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HomeMy WebLinkAbout2003 CC Minutes I ~ CITY OF CENTERVILLE CITY COUNCIL MEETING JANUARY 8, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on January 8, 2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member JeffPaar @ Council Member Tom Lee Cm",,'1 Mcmb" M"'Y Cap" .. 8 t7(fDI',di Coun,iI Momb" undo Bm"',,ro V"k,,, .'" r6) r?@ V \S7 None fi0 ~W U City Administrator, Ms. Kim M~~ City Attorney, Mr. Jim Hoeft City Engineer, Mr. Tom Peterson ABSENT: STAFF: I. CALL TO ORDER Mayor Sweeney called the January 8, 2003, City Council meeting to order at 6:30 p.m. II. APPROVAL OF COUNCIL MINUTES Council Member Capra requested the following changes to the minutes of December 19, 2002. On page 8, first paragraph 2002 should be modified to be 2001 and on page 10, item 2 Council should be modified to read Planning and Zoning Commission. She indicated she had reviewed the tape concerning Council Member Travis' statement in regards to Ms. Moore-Sykes' performance evaluation and forwarded a verbatim copy to TimeSavers and requested that the language be respectively modified. Motion bv Council Member Broussard Vickers. seconded by Council Member Capra to approve the December 19. 2002 Council Minutes with amendments. All in favor. Motion carried unanimouslv. Mayor Sweeney, Council Members Lee and Paar abstained from voting, as they were not present at the meeting. III. OATH OF OFFICE 2. Swearing in of Council Member Tom Lee , - City of Centerville Council Meeting Minutes January 8, 2003 City Attorney Hoeft administered the oath of office to Tom Lee for the position of Council Member. 3. Swearing in of Council Member JeffPaar City Attorney Hoeft administered the oath of office to Jeff Paar for the position of Council Member. I. Swearing in of Mavor Terrv Sweeney City Attorney Hoeft administered the oath of office to Terry Sweeney for the position of Mayor. V. APPROVAL OF AGENDA Council Member Broussard Vickers asked that item 10 under New Business be added as Park and Recreation Committee request. Mayor Sweeney asked that Announcements be added prior to VI. Motion bv Council Member Capra, seconded bv Council Member Lee to approve the a2enda as amended. All in favor. Motion carried unanimouslv. IV. CONSENT AGENDA Motion bv Council Member Capra, seconded bv Council Member Broussard Vickers to approve the consent a2enda as presented. All in favor. Motion carried unanimouslv. ANNOUNCEMENTS Mayor Sweeney stated he had several points concerning his personal affiliations that he desired to make public record. He stated he serves on the Centennial Fire Department and has for 13 years, and therefore he will not serve on the Fire Department Commission as the Mayor typically does. He indicated he is a member of the Lion's Club and will abstain from voting on any issues that affect this organization. He also added that his spouse is a City employee. He asked that all of these items be added to the record so the reason is clear ifhe abstains from voting on these issues in the future. VI. AWARDS/PRESENT A TIONS/APPEARANCES 1. Mr. Garv Boyum. Waste Management Mr. Gary Boyum indicated he was here to address the City Council concerning three matters related to Waste Management; Request for CPI rate adjustment, Tip fee rebate and Single Sort recycling proposal. Page 2 of 20 , . City of Centerville Council Meeting Minutes January 8, 2003 Mr. Boyum handed out a copy of his presentation to the Council. He reviewed the current service agreement between Waste Management and Centerville and indicated that the contract allows for a cpr increase each year. He advised that the cpr for 2002 is 2.3 percent and reviewed the proposed increases with Council. Mr. Boyum explained that during 2002 Anoka County has given haulers a $5 per ton rebate on the tip fee at the waste to energy facility, which Waste Management has chosen to pass back to the City. He reviewed the quarterly rebate amounts, indicating the total rebate through November is $4,566.11. He believes the final 2002 rebate will be $5000 to $5200. He indicated that this could be received by check or in the form of a credit to the City. He stated Waste Management performs a Spring Clean-up for the City and this could be applied to that cost if they so choose. Mr. Boyum then explained the Single Sort recycling program to the Council. He explained that 'Single Sort' refers to commingling of all recyclables in one 64-gallon cart, which is collected every other week. He indicated Waste Management opened a new recyclery in January 2002 with state-of-the-art equipment used to separate 'single sort' commodities. This facility is located at 1800 Broadway and is available to tour. He indicated eight (8) cities totaling 56,500 homes have joined the program, with another three (3) cities and 2,720 homes to start in the 1 st quarter of 2003. He stated the Single Sort program provides many advantages including being user-friendly - no more separating recyclables; less wear and tear on streets due to every other week service; proven increased participation and more pounds set out. He reviewed the increased participation and pounds collected in Coon Rapids, a previously low area for recycling. Mr. Boyum reviewed the costs for Single Sort service, indicating the carts are purchased, delivered and maintained by Waste Management. He explained that participating in the Single Sort program would require a rate adjustment of .25 per month and a 5-year contract extension to offset the cart expenditure. He stated that the comments and surveys of participating cities have been very good. He reiterated the three (3) items he was addressing with the Council and stated tours of the new facility were available. He also presented Council with a video they could cablecast if desired. Council Member Capra clarified that Waste Management was looking for a contract extension to 2009 in addition to the rate increase for participation in the Single Sort program. Mr. Boyum concurred. Mr. Boyum stated there were several reasons for promoting Single Sort for Waste Management. He indicated the high worker's compensation statistics for collecting recycling, from broken glass, slipping on ice, back injuries. He stated using the current method with separate bins, the trucks have to dump if only one bin is full. Therefore they are running half empty trucks at times. By putting the materials together there are less trips to dump. Page 3 of20 . . City of Centerville Council Meeting Minutes January 8, 2003 Council Member Capra stated she has no problem with Single Sort, her issue is with the garbage in general. She indicated the Anoka dump was getting full and the question was where to put it. Mr. Boyum stated that Ramsey County had removed the tax on trash but were in the process of adding it back on. He stated it would be 32 percent on residential trash and 54 percent on commercial trash. He added that with Single Sort you reduce the amount of trash you have and therefore reduce this taxable amount. Council Member Capra asked if the trash currently goes to the transfer station in Blaine. Mr. Boyum indicated it did. Council Member Broussard-Vickers stated the cost of living increase was fine, and she had no opinion on how the City should take the rebate, however the Council had been planning on reviewing the contract and the issues they have seen with collecting bad debt. They have been trying to determine how this practice affects the City in real dollars. She would like to review the information and discuss it next month. She feels Single Sort is wonderful, however if joining the program depends on the contract, they need more time to review it. Mr. Boyum stated he understood the certification process has been an issue for Centerville. He reviewed it with his office and discovered that Centerville accounts were marked with a 'Do Not Send Letter' indicator. He has asked that the indicator be removed. Mayor Sweeney stated he liked the Single Sort program and is okay with the rate lllcrease. Council Member Broussard-Vickers asked if there was an advantage one way or another to how the rebate was received. Ms. Moore-Sykes stated the City has never received one before. Mayor Sweeney indicated his preference would be to receive the funds, to be used first for Spring Clean-up and any remainder being added to City funds. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to approve the CPI rate adiustment and request the Tip fee rebate as a check to the City and to e:ather additional information before ioinine: the Sine:le Sort recvcline: proe:ram. Mr. Boyum indicated Waste Management was ordering carts now. He stated they have extra staff until spring, when they typically get busier, and would prefer delivery in the first quarter so they do not have to hire temporary help to make the deliveries. Mayor Sweeney stated Council needs to get up to speed on the contract. Council Member Capra indicated it could be put on the next agenda. Page 4 of 20 , . City of Centcrville Council Meeting Minutes January 8, 2003 Mr. Boyum reiterated he told their administration to remove the indicator about sending letters. Council Member Broussard Vickers stated that the City still had about 50 certifications and more research was needed. All in favor. Motion carried unanimouslv. 2. Mr. Richard S. Carlson (Concept Plans -Hunters Crossing Phase II) Mr. Carlson stated he was asking the Council to consider his concept plan for Phase II and Phase III of Hunters Crossing. He indicated Phase I had been developed two to three years prior. He demonstrated that the sketch map shows 75 lots, with the road looping around and exiting by Pheasant Marsh. He stated he plans to do the PUD in two phases, with the first phase encompassing approximately 33 units. Mayor Sweeney asked why this was being done with one PUD. Mr. Carlson indicated extensive work needs to be done to the property. He stated the way the property is right now they would need to build slab on grade housing. In order to build basements they need to rebuild the site, including some wetland. He added it would be easier to accomplish this in one step. Mr. Carlson indicated these lots would serve $400,000 to $500,000 homes, just as Hunters Crossing does. He stated the lots would be 80, 90 and 100 feet, adding that each home needs to be evaluated independently for the lot. He stated a large pond on the west of the property would handle drainage. He indicated the trail of drainage through ponds and pipes to the lake, stating the current pipe would need to be lowered. He indicated the City Engineer had advised there was adequate capacity for sewer. Mayor Sweeney stated when Pheasant Marsh was completed they bypassed Mr. Wilharber. He asked if there was any way to get sewer and water to him with this development. Mr. Carlson stated they would look into it. He stated there is a small frame shop on one edge ofthe property that is encroaching. He will work with the owner to make sure the business can operate, and also with the pigeon coop owner. Mr. Carlson indicated he wanted to have a split entrance with granite monuments, as in Hunters Crossing. He stated the Hunters Crossing entrance is in City's right-of-way, however the owners are currently maintaining it. Council Member Capra stated the rain water ponds can also be a problem. After 1 to 2 years they become overgrown. She asked that it be looked at. Mr. Carlson stated he had spoke with the Parks and Recreation Commission, but they have not made a decision. He thought it sounded like they would request fees, with a sidewalk on one side and trail that would connect to existing trails. Council Member Lee asked how many homes would be on the market at once. Mr. Carlson stated it was important to grade in one step, and install the ponds, etc. He stated Page 5 of 20 City of Centerville Council Meeting Minutes January 8, 2003 if the grading was completed in 2003 and the utilities in 2004, he thought approximately six (6) homes in 2004, ten (10) in 2005 and 17-18 in 2006. Mr. Carlson stated that the homes would be valued at $400,000 to $500,000 and may not sell as quickly as home based at a moderate level. Council Member Broussard-Vickers indicated that the main reason Mr. Carlson was here was that the Comprehensive Plan shows development in 2006. He needs approval to develop early. She stated she was at the Parks and Recreation Committee meeting on Monday and they agreed, as did Planning and Zoning. Mr. Carlson is looking for consensus that the development could move forward prior to 2006. Council Member Capra stated she was not opposed to speed up the 2006 portion and allow the road, but the 2011 portion, which is Phase III, is very early. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to allow Richard Carlson to fIle a Comprehensive Plan Amendment at his expense to move two parcels (2006 and 2011) into 2003. 4 Aves. 1 Nav (Capra). Motion carried. VII. PUBLIC HEARINGS 1. Mr. Henrv Votel- Special Use Permit (Mini-Storage) Mayor Sweeney opened the public hearing at 7:20 p.m. Mr. Henry V otel welcomed the new members of the Council. He stated he has been working with the City staff and Planning Commission for several months to develop a mini-storage facility in the Industrial Park. He demonstrated on a map the location in the southeast quadrant on Fairview Avenue and east of 20th. He stated the proposal includes 4 acres to accommodate several buildings, all of which are self-storage facilities. He indicated these are new buildings that would be rented to individuals and small businesses that need additional storage space. He advised that most mini-storage customers live from 5 to 8 miles of the facility. Mr. V otel indicated he has worked with the Planning Commission on plans that fit within the City ordinances. He stated the industrial area is an appropriate place for this type of facility and is permitted under City ordinance. He added the engineers have checked setbacks and sidelines for industrial use and approved. He stated all lanes within the development will be paved, and buildings will have a concrete block exterior, using decorative block. The roof will be metal standard seam. He indicated the development would have an attractive front with six-foot wrought iron fence. There will be an office, and entry will be by passcode or key guard to lift the gate. Hours of operation will be 7 am to 7 pm, Monday thru Saturday, with occasional Sunday hours depending on customer need and month end. The facility would have 4 to 5 employees. He added that with only a business office there would be no need for city water or sewer. Page 6 of 20 City of Centerville Council Meeting Minutes January 8, 2003 He advised that the doors of each unit are metal roll-up, and the walls between units would be concrete, as would the outside and backside walls. He stated that from the front streetscape they would utilize colored block, with some signage and the office being visible, as well as a pylon sign and flagpole. He indicated security was addressed through the lift gate access, with laser beam security after hours, tied into the police department, and lighting that would go off with attempted after hours entry. He stated the fire department had indicated sprinklers were necessary in the industrial park, and each unit would have one. They have met with the fire Chief and discussed how to tie into the fire department, and will have an access box for them. He advised that all turns within the development accommodate semi-trailers. He indicated the buildings are non-combustible, since the walls between are metal stud, metal sheet. He stated they have had a preliminary meeting with Rice Creek Watershed District. A pond on-site accommodates the southern one-third, however they will need a storm water holding pond to accommodate the northern two-thirds. They would create a second pond to aid in evaporation. He indicated that as they move through the process with Rice Creek they expect that the pond size will shrink from that shown now. He stated the green space requirements in the industrial park are 10 percent, however they currently show 30 percent. He mentioned that the larger building has drive through unit capabilities, and noted no units face out, which aids in the containment and security of the development. He stated they have tried to comply with all ordinances on signage, landscaping, etc. and believe they have done that. Mr. Tom Keller, Mr. Votel's partner, indicated they have talked about this project for 5 years, and have looked at many sites. He indicated they have decided on Community Self-Storage for the business name, as they want to be part of the community. He indicated he used to think self-storage units were rented by lower income individuals, more transient in nature. He has found that isn't the case. As more ordinances prevent storing of motorcycles, snowmobiles, etc. in yards, there is more need for the average homeowner to use this type of facility. He feels having this close by helps clean up neighborhoods. He stressed that security is important to them, and they have worked with the police to determine surveillance camera needs and what needs to be done to keep crime out. He feels the City will be proud of this development. Council Member Broussard Vickers stated they are asking for a Special Use Permit, however there is a problem with the section of land in front of the road. Condemnation proceedings were started, then stopped. The land is not currently divided. She thought they could do a Special Use Permit subject to terms, adding that if the Council denies now the petitioners would have to start over with their application. City Attorney Hoeft indicated granting a Special Use Permit subject to terms is not an option. There is no problem with the plan, however if the Council were to grant a Special Use Permit conditionally, they could not use because there is no access to the property. He understands that the developer does not want to work with the City. He stated the Page 7 of 20 City of Centerville Council Meeting Minutes January 8, 2003 problem with granting the permit is, if the developer comes forward with a plat, he could take the City to court, and force the City to do a condemnation they don't want to do. Council Member Broussard Vickers stated there is typically a 60-day waiver signed. She asked if this could be extended. City Attorney Hoeft indicated it could be extended to 120 days, but that may not be enough in this situation. He stated the best scenario would be to have the petitioners sign the waiver with no time period, just waive with the understanding the developer needs to get the plat done and do something with the land. In that case, once the developer comes forward, the petitioner has already gone through the process and doesn't have to go through it again. He added that the petitioner then needs to speak with the developer to resolve. Council Member Broussard Vickers stated the Planning Commission approved, but did not know the Council could not approve the plan. Mayor Sweeney stated he likes the proposal, and believes it is something the City needs. He feels it will indeed help clean up the City and would be a great addition to the Industrial Park, however he does not want to put the City in a position where it could be taken to court. Council Member Broussard Vickers advised that if the petitioners signed the waiver as explained it could be put on the agenda next month. If they aren't in agreement to do that the Council needs to deny. Mr. Votel asked if they would be waiving for 120 days. City Attorney Hoeft indicated they would need to waive for an unspecified period of time. He indicated the public hearing could be kept open until the next meeting. At that time if the petitioners have decided to sign the waiver they would close the public meeting, but take no action. When the issues with the developer are resolved, action could be taken without further public hearings. Mr. Votel indicated he thought the Special Use Permit was good for 12 months. He stated they are working parallel with the developer to plat the property and they are trying to work toward a Mayor June opening. There is a good deal of time investment and a detailed timeframe with the manufacturer of the buildings they must adhere to. He is concerned that delaying approval will delay all of the plans. City Attorney Hoeft indicated on behalf of the City, he could not recommend that they approve at this time. Mr. V otel asked if they were entering into a ground lease simultaneously with the SUP request, if the issues would still exist. City Attorney Hoeft indicated they would, since you can not lease something that does not exist, and the piece of property they are proposing to develop does not exist. Page 8 of20 City of Centerville Council Meeting Minutes January 8, 2003 Mr. V otel indicated he appreciated the opportunity to come back before the Council and stated they were talking to the developer every day. Council Member Broussard-Vickers stated if they signed the waiver, they wouldn't have to come back again. Mr. Keller stated they were trying to encourage the developer to move forward, indicating they are standing by with cash. He reiterated that if the timeline was pushed too far it may not be as good of an investment for them. Mr. V otel asked what the Council recommended. City Attorney Hoeft stated they could not recommend. He reiterated that if the petitioners waived for an unspecified period of time, the request would stand by tabled. Council Member Capra stated her only issue was with the sign. She asked for clarification of the size and lighting. Mr. V otel indicated they had that question from the Planning Commission as well. It would go out mid-evening, when the facility closed. He stated it would be light sensitive so it would only be glowing during the darker hours of operation. Mayor Sweeney asked if it conformed to the City ordinance. Mr. Keller indicated it did. Motion by Council Member Broussard Vickers, seconded bv Council Member Capra, to continue the public hearinl! until the next City Council meetinl!. All in favor. Motion carried unanimouslv. VIII. UNFINISHED BUSINESS There was none. IX. NEW BUSINESS 8. Slaughter House/Butcher Shop - Mr. Noo Yang Mr. So Yang indicated he was present to represent his brother, Mr. Noo Yang. He stated Mr. Noo Yang could not be present as he is currently serving in the Army. He stated his brother desired to move forward with his request. Mayor Sweeney stated he has the information from the packet but is not aware of what discussions have taken place. City Attorney Hoeft stated that prior Council had taken no action, and had asked him to research what options the City had. He first looked at zoning for the property. He found that there is no zone within Centerville that accommodates this request. This doesn't mean that they are precluded, just that there is currently no zone. Option one would be for the City to decide what zone they would amend or to create a new zone, which is a long process. Option two is to find the closest zoning match and issue a Special Use Permit. He stated the prior Council didn't know what issues were involved in the operation of a slaughterhouse, above the normal issues such as traffic, lighting, noise, etc. Page 9 of 20 .... City of Centerville Council Meeting Minutes January 8, 2003 He stated they had asked that he prepare a moratorium for the City to study the slaughterhouse business and determine if it takes place, where it should take place. He has provided a packet addressing this. He indicated a moratorium prevents a slaughterhouse from operating until the study is completed, then the Council decides. He stated an original moratorium is twelve months, and can be extended an additional eighteen months, although he doesn't believe the issue would take 2 12 years to research. He encourages the Council to take the 12 months, noting they can decide sooner if they choose. Council Member Paar asked what the cost was to the City. City Attorney Hoeft stated they do not need to hire a consultant, so the only cost was minimal attorney time and Staff time. Council Member Capra indicated she had phoned an acquaintance in City Planning for the City of St. Paul. She suggested hiring a consultant to review and include the entire community and industrial areas. She thought the City of Lake Elmo had completed some type of study. She added that the City of St. Paul does a l2-month moratorium with two 6-month extensions. Council Member Broussard Vickers recommended putting this back on the agenda for two months, and letting staff try. At that time they can let Council know how they are doing before hiring a consultant. They can tell where they are lacking and need additional help. She added there are environmental issues and other operating issues that the Council needs to learn. City Attorney Hoeft indicated most moratoriums are used for adult uses. When studies are done through a consultant, the court typically allows other cities to use them. He thought this would be the same, and if Lake Elmo has done a study, the City would not need to start over. Council Member Capra asked Mr. Vang ifit was true his brother was also interested in a Community Center use. Mr. Vang stated he had suggested a dance club or something else if the slaughterhouse was not permitted. Council Member Broussard-Vickers directed staff to prepare an interim ordinance regarding a moratorium on slaughterhouselbutcher shop operations in any district within the City until further research is completed in regards to health, safety and welfare of the community and its residents. She requested that Mr. Vang be notified when this item was to again be discussed by Council. X. UPDATES 2. Building Permit Fee Review (Update) - Palzer Mr. Palzer explained to Council that the state is implementing a new version of their building code. They will be asking cities to adopt their fee schedule. The new code Page 10 of20 City of Centerville Council Meeting Minutes January 8, 2003 should pass in February and the fee schedule will be presented to Council in March or April to adopt. Council Member Broussard-Vickers confirmed that Centerville would maintain their current fee schedule in the interim. City Attorney Hoeft indicated that would be appropriate given the small timeframe. Council Member Broussard-Vickers asked if they would need to have an ordinance change. Mr. Palzer indicated they would try to do a five-year plan to avoid having ordinance changes frequently. Council Member Capra explained that last year the Council had agreed to a 25 percent increase to try to ease the transition to the new fee schedule. Mr. Palzer indicated the City was using the 1997 code and determined the new fees would be approximately 40 percent higher. The 25 percent increase was meant as a step increase to reach the new fees. Council Member Capra indicated that the City received complaints after implementing this increase that they were higher than surrounding cities. The Council asked for a study to make sure they were average. Mayor Sweeney asked if they could receive a breakdown of each fee. Council Member Capra indicated that was available. Council Member Broussard-Vickers asked if a public hearing was necessary at the time of adoption. Ms. Moore-Sykes indicated it is. IX. NEW BUSINESS (cont.) 4. Resolution #03-004 - Transfer of Funds related to the Citv Hall Debt Service Payment. Ms. Ellen Paul seth, Finance Director, explained the annual transfer of funds related to the City Hall Debt Service Payment. She indicated the payment amount was $59,034.81 and is the final payment. Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to approval Resolution #03-004 Transfer of Funds Related to the City Hall Debt Service Payment in the amount of $59.034.81. All in favor. Motion carried unanimouslv. 3. Resolution #03-003 - Authorizing Mayor's Signature on Cafeteria Plan Documentation Ms. Paulseth explained that this was in place, but needs to be signed. She explained that the cafeteria plan gives City employees more options with their benefits. Page 11 of20 City of Centerville Council Meeting Minutes January 8, 2003 Council Member Broussard-Vickers asked if City Attorney Hoeft had reviewed. Mr. Hoeft stated his office had. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to approve Resolution #03-003 Authorizinl! Mayor's Sil!nature on Cafeteria Plan Documentation. All in favor. Motion carried unanimously. 7. ABDO, Eick & Mevers - 2002 Audit Council Member Capra asked about information the former Council had requested concerning alternative audit firms. Ms. Paulseth stated that she and Ms. Moore-Sykes had done some research on alternatives but felt it was a little late in the year to make a change. She has been working with Eick & Meyer for quite some time and would hate to change this year. Given some of the concerns of last year that are stilI being resolved she would like to get through this, giving the new Council a chance to work with the firm. Council Member Capra explained they had many problems with the firm in the past. Mayor Sweeney stated the information he has says they'd give feedback if they found something but were not looking for problems. Council Member Broussard-Vickers indicated the previous Council felt they gave a qualified opinion. Mr. Paulseth stated she felt they didn't have a choice. She indicated she was comfortable with the firm, however she wouldn't have a problem switching, just not this late in the game. Mayor Sweeney agreed that he doesn't feel comfortable recommending a change now. Ms. Moore-Sykes stated that if after this year Council doesn't feel they are appropriate or adequate the research is there to move forward with bids. Ms. Paulseth added that they have not yet resolved the TIF issue and to release the company now would not be in the best interest of the City. 2. Resolution #03-001 - Appointments - Commission/Committees & Council Mayor Sweeney stated the Acting Mayor was typically the Senior Council Person, which in this case is Council Member Broussard Vickers. His recommendation is that she be named Acting Mayor. Centerville Centennial Fire District Steering Committee Members - Council Member Capra and Council Member Tom Lee. Check Signing Authority - (Acting Mayor) Council Member Broussard Vickers. Page 12 of20 City of Centerville Council Meeting Minutes January 8, 2003 North Metro Telecommunications Commission Representative ~ Council Member Capra. Alternative - Council Member Broussard Vickers. Tri-City Police Department Commissioners ~ Mayor Sweeney Economic Development Committee Council Member Broussard Vickers asked that two committee members who have not attended regularly be removed from this committee. She indicated they have had trouble reaching a quorum because of poor attendance. Council Member Capra stated she was opposed to that. She indicated she has a problem with the way some members have conducted themselves in the community, stating specific examples. She would like to have a letter sent to all committee members expressing that if they are going to make comments to the public they need to clarify they are personal comments and not those ofthe Committee or Council. Council Member Broussard-Vickers agreed, but indicated the two she requested be removed had received letters and have not responded. Council Member Capra said she had seen only one letter, not two. Council Member Broussard-Vickers indicated without removing both members the committee stands the potential of not having a quorum again this year. Mayor Sweeney agreed. Council Member Broussard-Vickers stated the letter will need to be very clear that they need to separate their personal opinions from the Committee or Commissions position. Economic Development Committee Council Member Liaison - Council Member Jeff Paar. Ms. Moore-Sykes indicated that Suzanne Seely should be added to the Parks and Recreation Committee roster. Parks and Recreation Committee Council Member Liaison - Council Member Tom Lee. Ms. Moore-Sykes noted that Planning and Zoning Commission Member Mary Jo Helmbrecht has resigned. Planning and Zoning Commission Council Member Liaison - Council Member Broussard-Vickers. Mayor Sweeney read the Staff/Contracted Services appointments as presented. Council Member Broussard Vickers asked if Ms. Laura Powers had been consulted about her appointment as Health Officer. Council Member Lee stated he is aware she is having health issues and should be consulted. It was decided she would be appointed, then contacted to determine if she chooses to continue in this capacity. Page 13 of20 City of Centerville Council Meeting Minutes January 8, 2003 Council Member Capra asked if the website could be added to the week in review. Ms. Moore-Sykes stated it could. It was noted that City Attorney needed to be added to the Contracted Services list. Mr. Palzer noted that the Mayor needs to assign a building official by law. Mayor Sweeney appointed Mr. Palzer as building official. Motion bv Council Member Paar. seconded bv Council Member Lee to accept the Appointments with additions and amendments as discussed. All in favor. Motion carried. Council Member Lee asked why there was not a Resolution #03-002 on the agenda. The City Clerk indicated 002 was reserved for fees. Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to direct staff to draft a letter to be sent to all committee members concernine: their representation to the public. includinl! that committee names should not be put on personal presentations. All aves. Motion carried. 5. Timesaver's Off Site Secretarial Service Agreement - 2003 Council Member Broussard-Vickers asked if the City Attorney had reviewed the agreement. City Attorney Hoeft indicated he had briefly reviewed. Council Member Broussard-Vickers noted there was a 3 percent increase over last year. She commented on the wonderful service provided by Timesaver's throughout the year. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to approve the TimeSaver's Off Site Secretarial Service Al!reement for 2003. All aves. Motion carried. 6. Anoka County Residential Recycling Program Agreement - 2003 Motion bv Council Member Lee. second bv Council Member Paar to accept the Anoka County Residential Recvclinl! Prol!ram Al!reement for 2003 as presented. All aves. Motion carried unanimouslv. 9. Resolution #03-006 - Amending Res. #02-060 - Vacation of Goiffon Road This resolution is to clarify the language of the previous resolution. It was the intent of Council to vacate a small section of the road, while the previous resolution vacated the entire road. Page 14 of20 City of Centerville Council Meeting Minutes January 8, 2003 Motion by Council Member Capra, seconded by Council Member Paar to approve Resolution #03-006 Amendinl! Resolution #02-060 c1arifyinl! the portion of Goiffon Road to be vacated. All in favor. Motion carried unanimouslv. 10. Parks and Recreation Request Council Member Broussard-Vickers indicated she had asked Mr. Palzer to make a list of the top items that needed to be done from the maintenance budget so the Park and Recreation Committee could plan their budget. She is bringing this before the Council because she is asking for staff time to accomplish this. Mayor Sweeney stated that when he was previously on Council they worked to get funds for the parks. He knows the park department struggles with getting land because they don't have money from the City. He would like to direct staff to look at the budget and provide information to the Council on providing money to the Park and Recreation Committee. He stated they previously gave them $50,000 to be put in an enterprise fund. Council Member Broussard-Vickers stated the Council could not authorize the Committee to spend money. She stated last year was unique, and she'd like to look at having IIF resolved first. Council Member Lee agreed. Council Member Capra indicated the City had spent $100,000 on Lamont Park the previous year. Mayor Sweeney stated that was mainly electrical work and a trail. Council Member Capra stated it was still park improvements. Council Member Broussard-Vickers asked that Mr. Palzer put together the information for the next Council meeting or the following at the latest. Mayor Sweeney stated they would need to have something done and decisions made by February or it would be too late for this year's budget. He stated if a workshop was necessary for the budget he would agree. Council Member Capra asked if a work session should be scheduled for January 29th. Mayor Sweeney indicated he didn't want to schedule any work sessions now. Council Member Broussard-Vickers stated that half the budget could be done in February and half in March. X. UPDATES (cont.) 1. Capital Proiects (Update) City Attorney Hoeft indicated they have serviced everyone, some have been granted extensions and others have responded. He stated meetings have been set-up to determine where the disagreement is on numbers. He added everyone has been civil. 4. Pay Equitv Report - Compensation Study Page 15 of20 City of Centerville Council Meeting Minutes January 8, 2003 Ms. Moore-Sykes indicated the report has been completed, and a copy will be included in the Council packet for next meeting. She indicated that she and Ms. Paulseth feel the City will be found out of compliance for staff. She explained that this report is submitted to the state every three years, giving a snapshot on 12/31. She stated the reason for the non-compliance is that most unionized employees are male while non-unionized are female, and there is still a difference in how they are being treated. She added that there is still time to get into compliance. Council Member Lee asked what the ramification was for being found out of compliance. Ms. Moore-Sykes stated the City could be fined. She added that it is not unusual to be found out of compliance, the important thing is taking steps to become in compliance. 3. Pending Issues Mayor Sweeney stated he would like City staff to look at the pay structure for the City Council. He stated he was involved in installing the current pay structure when he was previously on Council and feels it is time to review. Council Member Broussard-Vickers asked if the current structure could be compared to other cities, then have Council review. Ms. Moore-Sykes stated there are several comparison studies she can consult. Council Member Capra indicated a resident from Eagle Pass had come in a few days ago distraught about a situation at a building site. She stated she went with him to the site, then returned to City Hall and brought Mr. Palzer back with them to look at the situation, which involved debris on the street. They resolved to contact the developer and give him 24 hours to clean up the area. Mr. Palzer added that as of noon it had not been cleaned. Council Member Capra recommended another call be made to the developer. Council Member Broussard-Vickers felt a stronger position should be taken. City Attorney Hoeft indicated the City has the authority to have someone come out and bill the developer. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to direct staff to have area in Question cleaned and billed to developer due to his lack of response. All aves. Motion carried unanimouslv. Mayor Sweeney indicated he had spoken with Ms. Moore-Sykes about the structure of management. He stated that currently the Council has the authority to hire or fire. He wants to change that so the Council acts more as a Board of Directors and works through Ms. Moore-Sykes, who would handle staff situations. Council Member Capra indicated the Mayor is suggesting Centerville have a City Manager, rather than City Administrator. Mayor Sweeney indicated he was not, just proposing a different structure. Page 16 of20 City of Centerville Council Meeting Minutes January 8, 2003 Council Member Capra stated not even Lino Lakes, which is much larger than Centerville, has a City Manager. Mayor Sweeney stated he was not concerned with how Lino Lakes operated, but he desired this change to be on a referendum to be voted on by the residents. Council Member Broussard Vickers asked if more information on the type of structure being proposed was available. Ms. Moore-Sykes concurred. Council Member Lee stated that he does not see the need for this change since everyone is a grown-up and should be able to take criticism. Mayor Sweeney stated he desired to review a City Manager form of government. Council Member Capra stated it would take an enormous amount of power away from the City Council and would create a position of City Manager that would be paid more than the current City Administrator's position. IX. NEW BUSINESS (coot.) 1. Discuss Goals and Objectives Ms. Moore-Sykes indicated the staff had put together their thoughts on strategic planning and goal setting. Mayor Sweeney advised he is not looking for lengthy discussion at this time, just Council's thoughts. Mayor Sweeney indicated his thoughts for the main issues the Council should focus on are: . Water tower - during summer use it is sometimes emptied 10 times a day . Road issues, road repair . County Road 14 plan, ensuring it progresses with Centerville's interests in mind. . Drainage ponds (Mr. Palzer has been working on the water plan. All have been surveyed and the plan is almost ready to be adopted.) · Culverts (This relates to the road issues as well. Some have been redone many times.) · State budget cuts (It was noted state aid for 2003 will be $5,000, versus the $9,000 received in 2002.) . Parks . Building design plans for new commercial buildings Council Member Capra indicated she had attended a workshop with Ms. Moore-Sykes addressing renovation of different districts. She felt it was very beneficial and is anxious to share what they learned. She asked how far along the meter reading project was. Ms. Moore-Sykes states training has taken place. Mr. Palzer indicated there are at least five on-line, more will be added soon. Page 17 of20 City of Centerville Council Meeting Minutes January 8, 2003 Council Member Capra stated she liked the list staff had put together, and added additional areas of focus should be: . Street issues - this had been important for the previous Council. Council Member Capra indicated they had wanted to do a street repair fund much like the water tower fund. She stated the County Road 14 plans for 2006 would require some Centerville funds. Council Member Broussard-Vickers stated that may not take place in 2006. Council Member Capra stated that she has been told MN-DOT will be more accommodating if a City has a plan rather than those cities that just say they do not want the road. . A four page newsletter to residents. . Look at a folding machine for utility bills, which are currently handled by staff. Would save on man-hours. Council Member Lee stated his areas of focus would be: . County Road 14 - City needs to have a plan. . Water tower Council Member Capra stated Centerville had an agreement with Lino Lakes to build a new water tower by 2005 or 2006. Mr. Palzer stated that along with the water tower they would need to redevelop or re-drill a new well. Council Member Capra stated that the city purchased the current water tower used and there may be another opportunity to do. . Parks and Recreation Council Member Lee stated he feels the need for a community center is great. The children in the community are getting older and they need guidance. He added that growing up the community center in his area was the safe haven, where everyone could play constructively. He indicated it is very cost effective when you consider police hours and bored teenagers. He thought the Lion's had money available. . Dredging ponds . Trail completions, finishing the loop Council Member Capra stated that Mr. LaBlanc had spoken with Father Fitzgerald and he had suggested running the trail by the lake. Council Member Paar stated that his areas of focus would be: Page 18 of20 City of Centerville Council Meeting Minutes January 8, 2003 . Water tower . County Road 14 . Dredging ponds . Community Center . Anchor Business Council Member Paar stated that he has a two-year old son and they frequently use the Shoreview Community Center. It has a pool, racquetball facilities, meeting rooms, etc. and he feels the City could benefit greatly from a similar facility. He thought the City could also benefit from an anchor store such as Cub or Econofoods, adding additional conveniences such as a pharmacy. He stated that being seen from 35 would be beneficial and the County Road 14 project would help. He feels the area needs this type of retail development rather than having everyone go to Forest Lake. He felt this would tie in smoothly with a Community Center and help the tax base. He stated he was glad he had been named liaison with the EDC so he can help facilitate some ofthese things. Mayor Sweeney stated this would happen when the EDC was holding more consistent meetings. He noted Lino Lakes has the freeway comer and they may need to work with them. Ms. Moore-Sykes stated that 21st Avenue is on the goal list for next year. Council Member Capra stated that when she spoke with Mr. Fisher of Anoka County, he stated that even though County Road 14 is a large project, 20th Avenue redevelopment is larger. She added Columbus Township is doing massive expansion and stated 21 st Avenue is not on the books yet. Council Member Lee asked if an update on the historic area could be included on the next agenda. Council Member Capra stated that they had received approval to send an additional letter to 25 people asking for information. She indicated that they have a postcard to send back, and could track to do follow up with those that do not respond. She stated they have the ability to define the area and have contributing and non-contributors within the defined area. Non-contributors would not have to comply with all of the restrictions of the area. She stated she is concerned with the health and welfare of the citizens, noting some homeowners, even if they received market value, would have a hard time finding another home in Centerville. Ms. Moore-Sykes indicated she would provide the Top 10 goals at the next meeting for the Council to rate. Council Member Paar indicated he may not be present at the next meeting due to a pending vacation. Next meeting scheduled for January 22,2003. Page 19 of20 " .. . City of Centerville Council Meeting Minutes January 8, 2003 XI. ADJOURNMENT Motion bv Council Member Lee. seconded bv Council Member Paar to adiourn the January 8. 2003 City Council Meetinl! at 10:00 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Karen Whaley, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 20 of 20 ",- I. CITY OF CENTERVILLE CITY COUNCIL MEETING FEBRUARY 12, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on February 12, 2003, at City Hall, 1880 Main Street. PRESENT, ~g~T~EEa:.t ,;,;,'! r9@W~~ ABSENT, ::CiI M=be< Brou,",," Vi~ ~ ~ U STAFF: City Administrator Ms. Kim Moore-Sykes City Attorney, Mr. Jim Hoeft City Engineer, Mr. Tom Peterson I. CALL TO ORDER Mayor Sweeney called the February 12, 2003, City Council meeting to order at 6:35 p.m. II. SET AGENDA Council Member Lee asked that Chauncey Barrett be added under New Business. Council Member Capra asked that Claims be removed from the Consent Agenda and added for discussion. Motion bv Council Member Broussard Vickers seconded bv Council Member Capra to approve the aeenda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1. January 22. 2003 Council Meeting Minutes Mayor Sweeney requested the following change: On Page 15 change the designation to 50lC3. Council Member Paar requested the following change: Indicate he was not at the meeting. Centerville City Council February 12, 2003 Meeting Minutes Council Member Lee requested the following change: On Page 8 change "a nice place" to "other than City Hall". Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to approve the Council Meetin2 Minutes for January 22. 2003 as amended. All in favor. Motion carried unanimouslv. IV. CONSENT AGENDA 1. The City of Centerville January 23,2003 through February 12, 2003 Claims for Approval 2. Centennial Fire District Claims Motion bv Council Member Capra. seconded bv Council Member Paar to approve Consent A2enda Item 2 as presented. All in favor. Motion carried unanimously. Council Member Capra asked what the $51,000 to US Bank was for. Finance Director Paulseth indicated it was for the final bond payment on Parkview. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to approve the Claims for January 23. 2003 throu2h February 12. 2003 as presented. All in favor. Motion carried unanimouslv. V. A W ARDS/PRESENTATIONS/ APPEARANCES 1. Tom Thumb. Store #295 (Hearing/Anneal) Denial of2003 Tobacco License Council Member Capra indicated she was not able to attend the meeting with Tom Thumb but was happy that it was done and glad to see Tom Thumb is moving forward with ways to rectify the situation. She then suggested that Council come up with a policy of best practices for tobacco sales as was done for alcohol. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to extend the conditional use permit to June 1. 2003. direct the police department to conduct two compliance checks and report back to Council for consideration at the Mav 28. 2003 Council Meetin2. Council Member Broussard Vickers indicated she would like Staff to begin working on a best practices plan for tobacco. Council Member Lee indicated he felt Tom Thumb should pay for the compliance checks. Council Member Broussard Vickers indicated that Tom Thumb had paid a $750.00 fine that should cover the additional expenses for the compliance checks. VOTE: All in favor. Motion carried unanimouslv. Page 2 of 15 " Centerville City Council February 12, 2003 Meeting Minutes Council Member Broussard Vickers indicated she would like information on the independent contractor conducting the compliance checks, Ms. Moore-Sykes indicated that Staff had learned that the independent contractor conducts compliance checks for training purposes only and the City would need to continue to use the police department. Mayor Sweeney asked for information on the best practices ordinance for liquor for reVIew. VI. PUBLIC HEARING(S) 1. Proposed Interim Ordinance #75. Moratorium on SlaughterIButcher Shops Within Anv Zoning District Mayor Sweeney opened the public hearing at 6:45 p.m. Mayor Sweeney indicated Council would not take testimony on whether or not there would be a slaughter shop in Centerville as this public hearing is for discussion and comment on the Ordinance only. Ms. Moore-Sykes indicated there was no public comment concerning the Ordinance at the Planning and Zoning meeting. She then indicated that Planning and Zoning had recommended approval with changes to restrict custom butchering, ritual, and sacrifice butchering. Mayor Sweeney indicated that there were a few people in town that process deer in their garages that would need to be made aware that they cannot do that according to the Ordinance. City Attorney Hoeft indicated that those individuals were probably not allowed to do it previously for other reasons. He then suggested letting them know of the Ordinance. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to close the public hearin~. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 6:50 p.m. Motion by Council Member Broussard Vickers. seconded by Council Member Lee to adopt Ordinance #75. an Interim Moratorium Ordinance on Slau~hter/Butcher Shops Within Any Zonin~ District with the noted chan~es. All in favor. Motion carried unanimously. Council Member Broussard Vickers asked that this matter be placed on the agenda for the first meeting in July. VII. OLD BUSINESS 1. Peltier PreserveIBuckbee Page 3 of 15 Centerville City Council February 12,2003 Meeting Minutes City Engineer Peterson indicated it may be a good idea to hold an informational neighborhood meeting to discuss the affect of water being brought to this development as 45 to 55 people are affected. Council agreed to schedule the neighborhood meeting for February 27,2003 at 6:00 p.m. and asked that Mr. Palzer and Ms. Moore-Sykes attend the meeting. 2. NPDES II Permit Update City Engineer Peterson indicated his firm is working on the NPDES Permit. Ms. Moore- Sykes indicated that the City has submitted its list of best management practices and has been granted a one-month extension to comply. She then indicated Council would review the information for approval at the second meeting in March. 3. Centerville Lions - Fete des Lacs Mr. Greg Kieselhorst, 7155 Brian Drive, addressed Council and requested funds on behalf of the Lions for the 2003 festival. He then indicated he had called the City and asked for an itemized expense report for the 2001 City festival as there was some contention on that with regard to the figures. He then handed out information to Council and clarified that the operating loss, or the cost to provide the festival to the City was $15,112. Council Member Capra indicated the $34,000 was over several years. Mayor Sweeney clarified that there were donations that were received and provided to the City but, due to the fact that the funds were not properly allocated to the Festival account, it appeared there was a $34,000 contribution by the City when that was not the case. He further commented that nearly $20,000 was raised in donations to help fund the festival in 2001 and same was operated by the Fete des Lacs/City Celebration Committee. Mr. Kieselhorst provided a draft of the budget for this year's festival for Council review. He then said the Lions would like the City to contribute $20,400 toward the cost of the festival. He further indicated that there is an account at Main Street bank where the funds could be deposited and noted that any donations received would be used to offset the cost to the City. Council Member Capra indicated that over the years the City had issues with the money coming in and the cash changing hands and previous Council wanted to pay a flat fee and have the City limit liability and that is where she stands. She then said she would not be opposed to paying $10,500 for the parade and fireworks but does not want to front anything more than that. Council Member Lee asked if revenues generated from concessions would go into that checking account. Page 4 of 15 .' CentervilIe City Council February 12, 2003 Meeting Minutes Mayor Sweeney indicated that concession revenues would go to the Lions. He then said that last year donations were down and the Lions are not sure how much money can be raised to assist with funding the festival. Council Member Lee asked if the Lions worked with the EDC to pull local businesses into donating. Mayor Sweeney indicated the Lions members were out soliciting for donations. Council Member Broussard Vickers indicated she would love to give the money to the Lions but the money is not in the budget. She then said she would like to look at giving something more but the City cannot afford $20,000. Council Member Capra indicated she has no issue with giving the $10,000 but she feels that residents are being taxed twice if asked to pay for events at the festival. Mayor Sweeney indicated that all button revenue from the dance would come back to the City if the City expends money for the dance. Council Member Capra indicated that the parade and fireworks benefit the most people and the City does not have $20,000. Council Member Lee indicated he would like to increase the amount and recommended $14,000 as the City cannot afford $20,000. Council Member Capra indicated she wanted to put stipulations on what the money is used for. Council Member Paar commented that the festival is never going to improve or grow if funds are not added and it will get to a point where no one stays home from the cabin to attend the festival because it is "the same old thing." Council Member Broussard Vickers suggested the City contribute $13,000 which is the $10,500 for parade and fireworks and $2,500 to offset the cost of rentals like tables, chairs, tent and restrooms. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to 1!:ive the Lions $13.000 to be spent on fireworks. the parade. and the fixed costs for rentals. All in favor. Mavor Sweeney Abstained. Motion carried. Council Member Lee indicated he would like to see the cost of the parade reduced and suggested inviting residents to enter a float for a fee and having the floats judged for small prizes. The Lions agreed to look into resident floats. Mayor Sweeney abstained from voting. Page 5 of 15 .. Centerville City Council February 12, 2003 Meeting Minutes 3. Resolution #03-002 Council Member Capra asked if the building permit fees were reduced. Ms. Moore- Sykes indicated that would be done as part ofthe state requirements. Council Member Broussard Vickers asked that the language for park and recreation fees be changed to $3,000 or 10% of fair market value of property at the City's discretion. She also indicated that the dance permit fee was left offthe list. City Attorney Hoeft indicated the IRS mileage reimbursement is 34.5 cents 5. Waste Management - Residential Contract (2003 - 2009) Ms. Moore-Sykes indicated that the City Clerk worked with Mr. Boyum to research the abatement issue and it seems that, at one time, there was an abatement fee but that has been rolled into the current services fee and an abatement fee is no longer applicable. Council Member Capra questioned whether the sticker prices would be set for five years. Mr. Boyum indicated that there is a 3% or CPI increase each year. Mr. Boyum suggested that Waste Management would give the City a reduction in the cost for service if the City desired to place garbage services on their water/sewer billing. Council Member Broussard Vickers confirmed that Waste Management would be sending out regular bills and delinquency notices. She then asked Staff to look into whether the City would be interested in the responsibility of billing for trash. Mayor Sweeney indicated he was not interested in paying for additional pickup. Council Member Capra asked whether anything could be put in the pick up truck. Mr. Boium indicated that anything could be brought in a pick up truck with the exception of hazardous waste. Council Member Broussard Vickers clarified that the $30 per truck load applies to items that are not on the list with individual charges. Council Member Capra asked how many stops that the extra makes while in Centerville. Ms. Klennert Hunt indicated that Waste Management could provide that information. Council Member Capra commented that the reason for the abatement fee was in an effort to try to keep trash from sitting around the City. Council Member Broussard Vickers indicated the City has come to a point in time where residents need to reduce, reuse and recycle and those that are going to throw stuff need to pay for it. She then said that she is not interested in subsidizing other residents' garbage. Page 6 of 15 : Centerville City Council February 12, 2003 Meeting Minutes She further commented that she has seen the fees from other communities and this proposal seems appropriate. Motion by Council Member Broussard Vickers. seconded by Council Member Lee to approve the residential contract with Waste Manae:ement for February 1. 2003 throu2h December 31.2009. All in favor. Mayor Sweeney - Nay. Council Members Capra. Lee. Paar and Vickers - Aye. Motion carried. Mr. Boyum indicated he would put together a letter concerning recycling and would need mailing labels from the City. Council Member Lee asked Staff to place the information on the cable channel and the website. 6. Strategic Planning Results Mayor Sweeney reviewed the strategic planning survey results and indicated that the priorities of Council for this term are a new water tower, County Road 14 improvements, water looping plan, streets, and cleaning out of ponds. He then commented that Chauncey Barrett was not originally considered as a goal but the County has asked whether the City would like to expand Chauncey Barrett and he feels that would be an asset to the Community. Council Member Capra asked Ms. Moore-Sykes to contact the County and indicate that Council would like information on proceeding with Chauncey Barrett Phase II. 7. Parkview Development - Resolution #03-009 Council Member Broussard Vickers asked if Staff was absolutely certain that this project is done with no issues pending. Council Member Paar indicated he lives in the development and he, as well as some of his neighbors, has water issues. He then explained what those issues are and indicated he has been in contact with the developer and feels that the developer has done his job but the problem has been caused by neighbors changing the grade. Council Member Broussard Vickers indicated that there is nothing the City can do when neighbors change the grade and that becomes a civil issue between the property owners. Council Member Paar asked if the Ordinance requires that the final grade by checked by Staff. City Attorney Hoeft indicated that final grade is when the lot is prepared for sale and prior to any foundation excavation or landscaping. Council Member Paar indicated he would like to consider adding another inspection to the Ordinance prior to when sod is installed to eliminate this type of issue in upcoming developments. Page 7 of 15 Centerville City Council February 12, 2003 Meeting Minutes City Attorney Hoeft commented that the City is 12 inches above the water table and that is why even a slight change in grade causes issues. He then said that the City could attempt to help control the process. Council Member Broussard Vickers indicated that building fees would need to be increased to cover the additional engineering costs. Mayor Sweeney recommended an information packet to new homeowners and working with developers to have them handed out to new homeowners. Council Member Paar indicated that Mr. Carlson had told him there are cities that charge an extra $200 to $300 for an extra inspection of the final grade. Ms. Moore-Sykes indicated she had information from another City whose ordinance states that all runoff will be retained on the property. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to approve Resolution #03-009 declarinl!: that the Parkview Proiect is complete and returninl!: escrow based on information from the City Enl!:ineer and Staff. Finance Director Paulseth indicated that this project is so old the warranty period is expired. VOTE: Aves - 4. Navs -l(Paar). Motion carried. 8. Resolution #03-010 Approving Plans and Soecifications and Ordering Advertisement for Bids Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to approve Resolution #03-010. Approvinl!: Plans and Specifications and Orderinl!: Advertisement for Bids. City Engineer Peterson provided an overview of the project. Council Member Broussard Vickers indicated Council had discussed the developer paying 50% of the rest of the project. Mr. Peterson indicated that this developer is paying 100% of the cost to get to the site whereas other developers have paid 50% to get to the site and 100% within the site. Council Member Broussard Vickers questioned whether those people in the path of where the developer is paying 100% would be assessed for water. Page 8 of15 Centerville City Council February 12, 2003 Meeting Minutes Council Member Broussard Vickers indicated that this area is very susceptible to the grade and water issues ifthe grade is only one percent (1 %). Mr. Peterson indicated there should be positive drainage to the ponds. Mr. Peterson indicated that with construction hauling Peltier Circle would have to be redone by the developer. He then indicated that all improvements within the development would be funded by the developer with the remainder of the watermain work outside the development assessed. He also indicated that the watermain would be installed by directional drilling rather than open cutting to eliminate disturbance to the street. Council Member Lee how much of a traffic interference there would be on Centerville road. Mr. Peterson indicated he thought the work on Centerville Road could be completed within a day. Council Member Broussard Vickers asked how many lots are affected that are not in the Preserve. Mr. Peterson indicated there are 44 lots but he has learned that there are 13 homes to the south with watermain but no water service that he would recommend adding to this project. He then indicated that they were never assessed for the watermain and what they would have paid in 1989 was approximately $3,500 and, if applying an interest rate of 4% you arrive at close to what the others will be asked to pay for this improvement. Council Member Lee asked why they were not assessed. Mr. Peterson indicated no one is sure why the residents were not assessed. He then recommended inviting them to the neighborhood meeting to explain that hooking up now will cost substantially less than having to do it when their wells fail at a later time. Mayor Sweeney indicated he would like to have Centerville Road redone as it is in very poor condition. Mr. Peterson indicated that the additional costs to reconstruct the road raise the assessment per lot to $15,000. Mayor Sweeney questioned whether reconstruction could be added as a possible alternate to the contract. Council Member Broussard Vickers indicated she is not sure the City has the money to fix the road. Mayor Sweeney indicated the City could get the road done at a more reasonable cost because there is roadwork already being done. Mr. Peterson indicated that open cutting is cheaper than directional drilling so the costs for that part of the project would be reduced some. Mayor Sweeney asked for the cost estimates to redo Centerville Road. Council Member Broussard Vickers asked Staff to determine whether this street was part of the suit. Mr. Peterson indicated the cost to the City to oversize the watermain for looping would be $10,000 making the proposed cost per lot $5,200. Page 9 of 15 Centerville City Council February 12, 2003 Meeting Minutes Council Member Broussard Vickers asked that Staff inform residents at the neighborhood meeting that there are financing options and they do not have to come up with the lump sum all at once. Council asked that the meeting dates be corrected in the Resolution. VOTE: All in favor. Motion carried unanimouslv. VIII. NEW BUSINESS 1. Dead Broke Saddle Club (Non-responsive to City's Reauests/Letters) Mayor Sweeney reviewed the situation with Dead Broke Saddle Club. Mark Larson indicated that Dead Broke had only received one donation letter request from the City. Mike Bursiss, President of Dead Broke Saddle Club addressed Council and indicated that his Club has not been unresponsive and would never want to be unresponsive to the City. He then provided a copy of a letter dated October 25, 2002 whereby his Club indicated that it did not have the funds to donate at the time. He then said that, at the time of the request, the monies owed to the City under the 10% were only $188.00. Council Member Broussard Vickers indicated that this request was a separate request by the Parks and Recreation Committee and was not a City request for its 10%. Council Member Capra indicated that a year a go this spring the 5th grade graduation requested $350.00 for a deejay and had no response until she called. Dead Broke indicated they were changing donation coordinators and the request was inadvertently overlooked. He then welcomed calls if a request has been submitted and no reply given. Council Member Broussard Vickers indicated that Park and Recreation members made calls and did not receive a response and then the letter was not responded to so that is where the "non-responsive" came from. Council Member Broussard Vickers indicated that the documents state that Dead Broke gave $29,000 in December to the High School Rodeo but did not have money to give $2,000 to Park and Recreation. Dead Broke indicated that the High School Rodeo Association is a yearly event that Dead Broke plans to fund by accumulating funds and those funds were already allocated to that event and not available. Council Member Capra asked if it would be possible to find out what has been donated within the trade area. Dead Broke indicated that the information is provided to the City as required. Page 10 of15 Centerville City Council February 12, 2003 Meeting Minutes Council Member Broussard Vickers asked to have the donation reconsidered. Dead Broke asked that Parks and Recreation re-submit the letter and indicate it is not a City request as all requests for funds must be in writing. Council Member Capra indicated she would like to know what was spent within the City of Centerville for 2002. Dead Broke indicated that information has been provided to the City. 2. Woods of Clearwater Creek Sidewalk Repairs Council Member Lee indicated the minutes from the Parks and Recreation meeting are incorrect with regard to his conversation with Ms. Monica Travis. He then paraphrased to state that Ms. Travis was upset with him that he brought this back up to Council after she thought this issue was a done deal. He then said that, if the City Engineer indicates this is done, he believes it is done. Ms. Steffan indicated that this issue is with regard to the sidewalk that was cracked while fixing the trail, not the trail itself. She then said that Mr. Travis is responsible for fixing the sidewalk. Council directed Staff to send a letter to Mr. Travis to ask him to fix the sidewalk damaged during the trail repair. 3. Parks and Recreation Maintenance Recommendations Ms. Moore-Sykes indicated that Staff would revise the maintenance recommendations based on budget limitations. 4. EDC's Recommendation for Appointment of Ms. Eileen Smith Motion bv Council Member Lee. seconded bv Council Member Capra to appoint Eileen Smith to the EDC. All in favor. Motion carried unanimouslv. Council Member Broussard Vickers asked Staff to send a letter to the party that applied to Planning and Zoning and thank her for her interest but the recommendation was made prior to the application. 5. Planning and Zoning's Recommendation for Appointment of Ms. Jennifer Klennert Hunt and Ms. Michelle Lakso Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to appoint Jennifer Klennert Hunt and Michelle Lakso to Plannin2 and Zonin!: Commission. All in favor. Motion carried unanimouslv. 6. Chauncev Barrett Page 11 of 15 Centerville City Council February 12, 2003 Meeting Minutes This item was handled earlier in the meeting. Council Member Capra asked for authorization to gIVe funds to Mr. Thill for the purchase of parade flags as previously discussed. There was Council consent to give Mr. Thill the funds approved by motion last year for the parade flags. VIII. ANNOUNCEMENTSIUPDATES 1. Potentially Dangerous Dog Ms. Moore-Sykes indicated that Ms. Wirth has appealed the declaration of her dog as a potentially dangerous dog. Mayor Sweeney indicated the dog has not been vaccinated for rabies within the last three years and the person bitten should have requested that the animal be retained and tested or observed because undergoing rabies shots is not pleasant. He further commented that the dog went off the property and bit someone. City Attorney Hoeft indicated that Ms. Wirth would need to appear before Council and provide evidence as to why the dog is not dangerous. Council Member Broussard Vickers indicated that Ms. Wirth has been advised that the dog needs to be kept in the house for the next 10 days for observation. Ms. Moore-Sykes indicated Ms. Wirth claims she never received the notice that was sent certified mail as it was not picked up. Council Member Broussard Vickers asked for the definition information for review prior to the next meeting. 2. Otter Lake Animal Control Services Renewal Ms. Moore-Sykes indicated that Staff would like additional time to research other options for animal control services as the City has not been entirely satisfied with the services. 3. Legislative Update Ms. Moore-Sykes indicated that Senator Dick Day has put before the Senate a bill to freeze public service wages for the state, county and cities but the problem is that there is nothing in the bill that would talk about reclaiming that money from the cities or counties. She further commented that it would not pass committee hearings if things are not tightened up. Page 12 of 15 , Centerville City Council February 12,2003 Meeting Minutes Ms. Moore-Sykes indicated the governor would be presenting his budget next week and it looks like it mainly affects education and does not involve the City giving back money at this time. She further commented that Centerville is too small to receive any money for roads. 4. Capital Proiects Update City Attorney Hoeft indicated none of the matters have settled and negotiations continue. He also indicated that most have agreed something is owed but the amount has not been agreed upon and one developer claims the City owes them. 5. Anoka County Patch Council Member Capra indicated she would like a thank you letter sent to Norma Essex for providing the quilt square for Anoka County when she is done. 6. Lifetime Achievement Award 2001 Council Member Capra indicated that Robert LaMonte is not feeling well and, if he is unable to attend the next Council meeting, his wife will accept the award on his behalf. 7. Pending Issues Mayor Sweeney indicated that, after further discussion with some employees, he would like to change the work session with employees to an employee appreciation dinner. He then asked Staff to invite all City employees, their spouses, the City Attorney, Engineer, and Recording Secretary. He also noted that Council Members would be expected to pay for their own meals. Council Member Broussard Vickers asked how many employees the City has. Ms. Moore-Sykes indicated there are nine employees and five Council Members. Council Member Capra indicated that she had sent a memo outlining her concerns and stating her position on the matter. She then said that he is concerned that Staff needs to be paid if they attend the meeting and she believes it is against the law to purchase dinners for Staff. City Attorney Hoeft indicated he does not think that it is against the law. He then commented that the League of Minnesota Cities has provided information on issues brought up by the previous State Auditor and employee appreciation lunches or events are not a violation of the law. Mayor Sweeney indicated it would be a moral booster. Council Member Lee indicated he would be willing to donate a portion of his Council paycheck to help fund it ifthere is an issue. Page 13 of 15 , Centerville City Council February 12,2003 Meeting Minutes Council Member Capra indicated she would like to know what the cost is. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to authorize UP to $500 for an emplovee appreciation dinner and direct Staff to schedule the dinner locallv and make the necessarv arranl!ements. Ms. Moore-Sykes indicated that an informal poll of Staff indicated an interest in going to DeCoy's in White Bear Lake. She then indicated that DeCoy's is available on March 14, 2003 at 6:00 p.m. Council Member Capra asked if the City would be paying overtime. Mayor Sweeney indicated this is by invitation and it is optional whether to attend. Mayor Sweeney indicated that City Council Members would be paying for their meals and the City will not pay for alcoholic beverages and the City will be paying for employee and their spouse's meals VOTE: Aves - 4. Navs -l(Capra). Motion carried. Council Member Capra asked if the developer of the Buckbee had paid the $250.00 per lot as he initially paid only one fee of $250 because, at the time, there was a question as to how many lots there would be. Staff agreed to look into the matter. Council Member Capra asked Staff to send a letter to Centennial Community Services indicating that the City has a policy of not donating as it cannot donate to all causes. She also asked that information on Dead Broke Saddle Club and the Spring Lake Park Lions be included for donation requests. Mayor Sweeney indicated that they could ask the Fire Department for a donation as well. Council Member Paar indicated the EDC meeting was cancelled due to lack of a quorum. He then said it was rescheduled to February 18,2003 and indicated that the main focus of the EDC is improving communication with the Committee, the City and local businesses. Council Member Capra indicated that the City would need to revote on the Resolution approved for funding a new cable building as Ham Lake is not interested in paying. Council Member Broussard Vickers indicated the Planning Commission looks forward to its new members. Council Member Lee asked if the letter of interest for Parks and Recreation would be considered. Ms. Moore-Sykes indicated the information would be in the next packet. Ms. Moore-Sykes indicated she had sent a letter to Mr. Carlson about the additional park fees. Page 140f15 . .. Centerville City Council February 12,2003 Meeting Minutes She then indicated the City had received a letter from the IRS and congratulated Ms. Paulseth for her diligence and perseverance in dealing with the IRS in obtaining the letter stating that the matter has been finalized. Ms. Moore-Sykes indicated she had been asked to determine whether Council is available for a joint work session with the cities of Lino Lakes, Circle Pines and Lexington Councils on March 5, 2003 at 5:30 p.m. Council concurred. Ms. Moore-Sykes indicated the quarterly liquor meeting was scheduled for March 13, 2003 at 3:30 p.m. IX. ADJOURNMENT Motion bv Council Broussard Vickers. seconded bv Council Member Paar to adiourn the February 10. 2003 City Council Meetin2 at 9:20 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 15 ofl5 ,. .* CITY OF CENTERVILLE CITY WORKSESSION MEETING February 10, 2003 5:30 p.m. I. CALL TO ORDER Mayor Sweeney called the Council Worksession to order at 5:40 p.m. Present at the meeting were Councilmembers Broussard Vickers, Capra, Lee and Paar; City Administrator Kim Moore-Sykes and Finance Director Ellen Paulseth. II. DISCUSSION ITEMS 2003 Budget Report and Review. Paulseth gave a report to the Council regarding the budgeting process last year for the 2003 budget. She reported that the previous Council wanted any extra dollars to be in the Streets fund because of upcoming projects involving the construction of2ls1 Avenue, Main Street and Mound Trail. She also indicated that other street reconstruction projects have been discussed. Paulseth reported that most of the City's revenue comes from property taxes. Other proposed revenue numbers are estimates. She indicated that money not designated for the City's operation, are put in capital and other discretionary funds. As such, the Council is able to spend this money on other projects. Paulseth reviewed each fund with Council. Discussion continued regarding the history ofthe various funds. Council discussed the need for the City's parks. They discussed the possibility of forming a joint powers agreement or some other contractual arrangement whereby the cities of Lino Lakes and Centerville could share park space and programs. They also reviewed the Parks maintenance schedule and asked that the maintenance schedule show proposed projects as well as specific projects and their estimated costs. The council reviewed the water funds and asked about the possibility of constructing the new water tower for the City with these funds. Paulseth indicated that this is the fund where these funds should come from. The Council voiced its interest in having a water tower and new well plan to them by the first meeting in June. Council Compensation. Staff reported to Council that Council could change their compensation. The change in the amount of compensation could be done by this Council but would not take effect until after the next regularly ~ . scheduled municipal election. The format of delivering the compensation can be changed at any time, provided it does not affect an increase in the amount each councilmember is compensation. Personnel Policy. Moore-Sykes reported on outstanding issues associated the recently adopted 2002 Personnel Policy. She reported that there are several discrepancies that are putting the personnel policy in conflict with the current union contract with the Public Works employees. The Council directed Moore-Sykes to correct language regarding City compensation of training and education; to correct overtime so that Staff are paid overtime for hours worked over 40 hours, regardless if Staff is using leave or holiday time off. Council also directed Moore-Sykes to convert sick and vacation time to personal time off. There was discussion about the conversion process. Council Chambers Renovation. Council directed Moore-Sykes to have Public Works to get cost estimates for sheet rock to finish off the walls in the Council Chambers that still cement block and paint for two walls. They discussed moving the white board and add a strip with clips on it so that plans and maps could be hung there as well and also to move the podium so that the camera could pick up a speaker easier. Ordinance Codification. Moore-Sykes reported that the City Clerk had informed her that the League of Minnesota Cities contacted her about completing the ordinance codification project that was initiated several years ago. The City Clerk indicated that she will work with Duke Addicks to determine the amount of money that remains on the contract with the League and finish the codification project. Other Business. Chauncey Barrett Phase II. Council also discussed the need to move ahead with Phase II of Chauncey Barrett senior housing. They directed Staff to send a letter of interest in this project to Anoka County. Potentially Dangerous Dog. Councilmember Broussard indicated that she would like the Minnesota Statute's definition of potentially dangerous dog. III. ADJOURNMENT The Council Worksession was adjourned at 8:00 p.m. Respectfully submitted by: Kim Moore-Sykes, City Administrator CITY OF CENTERVILLE CITY COUNCIL MEETING FEBRUARY 26, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on February 26,2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member Paar Council Member Lee Council Member Capra . .0. .. i 0 None. fi;\ rOJ . 0 City Adntin;,trat<rr, /..If;j;, l.t::-SYk" City Attorney, Mr. Jim Hoeft City Engineer, Mr. Tom Peterson ABSENT: STAFF: I. CALL TO ORDER Mayor Sweeney called the February 26, 2003, City Council meeting to order at 6:32 p.m. II. SET AGENDA Mayor Sweeney requested that a discussion concerning the article regarding the City- funded dinner in the Quad Communitv Press Communitv Press be added under pending Issues. Council Member Capra requested that Resolution #03-014, a Resolution declaring March Food Share Month be added under Council Business as well as an update under pending issues on the historic district. Ms. Moore-Sykes requested that the letter from Mr. Richard Kocinski requesting the donation of camcorders be added under Council Business. Council Member Paar indicated he would like to make comments concerning the City- funded dinner and update Council on a telephone call he had received from a concerned resident under pending issues. Motion bv Council Member Broussard Vickers seconded bv Council Member Paar to approve the aeenda as amended. All in favor. Motion carried unanimouslv. Centerville City Council Meeting Minutes February 26, 2003 III. APPROVAL OF COUNCIL MINUTES 1. Februarv 12. 2003 Council Meeting Minutes Mayor Sweeney requested the following changes: On Page 4 of 15 correct the spelling of Kieselhorst throughout the document. Indicate the Lions did not run the festival in 2001 it was run by the Committee but there was $20,000 raised. Council Member Capra requested the following change: On Page 4, second paragraph, third line remove "be done to." Mayor Sweeney requested the following changes: On Page 5 of 15 under the vote further clarify that he abstained within the motion paragraph. On Page 6 of 15, third paragraph change the information on cost reduction for the City billing to read that Waste Management had indicated there would be a reduction in the cost for service if the City were to take on the billing for garbage service. On Page 7 of 15 indicate he voted against the contract. On Page 9 of 15 add that he had asked that the reconstruction be added as a possible alternate to the contract. On Page 11 of 15 change "the" to "then". On Page 13 of 15 change recognition to "dinner". On Page 14 of 15 indicate that Mayor Sweeney had said that the City will pay for employee and spouses meals. On Page 14 of 15 add "with Lino Lakes, Circle Pines, and Lexington Councils." Motion by Council Member Lee. seconded by Council Member Capra to approve the Council Meetine: Minutes for February 12. 2003 as amended. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1. The City of Centerville February 13, 2003 through February 26, 2003 Claims for Approval 2. Centennial Fire District Claims Council Member Broussard Vickers asked for clarification on the Northern Forest and Richard Carlson claims. Finance Director Paulseth indicated that the Mr. Richard Carlson payment was approved by Council at the last meeting and is a final payment. Council Member Capra indicated that the Northern Forest payment is a TIF payment. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to approve the Consent Ae:enda as presented. All in favor. Motion carried unanimously. Page 2 of 20 Centerville City Council Meeting Minutes February 26, 2003 V. A W ARDS/PRESENT ATIONS/APPEARANCES 1. Lifetime Achievement Award for 2001 - Mr. Robert LaMotte Council Member Capra indicated that Mr. Robert LaMotte would not be able to attend to receive his award as he is ill and indicated that his son, Mr. Alan LaMotte would be accepting the award on his father's behalf. Council Member Capra provided a background history for Mr. LaMotte and read his list of many accomplishments within the community. Mayor Sweeney presented the Mr. Robert LaMotte's Lifetime Achievement Award to Mr. Alan LaMotte. Mr. Alan LaMotte accepted the award on behalf of his father and thanked the Committee and the City for the award, saying it was an honor for his father to be recognized. 2. Lifetime Achievement Award "Special Recognition" for 2001 - Mr. Wayne LeBlanc Council Member Capra provided a brief history of Mr. Wayne LeBlanc and provided his list of involvement within the Community. Mayor Sweeney presented the Lifetime Achievement Award, "Special Recognition" to Mr. LeBlanc. Mr. LeBlanc thanked the City for the recognition and said it is a pleasure to work in such a great community. He then said that many good things have been done but there is still a lot to do with upcoming development and potential redevelopment and asked the City to remember to preserve open space for the future when making decisions on the developments. 3. Ms. Roberta Wirth - Potentially Dangerous Dog Chief Heckman provided an overview of the events leading up to the declaration of "Potentially Dangerous Dog". Chief Heckman indicated that the police report reflects that two individuals were walking down Eagle Trail and there was a dog that came out into the street and bit a person on the right leg and left three gouges. The officer called to the scene spoke to the owner of the dog and the owner stated that she was aware that the dog had just bitten someone and had stated that the dog was called out and ran toward the individual. The owner also stated that the dog does not know the difference between the road and the yard. Chief Heckman indicated that the follow up with the victim indicates that the dog ran out of the garage across the street and bit her in the leg. She was on the east side of Eagle Page 3 of 20 Centerville City Council Meeting Minutes February 26, 2003 Trail and the dog ran across the street. He then said that, per state statute, the dog falls under the potentially dangerous dog definition and notice was sent. Ms. Roberta Wirth, 7065 Eagle Trail, said this is ridiculous and not true. She then explained that the dog was provoked. She then said that the officer that came to her house was told that the dog was kicked and he said "I would kick a dog too if it came barking at me." Ms. Wirth indicated that, per state statutes, when a dog bites when unprovoked it should be declared potentially dangerous but that is not the case as the dog was provoked. She then stated that the couple stopped in front of the house and yelled to the dog while making eye contact with it. She also said that her son saw the man kick the dog. Ms. Wirth indicated that the person who was bitten lives directly behind her but went the long way home so the individual could not have been too terribly injured. She then commented that this situation has caused a great deal of stress for them as the couple has called her and threatened to take her house and said they were going to put a lien on her house. She also indicated that the woman was given $1,000 by her homeowner's msurance. Ms. Wirth commented that this has been very stressful as it was during a time when her mother was very ill and her mother passed away last week. Ms. Wirth provided a picture of her dog indicating the dog is a 9 or 10 pound Jack Russell Terrier who is sweet and gentle and plays with anywhere from 1 to 5 children every day and has never bitten anyone. She also provided information from the AKe website that listed the traits ofthe Jack Russell Terrier. Ms. Wirth indicated that the letter sent by the police department to notify her was sent certified mail but she did not pick it up as it was not clear who the letter was from and she mistakenly thought it was another real estate solicitation. She then said that when she did attempt to obtain the letter from the post office they had lost it. She further commented that the police threatened to take the dog because she had not been made aware of the requirements because she had not received the letter. Ms. Wirth indicated she has been fined, the person bitten has received $1,000 from her insurance company and the dog was off her property by 6 inches for 30 seconds. She then said that nothing would have happened had the couple kept walking and not provoked the dog to run into the street to be kicked. Ms. Wirth indicated she has a 6-foot fence in her back yard and a kennel that would meet the requirements as well as a $300,000 public liability insurance policy. She then said that the dog is normally in the backyard or on a leash and has never bitten anyone and she does not want "Baby" to be given that label as she has been through enough with the lawsuits and threats from the police. Page 4 of20 Centerville City Council Meeting Minutes February 26, 2003 Council Member Lee commented that the gentlemen kicked the dog, but the lady was bitten and had not provoked the dog. Ms. Wirth commented that the statute states "ifthe dog is provoked" and she was provoked. Council Member Broussard Vickers asked for clarification on the dog being provoked whether it was the eye contact or standing in front of her house. Ms. Wirth indicated the dog being kicked was the provocation. She then said that the dog barked at them and was kicked. Mayor Sweeney asked if the dog was kicked before the bite. Ms. Wirth indicated the dog was kicked before it bit the woman and the officer was told that. Council Member Paar said he was sorry about the unfortunate circumstances Ms. Wirth has been experiencing but said that making eye contact with a dog should not provoke it to bite. Ms. Wirth indicated the eye contact did not provoke it to bite but the eye contact made the dog run out to the street barking and the man kicking the dog provoked the bite. She further commented that she walks around the City and when a dog runs out barking you keep walking and do not stop and stare at the dog and then kick it. Council Member Broussard Vickers commented that the dog was not vaccinated. Ms. Wirth indicated the dog was vaccinated as a puppy and was due for shots. Council Member Broussard Vickers commented that the dog was also not licensed. Ms. Wirth indicated she had a license that was good for the life of the dog. That license was good for the life of the previous dog. Council Member Broussard Vickers explained that one license is good for the life of one dog and could not be used for all subsequent dogs in the household. Ms. Wirth said she understands that now and apologizes. She then said that the dog is licensed and she has paid a fine for that. Council Member Paar asked whether the dog had been tested or observed for rabies. Ms. Wirth indicated the dog does not have rabies and commented that it lives in her house and sleeps with her children. Council Member Capra said she was sorry for what Ms. Wirth has gone through and she understands, as she lost her mother in September. She then said that her son was the victim of a dog bite from a dog that she never would have questioned and he took the top of her son's ear off. She further commented that the fact is the dog ran into the street and it bit someone and that, in her opinion, makes it a potentially dangerous dog. She then said that whether or not the dog was provoked, the dog did bite someone. Council Member Lee indicated that kicking the dog could have been in self-defense. Ms. Wirth indicated that state statute states that the dog can be declared potentially dangerous only ifit bites unprovoked. Page 5 of20 Centerville City Council Meeting Minutes February 26,2003 City Attorney Hoeft indicated the Chief had given the definition of potentially dangerous dog and this dog meets one or two requirements, so there is no question that the determination of Council will follow the recommendation of the Chief as well as state statute. Council Member Broussard Vickers indicated that the size of the dog does not matter. She then commented that Ms. Wirth has several of the required items already and declaring the dog potentially dangerous and requiring the fenced backyard, kennel, and insurance, as well as, requiring that the dog be under the control of an adult when on leash should not pose an undue hardship on Ms. Wirth. Mayor Sweeney commented that running away from a dog or not stopping could provoke the dog to attack and that may be why the people stopped when the dog approached them. Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers to uphold the determination of the classification of potentiallv dan!!:erous do!!:. All in favor. Motion carried unanimouslv. Chief Heckman indicated that State Statute 347.515 requires a microchip be implanted for identification. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar that the potentiallv dan!!:erous do!!: have a proper enclosure. the owner provide and show proof annuallv of public liability insurance. when on leash be under the control of someone 16 years of a!!:e or older. and that the owner provide proof of microchip identification as provided bv state statute. All in favor. Motion carried unanimouslv. VI. PUBLIC HEARING(S) None. VII. BUSINESS 1. Resolution #03-011 - Wiseguy's Pizza and Pub Administrative Fine Mayor Sweeney read a letter from the Police Department concerning the failed compliance checks by Wiseguy's Pizza and Sager's Liquor. He then indicated that both businesses would be fined $500. Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to approve Resolution #03-011. All in favor. Motion carried unanimouslv. Page 6 of 20 Centerville City Council Meeting Minutes February 26, 2003 2. Resolution #03-012 - Sager's Liquor Administrative Fine Motion by Council Member Broussard Vickers. seconded by Council Member Capra to approve Resolution #03-012. All in favor. Motion carried unanimously. Council Member Lee indicated he would like to see the fines go toward setting up an independent compliance check. Ms. Moore-Sykes indicated that Staff had researched the matter and found that the independent contractors only provide compliance checks for training purposes. Mr. Ken Vanderbeek from Wiseguy's Pizza asked if it would be possible not to use a Centerville police officer because the employee recognized the officer and even though the minor was carded still was served because the employee could not believe that a known officer would come in and try to help a minor obtain alcohol. Mr. Terry Sager indicated that his employee has been doing this for 12 years and had never failed but having the person with a Centerville officer lead to confusion. Council Member Broussard Vickers clarified that the employees assumed that a person coming in with a police officer must have been legal. She then asked whether the police department usually sends an officer in with the minor. Council Member Lee indicated it is customary to send a younger person in with an older person to try and get the establishment to serve them both. Mr. Wilharber indicated that he remembers both at Waterworks and at Trio where an officer did accompany an underage person into the establishment, as the officer has to obtain the evidence. Mr. Grahek indicated that in St. Paul they use a body microphone on the underage person to ensure safety but said it is not uncommon to send an officer in to guarantee the safety of the minor. Ms. Wirth indicated she would like to see the fine be given to Mother's Against Drunk Driving. Mayor Sweeney indicated the City would take that under consideration. 3. Mr. Jeffrey Hanzal Proposal-7071 & 7073 Centerville Road Proposal Council Member Capra gave a brief overview of the history of the building. Council Member Broussard Vickers indicated the City was looking for a developer to redevelop and rehabilitate the entire block. Page 7 of 20 Centerville City Council Meeting Minutes February 26, 2003 Council Member Capra indicated that the reason nothing has been done to the building is because the Auditor had recommended doing nothing so that TIF funds could be used for redevelopment. Mr. Hanzal indicated that the building could be rented with a few minor corrections and updates. Ms. Neisius asked what the City's intention was with regard to the property. Council Member Broussard Vickers indicated the City's intention is to have the whole block available for redevelopment. City Attorney Hoeft clarified that the City was able to purchase the property early as the resident wanted to move to a retirement facility. He then explained that if someone is allowed to rent the property, it opens the City up to having to pay relocation benefits for moving them out and those costs would far exceed any money the City would earn from renting the property. He further commented that the City of Fridley held property it owned for 10 or more years and it is now the world headquarters ofMedtronic, so it is in the City's best interest to hold onto the property until a developer comes to the City with a plan for redeveloping the block that would benefit the City. Mr. Hanzal asked whether the City would be interested in selling fixtures and cabinetry from the building since it will ultimately be demolished. City Attorney Hoeft indicated that would be open for discussion and suggested Mr. Hanzal contact Public Works to discuss a proposal that will be brought to Council for consideration. 4. Mr. Carl Buechler -7071 & 7073 Centerville Road Proposal The above information would apply. 5. Police Department Consolidation Ms. Moore-Sykes reminded Council of the upcoming informational meeting on March 5, 2003 at 5:30 p.m. Council Member Capra indicated she would like to discuss the matter as a Council prior to going to the joint meeting. Ms. Moore-Sykes indicated that the joint meeting is an informational meeting where Council will obtain information to be discussed at a meeting of Centerville Council and there are no decisions to be made at this time. Council Member Capra indicated she would like to discuss how Council feels about the matter. Mayor Sweeney indicated this informational meeting is necessary to provide the information that needs to be discussed. Mr. Tom Wilharber, 6849 Centerville Road, indicated that the City has discussed consolidations over the years and he would like the City to carefully consider the mileage Page 8 of20 Centerville City Council Meeting Minutes February 26,2003 along with types of calls. The second thing he asked Council to consider was a citizen advisory committee to provide residents with an opportunity to comment regarding police officers. Council Member Broussard Vickers asked whether the public was invited to the informational meeting. Ms. Moore-Sykes indicated the meeting is open to the public but said public comment would not be taken at this meeting. She then indicated that public input on the proposal would be taken at the March 26, 2003 Council meeting. Ms. Wirth indicated the open meeting laws require notification of the meeting. Mayor Sweeney indicated the meeting had already been posted. Council Member Capra indicated she would like to see the number of patrolling officers at five rather than four as proposed. Ms. Moore-Sykes indicated that could be discussed at the meeting. Mr. Robert Wright, a police commission member, addressed Council and asked that the funding formula be kept open ended without locking the City into a funding formula today that will not work in the future. He also expressed concern with the fact that the proposal indicates there is no job guarantee and he is afraid that there could be large numbers of officers looking for employment elsewhere which would cause a major issue with funding unpaid benefits. Mayor Sweeney indicated he is aware of funding concerns. Mr. John Grahek, a police commission member, addressed Council and indicated he is encouraged by the proposal presented. He then said that he is concerned because he has heard that there are five officers actively seeking employment with other departments and the reason is because the proposal does not guarantee jobs. He also cautioned that the timeline says all of this will be done by January 1, 2004 and he feels that is a very short amount of time to accomplish all that needs to be done to close out two departments and create one new department. Mr. Grahek expressed concern that four officers may not be enough because two incidents tie up all of the officers and some cities require more coverage than Centerville so he thinks the coverage will not be the same in Centerville based on the formula presented. Mr. Grahek indicated the proposal lists 30 officers and right now there are 39 so that equates to 9 lost jobs. Mayor Sweeney indicated the proposal has $200,000 in it for service officers and, if a Chief were to be hired, that person along with the Administrators would set the budget. He further clarified that this is an early proposal and all of the numbers are subject to change. Mr. Grahek indicated that it is a major undertaking to add officers once the formula has been set so he asked that the cities proceed cautiously. Page 9 of20 Centerville City Council Meeting Minutes February 26, 2003 Council Member Broussard Vickers expressed concern that the officers are agitated to the point of looking for other employment and asked whether there was anything that could be done to give some level of confidence. Mayor Sweeney said he would hope that the existing officers would be patient and see the process out. He also commented that any officers who work in this area; currently, either with Lino Lakes or Centennial Lakes, he would think would have priority because they know the area and there would be less training involved. Mayor Sweeney thanked the Commissioners for their comments but clarified that this is an early proposal and there is a lot of discussion and input to take place before a formal proposal is determined. He then asked that everyone exhibit patience as the process moves forward. Council Member Lee indicated the intent is to reduce costs without reducing police coverage. 6. Resolution #03-013 Amending Resolution #02-064 - Personnel Policv Council discussed the number ofPTO days that can be carried over. Council Member Lee suggested it may be in the City's best interest to offer disability insurance. Ms. Moore-Sykes indicated that other cities have short and long term disability insurance so that an employee would not be at home without a paycheck in the event of a long term illness or injury. Ms. Moore-Sykes indicated that she had researched a disability insurance policy and found that, since there are so few employees that would be covered, 100% participation is required and that would be tough to achieve voluntarily because the policy is age based and can be expensive. She then recommended determining whether it is more expensive to allow employees to carry over PTO or provide disability insurance. Council Member Broussard Vickers indicated she felt the PTO part of the policy was not ready for approval and she would like further information. Ms. Moore-Sykes indicated the amendment to the policy would be Exhibit A for the Resolution. She then said that another issue is how to deal with the sick time that is already on the books for two employees. Mayor Sweeney indicated the City would need to buyout the sick time but he is not ready to proceed with the Resolution for the PTO portion. Council Member Capra recommended rectifying Section 6.6. Page 10 of20 Centerville City Council Meeting Minutes February 26, 2003 Council Member Broussard Vickers suggested handling the educational reimbursement at this time. Council Member Broussard Vickers indicated that if an employee is required to use 10 days, it implies that the employee can carryover 12 and she would prefer the employee be required to use 12 days for 0 - 5 years, 17 days for 6 to 10 years and 22 days for 11 or more years. Council Member Broussard Vickers clarified that passing the Resolution would make it Exhibit A modifying sections 13.2 and 6.6. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to approve Resolution #03-013 with Exhibit A addressin2 tuition reimbursement. educational assistance. and overtime. All in favor. Motion carried unanimouslv. Council Member Broussard Vickers asked staff to obtain infonnation on costs associated with carrying over a large number of PIO days versus providing a disability policy for discussion at the next meeting. 7. Resolution #03-014 Declaring March Food Share Month Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to approve Resolution #03-014. All in favor. Motion carried unanimouslv. 8. Request to Donate Camcorder Council Member Broussard Vickers indicated the City does not make donations to any other type of entity as a matter of policy. Ms. Kim Stephan indicated the City cannot get batteries for the cameras and the only suggested use for them was to use them at the skating rink for surveillance. Mayor Sweeney indicated that the City has a policy of not donating, but the City could offer them for sale at a nominal fee if they are of no use to the City. Council Member Broussard Vickers asked Staff to report in the Week-in-Review that the City has cameras for sale to allow others access to them. Council Member Lee indicated that the Parks and Recreation Committee is having a terrible vandalism problem at the park off Brian Way and the Committee discussed using surveillance cameras to catch the vandals and recover some of the expenses for fixing the equipment being destroyed. Council asked that Staff look into whether the cameras can be used for surveillance and, if not, offer them for sale. Page 11 of 20 Centerville City Council Meeting Minutes February 26, 2003 VIII. ANNOUNCEMENTS/uPDATES 1. Water and StreetJPavement Management Plans Ms. Moore-Sykes indicated she had met with Ms. Paulseth and Mr. Palzer regarding issues for water and streets and a request from the Parks and Recreation Committee to look at a park maintenance schedule. She then overviewed her memorandum provided to Council and indicated that each plan would cost approximately $15,000 and would outline procedures, expenditures and provide a clear vision of future projects for the City. Mr. Peterson indicated the study would rate the projects and give different options and recommendations, as well as, costs for budgeting purposes. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to order a Street Maintenance and a City Water Distribution Plan to be paid out of the water fund and street fund at a cost not to exceed $15.000 per plan. All in favor. Motion carried unanimouslv. 2. Legislative Update Ms. Moore-Sykes indicated that the Governor's plan, yet to be approved by the House and Senate, would mean that the City ofCenterville loses $93,000 this year and $107,000 next year. Council Member Capra commented that the City has fixed costs that cannot be reduced and the cuts may not be 5% across the board, some will be higher. She then said that freezing state workers wages is one thing, but cities and counties should be allowed to manage their own employees. Mayor Sweeney commented that a City that is managing itself properly should have funds available for its employees and the City should be allowed to make decisions concerning its employees. Council Member Paar commented that something has to be done to solve the 12 years of excessive state spending. Mayor Sweeney commented that revenues increased by 6% and expenditures by 14% and that is a problem. Ms. Wirth indicated she did not feel it was fair to freeze state employee wages' as she is one. She then said that taxes have been decreased 17% over five years and that is exactly the state deficit amount so it is not out of control spending. Mayor Sweeney commented that had he worked for a company that did state work and when the person in control of budgets says that he has to spend his entire budget in order to get more money next year that concerns him. Page 12 of20 Centerville City Council Meeting Minutes February 26, 2003 3. Capital Proiects Update City Attorney Hoeft had no report. 4. Pending Issues Council Member Capra indicated she went to her first Fire Steering Committee meeting and there was a discussion of setting aside more money for replacing capital equipment. Council Member Capra indicated the Cable Commission may be holding a special meeting in order to accelerate the Resolution to amend the Joint Powers Agreement to purchase property. Council Member Capra indicated she had spoken with the Deputy Chief and he had said he received permission to solicit charitable gambling funds for the purchase of defibrillators that are not weather sensitive and that can be used on children. She further indicated she had told him about the 10% the City receives from charitable gambling and that some funds may be available. Council Member Capra indicated she had learned from Ms. Paulseth that there are issues with retaining the 10% and she is looking into that matter with the Gambling Control Board. Council Member Paar provided an update on the EDC meeting. Ms. Moore-Sykes indicated that enough advertisements were sold to nearly offset the cost of the business directory. She then indicated that, with postage, the City contribution would be between $700 and $800. Council Member Paar indicated the Business Appreciation dinner is tentatively scheduled for Tuesday, May 13, 2003 and the EDC would like Mayor and Council Members to attend. He then said that Mayor Sweeney has been asked to give a speech and introduce himself at the meeting. Historic District Update Council Member Capra reviewed the results of the historic survey indicating that out of 42 surveys mailed there were 8 "No" responses and 9 "Yes" responses. Ms. Moore-Sykes indicated that in order to stop the designation, there needs to be 51 % opposed to it. Council Member Capra indicated she would like to provide a map with the "Yes" and "No" responses listed for review at the next meeting. Page 13 of 20 Centerville City Council Meeting Minutes February 26,2003 Ms. Moore-Sykes indicated that Anoka County IS required to do an historical preservation district inventory as part of the process. Council Member Broussard Vickers indicated she did not think it was necessary for Council to continue receiving the Chauncey Barrett information in their packets. City Emplovee Dinner Mayor Sweeney indicated he had read an article today at 3:30 p.m. in the Qyfli1 Community Press about the employee dinner and he is not happy about how the article portrayed him. He then commented that he had made an effort to call the reporter and he was misquoted. He further commented that to suggest that he is having this dinner for his wife, as a benefit, did not sit well with him. Mayor Sweeney commented that his wife had nothing to do with the suggestion of an employee meal. He then said that he just started a business this year and it is his opinion, as a business owner and someone with an employee, that the employee dinner is a legitimate business expense. He further indicated that he had taken his employee and spouse to dinner on his business expense as he feels that treating people properly and making them feel wanted and a part of the business goes a long way toward enhancing the business. Mayor Sweeney indicated that the reason he suggested the employee dinner was because with all the stress and demands on peoples' time he feels that to have someone say "I appreciate you" goes a long way and that is his main reason for asking for this dinner. He then clarified that the vote was four (4) to one (1) and the City Attorney was consulted and provided the opinion that this employee dinner is an acceptable expense that the City can legally do and he takes the City Attorney at his word. Mayor Sweeney clarified that the money for the employee dinner will not be coming from the road fund as was stated. He then explained that the City budget contains an awards and appreciation fund with $400 budgeted, as well as, a miscellaneous fund with $500 budgeted. Mayor Sweeney indicated that if all nine (9) employees and their spouses, the Engineer and his spouse, the City Attorney and his spouse, and the TimeSaver representative and her spouse attend the dinner at $15 per meal with a 15% tip, the expenditure for all of those people would come to approximately $423 and the motion was for an expenditure up to $500 with Council Members paying for their meals. Mayor Sweeney read the quote from the Quad Community Press concerning the dinner and clarified that what he had actually said was that he thought it would be a good idea to meet the spouses of the employees and would be a good way for new Council members to meet the employees and for the employees to meet the new Council members. Page 14 of20 Centerville City Council Meeting Minutes February 26, 2003 Mayor Sweeney indicated that when he had heard that an inquiry was made to the State Auditor's Office he had asked the League of Minnesota Cities to send him information based on these types of expenditures. He read the following comments received from the League of Minnesota Cities indicating that the expenditures appropriate: "The Office of the State Auditor (OSA's) report criticized Brooklyn Park for amounts spent on an annual holiday party and an annual employee picnic. The Auditor also questioned amounts spent on food for employee meetings. The Auditor concluded that the expenditures did not further a public purpose and recommended that the city discontinue expending public funds for employee's social events. The OSA's report relied on an Attorney General's opinion from 1966, finding that "Any public benefit that might result from the proposed social event is too remote and speculative to justify this expenditure as being one for a public purpose." "The League of Minnesota Cities offers several observations regarding the statements made by the Office of the State Auditor and the Attorney General's Office is that whether a public purpose is served by expenditure by nature, is largely a matter properly left to the discretion of individual councils." "We think a city council, as an employer, could logically conclude that expenditures for employee events, including food at employee meetings, really have as their primary purpose, the creation of a more productive work force that better serves the interests of the citizens of the community." "Each City Council should decide whether it believes these types of employee benefits promote a public purpose and serve the best interest of the citizens of their community." "With regard to the authority questions, a compelling argument can be made that such expenditures are a natural incident of the employer/employee relationship and that authority for such expenditure is implied as part of the authority to hire, retain and compensate employees." In conclusion; the League also stated that "courts accord a fair amount of deference to a city council's decision on municipal spending decisions. If a city council decides that it is appropriate to spend city funds on the types of expenditures discussed in this memorandum, we suggest that city councils spend time considering the issue and make their decisions only after thoughtful deliberation, considering all the practical, legal and political implications of its decision." Council Member Capra indicated that out of the amount budgeted for awards and presentations $100 was spent for the Lifetime Achievement awards and part of the money was set aside for the volunteer recognition dinner. She then indicated she had received several calls and told them it was a four (4) to one (1) vote and she believes it is against the law, in her opinion, and she would call the State Auditor and she followed through. She further commented that she had one e-mail and two residents called and she told them it was a non-issue and that they should contact other Council Members as she voted in the minority and could not recall the matter. She also commented that the reporter had asked her for her comments. Council Member Paar indicated he had talked to Ms. Jen Haas at the Quad Community Press and apparently nothing he said was important because nothing he said was listed in Page 15 of20 Centerville City Council Meeting Minutes February 26, 2003 the article. He further commented that it would have helped if his comments were included because he had backed up the Mayor. Council Member Paar commented that Council Member Capra can make her comments as it is a free country but the reporter asked him for his comments and then did not include them and that made the Mayor look bad unnecessarily and he feels that is inappropriate. Council Member Capra indicated she did not talk to Mr. Bums, she had received a fax from a lady with an Attorney General finding. Council Member Lee commented that the article not only made the Mayor looked bad, but the entire Council. He then said that he saw this dinner as an opportunity for teambuilding and to correct a perceived animosity between the Staff and previous Council. He further commented that when this was brought up on January 29,2003 the vote was unanimous and, if it is a fact that this is illegal, that should be stated in the paper but it is not and he feels if it is not fact, it is not only bad taste but malicious to bring it up to the paper. Council Member Lee indicated he had hoped that the employee dinner would be an event to bring Staff and Council closer together and it is doing just the opposite and he is embarrassed by that and wishes it did not go this way. Council Member Lee indicated there was no mention in the paper that City Attorney Hoeft had advised Council on the legality of the employee dinner at the meeting and that, he feels, is a gross error on the part of the Quad Communitv Press. Council Member Paar indicated he had brought that up with the reporter and that was not printed. Council Member Lee indicated he would appreciate it if Council Members obtaining information that was not discussed in this Chamber, provide the information to all members for review. Council Member Capra commented that she had told Council she felt the dinner was illegal. Mayor Sweeney commented that it is an Attorney General opinion, not fact. Council Member Paar indicated he had told the person that called that he would bring her concern to Council and he has done that. He then stated that he does not agree with her but it is his job to bring the information forward. He further commented that he had told her he voted yes for the dinner because he feels the dinner, at a nominal cost to the City, will go a long way toward making the employees feel appreciated and valued which will lead to improved communications and an improved working environment. Page 16 of20 Centervil1e City Council Meeting Minutes February 26, 2003 Council Member Paar indicated he had also made it clear that no alcohol would be paid for and that Council Members would be paying for their meals. Council Member Capra commented that the resident that called Council Member Paar had called her and said that Council Member Paar had said that this was being done as a gesture because the former Council was so hard on Staff. She then asked if that was his comment. Council Member Paar clarified that he had told her that there were issues with former Council and Staff and when he said that she had started bringing up issues and he had told her he wanted to move forward. He further clarified that he had told the resident that if the Mayor had suggested an extravagant weekend retreat at great expense to the City he would have been opposed but he feels this dinner is a nominal cost for the potential gain to the City. He also said that she was concerned with the legalities of the dinner and he had told her that the City Attorney advised that it was appropriate for the City to pay for the dinner for employees. Council Member Capra commented that on the note of the previous Council being hard on the Staff she would agree that they were hard on Staff but said it took over a year to get answers on the finances ofthe City. Council Member Broussard Vickers indicated she did not feel it was appropriate to be discussing former Council and former issues. Council Member Paar commented, for the record, that he never said that the Council was hard on the Staff, he had said there were some tensions between both Council and Staff. Council Member Capra indicated she is supportive of Staff as she feels the City is on the right track and making headway. She then said that the City dealt with the Christmas party two years ago and had a memo from the League of Minnesota Cities indicating that it was inappropriate. City Attorney Hoeft indicated that was not correct. Council Member Capra indicated she had found a reference to it in the November 2001 minutes. She then said that when the reporter called her and asked questions, she told them to contact other Council Members because she would not be recalling the matter as hers was not the deciding vote. Council Member Broussard Vickers indicated that she is concerned that Council Member Capra goes outside the City whenever she disagrees with an opinion given here to get verification of her opinion. She then said that this is not the first time and she has concerns with Council Member Capra calling the State Auditor and bringing issues to their attention that the Council, as a whole, has already decided on. She further commented that she had received an opinion from the Attorney on the matter and voted accordingly. Council Member Capra asked whether Council wished to recall the matter. Page 17 of20 Centerville City Council Meeting Minutes February 26, 2003 City Attorney Hoeft commented that this point of view was originally started with political grandstanding by the former State Auditor. He then said that the thing he was disappointed in is that he, as the City's legal counsel, never received a telephone call or voicernail concerning the legal aspect of the employee dinner. Mayor Sweeney indicated he was confronted by a fellow firefighter last night and that is why it is being discussed. City Attorney Hoeft commented that he would have thought it would be prudent for the newspaper to contact him. He then said that the information from Mr. Grundhoeffer at the League of Minnesota Cities was accurate, given short shrift. He further clarified that the gentlemen from the State Auditor's office indicates that there is no statute that authorizes the City to spend money for an employee appreciation dinner and he disagrees with that as there is a statute that authorizes the Council to spend money that is for a public purpose. City Attorney Hoeft commented that there has been a lot of talk about wanting cities to operate more as private businesses because cities have not been accountable for the money they receive and spend, so cities have attempted to do that to be more accountable but they do not seem to want to carry out some of the things, such as employee appreciation, recognition service, longevity awards, and teambuilding activities and for someone to say that these types of activities do not benefit the City as a whole, demonstrates a lack of understanding of team concepts. He then said that the group he works with does things together personally, and it makes their unit of the firm more efficient and, in turn, makes the firm more profitable. He further commented that people who know enough about each other personally know how to get along well and work well together and get along better and are, as a result, more efficient. City Attorney Hoeft indicated that the State Auditor has no legal authority to say that the employee dinner is inappropriate or illegal. He then said that, if the Auditor's office feels that the spending is inappropriate, then they are out touch with the function of cities and that was recently demonstrated with the recent report on LGA showing a complete misunderstanding of municipalities. City Attorney Hoeft indicated that the State Auditor has no legal authority to render an opinion as to whether something is or is not legal. The State Auditor has the authority to render an opinion as to whether it is an appropriate expenditure and, if they feel it is not, refer the matter to the County Attorney for consideration and possible charges. City Attorney Hoeft indicated that the League of Minnesota Cities has said that the safe thing would be not to do it because then the question would never be raised but, if the Council, as a body, makes the determination that the expenditure is for a public purpose, it is appropriate. The State Auditor has no authority over that and can only refer the matter to the County Attorney for charging out as a crime. He then said that there has Page 18 of20 Centerville City Council Meeting Minutes February 26,2003 never been a case where something like this has been charged out and he said there will not be here or in any other City. City Attorney Hoeft indicated the dinner is fine for the reasons that other Council Members stated as it is for a public purpose and to see it as something as a perk that is only a benefit to the current employees as if the City was adding $25 onto their paycheck is missing the point of how government needs to function in these times of being efficient and cost effective. Council Member Capra asked if this was written into the personnel policy as compensation, would it be an approved expenditure. City Attorney Hoeft indicated the expenditure could be legitimized in a number of ways. He then said that to say it is illegal if it is not in the personnel policy is irritating and not worth discussion. He further commented that it is irritating to him that anyone from this Council that was contacted did not go through and disseminate information from the League of Minnesota Cities that would show the opinions given to alleviate some of the negativity and one sidedness of that article. Ms. Wirth indicated that state employees, in an effort to control spending, have a potluck when they get together and it is very fun. Council Member Capra indicated that was suggested and not approved. Mayor Sweeney said he appreciates all the comments and everyone is entitled to disagree with him or any other Council Member but the thing he does not appreciate is having this aired out in the paper after a decision has been made by the Council. He then said that it would be his recommendation that the City look into using another newspaper for publishing its legal notices should the Quad Community Press continue to publish one- sided articles containing misinformation. Council Member Broussard Vickers indicated she would like to consider other options for the City's legal newspaper. Mayor Sweeney commented that he feels the news should be reported, and reported accurately, as there are some people that feel if it is in the newspaper it must be true and, in this matter, that is not the case. He then commented that continued misquotes and misinformation would prompt him to recommend using another newspaper. Council Member Capra recommended Mayor Sweeney contact the newspaper if he believes he was misquoted. Mayor Sweeney indicated that he would prefer that the paper get the information right the first time as this was a front page article and a retraction, if any, would be several pages back and not as widely viewed. Ms. Moore-Sykes reminded Council ofthe upcoming newly elected officials training. Page 19 of20 ~- Centerville City Council Meeting Minutes February 26, 2003 IX. ADJOURNMENT Motion by Council Broussard Vickers. seconded by Council Member Caora to adiourn the February 22. 2003 City Council Meetin2 at 9:27 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 20 of 20 CITY OF CENTERVILLE CITY COUNCIL MEETING MARCH 12,2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on March 12,2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney @J Council Member Paar Council Member Lee ..... ... d.. ... ... 0 Council Membe, C_ . ... ... ....U ~I None. . ..6.. 0 City Administrator, Ms. Moore-Sykes City Attorney, Mr. Jim Hoeft City Engineer, Mr. Dan Schluender ABSENT: STAFF: I. CALL TO ORDER Mayor Sweeney called the March 12,2003, City Council meeting to order at 6:28 p.m. II. SET AGENDA Mayor Sweeney requested that building permit information be added under announcements and updates. Council Member Lee requested that discussion of an ordinance barring bring your own bottle type establishments be added under council business. Motion bv Council Member Broussard Vickers seconded bv Council Member Lee to approve the al!enda as amended. All in favor. Motion carried unanimouslv. III. APPROVAL OF COUNCIL MINUTES 1. Februarv 10.2003 Council Worksession Meeting Minutes Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to approve the Council Worksession Meetinl! Minutes for Februarv 10. 2003. All in favor. Motion carried unanimouslv. Page 1 of 17 2. February 12. 2003 Council Meeting Minutes Mayor Sweeney requested the following changes: On Page 2 of 20, first paragraph, third sentence insert "a city committee" and "approximately" in front of $20,000. On Page 4, third paragraph remove yelling. Sixth paragraph, same page, sentence 2 modify to read "She also provided information from the AKC that listed Jack Russell Terriers Ms. Wirth provided information from the AKC web site that listed the traits of the Jack Russell Terrier." On Page 5, indicate the license was good for the life of the previous dog. On Page 11, third paragraph add "it" in between make and exhibit, and add modifying between A and Sections. On Page 15, change "part" to "party". Council Member Capra requested the following changes: On Page 7, insert Mr. Ken Vanderbeek for a representative of Wiseguys. On Page 13 change would to "may be". Motion by Council Member Broussard Vickers. seconded by Council Member Paar to approve the Council Meetinl?: Minutes of February 12. 2003 as amended. All in favor. Motion carried unanimouslv. IV. CONSENT AGENDA 1. The City of Centerville February 24, 2003 through March 13, 2003 Claims for Approval 2. Centennial Fire District Claims 3. Parks and Recreation Committee Request to Expend Funds Not to Exceed $150 Associated with Earth Day Events Planned in Local Parks 4. Electrical Inspection Contract - Mr. Dave Kichler Mayor Sweeney requested that the Electrical Inspection Contract be removed for discussion as he had found some spelling errors. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to approve Consent Al?:enda Items 1. 2. and 3 as presented. All in favor. Motion carried unanimously. Mayor Sweeney requested the following changes to the contract: On Page 3 under Independent Contractor change "wit" to "with". On Page 4, under 10.2 change to personal delivery and under 11.1 anyone should be two words and names should be names. Motion by Council Member Lee. seconded by Council Member Paar to approve the Electrical InsDection Contract as amended. All in favor. Motion carried unanimous Iv. V. AWARDS/PRESENTATIONS/APPEARANCES 1. Ms. Bonnie McDonald. Anoka County Historical Society Page 2 of17 Council Member Capra gave a brief overview of the history of the Design Team and the process for declaring an historical district. Council Member Lee indicated he felt the mailing should have stated that not returning the card would count in favor of the historic district. Council Member Capra indicated that information was listed in the second mailing that there would need to be 51 % to oppose the district. Ms. Bonnie McDonald introduced herself and thanked Council for the opportunity to provide information on a possible historic district. Ms. McDonald indicated Council Member Capra had asked her to come as a professional in the field of historic preservation planning. She then briefly gave an explanation of the process of placing properties on the national register of historic properties. Ms. McDonald indicated she had received calls concerning whether the national register historical designation affected personal property rights. She then clarified that it does not except where federal funds are used and federal funds are rarely given to individuals to renovate their homes. Ms. McDonald described the process for designating an historic district. Council Member Lee asked if the City moved forward, what the time frame would be to create the historic district. Ms. McDonald indicated the timeline is governed by the time required to gather the information required and dependent upon the level of interest or expertise in writing the request. She then recommended allowing at least six months and as much as one year. Council Member Capra indicated that shee had begun photographing the homes that were within the original surveyed area and started the process of determining when they were built and who owned them. She then indicated that the designation would require careful review by the County as to whether the buildings could be removed to allow widening of CSAH 14. Council Member Lee asked whether the City had any requirement to assist with funding the historic district application. Ms. McDonald indicated Council could chose to support the writing of the nomination with or without financial support. She further clarified that the City has no legal obligation to financially contribute. Council Member Lee asked that if Council were in favor of this nomination, if the City would have any control over which homes are included. Ms. McDonald indicated neither the City, nor the person who wrote the designation, has control over whether the nomination is accepted by the National Park Service. She then said it is the right of all Page 3 of 17 persons, as a citizen, to write the nomination if they believe the area is historic and desire to be preserved. Council Member Lee commented that without the support of the Council, it would be more difficult to move forward. Ms. McDonald indicated that anyone writing the nomination would be required to use his or her own resources if the City chose not to financially support the nomination. She then said that she believes that the National Register Historian does take into consideration how the community feels about the request. Council Member Capra indicated that if there are homes or business within the district and a person wants to sell or renovate they have every right to do so and this does not give any right to stop someone from changing their property. Ms. McDonald indicated that this is an "honor roll" type recognition that recognizes the special features of the community and there are no regulations attached to being included in the district. Council Member Lee indicated that based on the mailing, the entire downtown is opposed to becoming part of the historic district and part of the reason is because it would affect their businesses because improving CSAH 14 would improve business for them. The historic district has the potential to affect what the County can do and that could harm their businesses. Mayor Sweeney added that the project is federally funded. Ms. McDonald commented that it could be looked at both ways, but said she has information to indicate that a national historic designation improves tourism and increases business. Mayor Sweeney commented that based on how close together the buildings are in the area, any expansion of CSAH 14 would require the removal of some of the existing buildings. He then said that the business owners are concerned that the historic designation will affect what is done to CSAH 14 and be a negative impact on their businesses because they feel the expansion of CSAH 14 will bring more traffic to downtown and provide more business for them. Council Member Broussard Vickers indicated she was not ready to decide as a Council whether to do this and would like it placed on an agenda for another meeting. Ms. McDonald indicated she is available to educate, give guidance and is not here to advocate for or against the historic district. She then said it does improve tourism, property values and then welcomed any calls with questions. Page 4 of1? 2. Mr. Tom Wilharber. Centerville Lions Mr. Tom Wilharber, 6849 Centerville Road, addressed Council and thanked Council for allowing the Lions to distribute the recycling carts. He then provided statistical information as to how many carts were handed out and noted that residents can either keep the old carts for storage, throw them away or bring them to City Hall where they will be made available to any resident who would like them. Mr. Wilharber informed Council that Mr. Robert LaMotte passed away on Monday evening and told Council it was an honor for Mr. LaMotte and his family to receive the Lifetime Achievement Award prior to his death. VI. PUBLIC HEARING(S) 1. Peltier Preserve Subdivision and Benefiting Properties (Municipal Services) Mayor Sweeney opened the public hearing at 7:05 p.m. Mr. Schluender indicated that he was informed that Mr. Peterson had rescheduled this hearing to March 26, 2003. Mayor Sweeney indicated he was not sure if Mill Road and Clear Water Drive were in such disrepair as to require reconstruction at this time. Mr. Schluender indicated that Mill Road is in fairly good shape right now and indicated that several options were included to determine what the assessment would look like. Council Member Capra indicated there was money set aside from Lakeland Circle for water looping and asked if it was used for The Shores or if it was available. She then said she would like to know how much money is left from Lakeland Circle. Ms. Moore-Sykes indicated the money was put into the water fund and as projects have come up, the aggregate amount has been used so she is unsure what is remaining but there are no dollars earmarked for Lakeland Circle. Council Member Capra indicated she felt it was necessary to determine what was set aside for Lakeland Circle to be used to offset these assessments. Mr. Michael Scheller, 7267 Mill Road, asked how the water would get through where the creek is. Mr. Schluender indicated that they would use directional drilling and pull a pipe under the creek. He then said there is already an existing casing there. Mr. Scheller asked if this would affect the bridge that was just constructed and what the support level for this looping is. Mayor Sweeney explained that the main reason to loop the system is for safety reasons for fire fighting. He then said that the Fire Department is Page 5 of17 set up to haul water but a tanker truck carrying 1,800 gallons of water is hard on the streets. The looping should also assist with water pressure throughout the system. Mr. Scheller indicated he is opposed to the water because he has a well and does not want to pay for something he is not going to use. Mayor Sweeney indicated it would cost more to have a new well drilled than it would for the assessment for City water. Ms. Moore-Sykes indicated that the amount could be added to taxes and paid over a 10 year period at an interest rate of 8% or residents could obtain a private loan with a much lower interest rate. Council Member Capra said she has concerns about bonding for these projects because some of the bonds get paid off early and the City is left having amounts to make up. Mr. Scheller indicated he is opposed to something that he will not use, has to pay for and wonders if everyone with a well feels the same way. He then asked for a show of hands of those that do not desire City water and all in attendance for the hearing raised their hands. Mr. Don Simonson, 7263 Centerville Road, asked who made the determination that Centerville Road is in disrepair and said it has cement curbs and has not been overlaid. He then said that the culvert may need repair but, the road is in better shape than Mill Road. Mayor Sweeney indicated the City is looking into whether it would be more cost effective to reconstruct it now rather than to just install water and in two or three years, tear up the street and reconstruct it at a larger cost to the City and residents. Mr. Simonson read the Ordinance indicating that residents have to connect by a time determined by Council and asked what that time frame would be. Mayor Sweeney indicated that the practice of the City has been to require connection when a well fails. Council Member Broussard Vickers indicated the sitting Council at the time of the development would make the determination. She then said that it has been the practice to require hook up when a well goes bad. Mr. Simonson indicated that any improvement to the loop can be assessed to all that benefit. City Attorney Hoeft indicated the City has to be able to establish that there is a benefit to the properties that are being assessed in an amount equal to or greater than the amount of the assessment. He then said that municipalities have been successful in assessing for installing water, but not for looping because the benefit is difficult to establish. Ms. Suzanne Seeley, 1784 Peltier Lake Drive, indicated that it was mentioned at the informational meeting that directional drilling was the more expensive of the options and asked for costs for the open cutting. Mayor Sweeney explained that it is more expensive Page 6 ofl7 to directionally drill the water if the street is not being constructed but it is less expensive than the assessment would be for the entire project, water and street, by open cutting. He then said that the City is looking into whether it is more cost effective to reconstruct the street at this time even though the assessment would be higher now; it may make sense if the overall assessment for water at this time and street in a few years would be higher. Ms. Seeley indicated she is not opposed to one or the other, but had only heard the figures for directional drilling and she would be interested in the figures for open cutting. She then said she would not like to have the roads tom up for a long period of time and would prefer to keep the assessment as low as possible. Council Member Broussard Vickers indicated that Council needed better and more information on the open cutting option for street reconstruction prior to making a determination. Ms. Seeley indicated that every time she hears the figures, they are increasing and it makes her nervous because at the informational meeting, it was $5,100 and now it is proposed for $12,000 for streets and water. Mayor Sweeney indicated the $5,100 for water is still the number one option; however, the City asked for more information including the street reconstruction. Ms. Seeley indicated the need for road repair would be caused by the development as the roads currently do not need repair. She then said that she feels the developer should bear the cost of the road reconstruction and not the residents. She further commented that most residents have wells and do not need the improvements, but the developer does to make his money from the development. Mr. Schluender indicated the developer will be required to escrow monies for Mill Road and Peltier Lake Road and those monies will be held for an overlay for any damage caused by the construction traffic. Ms. Seeley indicated that Mill Road is starting to degrade and putting this kind of traffic on it will degrade it even faster. Ms. Seeley said she would appreciate spreading the cost of the road repair to the developer as he stands to make a lot of money. She then asked if it would be possible to include the 13 households that were not included in the assessments to lower the assessment overall for the other residents. She further commented that the last assessment for water was $4,330 and theirs is $5,100. Ms. Moore-Sykes explained that the assessment for the 13 homes that were not previously assessed would be very close to that of the other residents for this project after inflation and said that it is not possible to include those 13 residents to lower the assessment for the other 45. Ms. Renee Lee, 7268 Clearwater Drive, asked why she had never seen anything about advertisements for bids on the project and asked where the numbers for the assessments came from. Mayor Sweeney explained the figures are the Engineer's estimate. Page 7 of17 Ms. Lee asked if residents could be assured that everything will be done to take the lowest bid. Mayor Sweeney explained that the City is required to take the lowest responsible bid. Mr. Tim Schweppe, 7249 Centerville Road, asked Council to consider a complete reconstruction of Peltier Lake Road all the way to CSAH 14 and do the project as an open cut if it would be less costly over all. Ms. Mary Moran, 1743 Peltier Lake Drive, indicated she is concerned with reconstructing the road as the previous two reconstructions did not work. She then said she has lived there for 22 years and does not think any road, no matter how it is built, will hold on that type of soil. She further commented that the last time the road was reconstructed, it began to degrade within the first year or two and she does not feel it is fair to ask residents to pay for a third road. Council Member Lee asked if residents preferred to have the road patched seasonally. Ms. Moran said that residents would prefer the seasonal patching, as well as, seasonal seal-coating. Council Member Lee indicated there has been a problem with funding those types of maintenance issues. He then said that Council has been discussing a better schedule for repairing roads, proactively, rather than reactively. Ms. Moran said she was very opposed to redoing the roads. She then said that residents were told that there was $50,000 available to offset the costs of looping the water and they would like that amount used to lower their assessments. Mayor Sweeney asked where residents received that information. Ms. Moran indicated that previous Council had told them that. Council Member Capra indicated the City would look into that matter. Mr. Roger Shimon, 1751 Peltier Lake Drive, indicated the $50,000 if it was earmarked for looping would be contained in the minutes and requested that the City research the item. He then said that the residents should be entitled to that amount plus the 5 or 6 years of interest on the amount. Mr. Shimon asked whether the City considered open cutting in the boulevard and directionally drilling under driveways. Mayor Sweeney indicated the City could ask for a price for that type of installation to determine what would be more cost effective. Mr. Shimon indicated that everyone has said there is plenty of water, but there are watering bans every year because there is not enough water. Mayor Sweeney indicated the City is looking at a new water tower and has the funds to construct it once a location is determined. He then said that the interconnect with Lino Lakes is to open up and give Page 8 of17 the City water from Lino Lakes if needed, but it has worked in the other direction with Lino Lakes using water from Centerville. He further commented that this Council is working pro actively on improving streets, drainage, and water and has asked the City Engineer to do a report on water including the water tower construction. Mr. Shimon asked whether Council would still move forward if everyone on Peltier Lake Drive did not desire water. Council Member Broussard Vickers indicated that Council will listen to residents and work with them to ensure the most cost effective way of bringing City water to them but is charged with doing the best job they can for the entire City and bringing water to this area and looping the system will benefit the entire City. She further clarified that this is not a popular vote and is not something residents by majority can say no to. Council Member Lee said he understood the comments of residents, but improving the City's water system is a benefit to the entire community and in the best interest of the City. Mr. Tim Larson, 1775 Peltier Lake Drive, indicated it would be necessary to drill two holes in each yard so that the open cutting would be cheaper. Council Member Broussard Vickers indicated the City would take the cheapest method possible based on the recommendation of the City Engineer. Mr. Larson suggested looping from the outlet of the new development down Peltier Lake Drive to Centerville Road and that would cost $80,000 and using the $50,000 from Lakeland Circle that would leave $30,000 for the developer to pay and the City would have its loop. Mayor Sweeney explained that the City needed to connect Peltier Lake Drive at Mill Road to have a true loop. Council Member Capra clarified that the water restrictions are a measure to conserve water, not because there is not water available. Mayor Sweeney commented that at peak usage, the City's water tower is emptied 10 times per day. Mr. Bob Hoye, 7288 Mill Road, asked when this project would be completed. He then asked if there would be a breakdown of costs available for residents to comment on. He further said that he would be interested in paying more now for both the water and the road reconstruction if it would cost him less in the long run. Council Member Broussard Vickers indicated that Council will ask for more information and make a determination as to whether it is most feasible to reconstruct now or at a later date. Mr. Schluender indicated that the project is set for this summer, with an anticipated completion date of October. Council Member Broussard Vickers asked what would happen if residents were somehow bypassed and their wells failed. City Attorney Hoeft indicated he could not Page 9 of17 envlSlon a situation where residents would be bypassed. He then said that, if that happened, the resident would be responsible for all of the costs to bring City water to their property at the time of the well failure. Ms. Kim Horsnell, 1783 Peltier Lake Drive, indicated that the figure for the assessment is $5,100 but there is also the $5,000 to connect to the house. She then said that the figure for the water and road reconstruction is $12,000 plus the $5,000 to connect to the house. Ms. Horsnell indicated she had been told that the cost would be $120 per running foot for the road and the reason she is asking is because her property is 300 x 100'. Mr. Schluender indicated that the typical formula is $120 per running foot on the short side and $120 per halfthe running foot of the long side of a comer lot. Ms. Horsnell indicated they also have a City pump on their property and the bridge for the creek. Mr. Larson indicated he had heard that the City never charged for a comer lot. Ms. Moore-Sykes indicated the City has always charged for a comer lot. Council Member Capra said she thought the City only charged for one side. City Attorney Hoeft clarified that this project is in the very early stages and any figures are rough engineering figures. He further commented that this matter has to be reviewed and approved by 4/5th vote of the Council to proceed. He then indicated that better figures would not be available until the assessment hearings and cautioned residents against locking into a dollar amount so early in the process as there are a lot of variables that go into the costs for the project and those costs will not be known for several months. Ms. Horsnell commented that the property owner is supposed to get the money for the assessments back out of the house by improved and increased value at the time it is sold, but in her case, she is looking at an assessment of $40,000 for the road and $10,000 for water and it is not possible to recover that amount out of the house when it is sold. City Attorney Hoeft indicated the property owner has the right to challenge the assessment if they feel that benefit cannot be shown in that amount. He then said that the courts have upheld amounts between $8,000 and $10,000 for City water. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to continue the Peltier Preserve public hearinl! to March 26. 2003. All in favor. Motion carried unanimously. City Attorney Hoeft indicated that the City is not required to renotice for the hearing on March 26, 2003 because it is a continuation of this hearing. Ms. Moore-Sykes indicated that Staff had agreed to renotice residents. Ms. Moran asked if the options could be included in the notice. Ms. Moore-Sykes indicated Staff would have the information available at the meeting but would only send out notices to residents. Page 10 of 17 Council recessed at 8:04 p.m. and reconvened at 8: 10 p.m. VII. COUNCIL BUSINESS 1. Pheasant Marsh Phase II Developer's Agreement City Attorney Hoeft reviewed the Developer's Agreement with Council. Mayor Sweeney indicated he was concerned with the last paragraph of the Ground Development attorney's letter. City Attorney Hoeft indicated it concerned him too and he would discuss it with the other attorney, but clarified that the City has every right to request higher park dedication fees if asked to bring property into MUSA ahead of when it would have come in because common sense would indicate that the fees would be higher five years later. Mayor Sweeney indicated he would like Ground Development to understand the rationale behind the higher park dedication fees. City Attorney Hoeft indicated that he would communicate to Ground Development that all costs associated with advancing MUSA for the property would be born by Ground Development and would not involve the City. 2. NPDES Phase II MS4 Permit Ms. Moore-Sykes indicated that Staff continues to work on the NPDES Phase II MS4 permit. Mayor Sweeney indicated that the draft provided, listed the storm water fee incorrectly and asked that Staff go through the document and provide updated fee information. Council Member Capra asked that Staff verify the water quality designation for Centerville Lake. 3. Resolution #03-015 - Fee Schedule (Amending Resolution #03-002) Ms. Moore-Sykes indicated that Staff determined that the City's Fee Schedule did not include a license fee for an adult establishment and this Resolution would amend the Fee Schedule to include that. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to approve Resolution #03-015. a Resolution amendinl! the Fee Schedule. All in favor. Motion carried unanimously. 4. Parks & Recreation Committee Recommendations Council Member Lee indicated there is a motion that is missing from the agenda and it was in regard to a Parks and Recreation recommendation concerning Hunter's Crossing. Page 11 of17 Ms. Moore-Sykes explained that it was pulled from the agenda because the wording of the motion was confusing and sent back to the Parks and Recreation Committee for clarification. Mayor Sweeney indicated that the only way the City could invest money for a Parks and Recreation Coordinator, even part-time, would be to attempt to find the funds for it in next year's budget. He then said he would like to look at working with Lino Lakes to utilize their Parks Department as ajoint powers arrangement. Council Member Capra indicated she had called all of the Parks and Recreation Committee members except for Ms. DeVine because she did not have the right telephone number for her to ask what they desired. She then said she does not think it is the time to hire another employee and would like to see if there is someone who would want to work as a paid volunteer for a stipend to coordinate recreation for the City. Mayor Sweeney indicated the City has a good little league and soccer program and he does not want to reinvent the programs that are already working, but would like to see a. pony league football program. Ms. DeVine asked who would be coordinating that. Council Member Broussard Vickers indicated the City does not have money in the budget and said if the money was there, she would have approved it two years ago. She then said she would like to contact Lino Lakes and ask them for a proposal for providing contract services to the City. Council Member Lee indicated that he has a good relationship with Barry from Lino Lakes and offered to contact him concerning this matter. He then said that Parks and Recreation does not desire to recreate or replace what is existing but wants to enhance what is already available. Council Member Lee commented that he could have saved all the Parks and Recreation Committee Members and Council Member Capra time if she had contacted him concerning the wishes of the Committee as he is the liaison. A resident in attendance asked whether the City does anything with Anoka County in the County Park. Mayor Sweeney indicated lifeguards are offered at the beach, but the park is not finished, this is only the first phase. Council Member Capra indicated there was kayaking, canoeing and once a month during the "Tuesday in the Park" Wargo Nature Center programs. Ms. DeVine asked for clarification on procedures and protocol because she does not understand why when the Committee makes a recommendation it is removed from the agenda by Staff. She then suggested that Staff could review the tape from the meeting if there was confusion about the motion. Page 12 of17 Ms. Moore-Sykes indicated the motion did not reflect the discussion and she was not sure what the request was so she removed it from the agenda as she did not feel she could adequately explain it to Council. She further indicated she had sent it back to the Committee for verification as she did not know that Ms. DeVine would be at the Council meeting to interpret the motion. Ms. Moore-Sykes indicated Staff could not understand if it was money or land. Ms. DeVine indicated it was not the land or the sidewalks, it was the northwest stub for a trail, whether or not it was between Lot 1 and 2 or Lots 5 and 6 or at all. Council Member Broussard Vickers recommended having the motion read back for clarification ifthere is a long motion to avoid this type of issue in the future. Ms. Stephan indicated she listened to the tape and typed it verbatim but the Committee had a stub where it is not feasible to have a stub. There was confusion among three members DeVine said between Lots 2 and 3, Brian said between Lots 5 and 6 and that is swamp and Lots 2 and 3 is two lots away from the trail. Ms. Stephan indicated the motion did not explain any of the proposals that Mr. Carlson presented and, when Staff looked at the discussion, the motion did not make sense. Ms. Stephan indicated Ms. Moore-Sykes had asked whether the Committee wanted to take park dedication fees in lieu of land as that did not make sense when the Committee is accepting 4.5 acres of land. Staff brought up the sidewalk issue as the Committee made a motion to accept no sidewalks but that cannot be done because it is a collector street and collector streets must have sidewalks. Ms. Stephan indicated she had contacted Ms. DeVine to ask if the Committee wished to reconsider the motion and she said to put it through, so she asked Ms. Moore-Sykes who told her to send it back to the Committee for clarification and that is what she did since Ms. Moore-Sykes is her supervisor. 5. Proposed Police Consolidation Ms. Moore-Sykes reviewed her memo with Council on questions raised after the informational meeting. Council Member Capra commented that she now understands the comments of Mr. Wilharber concerning miles patrolled. Ms. Moore-Sykes indicated that grids would be established and officers assigned to those grids and those decisions would be made by the governing body. Council Member Broussard Vickers indicated her biggest concern is the discussion about reopening hiring for all of the staff and she would prefer to move all staff to the new department and let the natural process of attrition bring them to the numbers they want as Page 13 ofl7 that would go a long way toward making employees feel safe in their positions. She then commented that she realizes that the City would not see the large savings the first year but, she feels strongly that all current staff should retain their jobs. Ms. Moore-Sykes indicated the governing body could consider putting the officers on probation for a one-year period to see how it works out. Mayor Sweeney indicated the City needs to make sure that Centerville's representative to the governing body attends the meetings as decisions will be made regardless of whether Centerville is represented. 6. Publishing Costs Mayor Sweeney indicated that it costs the City $10,000 per year to publish the Week in Review and he feels that is a waste of taxpayer money when the Week in Review is available at City Hall, bye-mail and on the website. Council Member Capra indicated the Ad Hoc Communications Committee had recommended the Week in Review be published twice per month on the week following the Council meetings so the cost would be half She then said that at the time, it was decided to publish the Week in Review, the City had budgeted $43,000 per year for the newsletter and Council did not wish to continue that. Mayor Sweeney clarified that the $43,000 included an employee. Council Member Capra indicated she felt it was important to publish the Week in Review and would like to do so twice per month, as well as, look into a quarterly newsletter and a folding machine. Council directed Staffto purchase a folding machine not to exceed $500. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to direct Staff to publish one more Week in Review and list all the places that it will be available as it will no lonl!er be published. Council Member Capra indicated that people do read the Quad and some do not have any other access to the Week in Review. Council Member Paar indicated the Week in Review is on the web site and could be mailed to anyone with no computer access. Council Member Lee indicated he would like to investigate a quarterly newsletter to inform residents of what is going on. Page 14 of 17 Council Member Paar asked that the last published issue of Week in Review indicated that residents can call City Hall to be placed on the direct e-mail list for the Week in Review. VOTE: Aves - 4. Navs -l(CaDra). Motion carried. 7. BYOB Ordinance Council Member Lee indicated it was brought to his attention that it may be legally possible for a business to open without a liquor license by having patrons bring their own bottles and providing setups. City Attorney Hoeft indicated that is not legal anymore. VIII. ANNOUNCEMENTS/uPDATES 1. Emplovee Appreciation Dinner Mayor Sweeney indicated that this is the last time the employee appreciation dinner will be on the agenda. He then said he had received telephone calls and e-mails regarding the matter and there was a statement in one of the papers that said that Council could donate their checks for this meal as it would look like they were giving checks to the employees. He then said that City employees do not realize any of the perks that employees in the private sector do such as bonuses, Christmas parties, profit sharing or trips from vendors. City Attorney Hoeft indicated that Council Members could refuse to accept their checks and they would go into the general fund and the employee appreciation dinner is paid for out of the general fund. Mayor Sweeney indicated there was something in the local paper that said a municipality used to take their checks and use them to purchase meals or a party for Staff. City Attorney Hoeft indicated that anyone could donate a check to the City and the money would be placed in the general fund. He then said that a person can specify how they want the funds used but the City is not obligated to do so but may want to ifthe City wishes to continue receiving donations. He further said that the Council Members cannot designate that the donation be used for the party but the money is put into the general fund and the general fund pays for the employee appreciation dinner. Mayor Sweeney indicated this is the last time he will comment on this. He then said the information printed in the two local papers has been so skewed and so inaccurate it reads more like something out of a tabloid. He further indicated he would not be making any further comments and would be writing no more letters. Page 15 of 17 Council Member Lee told residents not to believe everything read in the newspaper and invited them to watch on television or come to the Council meetings to see what actually happens. Council Member Paar encouraged residents to contact him directly any time they have questions and encouraged residents to watch the meetings. He then said he realized there would be some of this when he was elected, but did not realize that the newspapers would actually be printing complete lies and inaccuracies and he has no patience for this type of thing. 2. Personnel Policy - Short/Long Term Disabilitv Insurance Council discussed the short and long-term disability insurance options and decided to wait until the union contract is negotiated to make a determination on how to proceed. 3. Legislative Update Ms. Moore-Sykes indicated that the chances are good that there will be levy limits at the 2003 level and wage freezes for public employees. Council discussed the potential impact to moral should the wage freeze take effect before all employees received their full increase and asked whether Council could approve the increase now and have it effective on the anniversary date. City Attorney Hoeft indicated that Council could not skirt around the wage freeze in that manner and recommended waiting to see what happens as nothing has been decided at this point. 4. Capital Proiects City Attorney Hoeft indicated he is working with Staff and the developers to reach settlements and will bring those to Council for consideration. 5. Pending Issues Ms. Moore-Sykes overviewed the required report from the state for building fees indicating that the numbers prove that the claim that the City is making money on fees is inaccurate. Ms. Moore-Sykes indicated that the City Clerk is working on the Ordinance codification. Ms. Moore-Sykes indicated that she had provided an invitation to attend the open house and public hearing for CSAH 14 on the Hugo side of the project. Council Member Lee asked Staff to look into whether the developer on the Buckbee property paid the $250 fee per lot as required. Page 16 of 17 Council Member Paar provided an EDC update and indicated that there was some concern that businesses outside of Centerville were allowed to advertise in the directory. He then indicated that the Business Appreciation Dinner is scheduled for Tuesday, May 13,2003 at 5:30 p.m. and said that the EDC would like Council to attend. Council Member Paar indicated that Mr. Tim Rehbine has concerns with County Road 14 as he feels it is affecting property for sale. He had also asked that the Engineers figure in streetscapes when the assessments are determined. Council Member Paar asked that Staff look into the shoveling of sidewalks on 73rd between Brian Drive and Old Mill Road. Council Member Broussard Vickers indicated that Mr. Noo Vang appeared before the Planning Commission to discuss his potential nightclub/community center/pool hall. She then said that it would fit the zoning but the building is nonconforming and will require substantial upgrades to bring it into compliance. IX. ADJOURNMENT Motion bv Council Broussard Vickers. seconded bv Council Member Capra to adiourn the March 12. 2003 City Council meeting: at 9:53 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 17 of 17 CITY OF CENTERVILLE CITY COUNCIL MEETING MARCH 26, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on March 26,2003, at City Hall, 1880 Main Street. STAFF: Mayor Terry Sweeney @ Council Member Paar ~@ 0 Council Member Lee @ (:) Council Member Capra 0 Cmmal Momb" Bro..''''' v;~ rQ) rQ) [f None. ff0Lr Lr City Administrator, Ms. Moore-Sykes City Attorney, Mr. Jim Hoeft City Engineer, Mr. Tom Peterson PRESENT: ABSENT: I. CALL TO ORDER Mayor Sweeney called the March 26, 2003, City Council meeting to order at 6:30 p.m ll. SET AGENDA Mayor Sweeney indicated the public hearings would take place first starting with the police consolidation hearing. Council Member Capra requested that the Historical District Update be removed from the agenda and added to the next agenda. Motion bv Council Member Broussard Vickers seconded bv Council Member Lee to aDDrove the al!enda as amended. All in favor. Motion carried unanimouslv. III. APPROVAL OF COUNCIL MINUTES 1. March 26 2003 Council Worksession Meeting Minutes Mayor Sweeney requested the following changes: On Page 8, fifth paragraph, last sentence remove "seasonally." On Page 10, third paragraph note the lot is a corner lot. On Page 15, under employee appreciation dinner indicate that another local council donated in the past and then he asked if it were legal that Council could donate their checks for this meal. Centerville City Council Meeting Minutes March 26, 2003 Cmmcil Member Capra requested the following changes: On Page 3, first paragraph remove "ad hoc committee" and add "design team" Ninth paragraph down, first sentence remove words "the committee" replace it with "she". Second sentence remove word "force" and use "require" following original area add the word "survey" then remove the word down. Replace last paragraph with "McDonald indicated neither the City, nor the person who wrote the designation, has control over whether the nomination is accepted by the National Park Service." On Page 12, change day in the park to "Tuesday in the Park". Council Member Capra said she felt it was the Mayor and not Council who discussed pay raises for employees prior to the wage freeze. Mayor Sweeney indicated he brought it up but it was full Council that discussed the matter. The rest of the Council Members agreed that all Council discussed wages and felt there was no need to change the minutes. Motion by Council Member Broussard Vickers. seconded bv Council Member Lee to approve the Council Meetinl! Minutes of March 12. 2003 as amended. AIl in favor. Motion carried unanimouslv. IV. CONSENT AGENDA 1. The City of Centerville March 13, 2003 through March 26, 2003 Claims for Approval 2. Centennial Fire District Claims 3. Pay Estimate #4 (Amt Construction Co.) - Pheasant Marsh Phase II 4. Anoka County Assessment Contract 2003 Council Member Capra requested that the check to DeCoys be removed for discussion. Motion was made bv Council Member Broussard Vickers and seconded bv Council Member Capra to approve Consent Al!enda Items I. 2. 3. and 4 without the check to DeCovs as presented. AU in favor. Motion carried unanimouslv. Council Member Capra indicated she had pulled the DeCoy's check as she intends to vote against approval of it. Motion was made bv Council Member Broussard Vickers and seconded bv Council Member Lee to approve the check to DeCovs. Aves - 4. Navs - HCapra). Motion carried. Page 2 of19 Centerville City Council Meeting Minutes March 26, 2003 V. A WARDSIPRESENTATIONS/APPEARANCES 1. Noble Welding - 21"1 Avenue Update Mayor Sweeney indicated that County Road 14 is scheduled for reconstruction sometime before 2005 and will affect what the City does with 2181 Avenue. Council Member Capra indicated she had attended the County meeting for the east side and there is talk of not having an entrance off of 21"1 Avenue. Council Member Broussard Vickers indicated that the project would not be moving forward from this City's perspective until numbers are known and discussed with property owners. Council Member Capra asked City Engineer Peterson to contact the engineer from Lino Lakes concerning the project. Mr. Sorgg from Noble Welding thanked Council for its consideration and asked that they continue to keep him informed. VI. PUBLIC HEARING(S) 1. Police Consolidation Mayor Sweeney opened the public hearing at 6:33 p.m Ms. Moore-Sykes provided a brief overview of the presentation indicating that each of the administrators present would be providing specific information. She then introduced the City Administrators from Lexington, Lino Lakes and Circle Pines. Mr. Delmont indicated that the Administrators had been meeting for almost two years discussing ordinances and ways of sharing tasks to save taxpayer dollars. He then clarified that the Administrators are not promoting this consolidation as has been reported but bringing it forward to the four Councils for consideration as a way of saving the taxpayers money. Mr. Delmont corrected erroneous information by clarifying that there are no tentative agreements for the merger and there would not be a savings of $500,OOQ to each city as the savings would be spread over the four cities. He then cautioned that the figure could and probably would change with any reconfiguration of the funding formula He also clarified that the staffing would be directly related to how much money the cities agree to spend on the police department budget. Mr. Keinath discussed the financing of the department and provided information on the proposed funding. He then explained how the Administrators arrived at the yearly payment information. Page 3 of 19 CenterviUe City Council Meeting Minutes March 26, 2003 Mr. Keinath reviewed what the Administrators had determined would be the expenses involved. He then noted that the Centennial Lakes Police Department would be looking at expanding the facility if this merger does not move forward. COlUlcil Mernber Broussard Vickers commented that originally the current year payment for Lino Lakes was $2.5 million and now is down to $2.4 million. Mr. Keinath indicated that updated information was received and that is why the amounts are different. Council Member Paar commented that this could end up costing more than proposed so the savings of $429,000 may not actually be that high. He then said that he is concemed with ensuring that Centerville's coverage remains the same or better than it is now. Mr. Keinath indicated the ultimate cost will be decided by the four cities to the extent the cities are willing to spend more than the proposal costs could go up. Council Member Paar asked if part one and two crimes was an accurate way of determining coverage. Mr. Keinath explained that the existing agreement works on total calls and there was an interest in finding an alternative. Council Member Lee asked when the new numbers would be reworked and new formulation options considered. Mr. Keinath indicated that if the four cities decide to proceed then there would be many different runs and different examples. Ms. Waite Smith provided an overview of the facilities in Lino lakes explaining the types of options available in the police department section of City Hall. Ms. Waite Smith indicated it would not be necessary to remodel in the event the space is filled because there is expansion space within the existing structure. Council Member Broussard Vickers asked what the estimated timefrarne for outgrowing the space with a consolidated force would be. Ms. Waite Smith indicated that two important factors would affect the growth of the department the first is that Lino Lakes adopted a comprehensive plan slowing growth to 147 homes per year and the second is that the City has not been adding Staff according to its five year plan due to budget constraints. Page 4 of19 Centerville city Council Meeting Minutes Match 26, 2003 COlUlcil Member Capra indicated she was less concerned with the cost savings and more concerned with the number of patrolling officers on the street and would like to keep that number as high as possible. Ms. Waite Smith indicated there was a mislUlderstanding in the paper as she was interviewed for the Ouad Press and said there is enough money in the budget for 30 officers and that was interpreted incorrectly to be 30 employees. She further clarified that there is money in the budget for 30 officers and that does not include the supervisory and clerical staff. Ms. Moore-Sykes described the administrative elements and how the consolidation will take place. She then indicated the Administrators had contacted the League of Minnesota Cites for assistance with the administrative planning and all issues raised by the League have been addressed in the proposal. COlUlcil Member Paar asked whether the other cities would have to pay for anyone City that wants out and cannot pay for coverage. Does the City then have to pay and provide police coverage? Ms. Moore-Sykes indicated the four City COlUlcils would need to deal with that as well as legal colUlseI. City Attorney Hoeft indicated it would be premature to discuss that aspect at this time but noted the same discussion occurred when the Centennial Lakes Department was created. He then said that some type of arrangement would be created whereby the other cities fimd the coverage and a debt is created for the other city. John Grahek from the Centennial Lakes Police Commission asked if the four administrators had looked at the costs involved with shutting down two departments and starting up a new one. Mr. Keinath indicated that both departments would have some accrued vacation and sick leave to be paid out approximately $159,000 for Centennial Lakes and approximately $152,000 for Lino Lakes and those figures assume that existing officers do not carry benefits when they move over. He then said that Centennial Lakes has enough money in its fimd balance to cover that amolUlt. Ms. Moore-Sykes indicated a labor law attorney would be needed and money was budgeted for those costs. Mr. Jon Grahek asked for clarification as to whether Centennial Lakes would be paying out at 50% or 100% because the separation is by the City not by the employee. Mr. Keinath indicated that the severance was based on the 50% number and that is what is in the contract. Mr. Keinath indicated Staff would review that matter for clarification. Page 5 of19 Centerville City Council Meeting Minutes March 26, 2003 Mr. Grahek indicated he has been a police officer for 14 years and a Centerville resident for three years and is in support of moving forward with this but would like to look at it very closely. He then said that saving money is good provided that there is no sacrifice in police protection on the streets. Mr. Grahek indicated that one of his concerns is that now the Centerville police can pull from Lino Lakes for support if there are instances where there is a need and, if the police forces were combined, that option would not be available. Mr. Grahek indicated he would like to see the breakdown of the number of sergeants, whether there would be an assistant chief, how many, if any lieutenants and how many officers would be on the street answering calls. He then said that officers on the street not only answer calls for service but respond to medicals. Mr. Grahek indicated he is concerned with getting rid of both departments and starting from scratch with retesting and rehiring. He then said he would like to see at least a preference for hiring existing officers. Mr. Grahek indicated that he would like the governing board to consist of civilian involvement as he feels it is vitally important. He then said he would like to keep 50% of the governing body civilian. Council Member Lee indicated that the proposal sounds good provided that coverage is not compromised. He then said that Council discussed and were in favor of giving preference to existing officers and expressed his support for citizen involvement. Council Member Broussard Vickers indicated the process could continue but it is not a done deal until the very end when all four cities sign off on it. She then said that Council discussed everything voiced by Mr. Grahek and has said they want to show preference to the current officers as well as carefully consider the formula and street coverage. She further commented that the timeline would be nice but she is not opposed to stretching the time requirements to make sure this is done properly. Tom Wilharber, 6849 Centerville Road, said he thinks it is a good idea and he agrees with the points made by Mr. Grahek. He then said he feels the timeframe is too short as it took two years to set up the tri-city department. Mr. Wilharber asked how the mold problem is being handled at Lino Lakes and who would be responsible for those costs. Ms. Waite Smith indicated the City of Lino Lakes has a mold attorney and is working to determine who is responsible for the mold so that the City can recover the money it has expended to clean up the mold problem. Mr. Wilharber asked how many miles of roads there are in Lino Lakes because that was part of the formula and Lino Lakes is much bigger than Centerville. He then said that he Page 6 of 19 Centerville City Council Meeting Minutes March 26, 2003 would like to make sure that the number of miles patrolled is factored in. He also said that the COP program is very important as it gets the officers out talking to kids and residents. Mr. Wilharber cautioned that it seems the proposal has heavy gains to Lino Lakes and he would like that researched and taken into consideration. He then concluded by saving that the timeframe is short and the lack of citizen review board concerns him. Mr. Wilharber asked for information on the buying in of the assets. Ms. Waite Smith indicated that evel)'one would contribute all that they have and there are no buy ins. Mr. Wilharber asked if funds were included for a separate audit as there was a zero in that area Ms. Waite Smith indicated that there was not a separate audit but there is another line item for professional services and that is where that cost was put. Ms. Waite Smith indicated that she and the finance director had worked hard to pullout all police department costs from the regular budget to make sure they were not understating Lino's costs. Council Member Broussard Vickers indicated she was not happy with the formulas but felt the City should move forward with the process. Council Member Capra agreed but said her major concern is with street coverage and making sure there is the same or better coverage. She also expressed concern with the fact there would not be other officers to pool from with the merger. Council Member Paar indicated he felt citizen involvement was vel)' important. He then said he wants to make sure this benefits Centerville and he is concerned with the potential growth to Lino Lakes. Council Member Capra indicated the funding would be discussed eveI)' two years. Council Member Lee indicated he was not comfortable with the timefrarne as he feels that it may become vel)' political and that would stall the process. Mayor Sweeney indicated he felt it was a good idea to move forward with the proposal. Motion was made bv Council Member Broussard Vickers and seconded by Council Member Caora to dose the public bearin2. AIl in favor. Motion carried unanimouslv. Mayor Sweeney closed the public hearing at 7:30 p.m Council consensus was to move forward. Page 7 of 19 Centerville City Council Meeting Minutes March 26, 2003 2. Peltier Preserve Subdivision and Benefiting Pronerties (Municioal Services) Mayor Sweeney continued the public hearing at 7:33 p.m. Mayor Sweeney asked residents in attendance to limit their comments to those things not previously mentioned at the last public hearing. He then explained that the assessment numbers provided were estimates and the actual numbers will not be known until the bids are obtained from the contractors. Mr. Peterson indicated there was an informational meeting a month ago on FebruaIy 27, 2003. He then provided a brief overview of the project and the different Scenarios. Mr. Peterson indicated it would be his recommendation, based on costs, would be to go with Scenario number three. Council Member Capra asked whether the prices for estimates take into account the $50,000. Council Member Broussard Vickers indicated that part of the money was used to connect to the Shores and she thinks there is approximately $25,000. Council Member Lee indicated he would like to see Scenario 2,4, or 5 with the use of the remaining funds for looping. Mayor Sweeney indicated that one of the culverts is at the intersection of the new road for the development and there is a frost heave there. Ms. Suzanne Seeley, 1784 Peltier Lake Drive, indicated that she recalls Mr. Gonyea stating that he would pay all the costs associated with getting water to his development so she does not understand why residents would be assessed $900 for Scenario # 1. Mr. Peterson explained that Mr. Gonyea pays for the water main but to stub the water main to the property line costs $900. Ms. Seeley indicated that in Scenario #1 the developer would bear the most costs and she feels that is fair since he is the one that stands to make the money from the development. She then said it is hard to accept having the road tom up again for water because it is convenient. Council Member Broussard Vickers clarified that all of the Scenarios are for directional drilling plans. Mayor Sweeney indicated Council had asked for alternates for costs associated with doing the roads at the same time to determine if it would be cheaper overall rather than doing the water now and the streets later for two separate assessments that were ultimately more expensive. Page 8 of 19 Centerville city Council Meeting Minutes March 26, 2003 Ms. Seeley indicated she would like to have the road redone after the construction. Council Member Broussard Vickers indicated she was not interested in the reconstruction of the streets as the City does not have the funds. Council Member Capra indicated she wants to loop the water and leave out the reconstruction of the roads. Mayor Sweeney indicated he wanted information on whether it would be cheaper to do the road reconstruction now rather than later factoring in the fact that it would also be cheaper to open cut rather than directionally drill the water. Council Member Broussard Vickers indicated the City could not assess $20,000 per lot for the total project and that means the City needs to contribute something and it does not have the funds. Mayor Sweeney indicated he would like to see a number for the costs and do it as an alternate and, if the amount is way out of line then Council does not have to accept that alternate. Ms. Mary Moran, 1743 Peltier Lake Drive, asked for clarification as to whether the comments on an assessment policy had anything to do with a pending assessment that has to be disclosed. Mayor Sweeney explained that the assessment is not placed on the property until the work is done and the assessment policy is something the City is working on as part of a regular street maintenance and improvement plan. Ms. Moran indicated that residents were surveyed in the past and indicated they wished the City to pick up part of the costs when the roads went through but residents were assessed for 100% of the roads anyway. Mr. Hatem Qamhieh, 7251 Clearwater Drive, asked if this is only area that does not have City water. He then said that he is a civil engineer and feels the City needs to look at the overall infrastructure needs of the city with regard to the water system rather than doing it one piece at a time. He further commented that the road is a poorly designed road and he does not feel the residents should have to pay to have it reconstructed and pay for a poor engineering job. He also asked why the road design did not carry some kind of warranty. Council Member Broussard Vickers indicated it would be difficult to raise the road high enough at this point to solve the water table issues with the road without creating worse water issues for other people. She then said the primary issue is the water looping for the benefit of the entire water system and the road issue there is no answer for at this time. Mr. Leon Moran, 1743 Peltier Lake Drive, asked that the City collect enough escrow to repair the roads after the construction. Council Member Broussard Vickers indicated the City can control and limit construction traffic. Page 9 of 19 Centerville City Council Meeting Minutes March 26, 2003 Council Member Capra indicated Council realizes that it would be better to realize the larger scope of the water system but development provides the City with the opportunity to push the majority cost for water infrastructure onto the developer and that is why it is done this way. She then said she is opposed to the road reconstruction and her main goal is to loop the water. Mr. David Hanniford, 7235 Mill Road, asked if the City has a long-range plan for development. Mayor Sweeney said yes but noted there is not much developable land left. Mr. Hanniford suggested using the funds available for the water tower for looping. Mayor Sweeney explained that during the peak summer months the water tower empties 10 times a day and that puts a lot of stress on the pumps and water system and the City needs to add another water tower to ensure there is enough water for residents and fire fighting. Council Member Broussard Vickers indicated the reason that the money in the water tower fund does not pay for the water looping is because Mr. Hanniford's property has a direct benefit by receiving City water and that direct benefit can be assessed to the property owner. She then said that any resident that feels the benefit cannot be justified has the right to contest that but, when there is an opportunity to charge a developer the majority of the costs to extend the City's water system, the City does that and assesses those properties that benefit. Ms. Tina Scheller, 7267 Mill Road, indicated the City should not be proceeding with further development if the infrastructure is not set up to handle the increase. Mr. Bob Hoye, 7288 Mill Road, indicated that it has been stated that as the project size increases the costs go down but he does not see that. Council Member Broussard Vickers explained that part of the reason is the footage of each lot is different and these assessments are based per lot not on front footage so those with smaller frontage are assuming a portion of the costs for those with large front footage. Mr. Hoye indicated that going with Scenario #1 would mean he could tap into City water for $900 and he would like to do that. Mr. Roger Shimon, 1751 Peltier Lake Drive, asked for clarification as to what can be done for repairing and maintaining a well before a resident is required to hook up to water if it is available. He then asked if they were the only residents being asked to pay for an oversized main. Mr. Peterson indicated that Lakeland Hills paid for an 8 inch main. Council Member Broussard Vickers commented that there are some that have paid for a 12-inch main. Page 10 of19 Centerville City Council Meeting Minutes March 26, 2003 Mr. Ted Erkenbrack, 7377 Peltier Circle, provided a written statement to Council and then read portions of it. He then asked for a written response from Council in response to the questions raised. Mr. Erkenbrack asked what the developer would pay outside of the development to offset costs to residents. He then said he would like to have something in writing from Council in response to the questions in the citizen statement. Mayor Sweeney indicated the City always uses competitive bidding. Mr. Erkenbrack indicated that if the developer is drawing on the existing base of utilities then he should be required to pay for that and he is not. Mr. Qamhieh said that one overload truck is all it takes to destroy a road. Council Member Broussard Vickers indicated that anyone seeking an overweight permit must put up financial consideration. Mr. Erkenbrack commented that the financial consideration is usually returned to the developer before the City realizes that damage has been done to the road. City Attorney Hoeft indicated that the City Engineer would review the condition of the road prior to the construction and after the construction to evaluate the condition and determine whether the City needs to charge the developer. Council Member Capra indicated she had dropped off questions to Staff concerning the escrow for Rehbein and Staff is looked into the water interconnect with Lino Lakes. She is aware that the Lino Lakes draws from Centerville and Centerville has drawn from Lino Lakes with no fees charged either way. A comment was made that in Connecticut, the whole City bore the cost for improvements to the roads or water installation or repair. City Attorney Hoeft indicated that it is not possible to do things that way in Minnesota because the local improvements are based on the value of property so communities set the rate of tax that is paid to cover whatever the City feels it needs for street maintenance repair and water. He then said that Minnesota law prohibits the local municipality from creating a new tax only the legislature can do that. City Attorney Hoeft indicated that Centerville is a bedroom community with not much commercial tax base and homestead tax does not generate very much revenue. He then said that additional services cannot be funded by the City and the costs would need to be borne mostly by the homeowners. Mr. Erkenbrack asked if there are property taxes going against the City budget and there are line items for road and water maintenance and, if so, are they enough or do they need Pagellofl9 Centerville City Council Meeting Minutes March 26, 2003 to be increased. City Attorney Hoeft indicated the City would not be able to support street maintenance and water system with its current budget and is not allowed to raise taxes so the amooots would have to be assessed. Mr. Erkenbrack indicated that he feels that residents should pay the initial assessment to come past the house and the City should food maintenance and repairs. Cooocil Member Capm indicated that the City had an audit review and the funds are healthy for the water tower without going out to the taxpayers and so is the sewer fund but the City does not currently have a road fund and is working on that. City Attorney Hoeft commented there is not a community in existence that is able to maintain a road fund that, even after initial construction, would be able to keep all the roads maintained. He further commented that the City could never eliminate the need to assess property owners for the maintenance. Mr. Marc Brandenburg, 1740 Peltier Lake Drive, indicated he lives across from the new road and is concerned that construction traffic on that culvert would cause it to fail and prevent the much needed drainage and flood his home. Mr. Peterson explained that the plan is for all trucks to enter and exit to the east. City Attorney Hoeft indicated that any reports of construction traffic at the other end should be reported because the City can charge for that. Cooocil Member Broussard Vickers suggested residents get license plates and report the violators so that they can be properly charged. Mr. Scheller, 7267 Mill Road, asked whether all Council Members were in favor of looping the water. There was Cooocil consensus on looping the water. Mr. Scheller asked if there was a projected time when Council wanted the water looped. Council Member Broussard Vickers indicated that the system needed to be looped in all available locations. Council Member Lee commented that waiting for two years will only cost everyone more money. Mr. Scheller indicated he would like Scenario number one and said there are 20 houses that would not need to be assessed. He then said he would prefer to wait to loop the rest of the system until the roads need to be redone. Page 12 of19 Centerville City Council Meeting Minutes March 26, 2003 COImcil Member Broussard Vickers indicated that Scenario 2 is drawn to get Lakeland Hills looped and that would loop the biggest portion of the system. Ms. Chris Lofgren, 7256 Centerville Road, indicated she understood that there would be no directional drilling equipment on site for the new development area Mayor Sweeney indicated there would be directional drilling required to get the water to the development. Mr. Robert Goldsmith, 7294 Mill Road, asked if the assessments are assessed once or spread out over time. COlUlcil Member Broussard Vickers indicated that the amolUlts are assessed once but residents can opt for a payment plan over 10 years. COlUlcil Member Capra indicated the City would be looking at lowering the interest rate 8% interest. Mr. Scheller asked that those that do not need to be included for the City to achieve the goal of looping be left out of the Scenario and those in attendance agreed with him. COlUlcil Member Broussard Vickers confirmed that Scenario #2 was preferred. Mr. Scheller indicated Scenario #1 is the first choice and Scenario 2 if the City needs to loop. COlUlcil Member Broussard Vickers asked what would happen if someone in the middle that is not included suddenly needs City water. She then commented that those residents would bear the complete cost of TWIning water to their property. Mr. Shimon asked if there was a sleeve lUlder the creek and if the City could charge them to use it. Mr. Peterson indicated that they did not intend to use the sleeve as technology is better now and it is possible to dig lUlder the creek without disturbing it. Mr. Mark Labarre, 7261 Mill Road, mark indicated that Scenario #1 provides for the contractor paying $80,000 to run the water main. Council Member Capra indicated the amolUlt was $94,000. Mr. Labarre asked how much farther the $50,000 would get the City if added to the developer's portion. COlUlcil Member Broussard Vickers indicated that there is not $50,000 available. COlUlcil Member Broussard Vickers indicated that, if there is money left, she would want to use it for this project but it is not $50,000. Page 13 of 19 Centerville City Council Meeting Minutes March 26, 2003 Mr. Labarre indicated he is a pipe fitter and water can be supplied to every one of the lots by tying in at 73rd and the size of the main does not have to be increased to provide water to all the lots. He then said that the City should absorb the connection fees and that would be more cost savings for the homeowners. Council Member Broussard Vickers indicated that she would take the $25,000 and apply it for that if the City decided to break out those two pieces so it does the same thing as applying the whole sum to the project. Mr. Labarre indicated that water is right out his front door across the street and asked if he would be allowed to request City water and hook up for $900. He then said he was told at the time he purchased the house he could connect for $1,800. He further commented that the head of public works told him that he could get to the property line for $1,800. Mr. Labarre asked if he could call tomorrow and ask to hook up to water to avoid the assessment. Council indicated that matter would need to be researched. Council Member Capra indicated there were issues with what transpired with regard to the water down Mill Road and there is more investigation that needs to be done. Residents asked for the proposed starting date for the project. The City Engineer indicated the project is slated to begin and be completed this summer. Motion was made bv Council Member Broussard Vicken and seconded bv Council Member Lee to close the public beann!!. AU in favor. Motion carried unanimouslv. Mayor Sweeney closed the public hearing at 9:05 p.m A resident indicated that they were not notified of the meeting as was stated at the last meeting. Mayor Sweeney indicated that letters were forwarded to residents, Mill Road improvements were not included and apologized for any misunderstandings. Mr. Hoeft stated that the City fulfilled their legal requirements for notification. Council Member Broussard Vickers stated that residents have been mailed several notices, are aware of the meetings that have taken place, are present at this evenings meeting and Mill Road residents do not apply because the motion does not contain Mill Road. Council Member Paar indicated he would like clarification on the well as to when they can be repaired and when residents are required to hook up to City water. Page 14 of19 CentervilIe City Council Mee1ing Minutes March 26, 2003 COlHlcil Member Capra indicated that wells are addressed in Ordinance #45. A resident then read a portion of the Ordinance that states that no maintenance or repairs are allowed if City water is available. Council Member Paar indicated that he felt Scenario #2 would be the minimum he would support at this time. Council Member Lee indicated he would like to loop as much as possible to benefit the City's water system and is in favor of Scenario five. Mayor Sweeney indicated he was in favor of looping the system for water pressure purposes and, at a minimum, would like to see Scenario #2. Council Member Capra indicated she was in favor of looping and had stated at the neighborhood meeting that it was her intent to support looping of the water system She then said that she has concerns with Mill Road and does not want to include them at this time. She further commented that she would be in favor of Scenario #2 because it accomplishes the objective oflooping the water. Council Member Capra expressed concern with the residents on Clearwater Drive being bypassed for water and said that it would be more costly to have to bring them City water at a later time and that cost would be born solely by the residents. Council Member Broussard Vickers indicated she supports Scenario #2. City Attorney Hoeft indicated that approval requires a supermajority. Motion was made bv Council Member Broussard Vickers and seconded bv Council Member Caora to oreoare olans and soeciflcations for Scenario #1.. require the develooer to escrow funds to cover the olans and soeciflcations. and direct Staff to determine wbat funds are available from the Lakeland Hills oroiect to be aoolied before the fmal assessments are determined. Council Member Capra indicated she was concerned about payment ahead of time for plans and specifications when there is not a signed development agreement. City Attorney Hoeft indicated there was a small risk to the City that the development would not proceed, and the City would be left with a bill for plans and specifications for a project that does not proceed. However, this was very unlikely. Council Member Capra commented that there is information that Royal Oaks has money owing to the City for engineering fees and she would not want that remaining looping of water funds to be affected by the fees outstanding. Page 15 of19 Centerville City Council Meeting Minutes March 26, 2003 COlmcil Member Broussard Vickers amended her motion to request that the developer escrow fimds to cover the plans and specifications. COWlcil Member Capra accepted the amendment to the motion. COWlcil Member Lee indicated he would only feel comfortable with Scenario #2 provided that those residents that would be bypassed by the water are willing to take the risk that they may have to pay all the costs associated with obtaining water if their wells fail. Council Member Paar indicated that the record should note those that have said they are willing to accept the risk of not getting water at this time. VOTE: AU in favor. Motion carried unanimouslv. Council recessed at 9:20 p.m COWlcil reconvened at 9:30 p.m YD. COUNCIL BUSINESS 1. Velide Reolacement Program COWlcil Member Broussard Vickers asked for better information from Staff with dollar figures and how that relates to the budget. Motion was made bv Council Member Broussard Vicken. seconded bv Council Caora to table for further information from Staff. All in favor. Motion carried unanimouslv. 2. Tru-Green Chem Lawn Contract Ms. Moore-Sykes indicated the cost for the contract would be $4,832. COWlcil Member Lee said he has noticed a lot of weeds at the parks and he is concerned that the City is not getting the service it is paying for. Motion was made bv Council Member Broussard Vicken and seconded bv Council Member Caora to aoorove the Tm-Green Chem Lawn contract orovided Staff obtain two other comoetitive bids and the mice is comoarable. Council Member Paar indicated he was advised by his attorney to abstain from comment and voting on the matter because he has a pending lawsuit with Chem Lawn. VOTE: Aves - 4. Navs - o. Abstain - UPaar). Motion carried. 3. Municinal Construction & Develonment Fee Revenue & Expenses Annual Reoort Page 16 ofI9 Centerville City Council Meeting Minutes March 26, 2003 Motion by CouncD Member Broussard Vickers seconded bv Council Member Paar to accept the Municipal Construction & Development Fee Revenue & Expenses Annual Report. All in favor. Motion earned unanimouslY. 4. City Hall- Downtown Mayor Sweeney asked that this item be held over for discussion at another meeting. 5. Electronic Card Access Ms. Moore-Sykes indicated that Staff determined it would not be possible to obtain a folding machine for under $7,000. She then indicated that Staff is concerned with the security of City Hall with the keys as they can be easily copied before they are returned and is recommending an electronic card access for the front and back door. She further commented that the electronic access could be used for verifying payroll as well as making it easier to cancel an access card electronically if it is not returned or is lost. Council Member Capm indicated this was discussed when the City terminated an employee but the dollar amount was higher at that point. Ms. Moore-Sykes indicated that Mr. Palzer obtained a bid for the front and back door. Motion was made bv CouncU Member Broussard Vickers and seconded bv Council Member Capra to authorize Staff to bave the card system installed not to exceed $4.000 and to obtain several bids for comparison. Council Member Capm asked Staff to determine the differences in this system compared to the one a couple of years ago. Ms. Bender indicated that the price quote last time included a monitoring service. VOTE: All in favor. Motion earned unanimouslv. Council agreed to discuss the folding machine during budget discussions. 6. Resolution #03-016 Cable Commission Joint Powers Agreement Motion was made bv Council Member Broussard Vickers and seconded bv councD Member Capra to approve Resolution #03-016. a Resolution 8Dprovinl! the Cable Commission Joint Powers Al!reement. All in favor. Motion carried unanimouslv. 7. VolunteerRecognitionDav Council Member Capra asked for authorization to begin planning for the event. Page 17 of19 Centerville city Council Meeting Minutes March 26., 2003 COWlcil Member Broussard Vickers suggested asking for an RSVP in an attempt to assist with planning. COWlcil Member Capra indicated there were a lot of people that showed up that did not RSVP as the City had advertised the event in an effort to promote volWlteering. She then said she would add the RSVP and asked for approval to advertise in the Hugonian for $150 with a 40010 discount. Mayor Sweeney indicated there is a community calendar that would not cost anything and asked that the event be advertised on the community calendar. COWlcil Member Broussard Vickers suggested advertising the event on the City's signboard and at local businesses. COWlcil Member Capra indicated she had asked County Bank for balloons but they do not have any. She then asked for authorization to provide balloons for the kids. Motion bv Council Member Broussard Vickers seconded bv Council Member Paar to aoorove a bud2et not to exceed S5OO.00 for the National Volunteer Recomition Event. All in favor. Motion carried unanimouslv. City Attorney Hoeft indicated his firm would donate the cost of the hotdogs, buns and chips. COWlcil Member Capra asked that this event be placed on the agenda for the other committees for discussion. 8. CIGNA Behavioral EAP Privacy Addendum Motion was made bv Council Member Broussard Vickers and seconded bv Council Member Lee to authorize the Mavor to sim the CIGNA Behavioral EAP Privacy Addendum. All in favor. Motion carried unanimouslv. VIII. ANNOUNCEMENTSIUPDATES 1. Legislative Uodate Ms. Moore-Sykes invited COWlcil to attend the All City Day at the Capitol on April 9, 2003. 2. Capital Proiects Uodate City Attorney Hoeft indicated there was a meeting with the developer on Woods of Clearwater Creek and he was provided with some interesting and good information. He then said that he has received a proposal from the developer and that would be brought to COWlcil for consideration during closed session at the next meeting. Page 18 of 19 Centerville City Council Meeting Minules March 26, 2003 Council set an executive session for April 9, 2003 at 6:00 p.m. Mayor Sweeney indicated he would like further information on the funding formula for police calls because total calls for the last two months have been over 400. Council Member Broussard Vickers asked Staff to put the Peltier Heron Rookery on the agenda for late June. IX. ADJOURNMENT Motion bv Council Broussard Vickers. seeonded bv Council Member Paar to adioum die March 26. 2003 Citv Council Meetinl! at 10:20 Dm. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 19 of19 CITY OF CENTERVILLE CITY COUNCIL MEETING APRIL 9, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on April 9, 2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney @ Council Member Paar @ Council Member Lee @ (:) 0 Council Member Capra 0 ~ Council Memb..- B",ossanl fl\"'f6) rQ) [j None. V0Lr Lr ABSENT: STAFF: City Administrator, Ms. Moore-Sykes City Attorney, Mr. Jim Hoeft City Engineer, Mr. Tom Peterson L CALL TO ORDER Mayor Sweeney called the April 9, 2003, City Council meeting to order at 6:40 p.m. n. SET AGENDA Mayor Sweeney added Woods of Clearwater Creek settlement to the agenda and asked that Items 8, 9, and 10 from Council Business be moved to the Consent Agenda. Council Member Capra requested that the cemetery tree, street dance liquor license, and TIF Memo from Kennedy and Graven be added under Council Business. Council Member Paar requested that a discussion on the streets, a fIre hydrant leak, the budget for the EDC Appreciation Dinner, and Consideration of the Nominees for Citizen and Business of the Year be added under Council Business. Motion bv Counell Member Broussard Vicken seconded bv Councll Member Lee to aoorove the af!enda as amended. All in favor. Motion carried unanimouslv. m APPROVAL OF COUNCIL MINUTES 1. March 26. 2003 Council Meeting Minutes City of Centerville COImcil Meeting Minutes April 9, 2003 Council Member Lee requested the following changes: On Page 4, second paragraph change the 4 to "$". On Page 6 add "discussed and were in favor of giving preference to existing officers." On Page 7, fourth paragraph add "feels that it may become very political and that would stall the process." Mayor Sweeney requested the following changes: On Page 8, change open the public hearing to continued the public hearing. On Page 13, sixth paragraph indicate that the City is considering lowering the 8% interest rate. Council Member Capra requested the following changes: On Page 3, change "from" to "for". On Page 4, remove one of the "Council Members". On Page 7, remove the word "that", On Page 10, replace most with "majority." Motion bv Councn Member Lee. seconded bv Councn Member Broussard Vickers to approve the Councn Meetin2 Minutes of March 26. 2003 as amended. All in favor. Motion carried unanimouslv. IV. CONSENT AGENDA 1. The City of Centerville March 26, 2003 through April 9, 2003 Claims for Approval 2. Centennial Fire District Claims 3. Bald Eagle Water Ski Club 4. Centennial Soccer Association - Dedicated Use of Fields 5. CSAH 14 Tax Abatement Resolution #03-019 (Dupre) 6. CSAH 14 Tax Abatement Resolution #03-020 (Zimney) 7. CSAH 14 Tax Abatement Resolution #03-021 (Herr) Motion bv Councn Member Broussard Vickers. seconded bv Councn Member Canra to approve the Consent A2enda as presented. All in favor. Motion carried unanimouslv. V. AWARDSIPRESENTATIONS/APPEARANCES 1. Anoka County Board of Review Motion bv Councn Member Broussard Vickers. seconded bv Councn Member Capra to open the Board of Review hearin2. All in favor. Motion carried unanimonslv. Mayor Sweeney opened the Board of Review hearing at 6:48 p.m. Linda Weiner, a staff appraiser for Anoka County and Jim Ruloff, a commercial appraiser addressed Council and indicated they were there to address the concerns of any residents with regard to their valuation. She then indicated there was approximately a Page 2 of17 City of Centerville Council Meeting Minutes April 9, 2003 13.4% value increase in Centerville with 116 home sales from November 1,2001 through October 31, 2002 and 49 new homes. Ms. Weiner indicated she was aware of the issues with the church and indicated that the County Assessor has been conferring with the County Attorney to get an exempt status on some property that the church owns as well as considering an application for green acres status. She then said that a final decision on the matter would come from the County Attorney and County Assessor. Mr. Wilharber indicated that he had a concern with the estimated market value going from $53,400 to $221,000 as that is a tremendous increase. He then commented that there was an issue as the church used to rent a portion of the land to a farmer but the church has realized that it is not getting enough money in rent to pay taxes and would like to go back to the agricultural designation and the County has said it will not do it. Ms. Weiner indicated that church properties are being looked at in the entire metro area for intended use. She then indicated that they are waiting to hear of the outcome from the church meeting to determine the intended use for the property and that will help with their decision. She also explained that the difference in value is that the church was not previously within the MUSA boundary and now it is and that increases the value. No other residents were in attendance for the Board of Review hearing. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to close the Board of Review beannS!. All in favor. Motion carried unanimouslv. Mayor Sweeney closed the Board of Review hearing at 7:17 p.m. VL PUBLIC HEARlNG(S) None. VII. COUNCIL BUSINESS 1. Site Plan Review J & L Construction Ms. Moore-Sykes gave a brief overview of the proposed plan and indicated that the Planning Commission unanimously recommended approval pending Rice Creek Watershed District approval. Council Member Capra asked whether there would be any outside storage of any product or equipment. J & L Construction indicated that there would not be outside storage. Council Member Capra asked about the landscaping. J & L indicated that the landscaping meets City requirements noting there are 105 plantings. Page 3 of 17 City of Centerville COIll1cil Meeting Minutes April 9, 2003 Motion bv Conncil Member Broussard Vickers. seconded bv Council Member Caora to aoorove the site olan for J & L Construction oendin!! final aooroval of the City En!!ineer and Rice Creek Watershed District. Ail in favor. Motion carried unanimouslv. 2. Approval of the 2002 Audit Motion bv Council Member Lee. seconded bv Council Member Paar to aoorove Resolution #03-018 as oresented. AIl in favor. Motion carried unanimouslv. 3. Cell Phone Re{llacement Proposal Mr. Palzer gave a brief overview of the cell phone replacement proposal indicating that the goal is to upgrade the system and eliminate the pagers as there have been issues with receiving pages. He then indicated that Staff recommends the AT&T system at an additional cost of$192. Council Member Broussard Vickers asked how long the contract would be. Mr. Palzer indicated it would be a one-year contract. Mayor Sweeney indicated he uses Nextel for his business and he has not run into any issues where it does not work and commented that Nextel provides a plan with unlimited walkie talkie minutes. Ms. Moore-Sykes indicated that a plan including unlimited walkie talkie minutes was discussed but the price went up considerably and the coverage was more limited. Council Member Broussard Vickers asked whether the 300 minutes would be sufficient as cell phone plans become very expensive when you go over your allotted minutes. Mr. Palzer indicated that there are a lot of short conversations and he feels the 300 minutes will be adequate. Mayor Sweeney indicated he was aware of a Nextel plan with unlimited direct connect, the phones were cheaper and it was around $40. Council Member Lee indicated he would like to go with Mr. Palzer's recommendation as he has done the investigation and he is the one that uses the system. Motion bv Council Member Broussard Vickers. seconded bv Council Member Caora to aoorove a chan!!eover of City communications from oa!!ers to four cell ohones with an additional annual cost of not more than $300. the exact 01,110 to be determined bv Staff. AIl in favor. Motion carried unanimouslv. Page 4 oft 7 City of Centerville COImcil Meeting Minutes April 9, 2003 4. lro-Green Chem Lawn Mr. Palzer indicated he received four quotes and three were higher than Tro Green and one was lower. He then indicated that two of the vendors submitting quotes had not come out to the City but had used a map to determine their bid. He also explained that the bid that was cheaper was from a vendor who had quoted granular fertilizer and that is why it is cheaper. Mayor Sweeney asked if the turf has been getting better and whether there were less weeds. Mr. Palzer indicated it is much better than it was and this is only its fourth summer so he feels it is in excellent condition considering there is no irrigation system. Motion by Council Member Broussard Vickers. seconded by Council Member Lee to aoorove the Tru-Green Chem Lawn contract. Ayes - 4. Nays - O. Abstain - 1 (Purl. Motion carried. 5. Resolution #03-022 (J>eltier Preserve Improvement & Preparation of Plans) Council Member Broussard Vickers asked if the City had received other letters asking for water and whether Staff verified that the residents listed in the letter actually do want the water. Ms. Moore-Sykes indicated she was not sure whether Staff verified that the residents listed in the letter wanted City water but indicated that could be done if Council wished to proceed with water in that area. Mayor Sweeney indicated the City could order plans and specifications to add those residents as an alternate to the plan. City Attorney Hoeft recommended that the City proceed with its original decision and if the residents want water they can petition the City for the improvement and bear the cost to do so. Council Member Broussard Vickers asked whether the letter should be considered a petition. City Attorney Hoeft indicated it should not be considered a petition. Council Member Broussard Vickers commented that she understands not wanting to speak publicly but there was ample time during the process to contact a Council Member privately, call City Hall, or send a letter before Council made the decision. Council Member Capra indicated she spoke with Mrs. Lee and told her that, had she called on Tuesday instead of Thursday after the Council Meeting, she would have voted differently and then recommended she send a letter to Council for consideration. City Attorney Hoeft cautioned that the City would be expending the money to add this as an alternate to the project for the preparation of the plans and specifications. He then said that the City may wish to consider telling the residents that, if they do want water, they would need to formally petition for it and those costs could be assessed to the residents. Page 5 of17 City ofCenterville Council Meeting Minutes April 9, 2003 Council agreed that it was too late in the process to add the interested residents. Motion bv Council Member Lee. seconded bv Council Member Paar to aoorove Resolution #03-022 as oresented. All in favor. Motion carried unanimouslv. 6. Resolution #03-017 - MN Legislature to Preserve Local Government Control Ms. Moore-Sykes indicated that the City of Andover had taken the lead on this Resolution and is asking all cities in Anoka County to consider adopting the Resolution to be sent to the legislature showing support for cities maintaining control over local government. Council Member Capra indicated she was at the meeting and had discussed with the representatives that she was more concerned with the homestead credit than LGA and wanted to maintain control of city wages and salaries. Ms. Moore-Sykes indicated the issue with the market value homestead credit is that it is taken after the City has already decided what next year's budget is and it is based on property taxes. She then indicated that the credit is what the state wants to give to homeowners and not the City. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to aoorove Resolution #03-017 as oresented. Council Member Capra indicated she had personally voiced her opinion to the Capitol and does not believe there is a necessity for some of the language and would want to vote on local government control over salary increases only. Council disagreed. VOTE: Aves - 3. Navs - 2 (Paar. Caoral. Motion carried. 7. Water Tower Mayor Sweeney indicated it takes 18 months to two years to plan and construct a water tower and he would like to get going on it. He then indicated there were a few sites considered a few years ago and listed them for Council. Council Member Broussard Vickers asked what site is the most recommended. Mr. Peterson indicated that Outlot A would be recommended but the City would have to purchase it. Mayor Sweeney indicated that there could be advantages with locating it closer to the freeway. Page 6 of17 City of Centerville Council Meeting Minutes April 9, 2003 Council Member Broussard Vickers asked if there was room at the new public works building to construct the water tower. She then commented that she is not interested in purchasing land to construct the water tower when Council considered the possibility of locating the water tower at the new public works site when that land was purchased. Ms. Moore-Sykes indicated the site was formerly a trucking site and asked if there was any danger of polluted soils. Mr. Palzer indicated that was investigated when the property was purchased and the City has a clean site. Council Member Capra asked how deep the well is. Mr. Palzer indicated the one well is 267 feet deep and the other is 187 feet deep. City Attorney Hoeft indicated the City would need to look at potential issues with damage to property values when locating the water tower. Mr. Palzer indicated that there is a large pond behind the public works building that would be a good buffer for the homes. Council asked for feasibility information on the Cedar Street and public works site. 8. Cleaning of AdministrativelPublic Works Offices Ms. Moore-Sykes indicated that Staff has been having to complete some tasks that should be taken care of by the cleaning company. Council Member Lee asked if Staff would be open for a trial period with a company. Mayor Sweeney indicated that there were to be mats made into runners for both door areas to ease wear and tear on the carpet and said he would like to see runners. Council Member Lee recommended a 90-day trial contract. Council Member Paar indicated he would like to know if the quote covers both buildings. Council asked for clarification on what is being paid and comparison of the two quotes as well as a third. Motion bv Council Member Broussard Vickers. seconded bv Council Member Caora to table for further information from Staff and to direct Staff to obtain another bid. All in favor. Motion carried unanimouslv. Mayor Sweeney asked that Staff compile a list of desired services and have the three companies provide a quote for those services. Page 70f17 City of Centerville Council Meeting Minutes April 9, 2003 9. Remodeling of Council Chambers Ms. Moore-Sykes indicated Staff received two quotes regarding the proposed remodeling and painting of City Hall one from GP and Sons and one from RJ. Shepard Construction. She then indicated that Staff is recommending the GP and Sons quote even though it is slightly higher as it more specifically outlines the scope of the work to be done. Mayor Sweeney indicated he would abstain from discussion and voting on this matter as he has pending litigation with R.I. Shepard. Council Member Capra asked where the money would come from for the remodeling. Ms. Moore-Sykes indicated she would need to discuss that with Ms. Paulseth. Council Member Broussard Vickers indicated she has a hard time believing that the City would save $3,000 in a year in heating costs and she is not sure that she wants to remodel the room if it is going to take five years to recover the costs. She then said that the room is unoccupied most of the time. Ms. Moore-Sykes indicated that Staff does use the room for meetings. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to table this matter to the next meetin2. All in favor. Motion carried unanimouslv. 10. Ordinance #39 - Signage Council Member Paar indicated that some of the local business owners had asked him to review the sign ordinance with Council as they feel it is overly restrictive with regard to temporary signs. He then said that Wiseguys is considering relocating to Hugo when his lease is up because the sign ordinance there is less restrictive and he feels that temporary signage increases business. Council Member Paar indicated that reading the sign ordinance is a bit confusing and he feels it needs further clarification. Council Member Broussard Vickers indicated she was part of the group that worked on the sign ordinance and there are restrictions on temporary signage because the City does not want a lot of temporary signs because it looks bad. She then said that allowing them means the potential is there for all businesses to have them all the time. Council Member Capra indicated she would like to leave the ordinance as it is because she feels it would start to look trashy if all the free signs given to businesses by vendors had no restriction. Council Member Broussard Vickers indicated that the City had input from business owners while working on the sign ordinance. She then said that business owners have the Page 8 of17 City of Centerville CoWlCil Meeting Minutes April 9,2003 ability to have a permanent changeable sign that would solve the issue for this business owner. Council Member Lee indicated he had heard that Mr. Vanderbeek was considering moving to Hugo as the liquor license is more restrictive in Centerville. Council Member Capra indicated that Mr. Vanderbeek was part of the liquor license discussions. Council Member Paar indicated that Mr. Vanderbeek had thought he was limited to four signs per year and he will inform him that it is 6 as well as informing him that he can have a permanent changeable sign if it meets all the requirements of the sign ordinance. 11. Ordinance #49 - Noise Mayor Sweeney indicated there have been issues with noise after 10:00 p.m. stemming from bands playing at Kelly's. He then said that he would like the City to consider amending the noise ordinance to midnight on Friday and Saturday nights. Ms. Moore-Sykes indicated she had begun gathering information from neighboring cities as well as the League of Minnesota Cities to determine whether midnight is the norm for the area on Friday and Saturday nights. Council Member Capra indicated she has concerns with moving the time to midnight as that leaves it open that all residents could be making noise until midnight. She then indicated she had asked Staff to determine whether when Mr. Bisek added the volleyball court a noise impact was done as is required by ordinance. Ms. Moore-Sykes indicated that Staff was asked this morning and did not have time to research the matter. Council Member Broussard Vickers indicated the ordinance says the City may require a noise impact study it does not say that it has to be done. Ms. Moore-Sykes indicated it is not mandatory and Staff was not able to determine if it was requested with such short notice. Council Member Capra indicated she had asked for the definition of the statue statute for punishment. City Attorney Hoeft indicated that as with any violation of City Code it is a misdemeanor unless made a petty misdemeanor by the Council and misdemeanors carry sanctions of $1,000, 90 days in jail, or both. Council Member Broussard Vickers indicated she would like to hold a public hearing to consider changing the time to midnight. Council Member Lee indicated he had no objection to midnight on Friday and Saturday night. Page 9 of 17 City of Centerville COlmcil Meeting Minutes April 9, 2003 Ms. Moore-Sykes indicated she is looking into maximum decibel levels and enforcement information from other ordinances. Mr. Bisek addressed Council and indicated that he is concerned with the vagueness of the ordinance because it appears that whether or not there is a violation is hearsay from a neighbor. He then said he has purchased a decibel meter to assist him with keeping the sound at a level that does not carry outside the building. Mr. Bisek indicated this is a situation where there were three people walking around the outside of the building and from the parking lot you could not hear the band. City Attorney Hoeft indicated the details should not be discussed as a citation was issued and the matter will be discussed in court. Mr. Bisek indicated he would like to request a permit to continue doing business until the ordinance is rewritten and then said that he would ensure that neighbors a block away would not be hearing the band from their backyards. Council Member Capra asked, hypothetically, if an officer goes to a resident who is complaining of noise and if the officer can hear the music outside of the bar at the residence loud enough to distinguish the song if it would be considered a violation of the noise ordinance. Council Member Lee indicated he would like to see the City set a decibel level. Mayor Sweeney commented that hearing the music a block away means it is too loud. He then indicated he had heard that the music was too loud to converse in Kelly's that evemng. Mr. Bisek indicated he always fights with the bands over noise because they are all deaf and he has to try to convince them that loud is not always better. He then said that the decibel meter should assist him with keeping the sound down. There was consent to have a public hearing. Council Member Broussard Vickers asked whether Council needed to consider a permit for operating after 10:00 p.m. City Attorney Hoeft indicated that there has not been a history of noise violations with this business and said the bands can continue but the noise must be maintained such that it does not disturb the neighbors after 10:00 p.m. until it is determined whether the ordinance will be amended. Council Member Capra indicated she spoke with the Deputy Chief and was told that no matter what the decibels the sound cannot impede upon another person. City Attorney Hoeft indicated that it is at the officer's discretion as to whether a citation is warranted. Page 10 of 17 City of Centerville COWlcil Meeting Minutes April 9, 2003 Mr. Bisek asked if he has any recourse when complaints are being fabricated. City Attorney Hoeft indicated that anyone could report to the police department if they feel someone is falsely filing a police report and that would go through the proper channels. Mr. Bisek indicated he has always tried to get along with the neighbors and he is surprised by the citation as nothing has really changed. He then thanked Council for its time and said he intends to continue trying to keep the peace with his neighbors. 12. Proposed Language Modifications (Ordinance #1. #17 - A & Ordinance #63 Ms. Moore-Sykes indicated the Planning and Zoning Commission reviewed the ordinances and unanimously recommended approval. Council Member Capra questioned whether the City wanted to continue with the language exempting farms from garbage pickup. Council agreed to eliminate the exemption for farms. Council Member Broussard Vickers asked Staff to verify whether the current carrier is carrying $100,000/$300,000 for liability insurance. Council Member Broussard Vickers indicated the main change to the snowmobile ordinance was to make the owner of the snowmobile responsible for violations. Council Member Capra asked whether the City can shut off someone's water. City Attorney Hoeft indicated the water can be turned off if the bill is not paid. He then explained that water is not governed in the same way as Minnegasco or NSP are for heat in the winter. Motion by Conncil Member Broussard Vickers. seconded by Council Member Caora to hold oublic hearin2s on the three ordinances. All in favor. Motion carried unanimously. 13. Parks and Recreation Committee Recommendations Council Member Lee indicated Parks and Recreation had reconsidered its motion to Council and split it out into four motions. He then said he is concerned with the maintenance of the property being donated. Council indicated that the determination as to whether to accept the donation of land could be discussed and considered when the plat is before Council. Council asked that the recommendations be heard when the plat is discussed. Page 11 of17 City of Centerville Council Meeting Minutes April 9, 2003 14. Appointment of Two (2) Council Members and City Administrator to the Police Consolidation Exploratory Taskforce Mayor Sweeney indicated he would like to be on the Police Consolidation Taskforce. Council Member Capra indicated she would like to serve on the Police Consolidation Taskforce. Council Member Lee indicated he would serve as an alternate for the Police Consolidation Taskforce. 15. Historic District Update Council Member Capra indicated she has the opportunity to take what she has gathered down to the State Historic Preservation Office for review prior to the application process and she would like to do that as it might answer a lot of questions before going through the process. Council Member Broussard Vickers asked whether she intended to put in an application as an individual for the historic district. Council Member Capra indicated she has already done the windshield survey and met with Mel Dupre for photographs of the way houses looked at the turn of the century and Ms. McDonald is willing to look at the information to see if there is enough to proceed. Council Member Broussard Vickers indicated she did not want Council Member Capra making the application as a representative of the City. Mayor Sweeney indicated he did not have an issue with gathering information but no formal application on behalf of the City or as a City representative should be filed. Council Member Broussard Vickers indicated she would have no issue with Council Member Capra going down to discuss the matter as a private citizen but not as a representative of the City. Council Member Lee indicated he was leaning toward opposing the district as there are only 8 people out of 41 that want it and the business center as a whole does not want it. He further commented that the support for the district is not there. Council Member Capra asked if it was the consent of Council not to have an historic district. Council indicated it wished to remain neutral in the process and did not want to support or condemn the process. Page 12 of 17 City of Centerville COIUlcil Meeting Minutes April 9, 2003 Council Member Capra indicated she would present the information. as the City Historian. Council indicated that it did not want Council Member Capra presenting the information as a representative of the City in any capacity but as an interested citizen. 16. Streets Council Member Paar indicated he had two complaints about rocks on the street on Meadow Lane and Meadow Circle. He then said he went and looked and there are a lot of loose rocks. Mr. Palzer indicated that the City has begun the sweeping process and it should be cleaned up within a couple of weeks. Council Member Capra asked if there would be patching of the streets this year and when that would occur. Mr. palzer indicated that some patching would be done this week but some areas will need to wait until the frost is completely out of the ground. Council Member Capra indicated that residents with concerns should contact public works. Mr. Palzer welcomed calls but said he is aware of the areas needing patching. Ms. Moore-Sykes asked if residents should contact public works concerning street sweeping. Mr. Palzer indicated residents could contact public works with street sweeping concerns. 17. Fire Hydrant Council Member Paar indicated that John Grahek had contacted him concerning the fire hydrant on Meadow Circle as it was recently fixed and is leaking again. Mr. Palzer indicated a bad seat was replaced a couple of weeks ago and said he would check into the matter. 18. Cemetery Tree Council Member Capra indicated the big tree was taken down in the cemetery and the gentlemen who removed it cut a cross section out for the City. She then asked for permission to store the cross section on City property for potential use in conjunction with the City's IS0th Anniversary in 2007. She also indicated she was researching the proper way to preserve the cross section. Council agreed that the cross section could be put in the old public works facility but asked that the piece not be moved until road restrictions are off. Council Member Capra indicated that one of the possible uses for the cross section of the tree would be to have it serve as the sign for Centerville and have it carved. Page 13 of 17 City of Centerville COlUleil Meeting Minutes April 9, 2003 City of Centerville COWlcil Meeting Minutes April 9, 2003 23. Consideration of Citizen and Business of the Year Nominees 19. TIF Question Council Member Paar indicated the recommendation for Citizen of the Year is Mr. John Thill and the Business Person of the Year is Mr. Todd Steffen from Comer Express. Council Member Capra asked about the TIF memo. Ms. Moore-Sykes indicated it was an ongoing legal issue requiring an executive session to discuss. Motion bv Council Member Caora. seconded bv Council Member Lee to acceot the ballot results for Citizen of the Year as Mr. John Thill and Business Person of the Year as Mr. Todd Steffen. Corner Exoress. All in favor. Motion carried unanimouslv. 20. Draft Settlement Woods of Clearwater Creek vm. ANNOUNCEMENTSIUPDATES Motion bv Council Member Caora. seconded bv Council Member Broussard Vickers to direct the City Attorney to create a settlement stioulation with the develooer of the Woods of Clear Water Creek based on the discussions durinS! closed session. All in favor. Motion carried unanimouslv. 1. Legislative Update 21. Street Dance Liquor License 2. Capital Proiects City Attorney Hoeft indicated that he, Mr. Peterson and Ms. Paulseth would be sitting down with Deer Pass to discuss the outstanding amounts. Council Member Capra indicated the seniors at St. Genevieve would like to do a street dance and asked if they could charge for liquor or if a permit is needed or if they could ask attendees to bring their own bottles. None. City Attorney Hoeft indicated that the church could invite anyone to its privately owned property and serve alcohol but if there is an intention to sell alcohol the church would need to have a liquor license. 3. Pheasant Marsh Phase II Council Member Broussard Vickers asked whether the City had any liability for the street continuing to be used. City Attorney Hoeft indicated that the City has no liability because it is no longer City property. He then said that the property owner may wish to consider blocking the street as they incur the liability for allowing use of the property. Ms. Moore-Sykes reported that the Mylars are at the County for recording. 4. City Hall Downtown Ms. Moore-Sykes indicated the Staff report included in packets overviews some thoughts on the possible options for downtown redevelopment. 22. EDC Appreciation Dinner Budget Council Member Broussard Vickers indicated she would like to put the property out for bid to determine if there is an interested buyer. Council Member Paar indicated the EDC is doing three mailings as well as calling businesses to make sure that everyone is aware of the business appreciation dinner. He then asked for approval of the budget for the dinner. Council Member Capra asked how many Council Members would support the building of a new City Hall. Council Member Capra asked for clarification of the cost of the awards because she thought they were $50 each. Mayor Sweeney indicated he was not sure a new City Hall was necessary but said there are issues with the City outgrowing its current space. Council Member Broussard Vickers asked if the EDC is requesting RSVP's. Council Member Capra indicated she did not think there is the space downtown for a building. She then said she is opposed to a City Hall but would not be opposed to a commercial development or a TIF district. Council Member Paar indicated that EDC is doing RSVP's. He then said that last year there were 46 RSVP's and only 40 people participated and explained that last year, some food from the Volunteer Appreciation gathering was utilized. Mayor Sweeney indicated this was not a push for a new City Hall but it would give an option for entities to lease a portion of the building to offset the costs of constructing a Motion bv Council Member Capra. seconded bv Council Member Paar to aoorove the EDC Business Aooreciation Dinner and awards budS!et not to exceed $850.00. All in favor. Motion carried unanimouslv. Page 15 of 17 Page 14 of 17 City of Centerville Council Meeting Minutes April 9, 2003 new City Hall to address the inadequacies of the current City Hall and Council Chambers. Council Member Capra indicated the current City Hall was built with the option to expand on site. Mayor Sweeney indicated he was not saying the City has to have a new City Hall but there are issues with storage. Council Member Broussard Vickers indicated she would rather see the City sell the property to a developer that would develop the parcel in a way that the City agrees with to get the City's purchase price back as well as get the property back in the tax base and use the money to expand the current City Hall facility, if necessary. Council asked Staff to locate the old request for proposals on the property and revise it. Council Member Capra indicated she would like Ms. Paul seth to look into the TIF options. Mayor Sweeney and Council Member Lee indicated they did not want to see a TIF district used. Council Member Broussard Vickers asked that wording be included to indicate that the City may consider TIF. Ms. Moore-Sykes indicated she had a visit from the owner of Reel Manufacturing and he wanted her to tell Council that he is not in any way, shape or form negotiating for the sale of his property and he is getting a lot of negative calls from the public because of the suggested use for the property as a slaughterhouse. She further commented that the owner of Reel Manufacturing has said he does not think it is fair that the community should be striking out against him when they do not have all the facts. Ms. Moore-Sykes indicated she contacted Mr. Vang and indicated that the City intends to spend no more time on this matter until he is the owner of record on the property. Council Member Capra asked that Chief Bennett's concerns over the fireworks permit be added to the next agenda. City Attorney Hoeft indicated the state legislature capped it to keep cities from prohibiting fireworks by making the fee too high. Motion bv Council Member Broussard Vickers. seconded bv Council Member Caora to direct Staff to send a letter to the state le2islature indicatiu that the mandated tire works fee is too low and the City is not able to cover its costs of investieation and aooroval with a $50 fee. All in favor. Motion carried unanimouslv. Council Member Lee indicated he would like to have Staff determine whether the developer of Peltier Preserve has paid the filing fees for the 19 properties. Ms. Moore- Sykes indicated the fees had not been paid when she checked two weeks ago but said she would check with Ms. Paulseth. She then indicated that Mr. Gonyea took his final plat to Page 16 of 17 City of Centerville COlDleil Meeting Minutes April 9, 2003 the County for initial review before bringing it to the City for approval and was told he needed to come to the City first. Council Member Broussard Vickers indicated that the motion to approve was based on the developer paying for the engineering costs and asked whether those had been paid. Ms. Moore-Sykes indicated she would research the matter and report back. IX. ADJO~NT Motion bv Council Broussard Vickers. seconded bv Council Member Caora to adiourn the ADril 9. 2003 City Council Meetin2 at 9:58 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 17 of17 CITY OF CENTERVILLE CITY EXECUTIVE SESSION April 9, 2003 6:00 p.m. I. CALL TO ORDER Mayor Sweeney called the Council Worksession to order at 6:10 p.m. Present at the meeting were Councilmembers Broussard Vickers, Capra, Lee and Paar; City Administrator Kim Moore-Sykes, City Attorney Jim Hoeft and Finance Director Ellen Paulseth. II. DISCUSSION ITEMS Woods of Clearwater Creek Delinquent Development Fees and Litigation. Paulseth gave a report to the Council regarding the meeting that Staff and the City Attorney had with Dick and Monica Travis. III. ADJOURNMENT The Council Worksession was adjourned at 6:40 p.m. Respectfully submitted by: Kim Moore-Sykes, City Administrator CITY OF CENTERVILLE CITY COUNCIL MEETING APRll., 23, 2003 6:30 p.m. Pursuant to due call and notice thereof: the City of Centerville held their regularly scheduled meeting on April 23, 2003, at City Hall, 1880 Main Street. PRESENT: STAFF: Mayor Terry Sweeney @] Council Member Paar Council Member Lee () 0 Council Member Capra @ None. ~ 0 City Administrator, Ms. Moore-Sykes City Attorney, Mr. Jim Hoeft City Engineer, Mr. Tom Peterson ABSENT: I. CALL TO ORDER Mayor Sweeney called the April 23, 2003, City Council meeting to order at 6:36 p.m. n. SET AGENDA Council Member Capra requested that toxic site clean up be added as Item 10. Motion bv Council Member Broussard Vicken seconded bv Council Member Lee to aoorove tbe a2enda as amended. All in favor. Motion carried unanimouslv. Ill. APPROVAL OF COUNCIL MINUTES 1. April 9, 2003 Council Meeting Minutes Mayor Sweeney requested the following changes: On Page 11, 6th paragraph change to "exemption" for farms rather than exception. On Page 15, last sentence add an "1" to hall. Council Member Capra requested the following changes: On Page 12, capitalize State Historic Preservation Office. On Page 13 remove "to Ms. McDonald for review." City of Centerville COWleil Meeting Minutes April 23, 2003 Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to aQProve the Council MemnS! Minutes of April 9. 2003 as amended. All in favor. Motion carried unanimouslv. IV. CONSENT AGENDA 1. The City ofCenterville April 10, 2003 through April 23, 2003 Claims for Approval 2. Centennial Fire District Claims 3. NPDES Phase II MS4 Permit - $5,300 (Bonestroo) 4. City Clerk's Performance Review 5. Finance Director's Performance Review 6. Public Works Director Performance Review Motion bv Council Member Broussard Vickers. seconded bv Council Member Pur to aporove tbe Consent A2enda as presented. All in favor. Motion carried unanimouslv. V. AWARDSIPRESENTATlONS/APPEARANCES 1. Mr. John Thill- Citizen of the Year Mayor Sweeney read the letter of recommendation nominating Mr. Thill for Citizen of the Year. He then presented a plaque to Mr. Thill. Mr. Thill thanked Council for being nominated and for all those that voted for him. VL PUBLIC BEARlNG{S) None. vn. COUNCIL BUSINESS 1. Pheasant Marsh Phase II - Release of Building Permits w/o Mylars Ms. Moore-Sykes indicated that Ground Development has asked that building permits be issued without the mylars because of a backlog with recording at the County. Mr. Dale Runkle, Ground Development, indicated that they had filed the documents with the County on March 24,2003. He then explained that the first stop at the County is the surveyor and once that office approves the documents they are sent to the recorder's office for recording. He also indicated that all fees have been paid but the County, as of yesterday, was only on March 15,2003 for recording. Page 2 of 11 City of Centerville Council Meeting Minutes April 23, 2003 Mr. Runkle indicated that he has builders who are waiting for building permits to begin the homes in order to have new residents closed and in their homes by the time school starts in the fall. Mr. Runkle indicated that if the City would be willing to allow building permits they would ensure that no CO's would be applied for until all the documents are recorded. City Attorney Hoeft indicated he had spoken to Ground Development's attorney and said that Mr. Runkle is here to ask the City for a favor. He then said he has issues with that because the documents are at the County for recording but there is a small chance that there could be an issue with the documents that would require amending them. He further commented that the City's Ordinance requires that the documents be recorded before issuing the building permits and he would not recommend Council circumvent the ordinance to allow building permits in this instance. City Attorney Hoeft indicated that the attorney for Ground Development asked if this had been done for any other developers. He then indicated that it has not been done during his tenure with the City and, if it was done previously, it was done by mistake and mistakes do not set a precedent. City Attorney Hoeft indicated the safe and conservative answer would be to require that Ground Development wait until the documents have been recorded with the County. He then said that he appreciates the position of Mr. Runkle but commented that the development contract was approved by the City Council in August of last year and it seems a little odd that this is being discussed in the middle of April to accommodate builders by two weeks. Council Member Capra asked why the documents were not filed with the County until March. Mr. Runkle indicated there were issues with the development contract approved by Council that needed clarification. He then said that his attorney wanted to look at the document for further clarification. City Attorney Hoeft commented that, with all due respect, the review and back and forth correspondence could have taken place within 30 days and did not need to take six months. Council Member Broussard Vickers indicated that Council does not have the ability to waive the requirements of an Ordinance. City Attorney Hoeft indicated the only time the City has worked outside of its Ordinance is when the sign ordinance was being reviewed for change and there was a sign coming to town that would meet the new ordinance requirements. He then said he is not aware of any impending ordinance changes that would accommodate this situation. Mayor Sweeney indicated he felt the City needed to abide by the ordinance so as not to set a precedent for future situations. Page 3 of 11 City of CenterviJle Council Meeting Minutes April 23, 2003 Mr. Runkle indicated there is no issue with the documents it is merely a situation where the County is several weeks behind in the recording process. He then asked whether it would be possible to obtain partial building permits to allow for footings and foundations. Council Member Lee indicated he was not ready to put the City at any kind of risk to save a week or two of building time. He also indicated he does not want to create a precedence of ignoring the City's ordinances. Council Member Paar agreed and said that he does not want to have to deal with a situation where, even though a slim chance, the documents are not right and require amendments and building permits are already issued. Council Member Broussard Vickers indicated that, if she felt the City had more culpability in the delay, she would be more inclined to consider the request but she does not feel the City had anything to do with the delay. She further commented that the City has a law on the books that cannot be waived. Mr. Runkle indicated that he has worked in a number of other metro communities that allow building permits to be issued with just the receipt from the recorder's office. Council Member Broussard Vickers indicated that the City's Ordinance is not written this way and noted that this is the first time this has been an issue during her five years on Council. Mayor Sweeney indicated it was the consensus of Council that Council was not interested in waiving the City's ordinance to allow for building permits prior to recorded documents. 2. Pheasant Marsh Phase ill - Ground Development's Request to Start Phase ill Mayor Sweeney indicated he did not have any issues with allowing Phase 1lI to begin early but noted it would require a Comprehensive Plan amendment that the developer would need to pay for. Council Member Capra indicated she was concerned that the Comprehensive Plan has not been amended and that should be done first. City Attorney Hoeft indicated that Ground Development was seeking approval to move forward with Phase ill before spending any money on a Comprehensive Plan amendment. City Attorney Hoeft indicated that he is concerned with the fact that the improvements for Phase I and Phase IT are close to the $1.8 million listed in the developer's agreement. He then said that if the improvements go over that $1.8 million the developer has the right to challenge those amounts and the City would be charged with proving the benefit of those improvements and may be left with a sizeable bill to pay. Page 4 of 11 City of Centerville COWlcil Meeting Minutes April 23, 2003 City Attorney Hoeft suggested that the City could negotiate with Ground Development to allow the accelerated schedule provided that they consider an addendum waiving the higher improvement costs. He then said that allowing Phase III earlier than 2005 is discretionary for the Council but Council should be aware of a potentially sizeable liability for those improvements. Council Member Broussard Vickers indicated she would like to look at a different kind of payoff schedule as the City did not anticipate that the first two phases would go so quickly and was short on bond payments. City Attorney Hoeft indicated that Council allowed the acceleration of Hunter's Crossing and required that the developer pay an increased park dedication fee based on the fact that, if the development came in during 2005, the park dedication fee would be higher. Council Member Capra indicated she was not opposed to 2005 being advanced. Council Member Lee indicated his issue would be the park dedication fees and that can be negotiated. City Attorney Hoeft indicated he would like an estimate from the City Engineer for improvements for Phase III to compare how that relates to the original amount in the agreement and then would be looking to negotiate an additional waiver with Ground Development. Mr. Runkle asked what the increased park dedication fees for Hunter's Crossing were. Ms. Moore-Sykes indicated it was an additional $500 per lot. 3. Resolution #03-023 - Pheasant Marsh Phase II Escrow Transfer from Phase I Motion by Council Member Caora. seconded by Council Member Lee to aoorove Resolution #03-023 as oresented. AU in favor. Motion carried unanimouslv. 4. Resolution #03-024 - Hunter's Crossing Phase II Escrow Transfer from Hunter's Crossing 1 st Addition to Hunter's Crossing 2nd Addition Council Member Capra asked if there were any legal issues with Phase II if a Comprehensive Plan Amendment has not been approved. City Attorney Hoeft indicated there were no legal issues with transferring the escrow. Motion by Council Member Lee. seconded bv Council Member Paar to aoorove Resolution #03-024 as oresented. AU in favor. Motion carried unanimouslv. 5. Resolution #03-025 - Close Deficit Funds Mayor Sweeney asked why there were deficits in the funds. Page 5 of 11 City of Centerville Council Meeting Minutes April 23, 2003 Ms. Paul seth explained that the bond that was paid off in February along with the City Hall lease left a deficit remaining. She then said that the explanation is likely the same for the Pheasant Marsh project as a lot of the assessments were prepaid or paid up front and assessed at 8% interest and the City did not earn that kind of interest. Council Member Broussard Vickers commented that the bonds were too long and interest rates dropped. City Attorney Hoeft clarified that the City did nothing wrong with issuing these bonds and is under certain restrictions as to how they are issued. Mayor Sweeney asked for further information on the downtown redevelopment project fund. Ms. Paulseth explained that there had been costs from the Metropolitan Council leaving a deficit in the fund. She then said that it is not appropriate accounting procedure to carry deficit funds and the funds need to be closed out. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to approve Resolution #03-025 based on the recommendation of the Finance Director. AU in favor. Motion carried unanimouslv. 6. Resolution #03-026 - HIP AA Amendment for Cafeteria Plan Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to approve Resolution #03-026 as presented. AU in favor. Motion carried unanimouslv. Council Member Capra commented that the Resolution was backdated and asked if that was okay. City Attorney Hoeft indicated that was the effective date. 7. Resolution #03-027 - Peltier Preserve Approval of Plans. Specs. And Authorization to Advertise for Bids Council Member Capra indicated that the plan showed sidewalks on Centerville road. Mr. Peterson indicated there is an existing sidewalk in Lakeland Hills and since the watennain is being put in on that side it was felt that the City should extend that sidewalk at this time down to the corner of Peltier. Council Member Capra asked if the sidewalks were added into the assessments for the water. Mr. Peterson indicated that the sidewalk was not included in the report. He then said that the costs could be added to the assessments or it could be a City cost. Council Member Broussard Vickers asked what the price would be. Mr. Peterson indicated that the cost would be approximately $10 per foot plus some costs for saw cutting of driveways. Page 6 of 11 City of Centerville Council Meeting Minutes April 23, 2003 Council Member Lee asked whether the filing fees were collected for all of the lots. Ms. Paulseth indicated that the developer had been billed for those fees. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to approve Resolution #03-027 as presented. All in favor. Motion carried unanimously. 8. Mr. Hanzal's Request to Purchase & Remove Cabinetry at 7073 and 7075 Centerville Road Mr. Hanzal offered $250 for the cabinets at 7073 and 7075 Centervi1le Road. Council Member Lee asked what is so special about the cabinets that Mr. Hanzal would want them. Mr. Banzal indicated they are better than the cabinets he now has and did not want them to go to waste sitting there. Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to approve Mr. Banzai's otTer to purchase the cabinets at 7073 and 7075 Centerville Road for $250 with proof of indemnity. AU in favor. Motion carried unanimouslv. 9. Pavilion/Warming House Remodeling Council Member Capra indicated that she asked that this be placed on the agenda for discussion. Mayor Sweeney indicated that a year ago he was working for somebody else and he did a bid for the warming house for doing the roof and the re~roof at that time for a 25 year, 3~ tab shingle tear off and replacement that did not include replacing any rotted roof boards was $4,485 for labor and material. He then indicated he had spoken to the Lions Club and had gotten feedback that the Lions are interested in getting started with at least a picnic pavilion this year and have a plan that was presented to a contractor and they are waiting for a bid on the concrete portion before figuring out the total price of the structure. Mayor Sweeney indicated the Lions would like to have the City purchase the materials necessary and the Lions would donate the labor to put the roof on. He then indicated that the Lions are waiting for further information on the plan for the pavilion structure and would be presenting that to the City as soon as it is available. Council Member Capra asked if the Lions would like to add onto the warming house. Mayor Sweeney indicated that the plan the Lions are working on does not include adding onto the warming house because there are issues with the location such as the drainage ditch and the fact that the building is too far from the soccer and baseball fields. He then Page 7 of I1 City of Centerville Council Meeting Minutes April 23, 2003 said that the Lions have no problem fixing the warming house but it does not function as a concession stand. Council Member Broussard Vickers indicated she would like the Park and Recreation Committee to discuss what it would like to see for the picnic shelter and ask the Lions how much they would like to participate in the project. Council Member Lee indicated he would be in favor of having a concession structure but the warming house also needs to be repaired. Council Member Broussard Vickers indicated she would support the picnic shelter and noted the City has approximately $25,000 and that should go along way toward fixing the warming house and the new picnic structure. Mayor Sweeney explained that the Lions are looking at a building that would eventually have sewer and water so the plans include having everything stubbed in for the time when it is feasible to bring sewer and water to the structure. Council Member Capra indicated that the prohibiting cost was the sewer and that is why previous Council was opposed to having a building up there other than an open sided pavilion. Mayor Sweeney indicated that setting the building up for sewer can be done and the connection made at a different time. Council Member Broussard Vickers indicated she would like the Lions to come to Park and Recreation with a plan for approval and recommendation to Council. She then said she would like to ask Park and Recreation to act on the warming house renovations and provide a plan for Council consideration. Mayor Sweeney indicated the Lions were not looking at the money that the City currently has but money coming this year. Motion bv Council Member Broussard Vickers. seconded bv Council Member Caora to direct Staff to contract to determine the condition of the foundation of tbe warmin2 bouse and whether there is ootential for remodelio2 not to exceed $2.500 All in favor. Motion carried unanimouslv. Council Member Capra indicated that Ted Peterson and she had discussed pavilions that could be purchased and placed on the property rather than one that would have to be constructed. Mayor Sweeney indicated that due to the soil conditions in the area the Lions did not want to do a slab on grade they wanted to do a foundation with a slab over the top. Page 8 of 11 City of Centerville Council Meeting Minutes April 23, 2003 10. Toxic Site Clean Up Council Member Capra indicated she had spoken to the City Clerk and discussed the clean up of meth labs. She then said that other cities are adding information to their ordinances to require that the City can pay for the clean up and assess the costs back to the property owner to ensure that the mess is cleaned up. Council asked Staff to look at upcoming ordinances and insert the language necessary. Ms. Moore~Sykes indicated she would obtain model ordinances and work on it. vm. ANNOUNCEMENTSIUPDATES 1. Legislative Update Ms. Moor~Sykes indicated there are still several bills on the floor and indicated she would update Council in the Friday memo. Mayor Sweeney indicated he received a call from Senator Bachman and she thanked him for the Resolution to maintain local government control and said it would go a long way toward helping her show that this is what the City wants. He then indicated that Senator Bachman would be meeting with the Governor later in the week and the resolution would be discussed. 2. Capital Proiects City Attorney Hoeft indicated that he is moving forward on the settlement documents for Woods of Clearwater Creek. He then said he met with the City Engineer regarding issues on Deer Pass and the integrity of the engineering bill. Mr. Peterson forwarded the documentation to him and it will be reviewed and assessed. 3. Local Government Officials Meeting Ms. Moore-Sykes reminded Council that if Members were interested in going to the Local Government Officials Meeting she would need RSVP's by Friday, April 25, 2003. Ms. Moore-Sykes indicated that she has been getting calls from residents concerning the rough road along Heritage and LaMotte and Mr. Patzer will be obtaining cost estimates from local contractors for a semi-permanent patch. Council Member Lee commented that the road is a mess and he would like to rebuild it rather than patch it. Mayor Sweeney indicated that Lino Lakes has the other end of the road and they are planning on redoing that road in 2006. Page 9 of 11 City of Centerville Council Meeting Minutes Apri123, 2003 Council Member Lee indicated there are funds set aside for 21st Avenue but this stretch of road is very bad. Council Member Broussard Vickers indicated the City does not have money anywhere close to what this would cost for a reconstruction. Mr. Peterson then speculated that the road reconstruction would cost approximately $100,000 to $200,000 depending upon whether curb and gutter were required. Ms. Moore-Sykes indicated that Staff indicates a semi-permanent patch would last 3 to 5 years and possibly longer at a cost of approximately $40,000 to $50,000. Mayor Sweeney indicated he would like to know what it would cost to do it right. Ms. Moore-Sykes indicated that the street reconstruction information would be ready in June and there would be a recommendation for that stretch of roadway. Council Member Capra indicated that residents are cutting through St. Genevieve's property to avoid that part of Heritage. Mr. Peterson commented that it could be put back to gravel for a couple of years until there are more funds available for a complete reconstruction. Ms. Moore-Sykes indicated she had a resident contact her wondering if there is an opportunity for a community garden. Council indicated that they were not opposed to residents using City property for the garden but were not interested in the City footing the bill for soil amendments. Ms. Moore-Sykes indicated that the City received information that there will be no lifeguards at the beach this year and said she would be verifying that information. Ms. Moore-Sykes asked whether Council was interested in business cards. Mayor Sweeney indicated he did not think it was necessary to have them printed for the few times they are used and suggested that Staff purchase the clean edge printable cards from Office Max and print a few sheets for Council. Council Member Capra indicated she had offered to pay for them herself and would like to have some to hand out to residents. Council indicated that it was fine for Council Members to order business cards provided the Members paid for them and not the City. Mayor Sweeney asked that Staff obtain the clean edge business cards to have on hand for Council. Page 10 of 11 City of Centerville Council Meeting Minutes April 23, 2003 Council Member Capra indicated the Cable Commission is in the process of a rate review. She then indicated that digital service would become effective May 20 - 22, 2003 with high speed internet coming shortly thereafter. She further commented that residents could contact Comcast to ask when high speed Internet would be available. Council Member Paar welcomed Asian to Go to Centerville and commented that he had stopped in to try the food and it was very good. Council Member Lee had no report. Mayor Sweeney indicated that the Police Commission pinned two new sergeants and congratulated them on their promotion. He then indicated that salaries were approved and should be before Council shortly. IX. ADJOURNMENT Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers to adiourn the Anril 23. 2003 Citv Council Meetinl! at 7:58 n.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc.i Page 11 of 11 CITY OF CENTERVILLE CITY COUNCIL MEETING MAY 14, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of CenterviIle held their regularly scheduled meeting on May 14,2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney ~ Council Member Paar Council Member Lee....... ' ........(00 .c!iO,!i Council Member Capra ., ..,.' .'... "...,' . ....'. ........ ..' ~ None. ... Is ...' 0 City Administrator, Ms. Moore-Sykes City Attorney, Mr. Jim Hoeft City Engineer, Mr. Tom Peterson ABSENT: STAFF: I. CALL TO ORDER Mayor Sweeney called the May 14,2003, City Council meeting to order at 6:35 p.m. II. SET AGENDA Ms. Moore-Sykes requested that the Votel extension of waiver be added to the Consent Agenda. She also requested that an overweight permit for Peltier Preserve be added under Council Business. Council Member Capra requested that the NPDES Permit be removed from the Consent Agenda for discussion. Motion bv Council Member Broussard Vickers seconded bv Council Member Lee to annrove the al!enda as amended. All in favor. Motion carried unanimouslv. III. APPROVAL OF COUNCIL MINUTES 1. April 23, 2003 Council Meeting Minutes Mayor Sweeney requested the following change: On Page 7 of 11 insert a 3-tab shingle. Motion bv Council Member Lee. seconded bv Council Member Paar to ann rove the Council Meetinl! Minutes of Anril 23. 2003 as amended. All in favor. Motion carried unanimouslv. Page 1 of 10 IV. CONSENT AGENDA 1. The City ofCenterville April 24, 2003 through May 14,2003 Claims for Approval 2. Centennial Fire District Claims 3. Acceptance of Ms. Karla DeVine's Resignation from the Parks and Recreation Committee 4. V otel Extension Motion by Council Member Capra. seconded bv Council Member Broussard Vickers to approve the Consent A2enda as amended. All in favor. Motion carried unanimouslv. V. AWARDS/PRESENTATIONS/APPEARANCES None. VI. PUBLIC HEARING(S) 1. Mr. Lloyd Drilling 6939 - 20th Avenue South Rezone Mayor Sweeney opened the public hearing at 6:40 p.m. Ms. Moore-Sykes reviewed the rezoning request with Council indicating that the Planning Commission was in favor of the rezone but was not able to take action on the request until a public hearing has been held on the MUSA change. Mr. Drilling addressed Council and provided an overview of the proposed development. Council Member Broussard Vickers indicated the Planning Commission was fine with the request but noted there were questions concerning the density. She also indicated that Mr. Drilling was told the City was not interested in private roads. Mr. Wilharber indicated that the Commission had asked for another entrance for safety exiting onto Center Street. Council Member Capra indicated she has a concern with this being spot zoning and she feels that the City needs more commercial than residential property. She then commented that the City did not allow a rezone on the property to the south and she has an issue with allowing this one to rezone. City Attorney Hoeft agreed that taking a chunk out of the middle of the commercial and rezoning it to residential could be an issue with spot zoning. He then said he would feel more comfortable if the City had the other parcels along that strip seeking rezones. Page 2 of 10 Council Member Broussard Vickers indicated that the property to the south of this one had an issue with the flood zone and he wanted the City to make him confonning which the City could not do. City Attorney Hoeft indicated he was not objecting to the rezone but said that someone could come in and make an issue out of the zoning and defending that could be problematic when you take a chunk out of the B-1 and leave one to the south and one to the north. Mayor Sweeney commented that the City made an agreement to have up to 160 units of higher density housing. Council Member Capra indicated that the City would achieve that goal with Chauncey Barrett II. Council Member Broussard Vickers indicated that Chauncey Barrett would be only 15 units. Mayor Sweeney asked ifthere was discussion of properties to the north being rezoned. Mr. Wilharber indicated the City was approached by this property owner for a rezone to residential and noted that this property is not deep enough for a good commercial venture while the property to the north is deeper. Council Member Broussard Vickers indicated there was a discussion on spot zoning but the Commission felt it was not an issue as there is residential next to it. City Attorney Hoeft cautioned that it only takes one individual to make an issue out of the rezoning. He then said it would be a far better argument if the City was rezoning more of that corridor to residential to take a bigger portion rather than dissecting the B-1. Council Member Paar indicated he has some of the same concerns as Council Member Capra on the spot zoning as it is commercial. He then said that he ran his campaign on bringing more commercial businesses to the City and he is not in favor of rezoning to residential. Council Member Lee indicated he likes the idea of more properties on the books but has a concern with taking commercial property and rezoning to residential. He then said he would like to wait for a fonnal recommendation from Planning and Zoning before making his final decision on the rezoning. Council Member Broussard Vickers indicated that, unless Council is in favor of the rezoning, Mr. Drilling would not spend the money to move forward with the Comprehensive Plan amendment. Mr. Drilling indicated that the property is not well suited for a commercial development. He then said that the housing he proposes would provide a better tax base than a small commercial development would. Page 3 of 10 Mr. Drilling indicated that the other property owners in the area may be interested in rezoning their property and offered to speak to them about it. He then said that he has spoken with the owner of Reel Manufacturing who was in support of the townhomes and said he is interested in changing his property to residential. Mr. Drilling also indicated that several cities in the surrounding area have rezoned commercial properties to allow for higher density residential to buffer the commercial areas. Mr. Drilling indicated that there was no one at the Planning Commission meeting to comment and there is no one at this meeting to comment so there must not be any objection. Council Member Capra indicated she is not in favor of this little piece being rezoned as it would sever the commercial strip. She then said she is not opposed to considering a rezone on a larger chunk of property. Mr. Drilling indicated the residents in the area are for this type of development and would prefer it to commercial. Council Member Broussard Vickers indicated she would like to have information from the other property owners in the area as to whether they are interested in a rezone to avoid the issue of spot zoning as recommended by the City Attorney. Council Member Broussard Vickers indicated that, from a tax standpoint the numbers would be equal versus one commercial piece and there would be something built sooner rather than later but she would like to see if a larger portion could be rezoned to avoid the spot zoning concerns. Council Member Lee indicated he was not totally against looking at the land use if more landowners are looking to rezone but he does not want to go out on a limb and give anybody a reason to contest it. Mr. Drilling asked if this would be considered an up zone or a down zone. City Attorney Hoeft indicated the reason that was asked is because a down zone, which this is, only requires three of five votes. Mr. Drilling indicated he felt the development would be positive for the City. City Attorney Hoeft asked what differentiates Mr. Drilling's property from the properties to the north or south. Mr. Drilling indicated that the property to the south is less than an acre and the property to the north is wider and deeper making it better suited to commercial development. He also commented that his property is right next to existing housing. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to continue the public hearinl! to June 25. 2003. All in favor. Motion carried unanimously. Page 4 of 10 2. Mr. Richard S. Carlson. Hunter's Crossing 2nd Addition Rezone. Lot Combination & Preliminary Plat Mayor Sweeney opened the public hearing at 7: 15 p.m. Mr. Carlson addressed Council and provided an overview of Phase I of Hunter's Crossing 2nd Addition. Mr. Carlson indicated that Mr. Wilharber has asked that the feasibility study include his two properties and he is asking that the property to the south be included making the development 36 lots. Council Member Capra asked how the development would meet the 20% green space requirement. Mr. Carlson indicated that there is 43 acres of land and over 10 acres is in ponds and there is extra square footage per lot beyond the requirements. He then said that he feels the development is at 25% green space. City Attorney Hoeft indicated that green space is more accurately referred to as open space. Mr. Carlson indicated the wetlands shown are protected and will be fenced off with erosion control methods and will be restricted as to mowing and dumping. Mr. Carlson indicated the permits were applied for with Rice Creek Watershed District. He then indicated that the Planning Commission had revised the requests of the Park Committee with regard to the trail and park land. He further commented that the pond was eliminated to limit liability to the City as well as the trail around Mr. Wilharber's property. The trail would connect to the Lino Lakes trail. Mayor Sweeney indicated he would like to see a sidewalk on Dupre Road. He also indicated he would like to see Shotgun Trail renamed to Dupre Road. Mr. Wilharber indicated that the City would have liability for anyone being injured on or in the pond as well as increased costs of maintenance for a trail around the pond. Council Member Capra indicated she would not be in favor of a trail that zigzags around Mr. Wilharber's property but would like to get the sidewalk on Dupre Road. Council Member Broussard Vickers indicated that everyone on the east side has access within the development to get to the north trail. She then said that the Planning Commission made a recommendation on the lot combination, preliminary plat for Hunters Crossing 2nd Addition Phase I and the grading for Phase II pending approval of the Comprehensive Plan amendment. Page 5 oflO Ms. Moore-Sykes indicated that the Metropolitan Council would be meeting on June II, 2003 to hear this matter and Council is not able to act until its meeting on June 25, 2003. Council Member Capra indicated that the process seems different than when Pheasant Marsh was completed. Ms. Moore-Sykes stated that this is how she was directed to submit it. Council Member Capra indicated there was one other question with regard to the properties to the south east. She then said that it was brought to her attention by Mr. Palzer that the County would be taking property for an easement. Mr. Carlson indicated there are two issues to be resolved and he has not made it an urgent issue because it is involved in the second phase but said negotiations are under way with Mr. Krueger who encroaches on his property with a driveway. He then said that he wants to work with him but is not sure that it is possible. Mr. Carlson indicated that he is not sure that the property owners are aware that 70 feet is not a buildable lot and he would like to buy the property and incorporate it into the development if they are willing to work with him. Council Member Lee reviewed with Council the recommendations of Park and Recreation concerning the development. Mr. Ted Macki indicated that Rice Creek Watershed District has asked for a letter from the City indicating which storm water management features will be maintained by the City. City Attorney Hoeft indicated the City would need to add the ponds to its schedule of ponds for maintenance if the ponds accept drainage from City streets. Council asked Staff to work with the developer to draft the required letter indicating that the City does not want to accept any extra ponds ifit is not required. Council Member Capra indicated that there used to be a plat review check list and she would like to have that again as she feels it is beneficial. Motion by Council Member Capra. seconded by Council Member Lee to continue the hearin!!. All in favor. Motion carried unanimously. VII. COUNCIL BUSINESS 1. Request for Work Session on Mav 28. 2003 to Discuss Capital Proiects Council agreed to set a work session for May 28, 2003 at 6:00 p.m. Page 6 oflO 2. Quad City Representative Motion by Council Member Bronssard Vickers, seconded bv Council Member Capra to authorize Mavor Sweeney and Council Member Capra as representatives and Council Member Lee as an alternate. All in favor. Motion carried unanimouslv. 3. Re-development of Downtown CitvProperty (Mr. Mike Kraft, HTG Architects) Mr. Kraft of HTG Architects addressed Council and provided an overview of his previous redevelopment accomplishments. He then asked Council for authorization to work to provide a redevelopment plan for the downtown area. Council Member Broussard Vickers indicated she thinks the change in Main Street is going to happen whether the City likes it or not. She then said that the City has the opportunity to recreate downtown in another location and she is open to any kind of multi-use plans for consideration. Motion bv Council Member Broussard Vickers, seconded bv Council Member Lee to direct the City Attorney to draft a letter of al!:reement with HTG Architects for redevelopment plans for downtown for a five month period. All in favor. Motion carried unanimously. 5. Resolution #03-028, St. Genevieve Church's Request to Temporarily Conduct Charitable Gambling Activities Motion bv Council Member Capra, seconded bv Council Member Broussard Vickers to approve Resolution #03-028 as presented. All in favor. Motion carried unanimouslv. 5. Resolution #03-029. Spring Lake Park Lion's Request to Renew their Gambling Premises Permit to Conduct Charitable Gambling Activities Council Member Lee asked if Staff has verified that all money due the City is coming in. Ms. Paulseth indicated that they have been paying on an annual basis but report monthly. Motion bv Council Member Broussard Vickers, seconded bv Council Member Lee to approve Resolution #03-029 as presented. All in favor. Motion carried unanimouslv. 6. Spring Asphalt Repair & Additions (Parking Lots LaMotte Park & Public Works) Heritage Street/LaMotte Drive Mr. Palzer indicated he has received quotes from two local contractors but has not had the opportunity to review them. He then said he planned to have the information available for discussion at the work session. Page 7 of 10 Mr. Palzer indicated that it did not make sense to repave the public works site if it is the proposed water tower site. 7. Overweight Permit Ms. Moore-Sykes indicated she received a request from Peltier Preserve for an overweight permit to begin grading. Council discussed the matter and agreed that there would be no permit considered until such time as the required fees for the development have been paid. Council also indicated that bonding would be required to ensure that the streets could be repaired if damaged. 8. NPDES Phase II MS4 Permit Council Member Capra reviewed some concerns she had with the NPDES Phase II Permit. Ms. Moore-Sykes indicated that what is listed in the permit is a minimum level of what the City proposes to do and noted that right now there are things on the web page about storm water and how to mitigate pollution. Council Member Capra commented that by next year the City would have to have an annual storm water management letter. Ms. Moore-Sykes indicated that something like the NEMO presentation would qualify. Council Member Capra asked if there would be a storm water management committee. Ms. Moore-Sykes indicated that she did not feel that was necessary and noted that there are not Staff resources for it. Council Member Capra commented that the total for the first part of this was $8,200 and the total is $15,000. Ms. Moore-Sykes clarified that the permit application was a lot of work that the City would never have been able to complete on its own. She further commented that the government was working on this plan for 30 years and gave Staff a matter of months to put this together. Council Member Capra indicated that she would like to get the surface water management plan back on the agenda to approve. Motion bv Council Member Capra. seconded bv Council Member Paar to approve the NPDES Phase II MS4 Permit. All in favor. Motion carried unanimouslv. VIII. ANNOUNCEMENTS/uPDATES 1. Legislative Update Page 8 of! 0 Ms. Moore-Sykes indicated that there is a bill on the floor that would require multilane phone systems that would be able to track a 911 call from any extension. 2. Capital Proiects City Attorney Hoeft indicated he is in the process of reviewing the first draft of the settlement agreement with Woods of Clearwater Creek. City Attorney Hoeft indicated that he and Ms. Paulseth met to discuss Deer Pass prior to the meeting and that case would be proceeding forward. City Attorney Hoeft indicated that Mr. Buechler was next on the list and said he would be proceeding with collection on each ofthem. 3. Local Government Officials Meeting Council Member Capra indicated that she went to the meeting and one of the biggest issues is HRA. She then said that most cities are against the legislation as they would prefer to keep money local rather than one pool for the whole county. Mayor Sweeney indicated he had gave his opinion to State Senator Mady Reiter. 4. Fete des Lacs Council Member Capra indicated she has an issue with the theme for the Fete des Lacs festival of"shagadelic and that City staff had received one complaint in regards to same. Mayor Sweeney indicated the theme is based on the Austin Powers movie. Council Member Capra indicated she has a concern about what the term "shag" means and suggested that the theme could be changed to the best ofthe 70's. Council Member Lee said he thinks it is all really silly and goes to the whole political correctness that he is against. He then said that he feels people need to develop a thicker skin and not be offended by silly things. Mayor Sweeney indicated that they took a catch phrase from Austin Powers and it was meant to be humorous not offensive. Council Member Paar agreed that it was meant to be a humorous thing and said that there was only one complaint so he does not feel it warrants any action at this time. Council Member Capra indicated that fliers and advertising would be going out next week. Page 9 of 10 Council Member Paar indicated that if someone knows the terminology it means they have seen the movie and will get the joke and, if they have not, they will wonder what they are talking about. He then said that until this discussion he envisioned someone dressed like Austin Powers and did not think it was an issue. Council Member Broussard Vickers suggested the Lions should be sensitive to whatever public comments received and suggested that comments be directed to the Lions. 5. Mr. Brian Eckert - Potentially Dangerous Dog This item was removed from the agenda. Ms. Moore-Sykes indicated that the tri-city meeting is scheduled for May 15, 2003 at 7:00 p.m. at Hugo City Hall. IX. ADJOURNMENT Motion by Council Member Broussard Vickers. seconded by Council Member Paar to adiourn the Mav 14.2003 City Council meetin2 at 8:30 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 10 of 10 CITY OF CENTERVILLE CITY COUNCIL MEETING MAY 28, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on May 28,2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member Paar Council Member Lee .... .........'~ Council Member Capra . . ..i> ..ii ........... ......... ........ ~ None. . b..... i 0 City Administrator Ms. Moore-Sykes City Attorney, Mr. Jim Hoeft City Engineer, Mr. Tom Peterson ABSENT: STAFF: I. CALL TO ORDER Mayor Sweeney called the May 28, 2003, City Council meeting to order at 6:35 p.m. II. SET AGENDA Mayor Sweeney requested that acceptance of the fire department gambling funds in the amount of $12,500 and donation of those funds to the fire department for building the storage garage at public works be added to the consent agenda. Council Member Capra requested that an update on the Moreland property be added under updates. Ms. Moore-Sykes requested that Northland Securities and Carl Buechler be added under appearances. Motion bv Council Member Broussard Vickers seconded bv Council Member Capra to approve the a2enda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1. May 14. 2003 Council Meeting Minutes Centerville City Council May 28, 2003 Meeting Minutes Mayor Sweeney requested the following changes: On Page 5 of 10 last paragraph add "second addition" to clarify. On Page 6 of 10 second paragraph fix the sentence to indicate that this is how Ms. Moore-Sykes was told to submit it. On Page 9 of 10 indicated that Mayor Sweeney gave his opinion to Mady Reiter. Council Member Capra requested the following changes: On Page 8 of 10 under NPDES MS4 Permit, last sentence change storm water management to surface water management. On Page 9 of 10 change an issue to a concerns also indicate that the whole festival is shagadelic not just the parade and in the second sentence indicate that the City received not she. Third paragraph down from there add the word could. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to approve the Council Meetinl! Minutes of May 14.2003 as amended. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1. The City ofCenterville May 15, 2003 through May 28,2003 Claims for Approval 2. Centennial Fire District Claims 3. Resolution #03-031 - 1 st Violation Kelly's Komer Failed Compliance Check 4. Resolution #03-032 - 1 st Violation Waterworks Beach Club Failed Compliance Check 5. Acceptance of Fire Department Gambling Funds of$12,500 6. Donation of $12,500 to the Fire Department for Building of Storage Garage at Public Works Motion by Council Member Broussard Vickers. seconded by Council Member Lee to approve the Consent Al!enda as amended. All in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES 1. Fire Chief Milo Bennett - Chapter 1306 - Inclusion in Ordinance #76 Fire Chief Bennett indicated addressed Council and asked that Council include Chapter 1306 of the International Building Code when approving Ordinance #76. Ms. Moore-Sykes indicated the public hearing on Ordinance #76 is scheduled for June 3, 2003 and June 11,2003. VI. PUBLIC HEARING(S) 1. Ordinance #1 - Garbage Mayor Sweeney opened the public hearing at 7:00 p.m. Page 2 of9 Centerville City Council May 28, 2003 Meeting Minutes Council Member Broussard Vickers asked if the insurance amounts of $100,000 and $300,000 were the industry standard. Ms. Moore-Sykes indicated that those amounts are standard within the industry. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to close the public hearinl!:. All in favor. Motion carried unanimouslv. Mayor Sweeney closed the public hearing at 7:03 p.m. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to approve Ordinance #1. Council Member Broussard Vickers asked if the February 1959 date should remain in the Ordinance. Ms. Moore-Sykes indicated that date would remain and there would be a note indicating the revised date below it. VOTE: All in favor. Motion carried unanimouslv. 2. Ordinance #63 - Watering Mayor Sweeney opened the public hearing at 7:04 p.m. Council Member Lee asked how this would be enforced. Ms. Moore-Sykes indicated that the police department and public works would be enforcing the watering ordinance. Council Member Lee asked how this change was going to be advertised. Ms. Moore- Sykes indicated it would be published in the newspaper as well as put on the cable channel, the sign out in front of City Hall and the website. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to close the public hearinl!:. All in favor. Motion carried unanimouslv. City Attorney Hoeft indicated the police would be the best educators on the Ordinance and indicated that a warning would first be issued prior to issuance of a citation. Mayor Sweeney closed the public hearing at 7:07 p.m. Motion bv Council Member Lee. seconded bv Council Member Paar to approve Ordinance #63. All in favor. Motion carried unanimouslv. VII. NEW BUSINESS 1. Resolution #03-030 - Issuance and Sale of $740.000 General Obligation Temporary Improvement Bonds (peltier Preserve) Page 3 of9 CenterviIle City Council May 28, 2003 Meeting Minutes George Eilertson presented information to Council concerning the bond sale for the Peltier Preserve project. He then indicated that Council would need to execute a Financial Advisory Agreement as is done each time his firm assists the City with financing. Council Member Broussard Vickers expressed concern that the City would be holding bonds when the project has been finished. Mr. Eilertson explained that the proposal is for temporary bonds of three years with a call feature allowing for repayment in July of 2004 or any date thereafter. Council Member Capra indicated Council had discussed that the special assessments certified rate of 8% was high and should be changed. Mr. Eilertson indicated that 8% in this market is high and then said that a lot of times cities assess benefiting properties at one or two percent higher than the borrowing rate where others use a flat 7%. Council Member Broussard Vickers indicated that people have the option of other financing at lower rates and she would like to leave it where it is. Mr. Eilertson commented that leaving the interest rate at 8% encourages prepays. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to approve Resolution #03-030 as presented. All in favor. Motion carried unanimously. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to approve the Financial Services Advisory Ae:reement with Northland Securities based on the recommendation of the City Attornev. All in favor. Motion carried unanimously. 2. Resolution #03-033 Accepting Bids and Awarding the Peltier Preserve and Surrounding Benefiting Homes Determined bv Council Municipal Improvements Mr. Peterson indicated the bids were right around the estimate with Dave Perkins out of Ramsey being the low bid. He then indicated he had spoken to Mr. Perkins and his company is ready to start upon receiving approval. Motion bv Council Member Capra. seconded bv Council Member Lee to approve Resolution #03-033 as presented based on the recommendation of the City Ene:ineer. All in favor. Motion carried unanimously. Page 4 of9 Centerville City Council May 28, 2003 Meeting Minutes 3. Hayfield Road Block Party Council Member Broussard Vickers asked whether the police and fire department had given approval for the block party. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to approve the Havfield Road Resident Block Party on Saturday. June 7. 2003 from 4:30 to 8:30 and approve that the streets be blocked off with cones pendinl! receipt of fire and police department approval. All in favor. Motion carried unanimouslv. VIII. OLD BUSINESS 1. Mr. Lloyd Drilling Mr. Drilling addressed Council and indicated he had spoken to every land owner north to Moellner blacktopping to the creek and all landowners are in agreement and interested in rezoning to residential. Mayor Sweeney indicated the City would like something in writing. City Attorney Hoeft indicated the City would need representation from the other owners of their interest in rezoning and noted that as the process goes along there would be public hearings to hear comments and work out the details. He then indicated that all the landowners would need to sign off on an application for the rezone or one person with interest in the property such as a purchase agreement could sign off. Mr. Drilling indicated he would like to know whether Council is interested in this type of residential development in the area. Council Member Broussard Vickers indicated that her issue was the concern with spot zoning and she has no issue with proceeding with the rezoning request but is not prepared at this time to indicate whether the project would be approved. Council Member Paar asked how this would affect the Metropolitan Council's affordable housing requirements. Ms. Moore-Sykes indicated that the Metropolitan Council would approve because of the high density. 2. Tom Thumb Conditional Tobacco Retail License Ms. Moore-Sykes indicated that Tom Thumb had passed all the additional compliance checks and would like Council approval of a regular license through December 31, 2003. Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers to remove the conditions and reinstate the annual license for Tom Thumb to December 31. 2003. All in favor. Motion carried unanimouslv. Page 5 of9 Centerville City Council May 28, 2003 Meeting Minutes 3. Pavement Management Plan (Update) Mr. Peterson indicated that his firm is approximately half-way done with the pavement management plan and would have a recommendation for review soon. Council Member Capra indicated she would like to have a rough estimate draft for use during budgeting sessions by June 18,2003. Mayor Sweeney asked that water be included for those areas where there is not water and the streets need reconstruction. He also asked that a ballpark figure for the assessable amount be provided. 4. Municipal Water Management Plan (Update) Mr. Peterson indicated he hoped to have a more complete draft of the recommendation by the June 18, 2003 work session. Mr. Palzer indicated he received a letter on soil borings and would need approval for the Cedar Street site and public works. Council discussed the water tower sites and indicated that the only site to be considered at this time is the public works site. Motion by Council Member Broussard Vickers. seconded by Council Member Lee to approve soil testine for water tower placement on the public works site and to locate where the water tower will be and eet all three borines reauired. All in favor. Motion carried unanimously. Council Member Capra indicated that she felt the interconnect needs to stay. Mayor Sweeney indicated the interconnect would benefit both cities and no one is talking about removing it. Council Member Lee asked if there was a time frame for when ponds should be maintained as a part of the Water Management Plan. Ms. Moore-Sykes indicated that she and the City Clerk are working on that. Council Member Broussard Vickers indicated that cleaning out of ponds needs to be added to the capital improvement budget discussions. IX. ANNOUNCEMENTS/uPDATES 1. Legislative Update Page 6 of9 Centerville City Council May 28, 2003 Meeting Minutes Ms. Moore-Sykes indicated that the legislature was still in special session trying to hammer out details of the health and human services bill. Mayor Sweeney commented that they are not taking as much LGA as initially planned. Ms. Moore-Sykes indicated that was correct but said she had not yet seen the figures. She then offered to provide that information when it is received. City Attorney Hoeft indicated the state is allowing cities to recoup 60% of lost LGA that will fall outside of levy limits meaning the City could increase its levy by 60% of what is lost as a way of letting cities wean themselves off of LGA. 2. Capital Proiects City Attorney Hoeft indicated he is waiting to hear from Mr. Travis on the settlement agreement but is not anticipating any problems. He then indicated the others are moving forward and he feels he and Mr. Peterson can come to agreement with Mr. Buechler. Ms. Moore-Sykes indicated that she received a new proposal from Mr. Buechler to pave Mound Trail. Mr. Palzer indicated Mr. Buechler could utilize Ag lime from the track field over at White Bear Lake otherwise he is looking at a 5% increase in the costs. Ms. Moore-Sykes indicated that Mr. Buechler would needs an overweight permit to do this project. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to approve the work and the bid based on the ne!!otiations with the City Attornev and Mr. Buechler on the other outstandin!! issues. Council asked whether Mr. Buechler would be willing to bond for the road. VOTE: All in favor. Motion carried unanimouslv. Council discussed with Staff the existing road and the pros and cons of allowing the over weight permit. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to approve the 9-ton permit based on the en!!ineer's recommendation with Mr. Buechler responsible for road dama!!e should it occur and contin!!ent upon the other issues bein!! resolved and the road bein!! completed this vear. All in favor. Motion carried unanimouslv. 3. Fete des Lacs (Update) Council discussed the festival and indicated that plans are underway. Page 7 of9 Centerville City Council May 28, 2003 Meeting Minutes 4. Moreland Property (Update) Ms. Moore-Sykes indicated she has not seen any activity at the property. City Attorney Hoeft indicated the clean up of the inside of the house does not have a time frame because there is no public health issue because no one lives there. Council Member Capra indicated the neighbors were getting frustrated because it is not getting done. Mr. Palzer indicated the exterior is getting to the point where it needs some maintenance. City Attorney Hoeft indicated the exterior issues need to be addressed and the City can go in and cut the grass ifthat is what needs to be done. Council Member Capra indicated the neighbors saw Mrs. Moreland wandering around the property and asked whether she is allowed to be in the structure. City Attorney Hoeft indicated she could go there but she cannot live there. Council Member Capra indicated the Cable Commission approved the $2,000,000 bond to build a new building and hired an architect consultant. Mayor Sweeney indicated the first police consolidation meeting was held and the next one is May 29, 2003 and then the next Friday. Ms. Moore-Sykes indicated she met with other administrators to discuss the issues raised out of the first meeting and will be prepared to present information at the next meeting in Circle Pines. Ms. Moore-Sykes indicated the City will receive a check from the League of Minnesota Cities for a refund on workers compensation insurance in the amount of$2,018.00. Mayor Sweeney asked whether the City was in compliance on salary for all employees. Ms. Moore-Sykes indicated that department was going through a shakeup with the reconsolidation and she is not sure when the information on whether the City is in compliance will be available. Mayor Sweeney asked if Ms. Moore-Sykes was comfortable with the classifications. Ms. Moore-Sykes indicated she was in the process of updating job descriptions and would like to discuss that as well as COLA increases. She then indicated she had received a survey from the League of Minnesota Cities in conjunction with a group for public services employees and the average COLA increase is 3.25% with some going above 4%. Page 8 of9 Centervil1e City Council May 28, 2003 Meeting Minutes Mayor Sweeney indicated the one percent above step increases was discussed when the state was talking about freezing wages so that the office personnel received an increase of 5% to keep them more in line with the additional 3% COLA that the union employees receIve. Council decided to hold the wage discussion for a work session. Council Member Paar indicated there was no EDC meeting because of the Business Appreciation Dinner. IX. ADJOURNMENT Motion by Council Member Broussard Vickers. seconded by Council Member Capra to adiourn the May 28. 2003 City Council Meetine: at 8:05 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 9 of9 CITY OF CENTERVlLLE CITY WORKSESSION MEETING May 28, 2003 6:00 p.m. Unapproved I. CALL TO ORDER Mayor Sweeney called the Council Worksession to order at 6:00 p.m. Present at the meeting were Councilmembers Broussard Vickers, Capra, Lee and Paar; City Administrator Kim Moore-Sykes, Public Works Director Paul Palzer and Finance Director Ellen Paulseth. II. DISCUSSION ITEMS The Finance Director presented copies of the Capitol Improvement Plan (CIP) as compiled by the former City Administrator, Jim March. She reported that Staffis looking for Council's direction with regard to various projects as listed in this CIP. Water Tower. Council agreed that the water tower project needs to move forward based on an agreement that the City has with the City of Lino Lakes. The Public Works Director advised Council that the City Engineer is in the process of getting soil borings from the Public Works site and Cedar Park to determine which site would be more suitable for the construction of the new water tower. Mr. Palzer indicated that Anoka County owns Cedar Park and that if that site is of interest to the City, Staff could contact the County about purchasing the site; he indicated that it may cost the City up to $30,000. St. Paul Water Utility Property. Council asked for a status in the sale of St. Paul Water Utility property. Staff reported that the sale may not happen until 2005. Council asked the City Administrator to call the Utility to see if they have secured appraisals for this property. Park Plan. Councilmember Lee advised the Council that he will bring the Park Plan issue forward to the Park and Rec Commission at their meeting on June 4th. Council also advised Staff that the Park Plan as presented by Wayne LeBlanc has not been approved by Council and therefore is not the City's plan. Council continued to review the CIP project list. They discussed priority projects such as streets, storm water drainage, and other water related issues. The Council reviewed Staffs proposed CIP for budget year 2004. Staff will present the Capitol Improvement Plan 2004 budget to the Park and Rec Commission for their consideration and comment. A 2004 budget worksession was scheduled for June 18,2003 at 6:30 p.m. at City Hall. III. ADJOURNMENT The Council Worksession was adjourned at 6:35 p.m. Respectfully submitted by: Kim Moore-Sykes, City Administrator CITY OF CENTERVILLE CITY COUNCIL MEETING JUNE 11, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on June 11, 2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney & Council Member Paar Council Member Lee . 'fP'"J ....0 ...... Council Member Capra .. to' None. fj. 0 City Administrator, Ms. Moore-Sykes City Attorney, Mr. Jim Hoeft City Engineer, Mr. Tom Peterson ABSENT: STAFF: I. CALL TO ORDER Mayor Sweeney called the June 11,2003, City Council meeting to order at 6:37 p.m. II. SET AGENDA Council Member Capra requested that Lloyd Drilling's Uptown Center property be added under New Business. Motion by Council Member Broussard Vickers seconded by Council Member Paar to approve the aeenda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1. April 9. 2003 Executive Session Meeting Minutes 2. Mav 28.2003 Work Session Meeting Minutes 3. May 28. 2003 Council Meeting Minutes Mayor Sweeney requested the following changes to the Council Minutes of May 28, 2003: On Page 2 of 9 under Consent Agenda number 6 remove gambling funds. On Page 6 of 9 remove 18th. On Page 8 of 9, third paragraph from bottom change "as" to "a". Centerville City Council June 11, 2003 Meeting Minutes Motion bv Council Member Capra. seconded bv Council Member Lee to approve the April 9. 2003 Executive Session Meetine: Minutes. Mav 28. 2002 Work Session Meetinl! Minutes and the Mav 28. 2003 Council Meetinl! Minutes as amended. All in favor. Motion carried unanimouslv. IV. CONSENT AGENDA 1. The City ofCenterville May 29,2003 through June 11,2003 Claims for Approval 2. Centennial Fire District Claims Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to approve the Consent Al!enda as presented. All in favor. Motion carried unanimously. V. A W ARDS/PRESENTA TIONS/APPEARANCES 1. Lions Ms. Kathy Peil appeared before Council and indicated that the City should have on file proof of valid insurance that expires on July 1, 2003. She then indicated that they have yet to fill out the alcohol permits but will do that soon. She also indicated that she has their non-profit tax number but not a copy of the non-profit charter and asked for a copy of the resolution approved by the City for the bingo permits to be presented to the gambling control board before they can get a license for that. Ms. Peil also asked that the fees for permits be waived this year as in years past. Council Member Capra expressed concern of the use of the City's logo on a mailer that was sent by the Lions as a solicitation to local businesses for donations and sponsorship ofthe festival because the City is not allowed to solicit for donations. City Attorney Hoeft indicated that the City logo on the documents does not represent that the City is soliciting for donations and he has no concern with it. He further commented that, if Council is uncomfortable with it, then Council should ask them not to use the City's logo but there is no issue with doing so. Mayor Sweeney indicated it is a festival for the City and he has no issue with it. Council Member Broussard Vickers indicated she had no issue with it, as this was not an individual using the City logo it is the group that is sponsoring the City festival. VI. PUBLIC HEARING(S) 1. Mr. Rick Carlson Request for Rezone from R-I to R-2 (PUD). Lot Combination. Preliminary Plat & Comprehensive Plan Amendment Advancing MUSA Page 2 of 12 CentervilJe City Council June 11, 2003 Meeting Minutes Mayor Sweeney opened the public hearing at 6:48 p.m. Ms. Moore-Sykes indicated that this public hearing was for the MUSA as the re-zone hearing was continued to June 25, 2003. Council Member Capra indicated that she is opposed to the advancement of the 2011 property and would be voting against it if the 2006 and 2011 are combined. Council Member Paar indicated that he would not be able to attend the June 25, 2003 meeting. Mr. Carlson asked whether it would be possible to vote on the Comprehensive Plan Amendment with approval contingent upon approval by the Metropolitan Council. He then indicated he would like to discuss the preliminary plat for a few minutes. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to approve the Comprehensive Plan Amendment contin!!:ent upon Metropolitan Council Approval. Council Member Capra indicated her reasoning for not approving is he did not ask for it at the time it was offered and with all the taxes and freezes there is a need for additional Staff time to care for all of these homes and the roads and that has to be funded by the City somehow. VOTE: Aves - 4. Navs -l(Capra). Motion carried. Mr. Carlson confirmed with Council their previously discussed changes to the preliminary plat including the continuance of a concrete sidewalk, bringing lot lines through the pond, adding an additional lot south of Wilharbers, and continuance of the trail onto the St. Paul Water Utility's property. He then asked if there was anything else and confirmed that this approval would allow him to grade the entire development with security provided to the City to ensure adequate erosion control measures are taken. Mr. Carlson asked whether the City would consider allowing the City Engineer to proceed with the feasibility study as his recommendation is important to the preliminary plat process. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to authorize the City En!!:ineer to move forward with the feasibility study for Phase I Preliminary Plat for Hunter's Crossin!!: Second Addition with the contin!!:encv that the developer place in escrow with the City funds for the study. All in favor. Motion carried unanimouslv. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to continue the public hearin!!: to June 25. 2003. All in favor. Motion carried unanimouslv. Page 3 of 12 Centerville City Council June 1 ], 2003 Meeting Minutes 2. Ordinance #31 - Providing for Licensing and Bonding of Individuals, Firms. Corporations, Contractors and Subcontractors Mayor Sweeney opened the public hearing at 7: 10 p.m. Ms. Moore-Sykes indicated the Planning Commission reviewed this Ordinance and recommended repealing it. The Ordinance was brought back to them for reconsideration and the recommendation is still to repeal it with a direction to Staff to obtain the Minnesota license numbers and place them on the building permits. Council Member Broussard Vickers indicated the State of Minnesota provides an adequate procedure for licensing contractors and she does not feel it is necessary for the City to spend Staff time licensing them if they are already licensed with the state. Mayor Sweeney indicated he brought this up to Staff because he feels that Staff issuing building permits without having proof of Minnesota licensure opens the City up to liability. Council Member Lee indicated the license number on the application would solve the problem. Mayor Sweeney indicated he does not feel the City should issue a building permit unless there is proof of a license or it is for the homeowner. Ms. Paul seth indicated the Department of Commerce requires it. There was consent not to issue a permit until there is proof of a Minnesota Contractor's License number issued by the State of Minnesota. Mayor Sweeney indicated the licenses expire on March 31, of every year and there has to be continuing education to have that license renewed. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to close the public hearin2. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 7:19 p.m. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to reDeal Ordinance #31. All in favor. Motion carried unanimously. 3. Ordinance #49 - Noise Mayor Sweeney opened the public hearing at 7:20 p.m. Page 4 of 12 Centervi1le City Council June II, 2003 Meeting Minutes Ms. Moore-Sykes indicated that the Public Works Director had requested an exception for emergency work be included in the Ordinance and Staff added that language. Council Member Capra indicated that she did not have a clear idea of what types of noises equated to what decibel level. She then commented that she spoke to one police officer that did not even know the police department had a decibel meter. Council Member Broussard Vickers indicated that a whisper is approximately 40 decibels and the Planning Commission discussed taking readings around town for comparison. Council Member Lee indicated the decibel reading would need to be at a certain distance from the object making the noise. Ms. Moore-Sykes indicated the Ordinance as written requires a reading at 50 feet from the building if inside and 150 feet if outside. She also indicated that the decibel levels included in the Ordinance are from the City of Lexington and the Minnesota Pollution Control Agency. Council Member Broussard Vickers indicated that one of the Planning Commissioners felt that outside noise should not be allowed to travel farther than inside noise. She also commented that there is language in the Ordinance that is very vague and subjective and she would like to work on that. City Attorney Hoeft indicated that he is only concerned with the decibel readings because that is what he takes to court to enforce the Ordinance. City Attorney Hoeft suggested that Council have some type of demonstration on the decibels of various items to determine what types of levels would be acceptable for the Ordinance. Ms. Moore-Sykes indicated that Mr. Hanson has a decibel meter available and she will ask him to bring the meter to Council for a demonstration. Council Member Lee indicated he could get one from work. City Attorney Hoeft volunteered to review the language and reduce the wording in the Ordinance. Council Member Broussard Vickers asked whether it pays to spend time on the Ordinance knowing that if the City goes with the quad city police department all ordinances need to be common. Mayor Sweeney indicated he would like to make sure the City has the best possible noise Ordinance and present it to the other cities as a model. Page 5 of 12 Centerville City Council June 11,2003 Meeting Minutes Council Member Broussard Vickers asked for input from the police department and asked for decibel examples from another city from the City Attorney. Council Member Capra asked whether the police could check to see if the band this weekend is too loud. Mayor Sweeney stated that he was aware that Kelly's has been much more cognizant of the issues surrounding the noise from the bands that play at the establishment and the levels emitted. Council Member Broussard Vickers indicated that she believes they have made some efforts with the bands. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to continue the public hearinl! to the first meetinl! in Julv. All in favor. Motion carried unanimouslv. 4. Ordinance #76 - Adopting the Minnesota State Building Code Mayor Sweeney opened the public hearing at 7:37 p.m. Ms. Moore-Sykes indicated that this is a housekeeping item before Council adopting the new State Building Code. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to close the public hearinl!. All in favor. Motion carried unanimouslv. Mayor Sweeney closed the public hearing at 7:38 p.m. Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers to adopt Ordinance #76 as presented. All in favor. Motion carried unanimously. VII. NEW BUSINESS 1. Resolution #03-034 - Fee Schedule Ms. Moore-Sykes indicated that some items needed to be changed on the fee schedule including amendments to the fees paid by residents on Brian Drive. The other change was a site plan review fee of$75. Council Member Broussard Vickers indicated the fee should be higher to cover the costs. Ms. Moore-Sykes indicated the fee is for a simple review and a bigger development would have more fees for City Attorney and Engineer time. Council Member Lee asked why it was not part of the building permit fee. Page 6 of 12 Centerville City Council June 11, 2003 Meeting Minutes Mayor Sweeney indicated he did not think residents should be charged $75 for a simple site plan review. Council agreed to eliminate the $75 fee. Ms. Moore-Sykes indicated the Comprehensive Plan Amendment fee of $3,150 was added to the fee schedule. Council Member Capra indicated that the Comprehensive Plan would need to be amended in a few years as it is done every 10 years. Council agreed to list on the fee schedule that all current fees are to be paid by the applicant. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to amend the fee schedule with the recommendations from Staff on Brian Drive and Mill Road. eliminatin!! the site plan char!!e and addin!! that all current costs associated with a Comprehensive Plan Amendment be paid bv the applicant. All in favor. Motion carried unanimouslv. 2. Parks and Recreation Committee Recommendations Council Member Lee indicated the Parks and Recreation Committee would like to pave the parking lot at LaMotte Park in August in conjunction with repairs on Heritage and LaMotte. Council asked for an estimate on repairs to Heritage and LaMotte. Mr. Peterson estimated the costs to be approximately $400,000 including water. Council discussed paving the parking lot and reconstructing the streets and determined that they would like numbers for a three-year patch and complete reconstruction including water for consideration. Motion bv Council Member Capra. seconded bv Council Member Lee to approve the recommendation of the Parks and Recreation Committee to pave the parkin!! lot at LaMotte Park at the time of the reconstruction or patchin!! of Herita!!e and LaMotte. All in favor. Motion carried unanimouslv. Council Member Lee indicated that the Committee would like to re-roof the warming house. Council indicated that they had no issue with re-roofing the warming house but had asked for information on the footings before making any decisions. They also noted that monies were approved for excavating the footings. Page 7 of 12 Centerville City Council June II, 2003 Meeting Minutes Council Member Lee indicated that the Committee had recommended appointment of Mr. Richard Anderson and Ms. Julie Lindsay to the Parks and Recreation Committee. Motion by Council Member Capra. seconded bv Council Member Broussard Vickers to appoint Mr. Richard Anderson and Ms. Julie Lindsay to the Parks and Recreation Committee. All in favor. Motion carried unanimously. Council Member Lee indicated that Mr. Walter has not attended at least three meetings in a row and Mr. LeBlanc is contacting him to see ifhe wants to continue to serve. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to remove Mr. Walter from the Parks and Recreation Committee based on the by- laws of the Committee. All in favor. Motion carried unanimously. Council Member Capra asked Staff to verify that Mr. Walter has missed the three meetings and send him a letter indicating that he has been removed. Council Member Lee indicated that Karla DeVine resigned as chair after serving on the Parks and Recreation Committee for at least five years and the Committee would like to recognize her by giving her a plaque. Motion by Council Member Capra. seconded by Council Member Lee to approve the recommendation of the Parks and Recreation Committee to purchase a plaaue in an amount not to exceed $50. Council Member Broussard Vickers indicated that she would personally prefer a gift certificate rather than a plaque. VOTE: Ayes - 3. Nays - 2 (SweenevIBroussard Vickers). Motion carried. 3. Llovd Drilling Uptown Center Council Member Capra indicated that a resident had mentioned to her that the landscaping at the Uptown Center looked bad and she had asked Staff to pull the developer's agreement to detennine whether things were done as they were supposed to be. Ms. Moore-Sykes indicated that the landscaping plan requires that the area be sodded or seeded by June 1, 2002 and that was done. She then indicated that Mr. Drilling had someone lined up to mow the area yesterday but it was too wet so he will attempt to mow either this afternoon or tomorrow. Council Member Capra indicated the comments she received are that the area does not look good, there is no grass - just weeds and this person would like to know if there is anything the City can do. Page 8 of12 Centerville City Council June II, 2003 Meeting Minutes Ms. Moore-Sykes asked to have the complaint officially submitted to the City. VIII. OLD BUSINESS 1. Mr. Carl Buechler Mound Trail Reconstruction Mr. Carl Buechler indicated that he has an issue with what has been billed to him not with paying half. He then handed out information to Council for consideration. City Attorney Hoeft: indicated that the matter could not be discussed because it is active litigation. Mr. Buechler indicated he was open to half of it but some of the stuff is not his bills. He then indicated he would write a check tonight if an agreement could be reached. Motion by Council Member Broussard Vickers. seconded by Council Member Lee to accept the recommendation of the City Attorney for a settlement of the Buechler Iitil!ation in the amount of $1.200. Mr. Buechler indicated he has copies of bills from the County for the sewer line going in and if he can back out the stuff that does not make any sense he is willing to pay the bill that he owes. VOTE: All in favor. Motion carried unanimouslv. City Attorney Hoeft indicated that a motion was passed by Council and if Mr. Buechler wants to pay the $1,200 to settle the litigation then he can move forward with the reconstruction of the road beyond Mound Trail to his development. He then indicated that Mr. Larson should present a proposal to the City for paving the rest of the street down through the cul-de-sac. He further commented that Mr. Buechler could proceed with the reconstruction contiguous to his development as soon as the $1,200 is paid. Council Member Broussard Vickers asked how soon Mr. Larson would be available. Mr. Buechler indicated that that Mr. Larson is available the first week of July. Council Member Capra indicated that Council is interested in paving the rest of the road but would like to see the numbers. 2. Administrative/Public Works - Office Cleaning Proposals Council Member Paar asked whether the comparisons were comparable. Motion by Council Member Capra. seconded by Council Member Lee to approve the service contract with Coveralls for $200 per month to clean City Hall and the Public Works Buildinl!. All in favor. Motion carried unanimously. Page 9 of 12 Centerville City Council June 11, 2003 Meeting Minutes 3. Pavement Management Plan Update Mr. Peterson indicated that the Pavement Management Plan is moving along and he expects a draft to be available for the June 18, 2003 meeting. He then estimated that reconstructing all streets within the City would cost approximately $4,000,000 with the water portion adding at least another $1,000,000. 4. Municipal Water Management Plan Update Mr. Peterson indicated that the soil borings would cost approximately $4,500. Mr. Peterson indicated the water tower report should be available by the end of July. IX. ANNOUNCEMENTS/uPDATES 1. Legislative Update Session has ended. 2. Capital Proiects This item was discussed during an executive session. 3. Fete des Lacs (Update) Ms. Moore-Sykes indicated that she received an invoice from Mr. Thill regarding the parade stakes and he got them done for $260 rather than $600 and would like to know how the City would like to handle the money remaining. Motion bv Council Member Lee. seconded bv Council Member Capra to authorize the use of the remainim! funds for this year's festival. All in favor. Motion carried unanimouslv. 4. Police Commission (Update) Mayor Sweeney indicated the police commission meeting was cancelled. Ms. Moore-Sykes asked if Council wanted to act on the letter of interest received. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to appoint Mr. Don Anderson to the Centennial Lakes Police Department Commission. All in favor. Motion carried unanimouslv. Council Member Capra indicated that the meeting for June 18, 2003 had been changed due to lack of a quorum to June 25, 2003 and that is the regular Council meeting. Page 10 of 12 Centerville City Council June \I, 2003 Meeting Minutes Council Member Capra indicated that she is looking for volunteers to serve on the Lifetime Achievement Committee and said they could vote by ballot if necessary. Mayor Sweeney indicated he would make himself available to vote by letter or proxy. Council Member Lee volunteered for the Committee. Ms. Moore-Sykes indicated that the City lost $109,000 in LGA this year. Mayor Sweeney indicated that cities larger than this gained as not every City lost LGA and homestead credit. Ms. Moore-Sykes estimated that the City lost as much as $169,000 when all is taken into account. Mayor Sweeney commented that the money budgeted for road repair has been taken by the changes to LGA and the homestead credit. Mayor Sweeney commented that he does not feel that it is fair that a City the size of Centerville lost money while other larger cities gained as he was under the impression that everybody would lose money. Council Member Capra indicated that she spoke to Mr. Wilharber about this and he said it goes way back because this City was responsible and never asked for LGA monies so has never gotten very much in LGA but tried to live within its means. Mayor Sweeney commented that those cities that were responsible and did not take a lot of state money suffered the most. Council Member Paar indicated he did not agree with how the state made the cuts and further commented that it was out-of-control state spending that caused the problem not city spending. Council Member Paar indicated that he would not be at the June 25, 2003 meeting. Council Member Paar indicated the EDC met and would like to thank Council for attending the Business Appreciation Dinner. He also indicated that the EDC would like to receive any available information from Staff on new business activity within the City. Council Member Paar indicated that the EDC would like to have a City informational booth at the Fete des Lacs Festival and is seeking approval from Council to sell City merchandise and have historical information available. Council agreed to the City booth at the Festival provided that the EDC staffs it with volunteers. Page 11 of 12 Centerville City Council June 11, 2003 Meeting Minutes Council Member Capra indicated that she is volunteering with the parade but would make herself available to staff the booth for a couple of hours to share historical information on the City. Council Member Paar asked whether the City would have an issue with the EDC selling City merchandise. Council Member Capra indicated that the funds go into an enterprise account for the EDC. IX. ADJOURNMENT Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers to adiourn the June 11. 2003 City Council Meetinl!: at 8:43 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 12 of12 CITY OF CENTERVILLE CITY COUNCIL MEETING JUNE 25, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on June 25, 2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney ~ Council Member Tom Lee 'rDJ 19J Council Member Mary Capra ~ ABSENT: CouncIl Member JeffPaar STAFF: City Administrator, Ms. Moore-Sykes City Attorney, Mr. Jim Hoeft City Engineer, Mr. Tom Peterson I. CALL TO ORDER Mayor Sweeney called the June 25, 2003, City Council meeting to order at 6:30 p.m. II. SET AGENDA Mayor Sweeney requested that the Consent Agenda and Minute approval be moved to the end of the agenda. He also requested that the Centerville Road sidewalk issue and Northland Securities be added to the agenda. Ms. Moore-Sykes requested that Resolution 03-039 concerning Hunters Crossing 429 process be added to the agenda for approval. Ms. Moore-Sykes requested that the requests from the Centerville Lions concerning the Fete des Lacs Festival be added to the agenda. Ms. Moore-Sykes requested that the block party permit be added as number 7 under New Business. Motion bv Council Member Lee seconded bv Council Member Capra to approve the al!enda as amended. All in favor. Motion carried unanimouslv. City of Centerville June 25, 2003 Council Meeting Minutes III. APPROVAL OF COUNCIL MINUTES 1. June 11. 2003 Executive Session Meeting Minutes Motion bv Council Member CaDra. seconded bv Council Member Broussard Vickers to aDDrove the June 11. 2003 Executive Session minutes as Dresented. All in favor. Motion carried unanimouslv. 2. June 11. 2003 Council Meeting Minutes Mayor Sweeney requested the following change: On Page 4 of 12 insert the word Minnesota to clarify that it is a Minnesota Contractor License Number. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to aDDrove the June 11. 2003 Council Meetinl! Minutes as Amended. All in favor. Motion carried unanimouslv. IV. CONSENT AGENDA 1. The City ofCenterville June 12,2003 through June 25, 2003 Claims for Approval 2. Centennial Fire District Claims 3. Resolution #03-035 Participation in a Hazard Mitigation Planning Process with Anoka County Council Member Lee requested that Item 3 be removed for discussion. Motion bv Council Member CaDra. seconded bv Council Member Lee to aDDrove Consent Al!enda Items 1 and 2 as Dresented. All in favor. Motion carried unanimouslv. Ms. Moore-Sykes explained that the Hazard Mitigation Planning Process Resolution had been brought forward by Fire Chief Bennett and would allow the City to participate in Hazmat at the County level. Motion bv Council Member CaDra. seconded bv Council Member Lee to approve Resolution #03-035. a Resolution of Participation in a Hazard Mitil!ation Planninl! Process with Anoka County. All in favor. Motion carried unanimouslv. V. AWARDSIPRESENTATIONS/APPEARANCES 1. Northland Securities Mr. Eilertson reviewed the bond sale results for Council indicating that Northland Securities was the low bidder. He then explained that Northland Securities was required to submit a bid 15 minutes before the sale in order to avoid any impropriety. Page 2 of 12 City of Centerville June 25, 2003 Council Meeting Minutes Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to approve Resolution #03-040 as presented. All in favor. Motion carried unanimouslv. Patricia Turgeon, 7269 Centerville Road, indicated that her neighbors brought to her attention a proposed sidewalk along with the water assessment. Mr. Peterson indicated the sidewalk was added during the design of the overall project to determine what the costs for extending the sidewalk would be. He then indicated that the estimated cost to each resident for the sidewalk extension would be $2,800.00. Council Member Broussard Vickers indicated that the sidewalk has not been approved at this point as Council wanted information on the costs associated with it. Mr. Peterson indicated the City had not done this before as usually sidewalks are added with developments. Council Member Capra asked why the bid was for concrete rather than bituminous. Mr. Peterson indicated that the contractor bid the concrete a lot less than the bituminous. He then indicated that a few trees and landscaping would need to be dealt with along with excavating 8 or 9 inches of material. Council Member Broussard Vickers questioned whether there was a need for the sidewalk. Council Member Capra suggested using park dedication fees to extend the sidewalk as it is an extension of existing trailways. Council Member Broussard Vickers indicated she did not feel it was necessary to spend that amount of money for the small gain. Council Member Capra indicated she would like to use money out of park dedication fees to make the connection. Mr. Peterson indicated there would still be a gap from Centerville Road to Peltier Circle. Council Member Capra asked when that road was scheduled for reconstruction. Mr. Peterson indicated it was set for five years. Mr. Peterson indicated there is a lot of water in the comer requiring drain tiling. He then commented that a resident in that location is having issues with his concrete driveway heaving. Mayor Sweeney indicated it did not make sense to install the sidewalk until there are storm sewers in the area. There was consent of Council to wait on the sidewalk until reconstruction of that road. Page 3 of 12 City of Centerville June 25, 2003 Council Meeting Minutes Ms. Turgeon indicated that residents do not need or want water but understand why it is necessary. She then conunented that the residents do not see the need for the sidewalk and noted the assessment amount is a lot of money for working class families. Mr. Don Simonson, 7362 CentervilIe Road, indicated there is a lot of water not only on the comer but the entire east side of CentervilIe Road. VI. PUBLIC HEARING(S) 1. Mr. Rick Carlson Request for Rezone from R-l to R-2 PUD. Lot Combination. Preliminary Plat & Comprehensive Plan Amendment Advancing MUSA Mayor Sweeney opened the public hearing at 7:08 p.m. Motion by Council Member Lee. seconded by Council Member Capra to approve Resolution #03-039 as presented. All in favor. Motion carried unanimously. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to close the public heario!!. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 7:13 p.m. Motion by Council Member Broussard Vickers. seconded by Council Member Lee to approve the rezone from R-l to R-2 pun for Hunter's Crossin!! 2nd Addition Phase 1 and II. All in favor. Motion carried unanimously. Motion bv Council Member Capra. seconded by Council Member Broussard Vickers to approve the lot combination. All in favor. Motion carried unanimouslv. Motion by Council Member Lee. seconded bv Council Member Broussard Vickers to approve the preliminary plat for Hunter's Crossin!! 2nd Addition. Phase I. All in favor. Motion carried unanimously. Mr. Carlson asked if the approval granted would allow for grading in Phase II as well. City Attorney Hoeft indicated that a grading permit could be issued. Mr. Peterson indicated he had started the feasibility study and would have a draft available soon. 2. Mr. Llovd Drilling Request to Rezone from B-1 to R-2 (6939 - 20th Avenue) Mayor Sweeney reopened the public hearing at 7: 17 p.m. Mr. Drilling indicated that he is continually talking to people and working on the paperwork but is not ready for the public hearing on the rezone at this time. Page 4 of 12 City ofCenterville June 25, 2003 Council Meeting Minutes Motion bv Council Member Lee. seconded bv Council Member Capra to close the public heann!!. All in favor. Motion carried unanimouslv. Mayor Sweeney closed the public hearing at 7:18 p.m. Ms. Patricia Lessard indicated that they had not received notice due to an issue with their address. Ms. Moore-Sykes indicated that the City uses a list from the County and there was an error for that address. City Attorney Hoeft recommended a motion to deny the rezoning request with regard to Parcel R23-31-22-41-0007 due to concerns about spot zoning and allow Mr. Drilling time to resubmit a rezone request with more property owners and other parcels. Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to deny the rezone request for Parcel R23-31-22-41-0007 as recommended bv the City Attornev. All in favor. Motion earned unanimouslv. Ms. Lessard addressed Council as power of attorney for Willie Lessard 6995 20th Avenue South. She then indicated that their main concern is with screening between the properties as well as the driveway access. They have three and are not willing to give one of those up. Council Member Capra asked if Ms. Lessard was in favor of keeping the property commercial. Ms. Lessard indicated that they would like the property to remain commercial while they own it but are not opposed to selling it to someone and them seeking a rezoning. She then said that she does not think that commercial and townhomes would be a good mix. She also commented that when they came to the City to ask for a rezoning of their property they were told it was commercial and were denied for townhomes. Council Member Capra indicated she was opposed as well as Council Member Paar who had said he was opposed to losing commercial property within the City but some Council Members were open to the rezoning. Ms. Lessard commented that there is not much commercial land within the City. VII. NEW BUSINESS 1. Develover's Agreement and Final Plat (Peltier Preserve) Ms. Moore-Sykes indicated this matter had been placed on the agenda by request of Mr. Gaugue but the City has not received the necessary documents from him. Page 5 of12 City of Centerville June 25, 2003 Council Meeting Minutes Council Member Lee asked whether the City has received the required fees. Ms. Paul seth indicated that the fees have not been received. Council agreed that nothing moves forward until the required fees are paid. City Attorney Hoeft indicated that the grading is not the critical point and said that he would think that the City would want him to finalize that and then prevent him from moving beyond that until the fees are paid. 2. Proposed Additional Language for Developer Agreements (Construction Noise) Council Member Broussard Vickers indicated that Council had discussed at a work session the likelihood of problems with developers prepaying on bond situations as the City is facing fairly significant shortfalls coming up. She then asked if the City could require the developers by development agreement to pay their fees for the prescribed length of the bond period and not allow early payoff or if the City can assess the cost of the interest on the bond to the developer so the City is not losing interest. City Attorney Hoeft indicated the first answer would be not but the issue of repayment and shortfalls can be worked in for payments with regard to the developers' agreements still giving the developer the opportunity to payoff early if desired but requiring the shortfall to be paid as well. Council Member Broussard Vickers asked if that could be done with the ones in place now. City Attorney Hoeft indicated the argument could be made but he is not sure how it would be interpreted by the court system. Council Member Broussard Vickers indicated that she is concerned with the existing agreements and she would like to see if the City could look into whether it is possible to collect from the developers the shortfalls. City Attorney Hoeft agreed to look into the matter and provide further information and discussion at the next meeting. 2. Proposed Additional Language Ms. Moore-Sykes indicated that Staff is seeking input from Council concerning whether language should be added to the developers' agreements to limit construction noise on weekends and holidays. Council agreed that the noise requirements should be listed in both the developer's agreements and the ordinance and to differentiate from contractor activity and homeowner activity. Page 6 of 12 City of Centerville June 25, 2003 Council Meeting Minutes 3. St. Genevieve's Request for Temporary Liquor License (Annual Chicken Dinner) Resolution #03-036 and n003-01 Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to approve St. Genevieve's request for a temporarv liquor license Resolution #03-036 and T2003-01 requiring that the Citv be named as an additional insured on the insurance policv and the hours be changed from 12:00 to 5:00 p.m. All in favor. Motion carried unanimouslv. 4. Mr. Paul Montain (Trio Inn) Request to Remain Open and Serve Liquor until 2:00 a.m. Council Member Capra asked whether the City has to approve the request to remain open until 2:00 a.m. City Attorney Hoeft indicated that the City can authorize the license holders within the City or a certain portion of the City to be able to stay open until 2:00 a.m. and then there are other requirements with the state that need to be met. He then indicated that the ordinance would need to be amended. Council Member Broussard Vickers asked whether the costs to amend the ordinance could be charged to the applicant. City Attorney Hoeft indicated those costs would be a general administrative cost for the City. Council Member Capra asked Staff to notifY the other liquor license holders. 5. Centerville Lions Council Member Capra asked that the Lions stop selling alcohol at 11 :30 p.m. Ms. Peil indicated that would not be an issue. Council Member Broussard Vickers asked that the City be named as an additional insured on the policy as there is a difference. Ms. Peil indicated that she thought the City was named as an additional insured but said she would verify and provide that information to the City. Mayor Sweeney indicated that his name should not be on the application and asked that it be changed to Ray DeVine. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to approve Resolution #03-037 authorizine: the Centerville Lions to receive a temporarv event liquor license on sale 3.2 with the change ofthe hours to 11:30 n.m. Page 7 of 12 City of Centerville June 25, 2003 Council Meeting Minutes on Saturday and with the condition that the City be named as an additional insured on the insurance certificate. Aves - 3. Navs - O. Abstain - l(Sweenev). Motion carried. Council Member Capra indicated she had read an email with concerns about the dance on Friday. Ms. Peil indicated there would be no beer sales under the tent for Friday night and said the wagon would be locked down. She also noted that anyone drinking in the park will have a wrist band. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to approve Resolution #03-038 approvin!! the Lions to conduct bin!!o on Au!!ust 1. and AUl!Ust 2 at LaMotte Park. Aves - 3. Navs - O. Abstain -l(Sweenev). Motion carried. 6. Block Party Ms. Moore-Sykes indicated she received a request for a block party at 7306 Old Mill Road and the request was to block several parking spaces along Old Mill Road in front of 7313 and 7319 for the party and mark them as no parking. Ms. Moore-Sykes indicated the police department reviewed the request but has said that if the no parking signs are not approved by Council they cannot enforce it. Kim Steffen indicated there is a graduation party a couple houses down and they want to make sure that there is space for the block party and that is why they have asked that no parking and cones be allowed from 3:00 to 6:00 p.m. Mayor Sweeney indicated that he had no issue with approving no parking in front of those two residences. Mr. Palzer indicated that he has no parking signs that could be used. Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to approve no parkin!! for 7313 and 7319 Old Mill Road from 2:30 to 6:30 as requested. All in favor. Motion carried unanimouslv. VIII. OLD BUSINESS 1. Laurie LaMotte Park Warming House Footings Mr. Palzer suggested looking at a design for the renovation before spending money investigating the footings. He then said that he did not feel that the building was set up to handle a second story. Page 8 of12 City of Centerville June 25, 2003 Council Meeting Minutes Council Member Capra indicated that she would like to see if public works would be willing to work with a contractor to come up with a design for an expansion. Mayor Sweeney asked what kind of use Council Member Capra was thinking of because right now it could be used for concessions and the warming house and he feels it may cost a lot more to remodel the existing building than to build a whole new structure. Council Member Capra indicated that she felt it was ridiculous to spend $30,000 to run sewer and would rather use the money for improving the structure. She then indicated she would like to see a window facing the skating rink so that the attendant can see out. Council Member Broussard Vickers indicated there is little use out of this building and both would be seasonal structures. Council Member Capra commented that the one in the middle of the field is only for summer where the one closer to the ice rink would be winter too. Council Member Lee indicated the only way to use the building is to make it bigger and add a gym and some type of community center. Mayor Sweeney indicated that nobody is looking at a multi-million dollar building but there is the potential for softball tournaments and a whole summers worth of little league games. The building is available for any organization's venture. Council Member Broussard Vickers indicated that she would not argue about how long it is used if it is being donated. She then said that she would like to get the roof done at this time. Mayor Sweeney indicated the Lions volunteered to donate labor and would accept a donation for doing it ifthe City saw fit to do so. Motion by Council Member Broussard Vickers. seconded by Council Member Lee to proceed with the reroofinl! of the warminl! house not to exceed $4.500 and to seek Lions labor if available. Ayes - 3. Nays - O. Abstain -l(Sweeney). Motion carried. 2. City Hall Securitv System Ms. Moore-Sykes indicated that Council had previously approved an amount for installing card key access for the front and back door. She then indicated that Staff is seeking approval to add the inside door to the offices as that should be locked and is not because every time someone stops by Staff has to stop what they are doing and let them in so it is easier to leave it open. Mr. Palzer indicated he would also like to include the chemical room. Page 9 of 12 City of Centerville June 25, 2003 Council Meeting Minutes Council Member Lee asked who has access to City Hall and does not have access to the inside offices. Ms. Moore-Sykes indicated that Council Members do not have access to the inside offices. She then indicated that the access card would also serve as an identification card and the computer would keep track of who is in what area when. Council Member Capra indicated an identification card would help if someone needs to get into the City during a disaster. Ms. Moore-Sykes indicated that public works Staff are in and out of people's homes and the idea of an identification card would be nice. She then indicated that Staff felt this would be a nice alternative to keeping the inside door locked. Mayor Sweeney indicated that this system would also allow the City to turn off someone's access in the event of a personnel issue and not have to worry about getting a key back. Council Member Broussard Vickers indicated she is not sure she wants to spend the additional money for three more doors. She then suggested that the door that is an issue be added. Mr. Palzer indicated that they could hook up a buzzer and install a switch that would allow the door to be open by buzzer. Council Member Capra indicated that when this was looked at previously it was more expensive and asked why this was less costly. Mr. Palzer indicated that the technology had gotten cheaper. IX. ANNOUNCEMENTSIUPDATES 1. Capital Proiects City Attorney Hoeft indicated he spoke with Mr. Travis two days ago and today received the signed settlement agreement that he will provide to the City for execution. Council Member Capra asked if Council has to state at a public meeting the terms of the settlement. City Attorney Hoeft indicated the settlement agreement itself, once executed would be a public document if anyone is interested. 2. Fete des Lacs (Update) The planning is moving along and the police have been brought on to provide security. Page 10 of 12 City of CenterviIle June 25, 2003 Council Meeting Minutes 3. Police Commission (Update) Mayor Sweeney indicated that the police commission meeting was scheduled for June 26, 2003 at 6:00 p.m. at Lexington City Hall. 4. Other Discussion Council Member Capra indicated she would like the City to consider purchasing a generator to be able to run the lift stations in the event of a power outage. She then commented that there was a power outage last night and two homes had sewage back up into them. Mr. Palzer indicated there was a tremendous amount of rain that caused flooding of basements and most of that water flowed into the sanitary sewer which should have been fine but the lift stations failed because of the power outage and the City had no stand by generator. Mr. Palzer indicated that the City borrowed Lino Lakes generator but by the time it was wired up sewage was backing up into homes. Council Member Capra indicated she would like Council to consider using money out of the sewer fund to purchase a portable generator and have the lift stations wired for use in this type of situation. Ms. Moore-Sykes indicated that she had attended the League of Minnesota Cities conference and found the topics to be timely and interesting. She then noted that Centerville was mentioned as a small city that took a major hit with state cuts and for being proactive in attempting to achieve collaboration agreements for police services with other cities. Mayor Sweeney asked for clarification on the letter about weeds. Ms. Moore-Sykes indicated she received an email yesterday and the property owner was contacted about the issue. She then indicated that Staff would keep the complaint in the working file and handle it according to procedure. Council discussed removing the "or seeded" part of the developers agreement for future developments. IX. ADJOURNMENT Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to adiourn the June 25. 2003 Citv Council Meetinl! at 8:18 p.m. All in favor. Motion carried unanimously. Page 11 of12 Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. City of Centerville June 25, 2003 Council Meeting Minutes Page 12 of 12 CITY OF CENTERVILLE CITY COUNCIL MEETING JULY 9, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on July 9,2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney @ Council Member Tom Lee Council Member Mari Capra . ..0.... ..0 COUll"! Memb", Unda Bro",_ Viokon; r? 0"10. . . \"fJ(jJ . ..<: Coun"! MembeddTP"" m r6) r6J u tJj) W None. ~LP Lr City Administrator, Ms. Moore-Sykes City Attorney, Mr. Jim Hoeft City Engineer, Mr. Tom Peterson ABSENT: STAFF: I. CALL TO ORDER Mayor Sweeney called the July 9, 2003, City Council meeting to order at 6:30 p.m. II. SET AGENDA Council Member Capra requested that the Wegman email be added under New Business. Council Member Paar indicated the Eagle Pass matter was not his issues and he would like his name removed from the agenda on that item. He then asked that pre-sod inspection be added under New Business. Council Member Paar asked that discussion concerning the hole in the road on Meadow Lane and Meadow Circle be added under New Business. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to approve the al!enda as amended. All in favor. Motion carried unanimouslv. III. APPROVAL OF COUNCIL MINUTES 1. June 25. 2003 Council Meeting Minutes Mayor Sweeney requested the following changes: On Page 2 of 12 delete extra line about the motion. On Page 9 of 12 insert "games" after little league, remove cub scouts and indicate that any organization can use the building for making money. On Page 11 of 12 add a "t" to even to make it event. City of Centerville July 9, 2003 Council Meeting Minutes Council Member Capra requested the following changes: On Page 3 of 12 correct the spelling of church to Turgeon through out the document. On Page 7 of 12 correct the spelling of Piehl. On Page 9 of 12 change water to sewer. Ms. Moore-Sykes requested the following change: On Page 9 of 12 change re-proofing to re-roofing. Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers to approve the June 25. 2003 Council Meetine Minutes as Amended. All in favor. Motion carried unanimouslv. IV. CONSENT AGENDA 1. The City ofCenterville June 26, 2003 through July 9, 2003 Claims for Approval 2. Centennial Fire District Claims 3. Parks and Recreation Committee Recommendations Motion bv Council Member Capra. seconded bv Council Member Paar to approve the Consent Aeenda as presented. AU in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES 1. Anoka County Mediation Ms. Buellin, Anoka County Mediation, addressed Council and provided an overview of their services. She then thanked the City for its continued support. Ms. Moore-Sykes indicated that Staff appreciates the ability to use the mediation service as it keeps them out of neighborhood disputes. Council Member Capra asked for information on the number of residents from Centerville using the service. VI. PUBLIC HEARING(S) 1. Ordinance #49 - Noise (Continued) Mayor Sweeney re-opened the public hearing at 6:45 p.m. City Attorney Hoeft indicated that he had reviewed the document and then went over his proposed changes with Council indicating that he intended to provide a draft to Council for review and consideration at the next meeting. Council discussed whether to place the M-l district into the same classification as Commercial and Industrial for the noise chart and agreed to include it in that district. Page 2 ofl 0 City of Centerville July 9, 2003 Council Meeting Minutes Council Member Broussard Vickers indicated that before making the final determination she would like to have a sampling of decibel levels for various noises. City Attorney Hoeft asked whether Council desired to have a timeframe in the Ordinance by which Council would act on a request for a special noise permit. After various discussions, the Council determined that it was not necessary to have the time limit in the Ordinance. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to continue the public hearine. All in favor. Motion carried unanimously. Mayor Sweeney continued the public hearing to the next Council meeting. VII. NEW BUSINESS 1. Sedona Homes Concept Plan Mr. Paul Kellier, Sedona Homes, addressed Council and reviewed the submitted concept plans. He explained how they proposed the development to look and noted that the one issue they see with the plan is the City's parking requirements. Council discussed the plans and asked that Staff determine if the parking requirements are actually 15 spaces as indicated the applicant. Mayor Sweeney expressed concern with the narrowness of the parking and driving lanes and suggested the Fire Chief review it to ensure ample room for emergency vehicle access. Council Member Broussard Vickers indicated that the City is considering placing a water tower on the public works site and asked whether that would adversely affect the development from Mr. Kellier's perspective. Mr. Kellier indicated that he did not feel that would be an issue and thanked Council for the information. 2. Mr. Dave Kilian - 1695 Sorel Street Construction of a Garage - 968 square feet Mr. Kilian addressed Council and indicated that he had changed the size of his proposed garage from 968 to 880 square feet. He then explained that the existing garage is ready to fall down and this new garage would improve the look of his property as well as provide him with the additional space he needs. Council Member Capra commented that the maximum allowed is 704 square feet. Mr. Kilian explained that staying within the 704 square foot requirement does not work for him because he would like to use the back half of the garage as a workshop and he needs enough space to be able to permanently set up his equipment such as a table saw. He then indicated that he had thought the maximum size allowance was going to be removed during the last revision to the Ordinance and a requirement to come before Planning and Zoning and Council for a development review added. Page 3 of 10 City of Centerville July 9, 2003 Council Meeting Minutes Council Member Broussard Vickers indicated that the Planning Commission discussed the numbers at length but did not discuss eliminating maximum size but did make a change to allow either residential use or commercial use requirements depending on how the mixed use property is being used. City Attorney Hoeft indicated that this discussion was out of procedure because Mr. Kilian applied for a variance in 1999 and, whether or not that was granted, denied or in limbo is in question but he did not build the garage and in 2000 the Ordinance was changed so he needs to fill out a variance application and come before Planning and Zoning on that application. He then said that, if Council feels it is appropriate and Staff can verify that the variance fee was paid the first time, the fee could be waived for the new application. Mr. Kilian indicated he had gone before the Planning Commission and the Commission made a motion to recommend to Council that he be allowed to build his garage and it passed unanimously. Council Member Capra indicated that the variance application from 1999 was not signed or dated. Mr. Kilian indicated he applied and was told that Ordinance #4 was going to be amended and that he needed to wait. Council discussed the garage and the commercial versus residential requirements and determined that Mr. Kilian would either need to meet the requirements of the Ordinance or apply for a variance. Council Member Broussard Vickers indicated that, based on the minutes from 1999, Mr. Kilian was granted a variance for a porch and not the garage. Council Member Capra indicated that the City Clerk was not able to find information on whether or not the fee for the variance was paid in 1999. Council Member Broussard Vickers indicated that Mr. Kilian knows the requirements for approval of a variance and indicated that she does not see how the situation meets those. She then cautioned him to consider that before applying for the variance because the fee is required whether or not the variance is approved. Mr. Kilian commented that, ifhe were to attach the garage, he could build a 1,500 square foot garage. Council indicated that Mr. Kilian was free to construct his garage in any manner that meets the Ordinance requirements. Council Member Broussard Vickers indicated that the size of the attached garage could not exceed the size of the principal structure. Page 4 of 10 City of Centerville July 9, 2003 Council Meeting Minutes Mr. Kilian commented that he would do the foundation this year and the garage next year. 3. Requests to Remain ()Pen and Serve Liquor until 2:00 a.m. Trio Inn. Kelly's Komer. Waterworks Beach Club City Attorney Hoeft indicated that the City's Ordinance will follow the state statute guidelines for the hours of operation of liquor establishments. He then indicated that if the City did not want its liquor license holders to stay open until 2:00 a.m. then the Ordinance would need to be amended. Otherwise, a motion to uphold the current ordinance requirements would suffice to allow them to serve until 2:00 a.m. Council Member Capra commented that Chief Heckmann had expressed a concern about the time involved in processing a DUI case and asked whether the City wished to increase the fees for the later closing time. Council Member Broussard Vickers indicated that she did not see how staying open one hour later was going to increase traffic violations. She then commented that it pushes the violations back one hour but should not increase them. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to abide bv the current Ordinance requirements that references state statute. All in favor. Motion carried unanimously. 4. Eagle Pass Issues/Concerns Ms. Moore-Sykes indicated she had received an email forwarded to her by Council Member Paar from Mr. Halstrom concerning issues with Eagle Pass. Council Member Capra indicated that she had received a call from Mr. Nohner, 1855 Pioneer Lane concerning drainage issues in Eagle Pass. Council discussed the drainage issue and asked Staff to determine whether the pin for the property line location can be located to determine whether the timbers and fill are located in the easement area or not. And, if so, direct a letter to the property owner asking that the items be removed from the easement area or the City will do so. Mr. Nohner indicated that the drainage has been an ongoing issue but he is more concerned with the fact that City Staff has not responded to his numerous requests for assistance and information concerning the grading and whether or not it was done to the required specification. He then said that if Swift is responsible then the City and the homeowners should not have to pay to solve the problem. Mr. Peterson indicated that the City had looked into the matter and the grade is at 1 % as required. Council Member Capra indicated that the determination was made in Mayor June and that it is a 1 % grade. She then said that there were some tall weeds back there that were Page 5 of 10 City of Centerville July 9, 2003 Council Meeting Minutes cut down to help with flow. She also indicated that Mr. Schluender, (Bonestroo, Rosene, Anderlik & Associates) will fax the information to City Hall and had recommended that the Single Townhomes of Eagle Pass Association discuss removing the trees and tall weeds that have grown up in the area to assist with flow. Mr. Jim Halstrom, Single Townhomes of Eagle Pass Association, addressed Council and indicated that a I % grade may not be sufficient and asked that Council consider that for future developments. Council agreed and indicated that Centerville's water table is very high and almost all properties have standing water at some point during rainy months. Mr. Halstrom asked that the City work with the Association to force the developer to comply with the requirements of the development agreement because there are items pending on the completed development as well as the development currently under construction. He then indicated that he has had some issues with obtaining responses from Staff on his questions and concerns and that is why he has brought this directly to Council. Council discussed the various issues concerning the development and asked that Mr. Halstrom send a detailed letter to the City outlining the issues with the development and asked that Staff provide a written Staff report addressing the issues for consideration at the next meeting. Ms. Paulseth indicated that if it is determined that there are things that need to be completed, there is a letter of credit that could be drawn upon. Mr. Halstrom asked that the $50,000 escrow money not be released by the City until the Association is satisfied that all the outstanding items are completed. Ms. Janice Hackman, Vice President of the Association indicated that she lives across the street from the current construction and can sit on her porch and watch the dirt flowing out of the construction site into the street and down the storm sewer because no silt fencing is in place. Council Member Paar indicated that he has had similar issues with water in his backyard because of the varying lot grades and his builder installed drain tiling in the back yard and it has helped a great deal. He then said that there is an expense involved but the expense has been worth it because the water flows now where it did not before. Council Member Paar indicated that the resident at 1771 Meadow Lane is having an issue with the new townhomes because the area around the townhome was graded and landscaping has begun but they stopped short and left an unkept area with weeds and a few trees that is causing water to pool in their rear yard killing the sod. Council directed Staff to send a letter to the developer indicating that the problem needs to be rectified as they are not allowed to cause water to flow onto adjoining properties. Page 6 of 10 City of Centerville July 9,2003 Council Meeting Minutes 5. Budget Meetings Council agreed to set budget meetings for July 30, August 6, and August 20, 2003 at 6:30 p.m. Council Member Capra asked Council Member Broussard Vickers to attend the Cable Committee meeting on July 16, 2003 if she is available. 6. Pre-Sod Inspection Council Member Paar indicated that he would like the City to institute a pre-sod inspection to help ensure that the grade stays consistent and improve drainage. He then indicated that the grading inspection takes place before the house is even built and that is causing problems with drainage. Council discussed increasing the grade from 1 % but the City Engineer indicated that it would be difficult to do so because Centerville is very flat and due to the way the water currently flows to the existing ponds and ditches. Council discussed the matter and asked that the City Attorney incorporate language into the developer's agreements in the future to address the pre-sod inspection as well as drain tiling to improve drainage. 7. Email from Mr. Wegman Ms. Moore-Sykes indicated that she had handled the matter. 8. Hole in Street on Meadow Lane Council Member Paar indicated that there is a big hole in front of the sewer on Meadow Lane and Meadow Circle. Council Member Broussard Vickers commented that this did not seem to be a full Council issue but rather something that should be directed to Staff to handle. She then said that it seems there have been a number of these types of issues brought to Council lately that should have been directed to Staff to take care of. She further commented that she would prefer that Council Members contact Staff and ask that the issues be resolved and then, if there is a problem, Staff can bring the matter to Council for consideration. Council Member Paar asked that Staff look into the hole and take care of it. VIII. OLD BUSINESS 1. Pay Equitv Comoliance - Resolution #03-041 Ms. Paulseth indicated she had prepared a Resolution to approve what was discussed at the work session concerning the pay equity compliance. She then indicated she had Page 7 of 10 City of Centerville July 9,2003 Council Meeting Minutes prepared an updated survey of pay and benefits from cities with populations between 2500 and 5000 and handed it out to Council. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to approve Resolution #03-041 as presented. All in favor. Motion carried unanimously. IX. ANNOUNCEMENTS/uPDATES Council Member Broussard Vickers indicated that she was unable to attend the upcoming Planning Commission meeting and asked that any interested Council Members attend for her. Mayor Sweeney indicated that the next police consolidation meeting would be held on Wednesday, July 16, 2003 and the next police commission meeting on Thursday, July 10, 2003. Council Member Capra indicated that the Cable Committee meeting conflicts with the police consolidation meeting and asked that Council Member Broussard Vickers attend if possible. Council Member Lee indicated that the Parks and Recreation Committee has a full membership again. Council Member Paar indicated that the EDC is still looking for volunteers to Staff the City booth during Fete des Lacs if any Council Members are interested. He said that the Lions are looking for volunteers to assist with the Festival and noted that there is a need for help with the kids carnival. He then asked that anyone interested in volunteering contact City Hall to be put in touch with the appropriate people. Council Member Paar indicated that the EDC is beginning preliminary work on Snowbiz and will be working to coordinate all events in one location. He also indicated that they discussed the budget and will be asking for the same amount in 2004 as in 2003. Ms. Moore-Sykes indicated that the check disbursements and Centennial Fire District Claims information was placed on the dais and were submitted late due to the July 4, 2003 holiday. Council Member Capra asked whether the meeting should be left open until after the decibel test. City Attorney Hoeft indicated the meeting could adjourn and the tests be done but those results should not be discussed. Ms. Bonnie Larson, 1724 Peltier Lake Drive, addressed Council and indicated that she has been faced with ripping carpet and walls out of her basement and a lot of cleaning due to the lift station failure on July 25, 2003. She then asked whether the City has any Page 8 ofl 0 City of CenterviJIe July 9, 2003 Council Meeting Minutes responsibility to pay for the clean up because there was no backup system in place for this type of situation. City Attorney Hoeft indicated that the City has no responsibility in this situation because the only requirement is to provide sewer to most of the people most of the time. He then said that Council has approved the purchase of a backup generator in an attempt to eliminate this type of situation in the future. Ms. Larson indicated that this happened through no fault of her own but she is forced to deal with it and pay to have it cleaned up. She then commented that she has found out that she has a small amount of homeowner's insurance to assist with the payments but this is a lot of work and she is attempting to clean up the house prior to placing on the market for resale. She further commented that she does not feel that Centerville is user friendly or resident friendly and she is moving out and this sewer backup forces her to stay longer and she will end up paying for redoing the street that she has paid for already a number of times. Ms. Larson asked why there is not an alarm or some way to alert the City that there is a problem with the lift station to prevent this problem. Ms. Moore-Sykes indicated that Staff was aware that the lift station was out but felt it had an 8-hour window within which to handle the situation due to anticipated flows. However, Staff did not anticipate that the sumps would be flowing over into the floor drains and into the sewer providing a much greater water surge than expected and that is why the backup occurred. Ms. Larson indicated she had learned there is a marine battery for backup power to the sump pump and suggested that the City put an article in the newsletter suggesting that residents obtain one to help avoid this type of situation in the future. Council agreed to place a notice in the newsletter but indicated they could not force residents to purchase battery backup for sump pumps. Ms. Larson commented that she is concerned that a simple variance for a garage warranted as much discussion as it did and the request to keep the bars open until 2:00 a.m. warranted virtually no discussion. Council Member Broussard Vickers clarified that the Ordinance allows the 2:00 a.m. opening and Council just upheld that. She then said that the noise ordinance would govern the extra hour of being open just as it does now until 1:00 a.m. so there should not be an issue. She further explained that she felt it important to point out to Mr. Kilian that the fee for the variance application is required whether or not the variance request is approved as Council has received several complaints from residents who did not know that the fee applied whether or not it was approved and said they wished they had known. Ms. Larson indicated that she is not happy about this sewer issue as it sets her back with selling the house and will force her to pay for the reconstruction of the street. She then Page 9 of 10 City of Centerville July 9, 2003 Council Meeting Minutes said that she is upset that she will have to disclose this issue when she goes to sell her house because it will make it harder to sell. Council Member Paar indicated this is not the same as a leaky basement and should not make it harder to sell. Ms. Larson indicated that her basement says "do not buy me" regardless of the comments here tonight. Council Member Capra indicated there is a sewer valve that can be added for $100 that would prevent the sewage from coming back in. City Attorney Hoeft cautioned that it is not fail-safe as the valve opens if someone uses the toilet in your home and then the sewage would flow in. Ms. Larson suggested that this information be added to the newsletter as well as there are probably residents who would like to know the valve is available. IX. ADJOURNMENT Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to adiourn the Julv 9. 2003 City Council Meetin!! at 9:07 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 10 of 10 City of Centerville July 23,2003 Council Meeting Minutes CITY OF CENTERVILLE CITY COUNCIL MEETING JULY 23, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on July 23,2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney @ Council Member Tom Lee Council Member Mary Capra ..0 . 0 Council Momb", Linda Brou","" Vkkc", r?@..o...Dr7@...... Council Mom"'" JeffP"!0. rQ) r6J u .. I \'J None. [}0 tP lr City Administrator, Ms. Moore-Sykes City Attorney, Mr. Hoeft City Engineer, Mr. Peterson ABSENT: STAFF: I. CALL TO ORDER Mayor Sweeney called the July 23, 2003, City Council meeting to order at 6:30 p.m. II. SET AGENDA Mayor Sweeney requested that an update on the Police Commission consolidation be added under updates. Council Member Capra requested that the water tower and Sedona Homes parking be added under updates as well as Eagle Pass and St. Genevieve Picnic parking under New Business. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to approve the ae:enda as amended. All in favor. Motion carried unanimouslv. III. APPROVAL OF COUNCIL MINUTES 1. Julv 9. 2003 Council Meeting Minutes Mayor Sweeney requested the following changes: On Page 3 of 10 change time frame to two words. On Page 5 of 10 indicate that the City's Ordinance will follow the state statute guidelines. Page 1 of24 City of Centerville July 23,2003 Council Meeting Minutes Council Member Capra requested the following changes: on Page 5 of 10 change variance to ordinance. On Page 6 of 10 change unkempt to unkept. Motion bv Council Member Capra. seconded bv Council Member Paar to approve the Julv 9. 2003 Council Meetinl! Minutes as Amended. All in favor. Motion carried unanimouslv. IV. CONSENT AGENDA 1. The City of Centerville July 10, 2003 through July 23, 2003 Claims for Approval 2. Centennial Fire District Claims 3. EDC Committee Recommendation (Fete des Lacs Booth) 4. Satisfactory Performance Evaluation of Building Inspector 5. Satisfactory Performance Evaluation of Account Clerk II Mayor Sweeney requested that Item 5 be removed from the Consent Agenda so that he could abstain from voting on that matter. Motion bv Council Member Capra. seconded bv Council Member Lee to approve Consent Al!enda Items 1 thrOUl!h 4 as presented. All in favor. Motion carried unanimouslv. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to approve Consent Al!enda Item 5 as presented. Aves - 4. Navs - O. Abstain - 1 (Sweenev). Motion carried. V. AWARDS/PRESENTATIONS/APPEARANCES None. VI. PUBLIC HEARING(S) 1. Ordinance #49 - Noise Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to continue the public hearinl!. All in favor. Motion carried unanimouslv. Mayor Sweeney continued the public hearing to the next Council meeting. VII. NEW BUSINESS 1. Eagle Pass - Issues/Concerns (Townhome Association/Residents) Ms. Moore-Sykes reviewed her letter report in response to Mr. Halstrom's letter with Council. She then indicated that were issues the City could prompt the developer on but for the most part the developer is making progress on the required work. Page 2 of24 City of Centerville July 23, 2003 Council Meeting Minutes Ms. Moore-Sykes indicated that residents on Quebec Street had drainage issues and were told that it was a civil matter and not the responsibility of the City but the City had offered the services of the City Engineer at the residents' expense and that offer was declined. Ms. Moore-Sykes indicated that Gorham and Swift are aware of drainage issues and are working on them. Ms. Moore-Sykes indicated that she was told by public works that the pond will be dredged to obtain the appropriate depth when the work is completed. Ms. Moore-Sykes indicated the City would only be accepting two streets within the development and said that the City could utilize the letter of credit or escrow, if necessary, to complete the sodding on Voyageur Court. With regard to the sodding on Portage Way Halstrom suggests that weather related excuses should not be allowed and the document does not specifically allow for them but it does not say that weather related delays will not be accepted. Ms. Moore-Sykes explained that occupancy permits are issued when substantial completion on the structure has been obtained and what that means is that the building inspector verifies that the structure is completed to a point where it is safe and secure and ready for occupancy. Upon this inspection by the City an occupancy permit is issued and it is not necessary to have the sod installed provided that the $1,500.00 escrow per lot has been paid. The homeowner would then have six months to install the sod as required by City Code. This allows for winter closings. Ms. Moore-Sykes indicated that with regard to the sodding on Eagle Trail the City Engineer and Public Works are working with the developer on those requirements. Ms. Moore-Sykes indicated that the residents have asked that the City do snow plowing on Voyageur Court but nothing has been received in writing. She then said that Voyageur Court is a private street so the Townhome Association would remain responsible for snow plowing. Mayor Sweeney indicated that Council would take comments but asked that residents give names and addresses for the minutes and keep the comments respectful as possible. Mr. Jim Halstrom of 6960 Dupre Road asked how many residents of single townhomes were in attendance and how many residents of the single family homes on Eagle Trail were in attendance. Residents from those neighborhoods raised their hands. He then asked how many Council Members had visited the site. All of the Council Members indicated they had visited the site. Page 3 of24 City of CentervilIe July 23, 2003 Council Meeting Minutes Mr. Halstrom indicated that all of the issues arising from things that were not done or done improperly by the developer and/or the builder have caused animosity between the townhome residents and the single family houses. He then said that Mr. Gulner had no standing water in his backyard until the townhomes were built and now there is a significant amount of water there. Mr. Halstrom indicated that the residents are concerned with common interest development within the City. Mr. Halstrom indicated he had just received the response from Staff and said the board would need to review it. He then said it feels like a white wash on the first phase given the history of concerns and issues. Mr. Halstrom indicated that bottom line, he does not feel the City Engineer is doing his job or maybe it is public works that is not doing its job because the City Engineer should be out at the site inspecting as the work is done. He then said that all they are asking for on the second phase is that the City Engineer look at the plans and compare it to the grading and tell the residents whether or not it will be okay or if there will be drainage problems. Mr. Halstrom thanked Staff for the response but said that silt fencing and sweeping streets is a basic thing to him and he does not understand why it so hard to get the developer to do it. He then said that you cannot even see the storm sewers any more because of the sedimentation flowing from Portage Way. He further commented that he is comfortable that the dredging will be done and said that the surety bond with Rice Creek assures that it will be done. Mr. Halstrom indicated there is someone who can attest to the sediment in the pond. He then said that silt fencing never went up on two of the sites and it is still not up along Portage Way or Ojibway. He further commented that residents will take some responsibility to notify the City of issues but all it takes is a call from the City and the street sweeping and silt fencing is to be taken care of within 24 hours and that has not been done. Mr. Halstrom indicated the main section on Dupre has not been swept. He then commented that this is sloppy development procedures and he feels it is the role of the City to be on top of the matter once notice is given. Mr. Halstrom indicated he would need to discuss the 1854 and 1855 Pioneer Lane matter with the board. He then said that the survey determined the grade to be at 1 % but Mr. Gulner indicated he had done a survey and it sent it to the City and the City indicates the survey cannot be found. Mr. Halstrom indicated he would like to see a copy of the survey because they feel it was not the single family homes that amended the area and caused this problem and you can see clearly how the grade was built up and did not create consistent drainage flow to the Page 4 of 24 City of Centerville July 23, 2003 Council Meeting Minutes pond. He then commented that one option is for the Association to have a contractor put in drain tile but the expert consulted does not think it can be accomplished. Mr. Halstrom indicated that he takes exception to the snow plowing of Voyageur Court because previous members addressed this issue with the City asking that the City plow it. He then said that the City has agreed to do Ojibway and Portage Way. He further commented that he is pleased with the positive response on Voyageur Court with regard to the sodding and other areas especially where Eagle Trail and Brian Drive are. Mr. Halstrom indicated he received an email from the management company indicating there is an area across the street that needs to be finished by them. He then said that a common interest development community should be scrutinized and the City should be on top of what is going on to protect resident interests. Mr. Halstrom thanked Staff for the comments but said, on its face, he has issues with the response and will go to the board to discuss it. Council Member Capra explained that just because Mr. Halstrom had not heard from individual Council Members does not mean that they are not paying attention to the issue or reading the information received on it. She then said she had gone through all the information but Council must make decisions as a body not as one member. Council Member Capra indicated that she was out to the site in January with Staff and the City's Engineer to discuss the drainage issue. There may have been no response to residents but Staff and Council was looking into the matter as requested. Mr. Halstrom apologized for lumping all Council together as nonresponsive and said that Council Member Capra has been very responsive. He then said his point is that if he takes the time to write letters and emails he feels receipt should be acknowledged by Staff. Mr. Halstrom indicated that they started with Mr. Palzer but went to other Staff and Council because he was non-responsive. He then said he thinks it is rude and bad government not to acknowledge a communication from a resident and homeowner never mind the president of 130 voting members of the community. Council Member Paar asked why nothing is getting done and what the City could do to force them to finish the required work because residents have been waiting a long time and it is time to finish the work. He then said he met with Mr. Gulner and it is not his cinder blocks it is a drainage problem caused by Swift and they are doing nothing about it. Mr. Halstrom indicated that Swift does nothing for the Association until they get a letter from an Association lawyer. Page 5 of24 City of Centerville July 23, 2003 Council Meeting Minutes Mayor Sweeney asked how much construction is going on there. Ms. Moore-Sykes indicated she was not sure how much work is left. Mayor Sweeney asked whether it was possible to issue a stop work order until the existing issues are resolved to the satisfaction ofthe residents and the City. Council Member Broussard Vickers indicated there are some issues that need to be addressed but the City cannot just say stop constructing. City Attorney Hoeft indicated that there is some disagreement on what is being done and what is not being done to the City's satisfaction. He then said that City Staff is working with the developer on those matters but not to the satisfaction of some of the residents but Staff is satisfied with the progress. City Attorney Hoeft indicated that issues with the developer's agreement on the first project does not give the City the right to hold up building permits on the second project. He then said that the City would need to determine what has not been done to the satisfaction ofthe developer's agreement and notify the developer and ifhe does not take care of it the City can call on the letter of credit to complete the work. Mr. Halstrom indicated that all the new units are occupied and awaiting the irrigation, sod and final grading and Ojibway is almost all occupied in the second addition. Council Member Broussard Vickers said she thinks the drainage issues are a challenge here as they are in a lot of places in the City due to the long standing 1 % rule. She then said that Council has been discussing changing that 1% rule but was told by the City's Engineer that it would be difficult to do that in this City due to the high water table and the topography of the area. She further commented that the drainage issues are a long term problem that cannot be resolved tonight but the silt fencing and the sweeping of streets the City can take care of by placing the developer on notice. She also indicated that the responses and how quickly they are provided to residents from Staff is something that the Council would need to discuss with Staff. Council Member Broussard Vickers asked at what point the City can step in and do work that the developer was to have done. City Attorney Hoeft indicated that whenever the City feels something needs to be done notice can be provided to the developer and, if the situation is not rectified, then the letter of credit or escrow can be drawn upon to complete the work. Council Member Lee asked if the agreement says July 1,2003 should it be done by then. City Attorney Hoeft indicated that he would want to have a good discussion with Council, the City Engineer and Public Works to determine where things are and whether it is possible to have someone step in and do the work or whether it would be better to allow a little bit of time for the person that is already there to complete the work. Mr. Halstrom indicated that he would encourage and ask that the City Engineer go out and look at the second addition Portage Way and compare the plans with what has Page 6 of24 City of Centerville July 23, 2003 Council Meeting Minutes evolved before the sod is installed to preclude future problems. Mr. Peterson indicated that the City's field engineer has been there but as far as the City is concerned the City has signed off on the final grading and it is the homeowners responsibility to make sure the grade is correct when the home is purchased. He then said that they could check if there are areas that do not appear to be draining properly but usually they just check boulevards. Council Member Capra indicated that Council had discussed the potential for a pre-sod inspection. Council Member Lee commented that this is not the only home that has an issue with this and there are a lot of grading and drainage issues in the City but at some point the City is no longer able to correct what the developer does. Ms. Marilyn Newman of 7035 Dupre Road indicated that she moved in to her new home in October of 2002 and is tired of driving through mud and having to clean her vehicle and her garage. She then asked that Council be proactive rather than reactive on this because she foresees drainage issues as her neighbor's home is higher than hers. She further commented that the developer will not do anything unless the City tells them too but the City says it is the responsibility of the developer and she wants to know how she is supposed to solve these problems. Mr. Peterson indicated that the issue is between the homeowner and the contractor as it is private property. City Attorney Hoeft indicated that once the final grading plan is accepted then the City is out of the grading issue. Mr. Cliff Kath of 7001 Eagle Trail indicated that he has a drainage problem and some people were out and walked it and said something needs to be done. He then said that when he moved in there was a ditch there and Swift told him to put up a wall. He further indicated that there is a manhole there and he has grading problems that he cannot get the developer to resolve and this has been a two-year process. Ms. Ann St. George of 1861 Pioneer Lane indicated that when the townhome next to them was built she called the City because the foundation was higher than hers and the City said it was fine three years ago. She then said that she does not feel that this should be her financial responsibility to take the developer on in Court when the City approved the foundation and now she has drainage issues. She further commented that she feels the City has some responsibility to help them with the problem and she is feeling ignored. Council Member Lee asked if it would be possible to do a procedural change and instead of doing the final grade before the structure goes in have that be a preliminary grade inspection and have the grade checked when the structure is built to solve drainage issues for future developments. Mr. Peterson indicated that would require a full time person there in a development of this size to verify that all houses that go up over a five to six year period do not have the grade changed during construction. Page 7 of24 City of Centerville July 23, 2003 Council Meeting Minutes Council Member Paar indicated that he had this issue where he lives and his builder put drain tile through his back yard to drain the water and that has helped. He then said that he would like a pre-sod inspection for future developments to solve these types of problems. Council Member Paar asked if the City could do something before the sod goes in because if not there is going to be another problem. City Attorney Hoeft asked what it was the City wished to accomplish with the pre-sod inspection because the City has no obligation to do anything and residents can sue the City and he will respond, if necessary. He then said that the City has a final approved grading plan and the pre-sod inspection does nothing. Mr. Halstrom suggested not issuing the occupancy permit if the grading is incorrect. City Attorney Hoeft indicated that Council would need to decide whether to inteIject the City farther into the process than it already is and noted that there would be substantial cost for the City to do so and it would be a significant departure from standard operating procedure not just for this City but for virtually all other cities. Council Member Paar indicated that he does not think that the City is at fault but he wants to see if anything can be done to stop these ongoing issues for the City each time a development comes in. Council Member Broussard Vickers asked if he wanted the City Engineer to fix the drainage problem. Council Member Paar indicated that he does not think that the City can be responsible for fixing the yards that are already sodded but there is a pond and water is not getting there because the grade is too steep so a drain tube would help. Council Member Broussard Vickers asked what the City is going to do and what the City's liability is and what the City pays to fix. Council Member Paar indicated he would like the developer to fix the ones that do not yet have sod to make sure the grade is correct. City Attorney Hoeft indicated that is a homeowner responsibility and the City does not enforce that. Ms. Janis Hackman of 7034 Dupre Road indicated she has been watching all week what they have been doing and nothing more than a little grading with hand shovels has been done. She then said that she has asked them to clean up the mud by the mailboxes and that has not been done. She further commented that her neighbor has told her that everything that Swift has done and continues to do goes against every rule in the book and she does not think it is fair to the City or future homeowners that the City says it Page 8 of24 City of Centerville July 23, 2003 Council Meeting Minutes cannot help and the matter is between the construction company and the homeowner. She also indicated that there is to be four inches of topsoil and that has definitely not been followed. Mr. Bob Hosfield of 6983 Portage Way indicated he was the last person to move into the new development and he has some questions for the Council. He then asked if it was possible to have the streets swept at a time other than 2:00 a.m. because it is very loud and disrupts his sleep. He then said his other questions are is the streets are public property and if Swift is causing drainage that destroys public property if that would be the City's responsibility. He further commented that ifboth answers are yes then the City has only have one way to go and that is to force the contractor to repair those drainage conditions because they do affect the City street and that is costing money. Mr. Steven St. George of 1861 Pioneer Lane indicated that they have been told time and time again that this is a civil matter between the developer and the homeowner but he feels the City should do something to assist the homeowners with this problem. He then suggested that the City consider banning Swift from any future development within the City. City Attorney Hoeft indicated that ban may not be the correct word but said that the City can certainly take prior issues with a builder or developer into consideration when and if that same developer is before the City for approval on future development. Council Member Paar asked ifthere was enough reserve money to get the issues resolved such as sweeping and cleaning up and getting the silt fencing installed. Ms. Moore-Sykes indicated that those costs are the developers and he is required to perform under the developer's agreement and sweep the streets within 24 hours of notification. Council Member Broussard Vickers asked how many times Swift has been notified to sweep and how many times they have done so. Ms. Moore-Sykes indicated that she has called them four or five times but is not sure what is done if public works is contacted rather than her. Council Member Capra indicated that the streets are swept but not within the time frame in the developer's agreement. She then asked if Mr. Gulner had copies of the surveys submitted to the City because that was never on an agenda. Mr. Gulner indicated that he has them on disk and is looking for them but said that maybe 60 of the 500 feet was close to 1 % the other half is negative grade and then it moves drastically to a 3% grade. Council Member Capra commented that Council agreed to pay to have the survey done with regard to where the drainage easement was for that property and what she would Page 9 of 24 City of CenterviIle July 23, 2003 Council Meeting Minutes like to do is have the area resurveyed to see if there would be any recourse with the developer. City Attorney Hoeft indicated that the City could do work within the easement but he is not sure that it would be possible to collect from anyone so the City takes the risk of expending funds and not recovering them. Council Member Broussard Vickers indicated that the recourse the City has is if the property is violating the Ordinance by placing water onto another's property. But, that would mean it is an issue for the property owner to resolve and then attempt to go back after the developer. Council Member Broussard Vickers indicated that the only way she could think ofto help residents with the drainage problems as it stands is to issue an ordinance violation to anyone that is causing water to drain onto another's property and that would require that the homeowner pay to resolve the matter and provide a basis to go after the developer in Court. Mr. Halstrom indicated that with the development ongoing the developer is still involved. Council Member Broussard Vickers indicated that the agreement says grades are to be at 1 % but that is inspected by the City prior to the home being built. She then said that individual builders have gone in and disturbed the grade and created a situation where there is an ordinance violation for causing water to drain onto someone else's property. Council Member Broussard Vickers indicated that there is not a way to do this with the limited abilities and finances ofthe City. Mr. Greg Nohner of 1855 Pioneer Lane asked whether the builder has to build the home to City Code when the permit is issued. Council Member Broussard Vickers indicated that the home must be constructed to meet the Building Code Requirements. Mr. Nohner said he would think that the City could go to Swift and tell them that they are in violation of the ordinance and force them to fix the problem. Council Member Broussard Vickers explained that Swift does not own the pieces of property the homeowners do so any ordinance violation would be the responsibility of the property owner. Mr. Nohner commented that it seems that the City wants to wash its hands of this problem and it seems inappropriate that the City has no responsibility because the City has signed off on the building permit and inspections. He then asked what residents are supposed to say when Swift says that they will do something ifthe City tells them to. City Attorney Hoeft indicated that he could not give individual homeowners legal advice as to how to proceed and suggested that residents hire an attorney to provide them with Page 10 of24 City of Centerville July 23, 2003 Council Meeting Minutes advice on their legal options. He then indicated that the certificate of occupancy has nothing to do with the grade of the property. Council Member Capra asked whether it was possible for Staff to go out and check the grade on the newly constructed homes before the sod is installed. Council Member Paar asked if the City could use the money it has to get the silt fencing and the street swept and use whatever is left to force the developer to fix the grading where Mr. Gulner is to help the water flow down to that pond. City Attorney Hoeft indicated that he does not know how much money there is in escrow but said the City could use it to complete work outlined in the developer's agreement. He then cautioned that it may make more sense to lean on the developer to bring those items into compliance with the agreement and save the escrow funds for other larger items should the need arise. He then said that the City could not use the escrow funds to solve the drainage issues. Council Member Capra asked if it is possible to have Mr. Halstrom, Mr. Quigley and a representative from Swift meet with City Staff to discuss the issues in an attempt to resolve them. Mr. Halstrom indicated that the Association is willing to discuss the matter with anyone who will listen but cautioned they have not yet received any attention from Swift except when a lawyer is used. Council Member Capra indicated that she believes there are issues that Council should discuss with Staff on the developer's agreement. She then indicated that the City does not plow private roads and it would be the responsibility of the Association to have that road plowed. City Attorney Hoeft indicated that the issues with the developer's agreement would be handled by Staff and then said that the drainage issues are more complex and Council would need to determine how much time and money they would like to spend on solving the matter for the residents. He then said that it would be his recommendation that the City stay out of the civil drainage issues and tell the homeowners it is a private matter between them and their builder but that is only a recommendation and Council could choose to do otherwise. City Attorney Hoeft commented that no one wants to pay an attorney to deal with anybody until they have a problem and it would have been a lot less expensive for some of the residents to pay someone who does know what the process is before they signed a purchase agreement to get into this situation and now they are looking for some way to resolve it. He then said that there are issues but the problem is the City in this situation is not in a position to address the elevation issues. The City can address the current construction issues with the developer's agreement but the elevation issues the City cannot resolve. Page 11 of24 City of CenterviJIe July 23, 2003 Council Meeting Minutes Mr. Halstrom indicated that he thinks the water may come out of Portage Way onto Dupre and onto the street and into the ponds due to what happened when the homes were built. City Attorney Hoeft indicated that one of the remedies in this is to find every homeowner criminally liable and issue citations for violating the ordinance. But then there is the issue of who is responsible for putting what dirt where and just because the dirt was moved does not mean the grade was changed leading to a serious proof issue. The problem could have been caused by the developer, the builder or the homeowner as a lot of people do their own landscaping. Mr. Nohner indicated that they know who built all the houses there and that is Swift and said that there should be a clear cut case of who built the building and did the landscaping and those are the one that are responsible. City Attorney Hoeft indicated that it is not as simple as it sounds because the homeowners would need to prove that Swift did the work and no other work has been done to affect the grading. Council Member Capra indicated that Portage Way has not been final graded for sod and she thinks that if the City had Staff or the building official speak to them they could check the drainage and grade. Council Member Broussard Vickers asked ifthe City has the right or responsibility to ask them to fix the grade because it has changed since it was done. City Attorney Hoeft indicated the City could communicate that to them. Mayor Sweeney commented that everyone agrees that silt fencing, the sodding, and the sweeping need to be taken care of and, if the developer upon notice does not do so, the City can use the escrow to perform the work. Mr. Bob Hosfield asked what the ordinance says with regard to filling in a drainage easement because the drainage easement behind him has been filled in and the builder would be in violation of the ordinance for that. Mr. Peterson indicated that area is a drainage easement. Mr. Hosfield asked whether the builder has liability for the developer filling in the drainage easement. City Attorney Hoeft indicated the City would need to determine who owns the property and determine whether there is a violation of the ordinance. Page 12 of24 City of Centerville July 23, 2003 Council Meeting Minutes Council directed Staff to look into the complaint to determine whether the drainage easement has been impeded and, if so, issue an ordinance violation to the owner of the property. Council Member Capra asked that the research requested of Staff be completed within the three weeks before the next Council meeting. Mr. Peterson indicated he has been in contact with Swift and Gorham on that issue as it is not flowing and they are trying to get them to resolve the problem. Council asked that the City Attorney determine who owns the property and provide a copy of the letter sent to Mr. Halstrom. Mr. Nohner indicated that he and his neighbors were cautioned to stay out ofthe drainage easement when they were before Council last summer. City Attorney Hoeft indicated that doing any work within the easement may open up residents to a problem if they cause water to flow onto someone else's property in violation of the ordinance. Mr. Nohner indicated that he and Mr. Gulner have been at odds due to this drainage issue and, as such, a complaint was filed on his privacy fence. He then said that he has discussed it with various people and he needs a clarification as to the City's ordinance and whether he needs to apply for a variance. He also indicated that Swift put his privacy fence up and the overall height is 74 inches with a maximum of 88 inches to account for the slope of the ground and keep the fence level. Council Member Broussard Vickers indicated that normally Staff would make a determination on this type of issue. Ms. Moore-Sykes indicated that she was asked to provide Council with a copy. Council Member Broussard Vickers indicated that she relies on Staff to review the issues and provide a recommendation to Council before Council makes a decision. Mr. Nohner indicated that Mr. Gulner went out and cleaned weeds and stuff from the drainage easement as well as the timbers that were in it and he thanked him for his efforts. Council Member Capra indicated that Mr. Nohner's wife has MS and the purpose for the fence design was to allow her some privacy on the patio. Ms. Moore-Sykes indicated that this would require a variance based on the ordinance. Mr. Jim Hawkins of 1854 Pioneer Lane indicated that it seems that there are quite a number of people that have issues with Swift so his comment is where does the business Page 13 of24 City of Centerville July 23, 2003 Council Meeting Minutes license come and if they cannot follow through on their promises they should be reported to the licensing entity. Council indicated the Department of Commerce could be contacted. Council Member Broussard Vickers asked if the Association has sent a letter to the Department of Commerce about the license holder. Mr. Halstrom indicated that is another option the board will consider. Mr. Hawkins asked whether the City of Centerville could file a complaint with the Department of Commerce against Swift. 2. Mr. Robb Gulner - 7031 Eagle Trail (Drainage Utility Easement) Handled as part of the previous item. Mr. Gulner left during the above discussion. 3. Hunter's Crossing 2nd Addition - Feasibility Study Resolution #03-042 Council Member Capra asked if there is over sizing on this project and Mr. Peterson indicated that there is. Mr. Peterson indicated that he has counted Outlot B as a possible assessment and 6882 was never assessed for sewer or water and Mr. Wilharber has an agreement with the developer to bring him services. Motion bv Council Member Lee. seconded bv Council Member Paar to approve Resolution #03-042 as presented. All in favor. Motion carried unanimouslv. 4. Peltier Preserve Final PlatlDeveloper's Agreement Council Member Broussard Vickers indicated there is a portion about charging the developer any and all fees associated with development and under that section there is wording concerning interest costs. She then asked if that would allow the City to collect on a prepayment situation on the bond. City Attorney Hoeft indicated that he had not drafted the document with that in mind because this agreement was drafted before that item was discussed. He then said that language would have to be developed to build that into this developer's agreement. He then explained that as in the case of the right to object to assessments the fact that the City is taking away the right to prepay would need to be specifically outlined in the document along with the prepayment penalty. City Attorney Hoeft recommended that the City contact Mr. Eilertson to obtain a calculation chart listing lost interest month by month to assist him with determining what a prepayment penalty would be. Page 14 of24 City of Centerville July 23,2003 Council Meeting Minutes Council Member Broussard Vickers indicated that she has no problem with the preliminary plat approval pending approval of the developer's agreement and at the next meeting she would like to have the information to make the decision on prepayment. City Attorney Hoeft indicated that the City is looking at final plat approval subject to the approval of the developer's agreement and Staff is to contact Eilertson concerning a graph or chart with the interest information to be used as an exhibit to the agreement. He also asked that the information be provided to the developer as soon as possible for discussion. Mayor Sweeney asked whether all the required fees have been paid. Ms. Moore-Sykes indicated that all fees have been paid at this point. Council Member Capra indicated that on Page 8 under park dedication fees it says $3,000 per lot times 20 lots but in another location it is $3,000 per lot times 19 lots. City Attorney Hoeft indicated that the park dedication fees would be charged on the 19 newly created lots not the existing home. Mr. Gonyea asked whether they are subject to the increased park dedication fee because those fees were raised during this approval process. City Attorney Hoeft indicated that the current fee would be used because the agreement was not approved prior to the increase in fees. Council Member Capra asked about the park property. Mr. Gonyea indicated that it is within the drainage and utility easement located on the back part of Lot 1 and the City would have control over that. Council Member Capra indicated that the idea was that the neighborhood kids fish there and the idea was to give the property to the City for unimproved parkland so that the kids could fish there without having to ask permission. Mayor Sweeney indicated he did not want the property as a park. Mr. Richard Thompson of 1657 Peltier Lake Drive indicated that at one point there was discussion of digging a sedimentation pond in judicial ditch 3. Council Member Capra indicated the City had looked at having this are be a natural area with a bench but no play equipment, just a City access so that the kids in the neighborhood could go fishing there. Mayor Sweeney indicated this Council did discuss this early on and decided it did not desire the property for a park. Page 15 of24 City of Centerville July 23,2003 Council Meeting Minutes City Attorney Hoeft indicated that he and Ms. Moore-Sykes met with the St. Paul Waterworks representatives and there is a proposal under consideration to sell the property back to adjoining property owners along the lake so there is potential that the City may be asked if it wants to purchase that property along the lake if the City owns this piece of park land. Council Member Paar asked what happens when houses go up and someone's child drowns on the park property. City Attorney Hoeft indicated the City could be liable but there are a lot of variables. He then recommended that the City discuss the matter with its insurance representative to see ifthey have any concerns. Council Member Broussard Vickers indicated that even if St. Paul Waterworks sells the property back she is not sure that the City has money to look at buying the property. Council Member Capra indicated those that live behind it may be interested in purchasing it and it is just a small section that the kids fish on. Mr. Gonyea indicated he had no issue either with deeding the property to the City as an outlot or providing an easement. Council Member Capra indicated that the residents wanted park property and this was a way of giving them an area where the kids can go and fish. Council Member Lee indicated he would like to have the property deeded to the City. Council Member Broussard Vickers asked how many were in favor of the park property being owned by the City. Council Member Broussard Vickers asked who owns this land and if the owner is required to let anybody come on the park easement portion. City Attorney Hoeft suggested calling it a park and drainage easement because that way the City could use it for park purposes. Council Member Broussard Vickers asked what liability the landowner would have. City Attorney Hoeft indicated the City would incur the liability not the landowner. Mr. Gonyea indicated that the City would be responsible for maintaining the property so the City may as well own it. Council Member Broussard Vickers indicated that she does not want to own it and she does not want to have a park easement on it. Page 16 of24 City of Centerville July 23, 2003 Council Meeting Minutes City Attorney Hoeft suggested a motion that final plat approval be subject to the developer's agreement and deeding to the City of Outlot B if that is Council desire. Council Member Paar indicated that he does not want the park piece. Mayor Sweeney indicated that he did not remember being in favor of it before and remembers discussing this when they were newly elected. Council Member Capra indicated that she believes the park property was done as a concession because the neighbors wanted the 10% for parkland. Council Member Paar indicated that his concern is that with the people in Lots 1,2, or 3 having liability because people are fishing on their property and whether they would want that. He then said it was a nice gesture and he is not trying to vote against parks or fishing but he feels, as a property owner, there would be issues with that. Mayor Sweeney indicated that he would not want to buy a lot with a situation like that having to see people fishing on your property. He then said that he does not want the City to own the property but someone else. Council Member Capra indicated the whole point of the proposal was to avoid having to make the kids ask for permission to fish. She then said that this parkland piece was promised to residents and she believes Council is going back on what was previously decided. City Attorney Hoeft indicated that the City is not obligated in any fashion on this based on prior discussions. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to approve the final plat for Peltier Preserve subiect to the approval of the developer's al!reement. Mr. Peterson commented that the easement along the south side of Lot 1 was moved. Mr. Gonyea indicated that the easement was moved to move the sewer and save as many trees as possible. Council Member Capra indicated that she felt that Council was letting residents down with regard to the park. VOTE: Aves - 3. Navs - 2 (Lee/Capra). Motion carried. Council recessed at 9:28 p.m. Council reconvened at 9:35 p.m. Page 17 of24 City of CenterviIle July 23, 2003 Council Meeting Minutes 5. Fete des Lacs Parade Temporary Road Closures Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers to approve the request from the Lions for temporary road closures and direct the police department to enforce the no parkin!!: si!!:ns on the parade route. AIl in favor. Motion carried unanimouslv. Council asked Staff to notify the Chief and send a copy of the Minutes. 6. St. Genevieve Picnic Reauest Motion bv Council Member Capra. seconded bv Council Member Lee to approve the use of the Park and Ride Lot for St. Genevieve's Picnic on Aueust 17. 2003 from 8:00 a.m. to 6:00 p.m. All in favor. Motion carried unanimouslv. Council Member Broussard Vickers asked if the City is obligated to provide the lot to others if requested. City Attorney Hoeft indicated he would not worry about that at this point. VIII. OLD BUSINESS 1. Center Villa Sidewalk Complaint Ms. Moore-Sykes indicated that the Center Villa developer went bankrupt and the contractor is not around and there are issues that need to be resolved with regard to the sidewalk. Mr. Peterson estimated that the cost to fix the sidewalk would be approximately $5,000. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to direct Staff to complete the sidewalk work and related matters in Center Villa. All in favor. Motion carried unanimouslv. Council Member Broussard Vickers asked why this required Council action and was not handled by Staff. City Attorney Hoeft indicated that the City is already in litigation with this individual and Staff wanted authorization before expending any further funds. IX. ANNOUNCEMENTSIUPDATES 1. Pavement Management Plan Motion bv Council Member Broussard Vickers. seconded by Council Member Paar to table the pavement mana!!:ement plan. All in favor. Motion carried unanimouslv. Page 18 of24 City of Centerville July 23.2003 Council Meeting Minutes 2. Ordinance #4 (Swimming Pool Fencing & Tent/Temporary Structures) Mayor Sweeney indicated that there is a resident that has one of the inexpensive inflatable pools that is in violation of the Ordinance due to the depth. He then said that there are several residents that have these pools. Council Member Broussard Vickers indicated that Planning and Zoning would need to review the ordinance for possible changes but, in the mean time, the residents would need to comply with the ordinance. Council Member Capra asked that the Planning and Zoning Commission also keep in mind that there are a number of residents that have hot tubs on their decks that are more than 24 inches deep. 3. Slaughter House/Ordinance #75 Update Ms. Moore-Sykes indicated that Staff continues to work on Ordinance #4 as well as the Slaughter House ordinance and would be brining them to Council in the near future. Council Member Broussard Vickers indicated she would like some sort of ordinance for review by the end of the year to start the public hearing process. Ms. Moore-Sykes indicated that one was included in the packet that seems to be fairly concise. 4. Mr. Wayne LeBlanc Complaint Ms. Dentz indicated they had come to the meeting to respond to Mr. LeBlanc's complaint and noted that he was not in attendance. Ms. Dentz of 1667 Peltier Lake Drive indicated that she has been having trouble with Mr. LeBlanc for the last few years since they had a difference of opinion on the no wake issue. She then said that a survey was done and it was determined that the Hosta garden she built on her property is one inch over onto his and he has demanded that she remove the plants. She further indicated that Mr. LeBlanc put logs down on the property line and his behavior seems to be very vindictive. Ms. Dentz indicated that she has removed the last three Rostas and this is a non-issue. She further indicated that he had complained that there was a brick that was one inch over on his property so she moved that over. Ms. Dentz indicated that there was a complaint about some tires and construction materials but that has been moved and the CSO wrote a letter indicating there were no other ordinance violations but apparently another complaint has been filed so they had two officers out and they found no ordinance violations but they moved some lumber and Mr. Cook told them that there were no issues with the ordinance. She then said that if there is still something that is in violation of the ordinance the City should let them know so that they can make the correction. Page 19 of24 City of Centerville July 23,2003 Council Meeting Minutes Ms. Moore-Sykes indicated that Mr. LeBlanc would like the no dumping sign moved from in front of his property. Mr. Richard Thompson indicated the property was surveyed and things shifted around and fences had to be fixed as lines are in slightly different locations. Council Member Lee asked ifit would be an issue if the no dumping signs came down. Mr. Thompson indicated that about two years ago the DNR instructed him to stop mowing the grass and said someone was filling the wetland so the no dumping signs were installed. Council Member Broussard Vickers asked if there were any ordinance violations right now. Ms. Moore-Sykes indicated that Mr. LeBlanc filed a complaint regarding outside storage of trailers on July 15, 2003. Ms. Dentz indicated that even before the lumber was moved both officers indicated that there was no problem with any ordinance violations. Council Member Broussard Vickers asked whether the issue with mowing on the other side has been addressed. Ms. Dentz indicated that they have been mowing across the street for 12 years and prior to that the City did it. She then said that Ordinance 54 governs noxious weeds and someone needs to maintain the property and the City has let the residents do it to save the City Staff time. Council Member Broussard Vickers asked who owns the land. Mr. Richard Thompson indicated the street is a 50-foot easement so the easement area is approximately 10 to 12 feet on that side of the street. He then indicated that the City of Centerville had been cutting the area but residents took over that responsibility but he stopped when the DNR official told him to stop. Council Member Broussard Vickers asked why Ms. Dentz has not stopped mowing it as requested by the DNR. Ms. Dentz indicated that she is mowing weeds not aquatic plants and it makes the area more enjoyable for everyone with it mowed. Council Member Broussard Vickers asked if Ms. Dentz would stop if the DNR or the landowner tells you to. Ms. Dentz indicated that someone has to maintain that a little bit to control the weeds. Page 20 of 24 City of CentervilIe July 23,2003 Council Meeting Minutes Mr. Richard Thompson indicated he had called the DNR and was told that the City should have an ordinance and so he asked Staff and the ordinance for wetlands indicates there should be a 75-foot buffer. City Attorney Hoeft indicated the garden issue is not an issue for the City but a civil matter. The code issue Council does not get into and will let the CSO do the job and if there is a violation they will issue a citation and he will take it to court. He then addressed the issue of mowing by the pond by saying that the first thing to do would be to find out who owns the property. He further indicated that the City should have a right of way easement for a certain number of feet which would mean that that the fee owner needs to maintain that property in compliance with the ordinance but if someone wants to volunteer to cut it then something could be worked out. City Attorney Hoeft indicated he would like to figure out if there is right of way and then figure out how to maintain it and beyond the right of way if it if protected would govern how it is dealt with. Mr. Thompson asked whether they could cut the right of way without getting in trouble with the DNR. City Attorney Hoeft indicated that the natural buffer does not apply to the right of way. He then said he would not want anyone to cut the area between the right of way and the pond but the City can maintain and assess the property owner if they do not cut that right of way area. Council asked Staff to look into who owns and installed the no dumping signs. Council Member Capra asked Staff to forward mediation information to the property owners for future reference 5. Xcd Energv/Lift Station Council Member Capra indicated that since the lift station went out in June and caused the flooding there has been another outage. She then indicated that she did some research and there are trees hanging in the power lines on Mill Road and whenever there is a wind that blows it clicks the circuit breaker which makes the lift station go down. Staff has been called out and Xcel has been called but they have said it is a low priority line but she feels with the lift station going out it becomes a health and safety issue. Ms. Steffen indicated that Xcel has said they are coming out next week to cut the branches down. Council Member Capra asked whether Council would like to approve a not to exceed amount for the generator to power the lift stations since Council does not meet for three weeks. Page 21 of24 City of Centerville July 23, 2003 Council Meeting Minutes Council Member Lee indicated he would like to get competitive quotes. Council Member Capra said she trusts Staff and they could get the best price under an approved amount. Council Member Lee indicated he would prefer the best generator for the job even if it costs a little more. 6. Police Commission Update Mayor Sweeney indicated that there was a long and heated discussion concerning how the powers are to be divided under the proposed new police department and it was decided that when it comes to hiring the Chief and approving the budget each City would have an equal say. However, for other decisions it was decided that 50% of the vote would come from Lino Lakes and the other 50% would come from the cities in the Centennial Lakes Department. He then explained that this stemmed from Lino Lakes concern that they have everything right now and the only benefit they can see from this potential merger is a possible monetary savings. Council Member Broussard Vickers asked why Lino Lakes is at the table negotiating if they feel they are not getting anything. Mayor Sweeney indicated that this proposal is what the group came up with and each Council will be discussing it. Council Member Lee asked how other Councils feel about this proposal. Mayor Sweeney indicated he felt Circle Pines was okay with it but he is not sure that Lexington is. He then said that if Lino Lakes does not approve the proposal then the proposed merger does not happen. Mayor Sweeney indicated that if there is no agreement on the budget then there will be a default increase within a certain time frame. Mayor Sweeney indicated that he felt the Mayor of Lino Lakes was okay with the proposal but the other representative has indicated that he would prefer veto power or additional representation so if Lino Lakes wants to get something done they can do so. Council Member Capra indicated that the group felt that this was the best resolution and that most would be agreeable with it. Council Member Broussard Vickers asked how Stafffelt about the proposal. Mayor Sweeney indicated he would like to get Council opinion before the City Administrator's opinion. Page 22 of24 City of Centerville July 23, 2003 Council Meeting Minutes Council Member Broussard Vickers indicated that she wanted the opinion of her City Administrator before making a determination. Council Member Lee indicated he felt it would be fair to have the City Administrator's OpInIOn. Ms. Moore-Sykes indicated that the administrators have been at the meetings for a reference point and not to express opinion. She then said that she feels the proposal as outlined by the Mayor is a very fair deal. Council Member Broussard Vickers asked whether this has to be unanimous with the four cities or if one city could opt out. Ms. Moore-Sykes indicated that they would be building exit strategies for down the road while requiring a certain time commitment. Council agreed that the proposal as outlined was fair. Mayor Sweeney indicated that this has been an extremely difficult process because every time he goes out on a fire call the officers are asking questions about what is going on but he does not have the information to share. Council Member Broussard Vickers asked whether there is still a concern over losing officers because they have to go through the hiring process. She then said that she would not vote for any proposal that proposes eliminating everybody. Mayor Sweeney indicated that they have an officer retiring, have lost an officer hired by another department and there are a few others that they are looking. He then said that if this agreement is not approved then this discussion is done and will begin looking at other options for its department. Council Member Broussard Vickers indicated that she would like the steering committee to decide as quickly as possible on the staffing issues. Ms. Moore-Sykes indicated that there is a consensus that if this is approved then the Chief would need to be hired and the steering committee would work with the Chief on the hiring process. Council Member Broussard Vickers indicated that she does not want the new Chief to have the option of letting everyone go as a new Chief coming in does not get that option they have to work with what they have. Page 23 of24 City of Centerville July 23,2003 Council Meeting Minutes 7. Water Tower Mr. Peterson indicated that the soil is not good but there is rock down at 75 feet so pilings are recommended at an additional cost of approximately $50,000. He then said that he feels the Cedar Street site would be comparable if not worse. 8. Sedona Homes Council Member Capra indicated that the building across the street does not meet the ordinance for parking according to Mr. Palzer. Council Member Broussard Vickers asked why Staff did not tell Council that the parking was not met and asked whether Sedona Homes was right that 15 spaces would be required. Council Member Broussard Vickers indicated that Staff would need to find out what the ordinance says about parking for these things and she would like to know why that did not come up at the time. She further commented that when she votes she bases that on the fact that the proposal meets all codes. Council Member Capra indicated that she would like Planning and Zoning to look at the M-l district and the requirement of green space. Council Member Broussard Vickers indicated that M-l commercial use follows the commercial green space requirement and there is no requirement for residential green space. IX. ADJOURNMENT Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to adiourn the Julv 23. 2003 City Council Meetin!! at 10:45 p.m. All in favor. Motion carried unanimously, Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 24 of 24 CITY OF CENTERVILLE CITY COUNCIL MEETING AUGUST 13, 2003 6:30 p.m. ~::,~l~~ ~:~~ll~~~~~:t~~O~~~'I~~~ ~~=." hold th,rrre:O':,'6iaw g~:~~: ~::~:~ ;:;a ..LtJ ...... ..0 /<.. . ABSENT: Council Member Broussard Vickers STAFF: City Administrator, Ms. Moore-Sykes City Attorney, Mr. Hoeft City Engineer, Mr. Peterson Public Works Director, Mr. Palzer I. CALL TO ORDER Mayor Sweeney called the August 13, 2003, City Council meeting to order at 6:30 p.m. II. SET AGENDA Ms. Moore-Sykes requested that Pay Request Number I from Dave Perkins Contracting Inc., for Peltier Preserve Street and Utilities be added to the Consent Agenda. Ms. Moore-Sykes requested that repair of the culvert at LaMotte Park be added under New Business and that Mr. SchoeberIein be added under appearances. Council Member Capra requested an update on Eagle Pass be added. Motion bv Council Member Lee. seconded bv Council Member Paar to approve the aeenda as amended. All in favor. Motion carried unanimouslv. III. APPROVAL OF COUNCIL MINUTES 1. Julv 30. 2003 Council Meeting Minutes Mayor Sweeney requested the following changes: On Page 2 of 24, second sentence from bottom indicated there were some issues. Page 4, third paragraph last sentence change he to "the." On Page 7, fourth paragraph remove the word "says". On Page 15, City of Centerville August 13,2003 Council Meeting Minutes fourth paragraph from bottom insert the word want. Page 15, second paragraph from the bottom change "are" to "area". Page 23, fourth paragraph from bottom, last sentence change discussion to our department. Motion by Council Member Paar. seconded by Council Member Lee to approve the July 30. 2003 Council Meetin!! Minutes as Amended. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1. The City ofCenterville July 10,2003 through July 23,2003 Claims for Approval 2. Centennial Fire District Claims 3. Pay Request Number 1 Dave Perkins Contracting Inc., for Peltier Preserve Street and Utilities Council Member Capra questioned the $22,000 payment to Bonestroo. Mr. Peterson indicated that a larger bill like that is usually for the design of a project and Peltier is the most current one so he believes that it is for Peltier Preserve. He then said that there is usually an escrow set aside for funding the engineering on the projects and it is not an expense of the City. Council Member Lee asked if Mr. Peterson had been out to Peltier Preserve and whether things are done to his satisfaction. Mr. Peterson indicated that Dan Schluender is the engineer in the field and he has signed off on the work. He then said that this is a $141,498.70 payment out ofa $500,000 project and all looks fine to him. Motion bv Council Member Lee. seconded bv Council Member Capra to approve the Consent A!!enda as presented. All in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES 1. Wes Schoeberlein Water Issue Pheasant Marsh Mr. Wes Schoeberlein, 1744 Partridge Place, addressed the Council and explained his water issue and provided the same pictures that were provided to the Planning Commission in addition to a few new ones with pictures of water in the basement. He explained that he has lived at the property for 16 years and has never had a water problem and now that the area has been developed there was a large rain fall in May and there was standing water everywhere and water in his basement. Mayor Sweeney asked if the marginal wetland discussed by Mr. Schoeberlein was to be a retention pond. Mr. Peterson indicated there is a culvert that takes it out to the north when it rises. Council Member Capra indicated the memo received from Staff indicates that Mr. Schoeberlein intends to install drain tile. Page 2 of 13 City of Centerville August 13,2003 Council Meeting Minutes Mr. Schoeberlein indicated that he has not done anything yet because he needs to do research into what is appropriate because it is a major investment. He then indicated that, when his house was built, drain tile and sump pumps were not required and doing so after the fact is costly. Council Member Capra asked what the recommendation from Planning and Zoning was for this matter. Ms. Moore-Sykes indicated that the Planning Commission recommended approval of the MUSA advancement and asked that Council look into the water issues with Mr. Schoeberlein and review the overall drainage plan for the development before the commencement of construction on Phase III. Mr. Palzer indicated that in 1996 or 1997 the City was going to do some ditching in the area because of an ongoing drainage problem in the area but the City does not have easements there and when the City attempted to get them, the City met with resistance from the neighbors. He then said that with the development of Pheasant Marsh water from 8 to 10 acres has been rerouted and no longer goes through his backyard as it had. He then said that the ditch was cleaned out and if that was continued that would help but there is no easement in the area. Council Member Capra asked if the City has the right to have water running off onto that property if there is no drainage easement. City Attorney Hoeft indicated that the City is only going to use easements for drainage and utilities. He then said that if the property owner wants to grant an easement, the City can look at doing the work or the City could look at the benefit of condemning the property for an easement. Mayor Sweeney asked for a map from Public Works of the area to review and discuss at the work session. Mr. Palzer indicated that there was fabric over the drain so the drainage change was not effective until sometime this summer. Mr. Peterson indicated that most of the water comes from the backyards and there are no easements in that area. Mr. Palzer indicated that the City has a few options, but commented that Center Street drains a lot of water through the backyards and when the street is reconstructed the City could look at rerouting water to the north so that it does not drain into the backyards. Council Member Lee asked if there is standing water now. Mr. Schoeberlein indicated there is not but said it has been very dry. Mr. Schoeberlein indicated that if the work done after the pictures were taken solves the water problem he would be happy, but if after a rain storm he still has water, he will be back. Page 3 of 13 City of Centerville August 13, 2003 Council Meeting Minutes VI. PUBLIC HEARING(S) 1. Ordinance #49 - Noise Council Member Capra indicated she contacted the U of M and obtained generalized information on decibel levels. City Attorney Hoeft indicated that in using this type of ordinance in another community, they ran into concerns with regard to prosecution of the ordinance when it was determined that the ambient noise level of the area exceeded the limits of the ordinance. He then suggested that the City take readings in various parts of the City to determine what the ambient noise level is. Mr. Palzer indicated there have been noise complaints on air conditioners and pool pumps. Council Member Capra suggested taking readings at times and places of previous complaints. Council agreed to continue the public hearing and direct staff to purchase two decibel meters and have stafftake readings and report to Council. Motion was made bv Council Member Capra and seconded bv Council Member Paar to continue the public heariDl!:. All in favor. Motion carried unanimouslv. Council Member Capra indicated she has concerns with how the nuisance ordinance relates to the noise ordinance. City Attorney Hoeft indicated that there is a condition in the noise ordinance that indicates an officer can determine that a noise creates a nuisance. Mayor Sweeney continued the public hearing to the next meeting. 2. Pheasant Marsh Phase III - MUSA/Comprehensive Plan Amendment & Final Plat Mayor Sweeney opened the public hearing at 7:05 p.m. Ms. Moore-Sykes indicated that the City has not yet received comments from the Metropolitan Council on the MUSA advancement. She then recommended that any approvals be contingent upon receiving approval from the Met Council. Mr. Runkle indicated that he, his engineer and his attorney were present for the discussion. He then said that, if it is determined that they are the cause of the water issues, they will work diligently with the City to correct the problem. He further commented that the drainage plan was prepared by the City's engineer and approved by the City. Page 4 of 13 City of Centerville August 13,2003 Council Meeting Minutes Mr. Runkle indicated he spoke with Dean Johnson from Resource Strategies this afternoon who feels there should not be an issue with Met. Council's approval but no official word has been received. Mr. Runkle indicated that homes are building out faster than what was anticipated and they would like to continue on. Council Member Capra asked for information on the trail through Phase III. Mr. Peterson indicated the trail will go down the south side of Dupre. Mr. Runkle pointed out on the map where the trail would be located indicating that it goes down the south side of Dupre and then through the high spots of the wetland area. Council Member Capra asked where the trail comes out. Mr. Palzer indicated that the trail comes out near the lift station. City Attorney Hoeft and Mr. Runkle discussed the trail and how it is designated on the plat and Mr. Hoeft indicated that he would be fine with the trail location being within the easement for drainage and utility. Council Member Capra indicated that Mr. Runkle wrote a note with regard to the 60 day waiver. City Attorney Hoeft indicated that as far as he knows the City has no issue from his reading of Mr. Johnson's letter regarding the Comprehensive Plan amendment. City Attorney Hoeft indicated that the final plat could be approved with the conditions that the developer's contract be executed and a response from the Met. Council on the MUSA advancement. Mr. Palzer asked that Council ask that the building pads be larger in the third phase because they have been running into substantial soil correction issues because the houses are larger than the pads. Mr. Runkle indicated the pads should be big enough but some houses are angled on the lot and go off on the comer. He then said that the 50 x 60 should be adequate and they are watching it closely. Mr. Palzer asked that the pads be 60 x 60 to eliminate future soil correction issues. Council Member Capra indicated that she would vote against the advancement of MUSA to remain consistent on her opposition to building out the City faster than scheduled. Motion was made bv Council Member Capra and seconded bv Council Member Paar to close the public hearinl!:. All in favor. Motion carried unanimouslv. Mayor Sweeney closed the public hearing at 7:25 p.m. Page 5 of 13 City of Centerville August 13,2003 Council Meeting Minutes Motion was made by Council Member Paar and seconded by Mayor Sweeney to approve the final plat conditioned upon approval from Metropolitan Council and the execution of the developer's al!reement. Council Member Capra asked if Mayor Sweeney was building any homes in there. Mayor Sweeney indicated he was not. VOTE: Ayes - 2. Navs - 2 (CapralLee). Motion failed. Mayor Sweeney indicated this would be heard before a full Council at the next meeting. VII. NEW BUSINESS 1. Mr. Dave Kilian 1695 Sorel Street (Site Plan Review) Ms. Moore-Sykes indicated that Mr. Kilian had gone before the Planning and Zoning Commission for site plan approval to construct two garages and the Commission recommended approval of the plan as presented. Mayor Sweeney asked the square footage size of the structures. Ms. Moore-Sykes indicated that the one structure had remained the same size but the other had been expanded to 22x24 since the Commission recommendation. Council Member Capra asked whether the request falls within the parameters of 704 square feet. Ms. Moore-Sykes indicated that Ordinance #4 allows for two accessory buildings and does not distinguish whether that is two buildings for a total of 704 square feet or two buildings each of704 square feet. Mr. Kilian of 1695 Sorel Street addressed Council and indicated that it would cost him $2,500 more to build the buildings separately rather than as one and asked for permission to build one building. Ms. Moore-Sykes indicated that going beyond the 704 square feet would require a variance application and the hardship requirements would need to be met. Mr. Kilian indicated he would like to build the main garage 21x33 for a total of 693 square feet and build that this year. He then said he would like to build the other building next year and asked whether that would be an issue with Council. Council agreed that the buildings could be built as planned provided that they meet the ordinance requirements. 2. Peltier Preserve - Developer's Agreement Page 6 of 13 City of Centerville August 13,2003 Council Meeting Minutes Mr. Dave Gonyea addressed Council and indicated that the issue with regard to early payment of assessments had been resolved with the City Attorney. City Attorney Hoeft indicated that he had discussed the issue with Mr. Eilertson and determined that any lost interest would be negligible as the City can call the bonds after only one year. Council Member Capra asked whether Council could discuss reconsidering the park land dedication. Mayor Sweeney indicated that he is of the opinion that a decision was made and he would prefer to discuss the matter before a full Council. Council Member Lee indicated he received calls from residents in the area and they believed they were promised that piece of land for park land and are disheartened by Council's previous decision. Council Member Capra indicated she has petitions of residents there stating that they wanted park property and that was decided by the previous council December 19, 2002. Council Member Paar indicated that he had asked to have this added to the agenda because he would like to reconsider his vote now that he has all the facts. He then explained that he had only the information on potential liability and costs for maintenance, as well as issues for the owner of the parcel it adjoins, for the parkland and was not aware that the previous Council had promised the residents a park within the development. He further commented that now that he knows all of the information and debate leading up to the decision by the previous Council to give residents that land as parkland, he would like to change his vote. City Attorney Hoeft indicated that a Council Member voting in the majority for the motion previously approved could make a motion to reconsider the decision regarding the designation of the area shown as drainage and utility easement. Council Member Lee indicated he was curious as to the hesitance to give this parkland to the residents. Mayor Sweeney indicated he could foresee maintenance and liability issues for kids going back there and he can foresee a few years down the line residents who purchase the property not realizing that was an easement for parkland and wondering why they do not have this lakeshore as part oftheir property. Council Member Capra commented that the property is not even attached to Lot 1. Mayor Sweeney indicated that he is looking at this as a resident who would own the property and people assume things and regardless of whether they should be aware when they purchase the property most are not and that causes issues down the road. Council Member Lee asked for clarification on the liability issue. Page 7 of 13 City of Centerville August 13,2003 Council Meeting Minutes City Attorney Hoeft indicated he does not see a liability issue for the City because the City will just add that piece onto its insurance. He then said it is not the City's responsibility to help someone if they misinterpret something they are purchasing. Council Member Paar indicated he had not changed his mind from pressure of residents contacting him but because he now has all the facts concerning previous Council discussions and promises and he feels it is right to provide this park to the residents because it was promised to them. Council Member Lee commented that the Park and Recreation Committee did not appreciate being left out of the loop with regard to this park issue. Motion was made bv Council Member Paar and seconded bv Council Member Capra to reconsider. Aves - 3. N avs - l(Sweenev). Motion carried. Motion was made bv Council Member Capra and seconded bv Council Member Paar to re-desie:nate the westerlv 50 feet of the drainae:e and utilitv easement currentlv on Lot 1. Block 1 of Peltier Preserve as a drainae:e. utilitv and park easement. Aves - 3. Navs -l(Sweenev). Motion carried. Motion was made bv Council Member Capra and seconded bv Council Member Lee to approve the developer's ae:reement for Peltier Preserve. All in favor. Motion carried unanimouslv. 3. Hunter's Crossing 2nd Addition Developers Agreement & Final Plat Mr. Rick Carlson asked that Council review with him a few aspects of the developer's agreement. He then asked that the escrow be further defined as monies that he would be reimbursed for and not monies that are applied to indirect costs. City Attorney Hoeft indicated that the word escrow means that they are monies that are ultimately reimbursed. Mr. Carlson asked that Council make accommodation for allowing model homes prior to the utilities being completed and indicated that he has four lots that would meet the 150 foot requirements. City Attorney Hoeft indicated his only concern would be that the developer agrees to have the City's engineer check the grade at that lot before the model home is constructed because final grade is not completed at that time. Mr. Carlson indicated he had no problem with that. Mr. Carlson indicated that he had included a center island with landscaping and would like to leave that out as he believes it is a maintenance problem. Council discussed it and agreed to leave the island out because it hampers snow removal and maintaining it becomes an issue. Page 8 of 13 City of Centerville August 13, 2003 Council Meeting Minutes Ms. Moore-Sykes asked how access was being provided to Lot 19. Mr. Carlson indicated that they had applied to the County for road access for Lot 19. City Attorney Hoeft indicated that the final plat could be approved subject to execution of the developers agreement. Council Member Capra indicated she had a question on the height of homes and water runoff issues. Mr. Carlson indicated the heights are similar to the first phase but the roofs are 8/12 pitch. Mr. Peterson indicated that the yards all slope to a pond. Motion was made bv Council Member Lee and seconded bv Council Member Capra to approve the final plat pendine execution of the developer's aereement. All in favor. Motion carried unanimouslv. 4. Pavement Management Plan (Tabled from Previous Meeting) Motion was made bv Council Member Capra and seconded bv Council Member Paar to table the Pavement Manal!ement Plan. All in favor. Motion carried unanimouslv. 5. 2004 North Metro Telecommunications Commission & Media Center Budg;ets Ms. Moore-Sykes indicated that the North Metro Cable Commission is seeking Council approval of the 2004 budgets. Mayor Sweeney indicated that the increase in budget was for the new building. Council Member Capra indicated that PEG fees should cover the bond payment. Mayor Sweeney indicated the City turned its PEG fees over for the bond payment so will not have that money available for cameras and other items. Council Member Capra indicated that the City has some monies still in that equipment fund. Motion was made bv Council Member Capra and seconded bv Council Member Lee to approve the 2004 North Metro Telecommunications Media Center budeets as presented. All in favor. Motion carried unanimouslv. 6. Repair of LaMotte Park Mr. Palzer indicated that the ditch in the County park that is partly on the water utility, partly on City property and partly on County property needs to be repaired. Page 9 of 13 City of Centerville August 13, 2003 Council Meeting Minutes Ms. Moore-Sykes indicated that the City would be splitting the costs three ways and the City's portion would be $1,800. Motion was made by Council Member Capra and seconded by Council Member Lee to approve the repair of the culvert area at LaMotte Park at a cost not to exceed $1.800.00. All in favor. Motion carried unanimously. VIII. OLD BUSINESS 1. Ordinance #77 (Clean Up of Clandestine Drug Lab Sites and Chemical Dump Sites - Draft City Attorney Hoeft indicated that he has reviewed Ordinance #77 and will communicate his revisions to the City Clerk. Ms. Moore-Sykes indicated the police reviewed Ordinance #77. 2. Mound Trail City Attorney Hoeft reviewed the circumstances surrounding collections from Mr. Buechler and the paving of Mound Trail. He then indicated that Staff seeks Council direction on whether to pay to reconstruct beyond Buechler Estates into the cul-de-sac. He further indicated that Council would want Mr. Buechler to come to Council with the amounts for formal approval of the reconstruction. Council Member Capra asked whether the property owners along that street can be assessed. City Attorney Hoeft indicated that the City has not adopted the Pavement Management Plan yet but could consider assessing the property owners for the improvement. He then indicated that the amount, using the proposed calculation would be around $1,200 per property for the road reconstruction. Mr. Peterson indicated that the $54,000 includes doing the cul-de-sac. Mr. Palzer indicated that he had spoken to Mr. Drilling and he fine with that dollar amount. Motion was made by Council Member Capra and seconded by Council Member Lee to approve the reconstruction of Mound Trail based on the recommendation of the City Enl!ineer with the City's portion to cost $54.212. All in favor. Motion carried unanimously. 3. Reconsideration of Park Dedication Land Peltier Preserve This was handled as part of the discussion concerning the developer's agreement earlier in the agenda. Page 10 of 13 City of Centerville August 13, 2003 Council Meeting Minutes IX. ANNOUNCEMENTS/UPDATES 1. Xcel Energv Lift Station Council Member Capra indicated the trees have not been trimmed. She then asked for information on the generator. Mr. Palzer indicated he received information from one vendor and nothing from the other two. He then said that Ziegler, Inc., has several used generators available ranging in price from $10,000 to $14,000 with 5,600 to 7,500 hours all maintained through service contracts. Council Member Capra asked how much a new generator would cost. Mr. Palzer indicated a new generator would cost $25,000 to $30,000. He then indicated that in addition to the purchase price there would be a cost of $2,000 to $5,000 for hookups. Mayor Sweeney asked for something in writing concerning pricing, hours and warranty. Mr. Palzer indicated that he has doubts that the trees are causing the issue. Council Member Capra indicated she saw them working on Centerville Road cutting down branches. Council Member Lee indicated he would like City Staff to contact Xcel and ask them to trim the trees because the power takes out the lift station and that is an issue. Council Member Capra indicated she contacted Xcel and was told to call City Hall and ask City Hall to pressure Xcel to trim them because that is a secondary line and those are not a priority. Council agreed that Staff would contact Xcel and ask that the trees be trimmed. 2. Warming House Council Member Lee indicated it is his understanding that the Lions intend to wait until it is cooler to re-roofthe warming house. Mayor Sweeney indicated that during the festival it was noticed that there is rotting fascia on the warming house but that is not an issue if the City pays for materials it can be repaired or replaced. He then said that the intention was to re-roof the warming house in September. 3. Tri-Citv Meeting Update Council Member Capra indicated that she and Council Members Paar and Lee took a bus tour of the proposed corridor and noted that Columbus Township was added. Page 11 of 13 City of Centerville August 13, 2003 Council Meeting Minutes 4. Eagle Pass Update Ms. Moore-Sykes indicated that sod was laid on Portage Way and the streets have been swept. Ms. Moore-Sykes indicated she was there yesterday and they were working but there is a construction debris pile that Staff could ask them to remove by the end of the week. Council Member Capra asked whether escrow monies could be used to have the pile removed. City Attorney Hoeft indicated that they would need to be notified to remove the debris and then, if they did not do so, the City could do it and charge them. A resident indicated she is concerned because there is a six foot tall pile of dead pine trees and that is a fire hazard in this dry weather. Ms. Moore-Sykes indicated she would call Mr. Quigley tomorrow and ask him to remove it. Motion was made bv Council Member Lee and seconded bv Council Member Paar to notify the developer to remove the debris pile containinl! dead trees bv the end of business on Fridav. AUl!ust 15.2003. All in favor. Motion carried unanimously. The resident thanked Council Member Capra and Mr. Peterson for coming by and talking to them. Council Member Capra indicated there are issues on Pioneer Lane and Mr. Peterson agreed to forward a letter to Mr. Quigley with regard to what needs to be done. Mr. Peterson indicated the letter already went out. 5. Other Issues Council Member Capra asked about R and R Leasing. City Attorney Hoeft indicated there would need to be an executive session at the next meeting to discuss it. Council Member Capra indicated she would like an update and discussion on the rest of the capital projects at that time. Council Member Paar indicated that the EDC is updating the new resident packets and working on plans for Snow Biz. He then said they discussed a City wide meeting concerning County Road 14 and all ofthe road projects going on. Page 12 of 13 City of Centerville August 13, 2003 Council Meeting Minutes Ms. Moore-Sykes asked whether Staff should schedule a joint Planning and Zoning and EDC meeting. She then said that she feels the City should discuss the matter in committee prior to turning it to an open meeting. Council discussed it and agreed to have an all City Committee meeting with Council and the County at the end of September. Council Member Lee asked if Staff received the updated budget from the Parks and Recreation Committee. Ms. Moore-Sykes indicated she was not aware of that and said she would check with Ms. Paulseth. Mayor Sweeney asked when the water tower report would be available. Mr. Peterson indicated that a draft was mailed to Mr. Palzer and it will be discussed at the next meeting. X. ADJOURNMENT Motion bv Council Member Lee. seconded bv Council Member Paar to adiourn the Julv 23. 2003 City Council Meeting at 9:03 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 13 of 13 . . CITY OF CENTERVILLE CITY COUNCIL MEETING AUGUST 27, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City ofCenterville held their regularly scheduled meeting on August 27,2003, at City Hall, 1880 Main Street. STAFF: Mayor Terry Sweeney Council Member Lee Council Member Capra Council Member Paar None. A II City Administran~SYkeS Crty Attomey, Mr. Hoeft City Engineer, Mr. Peterson Public Works Director, Mr. Palzer PRESENT: ABSENT: L CALL TO ORDER Mayor Sweeney called the August 27, 2003, City Council meeting to order at 6:35 p.m. n. SET AGENDA Council Member Capra indicated she would like to discuss the expired TIF district under Old Business. Ms. Moore-Sykes requested that Items 1 and 2 be removed from New Business and requested that discussion of scheduling the Truth in Taxation hearing and a noise permit for a benefit planned by Kelly's be added. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to aoorove the a2enda as amended. AU in favor. Motion carried unanimouslv. Ill. APPROVAL OF COUNCIL MINUTES 1. August 13. 2003 Council Meeting Minutes Motion by Council Member Caora. seconded by Council Member Lee to aoorove the AUI!Ust 13. 2003 Council Meetin2 Minutes as oresented. AIl in favor. Motion carried unanimously. Page 1 of 11 Council Member Broussard Vickers abstained from voting as she was not present at the August 13, 2003 meeting. IV. CONSENT AGENDA 1. The City of Centerville August 14, 2003 through August 27, 2003 Claims for Approval 2. Centennial Fire District Claims Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to approve the Consent A2enda as presented. All in favor. Motion carried unanimouslv. V. AWARDSIPRESENTATIONS/APPEARANCES None. VI. PUBLIC HEARING(S) 1. Ordinance #49 - Noise Mayor Sweeney opened the public hearing at 6:40 p.m. Ms. Moore-Sykes indicated that Staff had provided information on the decibel readings around town as requested. Council Member Broussard Vickers asked City Attorney Hoeft where to start based on the averages provided by Staff. City Attorney Hoeft indicated that in order to prosecute noise violations the violation level has to be higher than the ambient noise level. He then indicated Council would need to discuss the ambient noise level and make a determination as to what decibel level over that would be a violation of the noise ordinance. Council Member Lee indicated he would like to take readings to have a better idea of what types of noises register what reading on the meter. Mayor Sweeney indicated that the ambient noise inside of Kelly's was recorded at 74. Mr. Patzer indicated that pointing the meter across the street from Kelly's still registered a 74. Mayor Sweeney commented that the average noise outside during the afternoon is 68. Page 2 of 11 Mr. Palzer indicated that a constant noise is less annoying than a noise where voices go up and down. Council Member Capra indicated the residents downtown are concerned that the mixed use district decibels will be higher with the commerciallindustriallevels. Council discussed the ambient noise level in the mixed-use area and indicated that due to the mixed use nature of the area the allowable level would need to be higher. Council Member Broussard Vickers indicated she would like to take readings outside across the property line to get a feel for what type of noise registers what level on the decibel meter. Council agreed to set September 11, 2003, at 7:00 p.m. as a meeting to take decibel readings. Motion was made bv Council Member Broussard Vickers and seconded bv Council Member Lee to continue this matter to the September 24. 2003 Council Meetinl!. All in favor. Motion carried unanimouslv. Mayor Sweeney continued the public hearing to the September 24, 2003 meeting. 2. Pheasant Marsh Phase ill - MUSAlComprehensive Plan Amendment & Final Plat Mayor Sweeney opened the public hearing at 6:53 p.m. City Attorney Hoeft indicated that approval required a 4/5ths vote. Council Member Capra indicated that she would not be changing her mind. Council Member Lee indicated that he would like to hear what Council Member Broussard Vickers has to say concerning the matter as she was not at the August 13, 2003 meeting. Council Member Broussard Vickers indicated the two concerns she has are the trail and the water issues. She then asked whether the City Engineer could determine whether draintiling would be appropriate in this development to assist with water drainage. Mr. Peterson indicated he did not feel that would be necessary in this development as most of the yards slope to a pond in the back. Council Member Paar asked if Parks and Recreation has approved the trail location. Mayor Sweeney indicated the trail has not moved from its original planned location. Page 3 of 11 Council Member Broussard Vickers indicated she would be interested in preserving as many trees in the tree line as possible. Mr. Runkle indicated he would be willing to preserve as many trees as possible. Mr. Peterson indicated there are large trees that need to be saved so the trail would need to be shifted over. Mr. Runkle agreed to move the trail over to avoid damage to the large trees. Council Member Broussard Vickers indicated that her concerns are the trail and drainage and she has no problem with the amendment. Council Member Paar indicated he has no issue with the amendment as he would like to get the development done and end the construction. He then said he would be interested in exploring the draintile option because he does not want to have after the fact water issues to deal with. He further commented that he would also be interested in further discussing the pre-sod inspection. City Attorney Hoeft indicated Council would need to discuss the pre-sod inspection and whether that is feasible. Motion was made bv Council Member Broussard Vickers and seconded bv Council Member Paar to aoorove the Comorehensive Plan Amendment Advancinl! MUSA and the Final Plat subiect to execution ofthe develooer's al!reement. Aves - 4. Navs -HCaora). Motion carried. Motion was made bv Council Member Broussard Vickers and seconded bv Council Member Caora to close the oublic hearinl!. All in favor. Motion carried unanimouslv. Mayor Sweeney closed the public hearing at 7:07 p.m. 3. Hunter's Crossing 2nd Addition - Municipal Utilities and Street Improvements (Resolution 03-043) Mayor Sweeney opened the public hearing at 7:07 pm. Council Member Capra expressed concern that the City would assess Eide for water when the water was provided to him by Ground Development when that development went in. Mr. Peterson indicated that Eide will receive sewer and does have water stubbed to the property but has not been assessed for water. Council Member Capra indicated that the assessment would be if the City provides the water stub and the City did not do that so she does not see how the City can assess for water. Page 4 of II Mr. Peterson indicated that he had figured two lots in the calculation because the lot can be split. Mayor Sweeney indicated it would be fair to stub in one and charge for that one if the property can be split. Council Member Broussard Vickers indicated she would like to ask them if they want to incur the cost for the second water stub at this time and, if not, charge them for the sewer and if they want to split the property in the future they incur the costs to bring water to the lot at that time. Council Member Capra asked for clarification on the proposed assessment to Ground Development. Mr. Peterson indicated that there is room between the pond and the trail for a lot or two. Mr. Runkle indicated that he has been looking into the possibility of getting one or two lots in the area discussed and noted that they would still meet the 20% greenspace requirement if they platted those two lots. He then said that he is in the process of obtaining permission from the County for access for those two lots and, if he is able to get access and make them buildable lots they are fine with the assessment. But, if the County will not grant access then the lots are not buildable and they would protest an assessment for water that provides no benefit to the property. Mr. Runkle handed out a letter explaining that they would like to work with the City and accept the assessment if they can subdivide and get access from the County. City Attorney Hoeft indicated that the assessment information was given for Council reference as to whether to move forward with the project and there will be an assessment public hearing in the future. Council Member Broussard Vickers asked if water is accessible to her in the ditch and whether there would be an assessment for that. Mr. Peterson indicated there would be a stub there for future extension to the south but that does not require an assessment at this time because it is just a jog in the pipe to miss the road. Motion was made bv Council Member Caora and seconded bv Council Member Lee to aoorove Resolution #03-043 as oresented. All in favor. Motion carried unanimously. Mr. Carlson indicated that there is 30% for indirect costs and a 5% contingency and he would like to ask Council to direct the consulting engineer to provide a breakdown of the costs before the project and a reconciliation of the costs after the project is done as that was not done last time. Council directed Me. Peterson to provide an accounting of costs before and a reconciliation of those costs afterward. Page 5 of 11 Motion was made bv Council Member Lee and seconded bv Council Member Paar to close the nublic hearinl!. All in favor. Motion carried unanimouslv. Mayor Sweeney closed the public hearing at 7:20 p.m. vn. NEW BUSINESS 1. Resolution 03-046 Ordering Preparation of Report - Municipal Street Proiect Council Member Capra asked why the City has to pay for this when this was just done with the pavement management plan. Ms. Moore-Sykes indicated this is for the feasibility study. Mayor Sweeney explained that the monies just spent on the pavement management plan was for a rating and recommendation of all the streets in the City and this is a feasibility study to begin this particular street improvement project. City Attorney Hoeft indicated that since the City will be assessing costs to the property owners the City is required to complete a feasibility study before moving forward. Council Member Broussard Vickers questioned whether the schedule can be changed to accommodate the City or if setting it this way means that the City has to abide by the schedule set. Mr. Peterson indicated the project would be written to say what the suggested years are, but those dates are not set in stone. City Attorney Hoeft suggested removing the dates to avoid the confusion. Council Member Capra asked how many streets are under 25 years old. Mr. Palzer indicated he did not have that information with him. Council Member Capra indicated she has issues with redoing Peltier Lake Drive but would be fine approving the study. She then said that some of the residents of Peterson Trail would like the road reconstructed and others would just like to have the potholes repaired. Council Member Broussard Vickers indicated that residents do not have that option because it is the function of the City to provide and maintain streets. Council Member Capra indicated she would not agree to do Peltier Lake Drive in 2004. Mr. Peterson indicated Peltier Lake Drive would be the last on the list. Council Member Capra indicated she would like to investigate the potential of borrowing from the sewer fund to fund some of these sewer projects rather than bonding out for all Page 6 of 11 of it. She then suggested looking into whether the fund is healthy enough to make that feasible. Motion was made bv Council Member Broussard Vickers and seconded bv Council Member Capra to approve Resolution #03-046 as presented. AU in favor. Motion carried unanimouslv. 2. Truth-in- Taxation Hearing Ms. Paulseth suggested setting December 1,2003 as the truth-in-taxation hearing date. Motion was made bv Council Member Broussard Vickers and seconded bv Council Member Lee to reschedule the November 26. 2003 Council MeetinS! to December 1. 2003 and have that as the truth-in-taxation hearinS!. To set December 10.2003 as the continuation hearinS! and to move the December 24. 2003 Council MeetinS! to December 23. 2003. AU in favor. Motion carried unanimouslv. 3. Kelly's Noise Permit for Benefit Council Member Capra asked that Kelly's end the benefit concert at 11:00 p.m. in consideration of the residents in the area. Motion was made bv Council Member Capra and seconded bv Council Member Paar to approve a noise permit for a benefit concert at Kellv's on Seotember 28. 2003 from 11:00 a.m. to 11:00 p.m. AU in favor. Motion carried unanimouslv. vm. OLD BUSINESS 1. Hunter's Crossing Developer's Agreement Council Member Broussard Vickers asked if this agreement has the pre-payoff wording in it. Ms. Paul seth indicated the bond would be structured so that there is no need for language in the developer's agreement so there should be little to no risk for the City. Council Member Broussard Vickers asked whether the City can deny a 429 request. City Attorney Hoeft indicated the City does not have to agree to the 429 but usually does so to allow the City's engineer to do the work and provide some control over it. He then said there is very little risk to the City. Council Member Capra asked whether there is any recourse to require additional storm sewer flushing if required. City Attorney Hoeft indicated that the amount in the document establishes an escrow and if there were additional storm sewer flushing required the developer is responsible for that. Page 7 of II City Attorney Hoeft indicated that he would provide the changes brought up by Mr. Carlson to the City Clerk for incorporation into the document and the document would be provided in packets for the next meeting. Council Member Capra asked who makes up the review committee concerning the covenants. Mr. Carlson indicated that it was him and one other person from his office. Council Member Capra commented that temporary structures are not allowed and asked whether that would preclude kids from pitching a tent in the backyard. Mr. Carlson indicated that the covenants are not designed to govern the children tenting in the yard, it is designed to keep unsightly temporary structures out. Council Member Broussard Vickers asked whether Mr. Palzer had any issues with the model home permits. Mr. Palzer indicated he did not. Motion was made by Council Member Broussard Vickers and seconded by Council Member Caora to table this matter to the next Council Meetinf!. All in favor. Motion carried unanimously. 2. Ordinance #77 Clean up of Clandestine Drug Lab Sites City Attorney Hoeft reviewed his proposed changes to Ordinance #77 and said he would discuss the changes with the City Clerk before a final document is provided to Council. Council Member Capra asked if the Building Official would need specific training for this. City Attorney Hoeft indicated the City's ordinance anticipates that the City would have a lead person that this would go through but this ordinance uses the Building Official. Ms. Moore-Sykes indicated that the City participates in the Anoka County Hazmat team so the Building Official would be working with the Hazmat team. Council Member Broussard Vickers suggested adding Building Official or designee to the language. 3. Water Tower Feasibility Report Council Member Lee expressed concern that the report indicates that the minimum lot size for constructing a water tower is 250 x 250 and this site is 150 x 300. He then said it would have been nice to know the size requirement prior to spending the money on the soil testing if that is an issue. Page 8 of 11 Mr. Peterson indicated that is an ideal or optimum and said that the 150 x 300 site will be adequate but the City may need to obtain permission to use extra room during the construction. Council discussed renting property from the adjoining property owner and City Attorney Hoeft indicated there would be a formula available to calculate the value of renting the property. Council asked how far from the existing building the tower would be located. Mr. Palzer indicated it would be approximately 100 feet from the building. He then indicated that the fluted tower affords the City inside storage. Council Member Broussard Vickers asked if there would be an issue with casting shadows for a few hours per day on the homes near the tower. City Attorney Hoeft indicated there would not be an issue with casting shadows. Council Member Capra asked why there is $181,000 for engineering and legal fees. Mr. Peterson indicated that the biggest requirement when building a tower is design. He then said that it figures out to approximately 18% for design and inspection. Motion was made by Council Member Capra and seconded by Council Member Lee to accept the water tower feasibility study. All in favor. Motion carried unanimously. Council asked that this matter be set for public hearing at the second meeting in September. 4. Lift Station Generator Motion was made by Council Member Capra and seconded by Council Member Paar to approve the purchase of a l!enerator and the necessary electrical connections to operate all lift stations in an amount not to exceed $20.000. All in favor. Motion carried unanimously. 5. Expired TIP District Ms. Paul seth asked for direction as to whether to place this matter on the agenda to return the $140,000 to the County. Council agreed to discuss the matter at its next Council Meeting. City Attorney Hoeft recommended contacting Mr. Steve Bubul to discuss the matter. He then said that he does not feel that returning the funds has any affect on the litigation. Page 9 of 11 IX. ANNOUNCEMENTSIUPDATES 1. Xcel Energy Lift Station Mr. Palzer indicated that the outage was attributed to a dead tree that fell during one of the stonns but said the tree trimmers will look at Mill Road. 2. Mound Trail Reconstruction Mr. Peterson indicated that he would be meeting with Mr. Buechler, Mr. Drilling and the superintendent of the contractor to discuss the matter. He then said that he had been told that the project would be able to proceed the third week of September. 3. CounciVCommitteelCommissionlCounty Joint Meeting Ms. Moore-Sykes recommended either October 1, 2003 or October 7, 2003 for the joint meeting. There was consent of Council to set the joint meeting for October I, 2003 Ms. Moore-Sykes indicated she would contact the elementary school 4. Historic Information Council Member Capra indicated that previous Councils have allowed her to photocopy historic information in her capacity as City Historian and asked for permission to continue to do so. There was consent of Council to allow photocopying by the City Historian on items related to City history. 5. Rubbish Hauler Contract & Ordinance Council Member Capra indicated that a hauler had sent out a flier indicating residents could save by switching. She then asked if the City could fine any haulers soliciting business within the City. City Attorney Hoeft indicated that it is not possible to restrict a competitor. Council Member Capra asked whether the City could be challenged by a resident who would want to use another hauler for garbage pickup. City Attorney Hoeft indicated that residents could try to do so but would be unsuccessful. Ms. Moore-Sykes indicated that she received a call from Chief Heckman and Anoka County has sirens for sale and asked if the City is interested in having another siren. PagelOofll Mr. Palzer indicated the two the City currently has are adequate and provide very good coverage. Council agreed that it was not necessary to purchase an additional siren at this time. Mayor Sweeney indicated that Council would be adjourning to closed session. Ms. Hannah Tilsen from the Hugonian indicated that she formally objected to the closure of the meeting based on Minnesota Statutes that prevent the closing of a meeting unless the reason is to consult with the Attorney on pending litigation not litigation that is threatened. City Attorney Hoeft indicated that this is for pending litigation. x. ADJOURNMENT The meeting was adjourned to a closed session at 8:35 p.m. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 11 of 11 . CITY OF CENTERVILLE CITY COUNCIL MEETING SEPTEMBER 10, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on September 10, 2003, at City Hall, 1880 Main Street. STAFF: Mayor Terry Sweeney Council Member Tom Lee Council Member Mary Capra Council Member IeffPaar None. AP City Administrator, Ms. re- y City Attorney, Mr. Hoeft City Engineer, Mr. Peterson PRESENT: ABSENT: L CALL TO ORDER Mayor Sweeney called the September 10, 2003, City Council meeting to order at 6:35 p.m. ll. SET AGENDA Mayor Sweeney requested that the Lions and Mr. Bill Bisek be added under appearances. Council Member Capra requested that a discussion on repeat ordinance offenders be added under New Business and an update on the Fire Steering Committee be added under updates. Mayor Sweeney indicated that Ordinance #5 would be moved ahead of awards and appearances to accommodate the Police Chief Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to _oorove tbe a2enda as amended. All in favor. Motion carried unanimouslv. m. APPROVAL OF COUNCIL MINUTES 1. August 27.2003 Council Meeting Minutes Page 1 of9 Mayor Sweeney requested the following changes: On Page 4, remove the word for after if On Page 10 of 11 remove the word got. Council Member Capra requested the following change: On Page 3, the motion was to continue not to table. Ms. Moore-Sykes requested the following change: On Page 9, change the spelling of Bugle to Bubul. Motion by Council Member Broussard Vickers. seconded by Council Member Caora to aooroye the AU2ust 27. 2003 Council Meetin2 Minutes as amended. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1. The City of Centerville August 28, 2003 through September 10, 2003 Claims for Approval 2. Centennial Fire District Claims 3. Resolution #03-045 Closing TIF District 1-3 Capital Project Fund 4. Parks & Recreation Committee Recommendations Motion by Council Member Lee. seconded by Council Member Paar to aoorove the Consent A2enda as oresented. All in favor. Motion carried unanimously. V. A W ARDSIPRESENTA TIONS/APPEARANCES 1. CenterviIle Lions The Centerville Lions thanked the City for their support of the Festival and presented Mayor Sweeney with a donation check in the amount of $500 for Parks and Recreation from the shave the Mayor campaign. The Lions requested that the City waive the fee for the temporary event liquor license for the Phil Todd benefit event and indicated there would be a Lion membership event at Chauncey Barrett Gardens on October 9,2003. Mr. John Thill provided Council with an accounting of the expenses from the 2003 parade, as well as, a comparison of costs to the 2002 parade. He also indicated that it would make organizing the event easier if they had walkie talkies for communicating with parade volunteers and asked for permission to research the costs and provide a report to Council for possible use of leftover funds to purchase walkie talkies. Council agreed to hear any proposal on the walkie talkies and said they would like them, if purchased, to be stored at Public Works for use as emergency communication during a disaster. Page 2 of9 2. Mr. Bill Bisek Mr. Bisek addressed Council and indicated that if there was any missing information in his application he would be happy to provide it. He then said that Chief Heckman had asked that they have one off duty officer hired for security and noted he would also have 20 security people of his own at the event. He further commented that they have a permit from the school district for overflow parking and would also like to utilize the park and ride area at the old Public Works site and would need to use a few cones to line up the cars. Motion bv Council Member Caora. seconded bv Council Member Lee to aoorove the soecial event aootication for Phil Todd's Memorial Benefit on Seotember 28. 2003 from 11:00 a.m. to 11:00 o.m. All in favor. Motion carried unanimouslv. Motion bv Council Member Caora. seconded bv Council Member Paar to aoorove the temporary event liquor permit for the Centerville Lions for the Phil Todd Memorial Benefit on September 28. 2003 and waive the fee. All in favor. Motion carried unanimouslv. VI. PUBLIC HEARING(S) 1. Mr. and Mrs. Paulsen (1764 Main Street) Street Easement Vacation Mayor Sweeney opened the public hearing at 7:00 p.m. Ms. Moore-Sykes indicated that this matter was before the Planning and Zoning Commission and they recommended approval of the vacation. She then indicated she had received a letter from Ms. Lori Peterson of the Eagle Pass Twin Townhome Association that raised concerns and she had contacted Ms. Peterson to discuss those concerns. She further commented that Ms. Peterson indicated that she understood the request and had no further issue with it after the discussion. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to close the public hearin2. All in favor. Motion carried unanimouslv. Mayor Sweeney closed the public hearing at 7: 10 p.m. City Attorney Hoeft recommended that Council direct Staff to prepare a legal description for the exact location of the vacation for approval at the next Council meeting. 2. Mr. Glenn Rehbein (1421 Mound Trail) Lot Split/Combination Request Mayor Sweeney opened the public hearing at 7: 12 p.m. Council Member Broussard Vickers indicated that Planning and Zoning Commission recommended approval of this request. Page 3 of9 Council Member Capra asked whether Lot 10 would be large enough by ordinance standards. Mr. Bart Rehbein, 1421 Mound Trail, indicated the lot would be a little over 15,000 square feet. City Attorney Hoeft indicated a legal description would be needed for the 13 foot piece that is being split off. Mr. Rehbein agreed to provide that legal description to the City. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to close tbe nubUc beannS!. AU in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 7: 14 p.m. 3. Mr. Paul Kellier (Sedona Homes 7035 20th Avenue) Parkin8 Space Variance & Preliminary Site Plan Approval Mayor Sweeney asked if there was a change made for width of parking spaces. Mr. Kellier indicated the parking was made wider. Mayor Sweeney asked whether the County had any issues with the access. Mr. Paul Kellier, Sedona Homes, indicated he reviewed the plan with the Fire Chief and the County. The Fire Chief made mention that one entrance is all that would be allowed and the County concurred. The entrance was widened and a landscaped buffer added to separate inbound and outbound traffic. Mayor Sweeney commented that this property was directly south of Public Works and asked whether the applicant was aware of the proposed water tower. Mr. Kellier indicated that he was aware of it and it does not pose an issue for him. Mayor Sweeney indicated the City may need to rent a portion of the land to store equipment and supplies during the construction. Mr. Kellier indicated that he was willing to work out a temporary arrangement with the City. Council Member Capra indicated that she did not see the need for a variance. Council agreed that no variance was needed. City Attorney Hoeft indicated there is no issue with the interpretation, but suggested the City may want to revisit the language of the ordinance to clarify two story office buildings. The City Engineer provided a list of recommended changes for the site plan. Page 4 of9 Council discussed the entrance plantings and agreed to allow them provided the association maintained them. Mr. Kellier reviewed the issues outlined in the letter and indicated he had no issue with them. Motion bv Council Member Lee. seconded bv Council Member Paar to close the DubUc hearinS!. All in favor. Motion carried unanimouslv. Mayor Sweeney closed the public hearing at 7:25 p.m. Motion bv Council Member Broussard Vickers. seconded bv Council Member CaDra to aDDrove the DreUminarv Dlat for CenterviUe Town Office Park with the corrections as reouested bv the City ED2ineer with the exceDtioD of Dumber one. All in favor. Motion carried unanimouslv. vn. NEW BUSINESS 1. Ordinance #5 Firearms - Chief Joel Heckman Ms. Moore-Sykes indicated she had invited Chief Heckman to come to Council to discuss the proposed language amendments to Ordinance #5. Council Member Broussard Vickers indicated that the Planning and Zoning Commission had discussed the proposed changes to the Ordinance and recommended approval with the only question being the 60 day waiting period. Chief Heckman addressed Council and indicated that his department has not been able to dispose of weapons since 1976 and the BCA has agreed to dispose of them for the City and do all necessary investigations into ownership. He then said he is not concerned with making the time frame longer but needs the change to allow for disposal. Council Member Capra indicated she did not have an issue with the changes to the firearms ordinance. She then said that there was concern over the goose hunting season and people shooting geese off of Center Street. She also asked for information on what type of ammunition and guns are allowed to be used for hunting in the City. Chief Heckman indicated that the officers on duty at the time checked and the hunters were in compliance with the ordinance. He then said he would need to review the ordinance to determine what types of guns and ammunition are allowed for hunting. Council Member Capra asked for clarification as to what time hunting can start in the morning. An audience member indicated that hunting is allowed 30 minutes before sunrise and 30 minutes after sundown. He then suggested contacting the DNR for further information on the hunting guidelines and regulations. Page 5 of9 City Attorney Hoeft indicated that the 65-day period would cover the City on the abandonment period of 60 days. 2. Resolution #03-044 Proposed Tax Levy Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to approve Resolution #03-044 approvin!!: the Prooosed Tax Levv for 2004 and establishin!!: the date and time for tbe trutb-in-taxation bearin!!:s. All in favor. Motion carried unanimouslv. 3. Per Diem Disbursements Ms. Moore-Sykes indicated that Staff was asked to forward this item to Council for consideration. She then explained that the Planning Commission had recommended reducing the per diem rate to $10 from $20 in an attempt to save the City money and recommended that other Committees do the same. Council discussed the matter and asked Staff to thank the Planning Commission for its gesture but indicate that Council would like to keep the per diem at $20.00 as it allows people to use their per diem payment to pay a babysitter and that will enable residents to volunteer. 4. Repeat Offenders - Ordinance Violations Council Member Capra indicated that Chief Bennett had discussed at the Fire Steering Committee meeting the possibility of raising fees for additional compliance checks for repeat ordinance offenders. City Attorney Hoeft indicated that the City would need to look at its ordinances and determine what needs to be amended and create an inspection fee schedule that can be modified by resolution rather than amending the ordinance to change the fees. Council Member Capra indicated there is a recurrent problem with people burning green treated wood and the police go and tell them to put it out but they do it again as there is no real consequence. Council Member Broussard Vickers indicated the City had discussed using administrative offenses and suggested that be looked into. City Attorney Hoeft indicated that there is a bit of an issue with administrative fees because the legislature feels the state is losing revenue to administrative fees so the League of Minnesota Cities and City Administrators are working on the matter. The concern is that the legislature will restrict what types of offenses the City can use administrative offenses for and the City will lose even more control. He then said that the recommendation will likely be to limit the administrative fines to ordinance violations and leave the misdemeanor traffic to the court system and the fees to the state. Page 6 of9 Council Member Broussard Vickers indicated that Ordinance #4 would be the place to start and asked Staff to begin the process so that the changes could be made for the first of the year and the fines adopted by resolution in January. Council Member Broussard Vickers suggested Staff work on a cost analysis for repeat visits and address the ones that they are out most frequently on. Council Member Paar indicated that this came up with snowmobilers as the fee is $25 and he would like to see the fine larger, perhaps $300 to provide an incentive to follow the rules. He then said that he is a snowmobiler who follows the rules and the rest of the snowmobilers who do would not be affected by a larger fine, but those that are ruining things for those that follow the rules would have to pay a larger fine and perhaps that would be an incentive to follow the rules. vm. OLD BUSINESS I. Hunter's Crossing Developer's Agreement Ms. Moore-Sykes indicated that she had received an email this afternoon from Mr. Carlson indicating he had no issues with the language for the model homes incorporated into the developer's agreement. City Attorney Hoeft indicated that he was in Court and his assistant had provided this information to the City Clerk from his notes and there are a couple of changes. He then asked that on Page 3 it indicate that preliminary plat approval by the City and final lot grade is approved. Motion bv Council Member Lee. seconded by Council Member Broussard Vickers to aooroye the Hunter's Crossini! Deyelooer's Ai!reement with the noted chan2es. All in favor. Motion carried unanimouslv. 2. Mr. Henry Vote!. Additional 120 Day Extension Request Ms. Moore-Sykes indicated that Mr. Votel sent a fax asking for an additional 120 day extension. Motion by Council Member Caora. seconded by Council Member Paar to aoorove the additional 120 day extension reouested bv Mr. Votel. All in favor. Motion carried unanimouslv. 3. Resolution #03-047 - Acceptance of the Water Tower Feasibility Study Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to aoorove Resolution #03-047 as amended. All in favor. Motion carried unanimouslv. Page 70f9 Council Member Broussard Vickers amended her motion to correct the heading of the resolution and the hearing date to September 24,2003. IX. ANNOUNCEMENTSIUPDA TES 1. Mound Trail Reconstruction Ms. Moore-Sykes indicated that at the pre-construction meeting with the contractor, Staff agreed to send out a letter telling residents on Mound Trail of the impending reconstruction so they are aware and those letters went out last week. Construction will commence on September 22, 2003. 2. CounciVCommittee/CommissionlCounty Joint Meeting Ms. Moore-Sykes indicated that October does not work for Mr. Fischer, Anoka County, and he has recommended rescheduling the meeting to sometime in November when he would have further information available for discussion. Council agreed to reschedule the meeting to November. 3. Fire Steering Committee Council Member Capra indicated the Fire Steering Committee met on August 28, 2003 and Chief Bennett presented his budget. She then indicated that due to the continued development in Centerville, the City's cost for services will increase slightly this year and Chief Bennett will be in attendance and the next meeting to present the figures to Council. Council Member Capra indicated the overall percentages would go from 12.6 to 12.9 and Chief Bennett will be here for approval of the budget in a few weeks. Mayor Sweeney indicated he would not be able to attend the noise ordinance meeting as he has the police commission meeting. Ms. Moore-Sykes indicated she spoke to the Administrator from Circle Pines and that Council proposes no increase in the police budget from 2003 to 2004 for a reduction of 3%. She further commented that she would be receiving information on the exact details soon but the Council wants to put together a task force to assess building needs and recommends that the task force consist of an elected Council Member and the City Administrator. Council Member Lee volunteered to join task force. Page 8 of9 Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to appoint Council Member Lee to the task force. AU in favor. Motion carried unanimouslv. Council Member Paar indicated there was no EDC meeting and it was rescheduled for next Tuesday. He then said that he would be unable to attend the noise meeting. Council agreed to reschedule the noise meeting for September 28, 2003 at 4:00 p.m. Council Member Capra asked that Staff notify the Hugonian as they intend to attend the noise meeting. Ms. Moore-Sykes indicated that Staff would be facilitating the quarterly business meeting on September 11, 2003 at 3:30 p.m. and said the topic would be conceal and carry legislation. X. ADJOURNMENT Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers to adiourn the Seotember 10. 2003 City Council meetin~ at 7:58 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 9 of9 CITY OF CENTERVILLE CITY COUNCIL MEETING SEPTEMBER 24, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on September 24,2003, at City Hall, 1880 Main Street. STAFF: Mayor Terry Sweeney Council Member Lee Council Member Capra Council Member Paar None. A II City AdministranrSykes City Attorney, Mr. Hoeft City Engineer, Mr. Peterson PRESENT: ABSENT: I. CALL TO ORDER Mayor Sweeney called the September 24, 2003, City Council meeting to order at 6:35 p.m. n. SET AGENDA Council Member Capra requested that Lifetime Achievement Award be added under updates. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to approYe the al!enda as amended. All in favor. Motion carried unanimously. m. APPROVAL OF COUNCIL MINUTES 1. September 24. 2003 Council Meeting Minutes Mayor Sweeney requested the following changes: On Page 3 of 9, first paragraph, second sentence remove "the" before Chief. On Page 6 of 9, second to last paragraph change offenses to fmes. Council Member Capra requested the following change: On Page 5 of 9 in the motion capitalize Lee. City of Centerville September 24, 2003 Council Meeting Minutes Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to approve the September 10.2003 Council Meetine: Minutes as amended. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1. The City of Centerville September II, 2003 through September 24, 2003 Claims for Approval 2. Centennial Fire District Claims 3. Pay Request #2 - Dave Perkins Construction ($198,054.58) Peltier Preserve Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to approve the Consent Al!enda as presented. All in favor. Motion carried unanimously. Council Member Lee indicated Council received an updated disbursements list before the meeting and asked what the changes were. Ms. Moore-Sykes indicated that the change was to bring the City to the current date on disbursements. VOTE: All in favor. Motion carried unanimously. V. A~ARDS~RESENTATION~APPEARANCES 1. Fire Chief Milo Bennett - Fire District Budget 2004 Fire Chief Bennett appeared before Council to present the 2004 budget for the Centennial Fire District noting that they are aware of reduced funding. He then provided an overview of the budget and indicated they have been careful to reduce in areas where it was possible. Fire Chief Bennett indicated that the budget for 2004 is 1.12% below that of 2003. He then indicated that the cost per citizen has been moving very slightly down since 1990 and for 2004 the cost per citizen in Centerville is $24.10. Council Member Capra indicated that one of the things that the steering committee agreed to is that the capital equipment had to remain at $100,000 as that is the only way to keep up with costs for replacing vehicles. Fire Chief Bennett indicated that the trucks are on a 20-year replacement cycle but are very expensive to replace when the time comes. Council Member Lee commended Chief Bennett on reducing the budget. Page 2 ofl4 City of Centerville September 24, 2003 Council Meeting Minutes Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to approve the 2004 bud2et for the Centennial Fire District. All in favor. Motion carried unanimously. 2. 7016 and 7020 Brian Court (Prooertv Line Dispute) Mr. Jerry Carlson, 7020 Brian Court, indicated that Ms. Jarosz was told this matter was a civil issue and he does not understand why Staff is not handling a basic code issue. Ms. Moore-Sykes indicated that this was initially a lot line dispute. Mr. Carlson asked where Staff got that information because that is not the issue. He then said he made a complaint because his neighbor's shed is 36 3/8 inches off the property line and not the required 60 inches. He further indicated that there are benchmarks at the comers. Ms. Moore-Sykes indicated that the City received a survey from Mr. Carlson as requested and Staffhas been reviewing the matter with the City Attorney as a lot line dispute. Council Member Capra indicated she spoke to Ms. Jarosz concerning the matter and then indicated the matter was left at bringing a survey to City Hall for Staff to verify and measure from the irons. Mr. Carlson indicated that both benchmarks are there and a line could be strung to make the lot line determination. Mr. Carlson indicated that Mr. Cook confIrmed that the shed is too close to the property line. He then indicated he feels the shed is able to be moved and that is what he has asked for. Mr. Carlson indicated he has had problems with them and earlier this spring every day someone was knocking on his door but 90 days have elapsed and nothing has been resolved with his complaint. City Attorney Hoeft indicated the survey provided does not help and said that an as built survey for the other property indicating where the shed is located is needed. Ms. Moore-Sykes indicated she looked in the property files and has nothing for the other property but they maintain the shed was approved when they built it. Council Member Broussard Vickers indicated the City needed to fInd out when the shed was built. City Attorney Hoeft indicated that he would need the survey to prove in court where the shed is located on the property. He then indicated that Staff should look into whether there is a drainage and utility easement that the shed is located in as well as what kind of Page 3 off 4 City of Centerville September 24, 2003 Council Meeting Minutes approval process the property owners went through for the shed, when it was built and what the size of the shed is. Council Member Broussard Vickers asked if Staff could send a letter to ask for the dimensions of the shed and when it was built. City Attorney Hoeft indicated that if the property owner would like to disclose that infonnation it would be to their advantage but they are not required to do so. Council Member Broussard Vickers directed Staff to determine if the shed is in the easement, the size of the structure and the year it was built. Mr. Carlson asked for a timeline of when to expect action. Council asked Staff to provide an update at the next Council meeting VI. PUBLIC HEARlNG(S) 1. Proposed Construction of a New Water Tower 500.000 Gallons Mayor Sweeney opened the public hearing at 6:41 p.m. Fire Chief Bennett asked if the City was planning on removing the old water tower. Council indicated that the old tower would be removed. Council Member Capra indicated the existing water tower had been purchased used and Council has discussed selling it for the cost of removing it. She then indicated that the City has a healthy water fund that will be funding the construction ofthe tower. Mayor Sweeney indicated the proposed costs to construct the water tower are approximately $1.086 million but that cost will not be assessed to residents. He then indicated that the composite water tower column is concrete and does not have to be painted which will save the City a lot of money in maintenance. Council Member Capra indicated the estimated cost to paint the tower was $60,000 - $100,000 each time so, even though the composite tower costs more initially to construct, the City will come out ahead in long term maintenance as it does not need to be painted. Council Member Broussard Vickers indicated the study is available at City Hall for review. Motion bv Council Member Lee. seconded bv Council Member Paar to close the public hearinS!. All in favor. Motion carried unanimouslv. Mayor Sweeney closed the public hearing at 6:45 p.m. Page 4 ofl4 City ofCenterville September 24, 2003 Council Meeting Minutes VII. NEW BUSINESS 1. Resolution #03-048 - Lot Split/Lot Combination (Mr. Glenn Rehbein) Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to approve Resolution #03-048. All in favor. Motion carried unanimouslv. 2. Centerville Lion's Request to Use 1694 Sorel (Old Public Works Site) for Haunted House Mayor Sweeney indicated the Lion's are seeking approval to use the old public works site for the haunted house again this year. He then asked for approval to make some temporary walls in the garage area and to paint some existing halls as well. Council Member Capra indicated she would like the bars left on the windows. Mayor Sweeney indicated the haunted house would be held October 23, 24, 25, 2003 from 6:00 p.m. to 10:00 p.m. Council Member Capra asked that the fire department review it for safety. Fire Chief Bennett indicated they would take care of it. Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers to approve the use of the old public works site bv the Centerville Lions for the haunted house and approve the wall paintine:. temporarY wall construction and to require a fire department insoection of the haunted house. Aves - 4. Navs - O. Abstain - 1(Sweenev). Motion carried. 3. Centennial Lakes Police De.partment Letter Ms. Moore-Sykes indicated that the City of Circle Pines has submitted a letter indicating that they cannot afford to contribute the dollar amount requested by the Police Commission for the 2004 budget and indicating they intend to contribute the same amount as 2003. Mayor Sweeney indicated the percentages changed and the City of Circle Pines has gone up while the other two have gone down. He then said that if the City of Circle Pines does not provide the amount asked by the Commission then it means that they cannot hire the two officers that they are down or it puts them in a position of hiring the two replacement officers and asking the other officers not to take pay increases. Council Member Capra asked if the City of Circle Pines is saying they cannot afford their contribution. Page 5 of 14 City ofCenterville September 24, 2003 Council Meeting Minutes VII. NEW BUSINESS I. Resolution #03-048 - Lot Solit/Lot Combination (Mr. Glenn Rehbein) Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to approve Resolution #03-048. All in favor. Motion carried unanimouslv. 2. Centerville Lion's Reauest to Use 1694 Sorel (Old Public Works Site) for Haunted House Mayor Sweeney indicated the Lion's are seeking approval to use the old public works site for the haunted house again this year. He then asked for approval to make some temporary walls in the garage area and to paint some existing halls as well. Council Member Capra indicated she would like the bars left on the windows. Mayor Sweeney indicated the haunted house would be held October 23, 24, 25, 2003 from 6:00 p.m. to 10:00 p.m. Council Member Capra asked that the fire department review it for safety. Fire Chief Bennett indicated they would take care of it. Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers to approve the use of the old public works site bv the Centerville Lions for the haunted house and approve the wall paintinl!. temporarY wall construction and to require a fire department inspection of the haunted house. Aves - 4. Navs - O. Abstain - l(Sweenev). Motion carried. 3. Centennial Lakes Police Department Letter Ms. Moore-Sykes indicated that the City of Circle Pines has submitted a letter indicating that they cannot afford to contribute the dollar amount requested by the Police Commission for the 2004 budget and indicating they intend to contribute the same amount as 2003. Mayor Sweeney indicated the percentages changed and the City of Circle Pines has gone up while the other two have gone down. He then said that if the City of Circle Pines does not provide the amount asked by the Commission then it means that they cannot hire the two officers that they are down or it puts them in a position of hiring the two replacement officers and asking the other officers not to take pay increases. Council Member Capra asked if the City of Circle Pines is saying they cannot afford their contribution. Page 5 of14 City of Centerville September 24, 2003 Council Meeting Minutes Mayor Sweeney indicated the police budget is a 3% increase for 2004 but it figures to a little more than that for the City of Circle Pines. He then indicated that if the cities cannot come to an agreement then there is a default increase is approximately 2.5%. Council Member Capra expressed concern that the City of Circle Pines cannot afford the 2004 budget but is proposing a new police building. Mayor Sweeney indicated that the new building is not something that comes up in 2004 it comes up later and can be assessed or bonded for. Council Member Broussard Vickers asked if the City of Centerville and the City of Lexington choose to put the amount in, is there a way to allocate that staff serve those two cities and not the City of Circle Pines. Mayor Sweeney indicated that was not possible. Council Member Capra asked whether the City of Lexington has given any feedback concerning the police budget. Mayor Sweeney indicated that at the police commission meeting, the Mayor of Lexington did not seem happy with this letter from the City of Circle Pines. Council asked Staff to direct a letter to the City of Circle Pines indicating that the City of Centerville would like them to contribute the amount requested as the City feels it is important to fund the police department even in tight budget times. 4. Pheasant Marsh. Phase ill Develooer's A~eement Council Member Capra asked for clarification of the location of the trail. Council Member Broussard Vickers indicated it was the intention for the trail to go behind and hit the high spot on the edge and up to the corner with the thought that from that point the City would work on getting it to 20th Avenue. Council Member Broussard Vickers asked whether the agreement had the wording regarding prepayment or if Staff was structuring the bond appropriately to account for that. City Attorney Hoeft indicated that Staff would structure the bond to account for the prepayment. He then reviewed the changes to the agreement including increasing the building pad sizes to 60 x 60 as requested by Mr. Palzer. He also reminded Council that the improvements were getting close to the amount of the waiver. Council Member Broussard Vickers asked if the City could ask for a waiver on this phase. City Attorney Hoeft indicated that there is a waiver on the original agreement and Page 6 of14 City of Centerville September 24, 2003 Council Meeting Minutes based upon the value of the property he does not think the City would have an issue proving that the benefit exceeds the costs. Council Member Broussard Vickers commented that the only way to protect the City from incurring costs if the amounts were contested would be to require a waiver for this phase. She then indicated that she would like to see new waiver language to protect the City in this phase of the development especially in light of the fact that there was not contesting in the formal sense, but significant questions during the previous phase. Council Member Capra commented that the original bonding is costing the City $130,000 because of early payoffs and she is concerned about any future costs being brought on by Phase m. Council Member Lee indicated he would like to see a waiver as well to protect the City from unexpected costs. Council Member Paar agreed. Ms. Karen Marty, the attorney for Ground Development indicated that she and Mr. Hoeft had gone through the developer's agreement for Phase I extensively and this document is very similar so she has no questions. She then indicated that Mr. Runkle is concerned with some of the fees and would like an explanation. Mr. Runkle indicated that there were four street sweepings at $150 and now that price is $250. He also indicated that gravel/silt fencing increased from $150 to $500 and the increased costs have increased the required letter of credit from $4,200 to $14,000. City Attorney Hoeft indicated that the developer's concern lies in the fact that the increased estimated costs results in a higher dollar figure for the 150% retainage required for the letter of credit. Council Member Broussard Vickers commented that she did not feel that $15,000 was going to significantly impact a corporation the size of Ground Development. Council Member Capra commented that this developer has asked in the past to reduce the 150% retainage amount and the previous Council said no. Council Member Broussard Vickers indicated she did not feel that it was a significant cost especially since the City had to payout for the first phase. She further commented that any costs associated with the increased fmancing for the development could be absorbed in the sale prices of the lots. Ms. Marty indicated there is an Exhibit B but the document does not refer to an Exhibit B. City Attorney Hoeft indicated the document was for informational purposes. Page 7 ofl4 City of Centerville September 24, 2003 Council Meeting Minutes Ms. Marty indicated that the waiver in the developer's contract waived the right to appeal for all three phases. City Attorney Hoeft indicated that the situation before Council is that the development contract is asking the City to put in improvements under the 429 process and part of the question is if the City chooses not to do that, the developer may have some costs involved in that. He then said that it needs to be worked out how the improvements are put in and who pays for it. Council Member Broussard Vickers indicated she did not think that signing the waiver posed a significant financial risk to the developer. Ms. Marty indicated she disagreed because the original estimate was for all three phases and when the bids were agreed to for Phases I and II, the developer was not consulted and those bids came in higher than the estimates and the developer has had no control over that and it does not seem like the developer is responsible for accepting a bid that was that much higher than the estimate. Council Member Broussard Vickers indicated that if that is the case, the City could withdraw the offer of 429 and the developer could find his own people to do the work. City Attorney Hoeft indicated that the court would need to make the determination that the assessed amount is equal to the benefit to the property. He then said that looking at the number of lots and having an idea of the sales price he feels there is no significant issue because he feels the City can prove the benefit to the property is there, but there would be costs to do so. Ms. Marty indicated that they have not had any involvement in how the numbers came in and to put them in a position of paying for that does not seem right. She then commented that if the City wants to talk about litigation expenses they could finish out the project and see whether it is worth Ground Development going forward with a challenge for the amount over the $1.8 waiver or we could litigate now over whether or not the City has the contractual obligation to go ahead with the 429. She then said she would rather go on the friendly basis of going forward and seeing if there is a need for further litigation down the road. Council Member Broussard Vickers indicated that if the developer is not willing to agree to a waiver she will make a motion to table approval of the agreement to allow time for consideration as to whether the City is interested in sponsoring the development through the 429 process without that waiver. Motion bv Council Member Broussard Vickers. seconded bv Council Member CaDra to table this matter. All in favor. Motion carried unanimously. Page 8 ofl4 City of Centerville September 24, 2003 Council Meeting Minutes VIIL OLD BUSINESS 1. Resolution #03-049 - Ordering Improvement and Preparation of Plans (21't Avenue) Ms. Moore-Sykes indicated that the Resolutions concerning 21st Avenue are housekeeping items to bring Centerville in line with the timeframe of the City of Lino Lakes and to proceed to the public hearing phase of the process. Council Member Broussard Vickers commented that she thought that the City was not going to push the property owners into this project if once the numbers were in and were not agreeable. City Attorney Hoeft indicated that there was an appraisal done that indicates a per lot benefit of roughly $24,000 for the three lots and the rest of the cost would be City obligation. Mr. Jim Kozar, Automotive Drive Line, asked for clarification of the proposed assessment. Council indicated the proposed number is $24,000 per property. Council Member Broussard Vickers indicated the actual cost is a lot more than that and the City is trying to figure out what can be assessed based on the benefit provided. Mayor Sweeney asked what the City had budgeted for this project. Mr. Peterson indicated the original amount was a total of$120,ooO. Ms. Paulseth indicated that using the City's current policy, the assessments are roughly $16,000 for each property. Mr. Kozar indicated that he does not care to have the road reconstructed and he does not want to pay assessments on it. He then said that last year there were no numbers. Mr. Peterson indicated there was a feasibility study and the numbers were $166,000 for the City and now that is down to $120,000. City Attorney Hoeft asked that Council keep the discussion on a more basic level indicating that at this point in time, there is an appraisal that gives a ballpark benefit number of $23,000 to $25,000. He then indicated the property owners have the option to challenge the assessment amount, but not the option of saying they do not want the road. Mr. Kozar asked how this road would benefit his building. City Attorney Hoeft indicated that he meant no offense to Mr. Kozar but said that neither he nor Council are prepared to give information or testimony of where the benefit comes from or how it is determined as the City would use a professional appraiser to determine that. Page 9 of 14 City of Centerville September 24, 2003 Council Meeting Minnles Council Member Broussard Vickers indicated the City could make that appraisal available to the property owners. She then asked whether it would affect the time line to postpone approval for further information. Ms. Moore-Sykes indicated the public hearing on the assessments was noticed for the next Council meeting. City Attorney Hoeft indicated the only legal question for the City is whether the City wants to pay for the street and if the project is cost effective. Mayor Sweeney indicated he felt the street needed to be paved. Council Member Broussard Vickers indicated that she was not sure that the residents of this City should pay for a road that benefits the businesses in the City of Lino Lakes. Council Member Capra indicated that a lot of residents travel that road to those businesses. Mayor Sweeney indicated he feels it would be a benefit to the businesses there, as well as, the residents of Centerville who travel that road to get to those businesses. Council Member Broussard Vickers indicated she has not made the decision whether there is enough benefit to residents to warrant the cost. Mr. Kozar commented that if you build a house it is your obligation for a driveway and his portion is so small he does not feel it is fair to ask that he pitch in with everybody and he does not understand it. He then commented that they have paved most of that road themselves with Arcade Asphalt putting tar down when they had extra. Mayor Sweeney indicated the City is trying to get the road up to standards. Council Member Broussard Vickers asked what would happen if there is a change in the roadway due to the reconstruction of Main Street. City Attorney Hoeft indicated that if the County comes through they will have to make a determination of benefit. Council Member Capra indicated that if County Road 14 is redone there is the potential that the intersection at 21 'I Avenue may need to be moved. Mr. Kozar asked what the tonnage of the road would be because the heavy trucks tear it up. Mr. Peterson indicated the roadway would be constructed to 9-ton standards. Council Member Paar indicated he could see both sides of the situation but he feels it is time to improve the street for the benefit of the majority. Page 10 ofl4 City of Centerville September 24, 2003 Council Meeting Minutes Council Member Lee indicated his only hesitation would be because it is unknown what will happen with Main Street. Council Member Capra indicated she had no issue with Resolutions 49, 50 and 51 but would like to table 52. City Attorney Hoeft indicated that the Joint Powers Agreement with the City of Lino Lakes indicates that Centerville shall have the right to comment on the project, the right to review and approve final plans and specifications prior to advertising for bids. He then indicated that Resolutions 49 and 50 approves the plans and specifications so the argument may be lost that the City of Lino Lakes went forward at its own risk before approval so the question becomes who pays for what and how much. City Attorney Hoeft recommended making the determination as to whether to proceed with this project before approving any of the Resolutions. Mayor Sweeney indicated the amount is budgeted and was expected to be higher and he feels it needs to be done. Council Member Capra indicated she has more questions as she just got this tonight and would like to have the property owners review the appraisal and be better prepared for the assessment hearing. Council Member Broussard Vickers indicated the City does not give anyone else more or less time for considering assessments. She then said that her question is whether or not she feels like she wants this for the City with her vote on behalf of residents based on what is best for the City as a whole. Council Member Capra indicated she had no problem with the road project and she thinks it should be done. She then said her concern is the amount to be assessed to the property owners. City Attorney Hoeft indicated that legally the two are completely separate issues. Motion bv Council Member Lee. seconded bv Council Member Paar to aoorove Resolution #03-049 as oresented. Aves - 4. Navs - llBroussard Vickers). Motion carried. 2. Resolution #03-050 - Aoorovinl!: Plans and Specifications and Ordering Advertisement for Bids (21 sl Avenue) Motion bv Council Member Paar. seconded bv Council Member Capra to approve Resolution #03-050 as oresented. Page II of 14 City of CentervilIe Seplember 24, 2003 Council Meeting Minnles Council Member Lee asked whether approving the Resolution approves the plans or if the City still has the right to review them. Mayor Sweeney indicated that approving the plans and specifications mean the contract will be awarded. Vote: Aves - 4. Navs -l(Broussard Vickers). Motion carried. 3. Resolution #03-051 - Acceotinl! Bids (21 51 Avenue) Motion bv Council Member Capra. seconded bv Council Member Lee to approve Resolution #03-051 as presented. Aves - 4. Navs - UBroussard Vickers). Motion carried. 4. Resolution #03-052 - Resolution Declaring Cost to be Assessed. and Ordering Preparation of Prooosed Assessment (2151 Avenue) Motion bv Council Member Lee. seconded bv Council Member Paar to approve Resolution #03-052 as presented. Aves - 4. Navs - UBroussard Vickers). Motion carried. 5. Resolution #03-053 - Resolution for Hearinl! on Proposed Assessment (21st Avenue) Motion bv Council Member Capra. seconded bv Council Member Lee to approve Resolution #03-053 as presented. Aves - 4. Navs - HBroussard Vickers). Motion carried. ~ ANNOUNCEMENTSffiPDATES 1. Report on Anoka County Senate District Meetinl! Ms. Moore-Sykes indicated that she, along with Mayor Sweeney and Council Member Capra, attended the Anoka County Senate District meeting. She then indicated that there were interesting and informative discussions. Mayor Sweeney commented that the North Star Commuter Rail is popular with those on the western side of the County, posing a bit of east/west conflict. Council Member Capra indicated that they were looking for someone to serve on a committee to review a County-wide housing and redevelopment for Anoka County. She then commented that there is concern from those cities on the eastern side of the County that their residents would be paying for development in the western cities. Ms. Paulseth indicated the HRA has the ability to levy and as far as EDA levies, they typically have very little impact on the individual property owner. Page 12 ofl4 City of Centerville September 24, 2003 Council Meeting Minutes Council Member Paar indicated he would be interested in serving on the committee and then said if light rail will be a topic of discussion he would be happy to tell them what a fraud and waste of money he feels it is. 2. Mound Trail Reconstruction Ms. Moore-Sykes indicated that the contractor is preparing to start the reconstruction on Monday, September 29,2003 and property owners in the area were notified by the City. 3. CounciVCommittee/CommissionlCountv Joint Meeting Ms. Moore-Sykes indicated that it would be January or February before the joint meeting would be able to be scheduled. She then indicated that Staff provided feedback on the RFP to the County. 4. Ouarterly Business Meetinl: Nothing to report on this matter. 5. Lifetime Achievement Council Member Capra indicated she had looked into having someone else take over the lifetime achievement award and has not had any luck. She then asked Council to change the procedure for this year's award as there was only one nominee. Council agreed to do so. Ms. Moore-Sykes indicated that the liquor license renewal forms were received and will be going out. Ms. Moore-Sykes indicated that Mr. Peterson had informed her via email that the City has received a $60,000 grant for the storm water system and it can be used in conjunction with the reconstruction of the Heritage/LaMotte roadway. Motion by Council Member Broussard Vickers. seconded by Council Member Lee to authorize the expenditure of $3.500 for the work plan for the Metro Environmental Partnership Grant. All in favor. Motion carried unanimouslv. Fire Chief Bennett asked that the fire department be allowed to do a quick inspection before the liquor licenses are renewed. Council Member Paar indicated the EDC meeting had been cancelled for this month. Mayor Sweeney indicated that the Centerville Lions are scheduled to re-roofthe warming house on October II, 2003 and asked for volunteers. Page 13 ofl4 City of Centerville September 24, 2003 Council Meeting Minutes Ms. Moore-Sykes indicated she met with the facility planning task force last week and reviewed site plans once again and the next phase would be meeting with the architect. Council Member Lee indicated there was a meeting of the police task force to discuss the building on Thursday, September 25, 2003. X. ADJOURNMENT Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to adiourn the September 24. 2003 City Council Meetinf! at 8:27 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 14 of 14 .. CITY OF CENTERVILLE CITY COUNCIL MEETING OCTOBER 8, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on October 8,2003, at City Hall, 1880 Main Street. STAFF: Mayor Terry Sweeney d Council Member Lee Council Member Capra e' Council Member Paar None. City Administrator, Ms. Moore-Sykes City Attorney, Mr. Hoeft City Engineer, Mr. Peterson PRESENT: ABSENT: I. CALL TO ORDER Mayor Sweeney called the October 8, 2003, City Council meeting to order at 6:35 p.m. II. SET AGENDA Mayor Sweeney added Fete des Lacs under Announcements and Updates. Council Member Capra requested that temporary signage be added under Announcements and Updates. Ms. Moore-Sykes requested that Anoka County Community Development Authority be added under Announcements and Updates. Motion bv Council Member Caora. seconded, bv Council Member Pur to aoorove the a2enda as amended. All in favor. Motion carried unanimouslv. III. APPROVAL OF COUNCIL MINUTES 1. September 24. 2003 Council Meeting Minutes Mayor Sweeney requested that the Not Approved stamp be lightened on the Minutes. ... city of CenterviUe October 8, 2003 Council Meeting Minutes Mayor Sweeney requested the following changes: On Page 5, indicate that Mayor Sweeney had asked for permission to paint some walls as well. On Page 6, first paragraph, last sentence indicate that the default increase is "approximately". On Page 8, fourth paragraph, second sentence "and when the bids were agreed". On Page 9 of 14, insert "a" in front of second were. On Page 12, third paragraph from bottom replace light rail with North Star Commuter Rail. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to aoorove tbe Seotember 24. 2003 Council Meetin2 Minutes as amended. All in favor. Motion carried unanimouslv. IV. CONSENT AGENDA 1. The City of Centerville September 25, 2003 through October 8, 2003 Claims for Approval 2. Centennial Fire District Claims 3. Centennial Fire District Quarterly Budget Disbursement 4. Pay Estimate #6 - Park Construction $58,949.52 (pheasant Marsh, Phase I) Motion bv Council Member Lee. seconded bv Council Member Paar to aDo rove Consent A2eoda Items 1 - 3 as oresented. All in favor. Motion carried unanimouslv. Council Member Capra indicated she would like clarification on Item 4. Mr. Peterson explained the pay request was for bituminous to pave for wear on the street. Motion bv Council Member Caora. seconded bv Council Member Lee to aoorove Consent A2enda Item 4 as oresented. All in favor. Motion carried unanimouslv. V. AWARDSIPRESENTATIONS/APPEARANCES None. VL PUBLIC BEARING(S) 1. Special Assessments - 21 st Avenue Street & Storm Sewer Project Mayor Sweeney opened the public hearing at 6:37 p.m. Mayor Sweeney indicated the proposed assessments to the property owners would be $14,042 which ends up being 12% of total cost of the project. Mr. Kozar said this was good and thanked Council for lowering the amount. He then said he could live with the $14,042. Page 2 of14 City of Centerville October 8, 2003 Council Meeting Minutes Council Member Paar asked if the amount can go up after this point. . Mayor Sweeney indicated the contract would be awarded and this amount is set. Motion by Council Member Broussard Vickers. seconded by Council Member Capra to close the public hearinS!. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 6:44 p.m. Motion by Council Member Capra. seconded by Council Member Paar to adopt the 21st Avenue assessments as outlined in the October 8. 2003 schedule. Ayes - 4. Nays -1 (Broussard Vickers). Motion carried. Mr. Peterson indicated the pre-construction meeting was scheduled for next week and they hope to start the project next week. 2. Ordinance #49 - Noise City Attorney Hoeft indicated that if Council makes any substantive changes, another public hearing would have to be noticed. He further commented that changes to the numbers in the decibel chart would be considered substantive. Mayor Sweeney indicated he had a decibel meter in his truck and the background noise level in his truck which is a 2002 one-ton, crew cab, diesel pick-up with four wheel drive and a topper was 75 and above depending on the type of surface he was driving on. He then indicated he had the meter with him at the Phil Todd Benefit and out in front of the band the level went between 90 and 98 where he was standing serving food. Council Member Broussard Vickers indicated they crossed the street and were at 8S and did not have to scream to hold a conversation. Mayor Sweeney indicated that considering the ambient noise level is 70 to 7S in most areas, it would be hard to enforce the ordinance with the lower numbers that are currently in it. Council Member Broussard Vickers commented that this is all about the noise downtown and the City is looking at rewriting an entire ordinance for a couple of complaints and has not sat outside in that area to see what the number is. Council Member Lee indicated he had taken readings in the area in question and the numbers were between 65 and 70 decibels. Council Member Capra commented that the reading at the property line with the band playing was 69 but on the steps the reading was 83. Page 3 of 14 city of Centerville October 8, 2003 Council Meeting Minutes Council Member Broussard Vickers commented the level went to the 60's inside the house. Council Member Capra expressed concern with taking the reading at the property line. Council Member Lee commented that living across the street from two bars you would have to expect a certain amount of noise. Council Member Broussard Vickers suggested raising the lower number but change the times from 10:00 p.m. to 9:00 p.m. as a compromise for both sides. City Attorney Hoeft commented that the numbers should be set high enough to account for the ambient noise level or it would be impossible to prosecute. Council Member Capra commented that she did not feel the City should figure in traffic. City Attorney Hoeft indicated that traffic is part of the ambient noise level and should be figured in. City Attorney Hoeft indicated that the City has a general prohibition against noise that is not related to the noise level table. He further commented that the City would need to consider all areas of the City when figuring the noise levels not just one area. City Attorney Hoeft indicated that some activity may not rise to the level of a decibel violation but may be a violation of the general noise prohibition of the ordinance. Council Member Broussard Vickers indicated that about the only thing not exempted is music playing, all the other things are exempted. Council Member Capra asked how many Council Members would be interested in having the noise ordinance changed from 7:00 a.m. to 9:00 p.m. The consensus was that Members were not interested in changing to 9:00 p.m. Council discussed the noise ordinance and decided that each Member should provide proposed levels to Staff for compilation and discussion at the next meeting. Motion bv Council Member Capra. seconded bv Council Member Lee to continue the pnblic heano!!. All in favor. Motion carried unanimouslv. VB. NEW BUSINESS 1. Sales Tax Audit Ms. Paulseth indicated the City was told this was a random audit and noted one had not been done here for 7 or 8 years. Page 4 of 14 city of CenterviUe October 8, 2003 Council Meeting Minutes Mayor Sweeney indicated the state charged for people who did services for the City but did not breakout the labor and materials. He then commented that if the state applies the same standard to the private sector, it could cause major issues and it concerns him that this type of thing sets a precedent. Council Member Broussard Vickers asked whether this requirement was known to the City. Ms. Paulseth indicated that it was. She then provided an example of a sign that was made for the City and the person charged the City $300 but did not break out labor and materials so the City had to pay sales tax because it was not able to show that sales tax was paid on the materials. Council Member Lee commented that 2002 was a clean year and complimented Ms. Paulseth. Ms. Paulseth credited the account clerk for watching the invoices very closely. 2. Schedule TIF Work Session - Sedona Homes Mayor Sweeney indicated he met with Sedona Homes to discuss a proposal for the water tower area and downtown. He then asked Staff to set a work session to discuss TIF and downtown redevelopment. As a side note, the Mayor indicated the meeting occurred over lunch and he paid for his own lunch. Council Member Capra indicated she would prefer to hold the discussion at a Council meeting because the public needs to know about TIF. Mayor Sweeney indicated that a work session is a noticed public meeting and he would prefer to schedule a work session to provide the parties with enough time to make a proposal with potential significant financial impact to them. Council Member Capra indicated she would like to have the TIF auditor from Abdo, Abdo, Eick and Meyer attend the meeting if TIF is going to be discussed. Mayor Sweeney indicated that Mr. Kellier had offered to provide a TIF expert that does a lot of work with White Bear Township at his expense for the presentation. He then said he would prefer that the City not expend any funds on consultants until, or if, there is interest on behalf ofthe City in the proposal. Council Member Capra indicated she would like to use Abdo. There was Council consensus to let Mr. Kellier bring the TIF person along and wait to hire someone for consultation until, or if, the City is interested in the proposal. Page 5 of 14 city of CenterviUe October 8, 2003 Council Meeting Minutes A TIF District may also contain south of Public Works for the proposed water tower location and the downtown area. Council set a work session for Monday, October 20, 2003 at 6:30 p.m. to discuss TIF and economic development. 3. Ordinance #4 - Zoning Permit Amendment (Accessory Structures/Fences) Ms. Moore-Sykes indicated that Staff had proposed the idea of a permit for accessory structures and fences to the Planning and Zoning Commission previously as a way of eliminating or reducing some of the issues Staff has with them, but the Planning and Zoning Commission was not in favor of adding another permit fee. She then said that Staff would like to suggest that the permit fee for accessory structures and fences be reconsidered. Council directed Staff to have the Planning and Zoning Commission discuss the matter and come to Council with a recommendation on an appropriate permitting fee for accessory structures and fences. Mayor Sweeney asked that Staff and the Commission consider the fee carefully and assure that it covers Staff time but is not too high because the permit process will not help Staff if residents feel it is too high and do not apply for permits. 4. Parks and Recreation Committee Recommendation Council indicated this recommendation should be held over until it is determined whether the development will proceed. VIII. OLD BUSINESS 1. Pheasant Marsh. Phase III - Developer's Agreement & Final Plat Ms. Moore-Sykes indicated this item was tabled from the last meeting. Council Member Capra asked whether there had been any progress on the issue of the waiver. City Attorney Hoeft indicated that he has no issue with regard to the sidewalk, trailways and mailbox language added by Staff He then commented that Mr. Runkle may wish to comment on the escrow for the mailboxes. Mr. Dale Runkle, Ground Development, indicated that he does have a concern about the escrow for the mailboxes as it was not required in the other two phases and mailboxes were installed. He then said that they have arrangements in place to have the mailboxes installed and he does not feel the need for another escrow. He also commented that he does not see where the ordinance requires it. Page 6 of 14 city of Centerville October 8, 2003 Council Meeting Milllltes Mr. Runkle indicated he was concerned with the language added on the top of Page 6 where it says the developer will construct concrete sidewalk on the north and west side of Dupre as the feasibility study for the street and utility improvements included the sidewalk and that will be done at the same time. City Attorney Hoeft suggested amending the language to state that the sidewalk comes under the street and utility improvement by indicating the developer hereby requests the City construct a concrete sidewalk. He then indicated that he would work out the language and provide it to the developer. Ms. Moore-Sykes indicated that the Parks and Recreation Committee had asked for language in the developer's agreement to ensure that the sidewalk and trailways were constructed. Ms. Karen Marty indicated she had nothing new to say with regard to the waiver. Council Member Broussard Vickers asked if the developer was willing to sign a new waIver. Ms. Karen Marty indicated the developer is not willing to sign a new waiver. Council Member Broussard Vickers asked for the options from the City Attorney. City Attorney Hoeft indicated the City could proceed without a waiver, make the assessment and wait to see if the amounts over the waiver will be contested. He then said there is a cost to defend a contested assessment but he feels the developer's agreement obligates the developer to pay for those costs. He further commented that, other than for entertainment value, he does not know why the developer would challenge the assessments because he feels that the benefit can easily be proven. Council Member Capra indicated that Ms. Marty had stated that there was an original waiver in the original agreement and that is why they do not want to waiver this agreement. City Attorney Hoeft indicated the developer says the City approved the development plan for all construction and waived up to $1.8 million so that is what they are obligated to so the question is whether the City is obligated to do the 429 process on this portion of the land and he is not convinced that the City is. He then indicated that the City has given independent approval by this body for each phase and just because it is indicated in the initial agreement that the City would proceed with the 429 process with a waiver of X number of dollars does not commit the City to going forward with 429 process. He further commented that the interesting question is if the City does not go forward with 429 process for the final phase and waiver of $1.8 million he would anticipate that the developer would say that the $1.8 million was for a three phase project and try to factor Page 7 of 14 city of CenlerviUe October 8, 2003 Council Meeting Minutes out the first two phases so the City may have an assessment challenge even if Phase ill does not go forward. Mayor Sweeney indicated that he is nervous due to the comment that Ms. Marty made that the developer was not consulted when the bids came in higher than the estimates. He further commented that makes him feel that if this goes forward and the amounts are over the $1.8 million the developer will contest it and the City is faced with legal costs to defend. Mayor Sweeney asked what the original date for Phase ill was before it was moved up. Council discussed it and thought that the original date was 2006 but was not sure. Council Member Capra commented that the City was shorted approximately $130,000 with the first 429 process. She then asked if Ms. Paulseth had the exact figures. Ms. Paulseth indicated that she has been figuring about $150,000 depending upon interest rates. Council Member Lee indicated he is not interested in moving forward without the waiver. Council Member Paar indicated he does not want the City to get stuck again with extra costs to develop the property. He then said he does not understand how they can contest something that they gave the City the authority to do through the 429 process. Council Member Broussard Vickers commented that the City did not lose the money because of the waiver issue, it was lost because of the bonding situation and prepayment. She then said that this bond would be set up differently to account for early payoffs. She further commented that the City knows that the costs are going beyond the $1.8 million and it is likely that the developer would contest the amounts over that amount. Council Member Lee indicated that, based on comments made previously by the developer and counse~ he would assume there will be a challenge. Council Member Broussard Vickers asked how the City would deny the 429 process. City Attorney Hoeft indicated that not approving the developer's agreement would mean the 429 process does not go forward and the developer would have to finance the project differently. City Attorney Hoeft indicated there would be a different development contract for improvements with escrows required and the developer would need to have its own engineer and own contractors and the work would have to be done to City specifications. Mayor Sweeney indicated the developer would be responsible to pay for City inspections as well. Page 8 of14 city of CenterviI1e October 8, 2003 Council Meeting Minutes City Attorney Hoeft asked Council to provide direction to the developer as to how it wished to proceed. Mayor Sweeney indicated that Council wants to see a waiver for the costs for Phase ill or it is not prepared to move forward with the 429 process. Ms. Karen Marty indicated that they were aware that Council might take this action and she thinks they have discussed everything that they are going to discuss and could not bring anything different back at another meeting. She then said that, unless Council has specific direction for them, she does not feel it is necessary to table the matter. Council Member Broussard Vickers indicated the City is not asking the developer to assume financial risk but is just asking the developer to pay the assessments for what the property improvements cost so the City is ensured that the costs are not picked up by the City. She further commented that this is not a case of beefing up the costs, the costs are what they are for the improvements and the City wants the developer to agree to pay those to limit financial risk to the taxpayers of this City. Council Member Capra asked if the developer was open to considering financing the improvements rather than the 429 process. Ms. Marty indicated the developer did a waiver based on the estimate for 429 improvements for all three phases. She then said that they believe that the City has some obligation to follow through with its side of the bargain which is to construct those 429 improvements. She then said the City can do what it wants and the developer will respond accordingly. She further commented that it is unfortunate that the City incurred costs but she does not see where it is possible for the developer to write a blank check to the City for a waiver. Council Member Broussard Vickers indicated that the City is not asking for a blank check but an additional specific amount on the waiver for the costs for Phase ill. She further commented that the assessment was an estimate and all parties knew that in the beginning. City Attorney Hoeft responded by indicating that the original waiver did not obligate the City to construct under the 429 process. Mr. Peterson indicated that he is in the process of working with Staff on the numbers for Phase n for the assessment hearing on November 12, 2003 and he expects to have those figures for the next meeting so that the City will have a better idea of where it is at on the $1.8. City Attorney Hoeft indicated that counsel for Ground Development has already initiated a challenge to the assessments whether it is a challenge to Phase I, Phase I and n or Phase Ill, there is a challenge riding out there. Page 9 of 14 city ofCenterville October 8, 2003 Council Meeting Minutes Council Member Broussard Vickers asked how the developer could challenge when they agreed not to. City Attorney Hoeft indicated the developer felt that what was being assessed for Phase I and/or II was somehow more than what should have been assessed under the estimated costs. He then said that brings back the comment that, if the City does not go through with Phase ill, and the developer challenges the City on whether it is obligated he anticipates that the developer will follow through with the dispute on the assessment for phases I and II over some extrapolated number over the $1.8 so there may still be an issue with one and/or two. Ms. Marty asked what Council did because she heard a public hearing opened. Mayor Sweeney indicated that the noise ordinance public hearing was opened but no one was present to speak at it so the Pheasant Marsh matter was moved up to accommodate the parties. Ms. Marty commented that Council looked at this issue that is on the agenda and chose to take no action. City Attorney Hoeft indicated that was correct. Mr. Runkle from Ground Development and his counsel, Ms. Marty, left the meeting and returned a minute later. Ms. Marty then asked for permission to address Council. Ms. Marty indicated they would like to request some action one way or another on the matter. City Attorney Hoeft indicated that Council did not have to take any action as this is a negotiation over the development agreement. He then said the agreement, as proposed, is not acceptable to Council and Council has indicated what it wants the developer to do and, until there is a revised development agreement, there is no approval. Council Member Capra commented that the developer needed to take out the 429 or add the waiver in. Council Member Capra asked that Ms. Marty and Mr. Hoeft work on the matter. City Attorney Hoeft indicated he would look at any proposed additional language or would anticipate receiving pleadings. 2. Resolution #03-054 - Water Tower Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to aoorove Resolution #03-054 as oresented. AU in favor. Motion carried unanimouslv. Page 10 of 14 city of Centerville October 8, 2003 Council Meeting Minutes Mayor Sweeney indicated that when he met with Sedona Homes they indicated they would work with the City for storage during construction. 3. Hunter's Crossing Developer's Agreement (Modifications) Council Member Broussard Vickers asked if a waiver was done on this development. City Attorney Hoeft indicated that Staff would prepare a waiver and work with Mr. Peterson for the figures. Motion bv Council Member Caora. seconded bv Council Member Lee to aoorove the Hunter's Crossin!! Develooer's A!!reement subiect to receivin!! a waiver from Mr. Carlson in the amount of $1.75 million. AU in favor. Motion carried unanimouslv. 4. Resolution #03-055 - Paulsen Request (Street Easement Vacation) City Attorney Hoeft indicated that he has been working with the City Clerk who has been working with the property owners to obtain a legal description for the easement. He then said there may need to be a survey done if the legal cannot be obtained. IX. ANNOUNCEMENTSIUPDA TES 1. Lifetime Achievement Award Motion bv Council Member Caora. seconded bv Council Member Paar to aoorove the lifetime achievement award nominee in memory of Chauncey Barrett. All in favor. Motion carried unanimouslv. Mayor Sweeney offered congratulations to the family of Chauncey Barrett. Council Member Capra indicated the nomination was made by Ms. Land and that family had a terrible tragedy this week and she would like to send a letter to them notifying them that the award will be given when their schedules can accommodate it. 2. Mound Trail Reconstruction Mr. Peterson indicated that the street is to be paved this week. 3. Police Task Force Council Member Lee provided an update on his police task force meeting indicating that the format of the police commission and the formula will be discussed for possible changes. Page 11 of 14 city of Ceuterville October 8, 2003 Council Meeting Minutes Council Member Lee indicated that there would need to be an all City meeting to discuss the structure of the police commission as well as the formula for funding prior to the end of the year. He also indicated that there were discussions concerning a potential new building. 4. 7016 & 7020 Brian Court (Property Line Dispute) Ms. Moore-Sykes indicated that Staff has learned that the shed in question is located within a drainage and utility easement, was constructed in 1997 and is 8 x 10. She then said the shed should be moved out of the drainage easement. City Attorney Hoeft indicated that Staff would send a letter to the resident asking that the shed be moved once he works with the City Clerk to determine what the standard is that needs to be met. 5. Liquor License Ms. Moore-Sykes indicated the liquor licenses are in need of renewal and all that information was sent to the liquor establishments. She then indicated she had provided information from the fIre department on some compliance issues that will need to be resolved prior to renewal. 6. Street Reconstruction Plan Ms. Moore-Sykes indicated that the City needed to set a hearing date for the street reconstruction plan but the schedules for November and December are heavy. Council asked that it be placed on the January agenda. Mr. Peterson indicated that it would be preferable to have it on the December 10, 2003 agenda. 7. Fete des Lacs Mayor Sweeney indicated that Mr. Thill had sent a thank you note to the City for the help with the parade. He then read the note and thanked Mr. Thill and those that volunteered on the parade for their assistance. 8. Temporary Signs Council Member Capra indicated that temporary signs seem to be popping up all over town. Ms. Moore-Sykes indicated that all of them have permits and noted that Staff is on top of them. Page 12 of 14 city of Centerville October 8, 2003 Cowtcil Meeting Minutes 9. CDA Information Ms. Moore-Sykes indicated she received information that Coon Rapids met with the larger cities within the County and has now invited smaller cities to be involved in a task force on this issue. She then indicated that she would provide the date of the meeting when it is made known to her. Mayor Sweeney indicated he does not want to be taxed any amount to pay for development on the other side of the County. Council Member Capra indicated she heard that there is to be a two story senior housing building. Ms. Moore-Sykes indicated she has heard nothing on that. Council Member Broussard Vickers asked that Staff respond to Eagle Pass and indicate which items are the City's obligation through the developer's agreement and which issues are for them to handle with the developer. Council Member Capra asked that a newsletter discussion be added to the next agenda. She then said she would like to have a newsletter to keep residents informed because the week in review is no longer published. Ms. Moore-Sykes indicated that the week in review gets put out on the Internet. Council Member Capra indicated she would like Council to reconsider publishing the week in review twice per month in the .Qyild for $5,000 per year versus the cost of a newsletter. Council Member Paar indicated that if someone cannot get the week in review off of the Internet they should call City Hall and have it mailed to them or come and pick it up. Council Member Capra indicated she feels Council has limited communications with the public. Council Member Broussard Vickers indicated the City has limited communication to those that actually want it. She then said that it is available at City Hall, on the Internet, and by mail to anyone who asks for it and she does not feel that it is cost-effective to pay $5,000 to publish the week in review since there have been few or no requests for mailing it. Council Member Capra asked that the utility billing contain a notation that the week in review is available on the Internet or by mail by request. Ms. Moore-Sykes indicated the week in review is on a shared file so anyone at City Hall can access it and print it should someone stop in and want a copy. Page 13 ofl4 city of CeIIlerville October 8, 2003 Council Meeting Minutes X. CLOSED - EXECUTIVE SESSION 1. Union Contract Negotiations & Public Works Staffing Council recessed to executive session at 8:40 p.m. 1. Union Contract Negotiations & Public Works Staffing Council and the City Administrator discussed the I.O.U.E. Local No. 49 contract proposals as presented previously to the City Administrator. Future staffing issues for the Public Works Department were discussed. The Executive Session was closed at 9: 17 p.m. XL ADJOURNMENT Motion I)v Council Member Broussard Vickers. seconded bv Council Member Lee to adioum tbe October 8. 2003 City Council Meetintr: at 9:17 p.m. AU in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 14 of14 .... ..~ CITY OF CENTERVILLE CITY COUNCIL MEETING OCTOBER 22, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on October 22, 2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member Lee Council Member Capra Council Member Paar Council Member Broussard Vi "ppr City Administrator, Ms. Moore-Sykes City Attorney, Mr. Hoeft City Engineer, Mr. Peterson ABSENT: None. STAFF: L CALL TO ORDER Mayor Sweeney called the October 22,2003, City Council meeting to order at 6:30 p.m. II. SET AGENDA Ms. Moore-Sykes requested that the YMCA be added under Announcements. Council Member Lee requested that Police Task Force be added under Announcements. Council Member Capra requested that the Sedona Homes TTF discussion be held after the discussion of the Developer's Agreement. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to aDDrove the al!enda as amended. All in favor. Motion carried unanimouslv. Ill. APPROVAL OF COUNCIL MINUTES 1. October 8. 2003 Council Meetinl! Minutes Mayor Sweeney requested the following change: On Page 5 of 14, under the TIF work session add this: a TIF district south of public works and to possibly include the water tower area and downtown. City of Centerville October 22, 2003 Council Meeting Minutes Council Member Capra requested the following change: On Page 4 of 14, third paragraph up from the motion change 7:00 p.m. to 7:00 a.m. Council Member Lee requested the following change: On Page 3 of 14, second paragraph from the bottom indicate that the background noise levels were between 65 and 70 decibels. Motion bv Council Member Lee. seconded bv Council Member Paar to approve the October 8. 2003 Council Meetin1!: Minutes as amended. All in favor. Motion carried unanimouslv. IV. CONSENT AGENDA 1. The City of Centerville October 9, 2003 through October 22, 2003 Claims for Approval 2. Centennial Fire District Claims 3. EDC Recommendations (New Resident Packet & Fall/Winter Business Speaker) Council Member Capra requested that Claims be removed for discussion. Council Member Broussard Vickers requested that the EDC recommendations be removed for discussion. Motion bv Council Member Capra. seconded bv Council Member Broussard Vickers to approve Consent A1!:enda Item 2 as presented. All in favor. Motion carried unanimouslv. Council Member Capra questioned the $110 reimbursement for lunch at the warming house. Mayor Sweeney explained that the expenditure was for lunch for the Lions members that volunteered to do the labor at the warming house. He then indicated they bought pizza and Kelly's donated pop and water. He further indicated the work was done on Sunday rather than Saturday due to rain and they worked from 8:00 a.m. to 7:00 p.m. Council Member Capra indicated that she felt Council should have been asked for approval prior to the expenditure. Mayor Sweeney indicated that they had assumed that the amount would be part of the $4,500 approved and noted that the amount came in substantially under that amount and a cash receipt was turned in from Wiseguys. Motion bv Council Member Broussard Vickers. seconded bv Capra to approve the Claims as presented. All in favor. unanimouslv. Council Member Motion carried Page 2 of 14 City of Centerville October 22, 2003 COlmcil Meeting Minutes Council Member Broussard Vickers indicated that she thought the first part of the meeting was recommending not buying new packets but the second part made a motion to buy new packets. Council Member Paar indicated the EDC has decided to make the packets smaller. Rather than a multi-page packet it will now be a tn-fold type of brochure that has trail information and City Hall information with the web site information. He then said that $4,000 was approved from last year and the EDC is returning the $2,000 originally budgeted but not used. Council Member Broussard Vickers asked why Council needed to approve this. Council Member Paar indicated that the EDC would like the $4,000 back in their budget. Council Member Broussard Vickers indicated that the $2,000 goes back to 2002 and there is no carryover. Council Member Capra commented that the only thing that is cumulative is shirt sales. City Attorney Hoeft indicated there needed to be a motion to reallocate or spend the money. Council Member Capra indicated that the EDC is asking for a motion to take the $2,000 from 2002 previously allocated and reallocate it to the 2003 budget to purchase the new brochures and they will have an estimate at the next meeting. Council Member Broussard Vickers indicated that the amount approved was for a different brochure and this is something different. She then said that she would like to know what the estimate is before approval. Ms. Stephen indicated that the estimate is expected to be under $1,000. Motion by Council Member Broussard Vickers, seconded by Council Member Lee that the money allocated to the EDC for Durchase of new resident Dackets revert to the l!eneral fund and that the EDC Dresent a new request for brochure eXDenditures as soon as they have new information. All in favor. Motion carried unanimously. V. AWARDSIPRESENTATlONS/APPEARANCES None. VI. PUBLIC HEARING(S) 1. Noise Ordinance #49 Page 3 of 14 City of Centerville October 22, 2003 Council Meeting Minutes Mayor Sweeney opened the public hearing. Council Member Capra suggested adding language to include musical bands and base or beat because that seems to be the biggest issue in the downtown area. Council Member Paar indicated he received a call on noise concerning base because it does not have to be loud enough to be an ordinance violation to be annoying. Council Member Broussard Vickers indicated that the ordinance allows officers the ability to ticket someone for violating the ordinance even though the noise is not on the noise chart if the officer feels it is a nuisance. Council Member Lee indicated he would have an issue if it is the same people calling the police week after week. Council Member Capra commented that it is not every time and there are some nights that there are bands at Kelly's and it does not bother the residents. Mayor Sweeney indicated he talked to a resident that lives near Kelly's and he was there two weeks ago and thought the band was loud inside the building but there were no noise complaints so the noise must not have carried outside the building. Council discussed the times and agreed to have summer and winter hours coinciding with daylight savings time. Summer hours go to 10:00 p. m. and winter hours are 9:00 p.m. Motion bv Council Member Broussard Vickers. second bv Council Member Paar to close the Dublic hearin!!. All in favor. Motion carried unanimouslv. Mayor Sweeney closed the public hearing at 7:54 p.rn. vn. NEW BUSINESS 1. Sedona Homes Developer's Agreement/Final Plat City Attorney Hoeft reviewed the outstanding issues he has as listed in the Clerk's memo provided to Council with today's date. City Attorney Hoeft indicated that there was a name change from Sedona Homes to Jackson Commercia~ L.L.c. and he would need clarification as to who Jackson Commercial, L.L.C. is and what type of position they are in to undertake this type of development. City Attorney Hoeft indicated that he would need to see the purchase agreement showing that they are under contract to purchase the property pending City approvals to ensure they have the authority to enter into the agreement. Page 4 of 14 City of CenteIville October 22, 2003 Council Meeting Minutes City Attorney Hoeft indicated the developer had asked that the private improvement section be amended to indicate that the construction would be done in phases and he suggests a separate developers agreement for each phase. City Attorney Hoeft indicated the developer had asked for language to allow a certificate of occupancy prior to bituminous being installed and he has no issue with that provided that all ADA regulations are complied with as requested by the Public Works Official. Council Member Broussard Vickers suggested the City could build in an escrow to cover the paving to ensure that it is completed. City Attorney Hoeft questioned whether there would be a center monument. Council indicated that there would be one and the association would be responsible for maintaining it. City Attorney Hoeft indicated that the developer has requested a one-year guarantee on workmanship and materials and the City has required two years and he would not recommend changing that. Council Member Lee indicated the state contractor's licensing standard is two years. City Engineer Peterson indicated his issues were listed in the memo. Mr. Paul Kellier indicated that he and Mr. Montgomery are the principals of Sedona Homes and Jackson Commercial, L.L.C. and then provided a copy of the articles of incorporation to the City Attorney. He then indicated that he would provide a copy of the purchase agreement to the City Attorney for review. Mr. Kellier indicated that they did not have an issue with having two separate developer's agreements, one for each phase. Mr. Kellier indicated that the reason for the request for allowing a certificate of occupancy before bituminous is in case of winter conditions not allowing for paving. He then indicated that they would meet all ADA standards. Council discussed the paving issue and determined they would like to require an escrow if the developer requests the certificate of occupancy prior to the paving being completed. Mayor Sweeney asked where the development on the site would begin. Mr. Kellier indicated they are starting on the side closest to the construction of the water tower but said they are willing to work out the timing to allow space for the construction of the water tower. He then agreed to construct the buildings on pads 1 and 2 last to allow for the water tower construction. Page 5 of14 City of Ceutecville October 22, 2003 Council Meeting Minutes Mr. Kellier indicated that state statute pertains to workmanship and material of one year, two years on plumbing and heating and 10 years on structural so they are not sure of the timetfames of Council. He then said that they typically put up the letter of credit and there is usually a year or so that the utilities are in the ground before you even get into construction. He further commented the second lift of blacktop would not be added until the second phase is completed so they are not sure when the two years begins. City Attorney Hoeft indicated the agreement indicates the period begins following the City's final acceptance of final improvements. He then said that the way the City has dealt with this issue in the past has been through subparagraph f and allowing a reduction in escrow as things are completed. City Engineer Peterson indicated that if they could get the utilities in this year and have them televised the City can approve them and then the time period would be approximately as mentioned. Mr. Kellier indicated he would be fine with that proposal. City Attorney Hoeft indicated he would prefer to clean the document up and make sure there are no other issues to be addressed and present it at the next meeting for approval. Motion bv Council Member Broussard Vickers. seconded by Council Member Caora to table the Jackson CommerciaL L.L.c. and Final Plat to the nut meetin2. All in favor. Motion carried unanimouslv. Council Member Paar indicated he received some calls on the City using TIF and was asked to determine what types of projects the City has done using TIF and whether they were a benefit to the City or not. Mr. Pat Pelstring indicated that the information provided used a 2S year district but that would be up to Council. Council Member Capra indicated she does not think the City has ever done a district for 2S years. Ms. Moore-Sykes indicated the length of time would be up to the City. Council Member Capra indicated she would like to know what the City has done in the past and what the benefits have been. City Attorney Hoeft indicated that the benefit to the City is that usually the project would not have happened but for the TIF so the City would have additional tax dollars off that project. He then indicated that the City would not recoup that increment in the taxes until that district expires. Page 6 of 14 City of Centerville October 22, 2003 Council Meeting Minutes Council Member Lee questioned whether the area would develop in 10 or 15 years on its own. City Attorney Hoeft recommended using a consultant for an opinion on whether the area would develop on its own without the TIF assistance prior to the expiration of a proposed TIF district. Council Member Capra questioned whether this would constitute spot zoning. Mr. Kellier indicated they would have a contiguous piece that is 19 to 20 acres that would all be townhomes. Mr. Pel string indicated that they would have an area that meets state statute for a redevelopment district. Mr. Pe1string indicated that TIF does not provide a subsidy to the developer to lower the price but to bring the price to a level that makes it developable. He then indicated that they did a redevelopment in Hugo with an average land cost of $26,000 per acre for the land and, in this instance, the land will run $45,000 to $50,000 per acre with considerable soil correction required. The TIF assistance would bring the pricing down to a level that is competitive in the market. Mr. Pelstring indicated that he drove the area and determined that there are 7 buildings that would meet the substandard building requirement out of the total of 9 and the state statute requires only 500/0 of the structures to be substandard. Mr. Pelstring indicated that the office condos will improve the area as would the proposed townhomes to make the property adjacent to it more attractive to commercial development. Mr. Pelstring indicated that the City would continue to receive the existing taxes and it is only the increased taxes that go to tax increment. Council Member Capra asked whether the developers would consider the location if TIF were not available to them. Mr. Montgomery indicated that it would not make sense. He then said that they would be looking at considerable soil amendments in the area and commented that development is easier without TIF on a sandy soil location. He further commented that the City gets increment along the way 10 to 20% of the increment. Council Member Capra commented that there are limitations on what the increment can be used for. Mr. Montgomery indicated that White Bear Township uses TIF to fund a lot of projects including the ball fields. He then commented that they have to buy buildings and tear Page 7 of 14 City of CenternlIe October 22, 2003 Council Meeting Minutes them down and the TIF assistance would get the costs down to what they should be to make the project feasible. Mr. Pelstring indicated that he has represented a number of cities on TIF projects and the situations are usually win win for both parties. He then said that there was a discussion that a portion would go to offset the costs of the water tower. Mr. Pelstring indicated that they have done the preliminary research and asked that the City decide whether they are interested in proceeding with a TIF district as proposed. He then offered to meet with City Staff to further discuss the issues. Mr. Montgomery indicated that usually the public does not understand TIF. He then suggested that anyone who is interested or concerned contact Mr. Short from White Bear Township for further information as to how they have benefited from TIF. Council Member Capra said that this City has been burned on TIF and that is why she is very cautious. She further commented that the City was audited by the State of Minnesota. Mayor Sweeney explained that matter was clarified as a change in the TIF law that City Staff, due to Staff changes, did not catch so it was a mistake and not something that was done illegally and he is not sure you can call it being burned, it was a change in the law. Council Member Capra indicated she would like to have another work session as she needs more information before she could make a decision. Council Member Broussard Vickers apologized for missing the meeting and then said she is interested in having more information and would be interested in another work session to further discuss the matter. She then asked if they were aware of the flood plain issues and the developers indicated that they were. She further indicated that there is a parcel that cannot be left landlocked. Council Member Broussard Vickers indicated she would be interested in looking into the matter further and noted that she would not be interested in a 25 year district but something shorter she would consider, depending on the benefits to the City. Mr. Montgomery indicated they are spending money on testing and have owners that want to have money to hold the property so timing is an issue. Council set a work session for November 3, 2003 at 6:30 p.m. and asked that Ms. Paulseth attend. Council Member Paar asked what Ms. Paulseth thinks about TIF. Ms. Paulseth indicated she felt it would be a tough decision for Council to make. She then said that there are uses for it and tying the water tower in would be a nice option. Page 8 of 14 city of CenterviIle October 22, 2003 Council Meeting Minutes 2. Pavement Management Study Motion by Council Member Caora. seconded by Council Member Broussard Vickers to table the oavement manaS!ement study to the work session if time allows. All in favor. Motion carried unanimouslv. 3. Request for Overweight Permit - 7067 Goiffon Road Ms. Moore-Sykes indicated the resident was in to request an overweight permit and she was out at a conference so it was added to the Council's agenda. Council Member Capra asked if the City Engineer had a preference for a specific street. City Engineer Peterson recommended using Heritage. Motion by Council Member Caora. seconded by Council Member Broussard Vickers to aoorove the temoorarv overweiS!ht oermit for 7067 GoitTon Road for a total of 4 trucks at 7 tons each and request that he use the oermit for Hent--- Street. AD in favor. Motion carried unanimouslv. 4. Purchase of a New Copy Machine & Folding Machine Council Member Lee asked if these machines were budgeted for. Ms. Paulseth indicated they are working on the capital improvement plan right now and there is money in the capital projects fund for this year or next year. Council Member Capra indicated there is also approximately $7,000 left over from the Week in Review. Ms. Moore-Sykes indicated the copy machine at City Hall would be used at Public Works. Ms. Paulseth indicated the machines would be purchased through the cooperative purchasing bids process. Motion by Council Member Caora. seconded by Council Member Broussard Vickers to aoorove the ourchase of a new coovioS! machine and a foldinS! and stamnS! machine in an amount not to exceed $23.000. Council Member Lee asked whether it would be possible to eliminate or lower the amount of the service contract for the existing machine when it is moved to Public Works. Page 9 of 14 City ofCenterrille October 22, 2003 Council Meeting Minutes Ms. Moore-Sykes indicated that the contract amount would be reduced because it is based on a per copy basis and the usage will go way down when it is moved to Public Works. VOTE: AU in favor. Motion carried unanimouslv. 5. Resolution #03-055 - Declaring Costs to be Assessed. CallinR for Public Hearing & Ordering Prtalaration of Proposed Assessments for Municipal Services Within the Pheasant Marsh Phase II Development Proiect Motion bv Council Member Caora. seconded bv Council Member Broussard Vickers to aoorove Resolution #03-055 as oresented. AU in favor. Motion carried unanimonslv. 6. Resolution 1/()3-O56 - Declaring Costs to be Assessed. Calling for Public Hearing & Ordering Preparation of Proposed Assessments for Municipal Services to Benefiting Properties along Centerville Road. Peltier Lake Drive & Within the Peltier Preserve Development Proiect Council Member Capra asked how the cost estimates came in. Mr. Peterson indicated that the cost estimates were right on. Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers to aoorove Resolution ##03-056 as oresented. All in favor. Motion carried unanimouslv. 7. Resolution #03-057 - Declaring Costs to be Assessed. Calling for Public Hearing & Orderinll Prtalaration of Proposed Assessments for Municipal Services (Street Construction) to Benefiting Properties along Mound Trail Motion bv Council Member Caora. seconded bv Council Member Broussard Vickers to aoorove Resolution ##03-057 as oresented. AU in favor. Motion carried unanimouslv. 8. Resolution #03-058 - Calling for Public Hearing on Delinquent Sewer. Water & Garba~e Services for Residents Associated with the 3rd and 4111 Ouarter 2002. 1 st and 2n Quarter of 2003 Billing Cycles Council Member Capra indicated there was an issue last year because some residents did not know they were delinquent. Ms. Paulseth indicated they were all sent a letter if deemed delinquent as of the last utility bills. Page 10 of 14 City of Centerville October 22, 2003 Council Meeting Minutes Council Member Broussard Vickers indicated there were some that were landlords and they had not been given the letter and the City had agreed to notify the landlords not the tenant. Ms. Paulseth indicated she thought that had been done but said she would look into it to make sure. Motion bv Council Member Broussard Vicken. seconded bv Council Member Lee to aDDrove Resolution 1#03-058 as Dresenteel. All in favor. Motion carried unanimouslv. vm. OLD BUSINESS 1. Communication There was no need for discussion on this item. IX. ANNOUNCEMENTSIUPDATES 1. Mound Trail Reconstruction Ms. Moore-Sykes indicated the bituminous was completed. 2. 7016 & 7020 Brian Court (Property Line Dispute) Mayor Sweeney indicated he received a call on this from the resident at 7016 and he was disputing a few items in the letter and he was asked to come to City Hall to discuss it with City Staff He then said he would rather not repeat what was said but it was a very cordial conversation as he has known him for 14 years but would prefer the resident answer the letter and issues surrounding it. Council Member Broussard Vickers indicated he has to move the shed. Mayor Sweeney indicated one of the issues was that the shed was built in 1997 and not under the 2000 ordinance. Council Member Lee asked if the shed was moved. Ms. Moore-Sykes indicated that Staff checked before the letter was sent out and that was last week and it had not been moved. City Attorney Hoeft clarified that the City Clerk references the 2000 version of Ordinance #4 because the shed has to be moved from the drainage and utility easement and, when it is, it would be governed by and have to comply with the new ordinance. Page 11 of14 City of CentervilIe October 22, 2003 Council Meeting Minutes 3. Sedona Homes TIP Work Session (lJpdate) This item was discussed earlier in the meeting. 4. Liquorffobacco License Renewals 2004 (Update) Ms. Moore-Sykes indicated that Kelly's and Water Works have outstanding issues that are being worked on. She also indicated that Tom Thumb has their application in the mail and Comer Express had not yet sent it in. 5. Council Packet (J>aper/CD) Ms. Moore-Sykes indicated that Staff is asking Council if they would prefer paper council packets or CD. Council discussed the matter and determined that the packet should remain paper but asked that any reduction in the amount of paper for the packet should be done. Mayor Sweeney indicated he likes having the CD especially for development plans. 6. EDC Sno Biz (J>aar- Update) Council Member Paar indicated the tentative date for Sno Biz is February 20 and 21, 2004. He then said that the EDC has no issue getting St. Genevieve involved and they like the idea of sliding down the hill. Council Member Paar indicated that the EDC would like to change the name to tie into the Fete des Lacs because everyone felt that Sno Biz did not fit. Council consensus was a name change would be fine. Ms. Moore-Sykes indicated that she and Ms. Paulseth met with the business women and they were excited and interested in participating in the Sno Biz opportunity. Council Member Paar indicated that the EDC would contact the Lions to see if that date works. He then said that the Experimental Aircraft Association will be offering free plane rides for kids from 8 to 18 with parental consent. Council Member Paar indicated that the EDC wants businesses to be involved but wants to change the name of the event. He then said that the Experimental Aircraft Association is insured by the EEA and they have event insurance that would list Centerville as well to eliminate liability for the City. Council Member Paar indicated the EDC likes the idea of having a meeting with Anoka County regarding the expansion of County Road 14 and the possibility of confirming the commencement date ofthe project. Ms. Moore-Sykes indicated it is her intention to invite all the County officials. Page 12 ofl4 City of Centerville October 22, 2003 Council Meeting Minutes Council Member Capra indicated she thought it would be nice to have an all City committee meeting after the first of the year even without the County to discuss strategic planning. 7. YMCA Ms. Moore-Sykes indicated that she was talking to Mr. Craig Bode who asked if the City has any interest in assisting with the funding of the YMCA. Council discussed the matter and determined that the City is not interested in funding the YMCA. 8. Police Task Force Council Member Lee indicated that City of Circle Pines did not move on the budget numbers so the default increase will be used. He then said that the City of Lexington mentioned again that they would like to change the formula and he does not agree with that. Council Member Broussard Vickers commented that it seems that what the Tri-City group has done, all of the cities benefit but it appears to be pulling apart and she would not be interested in changing the formula to anything that does not take into account the number of calls. She further commented that it may be time for the City of Centerville to look into alternatives. Council Member Lee indicated that all of the cities said they want the joint powers agreement to continue. Council Member Broussard Vickers commented that she thinks that the City needs to look at alternatives. Mayor Sweeney asked that Ms. Paulseth copy the information packet she had provided to him earlier in the year when there were meetings on combining police forces as it has valuable information in it. Ms. Moore-Sykes indicated that everyone expressed a desire to have the JP A completed by December. Council Member Lee indicated the other sticking point is the new building agreement because the JP A would be for five years but the cities would be tied together for the life of the bonding for the new building which could be 20 years. Council Member Capra indicated that ground was being broken for the new cable facility and meetings will be held there when it is completed. Page 13 of 14 City ofCenterville October 22, 2003 Council Meeting Minutes Council Member Capra indicated that there is a Community Project, "Scouting for Food" and there are drop boxes at Corner Express and Tom Thumb. She also volunteered to take care of dropping off the food collected by the Lions at the Haunted House. Mayor Sweeney announced that the Lions Haunted House and Bonfrre would be held October 23, 24, and 25, 2003 from 6:00 p.m. to 10:00 p.m. and a percentage of the proceeds will be donated to the schools. He also indicated that attendees could receive $1.00 off admission if they bring a non-perishable food item for donation. Council recessed to executive session at 8:38 p.m. X. CWSED - EXECUTIVE SESSION I. Performance Review - City Administrator Discussion ensued regarding the performance evaluation of the City Administrator, Ms. Moore-Sykes. The Mayor closed the Closed Executive Session at 9: 13 p.m. XI. RECONVENED REGULAR COUNCIL MEETING The Mayor reconvened the regularly scheduled City Council meeting at 9: 14 p.m. Council found the City Administrator's performance to be satisfactory. Motion bv Council Member Broussard Vickers. seconded bv Council Member Caora to me the Administrator a satiseactorv oerformance review and to receive a steo increase from Steo 9 to Steo 10. All in favor. Motion carried unanimouslv. xu. ADJOURNMENT Motion bv Council Member Broussard Vickers. seconded bv Council Member Caora to adioum the October 22. 2003 City Council Meetiu at 9:14o.m. All in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 14 of 14 CITY OF CENTERVILLE CITY WORKSESSION MEETING November 6, 2003 6:30 p.m. Unapproved I. CALL TO ORDER Mayor Sweeney called the Council Worksession to order at 6:30 p.m. Present at the meeting were Councilmembers Broussard Vickers, Capra, Lee and Paar; City Administrator Kim Moore-Sykes, Finance Director Ellen Paulseth, City Engineer Tom Peterson, Northland Securities representatives George Eilertson and Nick Skarich, Sedona Homes representatives Paul Kellior, Scott Montgomery and Pat Pelstring. II. DISCUSSION ITEMS a. Street Reconstruction Plan. Tom Peterson, City Engineer, presented a draft of the City Street Reconstruction Plan with timing modifications proposed for years 2004, 2006 and 2008. George Eilertson, Northland Securities, reported on the financing requirements regarding the use of bond proceeds. Mr. Eilertson indicated that generally the City can expect between 15% and 20% pre-pay from residents on their special assessments. He also indicated that these pre-paid amounts can be placed in a revolving account that can be used to help pay for the next project in 2006. The Council asked about the City's current interest rate for special assessments. Mr. Eilertson responded that he thought the City's interest rates are low enough to be competitive with the market. Council asked about including the 2008 street project in the bonding for 2004 and 2006. Mr. Eilertson indicated that that could be done, but that 5% of the total amount needed to be spent down within 3 years. He indicated that that is why those projects for 2008 were not included in this evening's proposal. Mr. Eilertson also recommended that the length of the City's bond for these street projects be expanded to 15 years in order to limit the City's financial exposure. Staff concurred. Council asked that this item be placed on the November 12th Council meeting agenda for further discussion. b. Tax Increment Financing Discussion. Nick Skarich, Northland Securities, presented information regarding setting up and administering Tax Increment Financing District for redevelopment. He indicated that economics dictated the size of the district; that doing individual parcels is not cost effective and not an efficient use of redevelopment dollars. When asked how fast the properties along 20th Avenue would develop, he couldn't answer as he said that redevelopment is market driven. He indicated that it would depend on the cost to the developer to acquire the property, the cost to demolish any existing substandard structures and the cost to remediate any existing soil conditions, i.e. wetlands, debris. He added that it is comparatively cheaper to develop unimproved land and that TIF is intended to offset the cost of mitigating existing conditions of the property to prepare it for redevelopment, thereby making redevelopment as attractive to a developer as unimproved land would be. Mr. Skarich also reported that if the City designates an area as a TIF District and no redevelopment activities commence within four (4) years, the properties within the district are automatically removed from the district. Council further discussed the issues associated with establishing and administering a TIF District. The City Attorney was asked what was needed to rezone the area and the City Administrator was asked to contact the Met Council about the City's high density residential benchmark. III. ADJOURNMENT The Council Worksession was adjourned at 8:30 p.m. Respectfully submitted by: Kim Moore-Sykes, City Administrator CITY OF CENTERVlLLE CITY COUNCIL MEETING NOVEMBER 12,2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on November 12, 2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney d Council Memb... Lee " e g~~:~~~ ~~:~: ~~ssard Kerp pro ABSENT: Council Member Capra ,... STAFF: City Administrator, Ms. Moore-Sykes City Attorney, Mr. Hoeft City Engineer, Mr. Peterson L CALL TO ORDER Mayor Sweeney called the November 12, 2003, City Council meeting to order at 6:30 p.m. n. SET AGENDA Mayor Sweeney indicated there would be a brief TIF discussion under the Sedona Homes/Jackson Commercial item. Council Member Lee requested that an update on the Police Task Force be added. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to aoorove the aeenda as amended. All in favor. Motion carried unanimouslv. Ill. APPROVAL OF COUNCIL MINUTES 1. October 22. 2003 Council Meeting Minutes Mayor Sweeney requested the following changes: On Page 12, Number 4 should be liquor and tobacco. Last sentence remove the word to. On Page 13 remove the word for. Council Member Broussard Vickers requested the following change: On Page 13, second paragraph add the word all. All of the cities benefit from the tri-city group. City of Centerville November 12, 2003 Council Meeting Minutes Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to approve the October 22. 2003 Council Meetin!! Minutes as amended. All in favor. Motion carried unanimouslv. IV. CONSENT AGENDA 1. The City ofCenterville October 23,2003 through November 12, 2003 Claims for Approval 2. Centennial Fire District Claims 3. Pay Request #3 - $50,257.84 (Dave Perkins/Peltier Preserve) Motion bv Council Member Lee. seconded bv Council Member Paar to approve the Consent A!!enda as presented. All in favor. Motion carried unanimouslv. V. A W ARDS/PRESENTA TIONS/APPEARANCES None. VL PUBLIC HEARING(S) 1. Delinquent Municipal Utilities and Garbage Services 2003 Certification to 2004 Property Taxes (Resolution #03-060) Mayor Sweeney opened the public hearing at 6:37 p.m. Ms. Moore-Sykes indicated the City goes through this process each year to certify the delinquent utility and garbage services for the year. Notices were provided to those on the list. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to close the public hearin!!. All in favor. Motion carried unanimouslv. Mayor Sweeney closed the public hearing at 6:38 p.m. Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers to approve Resolution #03-060 as presented. All in favor. Motion carried unanimouslv. 2. Special Assessments - Mound Trail Construction 2003 Certification to 2004 Property Taxes (Resolution #03-061) Mayor Sweeney opened the public hearing at 6:39 p.m. City Engineer Peterson provided a brief overview of the Mound Trail reconstruction. Page 2 of 15 City of Centerville November 12, 2003 COlUlCil Meeting Minutes Mr. Lloyd Drilling, 7185 Mound Trail, asked if the City knows where the City of Centerville property line runs. City Attorney Hoeft indicated that the City of Centerville owns the entire cul-de-sac. Mr. Peterson indicated the final paving would be done the end of this week or early next week. Motion bv Council Member Lee. seconded bv Council Member Paar to close the DubUc hearinll. All in favor. Motion carried unanimouslv. Mayor Sweeney closed the public hearing at 6:43 p.m. Motion bv Council Member Broussard Vicken. seconded bv Council Member Lee to aDDrove Resolution #03-061 as Dresented. All in favor. Motion carried unanimouslv. 3. Special Assessments - Peltier Preserve 2003 Certification to 2004 Prooerty Taxes (Resolution #03-062) Mayor Sweeney opened the public hearing at 6:44 p.m. City Engineer Peterson provided an overview of the Peltier Preserve project and outlined how the assessments were determined. He then pointed out that in March the estimated amounts were $4,160 and the actual assessment is very close to the estimate. Ms. Kim Horsnell, 1783 Peltier Lake Drive, indicated she had missed the last meeting but she heard talk that there was money from the City that was set aside to bring the assessments down. She then asked whether the City would be pitching in to make the assessments go down. Ms. Moore-Sykes indicated the City puts in a substantial amount of money and the rest is divided amongst the benefiting properties. She then said that the City usually pays the larger share of the cost for the water. Mr. Tim Schweppe, 7249 CentervilIe Road, indicated that he has the developer's contract from Lakeland Hills and there was $50,000 set aside to help with looping the watermain in the future. He then said that he would like to know what has happened to the funds that were "earmarked" for extending the watermain to benefit Lakeland Hills and why it is not being used to bring the assessments down. Council Member Broussard Vickers indicated that a large portion of the funds were used to extend the watermain up Main Street. Mr. Schweppe questioned whether that extension benefited Lakeland Hills as was the intent of the funds. He then said that he feels that the residents are not getting something Page 3 of 15 City of Centerville November 12, 2003 Council Meeting Minutes that they are supposed to get as the $50,000 was required of the developer for offsetting costs to extend the watermain to the benefit of Lake land Hills. Council Member Broussard Vickers indicated that approximately $30,000 was applied to The Shores watermain extension and she would like Staff to research the exact amount remaining to assist with this piece of the watermain extension. She then said that the amounts should be used to offset the costs to the City on the oversizing and then to the benefit of the residents to lower the assessments. She further commented that the funds were there to offset the costs to extend the watermain and loop it and not solely for the purpose of reducing the assessments to the benefiting properties. Mr. Schweppe asked Council to clarify language in the developer's agreements in the future to make things more clear. He then said that he believes the reason the $50,000 was written in was due to the resident input at the meetings and concern with extending the watermain down their street in the future. He further commented that he would be appreciative of any remaining funds to be used to offset costs but wishes the entire $50,000 was still available. Mr. Peterson commented that, at one time, there was a plan to loop Lakeland Hills by running the watermain underneath the creek but that was not feasible. Mr. Don Simonson, 7263 Centerville Road, indicated that this project has cost twice as much as it would have if the water waited until the street is redone in two years. Mr. Peterson indicated that the directional drilling is more expensive but there is not as much disruption. Council Member Broussard Vickers explained that the developer's contribution would not have been available had the City waited making the costs higher. Mr. Simonson asked where the developer kicked in any portion. Mr. Peterson pointed out where the watermain was paid for by the developer and indicated the remaining portion was split among the benefiting properties. Mr. Simonson indicated that residents have been looking for the $50,000 for some time and it has been discussed at every meeting. He then read from the March 26, 2003 minutes where a motion was made to determine the amount of funds remaining prior to determination of the final assessments. He further commented that the purpose of the $50,000 was to offset the costs oflooping for Lakeland Hills. Ms. Chris Lofgren, 7256 Centerville Road, commented that she does not feel It IS appropriate for the City to take some of the funds to pay for the over sizing because comments were made that the City does that automatically anyway. Page 4 of 15 City of Centerville November 12, 2003 Council Meeting Minutes Council Member Broussard Vickers indicated that the City does pay for over sizing. She then said that the $50,000 was to assist with looping and pay for those costs not specifically to reduce the assessment to the benefiting property owners. Ms. Lofgren asked whether her written objection should be submitted at this time. She then left her objection with Council. Mr. Simonson indicated that applying the $50,000 to the $99,000 and dividing the rest by the $24,000 the price is amazingly close to what would have paid if the City waited until they did the road. Mr. Schweppe asked proportionately how the funds benefit Lakeland Hills better by running water to The Shores. Mr. Peterson indicated that extension of the watermain was for future ability to loop back down to Peltier Lake Drive so there are really two points of looping Peltier Lake Drive, Centerville Road and Main Street. Mr. Tim Stevenson, 7289 Mill Road, asked how many years the assessments are to be paid over. Ms. Moore-Sykes indicated the payment is over a 10-year period. Mr. Stevenson indicated that his City water is working great and he does not see the benefit of having to pay for this when he already had water. He further commented that the developer should pay for the water 100% if he needs it for his development as he makes a lot of money. Mr. Stevenson indicated he received money back from the City as he had overpaid an assessment two years ago. He also indicated that he has City water. He further commented that he has City water and does not benefit from the water being run past his property. Ms. Moore-Sykes indicated she would look into the matter and contact Mr. Stevenson to discuss it. Mr. Peterson indicated there is no water main in front of Mr. Stevenson's house but the line was run kitty comer to provide water service to his property. Motion by Council Member Lee. seconded by Council Member Paar to continue the DubUc bearin2. All in favor. Motion carried unanimously. Council Member Broussard Vickers indicated she would like to look into how much money is available from the $50,000 set aside and use those funds to offset the over sizing and the rest to offset the costs to the residents. Page 5 of 15 City of Centerville November 12, 2003 Council Meeting Minutes Ms. Moore-Sykes indicated that Staff would mail out new numbers as soon as they become available. The next meeting is December 1,2003. 4. Special Assessments Pheasant Marsh. Phase II 2003 Certification to 2004 Property Taxes (Resolution #03-063) Mayor Sweeney opened the public hearing at 7: 10 p.m. Mr. Peterson reviewed the assessments for Pheasant Marsh Phase II and indicated that the costs worked out to $29,943 per lot in that subdivision. Ms. Moore-Sykes indicated that Ms. Marty, the attorney for Ground Development, has provided a letter of objection. Council Member Broussard Vickers asked if the letter is appropriate written notice for each parcel. City Attorney Hoeft indicated that it is. Council Member Broussard Vickers asked how they can object to Phase II when they waived the right to object. City Attorney Hoeft indicated that Ms. Marty has taken the position that she needed to object to Phase I and Phase II to preserve her right to object to Phase ill. Council Member Broussard Vickers asked whether Phase I has been paid. City Attorney Hoeft indicated that Phase I is paid and he believes they would like to pay Phase II before the end of the year as well. Council Member Broussard Vickers asked whether they are done objecting once they have paid. City Attorney Hoeft indicated that they would be. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to close tbe DubHe bearinS!. All in favor. Motion carried unanimouslv. Mayor Sweeney closed the public hearing at 7: 15 p.m. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to aDDrove Resolution #03-063 as Dresented. All in favor. Motion carried unanimouslv. VB. NEW BUSINESS 1. Sedona Homes Developer's Agreement/Final Plat Page 6 of 15 City of Centerville November 12, 2003 Council Meeting Minutes Mayor Sweeney indicated that Council Member Capra submitted a written letter that she had asked to have entered into the record. That letter is entered below as written (no corrections have been made): November 12, 2003 Honorable Mayor and Fellow Council Members I will not be in attendance for tonight's meeting due to a family emergency. I did want to express my opinions and concerns and am requesting this to be read into the public record regarding the proposed rezoning of the commercial property on 20th Ave. to a residential classification and the proposed TIF district. Rezoning and amending the Comprehensive Plan - To my understanding by State Statue you can change the classification of a zoned area with a simply majority, but you need a super majority to change the comprehensive plan. It is to my understanding the comprehensive plan is the legal document over any zoning ordinance. Therefore in order to make the change to the proposed property it would take amending the City's Comprehensive Plan. Even with my absence it requires a supermajority vote of all of the members to adopt and amend the comprehensive plan or portion thereof as the official municipal plan. Rezoning of Property - I am opposed to the rezoning of the present commercial property on 20th Ave. to residential. This City has limited commercial property available for development and I personally feel it should not be rezoned for residential. There are good arguments for the tax value of high-density housing verses commercial development. On the flip side of that high density house requiring more public service therefore in my opinion the benefit is outweighed by the expenses we historically have incurred by this type of housing verses the same tax value of commercial development. This City needs to evaluate the increased public service costs we will be facing from the current advancement of housing within our City before we add anymore. Livable Communities Act - The numbers that we all seemed to be concerned about from what I have found out are merely goals set by the Met Council and are only requirements if we want to apply for any Met Council Grants under the Livable Communities Act. The City has had these goals since 1995 and we have never applied for any of these grants. TIF District - My personal opinion regarding the proposed TIF district on 20th Ave. for the purpose of developing residential is only a benefit to the developer and not to the City. I am disappointed in the Councils opinion to only offer TIF for housing in this area and not for development of this area for its intended use as commercial. Mr. Drilling had request to building town homes in this area without TIF so why would be give TIF now. Page 7 of 15 City of Centerville November 12, 2003 COWlcil Meeting Minutes Soil Corrections - If we believe as stated soil corrections need to be made due to possible hazardous material having been buried on this site then I feel we should contact the EP A regarding possible hazardous dumping and have the current property owner take responsibility for the problem they have created. Rather than burden the taxpayers with this expense. Respectfully, Mary Capra Centerville City Council Member Mayor Sweeney indicated the rezoning is a simple majority but the Comprehensive Plan amendment would require a super majority. City Attorney Hoeft confirmed that the Comprehensive Plan amendment would require a 4/Sih vote of Council. Mayor Sweeney asked for any additional discussion over and above what was heard at the last work session. He then said that he feels this proposal would benefit the City by cleaning up that strip of the road and bring in more taxes albeit not for 10 years but the City will not lose any tax money and he does not think this will hurt the school system by overloading it with residents as Lino is adding a lot more students than the 130 townhomes in Centerville would add. He then said that TIF funds provide the City with the ability to use those funds for trails, the water tower, and possibly cleaning up the public works site. City Attorney Hoeft indicated he would need to research whether the funds could be used at the public works site. Council Member Broussard Vickers indicated that a TIF district does not have zoning attached. Mayor Sweeney indicated there is a misunderstanding that this would be a residential TIF district but it is a TIF district and the property is zoned separately. Council Member Lee indicated there is some stigma attached because of the City's history with using TIF funds to pay for City Hall and the law being changed and Staff missing it. He then said that he has done some research into TIF and he does not see that this proposal would hurt the City in any way. Council Member Paar indicated he has not changed his position. He then asked about the soil problems and who is responsible for that and why the City is paying for the soil problems. Page 8 of IS City of Centerville November 12, 2003 Council Meeting Minutes Ms. Moore-Sykes indicated there is no hazardous waste on the site and that is another misconception. The reference to poor soils stems from the nature of the land and the soil not being buildable which is no one's fault. Council Member Lee indicated that the City is not paying to do the soil corrections the developer would pay and TIF offsets the costs. Mayor Sweeney clarified that the tax payers are not funding the development. Council Member Paar indicated he has a hard time approving this request because he ran on bringing more commercial to town and keeping residential growth from getting out of control and he got the most votes. He then said that he does not want to let those that voted for him down by going back on what he campaigned on so he will not be changing his mind. Council Member Broussard Vickers indicated the Comprehensive Plan could not be amended with the current Council. Mr. Drilling, indicated that he has been assessed $150,000 for sewer and, if the soils are bad and cannot be developed, he feels they should get their assessment back. He further commented that he feels the City is not willing to assist with developing or provide direction on how this property could be developed and that is hindering the development and he would like his assessment back. City Attorney Hoeft indicated that it is not that Council does not want it developed it is the type of development. Mr. Drilling indicated there are certain soil corrections that need to be done and, if the City assesses and gives sewer and water, that tells him that it should be a developable piece ofland. Council Member Lee indicated the property is developable, it is just expensive. Council Member Broussard Vickers indicated the Council would consider a TIF district but not the rezone and Comprehensive Plan amendment. Mr. Drilling asked if the Comprehensive Plan has to be amended. City Attorney Hoeft indicated that state statute requires it. Mr. Paul Keleher, Project Manager for Jackson Commercial, LLC addressed Council and indicated that they feel that this project would benefit the City by spurring redevelopment and further growth on the commercial side of the street. Mayor Sweeney indicated he understood the position of Council Member Paar but explained that there is no longer a benefit of having commercial property over residential Page 9 of 15 City ofCenterville November 12, 2003 Council Meeting Minutes property when it comes to the tax base due to changes in the tax laws. He then said that he feels that residents would prefer their tax burden be lowered rather than choosing commercial over residential if they realized that there is no difference. He further commented that the corridor may develop within 10 years but this proposal would ensure that in 10 years the City has increased tax base to work with. Mayor Sweeney indicated that the TIP proposal has the added benefit of being able to use the money for funding the water tower and trail extensions. Council Member Lee indicated that he struggled with swapping commercial into residential but he feels that the homes along Main Street may be rezoned to commercial once the street is widened because it will not be a desirable residential location with CSAH 14 that close and that is how he justified letting this piece of commercial go because he anticipates obtaining rezoning of the parcels along CSAH 14 in less than five years. Council Member Paar commented that this City has been growing houses left and right for the last eight years and that has not spawned commercial growth. Council Member Broussard Vickers indicated that the area would look like a redeveloping new area and buildings tend to go into newly developed areas. She then said that she has watched proposals come and go for this piece of property and she sees this as being beneficial. Council Member Paar indicated that part of it is zoned industrial and some is commercial. Council Member Broussard Vickers indicated the industrial is on the other side of the street and it is all commercial property down that side. She then said that this City has tried to bring in developers but does not have as much to attract them as Hugo or Lino Lakes and this proposal would assist with redevelopment of that area. She further commented that if residents were told that more money would be brought in through the residential rezoning than through commercial development most residents would agree that reducing taxes is important and she supports this proposal because it would bring a nice development to town a lot sooner. Council Member Broussard Vickers commented that Council Member Capra is against this proposal but she feels as the Mayor does that Lino Lakes drives what happens in this school district and she does not understand the reference to higher costs associated with townhomes. She also said that the City is not creating a residential TIP district it is simply a TIP district. Mayor Sweeney indicated it is a redevelopment TIP district. Council Member Broussard Vickers indicated she thinks this would be a good thing for the City. She then said that if Council were interested and public hearings were held she Page 10 of1S City of Centerville November 12, 2003 Council Meeting Minutes reserves the right to change her mind based on input from residents or further information obtained but, at this time, she sees no reason why she would change her mind. Mayor Sweeney indicated that, if residents understand that there is not a tax advantage to having commercial, they would be in favor of the project as it would provide the tax base to lower taxes in the future. He then said there may be a surprise from the residents but he feels that taxes drive their opinions and the ability to lower taxes should be well received. Council Member Paar indicated that he did not hear that taxes were too high when he was running what he got was that residents do not mind the high taxes as long as this is a decent place to live and the other comment he got is that houses are going up way too quickly. Council Member Broussard Vickers commented that it is amazing that all those people are living in houses that somebody else did not want built and it seems that they all want the door closed behind them. Council Member Paar indicated he was not looking at no more houses at all but since he has been on Council the City has approved homes to come in quicker than planned which he did vote to approve but he does not think that 135 townhomes in the area is a good idea. He then said that the comments he has received are that people do not want townhomes. Council Member Paar commented that he did not appreciate the way this sort of slid in the back door as it started off as a commercial townhome project with Sedona Homes and evolved to a TIF proposal for a lot of townhomes. He then said he felt as if the Mayor and Council Member Lee were privy to the information and he and Council Member Capra were not. He further commented that he is not going to change his mind. Mr. Keleher indicated that he would like to add language to the developer's agreement to indicate that Phase I is Lots 1 through 10 of Block 1. City Attorney Hoeft indicated he had no issue with that change. Mr. Keleher indicated that they have an issue with the flood plain and being able to meet the requirement for flood storage on site. He then asked for the leeway of Council to work with the City's Engineer and Rice Creek Watershed District to come to an agreement on how to handle the flood storage as it may mean changing some existing flood plain designations. Council asked that this matter be placed on the December 1, 2003 agenda for further discussion on the flood storage issue. Page 11 of 15 City of Centerville November 12, 2003 Council Meeting Minutes 2. Resolution #03-059. Amending the City's Flexible Spending Account Ms. Moore-Sykes indicated that this is a housekeeping matter to allow for reimbursement of over the counter medications as is now allowed by the IRS. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to aoorove Resolution #03-059 as oresented. All in favor. Motion carried unanimouslv. 3. Donation of Old Copy Machine Located at Public Works to Chauncey Barett Gardens Ms. Moore-Sykes indicated that the City has an excess copy machine due to the purchase of a new machine for City Hall and would like to donate it to Chauncey Barett Gardens. City Attorney Hoeft indicated he had no issue with the donation. Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers to authorize the donation of the old co~y machine located at Public Works to Chauncey Barrett Gardens. All in favor. Motion carried unanimouslv. 4. 2004 Liquor & Tobacco License Renewals Council Member Lee asked if Waterworks and Kelly's renewals were received. Ms. Moore-Sykes indicated that they were not received and she had advised the clerk not to hold up approval of those that had been received. City Attorney Hoeft suggested including the language that is suggested at the bottom of the Staff memo concerning payment of property taxes and delinquent utilities. Motion bv Council Member Lee. seconded bv Council Member Paar to aoorove the Liquor and Tobacco License Renewals for 2004 for Comer Exoress. Sa2er's Liquor. Trio Inn. Tom Thumb. and WiseGuys Pizza subiect to confirmation of oavment of all orooertv taxes due on orooertv owned bv individuals aoolvinl! for Iicensin2 within the City of CenterviUe. confirmation of oavment of delinquent municioal utilities/2arba2e services and the State of Minnesota. Council Member Broussard Vickers indicated she had not seen insurance certificates for Comer Express and Tom Thumb. Ms. Moore-Sykes indicated those renewals are for tobacco only and do not require insurance certificates. VOTE: All in favor. Motion carried unanimouslv. Page 12 of 15 City of Centerville November 12, 2003 Council Meeting Minutes 5. Resolution #03-064 - 21st Avenue Special Assessments Motion bv Council Member Paar. seconded bv Council Member Lee to aoorove Resolution #03-064 as oresented. AU in favor. Motion carried unanimouslv. VIII. OLD BUSINESS 1. 7016 Brian Court - Req.uest for Extension to Move Shed Mayor Sweeney indicated the resident at 7016 Brian Court had asked for an extension to move his shed due to the weather. Council Member Paar asked when the letter was originally sent out. Mayor Sweeney indicated there are issues with moving the shed as it is on the high ground above the drainage swale that stays very wet. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to aUow an extension to Mav 31. 2004 to move the shed. AU in favor. Motion carried unanimouslv. IX. ANNOUNCEMENTSIUPDA TES 1. 1540 Peltier Lake Drive City Attorney Hoeft indicated that Council Member Capra was concerned with what was happening at the Moreland property and reported that it is his understanding that no one lives there and, as long as the yard is cleaned up and no one is living there, the City has no ability to require them to finish the clean up. He then indicated that if the lawn needs mowing or trees trimmed, that can be done and assessed to the property but the rest is up to the property owners unless someone wants to live in the home. 2. Chauncey Barrett Gardens 2nd Addition Ms. Moore-Sykes indicated that Anoka County advised her that they are interested in the second addition for Chauncey Barrett and intend to begin in the Spring of 2004. She also noted the delay was to partner it with another project to make it cost effective and said that she intends to meet with Anoka County and Dunbar Development next week to discuss the timeline and plans. City Attorney Hoeft indicated that Dunbar is putting up a senior building in Northeast Minneapolis and they put up a good product. Page 13 of 15 City of Centerville November 12, 2003 Council Meeting Minutes 3. Lifetime Achievement Award Ms. Moore-Sykes indicated that Council Member Capra had asked for a motion to approve funds to purchase the plaque, name plate for the picture, photo frame and photo reproduction and framing of the lifetime achievement award and nominee. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to aoorove the ourchase of the olaoue. name olate for the oicture. ohoto frame. photo reoroduction and framin2 of the Lifetime Achievement Award and Nominee. All in favor. Motion carried unanimouslv. 4. Police Task Force Council Member Lee indicated that Lexington is pushing to amend the formula to population based. Mayor Sweeney said you cannot have the highest populated City having the least amount of calls paying for the work going to another City. Council Member Broussard Vickers indicated she would like to look into other options for policing. The next Police Task Force meeting is December 2, 2003 at Lexington. Mayor Sweeney indicated the City had received a thank you from Mr. Peterson for the plan that was sent for his mother's funeral service. Mr. Peterson thanked the City for the plant and said it was a pleasant surprise and a very nice gesture. Council Member Paar indicated the EDC met and Bill Bisek was on the agenda asking that the City remain actively involved in the reconstruction of CSAH 14. He then indicated that Media Junction was at the meeting to discuss the tn-fold informational brochure and it was decided it may save costs to combine that with the business journal so they will be back with estimated costs for the next EDC meeting. Council Member Paar indicated that Snow Biz is scheduled for February 20, and 21, 2004 and the new name for the festival is Frozen Fete des Lacs. He then said that someone would be contacting the Lions to confirm the date. Mayor Sweeney indicated the Lions are working on both festivals. Council Member Paar indicated he could not make the tri-city meeting tomorrow. Ms. Moore-Sykes indicated that the tri-city meeting had been cancelled. Page 14 of 15 City of Centerville November 12, 2003 Council Meeting Minutes Council Member Lee indicated that Park and Recreation would like to have the parking lot at LaMotte Park paved next year and a pad for the skate park. The other issue is that they would like to change the routing of the trail on Pheasant Marsh Phase ill to have it make use of some of the high ground. Council Member Broussard Vickers indicated the trail was approved during Phase I and it is supposed to utilize the high ground in the back. Mayor Sweeney indicated the Police Commission would be meeting Thursday, November 13, 2003. He then indicated that he, Ms. Bender, and Ms. Moore-Sykes had attended the retirement event for Ms. Gerry Rismoen. He also indicated that oral board interviews are being conducted to replace the retired officer and the one that left for another city. Council Member Broussard Vickers indicated that the Planning Commission is working on clarifying Ordinance #4. x. ADJOURNMENT Motion bv Council Member Lee. seconded bv Council Member Paar to adiourn the November 12. 2003 City Council MeetinS! at 8:23 n.m. AU in favor. Motion carried unanimouslv. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 15 of 15 CITY OF CENTERVILLE CITY COUNCIL MEETING DECEMBER 1, 2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on December I, 2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member Lee Council Member Paar Council Member Broussard Vickers Council Member Capr ABSENT: None STAFF: City Administrator Ms. Moore-Sykes City Attorney Mr. Hoeft L CALL TO ORDER Mayor Sweeney called the December 1, 2003, City Council meeting to order at 6:35 p.m. II. SET AGENDA Mayor Sweeney indicated that Awards would be heard first. Motion bv Council Member Caora. seconded bv Council Member Pur to aoorove the a2enda as amended. All in favor. Motion carried unanimouslv. DI. APPROVAL OF COUNCn.. MINUTES 1. November 6. 2003 Council Work Session Meeting Minutes Motion bv Council Member Broussard Vickers. seconded bv Council Member Pur. to aoorove the Minutes of November 6. 2003 as Presented. All in favor. Motion carried unanimouslv. 2. November 12. 2003 Council Meeting Minutes Mayor Sweeney requested the following changes: On Page 5, last paragraph, last sentence change offsetting to offset. On Page 9 correct spelling of Drilling. On Page 12 change is to if. Page 1 of 19 Council Member Lee requested the following changes: On Page 9, second sentence insert the word "pay" to clarify. On Page 10, third paragraph change will to "may". Motion bv Council Member Paar. seconded bv Council Member Broussard Vickers to aporove the November 12. 2003 Council Meetinl! Minutes as amended. AU in favor. 4-Yea and 1 (Abstain-Caora) Motion carried. IV. CONSENT AGENDA 1. The City ofCenterville November 13, 2003 through December 1, 2003 Claims for Approval 2. Centennial Fire District Claims 3. Acceptance of Resignation of Mr. Mike Harris from the Economic Development Committee (EDC) 4. Approval of Funds for Business Directory (EDC) Motion bv Council Member Lee. seconded bv Council Member Pur to aoorove the Consent Al!enda as oresented. AU in favor. Motion carried unanimouslv. V. AWARDSIPRESENTATIONS/APPEARANCES 1. Water Fluoridation Reporting Systems Award to Public Works Ms. Moore-Sykes indicated that through the hard work and efforts of the Public Works maintenance team they were awarded the 2002 Water Fluoridation Reporting Systems Award. She then congratulated them on a job well done. 2. Lifetime Achievement Award - Chauncey Barett Council Member Capra read a synopsis of the information she had obtained while doing the interviewing for the award. Mayor Sweeney presented Mrs. Barett with the award on behalf of her late husband. Council Member Capra indicated that a photo of Mr. Barett would be placed in City Hall. She then thanked family members for the sacrifices they made to allow Mr. Barett to volunteer. Mrs. Barett thanked everyone who participated in the award and the family for coming. VL PUBLIC HEARING(S) 1. Truth-in-Taxation Q>roposed 2004 Budget) Mayor Sweeney opened the public hearing at 7:25 p.m. Page 2 of 19 Mr. Rick Box representing R & R Leasing addressed Council concerning the valuations for their property. City Attorney Hoeft advised him that valuations are handled by the County not the City. Ms. Paul seth indicated that he would have needed to come to the Board of Review meeting in the Spring to contest a valuation. City Attorney Hoeft advised him that he could contact an attorney and contest the valuation through the court system until March 31, 2004. He then recommended discussing the matter with his boss and seeking legal counsel. Council Member Capra indicated that the budget figures were offby $1.00. Ms. Paulseth indicated that Staff was estimating based on state information and was off by $1.00 on the estimate of State Aid that the City would be losing. Ms. Paul seth indicated the tax levy was increased by 3.96% over last year to cover a portion of lost State Aid. She then noted that there was no tax levy increase last year so that 3.96% covers two years. Council Member Capra asked for information on the amount of the increase to residents. Council Member Paar indicated his went down. Council Member Capra indicated hers went up. Ms. Paul seth explained that the city tax rate went down so if a property valuation stayed the same the resident would actuaIly see an 8.7<<'10 decrease but it is hard to predict because of the differences in valuation. She then said that having the tax rate go down 8% is good. Motion bv Council Member CaDra. seconded bv Council Member Lee to close the DubUc hearin2. All in favor. Motion carried unanimouslv. Mayor Sweeney closed the public hearing at 7:35 p.m. 2. Special Assessments - Peltier Preserve 2003 Certification to 2004 Property Taxes (Resolution #03-062) Ms. Moore-Sykes indicated that the Finance Director had looked into the history of the $50,000 for Lakeland Hills and has determined that the developer still owes the City $53,947.86. Council Member Capra indicated the $50,000 was in addition to the costs outstanding to the City. Page 3 of 19 Ms. Paul seth indicated the $50,000 in question was for oversizing and looping and was paid by a check and it is the other developer's costs that were not paid in excess of $50,000 and they were billed. Council Member Capra indicated that she feels that if the $50,000 was paid for the looping she would like to include the remaining amounts left over after subtracting out what was used at the Shores on the Peltier Preserve project. Ms. Paul seth indicated the $50,000 was to be used for the City's portion of costs for looping. The City made an agreement with the developer to loop water a different way and the funds were for the cost of what it would cost to go across the creek to mitigate extra costs for the City and there was never a mention of the money going to benefit residents. Council Member Capra indicated there was a motion in March of this year to utilize any remaining funds for this project. Ms. Paulseth indicated that Staff has been reviewing minutes but there are about 20 pages that make reference to this and she was just given them today and would need to further research it. Council Member Broussard Vickers indicated she had asked for the information to determine how much was left of the $50,000 for looping to be first applied to the City's costs on this project in order to determine whether the amounts to the residents were going to change. Council Member Capra indicated that she feels the developer's costs are more bills due the City that the developer did not pay and she does not feel it is fair to take the costs for looping out of those costs to offset what the City needs to collect. Council Member Broussard Vickers indicated she needed that number and when she has that she would be willing to apply the balance to the rest of the project but wants to pay the City's portion and take out what was applied to The Shores. Ms. Paulseth indicated that no oversizing has been transferred to The Shores fund yet because that developer did his own engineering and the project is not final. Ms. Paul seth commented that in every document that the City has it states that the funds were for the City's trunk costs and there is no evidence that it was to benefit the residents. City Attorney Hoeft indicated that the agreement that references the $50,000 was between the developer and the City and residents were not third party beneficiaries to that agreement. It was a benefit to the City for a particular project to benefit the water system. He then agreed with Ms. Paulseth that the City has no obligation to offset the assessment by any dollar amount but can choose to do so. Page 4 of 19 Council Member Lee asked whether doing so would create a precedent for the future. City Attorney Hoeft indicated the precedence would be very limited because this is a specific instance where the $50,000 was to be specifically allocated to better the water system. Council Member Broussard Vickers indicated that the funds were for the City for improving the water system to the benefit of all residents. She then commented that this would be a departure from the norm of applying the funds to City costs. She further commented that she struggles with whether it is appropriate to benefit 20 odd people versus having that sum being applied to the system that affects all residents with water in the City. Council Member Capra indicated that she believes that whatever is left over should benefit and offset the costs of those residents because the City did not have to run water that way. Council Member Broussard Vickers indicated the purpose of extending the water was to loop and that benefits the entire City. Ms. Paulseth indicated it would be hard to determine whether there is any money left over when figuring in all of the City's costs. Council Member Lee asked if there would be any further looping that would benefit Lakeland Hills. Mayor Sweeney indicated that if the documentation indicates the funds were to benefit Lakeland Hills to loop the water system then the funds should be used to offset the City's costs for doing so. Council Member Broussard Vickers indicated that any looping of the system benefits all residents equally. Council Member Paar indicated that if the documentation states the funds were to benefit the City to assist with the costs for looping then he does not think it should go to offset assessments to the residents. He further commented that this could set up future Councils for claims to reduce other residents' assessments. Council Member Capra indicated that she has not had a chance to research the matter and if there were an excess over and above, she would like to use it to offset the costs to the residents. Mr. Tim Schweppe, 7249 Centerville Road, indicated he has spoken to the developer from Lakeland Hills as well as Mr. Wilharber and the recollection is that the funds were to benefit the residents when water was looped to Lakeland Hills. He then said that Page 5 of 19 residents did not need water as they have wells and the residents are now being penalized because the City needed to loop its water system. Council Member Broussard Vickers indicated that everyone down Centerville Road had wells and said the same thing. The City pushes as much of the costs as possible onto the developer but those residents still had to pay assessments for City water. Mayor Sweeney indicated there may be a benefit on homeowners insurance for having City water. Mr. Schweppe asked the City to research through the minutes to find further information on the discussions concerning the Lakeland Hills project. He then said that the only reason water was brought down this street was because of the development and they will have to pay extra for directional drilling. Council Member Lee indicated that residents actually saved money because the developer paid a lot of the expense. Mr. Schweppe indicated that residents were forced prematurely to get City water when they already have wells. Council Member Broussard Vickers asked whether anyone hooked up. Ms. Moore-Sykes indicated there were some that were interested but the developer decided not to do the private hook ups. Council Member Lee indicated that $4,200 is not a lot of money for the assurance of safe City water especially since the costs to redrill a well can far exceed that. He also indicated that having City services increases the value of the property. Mr. Don Simonson, 7263 Centerville Road, indicated he had obtained a quote for a new well and was told it would cost approximately $3,500. He then said that a few residents are paying for the rest of the residents to have the benefit of looping. He further commented that this is costing nearly double what it would have cost if the City waited until the road was redone rather than directionally drilling. Council Member Capra asked Staff to check the minutes for the motion concerning the funds that was made earlier in the year. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to close the oublic hearin2. All in favor. Motion carried unanimouslv. Mayor Sweeney closed the public hearing at 7:20 p.m. Motion bv Council Member Lee. seconded bv Council Member Paar to aoorove Resolution #03-062 as oresented. Page 6 of 19 Council Member Capra indicated she could not vote to approve this until she has more information and research for clarification of the $50,000. VOTE: Aves - 4. Navs -l(Capra). Motion carried. VB. NEW BUSINESS 1. Resolution #03-065 - Peltier Preserve Utilities Oversizing Credit Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to approve Resolution #03-065 as presented. AU in favor. Motion carried unanimouslv. 2. Hockey Rink Attendant Ms. Moore-Sykes indicated that Public Works had asked whether Council desires to have a hockey rink attendant this year. Council discussed the matter and directed Staff to proceed with the hiring of a hockey rink attendant. vm. OLD BUSINESS 1. Jackson Commercial - Flood Plain Designation/Developer's AgreementlFinal Plat Mr. Paul Keleher, Jackson Commercial, LLC addressed Council and indicated he is working with Rice Creek Watershed District on the possibility of reducing the flood plain designation in the area of his development. Council Member Broussard Vickers asked whether Rice Creek has the authority to reduce the flood plain. Mr. Keleher indicated that Federal Emergency Management Agency (FEMA) has the ultimate authority but has delegated authority to the local governing body for final approval by FEMA. Council Member Capra asked whether this would affect the NPDES. Ms. Moore-Sykes indicated it overlaps for storm water but the established ponding should be appropriate. Council Member Capra asked that the City Engineer be kept apprised of what is going on as well as the NPDES officials. Page 7 of 19 Council Member Capra asked whether reduction of the performance bond would be approved by Council. City Attorney Hoeft indicated that Mr. Peterson would make a recommendation to Council for approval. Council Member Capra indicated she is concerned that enough funds be held for Phase I to cover any issues that arise during the construction of Phase II. City Attorney Hoeft indicated that Staff would handle it. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to aoorove the develooment contract with Jackson Commercial. LLC. Mr. Mike Carter, 6913 Sumac Court, indicated that he would be concerned with changing the ponds behind his home. Council Member Broussard Vickers explained that no physical work would be done on the ponds, but the developer is working to remove a flood plain designation. Mayor Sweeney indicated that this project should not affect the pond. VOTE: All in favor. Motion carried unanimouslv. 2. Jackson Commercial - Input Meeting Ms. Moore-Sykes indicated this item was placed on the agenda to gather input from the community concerning the proposed residential townhome development and was noticed in the paper. Mr. Brian Hanson, 1950 Center Street, indicated that he has lived in this area for seven (7) years and has seen various proposals come and go for this property. He then said that he has spoken to other residents in the area and they are in favor of the townhomes because there are other things that would be allowed that would be more of an impact to them. Mr. Hanson asked Council to carefully consider rezoning the property because the area residents prefer townhomes to commercial. He then said that the residents were asked what they would like to see and they answered townhomes. This proposal fits what people in the area would like and would be a nice buffer between residential and the industrial property. Mr. Hanson indicated that supporting this development brings more tax money to the City a lot sooner than it would happen on its own. He further stated that the City could sit on the property as it is and never have a development of this caliber come in. Page 8 of 19 Mr. Hanson commented that this area is not really conducive to commercial development and, due to the traffic patterns within the City, Main Street would be what he sees as increasing in commercial development. Mr. Murray Wilke, 1809 Center Street, indicated that it is his understanding that TIF is to be used as an incentive to promote commercial development not for residential. He then said that there is a housing boom in town so there does not seem to be a need to assist with residential development and he does not think it is fair to give public incentive for residential development. Mr. Wilke indicated he read through the minutes and saw an argument saying that residential provides as much tax benefit as commercial but he questions the social cost of having residential such as the burden on schools, police and fire. He then said that commercial provides a benefit through services to the community as well as the opportunity for jobs. Mr. Wilke indicated he did not have an issue with rezoning the property or doing the TIF but he does not feel that the TIF should be given with a residential rezoning because it gives an unfair advantage to the developer. Mayor Sweeney clarified that the reason for the TIF is not to make a residential TIF district. The reason for TIF is because there are soil corrections that need to be made as well as several substandard buildings that need to be demolished so the extra costs price the development out of the market. He further commented that the reason for the TIF was for redevelopment and there is the possibility of extending the district to part of the industrial park to bring in commercial. Other things that were discussed were taking additional mixed use and rezoning to commercial along Main Street. He then said that he feels that the traffic to support commercial is along Main Street and north. Mayor Sweeney commented that with the developments coming to Columbus Township that is going to pull traffic to the north and away from the south. He then said that Centerville does not impact the school district in the way that Lino does and he has had discussions with the police that these types of townhomes typically do not generate any additional burden and they would actually prefer this type of development to another club. Council Member Capra indicated she disagreed. She then said that she supports Mr. Wilke and asked why this was posted as a public hearing for the residential townhomes. Ms. Moore-Sykes indicated that this was noticed as a public information meeting. Council Member Capra indicated that Council does not have the votes to change the Comprehensive Plan and asked why this is moving forward. Mayor Sweeney indicated that this was not set as a public hearing, it was an opportunity for public input concerning the proposal. Page 9 of 19 Council Member Capra said that she felt the Mayor was stepping over his authority by directing Staff to run an ad and spending money for notices. She further commented that a motion is needed by Council to expend funds for notices and that was not done. City Attorney Hoeft indicated that based on the discussions at the prior Council meeting, Staff took the direction to schedule a public input meeting. He then said that the costs for posting the public information meeting were within the spending limit of the City Administrator. Council Member Lee indicated he feels it is important to hear what the public has to say on this matter so that he knows how the residents want him to represent them. Ms. Moore-Sykes indicated there have been other residential TIF projects done within the City of Centerville in the past. Council Member Capra indicated she wanted to finish the hearing and take a vote on the Comprehensive Plan. City Attorney Hoeft indicated that this is a discussion item and there has been no request to amend the Comprehensive Plan. Mr. Wilke indicated that the homes being added to Lino Lakes would begin paying taxes immediately but those within the TIF district would not be. Ms. Moore-Sykes clarified that schools are now funded by the state so TIF does not impact them the way it used to. City Attorney Hoeft indicated that a significant amount of funding of the schools is through the state. He then clarified that in order for a TIF district to be created there has to be some specific findings made as far as referencing the finding of substandard buildings and it also has to pass the "but for" test and that is that "but for" the TIF financing the development would not occur. He further commented that no additional taxes would be generated for the life of the TIF district for the school district but the idea is that the TIF financing ensures the City of increased taxes at the end of the life of the district. Council Member Broussard Vickers commented that development usually brings more development and it is her hope that taking out the unattractive buildings and redeveloping the area would then cause the other properties in the area to develop further increasing the taxes for the City. She then said that she does not think that the City would, in the near future, have all eight (8) parcels develop. Possibly one or two parcels but not all eight (8) at one time. Council Member Capra indicated she is opposed to this project because she does not want to give TIF for any portion of residential even if there is commercial involved. She said Page 10 of19 she is not opposed to a district if it is completely commercial. She then said that she disagreed with the fact that if you build it they will come because the townhomes on 20th were rezoned for residential and development never came. She further commented that her concern with public service costs is more the per capita for police and fIre and there are more public service costs with increased residential. Council Member Capra indicated that she would not be changing her mind and asked whether Council Member Paar had reconsidered his position on the matter. Council Member Paar indicated he was not sure why this is on the agenda and he did not know anything about the public input meeting. He then said he received fIve phone calls, 10 emails and two letters saying that they supported his decision and that they were glad to see he stuck to what he said he would do. He further commented that he has no information on the actual costs for the soil corrections and removal of the buildings so he is not sure that those costs spread over a $25,000,000 project amount to enough to warrant TIF financing. Council Member Capra indicated she had seen an amount of $1,500,000 for soil corrections but she spoke to two people in the excavating business who felt the estimate was high. Mayor Sweeney indicated that the developer would need to purchase the land with the buildings and then pay to demolish them so there are substantially more costs involved than if the developer were to purchase open land. Council Member Broussard Vickers indicated that only very few people have been heard from and the majority either do not care or feel it is not important enough to make their opinion known. She then said that she would like to hear from a lot more people before she makes the fInal decision. Mr. Hanson indicated that most people do not care until something impacts them directly by being built "in their backyard". He then said that the residents that this most affects are those that live adjacent to it and those residents have said they are in favor of the townhomes. He then asked that Council keep an open mind and take the thoughts and suggestions under consideration and look at the whole picture of how this could benefIt the City not just now, but in future years. Mr. Keleher indicated that this is a fairly complex development and, if done correctly, can be a win win situation for the developer and the City. He then said that this development would foster development within other parts of the City and a portion of the TIF funds captured go back to the City to be used to improve infrastructure items such as trails and the water tower. Council Member Capra indicated that she spoke to the representative from White Bear Township and they did TIF in an effort to spur industrial growth. Council Member Capra indicated that there is a senior housing complex that was rezoned and TIF was offered. Page 11 of 19 She then said that she spoke to the Mayor of Spring Lake Park and a council member from Blaine who have said that with interest rates the way they are, the City should only do a TIF district for commercial and not for residential because the benefits are really high and worth the costs to do residential for developers. Council Member Broussard Vickers indicated she respected the decisions for those people in their City but does not feel that it is appropriate to apply those decisions to this City. Council Member Capra indicated she has done research and made calls to look into the proposal and she believes she is the only one who did the research before making her decision. She also commented that she has gotten emails on the matter. Mayor Sweeney indicated that he would like to see the City consider rezoning the properties along County Road 14 after the street is widened. He then said that he feels the road will come through because of the costs associated with going around and the environmental concerns with the heron rookery. He further commented that it makes sense to rezone Main Street to commercial to revitalize downtown. Mayor Sweeney commented that taking land from the proposed area out of commercial and rezoning it to residential is not as big of an impact should the City rezone parcels on Main Street to commercial. He further commented that he feels Main Street is the natural area for commercial development. Council Member Broussard Vickers indicated that she was looking for more people with input. Mr. Mike Carter, 6913 Sumac Court, indicated he has lived in the area since 1987 and has seen things come and go. He then said that TIF concerned him at first until he learned how it is used and how it can benefit the City. He then said he would prefer to see townhomes go in because that type of housing usually has less of an impact to the school district than single-family homes do. He further commented that townhomes in the price range of $250,000 should attract people who do not cause issues for the police department. Mr. Hanson suggested obtaining information on the impact of townhomes to the police department. Mr. Lloyd Drilling commented that this has been being discussed for weeks and he feels sorry for everyone in this whole thing because there are two people on the Council who flat out state they will not change their mind for any reason at all. He then said that he has been involved in enough deals in this town to know that when people in this town do not like something people show up at meetings and make sure Council knows they do not like it but no one is here. Page 12 of19 Mr. Drilling indicated that the City has the opportunity to take some blighted buildings and marginal land and develop it and obtain funds to connect the trail system and that will never happen without this development. The City also has the opportunity to get a portion of the water tower paid for and redevelop downtown to spur commercial development. Mr. Drilling indicated that this rezoning makes sense as this property is not in an area that is conducive to commercial development. He then said that for some reason everyone is stubborn on this Council and two in particular who ran on information that commercial is better for the town, but that has changed and he would like Council Members to keep an open mind and listen to the public input before making decisions. Mr. Drilling indicated that he thinks this town needs more residential base to support the commercial. He then said that the commercial in this town is marginal, at best, and will be that way for a long time. This City has issues with the land that other towns do not have and he feels that if this developer wants to take this on and develop this property into something that can really improve the City, he would think that is something that this Council should have an open mind about. Council Member Paar commented that this is something that would benefit the developer and Mr. Drilling, a property owner. Mr. Drilling indicated that, for him, this has nothing to do with the money, he lives in this town and this is the best thing that is ever going to get done for this town. Mr. Drilling indicated that all of Main Street used to be zoned commercial but it was rezoned to residential because someone on Council owned property along it. He then said it is time to straighten out the Comprehensive Plan to something that makes sense with what is going on in the City. He further commented that the land is junk and not easily developed. Council Member Capra indicated she is open to considering commercial. Mr. Drilling indicated that this is not a commercial area because it is not accessible and it is not buildable and he wonders why the developers have even put this much effort into the land. Council Member Capra indicated that the developers will make a lot of money. Mr. Drilling indicated he does not want to go on with these meetings if he does not hear that Council Members have an open mind and will consider the information provided and resident input. He further commented that he has not seen a lot of opposition. Council Member Capra indicated that residents usually do not get involved until something changes such as when new developments go in and the trees are removed and then it is too late. She then said that she has looked into this proposal. Page 13 of 19 Mr. Drilling asked whether she has looked at how the City can benefit by connecting the trail and how good that would be for the City. He then said that the City really needed to consider the TIF assistance because the land is marginal and in an area that will not bring commercial development. He further commented that he does not feel that this property would ever develop if there were not assistance from the City. Council Member Capra said that Mr. Drilling could not negate what she has done, she was elected for her opinion and, on this, she disagrees with Mr. Drilling. She then said that she respects all those involved and their opinions but she disagrees. Mr. Carter suggested that Council consider the size of the City. Council Member Capra indicated that the size of this City is why she chooses not to rezone any commercial property to residential. Council Member Lee indicated that the Comprehensive Plan needs to be regularly amended as the City evolves because nobody knows for sure exactly how things will happen. Council Member Broussard Vickers indicated there is a process for review for the Comprehensive Plan which means that it is meant to be amended as the City changes over time. Mayor Sweeney indicated that if people knew when the Comprehensive Plan was drafted that the County would have federal dollars in 2006 to widen County Road 14 they may have done things differently. Council Member Broussard Vickers indicated that people did not know that there was going to be a change to bring the taxes paid by commercial and residential closer. She then said that you can choose to keep commercial for other reasons but the reason of for taxes only is no longer an issue. Ms. Paul seth indicated that the City has the potential to use TIF income for the water tower and other infrastructure projects which far outweigh any tax income that the parcel would produce. She then said that she does not have a crystal ball but her sense of the proposal is that financially the City would be in a better position. Mr. Drilling asked where the opposition is. Mr. Wilke indicated that from July up to last month this was commercial and then all of the sudden there is this residential proposal. He then said that he feels this is public incentive in an area that does not seem to need it for residential development. He then said that the minutes referenced land in Hugo costing $27,000 per acre and here it is $45,000 to $55,000 and asked why. Page 14 of19 Mayor Sweeney indicated that price was with the acquisition of the properties and the tearing down of the substandard buildings and soil corrections. He then indicated that the costs double the land cost to the developer and that puts the cost of the townhomes out of reach. Mr. Wilke indicated that this may be a great addition and asked Council to have an open mind and do what is fair after reviewing all the facts. Mayor Sweeney indicated he did not personaIly ask for this to be on tonight's agenda and assumes that it is on the agenda because of the discussion at the last meeting. He then said that if he heard from enough people that this was not a good idea for the City and that they did not want it he would consider changing his mind. But, if it is the other way around, and the majority of public input indicates this is a good idea for the City he would continue to support it. He further commented that he would not say that he will not change his mind because he does not agree with that and feels the information and public input should be considered before a decision is made. Council Member Broussard Vickers indicated that this does not move forward without a formal application for rezoning and then it would go through the public hearing process and bring in more resident input. Council Member Broussard Vickers indicated she wanted to hear what people think whether they think it is good or bad she wants to know why. She then said that ultimately, her responsibility is not to vote for the greatest number of people her responsibility is to vote for what is in the best interest of the City as a whole. She further commented that there was a whole group of residents at the meeting earlier on an assessment matter that feel they were voted against because Council voted on behalf of the entire City. Mayor Sweeney indicated he has an open mind and wilIlisten to reason and wiIllisten to those that say do it or not do it before he makes his tinal decision. Council Member Broussard Vickers suggested the Council separate the issues and determine whether the property will be rezoned and then whether TIF would be approved. Council Member Capra commented that the developer would not come in without the TIF. Council Member Capra indicated that she has contacted people and done research and made her decision off of the information she has. She then said that she is opposed to rezoning to residential but would be open to listening to any comments on commercial. Council Member Paar indicated that he did some research and made calls on his own with the limited time he has. He then said that this whole proposal caught him off guard when it was brought up at a meeting and he knew nothing of it. He further commented Page 15 ofl9 that his opinion should not surprise people because he ran on a platform of residential growth being out of control versus commercial growth and was elected because people agreed with him. Council Member Paar indicated that there are good things that could come from the proposal but there is no way of being sure that there will not be TIF issues. He then said he takes offense to the comments that two Council Members are too stubborn to change their minds because he has changed his mind in the past on a decision he made without all the facts. When he obtained the facts and found that he should have made a different decision, he did that. Council Member Paar indicated that he has received only emails and calls in support of his decision and not one that said he made a bad decision. He then said that he is doing what he feels is best for the City and, if he is not representing the people how they want to be represented, the next election could take care of that. He further commented that he believes that the residential growth is outpacing the commercial and while TIF and townhomes are not necessarily a bad thing he does not feel it is right for the City at this time. Council Member Paar indicated that he has done research and considered the proposal but has not been provided with any additional information or facts that would make him change his mind. He then said that he would listen to any additional information and public comment and is open minded but has yet to hear anything that provides him with facts to change his opinion. Council Member Lee commented that things are different, actually being on the Council than when running. He then asked that Council listen to the facts and consider the public input and not make decisions based solely on campaign promises. Council Member Paar indicated there are other issues with this proposal other than just his campaign. He then said that townhomes have the potential to cause issues with policing and he is concerned with using TIF for residential. He further commented that there is a lot of play in the numbers being presented and he has not actually seen a true estimate of costs to do the soil corrections and demolitions necessary so he does not have those facts to consider. Council Member Paar indicated that his decision is not based solely on what he campaigned on but because he does not feel this is a good thing for the City. Mr. Keleher indicated that it was not the intent of the developer to spring this on Council and he apologized for not knowing how the process worked. He then said that he is more than willing to sit down with Council individually or as a whole and provide more refined figures and discuss the proposal further. Council Member Paar indicated he is willing to listen to the information but what he has is what he has made his decision on. He then said that he has put serving on Council as a Page 16 of19 priority despite the fact that he has two (2) very young children and he takes his responsibility seriously making sure to return phone calls and respond to emails as well as do the research necessary to make appropriate decisions. Council Member Broussard Vickers indicated that she does question the process of how anyone comes to their decision or the decision they make, but she can try to influence it but would not call into question motivation. She then said that everyone thinks they are making the decision that is the best one for the City or they would not be here. Council Member Paar indicated that if the public comes he would listen to what they have to say. Council Member Broussard Vickers indicated she would like the additional financial information if there is a formal request for rezoning. IX. ANNOUNCEMENTSIUPDATES I. Capital Proiects Council Member Capra indicated that it has been a year since the capital projects went forward with litigation and she would like to see a close to them. City Attorney Hoeft indicated that the first set of interrogatories have gone out and, barring any unforeseen delay, the cases should go to trial in late 2004. Council Member Capra asked how much all of this will cost. Council Member Broussard Vickers indicated the City can collect its costs. City Attorney Hoeft indicated it is possible to collect the costs but the court could elect to award an amount that is less. Council Member Capra asked how much has been collected. Ms. Paul seth indicated she did not have the figures with her. Council Member Lee indicated he would be uncomfortable with stopping at this point because it sends a message that if you protest enough the City will stop. City Attorney Hoeft indicated he could provide information on the cases through the City Administrator because of ongoing litigation it can not be placed in packets. He also indicated that his office is keeping track of the costs of the collection for clarification. 2. EDC Recommendation on Downtown Revitalization and County Road 14 Page 17 of 19 Ms. Moore-Sykes indicated that the EDC is seeking the approval for use of Staff time to research and write grants. Council Member Capra clarified that Mr. Kraft was not part of the design team he was part of the commercial corridor out by County Bank. Council Member Broussard Vickers indicated that she thinks it is too preliminary to work on grants when the City does not know what the County plans to do. Ms. Moore-Sykes indicated that the County is reviewing bids and has asked the Administrators to review and provide feedback and she is in the process of doing so. Council Member Lee asked Staff to provide a summary of the plan for Council when the review is done. He then agreed the City should be proactive in this project but the City has no authority over what the County decides to do. Council Member Broussard Vickers indicated she would like to table this request until the City has a better idea of what the County's plans are. She then said that she has concerns that individual members of the EDC not go forward representing themselves as City officials making comments that are sanctioned by the City. She further commented that if that happens, she would ask that they be removed from the EDC immediately. Council Member Paar indicated that Mr. Bisek's main concern is that the City show the County that the City wants the road coming through rather than going around. Council Member Broussard Vickers indicated that Mr. Bisek may want the road to go through but that may not be the vote that comes from this Council. Council Member Capra indicated she told Mr. Bisek that the City is involved with the County through the Tri-City group. Ms. Moore-Sykes indicated there is a tri-city meeting on December 11, 2003. Council recessed to closed session at 9:22 p.m. X. EXECUTIVE SESSION 1. Union Contract Negotiations 2. Personnel Policy Council reconvened the Council meeting at 10:22 p.m. Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers to authorize the Mavor and City Administrator to execute the WOE. Local 49 contract for 2004. 2005 and 2006 if the contract al!reement is consistent with executive session discussion. Page 18 of 19 , VOTE: All in favor. Motion carried unanimouslv. Motion by Council Member Broussard Vickers. seconded by Council Member Paar to revise the City's Personnel Policv to convert the traditional schedule for sick and vacation accrued leave to a Personal Time OfT lPTOl accrual schedule: limitinS! accrual to 22 davs by year-end: and desiS!natinS! 2004 as a S!race neriod whereby emnloyees with more than 22 days in accrued leave shall use the time or cash out those hours to brinS! the balance to 22 davs bv 12/31/2004. VOTE: All in favor. Motion carried unanimouslv. XI ADJOURNMENT Motion bv Council Member Broussard Vickers. seconded by Council Member Paar to adioum the December 1. 2003 City Council MeetinS! at 10:25 n.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 19 of 19 CITY OF CENTERVILLE CITY COUNCIL MEETING DECEMBER 23,2003 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on December 23,2003, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney d Council Member Lee e Council Member Paar Council Member Broussard Vickers p rO~ Council Member capr~ ~ None City Administrator, Ms. oore- ykes City Attorney, Mr. Hoeft City Engineer, Mr. Peterson ABSENT: STAFF: I. CALL TO ORDER Mayor Sweeney called the December 23, 2003, City Council meeting to order at 6:30 p.m. II. APPROVAL OF AGENDA Council Member Paar added the joint powers police department under New Business number 9. Council Member Capra added as number 2 under New Business a Tri City Meeting MUSA discussion. Council Member Capra added a discussion of the bid process as a part of the street project discussion under New Business. Ms. Moore-Sykes added under announcements and updates - Kelly's Liquor License. Mayor Sweeney added the Lions under Awards/Presentations. Mr. Hoeft added under Announcements/Updates, Ground Development Special Assessment Appeal. Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers to approve the aeenda as amended above. All in favor. Motion carried unanimouslv. City of Centerville Council Meeting Minutes December 23, 2003 III. APPROVAL OF COUNCIL MINUTES 1. December 1 D. 2003 Council Meeting Minutes Council Member Broussard Vickers requested the following change: On Page 4 of 8, under number 3, change the word perform to "enforce". Council Member Capra requested the following change: On Page 8 of 9, change tri-city to Tri-City. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to approve the December 10.2003 Council meetine: minutes as amended. All in favor. Motion carried unanimouslv. IV. CONSENT AGENDA 1. The City of Centerville December 11, 2003 through December 23, 2003 Claims for Approval 2. Centennial Fire District Claims 3. Successful Completion of Year 5 and Performance Review - City Clerk 4. Hiring of Rink Attendants Council Member Lee removed Items 3 and 4 for further discussion. Motion bv Council Member Lee. seconded bv Council Member Caora to aporove Consent Ae:enda Items 1. and 2 as presented. All in favor. Motion carried unanimouslv. 3. Successful Completion of Year 5 and Performance Review - City Clerk Council Member Lee asked for a summary of the review process. Ms. Moore-Sykes replied the process was a form filled out that was acceptable throughout the cities that talked about various items on performance, based on the job description. She stated the review was based on a scale of 1-5. She indicated she then went through the performance review form with the employee and discussed it with them. She stated she also had the employee fill out a self-appraisal. 4. Hiring of Rink Attendants Council Member Lee asked if there were applicants from last year. Ms. Moore-Sykes replied they had two repeat applicants. Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers to approve Consent Ae:enda Items 3. and 4 as presented. All in favor. Motion carried unanimouslv. Page 2 of 11 City of Centerville Council Meeting Minutes December 23, 2003 V. A W ARDSfPRESENTATIONS/APPEARANCES 1. Anoka County - Chauncy Barett. Ms. Karen Skepper Frank Dunbar, Anoka County Housing Authority, stated the concept would be to build 31 additional senior housing units. He stated this would be a two-story building. He drew a rough concept plan for the Council. He indicated they hoped to start this in March, with completion in November and bring the plans to the Council in January. Council Member Capra asked how would a two-story building look next to the current one story building. Mr. Dunbar replied it would be the same architect and this had been done previously in other communities with success. He noted the neighbors did not have too many concerns regarding this expansion. He stated they already have a waiting list for the development. 2. Mr. Paul Palzer. Public Works DirectorlBuilding Official - (Departmental Update) Mr. Palzer, Public Works DirectorlBuilding Official, stated they hoped to have the ice and the warming house open after Christmas. He updated the Council on department plans for the next quarter. Council Member Capra stated MUSA had determined the City had very little sewage capacity and it was necessary to have a Water Management Service Plan in place. She stated they did intend on having a meeting with Council within the next couple of months. 3. Mr. Dennis Shudy - ReQuest to purchase City Owned Property - Cedar Street Park Mr. Shudy presented his request to purchase Cedar Street Park, a city-owned property. He stated this piece of property had not generated any income for the City. Council Member Capra noted this was reserved for a park and it would revert back to the county if not used as a park. Mr. Palzer replied this was tax forfeited land to be used as a park and if the City did not use it as a park, the City would need to purchase the land and then it would be free and clear to sell to Mr. Shudy. Council Member Broussard Vickers asked if the City did not want to purchase the property, could they "undeed" it. The City Attorney replied there was a restriction on the property and he would not recommend the City turn the property back to the County. Council Member Broussard Vickers stated she did not see the benefit of a park in this area and she would have no objection to selling it. Page 3 of 11 City of CentelViJle Council Meeting Minutes December 23, 2003 Council Member Lee requested Ms. Moore-Sykes investigate the value of the land. Mr. Shudy stated he would be willing to purchase it for approximately $100,000 for the land. He indicated he would hook up to Lino Lakes water and run a sewer line along 20th Avenue. He stated he would like to set up a business on the property, which would generate revenue for the City. Mayor Sweeney stated he would like the land appraised for the actual value of the property. 3. Lions Club "Fete des lacs" Festival Mr. Greg Kieselhorst, representative of the Lions, updated the Council on the "Fete des lacs" festival for August 8,2004. He stated they were looking to redo the street dance and possibly add a band or two. He asked the City for a $25,000 donation for the festival. Mayor Sweeney asked if they had spoken with the Spring Lake Park Lions. Mr. Kieselhorst replied they had not approached them, but they were going to ask them for a $10,000 donation, which would be payable to the City of Centerville and it would need to be endorsed over to the Lions for the festival. Mayor Sweeney stated this would allow the Lions Club to plan and pay for everything without spending months knocking on doors asking for donations. Council Member Capra stated as long as what they were asking for was legal, she had no problem with this request. She noted the City was allowed to pay for the bands and restroom facilities. Mayor Sweeney stated the money would simply be donated to the Lions Club and there would be no restrictions as to where the money was spent. Council Member Broussard Vickers stated she was comfortable with donating $15,000.00 as budgeted. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to authorize the expenditure of $15.000 for Fete des lacs festival for the tent rental. restroom facilities. and bands. All in favor. Motion carried unanimouslv. VI. PUBLIC HEARINGS None. VIII. NEW BUSINESS 1. Appointments - Resolution #04-00 I Page 4 of 11 City of Centerville Council Meeting Minutes December 23, 2003 Ms. Moore-Sykes presented a draft resolution regarding the appointments for 2004. Council Members Capra and Lee requested corrections to the proposed Resolution adding various committee members. Council Member Paar noted the Tri-City Police Department needed to be removed. Council Member Capra stated the Tri-City was asking the City to appoint a staff member to this meeting. She noted the name would also be changed next year to reflect the additional cities and townships that had been added. She indicated they were hoping to meet twice in January. She stated they wanted to prepare a Joint Powers Agreement with all of the cities. Mayor Sweeney asked if the City Administrator would like to do this. Ms. Moore-Sykes replied she was willing to attend these meetings. Mayor Sweeney noted they needed to appoint a second individual to the Police Governing Board. Council Member Lee stated he would be willing to be the second individual appointed on the Board. Motion bv Council Member Lee. seconded bv Council Member Paar to aDDrove Resolution #04-001 as amended. VOTE: All in favor. Motion carried unanimouslv. 2. Street Proiect (Schedule Public Hearing and Meeting Place) Mr. Peterson indicated that he had been working on the 2004 reports and they had been receiving some resident inquiries regarding the street project. He suggested they notice a public information meeting on the street project to the 110 residents who would be affected by the project. Council Member Broussard Vickers requested the meeting be held in January at the school. Council Member Capra asked if they needed to obtain bids for the water tower and street project. Mr. Peterson stated they had to receive quotes, not bids. Council Member Capra stated she believed they should obtain competitive bids for engineer professional services projects. Ms. Moore-Sykes noted there was also a learning process for a new engineer, which could delay the project. Page 5 of 11 City of Centerville Council Meeting Minutes December 23, 2003 Mr. Hoeft stated the City should not do this unless they intended to look at changing engineers. He noted the bids were very expensive to prepare for the engineers and there was the risk that all the bids would come in higher than the existing engineer was doing it for. He also noted as long as the City was satisfied with the work currently being done, it was not necessary to open it up for bids. Council Member Capra noted it was Council's duty to be fiscally responsible with the taxpayer's money and she did not want to issue a "blank check" for this type of service. She indicated these were two very expensive project and she believed it was up to the Council to try and save the residents some money by opening this up for bids. Council Member Paar replied he agreed somewhat with Council Member Capra, but believed it was too late to obtain bids because the existing engineer had already done the groundwork. He stated he did not believe they would get fair bids at this point in the process. Council Member Lee acknowledged this was a lot of money and he believed it would not hurt to investigate what other firms would charge, but because this project had already been started, he believed it would be a disservice at this point. Council Member Broussard Vickers stated she was satisfied with the current process and believed if they went out for bids at this point it would ultimately delay the process. Council Member Capra asked in the future if they could consider obtaining bids for large projects. Mayor Sweeney stated he was in favor of saving residents money, but he noted they had an engineering firm in place that knew the City and what the City expected and if they had to bring in a new engineering firm, he believed the projects would be delayed and the City would be opening themselves up to some of the same issues and problems they had in the past. 3. Review Building Inspector's Job Description Ms. Moore-Sykes presented the Building Inspector's job description and requested Council input. Mayor Sweeney stated basically the City would be built out within the next two to three and asked if they would really need a Building Inspector, or would they be doing public works duties in the future. Council Member Broussard Vickers noted the surrounding commumtles were still growing and there was a possibility of contracting the Building Inspector out to these communities. Ms. Moore-Stykes replied the City of Hugo was not interested in contracting with Centerville for a building inspector, but was interested in contracting their Building Inspector out to Centerville. Page 6 of II City of Centerville Council Meeting Minutes December 23, 2003 Council Member Lee asked what type of liability would they be setting the City up for if they contracted Building Official services from Hugo. Mayor Sweeney replied the Building Inspector would enforce state building codes and not city building codes. Council Member Capra asked if an existing staff member could possibly hold this position. Ms. Moore-Sykes replied this was a possibility. Mayor Sweeney stated it did not make sense to train in a Building Inspector for three or four years and then have them leave. Mr. Palzer replied he believed hiring a Building Inspector would be cheaper than contracting for one. He stated he believed they could handle the Building Inspector position with the existing staff though. He recommended possibly hiring two people for part-time summer help, as well as filling the Building Inspector's position and if they need an additional Pubic Works employee, they would come back to Council. He noted if the Building Inspector was not busy, they would be helping in Public Works. Mayor Sweeney requested Ms. Moore-Sykes investigate what the cost would be for contracting for a Building Inspector for informational purposes. Mayor Sweeney stated he was not comfortable with creating this position without knowing all of the costs involved. Council Members Capra and Broussard Vickers replied they were comfortable hiring for this position at this time. Council Member Lee noted the chain of command needed to be clarified for this position by stating the direct guidance would be under the Public Works Director with general guidance under the City Administrator. Council directed staff to hire for this position. Motion bv Council Member Caora. seconded bv Council Member Broussard Vickers to aoorove chan!:in!: the Buildin!: Insoector's descriotion to Buildin!: InsoectorlPublic Works and staff to hire for this oosition. Mayor Sweeney stated he would not be voting for this because he wanted further information on contracting services. VOTE: Motion carried 4-1 (Mavor Sweeney). 4. Capital Improvement Plan - Resolution #03-070 Ms. Moore-Sykes presented the Capital Improvement Plan for Council's consideration. Council Member Broussard Vickers requested this be brought forward at a future Council Work session for discussion. Page 7 of 11 City of Centerville Council Meeting Minutes December 23, 2003 Motion bv Conncil Member Bronssard Vickers. seconded bv Conncil Member Lee to table the Capital Improvement Plan and Capital Asset Policv to a Conncil Work Session in January as presented. Ms. Moore-Sykes noted the Capital Asset Policy should be approved prior to year end. Council Member Lee withdrew his second. Council Member Broussard Vickers withdrew her motion. Motion bv Council Member Broussard Vickers. seconded bv Council Member Capra to table the Capital Improvement Plan. Resolution #03-070 to a Council Work Session in January. 2004. All in Favor. Motion carried unanimouslv. 5. Capital Asset Policy - Resolution #03-071 Ms. Moore-Sykes presented the Capital Asset Policy for Council consideration. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to approve Resolution #03-071 as presented. All in favor. Motion carried unanimouslv. 6. Audit Engagement Letter Ms. Moore-Sykes presented the audit engagement letter for Council consideration. Council Member Capra asked for further explanation of the last paragraph of the letter regarding a higher cost for a risk assessment. Ms. Moore-Sykes replied the process might be a little longer for this process, but she did not believe the cost would be much. Motion bv Council Member Broussard Vickers. seconded bv Council Member Paar to approve the Audit En!!:a!!:ement Letter as presented. All in favor. Motion carried unanimouslv. 7. Hunters Crossing, 1 st Addition Escrow Request Mr. Peterson explained this would return Mr. Carlson's escrow of $7,000 that was paid under condition of the Hunters Crossing Phase I Development Contract executed in 2000. Council Member Capra asked about the repair of the curb in the area. Mr. Palzer replied Mr. Carlson had stated he would repair the curbs during the next phase. Council Member Lee asked if there was any reason they would not want to hold onto the escrow funds until the warranty period had expired. Mr. Hoeft replied the finance department was interested in closing out accounts and cleaning them out, however, Council may want to hold on money depending on the contractor's track record. He noted this would not set a precedence for the next developer. Page 8 of 11 City of Centerville Council Meeting Minutes December 23, 2003 Council Member Lee agreed that these funds should be returned to Mr. Carlson. Motion bv Council Member Broussard Vickers. seconded bv Council Member Lee to approve the Hunters Crossin!: 1st Addition Escrow Request as presented. All in favor. Motion carried unanimouslv. 8. 1753 Dupre Road - Sod/Landscape Escrow (Hvdroseeded) Ms Moore-Sykes stated an issue had arisen regarding the City sod requirement on 1753 Dupre Road. She noted it was staff's recommendation that sod be placed and not hydo- seeding. Council Member Broussard Vickers stated the contractor had been informed and she did not recommend the escrow be returned. Council Member Lee agreed that if they allowed this to happen, this would set precedence for future contractors. Council Member Capra stated she believed the City had previously lost a sod escrow case approximately 7 to 8 years ago and requested staff research this. Council Member Broussard Vickers stated she felt sorry for the resident, but this was an issue between the resident and their builder. 9. Tn-City Police Joint Powers Agreement Council Member Paar asked why the changes were not done in color. He stated he had heard from residents expressing concern about this change. It stated he did not remember the structure being changed at a Council meeting. Council Member Broussard Vickers stated she had asked if the citizens would be removed and the Council was informed they were being removed. She also noted this had been discussed in the past about changing the structure. Council Member Lee noted the reason this was changed was because the Police Department was a large portion of all of the cities' budgets and the cities believed the elected officials of the cities should supervise this. Ms. Moore-Sykes replied another City had prepared this Agreement and that was the reason it was not redlined. Council Member Paar requested redlined documents in the future. He also asked why the Commissioners were not notified of this decision. Page 9 of 11 City of Centerville Council Meeting Minutes December 23, 2003 Mayor Sweeney replied this had been discussed at the last Police Commission meeting in depth and the biggest problem was that all of the Commissioners had put in a lot of time into the Commission and they were not personally notified of this change. He noted the Commissioners were very angry that they had not been informed about this change. Council Member Broussard Vickers asked if the Commissioners had received a copy of this Agreement prior to it being brought to the cities. Mayor Sweeney replied the Commission had not seen the document prior to it being approved by the cities. Council Member Capra requested a letter be sent from the Council to the Centerville citizen Commission members thanking them for their time on the Commission and an apology that they were not notified in advance. Council Member Broussard Vickers stated citizen input was still welcome at the Commission. Mayor Sweeney stated the major concern among the Commissioners was the poor way they were treated. He stated he wanted the upcoming Governing Board to also recognize these individuals. Council Member Paar stated it was still important to involve the former Commissioners in the Governing Board process if possible. Council Member Capra stated she would like the Governing Board to have some type of a citizen review/input for this new Board. Mayor Sweeney stated this would be a good idea, but he did not believe any of the former Commissioner would be interested in assisting the new Governing Board. IX. OLD BUSINESS None. X. ANNOUNCEMENTS/uPDATES 1. Tri-City Meeting This was discussed previously. 2. Met Council MUSA Council Member Capra noted there were three projects the Met Council would be meeting with staff in the near future. She noted it was important the City prepare a Surface Water Management Plan as soon as possible. 3. Kelly's Liquor License Page 10 of 11 City of Centerville Council Meeting Minutes December 23, 2003 Ms. Moore-Sykes stated the City would be holding the liquor license because Kelly's had not complied with all of the requirements to date. She stated the owner was aware of this and she had left him two messages today. She noted ifhe did not fulfill the requirements, they would not be able to serve liquor after midnight on December 31, 2003. 4. Ground Development Special Appeal Mr. Hoeft stated a complaint had been filed against the City over the assessments and this would be discussed at an Executive Session in January. He indicated this has been forwarded on to the League to see if this would be covered under the insurance policy. He stated the League had denied coverage. He noted the City would need to answer the Complaint and he had asked for a 20-day extension in which to answer the Complaint. Council Member Capra asked if they could recoup the attorney fees for this. Mr. Hoeft replied they could ask for reimbursement, but he did not believe the Courts would award it. Council Member Paar requested residents not drive their snowmobiles on private property or City Parks or the City would have no choice but to enforce a snowmobile ordinance. He requested they drive on the streets only and they go slow. XI ADJOURNMENT Motion bv Council Member Lee. seconded bv Council Member Broussard Vickers to adiourn the December 23. 2003 City Council meetinl! at 8:45 p.m. All in favor. Motion carried unanimouslv. Transcribed by: Kathy Altman, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 11 of 11