, it would assist Staff. Ms. Lien stated that filing was a low priority with her. Council Member Nelson stated that a temporary individual could assist in numerous areas; filing, typing projects, etc. Acting Mayor Travis stated that this item was discussed previously and Council determined that the item would be discussed at the next Council Ineeting. Council Member Capra concurred. Council Member Nelson questioned whether there were additional comments or concerns. Mr. Palzer stated that previously, Council appointed Mr. Tom Wilharber as a Council representative that was authorized to make decisions in emergency situations. Mr. Palzer felt that this would assist Staff. Ms. Buckbee stated that Council would then have the necessity to call for Emergency Ineetings. Council Member Nelson stated that Council would call an Emergency meeting or the individual staff member would contact all members of Council regarding the issue. Council Member Nelson stated that Council desired not to act individually. Council Member Nelson explained that Council Member Broussard Vickers motioned that Council act as a whole and all Inembers agreed not to act on an individual basis. Council Member Capra stated that Mr. Hoeft stated that an EInergency meeting did not require that Council be specifically at City Hall and same could be conducted by phone, etc. Council Member Nelson again stated that Council desired to address issues as a whole and not as an individual Council Member. Both Mr. Palzer and Ms. Buckbee felt that the appointment of Mr. Wilharber previously worked well. Council Member Nelson stated that it is a very efficient way of handling issues; however, Council would need to appoint an individual as Pl'lOP /'i of 1/'i July 18, 200! Special Council Meeting Minutes a full Council to handle this responsibility, but she agrees with Council Member Broussard Vickers' previous motion. Mr. Dave Kilian, 1695 Sorel Street, questioned whether the Council could appoint a member to call an Emergency meeting. Council Member Nelson stated that Council Members can not call other members without jeopardizing the Open Meeting Law regulations and Council determined to function under the e-mailing of information to all Council Members by Ms. Bender. Council Member Capra stated that Council is aware of the requirements for constituting an Emergency Meeting. Council Member Capra stated that same would be discussed at the next Council meeting. Council Member Nelson stated that most issues could be handled with information being obtained through the City Engineer, Attorney and consensus of Mr. Pa1zer and Ms. Bender. Mr. Pa1zer questioned the limitations of authority of both himself and Ms. Bender. Council Member Nelson stated that both individuals are the Acting City Administrator for the interim. Mr. Pa1zer questioned the limits prior to contacting Council excluding natural emergencies. Council Member Nelson stated that if Mr. Pa1zer was comfortable with handling that then so be it. Council Member Capra stated that if Mr. Pa1zer is comfortable with it and it is justifiable, handle it. Ms. Lien stated that if staff is uncomfortable with an issue, contact Council. Ms. Lien stated that if she does not know the answer on day-to-day business, she was not going to just say whatever. Council Member Nelson stated that Ms. Lien should go to Ms. Bender and ask her, if she desires to speak with Mr. Pa1zer they would come to a consensus and it should not be a problem Ms. Buckbee stated that when a sewer line breaks at 2:00 a.m, Mr. Pa1zer would be handling that situation. Mr. Pa1zer stated that this is his regular responsibility. Council Member Nelson stated that if Mr. March were here and called Council on something, and deem it to be an emergency and needed to get together, her consensus from what was discussed at the previous meeting was that Council was real open and available to assist during this interim as much as possible. Council Member Capra also stated that Mr. Hoeft was available. Mr. Pa1zer stated that his view would be that the only time he or Ms. Bender should contact Council would be on a staff issue, natural emergency or any emergency expenditures that may arise. Council Member Nelson stated that something over budget or an unforeseen expenditure, dependent upon situation, an emergency meeting would be arranged to discuss same. Council Member Nelson stated that the City does have an approved budget and goals that have been approved. Council Member Nelson stated that Council would be reviewing same at their next meeting and prioritizing them in an attempt to assist staff in direction. Ms. Lien stated that she was presented a letter and requested to read and sign same or one or the other. Ms. Lien stated that may be she was making too much of it. Ms. Lien stated that she did not understand the reasoning of having to sign a contract or whatever it was. Ms. Lien stated she was willing to work extra hours, but she did not desire to put it in writing that she would work for the City five (5) days a week and if she did not, for whatever reason, have recourse because of it. Ms. Lien stated that she did not desire to decline the offer proposed by Council because she does want to help and she did not desire to do so until after school commences. Ms. Lien stated that subsequent to the commencement of the school year, she would work five (5) days a week for however long she needed to or if Pl'loP. 7 of 1 " July 18, 2001 Special Council Meeting Minutes something comes up that she can not, she desires the flexibility. Ms. Lien stated that she wanted Council to know that she was willing to help but she did not want it to be in granite that she was either working or not. Council Member Capra stated that she thought is was only meant because of employment issues. Council Member Nelson questioned whether Ms. Lien's benefits would change if she were a full time employee. Ms. Bender concurred. Council Member Capra stated that the benefits were the issue. Ms. Lien questioned whether this letter was requesting that she go full time on a permanent basis. Mr. Kilian excused himself from the meeting being that personnel issues were being discussed. Council Member Capra questioned the need to discuss the issue in closed session. Council Member Nelson stated that she did not believe it did not warrant same. Ms. Lien stated that she did not care. Council Member Capra stated that Council is only clarifYing a document. Ms. Bender stated that this is not disciplinary action by any means. Council Member Nelson stated that she felt it was not a closed meeting issue and felt that discussion of same was fine. Council Member Nelson stated that when Council discussed Staff not completing Committee/Commission minutes, those amount of hours available. Council wanted to ascertain if Ms. Lien would be interested, Council is not directing Ms. Lien in regards to desiring her to work full time or not. Ms. Lien stated that she did not get that from the letter. Council Member Nelson stated that Council was asking whether or not, she would like to become full time temporarily. If Ms. Lien desires to become full time, the City must offer her the same full time benefits that are offered to other full time employees because that is the law. Council Member Nelson stated that if Ms. Lien is stating that she does not want to become full time, she desired to be part time, and she was willing to work some additional hours here and there; but she would like to retain her current employment status, Council Member Nelson did not have a problem with same. Acting Mayor Travis stated that it was up to Ms. Lien in regards to her decision. Ms. Lien stated that it would be better for the City because the City would not need to pay for the benefits. Ms. Lien stated that if she signed the letter that she would become full time for approximately four (4) months, at the end of that period, whoever considers the offer to determine if they desire to retain her full time status; determines that she becomes part time again, the full time benefits would be removed. Council concurred. Ms. Lien stated that full time benefits were for the duration of the temporary, full time status. Council concurred. Acting Mayor Travis stated that Council desired to extend the offer to Ms. Lien to become temporarily full time with corresponding full time benefits prior to determining the option of securing an individual from a temporary agency. Ms. Lien stated that by adding one (1) day to her schedule, she felt it would not make a large amount of difference. Both Council Members Nelson and Capra stated that they felt that hiring a temporary individual would be advantageous. Council Member Capra stated that Council desired to extend the offer to Ms. Lien. Ms. Lien stated that she appreciated same. Council Member Nelson stated that if Ms. Lien desires not to accept the offer, same was fine. Ms. Lien stated that she did not desire to commit to five (5) days a week permanently, temporarily or whatever it was. Ms. Lien stated that P>t<Jf" R of 1 f\ July 18, 200 I Special Council Meeting Minutes she would work a fifth (5th) day when her schedule allows. Council Member Nelson stated then Ms. Lien would retain her part time status but if she worked a fifth (5th) day, she would be working additional time. Council Member Nelson questioned whether the City's personnel policy states that overtime goes into effect subsequent to working eight (8) hours in one day. Ms. Bender concurred. Council Member Nelson stated that Council desired to record that Ms. Lien was offered a temporary, full time position and Ms. Lien desired to retain her current status of part time and when she is available, she would work an additional day but she does not desire full time status. Ms. Lien stated that same sounded correct. Council Member Nelson stated that the City needed to be careful on full time benefits, if Ms. Lien is working full time and the City does not offer corresponding benefits, problems could arise. Ms. Lien questioned whether in a month and a half when school commences she decides for any personal reasons she may have that she desires to go full time, would the option be available at that time. Council Member Nelson stated that if the work is justified and Ms. Bender determines additional time is needed and Ms. Lien is willing to accept full time status on a temporary basis, same would be fine. Council would consider same at a future meeting. Council Member Nelson questioned whether Ms. Lien would have a problem with signing what she requested to be recorded and what was just discussed if it is what she said. Council Member Capra stated that Staffwould draft same for Ms. Lien to review. Ms. Lien stated that she did not have a problem with that. Council Member Capm stated that if Ms. Lien desired to accept Council's offer to become temporarily full time with corresponding benefits, the City would have to provide same; if Ms. Lien desired to work an occasionally Friday here and there then same does not classify as full time. Ms. Lien stated that she could probably tell Council she could fulfill Council's request when school commences, she would do it until Council determined they did not need it anymore but there might be an occasional schedule conflict. Discussion ensued regarding schools commencement. Council Member Capm stated that school commences immediately following Labor Day. Ms. Lien stated that school commenced on September 3, 2001, five (5) weeks from now. Ms. Lien stated that in the interim, she is unwilling to work. Council Member Nelson stated that she felt additional help was needed due to the fact that the City will be without a full time City Administmtor. Council Member Capra questioned Ms. Lien whether she desired the current letter to be re-worded to state that the temporary full time status would commence September 3, 2001. Acting Mayor Travis stated that the issue could be addressed at that time if Ms. Lien desired. Council and Ms. Lien concurred. Council Member Capm questioned the need for a motion. Council Member Nelson stated no, due to the fact that Council may consider same at a subsequent meeting. Council concurred. Ms. Bender requested clarification on Ms. Lien's retention of part time status regarding overtime pay and working additional overtime hours on regularly scheduled days and any additional hours on unscheduled days; being eight (8) hours or less, whatever deemed appropriate; Ms. Lien would be paid overtime on any hours worked exceeding eight (8) hours per day on regularly scheduled days, if deemed appropriate to work additional time, exceeding regularly scheduled days, same would be considered at regular pay. Council concurred. P:tup Q nflfi July 18, 200 1 Special Council Meeting Minutes Ms. Bender requested clarification on whether individuals would be paid overtime for continuing to attend Committee/Commission meetings subsequent to Council's previous concensus to request that Committees/Commissions do not have staff attend, compile their own minutes, agendas, research, etc. and have staff apply those overtime hours to day-to-day operations and administrative duties during the daily operation of City Hall. Council Member Capra questioned whether Staff received compensation for attendance at Committee/Commission meeting and the receipt of overtime pay versus compensatory time. Council Member Capra stated that she was under the impression that Staff was paid overtime. Staff concurred. Discussion ensued regarding State Statute and employee policy. Ms. Lien questioned whether Council was open to overtime. Council concurred. Ms. Lien stated that she regularly exceeds eight (8) hours per day and never has had it come back to her, but she is wondering if it is a problem. Council concurred that during the interim there would need to be overtime. Council Member Capra stated that Council is aware that the City has been short staffed for some time and there would probably be more overtime due to the current situation. Mr. Palzer questioned whether Council approved all overtime hours. Council Member Nelson questioned whether Mr. March approved overtime, from time to time, for Staff. Ms. Bender stated that not on a regular basis. Ms. Lien stated that she has always had overtime, since she has started with the City, she has always had overtime and never had it questioned. Council Member Nelson questioned how it is determined. Ms. Lien stated she decided when she worked. Council Member Nelson stated how do you decide, just like take it. Ms. Lien stated that she records what she works and that she is always working on something. She usually leaves work between 4 - 5 :00 p.m. and occasionally 6:00 p.m. because she is working on something, desires to complete what she is working on or she would not be in on the following day(s). Council Member Capra questioned the recording of same. Ms. Lien stated that she does not justify it when reporting same. Ms. Lien stated that she could be answering the telephone and be on same for a half hour or mail or whatever it is. Council Member Nelson stated that she would review the personnel policy, but not in the near future. Council Member Nelson explained that it was Council's desire to review, update and draft a new personnel policy. Council Member Nelson stated that during this interim, Council realizes that there is going to need to be overtime, obviously if there does not need to be overtime Council would be looking for direction from Ms. Bender and Mr. Palzer. Ms. Bender stated that Mr. March did request staff, from time to time, to keep overtime hours to a minimum and he would be mindful of same. Mr. March also suggested, nearer to his resignation; that overtime should be included as an item to justify an additional employee. Ms. Lien stated that she had never been spoken to about overtime. Ms. Bender stated that Mr. March was aware of staff's workload, packet Friday's, etc. Ms. Bender stated that Council discussed at the previous meeting that the time that was spent completing minutes and those types of things typically a staff member was paid overtime for attending Committee/Commission meetings would be carried over to administrative duties Monday through Friday, day-to-day type of operations. Ms. Lien requested clarification and stated that she completes her minutes during the day. Ms. Bender stated attending meetings. Council Member Nelson stated that so that overtime time would be transferred to the day-to-day items. Council Member PJlOP 10 nf1(; July 18, 200 1 Special Council Meeting Minutes Nelson stated that Council Member Broussard Vickers had made the suggestion and Council concurred. Acting Mayor Travis stated that the motion was fonnally approved. Ms. Lien requested clarification of same. Acting Mayor Travis stated that was the entire discussion of going to the meetings; instead of taking minutes for EDC, Parks and Recreation or Fete des Lacs, it was construed as the hours spent doing those and transcribing the minutes and etc. would no longer be used for those meetings and same would be used for day-to-day opemtions. Ms. Lien stated so otherwise, staying later in the day versus going to a night meeting. Ms. Lien also stated that if an individual is currently staying later in the day; its already pushing 5:00 p.rn. when she leaves and she did not desire to stay an additional hour later to cover overtime hours that she would have been working at a Parks and Recreation meeting. Council concurred it is not required. Ms. Lien stated that she was not thinking it was. Council Member Nelson stated that if Ms. Lien were going to work the Parks and Recreation meeting on a Tuesday evening commencing at 6:30 p.rn. to whatever, 8:30, 9:30 p.m., instead of taking that time taking minutes at the Parks and Recreation meeting she would take that time and be in the office completing day-to-day office work. Acting Mayor Travis stated that tmnscribing of the minutes, etc. that is going on during the day, staff no longer has that distmction. Council Member Nelson clarified that same was the discussion. Council Member Nelson requested comment from Ms. Lien in this regard. Ms. Lien stated that she did not like it. Ms. Lien stated she did not like putting the minutes on a Committee/Commission member and making them do twenty (20) hours of minutes. Acting Mayor Tmvis stated that this is only temporary. Ms. Lien stated that she understood same and that she had been on the Parks and Recreation Committee for three (3) years and now she feels like she cannot go any more. Ms. Lien stated that she has been very involved in it and now Council is requesting that she not attend any more and that they would rather have her spend the time that she would attend meetings, filing or doing day to day items that she already is doing all day, every day anyway. Ms. Lien stated that she would follow Council's direction. Ms. Lien did not believe it was in the best interest of the Committees/Commissions. Council Member Nelson stated that Council does want to hear Ms. Lien's concerns. Ms. Lien stated that Committees/Commissions look to staff for a billion different little things and that she enlightens them on everything on the agenda; they do not know what is on the agenda, they do not compile the agenda. they do not know what has came into City Hall; so what that means is that Chairperson or whoever, whatever, five (5) committee members could potentially be calling her requesting clarification on an item because now they are compiling the agenda and they need to follow up on same. Now all these individuals would be calling her which would use more of her time. Ms. Lien felt that potentially explaining items to five (5) individuals would be more time consuming than drafting an annotation on same. Acting Mayor Travis stated that Council's motion was to temporarily abandon them, it is not a discussion of whether it was needed or not, Council has determined same and Council has already agreed that it is needed to have a staff member or Council member; some Committees/Commissions desired participation of same and others declined. Acting Mayor Tmvis explained that currently, at this point in time, just right now, Staff temporarily focus on day-to- day opemtions in to best interest of more people in the City instead of the Committees/Commissions and same needed to pick up the slack too, if they can P~oP 11 of 1 f\ July 18, 200 1 Special Council Meeting Minutes not, Council would consider alternative options. Acting Mayor Travis explained that it is not intended on being cruel to anybody or to slap anybody in the face, its just Council needs to pick up the slack administratively prior to providing these services. Ms. Lien stated that she understood that and did not interpret that Council was meaning to be cruel to her; it was just that she did not want it. Ms. Lien stated that she desired to remain a part of the Parks and Recreation Committee. Ms. Lien stated that she did not feel Council was being cruel at all and did not interpret that it was directed at her personally. Ms. Sweeney stated that in her case, doing the bookkeeping and utility billing, it is difficult to accomplish the transcribing of the minutes, compiling the agenda and packets. Ms. Sweeney stated that she has tried to spread the duties over a period of time, she has tried to complete the minutes immediately following the meeting, but things do not always working out that way. Ms. Sweeney explained that the last agenda, packet compilation Ms. Bender assisted in typing the agenda and packet preparation due to the time constraint with entering payments for utility billing prior to late fee assessment. Ms. Sweeney stated that this particular time was really stressful. Council Member Capra questioned whether Council could investigate Time Savers transcribing, from tape, the minutes not the provision of having an individual at the meeting, just transcribe from the audio tape. Discussion ensued in regards to Time Savers' current participation in the Planning and Zoning Commission meetings and its determined need. Council Member Nelson feh that it would be very difficult for Time Savers to know who is speaking when they are unfamiliar with the individuals and their voices. Ms. Sweeney stated that if the meetings were taped, the tape could be transcribed at a later date. Ms. Lien stated that personally she does not use the transcnber, at all costs she writes down her notes because it is more time consuming to utilize the transcriber. Ms. Lien utilizes the transcriber only as a clarification tool if she cannot read her handwriting or desires additional clarification on a motion, etc. Ms. Lien stated that for her personally, utilizing the transcnber consumes more time. Council Member Nelson questioned whether staff had a Dictaphone with a pedal feature. Ms. Lien stated that the City does; however, she does not utilize same. Ms Lien stated that she preferred to follow her own notes and type the minutes from same. Ms. Sweeney stated that she does utilize the Dictaphone and handwritten notes during typing of the minutes. Ms. Sweeney stated that she does not utilize the foot pedal. Ms. Sweeney stated that same usually ends up with too much information. Ms. Lien stated that when using the Dictaphone it is easy to get into the he said, she said. Ms. Sweeney stated she enters all the information into the computer then the minutes need to be proofed and condensed to provide accurate information without having lengthy minutes. Council Member Nelson requested that Council ascertain Ms. Sweeney's opinion on the Committee minutes. Ms. Sweeney requested clarification. Committee Member Nelson stated that on attending the meetings, completing the minutes, etc. Ms. Sweeney stated that on occasion it conflicts with her personal schedule and explained that it becomes difficult during her day-to-day responsibilities to transcribe minutes, etc. Ms. Sweeney also stated that when additional requests are made, she cannot always fulfill same due to her day-to-day responsibilities. Ms. Sweeney stated that when a slower task day is experienced, it is not a P~oP 11. of 1 t> July 18, 2001 Special Council Meeting Minutes problem; however, same had not been experienced lately. Ms. Lien stated that she felt that even the Committees/Commissions themselves, felt it easy for them to request that Staff research an item. Acting Mayor Travis stated that Council concurred regarding this item. Council Member Nelson concurred. Ms. Lien stated that when you are researching many items, it consumes a large amount of time. Ideally the Committees/Commissions are there to complete same and they should be doing a large amount of these items. Ms. Lien stated that if Committees/Commissions could take on the same items that they desire Staff to complete it would be a large assistance. Ms. Lien gave a recent example ofEDC requesting that Ms. Sweeney deliver a bouquet of flowers to a new business. Ms. Sweeney stated that her time during the day does not allow for a request similar to this; however, she could place the order. Council Member Nelson stated that same was Council concensUS and Council was requesting that the Committees/Commission assist during the interim by not requesting Staff to complete same, by other trimming back by what the Committee/Commission is currently working on, temporarily, in some places they can and in some places they can not or complete same on their own. Council Member Capra stated that similar to the Wheels Park project and Council understands that same is a large project. Ms. Lien stated that same was her large issue currently, she did not intend on walking away from it. Council Member Capra stated that Council is aware that this project is going forward, they understand that same is in the process and the need for following through. Council Member Capra stated that she wanted to clarify that the Council did discuss those ongoing issues with the Parks and Recreation Committee that needed to be followed through because the process had commenced, i.e. currently in the process of ordering equipment. Council Member Capra stated that Council does understand this, but for EDC or other Committees, the Council would request that Parks and Recreation refrain from larger projects on their agenda, temporarily, so they do not consume her time in the interim. Ms. Lien stated that she did not feel there was anything Parks and Recreation could do at this point with regards to the Wheels Park. Council Member Capra stated that Council did discuss the Wheels Park; Council Member Broussard Vickers brought this issue to Council's attention. Council Member Nelson stated that the equipment would be ordered. Ms. Lien stated that it is more than just ordering of the equipment, there is a Grand Opening, establishing an Advisory Board and more is entailed than just ordering equipment Council Member Capra stated that Council does understand same and also understands that the project is in process. It was not Council's intent to abandon the project. Council Member Nelson stated that Council discussed same as being a priority and also the summer programs that are currently being offered, and Council's desire to follow through with commitments previously made. Council Member Nelson stated that Council is requesting the Committees/Commissions, during this interim, put forth more effi>rt. Council would be trying not to request as much from Staff and completed as much on their own as possible. Council is going to try not to take on new projects that would be time consuming for Staff. Council is aware of the priorities of the budget and remains on same and those types of projects. Council is trying not to tax the Staff during this difficult time and that is what Council is hoping that Committees/Commissions would pull together and PR17f> n of 1 fi July 18, 200 1 Special Council Meeting Minutes realize it is temporary, like Acting Mayor Travis stated and it is not a permanent thing and it is because we are in this crisis. Council Member Nelson stated that she is really happy for Mr. March and sad for the City, staff and Committees/Commissions. Ms. Bender stated that she feh that Ms. Lien was primarily trying to bring forward that she has participated in the Parks and Recreation Committee for many years, and she thinks that Ms. Lien has participated, its not for me to say. Ms. Lien stated more than she should, she knew. Ms. Bender stated that she does not just take the minutes and she does not just transcn'be the minutes, she becomes a part of the Committee; however, does not have a vote and is just as active as anyone else. Ms. Lien stated that same was correct and the Committee looks at her for advice, not like she runs the meetings, but she feels that she is very active and desires to remain active. She does not desire to have that taken away from her now. Council Member Nelson stated that was not Council's desire. Ms. Lien understood that and stated that somewhere down the road, this could mean opportunity for her either with the City or other places or whatever and for her just not to be involved in it any more does not seem right to her. Council Member Nelson stated that just for this time, Council is planning on going back to having Staff doing minutes and being involved when the City becomes stable with a City Administrator and the workload is stabilized. Council Member Nelson stated that Council would be looking at Ms. Bender for information regarding the hiring of a temporary individual, staff workload, day- to-day operations and how same would relate to minutes, if staff desired to return/retain this practice. Council Member Nelson stated that she felt Council would be open to this information, suggestion and Council could re-evaluate; however, at the present time Council decided to do this because City Hall must remain open first and Committees/Commissions would be assisted as much as possible. Council Member Capra requested that Ms. Lien draft her concerns and forward same to the Chair of the Parks and Recreation Committee to ascertain their opinion and same be forwarded to Council for their next meeting, Committees/Commissions have concerns. Council Member Capra stated that Ms. Aimee Fairbrother, Chairperson for EDC, was currently out of town so Council would not have a report from same. Council Member Capra stated that if the Festival. the Parks and Recreation and Economic Development Committees have concerns in regards to Council's decision, they need to direct same to Council in a correspondence. Council Member Nelson concurred and stated that Council does not desire to lose volunteers or offend anyone. Council Member Capra stated that it would be her suggestion and request based on Council's decision at its previous meeting; if they have concerns regarding same, they need to address them and their basic needs. Council Member Capra clarified by stating that Council did not desire to have everything, but the basic needs they believe that their Committees/Commission need to get by during this interim period. Ms. Lien requested clarification and stated does this mean that as Staff we just do not go to these meetings then and let them sink or swim. Ms. Lien questioned how Committee/Commission members would be notified. Council Member Capra stated that Ms. Bender had taken care of this and questioned whether same had been completed. Ms. Bender stated that she would research her e-mail, if she Plla~ 14 of 1 " July 18, 200 I Special Council Meeting Minutes had not completed same she would. Ms. Bender stated that two (2) committees received their notice last evening. Ms. Lien questioned the timeframe for notification due to Parks and Recreation Committee's next meeting. Council Member Nelson stated that Ms. Bender would notifY same in advance and if they have concerns they would be contacting Council Members. Ms. Lien questioned how she assists in planning a Wheels Park and the Grand Opening if she is not present at the Parks and Recreation meetings. Ms. Lien stated that she needed to be there, she was coordinating the entire Grand Opening and if she is not there to fill them in, or if she is going to waste her time filling somebody in on the telephone on five (5) different items, she would just go to the meeting on her own time. Council Member Capra questioned when the next Parks and Recreation Committee meeting would be held. Ms. Lien stated August 1,2001. Council Member Capra questioned placement of Ms. Lien's concerns on the July 25, 2001 Council agenda Ms. Lien stated that most of her concerns pertain to the Wheels Park; the Committee has a Grand Opening on August 18, 2001 and there needs to be planning of same. Council Member Capra stated that Council did state that the Wheels Park is a work in progress maybe by understanding same, that would allow her to attend the meetings until the Wheels Park is in and the over time, would be authorized. Council Member Capra requested that this item be discussed at the Council meeting so the entire Council understands same. Council Member Capra questioned whether it should be addressed under a Committee Reports. Consensus was that the item would be discussed under Committee/Commission Reports. Council was concerned that in the absence of Council Member Broussard Vickers and Mayor Swedberg they be informed of same. Acting Mayor Travis and Council Member Capra agreed that the consensus made an exception for the ordering of equipment and may need clarification. Council Member Capra stated that the Council was well aware of the Wheels Park project and the desire to see same through. Acting Mayor Travis stated that there were not any other monumental issues taking place. Council Member Capra stated that the Parks and Recreation Committee needed to submit their 2002 budget. Council Member Nelson questioned whether there were any other comments at this time. X. CONSENT AGENDA No action needed. XI. COMMITTEE REPORTS None given. XII. ADMINISTRATOR'S REPORT None given. PRUf'! l'i of 1 h July 18, 2001 Special Council Meeting Minutes XII. ADJOURNMENT Motion by Council Member Nelson. seconded bv Council Member Capra to close the meetine: at 5:19 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Teresa Bender, Clerkffreasurer Pl'lUP 1" of 1" ... t' "'. July 25, 200 I Council Meeting Minutes CITY OF CENTERVILLE CITY COUNCIL MEETING July 25, 2001 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their re ly scheduled meeting on July 25, 2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Mari Nelson Council Member Linda Broussard-Vickers II. ABSENT: None STAFF: City Attorney, Mr. Jim Hoeft City Engineer, Mr. Tom Peterson Public Works Director/Bui III ffi i I. CALL TO ORDER Mayor Swedberg call p.m. r Nelson seconded b Council Member Broussard a enda with the noted addition. Motion carried. III. IV. Mayor wedberg expressed the value and importance of the Life Time Achievement Award for this City. He noted this years awards would be given to Mr. Tom Wilharber and in the memory of Mrs. Sharon Smith. Council Member Capra reviewed a Life Time summary of Mr. Wilharber and his commitment to the City of Centerville. State Senator Maddy Rider presented the Life Time Achievement Award to Mr. Wilharber. Mr. Wilharber thanked the Page 1 of 14 , . July 25, 2001 Council Meeting Minutes many people behind this award along with his family for supporting him through all his numerous activities, Council Member Capra then read through a Life Time summary in the memory of Mrs. Sharon Smith. Mayor Swedberg presented her family with the Achievement Award. Mr. Jim Smith, Sharon's husband, shared a few words with the community and thanked them for the honor and tribute they have given her. Mayor Swedberg invited everyone to the Fete des Lacs Festival on August 4, 2001 where a reception will be held in honor of the Life Time Achievement Award recipients. Mayor Swedberg called for a recess at 7:00 p.m. The meeting reconvened at 7:06 p.m. Mr. Terry Hannah - Ground Development Mayor Swedberg asked that Mr. Hannah come before the Council to present the Council with an update. Mr. Terry Hannah, Ground Development, indicated he was before the Council to update them on the sewer and water plan, along with the MUSA issues regarding his development. He noted a meeting was held between City Staff, Mr. Hannah and the City Engineer. Mr. Hannah asked that Mr. Peterson review the issues discussed at that meeting. Mr. Peterson reviewed the sanitary sewer location along Centerville Road for the Pheasant Marsh addition. He noted sanitary sewer and water has now been proposed to run down Center Street to the development and brought back to Centerville Road through the development. Mr. Peterson indicated he felt this was a valid solution and would work well for looping into future developments. He stated a lift station may be needed in the future with this plan as the Vickers and Wilharber properties develop. Mr. Peterson explained 100% of the assessments would be borne by the developer. He recommended Council approve the layout for this development as presented. Mr. Joel Cooper, James R. Hill & Associates, stated he agreed with the proposed layout of the water and sewer noting this would work just as well as the other proposed layout without bringing about assessment issues. Mr. Steve Fitterman, Ground Development, indicated he is interested in doing what is best for the community. He stated the proposed layout was a welcomed suggestion from staff, and he thanked Mr. Palzer and Mr. Peterson for their work on this item. Mr. Fitterman noted this route would also not force properties into entering MUSA before indicated in the Comprehensive Plan. Council Member Nelson asked for the cost of the new water and sewer layout. Mr. Fitterman stated the overall costs were down, but indicated the cost to the Page 2 of 14 , , July 25, 2001 Council Meeting Minutes developer would be higher, as the developer would be responsible for the cost of all improvements. Mayor Swedberg asked if a new feasibility study was needed. Mr. Hoeft stated the present feasibility study would need to be revised, but stated the development could continue with a conditional approval along with ordering the plans and specs. He stated this would then allow for the developer's agreement to commence with the developer paying 100% of the assessments as well as waiving his right to irregularities in the approval process. Mayor Swedberg asked if the MUSA issues would also need to be addressed. Mr. Hoeft indicated the proposed MUSA phasing issues would still need to be amended for the developer to go forward. Council Member Travis questioned if a forcemain or if a lift station would be necessary for adjacent properties to this development, due to the shallow depth at Centerville Road. Mr. Peterson indicated this is difficult to determine because he does not have elevations of the neighboring properties. He added that Mr. Wilharber could gain sewer access from Hunter's Crossing at the northeast side of his property. Council Member Travis asked if this item could be acted on without renotification to the public. Mr. Hoeft indicated because this item was tabled it can be taken off the table and acted on. He stated this would allow the developer to begin grading if the improvements were approved and then the Council could wait on the feasibility report. Council Member Nelson reviewed a letter from Mr. Wilharber with the developer. Mr. Fitterman indicated he has not received that letter, but stated after conversations this morning, the newly proposed improvements would not impose assessments on the Wilharber Estates for water or sewer. He explained Mr. Peterson reviewed this information with Mr. Wilharber. Council Member Broussard Vickers asked why this item had to be acted on tonight or if it could be completed at the next meeting. Mr. Peterson noted this item has already been delayed for four weeks and stated action tonight would allow them to begin grading with approval of the plans and specs at the first meeting in August with bidding to begin in September. He indicated construction would then not be allowed to start until some time in October. Council Member Capra stated she was in favor of acting on this item without further delay. Mayor Swedberg concurred. Mr. Hoeft stated the feasibility of this item has not changed, but the assessment values have. He indicated the improvements in the development take a new route but that the layout of the development remains the same. Mr. Hoeft indicated it would be appropriate to move to open the Pheasant Marsh hearing so action could be taken for Ground Development. Page 3 of14 July 25, 2001 Council Meeting Minutes Motion bv Council Member Capra. seconded by Council Member Nelson to open the Pheasant Marsh improvements hearinl!:. All in favor. Motion carried unanimously. Motion bv Council Member Nelson. seconded bv Council Member Capra to amend the feasibility report for Pheasant Marsh. All in favor. Aves - 4 (Mavor Swedber~. Council Members Capra. Nelson and Travis) Nay - 1 (Council Member Broussard Vickers). Motion carried. Motion bv Council Member Nelson. seconded by Mayor Swedberl!: to approve the improvements as sUl!:l!:ested bv staff for Pheasant Marsh conditioned upon the accepted amended feasibility report. All in favor. Aves - 4 (Mayor Swedberl!:. Council Members Capra. Nelson and Travis) Nay - 1 (Council Member Broussard Vickers). Motion carried. Motion bv Council Member Nelson. seconded by Mayor Swedberl!:. to order the plans and specifications of Pheasant Marsh. All in favor. Ayes - 4 (Mavor Swedberl!:. Council Members Capra. Nelson and Travis) Nav - 1 (Council Member Broussard Vickers). Motion carried. Sathe Executive Search Firm Mayor Swedberg indicated the Council is interviewing executive search firms to locate and hire a City Administrator for the City of Centerville. Mr. Mark Sathe introduced himself to the Council and presented a brief proposal from his company. He indicated he started this business in 1974 and is based in St. Louis Park. He stated most of his work is within the private sector, but indicated he does do work in the public sector. Mr. Sathe stated he does not wish to be the largest search firm on the metro area, but rather, to provide quality candidates through a thorough search process. Mr. Tom Wesley reviewed the search process with the Council and noted his firm would not be working on a similar search while the City of Centerville is seeking a City Administrator. He then asked for questioned from the Council. Council Member Nelson questioned if the fee of $16,500 plus expenses was the total cost. She asked what the expenses would be and what the average total was on that. Mr. Sathe noted this would be the posting fee, which is required by the state, along with mass mailing to reach potential candidates. He stated the expenses would be in the $1,000-2,000 range. Mr. Sathe indicated larger expenses would be incurred if candidates were flown in for interviews or with relocation fees. He stated no large fees would be incurred unless okayed by the Council. Council Member Nelson asked if the time period of two to three months was valid. Mr. Sathe reviewed a sample time frame based on past experiences. He stated there would be a time of advertising, interviewing and time frame for acceptance and giving notice. Page 4 of 14 July 25, 2001 Council Meeting Minutes Council Member Capra questioned the average time to fill a position. Mr. Sathe stated three months was a good average. Council Member Capra asked how many candidates would be brought before the Council. She noted 10 were interviewed in the past for the City Administrator position. Mr. Sathe stated 10 would be a large number in his opinion due to the time required to interview and grade each candidate. He suggested approximately four to five candidates to allow for proper evaluations and matrixes to be discussed. Mayor Swedberg thanked Mr. Sathe for his presentation and for the time that he spent with the Council. Brimever & Associates Council Member Nelson indicated she received a note from Mr. Jim Brimeyer. She explained that because the City had two other companies interested in pursuing the City Administrator search, they would step down from this venture. DMG - Maximus Mr. Tom Carawan (Vice President, Maximus), stated he was before the Council to explain the services his company could provide to the City of Centerville. He stated Maximus was a large public company. Mr. Carawan noted his company is going through a name change at this time, going from DMG - Maximus to simply Maximus. Mr. Carawan noted he has a great deal of background in the public sector. He indicated a profile analysis would be the first thing completed for the City to greater define the candidates' qualities. Mr. Carawan explained after the profile was completed, the item would be advertised throughout the Midwest. He stated after advertising candidates are narrowed down through qualifications and back ground checks. Mr. Carawan explained his firm would reduce the candidates to five potentials and assist in the interviewing process, final decision, and salary negotiations. He encouraged the Council to provide feedback to his firm throughout the entire process and indicated the process normally takes roughly 13 weeks. Mr. Carawan reviewed the fees and expenses with the Council and stated his firm has a great deal of experience in the public sector and could benefit the City of Centerville. He stated his company has a proven network and a large number of resources within the public sector. Mr. Carawan asked for questions from the Council with regard to his comments. Council Member Capra asked if there was a guarantee as to the satisfaction of the candidate after approval. Mr. Carawan stated noted his company would continue to work with the City until they were satisfied. Page 5 of 14 July 25, 2001 Council Meeting Minutes Council Member Nelson questioned if Maximus would be taking similar types of positions while working with the City of Centerville. Mr. Carawan noted he was not aware of any similar positions in place at this time, but noted this could be a possibility. Mayor Swedberg thanked Mr. Carawan for his comments and presentation on his company. V. CONSIDERATION OF MINUTES June 27. 2001 Council Meeting Minutes Motion by Council Member Nelson. seconded by Council Member Capra to approve the June 27. 2001 Council meetin2 minutes as amended on pa~e 2. chanl:in2 Ms. Barney to Ms. Marty: pal:e 4. para2raph 9 chan2inl: the word allowed to "forced": pa2e 9. para2raph 7 chanl:inl: the word request to "violation"; and pa~e 11. within the first motion chan2in2 the word table to "denied". All in favor. Motion carried unanimously. Julv 11. 2001 Council Meeting Minutes Motion by Council Member Broussard Vickers. seconded by Council Member Travis to approve the July 11. 2001 Council meetinl: minutes as amended on pal:e 8. para2raph 4 changing Mr. March to Mary Capra. All in favor. Council Member Nelson abstained. Motion carried. Julv 13.2001 Emergency Council Meeting Minutes Motion by Council Member Broussard Vickers. seconded bv Council Member Nelson to table the July 13. 2001 Emer2ency Council meetin~ minutes as they were not before the Council. All in favor. Motion carried unanimously. Julv 18.2001 Special Council Meeting Minutes Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to table the July 18.2001 Special Council meetinl: minutes as tbey were not before the Council. All in favor. Motion carried unanimously. VI. PETITIONS AND COMPLAINTS Mr. Larry Woiak - 6925 Centerville Road Mayor Swedberg reviewed the complaint as presented provided by Mr. Woiak. He noted Mr. Woiak's yard was damaged by construction in his area. Mayor Swedberg explained Mr. Woiak has been working with Mr. Dan Schulander, Bonestroo, Rosene, Anderlik and Assoc. to get the contractor to satisfactorily repair the yard, flowers and correct flooding problems that were created. Page 6 of 14 July 25, 2001 Council Meeting Minutes Council Member Travis asked if Mr. Woiak's property damage was on his property or City property. Mr. Palzer stated this item has been discussed and noted a punch list would be created for the damage that has taken place to be brought before the Met Council for the contractor to come back and address these items. VII. OLD BUSINESS Liauor Policy Motion by Council Member Broussard Vickers. seconded by Council Member Travis to table this item to a future worksession meetinl!: this fall. All in favor. Motion carried unanimously. Pheasant Marsh MUSA and Assessment Roll Motion by Council Member Nelson. seconded bv Council Member Capra to approve the Pheasant Marsh MUSA comprehensive plan amendment. All in favor. Motion carried unanimously. Search Process and Plan for the Vacant City Administrator Position Mayor Swedberg asked if the Council was prepared to move on this item. Council Member Travis noted he was in favor of the Sathe Executive Search Firm. Motion by Council Member Nelson. seconded by Council Member Capra to retain the services of Sathe Executive Search Firm to assist the City in hirin~ a City Administrator. All in favor. Motion carried unanimously. Appointing an Interim City Administrator Council Member Nelson asked if this was necessary at this time. Mr. Palzer stated he did not see any need at this time. The Council indicated they would be discussing this item in greater detail at the next meeting. Hiring ofa Temporary Individual (Temp. Agency) Council Member Broussard Vickers asked if a contract would need to be established to hire someone directly on a part time basis. Mr. Hoeft stated a contract would not be needed if an employee were hired on a part-time basis. The Council came to a consensus to allow staff to hire a temporary staff person on their own as they see fit. Centennial Fire District 2002 Budget Page 7 of 14 July 25, 200 I Council Meeting Minutes Mayor Swedberg thanked Mr. Milo Bennet for being present to review the 2002 budget to the Council. Mr. Bennett thanked the Council for their time and reviewed the budget. He noted he has normally had a 3-4% increase in the budget in past years. Mr. Bennett indicated the proposed budget has an 8% increase as the Fire Department would be adding an additional employee. Mr. Bennett noted the areas with large increases were with respect to fire prevention and inspections. He stated he felt this was of great importance to educate and lower the fire losses within the community. Mr. Bennett indicated the 2002 budget was $613,437 with the City of Centerville being responsible for 12.4%. Mayor Swedberg thanked Mr. Bennett for his work on the budget and commended the volunteers at the department. Council Member Broussard Vickers asked if the $100,000 for capital equipment was adequate. Mr. Bennet stated he felt this was adequate as this amount has been budgeted for a number of years for future purchases. He indicated he feels this number was adequate. Motion bv Council Member Travis. seconded by Council Member Nelson to approve the Centennial Fire District 2002 budl!et as nresented. All in favor. Motion carried unanimouslv. Center Street Drainage Issues Mayor Swedberg noted this item is being reviewed due to discussion at the last meeting and asked Mr. Peterson to address this item. Mr. Peterson reviewed a sketch of the elevation of the Center Street properties. He noted 1825 Center Street was the lowest property with a swamp in the backyard. Mr. Peterson suggested a small shale through the back property lines to lead runoff to the existing ditch. Mr. Palzer stated storm sewer and a drain tile system would assist in the drainage of this area, but noted this could not be completed until Pheasant Marsh 3'd Phase. Mr. Peterson indicated he didn't see this happening until 2005 or 2006. He stated he knows the current drainage and ditch system does have fall. Council Member Capra asked who would be assessed for the drain tile and storm sewer expense. Mr. Palzer indicated each property owner would be assessed for his or her own properties expense. Mr. Peterson asked if the residents use sump pumps. Each resident said they had a sump pump working all spring and halfway through the summer. Council Member Broussard Vickers suggested a drain tile from 1825 to 1845 Center Street or asked if the ditch could be expanded. Mr. Peterson stated by expanding the ditch it would just continue to fill with ground water. Page 8 of14 July 25, 200 I Couucil Meetiug Minutes Mayor Swedberg asked how this could be fixed. Mr. Palzer stated the water needs to get out of the neighborhood through sanitary sewer to Pheasant Marsh along Pheasant Lane or Dupre Road. Council Member Travis stated there was a Storm Sewer fund that could assist in the expenses for the residents in fixing this problem. He indicated unfortunately, the Pheasant Marsh development was five years off, as far as providing storm sewer to these residents. Council Member Nelson suggested using some of the Storm Sewer fund and then assessing the rest of the expense to the residents. Council Member Broussard Vickers suggested a study be completed as to the feasibility of placing storm sewer within this area and tying it into Pheasant Marsh. Mayor Swedberg asked when Center Street would be reconstructed. Mr. Palzer stated upon reconstruction water and storm sewer would be completed in conjunction with Pheasant Marsh in approximately four years. Mayor Swedberg encouraged the Council to authorize Mr. Peterson to create a feasibility report on this item. Council Member Broussard Vickers asked that a proposal first be provided with costs of the feasibility report at the next meeting. Prioritization of Adopted Goals Mayor Swedberg indicated he was looking for a layout of future projects that would be before the Council. Mr. Palzer indicated without the presence of the City Administrator he noted all items requiring a great deal of staff time would be put on hold until this position was filled. The Council indicated they were okay with Mr. Palzer's concerns and asked that staff present just goals that would be effected by the 2002 budget. Eagle Pass 2nd Addition Mayor Swedberg indicated the applicant for the Eagle Pass 2nd Addition has asked that his request be withdrawn from Council consideration. QUAD Cities Police Department Proposal- Status Mayor Swedberg indicated he attended a meeting for the QUAD Cities Police Department on July 12,2001. He noted a proposal was presented but indicated no future meetings are being held as discussions are off. Mayor Swedberg explained he feels this is a viable entity and that the City should continue conversations, but noted it was on hold for the time being. Page 9 of14 '. July 25, 2001 Council Meeting Minutes Mayor Swedberg noted there were problems with the coverage with the number of officers on the force at this time. He stated additional concerns would also need to be addressed by all cities involved, which was not handled at the first meeting correctly. Council Member Broussard Vickers indicated the original time line was extremely unrealistic. Mayor Swedberg agreed stating much of the original benefits were being borne by the City of Lino Lakes, but after reviewing the population numbers, he said benefits could be borne by all cities involved if revised and re-proposed to the participating cities. Council Member Broussard Vickers suggested the Council recommend the QUAD Cities Police Department continue to find ways to meet the needs of all cities involved. The Council concurred to advise the Mayor to draft a letter that the City is interested in this entity with formal thoughts being passed along to the police commission. 21 sl Avenue Appraisals - Provided bv the City Attomev Mr. Hoeft explained he received appraisals regarding 21 sl Avenue. He stated he would leave a copy with the City to be distributed to the Council members and asked that this item be tabled to the next meeting. Motion bv Council Member Nelson. seconded by Council Member Ca1?ra to table discussion on the 21st Avenue Appraisals. All in favor. Motion carried unanimously. Anoka County Traffic Study Update Nothing new to report. VIII. NEW BUSINESS Consideration of Granting a Temporary/Event 3.2 Liquor License. Bingo. and Noise Permit for the Originals (August 4. 200n to the Centerville Lion's for the Fete des Lacs Celebration Mr. DeVine indicated he was before the Council to request several permits for the festival. He noted the helicopter rides would not be taking place at the festival this year as the helicopter company has booked with another event. Council Member Nelson questioned whether the permit fees were waived in the past. Mr. DeVine stated this was the case. Motion bv Council Member Nelson. seconded by Council Member Broussard Vickers to approve the temporary/event 3.2 liquor license continl!ent upon receipt of the liability certificate. bin eo license. license to hold a dance (Au~ust 3. 4 and 5) and noise permit for the Orieinals (Aufl:ust 4. 2001) to the Page 10 of 14 . . July 25, 2001 Council Meeting Minutes Centerville Lion's for the Fete des Lacs Celebration with the fees bein!: waived by the City. All in favor. Motion carried unanimouslv. Discussion of Preparation of 2002 Budget Council Member Broussard Vickers recommended the Council establish a special session to discuss the budget in greater detail. The Council agreed to hold a special meeting on August 6, 2001 at 6:30 p.m. The Council advised staff to post this meeting. Consideration of the Wellhead Protection Plan Mayor Swedberg asked for direction from Mr. Palser on this item. Mr. Palser stated he needed approval of a letter that would be presented to the State of Minnesota on the well work that has been completed in the City for the past two years. Motion by Council Member Nelson. seconded by Council Member Capra to approve the wellhead protection plan as proposed bv Mr. Paul Palzer. All in favor. Motion carried unanimously. Resolution #01-013 - DNR Grant for Acorn Creek Motion by Council Member Nelson. seconded bv Council Member Capra to approve Resolution #01-013 to receive a reimbursement from the DNR for Acorn Creek. All in favor. Motion carried unanimously. Pay Estimate #1 - Laurie LaMotte Memorial Park - Vinco. Inc. Mr. Peterson noted this item is 87% complete with the sod and concrete completed. He recommended payment as submitted to Vinco, Inc. Motion by Council Member Broussard-Vickers. seconded bv Council Member Capra to approve the payment of $107.651.44 to Vinco. Inc. for their work at Laurie LaMotte Park. All in favor. Motion carried unanimously. Consideration of Mr. & Mrs. Stan Hasiak Request - 6994 Centerville Road Mr. Palzer noted this was now a non-issue as they have complied with this item to date. Fete des Lacs Budget versus Expenditures Mr. DeVine reviewed the Fete des Lacs Budget and Expenditures with the Council. He stated it was still too early to know as donations were still coming in. Page 11 of 14 " July 25,2001 Council Meeting Minutes IX. CONSENT AGENDA Ken Cook. Building Inspector - Successful Completion of Performance Review and Recommendation to Grade 5, Step 6 Motion bv Council Member Nelson. seconded by Council Member Capra to approve the Performance Review and Recommendation to Grade 5. Step 6 as sUl!~ested by Staff. All in favor. Motion carried unanimouslv. Kris Sweeney. Account Clerk II - Successful Completion of Performance Review and Recommendation to Grade 3. Step 2 Motion bv Council Member Nelson. seconded bv Council Member Capra to approve the Performance Review and Recommendation to Grade 3. Step 2 as sUl!l!ested bv Staff. All in favor. Motion carried unanimously. The City ofCenterville July 12 through July 25, 2001 Motion bv Council Member Nelson. seconded bv Council Member Capra to approve the expenditures for the City from July 11. 2001 throul!h July 25. 2001. All in favor. Motion carried unanimouslv. Centennial Fire District Expenses Motion bv Council Member Nelson. seconded bv Council Member Capra to approve the Centennial Fire District expenditures as presented by Staff. All in favor. Motion carried unanimouslv. X. COMMITTEE REPORTS Staff Concerns Mayor Swedberg asked what this item was in regard to. Council Member Nelson stated Ms. Lien did not want the Parks and Recreation Meeting minutes taken away from her or the Wheels Park. She stated she wanted to continue this work as IS. Council Member Broussard-Vickers stated she was not under the understanding the City needed a staff person to address Parks and Recreation issues on a full time basis. She indicated she was responsible for ordering the wheels park equipment and some work with the festival. Mr. Palzer stated he and Ms. Bender discussed this item and stated they felt the Commission would need to put monies aside to cover this expense taken on by staff. Council Member Broussard-Vickers asked if the Parks and Recreation meetings needed minutes. Mr. Hoeft stated minutes were required, but noted the level of detail was up for discussion. Page 12 of 14 July 25, 2001 Council Meeting Minutes Council Member Broussard-Vickers suggested staff create the agenda's but not draft the minutes. She indicated the original decision was to have Ms. Lien work minimally with the Parks and Recreation Committee and asked that this be held. Council concurred with this suggestion. Committee/Commissions Basic Needs and Concerns Council Member Capra indicated Ms. Amiee Fairbrother found it difficult to take minutes at the Economic Development as she chaired the meeting. She asked if an outline could be submitted with the basic motions, until staff could support this item. The Council agreed with this suggestion during the interim staffing concerns. XI. PUBLIC WORKS DIRECTOR'S REPORT/CLERK/TREASURER'S REPORT Mr. Palzer noted he was approached by the Public Works staff to go to four ten- hour days during the summer with continued coverage five days per week. The Council said to test this through the end of August and report back to the Council at the next meeting on its success. Mayor Swedberg reviewed an article from the League of Minnesota Cities on benefits for City staff. He asked that the members review the information for future discussion. Mayor Swedberg noted a personnel policy was also sent to the City for review. He asked that one Council Member volunteer to review the item and report back to the Council. Council Member Nelson volunteered to complete this task. Council Member Broussard-Vickers asked if staff would continue to contact Council on a regular basis. Council Member Nelson stated if a Council Member is contacted, all should be contacted through the staffing interim. Council Member Broussard-Vickers questioned if the Council would be checking in with the staff every day during the staffing interim. She noted she felt this was not necessary and could be a waste of staffs time. Council Member Travis indicated this could get to be cumbersome. Mr. Palzer stated in the past, one Council Member was appointed as a liaison or contact for staff. Council Broussard-Vickers indicated she did not want the Council Members to be effecting the day-to-day operations of staff with numerous calls unless help was being requested from staff. XII. ADJOURNMENT Motion by Council Member Nelson. seconded by Council Member Capra to adiourn the Julv 25. 2001 Council Meetinl! at 10:25 p.m. Ayes - 4 (Mavor Swedberg. Council Members Capra. Nelson and Travis. Nav - 1 (Council Member Broussard Vickers. Motion carried. Page 13 of 14 " July 25, 2001 Council Meeting Minutes Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 14 of 14 CITY OF CENTERVILLE EXECUTIVE SESSION August 8, 2001 PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Mari Nelson Council Member Linda Broussard Vickers ABSENT: None. STAFF: City Attorney, James Hoeft Director of Public Works Mayo, SwOObcrg mibi~.@ at 7053 p.m Mr. Hoeft was p~tr~s legal issues regarding the following matters: 1. Employee performance related to complaint from Ken Cook. 2. Litigation regarding complaint from Ken Cook. 3. Review of21't Avenue appraisal reports. 4. Discussion of appeal of pending criminal litigation. Mayor Swedberg adjourned the meeting at 10: 10 p.m. Page 1 of 1 Approved CITY OF CENTERVILLE CITY COUNCIL MEETING August 8, 2001 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on August 8, 2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Man Nelson Council Member Linda Broussard Vickers ABSENT: None. STAFF: City Attorney, James Hoeft City Engineer, Tom Peterson I. CALL TO ORDER Mayor Swedberg called the August 8, 2001 City Council meeting to order at 6:30 p.m. SET AGENDA The following items were added to the agenda: . Terry Hannah, Ground Development under Appearances/Awards . Jill Lien under Appearances/Awards . Discuss Hugonian Newspaper under New Business · Informational Letter from City of Lexington under New Business Motion bv Council Member Capra. seconded bv Council Member Nelson to approve the aeenda with the noted additions. Motion carried. III. PUBLIC HEARING (S) - None. IV. APPEARANCES/AWARDS Mr. Ken Cook Mayor Swedberg indicated this item would be discussed in a closed session at the end of the meeting. He asked for comments from Mr. Cook. Mr. Cook explained his letter should be self-explanatory for the Council's discussion. Page 1 of8 Council Member Capra asked how Mr. Cook would be told of the Council's decision. Mr. Hoeft noted Mr. Cook would be notified tomorrow morning of what the Council decided on this issue. Ground Development - Terry Hannah Mr. Hannah, Ground Development, noted he was present to discuss the time line and notification of the Pheasant Marsh development. He presented the Council with a potential schedule to establish meeting dates and notification dates critical to his development. Mr. Hannah indicated August 9,2001 would be a critical date to advertise the public hearing for the next Planning and Zoning Meeting for Phase 1 Final Plat for approval on September 4, 2001. He added that the MUSA swap on the Comprehensive Plan Amendment would also be submitted as soon as possible to gain approval on this item. Mr. Hannah noted grading could begin as soon as the watershed permits were in hand. He stated application for a grading permit should be in to the City by next week along with the necessary fees. Mr. Hannah explained he wanted to review this schedule to make the Council aware of the upcoming time frame and approval dates as staff is lacking a City Administrator at this time. Mr. Hoeft stated at the last meeting the Council ordered the plans and specs which will bring their approval to the August 22,2001 Council Meeting. Council Member Capra asked ifthe timeframe provided by Mr. Hannah was realistic. Mr. Hoeft noted the timeframe was realistic but has not been formally approved and accepted at this time. Mayor Swedberg asked if the advertisement dates for critical notices could be met. Mr. Hoeft stated he was comfortable with the notice dates, as this has been discussed with Teresa Bender on staff. Mayor Swedberg asked how the MUSA swap would be addressed. Mr. Hoeft stated Met Council would need to approve this item, as it is not a City issue. He explained this was the only item that could prolong approval at the City level. Mayor Swedberg advised staff to stay on top of this item with Met Council. Mr. Hoeft noted this was up to Dean Johnson and Ms. Bender. The Council advised Mr. Palzer to have staff send out the proper documentation to Met Council on this item. Jill Lien Jill Lien, 1810 Hayfield Road, said she thought Council was misinformed on administration and the way the office is running. The office is running the same now as it always has run. Page 2 of8 Ms. Lien noted that at one point she was instructed to work on projects, with parks, grants, concession stands and things like that. She indicated that she went back to receptionist duties because there was no longer a receptionist. Ms. Lien questioned why all of a sudden the office is hurting for help because the City Administrator was not out doing the day-to-day work that staff does. She asked the Council to allow her to do more work or she would need to look for a new position elsewhere. CONSIDERATION OF MINUTES July 13.2001 Emergency Council Meeting Minutes Motion by Council Member Nelson. seconded by Council Member Capra to approve the July 13. 2001 Emer~ency Council meetin!: minutes as amended by memo provided by Council Member Nelson. Vote 4-0-1. (Council Member Broussard Vickers abstained) Motion carried. July 18.2001 Special Council Meeting Minutes Motion by Council Member Capra. seconded by Council Member Nelson to approve the July 18. 2001 Special Council meetin~ minutes as amended by memo provided by Council Member Nelson and on Pa~e 13 paral:raph 2. chanein!: her to staff. Vote 3-0-2 (Mayor Swedber~ and Council Member Broussard Vickers abstained) Motion carried. July 25. 2001 Council Meeting Minutes Motion by Council Member Nelson. seconded by Council Member Capra to approve the July 25. 2001 Council meetin~ minutes as amended by memo provided by Council Member Nelson: and on Paee 2. paraeraph 6. chan~ine Center Street to Short Street: Pal:e 2. para~raph 8. removin~ the word "not" from the first line: Pa~e 8. para~raph 6. 4th sentence to read a small "swale": Paee 8. para~raph 12. 2nd sentence chaneine sanitary sewer to "storm" sewer: Paee 9. paral:raph 3. 2nd sentence chan~in~ would to could: Paee 12. paraeraph 5 under Staff Concerns. rd sentence to read "was to have staff work" and chaneinl: the last word from held to upheld: lastly chaneine Mr. Palser to Mr. Palzer. All in favor. Motion carried. VI. PETITIONS AND COMPLAINTS - None. VII. OLD BUSINESS Search Process and Plans for the Vacant City Administrator Position (Update) Council Member Nelson noted a final draft for a profile was before the Council for review and comment. Council/Commission/Committee Discussions and Procedures Page 3 of8 Council Member Capra asked that this item be on the agenda to provide staff with greater direction for staff members with regard to the Park and Recreation Commission. She indicated it was her understanding, if there were problems, staff should still be addressed during the interim. Mayor Swedberg noted Mr. Palzer and Ms. Bender have been given the authority to supervise people during the interim. The Council concurred not to micro- manage the day-to-day operations of staff and to continue to have Mr. Palzer and Ms. Bender supervise staff. Council Member Broussard Vickers stated this has been the position of the Council and stated if staff has issues they should be addressed with Mr. Palzer or Ms. Bender and not be brought to the Council. Eagle Pass 2nd Addition Association Concerns Mr. Hoeft noted he reviewed the Developer's Agreement for Eagle Pass along with the townhome associations concerns. He indicated he analyzed the concerns of the property owners in conjunction with the agreement. Mr. Hoeft noted he received a memorandum from Mike Quigley of Gor-em, LLC addressing eight items that he is willing to address by the end of August. He explained those eight items to be, completion of the tennis court, replacement of cracked sidewalk panels, removal and replacement of dead trees, common area clean up, the cutting of weeds where necessary, completion of all necessary sodding, clean up of construction sites, and street sweeping as needed. He indicated this memorandum would be forwarded on to the two townhome associations. Mayor Swedberg indicated concern for the structural quality and workmanship within this development. Mr. Palzer stated the building code would hold these structures to certain standards. Council Member Broussard Vickers asked if any action had taken place on these eight items to date. The president of the Twin Townhomes Association stated he has seen the developer begin in these areas. He asked that the Council continue to have open communication with the association presidents to keep them informed of upcoming Phase II plans. Council Member Broussard Vickers asked that the Council sit on this item until the end of August until a progress report could be completed. The Council concurred. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to table discussion on Ea~le Pass 2nd Addition Association Concerns to the first meetin!!: in September. All in favor. Motion carried. Sheehy Property Page 4 of 8 Mr. Palzer noted he is following up with the Council on this item and noted Mr. Sheehy was interested in donating 15 acres ofland to the City for $56,000 with assistance in the assessments on this site. He noted Mr. Sheehy's attorney is contacting him to see if Mr. Sheehy is still interested in the arrangement. Mr. Palzer noted this would be revisited once information was gained from their attorney. VIII. NEW BUSINESS Consideration of Granting a Noise Permit for the Rock-N-Hollvwoods at Kelly's Komer Bill Bisek noted that on October 13,2001 there would be a Customer Appreciation Event at Kelly's Komer. He explained there would be a pig roast and com feed for all patrons. Mr. Bisek stated the event would be held from 8:00 p.m.-12:00 a.m. He indicated this was a family event and noted neighboring properties would be sent an invitation to inform them of the event and of the potential noise. Motion by Council Member Capra. seconded bv Council Member Broussard Vickers to approve the Noise Permit for the Rock-N-Hollywoods at Kellv's Korner on October 13. 2001 from 8:00 p.m. to 12:00 a.m. All in favor. Motion carried. Discussion of Preparation of2002 Budget Mayor Swedberg indicated this item would be further discussed at the August 21, 2001 special budget work session meeting and on September 11,2001. Consideration of Approving North Metro Telecommunications Commission! NMTC Media Center 2002 Budgets Council Member Capra noted she attended a commission meeting of the North Metro Telecommunications Commission where they asked the Council to approve their 2002 budget. She noted the peg fees would be going up by $.08 for the year 2002. Motion bv Council Member Nelson. seconded bv Council Member Capra to approve the 2002 North Metro Telecommunications Commission and Media Center Budl!ets as recommended by the Executive Committee. All in favor. Motion carried. Consideration of the Submission of a Rice Creek Watershed District Application for Fund Assistance Associated with Stream Bed & Bank Stabilization Program by Mr. Tim Glascow. 7319 Old Mill Road Mr. Palzer indicated Mr. Glascow is requesting reimbursement for $3,147 for work he will be completing at his property to stabilize the stream bed in his rear yard. Page 5 of8 Mayor Swedberg encouraged that the Rice Creek Watershed eliminate the cuttings or deforestation along the creek. He indicated the natural run off solutions were much more beneficial than landscaping. Motion bv Council Member Broussard Vickers. seconded by Council Member Nelson to advise Mr. Palzer to forward this information to the Rice Creek Watershed as necessary. All in favor. Motion carried. Rainwater Gardens Mr. Palzer noted rainwater gardens could be used in the City of Centerville to assist with backyard drainage issues. He noted these gardens have been developed in several cities to address similar concerns. Mr. Peterson recommended this type of resolution to assist residents in the area with groundwater concerns, especially along Center Street. Council Member Broussard Vickers suggested the Council hold a seminar on this topic to inform the residents of this option. The Council concurred. Council Member Broussard Vickers asked that a report on Rainwater Gardens be provided at the next meeting to explain which time of the year would be best for plantings, watering conditions needed, maintenance, etc. for these type of gardens. Successful Completion of Mr. Joel McPherson's Six (6) Month Probationary Period Mr. Palzer asked for affirmation of the probationary period to regular employee status for Mr. Joel McPherson. Motion bv Council Member Nelson. seconded bv Council Member Broussard Vickers to affirm the probationary period of Mr. Joel McPherson beini: completed and movine: him on as a reeular employee. All in favor. Motion carried. Hugonian Article Mayor Swedberg reviewed incorrect items within the articles and noted he would send a letter to there paper. Letter from the City of Lexington Mayor Swedberg noted this was an informational item only. IX. CONSENT AGENDA The City of Centerville July 26 through August 8. 2001 Page 6 of8 Motion by Council Member Nelson. seconded bv Council Member Capra to approve the expenditures for the Citv from Julv 26. 2001 throu2h AUl:ust 8. 2001. All in favor. Motion carried. Centennial Fire District Expenses Motion bv Council Member Nelson. seconded bv Council Member Capra to approve the Centennial Fire District expenditures as presented by Staff. All in favor. Motion carried. COMMITTEE REPORTS . Council Member Broussard Vickers noted the Planning Commission met on August 7, 2001 where discussion was held on Ordinance 4 with regard to accessory structures. She noted that this item would be before the Council at the next meeting. . Council Member Broussard Vickers noted findings of fact would need to be provided on all new variances coming before Planning or Council for approval. Mr. Hoeft stated the findings of fact are the basis for going through with something or not following through with something. He noted findings of fact would usually be provided for variance approvals to give record of why an item was approved or denied. Mr. Hoeft stated they shows what the Council based their decision on and that the Council did not act in a capricious manner. He suggested staff prepare findings of fact before Planning and Zoning meetings to advise the members of what issues would be addressed with each variance. . Council Member Broussard Vickers noted the Park and Recreation Commission were going forward with the Wheels Park and the order has been placed for the park fixtures. . Council Member Capra noted the Cable Commission was discussing things with AT&T Broadband as they are under a takeover, at this time. She noted this mayor may not have an affect on the agreement with this commission. . Council Member Nelson noted Ray DeVine would be present at the next meeting to review the Fete des Lacs budget. XI. PUBLIC WORKS DIRECTOR'S REPORT/CLERK/TREASURER'S REPORT Mr. Palzer noted Mike Quigley has commenced work on the tennis court. He indicated the weeds have been cut in most areas, and streets have been swept within Eagle Pass. Mr. Palzer explained Kim Stephan has accepted a part time temporary position with the City with hours to be negotiated with staff. Page 7 of8 Motion by Council Member Nelson. seconded by Council Member Capra to recess to an Executive Session at 7:53 p.m. All in favor. Motion carried. XII. ADJOURNMENT Motion by Council Member Broussard Vickers. seconded bv Council Member Travis to adjourn the AUl!:Ust 8. 2001 Council Meetine at 10:10 p.m. All in favor. Motion carried. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 8 of8 Approved OFFICIAL PROCEEDING CENTERVILLE CITY COUNCIL EXECUTIVE SESSION August 22, 2001 Present: Mayor Tim Swedberg Council Member Dick Travis Council Member Mari Nelson Council Member Linda Broussard Vickers Council Member Mary Capra Staff: Teresa Bender - ClerfTreasurer & Interim City Administrator James Hoeft - Garna, Guzy, Steffen, Ltd Mayor Swedberg called the meeting to order at 8:14 p.m. Discussion was conducted regarding the work performance of Ms. Jill Lien, Receptionist for the City of Centerville. A motion was made by Council Member Nelson to begin termination procedure of Ms. Lien's employment with the City, termination effective August 23, 2001. Motion seconded by Mayor Swedberg. Vote 3-2. (Mayor Swedberg and Council Members Nelson and Capra voted yes. Council Members Broussard Vickers and Travis voted nay). Motion carried. Mayor Swedberg adjourned the meeting at 9: 15 pm. CITY OF CENTERVILLE CITY COUNCIL MEETING August 22, 2001 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their Iy scheduled meeting on August 22, 2001, at City Hall, 1880 M~. t. PRESENT: Mayor Tim Swedberg ~ (::) Council Member . unc. STAFF: City Attorney, James Hoeft City Engineer, Tom Peterson I. CALL TO ORDER Mayor Swedberg called the August 22, 2001 City Council meeting to order at 6:30 p.rn. II. SET AGENDA The following items were added to the agenda: . Barry Brainerd under Appearances . Sarah Reichert regarding the Skate Park under Appearances . Jerry Helmbrecht regarding the Skate Park under Appearances . Ray DeVine under New Business . Executive Session Minutes of August 8, 2001 under Consideration of Minutes . 7680 Lake Drive under New Business . Park and Recreation Pay Phone Request at Laurie LaMotte Park under New Business . Employee Performance Discussion for an Executive Session Motion bv Council Member Nelson. seconded bv Council Member Travis to approve the aeenda with the noted additions. Motion carried unanimously. ~ III. PUBLIC HEARING (S) - None. IV. APPEARANCES/AWARDS Mr. Terry HlInnllh - Ground Development 1 oflO Mr. Hannah noted he was the developer of the Pheasant Marsh Development and noted he was present to talk about the 429 process and the approvals necessary for his development. He indicated Ms. Bender has been in contact with him regarding the bond approval process. Mr. Hannah noted the first item is submission for a local improvement with Ground Development paying 100% of the assessments followed by waiver of appeals. He explained there were changes in the assessment process, which created additional documentation for the approval process. He indicated the petition for a local improvement is very straightforward and stated Ground Development would not have any problems with this paperwork. Mr. Hannah explained that his attorney and president were both unavailable for discussion on these items and asked if the Council could approve these items contingent upon signature ofthe petition by the president tomorrow. Mr. Hoeft stated he did not object to approve of these items contingent on the signature being completed tomorrow. He indicated the petition for approval and the agreement of assessments and waiver of irregularity and appeal should go through with as is. Motion by Councilmember Nelson, seconded bv Councilmember Capra approvine: Resolution 01-014 and Resolution 01-015 contine:ent upon the sie:nature of the President of Ground Development. for the Petition for Local Improvement and Ae:reement of Assessment: and Waiver of Irree:ularitv and Appeal by the Owner as presented by staff. All in favor. Motion carried unanimously. .: Barry Brainerd - Plannin~ Commission Barry Brainerd, 1853 Revoir Street, noted he was before the Council with regard to his third annual block party and stated he is requesting to put up barricades in the cul-de-sac near his home. Mr. Brainard drew a diagram of the proposed location for the barricades to allow safety for those participating in the block party. Mr. Brainard noted he spoke with the police department and public works regarding this item. He indicated both approved his site location and noted he was just looking for approval from the Council. Councilmember Nelson asked if citizens would still be able to reach Acorn Creek Park. Mr. Brainerd noted the roadway would still be open for a vehicle to pass, but indicated he just wanted to minimize the flow. Motion by Mayor Swedbere:. seconded by Councilmember Travis to approve the barricade for Barry Brainard for the block party near 1853 Revoir Street 20flO from 3:00 qm to 12:00 am on AU2ust 25. 2001. AU in favor. Motion carried unanimousIv. Sarah Reichert Sarah Reichert, 1578 LaMotte Circle, noted she spoke with staff earlier today regarding the noise of the skate park. She indicated she is in favor of the skate park as an event for the children. but noted the noise was louder than expected. Ms. Reichert questioned if a time limit could be placed on the park usage or if insulation could be placed within the metal ramp. Councilmember Capra questioned what the noise was from. Ms. Reichert stated it was from a metal ramp and stated she has heard that this could be insulated to reduce the noise fur the neighboring properties. Mayor Swedberg stated this would be investigated and thanked Ms. Reichert for her comments. Jerry Helmbrecht - Centennial Lakes Police Department - Skate Park Jerry Helmbrecht, 1745 Main Street, noted he was present to discuss how many hours the police department could spare at the skate park. He indicated he was currently present three hours a night at this site. Mr. Helmbrecht stated time is limited during the daytime hours. He explained he was not witnessing any problems while at the skate park, but stated during the day, more issues take place, when a police officer is not present. Mr. Helmbrecht stated the hours of operation, dawn till dusk issue, could be enforced more rigidly if the Council wished. He suggested setting a closing time for safety of the children within the City. Mr. Helmbrecht stated the park has been a great addition to the park system for the youth in the area to participate in. Mayor Swedberg encouraged all parents to protect their children with helmets, wrist and elbow guards while they are at the skate park. Ray DeVine stated once Acorn Creek was opened, he and his neighbors called the police right away with excess noise complaints to have them address the youth. He encouraged the residents near LaMotte Park to do the same thing to reduce the after dusk activities. Mayor Swedberg thanked Mr. Helmbrecht for all his assembly efforts along with numerous residents and staff members at the skate park. He noted the kinks will be worked out on this issue as the Council becomes more aware of concerns. Ray DeVine - Fete des Lacs 2001 Festival Mr. DeVine noted the festival was roughly $5,000 in the red after all the festivities of2001, but noted there were still some donations coming in. He stated 3 of 10 the City of Centerville would be donating approximately $10,200 to the committee from the revolving fund as a donation and to cover this deficit. Mr. DeVine indicated the heat was a factor this year, which limited participation. He asked if the Council has any questions at this time. Mayor Swedberg asked the committee to evaluate what items were essential for the festival and those, which could be dropped. He stated this would be helpful for future funding concerns. Ray DeVine noted the softball tournament went really smoothly this year and brought a lot of people to the festival. He indicated the parade was a huge success, but was expensive this year. Councilmember Capra indicated the parade was wonderful this year and encouraged the committee to continue with it. She questioned if there was an expense for the carnival. Mr. DeVine indicated the carnival was of no expense to the committee, and explained the festival committee received a portion of revenues after a certain portion of revenues was gained. Councilmember Nelson asked that staff provide the Council with donation information and final expenditures for review at the next meeting. Mr. DeVine asked when the Council would have a grasp on the 2002 budget for the committee to know what funding would be available. Mayor Swedberg noted the Council will be holding several more study session meetings to discuss the budget and should have an answer within the next month. Mr. DeVine thanked all the committee members, public works, City staff and volunteers for their work on this year's festival. V. CONSIDERATION OF MINUTES August 8. 2001 Council Meeting Minutes Motion bv Council Member Nelson. seconded bv Council Member CaDra to approve the Auenst 8. 2001 Council meetine minutes as amended bv Conncilmember Nelson within her memo: Daee 3. Julv 13. 2001 Meetin,: approval. the vote should read 4-0-1 {Vickers abstained}: Paee 6 under Hneonian Article remove paraeraph and reDlace with "Mavor Swedbere reviewed incorrect items within the articles and noted he would send a letter to the paper: and addinf! a time of adiournment on Paee 8 beine 10:10 D.m. AD in favor. Motion carried unanimously. August 8. 2001 Executive Session Council Meetiruz Minutes Motion bv Council Member Broussard Vickers. seconded bv Council Member Nelson to approve the Aueust 8. 2001 Executive Session Council meetine minutes as amended chaneine Paulzer to "Palzer"; makine the caD 40flO to order time 7:53 p.m. and the time ofadiournment 10:10 p.m. All in favor. Motion carried unanimously. Mr. Hoeft reviewed the items that were discussed at the Executive Session with regard to Mr. Ken Cook's employee performance. He noted an investigation was taking place at this time. Mr. Hoeft indicated he was directed to continue with the appeal of pending criminal litigation by the Council. Mayor Swedberg thanked Mr. Hoeft for his recommendations and efforts on these City issues. VI. PETITIONS AND COMPLAINTS - None. VII. OLD BUSINESS Search Process and PIan for the Vacant Citv Administrator Position (Update) Councilmember Nelson indicated she spoke with Tom Sathe and indicated he was looking for a dollar amount available for travel expenses for applicants out of the metro. She noted Mr. Sathe had roughly seven or eight applicants at this time and would be completing interviews this next week. Councilmember Nelson explained Mr. Sathe was looking for a dollar range for assistance in moving a new candidate, as well, and also covering expenses for final interviews. Councilmember Nelson stated she spoke with a moving company and found $4,000 should cover the expense of moving a candidate with roughly $1,000 for hotel and eating expenses during final interviews. She noted she would be in agreement with setting an expense account to keep an applicant interested in the City. Councilmember Travis stated he felt this was a great deal of money to keep someone interested in the City of Centerville. Councilmember Capra indicated she felt this could be a negotiating tool for the City to use for potential candidates. She explained if this was not to exceed $6,000 she may be in favor of the expense account. Councilmember Broussard Vickers stated she may be interested in the City covering this expense but would like to leave the amount open ended at this time. She indicated applicants applying from out of the area, would expect to move when applying for this job. Councilmember Capra stated she would be in favor of covering the expenses of the second interview. Councilmember Broussard Vickers agreed this amount should stay open ended, as the Council does not want to commit themselves to applicants just yet. 5 oflO Councilmember Nelson noted she would report this information back to Mr. Sathe. Rain Water Gardens Mayor Swedberg reviewed an article about the rainwater gardens from the Star Tribune for the Council to review. Mr. Peterson stated the garden seeds are able to be planted through October with grading and preparation work, as well. He noted plants are better planted in the spring for these gardens. Mayor Swedberg asked that an informational meeting be held for the public to inform them of this option. Mr. Peterson stated he has been working with the City of Scandia on this same issue and noted the seminar speaker charges roughly $70-75 an hour for her meetings. Councilmember Broussard Vickers asked that something be placed on the web site regarding this item to gain interest for a seminar to be held in late September or early October. Mr. Peterson indicated the people on Center Street should be contacted because this could assist them with their concerns. He stated Mr. Palzer should also be notified to gain additional names of residents with groundwater problems. Mayor Swedberg suggested a cost share for those residents on Center Street from the sanitary sewer fund to assist in the planting of a rainwater garden. Eagle Pass 2nd Addition Association Concerns Ms. Bender noted the tennis court was completed along with the sidewalks in Eagle Pass. She indicated the striping would be done after the court was allowed to cure. Mayor Swedberg spoke on the speed limit issue on Main Street between 20th Street and the eastern border of the City. He noted the Council is not responsible for setting speed limits. He indicated there was a state commission responsible for this issue. Pheasant Marsh I SI Addition Resolutions This item was addressed earlier in the meeting. Shea Architects Councilmember Capra noted she was working on a design plan for the commercial property west of the County Bank. She indicated the south side of Main Street was subdivided into three parcels. Councilmember Capra reviewed access, sidewalk and parking issues at this site. She explained this item would be brought before the Council in the future after 6 of 10 additional discussion has taken place. Counci1member Capra noted there would only be a one one-way entrance off of Main Street to control the flow of traffic. Counci1member Capra stated this site would be a good working tool for the Council to use with future commercial developments. 21st Avenue Utxiate Mr. Hoeft explained he had nothing new to add except to review the response from Ms. Linda Waite-Smith. He indicated a joint meeting would need to be scheduled at some point in the future. Mr. Peterson noted he met with the three property owners along with Mr. Palzer to discuss the improvements. He indicated no one wants to cover the expense, but stated good discussions took place. 2002 Budl!et Mayor Swedberg noted the Council held a study session on August 21, 2001 and noted the Council was fuced with numerous difficulties this year due to new legislative actions. He noted there would be additional budget meetings on September 6, 2001 and September 11, 2001 with a preliminary approval of the budget at the September 12,2001 Council meeting. Turcotte Propertv ({Jtilities and Winterizinl!) Ms. Bender asked what the Council would like to have public works do with the Turcotte Property as far as winterizing the site or not. Mr. Hoeft stated it was Mr. PaIzer's wishes to terminate the utilities and to remove the structure in the future. Councilmember Broussard Vickers asked if the site could be used for rental property. Mr. Hoeft stated this would be possible but indicated taxes would then have to be paid on the site. Councilmember Broussard Vickers asked that the home be winterized until the home can be sold and moved off the land. Mr. Hoeft stated he feh this would be a good option for the Council even iflimited funds were gained for the structure. Councilmember Broussard Vickers questioned if an ad could be placed in the paper to sell and move the home off the site. She noted selling the home would be cheaper for the City, than demolishing it. The Council agreed to keep the utilities on through September until potential buyers could view the site. VIll. NEW BUSINESS Ordinance #4 Amendment (Accessory Structures M-1 District) 70flO Councilmember Broussard Vickers noted there was a lot of discussion at the Planning and Zoning meeting regarding accessory structures in the M-l District. She noted residential and commercial properties would be treated differently, with regard to accessory structures, even if they are both within the M-l District. CounciJmember Broussard Vickers noted commercial properties would be defined as those that earn money on the property. Councilmember Broussard Vickers reviewed the size of structures on the site and noted 704 square feet was the maximum on lots where 2% of the lot size was smaller than that. She noted this gave those without an attached garage a place for storage. Councilmember Broussard Vickers indicated those with attached garages would have to follow the current standards. Counci1member Broussard Vickers noted it was the Planning Commission's general feeling that it was better to have storage space available to residents than to have the residents storing items in side and rear yards. Mayor Swedberg asked if there were height limits. Councilmember Broussard Vickers indicated this standard was already set within the Ordinance. Motion bv Council Member Nelson. seconded bv Council Member Capra to approve the Ordinance #4 amendments as presented. All in favor. Motion carried unanimouslv. Park and Recreation's Reauest for a Pav Phone at LaMotte Park Councilmember Capra noted information was provided to the Council within the Park and Recreation minutes regarding a pay phone at LaMotte Park. She noted the Park and Recreation Committee were recommending a pay phone at this park for safety of those in the park. She reviewed the expenses with the Council and noted the Commission's motion was to locate the phone under the awning on the warming house with $80 per month allocated to cover the expense of the phone along with $400 to cover the installation. Mayor Swedberg suggested cost alternatives be investigated before this item were to be approved. He indicated an emergency button could be placed at the park if this is for safety issues. Councilmember Broussard Vickers disagreed with the emergency phone, and noted a pay phone would also be used for contacting parents or rides, along with emergency use. She indicated this was a park maintenance issue and should not be taken out of the park funds. Counci1member Capra questioned who would be responsible for vandalism to the phone. Mr. Hoeft noted Qwest would be responsible for the phone. Motion by Councilmember Broussard Vickers. seconded bv Councilmember Travis to contact Qwest to install a shared services phone as sURRested by the Park and Recreation Commission continent upon the Police Departments approvaL All in favor. Motion carried unanimously. 80flO 7680 Lake Drive Mr. Hoeft stated he was contacted by the property owner at 7680 Lake Drive in Lino Lakes. He indicated a title issue has arisen at this site with regard to a roadway easement with dated back to the village of Centerville. Mr. Hoeft indicated the mutual incorporations of Lino Lakes and Centerville did not abolish this issue. Mr. Hoeft noted a quit claim deed has been drafted to extinguish this roadway easement and noted this needs approval from the Council. He asked that the Council authorize the mayor to execute a quit claim deed for this property to clear up the title. Motion bv Council Member Nelson. seconded bv Council Member Capra to authorize the Mayor to execute a Quit claim deed for the roadway easement on the property at 7680 Lake Drive. AU in favor. Motion carried unimouslv. ~. CONSENT AGENDA The Citv ofCenterville Au~ 9 through August 22. 2001 Motion bv Council Member Broussard Vickers. seconded bv Council Member Nelson to approve the expenditures for the City from AUllust 9. 2001 throullh AUllust 22. 2001. AU in favor. Motion carried unanimously. Centennia1 Fire District EJq>enses Motion bv Council Member Broussard Vickers. seconded bv Council Member Nelson to approve the Centennial Fire District expenditures as presented by Staff. AU in favor. Motion carried unanimously. X. COMMITTEE REPORTS Councilmember Broussard Vickers noted there would be five or six public hearings at the next Planning Commission meeting. She forewarned the Council these items would then be passing along to the Council. Councilmember Capra reviewed a memo regarding the Economic Development Committee stating they are in support with implementing City water in the downtown area for redevelopment. She noted at the July 12, 2001 the Council approved the goals and objectives of the EDC. This Committee thanked the Council for their support. XI. PUBLIC WORKS DIRECTOR'S REPORT/CLERKffREASURER'S REPORT Ms. Bender noted she had nothing to add at this time. 9 of 10 Motion by Councilmember Nelson. seconded bv Councilmember Capra to recess to an Executive Session at 8:10 p.m. AU in favor. Motion carried unanimouslv. Motion by Councilmember Broussard Vickers. seconded by Councilmember Travis to close the Executive Session and reconvene the Council Meetinl! at 9:15 p.m. AU in favor. Motion carried unanimously. xn. ADJOURNMENT Motion by Council Member Broussard Vickers. seconded by Council Member Travis to adiourn the AUl!ust 22. 2001 Council Meetinl! at 9:16 p.m. AU in favor. Motion carried unanimouslv. Transcribed by: Heidi Guenther, Recording Secretary TimeSaver Off Site Secretarial, Inc. 10of10 '.: :JII" , .. Pursuant to due call and notice thereof, the City of Centerville hel meeting on September 12, 2001, at City Hall, 1880 Main S CITY OF CENTERVILLE CITY COUNCIL MEETING SEPTEMBER 12, 2001 6:30 p.m. PRESENT: Actin C y Administrator/Public Works Director, Paul Palzer City ngineer, Tom Peterson City Attorney, Jim Hoeft I. CALL TO ORDER Mayor Swedberg called the September 12, 2001, City Council meeting to order at 6:36 p.m. II. SET AGENDA Mayor Swedberg began the meeting by asking that residents fly the flag as a show of solidarity for those that were affected by Tuesday's tragedy. He then asked that residents pray for the loved ones ofthe victims. Council, and those in attendance, observed a moment of silence followed by reciting the pledge of allegiance. Council Member Nelson requested approval of the Minutes from August 22, 2001 of the executive session be added under consideration of minutes. Council Member Nelson requested that discussion of which employees should have keys to City Hall be added under new business. Council Member Broussard Vickers noted that the variance requests listed under appearances should have been listed under new business. Page 1 of29 . Mayor Swedberg noted Mr. Hasiak, who had requested a variance, would not be in attendance at the meeting. Mayor Swedberg asked that discussion of approval to allow Officer Gleason to use City Hall for a training session on September 22,2001 be added under new business. Mayor Swedberg noted he had discussed supervision of the skate park with Matt, the Community Service Officer and asked that supervision at the skate park be added under new business. Motion bv Council Member Nelson. seconded bv Council Member Capra to approve the al!enda as amended. All in favor. Motion carried unanimouslv. III. PUBLIC HEARING (8) 1. Pheasant Marsh Final Plat. Mayor Swedberg opened the public hearing at 6:43 p.m. Mr. Terry Hannah, Ground Development, addressed Council to discuss the final plat for Pheasant Marsh. Mr. Hoeft noted he had spoken to Mr. Palzer and the developer outside before the meeting concerning the final plat and asked that the area on the map labeled as a drainage and utility easement be corrected to reflect the trail location. He pointed out that this would make the plat easier to read and would clarify for the homeowners that there is a trail in that location. Troy Livgard, the engineer for the developer, indicated the entire area had been labeled as an outlot and said the trail would be located inside of the outlot. City Attorney Hoeft indicated the City would prefer to have the trail defined as the City does not want the homeowners, who would be responsible for the outlot, to be able to claim control of the trail. Council Member Broussard Vickers indicated that the Parks and Recreation Committee had discussed the trail and indicated the City would need to have control of it. City Attorney Hoeft questioned why the developer had designated the trail as an outlot. Mr. Hannah indicated that it was not clear at the beginning as to who was going to maintain the trail and said there was a discussion indicating that the homeowners should control the open spaces. Council Member Broussard Vickers clarified that the City wants to control the trail. Page 2 of 29 Mr. Hannah indicated he had not understood that the City wanted to control the trail and had assumed all along that the City was not interested in being responsible for the expense of maintaining the trail. Council Member Broussard Vickers clarified that the City does not want to have to maintain the outlot but will maintain the trail. City Attorney Hoeft noted that the trail is marked to be 12.5 feet wide. He then indicated that in the Hunter's Crossing development the City required a 20 foot wide trail easement to allow for a 10 foot trail and room to put snow. He further noted that due to the drainage and utility easements in the same location as the trail there should be room for storage of snow removed from the trail. City Attorney Hoeft indicated he felt that the City could approve the final plat contingent on the developer re-designating the outlot to a trail easement and upon approval of the developer's agreement. Deb Nelson of 7164 Mill Road expressed concern for maintenance of the trail because the trail runs through homeowners' backyards. City Attorney Hoeft indicated the City would maintain the trail. Mayor Swedberg noted the county is considering adding the trail to its county-wide trail system. Council Member Broussard Vickers expressed concern for drainage within the development, as that piece of land is currently where the water flows. Council Member Broussard Vickers noted she was concerned that the City is leaving out a piece of property that is not going to have easy access to water and sewer. She expressed concern for the costs associated with the Wilharber property being able to get water and sewer. She then noted that the City has not bypassed properties before and noted that, as currently designed, the Wilharber property would not logically end up on the sewer and water system. She further noted that the City is departing from what it has done in the past by allowing this design. Council Member Travis expressed concern for residents on Lots 1, 8, 9, and 10 being able to place a fence on the lot line which would restrict snow removal from the trail. City Attorney Hoeft suggested expanding the width of the easement to make it a 20 foot wide drainage, utility and trail easement noting the City could handle all the items with one easement. He then indicated that, if the area was designated as an easement, the homeowner would not be able to place a fence in the easement area. Page 3 of 29 Mr. Hannah indicated he understood that the common goal is that the City should maintain the trail and rights over the trail but said he needed to discuss how to properly word the trail area with his staff. City Attorney Hoeft made it clear that the City is requiring a 20 foot wide easement for drainage, utility and trailway. Mr. Livgard, the engineer for the developer, indicated it would still be called an outlot. City Attorney Hoeft clarified the City wanted the 20 foot wide area for drainage, utility and trailway designated as an easement. Mr. Tom Wilharber of 6849 Centerville Road, the owner of the property to the west of the Pheasant Marsh development, noted that the first proposed assessment for sewer and water to his property was $41,000 based on 638 feet of frontage. Mr. Wilharber then pointed out that, due to the changes Council made at the last meeting concerning the design for sewer and water, he would now be able to obtain services at a cost of $50,000 based on 208 feet of frontage. He further indicated that service would not be available to him until 2006 under the new design and then pointed out that Council has deviated from the standards it has used with past developments within the City. Mayor Swedberg commented that Mr. Wilharber had come before Council to object to the original assessment amount. Mr. Wilharber clarified that he had written to Council indicating that he was working with the engineer and developer on the assessment amount and said he believed they could have continued to do so. Motion bv Council Member Broussard Vickers. seconded bv Council Member Nelson to close the public hearinl!. All in favor. Motion carried unanimously. Mayor Swedberg closed the public hearing at 7:15 p.m. Motion bv Council Member Nelson. seconded bv Council Member Capra to approve the final plat subiect to the re-desil!nation on the plat of a 20-foot wide easement for drainal!e. utility. and trailwav and subiect to an approved developer's al!reement. Aves - 4. Navs -l(Broussard Vickers). Motion carried. IV. APPEARANCES/AWARDS 1. Mr. & Mrs. Jeremv Bates. 1977 South Robin Lane - Variance Request Mrs. Bates told Council that she and her husband had purchased the house at 1977 South Robin Lane six months ago but said before doing so their real estate agent and she had contacted City Hall to make sure that a garage could be built on the property. She then indicated that she and her agent were told they could build a garage and, it was not until she applied for a permit, that she was told the ordinance would only allow them to build a Page 4 of29 one car garage detached garage. She further noted that a two car attached garage will not work on the lot due to the way the house sits on the property and the location of the well. Council Member Nelson questioned whether Mr. and Mrs. Bates meet the requirements to be granted a variance. Council Member Broussard Vickers noted that the Planning and Zoning Committee voted to approve the variance request as the members feel that they may need to revisit the ordinance requirements for houses in the R4 zoning district. She then noted that Mr. Wilharber, a member of the Planning and Zoning Committee, had commented at the meeting that it may be possible to apply the variance requirements to the Bates' circumstances. Mr. Wilharber indicated that Royal Meadows was developed as a PUD with very small lots. He indicated that it was the first development in the City to allow doublewides onto small lots. He then indicated that looking back at the development the City should have required that the houses be set off to one side rather than centered on the lot which seems to be causing issues with building garages. Mr. Wilharber indicated that the City has granted variances for other residents in the Royal Meadows development to allow for a garage and he feels that denying this variance request would deprive the resident of something others in the same zoning area have. He then stated that he feels that any time a resident wants to add value to the property with improvements the City should encourage them to do so. He further stated that not everything is black and white there needs to be a little gray every now and then. Council Member Broussard Vickers inquired as to whether City Attorney Hoeft had reviewed the wording in question in the ordinance. City Attorney Hoeft indicated that the ambiguity of the language in the ordinance was irrelevant as the residents do not meet the requirements for the granting of a variance. He then said that if the City intends to review the ordinance for a possible change he would recommend the variance be denied. He then indicated that granting a variance, in effect, would make the ordinance ineffective and would set a precedent for all residents to argue they should be granted a variance. Council Member Broussard Vickers indicated that two percent of the Bates' rear yard is 150 square feet and said the Planning Committee felt 150 square feet was too small and added the 200 square feet language to the ordinance for the R4 zoning district. She then said that Mr. and Mrs. Bates have asked for a variance to construct a 400 square foot garage which is twice the size allowed by the ordinance. Ms. Buckbee of 7381 Peltier Circle indicated that granting the variance would not be setting a precedent for others in the City because Royal Meadows is the only R4 zoning in the City. Page 5 of 29 p City Attorney Hoeft agreed that Council could point to the small lot size as a reason for granting the variance and as a distinction from other lots in the City. Council Member Travis asked if Mr. Palzer had reviewed the proposed location of the garage. Mr. Palzer indicated he had not been out to Mr. and Mrs. Bates residence. Council Member Capra indicated she had driven through the neighborhood and noticed that some houses have the garages set back and off to the side. Mrs. Bates indicated that they propose to build their garage the same way as their neighbors. Council Member Nelson stated that there are requirements that must be met in order to grant a variance and said Mr. and Mrs. Bates do not meet those requirements. Council Member Broussard Vickers indicated that the Planning and Zoning Committee intends to review Ordinance 4 at its next meeting. She then indicated she agrees with City Attorney Hoeft that it would be better to change the ordinance rather than granting the variance. Mayor Swedberg questioned whether Mr. and Mrs. Bates would have any yard left ifthey were allowed to construct the garage. Council Member Travis indicated that there are other yards like it and said if the garage were setback as proposed he feels it would be fine. He then indicated he would prefer to change the ordinance rather than to grant the variance. Mrs. Bates asked how long it would take for the City to change the ordinance. Council Member Travis indicated that the City has granted pernnSSlOn to begin construction based on an expected change to the ordinance. City Attorney Hoeft indicated that the City should not indicate what type of change it would allow at this point because there is no guarantee. Council Member Travis asked how long it would take to change the ordinance. Council Member Broussard Vickers indicated Council would not see a proposed change to the ordinance until the Council meeting in mid-November. Ms. Buckbee said she did not think it was fair to ask residents to pay $175 for a variance if the City denies the variance and decides to change the ordinance. Council Member Broussard Vickers clarified that the City does not change the ordinances after every variance request. Page 6 of29 Ms. Buckbee indicated there are other garages in that area of the same size and said she feels the City would be depriving Mr. and Mrs. Bates of something others in the same zoning district have by denying the variance. Council Member Broussard Vickers clarified that under current ordinance the garage is not allowed. Mr. Hoeft indicated that he would prefer not to set City policy by variance and recommended the ordinance be changed making the variance request unnecessary. Motion by Council Member Nelson. seconded by Council Member Capra to deny the reauest for a variance to construct a 400 SQuare foot accessory structure at 1977 South Robin Lane. Ms. Deb Nelson suggested the City refund the $175 fee to Mr. and Mrs. Bates. Council Member Broussard Vickers indicated that the $175 pays for the mailing and publication of the variance request and could not be refunded Council Member Nelson indicated that the residents should have been given a list of the variance requirements prior to applying for the variance. She then indicated that, if the residents feel they meet the requirements, they are required to pay the $175. Ms. Nelson asked how the other residents in that area got their garages. Ms. Buckbee indicated that there were variances granted in that area for garages. Mayor Swedberg indicated that the City wants Mr. and Mrs. Bates to have a garage but said the City needs to follow proper procedure and amend the ordinance. Mrs. Bates indicated they would like to construct the garage before winter arrives. She stated that they are already seven weeks into the process and are being asked to wait until the City amends the ordinance. She stated that they were given information by the City Clerk that they could build a garage prior to purchasing the house. She then told Council that the day they were to appear before Planning and Zoning the clerk faxed information indicating they may not need the variance at all and suggested they ask for a refund of the $175.00. She then handed the fax received from the City to Council for its review. Council Member Broussard Vickers indicated that the variance had already been applied for and the notices sent out so the City could not refund the $175.00. She then indicated that the Clerk had apparently misinterpreted the meaning of the ordinance. Council Member Capra indicated she had spoken to Mr. Brainard, a Planning Committee Member, and he had indicated that he feels variances should be few and far between and said that the situation does not meet the requirements for the granting of a variance. Page 7 of29 Mr. Terry Sweeney, 7154 Brian Drive, suggested Council follow the recommendation of the Planning and Zoning Committee as the Committee had voted by majority to recommend granting the variance. He then indicated that he agreed that the development is unique and allowing the improvement would enhance the property and the City overall. Mr. Wilharber indicated that Council should consider the decision of the majority of the Planning Committee members not just one member. He then noted the vote taken was four to two to grant the variance. He further indicated he feels the variance is warranted in this situation. Mayor Swedberg indicated that Council does not have a problem with the garage but said Council is required to apply the state mandated requirements for the granting of a vanance. Mayor Swedberg questioned how large the garage could be if it. were attached to the house. Mr. Palzer indicated that a 3,000 square foot garage would be allowed. Council Member Travis indicated that a variance is a tool that is available to the City for use when needed. He then indicated that he feels hardship has been demonstrated in this case. Council Member Broussard Vickers indicated that the City granted a variance for a resident due to the shape of the lot and the creek running through it which caused a hardship. Council Member Travis stated he felt that a variance is a tool that could be used and used wisely. Ms. Nelson indicated she felt Mr. and Mrs. Bates were entitled to a refund of the $175 as the City is now changing the ordinance instead of granting them a variance. Council Member Broussard Vickers indicated that the $175 fee is used to pay for the costs associated with mailing the notices and publishing in the newspaper. Mr. Wilharber indicated that previous councils have granted a lot of variances and they have not been all that bad. Mr. Bates told Council they need a garage before winter and, if denied, would build one anyway. Mayor Swedberg advised Mr. Bates not to build the garage without obtaining a permit. City Attorney Hoeft suggested attaching the garage to the house with a breezeway in order to eliminate the need for a variance. Mr. Bates indicated that footings would be required which would add to the cost of the structure significantly. Page 8 of 29 Ayes - 4. Nays -1 (Travis). Motion carried. Mayor Swedberg indicated he would like to instruct Planning and Zoning to address the change to the ordinance as quickly as possible. Mr. Wilharber indicated that there are not many homes in the area that do not have garages. Mrs. Bates asked what the timeframe was for the ordinance change. Council Member Broussard Vickers indicated that the earliest Council would see the ordinance amendment would be at the November 14,2001 Council meeting. Mayor Swedberg asked whether Council could direct Planning and Zoning to call a special session to address the issue. Mr. Hoeft indicated that Council could direct the Planning and Zoning Committee to call a special meeting but noted that the Committee is not obligated to do so. 2. Mr. & Mrs. Stan Hasiak. 6994 Centerville Road - Variance Request Council Member Broussard Vickers explained to Council that Mr. Hasiak was before the Planning and Zoning Committee to ask for a variance to construct an 8 x 24 fully enclosed dog kennel attached to the existing pole shed. She also noted that Mr. Hasiak's pole shed is nonconforming due to its size. She further noted that the Planning and Zoning Committee had voted to recommend Council deny the variance request because the ordinance does not allow for the intensification, enlargement or enhancement of a nonconforming structure. Mayor Swedberg asked why Mr. Hasiak did not use a portion of the existing pole shed for the kennel. Council Member Broussard Vickers indicated that Mr. Hasiak had requested a variance to build an 8 x 24 kennel because he feels it will be better for the safety of the children and the rest of the community. Motion by Council Member Travis. seconded by Council Member Capra to denv the variance request to construct an 8 x 24 kennel at 6994 Centerville Road. All in favor. Motion carried unanimouslv. Council recessed at 8:20 p.m. Council reconvened at 8:25 p.m. V. EXECUTIVE SESSION REGARDING MS. JILL LIEN (Opened by Ms. Lien) Mayor Swedberg indicated that on July 12, 2001 Mr. March had resigned his position as City Administrator and Council had appointed Mr. Palzer and Ms. Bender as Acting City Administrators during the search for a replacement for Mr. March. He then indicated that Page 9 of 29 Council Members had witnessed serious issues and had raised concerns regarding Ms. Lien. He further indicated that those concerns were outlined in a letter drafted by Mr. Hoeft and sent to Ms. Lien's attorney. Mr. Hoeft asked if Ms. Lien and her counsel wished to have the matter heard at the open meeting. Mr. Corwin indicated that he and his client would like the matter heard at the open meeting. Mr. Hoeft indicated that this hearing was for Ms. Lien to address the charges against her. He then asked that anyone who wished to speak do so only with regard to relevant information and refrain from disparaging remarks or on the flip side extol the virtue of Ms. Lien. Mr. Corwin, counsel for Ms. Lien, addressed Council and indicated that Council was in violation of the Data Practices Act for failure to provide minutes from the closed executive session where an illegal vote was taken to fire Ms. Lien. He then indicated that the charges against Ms. Lien were not provided to them until September 11,2001. Mr. Corwin indicated that Council had closed the meeting to make a determination as to the status of Ms. Lien's employment. He noted that no minutes were provided for the closed session and further noted that when Council resumed the open session no vote was taken. Mr. Corwin told Council that it seems to him that some people got upset when Ms. Lien did not agree with them and so Council decided to exercise its authority without granting Ms. Lien the right of every public employee and that is the right to respond to and address the charges against them. He then noted that he had just received a copy of the reasons for termination yesterday and further indicated that Ms. Lien had not received her Laudermill hearing and was denied her constitutional rights. Mr. Corwin indicated that Council had denied Ms. Lien her constitutional rights because some of the Council Members were upset with some of the things she had said. He noted that Ms. Lien has the right to freedom of speech and suggested that if Council Members cannot take criticism they should step back. He then noted that the City Administrator had left the City due to the way things are run and had left two subordinates to run the office. He further indicated that there is a lot of work that needed to be done and Council instructed City employees to ignore the Committee work and work on day to day operations even though Ms. Lien had indicated she did not have enough to do. He also pointed out that Council did not communicate that directive to the Committees as it should have, instead relying on staff to inform the Committees that they were no longer able to help them. Mr. Corwin explained that when an individual from the Parks and Recreation Committee had come into the office and asked Ms. Lien to help him with something she agreed to do so because she was not doing anything at the time. He then suggested that Council was more concerned with its ego than whether or not staff had time to do the work. Page 10 of 29 Mr. Corwin indicated that Council had violated every employment law there is. He noted that Council went from no disciplinary action to discharge using discipline as a punishment rather than a corrective measure. He further noted that Council did not follow the proper procedure and acted in an arbitrary and capricious manner. Mr. Corwin indicated that Ms. Lien has several notes as to her character in her file and is being discharged for doing more work than she was required to do. He then noted that, in doing so, Council violated her constitutional rights. Mr. Corwin told Council that if it continued to do this and refused to right the wrongs he would sue the City to preserve his client's rights and ask a court to determine that Council's actions are a result of its will and are arbitrary and capricious and the decision was not based on the merits. He further said that Council was not acting in the best interest of the City but for its own personal best interests. Mr. Corwin indicated that Council has not answered Ms. Lien's requests for her records and has not given her the minutes as she requested. He then noted that Ms. Lien went to Council and asked for more work because, when the Parks and Recreation Committee work was taken away from her, she needed more to do. He further noted that, in response to Ms. Lien's request for more work, Council fired her. Mr. Corwin indicated that he had reviewed Ms. Lien's job reviews and has found that she has received nothing but good reviews. He then noted that, in her 2001 review, it was noted that she got along well with all employees but one which is the employee he believes has talked Council into firing her. Mr. Corwin commented that former City Administrator, Mr. March, has said he sides with Ms. Lien in this matter. He then suggested that the City reconsider its actions and said the Council is not above the law and not above the constitution. Ms. Lien indicated that, after the special meeting, Council had asked her if she had any concerns and said to come to Council with them. She then indicated she is a very active and involved person. She then indicated that Council Member Nelson had specifically said that Council wanted to hear concerns. Ms. Lien stated that she told Council there was a problem and said she does not understand why Council thinks things are so amiss in the office when the last thing she said was "please give me more duties." Ms. Lien told Council she is a secretary not a receptionist. She then suggested that Council review her performance reviews to see she has a glowing record with no history of insubordination. Ms. Lien asked Council to define for her the "numerous instances of insubordination" as stated in the letter. She then noted that Mr. March had resigned only six weeks ago and Page 11 of 29 said she worked only 14 Y2 days out of those six weeks and questioned how things could have gone so wrong in such a short amount of time. Ms. Lien stated she did nothing more for Parks and Recreation other than giving the information to the Chair and writing a letter telling the members she could not do anything for them. She then noted it was not for them, it was to them from her. Ms. Lien read the letter that outlined the alleged misconduct. Ms. Lien indicated she was not told she could go to Mr. Palzer she said she was told to go to Ms. Bender. She then indicated that she feels she should have been able to see the wheels park to completion and said she had expressed that to Council. Ms. Lien then read a sentence from a memo sent to the Parks and Recreation Committee from Council that stated that the wheels park is a large project and staff is to continue to order equipment, etc. Ms. Lien indicated that she is not the only one responsible for helping people at the window and said all staff members do so, including Ms. Bender. Ms. Lien questioned who had determined that her actions were antagonistic. She then said she was not doing anything anyway and said she felt it necessary to help the Committee Member for a few minutes rather than refuse to help him so he had to completely start over with the project. Ms. Lien then noted that she was written up for calling in sick on the day before the Fete des Lacs festival. She then reminded Council that staff was directed not to do anything for the Committees; which would include the Fete des Lacs. Ms. Lien told Council Member Nelson that, if she saw her riding her motorcycle that afternoon, she was feeling better. She then indicated that she has the right to call in sick. Ms. Lien clarified that she had never said Council was a joke she had said the way the office is running was a joke. She then invited Council to review the videotape for verification of her comments. Ms. Lien asked Council why everything Ms. Bender says is true and she is not given an opportunity to give her version of the truth. She then asked if any Council Members had witnessed any insubordination. Council Member Nelson indicated that she had witnessed Ms. Lien being insubordinate. Ms. Lien explained that the "ranting and raving" that she did when she was fired was her way of expressing shock and concern because she was not warned of the action. She then questioned why there was no reprimand. She indicated she did not know what it meant as she was told she was terminated not placed on administrative leave. Page 12 of29 Ms. Lien indicated that, when she was fired, she was very upset and was not sure what she was fired for. She stated she felt she was treated like a criminal when she did nothing wrong. She asked why she was asked to leave her keys when she was technically on administrative leave. She then explained that she was so upset that she grabbed some of her stuff and ran out the door and completely forgot to leave her keys. She further explained that after she calmed down she remembered she needed to get the rest of her things and went back for them. She then noted that later that day the locks were changed. Ms. Lien said she did not agree with anything written in the letter and stated she felt she was wrongfully terminated. Ms. Lien then read a thank you note she had received for helping with the garage sale and another thank you note given for appreciation of her good work. She noted she had received a letter on July 17, 2001 offering her full time work. She then indicated she felt she should have been able to follow the wheels park to completion. Ms. Lien indicated that Ms. Bender had come into her area and witnessed the Committee Member and her talking and waited until after he left to say she could no longer do anything for Parks and Recreation and take the things away from her. She then noted that since staff was directed not to work for Parks and Recreation Ms. Bender has been doing so. Ms. Lien indicated that when she was fired she asked to see her personnel file. She indicated she was told to put her request in writing and when she did so she was told it would take a couple days to prepare it. She then indicated that the City's own policy and the Data Practices Act require that the information be made available upon request. Ms. Lien asked why she was not invited to the executive session where her termination was discussed. She also asked why the meeting was not posted in the vestibule or noticed in the paper. She then asked whether her termination was a unanimous decision. She further noted that Council is legally required to put its motions in the minutes of the meeting and to indicate the votes. Ms. Lien again asked if the decision was a unanimous decision. She then noted that Council needs to put the information into its minutes. She then said she would like a copy of the minutes when they are amended and stated that she would like her job back. Ms. Lien stated that, at the meeting, she had indicated it takes her 10 to 15 hours to prepare minutes while being interrupted by all the day to day tasks and, that in her opinion, it would take a committee member who has never done them 20 hours. She then stated that somehow the information was misconstrued that she spends 20 to 30 hours a week working for Parks and Recreation. She then clarified that Council has incorrect information and said she spends 50 to 60 hours per month on Parks and Recreation. Page 13 of 29 Ms. Lien indicated that she feels her termination was totally unjustified as staff was told they could come to Council with any concerns and she was punished for doing so. Ms. Lien told Council that people have asked her why she would want to come back to work for the City. She then indicated she wants her job back because she loves her job, she is good at her job, and because she does not feel she deserved to be fired. She further stated she did work above and beyond what she was being asked to do and was punished for it. She also stated that Mr. March had encouraged her to do work for Parks and Recreation. She went on to state that it is a matter of principal, right and wrong, ethics and justice. . Mayor Swedberg thanked Ms. Lien for her comments. There was a brief recess to allow the videotape to be changed at 9:05 p.m. Ms. Buckbee, 7381 Peltier Circle, indicated she took exception to Council violating the open meeting law. She then indicated that an executive session requires posting three days prior to the meeting. She also noted that when Council adjourned to go to the executive session it is required to state the reason why the meeting is being closed and that was not done. Ms. Buckbee also indicated that the minutes need to show motions made and a vote on those motions. She then indicated that holding a meeting is the most civic duty there is and it is inappropriate to go behind closed doors or e-mail each other back and forth. Ms. Buckbee then asked for a copy of the documentation used to determine that Ms. Lien should be terminated. City Attorney Hoeft indicated that whether the City Council violated the open meeting law will be determined at another time. He then stated that, if Ms. Buckbee's request is made in writing, the information would be made available to her. Ms. Buckbee indicated she wanted to see the information Council based its decision on. City Attorney Hoeft told her to read the letter he had submitted to Ms. Lien's attorney. Ms. Buckbee indicated that Mr. Hoeft's letter was drafted after the special Council meeting where it was determined that Ms. Lien should be terminated. She then indicated that she wanted the information that Council used to make its decision at that meeting. City Attorney Hoeft indicated he understood her request. Ms. Buckbee asked ifthere was any information at that meeting. City Attorney Hoeft indicated he used information to create his letter. Page 14 of29 Ms. Buckbee asked why a resident was denied a request for that information when they came to City Hall. City Attorney Hoeft indicated he understood her request. Ms. Buckbee asked if she needed to file a complaint with the Court of Appeals. City Attorney Hoeft indicated that was not relevant to the matter at hand. Ms. Buckbee stated she felt it was very relevant as Council cannot violate the open meeting law. She then said that Council is supposed to be running the City for the residents not for themselves. Mayor Swedberg noted Council is relying on the advice of its counsel. Ms. Buckbee stated that the most important thing for Council to know is the rules of the open meeting laws. Chris Lien, Jill Lien's husband, indicated that it seems there is some awful dirty or shady business going on at City Hall. He stated he was with Jill when she asked for more work from Council and then listened as Council approved the hiring of a temporary worker. He noted she was out for one week on medical leave and one week on vacation and when she returned she was fired. He then asked if Mayor Swedberg knew the termination was commg. Mr. Lien indicated that Ms. Bender was at the meeting where Jill was fired but has not been at any other meeting. He then stated he feels Council Members got their egos "busted" and it "pissed them off'. He further stated he feels Council has no reason to fire her as there was no insubordination. Mr. Lien questioned why no information was provided to their attorney until the day before this meeting. He then stated that the Council has a responsibility to serve the City. He further stated that Council has broken several laws and then asked Council Members if they were comfortable running the City that way and living that way. Ms. Deb Nelson, 7164 Mill Road, indicated that it appears to her that there was a conflict with people at City Hall. She then suggested that somebody went too far and it appears to her that, in order to save taxpayer dollars, Council should correct the situation. She then urged Council to fix it and fix it quick before it gets worse. Mr. Tom Cannon, 1818 Hayfield Road, indicated that he is proud to tell residents that his neighbor was instrumental in bringing the skate park to the City. He then stated that he feels there are small town politics involved and he feels that Ms. Lien should be given her job back. Ms. Deb Nelson commented she would like to ban outside smoking on taxpayer dollars. Page 15 of29 Mr. Tom Wilharber, 6849 Centerville Road, indicated that Ms. Lien came to work for the City in March of 1997 and he was mayor at that time. He then said that, as mayor he used to stop in quite a bit and could observe the employees as they assisted residents. He further stated that if an employee was not doing well residents would call him and he never had a complaint about Jill. Mr. Wilharber indicated that Mr. March would have talked to him if he was concerned and he never brought any complaints to his attention. He then indicated that Ms. Bender does help residents at the window as well. He further indicated that from March of 1997 until he left office in December of 2000 he did not receive any complaints concerning Ms. Lien and said it seems funny to him that all of the sudden now that Mr. March is gone there would be a problem. Council Member Capra indicated she would like to submit a letter from a resident that could not be at the meeting. Mr. Hoeft reviewed the letter and indicated that Mayor Swedberg could read it into the record. Mayor Swedberg read a letter from Theresa Brenner. It read as follows: Dear Honorable Mayor and Council Members, I am writing to support your decision to terminate employment with Jill Lien. Since Ms. Lien has chosen to appeal this decision in an open meeting, I would like to state why I think it is an appropriate decision. Ms. Lien was previously involved in a serious incident of misconduct as a City employee. I was a Council member when the incident occurred in September 1998. The incident involved a verbal and physical altercation with another staff member at City Hall during office hours. For her part in the incident, Ms. Lien was suspended without pay for one week and placed on disciplinary probation. The City attorney, Mr. Hoeft, can verify this and provide more information. I believe the Council that I was on was very generous in giving Ms. Lien a second chance. That's why I'm so disappointed to see she has been disruptive and disrespectful again. It would set a bad example for her to remain and risk continued disruption of City operations, especially with a new administrator. I think you made a good decision and should not change it. Sincerely, Page 16 of29 Theresa Brenner Ms. Lien asked for permission to respond to the letter. Ms. Lien noted that she was surprised that Ms. Brenner would bring up the matter when the altercation was directly related to her. She then explained that another City employee had yelled and berated her because she did not tell Ms. Brenner that she could not use the postage meter for the type of mail she was running through it. Ms. Lien indicated that when she told this other employee that it was not her place to correct a Council Member the employee pushed her and forced her to defend herself. She then indicated that the other employee involved was terminated and she was given suspension which she did not contest because she was happy that the other employee would not longer be a problem at the office. Ms. Lien stated she feels she is a good employee and said she does not know why she has to continue to defend herself. She then noted that the letter of reprimand should have been removed from her file. Mr. Corwin stated that it is typical of Council to request that only relevant matters be discussed at this hearing and then, without advance notice, provide a letter from a resident concerning a past issue. He further stated that the past matter is completely irrelevant and was not considered when she was terminated. Mayor Swedberg questioned whether, if a citizen wants to bring information before Council in an open session, Council can refuse to accept the information. City Attorney Hoeft indicated that Council may accept the information. Mayor Swedberg asked if anyone had anything new to share with Council. Ms. Buckbee of 7381 Peltier Circle indicated that she feels Ms. Brenner's letter is sour grapes and noted that, if Council reviewed the minutes from the meeting where Council voted on discipline for the actions in 1998, Ms. Brenner was in support of the actions. She then noted that Ms. Brenner had not voted at that time to terminate Ms. Lien's employment and said she feels it is inappropriate to bring it up now. Ms. Buckbee stated she felt Ms. Lien was very disciplined and modified her behavior and noted there were no other instances of insubordination as is outlined in the personnel policy. Ms. Deb Nelson stated she felt the letter was written by Ms. Brenner because she has a personal issue with Ms. Lien which is irrelevant to the present matter. Page 17 of29 . . , City Attorney Hoeft indicated that later in the agenda the Council would recess to the executive session. Council Member Broussard Vickers inquired as to whether the executive session would be open or closed. Mr. Corwin indicated that, if Council recesses to a closed session to vote, they would be knowingly violating the opening meeting law. He further stated that he would sue the City and each individual Council Member because they would be libel. Council Member Broussard Vickers indicated she would like to research the information received from Mr. Corwin concerning violation of the open meeting laws. She then indicated that she was not comfortable making a decision at this meeting. Mr. Corwin indicated that a written request for data was submitted and that request was refused. Mayor Swedberg told Mr. Corwin that Council had heard his opinion on the matter and was aware of his concern. Mr. Corwin told Council that proceeding to an executive session for a vote would make it an intentional act because Council has been made aware that it is illegal to do so. Mayor Swedberg indicated that Council relies upon its counsel and accepts his advice because they are not attorneys. He then indicated that Mr. Hoeft and Mr. Corwin appear to have a difference of opinion as to how the law reads. VI. CONSIDERATION OF MINUTES 1. August 22, 2001 Council Meeting Minutes Council Member Nelson requested the following changes: On Page 5 of 10 please change the reference from "he" to "she". Council Member Capra requested the following changes: On Page 2 of 10 indicate that Mr. Brainard put up barricade in the cul-de-sac near his home. On Page 5 of 10 change the word "account" to "amount". On Page 9 of 10 indicate that the EDC had requested a letter of support from Council. Council Member Broussard Vickers indicated that Council recessed to an executive session at 8:10 p.m. and requested that the minutes be amended to show that. City Attorney Hoeft confirmed that Council did not adjourn at 8:10 but went into an executive session. Page 18 of29 . ' , Council Member Broussard Vickers indicated that she had made the motion to adjourn and Council Member Travis had seconded the motion. She then noted that Council reconvened at 9:15 and adjourned the meeting at 9:16 p.m. Motion bv Council Member Nelson. seconded bv Council Member Capra to approve the AUl!ust 22. 2001 Council Minutes as amended. All in favor. Motion carried unanimouslv. 2. August 22. 2001 Executive Session Meeting Minutes Council Member Nelson indicated she had agreed to do minutes for the executive session and then distributed the minutes to Council. She then noted that Council had not reviewed the minutes and further noted that an unapproved copy had been given to Ms. Lien. City Attorney Hoeft asked that Council not approve the minutes because they would be involved in the discussion later. Motion bv Council Member Nelson. seconded bv Council Member Capra to table the approval of the AUl!ust 22. 2001 Executive Session Council Minutes. All in favor. Motion carried unanimouslv. VII. PETITIONS AND COMPLAINTS None. VIII. OLD BUSINESS 1. Ground Develooment (Pheasant Marsh Final Plat) Council Member Travis indicated Council had received a marked up copy of the development agreement that did not have numbers. City Attorney Hoeft indicated that Council would not be approving the development agreement at this meeting and explained that the preliminary numbers would be explained later in the meeting. Mr. Hannah indicated that he and the City have been working on the developer's agreement and they were informed late in the day of the numbers the City wants to use for private improvements. He then indicated that his owner wants to have a chance to look at the numbers before agreeing to them. City Attorney Hoeft reviewed the developer's agreement with Council and indicated that one of the issues Council needed to consider is whether it wants to require the 150% Page 19 of29 . ' , retainage in the contract as the developer's attorney has indicated they would prefer a 110% retainage. Mr. Hannah indicated he was concerned with the completion date of December 31,2002 as he is not sure it is realistic to have all the lots sold and all the improvements made by that date. He then indicated they would like the City to consider moving it out as much as a year especially considering they would not be starting to market or sell houses until Spring. Mr. Hannah indicated that he had received a minor change from Ms. Bender on Page 3 which he read for Council. He noted the language had to do with the builder being allowed to construct model homes without having to have the bituminous in on the roadway. City Attorney Hoeft indicated the language for that had come from the City Engineer and said he did not have an issue with it. City Attorney Hoeft indicated there is a new state statute that has come into effect that says that a developer can be required by the City to waive the right to appeal the special assessment. He then indicated that the City needs to set a number for the assessment in the developer's agreement and suggested using the number from the feasibility study. City Attorney Hoeft indicated that the City Engineer has indicated that an adequate contingency has been built into the feasibility number making it very unlikely that the amount would exceed the feasibility study number. Mr. Hannah indicated there had been a suggested change to Page 6. City Attorney Hoeft indicated the suggested language had come from the City Engineer and indicated he had no problem with it. City Attorney Hoeft questioned whether the developer was being asked to pay a straight park dedication fee and said he did not have numbers for that. Mr. Hannah indicated that the numbers were 22 lots at $1,800 per lot. Council Member Broussard Vickers noted the park dedication fee may be raised at the January meeting and asked if the numbers for the park dedication fee should be determined after the increase. City Attorney Hoeft indicated that the park dedication fee at the time of approval of the developer's agreement would need to be used. City Attorney Hoeft inquired as to whether the storm water fee had been calculated. Mr. Palzer indicated that they had. Page 20 of 29 . I , Council Member Broussard Vickers questioned whether there was a provision in the agreement to assure that all required actions of the developer will be completed. She then noted that in previous developments there have been problems getting the developer to complete the projects. City Attorney Hoeft indicated that the retainage amount is held to ensure that, if the developer does not complete the project, the City has money to have the work completed. He then indicated that, in the past, the retainage has been reduced too quickly and the closer to the end of the project the fewer funds that are available. Council Member Broussard Vickers inquired as to whether there was a provision in the agreement calling for an inspection of the final grade in order to assure there would not be any drainage issues. She then noted that, in the past, final inspection of grade has not been done and has resulted in drainage issues. City Attorney Hoeft indicated that there is a provision in the agreement to cover the final inspection of grade. Mr. Peterson indicated that bids were opened for the utility and street improvement project on September 11, 2001. He then indicated that the low bid of $726,615.90 was submitted by Park Construction Company. Mr. Peterson then indicated that, since the bid of Park Construction Company was within 4% of his estimate he recommended awarding the bid to them. Motion bv Council Member Nelson. seconded bv Council Member Travis to award the bid for utility and street improvement to Park Construction Companv with a bid of $726.615.90. All in favor. Motion carried unanimouslv. 2. Search Process and Plan for the Vacant City Administrator Position (Update) Council Member Nelson indicated she had received from Sathe Executive Search a schedule for the interviews for the City Administrator position. She then explained that Sathe Executive Search had requested that Council ask each candidate the same questions and then provided Council with a copy of the sample questions. Council Member Nelson indicated that the interviews would be held at City Hall and at the church school room at St. Genevieve. Mr. Wilharber suggested using the fire hall training rooms because they are much closer to City Hall. Council Member Nelson indicated she would check to see if they could use the fire hall training room. Ms. Buckbee reminded Council that the interviews needed to be posted. Page 21 of29 . ' , Ms. Buckbee noted the meeting was not posted in the vestibule. 3. Rain Water Gardens City Engineer Peterson indicated that there were grant programs available to fund the rain gardens and suggested that Council investigate the matter. Council Member Capra indicated she had spoken to Mike the intern and he indicated he would be willing to research obtaining the grants. 4. Turcotte Propertv (Update) Council Member Capra asked if the City would attempt to sell the property. Mr. Palzer indicated that he had requested quotes for moving the house. 5. Quad Cities Police Update Mayor Swedberg noted that the City has been invited to participate in meetings to discuss the Quad Cities Police Force. He then noted he would be able to attend the meeting on September 13, 2001 and asked that another Council Member volunteer to attend the meeting on September 17, 2001 as he is unavailable. Council Member Capra noted that Lino Lakes and Circle Pines have decided not to attend the meetings. Mayor Swedberg indicated he feels Centerville should have a representative at the meetings in order to keep the City informed and to provide information for the City to base a decision on. Council Member Capra noted that Circle Pines and Lino Lakes have elected not to participate in the meeting because those cities feel it is the responsibility of elected officials to decide how to best distribute services to their citizens not the police commISSIOn. Council Member Nelson agreed that she would rather have Council make the decisions not the police commission. 6. Wheels Park Pay Phone Mayor Swedberg indicated Council had received a letter from the Police Chief recommending that Council not put a pay phone at the wheels park. Council Member Broussard Vickers indicated that the Parks and Recreation Committee had discussed the matter and respectfully request that Council reconsider the pay phone request as the Committee feels it is necessary. Page 22 of 29 ) (I , Council Member Capra indicated that Mr. Lee, from the Parks and Recreation Committee, had asked her if it was possible to check to see if other cities have payphones in their parks. She then noted she had discovered that Vadnais Heights has phones in a lot of their parks and have had only limited reports of vandalism or problems. Council Member Broussard Vickers suggested putting the phone in the park and monitoring to see if there are issues. She then suggested that if there are too many problems with the phone it can be removed. She further noted that due to other problems with the wheels park the City is considering shutting it down. Council Member Broussard Vickers explained that there are a few individuals causing problems at the park by not allowing younger children to play, there was a graffiti incident, and concern for behavior in the penalty box. She further noted that the Parks and Recreation Committee is very disappointed in the behavior of these individuals and has said that if the behaviors continue the park will be closed. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to approve installation of a pavphone at the wheels park. Aves - 4. Navs - HTravis). Motion carried. Mayor Swedberg noted he had spoken to the Community Service Officer who suggested it may be appropriate to hire an attendant to monitor behavior at the wheels park. Officer Bernardi indicated that over time the police would figure out how to handle the wheels park. He then indicated that the police have had issues with a couple of individuals that have been identified and steps are being taken to remove those individuals from the park through the court system. Mayor Swedberg asked whether an identification bracelet or an armband would assist officers. Officer Bernardi indicated that over time it will sort itself out. He then indicated that the Community Service Officer from Lino Lakes is down at the wheels park quite often and has said when he is there he has no problems but when an adult is not present there are Issues. Mr. Wilharber indicated that the City has hired attendants to monitor behavior at its skating rinks and suggested the City do so for the wheels park. He then indicated that he walks his dog down there and noted that when there is an adult in the area the behaviors stop but as soon as the adult leaves it starts up again. He also expressed concern for the hours at the wheels park suggesting that kids are there late and then walking or skating home in the dark. Council Member Broussard Vickers indicated that the City will need to do something and then said the Parks and Recreation Committee would like to wait and see how things go Page 23 of 29 .,- !. I in the next few weeks because it is almost time to bring the equipment in to prepare for Winter. Council Member Capra asked at what point the equipment would be removed from the park. Mr. Palzer indicated he intended to have the equipment removed from the park in the middle of October. Council Member Broussard Vickers noted the City could pull the equipment at anytime if the situation warrants. Jim Kline of7162 Miller Road suggested waiting it out and hoping the behavior mitigates because he feels that closing the skate park gives those with the behavior issues the power they are looking for. Aves - 4. Navs -l(Travis). Motion carried. IX. NEW BUSINESS 1. Resolution 01-016 Proclaiming the Month of October 2001 Domestic Violence Awareness Month Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to waive the readinl! and approve Resolution 01-016 as presented. All in favor. Motion carried unanimously. 2. Resolution 01-017 Adopting 2001 Tax Levy. Collectible in 2002 and Proposed 2002 Budget. Mayor Swedberg read Resolution 01-017 because it had been slightly amended. He then noted that state law requires that cities set a proposed levy limit. Council Member Broussard Vickers asked why the language in the Resolution was changed and noted she preferred the way it was written at first. Council Member Nelson indicated she liked the change to the Resolution as it clarifies the new state requirements. Motion bv Council Member Travis. seconded bv Council Member Nelson to approve Resolution 01-017 as presented. Aves - 4. Navs - l(Broussard Vickers). Motion carried. Mr. Wilharber acknowledged that the budget received was a preliminary budget but expressed concern for the significant increase in expenditures. He then indicated he would like to see clarification of some of the items. Page 24 of 29 i I J . Mayor Swedberg indicated that the numbers are preliminary and would be finalized later in the process. Mr. Wilharber questioned whether the City intended to hire another individual in public works. He also noted that the Police Chiefs vision budget was not included and further noted that by working through various programs the City would be able to obtain two more officers and a Community Service Officer for only $14,000. Mayor Swedberg indicated that he would check to make sure that the City had the correct information submitted by the Police Chief. He then indicated that there was nothing concrete about the budget numbers. Mr. Wilharber indicated that, in his experience, once the numbers are established the City normally does not back off too much and right now the City is looking at a tremendous increase to taxpayers. 3. Ad Hoc Communications Commission Request Council Member Broussard Vickers indicated that she did not wish to hear any more requests for the budget until after the budget work session. Motion bv Council Member Nelson. seconded bv Council Member Broussard Vickers to table the Ad Hoc Communications Commission Request. All in favor. Motion carried unanimouslv. 4. Keys to City Hall Council Member Nelson indicated that Ms. Bender has asked Council to determine which employees should have keys to City Hall. She then noted that, in the past, staff has had keys to the front door and the office door, public works has had a master key to all doors, and Committee Members have had the key to the front door only. Council Members Broussard Vickers and Travis indicated they did not need a key to City Hall. Ms. Buckbee reminded Council that staff is no longer allowed to attend committee meetings. It was the consent of Council to offer keys to staff members, and the chairs of the EDC, Parks and Recreation, and Fete des Lacs Committees. Council also agreed by consent to provide public works with a master key. Page 25 of 29 .. ' . . 5. Officer Gleason Request to Use City Hall for Training Session It was the consent of Council to allow Officer Gleason to use City Hall for a training program on September 22,2001. X. CONSENT AGENDA 1. The City ofCenterville August 9, through August 22,2001 Expenditures. 2. Centennial Fire District Expenditures 3. Pay Request #2 - LaMotte Park ($61,189.27) 4. Final Pay Request - Lift Station #2 ($8,500.29) 5. SunRamp Solutions, Inc - Wheels Park ($12,952.20 6. Earl F. Anderson, Inc. - Wheels Park ($26,222.88) 7. Sathe & Associates Executive Search - Administrator ($5,698.37) Council Member Travis requested that Item 3 be removed from the Consent Agenda for discussion. Motion bv Council Member Nelson. seconded bv Council Member Capra to approve Consent Al!enda Items 1. 2. 4. 5. 6. and 7 as presented. All in favor. Motion carried unanimouslv. Council Member Travis indicated he was concerned that the costs for the project were much higher than the estimate. He then asked if it was possible to renegotiate the unit price because the costs were more than 5% over the estimate. Mr. Peterson indicated he was not sure but said he could research the matter. Council Member Broussard Vickers asked if the City would have recourse against the prior engineer because the soil was not as it was expected to be. Mr. Peterson explained that there was an excessive layer of clay that had to be removed that was thicker than expected. He then indicated he did not think the City would have recourse against the former engineer because the City was having trouble in that area and dug it and filled it with sand and put the clay back. Council Member Broussard Vickers asked the City Attorney if the City could renegotiate the unit price. City Attorney Hoeft indicated he would need to review the contract. Motion bv Council Member Nelson. seconded bv Council Member Capra to table pay request #2. LaMotte Park for further research. An in favor. Motion carried unanimouslv. Mayor Swedberg was not present for the vote. Page 26 of29 .. I j' . XI. COMMITTEE REPORTS Council Member Broussard Vickers reported that the Planning and Zoning Committee intended to review several proposed changes to Ordinance 4 at its next meeting. Council Member Broussard Vickers reported that the Parks and Recreation Committee is concerned about its budget and the wheels park. Council Member Capra reported that the Shea Architect Group will be meeting collaboratively with the EDC, Planning and Zoning, and Parks and Recreation Committees on September 18, 2001 with regard to the commercial property out by the interstate. XII. PUBLIC WORKS DIRECTOR'S REPORT/CLERK/TREASURER'S REPORT Mr. Palzer reported that the pump at Well Number 1 was hit by lightning but has been replaced. He also noted that public works has adjusted the phases today because it was pulling too many amps and said he hopes to have it up and running by the end of the week. Mayor Swedberg indicated there was a letter from a resident in the packet requesting a vacation of a road. Council Member Capra indicated the letter was in Council packets for information purposes and noted that the matter would be before Planning and Zoning before coming to Council. Mr. Palzer indicated that the resident wanted the City to vacate the road in front of his garage and give it to him. He then noted that if the City were to vacate the road half of the roadway would be given to him and half to the adjoining property owner. Mr. Hoeft indicated there is a specific statutory procedure to follow. Mr. Palzer indicated that the resident has indicated that he wishes to receive the majority of the property if the City vacates the roadway and has said he may not want it vacated if he would only receive half as he would not be able to access his garage. Mr. Hoeft suggested that Mr. Palzer discuss the matter with the resident and explain to him what would happen if the City vacated the roadway. Mr. Palzer indicated that the other property owner has expressed an interest in vacating the property and receiving half. Mayor Swedberg indicated Council would be recessing to the closed session. Motion bv Council Member Nelson. seconded bv Council Member Capra to recess to the executive session. Page 27 of 29 ...~,. . v Council Member Travis asked if Council needed to state why it was going into closed seSSIOn. Mr. Hoeft indicated that Council would be gomg into closed seSSIOn to discuss information provided by Ms. Lien. Council Member Broussard Vickers noted that Ms. Lien's attorney had indicated that she was denied her Laudermill hearing and asked City Attorney Hoeft if this meeting was that hearing. City Attorney Hoeft indicated that it was. Mr. Hoeft indicated that Council would be discussing Ms. Lien's employment with the City. Council Member Capra asked if Council needed to indicate it would be discussing the minutes from the executive session on August 22, 2001. Mr. Hoeft indicated that Council would be discussing Ms. Lien's employment with the City. Mr. Kline asked Council to move carefully on this matter because, even if Council were to win, it would be at great expense to the taxpayer. He then stated that, from a citizen's point of view, he feels she was wronged. Aves - 4. Navs -1 (Broussard Vickers). Motion carried. Council recessed to the executive session at 10:55 p.m. Mayor Swedberg called the meeting to order at 11 :00 p.m. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Mari Nelson Council Member Linda Broussard Vickers STAFF: City Attorney, Jim Hoeft Discussion was conducted regarding the work performance of Ms. Lien and the information from the appeal process during the regular Council Meeting previously. Mayor Swedberg closed the meeting at 12:25 a.m., Thursday, September 13, 2001. Motion bv Council Member Broussard Vickers. seconded bv Council Member Travis to reconvene the rel!ularlv scheduled Council meetinl! of September 12. 2001 from an executive session of the same date. All in favor. Motion carried unanimously. Page 28 of 29 .A i.."1I /<It Motion by Council Member Capra. seconded by Council Member Travis to approve the Executive Minutes of AUl!ust 22. 20Ot. Executive Session as corrected. All in favor. Motion carried unanimously. Council Member Broussard Vickers requested a copy of the approved minutes of the August 22, 2001 executive session be provided to Ms. Lien the following day. Motion by Council Member Nelson. seconded by Mayor Swedberl! to terminate Ms. Lien's employment with the City effective immediately. All in favor. Aye - 3. (Mayor Swedberl!. Council Members Capra and Nelson). Nay - 2. (Council Members Broussard Vickers and Travis) Motion carried. XIII. ADJOURNMENT Motion by Council Member Broussard Vickers. seconded by Council Member Travis to adiourn the September 13. 2001 City Council Meetinl! at 12:45 a.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 29 of 29 I Not Approved OFFICIAL PROCEEDING CENTERVILLE CITY COUNCIL EXECUTIVE SESSION SEPTEMBER 12, 2001 Present: Mayor Tim Swedberg Council Member Dick Travis Council Member Mari Nelson Council Member Linda Broussard Vickers Council Member Mary Capra Staff: James Hoeft - Garna, Guzy, Steffen, Ltd Mayor Swedberg called the meeting to order at p.m. Discussion was conducted regarding the work performance of Ms. Jill Lien and the information from the appeal process during the regular Council Meeting earlier. Mayor Swedberg closed the meeting at 12:45 a. m. I Not Approved CITY OF CENTERVlllE (RECONVENED) CITY COUNCIL MEETING September 12, 2001 6:30 p.m. Present: Mayor Tim Swedberg Council Member Dick Travis Council Member Mari Nelson Council Member Linda Broussard Vickers Council Member Mary Capra Staff: James Hoeft - Garna, Guzy, Steffen, Ltd At 12:27 a.m. (September 13, 2001) Council Member Brossard Vickers made a motion to reconvene the regularly scheduled meeting of September 12, 2001 from an executive session of same date. Motion seconded by Council Member Travis. All in favor. Motion passed. A motion was made by Council Member Capra to approve the Executive Minutes of August 22, 2001, Executive Session as corrected. Motion seconded by Council Member Travis. All in favor. Motion passed. Council Member Brossard Vickers requested a copy of the approved minutes for the August 22,2001 executive session minutes be prepared for Ms. Lien tomorrow. A motion was made by Council Member Nelson to termination Ms. Lien's employment with the City effective immediately. Motion seconded by Mayor Swedberg. Vote 3-2. (Mayor Swedberg and Council Members Nelson and Capra vote yes. Council Members Broussard Vickers and Travis voted nay) Motion carried. A motion to was made to adjourned by Council Member Brossard Vickers. Motion seconded by Council Member Travis. All in favor. Motion passed. Mayor Swedberg adjourned the meeting at 12:45 a.m. EXECUTIVE SESSION Wednesday, September 26,2001 9:42 PM RECESSED TO EXECUTIVE SESSION TO DISCUSS THREATENED LITIGATION BY MR. KEN COOK Discussion ensued regarding Ken Cook's medical insurance premium reimbursement. 10:16 PM CLOSED EXECUTIVE SESSION 10:16 PM RECONVENED REGULAR COUNCIL MEETING No further discussion. No action taken. 10:16 PM MOTION BY LINDA BROUSSARD TO ADJOURN, SECONDED BY MARY CAPRA. MOTION CARRIED UNANIMOUSLY. CITY OF CENTERVILLE CITY COUNCIL MEETING SEPTEMBER 26, 2001 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on September 26, 2001, at City Hall, 1880 Main Street. Council Member Linda Broussard ... . r@ ABSENT: None. STAFF: Acting City Administrator/Theresa Bender City Engineer, Tom Peterson City Attorney, Jim Hoeft I. CALL TO ORDER Mayor Swedberg called the September 26,2001, City Council meeting to order at 6:30 p.m. II. SET AGENDA Council Member Capra requested that discussion concerning the Budget/Deferred CompensationlUnion Contract be added under new business. Council Member Nelson requested that discussion concerning the vacant receptionist be added under new business. Council Member Nelson questioned whether the acceptance of the resignation of Ray DeVine as Fete des Lacs Chair needed to be added to the agenda. Council Member Capra suggested it be discussed under committee reports. Motion by Council Member Nelson. seconded by Council Member Capra to approve the af!enda as amended. All in favor. Motion carried unanimously. III. PUBLIC HEARING (S) None. Page 1 of18 IV. APPEARANCES/AWARDS 1. Terry Hannah. Ground Development Terry Hannah of Ground Development at 7575 Golden Valley Road, Golden Valley addressed Council to discuss some issues concerning the Developer's Agreement. City Attorney Hoeft noted that the Developer's Agreement was not on the agenda for approval at this meeting and said that Mr. Hannah and the principal of Ground Development would like to make the Council aware of some issues Ground Development would like Council to take under advisement. Mr. Hannah noted that the Developer's Agreement covers only the first phase of construction as there will be a Developer's Agreement for each phase. He then indicated that Ground Development would prefer to be able to provide a bond for the private improvements rather than the letter of credit as required by the City. He further explained that a letter of credit limits Ground Development's ability to borrow and said the Company would prefer to use the bond. Mr. Hannah asked that, if the Council was set on requiring the letter of credit, the Council consider reducing the retainage amount from 150% to 125%. Mr. Hannah indicated that Ground Development is concerned, due to the late start on the project, that it would not be able to complete the private improvements by December 31, 2002. He then asked that Council consider extending the date to July 30,2003. Mr. Hannah indicated that Ground Development would like Council to use the $1,871,420 figure that was used in the waiver of rights and appeal previously signed by the Company. City Attorney Hoeft clarified that, at the last meeting, he had advised Council that it could use the dollar figure from the waiver previously signed or another dollar figure if it desired. He then indicated that he had been advised by the City Engineer that enough of a contingency had been built into the nwnber that both he and the City Engineer feel that using the dollar figure from the waiver should be sufficient. He further clarified that the Council could insert a higher dollar figure if it desired to do so. Council Member Capra asked whether Mr. Hannah was asking Council to reduce the dollar amount agreed to in the waiver. Mr. Hannah indicated that he would like Council to use the dollar figure used in the waiver. Council Member Broussard Vickers questioned what would happen if, during the other phases of construction, the $1.8 million is exceeded. City Attorney Hoeft explained that the dollar figure is for this Developer's Agreement only as there will be a separate Developer's Agreement for each phase of construction. Page 2 of 18 City Attorney Hoeft told Council he would have the Developer's Agreement ready for discussion and final approval at the next meeting. 2. Juran & Moodv (Pheasant Marsh) George Illertson of Juran & Moody addressed Council to explain that his company, due to the events of September 11, 2001, was left holding a $58 million dollar debt it had financed for a company out east that was put out of business on that day. He noted that it was not necessary for him to resign as financial advisor in order to purchase the bonds for Pheasant Marsh because his company was not in a position to purchase the bonds. He further explained that his company would facilitate the bond purchase for the City. Mr. Illertson told Council there would be a resolution for approval at the next meeting setting the sale of the bonds. Council Member Travis asked whether the City would need to switch financial advisors. Mr. Illertson indicated that would not be necessary as his company, if purchased, would still be Juran & Moody, a division of something (to be determined). Council Member Broussard Vickers clarified that it was the intent of Juran & Moody to buy the bonds and resell them but now there will be a sale facilitated by Juran & Moody. Mr. Illertson confirmed the explanation of Council Member Broussard Vickers. He then noted that the City is not expecting to see the first invoice on the project until mid- November which means there will be time to hold the sale and send it out to the underwriting community for purchase. Mr. Illertson noted the interest rates the City is looking at for thelO-year financing bond in the approximate amount of $990,000 would be 4.75 to 5%. Mayor Swedberg asked if the percentage was the same whether Juran & Moody bought the bonds or if they are sold publicly. Council Member Broussard Vickers indicated the interest rate is determined by the City's ability to pay back the bonds as opposed to Juran & Moody's financial rating. Mr. Illertson explained that the City is non-rated in the bonding community and suggested that the City should look into becoming rated for any future projects. Mr. Illertson indicated there was no Resolution setting the sale date and suggested Council could pass, in motion form, a sale date of October 10, 2001 and then describe the terms in a Resolution for approval at the next meeting. Council Member Broussard Vickers indicated that Council could pass a Resolution at the next meeting without jeopardizing the timeline. Page 3 of 18 City Attorney Hoeft indicated he would prefer the City set the sale date by Resolution at the next meeting. Mr. Illertson indicated that the first meeting in October would set the sale date and authorize going out for bids and at the second meeting receive financing bids. Mr. Hannah asked if Council would be dealing with the Resolution awarding the bid. Council Member Nelson indicated that was done by motion. City Attorney Hoeft clarified that a Resolution would need to be approved at this meeting. 3. Sathe Executive Search Mr. Sathe of Sathe Executive Search and his Associate came to the Council meeting to walk through the interview process and to review appropriate and inappropriate questions. Council Member Nelson explained that she and Sathe Executive Search had discussed the different categories of questions and then explained how it was determined which Council Member would ask what questions. Sathe Executive Search noted that each Council Member should ask the same questions to each candidate and then rate the candidates on a scale of 1 to 10. Council Member Nelson explained that Council will interview each candidate individually, rate the candidates on a scale of 1 to 10, and turn those rating sheets in to the Sathe Executive Search representative who will compile the results and provide them to Council prior to the open meeting part of the interview process. Sathe Executive Search explained that Council Members would have the ratings in front of them while conducting the open meeting questioning. He then indicated that each candidate should be rated on a scale of 1 to 10 on the open meeting questioning. Mayor Swedberg indicated he had general questions, such as, why do you feel you are qualified to be the city administrator, and asked if he could ask such questions. Sathe Executive Search indicated that the Mayor could ask that type of question provided he asked all the candidates the same question. Council Member Capra asked if she was allowed to take notes on the candidates. Sathe Executive Search indicated that Council Members could take notes and suggested that the ratings sheet be filled out in pencil because the ratings may change as the process goes along. Council Member Capra noted there was only one question in her category of long-term planning and asked if she could ask more. Sathe Executive Search indicated it was fine to ask more questions but asked that she be sure to ask the same question of all of the candidates. Page 4 of 18 Council Member Broussard Vickers asked other Council Members to write down the questions they had asked the candidates if they intended to vary from the suggested questions. Sathe Executive Search explained that, if Council cannot determine its number one candidate the day of the interviews, the top two or three can be invited back. Council Member Broussard Vickers questioned where the candidates would sit while waiting for their turn. Council Member Nelson noted the candidates would wait in the office area where refreshments would be served. Sathe Executive Search noted that four out of the five candidates would not be getting an offer from the City and told the Council Members that they needed to be careful with the questions that were asked of the candidates not only during the formal interview but in passing and casual conversation because something said could make a candidate feel as though they were denied the position due to an answer to a question asked. He then clarified that it was fine to ask the candidates to tell the Council Member about themselves but suggested staying away from all of the personal information contained in Title 7 which is the law protecting people from discrimination based on sex, race, religion, marital status, etc. Council Member Nelson asked if she could ask the candidates where they intended to live. Mr. Sathe indicated that the question is not illegal but suggested that Council should stay away from asking it because a candidate could construe that they were not offered the position based on how they answered the question. Sathe Executive Search indicated that all of the candidates had indicated to them that they intended to live outside of Centerville. Council Member Nelson asked if she was allowed to question any gaps in employment based on the candidates resume. Mr. Sathe indicated that all employment related questions were allowed. Mayor Swedberg asked if he could ask unique questions to the person based on the resumes. Mr. Sathe indicated that it was permissible to do so. Mr. Sathe noted that, in the end, there were five things Council would measure to help determine the candidate to choose. He then indicated that those five things were, why the candidate is interested or interest level, long term goals, subject matter - skills and experiences, compensation, and chemistry. He further noted that, in the end, Council would go with whom it liked. Council Member Broussard Vickers indicated that there had been a lot of job changing for most of the candidates and asked if that was common in the industry. Mr. Sathe indicated it is getting more and more common. Page 5 of 18 Council Member Broussard Vickers commented that getting someone who stays two years would be a long time based on the statistics for job changes in the industry. Council Member Nelson commented that she thinks the City should be able to expect the candidate to stay at least five years. Council Member Capra commented that she would think a maximum of three years is all a candidate would give to the City. Mr. Sathe reviewed with Council ways to phrase questions to eliminate yes and no answers. Council Member Nelson asked whether Ms. Bender had any questions or comments concerning the interview process. Ms. Bender asked how the process would work. Council Member Nelson explained that Ms. Bender would open the offices and help facilitate the interviews. Sathe Executive Search asked that Council review the interview questions and be prepared for the interviews. He then commented that Council Member Nelson had been extraordinary to work with and had been a wonderful resource for Sathe Executive Search during this process. Council Member Nelson commented that she was excited for the interviews. V. CONSIDERATION OF MINUTES 1. September 12. 2001 Council Meeting Minutes Council Member Capra requested the following changes: On page 25 add to the last paragraph the chairs of EDC, Park and Recreation, Planning and Zoning and Fete des Lacs. On Page 28 indicated that the time was 12:25 a.m. on Thursday, September 13, 2001. On Page 29 indicate that adjournment was on September 13, 2001. Council Member Nelson requested the following change: On Page 9, change the title of V as there was no executive session due to the request to have the meeting open. On Page 10, Paragraph 3, add "or on the flip side extol the virtue of Ms. Lien". On Page 16, Paragraph 2, last sentence, replace ''the'' with "a". Council Member Broussard Vickers requested the following change: On Page 2, Paragraph 4 indicate that Park and Recreation had discussed the trail not Planning and Zoning. On Page 25, under Ad Hoc request change her comment to indicate that she did not wish to hear any more requests for the budget until after the budget work session. Motion bv Council Member Capra. seconded bv Council Member Nelson to approve the September 12. 2001 Council Minutes as amended. All in favor. Motion carried unanimouslv. Page 6 of 18 VII. PETITIONS AND COMPLAINTS I. Mr. & Mrs. Moe. 7040 Brian Court Mayor Swedberg explained that Mrs. Moe had hit a water valve cover that then came up and did some damage to her new car. City Attorney Hoeft indicated that Mr. Palzer had contacted him to ask how the matter should be handled. He then explained that he had told Mr. Palzer that the City should submit an estimate to the City's insurance carrier and the insurance carrier will determine whether it is a covered item or not. Council Member Broussard Vickers indicated that she did not think the City should submit this claim as it is fairly small and insurance companies use all claims whether opened or closed without paying to determine how policies are renewed which could affect rates. City Attorney Hoeft indicated that the League of Minnesota Cities would research the matter without opening a claim or causing the City any problems with policy renewal. Mayor Swedberg directed Ms. Bender to contact the Moes to request a damage estimate and to contact the League of Minnesota Cities for advice on how to proceed. 2. Mr. Woiak. 6925 Centerville Road Mayor Swedberg indicated that Bonestroo is working with Mr. Woiak to resolve the Issue. Ms. Bender indicated that the contractors were at the property today and will reset the curb stop, replace grass and give a monetary value to the flowers that were not replaced. She then noted the repairs should be completed within a week. Council Member Broussard Vickers asked where the responsibility to restore the property lies to make sure things are put back as the property was tom up for an unacceptable amount of time. City Engineer Peterson indicated the responsibility lies with both his firm and City Staff. He then noted that Mr. Woiak has been difficult to please. VIII. OLD BUSINESS 1. Rain Water Gardens Council Member Capra reported that the intern is looking into a $50,000 grant for the water gardens. Page 7 of18 2. Mr. Keith Okan. Center Street Drainage City Engineer Peterson noted that the drainage issue covers a lot of area most of which is on private property, thereby limiting what the City can do with storm sewer. He then indicated that the best option is to run storm sewer at the same time the water main service is extended to Center Street. Council Member Nelson noted that Council had asked Mr. Peterson for a report as to what could be done for these people and their drainage issues. City Engineer Peterson suggested that the Pheasant Marsh development may help with drainage in the area. He then indicated that his suggestion would be to run sewer when the streets are reconstructed which may not happen for several years. Council Member Broussard Vickers clarified that there is no plan for water in the area at this point and said the City is not sure residents want City water. She then asked if a pond could be dug in the back yard. City Engineer Peterson noted the resident had started to dig a trench to collect water in the back yard and said that water could be routed to the west with his neighbor's permission. Council Member Broussard Vickers asked what the City's responsibility was with regard to fixing the water problem. City Attorney Hoeft indicated the City does not have a responsibility to fix the water problem. He then explained that the City would make a determination for storm water capacity and how to handle it as part of an overall plan for storm drains and ponding. He then noted that, if there is damage caused by the way the City has decided to allow the water to flow, the City would be responsible for damages caused. He further clarified the City is not required to do something but may wish to do so to help out the residents. Council Member Broussard Vickers questioned whether the residents were to give up trees to dig a pond if the pond would be useable. City Engineer Peterson explained that due to the ground water levels the pond would have no storage capacity and, therefore, would not do the residents any good. Council Member Capra asked if there was money in the sewer fund to help offset the costs to run sewer and water to the neighborhood. City Engineer Peterson indicated he felt the ponds in Pheasant Marsh would help with the water issues. Council Member Broussard Vickers asked whether it was possible to combine the sewer and water on Center Street with Phase II and Phase III of Pheasant Marsh to save money. City Engineer Peterson indicated that it was possible to combine the two projects to save money. Page 8 of18 Council Member Broussard Vickers noted that residents are still looking at 2006, if Council holds to the Comprehensive Plan, before they would receive sewer and water. Mayor Swedberg noted residents could petition the City for sewer and water on Center Street and the City would do a feasibility study for assessment numbers. Council Member Nelson indicated that she would respond to Mr. Okano City Attorney Hoeft clarified that it is not a good idea to have the City Engineer advising individuals as to how to solve the water problem on their own to the possible detriment of their neighbors. Council Member Broussard Vickers indicated that it would take a lot of money to solve the water issues on Center Street. She then indicated that all the residents would need to install draintiling in order to make sure all residents benefit from the sewer in the street. She further indicated that, if one resident spends the money on draintiling and his neighbor does not, that resident may still have a water issue after spending a lot of money. Council recessed at 8:42 p.m. Council reconvened at 8:48 p.m. 3. Ouad Cities Police Update Mayor Swedberg indicated the City had received a letter inviting Council to a meeting on October 22, 2001 concerning the Quad Cities Police Department Budget for 2002. He further indicated the letter had said that Centerville approved the budget for the Police Department which he does not remember doing. Council Member Broussard Vickers indicated that Council had approved a regular budget. Mayor Swedberg indicated there is a question as to whether the cities will support the suggested $50,000 increase to bring more officers to the police department. He further indicated that the first year costs are low but the amounts slowly increase. Mayor Swedberg noted that Council had approved a fire department budget not the police budget. He then indicated that Council had not acted on the budget because of the issue of increasing liability for vacations not accounted for as there have been no in depth discussions on the matter. Council Member Broussard Vickers stated she felt the City needed to attend the meeting but said Council should meet to discuss the budget so representatives of Council attending the October 22,2001 would know what the City can afford to contribute. Council Member Broussard Vickers questioned if it were possible that Centerville would have to pay for all three cities to get extra officers. Page 9 of 18 Ms. Bender indicated the letter says that Centerville and Circle Pines would share in the amount. Council Member Broussard Vickers noted that the letter said that Lexington would reconsider contributing if they were to get more officers. 4. Sheehy Property (update) Motion bv Council Member Capra. seconded bv Council Member Nelson to table the Sheehy Property matter and the Cedar Street matter. All in favor. Motion carried unanimouslv. 5. Cedar Street Park Propertv (update) This matter was tabled. 6. Baron and Moreland Properties (Update) City Attorney Hoeft noted that the last conversation he had with Ms. Baron was strained at best and said that Ms. Baron had said her attorney would contact him. He then indicated that no attorney has contacted him and said that there was a court date coming up. City Attorney Hoeft indicated that the Morelands did not attend the court hearing as was required. He then indicated that the City has the option to file a formal complaint or dismiss the matter. He further indicated that the formal complaint was signed approximately two weeks ago and he is awaiting a court date. 7. Turcotte Property (Update) Mayor Swedberg reported that someone had offered to buy the house for a dollar. Ms. Bender suggested holding out for more offers. Council Member Travis indicated he thinks there is a value for the house of more than a dollar and suggested waiting a couple of weeks to see if any more offers come in. 8. Laurie LaMotte Park Improvements Pay Estimate (tabled from previous meeting) City Engineer Peterson noted the pay estimate submitted was for the 150 yards as the City will negotiate the price for the other 100 yards. Council Member Broussard Vickers asked if the City is paying $100 per yard. City Engineer Peterson indicated the City is paying $100 per yard for 150 yards as there is no option to negotiate anything under 150 yards. Page 10 of18 9. Ad Hoc Communications ReQuest (Tabled from previous meeting) Theresa Brenner told Council that the Ad Hoc Communications Committee has been at work for nearly six months on its recommendation and should have a final recommendation to present to Council by November 14, 2001. She then asked Council for permission to have staff review the report for input prior to distributing the copies to Council and for permission to use staff to help make copies of the report. Council Member Nelson clarified that staff would be reviewing the document and that staff input would be inserted into the document. Ms. Brenner concurred. Council Member Nelson then indicated that she would like Mr. Palzer and Ms. Bender to review the document. It was the consent of Council to permit staff to review the document for input and to assist Ms. Brenner with making approximately 20 copies of the document. Council Member Travis asked if there would be backlash from other committees if staff time were used on this project. Ms. Bender indicated that there could be some backlash but suggested that, if Ms. Brenner were willing to do most of the work, staff would not spend much time on the matter. Ms. Brenner indicated she was willing to assist with making the copies. 10. Llovd Drilling - Developer's Agreement Ms. Bender indicated she has made several attempts to get Mr. Drilling to sign the Developer's Agreement. She noted he stopped by Monday but she was out and he had not come back Tuesday or Wednesday. She then asked Council to consider issuing a stop order on the construction to force him to sign the agreement. Council directed Ms. Bender to contact Mr. Drilling and tell him that he had two weeks to get to City Hall and sign the Developer's Agreement or Council would consider placing a stop order on the construction at its next meeting. IX. NEW BUSINESS 1. R& R Leasing - Special Assessment Split Request (PIN #R23-31-32-24-0001) Ms. Bender suggested putting this request on hold due to confusion concerning the PIN number and documentation received from the County and the property owner. Council Member Broussard Vickers indicated that the property owner did not meet the commercial requirements for lot size. Ms. Bender indicated that the information submitted by the property owner does not comply but said the information received from the County does comply. Page 11 of18 Council Member Broussard Vickers asked for clarification as to what the property owner was asking for. Ms. Bender explained that the property owner wished to divide the assessment pending on the large piece of property by four and attach the amount to each lot. She then indicated that the special assessment should be paid in full when the first lot is sold. Council Member Broussard Vickers indicated the property owner is asking permission not to have to pay money owed to the City. Ms. Bender indicated that a previous Council had granted a similar request for this property owner in the past. City Attorney Hoeft indicated that the property owner had made a previous request which was granted by Council. Council Member Broussard Vickers clarified that the lots were to be considered light industrial. Ms. Bender clarified that approval of the lot split was contingent upon registering with the County which the property owner never did. City Attorney Hoeft clarified that there was an assessment pending on the large parcel and said the assessment for the entire parcel should be paid at the time one of the newly created lots is sold. City Attorney Hoeft indicated that the property owner has indicated that two of the lots are sold which would mean that the portion of the assessment for those two properties would be paid now and the other two would not be paid until those lots are sold. He then advised against Council granting the request. Council Member Nelson asked if Council needed to make a motion to table the matter for further research. City Attorney Hoeft pointed out that before deciding what action to take Council should consider if granting the request is of benefit to the City. He then indicated he does not see a benefit to allowing the assessments to be paid at a later date. Council directed Ms. Bender to send a letter to the property owner indicating he should provide correct information to the City. 2. Resolution 01-018 Awarding Bid for the Pheasant Marsh Sub-Division (Phase I) Mayor Swedberg indicated that Council was comfortable using the $1.8 million dollar figure from the waiver. He then questioned whether Council was opposed to extending the date for finalization of the private improvements to July 30,2003. City Engineer Peterson indicated he did not see an issue with extending the date to July 30,2003. Mr. Hannah indicated he did not think they would have occupancy until June of 2002 but noted it would depend on how quickly they sell the lots. Page 12 of18 Council Member Broussard Vickers noted that City Ordinance gives homeowners six (6) months from the date of the occupancy permit or at public works discretion due to weather to install the sod. She then suggested using the language "six (6) months after occupancy of the home not to exceed a certain date." Ms. Bender noted that an exhibit could be added to the Developer's Agreement to ask that the funds for sod be placed in escrow with the city for homes built in the winter. Council Member Broussard Vickers noted she did not mind the date of July 30, 2003 for the end of the project improvements but said she wanted to set a time frame for homeowners getting sod. Mr. Hannah noted that his Company does an inspection twice a year to make sure the lawns are in. He then explained that a letter would be sent to the homeowner if the lawns were not in explaining they are in violation of the covenants ofthe development. Ms. Bender noted the City has had problems with the Eagle Pass development with issues passed on to the builder that the City has no control over. City Attorney Hoeft explained that the City lost its leverage when the retainage was refunded too quickly. He then noted that there is no legal magic as to the final date for private improvements as the market will drive the date based on how quickly the lots sell. City Attorney Hoeft explained that the bond and retainage issues are interrelated. He then indicated that if the letter of credit amount of $135,000 limits the developer's ability to borrow perhaps the City should be concerned with the developer's ability to afford this development. He then noted that he was legal counsel for Ground Development previously and noted that, during the time he represented Ground Development, there was never an issue as to a letter of credit or bond because no city ever had to draw on them. City Attorney Hoeft told Council he had indicated to the developer that if the City was insistent on the letter of credit there may be room to move on the retainage amount from 150% to 125%. Mayor Swedberg asked how often the City has needed to use the retainage. City Attorney Hoeft noted the City had not used the retainage in the past but probably should have in Eagle Pass. City Attorney Hoeft then noted that the developer from Eagle Pass is now completing the items left undone as they are going to be coming to Council for approval of Phase II of the development. He further noted the same could be said for Ground Development when it comes for approval of Phase II. Council Member Capra asked if the City would be setting a precedent by using 125% retainage for this development. Page 13 of 18 Council Member Nelson indicated she would be fine with lowering the retainage to 125% if that was the desire of Council but said she felt the letter of credit was essential. Mayor Swedberg noted that a smaller project would require more retainage because there is not much there. Council Member Broussard Vickers indicated she would like to see the City require the letter of credit and the 150% retainage because she does not feel the amount of money required is much of an outlay for a large corporation. Council Member Capra stated she would be fine with either the 125% or 150% retainage but said she felt the letter of credit was in the best interest of the City. Council Member Travis indicated he felt the letter of credit is easier for the City to draw on should it become necessary and, therefore, it would be in the best interest of the city to require it rather than a bond. Council Member Travis questioned whether the Certificates of Occupancy could be issued prior to the bituminous being done. City Attorney Hoeft indicated that the City has considered allowing an aggregate base based on weather conditions noting that, weather permitting, the bituminous would need to be done yet this year. Council Member Travis noted City Ordinance required that driveways be bituminous prior to occupancy. City Attorney Hoeft noted he would review the matter and advise Council. Mr. Hannah noted that occupancy would not occur before June of 2002 and noted the concern was to pull permits and build models this fall. Motion bv Council Member Nelson. seconded bv Council Member Travis to approve Resolution 01-018. awardinl! bid for the Pheasant Marsh Sub-Division (Phase I). All in favor. Motion carried unanimouslv. Motion bv Council Member Nelson. seconded bv Council Member Capra to remove the resil!nation of Juran & Moodv as Financial Advisors for the purpose of bond purchasinl! related to Pheasant Marsh and Resolution 01-019 awardinl! issuance of bond for the Pheasant Marsh Sub-Division from the al!enda. All in favor. Motion carried unanimouslv. 3. Resignation of Juran & Moodv as Financial Advisors for the purpose of Bond Purchasing: relating to the Pheasant Marsh Sub-Division (Phase I) This item was removed from the agenda. Page 14 of 18 4. Resolution 01-019 - Awarding the Issuance of Bond for the Pheasant Marsh Sub- Division (Phase I) This item was removed from the agenda. 5. BudgetJDeferred Compensation/Union Contract Council Member Capra indicated that when she was reviewing budget information from the League of Minnesota Cities she came across a statement that states that, although employees may contribute to other deferred compensation plans, public employers may only contribute to the states plan for their employees. She then indicated that the City does have a deferred compensation plan by PepsiCo that the City is contributing to. City Attorney Hoeft noted that, in speaking with Council Member Capra, it pretty strongly appears the City has a problem because it is offering a deferred compensation plan that does not comply. He then said the City needs to research the matter and fix it immediately to limit the amount of penalties that will be charged to the City. Council Member Capra indicated she had determined that the plan began in 1996 and said she had asked staff to locate a copy of the agreement but staff has not been able to locate it. Mayor Swedberg asked if there were plan documents to review. City Attorney Hoeft indicated he had not seen any. Council Member Capra indicated that she had reviewed the minutes from the December 1996 Council meeting where Jim March requested a Resolution authorizing City participation in the PEBSCO deferred compensation plan. City Attorney Hoeft indicated the City needs to gather documentation and work with staff and his office to find out what needs to be done to rectify the situation. He then suggested contacting the League of Minnesota Cities for assistance once the relevant documents had been gathered. Council Member Broussard Vickers asked what the time line was for resolving the issue. City Attorney Hoeft indicated that as soon as the City knows for sure there is a problem it needs to be fixed immediately. He then indicated there is a former IRS agent working in his office who may be able to advise the City on this matter. Council Member Capra indicated she would continue to work with staff to locate documents and would then contact the League of Minnesota Cities for assistance with the matter. She then noted that she had been told by representatives of the League of Minnesota Cities that if the City contacted them for any further help on the matter there would be a fee associated with the service. Page 15 of 18 6. Vacant Receptionist Position Council Member Nelson suggested that the City should advertise to fill the vacant position as the office is short staffed by two employees. Ms. Bender indicated staff is utilizing the intern and the temporary part-time person and suggested waiting until after the new City Administrator starts to fill the position. It was the consent of Council to wait until the City Administrator starts before filling the vacant receptionist position. x. CONSENT AGENDA 1. The City of Centerville September 13, 2001 through September 26, 2001 Expenditures. 2. Centennial Fire District Expenditures 3. League of Minnesota Cities Annual Renewal- $2,312 4. Pay Estimate #2 - Vinco (Laurie LaMotte Memorial Park) Motion by Council Member Nelson. seconded by Council Member Capra to approve the consent al!enda as presented. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS Council Member Broussard Vickers indicated that the Planning and Zoning Committee would have a full agenda at its next meeting dealing with Ordinance #4 amendments. Ms. Bender reported that the City would be receiving a preliminary plat approval request for the subdivision "The Shores" in the near future. Council Member Capra reported there had been a joint meeting with Shea architect and noted that there should be a presentation before Council in the end of October. Council Member Capra requested permission of Council to attend the next Fete des Lacs meetings. It was the consent of the Council to authorize Council Member Capra to attend the Fete des Lacs Committee meeting not to be its liaison going forward. XII. PUBLIC WORKS DIRECTOR'S REPORT/CLERKlTREASURER'S REPORT 1. Scheduling Budget Workshops By consent Council agreed to set a budget work session for October 17, 2001. Page 16 of 18 2. Truth and Taxation Hearings Ms. Bender asked if Council wanted to hold a truth and taxation hearing even though it is not required to do so this year. Council agreed, by consensus, that it would not hold a truth in taxation hearing as the matter is very complicated due to recent legislative changes. Council agreed, by consensus, to schedule a budget work session for October 30,2001. Ms. Bender reported that the pond inventory is approximately halfway done. Council Member Capra asked how many ponds the City has. Ms. Bender indicated there were approximately 50 ponds in the City. Mayor Swedberg reported he had received the five-year highway plan for Anoka County and said he would review it and report any issues relevant to the City. Mayor Swedberg asked whether the letter from the League of Minnesota Cities concerning loss control would be responded to within the 60-day time limit. Ms. Bender indicated that she had not yet responded as the letter will be discussed by the Park and Recreation Committee. She also noted that Mr. Palzer and the public works staff is working on some of the least expensive items on the list. She further noted that a response must be sent to the League of Minnesota Cities by November 11, 2001. Mayor Swedberg directed Ms. Bender to provide a written response to the League of Minnesota Cities prior to the deadline. Council Member Broussard Vickers requested Ms. Bender update Council as to progress on the matter at the last meeting in October. Council Member Broussard Vickers asked for an update on the roadway vacation letter previously received. City Attorney Hoeft indicated that the only thing the City would do is to follow the statutory process for vacating a roadway. He then indicated that Mr. Palzer is working with the individuals involved to determine if an official request is being made. He further explained that if the City vacates the roadway the property would revert back to the way it was divided before the plat that created the street. Council Member Broussard Vickers asked whether it was in the City's best interest to vacate the street. City Attorney Hoeft indicated the City needed to determine if it has any use for that piece of street. XIII. EXECUTIVE SESSION - KEN COOK City Attorney Hoeft indicated that Council was recessmg into executive seSSiOn to discuss threatened litigation. Page 17 of18 . Council recessed to executive session at 9:43 p.m. to discuss threatened litigation by Mr. Ken Cook. Discussion ensued regarding Ken Cook's medical insurance premium reimbursement. Council closed the executive session at 10:16 p.m. and reconvened Council's regular meeting at 10:16 p.m. XIV. ADJOURNMENT Motion bv Broussard Vickers. seconded bv Council Member Capra to adiourn the September 26. 2001 City Council Meetinl! at 10:16 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 18 of 18 CITY OF CENTERVILLE CITY COUNCIL MEETING September 28,2001 10:00 a.m. Pursuant to due call and notice thereof, the City of Centerville held an open meeting to interview candidates for the position of City Administrat@r September 28,2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg U!f?)O Qr7~ 0 Council Member Dic Trav' \.0 \J ' Council Member M Council Member Council Member I. CALL TO ORDER Meeting called to order at 10:10 a.m., Council Member Dick Travis left the meeting at approximately 10:15 a.m. II. APPEARANCES Following earlier interviews, individually with Gregory Johnson, Garrison Hale, Chantell Kadin, Kevin Caroll and Kim Moore-Sykes, the candidates were interviewed by the whole council in this open meeting. Council Member Travis was consulted via cell phone. Motion by Council Member Nelson. seconded by Council Member Capra to authorized Sathe Executive Search to offer the position of City Administrator to Ms. Kim Moore-Sykes not to exceed an annual wage of $63.000. All in favor. Motion carried unanimously. (Council Member Travis not Present. voted via cell phone) Motion by Council Member Capra. seconded by Council Member Nelson to authorized Sathe Executive Search to offer the position of City Administrator to Mr. Greg Johnson if it was previously declined by Ms. Moore-Sykes not to exceed an annual wage of$58.000 plus the one-time moving expense of $5.000. Motion carried unanimously. (Council Member Travis not present. voted via cell phone) III. ADJOURNMENT Motion by Council Member Nelson. seconded by Council Member Capra to adiourn the September 28. 2001 City Council Meeting at 1:48 p.m. Motion carried unanimously. (Council Member Travis not present) " .. City ofCenterville October 10.2001 Council Meeting Minutes CITY OF CENTERVILLE CITY COUNCIL MEETING OCTOBER 10, 2001 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on October 10, 2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg d;:l Counc~l Member Dick Travis........ ~....'.(~" '. ,.,,0.. '\2, CounCIl Member Mary Capra @ ....P",..', Council Member Mari Nelson .'. 0.... ..,,' Council Member Linda BroflA. ..~ '1iY}a...,.O li@#lf.. Non~ ~~~ ABSENT: STAFF: Acting City AdministratorlMs. Teresa Bender City Engineer, Mr. Tom Peterson City Attorney, Mr. Jim Hoeft Acting City AdministratorlPublic Works Director Mr. Paul Palzer I. CALL TO ORDER Mayor Swedberg called the October 10,2001, City Council meeting to order at 6:35 p.m. II. SET AGENDA Council Member Capra requested that Mr. Bart Rehbein be added under appearances. Terry Hannah of Ground Development asked to be heard under old business. Mayor Swedberg requested that Mr. and Mrs. West be added under new business Mayor Swedberg requested that Frattalone Excavating be added under new business. Mayor Swedberg requested that Terminal Truck be added under appearances. Motion by Council Member Broussard Vickers. seconded bv Council Member Nelson to approve the agenda as amended. All in favor. Motion carried unanimouslv. III. PUBLIC HEARING (S) None. Page 1 of 26 . IV. City of Centerville October 10,2001 Council Meeting Minutes APPEARANCES/AWARDS 1. Juran & Moodv (Pheasant Marsh Bond) George Illertson of Juran & Moody indicated that his company's financia1s had been worked out and noted the company is still intact. He then indicated that Council needed to set the bond sale at this meeting and receive bids on October 24, 2001. Mr. Illertson asked that Council approve the Financial Advisory Agreement between the City and Juran & Moody prior to authorizing the sale. He then explained that the agreement outlines the function of Juran & Moody in the bond process and said his company would take the project from assembling information from the City, County, and School District through the closing process with an estimated date for the City receiving the funds of November 14, 2001. Mr. Illertson noted the agreement contained an official cash flow statement and then agreed to waive the printing costs and strike that amount from the document. Council Member Capra noted Mr. Illertson had indicated at the last meeting the bonds would have an interest rate of between 4.75 to 5.0% and asked if the interest rate had changed. Mr. Illertson indicated that 4.75 to 5.0% was still his estimate but stated he hoped the interest rate would be a little bit lower. Council Member Capra indicated that at the last meeting Mr. Illertson had made reference to the City being non-rated. She then asked whether he recommended the City become rated. Mr. Illertson said the City is growing to a point where it might merit looking at. He then indicated that Juran & Moody could request that an estimator service be used to look at the City's financials and give the City a feel for what type of rating the City would be looking at for no charge. Council Member Capra asked what the benefit of being rated was. Mr. Illertson indicated that if the City had a high rating it would be the beneficiary of more aggressive interest rates but noted there is a fee for rated bonds relative to the size of the issuance. Council Member Broussard Vickers noted that 2008 was the earliest the City could prepay the bonds and then asked if that was a standard timeframe. Mr. Illertson indicated that the call date would typically be set for halfway through the bond payback. He then indicated that this is a ten-year term and said that bonds issued for only 10 years usually do not have a call date but said he felt the City would like the Page 2 of 26 . City of Centerville October 10. 2001 Council Meeting Minutes option of the call date because it is likely the development will become fully developed and the bonds could be repaid. Mr. Hannah questioned whether the amount of the bond was just for Phase 1. Mr. Illertson indicated that it was. Council Member Broussard Vickers noted that, if the City were to collect all the monies, it would have to sit on the funds and wait until it could payoff the bonds. Mr. Illertson agreed but said that the City can earn interest on those funds while waiting to payoff the bonds. Motion by Council Member Broussard Vickers. and seconded by Council Member Travis to approve the Financial Advisorv Service Ae:reement between the City of Centerville and Juran & Moody. All in favor. Motion carried unanimously. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to approve Resolution 01-019. a resolution awardine: the issuance of bonds for the Pheasant Marsh Sub-Division (Phase I). All in favor. Motion carried unanimously. 2. Mr. Bart Rehbein Mr. Bart Rehbein indicated he had come to Council to raise some issues prior to the public hearing on the preliminary plat for The Shores. Mr. Rehbein indicated the plat contained 10 lots with an outlot in the comer that would at some point be combined with the Liebel property to be split into two saleable lots. He then indicated that he would maintain ownership of the outlot but said the homeowners' association would be responsible for maintaining it along with the easement area for access to the lake for those property owners without lake shore. Mr. Rehbein indicated that all of the lots meet the minimum lot size requirements for R-2 zoning and said some of the lots are deep and the setback was based on the lake not the road. Mr. Rehbein inquired as to what the park dedication fees would be. Council indicated that park dedication fees are $1,800 per lot. Mr. Rehbein indicated that Hal's dad's house would be removed from the property and indicated that the original intent was to access that lot from County Road 14 with the existing access. He then indicated that Anoka County had indicated that the property could be accessed from Mound Trail and will not allow the Main Street access to remain. Page 3 of 26 City of Centerville October 10, 2001 Council Meeting Minutes Mayor Swedberg asked Mr. Rehbein if the County had given him any indication of what it intends to do with the road. Mr. Rehbein indicated that the County is applying for funding in 2005 to widen Main Street to four lanes and will be seeking another 27 feet of right-of- way on the west side of the road. He then indicated that the County said he could pursue the access but had told him they were sure it would not be approved. He further indicated that Mr. Palzer had indicated that the driveway easement to access that lot should be 20 feet wide. Council Member Nelson asked whether the easement access to the lake would be maintained by the homeowners' association. Mr. Rehbein indicated that it would. Mr. Rehbein asked Council if it would consider allowing him to use his engineering Staff to prepare the final construction drawings rather than the City Engineer. He then indicated that he felt his in house people could do the job a lot more inexpensively than the City Engineer and offered to allow the City Engineer to review the plans and inspect all the work to retain control. Council Member Broussard Vickers indicated there would be a cost incurred by the City to have the City Engineer review Mr. Rehbein's plans. Mr. Rehbein offered to pay for the City Engineer's fee to review the plans. Mr. Rehbein indicated he was aware that the Park and Recreation Committee intended to recommend some type of trail along Main Street and indicated he was agreeable to that. Mr. Rehbein indicated that he felt it would be costly to extend the water main from Lakeland Hills all the way to this development and said it would be his preference not to do so and for the City to allow private wells in the development. City Engineer Peterson indicated that Water Works has been waiting for water for quite some time. Mr. Jeffrey Nottum of 7238 Main Street asked where the watermain would be run. City Engineer Peterson indicated that it would come from Lakeland Hills down Main Street to the new development. City Engineer Peterson indicated he would prefer not to have ten private wells so close together. Mayor Swedberg noted the City had a problem recently with line of sight and setbacks for houses on lakes and suggested Mr. Rehbein do what he can to keep the houses all setback at an equal distance from the lake. Page 4 of 26 City of Centerville October 10, 2001 Council Meeting Minutes Mr. Rehbein indicated that he had the state archaeologist out to the property and it was detennined that no Indian mounds were located on the site. He then indicated he would get the City a copy of the state archaeologist's report. Council Member Travis noted that Mound Trail is a 5-ton road and questioned how Mr. Rehbein intended to bring construction equipment to the site. Mr. Palzer suggested accessing the development off of Main Street where the existing driveway is. Mr. Rehbein indicated that the entire development could not be constructed by accessing off of Main Street. Council Member Travis noted that, in the spring, the road is a three-ton roadway and indicated the matter would need to be addressed. 3. Terminal Transport Mr. Shawn Coatney indicated he was representing his brother, Brent Coatney, from Terminal Transport. He then noted that his brother had built the facility in 1998 and said his brother now needs to downsize his operation, as it is too costly for the company to operate the facility on 20th Avenue. He then explained that Mueller Pipeliners wants to buy the facility. Mr. Jeff Nordness of 2285 East Comfort Drive, Wyoming indicated that his company intends to grade the property and use it in basically the same manner it is currently being used. He then indicated he is a little confused because he had been told by City Staff to obtain a Rice Creek Watershed District permit and now had been told he needed to appear before Council. Council Member Capra asked if Mr. Nordness needed to go through Council for this matter. Ms. Bender indicated there is a question as to outside storage more so than the grading. Mr. Nordness pointed out on a map where he needed to do additional grading. He then indicated he intended to have outside storage and conduct safety training in the building. Council Member Capra asked if the issue is with outside storage or what the issue was. Mr. Palzer indicated that Ordinance 4 states that he needs to go through the site plan review process. He then indicated that the matter should go to the Planning and Zoning Committee for discussion and public hearing. Council Member Broussard Vickers asked if the use would be allowed without a conditional use permit. Mr. Palzer indicated that it would. Council Member Nelson indicated she felt it was premature to have the matter at Council and indicated it needed to go to the Planning and Zoning Committee. Page 5 of 26 City of Centerville October 10, 2001 Council Meeting Minutes Mr. Nordness indicated he is trying to get a feel from Council to see if it is a big issue or not. Council Member Broussard Vickers indicated the usage has to be an allowed usage in Ordinance 4 currently, if not, the Ordinance would need to be amended which is a process that takes several months. She then asked ifhe had a final grading plan. Mr. Nordness indicated he did have a grading plan and approval from Rice Creek Watershed District. Mayor Swedberg asked if the grading plan is the original grading plan for the whole property. Council Member Broussard Vickers indicated the City Engineer would need to review the grading plan and City Staff would need to review it to make sure it meets all the requirements. Council Member Capra asked how old the grading plan was. Mr. Nordness indicated the grading plan was from 1998. Mr. DeVine asked how the usage differed from the Terminal Trucking usage. Council Member Capra indicated there is an outside storage issue. Mr. Nordness indicated that there is outside storage now. Mr. Wilharber asked if the area would be asphalted. Mr. Nordness indicated he would be using Class Five. Mr. Wilharber expressed concern for runoff, as the City does not know what Mueller Pipeline does. He then stated he is surprised that Rice Creek Watershed approved the usage and said he feels the area should be asp halted and have a catch basin. Mr. Nordness indicated that the asphalt would not last due to the type of equipment they would be driving on it. Council Member Broussard Vickers asked what would be stored at the facility. Mr. Nordness indicated that empty trailers and flatbed trailers would be stored at the facility. Council Member Capra asked how long a grading plan is good for. City Attorney Hoeft indicated the existing grading plan might not include any elevations or slope with regard to the back portion of the property and said the City Engineer needed to look at it. Council Member Travis asked if Terminal Trucking has a conditional use permit right now. Page 6 of 26 City ofCenterville October 10, 2001 Council Meeting Minutes Council Member Broussard Vickers indicated it is an allowed usage in the industrial area and no conditional use permit is required. Council Member Broussard Vickers told Mr. Nordness that Staff would review the matter and determine whether it needed to be referred to the Planning and Zoning Committee. Mr. Coatney indicated that there is a timing issue involved as his brother has made plans to downsize to another facility. Mr. Wilharber asked if the facility is located in a TIF district. It was the consent of Council that the facility is not in a TIF district. 4. Mr. and Mrs. West, 1824 Main Street Mr. West of 1824 Main Street indicated that Anoka County is requiring City approval of a lot split in order to finalize the purchase of the lot behind his existing property. He then indicated that the Planning and Zoning Committee had approved his request at its last meeting. Council Member Broussard Vickers indicated the matter was acted on at the Planning and Zoning Committee and approved as presented. Council Member Capra asked for clarification on the lot split. Council Member Broussard Vickers indicated there were no questions as the lot split met all the requirements. Mr. West indicated the County will not allow the documents to be recorded until he has City approval. Motion bv Council Member Nelson. seconded by Council Member Broussard Vickers to approve the lot split as requested by Mr. and Mrs. West in the letter dated September 25. 2001. All in favor. Motion carried unanimously. Mayor Swedberg asked if the neighbors were okay with the purchase. Mr. West indicated that they were. Council Member Travis asked what Mr. West wanted the lot for. Mr. West indicated he wanted a bigger back yard for his grandchildren to play in. Council Member Nelson asked that if those in attendance had something to discuss that they step out in the hallway, as the various conversations going on in the audience were very distracting. Page 7 of 26 City of Centerville October 10, 2001 Council Meeting Minutes V. CONSIDERATION OF MINUTES 1. September 26. 2001 Council Meeting Minutes Council Member Capra requested the following changes: On Page 10 change "complain" to "complaint." On page 15 correct the spelling of PEBSCO. On page 15 change "August" to "December" and indicate that Jim March had requested Council approve a Resolution authorizing the City to participate in PEBSCO. On Page 16 indicate the name of the preliminary plat as "The Shores". On Page 16 correct the spelling of Shea. On Page 16 clarify that Council authorized Council Member Capra to attend the next Fete des Lacs Committee not to be its liaison going forward. Motion by Council Member Nelson. seconded by Council Member Capra to approve the September 26. 2001 Council Minutes as amended. All in favor. Motion carried unanimouslv. 2. September 28.2001 Special Council Meeting Minutes Motion bv Council Member Nelson. seconded by Council Member Capra to approve the September 28. 2001 Special Council Minutes as presented. All in favor. Motion carried unanimously. VI. PETITIONS AND COMPLAINTS None. VII. OLD BUSINESS 1. Ground Development Terry Hannah of Ground Development indicated he was present to discuss the Developer's Agreement and noted he had received a revised copy earlier in the day. He then indicated that there were a couple of things that concerned him and he had discussed those with Mr. Hoeft prior to the meeting. He further indicated that those issues were that there needed to be a clause in the agreement indicating the City would pick up the cost for over sizing the pipe, and the dollar amount for storm water fees. Mr. Hannah indicated that the former City Administrator had told him the storm water fees would be approximately $1,000 and the amount in the agreement is $10,000. He then said he needed to confer with the principal of Ground Development on that issue. City Attorney Hoeft reviewed with Council changes that were made to the document since the last Council meeting noting that the retainage was left at 150%, the date for completion of private improvements was changed to July 30, 2003, and language was added from the City Engineer to allow for aggregate base course rather than bituminous but state that bituminous is required if weather permits. Page 8 of 26 City of Centerville October 10,2001 Council Meeting Minutes Council Member Travis indicated the document says that without curb and gutter and blacktop a Certificate of Occupancy can be issued. He then indicated that City Ordinance requires that blacktop be installed prior to the issuance ofthe Certificate of Occupancy. City Attorney Hoeft questioned whether Council wanted to allow occupancy prior to the bituminous being installed which is contrary to City Ordinance on a temporary basis until weather would permit the blacktop to be installed. Council Member Travis noted the developer had indicated that there would not be occupancy until May. Mr. Hannah indicated there should not be an issue with blacktop as there should not be occupancy until May and suggested removing the language from the document. Council Member Travis questioned who would plow the roadway without any curb or blacktop and who would be liable for the damage that will incur from plowing it. Mr. Palzer indicated the City would plow the roads. Ms. Buckby questioned why the City would have to plow a road that is not an accepted roadway. Mr. Palzer indicated that in the past the City allowed a developer to plow and they were not doing so until several days after the snows and the City felt it was a matter of public safety to allow for emergency vehicles to access the development if they needed to. City Attorney Hoeft indicated the plowing issue is covered under the cost of private improvements and includes 20 plows at $ I 00.00 an hour. City Attorney Hoeft indicated he would change the language of the document to require bituminous prior to Certificates of Occupancy being issued. He then indicated that the City would be picking up three or three and a half percent (3 or 3.5%) for the over sizing and said he would modify the document. Council Member Travis questioned whether the pipe was still being oversized based on the new alignment. The City Engineer indicated that it was. City Attorney Hoeft clarified that the storm water fees were calculated at .01546 per square foot for a total of$10,707.66. Council Member Nelson questioned whether Council could approve the Developer's Agreement because Mr. Hannah needed to speak to the owner about the storm water fees. City Attorney Hoeft indicated Council could approve the document as written and said that if the developer has an issue with the storm water fees he could come back with a request to discuss it. He then asked that Council approve the Developer's Agreement giving him the ability to change the language to accurately reflect that 100% of the cost Page 9 of 26 City of Centerville October 10, 2001 Council Meeting Minutes of the assessment does not include the oversized pipe and the change back to require bituminous on Page 3 of the document. Mayor Swedberg questioned whether the calculation multiplier on storm water fees was a number the City has always used. City Attorney Hoeft indicated he is not sure what happened in the calculation but said it is the calculation always used for storm water fees. Mr. Hannah indicated he would be requesting documentation to support what they were told concerning storm water fees. City Attorney Hoeft indicated if there was a miscommunication, that is unfortunate but said the storm water fees calculation is what it is and cannot be changed. Motion bv Council Member Broussard Vickers. seconded by Council Member Nelson to approve the Developer's Al!:reement for Pheasant Marsh (Phase I) subiect to the Citv Attornev's changes to Para\:raph Ub) on Pal!:e 3 and Para~raph (c) on Pal!:e 5. All in favor. Motion carried unanimously. 2. Mr. and Mrs. Moe. 7040 Brian Court (Update) Ms. Bender indicated that she and Mr. Palzer had spoken with a claims adjuster from the League of Minnesota Cities who will determine whether the claim would be covered or not and report back to them. 3. Rain Water Gardens (Update) Council Member Capra indicated she spoke with Mike today who had told her he expects to hear back within two weeks concerning the rain water gardens grant. 4. Sheehy Properties (Update) Tabled until after 2002 budget is set. 5. Cedar Street Park Property (Update) Tabled until after 2002 budget is set. 6. Turcotte Property (Update) Council Member Travis asked if anybody else was interested in the property. Mr. Palzer indicated he had not received any other offers to purchase the property. He then indicated that the building would be hard to move because of multiple foundations. City Attorney Hoeft indicated that the City did not yet have clear title but said the process to clear the title had begun and said if the City wanted to sell the property it could. Mayor Swedberg asked if the City could use the building for anything. Page 10 of26 City ofCenterville October 10, 2001 Council Meeting Minutes Council Member Nelson indicated the City of Centerville would be responsible for the whole clean up as the mover would fence the hole with the first offer received. She then asked if public works would be filling the hole. Mayor Swedberg asked what would be done with the other buildings on the property. Council Member Broussard Vickers indicated the City would have the costs of demolition of the duplex plus the clean up and filling of the hole if the City does not sell the building and allow it to be moved. Mr. Palzer suggested asking house movers to take the building for the cost of filling the hole. Council Member Nelson asked whether it would be financially better to remove the building or continue running the utilities. She then indicated if the utilities are shut off then the City would not have the expense or pressure of time. Mayor Swedberg asked how much the utilities are costing the City. Mr. Palzer indicated that the water and gas are shut off and said the City would only be paying a minimum charge, ifthere is one. Council Member Broussard Vickers asked if an empty house could be considered an attractive nuisance. Council Member Nelson indicated she felt Council should wait before deciding on the offer. Council Member Capra asked if Staff could find out what it would cost the City to fill in the hole. 7. BudgetJDeferred Comp/Union Contract Council Member Capra indicated she did some investigating into the matter and had spoken to Ms. Ryan at the League of Minnesota Cities who indicated she could and would only give informal guidance on the matter. She then suggested hiring Abdo, Eick and Meyers for $80.00 per hour to advise the City on how to proceed. She further explained that Mr. McDonald from Abdo, Eick and Meyers had indicated he felt that it would take the firm three or four days to gather information and provide advice on how to proceed. Council Member Capra suggested that she work with Staff to gather information to provide to Mr. McDonald in an effort to save the City money. She then indicated that Mr. McDonald would like to meet with City Staff as soon as possible to go over what types of information should be gathered and provided to them for review. Page 11 of26 City of Centerville October 10, 200 1 Council Meeting Minutes Council Member Nelson indicated she felt it would save the City a lot of money to get a list of documents and pull them ahead of time. Council Member Capra indicated that Mr. McDonald had indicated that he had found, in working with other clients, that the IRS has usually waived penalties if the client has shown a good faith effort to resolve the matter. Council Member Capra indicated the City would be responsible for going back on the paid benefits. She then indicated that there was no FICA taken out of any of that benefit and it was not run through the payroll system as a separate check was posted. She further indicated there were a lot of issues to address such as how to handle the matter with the union, and the fact that the benefit was not offered to all employees. Council Member Capra indicated that Mr. McDonald could come to the next meeting to let Council know what needs to be done to rectify the situation. Council Member Capra indicated that Mr. McDonald had agreed to assist the City with the entire process at the rate of $80.00 per hour. Council Member Broussard Vickers asked how long the process would take. Council Member Capra indicated that Mr. McDonald had said it should not take very long if Staff pulls the documents. Council Member Broussard Vickers clarified that working with the State and the IRS on a settlement could be time consuming. Council Member Capra clarified that Mr. McDonald would not be working with the City to set up an appropriate deferred compensation program but would be working with the State for settlement of monies owed. Council Member Capra indicated that employees can put money into PEBSCO but said the City cannot. She then indicated that she and Ms. Bender had discovered that there is approximately $67,000 deposited into PEBSCO that includes wages and the City's portion. Council Member Broussard Vickers asked if Council needed to make a motion to hire Abdo, Eick and Meyers. City Attorney Hoeft indicated that because City funds would be spent a motion would be appropriate. He then indicated there is not an amount not to exceed figure at this time and said the City would need to monitor the costs as the process goes along. Council Member Capra asked if City Attorney Hoeft had spoken to the former IRS enforcement agent in his office. Page 12 of26 City ofCenterville October 10, 2001 Council Meeting Minutes City Attorney Hoeft indicated he had discussed the matter with the former IRS enforcement agent at his office who indicated that, because deferred compensation is involved, he felt that the accountants would be better fit to address the matter and work with the IRS. City Attorney Hoeft indicated that this individual had also indicated that the IRS has waived penalties, in some cases, where it felt a good faith effort had been made. Council Member Capra indicated that the City needed to take PERA off the top of wages before determining the amounts deposited. Council Member Capra suggested requesting information from PEBSCO back to 1996 to compare to what is in the City's files. Motion bv Council Member Broussard Vickers. seconded bv Council Member Nelson. to authorize the hirine of Abdo. Eick and Meyers to investieate the City's deferred compensation issue at $80.00 per hour. All in favor. Motion carried unanimously. Council Member Nelson suggested a friendly amendment to the motion to appoint Council Member Capra to work on the matter. City Attorney Hoeft indicated that authorizing Council Member Capra need not be in the motion. It was the consent of Council to authorize Council Member Capra to work on the deferred compensation issue. Council Member Capra indicated that Mr. McDonald had said he believed he would have a solution by the first part of November and definitely by the end of the year. Council Member Capra indicated that Council needed to address how to work with the union and employees on this matter. Council Member Broussard Vickers indicated she needed further information before discussing the matter. 8. Ken Cook (Update) City Attorney Hoeft indicated that he had determined that the classification of payment to Mr. Cook would be a reimbursement of overpaid medical insurance premiums. Mayor Swedberg asked if the matter would be reported on a 1099 miscellaneous form. City Attorney Hoeft indicated it would be classified as a reimbursement as it is money that Mr. Cook has already paid taxes on. Page 13 of 26 City of Centerville October 10,2001 Council Meeting Minutes Council Member Broussard Vickers asked if Council needed to make a motion to reimburse the amount. City Attorney Hoeft indicated he was not sure what the amount would be. Council Member Nelson indicated she felt that $7,500 is a good,amount. Council Member Capra asked if it is more than that. Council recessed to change the tape at 8:28 p.m. Council reconvened at 8:30 p.m. Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to reimburse Mr. Cook the amount of $7.386.44 as a reimbursement for medical insurance premiums. All in favor. Motion carried unanimously. Council Member Nelson questioned whether Mr. DeVine was resigning from the Fete des Lacs Committee or as Chair, and if a motion to accept the resignation needed to be made. Mr. DeVine indicated it was a resignation as Chair of the Committee. He then commented that there really is no discussion as there is no Committee because there are no bylaws for the Committee. He then asked ifthere were bylaws for the Committee. Council Member Capra indicated that Fete des Lacs was authorized as a Committee and the members are paid as a Committee. 9. Lloyd Drilling Developer's Agreement Ms. Bender indicated that Mr. Drilling had signed the Developer's Agreement. 10. R & R Leasing - Special Assessment Split Request Ms. Bender indicated that she had not received any further information on the matter. VIII. NEW BUSINESS 1. Resolution 01-019 - Awarding the Issuance of Bonds for the Pheasant Marsh Sub-Division (Phase I) This matter was acted upon earlier in the meeting. Page 14 of26 City of Centerville October 10, 2001 Council Meeting Minutes 2. League of Minnesota Cities Insurance Benefits Council Member Capra indicated that she needed clarification as to whether the Mayor wanted the League of Minnesota Cities to come in and explain the benefits. Mayor Swedberg indicated that the City needed an open season for employee benefits and said the employees need to have a choice of options. He then suggested scheduling a variety of people that provide that sort of service to provide information to Council. Council Member Broussard Vickers indicated there usually needs to be more than one plan for open enrollment. Ms. Bender indicated that there is more than one plan but they have the option of being in or out and there is no open enrollment except when you are newly hired. Council Member Nelson indicated Council needed numbers to consider for the budget planning sessions. Council Member Capra clarified that Council wanted information not from the League of Minnesota Cities but from PEIP. Ms. Bender suggested getting information from the League of Minnesota Cities, PEIP, and any other providers. Council Member Capra clarified the current benefits are through PEIP. Ms. Bender indicated that Council Member Capra was correct and said that if the City wants to provide something other than PEIP it would need to go out and seek other proposals. Mayor Swedberg agreed that he wants to solicit proposals from other services and wants an open enrollment season yearly. Council Member Capra asked if there was any way to get an open season with PEIP. Ms. Bender indicated that PEIP only allows open enrollment when first hired Mayor Swedberg directed the City Administrator to gather information and provide it to Council. 3. Reception for Ms. Kim Moore-Sykes. City Administrator Mayor Swedberg indicated he felt it would be appropriate to have a welcoming reception for the new City Administrator, Kim Moore-Sykes who is coming to CenterviIIe from Ramsey. He then indicated he would buy cake and refreshments and suggested holding it at a Council meeting. Page 15 of26 City ofCentervilJe October 10, 200 I Council Meeting Minutes Council Member Broussard Vickers indicated Council's agendas are too lengthy and said she would like it held another night. She also indicated she would prefer to wait until after Ms. Moore-Sykes gets started. Council Member Nelson indicated that the meeting would need to be posted. Ms. Bender indicated she needed four days' notice of the meeting. It was the consent of Council to allow Ms. Moore-Sykes to select the date for the reception. 4. Watermain Extension for The Shores City Engineer Peterson handed out a drawing showing the watermain extension for The Shores. He then indicated that the City may face opposition from Mr. DeFoe who has approximately 800 feet of frontage and noted that Water Works has asked for water in the past. Council Member Broussard Vickers clarified that with water the City can only assess the amount that the property increases by. She then asked ifthere was an estimate of the per square foot assessment. City Engineer Peterson indicated that from Lakeland Circle to The Shores is approximately 2600 feet, $150,000 to $200,000, which figures to approximately $75.00 per foot. Council Member Broussard Vickers stated that the City can only assess back to the owner what the market feels is the improvement to the property. City Attorney Hoeft indicated that the assessment amounts would be approximately $8,000 to $10,000 per lot. He then indicated that Mr. DeFoe has the ability to subdivide and the City could divide his property and assess him per lot for the lots that fit in his frontage. Council Member Broussard Vickers indicated the City needed a feasibility study and public hearings on the matter. She then commented that the developer had said he preferred private wells. City Engineer Peterson indicated that if the City decided to do a feasibility study it would delay The Shores but said he is not sure of Mr. Rehbein's timetable since it is already October. Council Member Broussard Vickers indicated there is not water on Peltier right now. City Engineer Peterson indicated that this project would get water out there. Council Member Broussard Vickers asked what the difference was if the City does the feasibility study or if a resident petitions for water. City Engineer Peterson indicated the report would be based on bringing water right to The Shores. Page 16 of26 City of Centerville October 10,2001 Council Meeting Minutes Council Member Broussard Vickers asked what the feasibility study would cost the City. City Engineer Peterson indicated that the feasibility study would cost approximately $5,000 as it would take time with maps and estimated assessments. Council Member Capra asked what the timing is for acting on the plat. City Attorney Hoeft indicated that typically what the City has done in past situations where the time does not work is to have the developer submit a waiver of the 60-day requirement in order to allow more time for gathering information. Council Member Nelson asked why the City would want to put water through if none of the residents want it. Council Member Capra indicated that Water Works has asked for water previously and Mr, Nottum had indicated he would take water, City Engineer Peterson indicated that homeowner's insurance is less costly when a home is serviced by City water. Mayor Swedberg asked if this project could be done when the County widens the road to consolidate costs. City Engineer Peterson indicated that the County widening the road is too far off and said the pipe would be drilled. Council Member Capra asked if there would be a problem with having sewer and water right next to each other. Council Member Travis questioned whether residents of The Shores would be required to connect to City water if it is brought out there. City Attorney Hoeft indicated that is an item of negotiation between the City and The Shores but noted if there is a stub to the property there is a benefit to the property that the developer will have paid for and it does not make sense to pay for the benefit and then put in a private well. Ms. Buckbee indicated that, to her recollection of City Ordinance, the City does not allow lots under 10 acres without City water. Mr. Wilharber suggested checking the Ordinance before doing the feasibility study and spending City funds. He then indicated that the City let Mr. Buechler put in five lots without City water that may have been in error. City Attorney Hoeft indicated the City could inform the property owner it needs another 60 days to review the feasibility of bringing water to the development. Council Member Broussard Vickers asked Ms. Bender to check City Ordinance to determine whether lots under 10 acres are required to have City water. Page 17 of26 City of Centerville October 10, 2001 Council Meeting Minutes Ms. Buckbee indicated that there may be a feasibility study on file for bringing water to Peltier Lake Drive and the DeFoe property and suggested providing that study to the City Engineer to save time and money if a new study is needed. Council asked Ms. Bender to check into whether there is a feasibility study for Peltier Lake Drive and the DeFoe property. 5. Mr. Jeffrev Nottum. 7238 Main Street Mr. Nottum indicated he had come to Council to find out why his home has been charged two sewer charges. He then indicated he has been doing some research and questioned what the criteria for sewer charges is. Mayor Swedberg asked if there was one house on the property. Mr. Nottum indicated it is a house with one address but there are two separate residences. He then indicated that his house has only one sewer pipe coming into the property and had only two toilets until 1991. Mayor Swedberg asked how long Mr. Nottum had been paying two sewer charges. Mr. Nottum indicated that he had purchased the property in 1973 but said the lot was split in 1979 and questioned whether that is when the mix up took place. He then indicated that it was not until the lot was split and he found out his brother was paying half the amount he is paying for sewer charges that he realized he was being charged for two services. Mr. Nottum asked if the criterion is the number of stubs coming into the property or is the City metering waste. He then indicated he had made various requests for answers over the years but had always been told he has a duplex and that is why the two charges. Mr. Notturn then indicated that six weeks ago he made a similar request and was told he had more than one stub on the property and that is why he is being charged double. Council Member Capra asked if anyone could confirm whether Mr. Nottum had two stubs to his property. Council Member Nelson asked if Ms. Bender could find out what the criterion for duplexes is. Ms. Bender indicated there is a period of time that the City cannot locate records for utility billing for Mr. Nottum's address. Council Member Broussard Vickers asked if all duplexes in the City were being charged for two services. Ms. Bender indicated that, since she has worked for the City that is what the City has been doing. Council Member Nelson indicated that she owns rental property III St. Paul that IS considered a duplex, as it is a single home with two addresses. Page 18 of26 City of Centerville October 10,2001 Council Meeting Minutes Mr. Nottum indicated he is zoned single family residential. City Attorney Hoeft indicated that it does not matter what Mr. Nottum's zoning is as it is the usage that matters. Ms. Buckbee, 7381 Peltier Circle, indicated there is a Sanitary Sewer Ordinance that defines how residential sewer is billed and indicated it is not based on stubs but on single family or multifamily. She further indicated that his residence would be classified by Ordinance to have two families living there and, therefore, be charged two sewer fees Mr. Nottum indicated there are homes with twice the square footage and more toilets than he has. Council Member Broussard Vickers clarified that, if Mr. Nottum maintains that second unit upstairs as a separate facility that can be rented out, it is a two unit home under City Ordinance. She further clarified that there is no way for the City to keep track of when it is rented and when it is not. Mr. DeVine asked the date of the Ordinance. Ms. Bender indicated it was dated 1977. Mr. DeVine told Mr. Nottum his best bet would be to come to Planning and Zoning and ask that the Ordinance be reviewed. Council Member Broussard Vickers indicated that Mr. Nottum could change the structure of his house and would then be charged only one sewer fee. Mayor Swedberg noted he understood Mr. Nottum's flowage argument but said City Ordinance determines how the fees are applied. Mr. Nottum indicated he feels the City is charging him double because it knew he had the potential to earn money by renting out the upstairs. Mr. Pa1zer indicated that the Ordinance states that homes will be charged according to SAC unit. He then indicated that he would need the SAC book to determine exactly what the requirements are for duplexes. Council Member Broussard Vickers indicated that Mr. Nottum has been charged as a duplex and said he could corne to the Planning and Zoning Committee to ask that it be discussed. Council Member Nelson indicated Council is not saying it would change the Ordinance but saying it would be looked at. Mayor Swedberg asked Mr. Palzer to explain the SAC acronym. Page 19 of26 City ofCenterville October 10, 2001 Council Meeting Minutes Mr. Palzer indicated the Metropolitan Council determines the number of SAC units charged for each unit and it is based on expected flows into the sewer system. Mayor Swedberg asked where the break off was on the SAC charge. Mr. Palzer indicated he was not certain until he finds the book but said he thought one and two family homes were charged the same per unit. Mr. Nottum indicated his contention is that he is not providing that much flowage into the system to warrant the double billing. Mr. Palzer indicated he had found the documentation to indicate that one SAC charge would be charged per dwelling unit, which means that a duplex has two dwelling units and would be charged two sewer fees. Council Member Broussard Vickers clarified Mr. Nottum has a duplex whether or not it is rented out. 6. Request to Purchase Bobcat Council Member Capra indicated she had spoken to Mr. Palzer who indicated that the Bobcat was budgeted for this year. Mayor Swedberg indicated he was not sure where the budget figures are and would rather table the request for now. Motion by Council Member Travis. seconded bv Mavor Swedbere: to table discussion of the bobcat purchase. Ayes - 4. Nays -1 (Broussard Vickers). Motion carried. Council Member Nelson asked why Council Member Broussard Vickers voted no. Mayor Swedberg indicated that Council Member Nelson could not ask why Council Member Broussard Vickers had voted no. 7. Anoka County Assessment Contract Mayor Swedberg asked if the County had given a final number. Council Member Nelson indicated she did not understand the choice. Mayor Swedberg indicated there was not a choice and said the City needs the final number to plug into the budget. Mayor Swedberg asked Ms. Bender to inquire as to how many houses the County intends to do next year and to obtain a final number to insert into the budget. Page 20 of 26 City of Centerville October 10, 200] Council Meeting Minutes Motion bv Council Member Broussard Vickers, seconded bv Council Member Capra to approve the Anoka County Assessment Contract for 2003. All in favor. Motion carried unanimouslv. 8. City of Circle Pines Proposal for Joint Building Inspections Council Member Nelson indicated she had spoken with Mr. Palzer who had indicated he recommended that Council not accept the proposal. Council Member Capra indicated that the contract expires November 1, 2001 with the person who does the inspections for Circle Pines. She then indicated she was told that if the City decides not to accept the offer Circle Pines does have a contingency plan. She further indicated that the offer would bring revenue into the City but indicated that the City needs to consider expenses and the liability of having City employees traveling to Circle Pines. Council Member Travis indicated the City would get paid for doing the inspections. Council Member Capra indicated that the City of Lexington would be looking to Centerville for the same services. Council Member Travis asked why Mr. Palzer would be opposed to this. Council Member Nelson indicated that Mr. Palzer had told her that it would cost overtime for both he and Mr. Cook and/or adding another public works person and the City would get 145% over the current salary and that would not cover what it would cost the City. Council Member Broussard Vickers suggested tabling the matter for discussion at the budget work session. Motion bv Council Member Broussard Vickers, seconded bv Mavor Swedben! to table the matter for discuss at the bude:et work session. All in favor. Motion carried unanimously. 9. Frattalone Excavating Council Member Capra indicated that Frattalone had requested an overweight permit and asked the City to assume responsibility for any damages done to the part of the road that is not being reconstructed. Council Member Travis asked if the City has a letter of credit on Mr. Buechler. City Engineer Peterson indicated that Mr. Buechler is willing to do his half of the street but said the construction vehicles have to travel over about one mile of Mound Trail to get to the section that needs to be reconstructed. Page 21 of26 City of Cenlerville October 10, 2001 Council Meeting Minutes Council Member Travis indicated the road was posted at 5 tons last year. City Engineer Peterson indicated that they were going to bring trucks in through the County property but that is no longer possible. He then suggested testing the roadway to determine the tonnage. Council Member Broussard Vickers indicated the matter needed to be figured out as the City gets numerous requests for overweight permits. Council Member Broussard Vickers indicated that the letter from Frattalone had asked the City to assume responsibility for damages and suggested that Mr. Buechler assume responsibility because she does not feel the City should do so. She then asked if it was possible to use smaller trucks. City Engineer Peterson indicated that some of the trucks are overweight not loaded and said that if smaller trucks were used it would take twice as many trips. Council Member Broussard Vickers asked if winter would be a better time. Council Member Travis indicated that asphalt plants close at Thanksgiving. City Engineer Peterson indicated that if the blacktop could not be done this year it could be graveled and done next year. Council Member Travis indicated that he thought part of the developer's agreement required the road to be paved. City Engineer Peterson indicated that replacing the street is part of the developer's agreement but said he is not sure if a bond is there. City Attorney Hoeft indicated that the agreement did not give Mr. Buechler permission to exceed the tonnage on the road. Council asked for Mr. Palzer's opinion on the matter. Mr. Palzer indicated he agreed with the City Engineer. City Engineer Peterson suggested allowing the overweight permit to pave the road, as he does not think it would damage the street. He then said he does not think Mr. Buechler would want to post a $30,000 bond and asked if the City could force him to do so. City Attorney Hoeft indicated that the City could force Mr. Buechler to post the bond if it desired to do so. City Engineer Peterson indicated he was not sure if Frattalone would honor its prices much longer as it has been a couple of years. Ms. Bender indicated that Mr. Buechler had been given overweight permits in the past. Council Member Travis clarified that he had assumed the liability and not asked the City to do so. Page 22 of 26 City of Centerville October 10, 200 I Council Meeting Minutes Council Member Broussard Vickers asked who rated the road as 5 tons. City Engineer Peterson indicated the County did. Ms. Buckby indicated the road was rebuilt in 1987. Mr. Wilharber said it was later than that and said the City could not see paving the last 700 feet as there were no homes in there and it was servicing Lino Lakes. Council Member Broussard Vickers indicated that the City is concerned with the part of the road closest to Main Street, as it has been reconstructed and it is rated at 5 tons. Council Member Broussard Vickers indicated that Mr. Buechler would need to accept responsibility if the street is damaged. She then questioned if the road is built better than 5 tons. Ms. Buckby suggested the road may be built to lO-ton standards and posted lower. Council Member Broussard Vickers asked if the City could lower a road rating. City Engineer Peterson suggested using a core testing company to determine the tonnage of the road. Council Member Travis indicated the road was 5 ton last year when this was approved and asked why Council would pay to have the road tested for these people. Council Member Broussard Vickers indicated the City gets a lot of requests for overweight permits. City Engineer Peterson indicated that the City is paying half the costs to reconstruct the street. Motion bv Council Member Travis. seconded by Council Member Nelson to direct Mr. Buechler to have a core sample done to determine the tonnae:e of the roadway. All in favor. Motion carried unanimouslv. IX. CONSENT AGENDA J. The City of Centerville September 27, 2001 through October 5, 2001 Expenditures. 2. Centennial Fire District Expenditures 3. Centennial Fire District Quarterly Services Expenditures 4. Sathe Executive Search Payment #3 - $5,660.00 5. Land Holding Group, Inc. (Centervilla Over sizing Costs) - $6,728.00 Council Member Broussard Vickers asked that Consent Agenda Item 5 be pulled for discussion. Page 23 of 26 City of Centerville October 10, 2001 Council Meeting Minutes Motion by Council Member Broussard Vickers. seconded by Council Member Capra to approve Consent Al!enda Items 1 through 4 as presented. All in favor. Motion carried unanimously. City Engineer Peterson indicated he had received a letter from Land Holding Group, Inc" regarding the over sizing of the watermain in Centervilla claiming that the size difference between the 10 inch and the eight inch watermain is $6,728.00. City Attorney Hoeft recommended verifying the amount before paying it. City Engineer Peterson indicated that he has been hounding Mr. Bach to put the sidewalks in and said he would not do anything on this bill until the sidewalk goes in. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to table this matter for further information. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS 1. Open Meeting Laws Council Member Capra indicated that she felt that, with all that had transpired, it would make sense to include information on the open meeting laws for all Committees. Council Member Broussard Vickers asked if a summary was available. Council Member Capra indicated there was a summary available to place in packets. 2. Legal Notices Council Member Capra suggested drafting a notice to Committees to let them know that it takes three weeks' notice to get a legal notice published in the newspaper to help with the confusion concerning publication. Ms. Buckby indicated that the City does not have to post legal notices in the newspaper as long as it is posted in the vestibule. Ms. Bender indicated there had been a recent situation on the Planning and Zoning Committee where a resident who wants to get something constructed thought public notice was going in the newspaper but as there was not a clear indication as to what would happen at the work session, notice was not placed in the newspaper and the hearing was not noticed for the next meeting. She then indicated that Committees need more education about the timeframes for making publication deadlines. Page 24 of 26 City of Centerville October 10, 2001 Council Meeting Minutes Council Member Capra suggested including a list of the time frames for publication in Committee packets along with the open meeting law information. Council Member Broussard Vickers indicated that the Planning and Zoning Committee had a normal meeting and then a work session meeting to discuss the changes to Ordinance 4 in an attempt to have language ready to go for a public hearing at the next Planning and Zoning Committee meeting. Mr. DeVine indicated that he was under the assumption that the Planning and Zoning Committee was working at the work session to put language together for Ordinance 4 to be heard at a public hearing at the Council level. He then indicated that he is usually very careful about relaying accurate information to residents and said he is not sure how the misunderstanding came about. . Mr. DeVine and Mr. Wilharber indicated they had interpreted comments at the Planning and Zoning Committee to mean that the City was going to skip the second public hearing at Planning and Zoning and go to Council instead in an effort to speed the process along. Council Member Broussard Vickers indicated the residents were told there would be a public hearing at the Planning and Zoning Committee and then at Council. She further indicated that they were clearly told that the matter would not come up until mid- November. Mr. DeVine indicated that Committees needed to communicate better with Ms. Bender in order to avoid miscommunications such as this. Council Member Nelson suggested keeping a list of items to gIve to Staff at each meeting. Council Member Broussard Vickers indicated that she assumed the Minutes of the meeting was a list to Staff. Ms. Bender indicated that using the Minutes for direction to Staff, especially for items of a time-sensitive nature, is not very efficient because TimeSaver has several days before they have to submit the Minutes to the City. She then suggested that the Committee should provide a list to Staff of items of a time-sensitive nature. XI. PUBLIC WORKS DIRECTOR'S REPORT/CLERK/TREASURER'S REPORT Mr. DeVine indicated the Centerville Lions Club had requested a key for the public works gate because it has a storage unit inside the locked gate. He also indicated the Lions were considering using the old public works site for the haunted house. Council Member Capra asked if there was anything in the old public works building. Page 25 of 26 . Cily of Cenlerville October 10, 2001 Council Meeting Minutes Mr. Wilharber indicated the old fire truck, a DUI forfeited vehicle, haunted house materials, and the old wagon are located in the old public works building. He then commented that there was some discussion concerning using the old public works building because the Lions could put on a larger show and hopefully raise attendance from last year at the haunted house. Mr. DeVine indicated the President of the Lions Club is asking for a key to the gate in order to be able to access the storage shed. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to authorize public works to give a key to the l:ate to the Lions Club. Ayes- 3. Nays - 2 (Swedben!/Travis). Motion carried. Mayor Swedberg indicated he had voted against the motion because he does not feel Council needed a motion to give a key to the Lions. Council Member Capra indicated she had spoken to Mr. Palzer and he had indicated he is going to a meeting in Blaine concerning a terrorism update for Anoka County. She then asked Mr. Palzer to update Council as to what is being done to protect the wellheads. Mr. Palzer indicated there would be locking bolts on wellheads and said he believes there will be additional requirements coming out of the meeting. He then said it may be a good idea to place an alarm system on the chemical rooms. Mr. Wilharber indicated that a couple of years ago the Police Department, in conjunction with the State of Minnesota, had held a presentation to discuss disaster management. He then gave Mayor Swedberg the manual provided at that meeting and said he feels it is very important in light of recent world events. XII. ADJOURNMENT Motion by Nelson. seconded by Council Member Broussard Vickers to adiourn the October 10. 2001 City Council Meetinl: at 9:32 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 26 of 26 L CALL TO ORDER 1. .. CII WEDNESDAY, OCTOBIR 17, _1 6:38 P eM. D. sa AGENDA m. ftJBLIC 1UAlUNG(S) 1. W. ..... Platted.. .... IV. APPEARANCES/AWARDS v. CONSIDERADON 01' MINt1TES VL PEnnONS AND COMPLAINTS VB. OLD BUSINUS 1. 2002 B.... vm. NEW BUSINESS IX. CONSENT AGENDA X. COMMI'ITR REPORTS xu. PUBUC WORKS DIRJ:CfOR'S RU'ORTICLDtKII'REASUUR'S REPORT xm. ADJOURNMENT city of CetW:rville October 17,2001 Council Wark Session Meeting Minutes CITY OF CENTERVILLE CITY COUNCIL WORK SESSION MEETING OCTOBER 17, 2001 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held a work session on October 17,2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra Council Member Mari Nelson Council Member Linda Broussard Vickers ABSENT: None. STAFF: City Clerk, Ms. Teresa Bender Public Works Director, Mr. Paul Palzer L CALL TO ORDER Mayor Swedberg called the October 17, 2001, City Council works session meeting to order at 6:33 p.m. Well Head Protection Public Hearing The Mayor opened the Well Head Protection Public Hearing at 6:35 p.m. No discussion to place and no members of the audience desired to participate. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to close the Public HearinS! at 6:38 n.m. All in favor. Motion carried unanimously. IL 2002 BUDGET Ms. Cindy Hobschield, 7277 Old Mill Road appeared before Council and stated that she felt that the budget needed more clarity. Ms. Hobschield stated that she was employed by Columbus Township and felt that the City of Centerville's budget and financial documentation should be in a format more similar to Columbus Township's. The Mayor introduced Police Commissioners Mr. Bob Wright, Mr. Jon Grahek and Police Chief Heckman at 6:55 p.m. Page 1 of2 city ofCenterville October 17, 2001 Council Work Session Meeting Minutes Police Chief Heckman reviewed the police department's budget with Council. Council Member Capra questioned the use of grant funds for hiring additional staff and the ramifications if no additional employees were hired. Chief Heckman stated that if no additional staff members were hired, the funds would need to be refunded. Chief Heckman discussed the purchase of new laptops and equipment. Chief Heckman stated that a recent grant was denied for same. Discussion took place regarding the cities of Circle Pines and Lexington and budget constrains and staffing needs. Council Member Broussard Vickers had questions regarding subsidizing the City of Lexington. Discussion ensued that the Chief, Deputy/Assistant Chief assisted in calls. Mayor Swedberg felt that income exceeding expenditures should be set aside for future salaries. Council Members Capra, Broussard Vickers and Travis supported the vision budget submitted by Chief Heckman and directed staff to place same before Council for consideration at a regular meeting. The Mayor thanked Mr. Wright for his history that he brings to the police commission and Mr. Grahek for his technical expertise as a police officer and their work on the proposed police budget. Mayor Swedberg welcomed Chief Heckman and Ms. Moore-Sykes to partricipate in a monthly luncheon. Ms. Sanna Buckbee, 7381 Peltier Lake Drive stated that Council must be mindful of continued spending habits. Lengthy discussion ensued and line item review was completed by Council. Discussion involved budget costs of personnel, revenue versus taxes, per diems, police budget and impact on households. m. ADJOURNMENT No motion was made. Transcribed by: Teresa Bender, City Clerk Page 20f2 City of Centerville October 24, 2001 Council Meeting Minutes CITY OF CENTERVILLE CITY COUNCIL MEETING OCTOBER 24, 2001 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on October 24,2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Mayor Swedberg ., Jl ~:~1m:E~;~~~: ....... ...r9@l!lfl~ ::Oil Momb" Unda Bro~~~U ABSENT: STAFF: City Administrator, Ms. Moore-Sykes City Engineer, Mr. Tom Peterson City Attorney, Mr. Jim Hoeft Public Works Director, Mr. Paul Palzer I. CALL TO ORDER Mayor Swedberg called the October 24,2001, City Council meeting to order at 6:34 p.m. II. SET AGENDA Under Old Business add the Lion's Haunted House and Turcotte Property - (Ro-So Contracting) as items number 13 and 14 respectively. Under New Business add the Holiday Party and Centerville Elementary Peace Site Recognition as items number 2 and 3 respectively. Motion by Council Member Nelson. seconded bv Council Member Capra to approve the a!!:enda as amended. All in favor. Motion carried unanimouslv. III. PUBLIC HEARING (8) I. Preliminary Plat - The Shores Mayor Swedberg opened the public hearing at 6:42 p.m. Mr. Bart Rehbein, 1659 Lakeland Circle, appeared before Council and reported that Glen Rehbein Companies had contact Anoka County in regards to a trailway through the sub- Page I of 25 City of Centerville October 24, 2001 Council Meeting Minutes division. Mr. Rehbein stated that Anoka County felt that the trail should be placed on the east side of County Road 14 and a letter would be forwarded regarding same. Glen Rehbein Companies requested that their engineering firm be allowed to complete the design work and construction plans within the plat rather than the City's engineering firm and then reviewed by them. City Engineer Peterson stated that construction would commence this year. Mr. Peterson discussed that a feasibility study had been completed in the past for a neighboring subdivision rather than bringing services down County Road 14. Mr. Peterson stated that he would prefer that all new subdivisions are serviceable by city sewer and water. Mr. Peterson also stated that soil issues may occur new the Lakeland Hills subdivision. Mr. Peterson stated that a feasibility study would forwarded to Council at their second meeting in November. Mayor Swedberg questioned the reasoning for not placing services in this area when the Buechler Estates subdivision was built. Mr. Peterson stated that the City had not received a petition from residents to do so, that a minimal number of residents would have benefited and same would have been a rather expensive project. Mr. Jerry Latender, 1397 Mound Trail, stated that he had concerns regarding Anoka County widening County Road 14. Discussion ensued regarding Anoka County's request for funding in 2005 for same. Mr. Peterson stated that the water main would be buried seven (7) to eight (8) feet below the surface so same would not be a problem. Motion bv Council Member Broussard Vickers, seconded bv Capra to close the public hear at 7:00 p.m. All in favor. unanimously. Council Member Motion carried IV. APPEARANCES/AWARDS 1. Juran & Moodv (Pheasant Marsh Bond) Mr. George Eilertson appeared before Council to discuss the bond issuance for the Pheasant Marsh subdivision. Mr. Eilertson stated that bids were received that morning and subsequent to review, United Bankers Bank was the lowest bidder. Mr. Eilertson stated that United Bankers Bank also submitted a bid for the Hunter's Crossing subdivision and was awarded same. Mr. Eilertson suggested that Council award United Bankers Bank as the successful underwriter of same. Mr. Eilertson stated that there was a $20,000 difference between the lowest bid and the second lowest bid. Mr. Eilertson stated that the bond will be issued as of November 1, 2001 with monies available on November 19,2001. Council Member Broussard Vickers questioned whether Mr. Hoeft had reviewed same. Mr. Hoeft concurred. Page 2 of 25 City of Centerville October 24. 2001 Council Meeting Minutes Motion by Council Member Broussard Vickers. seconded bv Council Member to adopt Resolution #01-020 awardinl!: the sale of $990.000 General Oblieation Improvement Bond based on the attorney's recommendation and the appropriate numbers beine placed in the document as presented bv United Bankers Bank. All in favor. Motion carried unanimously. Mr. Eilertson requested that the Mayor and City Administrator accept the bid presented by United Bankers Bank. Same signed the appropriate documentation. 2. Mr. and Mrs. Ken Carpenter. 6985 - 20th Avenue North - Zoning of Residence Mr. Carpenter stated that he owns two (2) parcels, one in which his home is built on and another that abuts same where his business is operated. Mr. Carpenter stated that both of his parcels are zoned Commercial. Mr. Carpenter stated that when he built his home it was allowable to construct a residence in a Commercial District; however, it was not allowable to build a commercial business in a Residential District. Mr. Carpenter desired to refinance his home and was informed by staff that his residence was none conforming and if destroyed more than 50% he could not rebuild. Mr. Carpenter felt that the City changed the rules midstream without notifying him of same. City Administrator Moore-Sykes stated that the lender had been notified that the property was zoned commercial and had contacted the City for additional information. Council Member Capra questioned whether Mr. Carpenter was informed by the underwriter of his mortgage or by City Staff that his property was nonconforming. Ms. Moore-Sykes indicated that the underwriter had informed him that his property was non- conforming and then he came to City Hall to look into the matter and City Staff told him as well. Mr. Hoeft stated that it appears that the property has always been zoned Commercial and should not have been constructed. Mr. Hoeft stated that the residence is considered a pre- existing condition and non-conforming. Mr. Hoeft stated that the City has not done anything improper in this matter. Mayor Swedberg questioned Mr. Hoeft as to the ability of Mr. Carpenter to sell this residence. Mr. Hoeft stated that Mr. Carpenter could sell the home as Commercial property. Mayor Swedberg indicated that Mr. Carpenter had a very deep lot and asked if the commercial zoning covered the entire lot or just the front portion of that lot. Council Member Broussard Vickers indicated that the entire parcel would be zoned commercial as it is listed under one (1) PIN number. Mr. Carpenter stated that he had followed City Code and questioned how he could now be penalized. Page 3 of 25 City of Centerville October 24, 2001 Council Meeting Minutes Ms. Moore-Sykes indicated that nothing had changed with the City Code and suggested that perhaps the lender changed the way it looks at things as compared to years ago when the structure was built. Mr. Carpenter indicated that if nothing had changed with the City Code, he should be able to get the loan. Ms. Moore-Sykes indicated that whether or not to grant the loan was up to the discretion of the lender. Council Member Broussard Vickers commented that Mr. Carpenter was asking Council to make his property conforming in order to be able to qualify for the loan Mr. Carpenter indicated the house was conforming when he bought the first permit and should be conforming today. Mayor Swedberg asked whether Mr. Carpenter was attempting to obtain a guaranteed loan. Mr. Carpenter indicated it was a guaranteed loan and said that every other village that he knows of makes grandfather clause concessions so as not to hurt its residents. Council Member aroussard Vickers indicated the concession is that since the house was built he could continue using it as long as he wants to but cannot expand it or rebuild it if it is destroyed. Council Member Travis indicated that Mr. Carpenter could ask for a rezone of his property. Mr. Carpenter questioned why he should have to worry about this when he was legal in the beginning. Council Member Broussard Vickers indicated the ordinances were changed after the house was built. Mr. Carpenter noted that Council had said it held public hearings and then changed the ordinances. He then asked how he would have known that this would affect his home until he went to refinance. Ms. Moore-Sykes indicated that all public hearings are noticed in the newspaper. Mr. Carpenter indicated he would not have known that the proposed ordinance changes would affect him until he went to refinance his home. He then asked Council to think about what they were doing to him and his family. Page 4 of 25 City of Centerville October 24, 2001 Council Meeting Minutes Mayor Swedberg indicated the property had always been zoned commercial and the structure had always been non-conforming. Mr. Carpenter indicated that, at the time he bought the house, it was conforming. He then stated that if it was conforming in the beginning it should be conforming now. Mr. Carpenter indicated that the lender has said it is a high-risk loan because the structure is non-conforming. He then indicated he had all the inspections and paid the permit fee and now has to tell potential buyers that the structure is non-conforming. Council Member Capra indicated that, back in 1973, there were other issues with regard to people living on the property because it was zoned commercial. Mr. Wilharber suggested that maybe a solution would be to split the lot into commercial and residential zoning noting the lots depth and shape would lend itself to doing so. He then agreed with Mr. Carpenter that selling the property is an issue because he would need to inform buyers of the nonconformity of the structure. Council Member Capra commented she did not feel Mr. Carpenter could claim total ignorance ofthe issue as the property was always zoned commercial. Mr. Carpenter indicated the lender is stuck on the word "compliant" and noted that the lender is concerned because the structure cannot be rebuilt if it bums down. Mayor Swedberg asked if it were legal for the City to say that Mr. Carpenter is compliant in order to help him obtain financing. City Attorney Hoeft indicated the City could not say that Mr. Carpenter's residence was compliant with City Code because it is not. Mr. Carpenter indicated that he feels the City should make a modification so that those residents paying taxes and following all the rules can realize their investment. He then said the City cannot take his investment away from him. City Attorney Hoeft indicated the property owner could apply for rezoning and noted that request would be considered through the Planning and Zoning Committee and then by Council. He then cautioned Council that rezoning Mr. Carpenter's property could be considered spot zoning and said the matter would need to be investigated. Council Member Broussard Vickers pointed out that the City changes ordinances when it realizes that things could be done better. She then noted that doing so creates non- conforming structures and said the way the City deals with that is by allowing the use to continue but not be changed or modified. Mr. Carpenter suggested the City buy his house. Page 5 of 25 City of Centerville October 24, 2001 Council Meeting Minutes Council Member Broussard Vickers indicated that the lender's interest would be protected by an insurance policy and said she feels the lender is being more of a stickler on this matter than lenders have been in the past. Council Member Broussard Vickers told Mr. Carpenter that being allowed to build the house there did not make it conforming. Mayor Swedberg indicated he felt there is some merit to consider rezoning considering the depth of the lot and the zoning of other property in the area. Mr. Carpenter asked if rezoning the property was in the best interest of the City. Mayor Swedberg indicated he was not sure how to solve Mr. Carpenter's problem. Mr. Carpenter asked why he could not have an amendment if he was zoned properly and grandfathered in with all the rights. Mr. Carpenter said if the structure bums down in 5 or 6 years when he retires he would not rebuild it but he would need to do so if it burned down prior to that time. Council Member Travis asked if Mr. Carpenter was opposed to the rezone. Mr. Carpenter asked the City to check with other villages and see how they handle these types of matters. City Attorney Hoeft indicated that in years' past, the rules were different from community to community as far as the standards for non-conforming, pre-existing structures. He then indicated that the legislature had decided this year to pass legislation indicating that for pre-existing non-conforming structures in all statutory cities, the law is, if the structure is destroyed by more than 50% in value it cannot be rebuilt, and it cannot be expanded and the City has no ability to change that. Council Member Broussard Vickers indicated the only way to solve the problem would be for the City to consider rezoning the property. Mr. Carpenter said he would like a copy of the state statute Mr. Hoeft had quoted. He then indicated he wanted to sit down with the City Attorney and have him explain it to him because he hired the attorney just like everybody else did. Council Member Broussard Vickers indicated it would be helpful if the City Attorney would give Mr. Carpenter a copy of the statute but said she did not feel it is the City's job to advise Mr. Carpenter and said he should get his own attorney to interpret the statute for him. Mr. Carpenter indicated that he bought the permit and jumped through all the hoops and he thinks he should be conforming. He then questioned why Council does not think his Page 6 of 25 City of Cenlerville October 24,2001 Council Meeting Minutes ability to understand the statute is a legal issue for the City. He further questioned why, if he pays taxes, he cannot use the services of the City Attorney. Council Member Broussard Vickers indicated that the City has no legal issue in this matter as the structure is non-conforming. Council Member Nelson agreed with Council Member Broussard Vickers. Council Member Broussard Vickers indicated that Mr. Carpenter did not agree with the City but said his not agreeing with the City is not a legal issue for the City. Mayor Swedberg indicated Council needed to move forward with the meeting and suggested Mr. Carpenter contact the City Administrator to obtain a copy of the state statute and any other relevant paperwork he needed to proceed with the rezone request. 3. Mr. Dan Skoog, 1613 Peltier Lake Drive - Visa. Internet and Debit Card Use Mayor Swedberg indicated the City had received a letter from Mr. Skoog requesting that the City accept payment for services by Visa, internet, and debit cards. City Attorney Hoeft indicated that the legislature had approved a law that allows cities to accept credit cards but not debit or cash cards. Council directed City Administrator Moore-Sykes to check into the matter and determine what was necessary to begin accepting credit cards for City services. V. CONSIDERATION OF MINUTES 1. October 10.2001 Council Meeting Minutes Council Member Capra requested the following changes: On Page 8 in the third sentence change "the" to "a". Change the spelling of "Buckby" to "Buckbee" through out the document. On Page 14, in the motion, indicate the amount of the reimbursement to Ken Cook as $7,386.44. On Page 18, fourth paragraph change "criterion" to "criteria". Motion by Council Member Nelson. seconded by Council Member Capra to approve the October 10. 2001 Council Minutes as amended. All in favor. Motion carried unanimously. VI. PETITIONS AND COMPLAINTS None. VII. OLD BUSINESS Page 7 of 25 City of Centerville October 24, 2001 Council Meeting Minutes 1. Preliminarv Plat (The Shores). Glen Rehbein Mr. Rehbein indicated that there was still an issue concerning the weight restriction posting on Mound Trail. He then indicated he could enter the development off of the County Road 14 access until the County realized he was doing so and shut him down. Council Member Capra asked whether the soil boring to determine how the road should be rated had been done. City Engineer Peterson indicated that he and City Staff had measured the depths of the materials in the road and said that Mr. Buechler had provided borings that were done back when the plat was done from Mound Trail straight out in front of his development. Council Member Broussard Vickers indicated she did not think Council should have to keep revisiting this whenever a truck has to travel on Mound Trail. Mr. Rehbein indicated that when this plat is done there would not be any more construction on Mound Trail. Council Member Broussard Vickers indicated she had no problems with the plat but said the City needs to determine whether or not City water will be run to the development. Council Member Capra asked if the City needed to clarify the trail location. Council Member Broussard Vickers indicated she did not see where the Park and Recreation Committee had drawn the trail on the map provided. Council Member Capra pointed out the trail location on the map. Council Member Broussard Vickers indicated that Mr. Rehbein could bond for the road to ensure that there would be funds available to fix the road if it were damaged. Mr. Rehbein's surveyor asked if Council could approve the preliminary plat subject to the trail and water determination. City Attorney Hoeft indicated that Council could approve the preliminary plat subject to those conditions. Council Member Travis noted Mr. Rehbein still had to provide a grading plan and noted that the developer's agreement and the final plat still needed to be approved. Council Member Capra asked what the City's time frame was. City Attorney Hoeft indicated that the City was under no time frame at the moment. Page 8 of 25 City of Cenlerville October 24, 200 I Council Meeting Minutes Mr. Rehbein indicated that the only thing critical for him is his purchase agreement and indicated that he did not want to close on the property until he received final plat approval from the City. Council Member Nelson indicated there were several steps necessary before final plat approval would be given. Mr. Rehbein indicated he was hoping to have final plat approval by the middle of December so that he could close on the property. Council Member Nelson indicated she was fine with approving the preliminary plat as long as it is made clear that there needs to be some kind of bonding for the road. She then indicated that the City is considering bringing water to that development and noted that a large portion of the cost to do so would be Mr. Rehbein's responsibility. Council Member Broussard Vickers noted she felt that the middle of December was an aggressive time line for final plat approval because, even if Council ordered the feasibility study tonight, it would be the first week in December when the public hearing would be held. She then suggested Mr. Rehbein should renegotiate his closing date. Mr. Rehbein indicated that when the closing date was determined he did not think that water was going to be an issue with this development. Mayor Swedberg questioned whether the City had a policy of requiring that the City Engineer do the engineering work involved with the development. City Attorney Hoeft indicated that the City typically has the City Engineer do the work as the developer or landowner does not usually have the expertise needed to do the work. He then indicated he did not feel it was an issue to allow the developer to use his staff to provide the documents, provided the developer is willing to pay for and be bound by the inspection of the City Engineer. Council Member Broussard Vickers indicated the City had never been asked to allow a developer to do the engineering work. Mayor Swedberg questioned whether Mr. Hannah would have asked to be allowed to use his own engineer. City Attorney Hoeft indicated that Mr. Hannah could have used his own engineer but said that he feels that looking at the cost benefit analysis it was cheaper to use the City Engineer in Mr. Hannah's case. Mayor Swedberg thanked City Attorney Hoeft for his comments and indicated he did not want to go against any City policy. Page 9 of 25 City of Centerville October 24, 200 I Council Meeting Minutes City Attorney Hoeft indicated that if Mr. Rehbein wanted his own attorney to draft the developer's agreement he would have no problem with that. Mr. Rehbein's surveyor clarified that the hold up is the feasibility study for bringing water to the development. City Attorney Hoeft indicated that Council could make a motion to approve the preliminary plat conditioned upon further review of Mound Trail bonding, the water main extension, and the trail. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to approve the preliminary plat for The Shores conditioned upon further review of Mound Trail bonding. the water main extension. and the trail location and specifications. All in favor. Motion carried unanimously. Mr. Rehbein indicated he could design the plat with the water main assuming it is coming in and proceed with the process. Mayor Swedberg asked if there was a reason that one well could not service several houses. City Attorney Hoeft indicated it was not a good idea. Mr. Rehbein indicated that it was not uncommon for septic systems to be shared but said it is not advisable to share water supplies. Council Member Travis asked if there was an easement for the lift station. Mr. Palzer indicated that there was. Mr. Rehbein's surveyor indicated he had been told that Mound Trail was vacated. He then questioned whether the utilities maintained their rights when the road was vacated. City Engineer Peterson indicated that the easements for utilities were still there. Mr. Rehbein questioned if there would be a problem with where the County and the City would like the trail located. Council Member Broussard Vickers indicated that the County and City trail may be one in the same and noted that there would need to be an easement for trail way included in the final plat. Mr. Rehbein asked how he would receive direction concerning the trailway. Council Member Broussard Vickers directed Staff to contact the Park and Recreation Committee to determine the recommendation for the trail location and to contact Mr. Rehbein with the information. Page 10 of25 City of Centerville October 24, 2001 Council Meeting Minutes Motion bv Council Member Broussard Vickers. seconded by Council Member Capra to order a feasibilitv study to extend the water main to The Shores from Bonestroo in an amount not to exceed $5.000 to be presented at the second meetinl! in November. All in favor. Motion carried unanimously. Council Member Travis asked who would pay for the study, Council Member Broussard Vickers indicated the City would pay for the study. City Engineer Peterson clarified that the City pays the up front costs and can recoup the costs in the construction costs. Mr. Rehbein's surveyor asked when he could expect final plat approval. Council Member Broussard Vickers indicated she would not want to approve the final plat until the water issue was settled. Council Member Broussard Vickers indicated that the City would need to consider information obtained at the public hearing at the first meeting in December and then decide. 2. Resolution #01-020 - Awarding the Sale of $990.000 G.O. Improvement Bond- Pheasant Marsh Discussed previously. 3. Resolution #01-021 - Abatement of Special Assessments (Parkview Addition) 1723 Meadow Lane Motion by Council Member Capra. seconded bv Council Member Broussard Vickers to approve Resolution #01-021. a resolution for abatement of special assessments (Parkview Addition) 1723 Meadow Lane. All in favor. Motion carried unanimously. 4. R & R Leasing - Special Assessment Split Request Mayor Swedberg noted this matter had been tabled for more information. Council Member Travis indicated that R & R Leasing had requested an assessment split not a lot split. City Attorney Hoeft concurred that R & R Leasing had requested an allocation assessment. He then indicated that Council is not being asked to do something that is wrong or bad but something that is out of the ordinary course of action. Council Member Broussard Vickers indicated she was not interested in approving the request as she feels the City should collect the assessment in full as is the normal course of action. Page 11 of25 City ofCenterville October 24, 2001 Council Meeting Minutes City Attorney Hoeft indicated that there was 31.95% of the assessment escrowed and said Mr. Rehbein is not interested in paying the rest of the assessment at this time. Motion bv Council Member Broussard Vickers. seconded bv Council Member Nelson to deny the request bv R & R Leasine: for an assessment allocation. All in favor. Motion carried unanimously. 5. Ms. Sanna Buckbee Request for Information Council Member Broussard Vickers asked Staff to tell her what information had been provided to Ms. Buckbee. She then asked if Council needed to explain its reasoning and rationale behind the choices it made as is requested in the letter, or if the minutes of the meeting would suffice. City Attorney Hoeft indicated that Ms. Buckbee had made an information request and a document request and noted he felt the minutes would suffice. He then indicated that any further information that Ms. Buckbee wished to receive could be handled through either his office or the City Administrator's office. Council Member Broussard Vickers clarified that the City would not be out of compliance by providing Ms. Buckbee with minutes as it would be giving her what information the City does have. City Attorney Hoeft agreed. City Attorney Hoeft indicated that he thought Ms. Bender had been compiling the information requested and said he did not think any of the information had been released to Ms. Buckbee. Council Member Broussard Vickers stated that the letter was received on September 18, 2001 and said she feels that this information needs to get to Ms. Buckbee as soon as possible. Council Member Capra indicated she had discussed this request with Ms. Bender and Ms. Bender had indicated that she was not sure how to respond to the request due to the request for Council's rationalization of choices and that is why it was held and placed on Council's agenda for discussion. 6. Liquor Policy Council Member Capra indicated that this item was tabled until a new City Administrator was hired and noted that liquor license renewals come up in December. Council Member Broussard Vickers indicated that the fees to renew are due in December and indicated that how the City governs the liquor license can be redone at any time. Page 12 of25 City of Centerville Octnber 24, 2001 Council Meeting Minutes Council Member Broussard Vickers indicated that she felt the ordinance needs to be reviewed but said she felt that this matter should be pushed back until January or February when things slow down a bit and Ms. Moore-Sykes will be settled in. Council Member Travis indicated that the League of Minnesota Cities may have something the City could use for a model ordinance. Council recessed at 8:23 p.m. to switch the tape. Council reconvened at 8:30 p.m. 7. Budget/Deferred Como./Union Contract (Update) Council Member Capra indicated she and Ms. Bender had met with Abdo, Eick and Meyer last Tuesday and comprised a list of documents that needed to be gathered to bring the City into compliance. She then indicated that Mr. McDonald had some questions that were forwarded to city Attorney Hoeft and noted that the City would be receiving a letter from the consultant concerning the process. Council Member Capra indicated that the majority of the City's records were in computer files and said that she had asked the public works staff to pull the files from 1996 and 1997 out of storage. She further indicated that she will work with Staff to copy the old records and noted that Abdo, Eick and Meyers would contact PEBSCO to obtain information from them to cross-reference with the City's information. City Attorney Hoeft indicated he had exchanged messages with Mr. McDonald and said Mr. McDonald had indicated a letter would be sent to Council concerning the process. He further indicated that a letter would be sent to his office concerning the fees and services to be provided by Abdo, Eick and Meyers. Council Member Capra indicated that they had set the date of November 7, 2001 to have all the information ready to give to the auditor for review. She then indicated that the City would need to send a letter to PEBSCO authorizing them to release information to the auditor. 8. Quad Cities Police Department (Update) Mayor Swedberg indicated that there was a budget meeting where the vision budget which included authorizing the hiring of two sworn officers and a community service officer was approved. He then indicated that Circle Pines and Lexington are attempting to determine what level of support they can offer to the budget. Mayor Swedberg indicated that Centerville would be hosting the next meeting and indicated he would provide Ms. Moore-Sykes with that date. He then indicated he would provide donuts and orange juice. Page 13 of 25 City of Centerville October 24,2001 Council Meeting Minutes Council Member Travis indicated the next Quad Cities Police Meeting was scheduled for November 15,2001 at 7:30 a.m. at Centerville City Hall. Council Member Broussard Vickers asked if there was discussion on the consultant. Mayor Swedberg indicated there was no discussion concerning the consultant but said in previous discussions it was mentioned that a pro bono individual from certain police agencies and the state police was being considered. 9. Reception for Ms. Kim Moore-Svkes (Update) Mayor Swedberg indicated Council would like to introduce the new City Administrator and asked Ms. Moore-Sykes to select a date for the reception and he will bring the cake and punch. 10. Laurie LaMotte Park - Vinco Overages (Update) City Engineer Peterson indicated that per Council Member Travis' request he discussed the overage with Vinco who had agreed to discount the invoice by 36 cubic yards. He then indicated they were not required to do so and said he feels it is a gesture of good will on their part. Council Member Travis indicated that puts that one item at $25,000 over budget. City Engineer Peterson indicated that some items were lower than the price that was bid and some items were higher. He then indicated that when the City bids by unit prices some may be lower than others and this one was high. Council Member Broussard Vickers clarified that out of the 286 cubic yard overage Vinco was only willing to discount 36 cubic yards. City Engineer Peterson indicated the actual measurement was 436 cubic yards and noted the City had paid for 150 cubic yards and still owes Vinco for 250 cubic yards. Mayor Swedberg noted the amount of yards was discounted by less than 10%. City Engineer Peterson agreed but said Vinco was not required to do any discounting. Council Member Broussard Vickers suggested keeping this incident in mind for the future. Mayor Swedberg asked how there ended up being such a difference in granular. Council Member Travis commented that there was supposed to be 4 inches of clay on top of the sand. City Engineer Peterson indicated that the contractor had to remove more clay and, therefore, had to put back more fill and build it up to allow for proper drainage. He then Page 14 of25 City of Centerville October 24,2001 Council Meeting Minutes commented it is fairly common to go over on aggregate base material but said not when the price is $100 per yard. Council Member Travis indicated the City has the right to audit them if it wants to fight the invoice because the company would have to justify the costs. He further commented that the City is a public entity and has the right to audit if it wants to. City Engineer Peterson questioned whether the City wanted to put every item under the microscope as some items were under and some were over. Council Member Travis commented it could cost the City a lot of money to fight the mVOlce. Mayor Swedberg asked if the audit procedure was a legal procedure overseen by the City Attorney. Ms. Moore-Sykes indicated the City would need to hire an accounting consultant to investigate the matter. Council Member Travis indicated that the $100 per cubic yards was valid when the quote was for 120 yards but noted that the quantity had tripled and said he costs of getting the materials could not have tripled. Ms. Moore-Sykes asked if the City had been notified of the overage. City Engineer Peterson indicated that there had been no indication until the invoice arrived. He then explained that the contractor would not have known ofthe overage until it was measured. He further explained that he and the contractor had made marks on the boards and calculated the area times the depth to verify that the amounts were correct. Council Member Broussard Vickers asked if the City could send a letter requesting that the company justify the expenditure of $100.00 per yard. City Engineer Peterson said the contractor had justified the amounts to him and had indicated that the cost included hauling the material from the trucks to the pit and the labor it took to push the sand and compact it. Council Member Broussard Vickers indicated she felt the City should ask the contractor for documentation supporting the $100.00 per yard price. City Engineer Peterson indicated that he had been told by the contractor that the amount figured to be $100.69 per yard. Council Member Broussard Vickers clarified she is looking for justification beyond the 120 yards. Council directed Ms. Moore-Sykes to send a letter to the contractor asking for justification of the per yard pricing for yards beyond 120. 11. F.M. Frattalone Excavating (Update) Page 15 of25 City of Centerville October 24, 2001 Council Meeting Minutes City Engineer Peterson indicated that Mr. Buechler had provided two borings that were done in front of his five lots. Council Member Broussard Vickers indicated that, until Mr. Buechler comes back asking for a permit, there is no issue. 12. City of Circle Pines Proposal for Joint Building Inspections (Update) Mayor Swedberg indicated he would like to hear the comments of Mr. Palzer concerning the proposal of Circle Pines for joint building inspections. Ms. Moore-Sykes indicated she had talked to the City Administrator from Circle Pines and was told that Circle Pines is still interested in working with Centerville for joint building inspections. She then indicated that she had been asked to notify the City Administrator from Circle Pines of Council's decision the morning following the meeting as he needed to sign a contract with the contingency inspector. Mayor Swedberg asked for a recommendation from Ms. Moore-Sykes. Ms. Moore-Sykes indicated she was concerned with how Staff time could be split to ensure that the same amount of Staff time would be devoted to building inspections in Centerville as in Circle Pines. Council Member Nelson commented that with the proposal of Circle Pines to pay 145% of the cost of wages to do Circle Pines inspections, taking into account overtime paid at time and a half, the City of Centerville would be paying Circle Pines 5% to do their inspections. Mr. Palzer indicated that he felt there would need to be an additional public works person and an intern hired by the City to accommodate the work load increase. He then stated he felt there needed to be more research into the specifics of what the proposal would cost the City before agreeing to the contract. Mr. Palzer recommended turning down the offer at this time as the City needs to do more research and Circle Pines has indicated it does have a contingency plan in place should Centerville not agree to the contract. It was the consent of Council to turn down the offer of Circle Pines for joint building inspections. 13. Lions Haunted House Council Member Capra indicated that she felt it may be prudent to have the fire inspector make sure the haunted house passes fire codes due to liability reasons. Council Member Broussard Vickers indicated that the Lions would be providing an insurance certificate for the event. Page 16 of25 City of Centerville October 24,2001 Council Meeting Minutes Council Member Capra indicated that, even with an insurance certificate, the City could be held responsible as the event is held in a city-owned building. It was the consent of Council to ask the fire inspector to check the haunted house for compliance with fire codes. 14. Turcotte Propertv Review Ms. Moore-Sykes indicated she had received a quote to tear down the structures, disconnect the sewer, cap the well, and fill the hole in the amount of $5,125.00. She further indicated that the estimate assumed that the house would be removed by a house mover. Mayor Swedberg asked whether the property was worth more with or without the buildings. City Attorney Hoeft indicated that a clean, flat piece of property is more attractive to a developer than one with an old duplex on it. City Attorney Hoeft indicated that if a house mover takes the house the City would need to contract with someone to do the work listed in the estimate. Council Member Broussard Vickers indicated she did not think the City would find someone to move it because moving a house even a short distance can cost $10,000 to $20,000. Council Member Travis indicated he thought the estimate was reasonable. Council Member Nelson suggested moving forward with the quote. Council Member Travis indicated that the City did not have to remove the structures but said it makes for a cleaner site. Council Member Broussard Vickers indicated the City would have to clean up the site at some point and indicated there would be Staff time involved to continue checking on the buildings if they were not removed. Council Member Broussard Vickers did not believe someone would buy the home. Ms. Moore-Sykes indicated there could be a liability issue for the City with trespassers or loitering at the vacant property. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to direct Staff to contact home movers to see if any are willine to take the house for the cost to move it and to direct Staff to enter into a contract with Ro-So to have the site cleaned up and the hole filled in. Page 17 of25 City of Centerville October 24, 2001 Council Meeting Minutes Council Member Travis indicated he thought the house would have brought more but after looking at it closely it looks nice but it is older than it looks and it would cost a lot of money to renovate and bring it current. Council Member Capra indicated that the multiple foundations underneath the house could cause problems for the home mover. Council Member Broussard Vickers indicated there is too much to replace to consider updating the house. Council Member Travis commented that the City needed to consider all the costs associated with this property when offering it for sale and make sure that the City recoups its funds. Council Member Broussard Vickers indicated she thought the value of the property would increase when the City bought it and removed the buildings. City Attorney Hoeft told Council it needed to keep in mind that the City was attempting to get an important piece of property for the City to redevelop and indicated that a profit would be nice but may not be possible. He indicated that one of the costs involved with obtaining and redeveloping the property may be a municipal subsidy to the developer to make it happen. He further indicated that the City should keep track of costs but may not see a specific profit outside of an improved look and more taxes. Vote: Ayes - 4, Nays - I(Swedberg). Motion carried. VIII. NEW BUSINESS 1. Resignation of Chaymus Klang, Cable Operator/Letter of Interest Mayor Swedberg indicated that Chaymus Klang had notified the City of his intent to resign. He then indicated that Mr. Klang attends the University of Minnesota and was resigning because the meetings were lengthy and his school work was suffering. Mayor Swedberg indicated Council accepted his resignation with great regret and thanked him for everything he has done for the City. Chaymus Klang thanked Council for their kind words. Council recommended accepting the offer of Kim Stephan to act as the City's cable operator. 2. Holiday Party Page 18 of25 City of Centerville October 24, 2001 Council Meeting Minutes Council Member Capra requested that Ms. Moore-Sykes confirm that a reservation for the holiday party was made at Majestic Oaks. Council Member Capra indicated she had researched the costs involved with the holiday party at Kelly's and suggested that the City's money may be better spent by hosting a cook out at City Hall to coincide with National Volunteer Day in April. Council Member Nelson indicated that the City may have better participation in an event in April because around the holidays people are so busy with other parties. Council Member Broussard Vickers indicated she did not have a problem with Council Member Capra's suggestion. Council Member Capra indicated that the City spent approximately $700.00 on the event at Kelly's and said she feels that the event could be more cost effective if held at City Hall. 3. Centerville Elementary Peace Site Recognition Council Member Capra indicated that she and Council Member Travis had attended the ceremony at Centerville Elementary dedicating them as a W orId Peace Site and noted the ceremony was very touching. Motion by Council Member Capra. seconded bv Council Member Nelson to present Centerville Elementarv School with a Certificate of Reco~nition for its efforts to become a World Peace Site. All in favor. Motion carried unanimously. IX. CONSENT AGENDA I. The City ofCenterville October 11,2001 through October 24, 2001 Expenditures. 2. Centennial Fire District Expenditures 3. Resource Strategies Corp. - Compo Plan Amendment (Pheasant Marsh) $2,931.53 Council Member Broussard Vickers requested that Item 3 be removed for discussion. Council Member Nelson requested that Item 1 be removed for discussion. Motion by Mayor Swedber~. seconded by Council Member Nelson to aoorove Consent Agenda Item 2 as oresented. All in favor. Motion carried unanimously. Council Member Nelson questioned why Paul Palzer had two payroll checks. Mayor Swedberg indicated that he and Council Member Travis had discussed the matter and had determined that one of the checks was for comp time which the City allows employees to be paid for if they choose. Page 19 of25 City of Centerville October 24, 2001 Council Meeting Minutes Council Member Nelson asked if Mr. Palzer had used all of his comp time. Mayor Swedberg indicated that he had not. Council Member Capra indicated that, at one time, the City had over $10,000 in outstanding comp time pay. She then indicated that she had asked Ms. Moore-Sykes about it and it was determined that the matter should be discussed at the budget work seSSlon. Ms. Moore-Sykes indicated that it is typical for cities to allow an employee to make the determination to take time off for comp time or be paid for it. Council Member Capra asked if there was a limit to the amount of comp time an employee could accrue. Ms. Moore-Sykes indicated the City could set a cap and when that cap was reached the employee would either have to take time off or be paid for the comp time. She further explained, however, that the City could not limit the amount of comp time over all. Council Member Travis indicated that comp time is covered in the City's personnel policy. Motion by Council Member Nelson. seconded by Council Member Capra to approve the Citv of CentervilIe expenditures from October 11. 2001 throueh October 24. 2001. All in favor. Motion carried unanimously. Council Member Broussard Vickers questioned why the invoice from Resource Strategies Corporation was on the agenda for the City to pay when it is a Ground Development invoice. City Attorney Hoeft asked if Ground Development had paid the City the administrative fee. Council Member Broussard Vickers indicated she was not sure but said it seems that the invoice is straight forward enough to be sent directly to Ground Development without the City getting involved. Council directed Staff to send the invoice to Ground Development for payment. XI. COMMITTEE REPORTS 1. Standardized By-Laws Council Member Capra indicated she felt this matter should be discussed by Council based on the comments made by Mr. DeVine at the last Council meeting. She then indicated that she feels that standardized by-laws are important and act as a tool for residents serving on committees as to what the rules are and what is expected of them. Page 20 of 25 City of Centerville October 24,2001 Council Meeting Minutes Council Member Broussard Vickers indicated she was not sure why committees needed by-laws. Council Member Nelson indicated that by-laws act as guidelines for things such as the open meeting laws that committee members need to understand. She also indicated that by-laws would instruct committee members that they make recommendations to Council and do not make decisions on their own. Council Member Broussard Vickers indicated that she never looked at the by-laws when she was on a committee and still knew what was expected of her. Council Member Capra indicated that when she joined the EDC she never got by-laws and said that she felt it would be good procedure to provide by-laws to the committees to make sure they know the rules. Mayor Swedberg indicated that Council has a lot of budget work right now and is also dealing with the deferred compensation issue. He then suggested postponing this item until a quieter time of year. Council Member Capra indicated she was willing to come up with a basic draft of a set of standardized by-laws for the committees to present to Council for discussion. Council Member Nelson indicated she would like to see the City present a standardized set of by-laws to its committees. City Attorney Hoeft indicated that the City had no requirement for by-laws but said if Council wishes to use them as a way of achieving consistency it is fine to do so. Council Member Capra commented she feels that committees need to know they are bound by open meeting laws in order to avoid any sticky situations. Mayor Swedberg asked how much of the City Administrator's time Council Member Capra was asking for. Council Member Capra indicated she did not need any time from Ms. Moore-Sykes and said she is willing to do the work herself. Council Member Capra and Council Member Nelson agreed to work on the draft of the by-laws and said they would report back to Council in the near future. Council Member Broussard Vickers indicated that the Planning and Zoning Committee is very busy and will hold several public hearings at its next meeting. She then indicated that notice was sent to the entire City for the Ordinance #4 amendments but some of the envelopes were delivered without the notice inside. Page 21 of25 City of CenterviIle October 24, 200 I Council Meeting Minutes City Attorney Hoeft questioned whether City Ordinance reqUIres that residents be notified by mail. Council Member Broussard Vickers suggested it may be necessary to continue the public hearing from Planning and Zoning to Council. Ms. Moore-Sykes indicated she had received a number of phone calls concerning the empty envelopes and had sent notices out that day to those that called. She also noted that the notice is in the paper. City Attorney Hoeft indicated that, unless the City's Ordinance specifically requires it, the City does not have to mail notice to the entire community. He further commented that he believes the meeting has been properly noticed and can be held. Council Member Broussard Vickers indicated that the meeting may be continued anyway depending on the input received. Mayor Swedberg asked Ms. Moore-Sykes to make sure the meeting is posted in the vestibule. XI. PUBLIC WORKS DIRECTOR'S REPORT/CLERK/TREASURER'S REPORT 1. Vallev Creek Annual Contract Renewal Mr. Palzer indicated that Valley Creek does the City's mowing and weed-whipping which costs the City between $23,000 and $28,000 per year. Mayor Swedberg questioned when it became cheaper for the City to cut its own grass. Ms. Moore-Sykes indicated that she and Mr. Palzer had been discussing the issue of costs associated with the City cutting its own grass and had determined that it would cost approximately $50,000 up front to obtain the equipment necessary to do so. She then indicated that she intended to continue her research and work with City Staff to determine whether it is fiscally more responsible for the City to purchase equipment and do its own grass cutting or continue to contract out the work. Council Member Broussard Vickers indicated there was time to gather more information before the next meeting. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to table this matter until the next Council meetinl!. All in favor. Motion carried unanimously. Council Member Capra questioned whether Mr. Palzer was recommending that the City enter into an agreement with Hugo and Lino Lakes for emergency management. Page 22 of 25 City of Centerville October 24,2001 Council Meeting Minutes Mr, Palzer indicated that the City of Hugo and the City of Lino Lakes had approached Centerville and asked the City to join a consortium whereby the public works staff from each City would lend its services in the case of an emergency, He then indicated that, at the time it was proposed, the City decided not to join and suggested it may be time to reconsider that proposal. Council Member Capra asked if Mr. Palzer had any further information on protecting the City's well heads. Mr. Palzer indicated the area of protection extends into Lino Lakes and indicated he is working with City Administrator Moore-Sykes to determine Staff recommendation on the matter. Council Member Nelson asked that the City of Hugo and City of Lino Lakes agreement be placed on the next meeting agenda, Council Member Travis indicated that Council had decided not to participate based on the wording of the contract as it was worded to say that the Hugo staff could be off in an emergency in their own City but Centerville would have to respond. Mr. Wilharber indicated that at the time of the proposal, Hugo had only one Staff person and Council had looked at that and decided that Centerville would end up contributing more than it got out of the agreement. Mr. Palzer indicated that Hugo has increased its Staff to two and may have hired a third person. Mayor Swedberg asked if there would be a cost reimbursement for going to the other cities. Mr. Palzer indicated that he receives daily emergency management information and indicated he will continue to share that information with Ms. Moore-Sykes and will leave dissemination of that information up to her. City Attorney Hoeft indicated he had been asked to check the developer's agreement for Centervilla to determine whether the City had agreed to pay for the oversizing of the water main. He then indicated that the contract does not break out any oversizing costs and states that the developer agrees to pay the entire cost of improvements. Mayor Swedberg asked Ms. Moore-Sykes to send a letter to the developer of Centervilla based on the Attorney's comments. Council Member Travis questioned whether the pipe was oversized. City Engineer Peterson indicated that there was a lO-inch water main put in. Page 23 of 25 City ofCenterville October 24, 2001 Council Meeting Minutes Ms. Moore-Sykes reported she would be doing the week in review report on Fridays starting on October 26, 2001. Ms. Moore-Sykes indicated that there was a budget work session on October 30, 2001 at 6:30 p.m. and indicated there had been a request for approval of an executive session. City Attorney Hoeft asked City Administrator Moore-Sykes to create an agenda for the executive session and post it three days in advance of the meeting. Council Member Broussard Vickers clarified that when Council holds closed session discussions there are to be no motions and Council should take notes. Ms. Moore-Sykes indicated she had received a request to put the bobcat purchase on the agenda for discussion at the next meeting. Mayor Swedberg indicated the bobcat purchase could be discussed III the budget deliberations. Ms. Moore-Sykes thanked Council for the plant and said it was very nice to have it when she walked in. Mr. Ray DeVine addressed Council and expressed concern with Council's decision to request a fire inspection for the Lions' haunted house. He then asked why inspections had not been done on past haunted houses. Council Member Capra indicated she had spoken to Chief Heckman at the budget work session and he had expressed concern about some things that happened with the Kelly's event and said that started her thinking about other liabilities and she thought it would be appropriate to ask for an inspection to ensure that the haunted house is safe for residents. Council Member Nelson indicated the City had granted a noise variance for the event at Kelly's but did not grant an outside liquor permit. Council Member Capra indicated she had discussed her concern with Milo Bennet and Ms. Moore-Sykes who agreed that it may be a good idea to have a fire inspector take a look at the building. Mr. DeVine told Council that several people had been working tirelessly for weeks to ensure that the haunted house would be ready to go for the upcoming weekend. He then indicated that there had never been a fire inspection before for the haunted house. He further commented that when he remodeled his office building he had a fire inspection and said that based on that experience, he did not feel there was any way the haunted house would pass a fire inspection. Mr. DeVine then stated that ordering a fire inspection would effectively shut down the haunted house scheduled for Friday and Saturday. Page 24 of 25 City of Centerville October 24, 2001 Council Meeting Minutes Ms. Moore-Sykes indicated the City just wants to send a fire inspector in to review and determine if there is anything that is obviously dangerous so corrections can be made. Mr. DeVine indicated there was not time to make corrections to the haunted house as the event is scheduled to begin in two days. Council Member Travis suggested having Milo Bennet walk through the haunted house to make comments. Council Member Capra stated that the City has a responsibility to its residents to make sure the building is safe. She then commented there was no intent to shut down the Lions' haunted house. Council Member Capra noted that Mr. Bennett had gone into the warming house during the Fete de Lacs Festival and had found a few small things that needed to be fixed. She then said again, that it was never the intent of Council to cancel the haunted house. Mr. DeVine asked if someone from the fire department would be contacting him to make arrangements to review the haunted house. Ms. Moore-Sykes indicated she would make arrangements for Mr. DeVine to be contacted for a fire inspection. XII. ADJOURNMENT Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to adiourn the October 24. 2001 City Council Meetine at 9:25 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 25 of 25 t /' City ofCenterville November 14,2001 Council Meeting Minutes CITY OF CENTERVILLE CITY COUNCIL MEETING NOVEMBER 14, 2001 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on November 14,2001, at City Hall, 1880 Main Street PRESENT: Mayor Tim Swedberg . ~ Council Member Dick Travis " .' ec,( !t)~ Council Member Mary Capra ..... .... @)....)\)~.;; )'P' :,.'; Counc~l Member ~ari Nelson PP" ~D'\J ",.' Cmmc>! Mcmbc, Lmda BroU'fif.t,;,d '..,...".,09: :(,J' ~ None, 1.Jfl0; , ABSENT: STAFF: City Administrator Ms. Moore-Sykes City Engineer, Mr. Tom Peterson City Attorney, Mr. Jim Hoeft Public Works Director, Mr. Paul Palzer I. CALL TO ORDER Mayor Swedberg called the November 14,2001, City Council meeting to order at 6:30 p.m. II. SET AGENDA Council Member Capra requested that the Communications Task Force presentation be moved to Item 3 under Appearances. Motion bv Council Member Nelson. seconded by Council Member Broussard Vickers to approve the aeenda as amended. All in favor. Motion carried unanimouslv. III. PUBLIC HEARING (S) 1. Ordinance #4 Amendments (Continued from Planning and Zoning) Council Member Broussard Vickers indicated she would like to wait to hold the public hearings until Mr. Palzer arrived at the meeting because there was confusion at the Planning and Zoning Commission level and Mr. Palzer's interpretation is necessary. Page 1 of 25 . City of Centerville November 14, 2001 Council Meeting Minutes Council Member Broussard Vickers indicated that the Planning and Zoning Commission had received the large draft but not the accompanying list to be able to go through and verify wording. She also noted that the document received did not differentiate the changes made and was not clear. Mayor Swedberg re-opened the public hearing at 7: 15 p.m. Ms. Moore-Sykes indicated that there is a list of revisions and changes to Ordinance #4 and the list was retyped by the clerk from notes made by Mr. Palzer. Council Member Nelson asked if there was a motion from the Planning and Zoning Commission and, if so, what the motion was. Council Member Broussard Vickers indicated that the Planning and Zoning Commission had not made a final recommendation on the matter due to the confusion with the documents provided to the Commission. Mr. Palzer indicated that the changes to Ordinance #4 were housekeeping items and Staff went through and made the changes and then provided a revised Ordinance #4 to the Planning and Zoning Commission. Council Member Broussard Vickers indicated that the draft copy of the Ordinance had not marked the changes and it was difficult to determine whether the changes as recommended by the Planning and Zoning Committee had been made. Mr. Palzer indicated that some of the residents in attendance had an issue concerning C-l zoning. He then indicated that C-l zoning is not referenced in the Comprehensive Plan or in Ordinance #4 and that is why Staff was going to eliminate it. He then indicated that the areas covered by the C-l zoning are located in the wetland and are controlled by the watershed district. He further indicated that the City will be discussing and passing a shoreland ordinance to provide guidelines and controls over the area. Council Member Capra indicated that several residents were concerned for development in the wetland. Mr. Palzer indicated that Rice Creek Watershed District has strict regulations governing development in the wetlands. Council Member Broussard Vickers clarified that the C-l zoning would be discussed during the zoning map public hearing. Council Member Capra suggested handling the garage issue and tabling the rest of the changes because she had not had a chance to review the Ordinance as it was received prior to the start of the meeting. Council Member Broussard Vickers indicated that changing the Ordinance for one item and then having to change it again for the rest of the items would be expensive for the City. Page 2 of 25 City ofCenlerville November 14,2001 Council Meeting Minutes Council Member Broussard Vickers indicated that Council could discuss the changes at the budget work session and approve the changes at the first meeting in December. She then indicated she would not vote to change one item because it is too big of an expense to the City. Mayor Swedberg asked if all 70 pages of the Ordinance would need to be published for the one change. City Attorney Hoeft indicated that a synopsis of the proposed change could be published. Ms. Moore-Sykes indicated that a sentence that indicates the full copy of the Ordinance is available for review at City Hall could be added to the publication notice. Mayor Swedberg asked how much it would cost to publish the change. Ms. Moore-Sykes indicated she was not sure how much it would cost as it has to be published twice. Mayor Swedberg indicated it might not be possible to figure out the changes at this meeting. Council Member Broussard Vickers indicated that the majority of the changes are fairly straight forward and are mostly housekeeping issues. She indicated that the garage item had consensus by the Planning and Zoning Commission but the comer lot issue was not decided upon. Council Member Nelson indicated that she did not want to push the matter back again because Staff failed to provide adequate documentation. She then indicated she would be comfortable with Council Member Broussard Vickers walking Council through the changes. She further commented that Council needs to receive the documents prior to the day of the meeting to allow time for review. Ms. Moore-Sykes apologized for the document confusion and explained that there was supposed to be a Table A that contained a list of revisions but there were no revisions or suggestions in Table A. Council Member Capra asked if Council could continue the hearing for later on in the evening to go over the Ordinance line by line. Mayor Swedberg asked if anyone knew how much a full page ad in the Quad Community Press would cost. Theresa Brenner indicated that a If.. page advertisement costs $286. Mayor Swedberg indicated he did not think it would cost any more than $100 to publish for the garage two times and said that, if it does, he would pay for it out of his pocket. Council Member Capra asked that Council take public comment on Ordinance #4 and move on with the meeting as there is a lot on the agenda. Page 3 of 25 City of Centerville November 14, 2001 Council Meeting Minutes Mr. Jeremy Bates, 1977 Robin Lane South, indicated that he had been told by Council that he needed to follow the process to have the Ordinance changed. He then indicated that he has done so and he would really like approval of the change to the Ordinance tonight. Mr. Tracy Tratar, 1710 Peltier Lake Drive, indicated he had requested Council change the comer lot setback from 35 feet to 20 feet. He then explained that by following all of the setbacks for his comer lot he is not allowed to build on 68% of his lot and he feels that is exceSSIve. Council Member Broussard Vickers referred Council to pages 6 and 7 of the Planning and Zoning minutes for the discussion concerning comer lots. She then asked how many Planning and Zoning Commission Members were at the work session. Mr. Bates indicated there were four Commissioners at the work session. Council Member Broussard Vickers indicated that the Planning and Zoning Commission was concerned that allowing a 20 foot setback for comer lots would be a problem with new construction. Council Member Nelson suggested adding the words "if the side street is clearly evident then the setback would be 20 feet instead of 35 feet." City Attorney Hoeft indicated it was not sure what clearly evident meant. Ms. Moore-Sykes indicated that the language could be changed to allow for either the setback or the average of the adjacent homes whichever is greater to prevent homes from sticking out farther than the others. Mr. Tratar indicated that his argument is that every comer lot is just the way he wants to do his addition. He then questioned how other residents in the City were allowed to build their additions that way if there is this 35 foot setback rule. Council Member Broussard Vickers stated that she felt the Planning and Zoning Commission should review the wording. She then asked Mr. Tratar if he had gotten measurements from other lots in town. Mr. Tratar indicated he did not know he was supposed to bring the information to the Council meeting. Council Member Broussard Vickers indicated it would be helpful to know what currently exists when discussing the wording. She then clarified that no one had told Mr. Tratar not to file for a variance but said he had been warned to review the requirements carefully as he may not be entitled to a variance and would lose the variance fee. Council Member Broussard Vickers suggested allowing the Planning and Zoning Commission some time to discuss the matter because Mr. Tratar is not building the garage until spring. Page 4 of 25 City of Centerville November 14,2001 Council Meeting Minutes Mayor Swedberg indicated Council understood what Mr. Tratar was saying and indicated that the City needs to find the right words to make it consistent throughout the City. Ms. Tratar of 1710 Peltier Lake Drive asked if the Ordinance could be worded to apply only to existing properties and not for new construction. She then commented that by driving around the City she has concluded that they are the only comer lot without a garage. City Attorney Hoeft indicated that would be possible to word the Ordinance as Ms. Tratar had suggested but said the City should stay away from making ordinances that apply to a single piece of property. Ms. Tratar indicated that if they could get approval and get the footings in before the ground freezes they could work on the garage in the cold. Mayor Swedberg indicated that the Planning and Zoning Commission was not meeting again until the beginning of December. Shelly Olson of Chetak, Wisconsin indicated she was in attendance for the dog kennel ordinance change and asked if the change had been made to allow for dog kennels in the industrial park. Council Member Broussard Vickers indicated that the Planning and Zoning Commission did not have a problem with allowing dog kennels in the industrial park with a special use permit. Ms. Olson indicated that she drives two hours to come to the meetings and asked if her change would be approved at this meeting. She then indicated that she would need to get her special use permit before going any farther with her contractors, Council Member Broussard Vickers indicated that the use was approved and then explained that Ms. Olson would need to work with Mr. Palzer and Ms. Moore-Sykes to determine what needed to be done to obtain the special use permit. Ms. Moore-Sykes indicated that the ordinance change would be effective around the first of the year and explained that Ms. Olson would then be back before the Planning and Zoning Commission to discuss the special use permit and obtain approval of the special use permit and the preliminary plat. Mr. Palzer indicated that the previous version of Ordinance #4 had allowed for a 30-foot setback on comer lots. Mayor Swedberg asked whether there would be any utilities in the 35-foot setback area. Mr. Palzer indicated that there should not be. Mr. Tratar indicated he had checked and the utilities are within the I5-foot City right-of-way. Motion bv Council Member Broussard Vickers. seconded by Council Member Nelson to close the public hearin2. All in favor. Motion carried unanimouslv. Page 5 of 25 City of Centerville November 14,2001 Council Meeting Minutes Mayor Swedberg closed the public hearing at 7:45 p.m. 2. Zoning Map Modifications (Continued from Planning and Zoning) Mayor Swedberg opened the public hearing at 7:46 p.m. Council Member Broussard Vickers indicated that the Planning and Zoning Commission had thought the changes to the zoning map were housekeeping in nature until it heard testimony by residents at the meeting that they were concerned about changing the C-l zoning district to R-l. Council Member Broussard Vickers indicated that the Planning and Zoning Commission had thought this matter should be revisited since the changes do npt have to be done right away. She indicated that the wetlands are controlled by the Rice Creek Watershed District but residents are concerned about the ability to trade wetlands and fill property in. She further indicated that the City may need to allow for C-I zoning in its Comprehensive Plan and Ordinance #4. Ms. Moore-Sykes indicated that Rice Creek Watershed District has the final say in the wetland as well as the shoreline ordinance that is before the Metropolitan Council and will soon be before Council for approval. Council Member Broussard Vickers indicated that residents were told that the C-l zoning would be kept unless there was a legal reason the City could not use that designation any longer. Council Member Capra indicated she had received a telephone call from a resident that ws adamant that they wanted to retain the C-l zoning district because wetlands can be traded. Mr. Palzer indicated that there is a resident trying to build in the flood plain right now that had preliminary approval from Rice Creek Watershed. Motion bv Council Member Broussard Vickers. seconded bv Council Member Nelson to close the public hearing. All in favor. Motion carried unanimously. Mayor Swedberg closed the public hearing at 7:52 p.m. Council recessed at 7:53 p.m. Council reconvened at 8:02 p.m. Page 6 of 25 City of Centerville November 14,2001 Council Meeting Minutes IV. APPEARANCES/AWARDS 1. Mr. Mike Quiglev. Gor-Em (Eagle Pass 2nd Addition) Mike Quigley of Gor-Em reviewed the changes to the plan with Council and indicated that Gor-Em had addressed most of the issues by converting to the twin home format as was originally planned. He indicated that the issues with the existing development have been addressed and the screening requested at the Planning and Zoning Commission meeting had been added. He also indicated that Ojibway Drive could be addressed in letter form or through a clause in the developer's agreement. He further indicated that he would be more than happy to provide a trail if the Association and the City are able to come to an agreement as to the terms. Ms. Moore-Sykes commented that it may not be in the City's best interest to put language concerning a private road into its developer's agreement. Mayor Swedberg asked whether the proposed road on the east side of the development would be a private road. Mr. Quigley indicated that it was planned to be private. Council Member Broussard Vickers indicated that there were a lot of residents present at the Planning and Zoning Commission meeting and those in attendance had brought up screening, keeping as many trees as possible or transplanting those that are to be removed, the distance between the houses at the end of Ojibway Drive, and the private road. She then indicated that the major issue concerned potential damage to Ojibway Drive by construction vehicles. She further indicated that residents in attendance were concerned about the street lighting in the existing development. Council Member Broussard Vickers indicated that the Association had petitioned the City to take over the private street and was upset because the City has not yet responded. Council Member Broussard Vickers indicated the developer had agreed to provide screening as indicated on the site plan. She then indicated that she felt Council needed to discuss the private road issue to determine whether Council wants to take over the street. Council Member Broussard Vickers indicated that she is of the opinion that the City should not add to a situation it knows is a problem for residents by allowing the development to be constructed with another private road. Mayor Swedberg commented that Ojibway Drive was designed and constructed to be a private road and, in his opinion, should stay as a private road. He then commented that, if residents want additional lighting, they should petition the City for lighting but know that the residents would bear the cost of that additional lighting. He further commented that he has driven through the development at night and does not feel that it is any darker than some of the other neighborhoods in the City. Mr. Quigley clarified that the only difference in a private road is the width. Page 7 of 25 City of Centerville November 14,2001 Council Meeting Minutes Council Member Capra commented that she thought the underiayment was different for a private road. Mr. Quigley indicated that the road was built to MSA standards. Council Member Broussard Vickers indicated that the Association has a problem with the cost and ability to maintain a road. She then indicated that residents had asked, if the City should decide not to take over the road, if the Association could be informed of when the City reconstructs the streets in the area so the Association can join in the bid in order to keep costs down. Mr. Quigley indicated he did not think the roads could be changed because they were approved under a PUD. Council Member Broussard Vickers indicated that a PUD allows for unique setbacks and can be reconsidered. Council Member Nelson indicated she would prefer to keep the road private as that is how it was designed and the Association was set up to handle the costs for maintaining the road. She then indicated that she, too, feels that the development is not any darker than other neighborhoods in the City. She further commented that the City is not as bright as what residents may be used to coming from a more metropolitan area. Council Member Capra questioned whether there would be street lights at the intersections of the new roads when houses are built there. Mr. Quigley indicated that he was not sure as he does not design the lighting. Council Member Capra commented that there would be another light added in the existing development where it connects to the new development. Mr. Quigley asked who designs the street lights. Council Member Travis indicated that Xcel Energy designs the streetlights. City Engineer Peterson indicated that Xcel designed the layout of the streetlights. Mr. Quigley indicated that there are 12 lights. He then commented that he paid the City for 15 lights. Council Member Travis indicated that he felt the street should remain private. He then commented that he did not think the specifications were the same for public and private streets because private streets do not have the subcut and draintile. Mr. Quigley indicated that the street was designed to MSA standards. Council Member Travis indicated that, if residents want more lighting, they should petition the City and realize that they will be paying for it. He then indicated that he would like the Association to consider allowing a trail through its property. Ms. Lori Peterson of 7065 Dupre Road indicated the Association would consider allowing the trail if the City would take over the street but otherwise the Association Page 8 of 25 City of Centerville November 14,2001 Council Meeting Minutes would have liability all the way across their land and the road. She then indicated that the elderly housing should not have been put in without access. Council Member Broussard Vickers indicated there was a 20 foot wide drainage easement through the property. Ms. Peterson commented that the Association could not afford the liability for all the elderly people coming from the senior housing and crossing Ojibway Drive to Dupre Road. Mr. Brian Carlson of 1771 Meadow Lane reminded Mr. Quigley that he had agreed to push Units 9 and 10 forward 10 feet. Mr. Quigley agreed to do so. Mayor Swedberg complimented Mr. Quigley on his efforts to blend the development in and his efforts to address the issues of the existing development. Ms. Lori Peterson of 7065 Dupre Road indicated that the motion that was made at the Planning and Zoning meeting included the addition of the association requested items which were trees, trailway through the outlot, concerns with screening and a written guarantee for Ojibway Drive. Mayor Swedberg indicated that those sorts of items are handled in the developer's agreement. Ms. Peterson asked when residents would have input into the developer's agreement. City Attorney Hoeft indicated that the details would be approved when the final plat is approved. Mayor Swedberg asked Ms. Moore-Sykes to notify the Association when the final plat is before Council for final plat approval. Council Member Broussard Vickers asked whether it was appropriate to put the road agreement in the developer's agreement or whether it should be between the Association and the developer. City Attorney Hoeft indicated he did not want the road in the developer's agreement. Council Member Broussard Vickers questioned whether the Association's only recourse is a civil suit ifthe City approves the development and the road is damaged. City Attorney Hoeft indicated the Association would have civil recourse and said the City would not condition approval of the development on the agreement between the developer and the Association. Council Member Broussard Vickers asked how the Association could prevent access to the road. City Attorney Hoeft indicated he was not prepared to give the Association legal Page 9 of 25 City of Centerville November 14, 2001 Council Meeting Minutes advice on that matter. He then commented that the City should not dictate how the Association governs its roads. Mr. Quigley indicated that he has committed several times in a public forum and again in written form that any street damage would be taken care of for a period of two years. He then indicated that he had another letter with him at the meeting that he was prepared to give to the Association. City Attorney Hoeft clarified that approval of the final plat would be contingent upon Units 9 and 10 being moved forward 10 feet. He then indicated that Council needed to determine whether the new street on the eastern side of the proposed development would be public or private. Council Member Broussard Vickers asked the Association if they wished to have the road public or private. Bert Casper of 6979 Dupre Road indicated he did not want any more private roads in the development. Council Member Broussard Vickers indicated she was not in favor of adding another private street when the current private street has caused so many problems. Mayor Swedberg indicated he was fine with requiring the street be public. Ms. Lori Peterson of 7065 Dupre Road indicated that the extension to Ojibway Drive has to be supported by 18 current units and 12 potential new units and the proposed other private road is supported by 65 units. She then commented that it does not make sense to allow a private street to be supported by so few residents especially since they are all paying taxes and do not receive a break for the services the City does not provide to them. Mayor Swedberg indicated he understood Ms. Peterson's point but indicated that the private street was in the agreement when she bought her house and she should have been aware of it. Motion by Council Member Nelson. seconded by Council Member Travis to approve the Preliminarv Plat for Eaele Pass 2nd Addition contin!!ent upon movine Units 9 and 10 forward 10 feet and the new road to the east of the proposed development bein!! wide enou!!h to be a public road. Council Member Broussard Vickers commented that a few residents are burdened with the private road and the City is adding to it. She indicated that, if the City is not interested in taking over the road, the entrance should have been re-drawn to allow for entrance off of a public road. She further indicated that she was not against the development but feels the City is intensifying an existing problem by allowing the development to continue with the extension of the private road. Page 10 of25 City of Centerville November 14, 2001 Council Meeting Minutes Council Member Travis commented that there are more private roads in Centerville and questioned whether the City would have to take over all private roads. Council Member Broussard Vickers indicated the City had not received a petition from any other residents asking the City to take over a private street other than the one for Ojibway Drive. Council Member Capra questioned whether there was another definition that could be used other than "street" to allow the City to take over the road but not require widening such as a trailway. City Engineer Peterson indicated a trailway would need to be marked as such and cars are not allowed on trails. VOTE: Ayes - 4, Nays - I (Broussard Vickers). Motion carried. 2. Mr. Llovd Drilling, Uptown Center (Comprehensive Sign Plan) Mr. Eric Bowman of 7130 Shad Avenue indicated he had noticed that sod or seed was being put down at the strip mall without a berm or fence. He indicated he had spoken to the person doing the sodding and seeding and this person was not aware there was to be a berm and fence. He also indicated that he had heard, through the grapevine, that Mr. Drilling does not want to put in the sidewalk as required. Council Member Broussard Vickers indicated that Mr. Drilling had agreed to provide a berm and a fence. She then indicated that there is to be a trail on both sides. Ms. Moore-Sykes indicated that Mr. Drilling has until June of 2002 to complete the trail, fence and berm. Mr. Bowman indicated his wife had called City Hall and was told that no one would be allowed to move into the building until everything is done. He then asked if that was correct information. Mr. Palzer indicated that businesses would be allowed to move in prior to the completion of the sod, fence, and berm. Mr. Palzer then indicated that the developer's agreement requires that the sod, fence and berm be completed by June of 2002. Council Member Travis indicated that the City has a letter of credit on Mr. Drilling that would be used to pay for the City to have those items done if they are not completed. Mr. Jerry Engler of 7127 Shad Avenue provided pictures of his flooded backyard to Council for review. He then indicated that water was pumped out two or three and said that unless the grade is corrected the same thing will happen in the spring. City Engineer Peterson indicated that there is no pond on site and the site is supposed to be graded such that the storm sewer will catch that water. Page 11 of25 City of Centerville November 14,2001 Council Meeting Minutes Mayor Swedberg asked City Engineer Peterson to review the matter to make sure the property is graded correctly to eliminate Mr. Engler's water problem. Mr. Engler indicated that if his backyard fills up everyone to the north of his property will have the same problem because the water drains from north to south. City Engineer Peterson indicated that the final grade had not been done at the property. Council Member Capra asked if Mr. Palzer had reviewed the new strip mall. Mr. Palzer indicated that Mr. Drilling had not called for a final inspection so the property has not been reviewed. Mayor Swedberg thanked the residents for bringing the matter to the City's attention and indicated that the City would make sure things are done according to the agreement. Ms. Moore-Sykes indicated that the Planning and Zoning Commission had determined that Mr. Drilling did not need to provide a comprehensive sign plan to Council for approval as the change had taken place after the site plan was approved. 3. Ad Hoc Communications Committee Theresa Brenner and the other members of the Committee reviewed with Council its report on recommendations. V. CONSIDERATION OF MINUTES 1. October 24.2001 Council Meeting Minutes Council Member Broussard Vickers requested the following changes: On Page 18 indicate the decision was left up to the City Administrator. On Page 17, indicate she did not think the City would find someone to buy the house. Council Member Capra questioned whether Mr. Carpenter was informed by the underwriter of his mortgage or by City Staff that his property was nonconforming. Ms. Moore-Sykes indicated that the underwriter had informed him that his property was non-conforming and then he came to City Hall to look into the matter and City Staff had told him as well. Council Member Capra requested the following changes: On Page 7, change "him" to "his." On Page 8, change "hard" to "had". On Page 11 specify who made the motions. Motion bv Council Member Council Member Nelson. seconded by Council Member Council Member Capra to approve the October 24. 2001 Council Minutes as amended. All in favor. Motion carried unanimously. Page 12 of25 City of CenterviUe November 14, 2001 Council Meeting Minutes VI. PETITIONS AND COMPLAINTS None. VII. OLD BUSINESS 1. Grassen Companies - Streetlights (Eagle Pass 2nd Addition) Mayor Swedberg apologized for misleading the residents in attendance into believing that the streetlight issue had been discussed as he was not aware this was on the agenda. Council Member Broussard Vickers indicated the two issues were the same. Council Member Broussard Vickers indicated that the Planning and Zoning Commission had recommended that Council seriously consider the streetlight situation and make a decision. She then explained that some of the Commissioners felt the City could put some lights in and some felt the City should not put more lights in. She also explained that there was a resident in attendance that had accused the Planning Commission of not caring about the safety of the residents. She further explained that the residents of Eagle Pass feel that the neighborhood is not safe because the streets are winding and there are not enough lights. Council Member Nelson asked if there was a way to check into why Mr. Quigley had paid for 15 lights and there are only 12 in the development. Council Member Broussard Vickers indicated that getting 12 lights when he paid for 15 lights is an issue for the developer to deal with. Council Member Travis indicated that Mr. Quigley paid the City for the 15 lights as part of the developer's agreement. City Attorney Hoeft indicated he did not have the developer's agreement with him but said he does not think the developer's agreement is based on a number. He then indicated that streetlights are calculated and an amount is required for escrow or letter of credit based on the estimate of lights for the development. He further indicated that the City and the developer are not obligated to the 15 lights. City Attorney Hoeft indicated that the lighting for the development was designed by Xcel Energy and reviewed and signed off on by the City Engineer. Mayor Swedberg asked staff to respond to the letter from Grassen Companies. Council Member Broussard Vickers asked if it was the consensus of Council not to authorize more street lights in the development. Page 13 of 25 City of Centerville November 14, 2001 Council Meeting Minutes City Attorney Hoeft clarified that the City is not obligated to put in additional street lights. He then indicated that Council could do so if it wanted to. Council Member Broussard Vickers indicated that the residents had also asked for stop signs and/or a reduced speed limit because they feel that 30 mph is excessive for the type of street. She then questioned whether Council would be willing to pay for the cost of running electricity to the lights if the residents were to pay for the costs of the poles and lights. Ms. Moore-Sykes indicated she had obtained a listing of lights owned by the City, by NSP and residents. Mr. Palzer indicated that it costs the City approximately $150 per light per year for electricity. He then indicated that the lights have 100 or ISO-watt bulbs and he had been attempting to contact NSP to determine whether the bulbs could be upgraded in an attempt to increase the light output. Council Member Broussard Vickers suggested including the bid to run power to the poles in with the bid for the preliminary plat to reduce costs. Mayor Swedberg asked if it was possible to run power to the additional lights. Mr. Palzer agreed to look into the matter. Mr. Palzer indicated that the wattage of the light bulbs in the City varies making it difficult to determine what areas of the City are darker than others. Council Member Nelson indicated that she did not feel the City should pay for additional lighting in the development. She then indicated she would consider the stop signs and change of speed limit if the residents petition the City and state exactly what they want the speed limit to be and where they want the stop signs. Mayor Swedberg indicated that sometimes when a stop sign is put in it could create worse problems than were there in the first place. Council Member Broussard Vickers indicated that the residents were told that the Police Department would review the request and advise Council on the matter. Council Member Capra indicated she would like to see petitions from the surrounding residents. Council Member Capra indicated she was in favor of paying for the yearly electrical charge to operate the light but not the fee to run power to the poles. Council Member Nelson indicated she would be willing to have the City pay the yearly electrical charge to operate the light but did not want the City to pay for running the power to the poles. Page 14 of25 City of Centervi1Je November 14,2001 Council Meeting Minutes Council Member Travis asked how much it costs to install additional lighting. He then indicated that he thought NSP would install the light for free because he has never seen a street light bill. He further clarified that the City charges the developer $1,500 to $2,000 per light but he has not seen a bill from NSP for those lights. Mayor Swedberg asked the City Engineer to look into the costs of additional street lights. Council Member Broussard Vickers indicated that the City Engineer would need to bill the City to do so and suggested that Mr. Palzer may be able to investigate the costs of the streetlights. Mr. Palzer indicated that the design and layout of the streetlights in the development was done by NSP and said he would contact them to discuss the matter. Mayor Swedberg asked Mr. Palzer to have NSP restate the recommendation for streetlighting in the development. Council Member Broussard Vickers asked that Staff include in the letter to the Association that it was the consensus of Council that the City needs to receive a petition for reduced speed limit with a specific speed, a request for stop signs and the Association needs to go to the Police Department for a recommendation before coming to Council. Mayor Swedberg asked if the City has the authority to set the speed on City streets. City Attorney Hoeft indicated that the City does have the authority to set the speed limit on City streets and indicated that if no speed limit is set the statutory default is 30 mph. He then indicated that the Police Department would probably agree that stop signs and reduced speed are not going to address the safety issue the way residents think they will. 2. Mueller Pipeliners (Terminal Transport Building) Ms. Moore-Sykes passed out a copy of the site plan because the one included in packets cut off the aggregate parking lot which is at issue in this matter. Brent Coatney, the owner of Terminal Transport located at 6812 20th Avenue indicated his business is operating at that location but, due to economic considerations, he needs to downsize his operations and is seeking approval of Mueller Pipeliners as a tenant. Jeff Nordness of 25882 East Comfort Drive, Wyoming Township indicated they had come before Council to get an idea of what needed to be done to gain approval of the parking lot extension. He then indicated that the site plan is the same as the one that was approved in 1998 with the exception of the fact that they intend to use an aggregate base rather than bituminous because of the track vehicles. Mr. Nordness indicated that he was asked at the Planning and Zoning Commission meeting to obtain a letter from Rice Creek Watershed District indicating that the ponding Page 15 of25 City of Centerville November 14, 2001 Council Meeting Minutes was adequate. He then explained that he had attempted to get the letter and was told by Rice Creek Watershed District that they would not have approved the project if the ponding was not adequate. Council Member Travis noted there is a regional pond in the industrial park. Council Member Broussard Vickers indicated that on the second page of the permit under special stipulations there is a sentence that says if the pond is not completed at the time of construction a NURP pond is required on site. She then indicated that the Planning and Zoning Commission had asked Mueller Pipeliners to obtain a letter from Rice Creek Watershed District indicating that the pond was a regional pond and no NURP pond is required. Council Member Broussard Vickers asked whether Rice Creek Watershed District could decide to require the NURP pond at a later date if they decide the existing pond is inadequate. Mr. Nordness indicated that the industrial park sites were all designed for that regional pond. Mayor Swedberg indicated that the company would be responsible for constructing a NURP if Rice Creek Watershed District were to require one at some point in the future. Mr. Coatney indicated that a NURP would have been required if the ponding had not been done but the regional pond has been constructed by Mr. Rehbein. He also indicated that completion of the regional pond to mitigate water on the site was part of the purchase price for the lot. Council Member Travis indicated that the site plan for KCI does not have a retention pond because all the water from the site drains to the regional pond. City Engineer Peterson indicated that the site currently drains to the pond. Council Member Broussard Vickers indicated she did not have a problem with the plan. Mayor Swedberg asked if there would be any type of screening done. Mr. Coatney indicated he had planted double the number of pine trees required and commented that the residents across the street had called him to thank him for planting the trees. Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to approve the parkin!! lot expansion for Mueller Pipeliners as presented and require that the trees are never to be removed without the permission of Council. Council Member Broussard Vickers requested a friendly amendment to the motion to require that the company not be able to remove the tree line without permission of Council. Page 16 of25 City of Centerville November 14, 200 I Council Meeting Minutes Council Member Nelson accepted the friendly amendment. Council Member Capra indicated she was concerned that the permit did not specifY the approval of the aggregate parking lot but said, if Mueller Pipeliners was willing to go on record as saying that Rice Creek Watershed District had approved the aggregate parking lot, she would be fine with the plan. Council Member Broussard Vickers indicated the permit referred to a detail sheet and that detail sheet indicates an aggregate parking lot. VOTE: Ayes - 5, Nays - O. Motion carried unanimously. 3. BudgetJDeferred Comp/Union Contract (Update) Council Member Capra indicated she was not able to attend the meeting with Abdo, Eick and Meyer due to illness. She then indicated that more records need to be pulled before the audit can continue. Ms. Moore-Sykes indicated she had been informed by the City Clerk that there was a list of items needing to be pulled before the audit could continue. Council Member Capra indicated that the representative from Abdo, Eick and Meyer was very disappointed in the filing and record keeping systems of the City. Ms. Moore-Sykes indicated she had just heard there was a problem and noted she was in the office both days that the Abdo, Eick and Meyers representative was in and she was not told of a problem with the records. Council Member Broussard Vickers indicated the matter needed to be moved up on the priority list. Council Member Capra indicated that she had thought only the records from 1996 and 1997 needed to be pulled but was told all records need to be pulled. She then indicated she would have time in the coming week to flag items to be copied. Ms. Moore-Sykes indicated that Abdo, Eick and Meyers had requested all information for 1998 and 1999 and the report from PEBSCO from 1996 to 2001. Council Member Capra indicated that Abdo, Eick and Meyers had recommended the City hire a temp to get the files in order. 4. Quad Cities Police Department (Update) Ms. Moore-Sykes indicated that the City of Circle Pines had asked that the joint police department discussions be put offuntil January due to changes in Council. Page 17 of25 City of Centerville November 14, 2001 Council Meeting Minutes 5. Vinco Overages (Laurie LaMotte Memorial Park) Ms. Moore-Sykes indicated she had sent a letter to Vinco asking that they provide justification for the assessment of the cost of overages to the City. She then indicated that she had not yet heard from Vinco. 6. Turcotte Property (Update - Ro-So $6.200) Ms. Moore-Sykes indicated that the estimate from Ro-So to excavate and haul away debris had changed from $5,000 to $6,200. Council Member Nelson asked why the estimate had increased. Mr. Palzer indicated that the estimate was changed from burying the debris to hauling it away. Ms. Moore-Sykes indicated that, in her experience, the MPCA takes a dim view of burying construction debris and the City could end up removing it in the future. City Attorney Hoeft indicated he had received the signed petition for the registration of the property and that is in the hands of the attorney working on that part of the matter. Council Member Nelson indicated she feels the City needs to take care of this matter. Council Member Broussard Vickers indicated she would like to get other bids because the estimate has climbed over the $5,000 mark. Council Member Travis asked if Mr. Palzer had been in the house. Mr. Palzer indicated that he had been in the house. Council Member Travis asked if Mr. Palzer felt there were hazardous materials. Mr. Palzer indicated there were just concrete floors and bare walls downstairs. Council Member Travis commented that the estimate is getting pretty close to what it would cost to demolish the building and do a complete clean up. Ms. Moore-Sykes indicated she had passed out a letter from Don Sempel House Movers who had offered to pay the City $300 to take the house away. Council Member Capra indicated that Mr. March had said he watches the ads in the paper and had not seen the house advertised. Council Member Broussard Vickers indicated that Staff had made phone calls to house movers. Council Member Capra indicated she had been told that one of the Barretts was interested in purchasing the townhome at one time. Page 18 of25 City of Centerville November 14, 2001 Council Meeting Minutes Mr. Palzer indicated he would prefer to have a professional house mover move the house rather than an individual who attempts to move it and the City end up with a house that is moved off the foundation and sitting there. Council Member Capra indicated that any offer of purchase the City receives she would assume would involve using a professional house mover to move the house. Mayor Swedberg asked whether the City is required to obtain bids for the house. City Attorney Hoeft indicated there were no requirements to follow. Council Member Nelson indicated that she liked the house mover but suggested attempting to lower the costs. Council directed Staff to get more bids to clean up the site. Council Member Travis indicated he felt the bid was expensive for removmg a foundation. Council Member Broussard Vickers indicated that she would approve this amount if Staff is not able to find something lower. 7. Holiday Partv (Update) Ms. Moore-Sykes indicated that she had included in Council packets information from the League of Minnesota Cities concerning City sponsored events for employees. She then indicated that if a prior understanding existed with the employees that the holiday party was part of the employees' compensation it may be okay to do so but the information suggests that it is better to avoid City sponsored events. Ms. Moore-Sykes indicated she had called Majestic Oaks and was told that no reservation was made but one could still be made if it was done right away. Ms. Moore-Sykes suggested that it would be more appropriate to ask employees to pay their own way for the holiday party. She also indicated that Staff had suggested using the money the City would have used for the holiday party toward the volunteer event in the spnng. Council Member Capra indicated that there were two different events the one for volunteers at Kellys and the other was a dinner for Staff. Council Member Nelson indicated that individual dinners at a restaurant may have been more money than the City was planning to spend for the volunteer event. Council Member Capra indicated she would like to allocate the money that was used for the Kelly's party for the volunteer event in the spring. Page 19 of25 City ofCenterville November 14, 2001 Council Meeting Minutes Council Member Capra suggested posting the event and holding an informal potluck type gathering and holiday party. Mayor Swedberg indicated he would like Staff to suggest what they would like for a holiday party. 8. Entrance Monument Council Member Capra indicated that the information was in packets for informational purposes. Mr. Palzer indicated there is an issue as to whether the City owns the property or has an easement for the property where the sign is to be located. Council Member Nelson indicated she thought the City had an easement for the sign. Council Member Capra indicated that power was run out to the sign location by County Bank. City Attorney Hoeft indicated that no easement was in place at this point and recommended that the easement be obtained before the sign is installed. Mr. Palzer indicated that the drawing did not include any brick work. Council Member Capra indicated that Mr. Bode would provide the name of the brick layer that did the bank. Mr. Palzer indicated he would check into the easement issue. Council Member Capra asked if there were any gambling funds. Ms. Moore-Sykes indicated that the City Clerk had not yet called but had pulled an expense sheet that indicated there is approximately $18,155.00 in the account. Mayor Swedberg asked whether there would be only one sign or if there would be others in the future. Council Member Capra indicated that the artwork for the sign could be purchased for $100.00. Council Member Travis indicated the City had planned for just the one entrance monument. Council Member Nelson indicated the City wanted to make a splash with the entrance in the commercial area. She then commented that she feels the sign design better represents the French Canadian heritage and she really likes it. 9. Public Works Mowing vs. Contractual Mowing (Update) Ms. Moore-Sykes indicated that the Public Works Director had provided an estimate for the City to do its own mowing. Page 20 of 25 City of Centerville November 14, 2001 Council Meeting Minutes Mr. Palzer explained to Council how he had arrived at his cost estimate for the City to do its own weed whipping and mowing. Mayor Swedberg asked if the Ford tractor the Public Works Staff has had power take off and whether there was a cutting blade that could be put on it. Mr. Palzer indicated that the cutting blade does not have a floating deck. VIII. NEW BUSINESS 1. Ordinance #4 Amendments . Council Member Broussard Vickers recommended going through Mr. Palzer's list of the changes. Mr. Palzer indicated he did not have his notes but said all of the wording recommended by the Planning and Zoning Commission was put in the Ordinance. He also noted that the Planning and Zoning Commission would be looking at the Ordinance again this winter. Mr. Palzer clarified that the draft Ordinance presented to the Planning and Zoning Commission was reviewed and contained everything that was discussed at the previous meeting. Council Member Broussard Vickers indicated that it was difficult to tell what pages had been changed because none of the changes were highlighted. Ms. Moore-Sykes indicated that the changes are highlighted on the screen but when it is printed out the changes do not show up. She then indicated that the intern is in the process of going back through and marking the document. Council Member Nelson asked if the printer was a colored printer. Ms. Moore-Sykes indicated that it was but said it was not cost or time efficient to print several copies of an 80 page ordinance. Mr. Palzer indicated he could walk Council through the document. Mayor Swedberg indicated he would like to review the entire document at a later point but wants to figure out how to allow the garage to be built tonight. Council Member Travis indicated he would like to approve the garage as a separate item and review the remaining Ordinance changes at another time. Mayor Swedberg noted if the costs to publish the ordinance change for the garage issue were more than $100.00 he would pay for it. Page 21 of25 City ofCenterville November 14,2001 Council Meeting Minutes Council Member Broussard Vickers suggested there were a couple more changes that were straightforward and could be included in the published changes. She then read the wording that had been changed to allow the garage in the R-4 district and noted that it says minimum but the word should be maximum. Mr. Palzer indicated he thought the word should be minimum. After various discussions it was determined that the appropriate word was maximum. Mr. Palzer indicated that the 10% greenspace was being added with this ordinance change. Council discussed the sideyard setbacks for comer lots with Mr. Tratar and was unable to come to a consensus as to how the Ordinance should be worded. Mayor Swedberg indicated that the issue could not be solved at this meeting and suggested that the Planning and Zoning Commission should review the matter and make a recommendation to Council. Motion by Council Member Nelson. seconded by Mayor Swedbere to approve the Ordinance chanl!e on Pa\:e 24 of 82. Division 5. Accessory Buildinl!s to read: commercial uses as defined by Ordinance #4 in the M-l District will follow the commerciall!uidelines for percentaee of ereenspace. For all other properties in the M-l district a maximum accessory structure of 704 square feet is allowed and a 440 square foot structure in the R-4 district not to exceed the size of the principal structure if an attached earaee does not exist. If an attached earaee exists. the maximum accessory structure size is 2% of the lot size or a maximum of 200 square feet. Ayes - 4. Nays -l(Broussard Vickers). Motion carried. Council Member Broussard Vickers asked Mr. Tratar to bring the measurements he had offered to gather to the Planning and Zoning Commission meeting. 2. Gor-Em (Eagle Pass 2nd Addition) This item was handled earlier in the meeting. 3. KCI - Site and Sign Plan Council Member Broussard Vickers indicated that the City Engineer had indicated a grading plan needed to be provided. She also indicated that KCI needed to provide proof of the 10% greenspace requirement. Mayor Swedberg questioned why a new building had been built in the commercial area without a plan before Council. Mr. Palzer indicated that the building was started prior to the new administration. Page 22 of 25 City of Centerville November 14, 2001 Council Meeting Minutes Mr. Palzer indicated the building was handled under the previous administration and never went through the process. He then indicated that he had done the building code items but none of the zoning code items were addressed. Council Member Capra indicated that the building stores ammunition. Milo Bennett, Fire Chief, indicated that an ammunition distributorship is operated out of the building. Motion by Council Member Broussard Vickers. seconded bv Council Member Nelson to table approval of KCI site plan and sil!n plan {Jendinl: receipt of the l:rading plan and 10% l!reenspace. All in favor. Motion carried unanimouslv. 4. Thermal Imaging Cameras - Centennial Fire Milo Bennett, Fire Chief, indicated that this item was on Council's agenda because the steering committee had met and did not have a quorum and was unable to act on the matter. He then explained that the Fire Department has one thermal imaging camera that was bought a year ago and it has become invaluable to the Department. He further explained that new models are being made and the Department can purchase three cameras that are smaller and easier to use for the price of the first one it purchased. Fire Chief Bennett indicated that donation money is available from the Firefighters Relief Association through its charitable gambling operations for the purchase of the cameras. Motion bv Council Member Capra. seconded by Council Member Broussard Vickers to approve the purchase of three thermal imal:inl: cameras with donated funds as reQuested by the Centennial Fire Department. Mayor Swedberg asked if the Fire Department has biohazard suits. Fire Chief Bennett indicated that the hazmat issues are handled through Anoka County by the Fridley, Mounds View Spring Lake Park, Coon Rapids Departments. He then indicated that there is grant money available to purchase the suits but the catch is that personnel would need to be trained and that training would need to be maintained to satisfy the OSHA requirements for hazmat response. He further indicated that there is no grant money available to pay for the training. Mayor Swedberg asked ifthere had been any progress on the 800 megahertz radio system for the County. Fire Chief Bennett indicated that the radio system is a $12 million dollar issue for the County. He then indicated that the County had discussed going after a taxing district for the radio system but is now looking into a 911 surcharge and is attempting to have legislation passed that would allow it. Page 23 of 25 City of Centerville November 14, 2001 Council Meeting Minutes VOTE: Ayes - 5, Nays - O. Motion carried unanimously. Council recessed to change the tape at 9:46 p.m. Council reconvened at 9:48 p.m. IX. CONSENT AGENDA 1. The City of Centerville October 25, 2001 through November 14, 2001 Expenditures. 2. Centennial Fire District Expenditures Motion by Council Member Nelson. seconded bv Council Member Broussard Vickers to approve the Consent Al!enda as presented. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS Council Member Capra indicated she had a question on the financial statements and then indicated she had been told some items were coded wrong. She then asked if it would be possible to have correct information by the November 26, 2001 budget work session. Ms. Moore-Sykes indicated that Staff is working on the numbers and she had asked Teresa to print an audit for all the departments. She then indicated that she went through line by line to see why some items are excessively over budget and it appears there have been a number of coding errors. She further indicated that she would like to change the billing process to require that the billings be submitted to the department heads for review and coding before being submitted for payment. Council Member Broussard Vickers indicated it would be helpful for department heads to see the invoices and it would help with coding. Ms. Moore-Sykes indicated she thought the change would ensure a more accurate quarterly report. Council Member Capra commented that the quarterly report IS not right and the accounting and financials of the City are a disaster. Ms. Moore-Sykes indicated she is attempting to get a handle on the issues. Council Member Nelson commented that it is the middle of November and Council has not seen the numbers to know where the City is with its budget. Ms. Moore-Sykes indicated that she was entering week four of her employment with the City and she is still having fun. Page 24 of 25 City ofCenterville November 14, 2001 Council Meeting Minutes Ms. Moore-Sykes indicated that concerns about the personnel policy would be held for discussion after the budget process is finalized. Council Member Capra indicated that she did not attend the Cable Commission meeting because of the budget work session. She then indicated that the meeting was moved to another night and she was not able to attend that meeting either. She further indicated that the next Cable Commission meeting was scheduled for the Wednesday before Thanksgiving and she would be attending. Council Member Broussard Vickers indicated that the Planning and Zoning Commission is packing the house with its numerous public hearings. She then indicated that the Commission had received the resignation of Barry Brainard and may be receiving another resignation in the near future. Ms. Moore-Sykes indicated she would speak to Teresa to determine what needs to be done to advertise for the vacant seats. Mayor Swedberg questioned whether there was a resignation from the Planning and Zoning Commission or Park and Recreation. Council Member Broussard Vickers clarified that there was one resignation for sure and possibly two on the Planning and Zoning Commission and one on the Park and Recreation Committee. Council Member Broussard Vickers indicated that the Park and Recreation Committee had inquired as to the budget for next year and she told them that she had no information on the budget until after the budget work sessions. XII. ADJOURNMENT Motion by Council Member Broussard Vickers. seconded bv Council Member Capra to adiourn the November 14.2001 City Council Meetin2 at 10:25 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 25 of 25 City of Centerville November 28, 2001 Council Meeting Minutes CITY OF CENTERVILLE CITY COUNCIL MEETING NOVEMBER 28, 2001 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on November 28,2001, at City Hall, 1880 Main Street. PRESENT: Mayor Tim Swedberg@.... Council Member Dick Travis , . ,', r<<J'. . ~.". '. .'() Council Member Mary Capra @ Q" Council Member Man Nelson . ..0 ..' Coun,,1 Mcmb" Lind. Brolli<..ro l'lfFlil.',. rQJ ~ None. LrJtr l( ABSENT: STAFF: City Administrator Ms. Moore-Sykes City Engineer, Tom Peterson City Attorney, Mr. Jim Hoeft Public Works Director, Mr. Paul Palzer I. CALL TO ORDER Mayor Swedberg called the November 28, 2001, City Council meeting to order at 6:32 p.m. II. SET AGENDA Council Member Nelson requested that the letter from Bruce Ryden be added under Petitions and Complaints. Council Member Nelson requested that the Joint Powers Agreement with Lino Lakes and Hugo be added under Old Business. Council Member Nelson requested that acceptance of the resignation of Fete des Lacs Committee Members be added under the Consent Agenda. Motion bv Council Member Nelson. seconded by Council Member Capra to approve the al:enda as amended. All in favor. Motion carried unanimouslv. Page 1 of 10 City of Centerville Nnvember 28, 2001 Council Meeting Minutes IV. APPEARANCES/AWARDS 1, Centerville Elementary Certificate of Recognition Mayor Swedberg indicated that Centerville Elementary had been dedicated as a world peace site during a ceremony on October 4,2001 that was attended by Council Members Travis and Capra, Council Member Capra read the Certificate of Recognition and presented it to Ms. Kathy Millington, Centerville Elementary School Principal. Ms. Millington thanked Council for the Certificate and explained that Centerville Elementary is one of 200 world peace sites. She then indicated that there was wonderful adult participation in the program. She also indicated that a video was made of the ceremony if anyone was interested in watching it and noted that it was wonderful to see the respect and patriotism of the young children during the ceremony. Mayor Swedberg thanked the Principal for all she does for the children III the Community. Mayor Swedberg asked Ms. Moore-Sykes to look into running the video on the cable channel. V. CONSIDERATION OF MINUTES 1. November 14.2001 Council Meeting Minutes Council Member Nelson requested that "Theresa" be changed to "Teresa" on Pages 24 and 25. Council Member Capra requested that "ws" be changed to "was" on Page 6. Motion by Council Member Nelson. seconded by Council Member Capra to approve the November 14. 2001 Council Minutes as amended. All in favor. Motion carried unanimously. VI. PETITIONS AND COMPLAINTS 1. Bruce Rvden Letter Council Member Nelson suggested directing Staff to send a letter to Commissioner Langfield in support of Mr. Ryden's letter and to also send a letter to the cities of Lino Lakes and Hugo requesting their support. Page 2 of 10 City of Centerville November 28,200] Council Meeting Minutes Ms, Moore-Sykes indicated she was going to be meeting with the Administrators from those cities and indicated she would discuss the matter with them, Council Member Capra requested that Staff send a copy of the letter to Jane Krantz, Mayor Swedberg directed Staff to draft a letter in support of Mr. Ryden's letter and copy Senator Krantz, and Representative Vandevere. VII. OLD BUSINESS 1. BudgetJDeferred Comp./Union Contract (Update) Ms. Moore-Sykes indicated that Teresa had faxed over almost all of the documents requested by the auditor this morning. Council Member Capra asked Ms. Moore-Sykes to contact the auditor to determine the timeframe for completion of the project and a ballpark dollar amount for the City's contribution. Council Member Capra questioned whether the City has to cover the employee portion. Council Member Nelson explained that the City is responsible per the IRS for paying the taxes and can then attempt to obtain the money from its employees. Ms. Moore-Sykes indicated she would find out the timeframe and ask for a ballpark figure. 2. Vinco Overages (Laurie LaMotte Memorial Park) Ms. Moore-Sykes handed out a letter she had received from Vinco outlining how they had arrived at the calculation of the per cubic yard charge and requesting final payment. Mr. Peterson indicated he has reviewed the calculation and found it to be appropriate. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to authorize the final payment to Vinco. Council Member Travis indicated that the contractor lucked out because this was a huge overrun and he wishes that the City would have known about it and attempted to adjust the price to stop the overage. Council Member Nelson asked if the City could legally challenge the price. City Attorney Hoeft indicated the City could legally challenge the price if it wished but noted it may cost the City more money that it would save. Page 3 of 10 City of Centerville November 28, 2001 Council Meeting Minutes Mayor Swedberg asked who the City representative was on the site. Mr. Peterson indicated that Dan was the inspector but was not out at the site all the time. Mayor Swedberg stated that in the future the City Administrator should be notified of any anticipated overruns so that the process can be stopped and renegotiated, if possible. Council Member Broussard Vickers indicated that the contractor had no incentive to do so. Council Member Capra asked if the City would have the right to bring in another contractor for that type of work if the amount was projected to be more than was approved. City Attorney Hoeft indicated that it would depend on the wording of the contract. Council Member Travis indicated he was not disputing how the contractor arrived at the per cubic yard price but stated he does not feel that his equipment costs tripled. He also noted that the job that was done was completely different than the job that was bid. Council Member Nelson noted that Council would remember this overage when receiving bids in the future VOTE: All in favor. Motion carried unanimously. 3. Holidav Party (Uodate) Ms. Moore-Sykes indicated that after talking to Staff it was determined that the employees would like to close the office at noon on December 24, 2001 and/or hold a potluck at City Hall. Council Member Nelson indicated she would be fine with having the potluck on December 24,2001 and letting the employees go home afterwards. It was the consent of Council to have a potluck on December 24, 2001 and send employees home afterwards. 4. Gassen Companies - Street Lights (Eagle Pass Townhomes) Ms. Moore-Sykes indicated she is continuing to work on this matter and had submitted a letter to Gassen Companies. She also indicated that Mr. Palzer is waiting for information from NSP concerning whether or not it is possible to increase the wattage of the light bulbs in the lights. Council Member Nelson asked if the City could take over a strip of property from the Association in order to provide a trail for the senior citizens in the area. City Attorney Hoeft indicated that the City could take over property by eminent domain if it is for a Page 4 of 10 City of Centerville November 28, 2001 Council Meeting Minutes public purpose but the City must pay fair market value of that property to the property owner. Council Member Nelson indicated she is concerned that senior citizens cannot safely walk in the area. Council Member Broussard Vickers indicated that taking a strip of land does not address the issue of the liability of dumping walkers out onto the private road. Ms. Moore-Sykes indicated that Mr. Palzer had provided her with a copy of the purchase agreement and the agreement called for the installation of 10 streetlights not 15. Council Member Capra indicated that there is a trail in White Bear Lake that is for walking, biking and vehicles. She then questioned whether the City could come up with a way to do that with Ojibway Drive. City Attorney Hoeft indicated he knew of a similar arrangement around Como Lake but said he has concerns for how to demarcate vehicle traffic from bike or pedestrian traffic and what type of barrier would be used between the two. 5. Mutual Aid Agreement Ms. Moore-Sykes indicated she had called Lino Lakes and Hugo to set up a meeting with the Administrators to discuss the Joint Powers Agreement. VIII. NEW BUSINESS 1. 2002 Levy/Budget Discussions This item was moved to the end of the meeting. Budget discussions ensued. 2. Mr. Tedd Peterson. Public Works - Successful Completion of Year Two (2) of Employment Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to approve a pay increase for Tedd Peterson for successful completion of Year Two of Employment. All in favor. Motion carried unanimously. 3. Centerville Elementarv Certificate of Recognition This item was heard under Appearances. 4. Feasibility Studv - Watermain Extension (The Shores) City Engineer Peterson gave an overview of the feasibility study to extend the watermain to The Shores. Page 5 of 10 City of CenlelVille November 28, 2001 Council Meeting Minutes Mr. Peterson indicated the total costs of the project would be approximately $169,000 and his assessment projection assumed that the costs would be split three ways. He then explained how he had arrived at the assessment calculations. Mr. Peterson indicated that the City would be assessed a portion of the costs because the larger pipe is needed to maintain pressures. Council Member Capra asked if the watermain would be looped through Lakeland Circle. Mr. Peterson indicated that the City would like to loop the watermain along Peltier Lake Drive when water is installed in that area. Council Member Broussard Vickers indicated that the City usually pays extra for the larger pipe because the City anticipates adding onto the end as water expands but in this case the City does not anticipate extending the watermain any farther. Mayor Swedberg asked if when the pipe goes from smaller to larger if air is introduced into the system. Mr. Peterson indicated that it was not. He then explained that the reason for the larger pipe is to maintain volume not pressure. Council Member Nelson asked ifMr. Peterson could provide another assessment scenario without the City's portion. Council Member Broussard Vickers indicated that when the Hunter's Crossing development went in the City made the developer responsible for 50% of the costs. She then suggested looking in to whether or not that would be feasible in this case. Council Member Capra indicated that having water would be of significant value to the commercial property. Mayor Swedberg asked if it was in the City's best interest to have a long dead end run. Mr. Peterson indicated that he believes that water will extend down Peltier Lake Drive in the near future when the road is redone. Mr. Rehbein questioned whether the future plans for County Road 14 would affect the watermain extension. Mr. Peterson indicated that he would check with Anoka County to determine whether any future plans for County Road 14 would affect the watermain extension. Mayor Swedberg indicated that he did not think that punching a few more holes in the aquifer for wells in the proposed development would cause a problem. He further indicated he did not think that extending the watermain was cost effective. Page 6 of! 0 City of Centerville November 28, 2001 Council Meeting Minutes Mr. Rehbein indicated that he was concerned that the costs to bring water to the development do not exceed what he can recoup when he sells the lots. Council Member Capra asked where the Lino Lakes watermain ended. Mr. Palzer indicated that Lino Lakes does not have water in that area. He then indicated that the City has $50,000 to use toward looping Lakeland Circle when water is extended to Peltier Lake Drive. Ms. Moore-Sykes commented that one benefit of City water is that it is safe and secure which is an added value over well water. Mr. Palzer indicated that having hydrants in the area would assist firefighters putting out fires more quickly than with a tanker truck. Council Member Broussard Vickers indicated she would like to hear from Anoka County before proceeding. Mr. Rehbein suggested shortening the extension rather than bringing it all the way to his property. He then stated that he is not opposed to bringing water to the development but he wants to make sure the costs are reasonable. Council Member Broussard Vickers commented that Mr. Rehbein is asserting that there would not be enough value to be able to assess the 50% costs to the developer in this case. City Attorney Hoeft indicated that the 50% figure was based upon mutual agreement of the developer and the City and is therefore, not a requirement. He then suggested starting at 50% for discussion pUIposes and going from there. Mayor Swedberg indicated that Mr. Rehbein needed to negotiate with his neighbors along the street concerning the assessments. Mr. Rehbein indicated he was not comfortable trying to negotiate assessments with the individual property owners and said he is open to whatever makes sense as determined by the City. Mr. Rehbein indicated that he intends to start the development in the spring but has a purchase agreement with the land owner that was to be signed soon and he is not sure of his development costs at this point. Council Member Broussard Vickers indicated that Council needed to see some different options for assessments, hear input from the County and hold the public hearing before the assessments would be set. 5. 1798 Main Street - Mill Road Extension Vacation Mayor Swedberg asked if both property owners were agreeable to the 50/50 split. Page 7 of 10 City of Centerville November 28, 2001 Council Meeting Minutes City Attorney Hoeft indicated that the City has no control over how the property is divided once it vacates the roadway. He then indicated that the City would follow a simple vacation procedure and the rest is up to the property owners. Council Member Broussard Vickers indicated that it was her recollection that Council would not hear this matter until it received letters from both sides indicating they were in favor of the vacation. Mr. Palzer indicated that both property owners wanted to proceed. Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to direct staff to beldn the process of yacatine the Mill Road Extension. Council Member Travis asked if the property owners were in agreement. Mr. Palzer explained that the state process would determine how the property is divided up not the City. Mayor Swedberg asked whether the City would incur any costs for the vacation. City Attorney Hoeft indicated that there would not be any costs to vacate the roadway and noted that after the roadway is vacated the division of the property is the responsibility of the property owners. VOTE: Ayes - 4, Nays - 0, Abstain - l(Swedberg). Motion carried. IX. CONSENT AGENDA 1. The City of Centerville November 15, 2001 through November 28, 2001 Expenditures. 2. Centennial Fire District Expenditures 3. Pay Request #1 - Pheasant Marsh (Park Construction - $290,528.53) 4. Accept Resignation of Fete des Lacs Committee Members Motion by Council Member Broussard Vickers. seconded by Council Member Nelson to approve the Consent Ae:enda as presented. All in favor. Motion carried unanimously. XI. COMMITTEE REPORTS Council Member Capra indicated the Cable Commission would be making a decision in December with regard to AT & T Broadband's proposal to pass franchise fees onto the subscribers. Mayor Swedberg asked Council Member Capra to determine how much had been spent on the litigation to date and report back to Council because he is concerned that the $17,000 in the cable fund not be exceeded. Page 8 of 10 City of Centervi1le November 28, 2001 Council Meeting Minutes XII. ADMINISTRATOR'S REPORT Ms. Moore-Sykes indicated she had been researching the building on 20th Avenue and had been unable to locate any information. Council Member Travis indicated the name of the business was First Class Concrete. Ms. Moore-Sykes indicated that she would be meeting with the YMCA and the representative had asked for a feeling as to what type of support the Council was open to. Mayor Swedberg asked whether it was permissible for the City to give money to a private corporation. City Attorney Hoeft indicated that it would depend on what the money is being asked for and said he would need more information before commenting. Council Member Capra indicated that the YMCA had offered reduced fee memberships for City residents if the City were to contribute $150,000 over the span of a certain number of years. It was the consent of Council that it was not interested in funding the YMCA. Ms. Moore-Sykes reported that she was looking into the TIF districts and had asked Ellers for additional information. Council Member Capra asked if Juran and Moody would be coming in. Council Member Broussard Vickers asked whether Council would need to call a special meeting later in December to discuss the matter. Ms. Moore-Sykes indicated she would ask the representatives at the meeting and advice Council as to whether an additional meeting in December would be needed. Mayor Swedberg indicated that the budget work session was snowed out and said that Council would be moving to a budget discussion at this point in the meeting. Council recessed at 8:02 p.m. Council reconvened at 8:08 p.m. Council Member Nelson indicated she thought it would be a good idea to televise the budget discussions because there may be residents watching the discussion. Council Member Travis indicated broadcasting the discussions was fine with him. Council Member Broussard Vickers indicated she did not seethe need to pay to have the meeting broadcast and invited any residents watching it to come down to City Hall and listen. Page 9 of 10 City ofCenterville November 28,2001 Council Meeting Minutes Council Member Capra indicated she was fine with broadcasting but questioned how late the meeting may run. Mayor Swedberg indicated that Council would continue to broadcast but would be sending the minute taker home to save that expense. Council recessed at 8: 10 p.m. to change the tape. Council reconvened at 8: 11 p.m. XIII. ADJOURNMENT Motion by Council Member . seconded by Council adjourn the November 28. 2001 City Council Meetim~ at Motion carried unanimously. Member to p.m. All in favor. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 10 of! 0 . City of Centeevil/e December 12, 200 I Council Meeting Minutes CITY OF CENTERVILLE CITY COUNCIL MEETING DECEMBER 12, 2001 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on December 12, 2001, at City Hall, 1880 Main Street. PRESENT: STAFF: Mayor Tim Swedberg Council Member Dick Travis Council Member Mary Capra @ Council Member Mari Nelson ::dl Memb" Linda Brou",ro Vi,k"" 0 ~@\Yl@ ,0 City Admini'trato" M,. Moore- W r6I ~ City Engineer, Mr. Tom peters~V City Attorney, Mr. Jim Hoeft Public Works Director, Mr. Paul Palzer ABSENT: I. CALL TO ORDER Mayor Swedberg called the December 12, 2001, City Council meeting to order at 6:30 p.m. II. SET AGENDA Council Member Capra requested that Deferred Compensation Update be added under Old Business. Council Member Capra requested that Grants for Acorn Creek Park be added under Old Business. Ms. Moore-Sykes requested that Parkview be added under New Business. Mayor Swedberg requested that the Purchase of Web for City Software and Digital Equipment be added under Old Business. Council Member Capra requested that Budget Discussions be added under Old Business. Motion bv Council Member Nelson. seconded Vickers to approve the al!:enda as amended. unanimouslv. bv Council Member Broussard All in favor. Motion carried Page 1 of 17 City of Centerville December 12, 2001 Council Meeting Minutes III. PUBLIC HEARlNG(S) None. IV. APPEARANCES/AWARDS 1. Rice Creek Watershed District Request Dan Fabian from Rice Creek Watershed District addressed Council and requested permission to use Centerville's gravel road to get to LaMotte Drive in order to access a project they are working on in Lino Lakes in the Anoka County Park. Council Member Capra asked how many trucks would be using the road and how heavy the equipment was. City Engineer Peterson indicated that the road was built as a construction road for building the lift station and is pretty stable. Mr. Fabian indicated that LaMotte Drive was a 5-ton road and they would need to meet that load restriction. He then indicated that the road would be used to bring equipment in and back out and there would not be any hauling. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to approve Rice Creek Watershed District's use of the LaMotte Park dirt road to access its pondinl!: proiect in Lino Lakes. Mayor Swedberg inquired as to when the project would be started. Mr. Fabian indicated that the silt fencing was in and said that dirt stripping would begin on Monday or Tuesday with the schedule calling for the earth work to be done by mid-January and the final plantings in the constructed wetland finished by June I, 2002. Mayor Swedberg questioned whether there would be any work done over the Christmas or New Year's holidays and then indicated he did not feel it would be appropriate to be using heavy equipment while residents are trying to celebrate the holidays. Mr. Fabian indicated he did not think there would be any construction going on during the Christmas and New Year's holiday. Mayor Swedberg asked Ms. Moore-Sykes to inform the residents of the impending construction traffic. Council Member Travis recommended having an inspection of the road and requiring Rice Creek Watershed District to leave the road in the same or better condition. All in favor. Motion carried unanimously. Page 2 of17 City of Ceoterville December 12,2001 Council Meeting Minutes 2. Joe Goetz Mr. Goetz from Goetz Garden Center addressed Council concerning the Sheehy property. Mr. Goetz indicated that his main interest is to find out what Council has in mind as the best use of the property for the community because he has an interest in purchasing the land to expand his business. Council Member Capra asked what the current zoning of the property was. Mr. Goetz indicated that the property was zoned industrial and then indicated he had heard that the City wanted to purchase the property for a potential park or water tower site. He then asked if the City had purchased or intended to purchase a portion of the property and, whether Council would consider zoning the property agricultural. Council indicated that there had been some discussion of Mr. Sheehy donating the property to the City as payment for assessments but said that discussions on that matter had stalled. Council then indicated that it did not feel it would be appropriate to zone the property agricultural as that would be spot zoning which Council tries to avoid. Mayor Swedberg suggested that Mr. Goetz work with City Staff to determine whether his intended use of the property meets with the City Code requirements. V. CONSIDERATION OF MINUTES 1. November 28. 2001 Council Meeting Minutes Council Member Capra requested that the Centerville Principal's name be added to the Minutes as Kathy Millington. Council Member Broussard Vickers requested that the spelling of "benefit" be corrected on Page 7. Motion by Council Member Nelson. seconded bv Council Member Capra to approve the November 28. 2001 Council Minutes as amended. All in favor. Motion carried unanimously. VI. PETITIONS AND COMPLAINTS None. VII. OLD BUSINESS 1. CSAH 14 (Update) Page 3 of 17 City of Centerville December 12, 2001 Council Meeting Minutes City Engineer Peterson indicated that Anoka County has applied for funds to expand CSAH 14 and expects to hold meetings concerning the issue in the near future. Ms. Moore-Sykes indicated that she is waiting for a call from the Administrator from Hugo. 2. Deferred Compensation Uodate Ms. Moore-Sykes indicated the consultant is working on the matter and indicated that there were two more documents that needed to be put together and submitted to him. 3. Acorn Creek Park Grant Council Member Capra asked whether Staff had contacted the DNR about giving the City an extension to complete the work. Ms. Bender indicated that she and Ms. Moore-Sykes would be working on the matter before the end of the week. Ms. Moore-Sykes indicated that the budget work had really swamped Staff and said Staff would begin working on the matter soon. Council Member Capra asked that the matter be taken care of before the end of the year. 4. Communications Update Mayor Swedberg indicated he had enjoyed the report from the Communications Committee and indicated he thought that the City would find that most of the recommendations could be gotten for free. He then indicated that he would like to proceed with the Web for Cities and noted that, if the City does not have it, the City would need to obtain Adobe Acrobat software. Motion by Mavor Swedbere:. seconded bv Council Member Capra to approve the purchase of Web for Cities Software. a dieital camera. and Adobe Acrobat 5 Software. if needed. Council Member Capra suggested a friendly amendment to limit the purchase to the recommended price of$1,180.00. Mayor Swedberg accepted the friendly amendment to his motion. Council Member Travis indicated he would prefer to use fees out of a different area other than the general fund and suggested there may be Cable Commission fees that could be used. Council Member Capra indicated that there may be franchise fees to be used. Page 4 of 17 City of CentervilIe December 12, 2001 Council Meeting Minutes Ms. Moore-Sykes indicated she would look into whether there were funds available in the Cable Fund to purchase the equipment. Council Member Broussard Vickers expressed concern with approving this expenditure before the budget is finalized. She also expressed concern for the amount of Staff time involved with this project and said she would like to have input from Ms. Moore-Sykes into whether or not she feels the project can be handled by the City's Staff. Council Member Capra indicated she had concerns with some of the overall schemes of the recommendations but indicated she felt the web site would be a good purchase and cheaper than what the City is paying to Media Junction. Council Member Travis indicated he had some concerns and suggested waiting until more research into possible funding can be done because he does not think the funds should come out of the general fund. Ms. Moore-Sykes indicated she would call Web for Cities to discuss the Staff time commitment. She then indicated that a lot of the legwork has been done so it may not be very time consuming. Council Member Nelson indicated she was concerned with some of the communication recommendations but not the Web for Cities and indicated that she feels it is appropriate to approve it now in light of the fact that the City does not have a newsletter at this time. Council Member Travis indicated he was not opposed to it but said he would be more comfortable waiting until the first meeting in January to approve it. City Attorney Hoeft indicated that a tabling motion could be made if Council desired. Vote: Ayes - 3. Nays - 2 (Broussard Vickers/Travis). Motion carried. 5. Budget Budget discussions ensued. VIII. NEW BUSINESS 1. Livable Communities Act - Renewal Resolution #01-25 Motion by Council Member Broussard Vickers. seconded by Council Member Travis to approve Resolution #01-25 as presented. Mayor Swedberg asked if this was something the City has done before. Ms. Moore- Sykes indicated that the City has participated in this before. Page 5 of 17 City ofCenterville December 12,2001 Council Meeting Minutes Mayor Swedberg asked if approval of this Resolution would give the Metropolitan Council the right to give the City any type of mandates. Ms. Moore-Sykes indicated that approval of the Resolution would allow the City the opportunity to participate in any grant funding that may be available. She also indicated that there have not been any mandates from the Metropolitan Council in the past. All in favor. Motion carried unanimously. 2. Delinquent Utilities 2002 Property Taxes Certification - Resolution #01-24 Motion bv Council Member Broussard Vickers. seconded bv Council Member Travis to a{>prove Resolution #01-24 as presented. Mayor Swedberg asked if Staff was sure that everybody on the list was delinquent. Ms. Moore-Sykes assured Council that those residents on the list were delinquent and explained that the new list provided at the meeting included those residents delinquent in paying for garbage pickup. Ms. Bender indicated that the sewer and water bills were over 30 days past due. Council Member Travis indicated he was concerned with those delinquencies noted with an "occupant" and not a name. Ms. Moore-Sykes indicated that the delinquency would be assessed against the property identification number, thereby making it the responsibility of the property owner. Mayor Swedberg asked what happened once the Resolution was approved. City Attorney Hoeft indicated that the amounts are put on the property owner's property taxes and indicated this matter was a housekeeping item. Council Member Travis questioned whether garbage was added in previous years. Ms. Bender indicated that garbage was not added last year but said it has been in previous years. All in favor. Motion carried unanimouslv. 3. 2002 Liquor License Renewal/New License Ms. Moore-Sykes indicated that Council had received a memo from the City Clerk regarding those businesses who have applied for liquor license renewals for 2002. She indicated that Wise Guys Pizza would like to add wine to the license it is requesting. She then indicated that the Chief of Police had indicated that there were businesses that have disclosure violations and explained that any establishment holding a liquor license in the City is required to disclose whether it has any liquor violations during the year. Page 6 of17 City of Centerville December 12. 2001 Council Meeting Minutes Council Member Capra asked what failure to disclose was. Ms. Moore-Sykes explained that a business is required to tell the City that it has had a liquor violation and three of the businesses did not do that when they applied for liquor license renewal. Ms. Bender indicated that the businesses are also required to disclose the violation to the state. Council Member Nelson asked which businesses failed to disclose violations. Ms. Moore-Sykes indicated that the three businesses were Trio, Kelly's and Sager's Liquors. Mr. Ken Vanderbeek of 7095 20th Avenue, owner of Wise Guys Pizza, addressed Council and indicated that he had spoken to Mr. Sager who was unaware that he had been charged with a liquor violation. He then explained that Mr. Sager had an employee who was stealing beer and selling it to minors and Mr. Sager found out and reported it to the police who filled out a report and, subsequently, charged him with a liquor violation but did not inform him of that violation. Council Member Broussard Vickers asked Staff to research whether or not Mr. Sager was notified of the liquor violation before he submitted his application for liquor license renewal. Council Member Nelson suggested approving all but the three licenses. Council Member Broussard Vickers asked what the penalty for failure to disclose was. Ms. Bender indicated that the City could set the penalty for failure to disclose. Council Member Travis indicated that the Trio was not found guilty. City Attorney Hoeft indicated that the Trio was found to have a liquor license violation. Ms. Bender indicated that she had not received an application from Water Works as the application does not need to be turned in until the end of December. Council Member Broussard Vickers asked if it would be appropriate for the City to establish a penalty fee and order that it be collected prior to issuing the license. City Attorney Hoeft indicated that it would be appropriate for the City to do so. Mayor Swedberg asked if failing to disclose a liquor violation was a common occurrence. City Attorney Hoeft indicated that it does happen and indicated that those businesses not approved at this meeting would not be able to sell after midnight on December 31, 2001. Motion bv Council Member Broussard Vickers. seconded by Council Member Nelson to establish a fine of $500.00 for failure to disclose a liquor violation to the City and request that those businesses that failed to disclose be required to pav the fine of $500.00 prior to the issuance of their license. Page 7 of 17 City ofCenterville December 12, 2001 Council Meeting Minutes Ms. Bender questioned what Staff should do if Water Works wants to renew and Council does not meet until January. Council indicated that Water Works would need to wait until the next Council meeting as it had not submitted a license renewal and could not be approved before the application was submitted. Mayor Swedberg asked if it is common practice that this is the time of year to submit your liquor license renewal. Ms. Bender indicated that she had sent out a letter with documentation indicating that licenses were up for renewal. Council Member Travis indicated he thought the $500.00 fine was excessive. Council Member Broussard Vickers explained that she felt the $500.00 was high enough to help businesses remember that they need to disclose liquor violations. She also indicated that, if a fine is not set and the licenses not approved, the businesses would lose much more than $500.00 during the time between midnight on December 31, 2001 and the next Council meeting. Vote: Ayes - 3. Nays - 2(Swedber~Travis). Motion carried. Council Member Capra asked how many liquor licenses are available in the City. Ms. Bender indicated that the number oflicenses is based on the size of the City. Council Member Broussard Vickers asked whether the application process requires that the businesses provide Certificates of Insurance. Ms. Bender indicated that the application process does require Certificates of Insurance. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to approve the liquor/tobacco licenses for Corner Express. Kelly's. Saeer Liauors. Trio. Tom Thumb. and Wise Guvs Pizza. Council Member Travis asked what the process for receiving a new license was. Ms. Bender indicated that there is a background check conducted by the Police Department. Mr. Vanderbeek indicated there were a lot of steps to follow with the state and the City prior to approval. Mayor Swedberg asked if Wise Guys Pizza was expanding. Mr. Vanderbeek indicated he is expanding to include more of a sit down business. Mayor Swedberg asked if Mr. Vanderbeek would be serving alcohol on the expanded side of his business. Mr. Vanderbeek indicated that he would be serving alcohol on the expanded side of his business. Page 8 of17 City of Centerville December 12. 2001 Council Meeting Minutes Council Member Nelson asked why wine was specified. Ms. Bender indicated that wine is a separate license. All in favor. Motion carried unanimouslv. Council Member Broussard Vickers clarified that the intent of the approval is that the three businesses that are to be fined must pay the fine before receiving their license. She also noted that, if Staff is able to determine that Mr. Sager was not notified of the liquor violation prior to submitting his application, he would be exempt from paying the $500.00. 4. Fee Schedule Review Resolution #01-26 Ms. Moore-Sykes indicated that Staff has recommended Council review of the fee schedule as a housekeeping item that is done every year. She then indicated that she had included a list of fees provided by the League of Minnesota Cities and said she would be sending out letters to inform residents of the changes in fees. Council Member Capra questioned whether the dance permit fee should be eliminated. Ms. Bender indicated that, even though it is traditionally waived, she felt that the City should keep the fee as it may be needed at some point. Council Member Capra suggested that the words in parenthesis following the park dedication fees should be eliminated. Council Member Broussard Vickers indicated that the City had gone to a lot of time and expense to address the problem of rental certification and asked that it not be removed from the list as suggested. She then explained that the City had no way of controlling rental units and making sure they were properly maintained and had developed this requirement to address the issue. Council Member Travis asked how many rental owners paid the fee. Ms. Bender indicated that approximately 25 rental owners had paid the fee. Council Member Broussard Vickers questioned why, if Staff time is increasing by 7%, fees had not been raised by 7%. Ms. Moore-Sykes indicated that Staff had attempted to keep fees in line with the level of other cities. Council Member Capra asked if the City's fees are comparable with what the League of Minnesota Cities recommends. Council Member Capra asked what a mailbox fee was. Mr. Palzer indicated that it was a fee for new developments to ensure that developers install the mailboxes correctly. Page 9 ofl7 City of Centerville December 12, 2001 Council Meeting Minutes Council Member Travis asked what the quarterly storm water management fee was for. Mr. Palzer indicated it was an interim fee for working on the storm water plan and is charged to everyone in the City. He then noted that the City would be adjusting that amount when comments are received from the Metropolitan Council and the new ordinance is adopted. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to approve Resolution 01-02 with the noted cham!:es. Mayor Swedberg indicated he would be voting against the Resolution because it was a lot of numbers at the last minute and he thinks that it is important to hold the line on fees as well as on taxes. Vote: Aves - 4. Navs -l(Mavor Swedbere) 5. Centennial Little League Request Ms. Moore-Sykes indicated the City had received a letter from Centennial Little League requesting the use of the ball fields from April 1, through August 15, 2002. She noted that she had presented the letter to the Park and Recreation Committee and the Committee recommend approval. Motion by Council Member Broussard Vickers. seconded bv Council Member Canra. All in favor. Motion carried unanimously. 6. Receptionist/Secretary Hiring Recommendation Ms. Moore-Sykes reviewed her hiring recommendation with Council and indicated that the temporary employee, Ms. Stephan, had been working in the position since August and Staff recommends hiring her at a wage of $11.27 per hour. She also indicated that Ms. Stephan has shown knowledge of the position and an ability to work well with the public and other Staff members. Ms. Moore-Sykes also recommended that the City waive the 30-day waiting period to receive holiday pay because Ms. Stephan has been working for the City since August. Ms. Moore-Sykes also indicated that Ms. Stephan has extensive computer skills and knowledge that will allow her to perform duties above and beyond the receptionist position. Motion by Council Member Nelson. seconded by Council Member Broussard Vickers to recommend the hirinl: of Ms. Stephan as the receptionist/secretary at $11.27 per hour and waive the 30 day waitine period for holiday pay as recommended bv Staff. All in favor. Motion carried unanimously. Page 10 of 17 City of Centerville December 12, 2001 Council Meeting Minutes 7. Resolution #01-27 Adopting 2002 Tax Levy Mayor Swedberg thanked Council and Staff for all the time and efforts to prepare the budget. He then explained that the City has been scrambling to prepare numbers since there was a delay in receiving the changes from the state. Motion by Mayor Swedbere:. seconded by Council Member Travis to keep the property taxes at the 2001 level of$1.210.000. Mayor Swedberg commented that the state took away $126,000 from the City in homestead credit and local government aid that amounts to approximately 11 % of the City's budget. He indicated that he is proposing no tax increase because taxes have increased for the last three years. He further indicated that property taxes are rising three times faster than population growth and taxes compared to valuation is increasing by 29%. Vote: Aves - 2. Nays - 3 (Broussard Vickers/CapralNelson). Motion failed. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to approve Resolution #01-27. approvine: the 2002 Tax Levv of $1.480.23. Mayor Swedberg made a point of order questioning if the dollar amount that Council is talking about is the exact same as the preliminary amount passed by Resolution whether this Resolution needed to be voted on. City Attorney Hoeft recommended voting on this Resolution because the first Resolution was a preliminary number and Council had indicated it would take final action. Council Member Travis indicated he agreed with Council Member Broussard Vickers' comments from the budget discussion. He also indicated that he agreed with Council Member Capra that the issues she had raised were valid. He then commented that he wished it were not so. Council Member Capra agreed that she wished it were not so as well and then explained that the City had learned that there are past deficit funds that, according to the recommendation of the auditor, need to be taken care of. She then explained that if Council did not ask for the maximum levy the City would not be able to payoff old debts and would pass them on to the next Council. Council Member Nelson commented that she was sitting on the fence on this budget for weeks and had spent a lot of time trying to stick with last year's levy amounts. She commented that she was concerned with the article a year ago in the Quad Community Press that had said that Centerville was a very highly taxed community. She then commented that the City needed to plan for street repair, to payoff the deficit funds, and for the deferred compensation liability and potential TIF liability. She further commented that she had read a recent article that compared levies in Centerville, Lino Lakes and Circle Pines and Centerville's increase was the lowest of the three cities based Page 11 of 17 City of Centerville December 12, 2001 Council Meeting Minutes on her calculations so she feels comfortable passing this levy. She also commented that she feels Council is doing as much as it can to be responsible to the citizens. Council Member Capra indicated that Council had done the most extensive budget review in recent years and had asked a lot of the Staff and she feels Council consciously looked over these budget numbers. Council Member Nelson indicated she had concerns with the budget but was prepared to vote on the levy. Mayor Swedberg appealed to Council that there may be residents sitting around the kitchen table who are making decisions based on someone losing a job or wondering if there will be a job tomorrow and that is a much greater stress than the finances of the City. Vote: Ayes - 3. Nays - 2lSwedben!lTravis}. Motion carried. Council recessed at 8:00 p.m. Council reconvened at 8:04 p.m. 8. Lion's Club Proposal for Fete des Lacs Council Member Capra commented that the letter from the Lion's Club had said that the City needs to keep the festival in order to maintain Star City status and then indicated that is not accurate. She also clarified that the City does not have $25,000 budgeted for the festival it has $15,000. She then indicated she would like to table this request until Council is able to meet with the committees after the first of the year. Motion by Council Member Capra. seconded by Council Member Nelson to table consideration of the Lion's Club proposal for Fete des Lacs. All in favor. Motion carried unanimously. 9. Donation from Lino Lakes Area Chamber of Commerce Ms. Moore-Sykes indicated the City had received a donation to its Park and Recreation Committee from the Lino Lakes Area Chamber of Commerce. She also indicated that she had sent a letter to the Chamber of Commerce thanking them for the generous donation Council Member Capra asked if the Park and Recreation Committee had requested the donation. Ms. Moore-Sykes indicated the donation was unsolicited. Page 12 ofl7 City of CentervilJe December 12, 2001 Council Meeting Minutes 10. Parkview Ms. Moore-Sykes indicated she had received a request by Carlson and Associates for a release of funds being held because the work is done on the Parkview Development. She then indicated that the request was received on October 18, 2001 and sat since the City had no administrator for a time. She then requested authorization to release the cash deposit of $10,000 that was being held for sod escrow. Mr. Palzer confirmed that the work is done. Motion bv Council Member Capra. seconded bv Council Member Nelson to release the $10.000 cash deposit to Carlson and Associates as requested by Staff. All in favor. Motion carried unanimously. IX. CONSENT AGENDA 1. The City of Centerville November 29, 2001 through December 12, 2001 Expenditures. 2. Centennial Fire District Expenditures 3. Approval of Abdo, Eick & Meyers - Audit Contract (2001) 4. Annual Renewal of Special Use Permits Mayor Swedberg requested that Item 4, Annual Renewal of Special Use Permits, be removed for discussion. Motion bv Council Member Travis. seconded bv Council Member Capra to approve Consent Agenda Items 1. 2. and 3 as presented. All in favor. Motion carried unanimously. Mayor Swedberg indicated he would like a list of who is operating under a special use permit. Ms. Bender indicated that County Bank did not renew. Council Member Capra asked why Goetz Landscaping was not on the list because he had indicated he was operating under a special use permit for his greenhouse. Council Member Broussard Vickers indicated that Council had issued a conditional use permit until the main building was built. Council Member Capra asked if the greenhouse was nonconforming. Mr. Palzer indicated that the Planning and Zoning Commission and Council had determined that the greenhouse was conforming under industrial zoning. Mayor Swedberg indicated that terminal transport was not in business any longer and asked if they need a special use permit. City Attorney Hoeft explained that the City used to use special use permits to control the types of uses it would allow. He then indicated that the ordinance has been revised and most of the uses operating under special use permits are allowed uses. Page 13 of 17 City of Centerville December 12, 200 I Council Meeting Minutes City Attorney Hoeft indicated that he had not been asked to make a determination of special use permits in relationship to how they relate to the new ordinance and whether or not they fall under permitted uses. He then indicated it could be done by Staff over a period of time. Council Member Broussard Vickers asked if Council needed to renew the special use permits. City Attorney Hoeft indicated that renewal was not necessary as the permit is a perpetual permit unless there is an issue the City needs to address. Council Member Broussard Vickers indicated the only permit in question would be the Ready-Mix business because that is a short-term use allowed by special use permit. She then asked if Council needed to renew that permit. City Attorney Hoeft indicated that no formal action was needed and the business would continue to operate under the current permit. Council Member Broussard Vickers asked Mr. Palzer to look at the special use permits and the current usages under them and bring an opinion to Council as to whether they are operating under the new ordinance sometime in the near future. Mayor Swedberg asked Staff to bring any special use permit issues to Council attention. x. COMMITTEE REPORTS Council Member Broussard Vickers indicated that the Planning and Zoning Commission is continuing to review Ordinance #4 amendments and will bring them to Council in the near future. She also indicated that there are two openings on the Planning and Zoning Committee if anyone is interested. Council Member Capra indicated she had received information from the Cable Commission concerning the lawsuit with AT&T and had provided information to Council. Ms. Moore-Sykes indicated that Ms. Bender had attended a grant seminar and obtained information concerning grant funds for a handicapped swing at the playground. Council Member Capra asked that Staff send the information to Kathy Millington at the Elementary School. Council Member Capra reported that the Cable Commission meeting was scheduled for December 19,2001 and said she planned on attending. Mayor Swedberg asked if the Cable Commission is aware that the City will not support the lawsuit past the dollar amounts in the Cable Fund. Page 140fl7 City ofCenterville December 12, 200 I Council Meeting Minutes Council Member Capra indicated she would inform the Cable Commission that the City will not support the lawsuit beyond its Cable Fund amounts. Mayor Swedberg indicated that Circle Pines and Lexington have not agreed to the two police officers and the community service officer but have agreed to consider one sworn officer. He then indicated that the Police Commission meeting was scheduled for Thursday, December 13, 2001. XI. ADMINISTRATOR'S REPORT Ms. Moore-Sykes indicated that she had spoken to the financial consultant and was told that the TIF report needed to be submitted to the state by December 22, 2001. She then suggested scheduling an executive session on Wednesday, December 19,2001 to discuss the report so that it can be submitted on time. Council Member Capra asked if the meeting should be noticed as a special meeting in case any action needs to be taken. City Attorney Hoeft recommended noticing it as a special meeting and indicated it is appropriate to hold an open and closed session if need be. Mayor Swedberg indicated he thought this would be an exceptionally technical paper that Council would not understand and questioned whether Council needed to review it. City Attorney Hoeft indicated he was not making the report but said he has made reports for other governmental entities and agreed that the report will be technical in nature. He then commented that he thinks Council should review it or get an explanation of the report from TIF counsel. Council Member Capra asked whether the TIF attorney would be able to attend the meeting on December 19, 2001. Ms. Moore-Sykes indicated she would check to see if the TIF attorney was available for that meeting. Council Member Capra asked the timeline to have the report turned in to the state. Ms. Moore-Sykes indicated that the state had asked for a response within 60 days of receipt of the letter. City Attorney Hoeft indicated he was able to work out a timing issue for another City on a similar matter and get the state to agree to push the deadline back a little. He then added that, as a practical matter, by the time the state took remedial action against the City the report would be turned in. Mayor Swedberg asked if the City Attorney should review the report with the City Administrator rather than Council. City Attorney Hoeft indicated he would be comfortable with having the TIF attorney submit the report and then provide a detailed explanation of the report to Council at the first meeting in January because he wants Council to have an understanding of the report. Page 15 of 17 City of Centerville December 12, 2001 Council Meeting Minutes It was the consent of Council to allow the TIF attorney to submit the report by December 22,2001 and to make a report to Council in January. Council also requested that a copy of the report be provided to Council prior to the submission to the state. Ms. Moore-Sykes indicated she had received a report from the Metropolitan Council concerning the Surface Water Management Plan and indicated that once comments are received from Rice Creek Watershed District the comments would be compiled and submitted to Council for review. City Attorney Hoeft recommended making a motion to authorize the TIF attorney to submit the report directly to the state auditor's office without further Council action. Motion bv Council Member Broussard Vickers. seconded bv Council Member Nelson to authorize the City'S TIF attorney to submit the report directly to the state auditor's office without further action of Council. All in favor. Motion carried unanimously. Council Member Broussard Vickers indicated that the minutes were approved without the adjournment motion and adjournment time and asked that Staff add them. She also asked that a comment be added under budget to indicate that the budget was discussed and reviewed. Mayor Swedberg indicated that there would not be another December Council meeting because it was scheduled for the day after Christmas and a quorum of Council was not available. Mr. Palzer indicated he had received information from Xcel Energy that the light bulbs can be switched out from 100 watt bulbs to 150 watt bulbs for a total cost of $200.00. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to approve the expenditure of $200.00 to switch the bulbs from 100 watt to 150 watts as recommended bv Mr. Palzer. Council Member Travis suggested asking the Townhome Association if that is what they would like and if they are willing to pay for the bulbs. Council Member Broussard Vickers indicated that a few light bulbs was one thing but street lamps is another thing and she feels this is a small concession to provide more light in the development. Ms. Moore-Sykes asked if the City pays to replace the bulbs if they go out. Mr. Palzer indicated that the City pays a monthly fee for maintenance and that includes burned out light bulbs. Vote: Ayes - 2. Nays - 3 (Swedber~/Nelson/Travis). Motion failed. Page 16 of 17 City of Centerville December 12, 2001 Council Meeting Minutes Mayor Swedberg, Council Member Nelson and Council Member Travis suggested requesting that the Townhome Association pay for the bulbs, 2002 Draft Budget The Council, at length, discussed the presented draft budget line item by line item. Council concensus was to decrease line items as follows: Park Intern Salary, Fete des Lacs, Administration Travel and Conferences. Motion bv Council Member CaDra. seconded by Council Member Broussard Vickers to contain a 3% Cost of Livin!!: increase and a 4% salary steD increase and the 2002 Bud!!:et would reflect same. All in favor. Mayor Swebere and Council Member Nelson-Nay. Council Members CaDra. Broussard Vicker and Travis-Ave. Motion Passed. Motion bv Council Member Nelson. seconded by Council Member Travis to eliminate the Park Intern Dosition from the 2002 draft bud!!:et. All in favor. Mavor Swedber!!: and Council Members Capra and Brousard Vickers-Nay. Council Members Nelson and Travis-Aye. Motion Failed. Motion by Mayor Swedbere to retain the $9.360 in the line item for Park Pro!!:rams. Motion died for lack of second. XII. ADJOURNMENT Motion bv Council Member Broussard Vickers. seconded by Council Member Travis to adiourn the December 12. 2001 City Council Meetin!!: at 9:38 D.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 17 of17 .. '" CITY OF CENTERVILLE EMERGENCY CITY COUNCIL MEETING DECEMBER 20,2001 7:00 P.M. Pursuant to due call and notice thereof, the City of Centerville held an Emergency Council Meeting to discuss the Office ofthe State Auditor's findings on December 20, 2001, at City Hall, 1880 Main Street, Centerville, Minnesota. PRESENT: Mayor Tim Swedberg Councilmember Mary Capra Councilmember Mari Nelson ABSENT: Councilmember Dick Travis Councilmember Linda Broussard Vickers STAFF: City Administrator Kim Moore-Sykes City Financial Advisor Nick Scarich I. CALL TO ORDER Mayor Swedberg called the December 20,2001 Emergency Council Meeting to order at 7:03 p.m. Mr. Scarich explained the Office of the State Auditor's (OSA) audit process and procedures. He advised that the City ofCenterville's situation is quite typical. He reported that the OSA intends to audit every Minnesota cities' TIF program. Mr. Scarich indicated that most ofthe findings by the OSA are being refuted. He reported that the $44,595 needs to paid but reminded Council that this is not a penalty, but rather money that was original spent on a non-eligible TIF expenditure and needs to be repaid. Mr. Scarich went on to say that recent changes in TIF legislation allow the City to refute many of the State's findings. Mr. Scarich recommended that the City's responses be couriered to the Office of the State Auditor to insure that the delivery is before the deadline as stated in the OSA's letter. He also advised that the City Administrator hand deliver the City's check in the amount of $44,595 to the Anoka County Auditor's Office. .,'" * . Council and the City Financial Advisor discussed TIF Districts 1-1, 1-2, and 1-3. Motion bv Councilmember Nelson. seconded bv Councilmember CaDra to have the City Administrator hand deliver a City check in the amount of $44.595 with a CODY ofthe City's reSDonses to the Office ofthe State Auditor's findines to the Anoka County Auditor's Office and to courier to the Office of the State Auditor the orieinal. executed reSDonses bv the City of Centerville as DreDared bv Juran & Moodv and Kennedv & Graven. All in favor. Motion carried unanimously. II. ADJOURNMENT Motion bv Councilmember Nelson. seconded bv Councilmember CaDra to adiourn the December 20. 2001 Emereencv Council Meetine at 8:45 D.m. All in favor. Motion carried unanimously. 2