HomeMy WebLinkAbout2002 CC Minutes
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CITY OF CENTERVILLE
CITY COUNCIL MEETING
JANUARY 9, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on January 9, 2002, at City Hall, 1880 Main Street.
PRESENT: Mayor Tim Swedberg
Council Member Dick Travis
Council Member Mary Capra
Council Member Mari Nelson
Council Member Linda Broussard Vickers
ABSENT: None.
STAFF: City Administrator Ms. Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
Public Works Director, Mr. Paul Patzer
I. CALL TO ORDER
Mayor Swedberg called the January 9, 2002, City Council meeting to order at 6:30 p.m.
ll. SET AGENDA
Council Member Capra requested that an executive session to discuss Teresa Bender's
performance review be added at the end of the meeting. She also requested that an
update of the Turcotte property be added under Old Business as well as a discussion
concerning National Volunteer Recognition Week.
Ms. Moore-Sykes requested that the Final PlatJDeveloper's Agreement for Eagle Pass 2nd
Addition be removed from the agenda. She then noted that Mr. Quigley had contacted
City Hall and indicated he had surgery over the holidays and was unable to attend the
meeting. She further noted that Mr. Quigley had indicated he would be able to attend the
next Council meeting and asked that the matter be placed on the agenda for that meeting.
Ms. Moore-Sykes requested that any items needing input from the City Engineer be
moved up in the agenda because Mr. Peterson needed to leave the meeting early.
Council Member Nelson indicated she would like an update on the Sheehy property. Ms.
Moore-Sykes indicated that Mr. Patzer would' be at the meeting later in the evening and
suggested he could provide an update or she could provide an update at the next Council
Page 1 of 24
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Meeting. Council Member Nelson indicated she would like an update at the next Council
meeting.
Council Member Travis indicated that the EDC had requested that they be allowed to
address the Council at this meeting.
Motion bv Mavor Swedber2. seconded by Council Member Nelson to aoorove the
a2enda as amended. All in favor. Motion carried unanimously.
III. PUBLIC HEARlNG(S)
None.
IV. APPEARANCES/A W ARDS
None.
V. CONSIDERATION OF MINUTES
1. December 12. 2001. Council Meeting Minutes
Council Member Nelson requested the following change: On Page 17 under 2002 draft
budget motion indicate that Mayor Swedberg and she voted no.
Council Member Capra commented that she thought the motion on Page 8 should refer to
tobacco not liquor. Mayor Swedberg asked Staff to review the tape to make a
determination.
Council Member Travis requested that the last sentence on Page 2 be changed to indicate
that the road should be left in a "same or better" not "similar" condition.
Motion bv Council Member Nelson. seconded by Council Member Caora to
aoorove the December 12. 2001 Council Minutes as amended. All in favor. Motion
carried unanimously.
VI. PETITIONS AND COMPLAINTS
None.
VII. OLD BUSINESS
1. Liquor License RenewallFines
Mr. Bill Bisek of Kelly's Comer indicated that he had received a letter from the attorney
for the Minnesota Licensed Beverage Association in support of the liquor establishment
Page 2 of24
owners. He then provided copies of the letter to Council and read the letter for those in
attendance. The letter is as follows:
Mayor Tim Swedberg
City Hall
1880 Main Street
Centerville, MN 55038
Dear Mayor:
The Minnesota Licensed Beverage Association (MLBA) is a non-profit trade association
of both on and off sale alcohol beverage licensees statewide. Our membership is nearly
2000 and our mission is to assist in regulatory enforcement of retail sales of alcohol at
Federal, State and Local levels of government.
It has come to the attention ofMLBA that 100% ofCenterville's retail alcohol beverage
licensees have been fined $500.00 for alleged failure to complete their license application
in a lawful fashion. It appears that the fines were levied prior to an administrative or
judicial hearing.
This is of great concern to MLBA. We represent our members of Centerville and need to
protect them from improper procedure and members statewide do not want precedent set
that allows for a weakening of due process. It is due process that protects licensees from
arbitrary and capricious regulatory decisions.
While we raise these concerns, it is the hope of MLBA to foster good will and strong
working relationships between its members and local governments such as Centerville.
MLBA hopes that the council will reverse the fines levied and create a process that gives
notice to license holders when problems arise. Good communication will also reduce
costs involving enforcement of alcohol beverage licensees and will best serve the citizens
of Centerville.
Thank you for your consideration ofthis matter.
Sincerely,
Jim Farrell
Executive Director/Legal Counsel
Mr. Bisek stated that if he had broken the law or violated any statute he would fully
expect to be accountable for his actions and would pay any fines levied against him. He
further stated that he does not expect any favoritism because of his stature in the
community but does expect that his constitutional rights be observed and due process
upheld. He then indicated that he was not given an opportunity to be heard prior to the
fine being levied.
Page 3 of24
Mr. Bisek indicated he had asked for an emergency meeting to be called or for the
cancelled meeting to be held so that this matter could be discussed. He then commented
that he was told that the issue was not important enough to call a special meeting. He
also commented that he was forced to tell his employees that he may have to lay them off
on January 1, 2002.
Mr. Bisek indicated he has filled out the license application 11 times and noted that, if
there was a problem with his application, a telephone call could have prevented this
problem.
Mr. Bisek indicated he would like to see the City and the business owners come together
to work out a solution in a proactive manner. He then commented that it was
encouraging to see that Mayor Swedberg had been working on the ordinance. He then
commented that what bothers him the most is he feels like Centerville has lost the small
town cohesiveness it used to have. He also noted that he feels there was a lack of
courtesy and respect in the way this matter was handled.
Council Member Capra read the statement from the form that indicates that failure to
di~dose any violation will result in fines. She then noted that Mr. Bisek had signed the
form on October 26, 2001 and asked whether Mr. Bisek was aware of his liquor
violations.
Mr. Bisek indicated he was not aware of a violation at the time he signed the form.
Council Member Capra asked how licensees are informed of liquor violations. City
Attorney Hoeft indicated that licensees, as well as the City, rely on information from the
police chief.
Mr. Bisek said he felt the issue is one that will take some time to resolve and suggested
that licensees and Council hold a work session to discuss it. He then indicated that after
he found out about the fme he contacted the Police Chief and was told that the Police
Chief does not always have the time to inform licensees of violations. He further
indicated that he spoke to his employee concerning the violation and was informed that
the employee's husband is an attorney and they are fighting the citation in court.
Mr. Bisek indicated licensees are not able to be at their establishments 24 hours a day and
rely on the honesty of their employees. He also indicated that licensees have to rely on
other sources of information because employees do not always tell their employers of the
violation.
Council Member Nelson asked if Mr. Bisek was claiming that he was not aware of the
incident that took place on January 26, 2000. Mr. Bisek indicated he was aware of his
DUI that occurred in October of 1999 and was resolved in January of 2000. He then
indicated that he interpreted his Dill to be a traffic violation and, thus, having nothing to
do with a liquor law violation concerning re-issuance of his liquor license.
Page 4 of 24
Terry Sager of Sager's Liquor at 7093 20th Avenue South addressed Council and
explained the circumstances surrounding his liquor law violation. He indicated that he
had an employee who was stealing from him and he called the police to intervene. He
indicated that the employee turned out to be 19 rather than 22 as he had claimed on his
employment application. He also indicated that this underage employee had stolen
alcohol and had sold it to underage persons.
Mr. Sager indicated that the alcohol was stolen from his establishment and sold to minors
outside of his establishment. He then explained that, even though he was cited with a
liquor violation, he was never notified and did not know of the court date that resulted in
ajudgment being entered against his establishment in September of2000.
Mr. Sager indicated he had reviewed his packet and the information from the Alcohol and
Gambling Enforcement Division shows a violation on November 22, 2000 indicating that
alcohol was sold to a person under the age of 21. He then commented that his employee
stole the alcohol and sold it outside of the establishment to someone who was under the
age of21.
Mr. Sager indicated he had called the City and spoken to Ms. Stephan the day before the
meeting because Ms. Bender was not in. He then indicated he had called Ms. Bender at
8: 10 a.m. on the morning of this meeting and was told by her that she would look into
why he did not receive a similar letter with his license last year and call him back. He
then commented that she had not called him back as promised.
Mr. Sager indicated that if he had received a letter last year stating that it served as a
warning of a liquor violation he would have called the City immediately.
Council Member Capra asked where the letter had come from. Ms. Moore-Sykes
indicated the letter had come directly from the state.
Council Member Capra asked if the letter was date stamped as being received by the
City. Ms. Moore-Sykes indicated that it was not but stated that often times Staff stamps
the envelope rather than the letter. She then indicated that Ms. Bender had informed her
that the letter was sent to Mr. Sager along with the packet of information concerning his
license renewal application.
Mayor Swedberg commented that the violation had occurred in November of 2000 and
Mr. Sager had not seen the letter other than through this packet for renewal this year.
Mr. Sager showed Council the envelope that had come from the City last year and stated
that the letter was not in the packet.
Council Member Capra asked if Mr. Sager was aware that Council had indicated at the
December 12,2001 meeting that, ifhe could prove he was not aware of the violation, he
would not have to pay the fine. Mr. Sager indicated he had tried to talk to the Police
Chief, the City, and the City Attorney and no one believes him.
Page 5 of 24
Mr. Sager asked why Ms. Bender did not return his call.
Motion by Council Member Travis. seconded bv Mayor Swedbere to eliminate the
$500.00 non-disclosure rme for Saeer's LiQuors due to the fact that Mr. Saeer was
not aware of his violation. All in favor. Motion carried unanimously.
Mr. Paul Montain from the Trio Inn at 7082 Centerville Road indicated he is aware that
the City has the right to fine establishments for wrongdoing but stated he has filled out
the application every year for 17 years. He then commented that his concern is that the
City failed to communicate with its license holders and opted to fine them without
warning. He then explained the circumstances surrounding his violation and why he felt
he did not need to disclose it. He finished his comments by asking that the City work
with its license holders to establish a policy that is fair and easy to follow.
Mr. Tom Wilharber of 6849 Centerville Road commented that, in his experience, Council
meetings were normally not cancelled in the past because there was always something to
do such as paying bills or taking care of citizen complaints.
Council Member Capra commented that meetings have been cancelled due to a lack of
quorum.
Mr. Wilharber suggested that the City should be contacting people if something is wrong
rather than causing discontentment with residents and business owners. He also noted
that the liquor establishments provide a lot of revenue to the City and are important.
Mr. Wilharber indicated he had spoken to Chief Heckman and asked if he had done
something wrong while serving as Mayor concerning liquor license renewal. He then
indicated that there is a new county-wide record keeping system that makes it easier to
keep track of violations and access the information. He then suggested that the City
should start the license renewal process earlier in the year to allow time to resolve any
discrepancies with reporting violations.
Mr. Wilharber commented that length of time in the community should mean something
to the City and warrant the courtesy of a telephone call or some type of communication
concerning an issue with license renewal. He then commented that he could remember
when there were issues at Waterworks and Kelly's quite regularly and that does not
happen any more. He also commented that some of the Council Members ran on a
campaign of communication and that is not happening.
Mr. Wilharber indicated he was not sure if all Council Members were aware that the
December 26, 2001 meeting was being cancelled. He then indicated that a quorum is
three people.
Council Member Nelson asked City Attorney Hoeft to address the legal issue of due
process that was raised in the Minnesota Licensed Beverage Association letter. City
Page 6 of 24
Attorney Hoeft indicated that the options Council had at the December meeting, based on
information received from the Police Chief, were to either fine the establishments or hold
up renewal of the license to allow for comment from the license holders at the first
meeting of the year. He then indicated that Council had opted to fine the establishments
and that would allow the issuance of the licenses in order to allow those businesses to
remain open come January 1, 2002. He further indicated that due process was provided
by fining the establishments in order to allow them to remain open and issue the license
for 2002 and by allowing the owners to come to the first meeting of the Council in
January to discuss the matter.
City Attorney Hoeft indicated that the City's policy and process has been very informal
in the past and said that, while there is nothing wrong with an informal process, the
decision of Council in December indicates that the new administration would like to see a
more formalized process that more closely follows the statute.
City Attorney Hoeft indicated that, in his personal opinion, the license holders need to
contact the Police Chief.in October or November to ask if there has been any violations
rather than waiting for the Chief to call them because the Chief may not have time to do
so. He then indicated that had any of the owners contacted the Chief there would not be a
problem.
Council Member Capra pointed out that the renewal form clearly states that failure to
report a violation will result in fines. City Attorney Hoeft indicated that the form does
require the applicant to make an interpretation of what they feel amounts to a violation
that needs to be reported. He then indicated that it is better to err on the side of caution
and contact an attorney to ask whether or not a specific violation needs to be disclosed.
Council Member Nelson confirmed that the due process was that the fine was issued in
December and Council let the owners come to the next regular meeting to discuss the
matter if they disagreed with the fine. City Attorney Hoeft concurred and indicated that
the City did not revoke or suspend any licenses. He then indicated that the other option
was that the City could have refused to renew the license and that would have had a much
larger impact on the license holders.
Council Member Capra indicated Council levied the fine in order to allow the licenses to
be renewed.
Mayor Swedberg indicated he appreciated the tenor of the comments and the cooperation
displayed by the license holders. He commented that there is an absence of policy in the
City on liquor license renewal. He then commented that the City needs to work on its
procedure. He further commented that he had voted against fining the establishments in
December because he feels there is a lack of procedure.
Council Member Broussard Vickers indicated she had made the motion to fine the license
holders in order to allow the licenses to be renewed. She then indicated that it was her
assumption that the Police Chief would have reported any incidents. Ms. Moore-Sykes
Page 7 of 24
indicated that the Police Chief had attached a list to each of the licenses for failure to
disclose in 2000 as well as in 1999.
Council Member Broussard Vickers commented that, for whatever reason, Staff had not
reported that information last year. She then indicated that, had Staff done so, there
would not be a problem this year. She further commented that because she was operating
under the assumption that this would have happened last year she felt a fine was in order
because she felt business owners have the responsibility to follow the law and disclose
violations.
Council Member Broussard Vickers indicated that her motion to fine the license holders
was made based on incomplete information and wrong assumptions.
Motion by Council Member Broussard Vickers, seconded bv Council Member
Travis to reverse the 5500.00 failure to disclose {"mes issued to liQuor license holders
at the December 12, 2001 meetin2.
Council Member Capra disagreed saying that she feels the bar owners have a
responsibility to disclose violations. She then commented that, with the exception of Mr.
Sager, license holders were aware of the violations and did not disclose them.
Council Member Broussard Vickers indicated that she is concerned that the City is trying
to hold the license holders to a standard they were not held to in the past.
Council Member Capra noted she had spoken to Mr. DeFoe who had told her he wished
Centerville had its small town politics back where things could be resolved by sitting
down and talking about it rather than in a public format. She then indicated she had
informed him that it is against the open meeting law to do so. She further commented
that it is nice to have the small town feel but noted that rules need to be followed.
Council Member Nelson noted that in her business, if forms are not filled out correctly,
the IRS would fine and penalize her. She then commented that she does not feel that
filling out the form incorrectly for years is an excuse to continue to do so.
Council Member Travis indicated that he disagreed with Council in December when it
levied the fines. He then told the license holders in attendance that time is precious and
asked them not to waste any more of their time or Council time on this. He then said
"disclose the violations next time".
Mr. Montain indicated that if other administrations had told him about the procedure he
would have filled out the form correctly.
Mr. Ken Vanderbeek of 7095 20th Avenue South asked whether license holders should be
required to call the Chief of Police before filling out the renewal application to determine
whether they have had violations.
Page 8 of 24
Council indicated that license holders do need to contact the Police Chief before filling
out the application.
Mr. Vanderbeek expressed concern that his establishment could have enough violations
in a year that his license may not be renewed and he would be unaware of it until time to
fill out the application.
Mr. Sager indicated that when a business owner passes a compliance check the business
is sent a letter. He then asked why a letter could not be generated that states the business
did not pass the compliance check.
Mayor Swedberg indicated the City wants to establish a clear policy for license renewal
so that all parties understand it. He then indicated that the City would be working on
drafting a liquor ordinance to eliminate these types of issues.
Vote: Aves - 3. Nays - 2(Council Member Nelson/Council Member Capra). Motion
carried.
Ms. Moore-Sykes indicated that Council needed to act on Mr. DeFoe's application.
Motion bv Councll Member Nelson. seconded by Council Member Travis to
approve the renewal of the liquor. wine and club license for Waterworks Beach
Club. All in favor. Motion carried unanimously.
Mr. DeFoe indicated he had not gotten his information in on time. He then indicated that
when this happened he was disappointed about the lack of communication but noted that
since this happened he had learned his application was not complete and the City has
been working with him to expedite the renewal of his license.
Mr. DeFoe asked Council to make whatever improvements it could to the system to
eliminate the type of problems that happened this year. He indicated he had never
thought to put a Dill, either his or an employees, on the license application. He further
indicated that it was nicer when someone from the City would call and let him know
when there was a problem with his license.
Ms. Moore-Sykes indicated she would fax the renewal to the State first thing in the
morning and ask that a license be faxed back to her.
2. Budget/Deferred Compensation/Union Contract (update)
Ms. Moore-Sykes indicated the auditor from Abdo, Eick and Meyer had been in the
office all day reviewing information and noted there should be a report available by
Monday for Council review.
Page 9 of24
3. 2002 Budget
Council Member Nelson indicated that more information was needed before discussing
the budget item.
Motion bv Council Member Nelson. seconded bv Council Member Travis to table
the bud2et discussion. All in favor. Motion carried unanimouslv.
4. Valley Creek Lawn Mowing Service Contract - 2002
Council Member Capra asked if there were issues with the contract.
Mr. Palzer indicated that Council had discussed the contract but had not approved it.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to aPDrove the 2002 contract for Vallev Creek Lawn Mowin2 Service.
Council Member Travis asked if Mr. Palzer approved of the contract. Mr. Palzer
indicated he did not have issues with the contract.
Mayor Swedberg indicated he felt the contract amount was a lot of money for mowing.
Council Member Broussard Vickers indicated that the City is billed hourly for mowing
and the total would be approximately $23,000.00.
Vote: Aves - 4. Navs -l(Mavor Swedber2). Motion carried.
5. Staffing Levels
Ms. Moore-Sykes indicated she was working on a position description for the secretarial
position and noted it was her intent to bring it to Council for approval so that the position
could be posted. She then indicated that she and the other Staff members would attempt
to attend the committee meetings in February.
Council Member Broussard Vickers indicated that she did not need to see the job
description as it falls under the responsibility of the administrator.
Council Member Nelson indicated she would like to see the job description.
Ms. Moore-Sykes indicated that Staff would like to resolve the filing issue by using an
intern to answer the phones and using the secretarial staff along with the City Clerk to
clean out the files. She then indicated she would bring the matter to Council for
discussion at a later date.
Page 10 of24
6. Lion's Request (Fete des Lacs)
Mr. John Thill, President of the Centerville Lions, indicated the Lions would like to take
over the City celebration and would be doing fundraising to do so.
Council Member Capra asked if the Lions were aware that Council had lowered the
budget for the festival this year to $10,000. She then indicated that she had reviewed the
matter extensively and is concerned because a lot of money was spent for the festival and
that money belongs to the taxpayers and she would like Council to consider funding the
parade and fireworks because those are events that the residents can attend for free. She
also commented that she would prefer that the City not be involved in the carnival aspect
of the festival because of the cash nature of the business making it hard to account for all
ofthe dollars.
Council Member Nelson asked if the parade were to cost more than $10,000 if Council
Member Capra felt the City should cover it. Council Member Capra indicated that she
would like the City to fund the fireworks and the parade but stay within the $10,000
budget. She then noted that the City could help with staffing and setting up the festival.
Mayor Swedberg indicated he had reviewed the numbers and determined that the parade
was not as expensive as claimed and noted that the totals for the parade were $5,489.17.
Ms. Wroblewski in attendance who was also a member of the festival committee
indicated that the budget for the parade was $7,500 and said she thought it came in at
$6,500 or $6,800.00. She then indicated that the Mayor may not have all of the
information.
Mayor Swedberg indicated that he had many questions concerning the festival and the
funds spent on it. He then indicated that the City supported all of the requests from the
Fete des Lacs committee and, in return, had asked for clear and accurate accounting for
the festival. He further indicated that accurate financial information was not kept and
obtaining information from the Committee has been very difficult.
Mayor Swedberg indicated that the Committee made a decision to disband based on a
rumor. He also indicated that the City Council had adopted the City celebration as a goal,
paid bills, and fulfilled requests from the Committee. He then asked why the Committee
disbanded.
Council Member Broussard Vickers indicated that the request before Council was for
permission for the Lions to take over planning the City festival. She also commented that
the City could not make the Lions accountable for the actions that took place last year but
can put strict accounting requirements in place for this year. She then commented that
what happened last year is sour milk at this point and not worthy of discussion.
Motion bv Councll Member Broussard Vickers. seconded bv Connell Member
Capra to allow the Lions to. plan the City celebration. to donate the $10.000
Page 11 of24
bud2eted for the festival to be used for the parade and fireworks. to allow the Lions
to keep any income 2enerated bv other events. and to require that the Lions run the
bills for the parade and fireworks throu2h the City.
Council Member Capra asked for a friendly amendment that would require that the
$10,000 be used for the parade and fireworks and any bills be run through the City.
Council Member Broussard Vickers accepted the friendly amendment.
Mayor Swedberg indicated he would like to know why the Committee quit and noted that
the Lions consist of many of the Committee members.
Mr. Thill indicated that once a few of the members resigned he had a hard time filling the
seats and was busy working on the festival. He also noted that the Committee was not
working.
Council Member Nelson indicated it would be helpful to have some of the questions
concerning the Committee answered.
Council Member Broussard Vickers indicated that there would be no Committee if the
Council authorized the Lions to plan the event.
Mayor Swedberg indicated that he could not get numbers from the Committee and had
spent eight hours to come up with the information he did have. He then commented that
the Committee had disbanded and now wants $25,000 for the same purpose and he
cannot support the request.
Council Member Capra agreed that there were some things missing with the accounts and
that is why she supports the parade and fireworks because that is no cash back to the City.
Ms. Moore-Sykes expressed concern that if the invoices go over $10,000 the City could
end up paying more than the budgeted amount. She then suggested that the money be
given to the Lions with the stipulation that it be used for the parade and fireworks and an
accurate accounting be submitted to the City.
Council Member Broussard Vickers indicated that she would not want the Lions signing
contracts on behalf of the City and noted that the City would need to be clear about that.
Mayor Swedberg asked if the City could give money to the Lions.
City Attorney Hoeft indicated that, if Council determined the funds would be used for the
benefit of the residents, there is no problem donating money to the Lions for the festival.
Council Member Nelson asked who would be responsible to carry insurance for the
festival. City Attorney Hoeft indicated that any fireworks provider would need insurance
and noted the City could ask that it be named as a co-insured on their policy for the event.
Page 12 of24
Ms. Wroblewski in attendance who was a member of the Committee indicated that those
that worked on the parade had turned in a detailed accounting for the parade to the
Chairman of the Committee. She then said she feels it is unfair to judge the whole
Committee based on the actions of a few. She further commented that detailed records
were kept and she is proud of the fact that the parade was kept to under its budgeted
amount.
Council Member Capra indicated that she had seen the budget for the parade but said
there was no information for the rest of the festival.
Council Member Broussard Vickers withdrew her motion. Council Member Capra
withdrew her second.
Motion bv Council Member Broussard Vickers. seconded by Council Member
Capra to allow the Lions to plan the City celebration. to donate $10.000 to fund the
parade and fireworks. to require that the Lions provide an accurate accountine of
the costs associated with the parade and fireworks. and to require that the fIreworks
vendor name the City as an additional insured on its policv for the event.
Mayor Swedberg commented that this should not be a reflection of the good volunteers
who worked on the festival but said he is very frustrated with trying to obtain numbers.
He then noted he would abstain from voting on the matter.
Vote: Aves - 4. Navs - O. Abstain - 1 (Mayor Swedbere). Motion carried.
Ms. Fairbrother asked what date the Lions had in mind for the festival.
Mr. TheIl indicated the Lions were looking at the first weekend in August.
Council asked to be informed if the Lions do not want to plan the festival.
7. Potentially Dangerous Dog Update
Council Member Capra indicated she had heard there was an issue with the Salazars' dog
again at 7336 Old Mill Road. She then indicated that the letter received indicates that the
Salazars are aware that one more incident will result in seizure of the dog.
Ms. Moore-Sykes indicated there had been no incidents since that letter.
Council Member Broussard Vickers indicated that the ordinance was clear and there is no
action needed :from Council.
Council Member Nelson asked that Council be kept apprised of any new information on
the dangerous dog matter.
Page 13 of24
8. Special Use Permits - Annual Renewal
City Attorney Hoeft indicated that he and Mr. Palzer had discussed the matter and
determined that three of the businesses operating under special use permits are still
considered non-conforming and those pennits need to be renewed.
Mayor Swedberg asked Staff to check whether the towing company that recently moved
into the commercial district is an allowed usage.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to approve the special use permits as presented bv Staff. All in favor.
Motion carried unanimouslv.
Council recessed to change the tape at 8:20 p.m.
Council reconvened at 8:30 p.m.
9. Turcotte Prol'ertv
. Council Member Capra asked if it would be possible to use TIP funds to remove the
house. Ms. Moore-Sykes agreed to investigate the matter and report back to Council.
Ms. Moore-Sykes indicated she had been contacted by Carol Woodward and she had
asked if Council was interested in either renting or selling the Turcotte property to her.
Council indicated that it wanted to sell the whole piece of property for redevelopment.
Mayor Swedberg asked if the title had been cleared.
City Attorney Hoeft indicated that the Examiner of Titles for Anoka County had been
given the information needed to clear the certificate of title. He then noted that it would
be a few months before any information is received back from the Examiner of Titles.
10. National Volunteer Week
Council Member Capra indicated she had brought up the possibility of having a cook out
at City Hall to coincide with National Volunteer Week in April rather than the volunteer
holiday party that the City usually holds. She then indicated that she would like to move
forward with the planning for that cookout with Council approval.
Council Member Broussard Vickers indicated she had no problem with the cookout but
asked where in the budget it had been accounted for. She then commented that if it was
not accounted for in the budget something else would have to be removed so that this
could be done.
Co1i11cil Member Nelson asked Staff to determine where in the budget the holiday party
was billed last year.
Page 14 of24
Council Member Capra volunteered to look into the costs of having a cookout at City
Hall.
VIII. NEW BUSINESS
1. KCI Final Grading
Mr. Peterson indicated that KCI had not included a final grading plan when it submitted
its plans for approval. He then indicated that the grading plans, as submitted, meet with
his approval.
Motion bv Councll Member Broussard Vickers. seconded by Council Member
Nelson to approve the rmal2radin2 plan for KCf as reviewed and approved bv the
City En2ineer. All in favor. Motion carried unanimouslv.
2. Final Plat/Developer's Agreement Eagle Pass 2nd Addition
.1hi~itemwasremoved from the agenda.
3. Council Assignments - Resolution 02-001
Council Member Broussard Vickers noted that the Planning and Zoning Commission had
voted to recommend the appointment of Mary Jo Halmbrecht to the Planning and Zoning
Commission.
Council Member Nelson noted that Bridgett Backman and Mike Harris should be added
under EDC. She then commented that she does not feel it is necessary to have Council
Liaison's to committees but said, in light of the majority opinion of Council to the
contrary, she would volunteer to be the EDC liaison.
Council Member Capra noted that the Fete des Lacs Committee should be deleted.
Ms. Moore-Sykes indicated that prior to the holidays there had been an advertisement out
on the sign for the openings on the Park and Recreation Commission and the Planning
and Zoning Commission. She then asked for ideas for recruitment.
Council Member Broussard Vickers agreed to act as the liaison to the Park and
Recreation Commission.
Council Member Travis agreed to act as the liaison to the Planning and Zoning
Commission.
Council Member Capra indicated she was willing to serve as the Cable Commission
liaison. She then noted that any committee wishing to have Council input should contact
a Council Member.
Page 15 of24
Council Member Broussard Vickers indicated she had an issue with the ~ being the
official newspaper but noted there is not much of a choice in the area. She then noted
that she does not always receive her issue.
Council Member Capra asked if Staff could ask the paper to leave issues at City Hall.
Mayor Swedberg indicated that the City could not use a monthly newspaper for posting
legal notices.
Council Member Broussard Vickers asked how much more expensive it would be to
publish in the St. Paul Pioneer Press.
Council Member Capra asked Staff to contact Leanne Schootz, the Managing Editor at
407-1226 to make them aware of the City's issues.
Council Member Broussard Vickers indicated she did not care for what they do for the
City and noted they do not get the newspapers to all residents.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to approve Resolution 02-001 as amended. All in favor. Motion carried
unanimouslv.
Mayor Swedberg commended those that give service to the City.
4. Work Sessions Prior to Council Meetings
Ms. Moore-Sykes indicated she would like to start scheduling work sessions prior to
Council meetings in order to discuss items that do not need to be heard at the regular
Council meeting. She then indicated that Council could either start earlier or move the
start time of the regular meeting back one hour.
Council Member Broussard Vickers indicated that Council had not budgeted for work
sessions on different nights and noted that Council would be paid for any extra meetings
Members have to attend. She then indicated she would be okay with holding a work
session for one hour before starting the regular meeting provided that the work session
shortened the length of the regular meeting. She also asked if Council needed to list all
topics to be discussed at the work session when noticing the meeting.
Ms. Moore-Sykes indicated the meeting would be published and noted that a complete
list of topics was not necessary.
Council agreed that it did not want to televise the work session.
Council Member Capra indicated she was fine with the work sessions but asked that the
agenda reflect that the regular meeting would start at 7:30 p.m.
Page 16 of24
Council Member Broussard Vickers indicated she thought Council should try holding
work sessions for one hour before the regular meeting in an effort to speed up the regular
meeting and keep things moving. She then indicated that Council could try it for a few
months to see if there is a difference.
Mr. Tom Lee indicated that because he usually does not have the agenda when he
watches the Council meeting on television and he is usually confused. He then
commented that the work session would be even more confusing to viewers.
Council Member Nelson indicated she would like to have the meeting televised for
people to watch if they want to.
Council Member Capra indicated that one of the City's goals is to have the minutes and
the agenda on the website. She then noted that the League of Minnesota Cities website
was beautiful.
Mayor Swedberg commented that the recording secretary takes great minutes and he feels
n that the-minutesnshoukl-besent direGtly-ro Council--ratherthan-to Staff because he does
not think Staff should have to review the tape each week.
It was the consent of CoUncil to authorize TimeSaver Offsite Secretarial, Inc., to send the
minutes directly to Council.
..1
5. Tobacco Compliance Check Violation (Tom Thumb)
Ms. Moore-Sykes indicated that Ordinance 66 allows for an administrative fine for a first
violation of the tobacco ordinance.
Mayor Swedberg asked if Tom Thumb was notified of the offense.
Ms. Moore-Sykes indicated she was not sure if they were notified but said she could
outline the violation information to them by letter when she sends the fine information.
Council Member Travis asked Staff to find out if the establishment has had prior
violations.
Mr. Lee indicated he was in Tom Thumb a few days ago and the clerk was giving some
kids the business about trying to buy cigarettes.
Council Member Capra asked Staff to check with Chief Heckman for prior violations.
Council Member Broussard Vickers suggested sending Tom Thumb a letter to indicate
they were charged with a violation and notify them that the City will be imposing an
administrative fine to be determined by the end of February.
Page 17 of24
City Attorney Hoeft advised Ms. Moore-Sykes to prepare a draft resolution with the fine
amount blank for consideration at the next meeting.
Council Member Broussard Vickers indicated she would like a resolution that lists the
fines generically for different types of violations.
City Attorney Hoeft indicated it would be fine to come up with a template for the
resolution but noted that the City is required to provide a fine by resolution for Tom
Thumb that is specific to them.
Council Member Broussard Vickers asked Staff to poll surrounding cities to determine
what they charge for tobacco violations.
Mayor Swedberg asked if tobacco falls under the authority of the Liquor Control Board
and, if so, whether they would have any information as to how to proceed with a first
offense.
6. Surface Water Mana~ement Plan (update)
Mr. Peterson indicated that Staff has done some more updating to the Surface Water
Management Pan and had received responses from Rice Creek Watershed District and the
Metropolitan Council which will be incorporated into the Plan.
Ms. Moore-Sykes indicated she was working on the capital plan that goes out to 2006.
7. Goals and Obiectives - 2002
Mayor Swedberg indicated it was not his intent when he wrote the goals document that
Council would revisit it.
Council Member Nelson indicated she liked getting a report from the City Administrator
as to what has been completed and where the City is on its goals.
Council Member Nelson commented that the checklist was intended to be a checklist for
builders to come to City Hall and have each item they need to do checked off and
initialed by Staff.
Council Member Broussard Vickers indicated that the goals could be discussed at the
first work session meeting.
Council Member Nelson noted she intended to attend the Traffic Safety Management
meeting and asked that the meeting be posted. Ms. Moore-Sykes indicated the meeting
would be posted.
Page 18 of24
Council Member Capra asked if the information for the Traffic Safety Management
meeting could be put on the cable channel and asked that Staff contact Mr. Lee because
he is very interested in these issues.
Council Member Nelson asked Staff to notify the resident that has been before Council
on Traffic Safety a couple of times so he is aware of the meeting.
Ms. Moore-Sykes indicated she had provided notice of the meeting to the Park and
Recreation Commission.
8. Council Pay/Cancelled Meeting
Council Member Broussard Vickers commented that she had assumed Council would not
be paid for a meeting that was not held.
Ms. Moore-Sykes indicated that Council is paid $200 per month plus $25.00 for any extra
meetings scheduled.
Council Member Capra indicated that the minutes from the January 26, 2000 meeting
contained a motion by Council Member Sweeney and seconded by Council Member
Broussard Vickers to increase Council pay to $200 and the Mayor's pay to $250 and to
require no penalty for missing less than three meetings.
Council Member Nelson indicated that Council would be paid if they had not missed
three meetings. She then indicated that, if Council wished to change the pay and penalty
requirements it would need to do so this year to be effective for the year 2003.
Council Member Nelson questioned whether a member would be penalized for missing a
meeting if Council decided not to hold the meeting and that put the member at three
missed meetings.
Ms. Moore-Sykes indicated she had interpreted the meeting as a cancelled meeting not a
missed meeting.
9. Centennial Senior High School Donation Reauest (2002 Graduation Party)
City Attorney Hoeft indicated that Council needed to determine if the donation would
benefit the City.
Council Member Nelson indicated she was not interested in having the City contribute to
this event.
Council Member Broussard Vickers indicated that this was a worthwhile cause but said
that there are a lot of worthwhile causes in the City and the City cannot afford to donate
to all of them so it would be better to donate to none of them.
Page 19 of24
Mayor Swedberg indicated he did not feel the City could equitably contribute to all
worthwhile causes.
Motion by Council Member Capra to table this reQuest. The motion died for lack of
a second.
Motion bv Council Member Nelson. seconded by Council Member Broussard
Vickers to deny the reQuest from Centennial Senior Hi2h.
Council Member Capra commented that the City does have residents whose children
attend Centennial Senior High. She then noted that the school is taking on the
responsibility to do a lock in for seniors and she thinks the City should look into a way of
helping to provide this service to the community for its teenagers.
Council Member Broussard Vickers indicated that she was the Chairperson for the event
one year and they did not come to the City to ask for funds.
Vote: Aves - 5. Navs - O. Motion carried unanimously.
A resident in attendance commented that this event is not a school event it is an event
sponsored by parents for the seniors that is held at the school.
10. EDC
Ms. Amy Fairbrother, Chairperson of the EDC, thanked Council for allowing the EDC
time on its agenda and then announced that the EDC was supporting a festival called
Snow Biz that runs in conjunction with the St. Paul Winter Carnival on February 15, and
February 16, 2002. She also noted that there would be horse drawn hayrides, ice skating,
a scavenger hunt, a snowman building contest, etc.
Ms. Fairbrother indicated that the EDC had been working on the 2002 business directory
and noted it was more detailed than it has been in years' past. She then noted that it
would be sent to all residents.
Ms. Fairbrother indicated that the appointments to the EDC were on the Consent Agenda
for Council this evening and said she hopes that Council accepts the recommendation of
the EDC.
Council Member Nelson asked whether the EDC would like Staff or Council to respond
to the e-mail sent on November 18, 2001.
Ms. Fairbrother indicated that the EDC was looking for an update on those items and
noted that the EDC did not want to lose its focus going into 2002.
Page 20 of24
Council Member Capra indicated that when Council had the downtown water meeting
there was a petition for water and as the night went on people started pulling names off of
the petition and there were not enough to go ahead and move forward with it.
Mr. Sheppard explained that residents were not pulling names off of the petition.
Council Member Broussard Vickers clarified that there was a large public outcry against
doing anything and noted it is a matter of money. The City does not have the money to
pick up a large portion of the expenses and residents do not want to. She then
commented that revitalizing downtown is a great idea if someone finds a way to pay for
it.
Ms. Fairbrother asked if the EDC would be receiving minutes because that is very
helpful.
Council Member Broussard Vickers indicated that all the items requested are a matter of
cost and noted Council would review them and determine if it is cost effective to
continue.
Council Member Nelson indicated Council would keep the EDC up to date on the items.
IX. CONSENT AGENDA
1. The City of Centerville December 13, 2001 through December 31, 2001
Expenditures.
2. City ofCenterville January 1, 2002 through January 9,2002 Expenditures
3. Centennial Fire District Expenditures
4. TimeSavers - 2002 Contract
5. Juran & Moody
6. Mediation Services - 2002
7. Support Letter for Alexandra House
8. Pay Request #5 - Hunter's Crossing (Northdale Construction - $21,746.15)
9. Pay Request #2 - Pheasant Marsh (park Construction Company - $140,593.77)
10. Acceptance of Rob Sheppard's Resignation Letter (planning and Zoning
Commission)
Council Member Capra requested that Items 1 and 2 be removed for discussion.
Council Member Broussard Vickers asked that Item 6 be removed for discussion.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Caora to aoorove Consent Af!enda Items 3. 4. S. 7. 8. 9. and 10 as oresented.
Council Member Nelson asked that the Consent Agenda be read. Mayor Swedberg read .
the Consent Agenda.
Page 21 of24
Mr. Lee questioned the dollar amount of the pay request for Hunter's Crossing.
Mayor Swedberg indicated the amounts were for civic improvements and noted that there
was a bond that the money was being paid out of.
Vote: Ayes - 5. Nays - O. Motion carried unanimously.
Council Member Capra asked what the large check to U.S. Bank Corp was for. Ms.
Moore-Sykes indicated she would look into it and report back.
Mayor Swedberg indicated that he thought the amount was a transfer out to pay for a
bond. He then noted that he was not sure that the budget had allowed for the $58,000 for
the City Hall lease and asked Staff to look into it.
Council Member Capra indicated she did not have a problem approving the check but
said she wanted to know what it was for.
Motion by Council Member Caura. seconded by Council Member Nelson to
approve Consent Aszenda Items 1 and 2 as presented. All in favor. Motion carried
unanimously.
Council Member Broussard Vickers indicated she did not see the mediation services item
in the budget and asked Staff to look into whether it was included.
Ms. Moore-Sykes indicated that mediation services is a good tool to use for
neighborhood disputes and noted there was one brewing right now.
Council Member Broussard Vickers indicated she did not have a problem with paying a
fee to be allowed to use the mediation services but noted that the item needed to be
included in the budget.
Motion by Council Member Broussard Vickers. seconded by Council Member
Capra to approve Consent Aszenda Item 6 as presented. All in favor. Motion
carried unanimously.
x. COMMITTEE REPORTS
Council Member Capra reported that at the Apri12001 Cable Commission Meeting the
executive committee had voted to fund the formal process against AT&T all the way to
the end. She then noted that the attorneys have indicated that they do not think it will go
all the way to the end but it could.
Council Member Broussard Vickers indicated that there could be additional monies that
the City would be requested to pay that should be included in the budget.
Page 22 of 24
Council Member Nelson indicated that the City could reallocate funds if a bill comes up
that was not planned for that the City is committed to pay.
Ms. Moore-Sykes indicated that the Cable Commission is also renegotiating the franchise
agreement and noted she did not think it would take affect for an increase for this year.
Council Member Broussard Vickers indicated that the Planning and Zoning Commission
continues to discuss Ordinance #4 and the proposed amendments to the Zoning Map.
She then asked City Attorney Hoeft if the City were to rezone the C-l District to
residential but nonbuildable would it amount to a taking of property.
City Attorney Hoeft indicated that if the City is going to restrict or take away the property
owner's economic ability to use the property it would be a taking.
City Attorney Hoeft indicated he would need to review the history of the property to
determine the current zoning and determine whether or not the property owner would
have a remedy for that.
XI. ADMINISTRATOR'S REPORT
1. Bonestroo. Rosene. Anderlik & Associates 2002 Fee Schedule
City Engineer Peterson indicated that the rates for 2002 had increased slightly.
Mayor Swedberg noted that fees increased three percent (3%).
Mr. Peterson asked if Council had received the calendars his office had provided to the
City. Ms. Moore-Sykes indicated that she would provide the calendars to Council.
Ms. Moore-Sykes reported that the Police Commission Meeting was scheduled for 8:00
p.m.
Ms. Moore-Sykes indicated that the DNR had released 90% of the grant funds for Acorn
Park and noted that the other 10% would be released when the remaining work is
finished.
Council Member Capra asked where the money would go. Ms. Moore-Sykes indicated
that the money would go back into the general fund.
Ms. Moore-Sykes reported that govoffice.com had set up a demo for the City to use and
noted that Staff had been looking at it and feels it is very easy and fast. She also noted
that the costs very closely approximate the recommendation of the Communications Task
Force.
Page 23 of24
,.
Ms. Moore-Sykes reported that the Editor of Town Life Magazine had asked whether
Council was interested in having anything published in its Marchi April Edition. She then
noted that the deadline for submission was January 31,2002.
It was the consent of Council that it did not wish to publish anything in Town Life
Magazine.
Ms. Moore-Sykes reported that the Administrators from the member cities had discussed
the takeover of AT&T Broadband by Comcast. She also indicated that the administrators
had decided to purchase test equipment to make sure that the video equipment is up to
standards as a commission rather than having each City purchase the equipment
independently.
Ms. Moore-Sykes reported that the Fire Chief is offering badges to member cities so that
emergency staff can access the City during a crisis. She then indicated that the badges
would have the City's logo and the name of the individual engraved on it and should not
be easily altered. She then noted that 28 residents had signed up for the citizens academy
which is a program that teaches residents what the police and fire departments do for the
community.
Motion by Council Member Capr~ seconded by Council Member Nelson to recess.
to a closed Executive Session to discuss the performance review of City Clerk
Treasurer. Ms. Teresa Bender. Aves - 4. Navs - 1 (Council Member Broussard
Vickers). Motion carried.
Council recessed to closed session at 9:52 p.m.
Council briefly held discussion in regards to the preliminary performance review of the
City Clerk.
Council reconvened to the regular Council meeting at 10:04 p.m.
XII. ADJOURNMENT
Motion by Council Member Broussard Vickers. seconded bv Council Member
Capra to adiourn the January 9. 2002 City Council Meetin2 at 10:06 p.m. All in
favor. Motion carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 24 of24
,~--...;
CITY OF CENTERVILLE
CITY COUNCIL MEETING
JANUARY 23, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on January 23,2002, at City Hall, 1880 Main Street.
PRESENT: Mayor Tim Swedberg
Council Member Dick Travis
Council Member Mary Capra
Council M .
Council M
ABSENT: None.
STAFF: City Administrator Ms. Moore-Sykes
City Engineer, Tom Peterson
City Attorney Hoeft
I. CALL TO ORDER
Mayor Swedberg called the January 23, 2002, City Council meeting to order at 6:30 p.m.
II. SET AGENDA
Council Member Capra requested that an update on National Volunteer Recognition
Week be added under Old Business.
Council Member Nelson noted she had asked at the last meeting to have an update on the
Sheehy property. She then requested that the Sheehy property be added under Old
Business.
Council Member Nelson asked for a staffing update during Ms. Moore-Sykes' report.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to approve thea2enda as amended. All in favor. Motion carried
unanimouslv.
Page 1 of 28
~
Ill. PUBLIC HEARING(S)
1. CSAH 14 Watermain Extension
Mayor Swedberg opened the public hearing at 6:32 p.m.
City Engineer Peterson.briefly explained the proposed watermain extension and noted he
had provided additional funding options as requested. He also noted that the majority of
the project would be directionally drilled to avoid the disruption of digging up the street.
City Engineer Peterson noted the driving force for extending the watermain is to provide
water for the new development called The Shores.
City Engineer Peterson reviewed the funding options for the project and explained how
he had arrived at the figures. He then indicated that, looking at the numbers, it appears
that the approximate assessment per lot for individual residents varies between $4,500
and $8,100. He also commented that he feels Option Three seems to be the most
equitable for all parties involved.
Council Member Capra asked if Mr. Rehbein would be attending the meeting. Mr. Vargo
stood up and indicated that he was there to represent Mr. Rehbein.
Council Member Nelson asked if there would be three fire hydrants. City Engineer
Peterson indicated that there would be a total of three fire hydrants.
Mayor Swedberg asked if the fire hydrant placement was recommended by the Fire
Chief. City Engineer Peterson indicated he based the fire hydrant placement on the
engineering standards for hydrant placement.
Council Member Capra noted the document stated there was to be some tree clearing.
She then asked if those trees would be replaced. City Engineer Peterson indicated that
the trees to be cleared are in the County right-of-way and would not be replaced.
Council Member Capra asked the definition of a watering term. City Engineer Peterson
explained that it meant removing ground water in the hole that is dug. He then indicated
that most of the project would be directionally drilled.
Mr. Bruce Lattu of 7246 Main Street asked what prompted the extension of the
watermain.
City Engineer Peterson indicated the proposed new development, The Shores, prompted
the watermain extension because he feels it would be better to have City water in that
development rather than 10 private wells in such a small area. He also noted that Water
Works is interested in water to be able to provide for sprinklers for the business to lower
insurance costs.
Page 2 of 28
Mr. Lattu indicated he has lived in the City for a year and a half but the notice for the
public hearing was sent to the previous owner or current resident. He then asked why he
is not listed as the owner of the property.
Mr. Lattu asked why the developer is not being asked to pay for more of the costs to
extend the watermain because he is the one that would benefit the most from it.
Mayor Swedberg indicated that Council would discuss the matter later in the meeting and
attempt to make a decision on the funding of the watermain.
Mr. Tim Hurt of 7247 Main Street indicated he was happy with his well and would prefer
not to have to pay the assessment for the watermain. He then asked ifhe would be forced
to hook up when the watermain is extended.
Council Member Broussard Vickers indicated that the assessment would need to be paid
but noted the hook up fee would not need to be paid until his well failed and he needed to
hook up to City water.
Mr. Hurt asked ifhe would lose his well ifhe hooked up and the well had not failed. Ms.
Moore-Sykes indicated it has been the City's policy to cap wells due to safety issues
surrounding an open well.
Mayor Swedberg asked how the assessment is paid if the house is sold. City Attorney
Hoeft indicated the assessment would have to be paid at the time of sale and noted that
who pays the assessment is up to the negotiation of the buyer and seller. He then noted
that the cost of hooking up will go up in the future and the homeowners could save
money by hooking up now rather than waiting.
Mayor Swedberg indicated residents would be responsible for the assessment, a plumbing
cost to get the water line from the street to the house, and a hook up fee.
Mr. Hurt asked for a cost per lineal foot to run the line from the street to the house. Ms.
Moore-Sykes indicated it would be a private plumbing cost determined by the rate of the
plumber chosen. City Engineer Peterson estimated a cost of $20.00 or $30.00 per foot
depending on how the pipe is installed.
Council Member Broussard Vickers noted the hook up fee is approximately $2,000.
Mayor Swedberg asked how soon residents needed to pay the assessment.
Council Member Broussard Vickers indicated Council could determine the time frame.
Council Member Capra asked if there is a provision for seniors because there are some
who live along the proposed extension.
Page 3 of 28
Mr. Lattu asked why the City gets a hook up fee if it is not involved in the hook up. City
Attorney Hoeft indicated the water access charge was established as a capital
improvement charge to allow residents to hook up to City water which is a benefit and a
part of the charge is a capital charge to pay for overall water system maintenance and
future improvements.
Mr. Lattu asked if there was an option for the developer to pay more and the City to pay
less as he feels the developer benefits more from the project and should pay for that
benefit.
Council Member Broussard Vickers indicated that residents have the benefit of fire
protection for the home and the difference in value of a home with City water versus a
home with a well.
Council Member Travis commented that the wells would eventually fail and, at that time,
water is available and the resident would not have to pay to have a new well drilled.
Mr. Lattu asked if the residents involved were able to vote on the matter or were just able
to voice an opinion. The Council Members indicated that they would hear resident
opinion but noted that Council makes the vote.
Mr. Mark Vargo, representing Mr. Rehbein, addressed Council and indicated the
developer would be willing to pay 25% of the costs to extend the watermain. He then
commented that any more cost to the developer would not be agreeable in light of the fact
that the developer would have all the costs associated with extending water from the
comer of the property to each of the ten lots. He also commented that Water Works
would be receiving the benefit of reduced insurance because of the ability to provide
sprinkler protection for the property and should be assessed more of the costs.
Council Member Capra asked if Staff had received any calls concerning the watermain
extension.
Ms. Moore-Sykes indicated she had received a call from two residents. One had called to
ask why he received a notice when he already has City water. She then noted she had left
a message for the other resident but had not spoken to him to determine his concern.
Mr. Frank Zimley of 7252 Lavell Drive noted his letter had been sent to the wrong
address of 7252 Main Street. He then indicated that the sewer bill comes to the proper
address of 7252 Lavell Drive. Ms. Moore-Sykes indicated that Staffhad used an
outdated map and apologized for the error.
Mr. Zimley indicated he is very happy with his well and said he feels that the well will
last for several more years with routine maintenance. He then commented that the
property between his property and W ater Works should be assessed for more of the costs
because there is the potential for development. He also asked why the reduction in
Option Three was not shared with the developer for The Shores.
Page 4 of 28
City Engineer Peterson indicated he was asked to provide various options for funding and
Option Three is one of those options.
Council Member Travis noted that 7265 Main Street was assessed for five lots.
Mr. Zimley commented that he felt the property owner would be coming to the City in
the future with a development proposal that would include more than five lots. He then
asked if the watermain would be extended along Lavell Drive. City Engineer Peterson
indicated when that property is developed the City would extend water down Lavell
Drive.
City Engineer Peterson indicated he based the assessment on the front footage along
County Road 14.
Ms. Cathy Lattu of 7246 Main Street clarified that the developer of The Shores would
need to pay the assessment to run the waterline to the property and additional charges to
run waterline to each of the 10 lots. Council Member Broussard Vickers indicated the
developer would be paying all costs associated with connecting those 10 properties to
City water.
Ms. Lattu asked if the per lot costs to connect to City water had been determined.
Council Member Capra commented that it was more costly to run the City water system
than it would be to have 10 wells drilled.
Mr. Vargo, representing Mr. Rehbein, indicated he expected the approximate costs to
connect the 10 lots to be $60,000.
Ms. Lattu asked how much value is being added to those lots by having City water versus
well water. Council Member Broussard Vickers estimated that the property value of each
lot would increase approximately $6,000 or $7,000.
Ms. Lattu asked for the top dollar amount the City was willing to pay for water. Council
Member Broussard Vickers indicated that recent developers have been required to pay
50% of the cost to extend the watennain to the property and then all of the costs
associated with the water within the development. She further clarified that the portion to
be paid for by the City is the amount of the oversizing to benefit the City's overall water
system.
Council Member Broussard Vickers indicated that the City attempts to do its best to fairly
assess the value of the system to the property owners involved and noted that the amount
to be assessed cannot be more than the gain to the property.
Mr. Lattu asked for a rough estimate of the amount the City is willing to pay for
extending the watermain so he would have an idea of what to expect as his assessment.
Page 5 of28
Council Member Nelson commented that she likes to hear from residents to bring other
perspectives to the table for consideration. She then indicated Council needed to decide
if all residents of the City should pay for water coming down the street or just those
properties that benefit from it.
Council Member Capra indicated that there are residents that are in the affected area that
have said they want water. She then noted Council would take all of the information into
consideration and make the best decision possible for the City as a whole.
Mr. Lattu indicated that the developer is able to pass on the costs of the watermain to the
people who buy the lots but an individual property owner is not able to pass on the costs.
Council Member Capra indicated the value would be passed on when the house is sold.
She also commented that property owners have the value of fire protection.
Mr. Lattu indicated that there would not be a big difference in insurance rates so that is
not a benefit to him.
Mr. Zimley asked if the City intended to extend the watermain down Mound Trail in the
future.
Council Member Travis indicated the City is not planning on extending the watermain
down Mound Trail but noted residents could petition the City for water.
Mr. Zimleyasked if the watermain was sized to handle extending the watermain down
Mound Trail. City Engineer Peterson indicated it would be possible to. extend the
watermain down Mound Trail but noted it is a long run and that would affect water
pressure.
Mr. Lattu commented that there is potential that the City could loop at Peltier or Mound
Trail. He then asked what portion the City paid in the Eagle Pass development.
Council Member Broussard Vickers indicated the City paid the costs to oversize the line.
Motion was made bv Council Member Broussard Vickers. and seconded bv Council
Member Travis to close the public hearine:. All in favor. Motion carried
unanimously.
Mayor Swedberg closed the public hearing at 7:25 p.m
Council Member Broussard Vickers indicated that it was her opinion that the developer
needs to pay 50% of the costs because the developer is the driving force behind the
watermain extension and previous developers have been required to pay 50%. She then
noted that City Engineer Peterson had said there is money leftover from the Lakeland
Hills project that could be used.
Page 6 of28
Council Member Broussard Vickers suggested that the City's portion for the oversizing
of $26,000 be deducted from the $50,000 leftover from the Lakeland Hills project. She
also suggested using 8 lots for the Unit 11 properly so halfofthe project costs would be
divided by 18 instead of 15 bringing the costs down to 3,500 or 4,000 for the individual
property owners. She further explained the calculation to be the $74,500 minus the
$26,730 divided by 18 making the cost per lot approximately $2,600.
Council Member Nelson agreed with Council Member Broussard Vickers comments but
said she feels that Water Works has a substantial benefit and should be assessed more
than the $20,000. She then suggested shifting more of the costs to Water Works and
leaving the developer amount the same.
Council Member Capra commented that she would like to see Water Works pay a little
more and the developer pay a little less and still maintain a lower amount to residents.
Council Member Broussard Vickers commented that she felt the developer has more
benefit than Water Works and she feels that the developer needs to pay 50% as that was
what the City required in previous developments.
Mr. Vargo, representing Mr. Rehbein, indicated that the developer is not the driving force
behind the watermain extension as Mr. Rehbein would prefer to put in the 10 wells. He
then commented that Mr. DeFoe has the possibility ofleveling Water Works and
developing the entire parcel. He also noted that Water Works would receive the
substantial benefit of being able to reduce insurance costs because of City water.
Council Member Capra commented that she was agreeable to using the leftover Lakeland
Hills funds but would like to see the Water Works property and the DeFoe property
assessments increased slightly and the developer's costs decreased slightly.
Council Member Nelson indicated she would like the developer to pay $81,655, Water
Works to pay $33,365, Unit 11 property to pay for 8 units for a total of $47,780 which
leaves individual residents with an assessment of $2,653.
Council Member Travis noted he was agreeable to using the Lakeland Hills funds and
increasing 7265 Main Street to 8 units and noted that W ater Works, as a business, does
benefit more than individual property owners. He then commented that he felt the
assessment for W ater Works should be raised only slightly. He further commented that
he feels the developer should pay 50% in the interest of consistency within the City.
Council Member Nelson indicated she would be fine with either $25,000 or $30,000 for
Water Works and said she waivers on being consistent on the developer's costs and the
benefit for the developer. She then commented that she would be fine with the 50% to
the developer.r
Council Member Capra commented that, normally when developments are pushed
through, there are not businesses in the path that benefit from the development. She then
Page 7 of28
commented that she feels that the business has a substantial benefit and that should
subtract from the cost to the developer.
Council Member Broussard Vickers suggested that the developer pay 50%, W ater Works
pay $25,000 and the remainder of$56,135 be divided by the 18 units. Council Member
Nelson agreed with the suggestion of Council Member Broussard Vickers.
Mayor Swedberg commented that he feels this is a wrong water line in a wrong place.
He commented that there is 1.3 miles of dead end run and he does not think it is a good
idea. He commented it is possible to extend the watermain but he does not think there is
justification to run 7,000 feet of dead end line. He commented that he was not worried
about fire protection because the fire department has ample sources of water nearby that
they could draft out of and also has a tanker.
Mayor Swedberg indicated he takes the position that the developer should pay 100% of
the costs of the line but, in this case, he does not think it works to extend the watermain
and would vote to use wells. He commented he did not think that 10 more holes in the
aquifer would hurt anything. He further commented that the City has about 50% of its
residents on City water and he thinks the City needs to decide what its water priorities are
and fund the projects out of the tax base rather than by assessment because the City is
taxing at a high rate and to assess residents for water and then charge a hook up fee on
top of it he feels is excessive.
Mayor Swedberg commented that he feels that ultimately all residents should be hooked
up to City water but stated he feels the City needs to figure out a way to do it without an
assessment because it is difficult to figure out the benefit. He then suggested holding off
on the vote to allow time to digest the numbers that were previously discussed.
Mr. Vargo, representing Mr. Rehbein, asked that the vote be delayed in order to allow the
developer and Council time to digest the numbers. He then commented that the first
feasibility study estimated the costs to the developer to be approximately $28,000 and
now the amount is up over $81,000. He further commented that, at that price, it is not
feasible.
Mr. Lattu noted he had come to the meeting assuming that the developer was the one
pushing for City water but has heard that the developer would prefer wells. He also
noted that residents do not want water and suggested that Water Works is the driving
force behind the extension in order to be able to provide a sprinkling system for the
business.
Council Member Broussard Vickers clarified that the line is not a dead end run as it will
loop in the future. She noted that years ago the City required that lots be at least one acre
in order to have a well. She further indicated that the City needs to loop the main and this
would be one more step toward looping for the betterment of the entire system.
Page 8 of 28
Mayor Swedberg commented that there are 50-foot lots downtown that have wells and
said there are better places to loop. He then suggested the City needed to determine its
water priorities rather than extending this watennain just because it was presented as an
option.
Council Member Travis commented that the extension of this watennain gives the City
the opportunity to run infrastructure.
Council Member Capra indicated that capital improvement projects come and go based
on opportunity. She then commented that the developer is here now giving the City the
opportunity to push water through.
Council Member Broussard Vickers commented that the City needs to take the
opportunity when it presents itself and not ignore it because it is not on the top of the
water priority list.
Motion bv Mavor Swedbere: to table this matter for consideration of the numbers.
The motion died for lack of a second.
Mr. Lattu commented that it seems to him if somebody could develop some property he
should be considered a developer for assessment pmposes.
Council Member Broussard Vickers indicated there was no fonnal plan nor a request to
develop the parcel and noted there is no precedence for the City to assess based on what
someone may do in the future. She then commented that the assessment was based on
footage.
City Attorney Hoeft advised Council that they were not voting on the assessment
amounts but were voting to accept the report and direct the City Engineer to prepare
plans and specifications. He then commented that the numbers discussion was beneficial
but the final amounts did not need to be set at this meeting.
Council Member Broussard Vickers questioned whether the developer would be
interested in participating with the numbers discussed.
Council Member Travis indicated he would like input from Mr. DeFoe as to his future
plans.
Council Member Nelson noted if the developer decided he did not want to pay for the
costs the project would not move forward.
Council Member Broussard Vickers indicated she would not want to pay for plans and
specifications until the City knows whether the developer is willing to pay the amount
discussed.
Page 9 of 28
Mayor Swedberg commented that the homeowners have said they do not want water and
then asked why their opinion did not count for something.
Mayor Swedberg commented that he felt all parties are equal in their opinion and right to
say whether they want City water or not.
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to accent the feasibiUty study for watermain extension on County Road 14.
Ayes - 4. Nays -1 (Mayor Swedber2). Motion carried.
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to table nrenaration of the nbms and snecifications for the watermain
extension on County Road 14.
Mayor Swedberg asked if the City would need to have another public hearing on this
matter.
City Attorney Hoeft indicated that the next public hearing would be the assessment
hearing. Ms. Moore-Sykes noted the assessment hearing would be held in November of
2002.
Vote: All in favor. Motion carried unanimously.
IV. APPE~CES/AVVARDS
None.
V. CONSIDERATION OF MINUTES
1. January 9.2002. Council Meeting Minutes
Council Member Capra asked that Staff look up the spelling of Michelle Wrboleski's
name because she is the person referred to as "a resident in attendance" on Pages 11 and
13.
Motion by Council Member Nelson. seconded by Council Member Canra to
annrove the January 9. 2002 Council Minutes as amended. AIl in favor. Motion
carried unanimously.
VI. PETITIONS AND COMPLAINTS
None.
Page 10 of28
VII. OLD BUSINESS
1. Deferred Compo Report - Abdo, Abdo. Eick & Meyer
Ms. Moore-Sykes indicated that Abdo, Abdo, Eick & Meyer was asked to look at the
City's deferred compensation plan from 1996 to present and has provided a report for
Council consideration.
Ms. Moore-Sykes indicated there were two issues. The first issue is that FICA and
Medicare were not paid due to a misunderstanding of the requirements. She then
indicated that the City would need to remit the shortage to FICA and Medicare and the
participating employees W2 forms would need to be amended to reflect the deduction of
those two amounts. She further indicated that, because most of the employees that are
involved no longer work for the City, the auditor has recommended that the City pay both
sides as soon as possible and attempt to collect from the employees later.
Ms. Moore-Sykes indicated the second issue is that the City may be required to convert
its contribution to the state deferred compensation plan. She then indicated that Mr.
McDonald is attempting to find an absolute determination on that matter and has
contacted the attorney general's offIce for an interpretation of the statute as to whether it
is a wage or benefit.
Council Member Capra commented that when Council received a copy of her initial
report a copy of that statute was attached.
Ms. Moore-Sykes indicated that the auditor recommends that Council send a letter to the
Attorney General's OffIce to ask for an interpretation of the statute.
Council Member Capra asked if this would be something City Attorney Hoeft would look
into for the City.
City Attorney Hoeft indicated he had dealt with this issue in another jurisdiction and, as
Mr. McDonald indicates in his report, the initial information received is that it would be
considered wages and that is how it was handled in the other jurisdiction. He then
indicated he felt it would be appropriate to ask for the Attorney General's Opinion.
Council Member Capra commented that the City has no cafeteria plan in place and it
needs to have one.
Mayor Swedberg commented that this is an eligible plan but not a qualified plan in the
pension world. He then indicated the City needs to determine whether this is the proper
pension vehicle to be in because there are better instruments of qualified plans available.
He further noted the matter would need to be researched and could not be solved in one
night.
Page 11 of28
Council Member Broussard Vickers asked what happens to the employees that are still
working for the City and what has happened since October of 2001. Ms. Moore-Sykes
indicated that as of January 1,2002, the City is taking out Medicare and FICA.
Council Member Capra raised another concern that there may be employees who
received a cash benefit instead of putting it toward deferred compensation. She then
indicated that the City would need to research to see if any checks were issued to
individuals rather than the insurance company.
Ms. Moore-Sykes indicated that would not be part of deferred compensation so the
auditor did not review it.
Motion bv Council Member CaprL seconded bv Council Member Nelson to
authorize Mr. Hoeft to contact the Attornev General's Office to request an opinion
on the deferred compensation issue. All in favor. Motion carried unanimously.
Mayor Swedberg asked if the back taxes should be paid now or after receipt of the
Attorney General's opinion. City Attorney Hoeft suggested paying the back taxes now
that the City is aware of the amounts owed and decide whether to try to collect from the
employees at a later date.
Council Member Capra indicated the City needed to amend W2's and suggested
authorizing Abdo, Abdo, Eick & Meyer to do so because it would be easier for them than
it would be for the City.
Council Member Capra indicated that the individual who had exceeded the maximum
contribution amount by $112.50 had brought it to her attention that the overage resulted
from a timing issue where PEBSCO received the funds earlier than they should have.
Motion by Council Member Nelson. seconded bv Council Member Broussard
Vickers to authorize Abdo. Abdo. Eick & Mever to prepare corrected W2 forms for
each year from 1996 throul!:h 2001. to create the recommended form 1099& and to
pav the back taxes of $5.954.32.
Council Member Capra asked if Abdo, Abdo, Eick & Meyer would be contacting the IRS
to find out if the penalty and interest could be waived.
Vote: All in favor. Motion carried unanimously.
Council Member Nelson asked whom to contact to have the penalties removed. City
Attorney Hoeft indicated there is a former IRS agent in his office who is an attorney and
does that type of work.
Motion bv Mavor Swedberl!:. seconded bv Councll Member Nelson to have the IRS
al!:ent from City Attornev Hoeft's office contact the IRS on behalf of the City. All in
favor. Motion carried unanimously.
Page 12 of28
2. 2002 Budget/Council Salary Increase
Council Member Broussard Vickers asked if the $15,000 recycling funds were added to
the budget for revenue.
Council Member Nelson indicated the grant funds are in a special recycling fund. She
then pointed out changes to the budget information from what was sent out in packets and
noted that there may be another change because she and Ms. Bender are working on the
employer paid insurance costs.
Council Member Broussard Vickers noted the budget is a guideline and it can be flexed a
little bit to accommodate.
Council Member Broussard Vickers asked where the $14,000 had come from. Council
Member Nelson indicated the amount was to be used to reduce the old debt funds.
Mayor Swedberg asked whether the number being certified to the County had changed.
Ms. Sykes indicated that the overall budget to be certified to the County had not changed
and noted that Council needs to approve the budget before it is sent to the County.
Motion bv Council Member Capra. seconded bv Council Member Travis to approve
the 2002 budf!et with the noted corrections for submission to the state auditors
office. All in favor. Motion carried unanimouslv.
3. Lion's $10.000 Fete des Lacs Contribution
Ms. Moore-Sykes indicated the Lions had asked Council to release the $10,000 so that
the Lions could begin planning the parade and fireworks.
Council Member Nelson indicated she would like to see an agreement that says the
Centerville City Council approves the request with the following requirements: The City
will donate $10,000 to fund the parade and fireworks and, any funds not used for that
purpose should be returned; Lions must provide the City with a detailed accounting of
costs for the parade and fireworks; Lions must provide the City with copies of invoices
paid; Lions must insure fireworks vendor and include the City as an additional insured on
the policy; and the Lions are not authorized to enter into any contracts on behalf of the
City.
Council Member Travis expressed concern that the money be readily available to the City
for access if the Lions do not provide what they are asked to provide.
City Attorney Hoeft indicated that, as a practical matter, the City can enter into whatever
agreement it wishes with the Lions but he is not sure what the City will do if the Lions do
not hold up their part of the agreement.
Page 13 of28
Council Member Nelson indicated the City would sue the Lions. City Attorney Hoeft
indicated that was fine with him because he is the only one that comes out ahead on that
type of situation. He then commented that the City would not win any popularity
contests by suing the Lions.
Motion bv Council Member Nelson. seconded bv Council Member CaDra to enter
into the a2reement as discussed with the Lions. All in favor. Motion carried
unanimouslv.
4. Surface Water Management Plan (Update)
Ms. Moore-Sykes indicated there was nothing new to report as Staff is still working on
the spreadsheet that will be part of the stormwater management plan.
Council Member Broussard Vickers indicated that the Planning and Zoning Commission
is interested in the storm water management plan as it relates to the C 1 zoning areas.
Council Member Nelson expressed concern with a statement in the January 8, 2002
Planning Commission minutes that indicates that a variance would be granted by inaction
if a waiver was not signed and Council did not vote on it at the next meeting which would
have been the following day.
Council Member Broussard Vickers asked if the resident had signed a waiver. Ms.
Moore-Sykes indicated she was not sure but would look into it.
Council Member Broussard Vickers explained that, procedurally, this was an issue but
noted there is no issue with the variance being granted because the Planning and Zoning
Commission anticipated making changes to the C 1 zoning that would allow for the deck
to be built and Rice Creek Watershed District had approved the plans pending approval
by the City.
Council Member Nelson indicated she is upset about the situation and does not like the
fact that a variance gets to Council when it is too late and is approved automatically.
Council Member Broussard Vickers indicated this variance was the first one that she can
recall that was granted by inaction, if the waiver was not signed.
Council Member Nelson indicated it could set precedent as a way to push things through
and obtain approval.
Council Member Broussard Vickers indicated that the whole issue stemmed from the fact
that the Cl district needs to be rezoned and the Planning and Zoning Commission needed
further input from the City Attorney before doing so. She then indicated that Planning
and Zoning did not want to make a decision on the variance until it determined what to
do about the zoning of the Cl district. She further commented that she should have
Page 14 of28
;:&"'l
remembered to ask at the Council meeting the next night if the waiver was signed but she
did not remember.
Council Member Nelson asked that she be notified if there are any other situations where
a variance would be granted by inaction because she would make a motion to deny the
request rather than have it granted by inaction.
Mayor Swedberg asked Ms. Moore-Sykes to inform Council, during her administrator's
report as to the timetable on variances in the future.
Council Member Travis commented that some changes need to be made to the agreement
and specifically noted that the document states there is not an agreement with Lino Lakes
for a shared water line and the City does have such an agreement.
5. Mutual Aid Agreement (HUgo. Lino & Centerville)
Ms. Moore-Sykes indicated she had found a copy of the mutual aid agreement in City
records. She then indicated that Hugo and Lino Lakes had signed the document.
Motion bv Council Member Nelson. seconded bv Council Member CaDra to
aDDrove the mutual aid a2reement for the Drovision of emer2encv DubUc works
assistance amon2 the cities of Centerville. Lino Lakes. and HU20.
Mayor Swedberg asked if there is a downside to the agreement.
Ms. Moore-Sykes indicated that Mr. Palzer has an informal agreement already in place
and this document formalizes it and holds each City harmless for incidents during an
emergency.
Council Member Travis noted Council had voted to deny the agreement once before
because of the format but the format has been changed.
Vote: All in favor. Motion carried unanimously.
6. Final Plat/Develooers Agreement (Eagle Pass 2nd Addition)
Mr. Quigley gave a brief overview of the changes made to the plan since the last time it
was before Council.
Council Member Broussard Vickers asked if the cul-de-sac had been made into a width to
accommodate a public street.
Mr. Quigley indicated he had reviewed the developer's agreement and noted that storm
water fees and park dedication fees were paid on the first development. Ms. Moore-
Sykes confirmed that the developer had paid park dedication fees but indicated she would
need to research whether the storm water fees were paid.
Page 15 of28
Mayor Swedberg asked if the developer's agreement covered silt barriers. City Attorney
Hoeft indicated that erosion control is covered.
Ms. Sykes noted the City received a letter from Brian Rawlings, the Association
President, asking for several items and one was additional lighting. She then noted that
the City is asking for an additional street light to be added at Ojibway Drive and Dupre.
Mr. Quigley commented that he had agreed to that.
Council Member Capra asked if the bulbs were changed in the fixtures in the
development. Ms. Moore-Sykes indicated that she had sent the Association a letter
informing them that the bulbs could be changed to 150 watt bulbs at Association expense
and she has not received a response.
Council Member Nelson indicated that she thought Council had given the Association an
answer on the private drive issue. The Association members commented that they had
not received an answer to their petition for the City to take over Ojibway Drive.
Council commented that it had not agreed to take over Ojibway Drive.
Council Member Broussard Vickers asked if the use of Ojibway Drive was governed by
the document. Mr. Quigley indicated that Ojibway Drive was not addressed in the
agreement.
Mayor Swedberg indicated that, when discussed previously, Mr. Quigley had agreed to
return Ojibway Drive to the same condition it is currently in.
Mr. Quigley indicated Council had agreed that the City had no interest in making the
street public. He then noted that he had agreed to return the street in a like manner after
construction.
Council Member Broussard Vickers asked what the association paperwork says about
access to private roads and noted it was an issue between the association and the
developer and cannot be in the City's agreement.
Mr. Quigley indicated, as he had in previous meetings, that he had committed by letter to
minimize the construction traffic on Ojibway Drive and have agreed that the road would
be maintained and cleaned up after construction. He also noted the letter states the
developer will bring the road back to the current standard if any damage is done and
warranty it as such. He further noted that the City has a letter of credit that can be
utilized for clean up if the developer should fail to do so.
Council Member Broussard Vickers asked where in the agreement its says the City can
draw on the escrow to do cleanup. City Attorney Hoeft indicated that the document does
allow the City to draw on the escrow for clean up. He then indicated he approved of the
Page 16 of28
document. Ms. Moore-Sykes indicated she was comfortable with the agreement but said
she would need to check on the storm water fees.
Mr. Brian Rawlings of 7069 Dupre Road read an excerpt from the November 6,2001
Planning and Zoning Commission minutes that was a motion to approve the preliminary
plat with the association's requested issues as to trees, trailway through the outlot,
concerns with screening and a written agreement for Ojibway Drive.
Mr. Rawlings indicated that the homeowners were told by the Planning and Zoning
Commission that their requests would be addressed in the developer's agreement and
now they are being told that the items cannot be addressed in the developer's agreement.
He then questioned how they are supposed to protect themselves.
Mr. Rawlings indicated he had requested silt fences for the back of his property and Mr.
Palzer had said he would look at it. He commented that no silt fences were brought out
and they were necessary to keep the soil from filling the drains. He then -indicated that
the answer was that the developer would have to clean out the drains but by then the
damage is already done. He also asked how the homeowners could protect themselves
from that type of issue.
Mr. Rawlings indicated the homeowners association felt it had a commitment concerning
trees and today the site was cleared except around the perimeter. He then commented
that he understood from the Council meetings and the Planning and Zoning meeting that
some trees would be harvested but some would be transplanted.
Mr. Quigley explained that all the trees removed were scotch pines and noted that the
property was a tree farm and, by definition, the trees are to be harvested every three to
four years. He also noted that scotch pines are classified by any forester as a weed tree
and noted they tried to save any spruce or Norway pines on the site.
Mr. Rawlings indicated he was looking for Council to protect or inform him of this kind
of thing because a tree is a tree. He also noted there are other issues that are not
addressed and he had been given information that the developer's agreement would
contain this information and the trees were plowed down on the day the agreement is
being considered by Council.
Ms. Moore-Sykes explained that the Planning Commission is an advisory group to
Council and not the final decision making body. She then explained that the property is
privately owned and the trees were cleared to build some buildings.
Mr. Rawlings asked if a grading permit was obtained. Ms. Moore-Sykes indicated that a
grading permit is not required for cutting trees and noted that, unless the homeowner's
association wishes to purchase the property, there is nothing that can be done to stop the
tree removal.
Page 17 of28
Mr. Rawlings commented that he could almost guarantee that Ojibway Drive would not
be a new road when the project is done.
Mr. Quigley indicated he has done everything he can do to cooperate and noted the
grading plan showed the trees to be cleared and those to be left. He then commented that
more trees were left than originally planned in an effort to accommodate the association.
He further explained that the trailway is not an option as it crosses private property and
said he has provided a letter guaranteeing that he will return Ojibway Drive to the same
condition it is currently in.
Mayor Swedberg asked that the matter not be turned into a debate.
AI Peterson of 7065 Dupre Road said he did not appreciate being lied to because the
minutes said that any trees suitable for transplanting would be transplanted. He then
commented that there was more than one kind of tree on the site. He further commented
that the site was scraped to the ground and that is not what the association was told.
Council Member Capra asked Mr. Rawlings and Mr. Quigley if there was a signed
agreement with regard to the road. Mr. Quigley indicated he had signed a letter that
agreed to maintain the condition of the road. Mr. Rawlings said he had an unsigned
copy. Mr. Quigley handed him a signed copy of the letter.
Jerry Albrecht of 7071 Dupre Road asked Mr. Quigley what happened to the landscape
person who was to come and see where the trees could be planted.
Mr. Quigley indicated that the person was there and noted that it is not within this
development it is on the existing Eagle Pass. He then noted that the trees were not able to
be planted this past fall but would be planted as soon as the weather allowed.
Lori Peterson of 7065 Dupre Road told Council she cried for about 15 minutes looking at
the destruction that she did not believe was going to happen. She then asked how it
happened before there was a signed agreement.
Council Member Broussard Vickers explained that a property owner could cut down trees
on their property any time they want to.
Ms. Peterson commented that the City makes it necessary to plant a tree but the owner
can cut down the tree at will.
Mayor Swedberg explained that the City has no tree removal or harvest ordinance.
Ms. Peterson indicated that she felt that it was a shame that the City did not regulate tree
removal and then accused Mr. Quigley of lying.
Mayor Swedberg asked Ms. Peterson to refrain from inflammatory comments and
indicated that, if she did not, her comments would not be heard.
Page 18 of28
Ms. Peterson noted that the other private street would be made public. Council Member
Capra indicated that the street has not been built as a private street and Council had
requested that it be public before it was built.
Mayor Swedberg indicated the road would be built to City specifications for a normal
public street.
City Engineer Peterson noted that the City standard is 33 feet wide and the new street
would be 30 feet so it is slightly smaller than the City standard. He also noted that the
cul-de-sac is slightly smaller than the City standard.
Ms. Peterson indicated that Ojibway Drive is 25 feet wide and Council had said it was
refusing the street because it was not wide enough for a public street. She then
commented that Brian Drive is only 24 feet wide and is a public street.
City Engineer Peterson indicated that the road was built to the public standards at that
time and the City standards are now 33 feet wide.
Ms. Peterson asked why Council would not make Ojibway Drive a public street.
Council Member Broussard Vickers indicated that it was her opinion that the street
should be made public. Ms. Peterson indicated that making the street public would make
things better for the senior housing and there would not be all the fighting that is going
on.
Council Member Capra told the story of when she was building on her lot and the
neighboring property owners were not happy that the lot was sold and being built on so
they would throw rocks at the developer's truck. She then indicated she understood the
dilemma of the association concerning the trees but noted Mr. Quigley owns the property
and, unless the association wants to purchase all the land surrounding them, there is the
possibility that something you do not like will end up next to you.
Council Member Capra indicated she would be taking photographs of the road when the
snow is off it for her own reference because she is concerned for the association and the
condition of the road.
Council Member Broussard Vickers noted that there was nothing that Council could do to
get between the association and Mr. Quigley concerning the road because it is a civil
issue. She commented that the Planning and Zoning Commission's recommendation was
brought forward for Council review and is not a final decision. She then indicated that
her husband is a tree farmer and scotch pines, while nice to look at, are not balled and
burlapped for transplant. She further indicated that there is a requirement for trees in the
agreement unlike the previous agreement.
Page 19 of28
Ms. Peterson indicated that homeowners received bylaws on the date of closing. Council
Member Broussard Vickers indicated that was a civil issue with the developer.
Council recessed at 8:35 p.m. to change the tape.
Council reconvened at 8:40 p.m.
The Association left during the recess.
Council Member Nelson indicated she did not like the fact that the road is only 30 feet
wide when the City standard is 33 feet wide.
Council Member Broussard Vickers expressed concern for reducing the size of the road
when Council's reason for not taking over Ojibway is because it was substandard.
Mr. Quigley asked that the word specification be used instead of standard because the
road is in no way, shape or fonn substandard. He then indicated it had been suggested at
the last meeting that because of the PUD he could change the road.
Council Member Broussard Vickers indicated there is no reason that it cannot be changed
and then asked why it could not be three feet wider. City Engineer Peterson indicated
that the structure would be closer to the street because it can not be shifted back.
Council Member Broussard Vickers asked if the driveway would be shorter than a car.
Mr. Quigley indicated it could happen.
Council Member Broussard Vickers indicated she did not want to create any more private
roads and create more problems.
City Attorney Hoeft clarified that the City does not have problems with private streets,
the homeowners association has the problems. He noted that those homeowners have
more rights than any other resident of the City would have because of the association
documents. He then commented that the association may have to pay to enforce those
rights but they do have that option. He further commented that there is no legal issue as
to whether the street should be public or private.
Council Member Capra asked if the other cul-de-sac street was public or private. City
Engineer Peterson indicated it was private.
Council Member Nelson commented that she had a problem with the road being 30 feet
wide instead of 33 feet. City Engineer Peterson indicated that the 33 foot specification
fits well with a 60-foot right-of-way but noted there is not a 60-foot right-of-way in this
instance.
Council Member Capra indicated the road should either be made 33 feet wide .or be a
private street.
Page 20 of 28
Council Member Broussard Vickers indicated she would rather see shorter driveways and
would like to see a public road that meets the specifications.
Mr. Quigley indicated he has been trying to make concessions in every direction. He
then indicated that the cul-de-sac may give him more trouble than the 33 foot wide road.
Council Member Broussard Vickers indicated the City specification is set at a 45 foot
radius to allow for fire protection and snow plowing.
Council Member Capra indicated that the school district requires bus drivers to drive into
the cul-de-sac to pick students up and the buses need to be able to turn around.
Council Member Nelson indicated she did not want to approve the final plat unless the
streets are changed. City Engineer Peterson indicated that the street could be widened if
it is pushed tight against the property line.
Council Member Broussard Vickers indicated that Mr. Quigley would need to get an
agreement from the property owners to allow tree planting on their property for screening
because the screening was agreed to.
Council Member Travis commented that the road should be made private and left as it is.
Council Member Broussard Vickers indicated that there were people from the other
association that had concerns and would prefer not to have the street private.
Council Member Nelson indicated she was not interested in making any more private
roads.
Mr. Quigley asked if Council could give approval contingent upon the roads being
reworked to City specifications.
Motion was made by Council Member Nelson. and seconded by Council Member
Broussard Vickers to approve the final plat for Eaide Pass 2nd Addition subiect to
the execution of the developer's contract and construction of the street and cui-de-
sac to current City specifications. All in favor. Motion carried unanimously.
Council Member Nelson asked that Council discuss the petition that was before Council
asking that the City take over Ojibway Drive and make it a public street. She then
indicated the matter was discussed but no formal action was taken.
Motion was made by Council Member Nelson. and seconded by Council Member
Capra to deny the request of the homeowner's association to make Oiibway Drive a
public street. Ayes - 4. Nays -l(Council Member Broussard Vickers). Motion
carried.
Page 21 of28
Council Member Capra asked Ms. Moore-Sykes to send a letter to the homeowner's
association, attention Brian Rawlings, to notify the association of Council's
determination on their petition request.
7. Rescheduling Liquor Policy Joint Meeting (Council/Businesses)
Council Member Nelson indicated she would like all the meetings to be held by April of
2002.
Ms. Sykes noted that Ms. Bender had put together the licensing information for Council
review. She then noted that any of the items listed from October 15 through the end of
the process had the potential to slow the process down.
Mayor Swedberg indicated he was fine with whatever calendar Council wanted to use but
felt the matter should be discussed.
Council Member Capra asked if Council could hold a work session prior to the meeting
with the business owners.
Council Member Broussard Vickers commented that she was not sure it was necessary to
rewrite the Code and noted that extra Council work sessions were not budgeted for.
Council Member Nelson indicated that there is not much to the liquor policy and said she
feels it needs to be reworked. Council Member Broussard Vickers expressed concern for
spending too much time on the matter as Council did not budget for that many work
sessIons.
Mayor Swedberg indicated he would like to set the first date because the Chiefhas to
invite a state official.
Council Member Broussard Vickers asked why a state official is needed.
Mayor Swedberg indicated the state official would provide a broad perspective on the
issue. He then commented that a work session at the beginning of meetings poses a
problem for the City Attorney.
Council Member Broussard Vickers stated if it is telecast then it is part of the next
meeting. If not, call it a work session.
Council Member Broussard Vickers expressed concern for the length of the meeting if
the state official speaks during a regular meeting. She then commented she feels the state
official should be at the meeting when the business owners are.
It was the consent of Council to schedule a work session for February 20, 2002 at 6:30
p.m. for the liquor presentation and discussion with the Police Chief. Council also asked
that Staff invite the license holders and any interested public.
Page 22 of 28
Council Member Broussard Vickers suggested that Staff provide Council with the
League of Minnesota Cities liquor ordinance as an example.
City Attorney Hoeft indicated that he had asked Mr. March to provide the Plymouth
ordinance for review because he has experience defending the license holders in
Plymouth.
Mayor Swedberg indicated Council wants the prosecutorial perspective to know what can
be implemented because the ordinance is not good if it cannot be enforced.
8. National Volunteer Recognition Week
Council Member Capra reported that she and Ms. Moore-Sykes had determined that the
City could use charitable gambling funds to fund the cook out in celebration of National
Volunteer Week. She then noted she would keep Council apprised of plans for the event.
9. Sheehy Property
Ms. Moore-Sykes indicated another interested party had come to City Hall to ask what it
would take to split the property ifhe purchased the property. He was given the
information and has not been back.
VIII. NEW BUSINESS
1. Waste Management
Mr. Gary Boium, the Municipal Marketing Manager for Waste Management, addressed
Council and indicated that per the contract Waste Management is requesting approval of
a 4.2% fee increase. He then explained that rates had remained flat for the last two years
and it is necessary to raise the rates.
Motion was made by Council Member Broussard Vickers. and seconded by Council
Member Capra to authorize the 4.2% CPI increase for Waste Manae:ement as
recommended by the Minnesota Department of Economic Security.
Council Member Travis asked that the increase amount be noted for the record.
Council Member Broussard Vickers read the increased amounts and commented that the
increase amounts to a few cents.
Vote: All in favor. Motion carried unanimously.
Page 23 of 28
2. ChemLawn Service Agreement
Mayor Swedberg asked if it would be more appropriate for this contract to go out to bid.
He then commented that he would like the City to research whether ChemLawn is using
fertilizer containing phosphorous in the City.
Ms. Moore-Sykes noted the contract amount is the same as last year for weed control for
the parks and the City needs to control weeds to respect adjoining property owners.
Council Member Broussard Vickers suggested asking ChemLawn what chemicals are
used.
Ms. Moore-Sykes indicated that the League of Minnesota Cities is attempting to push
through legislation making it illegal to use phosphorous fertilizers in the state of
Minnesota.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve the ChemLawn Service Ae:reement and directine: Staff to advise
ChemLawn that phosphorous fertilizer is not to be used. Aves - 4. Navs - O.
Abstain - 1 (Mavor Swedbere:l.
3. Anoka County Residential Recycling Agreement
Ms. Moore-Sykes indicated that this item was an annual housekeeping item to allow the
City to participate in the County's recycling grant program.
Council Member Nelson noted the recycling funds were used to provide the newsletter in
the past.
Motion bv Council Member Nelson. seconded by Council Member Travis to
Approve the Anoka County Residential Recvcline: Ae:reement. All in favor. Motion
carried unanimously.
4. Lift Station #1 Upgrade
City Engineer Peterson indicated that Lift Station #1 is located near The Shores
development and is in need of upgrading before adding additional homes to the sy~tem.
Council Member Broussard Vickers asked if the money for the upgrade would come
from the sewer fund. City Engineer Peterson indicated that sewer funds would be used.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson. to authorize the upe:rade of Lift Station #1 and to order plans and
specifications. All in favor. Motion carried unanimouslv.
Page 24 of 28
IX. CONSENT AGENDA
1. The City ofCenterville January 10, 2002 through January 23,2002 Expenditures.
2. Centennial Fire District Expenditures
3. Media Junction - EDC Business Directory
4. Park Construction Pay Estimate #3 - $53,459.40 (pheasant Marsh)
Ms. Moore-Sykes requested permission to add the postage to mail out the EDC directory
to Item 3.
Council Member Broussard Vickers asked if there was money in the EDC budget for that
postage.
Council Member Capra indicated that EDC has enteIprise funds to be used for the
postage.
Motion by Mayor Swedbere:~ seconded by Council Member Capra to approve the
Consent Ae:enda as amended. All in favor. Motion carried unanimously.
X. COMMITTEE REPORTS
Mayor Swedberg reported that the Police Department has asked the City for its priorities
for the coming year and asked each Council Member to bring a couple of ideas to the
next meeting. He also asked Ms. Moore-Sykes for her priorities for policing for the City.
Mayor Swedberg indicated the Police Commission is attempting to figure out how to
raise the Chief and Deputy Chief salaries to bring them more in line with the guideline
for the positions. He also indicated the Police Commission has asked to take the funds
out of the reserve funds but noted that the City would then be committed to continuing
with the increased salaries.
Mayor Swedberg noted the contract for street officers is up this year and will go into
negotiations for a new contract for 2003.
Council Member Nelson commented that the Chief provided his budget and she would
feel very strongly that there is no way to raise it.
Council Member Travis reported that the fire budget had come in $874.00 under budget
for the year.
Council Member Nelson reported the new EDC Business Directory is available in the
City Hall foyer.
Council Member Capra reported the cable commission is working on a contract with
AT&T Broadband.
Page 25 of 28
Council Member Broussard Vickers reported that Planning and Zoning is working on
Ordinance #4 and asked if Staff had provided Committee Members with the ordinance
for review. Ms. Moore~Sykes indicated Staffwas working on providing the information
and she thinks it was sent out.
Kim Stephan confIrmed that the ordinance had been provided to the Committee.
Council Member Broussard Vickers reported she would be attending the Park and
Recreation meetings in 2002.
Mayor Swedberg asked Staff to fInd out whether the new towing company is an allowed
usage in the industrial park.
Council Member Capra asked Staff to research whether the Ordinance #4 change to allow
for the garage was posted in the paper. Ms. Moore~Sykes agreed to check into it and
report back.
Council Member Capra reported that she and Ms. Moore-Sykes had attended a MNDOT
meeting concerning access onto County Road 14. She then indicated that, as far as the
County is concerned, there should be no pedestrian access onto Main Street because their
priority is moving traffic as quickly as possible.
Council Member Nelson asked if TimeSaver would be providing the minutes directly to
Council as requested.
Ms. Moore-Sykes explained she had spoken to Carla Wirth, the owner of TimeS aver,
who had indicated that the contract requires that TimeSaver submit the minutes to a staff
member. She then noted that the minutes would be sent to her and she would forward
them to Council.
XI. ADMINISTRATOR'S REPORT
Ms. Moore-Sykes noted she would be attending an informational forum concerning the
affect of the governor's budget plan on local governments.
Ms. Moore-Sykes reported she had consulted a non-profIt organization to determine the
costs to provide computer and technological expertise for the City. She then noted that a
cost estimate would be provided and presented to Council.
Ms. Moore-Sykes indicated that govoffice.com would have the web site up and running
upon receipt of payment from the City.
Ms. Moore-Sykes reported that the majority of mediation services use faIls under police
ServIces.
Page 26 of 28
Ms. Moore-Sykes indicated there would be an Anoka County elected officials meeting at
Majestic Oaks on January 29,2002, and asked those Council Members interested in
attending to notify her as soon as possible.
Ms. Moore-Sykes indicated that the Tri-City meeting would be held on January 30, 2002
at the Lino Lakes City Hall and provided a copy of the agenda for review. She noted she
had also attached a copy of an article concerning the widening of Highway 8.
Ms. Moore-Sykes indicated the board of review meeting would be held in April of 2002.
Ms. Moore-Sykes provided a hiring update indicating that .she has been considering
hiring someone who is experienced in the finance area but noted she is not sure whether
the budgeted salary for the secretarial position would cover that type of a position.
Council Member Nelson commented that she did not think it was a very good idea to
combine the clerk/treasurer position. She then commented that the person's salary would
need to be changed to reflect that she is no longer doing the treasurer's job because the
salary was increased when those duties were added to the position.
Ms. Moore-Sykes explained the City Clerk is responsible for a lot more than secretarial
service. She is responsible for the elections, public notifications and other very
specialized duties.
Council Member Capra suggested researching whether the clerk's salary is in line with a
typical clerk's salary. She then commented that she does not feel the City is getting the
best service by having those positions combined.
Ms. Moore-Sykes indicated Ms. Bender does both jobs but was at City Hall until after
6:00 p.m. again tonight to assist with getting ready for the meeting. She then commented
that there are more duties than can be accomplished in a work day.
Ms. Moore-Sykes noted she had mentioned codification in her Week in Review and
suggested talking to the League of Minnesota Cites to get some help. She then indicated
that Ms. Bender thought that this may have been done.
Council Member Broussard Vickers indicated she thought that $10,000 was approved to
have it done and noted there was a notebook with notes on wording suggestions that were
to be used in an attempt to keep costs down. She then asked that Stafflook for that list
and figure out the priorities.
Ms. Moore-Sykes indicated that someone with legal expertise would need to review the
ordinances and determine whether they are necessary or need changes. She then
commented that Ordinance #4 is very complex.
Council Member Broussard Vickers indicated that the City had just finished revising
Ordinance #4 and had paid big money for it.
Page 27 of28
Ms. Moore-Sykes indicated she would research whether the City paid a consultant to
perform the service.
XII. ADJOURNMENT
Motion by Council Member Nelson. seconded bv Council Member Capra to adiourn
. the January 23. 2002 City Council Meetin2 at 10:10 D.m. All in favor. Motion
carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 28 of 28
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City of Centerville
February 13, 2002
Council Minutes
CITY OF CENTERVll..LE
CITY COUNCIL MEETING
FEBRUARY 13, 2002
6:30 p.m.
Pursuant to due call and notice thereot: the City of Centerville held their regularly scheduled
meeting on February 13,2002, at City Hall, 1880 Main Street.
ABSENT:
Mayor Tim Swedberg
Council Member Dick Travis
Council Member Mary Capra
Council Member Mati Nelson
Council Mem"'d
None. ra
PRESENT:
STAFF:
City Administrator, Ms. Kim Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
I. CALL TO ORDER
Mayor Swedberg called the February 13, 2002, City Council meeting to order at 6:30
p.m.
D. SET AGENDA
Ms. Moore-Sykes requested that CSAH 14 watermain extension be added under Old
Business.
Council Member Capra requested that the City investigation into the Ken Cook issue be
added under Old Business.
MotioD by CouDell Member NeJsoD. seeoDded by CouDell Member Capra to
approve the a2enda as amended. AU iD favor. Motion carried unanimously.
w. PUBLIC BEARlNG(S)
None.
Page 1 of25
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City ofCenterville
February 13, 2002
Council Minutes
IV. APPEARANCES/A WARDS
1. Mr. Wayne LaBlanc (Great Blue Heron Rookery - Peltier Lake)
Mr. Wayne LaBlanc of 1677 Peltier Lake Drive showed a drawing of Peltier Lake and
pointed out the large island within the lake that contains the great blue heron rookery. He
then indicated that approximately 800 birds congregate on the north end of the island to
nest. He also noted that the north end of the Jake has no development and is quiet and
sballow with a lot of aquatic plants making a nice environment for the herons.
Mr. LaBlanc explained that in 1998 a party obtained a slalom water skiing course permit
and, at the end of that year, the bird population was down. He then indicated that a
meeting took place to discuss the steps necessary to protect the rookery. He also
indicated that in 2000 there was another big fiillure at the rookery and most of the chicks
died. He then commented that no one is sure if it was the road construction in the area or
the water skiing that caused the problem.
Mr. LaBlanc indicated that in 2001 the same two people set up the water skiing course
but rigged it so that it would sink and could not be seen. He then noted that the DNR bas
been watching the area.
Council Member Capra asked if the DNR manages the rookery. Mr. LaBlanc explained
that Anoka County Parks has a naturalist who watches the rookery along with a DNR
person who is assigned to monitor the rookery.
Council Member Capra asked if all of the area around the northern part of the Jake
belonged to the Anoka County park system. Mr. LaBlanc indicated that most of the area
belonged to Anoka County.
Mr. LaBlanc indicated the group of people that bad gotten together to discuss the status
of the rookery have recommended putting forth a local ordinance to institute a no wake
zone north of a certain line in Peltier Lake. He then indicated that there is some urgency
with this matter because as soon as the ice is out water skiing could begin. He further
indicated that they would be before Lino Lakes Council with the same ordinance as a
Joint Powers Agreement is needed between Centerville and Lino Lakes because some of
the Jake is in Lino Lakes.
Mr. LaBlanc indicated that the no wake zone would be located just south of the island but
that does not eliminate motors and would allow people to fish in there. He further
clarified that the intent of the ordinance is to eliminate high speed boating and protect the
rookery and the sensitive environment around the north end of the island.
Ms. Joan Galley, the DNR's regional non-game wildlife specialist for the seven county
metro area, indicated she lives in Arden Hills but comes out to Centerville to watch birds
because Centerville bas some very special resources. She indicated herons and egrets are
different from backyard birds because they nest all together in a group or colony and that
Page 2 of25
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City ofCenterville
February 13, 2002
Council Minutes
makes them vulnerable to disturbance. She indicated that part of her job is to keep track
of the special nesting places of the herons and egrets and noted that, of the nine colonies
in the metro area, only one colony is in Anoka County and that is the on the island in
Peltier Lake.
Ms. Galley indicated that the colony bas been on the island since 1982 and records show
that this colony formed because other rookeries fuiled. She further indicated that this
colony is the second largest colony of herons and egrets and that is why it is such an
important spot.
Ms. Galley indicated that the birds have fuiled to successfully nest the Jast two years and
the DNR wants to encourage the birds to stay by helping them to be able to nest
successfully this year.
Ms. Galley indicated that the data shows that these heron rookeries sometimes need a
buffer protection zone around them to keep them safe. She then indicated that there is a
complicating fi1ctor in this case because two cities share the Jake and have to agree to
submit the same ordinance to the DNR to make it possible.
Marty Asleson from the City of Lino Lak~ reiterated the comments of Ms. Galley
confirming that the herons and egrets nest as a colony on the island. He then conmented
that the task force believes that there is only one, or possibly two, more chances for the
birds to successfully nest on the island before they move the colony. He further
commented that it is the desire of the task force that residents along the Jake be notified
by mail prior to posting in the newspaper.
Council Member Capra commented that boat use would still be permitted south of the no
wake zone. Mr. Asleson cJari:fied that the ordinance would regulate use north of the no
wake zone and allow the Anoka Cowny Sheriff's Department to enforce the no wake
zone. He also noted that Anoka County would be putting in the markers to designate the
no wake zone.
Mr. LaBlanc indicated the task force was seeking approval to send the letter to residents
notifying them of the proposed ordinance and an authorization to set the matter for public
hearing on March 13, 2002 and again on March 27,2002.
Mayor Swedberg asked what was the best legal way to approach the matter. City
Attorney Hoeft indicated it would be fine for the City to authorize sending out the letter
because it does not obligate the City to anything. He then commented that he would
review the Joint Powers Agreement and proposed Ordinance.
Mayor Swedberg asked that the letter be printed on City letterhead.
Ms. Galley indicated that both cities would need to send out letters because there are Lino
Lakes' residents along the Jake as well as Centerville residents.
Page 3 of25
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City of Centerville
February 13, 2002
Council Minutes
Council Member Broussard Vickers asked when nesting begins. Ms. Galley indicated
that the local residents bad informed her that the first great blue herons are back on St.
Patrick's Day and the birds begin building nests at the end of April with the chicks
hatching out in June and July.
Council Member Broussard Vickers questioned why the City is being asked to act as the
authority to enact the ordinance if the Sheriff's Departtnent bas regulated permits in the
past. Ms. Galley indicated that the City may ~ an ordinance for surfilce water use
management and the sherifl's Department would enforce the ordinance. She then
clarified that the task force is not asking to restrict water skiing south of the no wake line.
She also noted that there was a representative from the Sheriff's Department at the task
force meeting.
Mr. LaBlanc indicated he had a concern about the water ski course moving out to the
main part of the Jake because it takes up so much space but said the rookery is of greater
concern at this time.
Council Member Broussard Vickers asked what happens in boating etiquette when the
course is up and someone wants to travel through the area. Mr. LaBlanc explained that
slalom water skiing is an aggressive activity that takes up a lot of space on the Jake. He
then indicated that because of the aggressive activity everyone bas to go around and no
one can fish through the area because there is so much stuff in the water.
Council Member Broussard Vickers asked whether water skiing activities to the south
would affect the rookery.
Ms. Galley indicated that the DNR recently did a study on the types of recreational
activities on Peltier Lake which may be useful in understanding all the dynamics on the
Jake. She then commented that the no wake line was placed south of the island to allow
for a buffer zone between the activities on the Jake and the birds.
Council Member Broussard Vickers asked why the Island bas not been designated as a
bird sanctuary.
Ms. Galley indicated that a DNR representative would be placing signs on the island to
notify people that the island is a rookery.
Mr. Asleson indicated the Sherift's Department needs something to enforce and then
noted the state and county defer all regulation of surface water use to the local
government.
Council Member Broussard Vickers commented that the normal process for these types
of matters would be to have the'matter go before the Planning and Zoning Commission
prior to coming to Council.
Page 4 of25
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City of Centerville
February 13, 2002
Council Minutes
City Attorney Hoeft indicated that matters of this type are typically handled by the
Planning and Zoning Connnission prior to coming to Council' but said it is not required.
He then recommended Council authorize sending out the letter by motion.
Council Member Broussard Vickers asked that the proposed schedule be included in the
letters that are sent out and said she would like to have the first public hearing at the
Planning and Zoning level and the second at Council.
Council determined that the first public hearing would be scheduled for March 5,2002 at
the Plarmitlg ~ Zoning Commission meeting and the second public hearing would be
scheduled for March 13, 2002 at the Council meeting.
Motion bv CouDcD Member NeIsoD, secoDded. bv Coo.cD Member Capra to direct
Statl to seDd out the letter as proposed bv the task force o. City letterhead aDd
mctude the schedule for the public hearia2S. AU in favor. Modo. carried
uDaDimously.
2. Mr. Bill Bisek (Powntown Watermain Extension)
Ms. Moore-Sykes indicated she bad received a letter from the Church of St. Genevieve
along with a memo from the EDC both in support of the watermain extension into
downtown.
Mr. Bill Bisek of 7098 Centerville Road apologized for not having information in
Council packets but noted he bad a hard time getting the materials. He then commented
that the EDC has been working on the downtown revitalization project for approximately
eight years and will be unable to move forward on the revitalization without first having
the infrastructure in place.
Council Member Capra asked which of the downtown businesses are members of tbe
downtown business owners association. Mr. Bisek listed the businesses for Council.
Council Member Nelson asked whether those businesses are the ones in support of the
water extension. Mr. Bisek indicated that those businesses are in support of the water
extension.
Mr. Bisek indicated that a petition was started approximately eight months ago and 35%
of the property owners had signed it. He then connnented that be thought 35% is what is
necessary to proceed with the project. He further commented that there were some
negative comments at the public hearing and the matter came to a standstill.
Mr. Bisek asked if the City could come up with some way of deferring the costs to those
businesses and residents that do not want water in order for the project to proceed. He
then suggested a bond referendum to allow the revitalization of downtown to proceed.
Page 5 of25
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City ofCenterviIle
February 13, 2002
Council Minutes
Mr. Bisek indicated he had spoken to Father Fitzgerald and Father Fitzgerald had told
him that the church does not have its own well, the water comes from the priest's house
under the road to the church. He then indicated that the church has said it would need
City water for its planned expansion, remodel or new fi1cility.
Mr. Bisek indicated he has plans to improve the outside of his building as wen as the
parking lot but is waiting until the watermain is installed because it does not make
financial sense to make the improvements to have them tom up when City water comes
in. He also commented that there is a major drainage issue downtown and noted his
parking lot floods each spring and anytime there is a heavy rain.
Council Member Nelson commented that when Council last looked at this matter there
were 8 parties not interested in water. She then commented that this is a turn around and
a bigger step forward than realized.
...
Council Member Broussard Vickers indicated she had seven parties listed as not
interested in City water.
Mr. Bisek commented that the Carpenter fimill:y that owns the rental property to the west
of Kelly's is interested in City water.
Council Member Broussard Vickers agreed that bringing water into downtown is
important for looping the City's system and improving downtown. She then indicated
that there is no way possible for th~ City to pay for the project at this time. She also
commented that using a per lot footage to assess places the assessments at $8,000 to
$9,000 which she feels may be more than the benefit received.
ColDlCil Member Broussard Vickers asked City Attorney Hoeft whether commercial
property or business owners could be required to pay for the full share if the City picks
up the residential costs. City Attorney Hoeft indicated it would be appropriate for the
City to make a distinction for commercial, residential, and industrial but cautioned that
the City would have to treat like properties in the same manner.
Council Member Broussard Vickers asked if the busines$ owners would pick up their
entire share if the City pays for residents. Mr. Bisek indicated he did not have a problem
with that proposal but said he would have to ask the other business owners for their
opinions.
ColDlCil Member Capra asked if it would make sense to do the streetscapes at the same
time as water is put in. Mr. Bisek indicated it would be logical to do so.
Council Member Broussard Vickers commented that she could not see where the money
would come from for water much less streetscapes.
Mayor Swedberg indicated there was another issue involving residents who did not feel
the area should be used for commercial uses and that was a very strong opinion. He then
Page 6 of25
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City of Centerville
February 13, 2002
Council Minutes
commented that he felt more people needed to be behind the watermain extension before
he would feel comfortable moving forward.
Mr. Bisek indicated that the downtown area is a mixed use zoning which is unique. He
then commented that it is human nature to be resistant to change and no one wants
anything in their backyard but change can be good. He further commented that he feels
the revitalization of Centerville will benefit everybody because bringing water downtown
brings new businesses.
Mr. Bisek commented that downtown Centerville is the thoroughfilre to the Jake and, if
revitalized, would be a benefit to the entire community.
Council Member Capra agreed that the watermain needed to be extended but also agreed
that funding is not available for the project at this time. She also commented that the
widening of Main Street is of concern right now.
Mayor Swedberg indicated that there was nothing that could be done at this meeting.
Council Member Broussard Vickers indicated the matter should be revisited before next
year's budget is set in the hopes of being able to fund it for next year.
Mr. Bisek asked if there would be grants or anything available through the state or federal
government to help defer some of the costs.
Mayor Swedberg commented that he did not feel there would be any grant funds
available in light of the state budget deficit and the federal government's goal not to
expand its budget.
Ms. Moore-Sykes indicated that CDBG Funds may be available.
Council Member Nelson indicated the matter should be looked at for next year's
budgeting cycle and commented that Mr. Bisek needed to talk to people and gather
support for the project during the interim.
Council M~mber Broussard Vickers suggested getting something in writing from the
business owners asking whether they are willing to accept the full share if the City is able
to pick up the residential costs.
v. CONSIDERATION OF MINUTES
1. Janumy 23. 2002. Council Meeting Minutes
Council Member Nelson requested the following change: On Page 6 of 28, Fourth
Paragraph change the word "hose" to "house".
Page 7 of2S
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City of Centerville
February 13, 2002
Council Minutes
MotioD by Council Me.ber Nelsol!. seeoDded by COUDCn Member Travis to
appJ'C)ve the JaDuarv 23. 2002 CouDcil Minutes as ameDded. AU in favor. MotioD
earried unanimously.
VI.
PETITIONS AND COMPLAINTS
None.
VB. OLD BUSINESS
1. Surface Water Management Plan
Ms. Moore-Sykes indicated Staff was working on the numbers and hoped to get them to
the consultant at the end of the week for consideration.
2. County 14 W,atermain F.-rtension
Mr. Peterson indicated he bad spoken to Mr. DeFoe concerning the assessment amount
and Mr. DeFoe bad indicated that, if he keeps Water Works in operation, there would be
no way to get eight lots out of the parcel due to the parking requirements for the business.
He then commented that he bad provided another type of funding scenario for
consideration whereby DeFoe is charged for 10 lots, the developer is charged for 10 lots,
and there are 10 residential lots for a total of 30 lots divided by the total costs which
amounts to $5,400 per lot.
Council Member Nelson asked if thelO lots included Water Works. Mr. Peterson
explained that the Water Works amount dropped because the 10 lots was for the entire
parcel
Mr. Rehbein indicated he felt the new proposal was reasonable. He then commented that
his first hope was that the City would decide not to extend the watermain, but he feels the
$5,400 per lot is more reasonable.
Mr. Peterson reminded Council that it had approved the feasibility study and tabled
moving on with preparations for the project and noted that to continue on at this point
Council would need to authorize the preparation of plans and specifications.
"
Ms. Sharon Zimney of 7252 Lavelle Drive indicated that she was concerned that the road
would be dug up to extend water and commented that she felt $10,000 was way too much
money to replace a perfectly good well
Council Member Capra clarified that residents are not required to hook up to City water
until their well tails. She also explained that the road would not be tom up to extend the
watermain.
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Council Minutes
Council Member Travis indicated he bad received twQ caDs concerning this matter and
the residents bad asked him whether the matter was on Council's agenda for this meeting.
He then commented that be told the residents it was not on the agenda and residents did
not need to attend because he was not aware that it was going to be placed on the agenda.
Council Member Nelson commented that she feh Council should wait to decide on the
matter until all residents can make their comments.
Mr. Rehbein indicated Council had been te11dng about this since the middle of November
and he cannot proceed until a decision is made. Council Member Broussard Vickers
indicated he could proceed before the dollar amounts are set.
Mr. Rehbein indicated he was concerned that if he moved ahead with the plans to put
City water in his development the City could determine it is unable to justify the
assessment amount to residents and decide not to do City water and that would cost him
money. He then commented he would be more comfortable waiting until the City has
agreed to the numbers.
Council Member Broussard Vickers indicated that rather than stop the process of City
water the City would probably put the excess cost onto the developer. Mr. Rehbein
commented that, even though the numbers discussed at this meeting are reasonable,
Council Member Broussard Vickers had commented that she feh $9,000 is more than the
benefit to the lot.
Mr. Rehbein indicated he was only asking to develop the property as allowed and is not
asking for a rezone so the City cannot stop him from doing that because the City is not
sure what it wants to do with the watermain. He then asked Council to remember that he
did not ask for City water.
Mayor Swedberg indicated he thought it would be right to wait until all parties involved
can be heard.
Council Member Nelson indicated she thought it would be helpful if Council discussed
the numbers and indicated what number Members were comfortable with.
Mr. Anderson commented that the minutes of the last meeting stated that Council had
agreed to wait until it had better numbers and find out if the developer was willing to pay
the amount attributed to him. He then indicated Council had not said whether it would
make the decision at this meeting.
Council Member Nelson indicated the decision hinged on the response from the
developer.
Council Member Broussard Vickers commented that the developer is interested in paying
$54,000 but not the $81,000.
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Council Minutes
Mayor Swedberg quoted his comments from the last meeting and said he feels the
interested parties need to be at the meeting to be heard.
City Attorney Hoeft indicated Council needed to authorize the preparation of plans and
specifications in order to go out for bid to have better numbers for the project. He then
indicated that the City Engineer's figures are an estimate and could change slightly but
should not go up much, if any. He further commented that Mr. Rehbein has agreed that
$5,400 per lot for City water is reasonable.
Council Member Capra indicated the $5,400 is only the cost to run City water to the lot
and the developer has more costs to ~nnect each home to the water. City Attorney Hoeft
indicated that, from a financial standpoint, Council is in a lot better position than it was at
the last meeting because two-thirds of the property owners agree to the funding.
Council Member Nelson indicated she would like to proceed with plans and
specifications and said she would feel more comfortable with keeping 10 residents at the
$4,903, the developer at $58,970, the DeFoe property at $54,000 and the City portion at
$26,000 because that lowers the residential property owners portion slightly.
ModoB by Mayor Swedbel"2. seeoBded by CouBcll Member Travis to ~ble thl!
matter for further cOBsideratioB of the Bumben. Ayes - 2. Nays - 3 {Broussard
VickerslNelsoalCaora. MotioB failed.
Council Member Broussard Vickers suggested splitting the c:liffurence between proposal
number three and four and muhiply the number times the number of lots which calculates
to $66,865 for the developer and $64,220 for DeFoe. She then commented she is
concerned about spending money for the plans and specifications in the event the
developer challenges the City's numbers. She also commented that she feels the City
would benefit from the extension by being able to loop Pehier Lake Drive in the future.
Mayor Swedberg asked if the developer would be asking for 429 bonding authority. Mr.
Rehbein indicated he is developing the project as a private project and would riot be using
the 429 bonding authority.
Mayor Swedberg asked what the plans and specifications would cost in engineering fees.
Mr. Peterson estimated the engineering costs to be approximately $15,000. Mayor
Swedberg commented that the City could incur costs for something that might not
happen.
Council Member Nelson suggested charging the developer $60,000, Mr. DeFoe $60,000,
the City $27,000, and each resident $3,200.
Mr. Rehbein indicated he would be willing to pay the $60,000 but noted that puts the
total costs of water at $12,000 per lot and that is almost three times as much as a well.
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February 13, 2002
Council Minutes
Council Member Broussard Vickers stated she felt that City water is a benefit to the
property and is a good bargain when the wells fail.
Council Member Nelson stated she felt the fire hydrant was important.
Mr. Rehbein commented that the lower the number, the happier the resident, but
cautioned the City against setting a precedent that is too low.
Council Member Broussard Vickers indicated this project is sharing costs with two
developers rather than one but said the precedent is very close to the way assessments
have been done in the past.
Council Member Nelson asked whether Council was interested in her financing proposal
of $60,000 for the developer, $60,000 for DeFoe, $27,000 for the City so that the
developer could feel confident knowing what the IlUlIlbers were and could move forward.
Ms. Bender commented that one resident on Mound Trail was interested in City services
and was sending around a petition but noted she has not seen that petition yet.
Mayor Swedberg commented that Council was c~ngmg numbers on the fly again and he
is uncomfortable with that.
Motion by Mavor Swedbel'J. seconded b~ Counell Member Travis to table this
matter for further consideration of the numbers. Ayes -2. Nays - 3 (Broussard
ViekenINelson/Capra. Motion failed.
Council Member Broussard Vickers asked whether one more two-week delay would
adversely affect the construction schedule. Mr. Rehbein indicated he bad heard that
water may not be finished until September. Mr. Peterson indicated that the project would
be completed sometime in August.
Mr. Rehbein indicated he would like to :finish the plat and with things in limbo he cannot
do that. He then said it is easy to say just two more weeks but he bas been waiting for
final plat approval since the first of December.
Council Member Nelson suggested considering a range for the dollar amounts between
$60,000 and $65,000.
Council Member Broussard Vickers indicated that the only thing that would hold her
back is that the residents wanted to be here and were not aware this matter was being
discussed.
Mr. Peterson indicated that Mr. DeFoe bad hired a surveyor and is working on a proposal
for what type of development can be placed on the parcel. He then commented that
Council may have a plan for homes on that parcel before the next meeting.
\
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February 13, 2002
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MOttOD by CouDei( Member Broussard Vickers.. secoDded by CouDeD Member
NeIsoD to table this matter to tht DeD CouDell Meetin2 to allow for ~ideDt in nut.
Mr. Rehbein commented that he predicted residents would be in fBvor of the developer
paying the higher of the two amounts.
AU in favor. MotioD earried unanimouslf.
Mayor Swedberg asked Staff to notifY the residents involved by letter.
Council recessed at 8:03 p.rn.
Council reconvened at 8:13 p.rn.
3. Ken Cook Issue
Council Member Capra asked whether the investigation, would become public. City
Attorney Hoeft indicated the information would become public when the entire issue bas
been resolved.
VID. NEW BUSINESS
1. Financial ~rting Recommendations
Mayor Swedberg indicated that Council bad a work session to discuss this matter on
January 26, 2002 and had determined that the practices and procedures need to be
clarified. He commented that, according to the League of Minnesota Cities, Centerville
fulls short in procedure and required personnel to comply with state law. He then
commented that the City's computer programs need to be updated to allow Staff to be
able to do their jobs.
Ms. Bender commented that there bad been instances where there has been a 45-minute
wait to get the system up and running properly.
Mayor Swedberg indicated the auditor has said that Staff needs to reconcile its ban1cing
statements monthly and should be providing monthly and quarterly reports to Council for
review. He indicated the deficit accounts need to be eliminated and the number ofiinvestment accounts reduced for easier tracking. He further commented that Council
Member Broussard Vickers and others have raised the concern that Staff workloads are
much heavier in comparison to other communities.
Mayor Swedberg indicated that Council needed to determine how to proceed and said
that Council is the steward of the public treasury and the purpose of the accounting
system is to provide thnely and accurate information that can be trusted to be used in
malcir\g policy decisions and to track budgets in order to be able to provide residents with
a clear and accurate picture of who spent the tnoney and on what.
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Council Minutes
.Mayor Swedberg corrected something that was in a memo that came to Council where he
was quoted as saying that in June the auditor's answer was not conclusive. He then
clarified that what he meant to say was that the minutes were not conclusive but it was
conclusive in the audit report.
Mayor Swedberg indicated that Council was being asked at this meeting to draw down
the general fund to eliminate the deficit funds.
Council Member Nelson pointed out a correction in her memo and indicated that the City
is paying the Clerk!freasurer $38,338 without overtime rather than the $42,000 figure
mentioned in the memo. Ms. Bender pointed out that figure is the budgeted amount not
what she is being paid.
Council Member Capra asked whether Council was open to having Staff contact Ms.
Cindy Hobscheid, 7277 Old Mill Road, to provide the requested information concerning
Staff job descriptions and the time required to complete tasks.
Council Member Broussard Vickers indicated Staff could provide her with the job
descriptions if they are available but said she did not want any more Staff time spent on
the matter.
Mayor Swedberg and Council Member Nelson agreed.
Council Member Capra asked whether Staff had a job description that could be
forwarded. Council Member Broussard Vickers indicated that Staff should make Ms.
Hobscheid aware that the job description may not be current.
Council Member Capra clarified her position as outlined in the memo sent to Council.
She then commented she is not in favor of eliminating any staff members but believes
there is a need to restructure the staff and add a person to help out. She then indicated
she would like to see the salaries for the public works person and the budgeted
administrative position be combined to provide a salary for a treasurer's position. She
further commented that she did not feel that it was fair to have asked Ms. Bender to
perform both tasks because she does not think one person can do both jobs justice.
Council Member Capra commented that she did not feel it was possible for the person
working with numbers to be getting up to answer questions at the window at the same
time. She then commented that Council bas an obligation to the taxpayers to make sure
that the funds are tn8naged appropriately and said she is tired of asking Staff if there are
funds to do something and having nothing to show if those funds really are available and
where they would be coming from. She further commented that the GASB34 reporting
would need to be done in 2003 and the City needs to be prepared for that by upgrading
and updating the computer system to provide better financial information and hiring a
treasurer.
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Council Member Capra said she did not feel the City has the luxury of time to send Staff
out for training at this time because the City cannot afford to have anybody out right now
due to being short staffed and she would like to look at bringing someone in for the
treasurer's position.
Council Member Nelson said she feels strongly that the treasurer's position needs to be
filled by someone with a degree in accounting or finance with municipal experience. She
then commented that she feels a treasurer would be able to handle the GASB34 reporting
that the auditor had recommended be outsourced at a cost of $9,000 to $15,000.
Council Member Nelson indicated she would like to use the cost of the outsourcing and
combine the public works position and the administrative position to provide enough of a
salary for the treasurer position. She then commented she would be fine with the City
Administrator's recommendation but said she feels strongly that the treasurer position be
filled with someone with a degree in accounting and municipal experience. She also said
Ms. Bender could qualifY for the City Clerk position.
Council Member Broussard Vickers said she would prefer to address the number one
concern listed by the auditor, the computer system, prior to shifting salaries and positions.
She then indicated she would like to review the Administrator's proposal for positions,
pay within those positions, and who would fill the positions. She also commented that
the auditor had said that current Staff is capable of performing the tasks and the City may
be looking for a Clerk and not a treasurer. She concluded her comments by stating she
did not feel she was ready to make staffing decisions until she had more information.
Mayor Swedberg indicated he had asked City Attorney Hoeft if the City combined the
positions of Clerk and Treasurer by ordinance. City Attorney Hoeft indicated there could
have been an ordinance but said the simple answer is he does not know because it was
not done since he has been with the City.
Mayor Swedberg indicated that the state legislature writes very little about City
Administrators and Treasurers and volumes about City Clerks. He commented that the
auditor bad brought up the issue of segregation of duties. He then explained that the
process for paying claims outlined by the League of Minnesota Cities and the process
used by the City is completely different.
city Attorney Hoeft explained that there are a lot of sma1l cities that have a City Clerk
rather than a whole administrative Staff and that is why the legislature focuses on the
clerk position. He then commented that the Statute states that the position of
clerkltreasurer can be combined or separate and the two positions are not incompatible.
He also noted that the Attorney General has agreed that the same individual can hold the
two offices but said, as a city mature~ those positions tend to separate because of the
overwhelming responsibilities.
Ms. Bender indicated that the City has an account clerk that cuts the checks that are then
signed by the City Administrator and the Mayor.
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Mayor Swedberg commented that Council Member Nelson's memo with the comparison
infonnation from other cities was helpful in pointing out the issue.
Mayor Swedberg commented that he felt Chris Sweeny should remain as the Accountant
IT, but the City needs a higher level accountant or finance director. He then commented
that he does not see Ms. Bender moving to a d1tnini~hed role because the City hires a
treasurer, he feels that doing SQ would free up Ms. Bender for other important projects
such as being the liaison between the City and the residents. He further commented that
he feels it is time to split t4e position so that Staff is not overworked.
Council Member Broussard Vickers indicated she did not disagree that the positions
needed to be separated but said she does not feel Council is ready to make the decision
without the final recommendation :from the City Administrator and the computer
information. She also indicated she would like to have input from the public works
director as to how he feels about eliminating the budgeted position in his department.
Council Member Capra indicated the public works position was budgeted for a person to
work on the instaDment of the Sensus software and, since that is on hold until the
computers are upgraded, there is not a need for a public works person.
Ms. Moore-Sykes cJarified that Staffhad determined that adding another type of software
would only add to the computer issues.
Council Member Capra commented that the City bas been working on implementing the
Sensus software since 1997. She then commented that by combining the two positions in
the budget, which would eliminate one round of benefits, the City could come up with a
high enough salary to be able to afford a degreed accounting professional with municipal
experience and maybe free up enough funds to upgrade the computers.
Ms. Moore-Sykes indicated she would like to keep the position of utility clerk/data entry.
Councll Member Capra indicated that sewer funds could be used to update the utility
billing software. She then said she did not feel the City bad the time to delay or send
Staff out for training. She further commented that, while it would be ideal to have the
Staff cross-trained for aU positions, she feels it is important to move forward with hiring
an accounting professional for the treasmer position.
Mayor Swedberg commented that it would make sense to purchase accounting software
that would allow n,anagement to access financial reports.
Council Member Nelson indicated that the auditor had based his recommendation on
whether Staff could handle the tasks on being in the office a couple of times per year.
She then commented that, as a Council Member, she bas made an evaluation on that and
feels strongly about having the two positions separate and getting a degreed person in to
do the treasurer's job.
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Council Member Nelson indicated she would like to recommend that Staff do the
organizational chart and come up with numbers and fill the positions.
Council Member Broussard VICkers asked whether Council would review the
information before the positions are posted.
Council Member Nelson indicated she would prefer not to wait two more weeks and said
she feels confident in the ability of the City Administrator to handle the hiring.
Motion bv councn Member Nelwn. seconded bv CouneD Member Capra to direct
the City Administrator to fipalize the oManimtional ehart and. womn!! within
bud2et restraints. fIB the oosItions. The treasurer pOSition minimum reQuirements
are to be a bac~elor's del!ree in aceountin!! 0" fiJI.nce with two vears of municipal
experience and aD current employees would stav at the same pal' !!rade.
Mayor Swedberg suggested a friendly amendment to the motion to indicate that all
current employees would stay at the same pay grade.
The friendly amendment was accepted by Council Member Nelson and Council Member
Capra.
Council Member Travis asked for the names of the positions.
Council Member Nelson indicated that the City Treasurer would be filled by a new
person, the City Clerk would be Ms. Bender, the utility billing person would be Chris
Sweeney, and the receptionist would be Kim Stephan.
Ms. Bender asked if Council could consider that the office clerk position do the minutes
for the committees.
Aves - 4. Navs - 1 (Broussard Vickers). Motion earried.
2. Resolution #02-002. Tom Thumb Food Market Conu>1iance Violations
Ms. Bender indicated she bad spoken with someone from the head office of Tom Thumb
and extended the offer to come to the Council meeting but the offer was declined.
Council Member Capra asked if Tom Thumb had been issued a fine for the last violation.
Ms. Moore-Sykes indicated a fine was not issued for the last violation.
Ms. Bender suggested discussing the matter at the same time as the liquor license
violations.
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Mayor Swedberg indicated he would be happy to include tobacco license holders in the
meeting set to discuss liquor fines.
Ms. Bender indicated . could send letters to the tobacco licensees within the City
inviting them. to the meeting.
Mayor Swedberg thanked Ms. Bender and agreed that the tobacco license holders should
be invited to the meeting.
Council Member Nelson indicated she would like to impose a fine.
City Attorney Hoeft indicated it would be incorrect to treat this as a first offense because,
even though they were not fined, there was a prior offense. lte then indicated that fines
usually range between $300 and $500 for the first offense and rise proportionately with
each additional offense.
ModoD bv CooDdl Member Broussard Vicken. seeoDded by CODDCD Member
Capra to approve Resolu.ioD #02-00Z with a fiDe 015500.00 lor the seeoDd violatioD.
Council Member Nelson commented that she would go higher than that amount but is
fine with the $500.00.
AU iD fayor. MotioD earried uDaDimouslv.
Council Member Broussard Vickers asked that Tom Thumb and the other tobacco
licensees be invited to the discussion on setting fines. '
3. Resolution #02-003. Transferring Funds
Mayor Swedberg indicated this matter bad been discussed at the work session and
explained that the deficit funds needed to be adjusted and approval of this resolution
would draw down the general fund balance to bring these accounts into balance.
Council Member Capra asked if these were the funds that bad a tine item in the budget
called deficit funds. Ms. Bender indicated Council bad expressed a desire to clear up
some of the old deficit accounts.
Mayor Swedberg said he was comfortable with correcting the accounting but would
prefer not to draw down the general fund, if possible.
Council Member Broussard Vickers asked how much money was left in the budget for
deficit accounts. Council Member Nelson indicated that the final amount left in the
budget for the deficit accounts was $2,000.
Council Member Broussard Vickers asked how far above or below the budget.
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Mayor Swedberg indicated that, at the begitming oflast year the general fund was at 46%
and the City wants that to be at 50% because the state is playing games with the city. He
then noted he is worried about drawing down the general fund because the City may not
have enough cash flow to function.
Council Member Broussard Vickers indicated that there bad not been a transfer from
water and sewer for the public works building purchase and commented that should be
done.
Mayor Swedberg indicated that it may be possible to attribute 20 or 25% of the cost of
the purchase of the building to the sewer and water fund and suggested basing the figure
on how the salaries are attributed.
Ms. Bender indicated she would need to research the public works building because a
transfer may have been done.
Council Member Broussard Vickers suggested tabling the matter to allow time for Staff
to research the issues and report back to council.
Council Member Nelson asked if the building would be a 2001 transfer. Ms. Bender
indicated it would be.
Motion bv Couneil Member Brou$S8rd Vieken.. seeonded by Mayor Swedbel'2 to
table this matter for further information. AU in favor. Motion earned
unanimously.
4. Centennial Lakes Police De,partment Priorities
Mayor Swedberg indicated the Police Commission bad asked for Council's priorities for
policing issues within the City. He then asked Council for Members' opinions.
Council Member Nelson indicated that her priority is to offer better coverage with a
decrease in costs, for example, a possible merger with Lino Lakes and an emphasis on
underage drinking and illegal drug use. She then commented she feh that the Police
Commission needed to work within the budget CQnstraints on the salary issue.
Council Member Capra said her number one priority would be street coverage.
Mayor Swedberg indicated one additional officer was hired under a grant program called
COPS. He then indicated that the officer would be sworn in the following evening.
Council Member Broussard Vickers indicated she wondered why the salary difference
was coming up now as opposed to when Council was discussing the proposed budget.
She then commented that she would have thought that the Chief realized there was a
disparity when he did the budget for approval.
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Mayor Swedberg explained that compensation is not oftered by the Chief and said that
the Commission was delayed in providing the salary structure to the Chief.
Council Member Broussard Vickers asked if the dollar amount to be contributed by
Centerville for the Chief and Deputy Cbiefhad been decided.
Mayor Swedberg commented that the new officer that is low cost now through the grant
program would cost more later and needs to be considered when budgeting.
Council Member Broussard Vickers commented that the City could be looking at
$30,000 to $40,000 for this year and noted that union negotiations started this year for
next year's pay.
Council Member Broussard Vickers commented, after hearing the possible needs for the
police force, that the dollar amount could be $75,000 to $100,000. She then said she
would like to support increases for the police department but does not know where the
money would come :from due to budget constraints.
Ms. Moore-Sykes indicated that continued street presence out on Main Street to eHminate
the number of overweight trucks cutting through the City would be helpful. She then
commented that she sees someone pulled over every day in the City.
Mr. Anderson said he feels the Chief and the Deputy Chief would be embarrassed to
discuss a salary increase and would prefer that any money added be given to the street
officers to keep them and stabilize the department.
Council Member Broussard Vickers commented that she would think that all cities'
ability to pay more and more would level out. She then commented that she would love
to give them a raise but does not know how to fund that.
5. Spring Lake Park Lions Fete des Lacs Raffle Proceeds
Ms. Moore-Sykes indicated that the City bad received a donation of $1,913.00 :from the
Spring Lake Park Lions and noted the Lions bad indicated they would like the funds to be
put to~ a city park or sheker.
Council Member Capra commented she had not seen anything in writing but had heard
that there was talk of using some of the gambling funds to build a pavilion.
Council Member Broussard Vickers indicated that the Park and Recreation Commission
thought the money would be put into their budget for the Committee to decide where to
use the funds.
Mayor Swedberg said one of the adjusting entries is $34,000 for the Fete des Lacs
festival and he would like the money from the Lions to be used to defray some of those
costs rather than drawing down the general fund.
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Council Member Capra said she thought the City bad to be careful with the charitable
gambling funds to determine what the money can be used for.
City Attorney Hoeft indicated that this type of donation is an unencumbered donation that
can be used for any City expenditure but noted, as a practical matter, if the City wants to
continue to receive donations from the Lions it may make sense to use the money as
suggested.
Council Member Nelson indicated she would like to see the $1,913.00 be used toward
park programs that are already in the budget to reduce that budget.
Council Member Travis suggested using the funds fur one of the items on the Hst
provided by the Lions.
Council Member Broussard Vickers said she felt Council should give the funds to the
Park and :Recreation Conunission and let them decide how to use them.
Council Member Capra asked whether the Committees needed to come to Council for
approval of expenditures within their budgets. City Attorney Hoeft indicated that the
Committees have the discretion to expend funds that are budgeted to them.
MotioD by CogDcll Member Broussard Vickers. seeoDded by CogDcll Member
Travis to place the $1.913.00 dODatioD received from the LioDS iD the Park aDd
RecreatioD Commission bud2et for determinatioD as to how to use the fuDds.
Council Member Travis asked that the Park and Recreation Commission notify Council
and the Lions as to what the funds would be used fur.
Council Member Broussard Vickers asked that the matter be put on the agenda for the
Park and Recreation Conunission meeting.
Ayes - 4. Nays - 1 eNeIsoD). MotioD carried.
6. League of Minnesota Cities - Website/T)()maip Name Change
Ms. Moore-Sykes indicated that govo:ffice.com has proposed that the City change its
domain name to be consistent with what the other cities have because emails have been
lost because of an incorrect domain name.
Mayor Swedberg commented that doing so would save over $600 per year.
Council Member Capra asked if the website was up and running. Ms. Moore-Sykes
indicated that Statfbad been trained how to use it.
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Ms. Bender indicated there was not an instruction booldet and said there would be a
learning curve but it appears to be very user ftiendly.
Modoa by Mayor SwedbeM. seeoaded by CouDcD Member NehoD to authorize tile
chanlfe of the City's domain Dame as reeommended ~v Staff and to direct Staff to
develop a web use DOner for City emplovees. AU i. favor. Motion carried
unaDlmouslf.
Council Member Nelson asked for clarification on the comments concerning cormnittee
budgets. She then asked whether Council could adjust the budgets for the committees jf
need be. City Attorney Hoeft clarified that Council cannot have them spend money that
bas not been budgeted to them but can decrease the budget jf necessary.
7. Co~on Qf AJ>.POintment of Ms. SlJ7Bnne Seeley
Council Member Broussard Vickers indicated Ms. Seeley attended the last Park and
Recreation Commission meeting and the Commission is in mvor of her appointment.
Motioa bv Council Member Broussard Viek.ers. seconded bv Council Member
Nelson to appoint Suzanne Seeley to the Park aDd Recreation CommissloD. AD iD
favor. MotloD earned aDanimously.
8. CPR C~ Provided ~ Centennial Fire Department
Motlou bv CouDd Member Broussard Vickers. secoaded bv Council Member
Nelsoa to ~v for the cost for Staff to attead the CPR traininlf offered bv the Fire
DepartDleDt.
Council Member Capra asked jf the training would be during the day or evening. Ms.
Moore-Sykes indicated the training would be conducted after work.
Council Member Capra asked jf the City would be paying overtime for Staff to attend the
training. Ms. Moore-Sykes indicated that overtime would not be paid unless Council
decided to make the training mandatory.
Council Member Capra asked about the status of the disaster cards. Ms. Moore-Sykes
indicated that Staff is working on providing the necessary information.
AD ill favo('. Modoa carried uaaDimou~ly.
IX. CONSENT AGENDA
1. The City of Centerville January 24, 2002 through February 13, 2002
Expenditures.
2. Stork Twin City Testing - Class 5 ($120.00) - Pheasant Marsh
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Council Member Capra asked if the payment to Abdo, Abelo, Eick and Meyer is the cost
for the deferred compensation issue. Ms. Bender explained that the amounts included
costs for the deferred compensation and bank reconciliation.
Ms. Bender asked if the Mayor was happy with the change in process concerning
approval of the checks.
Mayor Swedberg indicated he was fine with the process as long as Council, as a whole,
gives approval for payment.
Council Member Capra questioned whether the City was paying the $144,853.75
payment to U.S. Bank Corporation Trust Service twice. It appeared this bill had already
been paid.
Ms. Moore-Sykes indicated that Chris and Teresa had contacted the bank because they
found two original invoices for the same billing and were told that there was a double
payment and one of the checks would be returned to the City. She then indicated that
Staff would be on the lookout for double invoicing on that matter in the future.
Motion bv Couneil Member Broussard Viekers. seconded bv Council Member
Nelson to approve the Consent ARenda as presented. AD in favor. Motion earried
unanimously.
X. COMMITTEE REPORTS
Council Member Travis reported the Pl~mning and Zoning Commission had ~li7ed the
changes to Ordinance #4 and was sending it on to Council for consideration.
Council Member Capra asked whether the ordinance change to allow the garage was
advertised in the paper. Ms. Bender indicated it had been sent to the paper and would be
published next week.
Council Member Nelson indicated she was opposed to the language in the Planning and
Zoning Commission minutes concerning the front set back on lakes and asked for
clarification.
Ms. Moore-Sykes indicated that the discussion was concerning lining up the properties
along the lake shore and indicated she would ask for clarification of the comwent.
Council Member Travis indicated that the party wishing to build a dog kennel in the
industrial park is waiting for approval of Ordinance #4 so that she can proceed with her
plans.
Mayor Swedberg asked how many dogs the kennel would house.
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Council Minutes
Council Member Broussard Vickers clarified that this would be a commercial dog kennel
in the industrial park not a personal kennel She then indicated that the number of dogs
would be determined by what the business would support and the City cannot regulate
that.
Mayor Swedberg indicated he was concerned that the dog kennel may disturb the
adjoining properties in the industrial park.
MOtiOD bf CODneD Member NeIsoD. seeoDded by CO.DeD Member Capra to sdve the
PlaDniDI! and ZoDina <;ommission the directive that wheD reeommeDdiDa a variance
to CouneD thev must ~ the statuto" aualifieatioDs foDowed with aD explanation as
to how the exeention meets ~eh of the q.a~tion8. and to reauire the use of the
findiD2S of fact rol'lD.
Council Member Nelson commented she would like to see the p1anU1ng and Zoning
Commission actually present Council with the explanation of how the situation meets
each of the qualifications.
Council Member Broussard Vickers indicated that there is a findings of filet form that
was never approved by Council and suggested bringing that form back.
Council Member Broussard Vickers asked if Staff bad any variances for the next
meeting. Ms. Bender indicated she did not.
Ms. Moore-Sykes indicated she was responsible, as the staff planner for another city, for
using the findings of filet form to provide information to the Planning Commission and is
willing to do that for Centerville.
Council Member Nelson said she wanted to make the motion as a directive and she feels
strongly about it. She then commented that there had been discussion at the Planning and
Zoning Commission meeting concerning the granting ofvariances that concerned her.
Council Member Capra suggested a :friendly amendment to include the statutory
conditions as suggested by City Attomey Hoeft and to require that the findings of fact
form be used by Staff and the Planning and Zoning Commission.
Aves - 2. Navs - 3 (SweclbeniflravisIBroul88rd Vickers). MotioD fai".
Council Member Broussard Vickers asked Staff to bring back the findings of filet form
for Council approval.
Council Member Broussard Vickers reported the Planning and Zoning Cotrmli~n had
discussed the Committee's role in the City with the realization that the parks are built out
and the Committee will need to shift into ma.intenance mode. She also noted that the
vacancy bad been filled with the appointment of Suzanne Seeley.
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February 13, 2002
Council Minutes
Mayor Swedberg asked Council Member Broussard Vickers to convey to the Committee
that the Committee needs to determine what to do with the skate park because there are
serious concerns there.
Council Member Broussard Vickers indicated that there are funds in the budget for an
attendant at the skate park and the Committee will be looking at the cost of the attertdant
and what types of hours the attendant would be there.
Council Member Nelson noted that the EDC is hosting the Snow Biz event and invited
everyone to participate.
Council MeQJber Capra noted the deadline for nominations for citizen and business of the
year 'and the lifetime achievement award is February 15,2002.
Council Member Capra noted the Cable Commission's annual report was in Council
packets.
XI. ADMINISTRATOR'S REPORT
Ms. Moore-Sykes reported that the W2's bad been completed.
City Attorney Hoeft indicated he bad not received an update from Mr. Heemer in his
office concerning the status of the interest and penalties.
Council.Member Nelson asked at what point the City would make public the deferred
compensation issue.
City Attorney Hoeft indicated that the matter would re~ closed until all the issues are
resolved and would then become public.
Ms. Moore-Sykes indicated that the Police Commission bad asked for a key for the front
door for the meetings to be held at City Hall. Mayor Swedberg indicated that a key was
not necessary because he would be attending the meetings and would open the door.
Ms. Moore-Sykes indicated that Mr. Patzer bad asked her to mention that Staff has
reviewed the preliminary plans for the upgrade to lift station number 1 and Staff has
discussed moving the siren with Xcel and is awaiting a response.
Ms. Bender indicated she was approached by the CSO ftom the Centennial Police
Department whom bad said that it would be easier for the' police department to enforce
ordinances if all three cities bad the same ordinances. '
Council Member Broussard Vickers asked Staff to get more information as to which
ordinances should be combined.
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City Attorney Hoeft indicated he thought that most of the ordinances are very close as
written.
XII.
ADJOURNMENT
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to adioum the February 13.2002 City Council Meetin2 at 10:10 D.m. AU in
favor. Motion earried unanimously.
Transcn~ by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 25 of25
Mayor Tim Swedberg
Council Member Mary Capra
Council Member Mari Nelson
Council Member Linda Broussard Vickers
Council Member Dick Travis
City Administrator Ms. Kim Moore-Sykes
City Clerkffreasurer Ms. Teresa Bender
Centennial Police Chief Joel Heckman
Michael McManus, MN Depart of Public Safety, Alcohol & Gambling, Enforcement
Allen Erickson, MN Depart of Public Safety, Alcohol & Gambling, Application
LlQUIOR LICENSEES:
Mr. Paul Montain, Trio Inn
Mr. Bill Bisek, Kelly's
Mr. Rich DeFoe, Waterworks Beach Club
Mr. Terry Sager, Sager's Liquor
Mr. Ken Vanderbeck, Wise Guy's Pizza
PRESENT:
ABSENT:
STAFF:
GUESTS:
CITY OF CENTERVILLE
CITY COUNCIL WORK SESSION MEETING
FEBRUARY 20, 2002
6:30 p.m.
Chief Heckman: The police department needs at least one workweek for application
processing. The two top problems are Underaae Drinkina and ~.
Mr. McManus: Local laws can be more strict than state laws. Recommend City
Ordinances clarify and define the Minnesota Laws. Recommend the
use of the word "may" instead of "shall and will" in ordinance. Often the
city has an evacuation reauirement included in their ordinance. The
two top problems are Underaae Drinkina and DUI's.
Mr. Erickson: The state gets the application to the city 4-6 weeks in advance of due
date.
Mr. Montain: Concerned about the city "micro manaaina" the liquor establishments.
Does not want the city telling the bars who, when, or where specific
classes are required. Trio uses "bar time" (extra 15 minutes), at 1:00
am no further sale, at 1:15 am off the bar, and at 1:30 out the door.
Mr. DeFoe: Expressed concern about what is the aoal of the ordinance and/or
further restrictions? Concerned about the too strict penalties in the
Plymouth Ordinance. The licensed owner can do all the "righr things
and still end up having something go wrong.
Conclusion: Provide an ordinance that will clarify what is expected in the application
process, the rules required, and the consequences for rule violations.
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City of Centerville
February 27, 2002
Council Minutes
CITY OF CENTERVILLE
CITY COUNCIL MEETING
FEBRUARY 27, 2002
6:30 p.m.
Pursuant to due call and notice thereof: the City of Centerville held their regularly scheduled
meeting on February 27,2002, at City Hall, 1880 Main Street.
PRESENT:
Mayor Tim Swedberg
Council Member Dick Travis
Council Member Mary Capra
Council M .
Council Me
ABSENT: None.
STAFF: City Administrator Ms. Moore-Sykes
City Engineer, Mr. TQm Peterson
City Attorney, Mr. 1m Hoeft
I. CALL TO ORDER
Mayor Swedberg called the February 27, 2002, City Council meeting to order at 6:30
p.rn.
ll. SET AGENDA
Motion by Covncn Member Nelson. seconded by Council Member Broussard
Vickers to aDDrove tile a"enda as Dresented. AD in favor. Motion carried
unanimously.
m. PUBLIC BEARING(S)
1. Ordinance #4
Mayor Swedberg opened the public hearing at 6:33 p.rn.
;
Mayor Swedberg noted that Ordinance 4 regulates building and construction within the
City and indicated the hearing was being held because changes have been proposed and
the hearing will give those concerned an opportunity to speak.
Council Member Nelson pointed out on the top of Ordinance 4, three amended should
have a date of August 22,2001, and four amended should have a date of November 14,
2001.
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Council Minutes
Richard Thompson of 1657 Peltier Lake Drive expressed his concern with the outside
storage provision of Ordinance #4. Specifically, he lives on a Jake and the Ordinance
does not provide an exemption for the outside storage of docks and boat lifts.
Mayor Swedberg asked for clarification of the changes to the Ordinance.
Ms. Moore-Sykes explained the underlined portion is being added and also a sentence
requiring site plan review.
Mr. Thompson inquired as to whether, since the provision is not being changed, it applied
to residential.
Council Member Broussard Vickers indicated that the Ordinance bas been in effect and
does pertain to residential properties.
Mr. Thompson asked Council to add an exemption for boat lifts and docks to the
Ordinance.
Mayor Swedberg indicated Council would take his comments under advisement and
would consider them later in the meeting. He then thanked Mr. Thompson for bringing a
potential issue with the Ordinance to Council's attention.
Council Member Capra asked ifresidents are required to take the docks out of the water
or if it is a preference.
Mr. Thompson explained that ice out in the Spring would tear up the dock and also noted
the permit issued by the St. Paul Water Department requires the docks to be removed.
Mr. Thompson asked for clarification of the C-l designation and indicated he bad been
told the area was a wetland. Council Member Broussard Vickers indicated it is a
wetland. Mayor Swedberg commented that the wetland bas a DNR number.
Mr. Thompson commented that the DNR bad advised him to stop cutting the grass
between the street and the pond because there should be a 75 foot buffer area. He then
asked what ''natural buffer area" meant to the City.
Council Member Broussard Vickers asked Mr. Thompson if the DNR had directed him to
stop mowing the area. Mr. Thompson indicated he was told to stop cutting because
things get blown into the pond.
Mayor Swedberg indicated that natural buffer zone is not defined in the Ordinance. He
then indicated the City would look into the matter.
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Cauncil Minutes
Council Member Broussard Vickers indicated the City does not have a wetland ordinance
at this time but uses the language from the 1991 Wetland Conservation Act in this
ordinance.
Mr. John Watson of 1585 Peltier Lake Drive asked Council to add swim rafts to the
Ordinance.
Mr. Paul Dentz of 1667 Peltier Lake Drive asked Council to add pontoons to the
Ordinance.
Mr. Thompson indicated the DNR told him that pontoons are registered watercraft and
come under the designation of boats but paddleboats and swim rafts come under the
designation of toys and are not licensed.
Modo. by COD.eil Member Broa_1'd Viekers. seeoDded bv CODDeD Member
NeboD to elose tbe DubHe beanDIf. AU iD favor. MotioD carried uDaDimously.
Mayor Swedberg closed the public hearing at 6:47 p.rn.
IV. APPEARANCES/A WARDS
1. Mr. Jerry Lindner. Peltier Lake Association
Mayor Swedberg indicated he had given Mr. Lindner 25 minutes for his presentation and
noted he would cut the presentation off at that point.
Mr. Lindner indicated he was not at the meeting to represent the Peltier Lake Association but
was there on his own behalf to present facts to Council on the ordinance issue.
Mr. Lindner gave an overview ofhis background and education. He then played a videotape
for Council that gave an overview of the ins and outs of slalom waterskiing.
Mr. Lindner indicated he has no intention of having tournaments on the lake and noted the
course is just for practice for him and his fumily. He then indicated his son, who recently
began skiing, qualified for the regional tournament.
Mr. Lindner indicated he is president of the Minnesota Water Ski Association and noted the
Association works to train children to ski.
Mr. Lindner showed a diagram and explained an Accusink system and noted that it sinks to
the bottom when not in use ltlBking the course not visible. He also noted he only needs 1200
feet for the course.
Mayor Swedberg said he would not disagree with anything Mr. Lindner has said, but said the
DNR bas asked the City to provide a 500 foot buffer zone around the island to protect the
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City of Centerville
February 27, 2002
Cow1ciJ Minutes
rookery and move the waterskiing south of the island. He then asked if that was a problem
for Mr. Lindner.
Mr. Lindner indicated it is a problem.
Mr. Lindner indicated he feels he bas been made a victim and publicly defiuned. He then
asked Council to cancel the Peltier Lake restriction ordinance.
Mayor Swedberg thanked him for his presentation and indicated there would be a public
hearing to further discuss the matter.
Councll Member Broussard Vickers indicated she was interested in hearing ideas and options
for how to appease both sides of this issue. She then asked residents to think about the
~er and come to the public hearing prepared to provide alternative ideas and suggestions
rather than simply saying no restrictions.
Mayor Swedberg commented that research is his business and, when reading Dr. Lanyon, he
did not indicate anyone reason why the birds are not successfully nesting. He then
commented the City is trying to figure out what conservative measures can enhance
survivability of the birds.
Councll Member Capra indicated the majority of lakes have restrictions and to have no
restrictions is very unusual. She then said she looks at the issue as the County and the DNR
have asked what the City can do to get the birds to nest. She further commented that she
hopes there is a way to accommodate both sides of the issue.
A member of the audience asked where Lino Lakes fits in. Councll Member Capra indicated
the cities of Centervllle and Lino Lakes need to sign a joint agreement in order to enact the
ordinance.
Shelly Armory of7425 Peltier Lake Drive indicated she had seen the documents claiming
that the herons have depleted in numbers. She then asked if there was information on the
numbers from year to year to see if there truly bas been a noticeable drop in the numbers.
Councll Member Capra indicated the DNR watches the birds and may have information on
the numbers of birds.
Mayor Swedberg indicated the area was not always a colony but was colonized because the
Rice Lake colony failed.
Councll recessed at 7:25 p.rn.
Council reconvened at 7:33 p.rn.
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City of Centerville
February 27,2002
Council Minutes
V. CONSIDERATION OF MINUTES
1. February 13. 2002. CoWlCil Meeting Minutes
COWlCil Member Capra requested the following changes: On Page 13, second to last
paragraph take out the word "secretariaf'. On Page 22 between Jines three and four insert
these sentences: Council Member Capra questioned whether the City was paying the
$144,853.75 payment to U.S. Bank Corporation Trust Service twice. It appeared this bill
had already been paid.
CoUncil Member Nelson asked that the spelling of LeBlanc be corrected.
Mayor Swedberg thanked the recording secretary and said her work was superb.
Motion by Co.ncD Member Nelson. seconded by Council Member Capra to
approve the Febnary 13. 2002 Council Minutes as amended. AU in favor. Motion
carried unanimously.
2. February 20. 2002. COWlCil Work Session Minutes
Council Member Nelson said she was not aware that her notes would serve as minutes for
the meeting.
Motion by Council Member Nelson. seconded by <;ouDcil Member Broussard
Vickers to approve the February 20. 2002 Council Work Session Minutes as
presented. Ayes - 4. Nays - O. Abstain - 1(Travisl. Motion carried.
VI. PETITIONS AND COMPLAINTS
None.
VII. OLD BUSINESS
1. The Shores Water Main Extension
CoWlCil Member Travis asked if there was any new information on this matter.
Council Member Nelson indicated Council had received a letter from the Fire Chief in
support of extending the watermam.
Mayor Swedberg read the letter from the fire chief
COWlCil Member Travis asked ifany information had been received from Mr. DeFoe's
surveyor. Mr. Peterson indicated he had not received any information from Mr. DeFoe's
surveyor.
Page 5 of24
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City of Centerville
February 27,2002
COuncil Minutes
Council Member Nelson commented that this is not the juncture where Council
determines the assessments because there will be a public hearing at that time.
Council Member Broussard Vickers indicated Council needed to determine whether to
order the plans and specifications which costs money and she is concerned that if the
developer do~ not agree with the assessment and challenges it, the City could end up
paying the difference.
Mr. Bruce Lattau of7246 Main Street asked whether the City had considered doing a
feasibility study coming from Peltier Lake Drive rather than along Main Street. He then
conunented that using that route would incorporate 50 or 60 residepts onto City water
rather than only 10 residents if water is run along Main Street.
Mr. Peterson indicated that it was nearly twice as tar to extend the watermain along Pelter
Lake Drive to reach the Shores. He then in<ticated that Peltier Lake Drive will need to be
rebuilt in the upcoming years and the City would look at extending the watermain at that
time. He further indicated that when asked to do a feasibility study his firm determines
the shortest route for the study.
Council Member Capra commented that per lot these assessments are less than the
average that is usually around $8,000. Mr. Peterson agreed that the amounts are a filirly
standard assessment.
Council Member Capra asked if the City had heard any more information from Mound
Trail. Ms. Moore-Sykes indicated she had not heard anything from Mound Trail.
Mr. Lattau asked whether Council would consider doing a feasibility study coming from
the other direction. Mr. Peterson indicated extending along Main Street was
approximately 1600 feet and extending along Peltier Lake Drive would be 3200 feet.
Mr. Lattau indicated he had overheard the developer and the City Engineer discussing the
project after the last meeting. He then expressed concern that the City Engineer was
working with the developer to figw'e out the numbers and questioned whether the City
Engineer is looking out for the interests of the City or the developer.
Mr. Lattau asked for clarification of the conversation he overheard because he felt the
conversation was inappropriate. Mr. Peterson explained that he speaks to the developer
all the time and has to connnunicate with him if the City wants water in the development.
Mr. Lattau commented the developer wants water but none of the other residents do.
Council Member Nelson clarified that the City wants water and the developer does oot
want the water.
Mr. Lattau commented that, if the City wants water, then the City should get as many
residents involved as possible and go the other way.
Page 6 of24
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City of Centerville
February 27, 2002
Council Minutes
Mr. Richard Thompson of 1657 Pehier Lake Drive indicated his first thought was he does
not need water but after reading the St. Paul paper and fjoding out about the potential
contamination of well water he thinks City water may be a nice option. He then asked
when the City intends to repave the street and add water on Pehier Lake Drive.
Mr. Peterson indicated it would be sometime in the next ten years and indicated the
length of time the street can go without reconstructing would be the governing factor.
Mr. Rehbein of 1659 Lakeland Circle indicated Council bas gone around and around on
the numbers and his first thought was that there was no need for water but after hearing
of possible well contamination he can see some benefit to having City water at the
development. He then said he is not opposed to the watermain extension but it comes
down to the money.
Mr. Rehbein indicated he did not feel the numbers thrown around at the last meeting were
justified by the value that is brought to the property. He then indicated he had spoken to
several different reahors and bas determined that anything more than $10,000 per lot for
City water is too high.
Mr. Rehbein indicated he had gone back and reviewed the feasibility study and noted it
says the oversizing costs for the City would be $53,460. He then suggested the City
should pay the $53,460 per the feasibility study, the Main Street residents $4,000 per lot,
the developer $48,000 and DeFoe $48,000. He further indicated that his total costs for
water to each lot would be approximately $11,000 versus the $4,800 for existing
residences. Mr. Rehbein stated he would not contest that type ofasseSSJDent.
Mr. Rehbein indicated he was not trying to be an obstructionist but is trying to come up
with a number that makes sense. He then indicated he had spoken to Mr. DeFoe on the
telephone and characterized the conversation by stating that Mr. DeFoe had said he
needed water less than Mr. Rehbein does and said he would challenge the assessment if
he felt it was unreasonable.
Mr. Dan Skoog of 1613 Pehier Lake Drive indicated he used to serve on the fire
department and noted the department has the advantage of being able to use drop tanks
and water from the area lakes for firefighting making hydrants not as critical as they
would be in other communities. He then indicated that the residents on Peltier Lake
Drive have paid for two roads and he is not interested in paying for a third. He further
commented that he thinks the City needs to evaluate its needs and determine whether
hydrants are needed for the entire City or if they are only necessary in certain areas of the
City.
Mr. Skoog indicated he had sent a letter to City Hall requesting that the City provide
residents with the ability to pay bills by VISA or by direct pay from the bank. He then
indicated he had not had a response from the City.
Page 7 of24
City of Centerville
February 27, 2002
Council Min~
Mayor Swedberg indicated Council had discussed the matter and determined that it is
possible for the City to accept payments electronically. He then asked Staff to look into
setting up a system to do so.
Mr. Frank Zimney, 7252 LaValle Drive indicated he bad spoken with his neighbors and
they bad gotten a letter relative to the hearing tonight and he did not. He then asked
whether he would be assessed again when water comes down LaValle Drive.
City Attorney Hoeft indicated that Mr. Zimney would only be assessed when his property
receives the benefit of water service.
Mr. Zimney inquired as to whether the City had considered the possibility that, with the
widening of County Road 14, some of the benefiting properties may not be there.
Council Member Broussard Vickers indicated the County would be paying for the
property and having water service increases the value of the property.
Mr. Zimney asked whether his property would be reassessed by the County after the
assessment amount is determined. He then asked whether the value of the home would
be increased by $8,000 immediately.
City Attorney Hoeft indicated that the benefit to the property is that the property is more
valuable with City water. He then indicated that, if the County were to take the property,
or if anyone else buys it, the property would be worth the additional benefit provided by
City water.
Council Member Capra asked whether the County Assessor would be adding the $8,000
to the assessed value of the property for tax pwposes. City Attorney Hoeft indicated he
did not want to speak for the County but said it would be possible.
Mayor Swedberg indicated the City is on a four-year cycle for assessments and it is
possible it could be up to three years before the assessment would affect the value of the
property for tax pwposes.
Mr. Zimney asked if the lots at the Shores would be required to pay hook up fees in
addition to the assessment. Mr. Peterson indicated the lots at the Shores would be
required to pay hook up fees.
Mr. Zimney asked whether the total dollar amount for the project was raised by $20,000
in order to push the water under the culvert under the Jake. Mr. Peterson ~ that
part of the reason was because of the need to bring the water under the culvert.
Mr. Zimney indicated the extra costs benefit the Shores. Mr. Peterson ~ there are
always obstructions when you have to jack underneath a road not just with the culvert.
He also indicated that running the water under the culvert benefits Waterworks and the
other DeFoe property not just the Shores.
Page 8 of24
City of Centerville
Febnuuy 27, 2002
Cooncil Minutes
Mr. Zimney commented that it looks like the extra costs can be attnooted to the
properties from Pehier to the west. Mr. Peterson indicated the $20,000 was not just for
bringing water under the culverts but for the additional costs associated with the need to
dewater during the directional drilling.
Mayor Swedberg asked whether Staffwas prepared to discuss water priorities for the
City.
Mr. Palzer indicated most of the priority items would be explained in the report otherwise
it is a political decision as to the importance of who gets water first. He then indicated
that the cheapest way for the City to provide water to the residents is when development
occurs.
Council Member Capra indicated she would like to review past issues with Peltier Lake
Drive. Mr. Pah.er noted residents did not pay anything for the road because it came out
of the general fund.
Council Member Nelson said she feels confident that either cost estimate six 6 or 7 shows
proper benefit to the owners and she is in :favor of the project proceeding.
Mayor Swedberg asked City Engineer Peterson the approximate cost of preparing the
plans. Mr. Peterson indicated the preparation of the plans would cost approximately
$15,000. He then noted that, once the plans have been prepared, the plans can be used at
any time if this project does not proceed at this time.
Motion by Council Member Nelson. seconded by Council Member Capra to
approve ReSolution 02-004 as presented.
Ms. Moore-Sykes indicated this was a housekeeping matter because Council bad
previously accepted the feaSJ.'bility study by motion.
Mayor Swedberg asked why Mr. Rehbein bad said he was not using 429 financing but the
Resolution says 429 financing will be used.
Mr. Rehbein explained that private financing would be used for developing the Shores
but the City is using 429 to get water to the property.
Council Member Travis said he bad mixed feelings because he feels the City could
potentially get stuck with the bill for this if Mr. Rehbein and Mr. DeFoe were to contest
the assessment and win.
Ayes - 2 (Nelson/Capra). NayS - 2 (Swedber2ffravis). Abstaia -1 (Broussard
Vickers). Motion failed.
City Attorney Hoeft clarified that the motion did not pass.
Page 9 of24
City of Centerville
February 27, 2002
Council Minutes
Council Member Nelson indicated Council had already approved the feasibility study by
motion at a previous meeting.
City Attorney Hoeft clarified that Council would not be committing to anything by
approving Resolution 02-004 and noted it is merely a housekeeping item previously
approved by motion and the 429 process requires approval by resolution.
City Attorney Hoeft suggested Council should approve the feasibility study because the
City bad paid for it.
Motion by Council Member Nelson. seconded by Council Member Capra to
approve Resolution 01-004 as presented. Ayes - 4. Nays - 1 (Swedbel'2). Motion
earried.
Motion by Council Member Nelson. seconded by Council Member Capra to
approve Resolution 01-005 as presented.
Council Member Travis indicated he bad reservations about proceeding with the project
because he is concerned that the assessments would be challenged. He then commented
that without water the subdivision would still move forward.
Council Member Nelson indicated she would not vote to approve the project without the
water.
Mr. Rehbein said he would be curious as to what legal grounds Council could use to stop
the development because the development meets all the requirements and he is not asking
for a rezoning.
city Attorney Hoeft indicated Mr. Rehbein was correct and noted the project, as tar as
the recorded plat, is essentially done and needs no further internal approvals.
Council Member Travis asked why the property was being discussed in terms of 10 lots
and the assessment being challenged because it is too high for the 10 lots. City Attorney
Hoeft clarified that the assessment is a benefit to the total piece of property but said in
order to get an idea as to whether the assessment is appropriate the costs were broken
down by the 10 lots, as proposed for the development, to determine a per lot cost.
Council Member Broussard Vickers asked if the City has to consider the developer's
internal costs when assessing and determining the benefit to the property.
City Attorney Hoeft indicated that the City needs to look at the benefit to the property
and looking at the costs of the project gives a guideline to determine total costs for the
project. He then noted that providing water to Mr. Rehbein's property provides a benefit
to that property. He also noted that part of the consideration is to determine how much it
Page 10 of24
City of Centerville
February 27, 2002
Council Minutes
would cost to develop the property both before and after water is aYailable and noted the
City could hire an appraiser to determine that number.
Council Member Nelson asked if someone cballenges the benefit to the property and the
judge rnled that the benefit to the property was less than what the City was assessing does
, the City pay for the remaining costs. City Attorney Hoeft indicated that, if no appeals
were :filed, the City would be required to pay the remaining costs.
Council Member Capra asked if: for instance, Mr. Rehbein does not agree to $60,000 and
cballenges the assessment would the judge ever say he bad to pay no assessment. City
Attorney Hoeft indicated that there is a benefit to the property and Mr. Rehbein
understands that but the value of the benefit is in question.
Council Member Capra asked whether the City would be able to use funds out of the
water fund to cover any remaining costs resulting ftom a cballenged assessment. City
Attorney Hoeft indicated. the City had options for where to recoup those dollars.
City Attorney Hoeft indicated he was not an appraiser but said be feels $4000 as an
assessed value to the properties could be sustained, if cballenged. He then said it may be
possible for Mr. Rehbein to challenge a per lot cost of$10,OOO or more. He further stated
that, at this point, it is a political decision for the City as to whether or not to proceed
with the project.
Council Member Travis asked how much money was in the Lakeland HilJs account paid
by the developer for future water expansion. Ms. Moore-Sykes indicated there was
$50,000 in the LakeJand Hills account.
Mayor Swedberg said he thought the LakeJand Hills account was one of the accounts
showing negative numbers. Ms. Moore-Sykes indicated she would look into the matter.
Council Member Travis commented that he thinks the City should take advantage of
getting water to the area by utilizing the developer and the funds in the LakeJand Hills
account but he said he does not fuel the taxpayers of the City should have to pay if
assessments are chaJlenged.
Mr. Rehbein indicated he wants to work with the City to come up with numbers that
make economic sense.
Aves - 4~ Navs - USwedbel'2). MOtiOD carried.
Mayor Swedberg noted the City would be expending dollars for plans and specifications
on the project.
City Attorney Hoeft indicated the plans and specifications would be prepared and the
City Engineer would come back before Council with the plans before putting it out to bid.
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Council Minutes
Council recessed at 8:35 p.m
Council reconvened at 8:41 p.m
2. Eagle Pass till Addition
Ms. Moore-Sykes indicated she was researching whether the sewer charges were paid for
the full parcel when Phase I was built out. She then indicated she needed to speak to Mr.
Quigley who is unavailable until March 7, 2002.
Council Member Travis suggested reviewing the Developer's Agreement because it
should indicate what sewer charges were paid.
Ms. Moore-Sykes indicated the amounts of the checks she has located do not match the
Developer's Agreement and she needs to speak to Mr. Quigley for clarification.
Motion by Council Member Broussard Vieken. seconded by CouneR Member
CaD'" to table this matter for ftarther information. All in favor. Motion carried
unaaimousty.
3. Work Plan Water Inftastruc~
Mayor Swedberg asked if Council could get a simple map that shows where water needs
to be put in. Mr. Peterson handed out a City base map showing all the watermams.
Mayor Swedberg asked for a ballpark number per foot for water. Mr. Peterson indicated
the numbers vary depending on the size of the pipe but estimated a cost of$50.00 to
$75.00 per foot for watermain. He then noted that estimate did not take into
consideration any sur18ce restoration.
Mayor Swedberg asked ifit was possible to save money by ronning the water next to the
road rather than underneath it. Mr. Peterson explained that there is a standard location
for the various utilities and changing the system interferes with the other utilities.
Mayor Swedberg asked whether the City should plan to fund a certain amount of water
each year without having to assess to pay for it.
Council Member Broussard Vickers indicated the City cannot fund paying off debt and
she is not sure how the City can avoid assessing people. She then commented that she
feels the way water has been done in the past is the most efficient but the City is nearing
the end of development and needs to determine how to fund the rest of its watermain
expansion.
Council Member Nelson said she feels all of the people that already have water were
assessed in one way or another for water, either when they bought their property or when
water came down their street, and she does not want to pay for someone else's water.
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February 27, 2002
Council Minutes
Council Member Broussard Vickers indicated that all users of the City's water system
benefit by adding other areas to the system because looping the system improves the
system.
Council Member Travis commented that the City may not have to build another water
tower if it opted not to run water to all those that currently do not have it.
Council Member Broussard Vickers indicated the biggest challenge for the City is
determining a fuir assessment and figuring out a way to fund the rest of the project. She
then indicated that priorities fur the water system should be suggested but she did not see
the need to order a formal study at this time.
Mr. Peterson reminded Council that the water interconnect with Lino Lakes was to be a
six year agreement and noted the City may need to build the second water tower if
required to disconnect from that water line.
Council Member Travis suggested approaching Lino Lakes to see if they would have an
issue with extending the deadline for disconnecting.
Council Member Capra indicated Hugo would be using water from Lino Lakes for a new
development and Lino Lakes had said it wants Hugo to be able to provide water to future
developments.
Council directed Staff to inquire into whether or not there is pressure to disconnect from
the water interconnect.
Council Member Travis pointed out that Centerville paid the $50,000 or $60,000 for the
interconnect.
4. Resolution 02-003 Transferring Funds
Ms. Moore-Sykes indicated she had been researching the deficit accounts for information
as to how or why the accounts ended up in the current state. She then explained that one
developer went bankru~ in the past assessments were based on the engineer's estimates,
those estimates have been low, and the City bas to make up the difference.
Ms. Moore-Sykes explained that when the assessments were made when doing the
calculations City Staff counted on future interest because they thought more residents
would not be able to pay the assessment offup front and would have to pay over time
with interest and that has not happened.
Mayor Swedberg asked whether any of the projects with deficits had letters of credit that
could be tapped.
city Attorney Hoeft indicated the letter of credit is sometimes only for improvements and
other times during 429 financing it is to cover the costs of the infrastructure.
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February 27, 2002
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Mayor Swedberg said going forward he does not want to run into situations where the
City is having to take tholL'UUlds of dollars out of the general fund to cover overages.
City Attorney Hoeft indicated that, from a legal standpoint, development contracts now
require security of 1500,4 which should take care of this issue. He then noted that was not
done in the past.
Mayor Swedberg asked whether the City Engineer is made aware that a project is
reaching the estimated amount ~ if so, does the City Engineer noillY the City that the
budgeted amount may be exceeded.
Mr. Peterson indicated the assessment hearing is held after completion of the project so
the costs are known. He then indicated that if something is going over he would be made
aware and further noted that he builds in 100,4 for cost overages.
Mayor Swedberg noted that the deficit account overstates that the City bas more money
than it really does.
Council Member Nelson indicated the bills have already been paid but the books do not
accurately reflect where the money is. She then commented when she first looked at the
books it appeared to her the City bad more money than it does because reconciliations
need to be made.
Mayor Swedberg indicated he would prefer to resolve the deficit accounts through the
budget rather than by drawing down the general fund.
Council Member Travis asked whether the developments named as deficit accounts had
upsizing and, if so, whether the funds had been credited. He then asked how these
accounts get into the red.
Mr. PaJzer indicated he was not sure if aU the projects were credited from the water and
sewer funds. He then commented there were some projects that came in under estimates.
Mayor Swedberg indicated that, if records exist, it would be valid to transfer funds from
the water and sewer fund to balance out the deficit account.
Council Member Nelson indicated she had requested to find out whether or not a portion
of the public works blli1d~ was funded through the sewer and water fund. She then
asked whether Statfwas able to veriiY whether or not a transfer bad been made. She
further conunented that it would seem appropriate to justify the cost of the buiJdiug with
the same formula used for salaries from the sewer and water fund.
Ms. Moore-Sykes indicated she would ask Ms. Bender to e-mail the information
. concerning the public works mcility to Council.
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Council Member Capra indicated she would like the auditor to explain, in layman's
terms, where the City can take the funds to clean up the ~unts.
Council Member Nelson indicated the funds needed to come out of the general fund.
Council Member Broussard Vickers indicated she was not sure where to move the money
from. She then indicated she would like to support Staff's request to wait until after the
audit and asked Staff to gather further information on the deficit accounts while waiting
for the results of the audit.
Council Member Nelson noted if the funds are moved from the general fund the City
would need to reduce expenditures to cover it because the reserve amount for the general
:fund is not appropriate.
Mayor Swedberg said the City cannot keep the 2001 books open indefinitely.
Council Member Nelson indicated that adjustments can be made in the prior year until
the audit is finished.
Council Member Broussard Vickers indicated that the capital expenditure funds should
not to be spent if the intent is to use those monies to clear the books.
Mayor Swedberg said he would feel comfortable if Ms. Moore-Sykes guarantees Council
that money will not be spent in those accounts.
Ms. Moore-Sykes indicated she would need Council approval for expenditures.
Council Member Nelson indicated she does not want to use the capital improvement
funds until after the TIF situation and the deferred compensation situation have been
resolved.
Council Member Broussard Vickers asked Staff to gather information concerning the
deficit funds and determine whether there was a transfer from the water and sewer fund
for the public works facility.
Council Member Nelson asked if the audit would take place in March.
Ms. Moore-Sykes indicated the audit would take place in April.
Council Member Nelson indicated she does not want to wait until June to clear these
issues up and said the auditor may be able to give answers on issues to begin cleanup
some time in the next month.
Mayor Swedberg indicated there is some urgency with this matter because as the City
proceeds further into the budget cycle fewer choices are available for reconciliation of the
deficit accounts.
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Council Member Nelson asked Staff to provide the exact amounts of the deficit funds so
Council will know where the City is on the matter.
vm. NEW BUSINESS
1. Resolution #02-004 Ordering Pre.paration ofF~biJity Study - The Shores
This item was heard under The Shores watermain extension discussion.
2. Resolution #02-005 Ordering TJ.WMvement and Pre.paration of Plans - The Shores
This item was heard under The Shores watermain extension discussion.
3. Joel McPhersoJ!.. Public Works - Successful CODlPletionofFirst Year of
EDlPloyment with the City of Centerville
Ms. Moore-Sykes indicated Mr. Palzer had done a performance evaluation and it was
satisfuctory. She then indicated this matter is a request to proceed to the next pay level
per the union contract.
Motion by Council Member Capra. seconded by CouDeil Member NelsoD to
authorize aD increase for Mr. MePhenon per the union contract. AD in favor.
MotioD earried uDaDimously.
4. Ordinance #4 A1nendq1ents
Mayor Swedberg said he would like to sit with the P~nning and Zoning Commi~n to
discuss the volume of changes to the Ordinance.
Council Member Nelson indicated she had questions concerning the changes.
Mayor Swedberg indicated he would like to know why the changes are being made rather
than just looking at a strikeout and noted an explanation would have been more helpful.
Council Member Broussard Vickers indicated that most of the changes involve
clarification and said most of the language in the connnercial and industrial sections
came from Mr. Palzer.
Mr. PaJzer indicated that some of the items used to be in the old Ordinance #4 but were
left out and he is recommending including the language again.
Mayor Swedberg indicated he was not sure what was being fixed and why it was being
fixed and would like more of an explanation.
Page 16of24
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February 27, 2002
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Mr. Palzer indicated corner lots, in the previous ordinance~ had two front yards and two
side yards but no rear yard. He then indicated the shed requirements were based on a
percentage of the rear yard but corner lots had no rear yard. He further indicated the
numbers in the ordinance cJariiY and address that type of situation.
Mr. PaJzer indicated the Ordinance is hard to enforce when it conflicts upon itself and
Staff is not sure which requirement is the more stringent requirement.
Council Member Broussard Vickers indicated she was not interested in going back to
P~ing and Zoning on this Ordinance because that would further hold up the changes
and there are people waiting for the changes in order to proceed with their projects. She
then indicated that either she or Council Member Travis should be able to explain the
intent OfPl3Jlning and Zoning with regard to questions Council may have.
Council Member Capra asked whether adding a provision concerning boats and docks
could be added to the Ordinance tonight without starting the process over. City Attorney
Hoeft indicated that making a substantive change to the Ordinance would mean starting
over.
Council Member Broussard Vickers suggested holding that change to the next set of
amendments to the Ordinance.
City Attorney Hoeft indicated Council could pass any portion of the Ordinance or none of
it but said that the issue of storage of boats and docks will not be an issue again until next
winter.
Council Member Broussard Vickers asked ifthere was a list of changes to the Ordinance.
Ms. Moore-Sykes iOOicated a list was not provided to Council with the Ordinance
changes.
Council Member Broussard Vickers indicated ~ in the future, a master sheet would be
more helpful.
Council Member Broussard Vickers asked if the amended date is the date published or
the date voted on.
City Attorney Hoeft indicated that the City needed to decide which date to use and be
consistent, He then recommended using the effective date and noted the changes are
effective after the date of publishing.
Council Member Bro~ Vickers asked Staff to verifY the effective dates on the
Ordinance.
Council Member Nelson indicated the first change is to allow nonconforming structures
for 12 months rather than 6 months.
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FebruaJy 27, 2002
Council Minutes
Council Member Broussard Vickers noted that change was to be consistent with state
Jaw.
Council Member Broussard Vickers on Page 19 pointed out a corrected double negative.
Council Member Broussard Vickers noted the change on Page 20 changed the word
minimum to maximum. The Change on Page 20 makes a change to include all buildings
in the site review process. The new language allows time for publishing and staff review
of the site plan.
Council Member Broussard Vickers on Page 21, it is double worded so the language
except during inclement weather approved in the fee structure is struck out.
Ms. Moore-Sykes asked that the second version of the language be left in because it
included the escrow language in it.
Council Member Broussard Vickers indicated that Page 26 starts the addition of the
commercial and industrial information that Mr. Palzer had asked to have added back into
the Ordinance to help with enforcement.
Mayor Swedberg pointed out that the added language refers to Section 36 for off street
parking and he does not find a Section 36. He then asked Staff to double check to make
sure the sections were properly referenced.
Council Member Broussard Vickers asked if a table of contents was available. Ms.
Moore-Sykes indicated there was not a table of contents available at this point.
Council Member Nelson asked why this language needed to be added to the Ordinance.
Mr. Pa1zer indicated Council would need to take that up with Planning and Zoning.
Council Member Broussard Vickers indicated this wording was presented by Mr. Pa1zer
and the Planning and Zoning Commission thought it seemed reasonable.
Mr. Palzer indicated the language was in Ordinance #4 but was accidentally elimin3ted.
Council Member Broussard Vickers said she felt the language was inadvertently left out
and noted there was no concern at Planning and Zoning as to whether it needed to be in
the Ordinance because it was based on Staff recommendation based on problems with
enforcement.
Council Member Capra noted a lot of the language is the same as what is in the
residential part of the Ordinance. She then indicated she did not see anything that was
confusing even thought it seems duplicative. She further indicated that Mr. Palzer bad
presented the language to assist with enforcement and she does not have an issue with it.
Page 18 of24
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City of Centerville
February 27, 2002
Council Minutes
Mayor Swedberg asked Mr. Pa1zer how the language concerning refuse on Page 29
would be enforced. Mr. Pa1zer indicated the Health Department and City Council would
determine if an u~ condition existed.
Mayor Swedberg said the language seemed '1luffy". He then asked how Statfintended
to enforce it. City Attorney Hoeft indicated he bad not heard of a jury trial over a refuse
container and said that having the language in the Ordinance establishes a basis to be able
to enforce it.
Council Member Travis confirmed that the sign language was removed because the
language was moved into Ordinance #39, a separate sign ordinance.
Council Member Broussard Vickers indicated there is a separate sign ordinance.
Mayor Swedberg questioned whether the towing company is an allowed usage in a
commercial zoning district.
Ms. Moore-Sykes indicated whether or not the towing company is an allowed usage is a
matter of interpretation.
Mayor Swedberg asked whether the towing company could be considered a salvage
operation if it bas a lot of cars sitting on the lot for an extended time.
Mayor Swedberg indicated his question is whether the towing company is appropriately
sited.
Mr. Patzer indicated he would interpret a salvage operation as an operation that involves
parting out the vehicles and crushing them. He then stated he does not feel the towing
company is a salvage operation.
Council Member Broussard Vickers indicated the Ordinance would need to exclude
towing operations to enforce this.
Mr. Palzer indicated the City has two businesses that tow vehicles and have separate
impound fitcilities in a fenced in area.
Mayor Swedberg indicated he would have no problem with the towing company being in
an industrial area but where it is located in the COJ..lJfnelCW zone it backs opto a
residential area.
Mr. Patzer indicated the City eliminated the special use permits when Ordinance #4 was
created and lost the ability to control this type of issue.
Council Member Broussard Vickers indicated that, based on classes attended that said the
City should not legislate by special use permit but make the wording in the Ordinance
clear, the decision was made to eliminate the use of special use permits.
Page 19 of24
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February 27, 2002
Council Minutes
Mayor Swedberg said he does not think. it is a commercial use.
Council Member Broussard Vickers asked Staff to put docks, boatlift~ swim raft~ and
the towing company on the list for the next batch of Ordinance amendments.
Council Member Broussard Vickers indicated wording was added to allow kenneJs but
the Ordinance does not have a definition of kennel
Mayor Swedberg expressed concern for the number of dogs that would be allowed at the
kennel
Council Member Broussard Vickers indicated that the nuisance and noise ordinances and
the State would govern the SpaCing for the an1mals.
City Attorney Hoeft recommended defining kenneJs in the Ordinance.
Council Member Broussard Vickers noted the animal ordinance bas a definition of kennel
and she suggested looking at the wording.
Council Member NeJson indicated she felt it was appropriate to leave the language
concerning adult oriented businesses on Page 34.
Council Member Broussard Vickers indicated the City bas an adult use ordinance.
Council Member NeJson said she would prefer to leave it in this Ordinance as
clarification.
Mayor Swedberg expressed concern with removing the language concerning the storage
of outside equipment and supplies and then noted there is currently an issue with Mueller
Pipeliners ~ there is not enough screening and Council bas no authority to force
more screening.
Mr. Patzer indicated that storage is addressed in another area in the Ordinance and this
was proposed to cJarUY the matter because Staff currently bas to read three sections to get
the entire intent of the Ordinance. He then pointed out that Section 135 - 140
specifically requires that everything needs to be kept indoors.
Mayor Swedberg asked whether the City could correct the outside storage issue at
Mueller PipeJiners at this time. Mr. Patzer indicated that Council did not require berming
at the site.
Mayor Swedberg indicated he was told that Muener would agree to mound more dirt on
that side to screen the property from residents on the other side. Ms. Moore-Sykes
indicated that she is not certain whether Mueller would be amenable to providing more
screening.
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February 27, 2002
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Council Member Travis indicated that all the equipment would be gone by summer.
City Attorney Hoeft suggested moving the last sentence of the first paragraph concerning
adult oriented businesses to the beginning of the Ordinance for clarification.
Mr. Pa1zer explained that along Peltier Lake there was some concern that ifit was
necessaty to rebuild their homes they would be required to stay back at 75 feet and
neighboring homes would be closer. He then noted this language would allow residents
to go half the distance of the adjoining properties.
Council Member Broussard Vickers noted the shoreJand ordinance could change this
requirement and would be more specific.
Mayor Swedberg indicated the people at Buechler Estates argued this point.
Mr. Pa1zer indicated there was an issue of approving pads on the subdivision and no
specific requirement to build on the pad. City Attorney Hoeft indicated the pads were
drawn to show essentially where the houses would be but noted the only requirement was
a 15O-foot setback. All the homeowners built on the pads and Mr. Buechler built his
house at 150 feet causing the issue.
Council Member Broussard Vickers suggested the City should be more clear on the
requirements of the Wetland Conservation Act and said the City should uphold the
recommendation of the DNR concerning the natural buffer area.
City Attorney Hoeft indicated the natural buffer zone would be defined in the Wetland
Zoning Act.
Mayor Swedberg asked whether the City could control someone from clear cutting all the
trees on their property. He then asked whether someone could cut all but one tree and not
be called a clear cut.
Council Member Broussard Vickers indicated residents could cut down trees if they
wished and noted that she did not consider a lot a woodland. Mr. Patzer indiL'.ated that
every woodland in town has been cut with the exception of Cedar Street Park.
Mr. Patzer indicated that the City ofLino Lakes bas a requirement that any tree that is
larger than four inches, if cut down, a certain number of trees must be replanted.
Council Member Nelson asked why the responsibilities of the Clerk and Building
Inspector were removed on Page 67.
Council Member Broussard Vickers indicated the responsibilities were removed from the
Ordinance because the ZQning ordinance is not an appropriate location for them.
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February 27, 2002
Council Minutes
Council directed Staff to provide only the changed pages and a list of corrections for the
next review of the Ordinance.
Council Member Nelson asked what the information provided by Staffwas because she
did not feel it is a typical bank reconciliation.
Ms. Moore-Sykes indicated that she had provided the information to Council that was
given to her by Staff. She then noted that Staffwas unable to find the $1,000.
Council Member Nelson indicated she would like to see a reconciliation with a beginning
and an ending balance.
IX. CONSENT AGENDA
1. The City ofCenterville February 14,2002 through February 27,2002
Expenditures.
2. Centennial Fire District Expenditures
3. Establish Escrow Requirements for Final Grading/Sod Escrow & Quarterly Water
Fee (Resolution #02-006)
Mayor Swedberg requested that Item 3 be removed for discussion.
Motion by Council Member Capra. seconded by Council Member Nelson to
approve Consent ARenda Items 1 and 2 as presented. AD in favor. Motion carried
unanimously.
Ms. Moore-Sykes indicated this matter came to her attention when Staff taking utility
payments up front were questioned as to why, if a resident uses only a minimum of water,
there is a quarterly fee and a usage charge. She then indicated she would like to clearly
state there is a quarterly fee regardless of usage.
Mayor Swedberg clarified that the City is not changing the fee just clarifying what it is
called.
Ms. Moore-Sykes indicated there has been confusion because residents think if they use a
minimum of water they only have to pay $17.00.
Council Member Broussard Vickers suggested calling the fee a water system
maintenance fee instead of a water usage fee.
Ms. Moore-Sykes indicated the other issue concerns establishing an escrow amount for
landscaping and final grading to ensure that those properties closing in the winter install
the sod and complete the final grade when the weather permits.
Council Member Travis asked if this escrow would be in addition to the sod escrow. Mr.
Patzer indicated the City had eliminated the $800.00 sod escrow. He then indicated he
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February 27, 2002
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feels the $1,500 escrow should cover getting the work done in according with the final
grading plan.
Mayor Swedberg asked if it would be more appropriate to wait until after the changes are
made to Ordinance #4.
Ms. Moore-Sykes indicated there were two properties that needed to close in the next day
or so and she bad agreed to sign a document to allow them to close once the $1,500
escrow payment was provided.
city Attorney Hoeft indicated there was not a problem establishing an escrow and urged
Council to make sure that the escrow is high enough to ensure the project could be
completed. Mr. Pa1zer indicated the developer for Hunter's Crossing bas been requiring
that the homeowner issue a $1,500 check to the developer to make sure the work is
completed and this would be in addition to the $1,500 escrow to the City.
Ms. Moore-Sykes indicated the City currently bas no lever with the contractor and needs
to establish this fee at tonight's meeting.
Council Member Travis ooted the escrow is an incentive to get them to come back.
Motion by Council Member Capra. seconded by Council Member Nelson to
approve Resolution #02-006 with the wordin2 chane:e for the water usa2e fee to be
called a water svstem maintenance fee. All in favor. Motion carried unanimously.
Council Member Travis indicated Council bad been telling residents that the probable
hook up fee for City water would be $1,500. He then indicated he saw a unit connection
fee on the fee schedule of$2,900 and asked what that was for.
Mr. Pa1zer indicated the unit connection charge came from the Mill Road water project
when residents were not assessed and noted it only applied to Mill Road residents.
Council Member Broussard Vickers clarified the City would not be applying this unit
connection charge to new development so the $1,500 is the correct hook up fee.
x. COMMITTEE REPORTS
None.
XI. ADMINISTRATOR'S REPORT
Council Member Nelson indicated she would like to have an update concerning the status
of the personnel policy added under Old Business and continually receive an update at
each Council meeting.
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Council Member Broussard Vickers suggested setting a reasonable time frame for
completion ofthe personnel policy and said she did not need an update at every Council
meeting.
Council Member Nelson indicated she would like the personnel policy completed within
the next three or four months.
Council Member Broussard Vickers asked if that was a reasonable time frame for Stat!.
Ms. Moore-Sykes indicated timing would depend on how the hiring process for the
finance director proceeds.
Council Member Nelson indicated she would like to discuss the exempt status of the
Public Works Director and Finance Director positions at the next Council meeting. She
then asked Staff to add it to the agenda. .
Council Member Nelson indicated that exempt would mean being exempt from premium
overtime pay.
Council Member Nelson indicated she would like information as to how many hours the
Public Works Director spends conducting management activities versus his other tasks.
He then indicated she would like to have Mr. Hoeft's personnel experts evaluate the
lSSUe.
xu. ADJOURNMENT
Modo_ by Co._eil Member Travis. seco_ded by Mayor Swedbel1l to adjo.ra the
February 27. 2002 City Cou_eil Meeti_1! at 10:50 p.m. AU i_ favor. Motion earried
unanimously.
Transcn'bed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 24 of24
( .,
City ofCentervill.e
March 13, 2002
Council Minutes
...,\
CITY OF CENTERVlLLE
CITY COUNCIL MEETING
MARCH 13,2002
6:30 p.m.
Pursuant to due call and notice thereot: the City of Centerville held their regularly scheduled
meeting on March 13, 2002, at City Hall, 1880 Main Street.
PRESENT:
STAFF:
Mayor Tim Swedberg
Council Member Dick Travis
Council Member Mary Capra
Council Member Marl Nelson
CRy~,AR
City Engineer, Mr. Tom Peterson
City Attorney, Mr. run Hoeft
Public Works Director, Mr. Paul Pa1zer
ABSENT:
I. CALL TO ORDER
Mayor Swedberg called the March 13, 2002, City Council meeting to order at 6:30 p.rn.
ll. SET AGENDA
Ms. Moore-Sykes requested that Mr. Charlie Swanson be allowed to address Council
under Awards and Appearances. Mr. Swanson represents Boy Scout Troop 103.
Mayor Swedberg noted an Executive Session would be called after the meeting to discuss
TIP issues and a personnel matter.
Motion by Council Member Nelson. seconded by Council Member Capra to
approve the alleDda as Pre8eDted. AD iD favor. Motion earried unaDimousl.!:.
Ill. PUBLIC BEARING(S)
None.
IV. APPEARANCES/A WARDS
1. Mr. Charlie SwansonlBoy Scouts Reauest
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City of Centerville
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Council Minutes
Mr. Charlie Swanson, 1210 Buckthorn Lane, in Lino Lakes addressed Council and read a
request for funding assistance from Council to Boy Scout Pack 103 due to the drastic
increase in the number of scouts.
Mr. Swanson asked for $500 from the charitable gambling funds received by the City.
Mayor Swedberg indicated he is a scouter and said his son is about to receive his Eagle
Scout badge but said the City cmmot give dollars to any organization. He then
commented that the City could let the scouts use its parking lot for a car wash but could
not give funds.
Council Member Capra indicated she was involved with cub scouts and her troop went
from 50 boys to 90 boys in one year and offered to talk to Mr. Swanson to explain how
her troop was able to creatively fund the larger troop.
Mayor Swedberg suggested sharing equipment with area troops as a cost saving measure.
V. CONSIDERATION OF MINUTES
1. February 27. 2002. Council Meeting Minutes
Council Member Capra asked that the spelling of La Valle Road be corrected on Page 8 of
24.
MotioD b~ Co. Dell Member Nelson. seeoDded bv CO.Deil Member Broussard
Vickers to aODrove the February 27. 2002 CouDeil MiD.tes as amended. AD in
favor. ModoD carried unanimously.
VI. PETITIONS AND COMPLAINTS
None.
VII. OLD BUSINESS
1. Proposed Ordinance #68 - ~o WakelSurf8ce Use of Motorized Watercraft on
Pehier Lake
Mayor Swedberg indicated this would be a public information and public input meeting
to discuss the proposed Ordinance #68. He also noted there would be another
opportunity for residents to speak to the matter at the next Council meeting.
Mayor Swedberg explained that Council is trying to decide if the City should adopt the
ordinance as a conservation method to help the birds stay on the island. He then noted
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March 13, 2002
Council Minutes
that Council is aware that there are two sides to the issue and asked that residents not get
into demming or inflammatory comments.
Rod Kukonen, 647 Kendall Street, Chairman of the Lino Lakes Environmental Board
addressed Council and indicated that the purpose of the Board is to promote, protect and
preserve Lino Lakes natural environment. He then indicated that the Board and passed a
recommendation to enter into the Joint Powers Agreement with the no wake line at the
original southern most line with no sunset clause. The rationale behind that
recommendation came from the Handbook for Environmental Planning which
recommends ~ buffering of 1,000 feet or more for a rookery.
Mr. Kukonen indicated the most important aspect of protecting the rookery is to lessen
human impact. He then cautioned that Council would hear various opinions and asked
that Council give credence to the experts and their recommendations.
Mr. Jerry Lindner indicated he was present representing the Peltier Lake Association and
then presented the recommendation of the Association to Council noting the Association
bad met on March 4, 2002 to discuss and determine the recommendation.
Mr. Lindner indicated the recommendation of the Association is for a no wake zone
either north of the existing bog poles or north of a line starting from the west shore, an
east/west line 100 feet south of the southern most tip of the island, running east to the
southeast tip of the island, angling to the northeast to a position north of Ron Marier's
fence line.
Mr. Lindner then presented a document that he read to Council outlining his position on
Ordinance #68.l
Council Member Capra asked if the map received from Anoka County accurately
represents the location of the bog poles.
Mr. Lindner finished his presentation by asking Council to carefully consider all the facts
before making a decision.
Council Member Broussard Vickers asked how long the island is. Mr. leBlanc indicated
the is1an4 is 3,643 feet long.
Mr. Ron Marier, 1801 Peltier Lake Drive, addressed Council and indicated that he
realized the need for a no wake zone to protect the sensitive environment at the north end
of the Lake. Mr. Marier indicated there are two focuses for protection the first is the
herons and the second is the aquatic vegetation.
Mr. Marier acknowledged that a no wake zone would impact his use ofhis Jake frontage
but he agrees with imposing one to protect the rookery and the aquatic plants.
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Council Minutes
Mr. Charles Johnson the Aquatic Biologist for Rice Creek Watershed asked if CO\UlCil
had any questions about the letter he submitted.
Council Member Nelson indicated she bad read that Rice Creek Watershed would
recommend the second alternative but feels the first suggestion is the best protection.
She then asked ifher interpretation of the letter was correct.
Mr. Johnson indicated that Rice Creek Watershed deals strictly with water quality and not
with the birds. He then indicated that Council Member Nelson's interpretation of the
letter was correct.
Council Member Broussard Vickers connnented that the letter had said that high-speed
boating reintroduces and increases algae blooms.
Council Member Capra commented that the lake is a shallow Jake.
Mr. Johnson indicated the water in the north basin is clear and the water in the south
basin is mineral rich and is dominated by algae growth during the summer months.
Council Member Capra asked where the difference in water quality begins.
Mr. Johnson indicated he has not been into the north end of the lake but it would be his
opinion that the water quality change happens where the main flow comes in.
Council Member Capra indicated that Peltier Lake and Centerville Lake have a poor
water quality and St. Paul Water Utility will not/take the water. She then asked whether
more vegetation would help the health of the water. Mr. Johnson indicated that healthier
vegetation would help the health of the water.
Ms. Moore-Sykes commented that Council bad heard that high-speed boats help
oxygenate the water and asked whether that was true or false. Mr. Johnson indicated that
the aquatic plants produce plenty of oxygen and noted the negative effect on aquatic
plants counters any positive oxygenating impact produced by the high-speed boats.
Mr. LeBlanc, 1677 Peltier Lake Drive, provided handouts showing various images to
Council The first image showed the southern half of the Jake in a large algae bloom. He
then commented that the aquatic plants act as a large filter and damage byhigh..speed
boating causes problems for those plants which can impact the fish that need the plants to
Jay eggs on.
Mr. LeBlanc comtnented that the Jake needs protection from people other than those that
live along it. He further stated that someone who is not aware of the sensitive nature of
the area could cause a lot of damage and the no wake zone would make it clear to all that
the area needs to be protected.
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City of Centerville
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Council Minutes
Mr. LeBlanc showed an image depicting the ski track on the Jake and pointed out the
damage to the pJants.
Mr. LeBlanc indicated the herons were back in 2001 and seemed to be doing okay when
some activity began causing the birds to leave. He then commented that the Lake
Association would like the no wake zone at the bog poles but most people agree with the
line 200 feet south of the island.
Mr. LeBlanc indicated he felt the aquatic plants should make this a permanent ordinance
in order to avoid losing the herol1$ and to avoid the risk of damage to the filter for the
lake as well as to preserve wildlife and rare plants.
Council Member Nelson asked where Mr. LeBlanc would like the no wake line to be
located. Mr. LeBlanc indicated he would like the no wake line to be located 200 feet
south of the island.
Ms. Liz Wegner, 1525 Peltier Lake Drive, addressed Council and indicated that she and
her husband feel a no wake zone north of the bog poles should be approved. She then
commented that several of the experts' opinions bad commented that the area north of the
island is in need of protection and a no wake line at the bog poles would do that.
Ms. Wegner indicated that she, Mr. Perry and Ms. Galli had reached an agreement after
the meeting that the bog poles would be a good location and Ms. Galli had called her the
following morning to indicate she had changed her mind. She then commented that she
would like to see the island returned to what it was when the herons were nesting there
and posting signs on the bog poles would be more natural than using buoys to designate
the no wake area.
Mr. Glen Fox, 7124 Progress Road, indicated he uses the lakes for ilShil\g, canoeing, and
nature viewing. He then commented he had done a search on the internet on nest
abandonment and after reviewing several of the sites determined the main impact was
human encroachment into the nesting area. He then clarified that the nest abandonment
research was not specific to herons and egrets.
Mr. Fox indicated that the herons and egrets use the lake as a feeding area as well as
wood ducks, maUards, and blue wing teals. He then noted that game :fish use the north
end of the Jake as a nursery and explained that during his internship with the DNR fishery
when testing for :fish nmnbers the shallow weedy parts of the Jakes is where they took
their numbers not the main body of the lake.
Mr. Fox indicated the macrophytes playa crucial role in filtration of the water in the lake.
He then indicated that the phosphorus levels get locked up in the sediment on the bottom
but when stirred up become available and the algae use that for large algae blooms.
Mr. Fox indicated he would like to see Council use the 200 foot buffer off the south side
of the island because the bog poles are up into the active nesting part of the rookery. He
Page 5 of21
City of Centerville
March 13, 2002
Council Minutes
then commented that by working together the Jake cat'1 be protected and can be enjoyed
by an citizens.
Ms. Amy Donlin, a resident of Lino Lakes indicated her &ther is Art Hawkins and he
could not attend the meeting. She then read a letter he had written for Council expressing
his support of the no wake ordinance to protect the island and the north arm of the Jake.
Ms. Donlin indicated she is on the Environmental Board in Lino Lakes and has been
working on the Ordinance. She then said that herons do not care abut research and
graphs all they care about is that Lino Lakes and Centerville and Peltier island are
compatible and they are living with the eagles and nesting in harmony. She then said she
thinks the City should use the experts and take heed of their advice.
Ms. Donlin indicated she feels a sunset clause is a ridiculous idea and said she is not
ashamed to say she feels the 400 foot setback is very appropriate when you consider the
pounding the island takes from the wakes of boats.
Council Member Capra said she believes that it is not legal to attach a sunset provision to
an ordinance and noted the matter is under investigation.
Ms. Shelly Farmerie, 7425 Pekier Lake Drive, indicated she is a software engineer for a
medical company and has learned to become very fuctua1 and she would like to see
numbers and charts outlining the decline of the birds or decrease in water quality due to
boating. She then commented she has many questions and no answers.
Ms. Farmerie indicated that the bog poles are already in position so it would be
economical to use them and the maintenance of those bog poles would be easier than that
of buoys. She then indicated that buoys are unsightly for those Jake owners that have to
look at them every day. She further expressed concern that the angle of the proposed no
wake line concerns her because of possible interaction of high-speed boats with
swimmers closer to shore.
Ms. Farmerie indicated that the Lake Association held a meeting and those in attendance
worked together to come up with a recommendation to present to Council. She then said
she feels the options presented are good ones and she does not feel the rookery is failing
for any one reason and asked Council to consider the proposal of the Lake Association.
Ms. Coral Wilkens, 7231 Mill Road, indicated she uses the lake for water-skiing and has
been a competitive skier for 19 years. She then said that the American Water Ski
Association as well as the Minnesota Water Ski Association bas always strived to use the
lakes in a responsible manner. She then commented that high-speed boaters have been
targeted as the group to blame for what is happening out at the rookery but she feels
having a no wake zone will not end the human encroachment at the rookery. She further
commented that she feels Council should take the summer to conduct a study to identify
the true cause of the fililing at the rookery.
Page 60f21
City of Centerville
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Council Minutes
Mr. Richard Thompson, 1657 Peltier Lake Drive, connnented that he lives adjacent to the
lake and said he hunts a little, fishes a little, skis a little and bas a jet ski. He then said he
bas seen just about every type of activity out on the lake making it an ecosystem that
includes human activity. He then said he recently heard that the lake owners on upper
Red Lake are being blamed for fishing out the walleye population and, if the herons leave
the island, people will blame those that live around the lake.
Mr. Thompson said he thinks it is strange that the City of St. Paul will not take water
from Centerville. He then commented that the water used to be clear but bas not been
clear for a long time. He further commented he feels the DNR and Anoka County should
commit to fonow up with a study on whether or not the no wake zone is working to
protect the north end of the lake once it is implemented.
Mr. Thompson indicated that lake shore residents have responsibilities to pick up and
maintain the lake and the Association has done so by replacing buoys and cleaning up
debris on the ice so that it does not end up in the lake.
Mr. George Burr, 1693 Peltier Lake Drive, cbaJIenged Council to determine the least
amount of restriction that will protect the lake and allow humans to enjoy it. He further
stated that God put people here to ~oy the earth and they have a right to use and enjoy
the lake and he hopes Council's decision reflects the least amount of restriction on people
and the least restriction on activities.
Mr. Watson, 1585 Peltier Lake Drive, said he hopes that Council takes into account the
tact that there bas been a lot of expertise thrown around and people with titles have
provided opinions but very little filets have been presented. He then asked Council to
limit restrictions to the minimum possible to protect the Jake.
Ms. Joan Galli, DNR Nongame Wlldlife Specialist, indicated she has worked as the
nongame wildlife specialist for 20 years in the seven county metro area. She then
indicated that the DNR bas long term history on herons and eagles in the Rice Creek
Chain dating back to 1945 if anyone wishes to access it. She further indicated that the
DNR bas employed Mr. Art Hawkins to monitor heron and egret activity on Peltier Lake
in an attempt to determine why the rookery failed in the previous years.
Ms. Galli indicated that the DNR, along with the task force, would like to give the birds a
chance to successfully nest in 2002 by instituting this no wake zone. She then
commented that the DNR is comfortable with the options presented for the no wake zone
and has funding available to continue to monitor the rookery and watch other wildlife on
the isJand.
Ms. Galli indicated that the birds living on Peltier Island are wen maonered birds because
the herons, egrets and eagles are living in harmony. She then explained that the DNR had
representatives climb into an eagle's nest to search for evidence of predation but found
none. She then cautioned that the ordinances for Lino Lakes and Centerville ~ to be
the same in order to be effective and able. to be enforced.
Page 70f21
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March 13, 2002
Council Minutes
Ms. Galli indicated the DNR is looking at every human disturbance identified on the Jake
and intends to take action. Mosquito Control bas been notified not to encroach into the
area, and the DNR firefighting planes and helicopters have been asked not to :fiB up in the
Jake in order to protect the birds and the planes because large birds and planes do not
mix. She also noted that she would be asking the seaplane people not to fly in the area
because of the heron colony.
Mayor Swedberg indicated that Ms. Galli had done a published study currently in press
that looked at foraging behavior on Peltier Lake. He then asked if the City could have a
copy of that study for the website.
Ms. Galli indicated she would be happy to provide a copy of the article once she has
obtained permission from the co-author to do so.
Ms. Galli indicated the study looked at where herons and egrets went to eat.
Council Member Capra explained that a woman in an airplane followed the birds to
determine where they go to eat. She then told residents that she has been extensively
researching this matter for the last two weeks and will carefully consider all the
information she bas obtained when making her decision.
Council Member Nelson asked what Ms. Galli would recommend for the no wake zone.
Ms. Galli indicated the best thing for the birds would be the larger no wake zone but said
she was comfortable with the 200 foot buffer because it would protect the natural
resources.
Mr. Jeff Perry, Anoka County Parks and Recreation Manager, indicated it was part ofbis
job to fl'UlIlIJge the regional park reserve and provide a formal recommendation for where
the line should be placed and his recommendation is the red line on his map. He then
went through a chronology of how the area of the island and the north end of the Jake was
classified as a high quality area for plant and animal communities.
Mr. Perry showed a map of Anoka County lakes and wetlands that set Peltier Island and
the north end of the Jake as an area that has not been disturbed and functions at a high
level. He then indicated the County wants to do everything it can to help sustain this
area.
Mr. Perry indicated in 1999 the County received a letter from a resident that was
concerned with high-speed boat traffic near the island. The County took a look at that
situation, attended a Lake Association meeting and stressed the importance of the area
and explained that, if boaters were not careful, the area could be disturbed. The rookery
was abandoned in June of 2000 and Ms. Joan Galli of the DNR agreed to begin
monitoring the rookery.
Page 8 of21
city of Centerville
March 13, 2002
Council Minutes
Mr. Perry indicated that in June of 2000 a study was done using Art Hawkins recording
data. He noticed ,unusual behavior and noticed the birds were not flying as they should
have been and in early July of 2001 it was found that the rookery bad again fiilled. In
August of2ooi a task force was formed to look at the potential causes.
Mr. Perry indicated that in January of 2002 the Peltier Island Heron Rookery Task Force
met to discuss recommendations and had determined that a no wake zone would give the
birds an opportunity to successfully nest this year. He then comment~ that the least
amount of protection would be the 100 meters south of the rookery.
Mr. Perry quoted a study from the University of WISCOnsin at Madison concerning the
impact of motorized watercraft on ecosystems in shallow lakes. He summarized that the
study determined the impact of no wake zones is greatest in shallow lakes or close to
shore.
Mr. Perry indicated he understood the rationale for angling the line in order to
accommodate lakeshore residents. He then said the County feels that the proposal of
Lino Lakes would provide adequate protection for the birds. He further noted that Anoka
County Parks and Recreation does not want to close off the area because the Wargo
Nature Center has a heritage lab on the western shore of the lake and does programming
over there and there are plans for a wildlife viewing observation deck for kids to learn
about the rookery and the aquatic plants.
Mayor Swedberg commented that the birds mayor may not come back but instituting a
no wake zone would protect the aquatic conununity in the lake which is important for
water quality and clarity. Mr. Perry agreed.
Ms. Connie Grundhofer, 235 Linda Avenue, in Lino Lakes presented pictures of birds
that were taken years ago and those birds are no longer in this area. She then indicated
that last year the birds were back on the island by March 5 and she has not yet seen any
but will continue to watch for them.
Ms. Grundhofer indicated that birds and plants cannot speak for themselves and need to
be protected.
Mr. Marty Asleson from Lino Lakes commented on the issue of stirring up the sediment
and releasing phosphorus in the water to be used by the algae for blooms. He also noted
that winter activities in the area would not be restricted.
Mr. Dave Pecchia, 7609 Pehier Lake Drive, said he knows little about bir~ bugs, trees
or leaves but really enjoys the lake. He then indicated he is comfortable with a no wake
zone but is concerned that the angle of the no wake line puts swimmers in danger of
coming into contact with the high-speed boats. He then asked that a study be done to
determine if it is safe to have the line angled in such a manner and said he would be
amenable to having the line come straight across ifit would be safer.
Page 9 of21
City of Centerville
March 13, 2002
Council Minutes
Mayor Swedberg asked whether the police department should be added to the section
concerning law enforcement.
Mr. Pecchia indicated that, unless his officers could swim out there, his office would
defer the enforcement to the sheritr s department.
Mr. Perry suggested that the City bad not received the latest version of the ordinance
because the latest version would state that the Anoka County Sheriff's Department and
the Conservation Officer for the State of Minnesota would be in charge of enforcement.
Mayor Swedberg asked for the latest standard wording for the ordinance. Mayor
Swedberg thanked everyone for the comments.
Mayor Swedberg noted that Donna Carlson from Lino Lakes Council was in attendance
at the meeting.
Mr. Jeff Godwin, 1581 Pehier Lake Drive, said since it is obvious to him that a no wake
mne will be imposed he would like to see it north of the bog poles. He then noted that
Mr. Johnson and Dr. Lanyon had both said the area north of the island was in need of
protection. He then suggested dates for the no wake zone because duck hunters use the
area in the fi1ll and by then the herons are gone. He also commented that he does not
want to have his tax dollars used for enforcing a no wake zone during the fi1ll when the
reason for the no wake zone is not there.
Council recessed at 8:45 p.m
Council reconvened at 9:00 p.rn.
Council Member Broussard Vickers said the way the ordinance is proposed is fine with
her but she does not want the sunset clause.
Council Member Capra indicated she had an issue with the sunset clause and contacted
Ms. Moore-Sykes who had called the League of Minnesota Cities for clarification. She
also suggested that the penalty section end with misdemeanor and not define the fine.
Ms. Moore-Sykes indicated she had e-mailed Council the mote recent revised form of the
ordinance.
Ms. Carlson from Lino Lakes indicated her Council had passed the ordinance on first
fPJUimg with the 200 feet angling up to the left and left the wording of the joint powers
agreement open.
Council Member Capra indicated the language needed to be the same or neither one
would be valid.
Ms. Carlson indicated they would look into the sunset clause.
Page 10 of21
city ofCenterville
March 13, 2002
Council Minutes
Council Member Capra indicated she did not want to see a sunset clause because it would
be too easy to forget and the no wake zone could lapse.
City Attorney Hoeft indicated the two agreements did not need to be identical but should
be substantially similar. He. then said, in his opinion, the sunset clause is not legal. He
further advised Council not to put in the sunset clause because he does not :feel it would
be valid.
City Attorney Hoeft indicated that Council did not need to make a motion on the matter
at this meeting but Lino Lakes is looking for a consensus of Council as to where the no
wake line should be.
Council Member Nelson said she :feels strongly on keeping the original 400 feet because
she thinks the boating is a contnbuting fuctor and that would help as suggested by the
Department of Parks and Recreation for Anoka County. She then said that she would
compromise and go with the 200 feet but ~eed with the sunset clause.
Council Member Travis said he was happy to see that everyone agrees that there should
be a no wake zone. He then said he would like to see the Lake Association handle the
matter rather than Council.
Council Member Capra indicated the County had made an attempt two years ago to work
with the Association.
Mayor Swedberg said he was glad to see the efforts to compromise. He then said he did
not think it was possible to specify a specific number of feet necessary to protect the
birds. He further stated that it may be past the point where the birds will return but he is
concerned for water quality and protecting the aquatic plants that help to clean and filter
the water. He also stated he is fine with the compromise of2oo feet but does not want
the s~ clause based on the advice of City Attorney Hoeft.
City Attorney Hoeft indicated the final wording of the joint powers agreement could be
done at a later time.
Council Member Capra asked Ms. Moore-Sykes to contact Ms. Waite-Smith to compare
wording.
2. Lift Station #1 Renovation
Mr. Peterson indicated the plans for the renovation of Lift Station #1 have been
completed and he is asking Council for approval so that the matter can be sent out for
bids.
Council Member Capra asked if this would be funded out of the sewer funds and Ms.
Moore-Sykes concurred. .
Page 11 of21
city of Centerville
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Council Minutes
Mayor Swedberg asked whether the more expensive pump would have a longer life
expectancy. Mr. Peterson said not necessarily, there are just fWo types of pumps and one
costs more.
Council Member Capra asked which type of pump the City currently uses. Mr. Palzer
indicated the City uses a submersible pump not a grinder. He then explained that the
starting and stopping of the pump is what dimini~bes the life of the pump.
Council Member Capra asked how long the current pump bas been in place. Mr. Patzer
indicated the current pump bas been in place since 1970.
Council Member Travis asked whether it would be a good idea to wait until The Shores
comes on line to avoid getting dirt in the lines. Mr. Patzer indicated that not much dirt
gets into the lines. Mr. Peterson indicated that adding The Shores should not be an issue.
Motion bv CouDeD Member Broussard Vleken. seeoDded by Mayor Swedbe~ to
aDProve the reDlaeiDe or emtiD, DumpS with submenible enDder DumpS aDd
eoDtrols as DreseDted by the City EDeiDeer to be wDded with faDds from the sewer
JuDd. AU iD (avor. MotioD carried uDaDimouslv.
Mayor Swedberg asked that a fiiendly amendment be made to specifY that the
improvement will be funded out of the sewer fund.
City Attorney Hoeft indicated that there would be a Resolution authorizing this matter at
the next meeting as a housekeeping matter.
3. Work Plan Water Infrastructure
Ms. Moore-Sykes indicated she bad reviewed the water interconnect agreement and
determined that the contract expires in 2007. She then noted that the document gives
either party the option to terminate the agreement upon three years written notice if either
party feels that water expansion would have an adverse impact.
Council Member Broussard Vickers commented that Lino Lakes would have no problem
extending the contract to 2007 but the document is valid until 2007 .
Ms. Moore-Sykes indicated she had received a telephone call from call Lino Lakes
indicating they would be happy to extend the contract to 2007 but the contract already
allows for 2007.
Mr. patzer indicated it takes two to three years to construct a water tower. He then
commented that the highest use day last summer the City used 800,000 gallons which
would mean emptying the tower 8 times in one day. He further stated the City needs
more storage but the interconnect can handle that type ofvo1ume.
Page 12 of21
city of Centervi1le
March 13, 2002
Council Minutes
Council Member Broussard Vickers suggested discussing this matter during the next
budget discussions.
city Attorney Hoeft said the copy of the document that the City has is not signed by
either party and suggested Staff look into whether there is a signed copy of the document.
Mr. patzer indicated that he thought the document was approved by both Councils.
Council Member Nelson indicated that it was approved by motion if not signed.
Mayor Swedberg asked if the City is an exporter or importer. Mr. patzer indicated that,
at this time, the City is a net exporter.
4. Enw10yment Policies
Ms. Moore-Sykes indicated she had located the employment policies but did not have a
chance to review them.
5. 21 st Avenue Reconstruction
Ms. Moore-Sykes indicated she had received several calls concerning the condition of
21 st Avenue.
Mr. Patzer indicated that the City had dumped seven (7) loads of Class 5. He also noted
the Dairy Queen manager feels that business is down 25% because of the condition of the
road. He further noted arcade asphalt is concerned with the condition of the road.
Council Member Nelson noted that the businesses did not want to pay the cost to fix the
road when the option was presented.
Ms. Moore-Sykes indicated that because Lino Lakes is a charter city they have to assess
for the improvements.
Council Member Broussard Vickers asked how the city could assess the full amount if
the value cannot be justified.
Ms. Moore-Sykes indicated a number of property owners on the Centerville side were not
in mvor of the project and the matter was dropped.
Council Member Capra asked if it would be prudent to have a joint meeting with Lino
Lakes on this matter.
Council Member Broussard Vickers indicated that the City does not have any money to
fund the reconstruction at this time.
Council Member Capra asked who was responsible fur further developing the road. Mr.
Pa1zer indicated that whomever develops the parcel would be responsible. He then
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city of Centerville
March 13, 2002
Council Minutes
indicated there is an issue with the Amoco and Lino Lakes may have a problem assessing
tbat business.
Council Member Broussard Vickers asked Staff to present the businesses with the
number for the assessment. She then said the City would need to know if the businesses
are interested for next year.
City Attorney Hoeft indicated that, if 1000A. of the property owners petition the City, the
procedure is waived and they can pay for the entire improvement.
VID. NEW BUSINESS
1. Rece,ptionistlSecretary Six (~) Month Performance Evaluation
MotioD by CouDeil Member NeIsoD. seeoDded bv CouDeil Member Capra to
approve the six mODth oerformaDee evaluation as DreseDted by Staff. AU in favor.
ModoD earned unaDimously.
2. Dead Broke Saddle Club - Premiies Permit Awlication (Gamb1inV - Wiseguys
Pizza & Pub Resolution #02..007
Mark Thorson, Gambling Manager, addressed Council and indicated they have raffles at
the Trio and are asking for another license for Wiseguys Pizza.
Mr. Thorson explained there has been a misunderstanding with his organization and the
City because he was using a different city's ordinance instead of the Centerville
ordinance. He then explained tbat 50% of the net profits are to be used for the benefit of
the residents of Centerville but those funds are not directed to the City or Council.
Council Member Capra confirmed that the City gets monies from Dead Broke Saddle
Club and the Spring Lake Park Lions. Ms. Moore-Sykes concurred.
Mr. Thorson indicated his organization had been setting aside 10% for projects within the
City but in reality owes the City 500A.. He then said he is not trying to skate out of paying
the City but bas had very few requests from the City that ftd1 within the guidelines for
giving.
Council Member Capra said she was under the impression tbat the organi7ation was to
submit a check to the City with the profits. She then asked how much money was
available at the 10%.
Mr. Thorson indicated that $4,900.00 is available but in reality there should be $23,000.
Mayor Swedberg asked whether it was permissible for a group to have two permits
within the City. City Attorney Hoeft indicated it was fine to allow two permits for the
same organization.
Page 14 of21
city of Centerville
March 13,2002
Council Minutes
Mayor Swedberg asked if there was an ordinance governing the matter. City Attorney
Hoeft indicated that if there was not an ordinance, the state statute would govern.
Ms. Moore-Sykes indicated that the ordinance states 500.10 and noted Mr. Thorson had a
different city's ordinance that said 10%. She then said that the City gets a report every
month.
Council Member Capra asked if any entity in the City can come to the organi7.8tion for
money.
Mayor Swedberg asked for an explanation of the 500J'o.
Mr. Thorson indicated that 800J'o goes to the players leaving 20% to be used for running
the business and taxes and whatever is left the City gets 50% of.
Council Member Travis indicated that Council used to get a statement in the packet.
Council Member Broussard Vickers asked what the timeframe for remedying the
situation was. Mr. Thorson indicated that he intended to have 75% of the money set
aside by the time they are back before the City for renewal licenses in June and the
remainder ofit in September.
Council Member Broussard Vickers asked if all the background checks and
investigations had been done. Ms. Moore-Sykes indicated that they had been.
Motio. by Cou.eil Member Broussard Vickers. seeo.ded by CouDeil Member
NelsoD to approve,ResolutioD #02-007 approvm2 a charitable 2ambU.2 permit for
Dead Broke Saddle Club at Wiset!UYS Pizza & Pub. AU fD favor. MotioD carried
uDaDfmous)y.
IX. CONSENT AGENDA
1. The City ofCenterville February 28,2002 through March 13, 2002 Expenditures.
2. Centennial Fire District Expenditures
3. Ordinance #4
4. Certificate of Deposit - Main Street Bank
Mayor Swedberg requested that Ordinance #4 and Certificate of Deposit be removed for
discussion.
MotioD by CODDeil Member NeIsoD. secoDded by CouDeil Member Capn to
approve CODIeDt AIleDd. Items 1 aDd 2 as PnseDted. AU fD favor. MottoD carried
uDaDilDously.
Page 15 of21
city of Centerville
March 13, 2002
Council Minutes
Mayor Swedberg indicated he did not feel that Council should tie up the money from the
CD for the long term.
Ms. Moore-Sykes indicated that shorter CD terms are available but the return is usually
not as good.
Council Member Broussard Vickers suggested contacting the City's authorized ban1cing
establishments to determine what types of rates are available.
Motion bv Council Member Broussard Vicken. seconded bv CouDcil Member
Nelson to aut.orize Staff to c.eck wit. t.e City's aut.orized financial institutions to
obtain t.e .i2.est rate oossible on a t.ree mont. Certificate of DepOSit. AU in
favor. Motion ~rried unanimously.
Mayor Swedberg indicated he bad thoroughly reviewed the Ordinance and found several
issues that should be resolved.
Council Member BroUSS8f(i Vickers asked whether the questions were in general with the
ordinance or with regard to this amendment. She then proposed passing the amendment
and allowing this revision to go forward.
Mayor Swedberg said he had many questions throughout the document he felt should be
revisited before approving the ordinance.
Council Member Travis indicated that the Planning and Zoning Commission would have
answered the questions but received them at its meeting and had no time to review them.
Council Member Nelson asked whether the list is long enough to warrant tabling the
matter.
Council Member Broussard Vickers indicated that addressing the list of issues would
mean that the City would have to start over with the public hearing process.
Ms. Moore-Sykes asked Council to consider passing the dog kennel addition to the
ordinance if the ordinance was to be tabled.
Mayor Swedberg indicated this is a legal document and he feels it should be clean. City
Attorney Hoeft agreed the document should be as clean as poSSIble.
Council Member Broussard Vickers said a huge issue was made out of passing the garage
item and said it is too costly for the City to begin passing things one at a time.
Mayor SWedberg said the ordinance is wrong and he is not comfortable approving it.
Page 16 of21
city of Centerville
March 13, 2002
Council Minutes
Council Member Nelson said she would have trouble passing the ordinance with the
things that are on the list. She then said she could agree to pass the kennel portion
tonight.
Mayor Swedberg commented that he was being asked to put his name on a bad Jaw and
he will not do it. Council Member Broussard Vickers said it costs the City money to do
this one thing at a tiIne and all the items in question are currently in the ordinance.
Council Member Nelson said she did not want to go through the document at this point in
the meeting due to the time.
Council Member Broussard Vickers said she did not feel the document should go back to
Planning and Zoning but should be discussed at Council level. She then commented that
she had heard there may be a request to put a dog kennel in commercial zoning and had
spoken to the Chair of the Planning and Zoning Commission and he had said the intent of
the Commission was to allow kennels in the industrial zoning only.
Council Member Travis asked if the party in question was on the right lot.
Ms. Moore-Sykes explained it was the correct lot but the owner is under the impression
that the lot is zoned light industrial and bas been told there is no such zoning.
Council Member Broussard Vickers indicated that he had been told that light industrial
zoning does not exist numerous times.
Council Member Travis said he thinks there are items that need tweaking and the only
way to get the intent of the Commission is to meet with them.
Council Member Travis asked if there were other issues on the kennel making it
unnecessary to expedite the change.
Ms. Moore-Sykes indicated that if the party in question purchases the lot she would need
to come before Council for a variance because the lot is not wide enough.
Council Member Broussard Vickers indicated the lot could not be split that way if it is
not wide enough. Mr. Patzer indicated the property would be only 125 feet wide and the
ordinance requires 200 feet.
Council Member Broussard Vickers asked how he was able to subdivide the property.
Mr. Patzer indicated the property was subdivided for First Class Concrete with 250 feet
of frontage along the road but said he is not sure of the particulars.
Council Member Broussard Vickers cJarified there was no need for the kennel portion
tonight.
Page 17 of21
City of Centerville
March 13, 2002
Council Minutes
MotioD bv CODDCll Member NelsoD. seeoDded bv Mavor Swedben! to table this
matter aDd set a iomt discDssioD with the PIaDD~1l aDd Zollmll CommissioD aDd
CODDCil to 110 over the chaDlles to Ordinance #4. .
Council Member Capra commented that even if this amendment is approved Council
would need to review the ordinance again to address the issue of the boat launches. She
then commented the City bas been amending this ordinance since June of2000.
Council Member Broussard Vickers conunented that she feels the Ordinance would be
revisited within six months of approval of the next amendment.
Vote: Aves - 4. Navs -1 (Broussard Vickers). MotioD carried.
Council Member Nelson asked Staff to schedule a time with the Planning and Zoning
Commission.
x. COMMI'ITEE REPORTS
Council Member Broussard Vickers reported that the Parks and Recreation Commi~c;ion
had questions concerning its final budget. She then indicated the Commission bas been
discussing the issues with the skate park and needs to know its budget numbers when
making plans to change the skate park.
Council Member Travis reported that the Planning and Zoning Commission would be
reviewing Ordinance #61 which is an adult oriented businesses ordinance. He then asked
why that ordinance was picked for review.
Ms. Moore-Sykes indicated there is a concern on the Staff level to see if the Planning
Commission and Council wish to regulate tattooing and body piercing.
Council Member Broussard Vickers commented that the ordinance was less than five
years old and suggested adding massage parlors to it.
Mayor Swedberg commented there is a new thing with non-alcoholic clubs with nude
dancing. Council Member Broussard Vickers indicated that is already covered in the
ordinance.
Council Member Capra asked if the City would consider codification.
City Attorney Hoeft explained that the City would need to compile all existing
ordinances and contract with someone to make stylistic and substantive changes.
Council Member Capra said . thought a previous Council ~ approved doing so.
Council Member Broussard Vickers said she thought the City paid out money for the
service.
Page 18 of21
City ofCenterville
March 13, 2002
Council Minutes
Council Member Nelson said the problem was the attorney was windy and was getting no
where mst.
Council Member Broussard Vickers said that was in 1998 or 1999.
City Attoq1ey Hoeft indicated that before 2000 he remembers speaking with Mr. March
about the issue and he had told Mr. March the matter would be expensive to do no matter
who did it and the matter was dropped. He then indicated that Mr. Johnson had worked
on the Comprehensive Plan and the zoning ordinance to create a definition of special use
and permitted use not on codification.
Councn Member Broussard Vickers said that in 1999 or thereabout P~ing and Zoning
made it through half of the ordinances in terms of rewriting them. She then suggested
reviewing the notebook concerning proposed changes before spending time or money on
codi:fication.
Council Member Nelson commented that now that the positions of clerk and treasurer are
being split the clerk could focus on the ordinances.
Council Member Capra reported that the Cable Commission Meeting would be next
week. She then asked if the liquor license hearing would be held next week.
Mayor Swedberg suggested working off of the League of Minnesota Cities model
ordinance when the meetiIlg is held.
Council directed Staff to give the owners notice that the City would be working off of the
League of Minnesota Cities model ordinance and then set a meeting three weeks after
noticing them. The meeting was set for Monday, AprilS, 2002 at 6:30 p.rn.
Mayor Swedberg reported that the Police Commission would be meeting tomorrow night
and noted that at the last meeting they voted to raise salaries.
Council Member Capra asked how that could be done. Mayor Swedberg indicated he
was the only one to vote against it. He then commented they intend to use the reserve
fund at this time to fund the increases.
Council Member Capra suggested using the League of Minnesota Cities important dates
calendar to avoid issues with cancelled meetings.
XI. ADMINISTRATOR'S REPORT
1. Deferred CoIIlP Rqx>rt
No report.
Page 19 of21
city of Centerville
March 13, 2002
Council Minutes
2. Turcotte Property
Ms. Moore-Sykes reported that Juran &. Moody had advised that the building should not
be destroyed before deciding on TIP. She then indicated that she had received a request
to either have or purchase the windows from the basement and garage if the blli1d~ is
destroyed.
3. Eagle Pass tMi Addition Developers Asre~inal Plat
Ms. Moore-Sykes reported that Mr. Quigley was researching the sewer costs.
4. Eaale Pass Town Home Association -Increase Liiht Wattage
Ms. Moore-Sykes reported that the City had received a check and request from Eagle
Pass Townhomes for increased lighting. She then indicated that the work had been
ordered.
5. Finance Director
Ms. Moore-Sykes reported that the position closes on Friday, March 15, 2002 at 4:00
p.rn. and noted she has received six applications.
6. LOGIS
No report.
7. Can~da Geese Situation
Ms. Moore-Sykes reported she had been contacted by a resident asking if the City has
any plans to help with the relief from the number of Can9dian Geese on lakeshore
property. She then connnented that there are programs but it would be a significant
expense to the City.
Mr. Patzer indicated there is a chemical that is sprayed on lawns that seems to work and
the company guarantees results.
Council Member Broussard Vickers asked Staff to contact the resident and teU them
about the chemical
Ms. Moore-Sykes reported that Staff had determined there bad not been a journal entry
done from the water and sewer fund for the public works facility.
Motion bv Council Member Nelson, seconded bv CouncD Member Broussard
V!ckers to autllorize Stall'to transfer 6 % from tile sewer fund. 4.5% from tke
water fund and 2% from tile storm drain fund for tile Durckase of tile DubUc works
faciUty. AD in favor. Motion carried unanimously.
,
Page 20 of21
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city of Centerville
March 13, 2002
Council Minutes
8.
Set Executive Session
city Attorney Hoeft indicated Council would be recessing to executive session to discuss
TIF related litigation and a personnel matter.
Council recessed to closed session at 10:40 p.rn.
CLOSED EXECUTIVE SESSION
1. Res,ponse from the State Auditor's Office (TIF Fq,dinv-s)
Discussion was bad regarding same.
2. Performance Review
Brief discussion was had regarding this matter.
Council closed the Executive Session at 11 :46 p.rn.
Council reconvened the regular council meeting at 11 :48 p.rn.
XU. ADJO~ENT
Motion by Councll Member Caora. seconded by Mayor Swedbel'2 to adiourn the
MareJa 13.2002 City Councll Meetin!! at 11:48 o.m. AU in favor. Motion earried
unanimously.
Transcn"bed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 21 of21
'j
. ~
'Jot .
City of Centerville
March 27, 2002
COWlcil Minutes
CITY OF CENTERVILLE
CITY COUNCIL MEETING
MARCH 27, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on March 27, 2002, at City Hall, 1880 Main Street.
PRESENT:
Mayor Tim Swedberg d
Council Member Dick Travis ~e
Council Member Mary Capra 0
Council Member Marl Nelson
Council Member Linda BrOUAdpp r
None. 1'1
ABSENT:
STAFF:
City Administrator, Ms. Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
I. CALL TO ORDER
Mayor Swedberg called the March 27, 2002, City Council meeting to order at 6:30 p.m.
II. SET AGENDA
Council Member Capra indicated that Mr. Rehbein could not make it to the meeting until
later in the evening and asked that his item of business be held until he arrived.
Motion by Council Member Broussard Vickers. seconded by Council Member
CaDra to approve the a2enda as presented. All in favor. Motion carried
unanimously.
III. PUBLIC HEARING(S)
None.
IV. APPE~CE~A~ARDS
1. Mr. Dale Runkle (Ground Development/Pheasant Marsh)
Mr. Dale Runkle, Manager of Pheasant Marsh located at 7575 Golden Valley Road,
Golden Valley addressed Council and asked for permission to move ahead with Phase II
Page 1 of 18
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City of CentervilIe
March 27, 2002
Council Minutes
of the development. He then indicated Ground Development had selected 7 builders for
Phase I that would all have three lots to develop.
Mr. Runkle explained that Phase II would be done the same as Phase I with the exception
of the fact that they would like to start the improvements earlier in order to have lots
available for sale in late fall.
Council Member Broussard Vickers commented that the property was located within
MUSA and followed the line as amended in the Comprehensive Plan.
Council Member Capra asked whether the request fell within what was approved.
City Attorney Hoeft indicated that Phase II was to begin between January of 2002 and
2005. He then indicated that the developer's contract for Phase II would need to be
finalized and brought to Council for approval.
City Engineer Peterson asked how many lots were in Phase II. Mr. Runkle indicated
there were 27 lots in Phase II. Mr. Peterson commented that a majority of the utilities for
Phase II were already installed.
Mayor Swedberg asked that the developer be mindful of neighbors during construction so
as not to negatively impact them.
Mr. Runkle indicated that the developer has issues with sewer connections with two of
the neighbors but has agreed to work it out
2. Mr. Bill Martin (A TS&R - Centerville Elementary School Remodeling
Mr. Bill Martin addressed Council and presented the plans for the Centerville Elementary
School remodeling. He pointed out that the 16 year old temporary classrooms would be
removed, the loading dock expanded and the kitchen and cafeteria remodeled as well as a
new ventilation system.
Ms. Moore-Sykes indicated that she, the Public Works Director and Mr. Martin had met
to discuss the plans and all zoning code requirements are met with this proposal.
3. Mr. Bill Bisek (Kelly's Komer). Mr. Dean Keller (Spring Lake Park Lion's)
Mr. Bill Bisek of 7098 Centerville Road addressed Council and had with him the Spring
Lake Park Lion's gambling manager and Mr. Thell the President of the Centerville Lions.
Mr. Bisek explained that when the MS Society moved its charitable gambling operation
from Kelly's he did some shopping around and found that the Spring Lake Park Lion's
club would be best able to help the Centerville Lions with some projects it wished to do
in the community.
Page 2 of 18
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City of Centerville
March 27, 2002
Council Minutes
Mr. Bisek explained that the Centerville Lions had discussed various projects within the
community and had decided that a concession building at LaMotte Park would benefit
many organizations within the City and decided to set aside monies received from the
Spring Lake Park Lions until the $50,000 for materials to build the structure was
accumulated. He then explained that the Lions could not send money directly to another
Lion's club so the City was used as an entity authorized to receive funds and was to hold
them in an account until the dollar amount for the structure was obtained.
Mr. Bisek explained that the $1,900 recently received by the City from the Spring Lake
Park Lions was intended to payoff the four wheeler that was raffled off in connection
with the festival last year.
Mr. Bisek explained that the $1,900 should go into the general financials for the
Centerville Lions and the $26,000 should be put into a fund to sit and accumulate until
the $50,000 goal is reached and the structure can be built at the park.
Council Member Capra asked why the Centerville Lions do not have a gambling license.
Mr. Bisek indicated that before he was involved with the Lions there was a case of
impropriety concerning charitable gambling and the state pulled the Lion's license. He
then commented that it is a costly and time-consuming adventure to go into the charitable
gambling arena due to employees and fees for licensing and the Club has decided not to
seek another license at this time.
City Attorney Hoeft explained that once funds are received by the City as a donation
there are no conditions or restrictions on those funds which means that legally the City
does not have to designate the funds for the structure as requested by the Lions. He then
said that politically, if the City made a deal with the Lions, that is a separate issue.
Council Member Capra commented there was not a formal written arrangement but a
verbal agreement.
Mr. Bisek explained that the agreement was reached when Mr. March was the City
Administrator.
Council Member Capra asked how the City was to handle the $1,900 request legally.
Council Member Broussard Vickers indicated that the Park and Recreation Committee
had discussed the Lions request and understands the issue and will not have a problem
with the money being removed from the Park and Recreation budget.
Mayor Swedberg asked why the money should come to the City.
Mr. Bode explained that the money must be used for civic or community projects and the
Lions can only donate funds to a church, school, fire department or the City due to state
regulations. He then explained the rationale for having the funds come to the City was
Page 3 of 18
City of Centerville
March 27, 2002
Council Minutes
because the funds were earmarked for the pavilion at LaMotte Park which would benefit
residents of the City.
Mayor Swedberg said he finds it odd that charitable gambling comes to the City and that
one Lion's group cannot give to another Lion's group.
The Gambling Manager from the Spring Lake Park Lions indicated that in order to be
able to donate funds an organization must be a nonprofit 501 C3 corporation and the
Lions are a 501C4.
Mayor Swedberg asked if the City needed to continue doing this.
Mr. Bode indicated the Lions could set up a charitable foundation that would fit the
criteria.
Council Member Nelson commented that per City Ordinance the City is to receive 50%
of the profits and determines what would directly benefit the residents of the City. She
then commented that the City should be able to determine whether the funds received go
to the Lions Club or other worthwhile causes. She further commented that approval of
licenses is subject to compliance with the ordinance requirements.
Council Member Broussard Vickers indicated that even if the funds do not go through the
City the Lions would still need Council approval. She then commented that the monies
have been accumulating to accomplish a specific goal and noted that Council does not
base license approval on approving all expenditures.
Mayor Swedberg asked why it was necessary to run the money through the books of the
City.
Mr. Bode indicated that the Centerville Lions contribute small amounts to various causes
in the community as well as through Lions International. He then explained that the
Lions run into a shortage of funds for large projects like the pavilion and using gambling
funds through the Spring Lake Park Lions would enable the Lions to help provide a
pavilion for LaMotte Park that would benefit many organizations and residents of the
City.
Council Member Broussard Vickers suggested the Lions set up a foundation and come to
the City when ready to request disbursement of the funds.
Council Member Nelson asked whether the City would be held responsible if the Lions
spent the funds on something that is not allowed.
City Attorney Hoeft indicated that if the City gives the funds to the Lions and they are
spent in a way that the City felt was not civically responsible that would be an issue forrdiscussion at the next re-licensing.
Page 4 of 18
City of Centerville
March 27, 2002
Council Minutes
Council Member Nelson asked if the City could be held liable for money spent
incorrectly.
City Attorney Hoeft explained that the Lions were aware that legally the Lions could not
give to another Lions club and, since the City Administrator was a Lion, suggested that
the City receive and hold the funds. He then explained that the City does not have to give
the funds back legally but that is for Council to decide. He further indicated he would
like to see the City get out of the business of handing charitable gambling funds and
suggested the Lions find another entity in town that qualifies or form one themselves. He
also commented that doing so would be a protection for the Lions because Council's
change and this Council may agree and make a deal with the Lions but the next one may
not.
Council Member Broussard Vickers suggested setting up the right organization and
contacting the City to let the City know when to release the funds.
The Spring Lake Park Gambling Manager indicated that another $8,000 was in process
and would be coming to the City.
V. CONSIDERATION OF MINUTES
1. March 13. 2002. Council Meeting Minutes
Council Member Capra requested that on Page 2, the word "troop" be changed to "pack."
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to approve the March 13.2002 Council Minutes as amended. All in favor.
Motion carried unanimously.
VI. PETITIONS AND COMPLAINTS
None.
VII. OLD BUSINESS
1. Proposed Ordinance #68 - No Wake/Surface Use of Motorized Watercraft on
Peltier Lake
Mayor Swedberg explained that this would be the last night to discuss and comment on
this matter before Council voted on it.
Mr. Jeff Perry from Anoka County read for Council the Lino Lakes Council motion and
approved Ordinance. He then indicated that the county surveyor would need to provide a
legal description for the no wake line.
Page 5 of 18
City of CenterviUe
March 27, 2002
Council Minutes
Mr. Perry indicated that the County was at Monday's public hearing in Lino Lakes and
made its recommendation but none of the recommendations were adopted by Lino Lakes.
He then read the County's recommendation for Council.
Council Member Capra asked how far from the southern most end of the island in feet the
County's first proposal was. Mr. Perry indicated it was approximately 350 feet and noted
the second recommendation is approximately 350 feet as well but angled northeast.
Council Member Nelson commented that the City had reached a consensus of 200 feet
south of the island running straight across.
Mr. Perry continued reading the County's recommendation and finalized his comments
by stating that the County wants to improve the quality of natural resources by keeping
human intervention at a minimum on the north end of the lake.
Council Member Nelson asked whether Mr. Perry felt the 200 feet straight across was
adequate to stop the damage to aquatic plants and help with the birds.
Mr. Perry commented that the County feels the farther south the line is placed the better
for the habitat at the north end of the lake and then said he feels that any of the three
alternatives provided would do an adequate job.
Ms. Nancy Bowring of 7608 Peltier Lake Drive indicated she had polled the neighbors in
her area and they are all in favor of a no wake zone but six of the nine want it straight
across because of concern with boaters and swimmers and 8 of the 9 want it angled up if
it does not go straight across. She then indicated a primary concern for them is the
herons and aquatic vegetation rather than being concerned about a no wake zone in front
of their homes.
Council Member Capra commented that to get out to a five-foot depth the swimmers
have to go out a good distance and could be in the path of boaters.
Council Member Broussard Vickers asked whether all residents polled live in the wedge
area to the northeast. Ms. Bowring indicated that was true.
Ms. Bowring indicated she had received a call from a neighbor that saw a heron fly from
the island.
Mr. Lindner of 7413 Peltier Lake Drive provided more facts and information. He then
showed a picture of an eagle confirming that the eagles were back before the herons.
Council Member Capra asked whether herons return to the same nests or if they build
new nests each year.
Page 6 of 18
City of Centerville
March 27, 2002
Council Minutes
Mr. Perry indicated they do return on occasion and improve on last year's nest. He then
indicated he had been out at the island before the meeting and saw 14 herons working on
nesting sites.
Mr. Lindner read through the information provided to Council.
Mr. Lindner complained that approval of the no wake ordinance would reduce the
recreation area of the lake to 235 acres and he thinks that is setting up the lake for failure.
Council Member Capra asked Mr. Lindner to define failure.
Mr. Lindner commented that the City would be congesting all users to one end of the
lake.
Mr. Lindner read more of his paperwork and suggested Council was not hearing the voice
of the lakeshore owners.
Council Member Capra read a report of her conversation with Chuck Johnson from Rice
Creek Watershed District.
Council Member Travis asked whether the Peltier Lake Association had met since the
meeting on March 4, 2002.
Mr. Lindner indicated that there had not been time to meet because of all the city
meetings in Lino Lakes and Centerville.
Council Member Nelson said she agreed that Council had asked the Association to come
back with a proposal. She then explained that she would like to see the no wake line as
far south as possible making this a compromise for her.
Mr. Richard Thompson of 1657 Peltier Lake Drive indicated that many people spoke at
the Association meeting and, when asked for input, the Association determined it would
be nice to use the bog poles as the no wake line. It was also discussed that those residents
at the northeast end of the lake may not like having the no wake zone in front of their
docks and that is why angling the line was suggested. He then commented that the
experts recommend the line go straight across in the interest of public safety and he is
fine with that.
Council Member Capra indicated she was surprised to know that Clearwater Creek drains
into Peltier Lake as well as many other tributaries.
Quit Evis addressed Council and indicated he lives on Lake Owasso and explained that
after wasting taxpayer dollars Ramsey County determined that the people best able to
manage the lake are the lake shore owners.
Page 7 of 18
City of Centerville
March 27, 2002
Council Minutes
Mr. Evis indicated that the Association at his lake determined there would be no
restrictions. He then said the Association focuses on safety, water quality, monitors
fishing and recreational activities. They also have a weed control program and a wildlife
management program all run by the Association.
Council Member Broussard Vickers asked what in the ordinance would preclude the
Peltier Lake Association from managing the lake as described by Mr. Evis.
Mr. Evis indicated he was attempting to point out that the best source of information and
best management for the lake is the lake association because the residents will tell you
what going on.
Council Member Travis said he does not agree with that because there are experts who
have schooling and experience for handling these types of issues.
Mr. Evis said he was not taking anything away from the expert testimony but commented
that if you give the dimensions of a bumble bee to an aeronautical engineer he would tell
you it could not fly but no one ever told a bumble bee he could not fly. He then
commented that the no wake zone shrinks the recreational size of the lake and causes
congestion. He also commented that enforcement of the no wake zone will cost the City
money.
Council Member Capra asked what the depth of Lake Owasso was. Mr. Evis indicated
the depth ranged from two feet to 35 feet.
Council Member Capra said she did not feel it was appropriate to compare the two lakes
because there is no information on how many lakes drain into that lake. She then agreed
that the lake owners are a good source of information as to what is going on around the
lake but they are not the best source for the management of algae and water quality.
Mr. Evis commented that the lake association takes care of the lake and said the City
needs to work with the association and listen to what it has to say.
Ms. Donna Carlson of 1590 East Shadow Lake Drive addressed Council and said that she
regrets that the Lino Lakes Council did not work well with Centerville on this ordinance
and she hopes that in the future the two cities can work together better. She then
commented that Lino Lakes did not listen to the experts or. Staff concerning the sunset
clause.
City Attorney Hoeft indicated that, if the City wanted the no wake zone and wanted it to
be enforceable, the City would need to adopt the same ordinance as Lino Lakes and that
would need to include the sunset clause because Lino Lakes did.
Page 8 of 18
City of Centerville
March 27, 2002
Council Minutes
Motion by CouncD Member Broussard Vickers. seconded by Mayor Swedber& to
Adopt Ordinance #68 for a No Wake/Surface Use of Motorized Watercraft on
Peltier Lake as proposed by Lino Lakes with the sunset clause.
Council Member Nelson said she is concerned by the lack of communication between the
two cities and she feels really insulted that Uno Lakes would not compromise with
Centerville on the sunset clause.
Council Member Broussard Vickers said it was more important to ensure that the no
wake zone takes effect. in time to protect the birds than to argue with Uno Lakes over the
sunset clause. She then suggested discussing the matter with Uno Lakes in the future to
consider extending the no wake ordinance.
Council Member Capra indicated she had attended both the work session and Council
Meeting in Uno Lakes because she was interested in information as to why Uno Lakes
wanted the sunset clause and it seems that one Council Member wanted to have the
sunset clause as a way to hold staff accountable for bringing the matter back for review to
see if the no wake ordinance did any good or if this is another useless law.
Council Member Capra indicated that Mr. Brushell had said he would take on the
responsibility of making sure that the Ordinance was reviewed yearly but the
recommendation fell on deaf ears. She then said she is disappointed that Uno Lakes
Council did not listen to the experts or its own Staff concerning the sunset clause and she
feels they did so out of fear of precedent setting for the future. She further commented
that she feels the actions of the Uno Lakes Council were disrespectful to Centerville
because Centerville's only request was to eliminate the sunset clause and Centerville
would have been amenable to adding a clause to the Joint Powers Agreement to require
mandatory annual review to determine whether the no wake ordinance was working.
Council Member Nelson said she feels there are more issues that the cities of Uno Lakes,
Centerville and Hugo will be working on together and she thinks Council should go the
extra step of going back to Uno Lakes to discuss this matter because she does not feel
there was a compromise on the part of Uno Lakes and the two cities did not work very
well together.
Council Member Travis said he wanted to make sure that the Peltier Lake Homeowner's
Association knows that their concerns did not fall on deaf ears. He then said that a
compromise was made where both sides did not get exactly what they wanted. He also
said that he agreed with Mr. Evis that the lake association is the best steward .of the lake
but that lake does not have a heron rookery. He further stated that he is not concerned
with the sunset as much as he is with doing what is best for Peltier Lake. .
Mayor Swedberg said he and Council appreciated the efforts and comments of the
experts and residents concerning the no wake ordinance. He then said he is not sure that
the ordinance will help the birds but whether the birds stay or go may be a sign of the
overall habitat of the lake and he wants to protect that habitat, if possible. He further said
Page 9 of 18
City of Centerville
March 27, 2002
Council Minutes
the City has had its hands tied by Lino Lakes concerning the sunset clause because, if the
City wants the Ordinance to be enforceable, then it must adopt the same language.
Mayor Swedberg commented that, if the ordinance does not appear to be working as
written, there is always the option of amending the ordinance. He then said he did not
think the City would be looking at heavy enforcement of the ordinance because it is
simply a matter of manners.
Council Member Capra asked City Attorney Hoeft what would happen with the Lino
Lakes ordinance if Centerville voted to table.
City Attorney Hoeft indicated that the ordinance would go into effect but Lino Lakes has
the ability to amend it at any time.
Vote: All in favor. Motion carried unanimously.
Motion by Council Member Capra. seconded by Council Member Nelson to direct
staff to invite Lino Lakes to a joint work session to discuss Ordinance #68 and other
related joint issues. Ayes - 3. Nays - 2 (Swedberi/Broussard Vickers). Motion
carried.
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to approve the Joint Powers A~reement with Lino Lakes as presented.
Council Member Capra asked if the Joint Powers Agreement could be amended. City
Attorney Hoeft indicated that it could be.
Vote: All in favor. Motion carried unanimously.
Council recessed at 8:35 p.m.
Council Member Capra thanked all those that gave testimony on the issue.
Council reconvened at 8:45 p.m.
2. Pheasant Marsh Final Plat/Developers Agreement
Mr. Dale Runkle of Ground Development addressed Council and asked that Council
follow the Ordinance and allow Ground Development to post a surety bond for private
improvements rather than the letter of credit. He then indicated that the letter of credit
affects the company's ability to borrow funds for other projects and the surety bond
would provide the security needed by the City to ensure that the company will do what it
says it will do.
Page 10 of 18
City of CentervilIe
March 27, 2002
Council Minutes
Council Member Broussard Vickers commented that the surety bond is harder for the
City to draw on than the letter of credit. City Attorney Hoeft agreed and indicated he
would provide comments when Mr. Runkle was fmished speaking.
Mr. Runkle indicated there are other mechanisms for ensuring compliance such as
holding up permits for the next phase until the current phase is completed to the City's
satisfaction. He then said that Ground Development is not asking for anything strange or
unusual but simply wants to be allowed to follow the City's own ordinance.
Mr. Runkle commented that he has an issue with the developer's agreement calling for a
two-year warranty period because he did not see anything in the ordinance that specified
two years.
Mr. Runkle pointed out a typographical error on Page 8, the figure $9,600 should be
$39,600.
City Attorney Hoeft explained that the developer's agreement was a document that was
discussed and negotiated at length with Mr. Hannah. He then said if the developer is no
longer in agreement with the document the document could be completely renegotiated.
City Attorney Hoeft explained that a letter of credit is easier for the City to draw upon
because the bank agrees to issue that amount of credit to the developer and the developer
authorizes the City to draw upon that for noncompliance. If it is necessary for the City to
draw upon those funds, the City contacts the bank and the funds are released whereas a
surety bond is issued by a bonding company that banks on the fact that it will not have to
payout and is very reluctant to do so. The City would end up in a costly legal process to
eventually obtain those funds.
City Attorney Hoeft indicated the matter is not as simple as saying I do not like the
wording of this document and asking that it be changed here and there. The document
was negotiated and agreed to by both parties and, if the other party does not like the
agreement, then the City would start negotiations over again. He also commented that
the number error referred to would not have an impact on the City because the dollar
amount is spelled out in a formula just prior to the error.
Mayor Swedberg asked whether Mr. Hannah had resigned from Ground Development.
Mr. Runkle indicated that he had.
Mayor Swedberg said he did not envy Mr. Runkle's position but said the City had
discussed the issues at length with Mr. Hannah and had come to agreement.
Mr. Runkle said he based his requests on his background in the public sector and feels he
should be able to use the ordinance requirement of a surety bond and does not think it
should be necessary to completely renegotiate the document for two items. He then
commented that the effect of what the letter of credit does compounds because Ground
Development is developing in other communities as well.
Page 11 of 18
City of Centerville
March 27, 2002
Council Minutes
Mr. Runkle commented that in his many years of experience he has never had a bond or
letter of credit called and asked whether the City had ever needed to do so.
Council Member Travis indicated the City did call one bond
Council Member Broussard Vickers commented that the letter of credit IS in the
document to protect the City.
Council Member Broussard Vickers said she likes the protection that the letter of credit
gives the City and she does not think that the dollar amount should be an issue for a
corporation the size of Ground Development. She also noted that the amount could be
lowered as improvements are completed.
Council Member Nelson indicated with the exception of the typographical error on Page
8 she is not interested in making any changes to the document.
City Attorney Hoeft indicated that Mr. Runkle has interpreted the Ordinance to allow for
an alternative security measure and said the City could amend the ordinance to
specifically allow only for the letter of credit to clarify the situation.
Mayor Swedberg said the document was agreed upon after lengthy discussions with Mr.
Hannah. He then indicated that Mr. Hannah had made the same arguments at the time the
document was drafted.
Council Member Capra said she is not interested in changing the security based on the
fact that the City has had issues in the past.
Council Member Broussard Vickers asked Staff to make sure that the trail lines up with
Centerville Road as requested.
City Attorney Hoeft indicated that Mr. Runkle had asked him to provide the legal
description for the easements and he will be doing that.
Mr. Runkle suggested that it would be better if the City clarified the ordinance to indicate
that only a letter of credit is permissible because he interprets the ordinance to allow for
an alternative mechanism.
Council directed Staff to ask the Planning and Zoning Commission to review the
ordinance.
3. The Shores Final Plat/Developer's Agreement
Mr. Rehbein indicated he had no concerns at this time.
Page 12 of 18
City of Centerville
March 27,2002
Council Minutes
City Attorney Hoeft indicated he had provided Mr. Rehbein's attorney with a template of
the developer's agreement and understood that he would be drafting the document.
Council Member Broussard Vickers indicated that the Park and Recreation Commission
had heard that the County had obtained the funding necessary to widen County Road 14
and is suggesting that, in lieu of installing the trail, Mr. Rehbein provide a monetary
equivalent to the City for use on a trailway in another location.
Mr. Rehbein asked if there is a standard per foot cost for the trailway.
Mr. Rehbein indicated he would like to come in for his grading permit before recording
the final plat because by the end of May he will have paid off the contract for deed and
there will not be a need to mail documents across the country for signatures.
City Attorney Hoeft indicated he had discussed the matter with Mr. Rehbein's attorney
and has no issue with it. He then commented that the owners of the property incur some
liability in that dirt is being moved and costs incurred before the property has completely
changed hands.
Council Member Capra asked whether Mound Court is the size of a City street. Mr.
Peterson indicated that it met city street requirements.
Council Member Nelson asked if Mr. Rehbein was going to want an overweight permit.
Mr. Rehbein indicated he would be attempting to obtain an access permit from Anoka
County.
Mayor Swedberg asked Mr. Rehbein to ensure that none of the houses would be closer to
the lake than 75 feet.
Ms. Moore-Sykes indicated she had received an e-mail from the Fire Chief concerning
the location of the hydrants and noted she would pass the information along to the
engineer and the developer.
Mr. Rehbein asked if it would be possible to receive a vote on the final plat.
City Attorney Hoeft indicated Council could do so conditioned on approval of the
developer's agreement. He then asked if the City Engineer had reviewed the fmal plat.
Mr. Peterson indicated he did not have any issues with the plat.
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to approve the final plat for The Shores subject to final en&ineerina approval
and approval of the developer's a~reement. All in favor. Motion carried
unanimously.
Page 13 of 18
City of Centerville
March 27, 2002
Council Minutes
4. Employment Policies
Ms. Moore-Sykes indicated that with all the activities going on at City Hall she had
looked at the. employment policy but had not started to incorporate any ideas into it. She
then indicated she had spoken to the auditor and he is in support of it.
VIII. NEW BUSINESS
1. Centerville Polling Location for the 2002 Elections (Centerville Elementary)
Ms. Moore-Sykes indicated the Clerk had requested that Council consider moving the
polling location to the school because City Hall is not large enough to support a polling
location.
Council Member Capra asked Staff to contact the principal of the school to determine
whether there would be any issues concerning safety or security because the person
contacted by Staff is the facility use coordinator not the principal.
Motion by Council Member Broussard Vickers. seconded by Mayor Swedbere to
approve movine the Centerville llolline location to the Centerville Elementary
School pendine approval by the school. All in favor. Motion carried unanimously.
2. Earth Day Promotional Items (Update)
Ms. Moore-Sykes indicated the City had received a memo from Peggy Baumann
requesting that the City donate $537.50 of its SCORE Grant for earth day events,
Council Member Broussard Vickers asked if there were funds available.
Ms. Moore-Sykes indicated the City had received $15,000 from the County for recycling
programs.
Council Member Capra asked Staff to determine where Ms. Baumann is from and
whether or not the funds would be used for the Wargo Nature Center Earth Day program.
Motion by Council Member Broussard Vickers. seconded by Council Member
Travis to approve an amount up to 5600.00 to the facilitators of earth day to be used
for the promotion of earth day activities for the benefit of Centerville.
Council Member Capra suggested a friendly amendment to require that the funds be
spent on earth day promotion for the benefit of the community of Centerville.
Ms. Moore-Sykes indicated she would look into the matter.
All in favor. Motion carried unanimously.
Page 14 of 18
City of Centerville
March 27, 2002
Council Minutes
IX. CONSENT AGENDA
1. The City ofCenterville March 14,2002 through March 27, 2002 Expenditures.
2. Centennial Fire District Expenditures
3. Resolution #02-008 (Lift Station #1 Renovation)
4. Citizen/Business of the Year
Council indicated that the citizen of the year is Jerry Helmbrecht and the business of the
year is Craig Bode from Main Street Bank.
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to approve the Consent Aeenda as presented. All in favor. Motion carried
unanimously.
X. COMMITTEE REPORTS
Council Member Broussard Vickers reported that the Parks and Recreation Commission
had received information that the County had received funding for widening County
Road 14 to four lanes from 35W to 35E and is scheduled to begin construction in 2005 or
2006.
Mayor Swedberg indicated the City would be discussing the matter with the County.
Mayor Swedberg asked Ms. Moore-Sykes to write a letter to County Commissioner
Langfeld to request further information on the project.
Council Member Capra indicated the Cable Commission did not meet due to lack of a
quorum.
Ms. Moore-Sykes indicated that the Economic Development Commission had asked if
there was money or grants available for water downtown.
Council Member Capra indicated she had told them there was no money in the budget but
said Council would be reviewing the matter in August during budget negotiations. She
then indicated the Commission would like to pursue the option of grants because the
Commission feels water downtown would greatly increase the business opportunities.
Council Member Capra indicated that the Commission discussed having its business
appreciation dinner on May 21,2002.
Council Member Capra reported that the Commission discussed volunteer appreciation
day and wants to keep the business appreciation dinner separate.
Page 15 of 18
City of Centerville
March 27, 2002
Council Minutes
XI. ADMINISTRATOR'S REPORT
1. Deferred Comp Report
City Attorney Hoeft reported that Mr. McDonald and Mr. Heefuer had prepared a draft of
the letter to the Attorney General and he will be reviewing it shortly.
Council Member Capra asked whether the IRS had been contacted.
City Attorney Hoeft indicated he had not talked to Mr. Heefuer but will ask him about the
IRS situation.
2. Finance Director (Update)
Ms. Moore-Sykes reported the City would be conducting interviews from 10: 15 a.m. to
3: 15 p.m. on March 28, 2002 for four candidates. She then asked that Council be at City
Hall by 9:45 p.m. to discuss how she likes to run interviews.
3. Logis (Update)
Ms. Moore-Sykes provided Council with a report from Logis. She then pointed out that
the major computer concern for the City is that the backups are not adequate enough to
provide for retrieval in the event of a major meltdown. She also indicated that the City
would need a network server to do an adequate backup and said the City has no current
antivirus software.
Ms. Moore-Sykes suggested using the $17,000 from the intern's position.
Mayor Swedberg expressed concern that, when creating this much hardware, the City
would be creating a systems administrator position to run this system.
Ms. Moore-Sykes indicated that the joint powers agreement between the cities allows for
more purchasing power as well as technical support but it comes with a price. She then
said she had provided the information for review and it would be discussed further at a
later date.
Council Member Nelson said she would like to wait until the City knows what its
liabilities will be.
Council Member Broussard Vickers asked how long it would take to implement the
system if it is approved. Ms. Moore-Sykes indicated it would take three or four months
to implement the system.
Council Member Nelson clarified the City is backing up and is not at risk of losing
information.
Page 16 of 18
#
City of Centerville
March 27, 2002
Council Minutes
4.
ABDO. ABDO. Eick & Meyers (2001 Audit- March 25 - 27.2002) Update)
Ms. Moore-Sykes reported that the audit was moved up and should be finished by Friday.
Council recessed to executive session at 9;45 p.m.
Discussion ensued regarding the performance evaluation of the City Clerk. No formal
action was taken.
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to adjourn the Executive Session at 10:07 p.m. All in favor. Motion carried
unanimously.
The regularly scheduled Council meeting was reconvened at 10:07 p.m. Council directed
the City Administrator to place the step increase for the City Clerk on the Consent
Agenda for the April 10, 2002 Council meeting.
Council discussed issues regarding the non-exempt status of the Public Works Director.
Council member Nelson stated that she felt that the non-exempt status of the Public
Works Director needed to be examined and researched. It was her feeling that Mr. Palzer
should have an exempt status if it is determined that it is what his status should be.
Ms. Moore-Sykes stated that the Council needed to weigh the issue carefully as Mr.
Palzer is against having his status modified and the City may lose a valuable employee.
Councilmember Broussard Vickers indicated that if it is determined that that position is
indeed exempt, then that exempt status should be implemented with the next Public
Works Director. She indicated that she would not be in favor of changing to an exempt
status for Mr. Palzer.
Council members Capra and Travis also indicated that they would be in favor of
evaluating the exempt status of the position rather than the incumbent. Councilmember
Travis did feel that the $3,000 to $4,000 of overtime is substantial enough to merit a
review of the position.
Mr. Hoeft indicated that he could do the evaluation and when asked about the cost to do
this investigation, he stated that it would be about $300 to $500. Council directed Staff
and the City Attorney to look into the issues. Council also requested that Ms. Moore-
Sykes check with the Public Works Director about his building inspection duties and
resultant overtime.
XII. ADJOURNMENT
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to adjourn the March 27. 2002 City Council meetin~ at 10:30 p.m. All in
favor. Motion carried unanimously.
Page 17 of 18
..
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
City of CenterviIle
March 27, 2002
Council Minutes
Page 18 of 18
.,
city ofCebtl:rville
Council Meeting Minutes
April 10, 2002
CITY OF CENTERVILLE
CITY COUNCIL MEETING
APRIL 10, 2002
6:30 p.m.
Pursuant to due call and notice thereof; the City of Centerville held their regularly scheduled
meeting on April 1 0, 2002, at City Hall, 1880 Main Street.
PRESENT:
ABSENT:
STAFF:
city Administrator, Ms. Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. rnnHoeft
I. CALL TO ORDER
Mayor Swedberg called the April 1 0, 2002, City Council meeting to order at 6:32 p.m
ll. SET AGENDA
Motion by Council Member Broussard Vicken. seconded by Council Member
Tnvis to approve the allenda as presented. AU in favor. Motion carri~
unanimously.
ID. PUBLIC HEARING(S)
1. Anoka CoUIl\Y Board of Review
Mayor Swedberg explained that the Anoka County Board of Review was at the meeting
to discuss property valuation upon which taxes are based.
Crystal Huss and John Leon from the $oka County Assessor's Office were at the
meeting. Ms. Huss explained that valuations had gone up in the County between 15 and
200A. due to the strong housing market.
Ms. Huss pointed out on a map the areas appraised last year and the areas to be
completed this year. She then commented that a basic house sells for $172,000 and
pointed out in the handout the definition of how market value is determined.
Page 1 of 16
City ofCen1mville
Council Meeting Minutes
April 10, 2002
Council Member Nelson asked what years the pink and green shacting on the map
referred to. Ms. Russ indicated that the pink shaded areas were for 2003 and the green
shaded areas were for 2004.
Mayor Swedberg opened the public hearing for the board of review at 6:37 p.rn.
A resident in attendance asked how the County arrived at the amount to increase
valuation.
Ms. Russ indicated that the valuation increases are based on housing sales. She
explained that the state requires the valuation to be within 90 to 105% of what the house
would sell for in the market. She then explained that last year's average increase was 8%
and this year the increases have been as much as 20010.
IV. APPEARANCES/A WARDS
None.
v. CONSIDERAtION OF MINUTES
1. March 27. 2002. Council Meeting Minutes
Mayor Swedberg requested that the second paragraph on Page 16 concerning the types of
software be removed.
Motion by Couneil MelDber Nelson. seconded bv Council MelDber Capn to
approve the Marcil"'. "002 Council Minutes as aDleaded. AU in favor. Motion
carried unanilDously.
VI. PETITIONS AND COMPLAINTS
None.
vu. OLD BUSINESS
1. Personnel Flow Chart
Ms. Moore-Sykes indicated Council Member Capra bad asked if Council bad formally
adopted the personnel flow chart. She then presented it to Council for consideration.
Council Member Nelson said she thinks it is the responsibility of Council to approve the
organizational chart. She then said she did not think Council had approved an additional
office clerk as indicated on the chart provided.
Page 2 of16
city ofCenanille
Council Meetins Minutal
April 10, 2002
Ms. Moore-Sykes indicated that the position is listed as a possible future position and
said she was not sure that it was necessary for Council to adopt the flow chart because it
is subject to change.
Council Member Nelson presented another flow chart and asked Ms. Moore-Sykes to
consider using it.
Mayor Swedberg suggested holding off on approval of the flow chart until the personnel
policy is up and ronning.
2. Charitable Gambling (Spring Lake Park Lion's & Dead Broke Saddle Club)
Council Member Capra indicate<l she bad serious concerns regarding the discussions with
the Centerville Lions at the last meeting and explained she bad contacted the Minnesota
Gambling Control Board to discuss it. She then said that it seems the City needs to
amend its ordinance to be able to collect 100'" of the monies and leave the handling of the
other monies to the Spring Lake Park Lions. She also noted that Dead Broke Saddle
Club was correct when the organization said it thought only 1 0% of the profits were to
come to the City.
City Attorney Hoeft indicated that the statute allows the City to receive up to 1 0% as a
donation to the City and the City's ordinance requires that 500.10 be spent within the trade
area.
Council Member Capra suggested narrowing the trade area to border cities to keep the
funds closer to the City.
Council Member Nelson said she would like to have the trade area include Hugo and
Lino Lakes not Forest Lake and Blaine.
Council Member Capra explained that any organization within the trade area can solicit
the Lions for those monies raised in Centerville through charitable gambling. She then
said she would like to see the trade area include Centerville, Lino Lakes and Hugo. She
further commented that this may be a way for Centerville's Park and Recreation
Commission to solicit funds for park improvements.
Council Member Broussard Vickers suggested that this discussion should be heard at a
public hearing to amend the ordinance.
Council Member Capra asked Staff to check with surrounding cities to determine what
the trade areas are.
Council Member Nelson asked if the City was to make changes to the ordinance and then
hold a public hearing.
Page 3 of16
City ofCenterville
Council Meeti08 Minutes
April 10, 2002
city Attorney Hoeft indicated that changes to ~ ordinance should be brought forward
and discussed at the public hearing. He then said the changes seemed pretty
straightforward andt ifnecessaryt he would work with Staff to amend the ordinance.
Mayor Swedberg connnented that the City bas money sitting in a fund and asked what
the City is to do with that money.
City Attorney Hoeft indicated the City does not need to have the l00A rule in its
ordinance in order for a charitable organ17.ation to donate l00A to the City. He then said
the issue is once the money comes to the City what can it be used for.
Council Member Capra indicated she had discussed lawful use of the money with Alice
Jacobs and Ms. Jacobs was concerned after reviewing the minutes from the last meeting
because it appeared that the Spring Lake Park Lions were giving money to Centervil1e for
a project for the Centerville Lions and that the Cent~ Lions felt they had entitlement
to those funds.
Council Member Broussard Vickers indicated that the Centervi1le Lions want the money
spent on a facility in the park for the benefit of the City not for the Lions.
Council Member Nelson connnented that the City never said it wanted to build a
concession stand in LaMotte Park.
Council Member Broussard Vickers indicated that at the time this situation began it was
the intent to construct a concession stand at the park. She then said the City could give
the funds to the 50lC3 corporation allowing the Lions to use the funds to build the park
shelter.
Mayor Swedberg connnented that no other residents bad come to meet with the Anoka
County Board of Review and suggested closing the public hearing.
Motion by Council MeDlber Broussard Vieke.,.. seconded bv Council Member
Nelson to close the Anoka County Board of Review public hearin2. AU in favor.
Motion earried unaniDlously.
Mayor Swedberg closed the public hearing at 7:00 p.m.
City Attorney Hoeft advised that the money was donated to the City and from a legal
standpoint the City may determine how that money is used. He further commented that it
may be a good idea to respect the wishes of the person or entity donating funds to the
City if the City wants to continue to receive donations but noted the City is not obligated
to do so. He also connnented that there may have been an underst.mvJiTlg of how those
funds would be spent and the additional step of trying to give recognition to the
eenterville Lions bas muddied up the waters.
Page 4 of16
City ofCeoterville
Council MeetiDg Minutes
April 10, 2002
Council Member Nelson said the issue of having this concession stand came up when
former City Administrator March brought up that the Lions wanted to donate the labor to
build the structure and wanted the City to donate the funds to purchase the materials. She
also conunented that Mr. March bad applied for a grant for the concession stand but the
grant was not received. She further commented that the Council bad never agreed that it
wanted to build a concession stand at LaMotte Park and her vote would be not to do so.
Council Member Nelson indicated she was confused at the last meeting and thought that
the money was not City money but belonged to the Lions when in reality it is City money
for Council to determine how to use.
Mayor Swedberg asked whether the money that is sitting in the City's account was the
I ()O~ requirement or the 5()o~ requirement.
City Attorney Hoeft indicated the funds represented the 50% requirement. He then
clarified that the Spring Lake Park Lions have been giving the City the 10% plus the
other 40% that was to be spent in the trade area in order to help the Centerville Lions
build the park structure at LaMotte Park.
Council Member Capra indicated the City could spend the funds in any of the lawful
ways as listed by the Gambling Control Board.
Council Member Broussard Vickers indicated that the 501 C3 is a lawful use.
City Attorney Hoeft indicated that the City has the ability to give the money to any
organization provided the use qualifies as use for a public purpose. He then said,
however, the City has a policy of not giving to any organizations because it is difficuh to
do so :tBirly. Mr. Hoeft then said he would be more comfortable if the City used the funds
to build the pavilion if that is the desire of Council rather than giving the money to the
Lions to do so.
Council Member Capra expressed concern with the City donating the funds to the
Centerville Lions because it may not be a lawful use of public funds.
Council Member Broussard Vickers commented that ~ reason the City discussed giving
the funds to the 50lC3 was to get out of the business of housing the funds because the
Lions thoupt the City was holding the funds until enough accumulated to build a
pavilion.
City Attorney Hoeft commented that the Lions should have a concern about money
sitting in City funds or about giving more money to the City after he bad told them that,
even if this Council comes to an understanding with them, the next Council may not do
so. He then commented that something the executive director of the Gambling Control
Board does not state in the newsletter is that once the money is given to the City it is up
to Council to determine what that money is used for. He further commented that it is
unfortunate in this situation that the Lions bad conversations with Staff and the
Page 5 of16
City ofCenteMlle
Council Meeting Minutes
April 10, 2002
administration that led them to believe the funds would be used for building a paviJion
and, if that is not done~ it could result in bard feelings.
Council Member Broussard Vickers indicated the Lions could stop giving the City
money.
city Attorney Hoeft indicated that the Lions are not required to give the City anything
under the current ordinance.
Council Member Capra ~ested the City continue to receive the 100.10 to be spent
however Council wishes and let the Spring Lake Park Lions administer the remaining
400.10 that is to be spent in the trade area.
Council Member Broussard Vickers asked what the City was to do with the funds that are
currently available.
Council Member Capra said she feels the Spring Lake Park Lions gain something by
having pull tabs in Centerville.
City Attorney Hoeft commented the reason that they want additional locations is because
they are making money.
Mayor Swedberg asked how long the money had been accumulating. He then said, by
his calculations, the City does not receive enough money to warrant the costs to
administrate it.
Council Member Broussard Vickers clarified that the City is to receive 10% of the
profits.
Mayor Swedberg said he does not want the City to have the money because he does not
view government as a charity and he would prefer that the money go to volunteer
organizations.
Council Member Broussard Vickers asked what the City was going to do with the money
it currently bas.
Council Member Nelson said she would like to see the money used to benefit the City by
having it used in the parks somehow.
Council Member Travis indicated he would like to see a concession stand at LaMotte
Park.
Council Member Broussard Vickers indicated that if money bad been available at the
time that the Parks and Recreation Committee considered this it would have been their
recommendation to construct the pavilion. She then asked what the City is to do with
regard to the $1,900 that was incorrectly sent to the City.
Page 6 of16
City ofCeoterviJle
Council Meeting Minutes
April 10, 2002
Council Member Capra read the minutes from the last Council meeting where Mr. Bisek
explained that the' $1,900 was the proceeds from a raffle of a four wheeler and that
money was to be used to pay off the four wheeler purchase.
City Attorney Hoeft indicated that from a legal standpoint the $1,900 is the City's money
and Council needs to decide what to do with it.
Council Member Nelson indicated that there is already a concession stand at LaMotte
Park and she does not feel it is necessary to put in an elaborate structure with meeting
space above it for the Lions.
Council Member Capra expressed concern with the filet that the concession stand at Lake
Harriet was recently turned over to the Dairy Queen because the City could not make a
go of it and that is a much larger City. She then commented that $50,000 for a structure
that may only be used a few times per year may not be a wise use of City funds.
Council Member Broussard Vickers indicated that the Park and Recreation Committee
had agreed to allow the Lioness Branch to ~n concessions every night that Little League
bas games at the Park.
Mayor Swedberg indicated that the Parks and Recreation Committee is an advisory board
and bas no authority to authorize use of the City's building.
Council Member Broussard Vickers indicated that the Lioness Branch is to use the
concession stand during Little League games at the Park and will give 25% of its
proceeds to the Park and Recreation Committee.
Council Member Nelson said she bas trouble with an advisory board making these types
of decisions that Council is not even aware of.
City Attorney Hoeft agreed that he had concerns about an advisory board authorizing use
of City property. He then said that from a liability standpoint it would be more
appropriate for Council to make that determination.
Council Member Broussard Vickers indicated the Park and Recreation Committee was to
be looking at the schedule for the games.
Council Member Capra asked whether there would be health codes to meet. City
Attorney Hoeft said selling packaged food should not be an issue.
Council Member Capra indicated she would want to know whether there would be any
health department liability or whether the City would be responsible because it is City
property.
Page 7 of16
city ofCenterville
Council Meeting Minutes
April 10, 2002
Mayor Swedberg asked whether Council wants to have the lOOA>> come to the City in the
future or get out of it entirely.
Council Member Travis indicated he felt the City should get out of the 5OOA>> but keep the
l00A>> to be used however Council sees fit under the lawful purposes.
It was the consensus of Council to continue receiving the 10% but get out of the practice
ofholcting the 50%.
Council Member Capra indicated she would like the Lions to work with the Park and
Recreation Committee to construct the pavilion so that the City is actually expending the
money rather than giving it to the Lions.
City Attorney Hoeft indicated that the Park and Recreation Committee should be advised
that they are an advisory board and need to come to Council for approvals.
Council Member Broussard Vickers indicated she would not be able to attend the next
Park and Recreation Committee meeting.
3.
Resolution #02-009 (Establishin~ Centerville's ponin~ Place
Motion bv Council Member Nelson. seconded bv Council Member Brmlssard
Vickers to approve Resolution ##02-009 as presented. AD in favor. Motion earried
Q.llanimously .
Council Member Travis asked if Staff bad discussed this matter with the school.
Ms. Moore-Sykes indicated that Staff bad spoken to the Facility Director and, upon
direction from Council, bad also received approval from the Principal of the school.
4. Ordinance #68 Legal Publishine-
Ms. Moore-Sykes indicated that the City had received the legal description for the no
wake line from Mr. PelTY and noted Staffwould be publishing the Ordinance.
Council Member Capra commented that the Ordinance contained a fine and she had
thought Council asked not to have a fine amount listed.
City Attorney Hoeft indicated that it was okay to leave the fine amount in the Ordinance
because the ordinance was to be reviewed prior to the next time the fine amount would be
raised.
5. Moreland & Baron
City Attorney Hoeft reported that the Baron's bad remedied the situations on their
property that the citation was based on. He then indicated that there are other issues that
Page 9 of16
.
city ofCenterville
Council Meeting Minu1es
April 10, 2002
City Attorney Hoeft indicated Council could make the requirement that the Lioness
Branch must have a County liealth permit, if required.
Council Member Capra asked whether the City sells popcorn and hot chocolate or gives it
away at the warming house. No one was able to answer the question.
Mayor Swedberg indicated he would be more comfortable if no money went back to the
City for the use of the lBcility.
Council Member Nelson indicated that the City had looked at charging to use the lBcility
ib order to recover some of the City's cost.
Council Member Broussard Vickers chuified that the Lions Auxiliary Branch would be
running the concessions not the Little League. She further cJari:.tied that a portion of the
monies would go to the City for Park and Recreation and the remainirtg funds would be
used for Lion charities.
Council Member Capra asked whether the Park and Recreation Committee wants a
concession stand at LaMotte Park. Council Member Broussard Vickers indicated that the
CoIJUDittee does want the concession stand at LaMotte Park.
.
Mayor Swedberg suggested tabling the discussion for consideration at another till}e.
Council Member Nelson said she would like to have people petition for funds and let
Council decide what to do.
Council Member Capra indicated she was not opposed to a structure in the park but said
she is not sure what type of structure that should be. She then indicated she would like
the Lions to come to Council to provide more information on the type of structure to be
constructed.
Council Member Broussard Vickers said she would like Council to ask the Park and
Recreation Committee what type of structure it wants.
Council Member Capra said she would like to see the Lions work with the P~k and
Recreation Committee. Council Member Broussard Vickers commented that the two
groups bad worked together on the matter before the money was available.
Council Member Capra indicated that the plan had been changed from the initial design
because when it first started it was to be a pavilion and now it is a concession stand.
Council Member Broussard Vickers suggested inviting the Lions back to discuss the
matter with the Park and Recreation Committee. She then said that she is not in favor of
disbursing the money to any other organization because the intent was to use the money
for the pavilion at LaMotte Park.
.
Page 80f16
.
.
.
City ofCallerville
Council Meeting Min,*,
April 10, 2002
needed to be addressed and Mr. Palzer is working with the Barons on those and is to
inform him if there is a need to issue a citation for noncompliance.
city Attorney Hoeft reported that the Moreland citation went to court in late summer or
early fiill and the party did not show up so a formal complaint was issued and a new court
date issued. He then said he is not sure what the outcome of that court date was and his
staff is researching whether there is a warrant issued for this person.
Council Member Nelson asked how the Hasiak property was progressing.
Ms. Moore-Sykes indicated that Mr. Palzer and Mr. Cook bad informed her this
afternoon that all the inspections have been completed at the Hasiak property and the
certificate of occupancy issued.
6. Volunteer Reco~ion Picnic
Council Member Capra asked for feedback on the draft invitation provided to Council.
She then asked whether Council wanted to invite only those residents on the list or open
it up to the public to recognize those that have volunteered and promote volunteering for
those that have not. She then said she bad checked into the price of a helium tank to fill
balloons for the kids and had prices for hotdogs, buns, lemonade, chips and paper
products.
Council Member Capra said that she is looking for volunteers to assist with the
recognition picnic.
Council Member Broussard Vickers indicated that the Park and Recreation Committee is
looking for adult volunteer help during the open hours at the skate park because the City
does not have funds available to staff the skate park full time. She then explained that, if
the problems continue, the skate park would be permanently closed and the equipment
sold.
Mayor Swedberg said he would like to acknowledge those residents that have
volunteered in the newspaper.
Council Member Broussard Vickers suggested there are those volunteers who may not
want their names listed in the newspaper and then suggested that an article in the paper
than1cil1g volunteers would be more appropriate.
Council Member Capra indicated she is having a bard time obtaining names for the
invitations and would be afraid that, if names were listed in the paper, someone would be
left off the list and have their feelings hurt.
Council Member Capra said she would like to have an ad in the newspaper during
National Volunteer Week to th$Jk residents for volunteering. She then asked if Council
was interested in opening up the picnic to all residents to promote volunteering.
Page 10 of 16
CityofCeuterville
Council Meding Minutes
April 10, 2002
Mayor Swedberg asked that the Police Department be invited to the picnic to promote the
neighborhood watch program.
Council Member Broussard Vickers suggested doing a general invitation to all residents
to save money on postage.
Council Member Capra indicated she would like to personally invite those residents that
are to be honored with plaques.
Council Member Nelson said she felt the invitation and postage fur actual volunteers is a
good expense and she would like them all to be invited.
Council Member Capra asked fur approval to open up the invitation to the general public
and noted she would plan fur 300 hotdogs.
Motion by Council Member ~ebon. seconded by Council Member Capra to
approve an amount UP to $700.00 for the expenses involved with the Volunteer
Rec02nition Picnic dunnS! National Volunteer Week. AU in favor. Motion carried
unanimously.
7. ElllPloyment Policies
Ms. Moore-Sykes reported that she bad reviewed all the employment policies that
Council Member Nelson put together and has started a Centerville suggestion policy.
Council Member Nelson asked when Ms. Moore-Sykes would be completed with the
project.
Ms. Moore-Sykes explained it would be difficult to give a firm date for completion due to
her other duties and the many interruptions she faces during the day but said she would
have it completed within the two-month timeftame allotted by Council.
VID. NEW BUSINESS
I. Centerville Lion's Request for R~ Button SUpj)1ies
Council Member Capra indicated she had received an e-mail from the Lions asking that
Council consider donating the leftover buttons from the Festival last year. She then
suggested the City also donate the wrist bands used to identify age for drinking
Motion by CouneiUJeDlber Capra. seeonded by Council Member Travis to approve
donation of the leftover buttons and wrist bands to the Lions as requested. AU in
favor. Motion carried unanimously.
Page 11 of16
CityofCenamne
Council Meeting MiDutlls
April 10, 2002
2. Resolution #02-010 @.e-EstablishinV Centerville's Vo~ frecinct
Motion bY Council Member Travis.. seconded by Council Member Broussard
Vickers to approve Resolution ##02-010 as presented.
Ms. Moore-Sykes explained that the law requires the City to re-establish its voting
precinct due to the recent redistricting.
Vote: AD in favor. Motion earried unanimously.
3. Donation ofRemaipiTlV Earth Supplies to Wargo Nature Center
Motion by Council Member Broussard Vkke~ seconded by Council Member
Nelson to dODate tile ~ftoyer plastic refuse baD and tile adllesive coated eaDvas
baD to be used by Wal'2o Nature Center in coniunetto. witll tile Eartll Day
celebration. AD in favor. Motion earried unanimouslv.
4. Noqpoint E4ucation for Municipal Officials
Ms. Moore-Sykes indicated she bad attended a recent seminar concerning water quality
issues. She then explained that this training recommended silt fencing at every lot as well
as gravel driveways at every lot. She further stated that doing so would eliminate the
City's issue with winter closings and the mud that is tracked out onto the streets causing a
public health issue.
Council Member Capra suggested a joint Pbmning Commission and Council meeting and
scheduling the training for that meeting.
Ms. Moore-Sykes indicated that another recommendation was 10 feet of sod along the
boulevard to help with erosion.
Council Member Travis commented that the City had discussed these matters and
decided to implement them but there was some confusion and that did not happen with
the developer's agreements.
Ms. Moore-Sykes indicated that Mr. PaJzer does not get a copy of the developer's
agreement and it would be easier to have the requirements included with the enforcement
policy or as a City Ordinance.
City Attorney Hoeft indicated that the Ordinance should be changed because the
developer's contract mirrors OrdinanceS 4A and 8. He then said that the outstanding
developer's agreements could be changed to include that language before presented to the
developers and Council for approval.
Page 12 of16
City ofCen1erViIIe
Council Meeting Minutes
Apnl10,2oo2
It was the consent of Council to have Staff contact the Chair of the Planning and Zoning
Commission to discuss a date to hold the training.
5. Purchase of Tables
Council Member Capra explained that the City's tables are coming apart due to being
stored in the well room which is danlp. She then asked for permission to purchase tables
from Sam's Club that are all plastic and would not suffer from being stored in damp
conditions.
Council Member Nelson said she feels the City needs tables because there is not enough
room to accommodate large meetings.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve the purchase of eie:ht (8) white plastic tables for a maximum amount of
$500.00.
Mayor Swedberg asked where the money to purchase the tables would come from.
Ms. Moore-Sykes indicated that the money could come from the budget for office
supplies.
Vote: Ayes - 3. Navs - 2 (TravisIBroussard Vickers). Motion carried.
6. Cablecasting ofPlanninV & Zoning Commission Meetings
Mayor Swedberg suggested that all Planning and Zoning Commission meetings that have
public hearings be cablecast. He also suggested that any City meeting where a public
hearing is held be cablecast.
Council Member Broussard Vickers commented that the Planning and Zoning
Commission has never liked the idea of cablecasting its meetings.
Motion bv Mavor Swedbere:. seconded by Council Member Nelson to approve
cablecastin2 of any meetine: that contains a public hearinS!. Ayes - 3. Nays - 2
(TravisIBroussard Vickers). Motion carried.
Council Member Travis indicated he felt that the Planning Commission should be asked
for its opinion on cablecasting meetings before Council decides to do so.
IX. CONSENT AGENDA
1. The City of Centerville March 28, 2002 through April 1 0, 2002 Expenditures.
2. Centennial Fire District Expenditures
3. Resolution #02-011 (Dissolving the Fete des Lacs Committee
Page 13 of 16
city ofCenterville
Council Meeting Minutes
April! 0, 2002
4. Consideration of Step Increase from Step2/Grade 6 to Step 3/Grade 6 for the City
Clerk.
Motion bv Council Member Travis. seconded
approve the Consent Ae:enda as presented.
unanimouslv.
by Council Member Nelson to
All in favor. Motion carried
x. COMMITTEE REPORTS
Council Member Travis reported that the Planning Commission and the three Council
Members in attendance at the meeting had gone through Ordinance #4 page by page and
addressed all of the Mayor's concerns.
Council Member Nelson asked whether Mr. Palzer was working on combining some of
the sections as requested by the Commission.
Council Member Travis reported that Corbar Companies would be coming to Council for
approval of a building in the industrial park.
Council Member Nelson indicated that the EDC was seeking assistance from Staff.
Ms. Moore-Sykes asked that the Chair call her with any requests. She then said that Staff
time is at a premium right now because they are trying to process the utility bills
Mayor Swedberg reported that the Police Commission meeting was scheduled for
Thursday, April 11, 2002.
COWlcil Member Capra reported she had attended the EDC meeting to discuss the
recognition picnic and the Planning and Zoning Commission meeting to discuss
Ordinance #4. She then reported that Ms. Donnelly-Cohen from AT&T had worked with
her and Ms. Moore-Sykes to resolve a cable issue for a resident.
Council Member Broussard Vickers reported that the Parks and Recreation Committee
had discussed allowing the Lioness Branch to rWl concessions during Little League
games. She then noted there was a flier being sent out in utility bills to solicit volunteers
to help supervise the skate park. She also explained that if the police report serious
problems at the skate park Council may shut down the park without approval of the Parks
and Recreation Committee.
Mayor Swedberg asked if there would be a better spot for the skate park.
Council Member Broussard Vickers suggested that no matter where the City were to put
the equipment the same individuals would be there to use it and that is the issue not the
location.
Page 14 of16
Cily ofCente<ville
Council Meeting Minu....
April I 0, 2002
XI.
ADMINISTRATOR'S REPORT
1. Deferred Comp Report
This matter is still pending. No report.
2. Finance Director
The position has been filled.
3. ABDO. ABDO. Eick & Meyer
The audit is completed and the Auditor will meet with the new Finance Director to
discuss his findings.
4. MACTA Work Session
Ms. Moore-Sykes indicated that Council Member Capra and the City Clerk are interested
in attending the work session scheduled for May 3, 2002.
Council Member CaJtra indicated she was told it would be beneficial to have
representatives at that work session.
Council Member Nelson requested an update on the exempt status of the public works
director.
City Attorney Hoeft indicated he had seen a draft document in his in box upon returning
from vacation and said he would review it and provide something for Council review at
the next meeting.
Council Member Nelson asked if the website was up and running.
Ms. Moore-Sykes explained that the website was not up and running yet but noted that
Ms. Stephan is devoting one to two hours per day to getting to know the system.
Council Member Nelson asked whether it would be possible to have the City put
something in the newspaper to keep residents informed such as the week in review.
Ms. Moore-Sykes reported that the skate park flier and a garage sale survey were being
sent out with the utility billing.
Ms. Moore-Sykes noted that Earth Day for the Quad Cities is being celebrated on April
20, 2002 at Wargo Nature Center.
Page 15 of 16
... I"
city ofCeuterville
Council Meeting Minutes
April 10, 2002
Ms. Moore-Sykes indicated that garage sale days would be May 15, 2002 with May 18,
2002 as clean up day. She then noted that the Clerk has made arrangements for vendors
to handle recyclables.
Ms. Moore-Sykes reported that Staff had met with Main Street Bank in an effort to
establish debit and credit card payment ability at City Hall.
Ms. Moore-Sykes reported that there has been an issue with Otter Lake Animal Control
not collecting the fees per City Ordinance and noted that, with the contract up for
renewal, Staff would attempt to address the matter.
Ms. Moore-Sykes indicated the Public Works Director had asked if there was an interest
from Council to look into continuing with Phase n of Chauncy Barrett. She then
commented that there is a waiting list of more than 60 people.
It was the consent of Council that they wished to proceed with Phase n of Chauncy
Barrett.
Ms. Moore-Sykes reminded Council that her six month review is due on April 22, 2002
and said she would get the forms out to Council.
XU. ADJOURNMENT
Motion bv Council Member Travis. seconded bv Council Member Capra to adjourn
the April 10. 2002 City Council MeetinS! at 8:25 p.m. All in favor. Motion carried
unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Cif.f Site Secretarial, Inc.
Page 16 of 16
-'I
City of Centerville
City Council Meeting Minutes
April 24, 2002
CITY OF CENTERVILLE
CITY COUNCIL MEETING
APRIL 24, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on April 24, 2002, at City Hall, 1880 Main Street.
PRESENT:
Mayor Tim Swedberg d
Council Member Dick Travis
Council Member Mary Capra
Council Memb" Mari Nelson ffJj, ~ '€Aile
CouncilMemba'~~e~W .
None. rrF
City Administrator Ms. Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
ABSENT:
STAFF:
I. CALL TO ORDER
Mayor Swedberg called the April 24, 2002, City Council meeting to order at 6:30 p.m.
II. SET AGENDA
Ms. Moore-Sykes requested that Karla DeVine be added under Appearances and Awards.
Mayor Swedberg requested that discussion of the police memo be heard under new
business.
Motion bv Council Member Broussard Vickers. seconded bv
Travis to approve the al!enda as amended. All in favor.
unanimously.
Council Member
Motion carried
III. PUBLIC HEARlNG(S)
None.
IV. APPEARANCES/AWARDS
I. Mr. Jerry Helmbrecht - Citizen of the Year Award
Mayor Swedberg presented Mr. Helmbrecht with the Citizen of the Year Award.
Page 1 of 11
City of Centerville
City Council Meeting Minutes
April 24, 2002
2. Senator Michele Bachmann
Senator Bachmann addressed Council and explained that Centerville had been moved
into her district with the recent shifting of district lines. She then invited Council and any
residents to contact her at any time with any issues they may have.
3. Mr. Llovd Drilling
Mr. Drilling addressed Council and indicated he may need to lower the berm by one foot
to aid in drainage.
Mr. Peterson asked if Mr. Drilling would be able to get the lot to drain in the east west
direction. Mr. Drilling indicated he was going to try to do so by constructing a swale that
would help the water flow toward the catch basin. He also indicated he had been
discussing the matter with the neighbor and may have to fill in the neighbor's yard a bit
to get the water to flow to the catch basin.
Council Member Capra asked whether Council approval was needed for a change in the
plans. City Attorney Hoeft indicated that Council did not need to provide approval as
Mr. Drilling is working with City Staff on the matter.
Council Member Capra asked how Mr. Drilling intended to accommodate the water from
Mr. Engler's yard due to the flat elevation. Mr. Drilling indicated the original plan had
his water flowing west. He then said he would take care of Mr. Engler's water problem.
Council Member Capra asked if fixing Mr. Engler's yard would affect drainage on the
yard north of him. Mr. Drilling indicated the swale would be designed to flow west to
the catch basin.
Mr. Jerry Engler of7127 Shad Avenue indicated he had been discussing the matter with
Mr. Drilling and said that Mr. Drilling was to inform him when this matter was on
Council's agenda. He then explained that other residents in the area do not want the
grade ofthe berm lowered because the intent of the berm with a fence on it was to screen
the view of the building from the neighborhood. He further said he would like to see a
ditch behind the building to push the water to the catch basin.
Mr. Engler indicated he needed the corner stake put back in because he does not know
where his property line is without it. He then said he wants to make sure that his yard is
returned to its previous state. He further commented he felt Mr. Drilling was trying to
pull a fast one by not telling him about the meeting.
Mr. Peterson commented that the property is very flat and trying to get a decent grade
with a ditch behind it to get the water to flow to the catch basin may be difficult.
Page 2 of II
City of Centerville
City Council Meeting Minutes
April 24, 2002
Council Member Capra suggested Mr. Engler, Mr. Drilling and City Engineer Peterson
meet to discuss the drainage issue. All parties agreed to sit down and work out the
drainage issues.
Mr. Engler asked Council to look into the light at the video store because it is too bright
and shines in his bedroom window. He said he would like to have it turned off.
Ms. Moore-Sykes indicated she and Mr. Palzer would look into the matter.
Mr. Drilling said he was not trying to pull a fast one but wanted to run this proposal past
Council and Eagle Trucking before presenting it as an option to Mr. Engler. He then said
he could leave the berm there and is not planning on removing the fence but may need to
lower the grade some to achieve the proper drainage.
4. Emmons & Olivier Resources/Rice Creek Watershed District
Ms. Moore-Sykes indicated that Emmons & Olivier would not be able to attend the
meeting and had asked to be able to address Council during a work session.
Council agreed to invite Emmons & Olivier to the upcoming joint work session with the
Planning and Zoning Commission.
5. Mr. Dean Havel. Bald Eagle Water-Ski Club
Mayor Swedberg asked if it were necessary for Mr. Havel to appear before Council every
year for the permit. Mr. Havel indicated that the Sheriff's Department wants him to
appear before Council every year in the event there may be some complaints about the
ski jump.
Motion bv Mavor Swedberl!. seconded bv Council Member Capra to approve the
permit for Bald Eal!le Water-Ski Club for a water-ski iump as requested. All in
favor. Motion carried.
6. Ms. Amy Countrvrnan
Ms. Cindy Borr addressed Council and provided information on the upcoming American
Cancer Society - Centennial Area Relay. She then told a heartwarming story about
"pennies from heaven" and handed out a penny to each Council Member and those in the
audience.
Council asked that the information concerning the American Cancer Society - Centennial
Area Relay be placed on the cable channel.
7. Centerville Lions ($1.913 - Proceeds Fete des Lacs Raffle)
Page 3 of 11
City of Centerville
City Council Meeting Minutes
April 24, 2002
Ms. Kathy Peil, 18S9 - 73rd Street, addressed Council and asked that the City keep the
charitable gambling account open until the Lions are able to set up the SOlc3 foundation
to be able to receive funds from the Spring Lake Park Lions.
Council Member Travis indicated there is more to the situation than a simple request to
leave the account open.
Council Member Capra indicated she has concerns with regard to the discussion at the
last meeting because it sounded as if the City was laundering money from one Lions Club
to the other and the Minnesota Gambling Control Board agreed. She then said she would
like to have the funds designated as park and recreation funds and have the Lions work
with the Park and Recreation Committee to come up with a recommendation for Council
approval. She also indicated the ordinance needed to be revised.
Ms. Peil indicated the Lions have to empty out their accounts every year and the City
risks losing the $6,000 that has accumulated if there is no place to hold it.
Council Member Nelson commented that the City has not approved building the
structure.
Ms. Peil indicated that the Lions intend to go to the next Parks and Recreation Committee
meeting to meet with them and discuss what type of structure they would like to see.
Council Member Nelson read a sentence from the information provided by the Gambling
Control Board which indicates that the City should not be given funds for the purpose of
passing those funds along to an organization that the first party could not have legally
contributed to.
Ms. Peil indicated the City could hold the 10% but should use the 40% for the intent of
the donation. She then indicated the intent for those funds was to build a structure and
that is why the fund was set up to allow the funds to accumulate.
Council Member Nelson indicated she did not have a problem with holding the funds for
the Parks and Recreation Committee to use but she cautioned the Lions that the Parks and
Recreation Committee is an advisory board and Council would have the ultimate say as
to what the funds are used for.
Ms. Peil indicated the structure was dependent upon whether or not enough funds could
be accumulated. She then said that the City would lose the $6,000 if it is not accepted by
June 30, 2002.
Council Member Capra indicated she would like to see the ordinance revised to allow for
the 10% and would like to see the Parks and Recreation Committee request those funds.
Council Member Broussard Vickers indicated she would like to give the funds to the
SOIc3 as previously discussed and amend the ordinance. Council Member Capra
Page 4 of II
City of Centerville
City Council Meeting Minutes
April 24, 2002
indicated she has a problem with the City doing that especially in light of the fact that the
City is under scrutiny from the state with regard to the TIF situation and deferred compo
Council Member Broussard Vickers indicated the City is allowed to donate to a SOlc3.
Council Member Capra indicated the City has a policy of not donating to any
organizations.
Ms. Peil indicated the Lions are in the process of establishing the SOlc3 but said she is
not sure how long that will take and does not want the City to lose the $6,000.
City Attorney Hoeft indicated it would be most appropriate to have Council designate the
funds to be used for park and recreation with the ultimate decision as to how those funds
are used resting with Council.
Council Member Broussard Vickers indicated she felt the Lions were asking to find out
whether the City is interested in spending the funds on a structure for LaMotte Park. She
further commented the Lions are interested in knowing if the Council would vote to
approve use of the funds to back grant proposals in an attempt to obtain further funds to
build the structure.
City Attorney Hoeft cautioned the Lions that a consensus of Council is not the same as a
vote of Council and does not give any authority other than a representation of the
Members' thoughts.
Council Member Nelson indicated she would not vote for a concession stand at LaMotte
Park but said she would vote for some kind of area in any of the parks for picnic tables
and a place to cook food.
Council Member Capra indicated she was not opposed to renovations of the current
concession area and said she would like to see a platform with a roof over it and picnic
tables.
Ms. Peil asked what part of the ordinance would be changed. Council Member Capra
indicated the trade area would be changed and the ordinance would require 10% of the
profits go to the City.
City Attorney Hoeft clarified that the City's current ordinance says that up to SO% of the
profits should come to the trade area. He also clarified that the ordinance is not in
violation of state statute but simply does not address the City receiving 10%. He then
suggested that, if the City wishes to have the 10% coming in to the City, the ordinance
should be changed to reflect that.
It was the consent of Council that the ordinance should be amended to reflect the 10%
requirement.
Page S of 11
City of Centerville
City Council Meeting Minutes
April 24, 2002
Council Member Broussard Vickers indicated she would support a Parks and Recreation
Committee recommendation for use of the funds.
Council Member Travis indicated he would support a Park and Recreation Committee
recommendation for use of the funds.
City Attorney Hoeft indicated the City may want to accept the $6,000 from the Spring
Lake Park Lions if the Centerville Lions do not have the 501c3 foundation up and
running prior to the June 30, 2002 deadline.
Council Member Capra asked whether the Spring Lake Park Lions have the right to deny
requests for funds.
City Attorney Hoeft indicated the organization has the right to deny any request it wishes
to.
Carla DeVine addressed Council and indicated she was there to clear up the confusion
with regard to a motion made at the Parks and Recreation Committee meeting. She then
explained that Parks and Recreation had made a motion to recommend Council approval
for the Lions to run concessions during Little League games.
Council Member Broussard Vickers indicated she had said it wrong at the last Council
Meeting and Parks and Recreation had not approved the concessions, it was a
recommendation to Council for approval.
Ms. Peil indicated they would be using all packaged goods and would not be cooking.
Council Member Capra recommended the Lions Branch check with the Anoka County
Health Department because there may be some requirements.
Ms. Peil agreed to look into it.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Travis to allow the Lions Branch to sell concessions continl!ent on approval from the
Anoka County Health Department.
Council Member Nelson said she would like to add that the approval is contingent upon
the approval of the Anoka County Health Department.
Council Members Broussard Vickers and Travis consented to the addition.
Council Member Capra asked who would be responsible for opening and locking the
building. Ms. Peil indicated she intended to request a key for the concession season.
Ms. DeVine asked whether Council had a copy of the motion made by Parks and
Recreation. Council indicated it did not.
Page 6 of 11
City of Centerville
City Council Meeting Minutes
April 24, 2002
Council Member Capra indicated she would like to set a time limit on the concession
approval.
Ms. Peil indicated concessions would only be done during the Little League season.
Vote: All in favor. Motion carried unanimouslv.
Ms. Peil indicated the Spring Lake Park Lions mistakenly sent the City $1,913.00 that
was proceeds from the Fete des Lacs ratlle.
Motion bv Council Member Capra. seconded bv Council Member Broussard
Vickers to return the $1.913 to the Sprinl! Lake Park Lions. All in favor. Motion
carried unanimouslv.
Mayor Swedberg introduced Ms. Ellen Paulseth, the City's new Finance Director, and
welcomed her to the City.
V. CONSIDERATION OF MINUTES
1. April 1 O. 2002. Council Meeting Minutes
Council Member Capra requested the following change: On Page 10 of 16, second
paragraph change EDC to "she".
Council Member Broussard Vickers requested the following change: On Page 14 of 16,
third to last paragraph clarify her comment to be: If the police report serious problems at
the skate park Council may shut down the park without approval of the Parks and
Recreation Committee.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve the April 10. 2002 Council Minutes as amended. All in favor. Motion
carried unanimouslv.
Council recessed at 7:48 p.m.
Council reconvened at 7:55 p.m.
VI. PETITIONS AND COMPLAINTS
None.
VII. OLD BUSINESS
1. Centerville Lion's Gambling Funds/Ordinance #51
Page 7 of 11
City of Centerville
City Council Meeting Minutes
April 24, 2002
Motion by Council Member Nelson. seconded by Council Member Capra to direct
Staff to amend Ordinance #51 to include the 10% requirement. set UP the public
hearine:. chane:e the 50% to 40%. and remove Forest Lake and White Bear
Township from the trade area. All in favor. Motion carried unanimouslv.
2. Eagle Pass 2nd Addition Developer's Agreement (Gor-em)
Ms. Moore-Sykes provided copies of the developer's agreement with her suggested
changes.
City Attorney Hoeft agreed with the changes proposed by Ms. Moore-Sykes and
recommended approval.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve the Developer's Ae:reement for Eae:le Pass 2nd Addition. All in favor.
Motion carried unanimously.
Council Member Broussard Vickers reminded Council there was an issue with street
lights in the previous development and asked whether there were enough lights in this
development.
Mr. Quigley indicated Xcel Energy had recommended two lights but he increased the
lights to three in an attempt to eliminate a lighting issue.
3. Resolution #02-013 Accepting Bid - Penn Contracting (Lift Station #1)
Motion by Council Member Capra. seconded by Council Member Nelson to
approve Resolution #02-013. a Resolution acceptine: the bid from Penn Contractine:
for Lift Station #1. All in favor. Motion carried unanimously.
VIII. NEW BUSINESS
1. Mr. Llovd Drilling (Uptown Center - Revised Grading Plan)
Mr. Drilling indicated he would meet with Mr. Engler and Mr. Peterson on the grading
Issue.
City Attorney Hoeft clarified that Mr. Drilling's only obligation is to make sure that the
drainage from his property does not add water to Mr. Engler's drainage problem.
2. Mr. Dean Havel. Bald Eagle Water-Ski Club
This item was handled earlier in the meeting.
Page 8 of 11
City of Centerville
City Council Meeting Minutes
April 24, 2002
3. Resolution #02-012 (Tri-Citv CSAH 14/I35E Interchange)
Mayor Swedberg indicated the proposed Resolution is the result of the three-city meeting
at Lino Lakes concerning the upgrade ofCSAH 14.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Travis to approve Resolution #02-012. (Tri-Citv CSAH 14/I35E Interchanl!e). All in
favor. Motion carried unanimouslv.
4. Otter Lake Animal Control Contract. Proposed Revisions Ordinance #24. and
Resolution #02-014 - Fee Schedule 2002
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to adopt the proposed fee schedule. approve Resolution #02-014. and direct
Staff to revise Ordinance #24 and set UP the public hearinl! at the same time as the
l!ambline ordinance. All in favor. Motion carried unanimouslv.
5. Police Commission Memo
Mayor Swedberg indicated the Police Commission is asking for a 15,000 square foot
building that will cost approximately $3,000,000. He then noted that the other cities have
asked for alternatives because this would add another $100,000 per city to the cost of
police service for 20 years.
Council Member Broussard Vickers asked whether the other cities have approved another
officer.
Council Member Nelson indicated she would not vote for a building or another officer
and said she feels this matter should be discussed during the budgeting session.
It was the consent of Council that the Police Commission should be prepared to present
alternatives to their building proposal.
IX. CONSENT AGENDA
1. The City of Centerville April 11, 2002 through April 24, 2002 Expenditures.
2. Centennial Fire District Expenditures
3. Business Appreciation Dinner- May 21,2002 (Approve Funds)
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve the Consent Al!enda as presented. All in favor. Motion carried
unanimouslv.
X. COMMITTEE REPORTS
Page 9 oft 1
City of Centerville
City Council Meeting Minutes
April 24, 2002
Council Member Broussard Vickers indicated Park and Recreation would be meeting
with the Lions to discuss the gambling funds.
Council Member Nelson asked if there is an EDC meeting scheduled. Ms. Moore-Sykes
indicated the EDC meeting was Thursday, April 25, 2002.
Council Member Capra indicated that Shea Architects would be making a presentation at
the next Council meeting. She also indicated they had agreed to come to the business
dinner at no cost to discuss architectural design.
Council Member Capra indicated volunteer recognition day would be Saturday, April 27,
2002 from 10:00 a.m. to 1 :00 p.m. and invited all interested residents to attend.
Council Member Nelson asked for the report from City Attorney Hoeft on the exempt
status of the public works director.
City Attorney Hoeft indicated he had the report but had forgotten to bring it to the
meeting. He then agreed to provide the report to the City Administrator the next day and
discuss it with Council at the next meeting.
XI. ADMINISTRATOR'S REPORT
1. Deferred Comp Report
This matter is still pending. No report.
2. Finance Director
Ellen Paulseth started April 24, 2002.
3. ABDO. ABDO. Eick & Mever
The audit is completed and the Auditor will meet with the new Finance Director to
discuss his findings. She also indicated that the auditor would like to present the findings
to Council at the work session before discussing it at a Council meeting.
4. Emplovment Personnel Policy (Update)
Ms. Moore-Sykes reported she had been working on the personnel policy as much as she
could and noted she was approximately halfway through it.
Council Member Nelson asked when the website would be up and running.
Page 10 of 11
City of Centerville
City Council Meeting Minutes
April 24, 2002
Ms. Moore-Sykes indicated Staff was working on getting the website up and running.
She then noted implementation of the website has been more difficult than originally
believed.
Ms. Moore-Sykes indicated she had submitted the week in review to the Quad and had
received a call back questioning the formatting.
Council Member Capra indicated she thought there was to be a synopsis of the Council
meeting printed.
It was the consent of Council to combine the week in review with a synopsis of the
Council meeting for publication.
Ms. Moore-Sykes reported she had pre-registered for a change in domain name and
expects to hear in a few days whether the name is available.
XII. EXECUTIVE SESSION - CITY ADMINISTRATOR SIX (6) MONTH JOB
PERFORMANCE
There was confusion as to whether the review forms were to be completed for this
discussion or if they would be completed as a part of this discussion.
Council agreed to reschedule the City Administrator's review to the next Council
meeting.
XIII. ADJOURNMENT
Motion bv Council Member Travis. seconded bv Council Member Nelson to
adiourn the April 24. 2002 City Council Meetinl! at 8:35 p.m. All in favor. Motion
carried unanimouslv.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 11 of 11
City of Centerville
City Council Meeting Minutes
April 24, 2002
CITY OF CENTERVILLE
CITY COUNCIL MEETING
APRIL 24, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on April 24, 2002, at City Hall, 1880 Main Street.
PRESENT:
Mayor Tim Swedberg c9J
Council Member Dick Travis
Council Member Mary Capra Q. 0
Council Membe.r... M. ari N.. e. Is.oo . ~(r;IO \lO@
Coonoil Membt:\m. ... \f'ffl'DeW \:/
None. tPlP Lr
City Administrator Ms. Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
ABSENT:
STAFF:
I. CALL TO ORDER
Mayor Swedberg called the April 24, 2002, City Council meeting to order at 6:30 p.m.
n. SET AGENDA
Ms. Moore-Sykes requested that Karla DeVine be added under Appearances and Awards.
Mayor Swedberg requested that discussion of the police memo be heard under new
business.
Motion bv Council Member Broussard Vickers. seconded bv
Travis to approve the al!enda as amended. All in favor.
unanimously.
Council Member
Motion carried
1lI. PUBLIC HEARING(S)
None.
IV. APPEARANCES/AVVARDS
I. Mr. Jerry Helmbrecht - Citizen of the Y ear Award
Mayor Swedberg presented Mr. Helmbrecht with the Citizen ofthe Year Award.
Page 1 of 11
City of Centerville
City Council Meeting Minutes
April 24, 2002
2. Senator Michele Bachmann
Senator Bachmann addressed Council and explained that Centerville had been moved
into her district with the recent shifting of district lines. She then invited Council and any
residents to contact her at any time with any issues they may have.
3. Mr. Lloyd Drilling
Mr. Drilling addressed Council and indicated he may need to lower the berm by one foot
to aid in drainage.
Mr. Peterson asked if Mr. Drilling would be able to get the lot to drain in the east west
direction. Mr. Drilling indicated he was going to try to do so by constructing a swale that
would help the water flow toward the catch basin. He also indicated he had been
discussing the matter with the neighbor and may have to fill in the neighbor's yard a bit
to get the water to flow to the catch basin.
Council Member Capra asked whether Council approval was needed for a change in the
plans. City Attorney Hoeft indicated that Council did not need to provide approval as
Mr. Drilling is working with City Staff on the matter.
Council Member Capra asked how Mr. Drilling intended to accommodate the water from
Mr. Engler's yard due to the flat elevation. Mr. Drilling indicated the original plan had
his water flowing west. He then said he would take care of Mr. Engler's water problem.
Council Member Capra asked if fixing Mr. Engler's yard would affect drainage on the
yard north of him. Mr. Drilling indicated the swale would be designed to flow west to
the catch basin.
Mr. Jerry Engler of7127 Shad Avenue indicated he had been discussing the matter with
Mr. Drilling and said that Mr. Drilling was to inform him when this matter was on
Council's agenda. He then explained that other residents in the area do not want the
grade of the berm lowered because the intent of the berm with a fence on it was to screen
the view of the building from the neighborhood. He further said he would like to see a
ditch behind the building to push the water to the catch basin.
Mr. Engler indicated he needed the comer stake put back in because he does not know
where his property line is without it. He then said he wants to make sure that his yard is
returned to its previous state. He further commented he felt Mr. Drilling was trying to
pull a fast one by not telling him about the meeting.
Mr. Peterson commented that the property is very flat and trying to get a decent grade
with a ditch behind it to get the water to flow to the catch basin may be difficult.
Page 2 of 11
City of Centerville
City Council Meeting Minutes
April 24, 2002
Council Member Capra suggested Mr. Engler, Mr. Drilling and City Engineer Peterson
meet to discuss the drainage issue. All parties agreed to sit down and work out the
drainage issues.
Mr. Engler asked Council to look into the light at the video store because it is too bright
and shines in his bedroom window. He said he would like to have it turned off.
Ms. Moore-Sykes indicated she and Mr. Palzer would look into the matter.
Mr. Drilling said he was not trying to pull a fast one but wanted to run this proposal past
Council and Eagle Trucking before presenting it as an option to Mr. Engler. He then said
he could leave the berm there and is not planning on removing the fence but may need to
lower the grade some to achieve the proper drainage.
4. Emmons & Olivier ResourceslRice Creek Watershed District
Ms. Moore-Sykes indicated that Emmons & Olivier would not be able to attend the
meeting and had asked to be able to address Council during a work session.
Council agreed to invite Emmons & Olivier to the upcoming joint work session with the
Planning and Zoning Commission.
5. Mr. Dean Havel. Bald Eagle Water-Ski Club
Mayor Swedberg asked if it were necessary for Mr. Havel to appear before Council every
year for the permit. Mr. Havel indicated that the Sheriffs Department wants him to
appear before Council every year in the event there may be some complaints about the
ski jump.
Motion bv Mayor Swedberl!. seconded by Council Member Capra to a{)prove the
permit for Bald Eal!le Water-Ski Club for a water-ski jump as requested. All in
favor. Motion carried.
6. Ms. Amv Countrvrnan
Ms. Cindy Borr addressed Council and provided information on the upcoming American
Cancer Society - Centennial Area Relay. She then told a heartwarming story about
"pennies from heaven" and handed out a penny to each Council Member and those in the
audience.
Council asked that the information concerning the American Cancer Society - Centennial
Area Relay be placed on the cable channel.
7. Centerville Lions ($1.913 - Proceeds Fete des Lacs Raffle)
Page 3 of 11
City of Centerville
City Council Meeting Minutes
April 24, 2002
Ms. Kathy Peil, 1859 - 73rd Street, addressed Council and asked that the City keep the
charitable gambling account open until the Lions are able to set up the 501c3 foundation
to be able to receive funds from the Spring Lake Park Lions.
Council Member Travis indicated there is more to the situation than a simple request to
leave the account open.
Council Member Capra indicated she has concerns with regard to the discussion at the
last meeting because it sounded as if the City was laundering money from one Lions Club
to the other and the Minnesota Gambling Control Board agreed. She then said she would
like to have the funds designated as park and recreation funds and have the Lions work
with the Park and Recreation Committee to come up with a recommendation for Council
approval. She also indicated the ordinance needed to be revised.
Ms. Peil indicated the Lions have to empty out their accounts every year and the City
risks losing the $6,000 that has accumulated ifthere is no place to hold it.
Council Member Nelson commented that the City has not approved building the
structure.
Ms. Peil indicated that the Lions intend to go to the next Parks and Recreation Committee
meeting to meet with them and discuss what type of structure they would like to see.
Council Member Nelson read a sentence from the information provided by the Gambling
Control Board which indicates that the City should not be given funds for the purpose of
passing those funds along to an organization that the first party could not have legally
contributed to.
Ms. Peil indicated the City could hold the 10% but should use the 40% for the intent of
the donation. She then indicated the intent for those funds was to build a structure and
that is why the fund was set up to allow the funds to accumulate.
Council Member Nelson indicated she did not have a problem with holding the funds for
the Parks and Recreation Committee to use but she cautioned the Lions that the Parks and
Recreation Committee is an advisory board and Council would have the ultimate say as
to what the funds are used for.
Ms. Peil indicated the structure was dependent upon whether or not enough funds could
be accumulated. She then said that the City would lose the $6,000 if it is not accepted by
June 30, 2002.
Council Member Capra indicated she would like to see the ordinance revised to allow for
the 10% and would like to see the Parks and Recreation Committee request those funds.
Council Member Broussard Vickers indicated she would like to give the funds to the
501 c3 as previously discussed and amend the ordinance. Council Member Capra
Page 4 of I I
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City of CenterviIle
City Council Meeting Minutes
April 24, 2002
indicated she has a problem with the City doing that especially in light of the fact that the
City is under scrutiny from the state with regard to the TIF situation and deferred compo
Council Member Broussard Vickers indicated the City is allowed to donate to a 501c3.
Council Member Capra indicated the City has a policy of not donating to any
organizations.
Ms. Peil indicated the Lions are in the process of establishing the 501c3 but said she is
not sure how long that will take and does not want the City to lose the $6,000.
City Attorney Hoeft indicated it would be most appropriate to have Council designate the
funds to be used for park and recreation with the ultimate decision as to how those funds
are used resting with Council.
Council Member Broussard Vickers indicated she felt the Lions were asking to find out
whether the City is interested in spending the funds on a structure for LaMotte Park. She
further commented the Lions are interested in knowing if the Council would vote to
approve use of the funds to back grant proposals in an attempt to obtain further funds to
build the structure.
City Attorney Hoeft cautioned the Lions that a consensus of Council is not the same as a
vote of Council and does not give any authority other than a representation of the
Members' thoughts.
Council Member Nelson indicated she would not vote for a concession stand at LaMotte
Park but said she would vote for some kind of area in any of the parks for picnic tables
and a place to cook food.
Council Member Capra indicated she was not opposed to renovations of the current
concession area and said she would like to see a platform with a roof over it and picnic
tables.
Ms. Peil asked what part of the ordinance would be changed. Council Member Capra
indicated the trade area would be changed and the ordinance would require 10% of the
profits go to the City.
City Attorney Hoeft clarified that the City's current ordinance says that up to 50% of the
profits should come to the trade area. He also clarified that the ordinance is not in
violation of state statute but simply does not address the City receiving 10%. He then
suggested that, if the City wishes to have the 10% coming in to the City, the ordinance
should be changed to reflect that.
It was the consent of Council that the ordinance should be amended to reflect the 10%
requirement.
Page 5 of 11
City of Centerville
City Council Meeting Minutes
April 24, 2002
Council Member Broussard Vickers indicated she would support a Parks and Recreation
Committee recommendation for use of the funds.
Council Member Travis indicated he would support a Park and Recreation Committee
recommendation for use of the funds.
City Attorney Hoeft indicated the City may want to accept the $6,000 from the Spring
Lake Park Lions if the Centerville Lions do not have the 501c3 foundation up and
running prior to the June 30, 2002 deadline.
Council Member Capra asked whether the Spring Lake Park Lions have the right to deny
requests for funds.
City Attorney Hoeft indicated the organization has the right to deny any request it wishes
to.
Carla DeVine addressed Council and indicated she was there to clear up the confusion
with regard to a motion made at the Parks and Recreation Committee meeting. She then
explained that Parks and Recreation had made a motion to recommend Council approval
for the Lions to run concessions during Little League games.
Council Member Broussard Vickers indicated she had said it wrong at the last Council
Meeting and Parks and Recreation had not approved the concessions, it was a
recommendation to Council for approval.
Ms. Peil indicated they would be using all packaged goods and would not be cooking.
Council Member Capra recommended the Lions Branch check with the Anoka County
Health Department because there may be some requirements.
Ms. Peil agreed to look into it.
Motion by Council Member Broussard Vickers. seconded by Council Member
Travis to allow the Lions Branch to sell concessions contin!!ent on aDproval from the
Anoka County Health DeDartment.
Council Member Nelson said she would like to add that the approval is contingent upon
the approval of the Anoka County Health Department.
Council Members Broussard Vickers and Travis consented to the addition.
Council Member Capra asked who would be responsible for opening and locking the
building. Ms. Peil indicated she intended to request a key for the concession season.
Ms. DeVine asked whether Council had a copy of the motion made by Parks and
Recreation. Council indicated it did not.
Page 6 of 11
City of Centerville
City Council Meeting Minutes
April 24, 2002
Council Member Capra indicated she would like to set a time limit on the concession
approval.
Ms. Peil indicated concessions would only be done during the Little League season.
Vote: All in favor. Motion carried unanimouslv.
Ms. Peil indicated the Spring Lake Park Lions mistakenly sent the City $1,913.00 that
was proceeds from the Fete des Lacs rame.
Motion bv Council Member Caora. seconded bv Council Member Broussard
Vickers to return the $1.913 to the Sonne Lake Park Lions. All in favor. Motion
carried unanimously.
Mayor Swedberg introduced Ms. Ellen Paul seth, the City's new Finance Director, and
welcomed her to the City.
V. CONSIDERATION OF MINUTES
1. April 10. 2002. Council Meeting Minutes
Council Member Capra requested the following change: On Page 10 of 16, second
paragraph change EDC to "she".
Council Member Broussard Vickers requested the following change: On Page 14 of 16,
third to last paragraph clarify her comment to be: If the police report serious problems at
the skate park Council may shut down the park without approval of the Parks and
Recreation Committee.
Motion by Council Member Nelson. seconded bv Council Member Capra to
approve the April 10. 2002 Council Minutes as amended. All in favor. Motion
carried unanimously.
Council recessed at 7:48 p.m.
Council reconvened at 7:55 p.m.
VI. PETITIONS AND COMPLAINTS
None.
VII. OLD BUSINESS
1. Centerville Lion's Gambling Funds/Ordinance #51
Page 7 of 11 .
City of Centerville
City Council Meeting Minutes
April 24, 2002
Motion by Council Member Nelson. seconded bv Council Member Capra to direct
Staff to amend Ordinance #51 to include the 10% requirement. set up the public
hearinl:. chane:e the 50% to 40%. and remove Forest Lake and White Bear
Township from the trade area. All in favor. Motion carried unanimously.
2. Eagle Pass 2nd Addition Developer's Agreement (Gor-em)
Ms. Moore-Sykes provided copies of the developer's agreement with her suggested
changes.
City Attorney Hoeft agreed with the changes proposed by Ms. Moore-Sykes and
recommended approval.
Motion bv Council Member Nelson. seconded by Council Member Capra to
approve the Developer's Aereement for Eal:le Pass 2nd Addition. All in favor.
Motion carried unanimouslv.
Council Member Broussard Vickers reminded Council there was an issue with street
lights in the previous development and asked whether there were enough lights in this
development.
Mr. Quigley indicated Xcel Energy had recommended two lights but he increased the
lights to three in an attempt to eliminate a lighting issue.
3. Resolution #02-013 Accepting Bid - Penn Contracting (Lift Station # 1)
Motion bv Council Member Capra. seconded by Council Member Nelson to
approve Resolution #02-013. a Resolution acceptine: the bid from Penn Contractine
for Lift Station #1. All in favor. Motion carried unanimouslv.
VIII. NEW BUSINESS
1. Mr. Llovd Drilling (Uptown Center - Revised Grading Plan)
Mr. Drilling indicated he would meet with Mr. Engler and Mr. Peterson on the grading
Issue.
City Attorney Hoeft clarified that Mr. Drilling's only obligation is to make sure that the
drainage from his property does not add water to Mr. Engler's drainage problem.
2. Mr. Dean Havel. Bald Eagle Water-Ski Club
This item was handled earlier in the meeting.
Page 8 of 11
City of Centerville
City Council Meeting Minutes
April 24, 2002
3. Resolution #02-012 (Tri-City CSAH 14/I35E Interchange)
Mayor Swedberg indicated the proposed Resolution is the result of the three-city meeting
at Lino Lakes concerning the upgrade of CSAH 14.
Motion bv Council Member Broussard Vickers. seconded by Council Member
Travis to approve Resolution #02-012. (Tri-Citv CSAH 141I3SE Interchanl!e). All in
favor. Motion carried unanimouslv.
4. Otter Lake Animal Control Contract. Proposed Revisions Ordinance #24. and
Resolution #02-014 - Fee Schedule 2002
Motion bv Council Member Broussard Vickers. seconded by Council Member
Capra to adopt the proposed fee schedule. approve Resolution #02-014. and direct
Staff to revise Ordinance #24 and set UP the public hearinl: at the same time as the
l!amblinl! ordinance. All in favor. Motion carried unanimously.
5. Police Commission Memo
Mayor Swedberg indicated the Police Commission is asking for a 15,000 square foot
building that will cost approximately $3,000,000. He then noted that the other cities have
asked for alternatives because this would add another $100,000 per city to the cost of
police service for 20 years.
Council Member Broussard Vickers asked whether the other cities have approved another
officer.
Council Member Nelson indicated she would not vote for a building or another officer
and said she feels this matter should be discussed during the budgeting session.
It was the consent of Council that the Police Commission should be prepared to present
alternatives to their building proposal.
IX. CONSENT AGENDA
1. The City of Centerville April 11, 2002 through April 24, 2002 Expenditures.
2. Centennial Fire District Expenditures
3. Business Appreciation Dinner - May 21, 2002 (Approve Funds)
Motion by Council Member Nelson. seconded by Council Member Capra to
approve the Consent Al:enda as presented. All in favor. Motion carried
unanimouslv.
X. COMMITTEE REPORTS
Page 9 of 11
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City of Centerville
City Council Meeting Minutes
April 24, 2002
Council Member Broussard Vickers indicated Park and Recreation would be meeting
with the Lions to discuss the gambling funds.
Council Member Nelson asked if there is an EDC meeting scheduled. Ms. Moore-Sykes
indicated the EDC meeting was Thursday, April 25, 2002.
Council Member Capre indicated that Shea Architects would be making a presentation at
the next Council meeting. She also indicated they had agreed to come to the business
dinner at no cost to discuss architectural design.
Council Member Capra indicated volunteer recognition day would be Saturday, April 27,
2002 from 10:00 a.m. to I :00 p.m. and invited all interested residents to attend.
Council Member Nelson asked for the report from City Attorney Hoeft on the exempt
status of the public works director.
City Attorney Hoeft indicated he had the report but had forgotten to bring it to the
meeting. He then agreed to provide the report to the City Administrator the next day and
discuss it with Council at the next meeting.
XI. ADMINISTRATOR'S REPORT
1. Deferred Comp Report
This matter is still pending. No report.
2. Finance Director
Ellen Paulseth started April 24, 2002.
3. ABDO. ABDO. Eick & Mever
The audit is completed and the Auditor will meet with the new Finance Director to
discuss his findings. She also indicated that the auditor would like to present the findings
to Council at the work session before discussing it at a Council meeting.
4. Emplovment Personnel Policy (Update)
Ms. Moore-Sykes reported she had been working on the personnel policy as much as she
could and noted she was approximately half way through it.
Council Member Nelson asked when the website would be up and running.
Page 10 of 11
.
City of Centerville
City Council Meeting Minutes
April 24, 2002
Ms. Moore-Sykes indicated Staff was working on getting the website up and running.
She then noted implementation of the website has been more difficult than originally
believed.
Ms. Moore-Sykes indicated she had submitted the week in review to the Quad and had
received a call back questioning the formatting.
Council Member Capra indicated she thought there was to be a synopsis of the Council
meeting printed.
It was the consent of Council to combine the week in review with a synopsis of the
Council meeting for publication.
Ms. Moore-Sykes reported she had pre-registered for a change in domain name and
expects to hear in a few days whether the name is available.
XII. EXECUTIVE SESSION - CITY ADMINISTRATOR SIX (6) MONTH JOB
PERFORMANCE
There was confusion as to whether the review forms were to be completed for this
discussion or if they would be completed as a part of this discussion.
Council agreed to reschedule the City Administrator's review to the next Council
meeting.
XIII. ADJOURNMENT
Motion by Council Member Travis. seconded by Council Member Nelson to
adjourn the April 24. 2002 City Council Meetinl! at 8:35 p.m. All in favor. Motion
carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial. Inc.
Page 11 of 11
City of Centerville
Council Meeting Minutes
May 8, 2002
CITY OF CENTERVILLE
CITY COUNCIL MEETING
MAY 8, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City ofCenterville held their regularly scheduled
meeting on May 8, 2002, at City Hall, 1880 Main Street.
PRESENT:
Mayor Tim Swedberg
Council Member Dick Travis
Council Member Mary Capra
Council Member Mari Nelson
Council Member Linda Broussard Vickers
@@
ABSENT:
None.
STAFF:
Public Works Director, Mr. Paul Palzer
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
I. CALL TO ORDER
Mayor Swedberg called the May 8, 2002, City Council meeting to order at 6:30 p.m.
II. SET AGENDA
Mr. Palzer indicated that Carl Buechler and Rob Sheppard had requested that they be
allowed to appear before Council.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve the al!enda as amended. All in favor. Motion carried unanimouslv.
III. PUBLIC HEARING(S)
None.
IV. APPEARANCES/AWARDS
1. Tracy Tratar. 1710 Peltier Lake Drive - Variance - Garage
Mr. Tratar addressed Council and briefly reviewed his request.
Mr. Palzer indicated he had done some research and determined that Mr. Tratar's home
was constructed prior to the City's Code being changed to require attached garages as
Page 1 of 10
City of Centerville
Council Meeting Minutes
May 8, 2002
well as the change to comer lots that would have given him another ten (10) feet to his
yard.
Motion bv Council Member Capra, seconded bv Council Member Travis to approve
the variance request for 1710 Peltier Lake Drive.
Council Member Broussard Vickers asked if Mr. Tratar intended to construct the
driveway surface right away. She then said she is concerned that Staff recommended
approval of the variance based on the City's requirement for attached garages and
suggested she would like to see the driveway constructed right away because a hard
surface driveway is also a requirement of the City's Code.
Mr. Tratar indicated he intended to construct a concrete driveway provided it is not cost
prohibitive to do so due to the soils and water table. He then explained he cannot mow
his lawn due to puddling and his driveway ripples when you walk or drive on it.
Council Member Nelson asked whether the variance requirements were applied to the
request.
Mayor Swedberg indicated the Staff report had outlined the variance requirements and
how those were applied to this situation. He then said that both Staff and the Planning
and Zoning Commission recommend approval.
Council Member Capra indicated that most residents on the north heading east from the
Tratar property have gravel driveways.
Mr. Palzer indicated there are some residents that have asphalt driveways.
Mr. Tratar indicated his neighbors have an issue with frost heaving in the winter.
Mr. Palzer indicated that the City has an issue with some of its streets and noted Center
Street moves between 8 and 10 inches each winter. He further commented that a cement
driveway could break up over time.
Council Member Broussard Vickers expressed concern with allowing the variance to
match neighboring properties and to match the City's code but not requiring the
driveway.
Vote: Aves - 3, Navs -1 (Nelson), Abstain -1 (Broussard Vickers). Motion carried.
Council Member Nelson indicated she did not think the variance request met the hardship
requirement.
Page 2 of 10
City of Centerville
Council Meeting Minutes
May 8. 2002
2. Mr. Mike Kraft - Shea Architects
Mr. Kraft from Shea Architects provided a brief presentation to Council on the proposal
for architectural styles and ideas for commercial/industrial development within the City.
Council Member Nelson asked whether environmentally friendly lighting was considered
with the recommendations.
Mr. Kraft explained the type of lighting recommended. Council Member Nelson
indicated she is concerned with light pollution and would prefer closed top lights so as
not to spill light into the sky.
3. Carl Buechler
Mr. Buechler addressed Council and asked Council to commit to working with him to
finish Mound Trail as agreed by contract a number of years ago. Mr. Buechler also asked
for an overweight permit to be allowed to construct his driveway.
Council asked that this item be placed on the agenda for the next meeting for further
discussion.
Council Member Nelson indicated she would like to see another bid for the work.
Motion by Council Member Broussard Vickers. seconded by Council Member
Capra to approve an overweil!ht permit to construct the drivewav subiect to
approval of the start date by the City Enl!ineer. Ayes - 4. Nays - 1 (Swedberl!).
Motion carried.
4. Rob Sheppard
Mr. Sheppard addressed Council and indicated his yard is in danger of flooding due to a
clogged outlet in the holding pond on an adjacent property. He also commented that he is
concerned that the overflow elevation is too high and he would like to have it reviewed.
Mr. Palzer indicated that the area is a DNR protected wetland and said he would need to
discuss the matter with the DNR before any water is drained from the area.
Council Member Nelson expressed concern for using taxpayer dollars to rectify a
situation alleged to have been caused by the neighbors dumping on the property.
Mr. Sheppard indicated the things that were dumped there were used for fill for the edge
of the pond.
Council Member Broussard Vickers questioned whether the property owner would have a
responsibility to provide silt fencing to keep erosion from filling the pond.
Page 3 of 10
City of Centerville
Council Meeting Minutes
May 8, 2002
Mr. Palzer indicated he would look into the matter.
V. CONSIDERATION OF MINUTES
1. April 24. 2002. Council Meeting Minutes
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to approve the April 24. 2002 Council Minutes as presented. All in favor.
Motion carried unanimously.
Council recessed at 8:00 p.m.
Council reconvened at 8:06 p.m.
Mayor Swedberg noted that Centerville had held its volunteer appreciation activities on April 27,
2002. He then thanked all the volunteers that help to make the City a better place to live.
VI. PETITIONS AND COMPLAINTS
None.
VII. OLD BUSINESS
1. The Shores/CSAH 14 Water Main
City Engineer Peterson provided a brief overview of the proposed water main extension
and then indicated the matter was before Council for approval to authorize Staffto go out
to bid on the project.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to approve the plans and specifications for the water main extension aloni!:
CSAH 14 from Lakeland Hills to the Shores. Aves - 4. Navs -l(Swedberi!:). Motion
carried.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to authorize Staff to i!:0 out to bid on the proiect. Aves - 4. Navs
l(Swedberi!:). Motion carried.
2. Exempt Status (Hoeft)
This item was tabled until the next meeting.
VIII. NEW BUSINESS
1. Tracy Tratar. 1710 Peltier Lake Drive - Variance - Garage
This item was heard earlier in the meeting.
Page 4 of 10
City of Centerville
Council Meeting Minutes
May 8, 2002
2. Health Insurance Renewal & Monthly Allotment
Council Member Nelson indicated she would like to see the City pay 70% rather than the
$500 which would be 73% for this year.
Mayor Swedberg indicated the bigger issue for him is that he would like to see the City
get out of the deferred compensation and into a 40lK because there could be tax savings
for employees.
Mayor Swedberg indicated that using a percentage could end up costing the City more
because health care costs continue to rise.
Council Member Nelson agreed but said, in this instance for a quick fix, she would like to
continue for the year with the percentage.
Motion bv Council Member Nelson. seconded by Council Member Broussard
Vickers to approve a City contribution to health insurance of 70% with Staff
contributinl! 30% for the remainder of the calendar year.
Mr. Palzer commented that the union employees are receiving 80%.
Council Member Nelson indicated further issues would be addressed with the personnel
policy. She also noted that the City has made it clear it is not matching nonunion with
union.
Vote: All in favor. Motion carried unanimously.
3. Relocation of the Civil Defense Siren
Fire Chief Bennett addressed Council and explained that the civil defense siren is to be
moved but there has been a delay due to an attempt to have Connexus Energy move the
sign at no cost to the City. He then noted it has since been learned that the pole is owned
by Xcel Energy and he will be contacting them to move the pole. He further explained
that he would work with Staff to make sure that the siren is moved and reinstalled
without too much time elapsing especially in light of the fact that severe weather season
is here.
4. Temporary Signage
Council Member Nelson indicated she had received a call concerning the temporary signs
at Comer Express and Performance Auto.
Council Member Broussard Vickers indicated she thought it was the intent when the sign
ordinance was implemented that any existing signs would be grandfathered in.
Page 5 ofl 0
City ofCentervilIe
Council Meeting Minutes
May 8. 2002
City Attorney Hoeft indicated that a temporary sign would not be grandfathered.
Council Member Nelson commented that Kelly's has been in Centerville for a long time
and was forced to remove temporary signage that violated the sign code.
Council Member Travis asked whether a complaint is on file with the City.
Council Member Nelson indicated the information had been forwarded bye-mail to Ms.
Moore-Sykes.
Council directed Staff to send a letter to the businesses indicating they are in violation of
the sign code.
5. Street Repair & Heat Patching/Seal Coating
City Engineer Peterson indicated this matter was before Council for approval to seal coat
the streets.
Mayor Swedberg asked what seal coating is. City Engineer Peterson explained that oil is
put down on the streets followed by small smooth stones that are then rolled in and traffic
drives on before the extra rocks are swept up. He also explained that this adds to the
wear surface of the pavement extending the life of the pavement.
Mayor Swedberg indicated he did not feel Deer Pass needed to be done and expressed
concern with doing Dupre Road in light of the impending construction traffic.
Mr. Palzer indicated that the seal coating may counteract the effects of the construction
traffic.
City Engineer Peterson indicated that the seal coating would be done in July or August
and Eagle Pass will be done by then.
Council Member Broussard Vickers asked whether there would be any real savings to the
City by eliminating some streets from the seal coating schedule for 2002. Mr. Palzer
indicated that for the price, seal coating is cheap maintenance for the City's streets. Mr.
Peterson indicated that the larger the project the lower the price and recommended
approval of the plan.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to authorize plans and specifications for the 2002 seal coatinl! proiect per the
recommendation of the City Enl!ineer and Public Works Director.
Council Member Travis commented he did not feel that the two new streets needed to be
done and the money could be spent elsewhere.
Page 6 ofl0
City of Centerville
Council Meeting Minutes
May 8, 2002
Council Member Nelson asked whether the hills on Peterson Trail could be ramped so
they are not so abrupt. Mr. Palzer indicted he would look into it.
Vote: Ayes - 3. Nays - 2(Swedber2fTravis). Motion carried.
6. Tobacco License - Todd Steffen d/b/a Corner Express
Council Member Nelson indicated this is a housekeeping issue as the business changed
hands and the tobacco license cannot be transferred.
Motion by Council Member Nelson. seconded bv Council Member Travis to
approve the Tobacco License for Todd Steffen d/b/a Corner Express. All in favor.
Motion carried unanimouslv.
7. Purchase of Computers/Printer
Mayor Swedberg indicated he would like to see a priority list of how Staff wishes to
implement the computer system. He then said he could support a new computer for the
finance director but would like City Staff to come back with a way to implement the plan
in stages and with a plan for funding.
Motion bv Mavor Swedberl!. seconded bv Council Member Nelson to authorize the
purchase of a Pentium 4 computer with printer as recommended bv Staff not to
exceed $1.700.00. All in favor. Motion carried unanimouslv.
8. Parks & Recreation Committee Recommendations
Mayor Swedberg commented that green treated lumber has fallen out of favor due to the
arsenic in the product.
City Attorney Hoeft indicated there is a new treated wood product on the market that
does not contain arsenic.
Motion by Mavor Swedberl!. seconded bv Council Member Capra to approve the
satellite enclosure proiect as recommended bv the Park and Recreation Committee
not to exceed $1.500 with the requirement that non-arsenic treated wood be used.
All in favor. Motion carried unanimouslv.
Council Member Broussard Vickers noted that due to numerous incidents of repeated
vandalism she questions whether the City should look into selling the property used for
Royal Meadows Park.
City Attorney Hoeft indicated it is possible to sell park property and then said the
procedure would vary depending upon how the property was acquired.
Page 7 of 10
City of Centerville
Council Meeting Minutes
May 8, 2002
Motion by Council Member Nelson. seconded by Council Member Capra to
approve the hirinl! of attendants for the skate park in an amount not to exceed
$5.000 for the 2002 skate park season.
Mayor Swedberg said he would like the skate park open longer into the evening.
Council Member Broussard Vickers indicated the park closes at 8:00 p.m.
Kim Steffen indicated the Police Chief recommended the hours for the skate park to be
from 4:00 p.m. to 8:00 p.m.
Council indicated that it desired to have an older individual hired as an attendant for the
skate park provided that could be done without violating any employment laws.
Vote: All in favor. Motion carried unanimously.
Motion by Council Member Broussard Vickers. seconded bv Council Member
Nelson to approve the 2002 Warl!o Nature Center Prol!ram not to exceed $1.000.
All in favor. Motion carried unanimously.
Council Member Broussard Vickers indicated the Park and Recreation Committee is
seeking Council approval and comment on the Volunteer Brochure before making it
available to residents.
Motion bv Council Member Capra. seconded by Council Member Nelson to
approve the brochure and authorize advertisinl! within budl!eted amounts. All in
favor. Motion carried unanimously.
9. Fire Department - Storage located at the Public Works Site
Fire Chief Bennett addressed Council and indicated the Fire Department had received
funds to construct a storage building and is seeking permission to construct it on the
City's public works site.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to authorize the construction of a Fire Department storal!e buildi02 00 the
public works site subiect to the approval of the Public Works Director and Fire
Chief. and subiect to the Fire Department insurinl! the contents. All in favor.
Motion carried unanimouslv.
IX. CONSENT AGENDA
1. The City of Centerville April 24, 2002 through May 7, 2002 Expenditures.
2. Centennial Fire District Expenditures
3. Worksession prior to May 22,2002 Council Meeting (5:30 p.m.)
4. Tricia & The Toonies (Elementary School- $800/SCORE Funds)
Page 8 ofl 0
City of Centerville
Council Meeting Minutes
May 8, 2002
5. Purchase of an Additional Election Booth
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to approve the Consent A1!:enda as presented. All in favor. Motion carried
unanimouslv.
X. COMMITTEE REPORTS
Council Member Travis reported that the Planning and Zoning Commission is looking at
Ordinances 70, 71, and 63.
XI. ADMINISTRATOR'S REPORT
Mr. Palzer asked for approval of an overweight permit for the City's landscaping service.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to approve an overwei1!:ht permit for Vallev Creek Lawn Service. All in
favor. Motion carried unanimouslv.
Council discussed the issue of wine being served at Hair Update, noted the Police Chief
had indicated a liquor license is required to do so, and asked that Staff inform Hair
Update of the need to either apply for a liquor license or cease providing wine to its
customers.
Mayor Swedberg asked how the City could control undesirable uses within the City.
City Attorney Hoeft explained that certain uses are allowed in certain zoning areas and
the City can determine what is allowed in each zoning area.
Council Member Broussard Vickers asked whether Council needed to act on the request
for condemnation proceedings to clear up the access issue on 21 st Avenue.
Council agreed that since the City has invested in infrastructure it would make sense to
work with Mr. Evansteiner to agree on a cost sharing should the City decide to institute
eminent domain proceedings.
Council directed Staff to invite Mr. Evansteiner to a meeting to give his side of the story
as well as Mr. Carpenter but indicated separate meeting dates would be preferable.
Mayor Swedberg asked for legal research on eminent domain in this type of situation for
reVIew.
Council suggested he look the matter up on the Internet rather than paying the City
Attorney to provide information to him.
Page 9 of 10
City of Centerville
Council Meeting Minutes
May 8. 2002
City Attorney Hoeft suggested reviewing the Handbook on the League of Minnesota
Cities website.
No update on the deferred compensation situation.
XII. EXECUTIVE SESSION - CITY ADMINISTRATOR SIX (6) MONTH JOB
PERFORMANCE
Council agreed that Mr. Palzer's review was done by the City Administrator and a step
increase should be placed on the consent agenda for approval.
Council agreed to recess to executive session to discuss the City Administrator's review.
Motion by Council Member Travis. seconded bv Council Member Broussard
Vickers to recess to executive session. Aves - 4. Navs - 1 (Swedber1!). Motion
carried.
Council recessed to executive session at 10:03 p.m.
Discussion ensued regarding Ms. Moore-Sykes six (6) month performance evaluation and
no action was taken.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
reconvene to the re1!ularlv scheduled council meetinl! at 10:53 p.m. All in favor.
Motion carried unanimouslv.
XIII. ADJOURNMENT
Motion bv Council Member Broussard-Vickers. seconded bv Council Member
Capra to adiourn the Mav 8.2002 City Council Meetin1! at 10:54 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
Council Meeting Minutes
May 22, 2002
CITY OF CENTERVlLLE
CITY COUNCIL MEETING
MAY 22, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on May 22,2002, at City Hall, 1880 Main Street.
PRESENT:
STAFF:
Mayor Tim Swedberg
Council Member Dick Travis
Council Member Mary Capra d
Council Member Marl Nelson
Council Member Linda Broussard Vickers rO'"
~~. AlII!'
Public Works Director, Mr. P r
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
ABSENT:
I. CALL TO ORDER
Mayor Swedberg called the May 22, 2002, City Council meeting to order at 6:40 p.rn.
n. SET AGENDA
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to approve the a!!enda as presented. AU in favor. Motion carried
unanimously.
1lI. PUBLIC HEARlNG(S)
1. Ordinance #24 - Confinement. Licensing and Care Relating to Animal Control
Mayor Swedberg briefly reviewed the proposed changes to Ordinance #24 and then opened the
public hearing at 6:43 p.rn.
Motion bv Council Member Broussard Vickers. seconded by Council Member
Nelson to close tbe public beann!!. AU in favor. Motion carried unanimouslv.
Mayor Swedberg closed the public hearing at 6:44 p.rn.
Page 1 of IS
City of Centerville
Council Meeting Minutes
May 22, 2002
2. Ordinance #51 - Charitable Gambling
Mayor Swedberg briefly reviewed the proposed changes to Ordinance #51 and then opened the
public hearing at 6:44 p.rn.
Mr. Larson. the gambling manager for Dead Broke Saddle Club, addressed Council and
asked whether Council would like the 10% sent to the City monthly or annually.
Council discussed the matter and asked Ms. Moore-Sykes to provide a recommendation
at the next Council meeting.
Mr. Larson asked whether the City intended to provide its own form to be filled out or
whether Council intended to rely on the form he had been providing.
Ms. Moore-Sykes indicated she would review the matter and provide a recommendation
for payment and a suggested form for discussion at the next meeting.
Motion bv Council Member Broussard Vickers. seconded by Council Member
Nelson to close the public hearine. All in favor. Motion carried unanimously.
Mayor Swedberg closed the public hearing at 6:57 p.rn.
IV. APPEARANCES/AWARDS
1. Senator Ms. Jane Krentz
Senator Krentz addressed Council and gave a brief overview of this year's legislative
session. She then thanked Council for its support and invited anyone with a concern to
contact her at any time to discuss it.
2. Mr. Marcel Eibensteiner. Royal Oaks Letter
Mr. Mike Black from Royal Oaks Realty, 1000 County Road E, Shoreview addressed
Council on behalf of Mr. Eibensteiner and explained the situation with the small piece of
property owned by another party that prevents access to the Royal Oaks Industrial Park
lots.
Council Member Broussard Vickers asked if there was title insurance, how the problem
occurred, and what remedies had been used in an attempt to resolve the matter.
Mr. Black indicated it was an oversight on their part when the property was platted
because they thought all of the area was County right-of-way. He then indicated
construction was started, the City put in water, and then the property owner informed
them that they were crossing private property.
Page 2 of 15
City ofCenterville
Council Meeting Minutes
May 22, 2002
Council Member Broussard Vickers asked if there was a survey done when the land was
purchased. Mr. Black indicated a survey was done on the piece being purchased but that
would not have indicated this type of issue with the adjoining parcel.
Council Member Broussard Vickers asked if the survey showed road frontage. Mr. Black
indicated it did not.
Mr. Black indicated the area in question was 30 feet by 60 feet in a triangular shape.
Mayor Swedberg commented that 40 of the 60 feet is in the easement area.
Mr. Black indicated the MetropoIitan Waste Commission expanded its easement for a
sewer line but that easement was acquired for their purposes not for a roadway. He then
said the small triangular piece is encumbered with an easement already.
Council Member Capra asked if there was any other property that involved Mr.
Carpenter. Mr. Black said no.
Council Member Capra indicated that Mr. Eibensteiner has made offers and counteroffers
but the two parties are miles apart.
Council Member Broussard Vickers questioned whether anyone told the Developer that
the property did not go out to the road. Mr. Black indicated that they did not know until
Mr. Carpenter informed them.
Mayor Swedberg asked whether right-of-way is automatically dedicated when a plat is
finalized that contains a street or whether the City has to purchase the right-of-way land.
City Attorney Hoeft indicated that the plat in question does not contain that sliver of
property.
Council Member Nelson asked whether the street could be moved.
Council Member Travis indicated that moving the road would cost the City $80,000 and
there would also be a cost to the developer.
Mr. Rehbein indicated that the City spent $76,000 to put in the lift station on that
property.
Council Member Capra asked if a surveyor had clarified that this property does belong to
Mr. Carpenter.
Mr. Black indicated his property had been surveyed and does not go all the way to the
road.
Mr. Rehbein clarified that the County easement stops at the ditch and Mr. Carpenter owns
the sliver beyond the ditch.
Page 3 of IS
City ofCenterville
Council Meeting Minutes
May 22, 2002
City Engineer Peterson said he is not a land surveyor but, based on maps, his property
was a square box and the County road cut it in two and left a triangle and it his opinion
that the triangle belongs to Mr. Carpenter.
Council Member Broussard Vickers asked whether the developer was willing to pay the
City's costs for the eminent domain proceedings.
Mr. Black indicated that they would pay the City's costs as well as pay for the land being
taken.
Council Member Broussard Vickers asked if the developer has told Mr. Carpenter that
they were approaching the City to ask for assistance with eminent domain proceedings.
Mr. Black indicated Mr. Carpenter was told a year ago but had not been told recently.
Council Member Capra recapped the purchase offers for the property. The first offer was
$2,500, then $5,000 and Mr. Carpenter counter-offered $50,000 and asked that the entire
section on that side of the street be purchased not just the triangular piece.
Mr. Black indicated he would pay fair market value for the property.
Mayor Swedberg asked for an estimate for legal costs.
City Attorney Hoeft indicated that usually these types of proceedings are fairly
uneventful but, knowing the history and being aware of the animosity between the
parties, he said it would be difficult to speculate as to whether Mr. Carpenter would fight
the process to the bitter end or come to terms early in the process. He then commented
that the longer the process, the more expensive it becomes.
Council Member Nelson asked for an indication offees.
City Attorney Hoeft indicated a simple process would range from $3,000 to $5,000 but
this one, considering the animosity, could range from $5,000 to $8,000.
Mayor Swedberg commented that this matter has been an issue for some time and asked
why it has been brought forward now.
Mr. Black indicated the issue has been brought forward now because of the interest in the
property and noted they are running out of avaiIable parcels.
Gary Hughback, 277 Coon Rapids Boulevard, indicated he represented Mr. Rehbein and
said he has several purchase agreements in the works and needs to get the road in so
construction can be started in the Fall.
Mayor Swedberg asked if the road could be moved.
Page 4 ofl5
City ofCenterville
Council Meeting Minutes
May 22, 2002
Mr. Rehbein indicated the lift station would need to be moved along with two county
culverts which is a costly endeavor.
Mayor Swedberg indicated Mr. Carpenter would be asked to attend the next Council
meeting to give his version of the situation. He then noted that Council intended to make
a decision on this matter at that meeting or the following meeting.
Mr. Black thanked Council for its consideration.
Council Member Broussard Vickers commented that she thinks Mr. Carpenter is looking
at how much money the developer stands to make on the properties to be sold and feels
that he should be compensated because it was not his error that created this problem with
the road.
Mr. Black indicated he was willing to pay fair market value for the property.
Council Member Broussard Vickers indicated that Mr. Carpenter does not have to ask
fair market value for his property. She then commented that the City will prosper, the
developer will prosper and Mr. Carpenter wants to prosper as well.
Mr. Hughback commented that they have five contracts at $1.75 per square foot.
V. CONSIDERATION OF MINUTES
1. May 8. 2002 Council Meeting Minutes
Council Member Capra handed out the executive session minutes. Council asked that the
executive session minutes be added to the regular meeting minutes.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to approve the May 8. 2002 Council Minutes as amended to include the
executive session minutes. AU in favor. Motion carried unanimously.
VI. PETITIONS AND COMPLAINTS
None.
VII. OLD BUSINESS
l. Mound Trail
Mr. Buechler addressed Council and indicated he was surprised by the $50,000 quote
from Fratta10ne to construct the road. He also commented that the process is going to
cost him and the City more money because the road was not constructed last year.
Page 5 of15
City ofCenterville
Council Meeting Minutes
May 22. 2002
Mayor Swedberg asked why the City had not gone out to bid and followed its regular
procedure on this matter. Mr. Peterson indicated the City could proceed with the road
and bill Mr. Buechler for his portion.
City Attorney Hoeft indicated this arrangement had come about because Mr. Buechler
felt he could control the costs this way.
Mr. Buechler connnented that he wanted to do the road right away rather than delay but
that has not worked out.
City Engineer Peterson indicated that Lino Lakes had expressed interest in redoing their
portion of the road in the past.
Council asked the Engineer to contact Lino Lakes to see if they are still interested in
reconstructing their portion of the road.
Council Member Broussard Vickers commented that the City has the funds to pay the
City's half. She then indicated she would like Lino Lakes contacted and would like the
Engineer to get a bid with the additional costs for bonding listed separately.
Motion bv Council Member Broussard Vickers.. seconded bv Council Member
Capra to direct the City En2ineer to 20 out for bids on the improvement to Mound
Trail in Buechler Estates and to contact Lino Lakes to determine their interest in
tbe project.
Council Member Travis indicated quotes should be obtained not formal bids.
The City Engineer agreed to get price quotes.
All in favor. Motion carried unanimouslv.
2. Pheasant Marsh Phase 2 Utility and Street Plans
Council Member Capra commented that the ponds seemed full and asked if that would be
the normal water height. Mr. Peterson indicated that it was the normal height for the
ponds.
Council Member Travis clarified that one is a pond and the other one is an overflow.
Mr. Peterson commented that the one closer to the County road would vary in water
level
Council Member Capra commented that the Hunter's Crossing pond has very little water.
Mr. Peterson indicated that this development has more land to drain from.
Page 60ft5
City of Centerville
Council Meeting Minutes
May 22, 2002
Council Member Broussard Vickers asked if the trail was located as per the
recommendation of Parks and Recreation. Mr. Peterson indicated the trail was moved to
line up the two trails.
Motion bv Council Member Broussard Vickers. seconded by Council Member
Capra to approve Resolution #02-016 as presented. AU in favor. Motion carried
unanimouslv.
3. 2002 Seal Coat
City Engineer Peterson indicated that the plans and specifications for the 2002 seal coat
project were completed and sent out for quotes.
4. COlllPuter Upgrades
Ms. Moore-Sykes indicated that Staff had discussed the matter and is of the opinion that
it would be a better idea to purchase all the equipment at the same time so that it will
match. She then indicated the City Clerk had begun price comparisons on the system and
had obtained information from Comp USA and those prices were very comparable to the
price quotes from Logis. She further commented she bad spoken to Rick Sternum from
Bonnestroo who said that the Logis proposal was good and outlined significant concerns
as well as saying he thought the differences would be product preferences but he thought
the report was right on and correct.
Council Member Nelson indicated she would like to go ahead with the Finance Director's
computer and wait on the others.
Council Member Broussard Vickers asked why it was necessary to wait when the
accountant, auditor and Staff are saying the computer system is an issue. She further
commented that the City is losing Staff time due to issues with the computers. She also
commented that the City is going to be asking its finance people to take on major issues
with the finances without adequate equipment for the job.
Council Member Nelson indicated she did not feel it had been determined that the City
has the money and she is concerned about the payroll tax situation with deferred compo
Ms. Moore-Sykes indicated she was not proposing to do the whole package but would
recommend purchasing the server and the computer stations.
Council Member Nelson asked how much that would cost. Ms. Moore-Sykes indicated
that the server and the computer stations should cost approximately $15,000.
Council Member Broussard Vickers indicated there was $10,000 in the office equipment
budget.
Page 7 of15
City of Centerville
Council Meeting Minutes
May 22, 2002
Ms. Moore-Sykes indicated she would use the $10,000 from the office equipment fund
and find the other $5,000.
Council Member Broussard Vickers suggested the City is losing that $5000 in Staff time
due to the computer issues.
Council Member Capra asked if a server is needed or the computers.
Ms. Moore-Sykes indicated she felt the server was needed because so much data is stored
on the hard drives of the Staff computers that there is not much memory left and that
causes issues.
Council Member Capra asked whether Staff could hook up this system or if the City
would need a professional.
Ms. Moore-Sykes indicated the City would need a professional and said she is looking
into someone who can do that for the City. She then commented that she is not looking
for approval at this time but a consensus that Council could live with the proposal.
Council Member Capra asked if the server could be purchased and hooked up for
$10,000 or less.
Ms. Moore-Sykes indicated she would need to find out if the existing computers would
work with the server.
Mayor Swedberg commented that the hidden cost in this is when the City buys the server
it needs to buy a person to operate it. He then suggested adding very large hard drives
which is very inexpensive and would provide enough memory to solve the crashing
issues. He further suggested that Ms. Moore-Sykes retrieve any information she can off
ofher hard drive and have her hard drive reformatted to eliminate the viruses.
Council Member Broussard Vickers asked if the City could get a server that is compatible
with the machines the City already has.
Ms. Moore-Sykes indicated Logis had suggested going with a server to add memory and
networking.
Council Member Nelson commented that she had the same system bought about the same
time and has had to flush it and start over because it is not a good system. She then
commented that she knew of someone who could help with the virus issues and would
provide that information to Staff.
Council Member Broussard Vickers asked what would happen if the upgraded hard
drives do not solve the problem. She then commented she would not want to be out all
the money to upgrade them.
Page 8 ofl5
City of Centerville
Council Meeting Minutes
May 22. 2002
Ms. Moore-Sykes indicated she would provide further information at the next Council
meeting.
Motion by Council Member Capra. secooded by Council Member Nelson to
authorize the expenditure of UP to 53.000 to work on the computer situation.
Mayor Swedberg suggested asking a professional to use fire wire through the wall to
allow the accounting people to share information along with fixing the viruses and
whatever else is wrong.
AU in favor. Motion carried unanimously.
S. EXeIllPtlNon-ExeIllPt Status
Ms. Moore-Sykes indicated this item had been placed on the agenda to discuss the status
of the exempt/non-exempt classification. She then indicated there had been some discuss
of leaving the current employee at his non-exempt status and changing the position in the
future to make it an exempt position.
Council Member Capra indicated there was a contract with Mr. Patzer dated 1995 and
asked if the City was bound by that contract.
City Attorney Hoeft indicated the document could have been drafted better but said be
feels the City would be bound by the agreement and he feels it is an enforceable contract.
City Attorney Hoeft indicated it was his analysis that the director of public works and
building inspector are the same individual and until those duties are separated the
position should remain non-exempt.
City Attorney Hoeft further explained that the current public works director's job
description contains duties that do not allow for exemption.
City Attorney Hoeft indicated that, if the City is interested in establishing an exempt
position, the City would need to more clearly define the position of public works and
separate out the positions.
Council Member Capra asked if the City is bound by the agreement.
City Attorney Hoeft commented that it is hard to say what the agreement is but it makes
the determination that the current employee at that time would be a non-exempt
employee. He then said that if the position is split into a public works director and a
building inspector then the agreement would not apply.
Council Member Capra indicated her concern lies with the fact that a non-union
employee is doing union work and that is something that the union typically does not like
and could become an issue in the future.
Page 9 of 15
City of Centerville
Council Meeting Minutes
May 22, 2002
Mr. PaIzer indicated that any Staff person has the ability to perform any duties necessary
in the interest of the health or safety of the public and the union agreement has leeway for
that.
Council agreed to leave the position as it is.
Council Member Nelson commented she feels this is an exempt position but she
understands the feelings of those involved and is willing to evaluate when Council looks
at the new position and redefine it at that time.
Council Member Capra suggested looking at the position titles when the personnel policy
is reviewed.
6. The Shores - Resolution #02-015
Motion by Council Member Broussard Vickers. seconded bv Council Member
Nelson to approve Resolution #02-015 as presented. All in favor. Motion carried
unanimously.
VIll. NEW BUSINESS
1. North Metro Telecommunications Commission Update
Council Member Capra indicated that the Commission is close to reaching an agreement
with AT&T Broadband.
2. Mound Trail (Street Update)
This item was heard earlier in the meeting.
3. Joint Meeting with Lino Lakes Council
Council agreed to meet with Lino Lakes Council on June 17,2002 at 6:30 p.m at either
location.
4. Request for Yellow Painted Areas of No Parkin~ on Westview Street
Mayor Swedberg indicated the City had received a letter from Ms. Barron asking that the
yellow paint be redone.
Mr. Palzer indicated that there is old yellow paint in that area and he was confused why
the officer would not issue a ticket. He then said that he did not feel it was necessary to
repaint right now since it is scheduled to be completed in the early fall before the kids gonback to schooL He further commented that this issue stems from an ongoing feud
between neighbors.
Page 10 of15
City ofCenterville
Council Meeting Minutes
May 22, 2002
Council Member Broussard Vickers asked Staff to verify with the police that they would
ticket without the paint and send a letter to Ms. Barron indicating the yellow paint would
be redone in the fall,
IX. CONSENT AGENDA
1. The City of Centerville May 8, 2002 through May 22, 2002 Claims for Approval.
2. Centennial Fire District Expenditures
3. Successful Performance Review - Public Works Director/Building Official Grade
9, Step 8 and Recommended Increase to Grade 9, Step 9.
Motion bv Council Member Nelson. seconded by Council Member Capra to
approve the Consent Aeenda as presented. AD in favor. Motion carried
unanimously.
X. COMMITTEE REPORTS
None.
XI. ADMINISTRATOR'S REPORT
1. Deferred Comp. Report
Council Member Capra asked whether the IRS had been contacted.
City Attorney Hoeft indicated he would look into it and report back.
2. Employment Personnel Policy
Ms. Moore-Sykes indicated she has been working on the personnel policy but said her
computer has crashed and she hopes to be able to retrieve the document from it.
Council Member Broussard Vickers asked what Ms. Moore-Sykes was doing to the
employment policy.
Ms. Moore-Sykes indicated there was not a copy on computer :file so she is combining
several paper copies and retyping it for review.
3. New Agenda Format
Ms. Moore-Sykes suggested only having those needing to appear before Council on the
agenda one time rather than under public hearing, appearances and then new business.
City ofCenterville
Council Meeting Minutes
May 22, 2002
Council Member Broussard Vickers indicated she liked the proposal but would like the
approval of minutes and consent agenda moved to the back of the meeting and public
hearings, appearances and Council business items moved forward.
Mayor Swedberg asked that FYI items not be placed on the dais on the day of the
meeting because it confuses Council as to what is FYI and what needs to be reviewed for
the meeting.
Ms. Moore-Sykes indicated that FYI items would be placed in a folder marked FYI for
Council review.
4. Construction Update (Lloyd Drilling & CenterVilla)
Jerry Engler of 7127 Shad Avenue indicated there was a meeting to discuss the drainage
issues and then, without telling him, excavation started and he has no idea what the plan
is. He further said that the only thing agreed to was that something needed to be done.
City Engineer Peterson indicated he was out at the property and the swale was discussed.
He then explained a swaJe was created at the back of both properties to get the water out
of Mr. Engler's backyard.
Mr. Engler commented that his yard looks terrible and he wants Council to come take a
look.
Council Member Capra indicated there is still work to be done such as sodding and tree
planting.
Mr. Engler indicated he had called and asked for a retaining wall and Mr. Drilling told
him no it was not his problem.
Council Member Broussard Vickers asked what Mr. Engler wanted the City and Mr.
Drilling to do.
Mr. Engler said he wanted his land brought up to level.
Council Member Broussard Vickers asked why that is something that should be a City
responsibility as it has been that way for years.
Mr. Peterson indicated final restoration work would need to be completed but said the
yard does drain to the catch basin.
Council Member Broussard Vickers commented that draining water off of the property
solves the problem.
Mayor Swedberg commented that Mr. Engler had asked that the berm be maintained and
it has and that the water be drained and the City Engineer has found a way to drain it.
Page 12 of15
City ofCenterville
Council Meeting Minutes
May 22, 2002
Council Member Broussard Vickers indicated the project was not finished and asked Mr.
Engler to reserve judgment until the restoration has been completed.
Ms. Moore-Sykes indicated the deadline for the work to be completed is June 1, 2002.
Mr. Palzer indicated the drainage swale looks like it is :functional and noted the area will
need to be either sodded or seeded.
Mayor Swedberg asked Mr. Palzer to work with the developer to make sure Mr. Engler's
yard is returned to its proper condition.
Council Member Broussard Vickers indicated that if the yard is not done by when it is
supposed to be done the City will step in and have the work done at Mr. Drilling's
expense. She then said that, if not done by June 1, 2002 not to expect it done by June 2,
2002 but noted the City would begin the process to have the work done as soon as
possible.
Mr. Palzer indicated there are a number of items to be completed at CenterVilla and there
is a June 1, 2002 deadline. He then said that he is not sure the letter of credit is enough to
make sure the work is done.
Ms. Moore-Sykes indicated the finance people are looking at it to see what funds are
available to perform that work.
Mr. Patzer indicated that he had received a request for permission to have a block party
on Hayfield.
Motion by Council Member Broussard Vickers. seconded by Council Member
Capra to approve the reauest for a block party on Havfield subiect to police and fire
department approvals. All in favor. Motion carried unanimously.
Mr. Drilling arrived at the meeting and asked why he was not informed he needed to be at
the meeting ifhe was on the agenda.
Council indicated he was on the agenda for a construction update and Mr. Engler arrived
to discuss the matter.
Council Member Broussard Vickers indicated that Mr. Drilling needed to sod or seed Mr.
EngIer's yard by June 1,2002.
Mr. Drilling said he has been dealing in good faith with the Engineer, the City and Mr.
Engler and he is still being accused of pulling a fast one. He then said that no one is
pulling any fast one. He further said that he has been told by the neighbors that Mr.
Engler's ground has been 5 inches below the catch basin for years and has held water.
Mr. Drilling indicated that he has agreed to raise the ground at no charge to Mr. Engler so
that his back yard will drain to the catch basin.
Page 13 of 15
City of Centerville
Council Meeting Minutes
May 22, 2002
Council Member Nelson explained that Mr. Peterson bad made it clear to Mr. Engler that
there was a meeting out at the property and it was decided the swale would be created
and that has been done.
Council Member Capra commented that Mr. Engler bad asked for a retaining wall.
Mr. Drilling said Mr. Engler can have a retaining wall ifhe wants to pay for it.
Mr. Drilling commented that this process would have gone more quickly if he bad gotten
cooperation from Mr. Engler. He then said he never entered onto Mr. Engler's property.
Mr. Peterson indicated that the swale is right at the back lot line.
Mr. Drilling said he would like to be notified ifhe is on the agenda.
Council agreed that he would be notified if he was on the agenda but said this item was to
be a brief construction update and Mr. Engler appeared.
Council Member Travis asked if Mr. Drilling, being a resident of Lino Lakes on Mound
Trail, wanted to have Mound Trail fixed.
Mr. Drilling indicated that the road is swampy by Mr. Buechler and said he is not sure
how to fix it. He then commented that Lino Lakes is a charter city and does not assess
for roads.
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to approve Ordinance #24 as presented. AU in favor. Motion carried
unanimouslv .
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to approve Ordinance #51 as presented. AU in favor. Motion carried
unanimouslv.
XU. EXECUTIVE SESSION - PUBLIC WORKS DlRECTORlBUILDING OFFICIAL
City Attorney Hoeft indicated Council would be recessing to executive session to discuss
the performance of the public works directorlbuilding official during the interim city
administrator period. He then said that Mr. Patzer could ask to have the matter heard in
an open meeting.
Mr. Palzer indicated he did not want the matter heard at the open meeting.
Motion bv Council Member Broussard Vickers. seconded by Council Member
Nelson to recess to executive sessi~n. All in favor. Motion carried unanimously.
Council recessed at 8:58 p.rn.
Page 14 of15
City of Centerville
Cooncil Meeting Minutes
May 22, 2002
XIll. ADJOURNMENT
Motion bv Council Member . seconded by Council Member
adioom the Mav 22. 2002 City CooDcil Medina at p.m.
MotioD earried uDanimouslv.
to
All in favor.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Teresa Bender, City Clerk
Tim Swedberg, Mayor
Page 15 of 15
City ofCenterVille
Council Meeting Minutes
June 12,2002
CITY OF CENTERVILLE
CITY COUNCIL MEETING
June 12, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City ofCenterville held their regularly scheduled
meeting on June 12, 2002, at City Hall, 1880 Main Street.
PRESENT: Mayor Tim Swedberg
Council Member Dick Travis
Council Member Mary Capra
Council Member Marl Nelson
ABSENT: None. p
STAFF: City Administrator, Ms. Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
I. CALL TO ORDER
Mayor Swedberg called the June 12,2002, City Council meeting to order at 6:30 p.m.
II. SET AGENDA
Motion bv Council Member Nelson. seconded
Vickers to approve the aeenda as presented.
unanimouslv.
bv Council Member Broussard
AU in favor. Motion carried
III. A W ARDSIPRESENT A TIONS/APPEARANCES
1. Mr. Dan Skoog. 1613 Peltier Lake Drive
Mr. Dan Skoog of 1613 Peltier Lake Drive addressed Council and reminded Council he
had asked that the City look into providing its residents with the ability to pay by credit
or debit card.
Council Member Capra indicated a survey had been done with regard to that.
Mr. Skoog indicated he did not believe the survey was in the best interest of the City
because sending out the survey cost money in postage and staff time. He then indicated
that of the 1200 surveys sent out only 331 were returned and 80 of those 331 wanted the
Page 1 of23
City ofCenteMlle
Council Meeting Minutes
June 12,2002
ability to pay by credit card. He further stated that he feels the cost to the City to provide
this convenience would be worth it.
Mr. Skoog asked Council to reconsider allowing at least the 80 interested residents to pay
by electronic fund transfer or credit card.
Ms. Moore-Sykes indicated that the surveys were sent out with the utility bills so that the
City did not incur any additional postage. She then indicated that everyone in the
community had the opportunity to fill out a survey and, of those that did, the majority did
not see a need for the credit card payment.
Mayor Swedberg asked whether an ACH would cost the City money.
Ms. Moore-Sykes indicated she had met with two officials from Main Street Bank and
had learned that it would cost a substantial amount of money to do this.
Council Member Nelson commented that an ACH would need to be set up for the same
amount each month.
Ms. Moore-Sykes indicated that credit card payments were discussed but a machine
would be needed along with a telephone line.
Council Member Nelson suggested setting up the City to be able to use paypal because
there is no special equipment needed.
Mr. Skoog indicated that 80% of his bills are paid with Visa and the remaining bills are
done electronically. He then said it is the modern way and he would like to have that
option with the City.
Council Member Capra pointed out that the Council had not yet voted on this matter and
said she would like to look into paypals as an option.
Mr. Skoog commented that 25% ofthe residents who responded to the survey wanted this
and then said that perhaps the cost to the City could be offset by a $1.00 surcharge.
Mayor Swedberg asked if it would be helpful to Mr. Skoog to have the option of being
able to have his utility bill held until he returned home.
Mr. Skoog indicated having the bill held would mean extra bookkeeping for the City.
Council Member Capra pointed out that Mr. Skoog lives on Pehier Lake Drive and has
only sewer not water and the sewer amount is a flat fee quarterly.
Council Member Capra indicated that Mr. Skoog would know the amount up front and
could plan to make the payment accordingly.
Page 2 of23
City ofCenterville
Council Meeting Minutes
Juoe 12,2002
Council Member Nelson indicated she was interested in having the City move to the 21st
century.
Council Member Nelson indicated she would like to ask staff to look into the matter by
getting the figures from the bank and looking in to paypals.
Council Member Travis asked that Staff look into merchant accounts and direct deposit.
Council Member Nelson asked Staff to send a letter to Mr. Skoog to let him know what
the ultimate decision on this matter is.
2. St. Genevieve Church. Ms. Valeria Noll
Ms. Valeria Noll from St. Genevieve addressed Council and indicated the Church is in
the process of determining how to expand and she is looking for information from
Council to see if the Church can consider expanding on the present site. She then asked
if it would be possible to vacate Goiffon Road, if there was a possibility to trade, buy or
lease property with the City, and what the likelihood of City water coming to the site
would be.
Council Member Capra indicated she had talked with Mr. paIzer about utilities on
Goiffon and was told he did not believe there were any utilities running in that street.
Council Member Capra expressed concern about Goiffon because of the high speed
traffic and said she feels it is dangerous to cross the street to the Church.
Fire Chief Bennett indicated he would have no problem with closing Goiffon as his crew
comes from the other direction. He also commented that the County may appreciate the
closing of that road.
Mayor Swedberg asked if the City could block off the road without vacating it.
City Attorney Hoeft indicated that if the Church was looking at a proposed expansion the
City would need to vacate the road and said that as long as police and fire have no issue
with it the easiest thing to do would be to vacate the right-of-way.
City Engineer Peterson indicated he did not know of any utilities in the road.
Council Member Capra indicated that bringing water downtown is to be discussed in
August during the budget discussions for 2003. She then said that a deciding factor for
her in approving water to the downtown area would be a Church expansion.
Council Member Broussard Vickers suggested checking with the County to make sure it
does not have an interest in using Goiffon.
Page 3 of23
City ofCenterVi11e
Council Meeting Minutes
June 12,2002
city Attorney Hoeft indicated GoifIon was a City street and could be closed if the City
desired. He then said that closing the street and allowing for an expansion of the Church
would eliminate any proposed use by the County.
Council Member Nelson said she was ready to vacate the street.
Mayor Swedberg indicated there would be options for City land and indicated the City
would be willing to discuss them with the Church.
Council Member Nelson indicated she would be open to discussion on the land but would
lean more toward purchasing rather than trading because the City needs to recover its
costs on that property.
Council Member Travis indicated the ultimate disposition of that property was to be
commercial and he thinks people will have a problem with allowing it to become a
parking lot that does not add to the City's commercial tax base.
Council Member Broussard Vickers indicated the amount of money spent to acquire the
property would need to be recouped.
Council Member Travis indicated he would be more in favor ofleasing the property.
Fire Chief Bennett indicated he would need to have access to the buildings to within 150
feet ofthe farthest side of the building.
Mayor Swedberg indicated that the City water would come up during the budget
discussions which he expects to be completed by mid-August.
Council Member Broussard Vickers commented that the answer on City water to the
downtown area is money and said if the City has the money she would like to do it but
said there is no way that the City can foot the entire bill for running City water down
there.
Council Member Broussard Vickers suggested having joint meetings to discuss the
options.
Council Member Capra indicated it is feasible to bring water downtown but at what cost.
Mayor Swedberg asked Ms. Moore-Sykes to work with the Church to accommodate their
requests and update Council.
Council Member Capra asked if the Church was interested in the City starting the process
of vacating GoifIon regardless of whether the building goes in.
Ms. Knoll indicated the Church is interested in having the road vacated whether or not
the expansion proceeds.
Page 40f23
City ofCenterville
Council Meeting Minutes
June 12,2002
Council Member Travis indicated there would be costs associated with vacating the
street.
City Attorney Hoeft indicated there would need to be public hearings and a small cost for
documentation but he feels the overall costs would be fairly nominal for staff time and
Council time for the process.
Ms. Moore-Sykes indicated her only concern is for public safety to make sure the fire
department can access the parsonage until the Church expands and it is removed.
Council Member Broussard Vickers indicated she was not interested in vacating the road
until it happens as part of the process of expansion. She then commented that the Church
has been told the City is willing to vacate but she is not ready to begin the vacation if the
Church does not expand.
Council Member Capra said that knowing the way the traffic is in the area she thinks
vacating the street is a safety issue.
Council Member Travis suggested dead-ending the street or barricading it.
Council Member Capra asked what the process would be to temporarily barricade the
road.
City Attorney Hoeft indicated it is a City street and the City can do what it wants. He
then suggested Staff verify with the County that it is not an MSA route.
Council Member Capra asked Ms. Moore-Sykes to check with the County to see if the
County had any issues with the City barricading Goiffon Road.
3. Don Anderson
Don Anderson addressed Council and indicated he has lived in Centerville for a portion
of a year but has lived in eastern Anoka County for more than 18 years. He then said he
has been understudying the City Council to gain familiarity with the City. He further
indicated that he has previous experience with serving on Council. the Centennial Lakes
Police Commission and many other communities of cities he has lived in.
Mr. Anderson indicated he would like to continue with his public service and he feels he
would be an asset on the County Board representing District 6. He then said he plans to
file for that seat and pursue the position vigorously.
Mr. Anderson thanked Council for the opportunity to make his announcement for County
Board and said he looks forward to the election.
Mayor Swedberg thanked Mr. Anderson for the infonnation and wished him well.
Page 5 of23
City ofCenleIville
Council Meeting Minutes
June 12, 2002
IV. PUBLIC HEARING(S)
None.
V. COUNCIL BUSINESS
1. Carpenter Property
Ms. Moore-Sykes indicated that Mr. Carpenter had informed the developer he would sell
the property for $25,000. She then indicated he had informed her that he feels this matter
is a private matter and he did not want to waste Council time by corning to the meeting.
Council Member Capra indicated she had contacted Mr. Palzer with regard to a question
on City utilities and he told her that Mr. Rehbein did not pay assessments to put the
utilities into that street.
Council Member Travis indicated there was excess assessment off of another job and
rather than giving the money back it was applied to the assessments for this project.
Council Member Nelson indicated she did not want to extend this any farther because it
has been going on for quite some time.
Council Member Capra indicated she was a little disappointed that Mr. Carpenter did not
come to this meeting. She then asked if there was any evidence that the two parties had
spoken.
Ms. Moore-Sykes indicated she spoke with Mr. Rehbein last week and he knows the
pnce.
Mayor Swedberg asked what Council would need to do if it desired to proceed with
eminent domain.
City Attorney Hoeft indicated Staff would need to draft a Resolution for Council
approval to begin the eminent domain proceeding. He then said the City would need to
have an agreement between the City and Royal Oaks as to how the costs associated with
this process will be paid.
Council Member Capra asked who determines the price of the land.
City Attorney Hoeft indicated that three individuals appointed by the District Court
would decide.
Council Member Capra asked if these individuals would do fair market value or below.
Page 6 of23
City of Centerville
Council Meeting Minutes
June 12,2002
City Attorney Hoeft indicated the individuals are usually fairly conservative. He then
said that the price estimate would likely be only a couple thousand dollars and the real
costs would be the attorney's fees to get the City through the process.
City Attorney Hoeft indicated it may cost approximately $10,000 and that is half of what
the property owner has requested for payment.
Motion bv Council Member Travis. seconded by Council Member Nelson to direct
Staff to prepare a resolution for eminent domain and to notify Mr. Carpenter that
the City is proceedine:.
Council Member Capra said she would hope the parties would come to agreement before
this goes all the way.
Council Member Broussard Vickers indicated she has mixed emotions on this matter
because she sees the matter from both sides. She then said the City has money invested
in the property in terms of improvements but she has a problem with forcing an
individual who did not create this situation to sell his property for fair market value rather
than being able to make a profit on it.
Council Member Broussard Vickers indicated that the situation was created through no
fault of Mr. Carpenter and he is aware that the City and the developer stand to make
money on the deal and is trying to capitalize on the situation. She then said she questions
why the developer has not gone to Mr. Carpenter and offered to pay $10,000 which is
how much it would cost for the eminent domain proceedings. She further commented
that it concerns her that the developer is so willing to pay the attorney's fees rather than
settling with Mr. Carpenter.
Council Member Capra agreed that the property is worth $25,000 to Mr. Carpenter but
said this has gone on for several years and she does not feel it will be resolved unless the
issue is forced.
Council Member Broussard Vickers indicated she would like to have an agreement in
place with Royal Oaks for payment of attorney's fees before any attorney time is spent.
Vote: Ayes - 3. Nays - 2 (Swedbere:lBroussard Vickers). Motion carried.
2. Specifications for 2002 Seal Coat Proiect
Motion bv Council Member Nelson. seconded by Council Member Broussard
Vickers to award the 2002 Seal Coat Proiect to Allied Blacktop for the bid of
$34.860. Ayes - 4. Nays -l(Travis). Motion carried.
Page 7 of 23
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3. CSAH 14 WatennainBid Award
Motion bv Council Member Nelson. seconded by Council Member Capra to award
the CSAH watermain bid to Earthburners for 5158.803.
Council Member Broussard Vickers asked whether Mr. Rehbein had agreed to pay a
certain amount as part of the developer's agreement or waive his right to contest the
amounts.
City Attorney Hoeft said no.
City Engineer Peterson indicated the bids were less than anticipated.
Mayor Swedberg commented that he did not like that people are not informed and not
respected in this process. He then said that even though costs are lower than anticipated
he does not approve of going through the process getting bids and informing residents
what they will pay.
Council Member Broussard Vickers indicated the process has been the same for other
assessments within the City. She also indicated that Council held public hearings to take
resident input and Council had worked to keep costs low.
Mayor Swedberg commented that it is built into the process that the developer has
leverage at the back end ofthis to contest his assessment and residents have no recourse.
Vote: Aves - 4. Nays -1 (Swedbel'l!). Motion carried.
Motion bv Council Member Nelson. seconded by Council Member Broussard
Vickers to approve Resolution 02-021. Ayes - 4. Nays - 1 (Swedber2). Motion
carried.
4. The Shores Developer's Agreement
Bart Rehbein of 1659 Lakeland Circle appeared before Council.
Ms. Moore-Sykes indicated that the developer's agreement had been given to Council at
the start of the meeting and apologized for the lateness of it but the document was in her
email and her computer has been done since May 24, 2002. She then indicated that the
document is blank where the park dedication information should be placed.
City Attorney Hoeft reviewed the developer's agreement with Council.
Mayor Swedberg commented that Eagle Pass 2nd had a new requirement for sodding at
the curb and asked if that was in this agreement.
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June 12,2002
city Attorney Hoeft indicated the sodding requirement was covered in the agreement.
Mr. Rehbein indicated he thought the section concerning :final grading should indicate
that no certificate of occupancy would be granted without the :final grading being
completed rather than saying building pennit.
City Attorney Hoeft reviewed that paragraph and agreed that certificate of occupancy
would be more appropriate. He then indicated that Mr. Rehbein's attorney had asked for
permission to post a bond rather than letter of credit but when advised that the City
prefers the letter of credit agreed to that.
city Attorney Hoeft changed the document to state as reviewed by the City engineer
rather than as prepared by because Mr. Rehbein's engineer prepared the document.
Mayor Swedberg asked if the standards for roads are constant. Mr. Peterson indicated
there were different standards for collector streets versus residential streets but said there
are standards for each.
Council Member Capra expressed concern that a certificate of occupancy could be held
up until cable TV and other utilities are in.
Mr. Rehbein indicated he had submitted the information to all of the utilities and said it
would be ideal to have the cable go in now so there would not be a need to dig up the
area again.
City Attorney Hoeft indicated the park dedication fee was left open and said the fee is
$2,000 per lot and there are 10 lots.
Council Member Broussard Vickers indicated that Mr. Rehbein is giving money in lieu of
constructing the trail and that language is not in the document.
Council Member Broussard Vickers asked the City Engineer to come up with a per foot
price for the trail to put in the agreement.
City Attorney Hoeft changed paragraph nine on park dedication to $20,000 calculated to
be $2,000 per lot multiplied by 10 lots and the amount required by the city for trail
contribution per existing trail standards.
Motion by Council Member Broussard Vickers.. seconded by Council Member
Capra to approve tbe developer's a2reement for Tbe Shores. AU in favor. Motion
carried unanimously.
5. Resolution #02-017 National Small Cities Day
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to approve Resolution #02-017. AU in favor. Motion carried unanimously.
Page 9 of23
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June 12, 2002
6. Computer Bids (LOms. RK7. & PC Solutions)
Council Member Nelson indicated she bad a personal conflict with this topic and excused
herself from the room.
Jason Nelson from RIG introduced himself and indicated he was present to answer any
questions Council Members may have.
Mayor Swedberg asked what the needs of the City were.
Mr. Nelson indicated he felt the needs of the City were quite simple and, although he did
not think it was necessary to go with a server, it was a good idea. He then indicated the
operating systems for the workstations and server are secure and he thinks this will be a
very standard system with nothing special or complicated.
Mayor Swedberg asked if the City would need a systems administrator to run it.
Mr. Nelson indicated the server would not be used as a workstation as its role will be to
distribute files and to run security. He then said that the server should take care of itself
and said the City may wish to purchase additional software if it intends to allow modem
activity on the server.
Mayor Swedberg asked if the City needed to worry about modem use of City files.
Mr. Nelson indicated the City would not need to worry as this is a completely internal
system.
Mayor Swedberg asked if a mirror drive was needed.
Mr. Nelson said he did not think it was necessary.
Mayor Swedberg commented that the majority of data that the City has is its accounting
data.
Ms. Moore-Sykes said if payron. budget and utility billing are included accounting data
accounts for the largest portion.
Mayor Swedberg asked how much wordprocessing data the City bad.
Ms. Moore-Sykes indicated there was substantial wordprocessing data since the City
keeps its Ordinances on the computer.
Mayor Swedberg commented that the issues are with the accounting computers and asked
how old the existing computers were.
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Cily of Centerville
Council Meeting Minutes
JUDe 12,2002
Ms. Moore-Sykes indicated that the computers are three to four years old with hers being
four years old.
Mayor Swedberg asked if the machine for $2,160 was the server.
Mr. Nelson indicated it was.
Council Member Travis indicated the quote was for six machines plus the server and Ms.
Moore-Sykes concurred.
Mayor Swedberg asked if there would only be one printer.
Mr. Nelson indicated he does not sell printers but had included one printer in his bid that
he had located at Best Buy.
Mayor Swedberg commented that the existing hub had four ports.
Mr. Nelson agreed and indicated that he would swap it out for a switch that handles data
transfer better.
Mayor Swedberg asked if it was an Ethernet switch.
Mr. Nelson indicated it was.
Mayor Swedberg asked if it would be possible to run fire wire between the two
accounting computers if the computers had two cards.
Mr. Nelson indicated it would be preferable to have one Ethernet card in each machine
and noted that the transfer of data would be 100 megabytes per second from wherever the
data is. He then indicated that the data is to be stored on the server in one location to
make it easy to back up.
Mayor Swedberg asked if the backup was a small tape drive.
Mr. Nelson indicated it was a DVD burner which is the same as a CD Rom burner but
holds more data.
Mayor Swedberg asked how much more data the DVD would hold.
Mr. Nelson indicated it would hold 4 gigabytes.
Mayor Swedberg asked what happens if the server goes down.
Mr. Nelson indicated if the server went down it would need to be brought back up.
Mayor Swedberg commented that a mirror drive would help with that type of a situation.
Page 11 of23
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Council Meeting Minules
June 12,2002
Mr. Nelson said he feh a mirror drive would be overkill and was not necessary.
Council Member Travis asked what Mr. Nelson charged for setup.
Mr. Nelson indicated that set up is included in each machine with two to four hours for
the server and two hours for each additional machine.
Council Member Capra commented the bid was a little under $10,000.
Council Member Broussard Vickers asked if the bid included any of the software.
Mr. Nelson indicated it did not.
Council Member Capra asked how much the City could expect to spend on software.
Mr. Nelson indicated that the costs for software were dependent upon which software
packages the City purchased.
Mr. Nelson indicated he could transfer the existing software to the new machines.
Mayor Swedberg noted the City was having virus problems and asked if Staff knew
where they were coming from
Ms. Moore-Sykes indicated they have been coming from someone in town and this
person has been notified.
Mayor Swedberg noted the proposal did not include virus protection.
Mr. Nelson indicated he would install the virus software and noted the City would need
to make sure that it kept its virus software updated.
Mr. Nelson indicated that the fix for a virus comes out after the virus is out and said the
best defense is to be aware and not open strange attachments.
Scott Johnson from PC Solutions indicated his company had been in business for 30
years and has 30 people on staff: and half of them are technical people.
Mayor Swedberg asked why Mr. Johnson had recommended Pentium 3 machines.
Mr. Johnson indicated that the industry has seen no real speed difference in the Pentium 3
versus the Pentium 4 and noted the main difference is in the motherboard.
Mr. Johnson indicated his proposal would have a mirrored hard drive which may seem
redundant but having the second one allows for a hot swap of the drives which means the
server does not need to be brought down if a drive fails.
Page 12 of23
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Council Meeting Minutes
June 12,2002
Mayor Swedberg asked how many bays.
Mr. Johnson said up to six.
Mayor Swedberg asked about the backup system proposed.
Mr. Johnson indicated he had proposed a DDS4 tape drive which can copy 20 gigs
without having to compress the data. He then indicated that may be overkill at this time
but he wanted to allow for growth.
Mayor Swedberg asked for more information on the warranty offered.
Mr. Johnson explained the warranty is a combination of a Compaq warranty and a
warranty from PC Solutions for a complete three-year warranty on parts and labor.
Mr. Johnson indicated the warranty guarantees a 4 hour onsite solution with both parts
and labor which means a machine is brought in that is a duplicate of the City's machine
and any part that goes down can be had within four hours. He then commented that the
issue with white box machines is that if something needs to be rebuilt it is necessary to
track down the drivers and have the information reprogrammed.
Mayor Swedberg indicated that Mr. Johnson proposes using small business server 2000
but XP for the other machines and asked why.
Mr. Johnson indicated he recommended Office XP and Windows 2000 professional for
the workstations.
Council Member Capra asked if it was necessary to replace the monitors at this time.
Mr. Johnson indicated he was asked to mirror the Logis quote and that is why monitors
were included. He then said that the City would be able to use the existing monitors.
Mayor Swedberg asked if there would be an uninterruptible power source on the server.
Mr. Johnson said yes.
Mayor Swedberg asked if that would condition the line too.
Mr. Johnson indicated that the system would provide 30 minutes of down time and would
then go down gracefully.
Mayor Swedberg asked if adding larger drives later would be an issue.
Mr. Johnson indicated that large drives should not be necessary because most of the data
should be stored on the server not on personal computers.
Page 13 of23
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Council Meeting Minutes
June 12,2002
Mayor Swedberg noted the proposal included firewall.
Mr. Johnson indicated he had included it for in the future when Broadband becomes
available.
Mr. Johnson indicated that in putting a quote together with the Microsoft Small Business
2000 he did not think the City needed the small business server and noted the main
advantage would be e-mail He then said that the cost difference is minimal but the City
could get away with the standard 2000 server.
Council Member Broussard Vickers indicated the computer situation needed to be fixed
right away.
Council Member Broussard Vickers indicated she would like to have Ms. Moore-Sykes
sit down and decide which system she would prefer. She then indicated she would like to
recommend that Council authorize the expenditure of up to $20,000 for computer
equipment and noted she would prefer to start with a system that is not out of date when
it is purchased.
Motion bv Council Member Broussard Vickers. seconded by Council Member
Travis to authorize the expenditure of UP to 520.000 for the purchase of computer
equipment in whatever manner staff and the Council Members that are interested
in participatin2 would see fit. All in favor. Motion carried unanimously,
7. Ordinance #4
Ms. Moore-Sykes asked if any Council Members had input on Ordinance #4 before the
public hearing is set.
Council directed Staff to schedule the public hearing on Ordinance #4.
8. Proposed Fireworks Ordinance
Fire Chief Bennett addressed Council and asked that the City adopt the proposed
Ordinance as an emergency ordinance in order to assist the fire department with the
regulation of the recently legalized fireworks. He then indicated that the other two cities
had adopted the ordinance as proposed.
Council Member Broussard Vickers asked whether the types of fireworks that the City
had in the park are considered consumer fireworks.
Fire Chief Bennett indicated that the type of fireworks held at the park require a permit
and by law must be done by a licensed pyrotechnic and the law requires insurance.
Page 14 of23
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Council Meeting Minutes
June 12, 2002
city Attorney Hoeft indicated a public hearing and the necessity to publish the ordinance
two times is waived if Council adopts the ordinance as an emergency ordinance in the
interest of public safety.
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to adopt the consumer fireworks ordinance as proposed by the fire chief as
an emel'2encv ordinance and direct staff to use the next ordinance number. AU in
favor. Motion carried unanimously.
9. 2002 Budget Adiustments
Ms. Moore-Sykes indicated she had provided copies of the resolutions in Council FYI
files and then indicated Staff is prepared to ask Council approval ofthe resolutions.
Finance Director PauIseth gave a brief overview of the accounts needing funds transfers
for Council. She then indicated that Staff had reviewed the minutes for the last year and
a half and did not find any official Council action on the 109,000 to the general fund.
Mayor Swedberg asked if the Park and Recreation minutes were reviewed. Staff
indicated that only Council minutes were reviewed.
Finance Director Paulseth indicated she had asked the auditor if it was possible to do the
transfer and make it retroactive and the auditor indicated he was not comfortable with
that.
Council Member Nelson indicated she thought that the enterprise fund was an active
account for the EDC and should not be closed.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to approve Resolution 02-018. AU in favor. Motion carried unanimouslI.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve Resolution 02-019. AU in favor. Motion carried.
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to approve Resolution 02-020. All in favor. Motion carried unanimously.
10. Fund Transfers
Mayor Swedberg asked Finance Director Pau1seth to update Council as to the progress
being made with the City's finances.
Finance Director Paulseth indicated the negative fund balances will be taken care of with
tonight's resolutions. She then indicated that there were a number of capital projects
funds she has been investigating and will provide further information when it is available.
She further noted it appears there has not been enough escrow to finish the projects.
Page 15 of23
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Council Meeting Minutes
June 12,2002
Council Member Broussard Vickers asked if the City has the ability to go back to the
developers to recoup any funds expended to finish the projects.
City Attorney Hoeft indicated that the City could attempt to collect the amounts owed
and said he would need to look at the agreements to determine what can be done.
Finance Director Paulseth indicated she had not had a chance to review the debt service
funds and will do that shortly. She then noted that she suspects some of the debt service
funds are in the red due to timing issues with special assessments not getting on the tax
rolls quickly enough.
Finance Director Paulseth indicated she had revised the monthly financial report due to
an error caused by a computer glitch.
Mayor Swedberg asked what would be done about the previous authorization to purchase
a server.
Ms. Moore-Sykes indicated she would handle the matter.
Mayor Swedberg indicated the City's interest earnings are woefully inadequate and it
would be good to reallocate some funds.
Finance Director Paulseth indicated that authorization for staff to make investments on
behalf of the City is on the consent agenda to be approved later in the meeting.
Mayor Swedberg asked what the City needed as cash.
Finance Director Paulseth indicated the City needs cash of33 to 50%.
Council directed Staff to prepare a resolution for setting up cash reserve interest earnings
and cash reserve.
Council recessed at 8:25 p.m.
Council reconvened at 8:37 p.rn.
11. Liquor Ordinance - City ofPlvrnouth
Mayor Swedberg indicated he had been working with the model ordinance from the
League of Minnesota Cities and the Plymouth ordinance provided by the City Attorney
and it is difficult to go back and forth. He then said it works better to use the model
ordinance and then insert the penalty information from the Plymouth ordinance.
Council Member Broussard Vickers asked what Mayor Swedberg did not like about the
Plymouth ordinance.
Page 16 of23
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Council Meeting Minutes
June 12,2002
Mayor Swedberg said it is not complete, it is not concise and it is not as updated.
city Attorney Hoeft said he did not have an issue with cutting and pasting the ordinance
in any manner. He then said that he would review the final product to make sure that
nothing has been left out.
Council Member Broussard Vickers indicated that she had found the wording that
Council "must" do things objectionable .and as long as the wording is changed to Council
"may" she did not have an issue.
Mayor Swedberg indicated he would like to have a public information meeting with the
liquor license holders before holding the public hearing.
Council Member Broussard Vickers indicated she was not interested in a special meeting
unless the parties involved have issues with the proposed ordinance.
Mayor Swedberg said he would like resolution of the matter by the end of July.
Council Member Nelson indicated she would like to add a percentage to the number of
employees on the chart that sets out how to get the points. She then suggested adding
50% of employees.
Mayor Swedberg commented that the whole idea is to offer incentives for businesses so
you do not have kids in bars.
Council agreed to have the public hearing at the second meeting in July.
VI. CONSENT AGENDA
1. The City of Centerville May 23, 2002 through June 12, 2002 Claims for
Approval.
2. May 2002 Month End Financial Statements
3. St. Genevieve's Request for 3.2 TemporarylEvent Liquor License - Annual
Chicken Dinner
4. Investment Authorization
5. Centennial Fire District Expenditures
6. Waive Permit Fee for Centennial Fire Department Shed
7. Permit Commencement for AT&T Broadband - Upgrading the Franchise
Council Member Broussard Vickers asked that Item 4 be removed for discussion.
Motion by Council Member Nelson. seconded by Council Member Travis to
approve consent aeenda items 1. 2. 3. 5. 6. and 7 as presented. AU in favor. Motion
carried unanimouslv.
Page 17 of23
City ofCenterville
Council Meeting Minutes
June ]2,2002
Council Member Broussard Vickers questioned whether it would be necessary for
insurance purposes to have employees bonded that have access to the City's finances.
Ms. Moore-Sykes indicated she would look into the matter and report back to Council.
Motion by Council Member Nelson. seconded by Council Member Broussard
Vickers to approve consent 112enda Item 4 as presented.
Mayor Swedberg asked if this motion would be setting up a cash policy of 50%.
Ms. Moore-Sykes said no.
Vote: AD in favor. Motion carried unanimously.
VII. APPROVAL OF COUNCIL MINUTES
1. May 22. 2002 Council Meeting Minutes
Council Member Broussard Vickers requested the following change: On Page 3 change
the word Larson to Developer.
Motion by Council Member Broussard Vickers. seconded bv Council Member
Nelson to approve the City Council Minutes of May 22. 2002 as amended. AD in
favor. Motion carried unanimouslv.
VIII. ANNOUNCEMENTS/uPDATES
1. Pheasant Marsh 2nd Addition. The Shores. CenterVilla. Eagle Pass 2nd Addition.
Uptown Center (Lloyd Drilling) (Mr. Tom Peterson)
Lloyd Drilling appeared before Council and indicated he had faxed a letter to Ms. Moore-
Sykes on May 23, 2002 containing a recap of the issues with his development. He then
indicated that most things would be done by June 20, 2002 barring any weather related
delays. He further indicated he had not had any negative input from Mr. Engler
concerning his property. He also noted that the drainage appears to be working since
there was a heavy rain on Monday night and no standing water in Mr. Engler's backyard.
Council Member Broussard Vickers asked how much of the Engler property was
affected.
Mr. Drilling indicated he would be glad to sod the area if that is what Mr. Engler wants
but said he feh it would be more maintenance for him than seeding would be. He then
c1arified that if the small area where a load of dirt was used to raise the area two inches to
get the water to flow he would sod that area.
Page 18 of23
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C""""j) Meeting Minutes
June 12,2002
Council Member Broussard Vickers asked Mr. Drilling to contact Mr. Engler about the
sod.
Council Member Broussard Vickers commented that there was originally to be a berm on
the east side with trees.
Mr. Drilling indicated he had put trees in and raised the grade up two or three feet. He
also indicated a fence would be installed on the berm. He then indicated he had also
added a smaIl section of fence running north and south that was not called for in the
plans.
Council Member Nelson thanked Mr. Drilling for working so hard at cooperating with
Mr. Engler.
Council Member Nelson asked for an update on the personnel policy.
Ms. Moore-Sykes indicated she was making progress on the personnel policy until her
computer crashed on May 23, 2002. She then indicated she had kept a backup on disk
and would be able to resume working on it once she had her new computer.
Ms. Moore-Sykes indicated that Comer Express had asked for an extension to June 30,
2002 until their permanent sign is installed.
Ms. Moore-Sykes indicated the Trio Inn sign was gone.
Ms. Moore-Sykes indicated that Performance Auto has said they are not sure what they
will do and are not sure why they have to remove the sign.
Council Member Nelson asked when the City could move it if the business owner did
not.
Ms. Moore-Sykes indicated it could be moved by the end of the week.
2. AT&T Broadband (Mary Capra)
Council Member Capra reported that the Cable Commission is close to reaching an
agreement on the franchise agreement and noted the contract should be voted on at the
June 19,2002 meeting.
Council Member Capra indicated there is money in an account through the Cable
Commission to purchase new microphones for Council Chambers.
Council Member Capra indicated that the Cable Commission is looking at building or
purchasing a building because there will be PEG fees available and it is a good time to do
so.
Page 19 of23
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Council Meeting Minutes
June 12,2002
Council Member Capra indicated there would be an additional staff person next year.
Mayor Swedberg asked how much of the legal work the City would have to pay for.
Council Member Capra indicated that the legal work was paid for out of the
Commission's budget.
Ms. Moore-Sykes indicated she had learned that 800 residents within the Cable
Commission cities have one-way broadband and two-way broadband will be available in
2003.
Mayor Swedberg asked for more information on the memo from Brian concerning deed
restrictions.
City Attorney Hoeft indicated there are no restrictions on the deeds.
Council Member Capra indicated that Mr. Rivard may have done a handshake deal but
there is nothing official.
Mayor Swedberg asked if the City was any closer to the deed on the Turcotte property.
City Attorney Hoeft indicated the matter was in the hands of the Examiner of Titles and
could be there for six months.
Council Member Capra asked if there was an update on the deferred compensation issue
from the IRS.
City Attorney Hoeft indicated he had received an opinion from the Attorney General's
Office on the matter. He then said he and others from his office have been analyzing the
decision and, at this time, are unsure what the decision means.
City Attorney Hoeft indicated that Mr. Hee1ner was working with Mr. McDonald on the
IRS funds.
Council Member Capra indicated she had been asked by Ms. Donna Carlson of the Lino
Lakes Council to give a presentation on how to get started with historic photographs.
Council Member Nelson reported that the EDC meeting took place and noted that there
have been problems with the Committee for several months. She then explained that the
issues were discussed and the Committee would like more Council Members present for
events. She further indicated that the EDC would be reviewing its bylaws to determine
whether a non-resident, non-business person could serve on the Committee as this person
works at the bank and there is consensus that this person would be good for the
Committee.
Page 20 of23
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Council Meeting Minutes
JUDe 12,2002
Council Member Nelson indicated that the EDC had come up with five items that it
would work to support and those were the Minnesota Design Team Plans, supporting
County Road 14 widening, downtown mixed use and revitalization, and soliciting
business members for EDC members.
Council Member Nelson indicated there had been discussion of asking the City
Administrator to have fuce to fuce contact with businesses and communicating with the
EOC because they feel they have no connection with the businesses.
Council Member Nelson indicated that the Committee had discussed that the meetings
are held at night and business owners are not available and committee members are not
available to the business owners during the day.
Mayor Swedberg asked if there was a need for a Chamber of Commerce meeting.
Council Member Broussard Vickers indicated she was not in favor of encouraging more
Staff contact with the businesses because Staff is needed elsewhere. She then said that
any time a business wishes to contact the City that is fine but she does not feel that Staff
has the time to solicit contacts.
Council Member Broussard Vickers indicated she is concerned with an advisory
Committee voicing its support of the widening of 14 when Council will be opposing it.
Council Member Nelson indicated she gave the EDC information indicating Council
intended to oppose the widening.
Council Member Broussard Vickers indicated she would like to caution EDC members
from having any conversations with the County that would lead the County to believe
that the City will be supporting the widening.
Council Member Capra asked that the comments of Council be emailed to the
Committee. Council Member Nelson indicated she would provide the information to the
EDC.
Council Member Broussard Vickers indicated she feh that Council Members do a good
job of attending various functions and noted that there are a variety of functions within
the City that need attending and not every Council Member can be at every function. She
also noted that if three or more Council Members are at an event the event would need to
be posted.
Council Member Broussard Vickers indicated that the Parks and Recreation Committee
had made some recommendations to Council concerning the use of the ball fields for two
weekends and she did not see that on Council's agenda for approval.
Council agreed that there was no authorization necessary since no costs were involved.
Page 21 of23
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Council Meeting Minutes
June 12,2002
Council Member Broussard Vickers indicated that a representative from the soccer
association had come forward and wants to sprinkle the soccer fields and, in return, has
asked that the City keep the field for soccer use for three to five years. She then indicated
that the Committee will get bids and find out if water is accessible before providing a
recommendation to Council.
Council Member Broussard Vickers indicated that the Parks and Recreation Committee
intends to look at its budget at an upcoming meeting and noted that the skate park would
open June 21, 2002 and there should be feedback on how things are going at the park by
the first meeting in July.
Ms. Moore-Sykes indicated that the Lions had asked for various permits for the Fete des
Lacs Festival and noted the requests would be on the June 26, 2002 agenda.
Council Member Travis indicated that the Planning and Zoning Commission is looking at
the massage parlor, body piercing and tattooing ordinances. He then asked if a date had
been set for the NEMO training.
Ms. Moore-Sykes indicated she had been playing telephone tag with NEMO and said she
would notifY Council when a date is available.
Council Member Nelson asked Staff to find out how long this training would be and
asked that it be held at a Council meeting if possible.
Mayor Swedberg noted the police budget is $50,000 higher for next year.
Ms. Moore-Sykes indicated a copy of the agenda and minutes had been placed in the FYI
files for review.
Council Member Nelson asked what would happen if the City did not pay,
City Attorney Hoeft indicated he was going to treat that question as a rhetorical question.
Ms. Moore-Sykes indicated Mr. PaIzer had been contacted by a party interested in
purchasing the 1975 tanker truck the City owns. She then indicated the tanker truck is in
sad shape but the individual is interested in fixing it.
Motion by Council Member Broussard Vickers. seconded bv Council Member
Travis to approve the sale of the 1975 tanker truck. All in favor. Motion carried
unanimously.
Page 22 of23
IX. ADJOURNMENT
City ofCenterville
Council Meeting Minutes
June 12,2002
Motion bv Council Member Nelson. seconded bv Council Member Travis to
adiourn the June 12. 2002 City Council MeetinS! at 9:50 p.m. All in favor. Motion
carried unanimously.
c
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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Teresa Bender, City Clerk
Page 23 of23
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CITY OF CENTERVILLE
CITY COUNCIL MEETING
June 17, 2002
8:30 p.m.
The City of Centerville held an emergency meeting on June 17, 2002, at City Hall, 1880 Main
Street. ~
PRESENT: Mayor Tim swedberg@\\f1(OJl9J
Council Member Dick Travis ~ r? 0 I \J \:37
Council Member Mary Capra !/;\ rQ) 0 U
Council Member Linda Broussard Vicke~Lr
ABSENT:
Council Member Nelson
STAFF:
City Administrator, Ms. Moore-Sykes
I. CALL TO ORDER
Acting Mayor Travis called the June 17,2002, Emergency City Council meeting to order
at 8:37 p.m.
II. COUNCIL BUSINESS
1. Computer Issue
Council Member Travis asked what issue was to be discussed.
City Administrator Moore-Sykes asked if Council had received the email from Mayor
Swedberg.
Ms. Moore-Sykes Sykes reminded Council that on Wednesday night at the Council
Meeting two of the interested vendors had provided a presentation to Council and
Council had authorized Staff to spend up to $20,000 to get the needed computer
equipment with input from Council.
Ms. Moore-Sykes indicated she had issues she did not feel comfortable in discussing at
the Council Meeting that night and decided to withhold her comments until she met with
whichever Council Members were interested in providing input into the selection of the
computer equipment. She then said that she felt it was her job as City Administrator to
raise a red flag about a perceived conflict of interest with the City selecting Council
Member Nelson's son. She further indicated that when she contacted Mayor Swedberg
the next day to set up a meeting he was already in a meeting with computer professionals.
Page 1 of 11
Council Member Broussard Vickers said he decided what to buy and told Staff without
allowing any Staff input.
Ms. Moore-Sykes indicated this meeting was called to determine how to proceed because
the action was not authorized in the motion making it illegal unless the motion made is
rescinded and Council makes a new motion.
Council Member Broussard Vickers said she thinks Council should stay with what was
decided as she feels Staff should have the largest input into which vendor they are the
most confident in and comfortable with. She then said that Mayor Swedberg had some
equipment type suggestions and suggested the Mayor work with Staff to provide an
equipment list for an apples to apples comparison.
Council Member Capra indicated she had contacted City Attorney Hoeft to discuss the
potential conflict and was told that he did not feel it was an issue because Council
Member Nelson removed herself from the discussion and was not part of the voting
process. She then indicated she was concerned with legal ramifications if the contract
was given to RK7 and then taken away and City Attorney Hoeft had advised her that he
recommended that a letter be sent to RK7 rescinding the contract due to changes in
equipment needs of the City. He also recommended to be fair that the City should allow
those interested vendors to provide new quotes based on the equipment list provided by
the City.
Council Member Capra indicated that City Attorney Hoeft had said that, if RK7 had
purchased any equipment, the City would be responsible for those costs.
Council Member Broussard Vickers asked if Mayor Swedberg had placed the order after
sending his email.
Mayor Swedberg said he spoke to him on the phone and said yes they talked about
ordering it.
Council Member Broussard Vickers asked if the Mayor then called back and said not to
order it.
Mayor Swedberg said based on a call he received from Council Member Broussard
Vickers he had called and said not to order it.
Council Member Capra indicated City Attorney Hoeft had advised to address this as
quotes and not bids. She then said she would like to send the letter to RK7 as
recommended by legal counsel. She further said she would like to consider using the
state purchasing process in order to avoid any issues.
Council Member Broussard Vickers indicated the quotes that the City had all involved a
server and now Mayor Swedberg feels like a server is not the right thing.
Page 2 of 11
Mayor Swedberg said he had talked about going to a SCSI server which is just a different
way for the machines to talk back and forth but it is more expensive than the previously
discussed server. He then said he would be fine with going back to the originally
proposed server but wanted to add a CD burner in all the machines so that data could be
moved to various machines. He also indicated he would like to purchase more memory
for each ofthe machines.
Ms. Moore-Sykes indicated RK7 had proposed a DVD writer and she has since learned
that the DVD writer is not up to speed and she was unsure if Mayor Swedberg meant a
CD burner or DVD burner.
Mayor Swedberg said he would like a DVD on the server and a CD burner at the work
stations.
Mayor Swedberg asked what the key issues were.
Council Member Broussard Vickers said she feels the first step would be to reach an
agreement on the equipment to be purchased. She then said that once the equipment list
is agreed to by the Mayor and City Administrator she would like to solicit apples to
apples comparisons from the interested parties.
Council Member Broussard Vickers indicated the third issue would be Staffs comfort
level with the vendor to be selected for the purchasing of the equipment and ongoing
relationship for installation and service.
Council Member Broussard Vickers commented that she was not comfortable with some
of the lingo or wording used by RK7 and did not feel it was a good way to conduct
business. She then said that everything needs to be spelled out and Staff needs to have
confidence in the vendor they choose to work with.
Ms. Moore-Sykes indicated she was concerned and wanted to raise a flag about a
perceived conflict of interest with the real reason she did not bring it up at the meeting
being because no one has filed for re-election and she did not want to go on record
suggesting this may be an issue. She then said that with Council Member Nelson
recusing herself this evening she is more comfortable with the possible selection ofRK7.
Council Member Broussard Vickers commented that this is not a one time decision and
could lead to future decisions.
Council Member Capra cautioned that the City was treading into a sticky area and could
get into trouble for discriminating against him because he is a Council Member's son.
Council Member Broussard Vickers said she wanted to look at the competence level of
all providers. She then said that she would like to have the quotes include the price of the
equipment and what types of services are included including a warranty, if any. She
further said that she would look to the Staff for who they felt the most comfortable with.
Page 3 of 11
Ms. Moore-Sykes indicated that when Logis did a quote for the City it was not a
competing quote and noted the Logis price would include an annual dues payment of
$6,000 or $7,000. She then clarified that Logis took its price estimates from the state
bidding process.
Council Member Travis said he wanted to make sure that there is an apples to apples
comparison to avoid any issues.
Council Member Capra commented that the quote from Nano Systems was just
equipment and should not be included in the comparison. She then said she was upset on
Friday with how Staff handled this. She then said it was suggested that the lowest bidder
was Nano Systems when it was not. She further stated that she wanted to make sure there
was an apples to apples comparison.
Council Member Broussard Vickers indicated she would like equipment, software,
server, service and/or labor spelled out.
Council Member Capra said she would like to add that she thinks there were things left
out of the computer proposal that are relevant and the biggest thing is the Sensus if the
City is to get that up and running there is a need to know what computer equipment is
needed to run it.
Council Member Capra said there may be a need for a separate computer for the Sensus
program. She then said that Council approved up to $5,000 for computers for the City
Administrator and Finance Directors and she would like to get those.
Council Member Broussard Vickers indicated that $20,000 was approved and she feels
that after resolving the miscommunication issues Staff should be able to proceed and
have the orders placed by the end ofthe week.
Ms. Moore-Sykes indicated that the quote from Nano Systems was obtained when Staff
was operating under the direction to purchase computers for the City Administrator and
Finance Director.
Council Member Capra indicated she would like to investigate what would be needed and
the costs involved to implement the Laser Fische as proposed by the Communications
Task Force. She then said she feels the website progress is moving at a snail's pace and
recommended Staff contact Rose from North Metro Cable for assistance with the
website. She further commented that Rose may be able to help the City with its website
for free or very little cost.
Ms. Moore-Sykes indicated that Kim has been putting in three mornings a week and will
have an update at the next Council meeting. She then said she looked at it today and it
looks good and said Kim has put in a lot of work.
Page 4 of 11
Council Member Capra commented that Rose could work on it online rather than having
to come to City Hall. She then said the Cable Commission had authorized training for
Rose as her assistance could be an asset to the communities within the franchise.
Council Member Capra said she feels that if this will take much longer she feels Staff
should purchase the two computers and not delay.
Council Member Broussard Vickers said she felt Council should be able to settle it
tonight.
Mayor Swedberg summarized that there is a question of the confidence level of vendors,
the equipment to be purchased, concern with the relationship with RK7, and a need for
written certainty and clear contract terms.
Council Member Broussard Vickers clarified that RK7 had used wording like "I'll throw
that in" when discussing his proposal and that concerns her.
Ms. Moore-Sykes indicated she would like to suggest that each vendor include two or
three references of places where they have worked so Staff can verify a track record on
warranty service.
Council Member Broussard Vickers agreed that references would help because no one
really knows any of these vendors.
Ms. Moore-Sykes indicated she had never heard of any of the vendors before working
here.
Mayor Swedberg confirmed that Staff is more comfortable with the perceived conflict of
interest because Council Member Nelson recused herself. He then said that there is
concern with providing the proper equipment to run the Sensus program.
Council Member Travis said to avoid conflict the City will have to go with an apples to
apples comparison
Mayor Swedberg asked if there were concerns with him as he went through the process.
Ms. Moore-Sykes indicated that the action taken did not reflect what was approved by
motion.
Mayor Swedberg said the motion provided in the minutes was not the motion made at the
meeting. He then said he would be the first person to admit if he had done something
wrong. He then said he had drafted a chronology of events and a transcript of the
conversations and the motion made during the meeting.
Mayor Swedberg indicated he had received a call at 2:00 p.m. on Thursday and then read
a chronology of events he had prepared.
Page 5 of 11
Thursdav. June 13.2002
Ms. Moore-Sykes called me after 2:00 p.m. at work and asked if I was working on the
computer issues. I said yes; the folks were looking at it right now. She explained she
was going to a meeting at 3:00 p.m. or shortly thereafter and she wanted an answer prior
to that meeting. I said I would try to get back with her before that time and I did right
before 3:00 p.m.
I said based on the conversations I had with the computer folks at my office, any of the
systems would work, but it was a matter of how elaborate you wanted to get. I informed
her that RK7 then would be the low bid.
At that time she stated she had conflict of interest concerns about the RK7 proposal. I
stated that after last night's Council Meeting, I specifically asked Mr. Hoeft, City
Attorney, if there were any conflict of interest problems. He assured me that there were
none in his opinion. I told Ms. Moore-Sykes that I therefore had no problem with the
lowest bid and that we would disagree on this one.
That evening after work I went right to the Police Commission Meeting at Centerville
City Hall. The meeting lasted until close to midnight.
Mayor Swedberg indicated he had sent an email message out on Friday and had received
a telephone message from Council Member Broussard Vickers. He then read a
chronology of events ofthat day.
At 1 :30 p.m. that expressed concerns based on his email message. She asked for a
meeting to discuss this issue and not ward the contract for the computer systems. I
returned her call and left a voice mail message.
I also received a voice mail message from the City Administrator at 1:38 p.m. Ms.
Moore-Sykes said that she was raising a red flag and had serious reservations about
awarding the contract to RK7. I believe I again explained about the City Attorney's
opinion. We agreed a meeting would be held in conjunction with the scheduled joint
meeting with Lino Lakes Council and she would arrange for the notice and notification of
Council Members to address their concerns.
I could not get in touch with Council Member Broussard Vickers, but left a second voice
mail message stating that a meeting was going to be held on Monday night and she could
reach me at home if she needed to talk about the issue. As of Sunday afternoon, I have
not been contacted by Council Member Broussard Vickers.
Mayor Swedberg read a transcript of Council discussion concerning the computer issue
he had transcribed from the videotape of the June 12,2002 Council Meeting:
Page 6 of 11
Mayor Swedberg: These have been very helpful to me, it's kind of numbing. It's a very,
very technical sort of thing. Does the Council want to do something tonight or what is
Council's pleasure on this?
Council Member Broussard Vickers: I think between what Staff thinks and whatever
Council, you have, where you want to have some input into it, I think it just needs to get
done and it needs to get done right away and I think we have already provided for as
much as possible in the budget and I think we just need to pick it and buy it and fix it.
Mayor Swedberg: So we're talking.. " the systems are not identical, the stuff is not
identical, so we are not comparing apples to apples, so we've got say $6801., . and we
have that's not correct.
Council Member Broussard Vickers: Well, we basically had talked about up to $25,000,
hadn't we at some point in time those were some numbers that we had talked about
possibly needing to do.., That's kind of where we started isn't it. Give or take.
City Administrator Moore-Sykes: Give or take. But, also, that includes some wish list
stuff, like hooking up the public works to City Hall so we could better back and forth
communications,
Council Member Broussard Vickers: This won't do that?
City Administrator Moore-Sykes: No, these won't do that and...,
Council Member Broussard Vickers: And would they be capable of doing it in the
future?
City Administrator Moore-Sykes: I believe so.
City Administrator Moore-Sykes: If we were at some point wanting to hook up with
public works and we could do that with a Broadband connection.
(Note: The gentleman from PC Connections Inc. commented from the back of the
room.. . sure there are a couple of ways to do it. ..the server can be used offsite through
broadband).
Council Member Broussard Vickers: I guess what I would like to see happen is,. .ya
know.. Tim if you want to, and Kim, sit down do your picking and make your decisions
and get it, I mean I, we know that there's money in the budget. WE talked about at least
starting with $10,000 from the office equipment or supplies and buy it and get it rolling.
We are....we are....
Council Member Capra: I believe it would be anywhere between $12,000 to $15,000.
Page 7 of 11
Council Member Broussard Vickers: Well, and ya know what, up to $20,000 to me, we
know we need something, we don't need to start out with a system that's going to already
be behind when we can get it. To have a bit more when we buy it to start with, to me,
would be a better idea then making it barely able to do what we needed to do today.
Because it won't be long and it won't be enough right away so I'd rather see a little more
spit for a little more size. I don't know anything about computers and systems but I'd
rather see a little bit more than less than what we need and if it takes $20,000, to get it
done in whatever configuring you want to come up to and have at it. I guess.
So. I make a motion to authorize UP to $20.000 to purchase the necessary computer
eQuipment and whatever manner staff and the council members that are interested
in participatinl! that would see fit.
Mayor Swedberg: Is there a second?
Council Member Travis: I second it.
Mayor Swedberg: Any discussion? I think this is a wise thing just to authorize it and
flesh how we go about this. Mr. Hoeft do you have any comment?
City Attorney, Mr. Hoeft: No, that's fine.
Mayor Swedberg: Any other thoughts? All those in favor say aye.
Motion is carried.
Mayor Swedberg: I thank everybody for their attention tonight.....
Mayor Swedberg said he spent father's day weekend working on computer issues and he
feels it is clear that he followed the process that exists and he feels that there is a conflict
of interest based on Ms. Moore-Sykes lack of performance and control over who called.
She never had to take Jason Nelson's name. He further said that all along the way Ms.
Moore-Sykes had control of the process and what he does not like is the bid was
submitted on the 28th or 29th of the month and she never even had to take the card if she
thought there was a conflict of interest. He said why not raise the flags then instead of
after getting this far into the process.
Council Member Broussard Vickers said it is not up to her (Ms. Moore-Sykes) to deny
the quote. She then said it would have been inappropriate for her to do so.
Council Member Capra indicated she had suggested that Jason come and assist Ms.
Moore-Sykes with the virus issue on her computer and she did express at that time
concern with a conflict of interest. Council Member Capra then said that she knew
Council Member Nelson well enough to know she would step aside from decisions. She
then said she believes Council is getting deeper into this and she does not want to
discriminate against a vendor because he is a Council Member's son.
Page 8 of 11
Council Member Broussard Vickers explained her thought process when making the
motion was that Staff would make the decision with input from Council and she feels that
the Mayor made the decision with no input from Staff.
Council Member Broussard Vickers indicated she was not questioning the Mayor's
computer knowledge but questions why he did not arrange a meeting with Staff to go
over what his thoughts were and reach an agreement with Staff to proceed. She then said
she felt like the Mayor stepped in and made decisions without input.
Mayor Swedberg said where we had communication problems is you assumed that but
the record clearly states that he followed the process.
Council Member Broussard Vickers said you did not meet with Staff.
Mayor Swedberg said he called her.
Ms. Moore-Sykes said she asked if they were going to work on it and the Mayor said he
was already working on it and had folks in the office now. She then said she asked when
they were going to work on it.
Mayor Swedberg said he has a different recollection ofthe conversation.
Council Member Broussard Vickers commented there never was a meeting.
Mayor Swedberg said there was a phone meeting and the only issue was the conflict.
Council Member Broussard Vickers said it was a non-issue to you.
Mayor Swedberg said he would not do anything of impropriety and the attorney said. . ..
Council Member Broussard Vickers said there should have been a meeting to discuss the
changes and gain Staff input before proceeding.
Council Member Broussard Vickers said that she feels this is Staffs venue with Council
input and she now feels like everyone is better on the same page. She then said that if the
Mayor and Staff agree on the list of equipment she would like quotes and information on
references and warranty/service information. She further stated that she felt
uncomfortable with the fact that the decision seemed unilateral and there was not
consensus as to the issue.
Mayor Swedberg said he wanted to guarantee that he was not trying to circumvent any
process. He then said that is what he was trying to follow to the letter. He then said he
would say if Staff ever has a concern about anything stop it early in the process not after
the process is complete.
Page 9 of 11
Council Member Broussard Vickers said a conflict is not for Staff to make the
determination to rule out a party who wanted to give a quote it would not be appropriate.
She then said that he is entitled to give a quote and because of who he is he knows there
is availability.
Council Member Capra commented that there have been greater conflicts of interest on
this Council in the past.
Council Member Broussard Vickers said she feels like the motion made is an adequate
one.
Council Member Capra said the issue lies with those that want to make the decision and
she would like to see the two ofthem work together and work it out.
Council Member Travis asked for an apples to apples quote so that no one can say there
is a conflict of interest.
Mayor Swedberg suggested doing a request for proposals.
Ms. Moore-Sykes said that would take a lot longer.
Council Member Capra said her point was to go to the other extreme so that there would
not be any other questions.
Ms. Moore-Sykes indicated she was fine with the equipment proposed by the Mayor and
said she would like to see bids that spell out the equipment to be provided as well as
warranty and service information. She also indicated she would like letters of
recommendation so the City is covered.
Council Member Travis said he does not care if Jason writes the specs but there needs to
be an apples to apples comparison done.
Mayor Swedberg said he would rather have a money person handle this as he does not
want to be part of the process. He then said that he could recommend what to get and
then get out of it and let the Chief Financial Officer submit what needs to go to the paper
for bids.
Council Member Capra reminded Council that Mr. Hoeft had said to stay away from bids
and use quotes.
Council Member Broussard Vickers said she does not think more than three or four were
needed.
Council Member Travis asked to keep the ones the City already has as a courtesy.
Page 10 ofll
.
Council Member Broussard Vickers said that once Staff has the equipment list she would
want Staff to make the decision and have Ellen review it and as long as they stay within
the budget there should not be an issue. She then said that all the information should be
documented so that if there are questions the City can explain the process that it went
through.
Council Member Capra said she did not want the Nano Systems bid included because
they would not service it.
Council Member Broussard Vickers said she did not want Staff to spend any more time
soliciting quotes. She then said that a list of what the City wants should be given to those
vendors that previously provided information and ask them to provide a new quote and, if
they cannot provide some of the items, that would be part of the decision process.
Council Member Capra suggested that Staff contact Lino Lakes to discuss the computer
needs for the Sensus software.
III. ADJOURNMENT
Motion bv Council Member Caora. seconded bv Council Member Travis to adiourn
the June 17. 2002 EmeJ'2encv City Council Meetinl! at 9:25 p.m. All in favor.
Motion carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
C ~""~JJd:v.L
City Clerk
Mayor
Page 11 of 11
City of Centerville
Council Meeting Minutes
June 26, 2002
CITY OF CENTERVILLE
CITY COUNCIL MEETING
June 26, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on June 26, 2002, at City Hall, 1880 Main Street.
PRESENT: ~=:~:~~~:~:~ ... ... ..o~@iY1~
Coundl Mom"'" Lmda Brou",,", Vkk", ~~~
ABSENT: Council Member Capra.
STAFF:
City Administrator, Ms. Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
I. CALL TO ORDER
Mayor Swedberg called the June 26, 2002, City Council meeting to order at 6:30 p.m.
II. SET AGENDA
Ms. Moore-Sykes asked that a Resolution awarding the bid for public improvements to
Pheasant Marsh be added under Council Business.
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to approve the a2enda as presented. All in favor. Motion carried
unanimously.
III. A W ARDS/PRESENT ATIONSI APPEARANCES
Tom Wilharber, 6849 Centerville Road, addressed Council and read a statement he had
prepared. It is as follows:
I wish to bring to your attention a serious problem which exists on Centerville Road on
the bikinglhiking trail just to the north of my property which adjoins Hunters Crossing.
Last Sunday, I was on my roof cleaning out the rain gutters and my wife MaryLou was
assisting. I heard her say to someone that they shouldn't go any further on the trail as the
road was quite busy. It was a little girl about 4 - 5 who was riding a two wheel bike with
training wheels on it. MaryLou told the person to go back down the trail from where she
Page 1 of22
City of Centerville
Council Meeting Minutes
June 26, 2002
came, but the little girl said her mother was right there; MaryLou looked down the trail
and saw no one. We believe the little girl came from the second house on the end of
Hunters Trail. The little girl then proceeded out onto Centerville Road, a car heading
South pulled over as the little girl was out in the center ofthe road, I heard a car coming
north on Centerville Road and it in turn stopped, the little girl continued to ride down the
center ofCenterville Road and then turned into Hunters Crossing and headed West. I got
off the roof and attempted to see where she had gone and or where she lived. I could not
find her.
My reason for brining this up is that I feel that for the safety of residents who use this
trail and in turn the new trail which will go into Pheasant Marsh the following steps
should start to be taken:
1. Contact Anoka County to have pedestrian crossing signs placed on
Centerville Road.
2. Have the County stripe the road to identify the crossing.
3. Have Anoka County do a traffic study to look at lowering the speed along
this portion of the road. A few years ago the speed limit was fifty (50), it
is now forty-five (45), but the majority of people do not drive that slow.
4. Anoka County just recently mowed the grass along the road right of way.
(Before this time, the grass at the trail outlet was close to 3 - 4 feet high).
5. Place barriers on the east and west end of the trail to stop auto traffic from
using it as a roadway. There are many contractors or unaware citizens
who drive up and down it.
As the development in Pheasant Marsh continues, the number of walkers, bikers, etc. is
going to increase and the time to act is before a serious accident or incident takes place. I
do not care to be the one to have to make the 911 call or assist an injured person or
persons in the future, where actions taken now could prevent something like this taking
place.
Mayor Swedberg asked if the City could stripe the roadway because the County moves so
slowly.
Mr. Palzer indicated there may be legal issues related to the City striping a County road if
there was an accident.
City Attorney Hoeft indicated the City could not stripe the County road.
Council Member Nelson suggested putting up notice at the trail entrance.
City Attorney Hoeft indicated the City could stripe the ends ofthe trail and put up
slgnage.
Mayor Swedberg asked if vehicles were traveling on the trail.
Page 2 of22
City of Centerville
Council Meeting Minutes
June 26, 2002
Mr. Wilharber indicated there have been vehicles using the trail and also explained that
contractors from Hunters Crossing use the trail to get out. He then suggested that a post
be inserted in the middle of the trail that can be dropped for vehicles to travel through if
necessary as a way to keep vehicles off the trail.
Council Member Nelson asked that Staff look into the matter and provide
recommendations to Council at the next meeting.
Council Member Broussard Vickers said she would like a letter sent to the County to ask
for striping and a report back on options for how to keep the vehicles off the trail.
Council Member Travis suggested contacting the County Commissioner for Centerville
in an attempt to speed the process along.
Mayor Swedberg commented that Council had just received information on the pond and
Eagle Trail and has not been able to read it.
Roberta Wirth, 7065 Eagle Trail addressed Council concerning the pond on Eagle Trail
and Dupre Road being filled with sediment. She then said her neighbor, Ian Hackman,
has observed Swift Construction pumping water and sediment into the pond.
Ms. Wirth indicated she had inspected the construction site and there are numerous things
wrong including inlets that are not protected with filter fabric, no erosion fences until
today. She then indicated that Rice Creek was brown and looked like it was being filled
with sediment. She further stated the PCA is concerned because Rice Creek leads to the
lake.
Ms. Wirth indicated that the worksite does not have a gravel base and the clay mud is
spilling into the street and into the pond. She then said that Swift is in violation of
7050.01210 and should be required to dredge out and clean out the pond immediately.
Ms. Wirth asked who would be enforcing maintenance of the pond. She then said that
the pond has a covering of algae and probably has a high phosphorous content and said
she will send a sample to the health department for analysis.
Mayor Swedberg asked if she was speaking on behalf of herself as a citizen or on behalf
of the PCA.
Ms. Wirth indicated she was speaking on her own behalf as a resident.
Council Member Nelson said she was glad that the state of Minnesota would supersede
and if the MPCA wants to investigate the impact to Rice Creek she would be interested in
what they have to say.
Mayor Swedberg asked if the City has any responsibility.
Page 3 of22
City of Centerville
Council Meeting Minutes
June 26, 2002
City Engineer Peterson indicated the pond was built to catch sediment and that is what it
is doing. He then said that Eagle Pass Second Addition is under construction and the
storm sewer does not go directly into the pond it goes through the system and then in. He
further indicated that when construction is complete the pond should be dredged.
Council Member Broussard Vickers asked why the City would do it now when there is
more construction to come.
Mr. Peterson recommended dredging the pond after the last homes are done.
Council Member Broussard Vickers asked who would pay for that.
Mr. Peterson indicated the developer should pay for it because he is the one responsible
for it and needs to clean storm sewers when he is done.
Council Member Broussard Vickers commented that if the sediment were causing an
issue now it would need to be dredged now and later.
Ms. Wirth indicated that during construction the practice is not to have the outlet open.
She also indicated it is not really designed properly as the sedimentation basin should
hold sediment but not discharge it until it is stabilized otherwise it is affecting the rest of
the waters ofthe state.
Ms. Wirth indicated that there has been no maintenance of the pond in five years.
Council Member Broussard Vickers asked Staff to look into it and report back to
Council.
Jan Hackman indicated the developer pumped water out of a basement to a low area by
the neighbor's stand of evergreen trees and the neighbor is not happy because the trees
will die if they sit in water.
IV. PUBLIC HEARING(S)
None.
V. COUNCIL BUSINESS
1. The Shores Development Contract Stipulation
Council Member Nelson indicated she would like to propose that the funds be used for
extending the trail across the street and connecting the new strip mall to Tom Thumb.
Council Member Broussard Vickers indicated she would like to have Park and Recreation
make a recommendation because she does not want to put money into a trail that may not
be there in the future.
Page 4 of 22
City of Centervill.
Council Meeting Minutes
Jun. 26, 2002
Mayor Swedberg suggested that the seniors could benefit from a trail out the front of the
senior housing.
City Attorney Hoeft indicated Council had approved the development contract but left the
dollar amount for payment in lieu of trail blank. He then indicated that $11,000 would be
inserted for the payment in lieu of trail amount.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Travis to approve the developer's contract for The Shores with the $11.000 added
for the payment in lieu oftrail. All in favor. Motion carried unanimouslv.
2. Web Site
Ms. Moore-Sykes indicated that Kim has been working on the website and has been
spending a great deal of time trying to implement the web site on govoffice.com. She also
indicated that Kim is trying to gather information specific to Centerville rather than using
the boilerplate information provided. She further indicated that Kim had contacted
Council Members Capra and Nelson for input.
Mayor Swedberg indicated he had reviewed the website and Kim has made good
progress and applauded her efforts. He then indicated he would like to offer his
assistance to help her get there faster. He further indicated he would like to see a
potholes button where residents could talk to City Staff.
Ms. Moore-Sykes indicated that Kim puts in a minimum of 12 hours a week on the
website and the rest ofthe Staff has been supporting her efforts by picking up her duties
while she works on the website.
3. 2001 Audit Report
Ms. Moore-Sykes indicated that Staff is waiting for the auditor to provide his report.
Council Member Nelson indicated she had faxed documents that showed Council
approved the $109,190.85 transfer.
Finance Director Paulseth indicated the auditor had said he was not comfortable with the
transfer because Council did not take formal action on it.
Mayor Swedberg commented that in the goals statement it talks about the Wheels Park
and LaMotte Park and on May 23rd the goals were adopted by motion and one of the
goals was to use dedication fees for park development. He further indicated that the
reason there was no motion is that it was the appropriate place to take the money from.
Ms. Paulseth indicated the auditor would do the transfer if directed to do so by Council
but he is not comfortable with it.
Page 5 of22
City ofCenterville
Council Meeting Minutes
June 26, 2002
Council Member Nelson indicated she wanted to have the $109,190.85 transferred to
2001.
Motion by Mayor Swedberl!. seconded by Council Member Nelson to direct the
auditor to make the proper adiustment for the park dedication fee in the amount of
$109.000.
Council Member Broussard Vickers asked if there would be legal ramifications of doing
this. She then said that she thought by adopting the goals that it was assumed that Staff
would take care of it but that is not what took place. She then asked if it was an oversight
that could be corrected or if there would be an issue.
City Attorney Hoeft indicated it was a matter of interpretation as far as what formal
action took place. He then said it would have been preferable to have had a specific
motion but there was not.
Council Member Nelson indicated there was clear directive but no motion.
City Attorney Hoeft indicated that it would have been preferable to have a distinct motion
but he thinks if Council directive was clearly to do the transfer that there was approval of
goals and objectives. He further indicated that ifit was determined by someone that their
interpretation was different than the City's the Council could ratify the action that was
taken and that would legitimize the transfer. He also said he was not concerned with a
liability issue but said it would have been better to have had a motion.
Council Member Broussard Vickers commented that the accountant objects because there
was nothing in the minutes.
Vote: Ayes - 3. Nays -1 (Broussard Vickers). Motion carried.
4. Great Plains Racing - Fete des Lacs
Ms. Moore-Sykes indicated she had received an e-mail from Mr. Peterson apologizing
that he could not be at the meeting tonight.
John Thill, President of the Centerville Lions indicated the Lions have made attempts to
send in for the right permits but would like to know if Council would approve this before
proceeding.
Mayor Swedberg indicated Council usually relies on the advice if the Police and Fire
Chiefs and, because this is on the water, the Sheriffs Office. He then noted that any
approval of Council would be contingent upon those approvals.
Motion bv Council Member Broussard Vickers. seconded by Council Member
Nelson to approve the Centerville Lions reauest for Great Plains Racinl! continl!ent
Page 6 of22
City of Centerville
Council Meeting Minutes
June 26, 2002
upon approval bv the Anoka County Sheriff. Police Chief. Fire Chief and the receipt
of insurance showinl! the City as an additional insured. All in favor. Motion
carried.
5. Computer/Internet Policv
Ms. Moore-Sykes indicated there was information in packets concerning a policy for
Internet and computer use. She then indicated that the League of Minnesota Cities does
not have a model policy regarding use of the Internet.
Council Member Nelson indicated the policy should be included in the personnel policy.
Council Member Broussard Vickers indicated she would like to see something done prior
to the personnel policy.
6. 21st Avenue - Reconstruction
Ms. Moore-Sykes indicated Staffwas looking for direction from Council as to whether
Council wanted to participate in the reconstruction of 21 st Avenue with Lino Lakes.
Council Member Nelson indicated a motion was needed on this matter in order to
proceed.
Ms. Moore-Sykes indicated that Council had been given copies ofLino Lakes schedule
of how it will proceed ifCenterville wants to do this in tandem with Lino Lakes.
Mayor Swedberg said he thought there was a feasibility study.
Council Member Broussard Vickers said she thought Lino Lakes was taking the lead on
providing information on the costs.
Mr. Palzer indicated that the City, if it wants to assess for the improvements, would need
to do its own study or approve the Lino Lakes study.
Mr. Peterson indicated that his office could use the previous study and update it with the
minor changes to the project.
Council Member Broussard Vickers indicated she would want to remove the turn lanes
from the project because the City is not sure what will happen with Main Street.
Council Member Broussard Vickers indicated she would like to dead end the road short
of where Lino Lakes intended.
Council Member Nelson indicated she would like the motion to clearly state what the
City wants changed so there is a good record trail this time.
Page 7 of22
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June 26, 2002
Council Member Broussard Vickers indicated she would like to see the turn lanes
removed because she is not interested in having the City pay to improve the County road
when Main Street is slated to be changed in the future.
Council Member Travis asked how much of the $317,000 was turn lanes.
Mr. Peterson indicated that 2/3 of the figure was for street improvement so if that is
reduced it would drop the price.
Council Member Travis asked who would pay for the turn lanes if the County required
them.
Mayor Swedberg asked if the County would require a light.
Mr. Peterson indicated he did not think the intersection would warrant a light at this time.
Council Member Travis commented that the assessment could be $50,000 or $60,000 and
asked ifthe property owners would appeal.
Ms. Moore-Sykes indicated that Noble Welding had said they would pay what it took but
when he made those comments he was upset with the state of the road. She also
indicated that the Dairy Queen said almost the same thing.
Council Member Broussard Vickers indicated there is time during the process to allow
for the property owners to notifY that they intend to fight the assessments. Ifthey
indicate they will fight the assessments then the City could cancel the project.
Council agreed to follow the timeline as closely as possible.
Mayor Swedberg summarized that Council wanted a 10-ton road, would like to follow
Lino Lake's time table, would like the road to be the minimum amount necessary to get
the job done and not to go past the third property owner, and to eliminate the cul-de-sac
and turn lanes.
Council Member Travis commented at this time the City is only agreeing to do the
feasibility study.
Mr. Peterson indicated he would review and comment on the Lino Lakes study.
Motion bv Council Member Broussard Vickers to approve updatine the feasibilitv
study bv havine the City Eneineer review Lino Lakes report, to exclude the County
exchanees and turn lanes. to exclude the cul-de-sac. to end the road at the end of the
third lot. Lot 9. Block 1. and to notify Lino Lakes that Centerville will attempt to
match their timeline to the best of its abilitv. All in favor. Motion carried
unanimouslv.
Page 8 of 22
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June 26, 2002
Council Member Travis asked why the house was burned down and asked whether there
would be a petition to extend the road farther.
Council Member Nelson indicated it may be prudent to ask him ifhe wants the road to go
through.
7. Purchase of Administrative Office Computers
Ms. Moore-Sykes indicated RK7 had provided a letter withdrawing from the process.
She also indicated that Council was provided with information from Rose Valez from
North Metro and the proposal from PC Solutions. She further explained that the
information was just received and that is why it was not in Council packets.
Mayor Swedberg indicated he questioned whether a server is really necessary because the
City could purchase PC's with bigger drives.
Ms. Moore-Sykes indicated that she understood that point but said she was concerned
with the ability to run the Sensus software without a server. The other issue is that all
ordinances would be stored on one computer without a server and she would not have
access to them. She also indicated that the City has purchased GIS software for mapping
that it is unable to use without the server.
Council Member Nelson commented that she could see the use for a server especially
with the volume of ordinances and minutes.
Ms. Moore-Sykes indicated that backup would be more regular and reliable with a server
rather than relying on each individual to backup when time permits.
Mayor Swedberg asked whether the public works building should be connected to City
Hall.
Mr. Palzer indicated he would not be involved with the Sensus software as that is a
billing program. He then said his computer is only one or two years old and works fine
though he is not connected to City Hall.
Mayor Swedberg commented that he appreciated the comments ofthe receptionist and
city clerk as those had not been clearly voiced before. He then asked whether the City
would need to purchase monitors and keyboard or if the existing ones could be utilized.
Ms. Moore-Sykes indicated that two monitors do not function well and would be replaced
but said Staff would use whatever existing equipment they possibly could.
Mayor Swedberg asked who submitted quotes on this tonight.
Page 9 of22
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Council Meeting Minutes
June 26, 2002
Ms. Moore-Sykes indicated the City had received quotes from PC Solutions and North
Metro based on the Mayor's specifications and PC Solutions on what they would
recommend.
Mayor Swedberg indicated he did not disagree with the SCSI drive but was considering
the savings to the City.
Council Member Nelson said she felt the SCSI drive was necessary.
Ms. Moore-Sykes indicated she would propose the 41 OON so the printer could be
networked with all computers.
Mayor Swedberg said he would feel more comfortable ifthe City had a few more quotes.
Ms. Moore-Sykes indicated she could look for other quotes.
Council Member Broussard Vickers commented that Council had been going around and
around and around on this and now has prices. She then commented that there was a
motion made that would have allowed Staff to purchase the equipment.
Mayor Swedberg indicated the motion provided in the minutes of the last meeting was
not the motion made and that will be corrected later in the meeting.
Council Member Nelson indicated she had viewed the tape and that was not the motion.
Mayor Swedberg asked how wide of a net was cast. He then said Staff could have called
the big companies and gotten a bid overnight and he would like to have more choices and
find cheaper costs.
Council Member'Broussard Vickers asked why Staff could not be allowed to do that and
why Council needed to be involved.
Council Member Nelson said she thought Council should be involved in spending this
kind of money.
Council Member Travis asked how soon Staff could get more bids.
Ms. Moore-Sykes indicated she had called the Itasca Group and had gotten no response.
Council Member Nelson indicated she had no trouble with these two bids but said they
are still not apples to apples because the City has still not decided exactly what it wants to
purchase.
Council Member Broussard Vickers commented that she thought that was what Staff was
doing when this was discussed at the last meeting. She then indicated that very minor
changes had been made to the system.
Page 10 of 22
City of Centerville
Council Meeting Minutes
June 26, 2002
Council Member Nelson commented that it is not the money change it is how the whole
system works together.
Council Member Broussard Vickers asked why Staff would not be allowed to make the
choices and complete the purchase based on the specifications provided and staying
within the allotted dollar amount.
Council Member Nelson indicated she would like to be involved in the evaluating
process because she feels like she knows some about computers and has not been part of
the process yet. She then indicated she liked the idea of limiting monitors and keyboards
and feels strongly about having a SCSI because there would be trouble without it. She
further commented that she would like to have one or two Council Members sit down
with Ms. Moore-Sykes and work out what to buy and from whom.
Council Member Broussard Vickers said she thought that was where Council was two
weeks ago and that did not happen and then there was another meeting and another
agreement and now we are back to the beginning.
Mayor Swedberg indicated the cheapest cost is North Metro Telecommunications if you
truly compare apples to apples.
Council Member Nelson commented that Rose from North Metro has indicated she
would not be getting any money for building the machines or installing them so the City
would be paying wholesale cost.
Council Member Broussard Vickers asked why with what Council has already done Staff
cannot make the decisions and just do it. She then said Council already talked about the
amount of money and talked about Council input and Staff deciding.
Council Member Nelson said she would like to have a couple of Council Members be a
part of that process and she would like to be a part ofthat process. She then asked if Ms.
Moore-Sykes had an objection to that suggestion.
Ms. Moore-Sykes indicated she had no problem working with Council Member Nelson
on the computer issues.
Council Member Broussard Vickers said she disagreed and thinks Staff should decide.
Council Member Nelson said she disagreed and thinks Council should be involved.
Mayor Swedberg asked why not go with the cheaper bid.
Ms. Moore-Sykes indicated that she would be happy to go with the cheapest quote
provided that the Staff gets what it needs to do the job.
Page 11 of22
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Council Meeting Minutes
June 26, 2002
Council Member Nelson asked if the Mayor had a problem with having the Mayor,
Council Member Nelson and Ms. Moore-Sykes work on this project together.
Mayor Swedberg said he wanted to get the most for the buck and ifhe has assurances that
one is the cheapest bid he has no problem with that.
Council Member Nelson asked if Staff heard from Logis.
Ms. Moore-Sykes indicated that the Logis quote would have required a $6,000
membership payment.
Ms. Moore-Sykes indicated she would contact Rose at North Metro to obtain further
information on changes to the quote with adding the SCSI drive and the printer with the
networking capabilities.
Mayor Swedberg suggested taking the cheaper of the two quotes and move on with the
process.
Council Member Nelson asked ifthe Mayor was directing Staffto go with the cheapest
bid apples to apples.
Mayor Swedberg said yes and asked that in the future when doing this Staff get three or
four bids.
Ms. Moore-Sykes indicated she had contacted Nano but that was support less and Staff
had also contacted Comp USA.
Mayor Swedberg said the City is buying the machine and they will back that with a
warranty and he wants to install it and hook up as long as Staff goes with the cheaper bid
he is fine with that.
Council Member Nelson said she wants to be involved with the process. She then said
that she understands that North Metro uses the same wholesalers that Dell and Gateway
use and she would like more information on the proprietary issue.
Ms. Moore-Sykes indicated that the machines are all put together differently and, if
something goes wrong, there would be a need to reconstruct that one of a kind machine.
Council Member Nelson indicated that when machines are custom built they work with
all kinds ofthings and things can be changed and mixed and matched but if they are
proprietary that is something else and that gets sticky and it cannot be fixed and the City
would have to dump the whole machine and she does not want to do that.
City Attorney Hoeft indicated it would be appropriate for one of the Council Members to
move to reconsider the prior action on the purchase ofthe computers. He then indicated
Page 12 of 22
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Council Meeting Minutes
June 26, 2002
that a motion to reconsider puts it back on the table and allows for a new motion to be
made for clarity.
Council Member Nelson indicated she could not move or vote because she was not at that
part of the meeting.
Motion by Mayor Swedberl!:, seconded by Council Member Travis to reconsider the
motion made on June 12. 2002 concerninl!: the aCQuisition of computers. Ayes - 2,
Nays -l(Broussard Vickers). Abstain -l(Nelson). Motion carried.
Mayor Swedberg asked whether the motion concerning the finance computer should be
reconsidered.
City Attorney Hoeft indicated it would not be necessary to do so.
Motion by Mayor Swedberl!:. seconded by Council Member Travis for Staff to
purchase computers up to $20.000 from the Quotes submitted at this Council
meetinl!: with the caveat of least expensive Quote.
Council Member Broussard Vickers indicated that the Mayor's motion would limit Staff
to the least expensive quote and force her to purchase the computers that may have the
proprietary problem Council just said it did not want.
Council Member Nelson said she would like to be part of the process.
Council Member Travis said he had no problem with Council Member Nelson being
involved in the process.
Council Member Broussard Vickers indicated the motion made has made it so that it has
to be the least expensive even if Staff and Council meet and decide that is not the right
one.
Vote: Ayes -l(Swedberl!:). Nays - 3 (Travis. Nelson. Broussard Vickers). Motion
failed.
Motion by Council Member Nelson. seconded by Council Member Travis that the
City Administrator and Council Member Nelson l!:et tOl!:ether and evaluate the two
computer Quotes that are from North Metro Rose Valez and PC Solutions and
evaluate which would be better for the City the best computer system for the money
with a limit of $20.000 maximum.
Council Member Travis indicated that he felt that anyone who wants to look at it the
better.
Council Member Broussard Vickers said her only concern is that there is an agreement.
Page 13 of22
City of Centerville
Council Meeting Minutes
June 26, 2002
Mayor Swedberg said please understand there was an agreement.
Council Member Broussard Vickers said I disagree with you.
Mayor Swedberg said he appreciates Council Member Broussard Vickers comments and
is sure she appreciates his as well.
Vote: All in favor. Motion carried unanimouslv.
Mayor Swedberg said he will not be part of this process.
8. Storm Water/NPDES Phase II
Ms. Moore-Sykes explained that the City will be required to put together the Phase II
plan for storm water management.
Ms. Moore-Sykes indicated Staff is working with Randy from Bonestroo to comply with
the federal and state requirements. She then indicated that the League of Minnesota
Cities has a proposal that will help cities develop a boiler plate plan but the City would
need to pay $5,000 to participate. She further indicated she would contact the League to
see if it would be possible to adjust the fee for smaller cities.
Mayor Swedberg commented that the expert writing the plan was from Bonestroo and
said why give someone money to do this if the plan for this City is in compliance.
Mr. Palzer indicated the City has nearly completed the surface water management plan.
Mayor Swedberg asked if the City would pay Bonestroo to have this plan worked up.
Council Member Broussard Vickers commented that Paul said they are having the
surface water management plan worked on and are contracted with Bonestroo to do that
and that plan will have the required information.
Council Member Broussard Vickers asked the City Engineer to provide an estimate to
update these regulations and asked Ms. Moore-Sykes to contact the League concerning a
sliding fee for small towns.
9. Resolution Awarding Bid for Pheasant Marsh Public Improvements
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Travis to approve Resolution 02-022 as presented. All in favor. Motion carried
unanimouslv.
City Engineer Peterson indicated the Resolution contained incorrect figures and note the
figure should be $463,327.45.
Page 14 of22
City of Centerville
Council Meeting Minutes
June 26, 2002
VI. CONSENT AGENDA
1. The City ofCenterville June 13, 2002 through June 26, 2002 Claims for
Approval.
2. Centerville Lion's request for a Temporary/Event Liquor License 3.2, Bingo
Permit and Noise Permit - Fete des Lacs (August 2, 3, and 4.
3. Centennial Fire District Expenditures
4. Bonestroo, Rosene, Anderlik & Associates Parks and Recreation Donation
$250.00
5. Park Construction Company - Pay Estimate #4 (Pheasant Marsh Utility & Street
Improvements) $112,398.12
Mayor Swedberg requested that Item 2 be removed for discussion.
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to approve consent ae:enda items 1. 3. 4. and 5 as presented. All in favor.
Motion carried unanimously.
Ms. Piehl indicated she had further information concerning the insurance certificate to
present to Council.
Mayor Swedberg brought up two concerns one is that the neighbors were impacted with
the skate park and complained about noise after 10:00 p.m. and this would be adding to
that noise which may not be good.
Mayor Swedberg indicated the liquor ordinance does not allow for liquor in the park or in
public places as proposed. He then said that even though the City can do things for the
festival he raises a flag of is this a good thing for youth for adults to be drinking in the
park.
Council Member Travis said he thought the ordinance exempted City events.
Ms. Peil indicated the event is after 8:00 p.m. after the skate park closes and does end at
midnight so as not to exceed the noise ordinance rule.
Mayor Swedberg said those are two flags that he would raise.
Council Member Nelson commented that last year was in the park and previous years at
Kellys.
Mr. Thill indicated the last two years were at the park.
Council Member Nelson said before that it was at Kellys.
Council Member Broussard Vickers indicated that Kellys has its own functions separate
of the City.
Page 15 of22
City of Centerville
Council Meeting Minutes
June 26, 2002
Council Member Nelson indicated she did not have a problem making an exception to the
noise ordinance for the festival but she feels she would like to see the drinking done when
there are not underage people present so that the kids would see that you can have fun
without drinking. She further said that when Council works through the liquor ordinance
she would be in favor of that kind ofrestriction and not at the park.
Council Member Nelson indicated that for this request she would go with the majority of
Council but would like to not see liquor be served at the City's park.
Council Member Broussard Vickers said she disagreed and thinks the City function is an
appropriate event for a temporary liquor and noise permit. She then said that there are all
types of people that use the park and there are some that would enjoy a drink at the
festival. She also said that drinking can be done responsibly and for the City to say that
the park is unavailable for this type of function does not serve the majority of residents.
She further stated that for the entire rest ofthe year the City does not allow alcohol in the
park and she does not think this sets any sort of precedent and it is a two hour time
difference once a year for the noise.
Council Member Travis said he had no problem with it.
Motion by Council Member Broussard Vickers. seconded by Council Member
Travis to approve the Centerville Lion's request for a TemoorarvlEvent Liquor
License 3.2. Binl!o Permit and Noise Permit. Ayes - 2. Nays - 2(Nelson/Swedberl!).
Motion failed.
Motion bv Council Member Nelson. seconded by Mavor SwedbeI1! to aDprove~e
request~UheCeDterviUe Lions for a Binl!o Permit and Noise Permit for the Fete
deS Lacs Fesflval. Aves - 3. Navs -l(Travis). Motion carried.
Council Member Broussard Vickers asked to have the liquor license on the agenda for the
next Council meeting to be heard before a full Council.
VII. APPROVAL OF COUNCIL MINUTES
1. June 12.2002 Council Meeting Minutes
Council Member Nelson requested the following change: On Page 14 of 23 change the
motion to:
Council Member Nelson read the motion as transcribed from the tape:
"Motion by Council Member Broussard Vickers, seconded by Council Member Travis to
authorize the expenditure of up to $20,000 for the purchase of computer equipment in
whatever manner staff and the Council Members that are interested in participating
would see fit. All in favor. Motion carried unanimously".
Page 16 of22
City of Centerville
Council Meeting Minutes
June 26, 2002
Mayor Swedberg said let it be stipulated that not all members of the Council agree with
that change.
Council Member Broussard Vickers would say that she feels that the way the motion is
paraphrased is the intent of her motion as she meant in whatever way Staff felt and
Council was to be input and was not the decision. She then said that she would not
challenge that the motion as transcribed by Council Member Nelson is not verbatim but,
the motion as paraphrased, was her intent.
Mayor Swedberg indicated it was a moot point because there has been a different motion.
Motion bv Council Member Nelson. seconded bv Council Member Travis to
approve the City Council Minutes of June 12. 2002 as amended. Aves - 3. Navs-
l(Broussard Vickers). Motion carried.
VIII. ANNOUNCEMENTS/UPDATES
1. Deferred Como - Attornev General's Opinion
City Attorney Hoeft explained that the Attorney General had determined that the City's
contributions to deferred compensation are illegal and advised Council to change the
practice right away. He also indicated that he had met with City Staff and the consensus
had been to begin looking for a cafeteria plan to be started the first of next year.
City Attorney Hoeft indicated Council needed to take action on this matter tonight and
decide what to do going forward at another time. He then indicated Staff is
recommending Council make a motion to terminate the current practice and begin
treating the payment as wages effective with the next payroll period in order to comply
with the attorney generals ruling.
Council Member Nelson asked what the dollar amount was that is being put into deferred
comp each month.
Ms. Paulseth indicated it is $128.00 per employee.
Ms. Moore-Sykes clarified that is it is $128.00 per employee that does not take insurance
coverage.
Ms. Paulseth indicated there are three employees this applies to.
Council Member Nelson commented that the amount would be roughly $500 per pay
period.
Page 17 of22
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Council Meeting Minutes
June 26, 2002
Ms. Moore-Sykes indicated the intent is to select a cafeteria plan that is cost effective and
meets the needs of the City and employees and begin making that contribution on behalf
ofthe employees again.
City Attorney Hoeft reminded Council that it needs to deal with the issue of stopping the
current practice and could spend time discussing how to handle future contributions at a
later time.
Motion by Mayor Swedbere. seconded by Council Member Broussard Vickers to
terminate the City's current practice of contributin!! to deferred comp in lieu of
health insurance and be!!in treatin!! the amounts as wa!!es as per the Attorney
General's rutin!! and recommended by the City Attorney.
Council Member Broussard Vickers clarified that $6000 covered everything.
City Attorney Hoeft said yes.
Council Member Broussard Vickers asked ifthere would be an issue with reducing
salaries at the first ofthe year because the motion would increase salaries by the deferred
comp amount.
City Attorney Hoeft indicated there would be no issue with that.
Mayor Swedberg asked to make sure that the word terminated was used in the motion.
Vote: All in favor. Motion carried unanimously.
Mayor Swedberg commented that the practice will not exist beginning with the next pay
period and it will be taxable income.
2. Administrator's Update
Ms. Moore-Sykes indicated the NEMO presentation would be held at the July 2, 2002
Planning Commission Meeting at 5:30 p.m.
Ms. Moore-Sykes noted she had included information from her participation at the
Minnesota League of Cities convention as a youth delegate mentor.
Council Member Nelson commented that she was concerned that there would be ongoing
participation and wondered how much of Ms. Moore-Sykes day would be used for the
program.
Ms. Moore-Sykes explained that her participation was limited to during the conference
and said it was a very worthwhile experience and enjoyable to watch kids show an
interest in local government.
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Council Meeting Minutes
June 26, 2002
Council Member Nelson asked if the City had received information on the Anoka
greenways project. Ms. Moore-Sykes said no.
Council Member Nelson asked for an update on the eminent domain situation.
Ms. Moore-Sykes indicated that City Attorney Hoeft had put together a resolution and the
clerk tried to work it up but since the property is not platted she could not fill in the
information. She then indicated Staff would continue to work on the matter.
Council Member Nelson asked whether the Hair Update situation with serving a glass of
wine had been resolved.
Ms. Moore-Sykes indicated the owner of Hair Update understands and there is no issue.
Council Member Nelson provided a copy of information received from the League of
Minnesota Cities concerning insurance trust recommendations following 9/11.
Council Member Broussard Vickers commented that the information had been on a
previous agenda and Staffhad been directed to respond.
Council Member Nelson asked whether any information had been received on
barricading the road by the church.
Ms. Moore-Sykes indicated the County had no issue with barricading the road as it is a
City street.
Council Member Nelson asked if Council needed to take action on approving the
barricading ofthe road.
Ms. Moore-Sykes indicated she felt the discussion was that the road could be barricaded
on a use by use basis.
Mayor Swedberg said Council was waiting to see ifthere was an issue with the County.
City Attorney Hoeft indicated the City could close the road if it wants to.
Council Member Broussard Vickers indicated she would like to see a formal request from
the church as to what they want to do and then put it on the agenda as a public hearing for
other resident input.
Council Member Travis indicated there were two issues one was they were asking to
vacate the easement and the other was high traffic times.
Council Member Nelson asked ifthere had been any conclusion on the Sheehy property.
Page 19 of22
City of Centerville
Council Meeting Minutes
June 26, 2002
Ms. Moore-Sykes indicated the City had given up the thought of purchasing the property
and noted that she had not had a chance to review minutes. She then said that Mr.
Drilling is interested in purchasing the property and developing it with Mr. Sheehy
retaining 5 acres.
Mayor Swedberg commented that there was a large amount oftax owed on the property.
Council Member Travis indicated there is a big assessment owed.
Mr. Palzer indicated there is a flood plain assessment.
Mayor Swedberg asked if the assessments would have to be paid when the property is
sold.
City Attorney Hoeft indicated the County would not accept the lot split until the
assessments are paid in full.
Council Member Nelson asked if the temporary sign at Performance Auto was still there.
Ms. Moore-Sykes indicated it was gone.
Council Member Nelson asked for input on the trail at Apple Tree Square.
Ms. Moore-Sykes indicated they are still working on it.
Council Member Nelson indicated she was not talking about the new part but the other
side that was to be fixed.
Ms. Moore-Sykes indicated the fence on the Shad Avenue side was nearly completed and
there has been a lot of work going on.
Mayor Swedberg indicated that it has been too wet for trail work.
Council Member Nelson indicated that there was an article in the Quad concerning using
credit cards or special payments for bills to be paid to the City and the article had profiled
Circle Pines and indicated that they are cutting costs by using automatic bank
withdrawals. She then suggested that Staff contact the City Administrator in Circle Pines
to obtain information on the procedure and determine costs.
Ms. Moore-Sykes indicated that the Clerk had called around to other cites and Circle
Pines is the only city in the area that is doing electronic payments.
Council Member Nelson asked for an update on that information at the next meeting.
Council Member Travis commented that Circle Pines would be handling a lot more
money.
Page 20 of22
City of Centerville
Council Meeting Minutes
June 26, 2002
Council Member Nelson asked for an update on the Woiak property.
Mayor Swedberg indicated he came to Council last July and it has come up now because
his land is flooding and he has eight (8) feet of empty area that was his flower bed. He
then indicated he felt the City needed to provide a little more effort to make him whole.
Council Member Broussard Vickers asked what he wanted the City to do.
Mayor Swedberg said he thought the grade had been changed.
Mr. Peterson said not around the trees.
Mayor Swedberg said on the other side of the trees.
Council Member Broussard Vickers asked if fill is needed to bring things back to the way
they were before and then asked who would pay for that.
City Attorney Hoeft indicated the developer could be asked to correct the situation but
would want an engineer to determine if there is an issue with the grade not merely rely on
the comments of Mr. Woiak.
Mr. Palzer indicated the area held water before the construction and the City was trying
to make corrections to lower it to aid in drainage. He further indicated there is standing
water in the area and it is backup from the trees.
Mayor Swedberg commented that the water is not even getting across the driveway.
Mr. Palzer indicated the water comes from three or four houses away and the area has
held water since he has been in town.
Mayor Swedberg indicated there is also a problem there with weeds and, as the weed
inspector, something should be done about the City property.
Mr. Palzer indicated the area is City property and is left in a natural state similar to some
of the parks.
Council Member Nelson indicated the response would be that Mr. Woiak should contact
the City Engineer ifhe feels that his property is not the same that it was before.
Council Member Broussard Vickers asked where the water is.
Mr. Palzer indicated the flower bed is in the right of way.
Council Member Broussard Vickers asked what obligation the City would have to restore
a flower bed that was built in the right of way.
Page 21 of22
~. -
City of Centerville
Council Meeting Minutes
June 26, 2002
City Attorney Hoeft said none.
Mr. Peterson indicated the area was dug up to fix Mr. Woiak's sewer.
Council Member Broussard Vickers asked Staff to send a letter to Mr. Woiak indicating
that his flower bed is in the right of way and the City has no responsibility to replace it
and to let him know he can contact the City Engineer concerning any drainage issues he
may have so that the engineer can determine if the area is functioning properly.
Mayor Swedberg indicated he would like closure for this matter.
Ms. Moore-Sykes indicated she had provided information on PayPals and various
information from the League conference in Council FYI packets.
City Attorney Hoeft indicated the final documents for recording had been prepared and
sent to the County and noted that his office would go back and determine the amount
spent on the project and reimburse the City from the escrow withheld at closing.
Bill Bisek of 7098 Centerville Road arrived at the meeting and asked what had happened
with the Lion's Club request for a temporary liquor license.
Council Member Broussard Vickers explained that the motion failed on a two to two vote
and would need to be considered at the next meeting before a full Council.
Mr. Bisek asked if there would be enough time to obtain the permit if approved at the
next meeting.
Mayor Swedberg indicated the question before Council is whether liquor should be
served in the parks. He then said that should the permit be approved it would be
available from City Staff the following morning.
IX. ADJOURNMENT
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to adiourn the June 26. 2002 City Council Meetinl! at 8:45 p.m. All in
favor. Motion carried unanimouslv.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
~<1~~~ ..
City Clerk
~tr?'~J
Mayor
Page 220[22
CITY OF CENTERVILLE
CITY COUNCIL MEETING
July 10, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on July 10, 2002, at City Hall, 1880 Main Street.
PRESENT:
Mayor Tim Swedberg
Council Member Capra
Council Member Dick TraVis... ... ~
Council Member Mari Nelson @. f"\f7@~
Council Member Linda Broussard Vicke7A\ reD [JJ U 0 I \y ' . .
None LPJLP
ABSENT:
STAFF:
City Administrator Ms. Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
I. CALL TO ORDER
Mayor Swedberg called the July 10, 2002, City Council meeting to order at 6:30 p.m.
II. SET AGENDA
Council Member Capra requested that Capital Projects Analysis be added as Item 12
under Council Business.
Council Member Capra indicated she would like to discuss the Park and Recreation
Charitable Gambling and Life Time Achievement Awards.
Council Member Broussard Vickers asked that the Executive Session be moved up in the
agenda to after the Liquor License item.
Ms. Moore-Sykes indicated that Glen Powers of Quebec Street would like to address
Council concerning flooding issues.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve the al!enda as presented. All in favor. Motion carried unanimouslv.
III. AWARDS/PRESENTATIONS/APPEARANCES
1. Doug Jost. 7304 Brian Drive (Eagle Brook Church Proposal)
City of Centerville
July 10, 2002
Council Meeting Minutes
Mr. Jost addressed Council and indicated that he was there representing the HERON
group which is a group that was formed in opposition to the Eagle Brook Church
property which includes an 84,000 square foot 2100 seat auditorium and a 10 acre
parking lot. He then aid that HERON feels that the development will greatly increase
the traffic levels in the area and permanently impact the quality of life for those living
near the development.
Mr. Jost indicated that HERON feels that the development would have a negative impact
on wildlife, quality of life, and property values and his group would like to know what
role the City of Centerville will play in the approval process.
Mayor Swedberg explained that the City recently heard of the proposal but has not
discussed it with Lino Lakes. He further explained that Lino Lakes would have the
primary jurisdiction over approval of the project.
Mr. Jost indicated HERON feels the quality of life will be degraded due to the noise
pollution and traffic.
Mr. Jost said HERON feels that there are better places to put that church other than in an
agricultural zone. He then asked ifCenterville would have any input on the project.
Council Member Capra indicated that Lino Lakes was a good neighbor when the dome
project was being discussed and had invited Centerville to be in on the discussions but
the City has not yet heard on this proposal.
Council Member Travis asked if HERON had looked at the church's website. He then
said he reviewed it and, in his opinion, he does not feel the development would
negatively impact the area because the church intends to use only approximately 15 acres
of a 92-acre site. He then indicated the City could not express an opinion that they are
opposed to it when the City has only heard one side of the story at this point. He further
stated that he is not sure the City would be opposed to it as it may be good for the area.
Mr. Jost said he completely disagreed with Council Member Travis because going from
an agricultural site to a developed site creates additional fun off and other issues. He then
said that the City may find that there are a lot of residents that support HERON and do
not want to have this type of development put in their backyards.
Council Member Travis asked what kind of development should be there.
Mr. Jost said it is agricultural property and HERON feels it should stay that way.
Council Member Travis said there is one thing that can solve the problem of keeping the
development out and that would be for HERON to buy the property.
Mr. Jost commented that HERON does not feel that all development is progress and they
are concerned about this development.
Page 2 of 32
City of Centerville
July 10, 2002
Council Meeting Minutes
Council Member Capra indicated the City could address traffic as it runs through
Centerville and then said that NEMO could get involved to ensure water quality
protection.
Mr. Jost handed out some information to Council.
Council Member Broussard Vickers suggested that Mr. Jost request to be formally
notified by Lino Lakes of any meetings involving this issue.
2. Mr. Bill Bisek. Lion's Temporary/Event 3.2 Liquor License (State Softball
Tournament)
Mr. Bill Bisek of 7098 Centerville Road addressed Council and indicated he was there
representing the Lions Club and requesting a temporary event permit to serve alcohol
during the state softball tournament being hosted by the Lions. He then indicated the
Lions intended to follow all health code regulations as established by Anoka County.
Council Member Capra indicated she had talked to Mr. Bode today and found out that
usually when an event like this happens the proceeds are earmarked for a specific cause.
She then asked if the proceeds had been earmarked in this case.
Mr. DeVine indicated that the Lions have done that for the Haunted House.
Council Member Capra asked whether a portion of the proceeds from the sale of alcohol
would be given to the City.
Mr. Bisek indicated that 100% of profits have to go back to the community so at the end
of the fiscal year the Lions account has a zero balance. He also indicated the Lions have
been working with Park and Recreation on a recommendation.
Council Member Capra indicated her question is will the profits received from hosting
the ball tournament be earmarked for a specific use such as little league or Park and
Recreation or does that only happen with the Haunted House.
Mr. DeVine indicated the profits are not earmarked at this time and the Lions are open to
discussing earmarking 50% of the profits for a specific purpose. He then said the Lions
club is at a turning point right now where there are a lot of young members and the
potential is there to start generating a real profit that ultimately benefits Park and
Recreation for the City. He further indicated that the Lions had vendors for the
tournament last year and the vendors made a lot of money and the Lions have decided to
vend the tournament themselves this year.
Council Member Capra asked what the hours would be and how late the lights would be
lit.
Page 3 of 32
City of Centerville
July 10, 2002
Council Meeting Minutes
Mr. Bisek indicated it would depend on the weather and the amount of teams but said
they would try to follow the City's light ordinance and that is 10:30 p.m. He also
indicated that Sunday would not be late.
Council Member Nelson asked if this is the same softball that was in conjunction with the
festival last year.
Mr. Bisek indicated this is a state tournament rather than a regional tournament.
Council Member Nelson asked if there would still be a softball tournament during the
festival.
Mr. Bisek indicated there would also be a tournament during the festival. He then said
that any costs incurred to Park and Recreation will be paid for through funds raised
during the tournament so there will be no cost to Park and Recreation or the City.
Council Member Broussard Vickers indicated this issue could not be decided until
Council decides whether liquor will be allowed in the park.
3. Glen Powers. 1870 Quebec Street
Glen Powers, 1870 Quebec Street, indicated the grade at his house is illegal based on
Ordinance #8 and he would like Council to have it fixed to improve drainage in the
development. He also indicated that, if Council does not resolve the matter, he intends to
seek legal assistance with the problem.
Mr. Palzer indicated he has not discussed the matter recently but remembers there was an
issue when the subdivision went in.
Council Member Capra asked if Mr. Powers lived on the comer.
Mary Matthiesen, 1874 Quebec Street, indicated she is on the comer and said that it was
her understanding when the area is graded there is an easement between homes and if go
to the back it is dry but it is wet 10 feet in which cuts off the middle of the yard. She then
indicated that when she moved in they were hauling away three loads of dirt and Mr.
Thill was told by Mr. Rehbein he could buy his dirt back for $50.00 per load.
Mayor Swedberg asked if this is a problem for the entire neighborhood.
Mr. Powers indicated the entire subdivision was not graded properly.
Mr. Peterson indicated he could go out and check the grading level to see if there is an
Issue.
Ms. Moore-Sykes indicated there is a problem in the area with water flowing out to the
street and freezing during the winter/spring and causing slippery conditions.
Page 4 of 32
City of Centerville
July 10, 2002
Council Meeting Minutes
Mayor Swedberg asked Staff to look into it and report back to Council.
IV. PUBLIC HEARING(S)
1. Ordinance #4 (Zoning & Land Use)
Mayor Swedberg opened the public hearing at 7:55 p.m.
There was no one present to speak on Ordinance #4.
Motion bv Council Member Nelson. seconded bv Council Member Capra to close
the public hearinl!:. All in favor. Motion carried unanimouslv.
Mayor Swedberg closed the public hearing at 9:38 p.m.
V. COUNCIL BUSINESS
1. Centerville Lion's Request for Temporarv/Event 3.2 Liquor License
Mayor Swedberg indicated that when he has something to say and wants to be brief and
he writes it out.
Mayor Swedberg read a prepared statement concerning the liquor license it is as follows:
At the June 2, Council meeting I pulled from the consent agenda the temporary liquor
permit. for the Fete des Lacs. I want to take this opportunity to provide the facts
surrounding my decision.
There are two areas I will address:
1. The laws of Centerville
2. The facts about last year's Fete des Lacs
The Law and Public versus Private
This City is bound by the laws created by past City Councils. I took an oath, as did all
members of this Council, to uphold those laws. I do not have a choice nor do the Council
Members have a choice about following the ordinances of this City.
The only guide to the Council is the written ordinance as it was published and presented
to the citizens of this community. Intent does not matter.
The question arises how can you make a distinction between public and private lands
with St. Genevieve's the example.
Let's look at the law:
Page 5 of32
City of Centerville
July 10, 2002
Council Meeting Minutes
I quote the following from Ordinance #13, An Ordinance Licensing and Regulating the
Sale and Consumption of Intoxicating Liquor (please note that the ordinance was
originally adopted on November 17, 1967 and has been amended from time to time, but
Section 8, Subdivision 3 has not been amended.):
"Section 8. Restrictions on Purchase Sale and Consumption. Subdivision 3. NO person
shall mix or prepare liquor for consumption in any public place, place of business or club
not licensed to sell "On-Sale" and no person shall consume liquor in any public place,
unless a Consumption and Display Permit shall have been first acquired from the Liquor
Control Commissioner of the State of Minnesota by the person seeking to mix or prepare
liquor for consumption."
That is a pretty strong statement, "no person shall consume liquor in any such public
place..." but it does leave the door open that a permit could be authorized for a public
place.
The next law I went to is the proposed revision of the current Ordinance #13. Council
has held two meetings with licensees and has learned from the Chief of Police that
underage consumption is one of the major enforcement concerns of the Centennial Lakes
Police Department. Several example ordinances were offered during the meetings with
discussions revolving around a City of Plymouth Liquor Ordinance and the Model Liquor
Ordinance from the League of Minnesota Cities. I quote from Section 5 of the Model
Ordinance:
Section 5. Consumption in Public Places.
"No person shall consume intoxicating liquor or 3.2 percent malt liquor in a public park,
on any public street, sidewalk, trail, parking lot or alley, or in any public place other than
on the premises of an establishment licensed under this ordinance, in a municipal liquor
dispensary if one exists in the city, or where the consumption and display of liquor is
lawfully permitted."
That is about as clear as one can get. The licensee's never raised this section as a concern
in two meetings. In fact, the Model Ordinance was provided to licensees in advance and
Council went over each section line by line. Not once did any licensee raise a concern
about Section 5. In fact, the major concern oflicensee's was process and penalties.
Now the League of Minnesota Cities is an impartial service for all municipalities in
Minnesota. This is their recommendation and I think it is both wise and has withstood
legal challenge.
Furthermore, Ordinance #11 - An ordinance authorizing the issuance of temporary non-
intoxication malt liquor licenses is mute about where such permits may be issued, but it is
quite clear about the hours of operation. I quote from Section 7 Sales, Closing Hours;
Vacation of Premises:
Page 6 of 32
City of Centerville
July 10, 2002
Council Meeting Minutes
"No sales of non-intoxicating malt liquor shall be made by the holder of a temporary "on-
sale" non-intoxicating malt liquor license during any time in which such license is not
valid. Provided, however, that in no event shall any such sale be made between the hours
of one o'clock (1:00) a.m. and eight o'clock (8:00) a.m.
All customers of the licensee shall vacate the premises for which a temporary "on-sale"
non-intoxicating malt liquor license has been issued by the time specified on the license,
which shall not be later than ten (10:00) p.m. It shall be the responsibility of the licensee
to assure compliance with this requirement, and non-compliance shall constitute grounds
for revocation of such license."
One other interesting side note is in Section 5 Issuance of License it states and I quote,
"No license shall be issued under this Ordinance if it appears that the issuance of such
license will endanger the health, safety, or morals of the public."
But, that is not the last law that I looked at. In Centerville, all of the Ordinances through
65 have been codified and placed in various chapters - in essence a book of laws.
Chapter 92 concerns Parks and Recreation and I quote:
"92.05 Alcoholic Beverages; Intoxication.
(A) No person shall possess, display, consume or use intoxicating liquor or 3.2 malt
liquor in any public park or public grounds.
(B) No person shall enter or be upon any public park or public ground while under the
influence of any intoxicant. (Ord. 41, passed 10-12-83).
It further states in 92.07 Hours.
No persons, except authorized city personnel, shall enter or be in or remain in any public
park or public grounds between the hours of 10:00 p.m. and 7:00 a.m. (Ord. 41, passed
10-12-83)."
So when I raise valid concerns based on the appropriateness of an activity in a public
place it is not based on personal whim, but the law that I swore to uphold. The issue at
St. Genevieve's is not the same as a public place.
As always, should a majority of this Council make a decision on this issue I will support
the decision of the Council and sign documents presented to me.
As far as liquor ordinances are concerned, I believe it is inappropriate to fine people
haphazardly, especially where there is no clear process. In December, I voted not to fine
licensees when a process was not in place. I went further by scheduling meetings with
the licensees to address their concerns and I believe the Draft Ordinance is clear, fair, and
addresses all parties concerns. The public will have their opportunities to address the
issue as well.
I do have some facts that I would like to make known:
Page 7 of32
City of Centerville
July 10, 2002
Council Meeting Minutes
Money
After many months of trying to ascertain the final accounting figures on the 2001 Fete
des Lacs celebration the numbers were run on November 26,2001 and given to Council
in early December. The data showed income of$14,813.17 and expenses of $27,789.29.
The 2001 Audit Report of the City (page 14C. Deficit Fund Equity Notes to the
Financial Statements December 31, 2001) the Fete des' Lacs incurred overall debts of
$34,962 that had to be paid by taxpayers through the General Fund. The City has closed
this fund.
The City never could get an answer as to what funds were kept by the Lions for the 2001
Fete des Lacs.
The Hugonian reported a loss of $3,000, but the facts are a $13,000 loss in 2001 and
$34,962 overall loss.
Carnival
At the August 22 Council Meeting Council Member Capra, "questioned if there was an
expense for the carnival?" Mr. DeVine indicated the carnival was of no expense to the
committee, and explained the festival committee received a portion of the revenues after
a certain portion of revenues was gained. The City wrote a check to Herr Family
Amusements on May 3, 2001. Advanced ticket sales amounted to $551.00 and expenses
for the carnival were $2,615.64. A loss of $2,100. Why was there no income from Herr
Family Amusements on the weekend of the Festival? Also never explained was an
expense of$847 for advanced ticket sales on August 17.
The facts are that based on the above prior performance the City Council was not willing
to underwrite the Carnival. In fact, the Council made it quite clear that it would support a
transfer of $10,000 to the Centerville Lions to be specifically used for fireworks and the
parade. In fact, the Lions received that check early in the year.
Support for the Fete des Lacs
In the Quad Press a statement is made, "The last two years, the festival was organized by
a city committee, until the above council members decided it wasn't fiscally responsible
to pay for a festival, even though the cost to the city was less than $4,000."
I have previously covered the actual losses of the festival, but let's talk about the
committee. In fact the committee resigned. It did so on the rumor that there was no
support for the committee, according to Karla DeVine. The committee resigned even
though the proposed 2002 budget contained money for the committee. Once the
committee resigned, Council did abolish the committee. IN fact, Council on May 23,
2001 unanimously adopted the Goals ofthe City with the following statement:
Page 8 of 32
City of Centerville
July 10, 2002
Council Meeting Minutes
"Community pride and celebration are important components of the health of every city.
Council appreciates the volunteer spirit and effort of the many people and sponsors who
make the annual event a success. Council will pay in advance up to $35,000 annually for
bills properly identified as necessary for the conduct and performance of the annual
festival. The committee is encouraged to broaden the activities and events to be inclusive
of all segments of the population from youth to seniors, businesses to churches, and
nonprofit groups."
Tonight we are here to discuss the issue of whether a temporary liquor permit should be
issued for Laurie LaMotte Park. I have no qualms in supporting a permit on private
property, but as I have stated there is a clear legal directive on public property. Again, I
base all my decisions on sound facts and law and I am comfortable with my decision at
the prior Council meeting based on these facts as I have presented them this evening.
I know there are several members that wish to speak to the issues of this meeting. I will
recognize them first and we will follow with the statements ofthe public.
Please pay careful attention to the rules of this meeting:
1. No member of Council or the public will speak unless recognized by the Mayor.
2. If you wish to speak from the audience, raise your hand and come forward to the
podium and state your name and address for the record.
3. NO one will interrupt any speaker at any time. Everyone will have an opportunity
to speak.
4. Council Members may ask questions after a speaker has finished their
presentation.
5. Any person who uses profanity, yells or disparages the integrity of anyone in the
view of the Mayor will lose their opportunity to address the Council and will be
asked to leave the chamber.
6. Please be brief in your remarks. At least as brief as I have been.
7. If you have side conversations please take them outside. It is not fair to the
speakers for noise to distract from their remarks.
Does anyone have any questions about how this meeting will be conducted? I recognize
any members that wish to speak to the issues ofthis evening.
Council Member Capra asked Mr. Hoeft to comment on the matter.
City Attorney Hoeft indicated that alcohol cannot be consumed in the park without a
license to do so. He then indicated the City could approve a temporary license for
alcohol sales on park property if they so desire.
Council Member Capra indicated she had included in Council packets a memo to Council
concerning the issue and then read her memo: It is as follows:
I would like to address the Council with an option for the City festival regarding the use
of alcohol in the city parks and the issues, which have, arose over this topic.
Page 9 of 32
City of Centerville
July 10, 2002
Council Meeting Minutes
I have spoken to Deputy Chief Makela with the Centennial Police Department and
several surrounding communities including the City of St. Paul regarding their policies.
Through my search for information and regulations on this topic I have come up with the
following recommendations for the Council's consideration:
1. The alcohol needs to be contained in a fenced in area such as a beer garden, in
which all alcohol purchased need to be consumed. No alcohol will leave this
designated area. If any person outside of this corded off area is found with
alcohol they will be requested to dispose of their alcohol by dumping it out.
2. Deputy Chief Makela has suggested no one under the age of 21 be permitted in
the beer garden area. This I believe should be able to be accommodated easily
and should only be an issue for persons under the age of 21 attending the dance.
Maybe something could be worked out differently for managing the alcohol at the
dance.
3. The City of Centerville and the Centennial Lakes Police Department will be
notified of times and locations of alcohol sales during the festival.
4. The approval of this permit would be based on any additional requirements the
Centennial Police Department deems necessary for the safety and well being of
the citizens of the City ofCenterville.
Council Member Capra indicated she was looking into whether there is a law that allows
for a $100 fine for alcohol consumption in the parks and would ask that, if there is one,
that law be enforced during the festival.
Council Member Capra indicated there would need to be officers on patrol and officers at
the park attending the dance and asked if the Lions had planned for that.
Ms. Peil indicated the Lions had hired two off duty officers last year and one was in and
out of the area and the second was at the door.
Mr. DeVine indicated those officers were off duty Centennial Lakes officers paid by the
Lions and the Lions have ordered two more for this year.
Ms. Peil indicated there would be one at the softball fields and one in the rink during the
dance.
Mr. Bisek indicated the Lions have two trailers ordered so the Lions do not have to move
them.
Council Member Capra indicated she would like to see alcohol sales stop at 11: 15 since
the dance goes to midnight as that would give 45 minutes to get cleaned up and off the
premIses.
Ray DeVine indicated that Mayor Swedberg continues to bring up his name with regard
to the accounting numbers for last year's festival. He then said that the Centerville City
Clerk was in charge of all the accounting for the festival last year not Ray De Vine.
Page 10 of32
City of Centerville
July 10, 2002
Council Meeting Minutes
Mayor Swedberg said, "you do not disagree with the numbers do you?"
Mr. DeVine said he has not seen them.
Council Member Nelson asked if Mr. DeVine had approved expenditures.
Mr. DeVine indicated he was in charge of providing the City Clerk with requests for
funding.
Council Member Nelson asked if Mr. DeVine kept track ofthe numbers.
Mr. DeVine indicated it was just off of the top of his head.
Council Member Capra indicated she believed the request could be accommodated based
on the advice of the City attorney. She then said that she believes the requirement in the
ordinance that no alcohol be allowed in the parks is a good requirement but feels the City
can make an exception for the festival.
Mayor Swedberg indicated it sounds like there are three Council Members that will
approve a permit tonight and asked if any others wished to speak to the matter or if
Council should move toward a vote on the issue.
Mr. DeVine indicated the Lions would agree to an 11 :30 p.m. cutoff time for sales. He
then asked if the City would want the softball area fenced off as well.
Mr. Bisek indicated he has spoken to Assistant Chief Makela and has no problem with
fencing off the area where the beer sales are as, obviously, the intent of this is to not
allow sales to underage people.
Council Member Capra indicated the fencing off of the beer garden area is to respect
those that would prefer not to have alcohol at the festival.
Mr. Bisek indicated this is a family event and he does not see why, ifhe chooses to do so,
he could not take his 16 year old son into the beer garden with him to have a beer while
his son has a pop. He also commented there may be single parents who would like to
enjoy an alcoholic beverage but cannot leave their children unattended. He further
commented that he does not feel the age restriction is necessary as the Lions have
conducted the event properly for 12 years.
Council Member Broussard Vickers indicated she had voted to approve the permit the
first time around and said she does not feel the need to fence in an area because if she
wants to buy a beer and sit in the bleachers and drink it she should be able to do so. She
then said she had requested information regarding alcohol related incidents for this event
in past years and the information provided showed no spike in alcohol related incidents or
public drunkenness. She further indicated that, if it takes a fence to get the majority vote
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City of Centerville
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Council Meeting Minutes
she would agree, but rather than saying no one under 21 allowed she would like to allow
children accompanied by parents to be in the beer garden.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Travis to approve the Centerville Lions request for a temporarY/event liquor license
for the Fete des Lacs Festival with the fencinl! requirement for the two locations.
sales to stop at 11 :30 p.m. and to allow children accompanied bv their parent to be
in the beer l!arden. The approval is subiect to any and all requirements of the
Police and Fire Departments.
Council Member Capra asked if there was a resolution for approval. She then indicated
she has a concern with children being allowed because one year there was a parent that
was purchasing alcohol for a minor child.
Council Member Capra indicated she would not deny the permit based on that concern
but she asked the Lions to be on the look out for that sort of behavior.
Council Member Nelson indicated her discussion would be that she will vote no based on
the fact that she does not believe the approval is in accordance with City Ordinance.
Council Member Broussard Vickers indicated the City does have an ordinance that says
no drinking in the park without a permit.
City Attorney Hoeft clarified that Ordinance #11 allows for the issuance of this type of
license and looking at that ordinance it contains in it sales closing hours and location.
Under Section 5 it indicates that the license will be issued by the Clerk only by resolution
of the City Council and says that the license shall contain the location and times the event
is taking place. He further explained that the City has an ordinance that was approved
that allows Council to change the conditions on a case-by-case basis by resolution. He
also indicated that the general rules of construction indicate that the specific overrules the
general and this allows Council to set location and time as opposed to the general
ordinance for parks that says you cannot consume alcohol in the parks.
City Attorney Hoeft indicated the ordinance allows discretion to set other conditions
because granting the license is completely discretionary by Council.
City Attorney Hoeft explained that these ordinances were located late this afternoon and,
after being made aware of them, it is his opinion that that granting the permit does not
directly conflict with the other ordinances because it is a specific ordinance that allows
Council to do something rather than a general ordinance.
Council Member Nelson asked City Attorney Hoeft to address the issue of not after 10:00
p.m.
City Attorney Hoeft indicated the Ordinance allows the City to list the location, date and
time of day the permit will be valid.
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City of Centerville
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Council Member Nelson indicated Section 7 says all customers shall vacate the premises.
City Attorney Hoeft indicated that under Subsection E that is another condition to be set
by resolution.
City Attorney Hoeft indicated the times in the Ordinance are the default times unless set
by resolution.
Betsy Scheller, 7389 Old Mill Road, said it is very disappointing to see a City celebration
tainted by this type of questioning of the license. She then said that is not to say she does
not appreciate the hard work Council is doing but she thinks this is something that should
have been done early on in the planning stages for the festival.
City Attorney Hoeft indicated that he would have a resolution prepared for the next
meeting.
Ms. Scheller indicated the City should have said up front no alcohol if that was the intent
because so many good hearted people put efforts into volunteering and she thinks it is
disheartening to see their efforts tom down and, although that may not be the intent, there
is a perception of that and it does not encourage volunteering.
Ms. Scheller also indicated that those that have written articles have overreacted and that
is also not the best way to resolve things.
Ms. Scheller then made mention that there were interruptions which was a violation of
the rules as set by the Mayor and then said she did not think the Mayor could mandate
that no one swear due to the first amendment.
City Attorney Hoeft indicated the Mayor does not have to let residents speak at all.
VOTE: Aves - 3. Navs - 2 (Nelson/Swedbere:). Motion carried.
Mayor Swedberg indicated the City would issue the permit as soon as the resolution is
approved.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Travis to approve the Lions request for a temporary/event liquor license durine: the
state softball tournament on Aue:ust 23. 24 and 25. 2002 subiect to the required
insurance. Fire Department and Police Department approvals. fen cine: requirements
and the hours of operation of 6:00 p.m. to 10:00 p.m. Fridav. 8:00 a.m. to 10:00 p.m.
on Saturday and 10:00 a.m. to 6:00 p.m. on Sunday. Minors are to be allowed in the
beer e:arden fenced area if accompanied bv a parent. The permit fee is waived.
Council Member Nelson asked ifthe fee should be waived as was done for the festival.
Council Member Broussard Vickers indicated the fee should be waived as the Lions are a
civic organization and this is a fundraiser.
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Council Meeting Minutes
VOTE: Aves - 3. Navs - 2 (Nelson/Swedbere:). Motion carried.
2. Acorn Creek Park Trail
Tom Lee, 7179 Brian Drive, addressed Council and indicated that the trail from Brian
Drive to Acorn Creek Park is rapidly decaying and desperately in need of repair. He then
said that a letter was sent to the developer but that seems silly because the developer is a
member of Council.
Council Member Broussard Vickers indicated that Mr. Travis had spoken to Mr. Lee and
there is an agreement that the trail needs repair. She then said that the City should set a
certain time to have it repaired and step in to do the repairs if it is not done.
Council Member Capra asked if the City could do the repairs and assess for them.
City Attorney Hoeft indicated if there was escrow money or letter of credit that could be
used or the City could look at recovering the cost from the developer.
Council Member Travis indicated he was not approached by anyone from Park and
Recreation but had heard about this issue by hearsay.
Mr. Lee indicated there was a short line in the minutes of October 2001 concerning the
condition of the trail and then three months ago when Park and Recreation did the walk
around the trail had gotten much worse.
Council Member Travis indicated he has been working on it with the watershed for two
months and said he has discussions once a week with Bonestroo. He then indicated there
is a problem with the design and there is a much bigger issue than just blacktopping it.
He further indicated the trail would be fixed as soon as possible.
Council Member Capra asked if it could be done by September.
Council Member Travis said he is hoping to be able to get to it next week if the water
goes down. He then said it became a design issue when they made part of the
sedimentation pond for the development half of Forest Lake is draining down that ditch
and there was no way to design for that and it needs to be fixed. He further stated that he
will fix it and asked that anyone with any concerns call him to discuss it.
Louis Thill of 1485 Mound Trail indicated there is a runoff issue at the new Rehbein
development and asked that the City look into silt fencing or some type of barrier to keep
the sediment from reaching the lake.
Staff agreed to look into the matter.
3. Resolution #02-023 - Carpenter Property
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City of Centerville
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Council Meeting Minutes
Council Member Capra indicated she would like to table this matter until Royal Oaks
Industrial Park pays the City the outstanding amount of $36,788,30.
Motion bv Council Member Capra to table this matter until the monies owed to the
City have been paid.
Marcell Eibensteiner of Royal Oaks Realty indicated he was not aware of any money
owed to the City.
Mr. Rehbein indicated he had received his letter and it is not right.
Mr. Eibensteiner indicated he had not yet seen the letter.
Council Member Capra indicated that the City has been looking into its accounting
practices and realized that there were fees billed to the City never passed onto the
developers and that is what the invoice was for.
Council Member Nelson indicated that Royal Oaks owed $36,738.76.
Council Member Travis said he did not think that was correct because the City put in the
infrastructure out there.
Ms. Paulseth indicated the City agreed by Resolution to contribute $65,000 or $66,000
toward the project.
Ms. Paulseth indicated she would be willing to review the matter with Mr. Eibensteiner.
Mr. Eibensteiner asked if Council could approve the Resolution contingent upon payment
of the fees.
City Attorney Hoeft indicated that the Resolution would authorize staff to begin the
proceeding contingent upon entering into an agreement with Royal Oaks for payment to
the City of any fees associated with the process. He then said that he would be coming
back to Council for approval of that agreement before beginning the process which
means the City could approve the Resolution without obligating the City.
The previous motion failed for lack of a second.
Council Member Broussard Vickers indicated she was not III favor of the eminent
domain.
Mayor Swedberg said he felt that eminent domain is a strong power of the City to be used
in extreme circumstances.
Motion bv Council Member Travis. seconded bv Council Member Nelson to
approve Resolution #02-023 as presented.
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Council Meeting Minutes
Council Member Nelson indicated the reason she seconded the motion is because this
was already agreed to by motion at a previous meetings. She then indicated she would
like to make sure the capital project funds are ,received from Royal Oaks before the
process begins.
VOTE: Aves - 3. Navs - 2 (Broussard Vickers/Swedber!!). Motion carried.
4. Pheasant Marsh Second Addition Final Plat
Mr. Peterson indicated he had reviewed the Plat and has no issues with it.
Council Member Nelson asked if the trail is in the right location.
Mr. Peterson indicated the trail is not shown on this plat.
Motion bv Council Member Nelson. seconded bv Council Member Travis to
approve the fmal plat for Pheasant Marsh Second Addition based on the
recommendation of the City En!!ineer. Aves - 4. Navs - O. Abstain - 1 (Broussard
Vickers). Motion carried.
5. Sheehy Lot Split Request
Mr. Larry Nielsen indicated he had forwarded to the City a survey of the 20-acre parcel.
He then indicated his client wishes to split the property into a five acre parcel and a 15
acre parcel with the primary purpose being to sell off the 15 acres. He also indicated he
would like Council to consider splitting the special assessments between the two parcels.
Mayor Swedberg asked if there would be an issue with getting a trail easement across the
property.
Mr. Nielsen indicated he had met with City Staff concerning the easement across the
south portion of the property but said he had not yet met with his client and is not sure
whether he would be agreeable to the easement request.
Council Member Broussard Vickers indicated that Council has not allowed assessments
to be split in the past.
Council Member Nelson indicated she would want the assessments paid.
City Attorney Hoeft indicated that on one occasion Council did not require that the
assessments be paid up front and it did not work out very well but noted Council may
choose to split the assessments if it so chooses.
Mr. Nielsen indicated he makes the request with hat in hand and agreed on behalf of his
client to have the assessments paid in full up front if that is the direction of Council.
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Mr. Palzer indicated there is no public road easement to the new five-acre parcel. He
then said he is not sure if the City can request road easement through that area when the
City looks at extending 21 st Avenue.
Council Member Broussard Vickers asked if the building met the industrial/commercial
square footage guidelines.
Mr. Palzer indicated the five-acre parcel would but the structure does not.
Council Member Broussard Vickers indicated it would become nonconforming.
Mr. Palzer indicated the structure is already nonconforming.
Council Member Nelson asked whether this went to Planning and Zoning and if there is a
recommendation.
Council Member Travis indicated that the Planning and Zoning Commission had
recommended approval of the lot split request.
City Attorney Hoeft indicated that, other than making sure the lot is legal size, the only
other issue is that of the assessments.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to approve the lot split request for the Sheehy property R24-31-22-23-0003
with assessments to be paid in full at the time of the split upon the recommendation
of the City Attornev.
Council Member Travis indicated there are usually utility easements and asked if that
needed to be addressed at this time.
Mr. Palzer indicated it was not subdivided as a plat just a simple subdivision. He then
indicated that Staff would deal with the utility easements during the building permit
process.
VOTE: All in favor. Motion carried unanimously.
Council recessed at 8:30 p.m.
Council reconvened at 8:40 p.m.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to table the Liquor Ordinance discussion due to the lenl!th of this meetinl!
and to allow time for one more work session with the principals involved.
Mr. Bisek indicated there were two license holders not at the meeting due to lack 0
communication.
Mr. Bisek indicated he could not agree to a date on behalf ofthe two not in attendance.
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Council Meeting Minutes
Council agreed to schedule the work session for July 22, 2002 at 6:30 p.m.
VOTE: All in favor. Motion carried unanimouslv.
Motion bv Council Member Broussard Vickers to table the executive session
because she is not aware of what the issues are and is not prepared to discuss thin!!s
at this time as well as due to the lenl!th of the meetinl!.
Council Member Nelson said she was not sure she would be ready to table it.
Council Member Broussard Vickers indicated she would like to hold the executive
session now if it is not tabled in order to allow ample time for the discussion.
6. Capital Proiects
Ms. Paulseth indicated she had been doing an analysis of the capital project funds to
determine why there were negative balances and had realized that these were actually
fees owed to the City by developers for various costs. She then indicated in some cases
there had been a practice to require a $5,000 escrow for engineering fees which does not
usually cover all the engineering costs and the City had not billed developers for the
overages.
Ms. Paulseth indicated she has been establishing project ledgers for all new projects.
Council Member Capra asked if the City has letters of credit for the developers.
Ms. Paulseth indicated the letters of credit are used as security for the private
improvements. She then noted that most of the letters of credit had expired.
City Attorney Hoeft indicated the developer is not required to keep the letter of credit
current if the private improvements are in and done. He then said that the developer is
still responsible for those fees but the City needs to ask for the funds from the developer
rather than tapping into the letter of credit.
Ms. Paulseth indicated that in some cases the City reduced the letter of credit.
Council Member Capra asked why the City would do that.
City Attorney Hoeft indicated the developer may request a reduction after certain things
are completed.
Ms. Paulseth indicated there is a formal process to close the project and that has not been
done.
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July 10, 2002
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Council Member Broussard Vickers asked for a listing of outstanding engineering items
to determine whether there are items unfinished that will continue to incur costs and
require another letter to developers.
Ms. Paulseth indicated she had been working with Mr. Peterson and Mr. Palzer to make
sure any over sizing of watermains or sewer pipes were calculated and properly credited
in her calculations.
Council Member Nelson clarified that if the funds are not collected the City will need to
pay for those out of its general fund to wash out the balances.
Ms. Paulseth said she feels there is a real good chance that a lot of the outstanding
amounts can be collected.
Council Member Nelson asked if the City has any more accounts running with a negative
balance.
Ms. Paul seth indicated she had found that the City did not bill for snowplowing and street
sweeping since the winter of 1998/99.
Mayor Swedberg asked if other areas need correction.
Ms. Paulseth indicated she had begun working on the budget for the upcoming budgeting
seSSIOns.
Mayor Swedberg thanked Ms. Paulseth for her hard work.
7. Resolution #02-025 - Deferred Compensation Tax Payment to IRS
Motion bv Council Member Nelson. seconded bv Council Member Capra to direct
Staff to research cafeteria or flex plans to replace the deferred compensation plan.
Council Member Capra asked if Mr. Hoeft would set that up.
City Attorney Hoeft indicated he could assist in that but said the City would want to get
someone that will present the nuts and bolts of the plan and take care of creation of the
plan for him to review.
Mayor Swedberg asked that Staff get going on the plan right away because it takes time
to implement the plan.
Ms. Moore-Sykes indicated that it is Staffs intent to have the plan in place for Council
approval by the end of the year to begin the first of next year.
Council Member Capra asked if an attorney from Mr. Hoeft's office would be sending
the check to the IRS.
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City of Centerville
July 10, 2002
Council Meeting Minutes
City Attorney Hoeft indicated that Mr. McDonald would be handling that with input from
his firm. He then indicated he had been told that they are not anticipating a penalty or
interest but will wait to hear from the IRS.
Council Member Broussard Vickers asked if there was a statute of limitations within
which the IRS cannot impose interest and a penalty.
City Attorney Hoeft indicated it is generally after 7 years but said he would not assume
anything with the IRS and said the more time that passes the better position the City is in.
VOTE: All in favor. Motion carried unanimouslv.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve Resolution 02-025 authorizine: tax payment to the IRS in the amount of
$6.072.00. All in favor. Motion carried unanimouslv.
8. Resolution #02-024 - Transfer Funds Retro-Active
Motion bv Council Member Capra. seconded bv Council Member Nelson to
approve Resolution 02-024 to approve the transfer of funds retroactive. Aves - 4.
Navs -l(Broussard Vickers). Motion carried.
Council moved the executive session to this point in the meeting.
Executive Session to Discuss Ms. Moore-Svkes
Ms. Moore-Sykes requested that her portion of the executive session be held during open
seSSIOn.
Ms. Scheller asked what the City's intentions were with regard to the lake front property.
Council Member Broussard Vickers indicated that Park and Recreation had discussed
recommending the City try to do something to acquire the property because it may be the
last opportunity to acquire lakefront property. She further indicated it is a matter of
economics at this time.
Ms. Moore-Sykes indicated that the property owner is conducting an appraisal and will
provide the price to the City upon completion of that process.
Council Member Travis suggested asking the County whether it wished to purchase the
property before the City spent the money to buy it.
Council Member Capra indicated she had spoken to Mel Dupre who worked for the S1.
Paul Water Department and he had suggested having Staff research the deed to the
property to see if there is language that when the S1. Paul Water Utility no longer needs
the property it reverts back to another entity.
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City of Centerville
July 10, 2002
Council Meeting Minutes
Council Member Broussard Vickers suggested approaching Lino Lakes.
Mr. Sweeney indicated the City did that a few years ago and, at that time, Lino was not
interested in that portion of property.
Ms. Scheller asked ifthe City would be forming an ad hoc or task force group.
Council Member Broussard Vickers said she had no issue with residents forming a group
to work on fundraising ideas.
Executive Session
Mayor Swedberg asked if both sessions were open.
Ms. Moore-Sykes indicated hers would be open.
Council moved to the executive session at 9:09 p.m.
Ms. Moore-Sykes indicated she opened her session because she has no idea what this is
about other than being told it concerned office dynamics.
Council Member Capra indicated she had told Ms. Moore-Sykes she would be requesting
an executive session for employee performance and the issue is office dynamics.
City Attorney Hoeft indicated this would only be for employee review of the City
Administrator.
Council Member Capra indicated that when the City was without an administrator and
issues came up Council had agreed to bring the issue to Council rather than discuss
individually and that is the reason for bringing this to Council.
Ms. Moore-Sykes indicated she had recently had a performance evaluation.
Council Member Capra indicated this is a specific issue and that is why she is bringing
this about. She then said that for a personal relationship she believes she could have sat
down with Ms. Moore-Sykes individually but Council agreed to handle issues such as
this as a whole rather than individually. She then said that this is not a huge deal but
thinks it needs to be brought to the attention of Council. She further commented that she
is not looking to fire anybody.
Council Member Capra read a prepared statement. It is as follows: (This section pasted
in as provided by Staff.oono corrections were made.)
July 10, 2002
Due to the attorney requesting names not be used you will find in italics the replacement
of names.
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City of Centerville
July 10, 2002
Council Meeting Minutes
I am requesting the executive session in regard to the employee performance of Ms.
Moore-Sykes.
I have concerns over the issue and how Ms. Moore-Sykes has handled this with city staff.
I can respect Ms. Moore-Sykes concerns and she has had them for several weeks over a
particular individual even offering a bid on the computer project.
The city attorney has reassured us we are fine with regard to this issue and with Council
member Nelson removing herself from the issue completely.
I do not have a problem with Ms. Moore-Sykes expressing her concerns over the
potential conflict of interest prior to our decision being made. I did not have a problem
with Ms. Moore-Sykes expressing her personal concerns to the council over the way the
decision was made and her opinion feeling the staff was "left out of the loop" in making
the decision.
What I do have a problem with in this situation is it is evident she brought her concerns
out to the office staff and voiced her opinion. I believe Kim needs to refrain from
discussion with staff regarding this issue and her personal opinions.
When I came to city hall that Friday afternoon to find Kim Moore-Sykes working on the
receptionist computer I told her this will all be taken care of hopefully in the next few
weeks. She then informed me we are putting a hold on the decision until we meet as a
council. I stated I would be fine with waiting two more weeks for this matter to be
cleared up. She then informed me we would be having a special meeting on Monday
evemng.
I told her I believed the decision had been made in my opinion and they're really was no
issue. The issue was between the Mayor and herself. It was at this point a staff member
informed me this decision could affect campaigns of council members and that people
will make this an issue. Another staffperson gave comment on Nano Systems being the
lowest bid. I expressed Nano systems was just for equipment no installation.
Further discussion ensued in the front office and Ms. Moore-Sykes stated her concern is
that this is an elections year and this could look very bad for any council member running
for office.
I expressed my disappointment in staff questioning any decision had anything to do with
a council members son or Mari. I could hardly believe that they would assume a council
member would make a decision based on that. Staff did clarify that was not their intent to
judge but to point out how this would look.
When Kim was hired I personally informed her of my concerns over rumors that past
administrators would discuss council decisions and directive with staff and pull them
apart. I discussed with Ms. Moore-Sykes how it was rumored past administrator use to
allow staff to sit and watch council meeting tapes and make jokes about council
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City of CentervilIe
July 10, 2002
Council Meeting Minutes
members. I discussed with Ms. Moore-Sykes how in the past it was rumored past
administrators use to themselves make derogatory comments about council decisions and
council members during staff meetings. Ms. Moore-Sykes expressed her opinion on this
was inappropriate behavior and she would not allow anything like this to happen under
her leadership.
I would like the council to consider a verbal warning be given to Ms. Moore-Sykes on
her inappropriate behavior regarding a council directive. Her actions in my opinion
insited staff and I believe disrupted the function of city hall for the entire day on that
Friday.
Ms. Moore-Sykes is a representative of the city council and it is her duty to fulfill council
directives even when they differ with her personal opinions. Further more if she has
concerns or issues regarding a council directive she will not undermine the council by
discussing it with staff. She is the administrator of this city and I am hopeful working
together with the council we can turn this around.
As elected official of the people it is our responsibility to question for we are the
administrators boss. I would like further remind this council of all the problems we have
faced and continue to face by unquestioned trust past councils had placed in
administrators it has cost us greatly.
I have no problem with staff voicing concerns prior to a council decision being made, but
after a council decision has been made staff needs to cooperate with any outside parties
involved in completion of the council directive. The only concerns staff needs to address
regarding any council directive would be unlawful practices or cost over runs. Staff
greatly leave this city open for potential litigation regarding predigest if they continually
question approved council directives.
Ms. Moore-Sykes indicated she did not think her comments or behavior were
inappropriate and said she apologized if Council Member Capra felt that way. She then
clarified that they were all working in the front office when the discussion ensued and
said she should have invited Council Member Capra back to her office rather than
continuing the discussion in front of the other office Staff.
Council Member Capra said as discussed in her office that morning if she had concerns
she had no problems with that but when it filters out into the Staff office she thinks it
creates a big mess.
Ms. Moore-Sykes commented that some of these issues are public and discussed and
Staffwill have opinions on them which she cannot control.
Council Member Capra commented that she thinks the issue was with the Mayor and how
he handled the situation. She then said she had recommended that Ms. Moore-Sykes
contact the Mayor. She further stated that Ms. Moore-Sykes should have told Staff she
was handling the matter rather than allowing Staff to become involved in the discussion.
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Ms. Moore-Sykes indicated that the Mayor was not involved in the discussions in the
afternoon.
Council Member Capra indicated she felt that Ms. Moore-Sykes should have stopped
Staff from commenting on the elections and that is a concern to her but she said she feels
the matter can be worked out.
Mayor Swedberg said you have comments and we talked about at length and you
continue to be concerned about those issues one thing that I have a question about is
Council passed a motion that all public hearings would be televised. He then indicated
that Planning and Zoning had been discussing ordinances and asked whether any public
hearings were held at that level and, if so, were they televised.
Ms. Bender indicated there was one public hearing concerning the Sheehy lot split.
Mayor Swedberg said he would remind you that the directive was that all public hearings,
as a directive of Council, are to be televised.
Council Member Broussard Vickers indicated she had a different concern with regard to
this and her concern is with how this request was made. She then indicated it was left in
a public venue which she thinks may have violated some privacy information because the
employee names were placed out in public view and she has a concern for opening up the
City to liability.
Council Member Capra commented that they were accused of not being public last time.
Council Member Broussard Vickers said she is talking about placing the document out in
the public eye where other employees saw this and had open knowledge of this and that is
not appropriate. She then said the request was laid on the front desk without an envelope.
She further indicated she had discussed the matter with an attorney from the League of
Minnesota Cities and placing the document where other employees could see it is
questionable.
Council Member Broussard Vickers indicated that as a Council Member the request can
be made but should have been placed in an envelope rather than left out in the open to be
seen by other employees.
Council Member Capra indicated she had requested that it be added to the agenda and
was told that it would need to be a special meeting and be posted. She then asked if that
was correct.
City Attorney Hoeft indicated that no special meeting was needed as the item can be
added to Council's regular agenda.
Council Member Broussard Vickers said she has no question with Ms. Moore-Sykes
performance because what Council discusses is public information and Staff is aware of
everything that goes on and will discuss it. She then said that she does not know that Ms.
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City of Centerville
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Council Meeting Minutes
Moore-Sykes said or did anything to provide more information than what was discussed
publicly and Staff is encouraged to speak their minds when they feel there is an issue.
She further stated she did not know what could have been done differently other than to
tell Staff not to talk about it which she does not agree with and then said that she did not
think Ms. Moore-Sykes did anything that was inappropriate.
Council Member Capra commented that she feels that there are issues about this oceuring
in a public venue and issues with regard to the public office and the front office and the
demeanor that there is supposed to be in that office. She then said she feels this can be
rectified with notification and the reason for asking for the executive session was because
this would come to full Council as was decided a year ago.
Council Member Nelson indicated she did not have a comment on this issue but since this
is on the agenda one thing that did bother her was the thing with Ellen on the capital
projects that did not come to Council before being given to committees. She then said it
is public information but she feels it should come to Council first so that, if asked,
Council will have the information to respond.
Ms. Moore-Sykes indicated she did not understand that capital projects was to be an
action item on Council's agenda as Ms. Paul seth had already sent out the invoices.
Council Member Capra indicated that usually the persons name is on the agenda when
approving step increases.
City Attorney Hoeft indicated it was not necessary to do so but it can be listed if desired.
Council Member Broussard Vickers asked City Attorney Hoeft if it is ever within a
Council Member's responsibilities or activities that they should individually speak to
Staff concerning performance.
City Attorney Hoeft indicated that is not a legal issue as Council can do that as an
individual acting as an individual. He then said it is more of a policy consideration of
how Council wants Council Members to interact with Staff.
Council Member Broussard Vickers commented that Staff could perceive it as Council
directive.
Council Member Capra asked how you would ever come to a conclusion on a matter if
Council was not allowed to speak to Staff individually.
Council Member Broussard Vickers indicated she would prefer that any employee issue
be brought to Council as she does not think as individuals Council should ever be talking
to staff about disappointments or expectation or dressing them down for something they
did or did not do.
Mayor Swedberg indicated he would extend that to employees but not to the City
Administrator.
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City of Centerville
July 10, 2002
Council Meeting Minutes
Council Member Broussard Vickers said you could make a policy to be clear that you are
acting as an individual and carry no council weight but if speaking to that person you do
carry the weight of a Council person and are not just an individual talking any more. She
then said she did not think it was appropriate to affect an individual's job performance by
virtue of what one person would have to say.
Council Member Nelson indicated Council made an exception when her performance
review was done.
Council Member Broussard Vickers said she would like to have a policy that individual
Council Members do not talk individually about job performance because there is too
much potential for things to go wrong and promote bad thoughts and misunderstandings.
She further stated that performance issues need to come before Council as a whole so all
Members can agree. She also said that just because one has an issue does not mean all
agree and Staff should not receive a directive to change a behavior if three of five do not
think it should change.
Mayor Swedberg said are you saying not to talk to her except in this room.
Council Member Broussard Vickers clarified that she meant that Council Members were
not to dress them down or bring grievances or any directives to change in terms of job as
an individual Council Member. She then said she did not think anyone as an individual
should walk in and tell Staff to change something.
Mayor Swedberg said, "this is out in left field."
Council Member Broussard Vickers commented that she had received comments that
individual Council Members have been telling Staff what should or should not be done.
She then said that she feels like there is a lot of individual action and suggestions on how
to run things in the office that should come from Council as a whole rather than from an
individual Council Member.
Council Member Capra asked if she was talking about suggestions or reprimands.
Council Member Broussard Vickers indicated that if Council Members are walking in
with suggestions on changing office procedure that would be something Ms. Moore-
Sykes would make the decision on because that Council Member wants to run something
in a certain way that type of issue should come to Council for discussion as a whole.
Council Member Nelson indicated that if she has a comment concerning something that
was not done by another employee other than Ms. Moore-Sykes it is her responsibility to
inform Ms. Moore-Sykes s her supervisor so that she can handle the matter.
Council Member Broussard Vickers indicated she has continuing concerns that individual
Council Members are trying to influence the management of the office by Ms. Moore-
Sykes and she does not want to do that with regard to items that are within her pervue as
Page 26 of 32
City of Centerville
July 10, 2002
Council Meeting Minutes
Administrator. She further indicated that any directives to change the way the office is
run should come from Council as a whole rather than having individual members getting
into the minute details of micromanaging the office.
Mayor Swedberg asked when this happens. He then said that he and Ms. Moore-Sykes
disagreed on one thing but he never once told her how to do her job. He then said I told
you what the priorities are but never told you how to do your job.
Council Member Broussard Vickers commented that the Mayor told her his priorities.
Mayor Swedberg indicated he told her the priorities of this City and those are those that
the City adopted by the Council goals document. He then said you are imagining
something.
Council Member Broussard Vickers said she disagreed with the Mayor but said she
would not give specific instances at this time.
City Attorney Hoeft suggested that the discussion should relate around the performance
of the City Administrator.
Council Member Broussard Vickers indicated that if Council is going to direct Ms.
Moore-Sykes performance she would like to see it come as a direct from the whole
Council not from individual Council Members.
Mayor Swedberg said he would say that is being done and he totally disagrees with those
comments.
Council Member Nelson said she agreed that it should be done as a group.
Council Member Travis said he agreed.
Council closed the executive session for Ms. Moore-Sykes at 9:39 p.m.
Council opened the executive session to discuss Ms. Bender at 9:39 p.m. The session
was closed.
Ms. Bender asked to run tape and see how audio is.
Council Member Nelson said yes.
Council reconvened at 10:08 p.m.
Mayor Swedberg indicated Council discussed the employee performance of Ms. Bender.
9. Proposed Massage Parlor Ordinance. Tattooing. Bodv Piercing & Bodv Branding.
and Ordinance #4
Page 27 of 32
City of Centerville
July 10,2002
Council Meeting Minutes
Motion by Council Member Capra. seconded by Mayor Swedbere to table the
Massaee Parlor Ordinance. Tattooine. Body Piercine & Body Brandine Ordinance.
and Ordinance #4. All in favor. Motion carried unanimouslv.
VI. CONSENT AGENDA
1. The City ofCenterville June 27, 2002 through July 10, 2002 Claims for Approval
2. St. Genevieve's Temporary Gambling Pennit
3. PC Solutions for Computers & Installation
4. Successful Completion ofPerfonnance Review and Grade 5, Step 6 Pay Increase
to Grade 5, Step 7 for Ken Cook.
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to approve the Consent Aeenda as presented. All in favor. Motion carried
unanimouslv.
VII. APPROVAL OF COUNCIL MINUTES
1. June 17. 2002 Special Council Meeting Minutes
2. June 26. 2002 Council Meeting Minutes
Motion by Council Member Broussard Vickers. seconded bv Mayor Swedbere to
table approval of the June 17.2002 Special Council Meetine Minutes and the June
26. 2002 Council Meetine Minutes. All in favor. Motion carried unanimously.
VIII. ANNOUNCEMENTS/uPDA TES
Council Member Capra indicated she had been working with the Chair of the Lifetime
Achievement Committee and would ordinarily have a recommendation for Council
approval at the second meeting in July but with all that has been going on the
recommendation will be delayed.
Council Member Broussard Vickers indicated that the Centerville Lions are in the
process of setting up the right non-profit organization in order to be able to receive funds
and said that the Lions intend to come to a Planning and Zoning meeting in the near
future to discuss plans for the funds.
Council Member Nelson indicated Council has been waiting for a request and noted
Council could use the funds however the City wishes. She then noted there are a lot of
things the City could be doing.
Council Member Broussard Vickers indicated the parties involved plan on meeting soon
to make a recommendation as to how to use the funds.
Ms. Bender asked that she be notified of any meeting to discuss the funds so that proper
notice can be posted.
Page 28 of 32
City of Centerville
July 10, 2002
Council Meeting Minutes
Council Member Broussard Vickers suggested Staff contact Karla DeVine let her know
that there would need to be appropriate notice.
Council Member Capra said she would also like to make a note to Park and Recreation
and the Lions that the City is not under any legal obligation for those funds. She then
said she would like some decision made with regard to those funds by the end of August
because she thinks the City has given the Lions plenty oftime.
Council Member Nelson indicated she was concerned that the Minnesota Alcohol and
Gambling Board continues to look at the City as long as the City is holding those funds
and she would like the funds used so that the scrutiny would stop.
Council Member Capra indicated the City cannot transfer those funds.
Council Member Nelson said she would like to get those funds gone and start clean on
whatever is going to be done so that it is not hanging over the City.
Council Member Capra commented that the warming house needs a roof which costs
$5,000
Council Member Broussard Vickers said she would indicate that Council wants a
decision by the end of August.
Council Member Nelson indicated that she, Council Member Capra and Mayor Swedberg
are not in favor of the concession stand so a majority of Council do not want the
concession stand.
Council Member Broussard Vickers commented that there were representations make in
the past as to how those funds were to be used regardless of whether they are legally
binding.
Council Member Nelson said not only are they not legally binding they are illegal.
Council Member Capra indicated the City cannot build or have a building with those
funds that the Lions use to make a profit on.
Council Member Broussard Vickers indicated that the Lions are aware that it would be a
facility in the park that is used for the City and would not be for private or preferred use
by the Lions. She then said that a better facility needs to be down there and then
commented that the City's relationship with the Lions is extremely damaged and it would
be better to say up front if the City does not want a concession stand rather than wasting
peoples time.
Motion bv Council Member Nelson. seconded bv Council Member Capra to notifv
Park and Recreation that the City has no interest in buildinl!: a brand new
concession stand at LaMotte Park.
Page 29 of32
City of Centerville
July 10, 2002
Council Meeting Minutes
Council Member Broussard Vickers commented that Council is deciding what it does not
want even before hearing the recommendation of Park and Recreation. She then said she
would be interested to know why Council would say they do not want this when there are
donated funds and volunteer work for the facility.
Council Member Nelson indicated she based her decision on conversations with Park and
Recreation that the concession stand would be used for the Lions.
Council Member Broussard Vickers indicated she had set them straight on that pretty
quickly and had explained that the Lions would receive no special consideration over
anybody else using the facility.
Council Member Broussard Vickers indicated that ownership of the building is not an
issue as it would be a City owned and controlled facility. She then asked why three
Council Members have already made up their minds not to listen to the recommendation
of Parks and Recreation with regard to use of the funds.
Council Member Nelson said she believes there are other uses for those funds and have
made it clear that it would not be for the Lions but it keeps coming back and she is
concerned about the legalities of the matter with the funds going to the Lions.
Council Member Broussard Vickers asked what the issue would be with the City paying a
bill for building materials to construct a structure on City property as a donation from the
Lions.
Council Member Nelson indicated she had no issue with the Lions but has a problem
with the money from the Spring Lake Park Lions to the Centerville Lions.
Council Member Broussard Vickers commented that the City has the money in a
gambling fund and there are numerous ways under the statute to use it and Council is still
afraid of getting into trouble.
Council Member Nelson indicated Council decided it wanted to use the money for Parks
and Recreation and that is where not for a concession stand.
Council Member Broussard Vickers asked why it would not be a park usage if Parks and
Recreation came to Council with a recommendation for a concession stand at LaMotte
Park.
Mayor Swedberg said there are kids growing up all around that park and he is interested
in recreating not interested in eating. He then said the City does not need a concession
stand and there is the opportunity to purchase waterfront property for the City.
Council Member Nelson indicated she would be fine with using those funds for that
purpose.
Page 30 of 32
City of Centerville
July 10, 2002
Council Meeting Minutes
Council Member Capra indicated her concern would be the timing ofthe use of the funds
as it could take years to build the concession stand.
Council Member Broussard Vickers indicated Parks and Recreation would be coming
forward to Council with a plan and, if this is a matter of transferring the funds out they
could be transferred to Parks and Recreation for park usage.
Council Member Capra indicated she had no problem with renovating the warming house
but said she would like to use the money and get rid of it.
Council Member Broussard Vickers commented that Council is deciding on how it wants
the money spent without a recommendation from Parks and Recreation.
Council Member Nelson commented that Council has the right to do so and noted
Council has been waiting for a recommendation.
. VOTE: Aves - 3. Navs - 2 (Travis/Broussard Vickers). Motion carried.
Council Member Nelson indicated that the EDC had been redoing a brochure and had
asked for Council input within the next two weeks.
Council Member Nelson indicated that the EDC would like Council to review its bylaws
and Ordinance #58 as they do not match.
Ms. Moore-Sykes indicated she had received a copy of the bylaws from a committee
member and will forward them to the EDC for review.
Council Member Nelson indicated there were two questions for the engineer she would
ask next time.
Council Member Travis indicated the Planning Commission had reviewed plans for a
new building over by Ro-So Construction. He then indicated that Matt Rehbein was
there and 21 sl A venue would need to be improved to use the lot in question.
Ms. Moore-Sykes indicated it may be possible to push through the cul-de-sac.
Ms. Moore-Sykes indicated that Staff is moving ahead with computers. She then
indicated she had received hers but did not yet have the software installed. She further
indicated that she intended to get back on schedule with the Council review for the Ouad
and Week in Review.
Council Member Nelson asked for a date when the personnel policy would be completed
and then suggested the end of August.
Ms. Moore-Sykes indicated she would attempt to have a draft for review by the end of
August.
Page 31 of32
City of Centerville
July 10, 2002
Council Meeting Minutes
IX. ADJOURNMENT
Motion bv Council Member Travis. seconded bv Council Member Capra to adiourn
the Julv 10. 2002 City Council Meetinl! at 10:33 p.m. All in favor. Motion carried
unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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City Clerk
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Mayor ~
Page 32 of 32
CITY OF CENTERVILLE
CITY COUNCIL MEETING
July 24, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on July 24, 2002, at City Hall, 1880 Main Street.
PRESENT: Mayor Tim Swedberg
Council Member Dick Travis A
Council Member Mari Nelson@"n@l9J
Council Member Linda Broussard Vickers /A\ r6) rQ) [f 0 I \y '
Council Member Capra ~ LP Lr
ABSENT: None.
STAFF: City Administrator, Ms, Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
I. CALL TO ORDER
Mayor Swedberg called the July 24, 2002, City Council meeting to order at 6:30 p.m.
II. SET AGENDA
Council Member Capra requested that Resolution #02-029 and Resolution #02-030 be
added to the Consent Agenda approving the Spring Lake Park Lions raffle and the
Centerville Lions Bingo.
Council Member Nelson requested that a discussion concerning the Moreland property be
added as Council Business Number 8,
Mayor Swedberg requested that workshop calendars be added as Council Business
Number 9.
Motion bv Council Member Nelson. seconded
Vickers to approve the ae:enda as presented.
unanimouslv.
bv Council Member Broussard
All in favor. Motion carried
III. A W ARDS/PRESENTA nONS/APPEARANCES
1. Mr. Howard Juni. 6068 Foxtail Drive. Lino Lakes
City of Centerville
July 24, 2002
Council Meeting Minutes
Mr. Howard Juni addressed Council and indicated he is running for County
Conunissioner in District 6. He then gave a brief overview of his background.
Mayor Swedberg thanked him for coming.
IV. PUBLIC HEARING(S)
1. Ordinance #4 (Zoning & Land Use)
Mayor Swedberg opened the public hearing at 6:35 p.m.
Ms. Moore-Sykes indicated that there have been no conunents received at City Hall
concerning the revisions to Ordinance #4.
City Attorney Hoeft indicated that all of his conunents were more draft related and not of
any substance.
Mayor Swedberg indicated he would work with staff to review for the granunatical
changes he has.
There was no one present to speak on Ordinance #4.
Motion bv Council Member Capra. seconded bv Council Member Nelson to close
the public heariRl!. All in favor. Motion carried unanimouslv.
Mayor Swedberg closed the public hearing at 8:36 p.m.
V. COUNCIL BUSINESS
1. Proposed Massage Parlor Ordinance #70
Ms. Moore-Sykes indicated that the Planning and Zoning Conunission had worked on
Ordinance #70 and have passed it onto Council for review and approval.
Mayor Swedberg asked if the proposed ordinances came from the same city or were they
from different cities.
Ms. Moore-Sykes indicated they were from different cities and also reference the form
from the League of Minnesota Cities.
Mayor Swedberg indicated that they are written differently but are so close in nature that
they should mesh. He then asked if City Attorney Hoeft had reviewed the ordinances.
City Attorney Hoeft indicated he had not reviewed them.
Page 2 of 22
City ofCenlerville
July 24, 2002
Council Meeting Minutes
Mayor Swedberg indicated he felt the ordinance needed to specify where the activity is
appropriate. He then indicated that he thought the City's intent was to be specific about
where these types of activities were to take place.
Council Member Travis indicated that location is addressed in Ordinance #4.
Mr. Wilharber indicated that location is addressed in Ordinance #4 and then said that the
adult ordinance addresses specifically where adult business cannot be located but, since
body piercing is not an adult oriented business, the adult ordinance does not limit where
that type of business can be located.
Council Member Nelson indicated she had a general comment about the section that
discusses persons of bad repute and moral character. She then asked who would judge
that and how the City would determine that.
City Attorney Hoeft indicated that would be difficult to do.
Council Member Capra questioned how the City would know that a person applying for a
license had been denied a license or had one revoked within a one-year period.
City Attorney Hoeft indicated that provision would be for tracking businesses within this
community as it would be difficult to track licensure in other communities.
Council Member Capra asked if the City would be notified by the Health Department if
there was an issue.
Ms. Moore-Sykes indicated she spoke to the Anoka County Public Health Department at
the request of Planning and Zoning and was told that the County looks at tattooing but
otherwise would have no reason to go into a salon to monitor body piercing or body
branding.
Mayor Swedberg commented that the license is called a business license but he does not
believe the City has a business license. He then asked why it would be called a business
license rather than a specific license.
Ms. Moore-Sykes indicated that other communities use a business license to keep tabs on
what is going on in the city.
Mayor Swedberg asked City Attorney Hoeft to look at Page 12 to clarify the intent of the
words distinguished and distinct. He then said he wants to have the license called a
massage license.
Mayor Swedberg said he felt it needed to be made clear on Page 3 that a health issue is
being addressed. He then asked City Attorney Hoeft to look at Page 4.
Page 3 of 22
City of Centerville
July 24, 2002
Council Meeting Minutes
Mayor Swedberg indicated the form has space for three character references and asked
that the ordinance state in the language that there are three required. He then indicated
that Page 5 is duplicative of Page 3. He further indicated that Page 7 should be reviewed
to see ifit duplicates the language from Page 3.
Mayor Swedberg asked if there should be language added concerning autoclaves,
sterility, stainless steel appliances, and bacteria prevention and protection. He then
indicated that there should be a requirement that any biohazards are to be removed by an
authorized representative.
Council Member Broussard Vickers indicated that Page 5 of the tattooing ordinance
contains that language.
Mayor Swedberg indicated that one ordinance discusses insurance and the other does not
and he feels that both should.
2. Proposed Tattooing, Bodv Piercing & Bodv Branding #71
Council Member Nelson indicated she would like the moral character references removed
and then asked what a natural person is. City Attorney Hoeft explained that a natural
person is an individual rather than a corporation or a partnership.
Council Member Capra asked whether a definition for sterilization would be required.
Council Member Capra asked what body painting was.
Council Member Broussard Vickers indicated it was similar to henna dying or Indian Art
that is painted on skin.
Mr. Wilharber indicated that there was body painting at the Market Fest celebration in
White Bear Lake. He then explained that designs are painted on the body and then over
sprayed to protect them for several days.
Council Member Capra indicated there were some typos to be cleaned up and then asked
if the state has a minimum insurance requirement.
Council Member Broussard Vickers asked if the state issues a license.
City Attorney Hoeft indicated the state does not issue a license.
Ms. Moore-Sykes indicated that Staff would review and make the changes referenced and
provide the changes to Council for review before the public hearing.
Page 4 of 22
City of Centerville
July 24, 2002
Council Meeting Minutes
3. Carl Buechler Overweight Permit Request (Street Reconstruction)
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Travis to approve the overwei2ht permit based on the recommendation of the City
Enl!ineer. All in favor. Motion carried unanimouslv.
Mr. Buechler asked what the limit would be. Mr. Peterson indicated that 7-ton would be
preferable.
Mr. Buechler indicated he would get quotes on both 7 ton and 9 ton and then asked if
Lino Lakes would want to refinish their section of the roadway at the same time to share
in the costs. Ms. Moore-Sykes suggested contacting the City Manager for Lino Lakes.
Mr. Peterson indicated he would contact the City Engineer for Lino Lakes to discuss the
matter.
Mr. Buechler asked for a map showing the Lino Lakes area for the bid if it is decided that
a joint bid is required. He then said that he feels a joint bid would provide for a better
pnce.
4. Acorn Creek Park Trail (Update)
Mr. Peterson indicated he reviewed the trail and Mr. Travis has lowered the culverts and
put gravel over them in anticipation of paving them when the rain stops.
Council Member Travis indicated the blacktop was to be installed today but was rained
out.
Council Member Nelson asked Mr. Peterson to review it for the next meeting to make
sure it is done.
Mr. Peterson recommended keeping an eye on the culvert for runoff and making sure it is
ready before blacktopping.
5. Capital Funds Proiects Inquiry/Investigation
Council Member Capra asked for an update on this matter.
Council Member Nelson commented that the City has been through a lot of financial
problems and she feels that a state audit would be a good thing for the Council to request.
Council Member Broussard Vickers disagreed.
Council Member Capra indicated she spoke to Ms. Paulseth today and asked what it
would take to do an internal audit of two commercial properties developed at the same
time. She then suggested auditing Goetz Landscaping and Apple Tree Square to verify
that everything was paid rather than going through an audit.
Page 5 of22
City of Centerville
July 24, 2002
Council Meeting Minutes
Ms. Paulseth indicated she had spoken to Council Member Capra earlier today has no
problem with doing an internal audit of a couple of projects. She also commented that
the City Clerk agreed there could be some problems.
Council Member Capra said she is not sure there are any issues but would like to do a
spot check.
Ms. Paulseth indicated that this type of project accounting is outside of the normal scope
of what the normal auditing process would be.
Council Member Capra indicated she is aware that there are a wide variety of audits that
are done.
Ms. Paulseth indicated that the audits do not typically include accounting work and the
audit team has been doing a significant amount of accounting work and billing it back to
the City.
Council Member Capra indicated that the audit costs are around $20,000.
Council Member Capra indicated she would like a spot check to see if those two accounts
were incorrectly billed or not billed to see ifthere is a bigger problem than they are aware
of.
Council Member Broussard Vickers indicated that any projects commercial or residential
could be reviewed as the City knows there were accounting problems so it would not be
unreasonable to assume it may have happened in other projects.
Ms. Paulseth indicated that the projects referred to by Council Member Capra are still on
the books of the City. She then said that there was not a capital projects fund opened on
them and she assumes the activity happened in the general fund.
Mayor Swedberg commented that developers in this City are surprised and the thing that
he is most worried about is that there is a process that exists that allows almost $300,000
to slip through the cracks. He then said he is looking for some certainty that the current
process would not allow this to happen again. He further said he has zero confidence in
the auditor because the auditor has repeatedly told the City during two audits that these
were just overages and there is not a member on this Council that would be able to know
that was any different. He also said he is fairly miffed at the auditor that $300,000 could
fall through the cracks. He then said he applauds Ms. Paulseth for finding this.
Council Member Broussard Vickers indicated these were procedural things that were
done where the money was not accounted for in certain areas and the auditor is not
looking for that.
Page 6 of 22
City of Centerville
July 24, 2002
Council Meeting Minutes
Ms. Paulseth indicated that the auditor did comment this past year and the year before
that he was concerned with the deficit balances and that project accounting was not being
done.
Ms. Moore-Sykes indicated that she and Ms. Paulseth have been working on establishing
a procedure to ensure that this type of situation does not happen again. She then said that
in the past there was no closing procedure for developments and a lack of communication
between public works and the office staff. She further explained that Mr. Palzer will be
providing information to the City Clerk and Ms. Paul seth when a project is completed so
that Staff can review and bill the developers accordingly.
Ms. Paulseth explained that a multitude of things entered into the error from staff
turnover, to lack of training and accounting understanding as well as a lack of
communication.
Mayor Swedberg asked if both Ms. Moore-Sykes and Ms. Paulseth could assure this
Council of a written policy to ensure this never happens again. He then said that if an
audit is necessary, he would rather have the state come in and do it because he has no
confidence in Abdo, Abdo, Eick and Meyer.
Council Member Nelson said she feels that the auditors were very busy doing basic
accounting that they should not have had to do and that is why they maybe missed other
things that would have been caught. She then said she is less concerned that this will
continue to happen but what concerns her is that there have been several thousands of
dollars through the TIP audit and the deferred compensation and now this almost
$300,000 worth of errors and mismanagement or misuse of public funds.
Council Member Nelson said she is not sure what else is there that they have no clue of.
She then said that if money can be recouped for the residents she thinks it warrants
having a state audit so Council can safely and honestly say that the City did what it had to
do by having the state come in and audit and everything is fine with the books.
Council Member Broussard Vickers indicated this was found because Council hired
someone who found it.
Council Member Nelson indicated the same kinds of things could have not been billed
and the accounts zeroed out at the end ofthe year.
Mayor Swedberg commented that everyone on Council thought they were cost overruns
and, if the same thing happened to previous Council, they would have zeroed out the
accounts at the end of the year. He also commented that the accounts would have been
cleared up by transferring money out of the general fund.
Ms. Paulseth said she already knows that it has happened and knows of several funds that
have been closed out.
Page 7 of 22
City of Centerville
July 24, 2002
Council Meeting Minutes
Council Member Broussard Vickers asked if the City could bill for closed out accounts.
City Attorney Hoeft indicated the City would need to determine when the project was
completed and determine when the statute of limitations began to run to determine
whether the developers could still be billed in some ofthe older situations.
Council Member Broussard Vickers indicated the City could go back 10 years to see
what is out there that could be collected and the City would only be out staff time for the
investigation.
City Attorney Hoeft commented that the City would need to make a cost benefit analysis
to see how much the City wants to pay him to get someone to pay.
Council Member Nelson said it is not just about the money she needs to feel that she can
say the books are clean.
Council Member Broussard Vickers commented that she does not think that could ever
be said.
Ms. Paulseth said she feels it will take time to build confidence with the residents.
Council Member Capra indicated there are different types of audits that can be done. She
said she does not think the City needs a state audit at this time as she would like Staff to
inquire with the state for costs and timeframe and look at the two projects to see if there
is an issue.
Ms. Paulseth indicated that it would be very time consuming to look at all the past
developments but said that she could review two or three to see if there is an issue. She
then indicated that the auditor was under the impression that the overages were for water
main and may have gotten that information from Staff as there were some overages for
oversized water main.
Council Member Capra commented that if the auditor was not so consumed by
accounting work that he would have had an easier time conducting the audit. She then
said she is not happy with how the information was relayed and said it may be a good
idea to interview different auditing firms in the fall.
Council Member Nelson indicated she would be willing to look at these two tests but
would like to have Staff write to the state auditor to get cost and what types of audits are
available so if there are issues with the test projects Council can ask for an audit. She
then said that she feels it would be a good idea for Council to recommend a state audit
before a resident does it personally.
Council Member Broussard Vickers said she does not see how any of this would change
the statute of limitations and she does not see what will be obtained by spending more
money.
Page 8 of 22
City of Centerville
July 24, 2002
Council Meeting Minutes
Council Member Nelson indicated that it would clean out the finances.
Council Member Broussard Vickers commented that the City is already spending money
on a financial person who has the ability to look at things that are closed and has an
attorney to advise the City on the statute oflimitations.
Council Member Capra indicated the City would save money on next year's audit
because the accounting will be current. She then said she would like to run the two tests.
Motion bv Council Member Capra. seconded bv Council Member Nelson to instruct
the Finance Director to do two tests. one on Goetz Landscapin!! and one on Apple
Tree Sauare commercial developments and to brin!! a report back to Council and to
have Staff make an inauiry as to the cost and different types of audits available
throu!!h the state.
Council Member Travis asked why those two developments were being selected.
Council Member Capra explained that most of the developments reviewed were
residential and one was industrial and she would like to do two commercial to see if there
is an issue with the commercial developments.
Council Member Broussard Vickers indicated she would like to use the last few recent
developments and suggested going back chronologically to the last three so that it would
not appear that anybody was being singled out.
Council Members Capra and Nelson accepted the friendly amendment.
Mayor Swedberg said although you see numbers like this getting the process right is the
paramount issue and this cannot be replicated. He then said the City needs a clean audit
and this is the paramount job at hand to get the processes right.
VOTE: All in favor. Motion carried unanimously.
Ms. Moore-Sykes indicated she had received a call this evening from one of the owners
or principals in Centervilla and she is interested in meeting with Ms. Paulseth to discuss
some ofthe costs that they have been made aware of through the invoicing.
Council Member Nelson asked if any developers other that the Shores had paid.
Ms. Paulseth indicated she had received some calls for further information. She then
indicated that the state has a special investigations unit that conducts audit but they do not
come when there is not some evidence of criminal activity and that does not appear to be
the case so the City would be looking at a regular paid audit.
Page 9 of22
City of Centerville
July 24, 2002
Council Meeting Minutes
e
6.
Spring Lake Park Lion's Request to Operate a Raffle at Laurie LaMotte Park/Fete
des Lacs & Submission ofMN Gambling Control Board Form LG230
This item was moved to the Consent Agenda.
7. Mr. Don Colberg. 7209 Clear Ridge - Request for Funding (Stream Bed & Bank
Stabilization Program
Mayor Swedberg indicated he is asking for Rice Creek Watershed approval.
Ms. Moore-Sykes indicated that Mr. Palzer has been working on this and he submitted
the paperwork from the Watershed which is an invitation to have work done on restoring
the bank along Clearwater Creek where it abuts his property. She then indicated that Mr.
Palzer had informed her that, while the City is not required to participate monetarily in
this project, the Watershed requires City approval for the project to proceed.
Council Member Broussard Vickers asked when he needed this approval.
e
Mayor Swedberg indicated he is convinced that when Rice Creek came through and cut
out a lot of the trees along the bank it caused full bank erosion and this was caused by
Rice Creek's actions. He then said the worst thing that they can do is take out live trees
even if they are leaning over the creek because what you get is a higher speed of water
flow because there is no structure in the stream and that is undercutting the banks and he
thinks it stems from what they did.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to approve the request subiect to enf!ineerinl! approval and contributinl! no
City funds.
Mr. Peterson indicated the design seems fine as it is a slope stabilization and the way that
it is designed meets with acceptable methods. He then said he did not think the City
should pay for it.
Mayor Swedberg indicated Mr. Colberg would be paying with some assistance from Rice
Creek.
VOTE: Aves - 4. Navs - O. Abstain -l(Swedberl!). Motion carried.
8. Moreland Prooerty
Council Member Nelson indicated the City has been dealing with this property for a
number of years and asked what it would take to condemn the place. She also noted that
former Mayor Wilharber and some others had cleaned up the yard at one time.
e
City Attorney Hoeft suggested that the term condemnation not be used because that could
mean a taking ofthe property.
Page 10 of22
City of Centerville
July 24, 2002
Council Meeting Minutes
Council Member Nelson indicated she was asking to find out how to have the structure
declared not livable.
City Attorney Hoeft indicated there is a statute with regard to hazardous structures and
explained that the building official needs to look at it and make certain findings as far as
the status of the structure and whether the building official deems it to be hazardous for
whatever reason.
Council Member Nelson referred to the letter from a neighbor that references the smell of
trash and the fact that there are rodents.
City Attorney Hoeft indicated he would prepare an order for Council containing the
findings of the building official and Council would hold a public hearing and decide
whether it wants to approve the order declaring the building hazardous. The order would
then be served on the property owner and any interested parties and they would have an
opportunity to answer that in district court before a judge who would make the
determination whether to uphold the City's order. Finally, if the judge upholds the City's
order, the City would have the right to go in and raze the building and all costs, including
attorney's fees would be assessed to the property owner.
City Attorney Hoeft indicated the process is effective but it is time consuming suggesting
it could take from six to eight months to complete.
Council Member Broussard Vickers indicated there were other options and said the City
has actually hired workers to go in and clean it up. She then said that going in and
cleaning up the property and assessing the fees to the property could continue to happen
as this individual has been in this type of situation before. She then asked what would be
involved with a condemnation.
City Attorney Hoeft indicated it would be the same process that Council had authorized
for the Royal Oaks Industrial Park property. He then said that the option is available to
the City because eradicating blight is a public purpose. He further indicated that the
condemnation process is even more cumbersome than the hazardous structure process.
Council Member Broussard Vickers asked who compensates the person if the house is
leveled. She then commented that the City incurs a lot of cost and gets rid of the
structure but the land is still there and owned by the same individual.
Council Member Nelson indicated she would not like to see the City use eminent domain
unless the individual did not pay taxes then the property could be repossessed for lack of
taxes.
City Attorney Hoeft indicated he was not familiar with the property and asked if anyone
lived there. Council Member Nelson indicated that the residence is occupied.
Page 11 of 22
City ofCenterviIle
July 24, 2002
Council Meeting Minutes
City Attorney Hoeft asked if the residence is used as a homestead. Council Member
Nelson indicated that it is.
City Attorney Hoeft indicated it would be even more difficult for a judge to order the
razing of someone's homestead. He then asked if the person was elderly. Council
Member Nelson indicated that the individual is elderly.
City Attorney Hoeft indicated that all of those factors would be taken into consideration.
He then asked if anyone had talked to her about the matter.
Ms. Moore-Sykes indicated the City Clerk had been in contact with the property owner
via telephone and has been out to the property but has not been inside the home. She
then said that the individual is leery of strangers but does trust certain City Staff.
Council Member Nelson indicated the county has said that you cannot force someone to
accept help if they do not want it.
Council Member Capra indicated that trash and rodents would be a health hazard.
City Attorney Hoeft indicated the City has the authority to take certain steps to make sure
the property is not a health hazard and if that entails getting permission to get in there and
clean then the City can obtain an administrative search warrant that gives the City the
authority to go in and check on the welfare of the occupant and the status of the property
to determine if there is a health risk.
Council Member Nelson said she thinks the City needs to do that because she thinks the
inside is so packed with stuff that there is no more room inside and things are being put
outside.
Council Member Broussard Vickers asked if the City could get help from the County
Health Department ifthe home is not fit for habitation.
City Attorney Hoeft indicated the City's building official does have the authority to make
a determination of whether the structure is fit for habitation. He then said he is working
on a hazardous building action in another City but no one is living in that one.
Council Member Nelson asked how the building inspector was to obtain access to the
property. City Attorney Hoeft indicated that the building inspector could view the
property from the street or a neighboring property but the City would need to obtain an
administrative search warrant to check the inside of the home.
Council Member Broussard Vickers indicated she would like to have the property
checked inside and out and cleaned up inside and out and assess the costs to the property
because once the property is sold the City would be paid back.
Page 12 of22
City of Centerville
July 24, 2002
Council Meeting Minutes
Council Member Nelson indicated she would like to know what work has already been
done and whether it was paid for.
Mr. Wilharber indicated that three years ago City workers went onto the property and
cleaned it up and that was assessed to the taxes and then a clean up was done a number of
years before that as well.
Council Member Broussard Vickers asked if the City would be authorized to remove
things regardless of whether the individual wants them removed.
City Attorney Hoeft indicated that whenever items are removed from the property
pictures would be taken and an inventory done to limit the City's liability.
Mayor Swedberg asked ifthe interior of the home was cleaned previously.
Mr. Wilharber indicated that just the outside was cleaned.
Council Member Capra asked if anyone has seen inside of home. Council Member
Nelson indicated she has seen through the windows and things are stacked high.
Ms. Moore-Sykes indicated that Ms. Bender may have seen it a few years ago but had not
been inside recently when she was there to discuss the easement.
Council Member Broussard Vickers asked at what point during the administrative search
warrant process the City can request a social service assessment ofthe individual.
City Attorney Hoeft indicated he was not sure what the criteria are for requesting an
assessment but indicated it has been his policy to request an evaluation anytime an
administrative search warrant is used.
Council Member Broussard Vickers commented that the City may be dealing with an
incapacity in the individual that is creating this situation and she would like to try to have
that assessment made as part of this process.
City Attorney Hoeft indicated that the City can contact the County and the County will
do what they feel is appropriate.
Council Member Broussard Vickers indicated Council could ask Staff to contact the
County and explain the type of issues and complaints and indicate that the City is about
to request an administrative search warrant and request that the County conduct a social
service investigation.
City Attorney Hoeft asked if the individual has other contacts as far as family.
Council Member Nelson indicated it was her understanding from the last time that she
has a family member that does not want to get involved.
Page 13 of22
City of Centerville
July 24, 2002
Council Meeting Minutes
Mayor Swedberg asked if it was a bad idea to have a regular citizen go on the property
and start trimming things up. City Attorney Hoeft indicated that would not be a good
idea.
Council Member Capra asked whether Staff has the right to take pictures and be on the
property. City Attorney Hoeft indicated he did not know if anyone has been on the
property but said Staff should always have permission before entering onto someone's
private property if they are not on an easement.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to direct the City Attornev to Prepare an Administrative Search Warrant for
the Moreland Property.
Council Member Travis said he does not think the City has followed the proper
procedures to go to this extreme.
Council Member Capra indicated Council would be voting to look at it.
Council Member Travis indicated the property is not a good situation but he thinks this is
jumping too far ahead.
Council Member Broussard Vickers commented that the City has been in there two times
and she is not altogether certain that requesting a clean up by the individual would be
effective.
Council Member Travis said that, procedurally, he thinks the City should do that. He
then asked if she had been notified of any code violations.
Council Member Nelson asked ifthere is a file on this property.
Ms. Moore-Sykes indicated that every property in town has a file but she is not sure what
documentation there is.
Mayor Swedberg asked if there is any belief that the person is not alive. Council
Member Nelson indicated she is alive. Ms. Moore-Sykes indicated there has been recent
contact.
Council Member Travis said he thinks this is too extreme to start with and he does not
think the City is following the proper procedure.
Council Member Capra indicated she agreed but has not been through the history so
would like to know what notices have been sent and what has been done. She then said
that she would be willing to vote on starting the process and not doing the search warrant
right now.
Page 14 of22
City of Centerville
July 24, 2002
Council Meeting Minutes
Council Member Broussard Vickers suggested having a Staff person send a letter that
states all of the violations and indicate that the resident needs to respond to the City. The
property does not have to be completely cleaned up by the next meeting, but she must
respond to the City by the next Council meeting or the City will proceed with the
administrative search warrant.
Council Member Nelson said she feels the City has already done all of these things. She
then said this has been going on for years and this is driving the neighbors crazy because
of the smell and the rodents and one neighbor has had to spend thousands of dollars to
keep her own property safe and she would be angry if she lived near this because it seems
that Council continues to do nothing.
Council Member Broussard Vickers indicated she was willing to give it two more weeks
and then said she wants the letter to social services to be sent right away.
Council Member Broussard Vickers withdrew her motion and Council Member Nelson
withdrew her second.
City Attorney Hoeft clarified that the City Administrator would be contacting Anoka
County and the property owner to outline the issues and Council will determine at the
next meeting whether to proceed with the administrative search warrant.
Council Member Nelson asked for information as to what is in the file.
Mr. Wilharber suggested that someone go get the file because there was a court
proceeding when he was the Mayor but he does not remember the outcome.
City Attorney Hoeft indicated he remembered that the property went through the process
but said he did not remember the outcome.
Council Member Broussard Vickers asked City Attorney Hoeft to look up at his office
what had happened.
Staff retrieved the file from the office and City Attorney Hoeft reviewed it.
City Attorney Hoeft indicated that this goes back to 1984 when the then City Attorney
drafted a letter about it. He also indicated there was a building permit in October of 1999
for a roof and notices were sent out and $4,400 assessed to the property for clean up and
repair due to substandard conditions with faulty weather protection and an unsanitary
premises. He further indicated it appears there was no conclusion as the matter continues
from year to year.
Council Member Nelson said she thinks that is how it happened as incidents came up it
was taken care of but there was not a process to produce a final outcome.
Page 15 of22
City of Centerville
July 24, 2002
Council Meeting Minutes
Motion bv Council Member Nelson. seconded bv Council Member Capra to direct
Staff to work with the City Attornev to bel!.in the hazardous buildinl!. process
internally and externallY on the property at 1540 Peltier Lake Drive and direct Staff
to contact Anoka County Social Services.
Council Member Capra asked if this process is different than the search warrant. City
Attorney Hoeft indicated that it would be in conjunction with the administrative search
warrant process.
Council Member Capra asked whether there would be notice given or if the process
would begin immediately.
City Attorney Hoeft indicated there are a couple of informal steps that can be taken with
regard to working with the property owner before the official process would begin.
Council Member Capra seconded the motion but requested a friendly amendment to
require that Staff contact Anoka County Social Services for an assessment of the
individual.
City Attorney Hoeft said it was fine to add that requirement to the motion but said he
does that as part of the normal process.
Council Member Broussard Vickers said she thinks the odds of having an elderly
woman's home razed are slim and none.
Council Member Nelson said she would like to have a process that goes on and deals
with the situation.
Council Member Capra said that the City does not know the situation with the individual
and a social services evaluation could provide information on the situation.
Council Member Broussard Vickers indicated that the County mayor may not evaluate
the individual and would not be telling the City of its findings.
Council Member Travis said he thinks this is too harsh.
Mayor Swedberg commented that the process could be stopped at any time. City
Attorney Hoeft confirmed that the process may be stopped at any time by the City.
Council Member Capra said the situation could be hazardous and she does not believe
this is out ofline.
Council Member Nelson said she wants to be as kind as possible to the individual but
something needs to be done for the community.
VOTE: Aves - 3. Navs - 2(Broussard Vickers/Travis). Motion carried.
Page 16 of22
City of Centerville
July 24, 2002
Council Meeting Minutes
9. W orkshoo Calendars
Mayor Swedberg indicated that Council has a lot of issues coming up with the liquor
ordinance, budgets and personnel policy as well as the flexible benefits issue. He then
indicated he had provided a schedule of workshops to allow Council adequate time to
discuss and deal with the issues. He further stated that what he would like to do is
schedule workshops through August, September and October on Monday evenings for
members that wish to come and discuss these matters so that they do not take so much
time at Council meetings.
Mayor Swedberg said he would propose that the City work on its fixed costs up front and
move on from there with the budgeting process.
Mayor Swedberg indicated the City would need to adopt the budget at its September 11,
2002 Council meeting because the deadline to adopt the budget is September 15,2002.
Council Member Capra asked if the City needed something from the County. Ms.
Paulseth indicated the City would have the net tax capacity figures by the first week in
September.
Mayor Swedberg commented that the levy limit is still there. Ms. Paulseth indicated it
would not increase by more than 3%.
Council Member Capra asked ifpublic hearings were needed on the personnel policy.
Council Member Broussard Vickers said she would be in agreement to start with the
August meetings but does not want to commit to September and October as she does not
feel this many workshops are needed because they cost money and she wants to avoid
them if possible. She then said that the question would be that the very people that are
developing the personnel policy are going to be the ones Council is putting all the budget
demands on and she is not willing to commit to September and October. She further
commented that there was more than one workshop scheduled for some of the items that
she feels should be able to be handed in one.
Mayor Swedberg said he wanted to schedule the workshops out and said, he hereby, by
the authority of the Mayor, is calling these workshops and Members can be here if they
want to be and if it does not fit into schedules then they do not have to be.
Council Member Capra said she would be fine with August but said she is not sure where
she will be in September. She also indicated she would like to cancel the workshops if
they are not needed.
Council Member Broussard Vickers indicated there are costs involved with scheduling
workshops for public meeting notice.
Page 17 of22
City of Centerville
July 24, 2002
Council Meeting Minutes
Mayor Swedberg began to say that he would forego the costs and then told Council
Member Broussard Vickers that she would not interrupt him while he is speaking and
continued to say that it is far more costly to have the items discussed during a regular
Council meeting as they are televised than it is to have a workshop.
Council Member Broussard Vickers commented that the Mayor could not forego costs as
he had suggested.
VI. CONSENT AGENDA
1. The City of Centerville July 11, 2002 through July 24, 2002 Claims for Approval
2. Centennial Fire District July 8, 2002 Claims
3. Centennial Fire District July 17,2002 Claims
4. Centennial Fire District Quarterly Claim
5. Successful Completion of Performance Review and Grade 3, Step 2 Pay Increase
to Grade 3, Step 3 (Account Clerk II)
6. Resolution #02-026 - St. Genevieve's Temporary/Event (Chicken Dinner)
7. Resolution #02-027 - Centerville Lion's Temporary/Event (Fete des Lacs)
8. Resolution #02-028 - Centerville Lion's Temporary/Event (Softball Tourney)
9. Resolution #02-029 - Spring Lake Park Lion's Raffle Event
10. Resolution #02-030 - Centerville Lions Temporary/Event Bingo
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to approve the Consent Al!:enda as presented. All in favor. Motion carried
unanimouslv.
VII. APPROVAL OF COUNCIL MINUTES
1. June 17.2002 Special Council Meeting Minutes
2. June 26. 2002 Council Meeting Minutes
3. Julv 10. 2002 Council Meeting Minutes
Motion bv Council Member Capra. seconded bv Council Member Travis to approve
the June 17. 2002 Special Council Meetiol!: Minutes as presented. Aves - 3. Navs -
l(Broussard Vickers). Abstain -1 (Nelson). Motion carried.
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to approve the June 26. 2002 Council Meetinl!: Minutes as presented. Aves-
4. Navs - O. Abstain - l(Capra). Motion carried.
Council Member Capra requested the following changes: On Page 13 add the word "is".
On Page 25 change "than" to "that". On Page 29 change Planning and Zoning to Park
and Recreation. On Page 31 change "sand" to "Parks and".
Page 18 of22
City of Centerville
July 24, 2002
Council Meeting Minutes
Motion bv Council Member Capra. seconded bv Council Member Nelson to
approve the Julv 10. 2002 Council Meetin2 Minutes as amended. All in favor.
Motion carried unanimouslv.
VIII. ANNOUNCEMENTS/uPDATES
Ms. Moore-Sykes indicated she had received a request to reserve the skate park during
hours when the skate park is not open to the public. She then asked if Council would like
her to present the request to the Park and Recreation Committee for a recommendation.
Council Member Broussard Vickers indicated she would like to know whether the City's
insurance coverage was adequate for having private parties rent the City equipment.
City Attorney Hoeft indicated he did not think it would be an issue but suggested calling
the League of Minnesota Cities to find out.
Ms. Moore-Sykes indicated that the person reserving the park would be responsible for a
fee to use the park and to pay the attendant.
It was the consent of Council to present the request to the Parks and Recreation
Committee.
Ms. Moore-Sykes indicated that the new sign had been installed at Comer Express.
Council Member Capra asked for an update on the water issue on Quebec Street. Mr.
Peterson indicated he was out there tonight and took some readings. He then said he
would need to analyze the information but, preliminarily, it seems that it would be
possible to run a shallow storm sewer with fingers of drain tile to pick up the water.
Council Member Capra asked for an update on the Mound Trail runoff issue that was
raised by Mr. Thill. Mr. Peterson indicated he and Mr. Palzer looked at it and there was
water in the ditch and they did not think that silt fencing was necessary. He also
indicated it is a long run through the highway ditch before the water reaches the lake.
Council Member Nelson asked if silt fencing is required. Mr. Peterson indicated there
were a couple of places where water sits that could use a hay bale but Staff did not see
the need for silt fencing.
Council Member Nelson asked Staff to contact Mr. Thill to indicate the resolution of the
matter.
Council Member Capra indicated that there is an issue with Staff with regard to
anonymous complaints and then asked if the City can accept anonymous complaints and
what the responsibilities of Staff are with regard to them. City Attorney Hoeft indicated
that residents do not have to give their name and how the City responds is a matter of
policy.
Page 19 of22
City of CentervilJe
July 24, 2002
Council Meeting Minutes
Council Member Capra commented that the City does not have a policy. Ms. Moore-
Sykes indicates the policy changes based on the philosophy of the Council at the time.
Council Member Broussard Vickers indicated there should be a minimal investigation
and based on Staff determination make a recommendation as to whether there is enough
merit to continue.
Council Member Capra asked if Staff has the right to take photographs of properties to
investigate. City Attorney Hoeft indicated that anyone could take a photograph but if
told to leave the property they need to leave.
Council Member Broussard Vickers indicated the City does not have Staff going onto
property uninvited.
Council Member Nelson asked whether Council's directive to Parks and Recreation
concerning the concession stand was sent. Ms. Moore-Sykes indicated that all were sent
but for the one that she only had an e-mail address for so that one was e-mailed.
Council Member Nelson asked for an update on the Eagle Pass pond issue. Ms. Moore-
Sykes indicated she was not sure what had been done on the issue as Mr. Palzer is on
vacation. Mr. Peterson indicated that the Eagle Pass Subdivision is proceeding but he is
not sure on the status of the pond. Council Member Broussard Vickers indicated that the
developer has stopped pumping water from basements into the pond.
Council Member Nelson asked for an update on the Hunter's Crossing trail issue that was
raised by Mr. Wilharber. Ms. Moore-Sykes indicated she had spoken to the public works
Staff about that and Mr. Palzer indicated he would be contacting the County concerning
the trail but said not much can be done because it is a county road.
Council Member Nelson indicated that Council had asked Staff on July 10, 2002 to check
with the church to see if they want the road barricaded permanently. Ms. Moore-Sykes
indicated that the church had asked to have it barricaded for the chicken dinner but she
had not had a request to do so permanently.
Council Member Nelson asked Staff to contact the church and tell them that if they want
the permanent barricade they need to do a formal request.
Council Member Nelson asked for an update on the Sensus water meter installation. Ms.
Moore-Sykes indicated that the City has the software and it needs to be installed on the
new computers.
Council Member Capra indicated she would like to have an update as to when Staff
thinks the software will be up and running because that would be a consideration during
the budgeting process.
Page 20 of 22
City of Centerville
July 24,2002
Council Meeting Minutes
Council Member Broussard Vickers commented that the City was going to hire a public
works person to do this and Council took away that money.
Ms. Moore-Sykes indicated she had spoken to the City Clerk and the Public Works
Director and it is a matter of coordinating schedules to get everyone to training. She then
said she would keep this item on her list to stay on top of it but said she cannot give a
timeline for completion.
Council Member Capra asked Staff to look into how much time the Staff spends folding
utility bills because she would like to look into purchasing some equipment that would do
the folding and compare the cost of the machinery with the Staff savings.
Council Member Nelson said she thought the City had volunteer senior citizens for that at
one time.
Mr. Wilharber suggested contacting Mary Jane Lang to see if she would be interested in
volunteering to fold utility bills.
Council Member Nelson asked for an update on the Rob Sheppard flooding issue that he
had brought to Council. Council Member Travis indicated the outlet was finished this
weekend and it was low but it has been done to satisfy the watershed anyway.
Council Member Nelson asked for an update on the skate park. Council Member
Broussard Vickers indicated that there had been no reports of problems at the skate park.
Ms. Moore-Sykes indicated there have been no complaints from the neighbors.
Council Member Nelson asked whether the City had let the resident know that the City
had looked into credit card payments and determined not to proceed with it. Ms. Moore-
Sykes indicated she had spoken to Circle Pines concerning it and that City absorbs the
costs to have credit card payments because it would not be cost effective to charge it back
to the residents. She then said that City sends out bills every month.
Council Member Nelson asked for an update on the deed for the property at 1601
LaMotte Road. Ms. Moore-Sykes indicated she had received a call from Mr. Tschida the
day after the last Council meeting to ask if Council was interested in purchasing the
property and she told him that it would depend upon the price. She then indicated that he
had told her that the appraisal process was not completed. She further indicated that Staff
is continuing to research the deed and provide a report back to Council.
Council Member Nelson asked if Ms. Moore-Sykes had said the City was interested in
finding out the costs. Ms. Moore-Sykes said she had told Mr. Tschida that the City was
interested and he will get back to her on price.
Council Member Nelson asked when the City would receive the 2001 new audit report to
include the $109,000 transfer. Ms. Moore-Sykes indicated that Ms. Paul seth is working
on the audit report.
Page 21 of22
;
City of Centerville
July 24, 2002
Council Meeting Minutes
Council Member Nelson asked for an update on the feasibility report for 21st Avenue.
She also asked whether Staff had informed Lino Lakes that the City intended to follow its
timeline. Mr. Peterson indicated he had not received anything yet. Ms. Moore-Sykes
indicated she had informed Lino Lakes that the City intended to follow its timeline.
Council Member Nelson asked if Staff had talked to Lloyd Drilling to make sure he fixes
the trail on the other side as promised. Ms. Moore-Sykes indicated he had been doing a
lot of work on the new development until it rained.
Council Member Nelson asked Staff to remind him about the trail on the other side.
Council Member Capra asked why there is no sod on either one of those properties.
Council Member Travis indicated there is no irrigation to maintain it.
Council Member Capra indicated the strip along Peterson Trail was just weeds. Ms.
Moore-Sykes indicated it was seeded to keep erosion down.
Council Member Nelson asked for an update as to when the website would be done. Ms.
Moore-Sykes indicated that she sees work being done on it but there is no timeframe.
Ms. Moore-Sykes indicated that a letter was sent to the Lions Branch Club concerning
proceeds as requested.
IX. ADJOURNMENT
Motion bv Council Member Capra. seconded bv Council Member Nelson to adiourn
the Julv 24. 2002 City Council Meeting at 8:37 p.m. All in favor. Motion carried
unanimouslv.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 22 of 22
. '~
CITY OF CENTERVILLE
CITY COUNCIL WORKSESSION MEETING
August 12,2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held a Work Session on August
12, 2002, at City Hall, 1880 Main Street.
ABSENT:
Council Member Dick Travis
nt7@@
~~~~@W
PRESENT:
Mayor Tim Swedberg
Council Member Mari Nelson
Council Member Linda Broussard Vickers
Council Member Capra
STAFF:
City Administrator, Ms. Moore-Sykes
Finance Director, Ms. Ellen Paulseth
I. CALL TO ORDER
Mayor Swedberg called the August 12,2002, Work Session to order at 6:40 p.m.
II. SET AGENDA
III. AWARDS/PRESENTATIONS/APPEARANCES
IV. PUBLIC HEARING(S)
None.
V. COUNCIL BUSINESS
1. 2003 Budget
Council discussed the following issues:
. Tax Levy
. Staff
. Salaries & Benefits
. State Aid
. Miscellaneous
. Capital Improvements
. Enterprise
~
. ..
City ofCenterville
August 12, 2002
Council Work Session Meeting Minutes
VI.
CONSENT AGENDA
VII.
APPROVAL OF COUNCIL MINUTES
VIII. ANNOUNCEMENTSIUPDATES
IX. ADJOURNMENT
Mayor Swedberg adjourned the Work Session meeting at 8:15 p.m.
c......~)~
Teresa Bender, City Clerk
Page 2 of21
.~
CITY OF CENTERVILLE
CITY COUNCIL WORKSESSION MEETING
August 19, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held a Work Session on August
19,2002, at City Hall, 1880 Main Street.
ABSENT:
Council Member Dick Travis
lIf7@@
~~~~@\Y
PRESENT:
Mayor Tim Swedberg
Council Member Marl Nelson
Council Member Linda Broussard Vickers
Council Member Capra
STAFF:
City Administrator, Ms. Moore-Sykes
Finance Director, Ms. Ellen Paulseth
I. CALL TO ORDER
Mayor Swedberg called the August 19,2002, Work Session to order at 6:32 p.m.
II. SET AGENDA
III. A W ARDS/PRESENTA TIONS/APPEARANCES
IV. PUBLIC HEARING(S)
None.
V. COUNCIL BUSINESS
I. 2003 Budget
Council discussed the following issues:
. Tax Levy
. Staff Increases
. Administration of Enterprise Funds
. State Aid
. Miscellaneous
. Capital Improvements
. Fire Protection
. Capital Outlay
,
City of Centerville
August 19,2002
Council Work Session Meeting Minutes
. Enterprise
VI. CONSENT AGENDA
VII. APPROVAL OF COUNCIL MINUTES
VIII. ANNOUNCEMENTS/uPDATES
IX. ADJOURNMENT
Mayor Swedberg adjourned the Work Session meeting at 8:35 p.m.
. 'Tt{~ );6"A/~
Teresa Bender, City Clerk
Page 2 of21
CITY OF CENTERVILLE
CITY COUNCIL MEETING
August 14, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on August 14, 2002, at City Hall, 1880 Main Street.
PRESENT:
Mayor Tim Swedberg
Council Member Dick Travis
Council Member Mari Nelson
Council Member Linda Broussard Vickers
Council Member Capra
\117@@
~~~~@W
ABSENT:
None.
STAFF:
City Administrator, Ms. Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
I. CALL TO ORDER
Mayor Swedberg called the August 14,2002, City Council meeting to order at 6:33 p.m.
II. SET AGENDA
Council Member Nelson requested that the audit be removed from the Consent Agenda
and added under Council Business.
Ms. Moore-Sykes indicated there were some technical issues with Ordinance #4 and
asked whether Council wished to remove it from the Consent Agenda.
Mayor Swedberg indicated Ordinance #4 should stay on the agenda and noted he would
explain the matter when it is approved.
Motion bv Council Member Nelson. seconded bv Council Member Travis to
approve the al!enda as presented. All in favor. Motion carried unanimouslv.
III. A W ARDS/PRESENTATIONS/ APPEARANCES
1. Mr. Milo Bennett (Centennial Lakes Fire Department Budget - 2003)
City of Centerville
August 14,2002
Council Meeting Minutes
Milo Bennett addressed council and presented the 2003 budget for the Centennial Lakes
Fire Department. He then indicated that the 2003 budget increased 5.6% over the 2002
budget. He further explained that the largest increase comes with payroll and benefits.
Fire Chief Bennett indicated the department made a significant reduction in the early 90's
in the vehicle maintenance category but those numbers are slowly creeping up again.
Fire Chief Bennett indicated they had hired a full time inspector which accounts for the
5.6% increase and noted the Centerville portion would be $81,620 versus $76,000 last
year. He also explained that Centerville pays 12.6% of the overall fire district budget and
that is based on run experience and population.
Fire Chief Bennett indicated that the cost per person for the Fire Department is $24.50
per $100,000 valuation.
Council Member Nelson thanked Chief Bennett for the report.
Motion by Council Member Nelson. seconded by Council Member Broussard
Vickers to approve the 2003 budl!et for the Centennial Lakes Fire Department. All
in favor. Motion carried unanimously.
Mayor Swedberg thanked Chief Bennett for his service to the City.
Chief Bennett indicated he had placed information on the desk regarding safety camp and
noted that of the 102 children registered 98 attended.
2. Mr. Mark Pangell, 7029 Eagle Trail (Drainage Issues)
Mr. Mark Pangell of 7029 Eagle Trail provided a letter to Council and then read parts of
it.
Mr. Pangell indicated that the drainage in his yard has been seriously and adversely
affected by the townhomes that were constructed on the adjoining property. He also
commented that there was no silt fence in place during construction and the silt has filled
in the drainage area and there is now a lake effect when it rains. He then indicated that
City Public Works had been out there and has said it is at 1 % but he does not feel that the
grade is at 1 % and he is worried that the standing water and wet conditions will
compromise his foundation.
Mr. Pangell said he was there to ask the Council to have someone come out to assess the
situation and see if the drainage is designed correctly and how it could be corrected to get
the water flowing to the controlled drainage pond.
Council Member Capra asked if the water stays or drains. Mr. Pangell indicated that it
eventually dissipates but stands for a long time. He then said he was hoping the City
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City of Centerville
August 14,2002
Council Meeting Minutes
could authorize someone to come out and assess the problem and get it taken care of
within 30 days.
Council Member Capra asked if Mr. Peterson looked at this property. Mr. Peterson
indicated that he had not been in the back yard but City Staff shot the ditch and said it is
1 % which is a little flat but falls within the normal specifications for the slope.
Council Member Nelson asked if this was the same issue as the Eagle Pass Pond. Mr.
Peterson indicated it was two different ponds.
Mr. Steven St. George of 1861 Pioneer Lane played a videotape taken on July 28,2002
immediately after a storm. He then asked if the ditch was surveyed this year or last year.
Mr. Palzer indicated it was done in May of this year.
Mr. St. George indicated it was done before the townhomes had sod installed.
Mr. Peterson indicated that any erosion caused by the construction could be removed but
said the grade itself cannot be altered much. He then explained that the water flows
down to the pond and out through a system of pipes and eventually ends up in Clear
Water Creek.
Mr. Greg Noner of 1855 Pioneer Lane indicated he had come to show support for his
neighbors. He then said he had called Mr. Cook because Swift has not finished the
landscaping behind the houses and then spoke to Carrie from Swift who assured him that
it would be done next week.
Mr. Noner indicated that he had asked Mr. Cook when the grade was last shot and was
told it was done last fall and was also told that Staff cannot come out every 30 days to
shoot the ditch. He then said that the area was eroding all spring and summer and has
obviously affected the 1 % grade.
Mr. Noner said he felt the City needed to shoot the grade to see if the 1 % was affected
and Staff has said that it cannot do so without direction from Council. He then said that
he feels that Swift should be held accountable for the problem.
Mr. Robert Dolner of 7031 Eagle Trail indicated he receives the residual from the
ponding as he is directly behind the elevation in question. He then said that the grade
behind his property has been lifted more than 30 inches within 8 feet of his property and
the drainage area changed from 5 feet wide. He further indicated that he is a civil
engineer for Dakota County and it is a negative grade in that location.
Mr. Dolner indicated he felt Gorham and/or Swift should be held responsible for the
problem. He also indicated he would question the setback to the easement.
Mr. Dolner indicated that when he installed his fence he had three inches of clearance
under it and now the fence has soil and grass growth up 4 inches. He then indicated that
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City of Centerville
August 14,2002
Council Meeting Minutes
you can see that there is no erosion control based on the muddy water. He also said that
the grade has been lifted by eight inches and a 1 % grade is minimum, not typical.
Mr. Dolner indicated he would like to see Swift bring a few guys with a bobcat to the
area to clean out the easement and fix the grade. He then said that it is very frustrating to
have City workers come out, walk the fence line and leave without shooting it.
Council Member Travis asked if the pond is low enough. Mr. Dolner indicated that the
grade starts out at about 1 % but because of erosion has to climb to get up and over and
then down to the pond. He then said that Swift impeded the cubic feet of water or the
flow part ofthe grade behind the fence line and it needs to be examined.
Council Member Capra asked if Mr. Dolner had lived there since 1998. Mr. DoIner
indicated that he had. He then said that during rainy times the water used to flow better
and sometimes there was a small ponding area but that has gotten much worse since the
townhomes were built. He then said the townhomes are 9.5 feet off of the property line
and have a large roofline with no erosion control and it has filled in the easement.
Mr. Dolner indicated he had put railroad ties in around the base of his fence. He then
said that if the City cannot help him with this issue he intends to raise the grade of his
property 10 inches to solve the problem. He further explained that his wife runs a
daycare out of the home and the County is involved because the backyard is unsafe for
children.
Mr. DoIner indicated that every lot is graded differently by three or four inches. He then
indicated that there was to be a natural barrier along the fence line because it is 33 feet
house to house and he was okay with that because of the foliage and pines but those were
bulldozed. He further explained that he had gone through the whole process of getting
that row of pines put back in but Swift is not willing to discuss the grading issues.
Mr. Dolner suggested that the trees be picked up and the easement area cleaned out. He
then said that he knows there are ordinances against changing the grade of your property
but said he will make his backyard livable for the daycare kids.
Mayor Swedberg indicated he had been out to the location and said there was substantial
water out there that backed up almost out to Eagle Trail. He then said that it seems that
the whole thing compresses down to a bottleneck area where the water is not flowing. He
further indicated that the easement area was wider before and asked City Attorney Hoeft
how the City should proceed.
City Hoeft indicated the City is not sure what the problem is and has no information that
tells him what the situation is. He then suggested that the City determine what exactly
the problem is before attempting to assist the residents with holding Swift accountable.
Page 4 of2l
City of Centerville
August 14,2002
Council Meeting Minutes
Council asked Mr. Dolner to shoot the elevations and provide the information to the City
Administrator and then asked the City Administrator to work with the City Engineer on
the matter.
Council Member Broussard Vickers suggested that the engineer should contact the
developer if he finds that there is something that should not be that was caused by the
development.
Mayor Swedberg told the residents that staff would work on it and, if necessary, it would
be on the next agenda.
3. Mr. Glen Powers. 1870 Ouebec Street
Ms. Moore-Sykes indicated that Mr. Glenn Powers would like to address Council.
Mr. Glen Powers of 1870 Quebec Street indicated he knew that the City had come out
and shot elevations but said he had not heard anything yet. Mr. Peterson indicated he was
working on it right now and has some plans to send out to Roso contracting for a quote
and he will have that for the next meeting. He then explained that the plan is to run a
pipe with a catch basin and the residents can run a drain tile into that pipe.
Mr. Powers asked if the City would be bringing up the grade. Mr. Peterson indicated
there was no plan to bring up the grade.
Mr. Powers indicated he had put in 18 yards of dirt and it all washed away. Mr. Peterson
indicated it would take a major undertaking to fill in the area.
Council Member Capra indicated that putting the catch basin in would hold the water
rather than having it flow and wash away the dirt. Mr. Peterson indicated that the low
spots of the yard could have drain tile installed to drain to the storm sewer.
Mr. Powers said he feels the City needs to bring up the grade to 1 % as per Ordinance 8
and that would mean the City would need to haul in fill.
Council Member Travis asked where the grade is not 1 %. Mr. Palzer indicated the last
three lots on Quebec Street are not at 1 %.
Ms. Mary Mathison of 1874 Quebec Street indicated that the water washes across the
middle of the backyard and then out to the street.
Mr. Powers indicated that the homes behind him flow to his yard and his sump pump
runs 24 hours a day.
Council Member Broussard Vickers asked how long the residents had lived in their
homes. Mr. Powers indicated he had been there since July of 1996 and Ms. Mathison
said she had lived there since May of 1996. Ms. Mathison then indicated that multiple
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City of Cenlerville
August 14,2002
Council Meeting Minutes
loads of dirt were removed from the location that should not have been and suggested
that Rehbein excavating be held accountable.
Mr. Peterson indicated that the grading plan shows the drainage the way it is occurring
but the elevation is flatter than it was supposed to be.
Ms. Mathison indicated that she sodded her backyard right away and that would have
prevented erosion from her yard and would have caught any erosion from Mr. Powers
yard.
Council Member Nelson indicated she lives on 73rd and her backyard stays spongy wet
and then commented that the City is built in the swamps.
Council Member Capra indicated she would like to see the engineer and public works
work with the two property owners.
Mr. Peterson said he feels the drain tile will help. Ms. Mathison indicated she would be
happy if there was no more standing water.
Mr. Powers asked if Roso was picking up the costs. Mr. Peterson indicated the City
would pay for the catch basin and manholes.
IV. PUBLIC HEARING(S)
None.
V. COUNCIL BUSINESS
1. Pheasant Marsh Phase II Developer's Agreement
Ms. Moore-Sykes indicated that Staff had faxed to the developer the agreement of
assessment and waiver of irregularity and appeal.
Council Member Nelson asked if Pheasant Marsh was one of the accounts that had
outstanding capital funds. Ms. Paulseth indicated that there was not a problem with that
project as it was a 429 and there are enough bond funds to cover the amounts.
City Attorney Hoeft indicated that he had drafted the proposed development contract for
Phase II mirroring the Phase I development contract. He then explained that the private
improvements are different and noted the numbers were provided by Mr. Palzer and he
has no reason to doubt them but has not confirmed them.
Council Member Broussard Vickers asked if the trail and the building of it is in the
document. City Attorney Hoeft indicated that would be under the 429 Section.
Page 6 of21
City of Centerville
August 14, 2002
Council Meeting Minutes
Mr. Palzer indicated he had gone over the numbers and met with Mr. Runkle and is
satisfied with them.
City Attorney Hoeft noted that 150% of the retainage amount would be required with this
contract as it was with Phase I.
City Attorney Hoeft indicated that the figure on Page 5 for improvements is $462,881.05.
Mr. Palzer indicated that number was obtained from the contract for the improvements.
Mr. Runkle indicated the number was from the bids and is correct.
City Attorney Hoeft indicated that Mr. Runkle has said that the principal of Ground
Development will execute the waiver of objection and right of appeal to that dollar
amount as soon as he is available.
City Attorney Hoeft indicated the park dedication fee had been calculated to be $54,000
and the storm water fee is $13,058. Mr. Palzer indicated he had generated the figure for
the storm water fee.
Mr. Runkle indicated he was trying to verify that number but thinks it should be real
close. City Attorney Hoeft explained that the storm water fee is not negotiable.
City Attorney Hoeft indicated the liability insurance requirements have not changed.
Council Member Capra asked if the driveways were in the agreement. Council Member
Travis indicated that the driveways are in there.
City Attorney Hoeft indicated that the agreement requires the developer to comply with
whatever erosion control methods the City requires.
Council Member Capra said she thought there was to be two feet of sod. Council
Member Travis indicated the sod would not grow as there would not be anyone to
maintain it. Ms. Moore-Sykes indicated that there would be silt fencing and a gravel
driveway for each lot.
Motion by Council Member Travis, seconded by Council Member Nelson to
approve the development contract for Pheasant Marsh Phase II contine:ent upon the
developer sie:nine: an ae:reement of assessment and waiver of irree:ularitv and appeal
for the amount of $462,881.05 and the verification of the storm water fee
calculation.
Council Member Capra commented that the agreement received bye-mail was different
than what was received tonight. City Attorney Hoeft indicated there was more
information in the one provided at the meeting.
VOTE: Ayes - 4, Navs - 0, Abstain -l(Broussard Vickers). Motion carried.
Page 7 of21
City of Centerville
August 14,2002
Council Meeting Minutes
2. Dead Broke Charitable Gambling Renewal (Trio Inn & Wiseguvs Pizza)
Mark Larson appeared before Council to ask for a renewal of the charitable gambling
licenses.
Council Member Capra indicated she had a question on disbursements to the Minnesota
High School Rodeo Association as she thought that the ordinance required that the
disbursements be within the trade area.
Mr. Larson indicated that the money given to that organization comes out of their 50%
not the City's 50%. He then indicated he is operating four sites, two in this City, one site
in Hugo and one in Lino Lakes.
Council Member Broussard Vickers indicated that the Park and Recreation Committee
would like to apply for funds but has not gotten a return call from anyone explaining how
to do that. Ms. Moore-Sykes indicated she had spoken to Mr. Larson earlier and he had
said that a letter should be sent detailing the project, the requested amount, and the date
the funds will be needed. She then indicated she had relayed that information to the
Committee.
Motion bv Council Member Broussard Vickers. seconded bv Mavor Swedber2 to
approve the renewal as presented. All in favor. Motion carried unanimouslv.
Mayor Swedberg asked if there were others in the audience who needed to speak before
Council. Ms. Helmbrecht asked if the county engineer would be speaking at this
meeting.
Council Member Nelson indicated the county engineer would be present at the August
28, 2002 meeting.
Ms. Moore-Sykes indicated there would be town hall meetings scheduled for those
interested.
3. 1540 Peltier Lake Drive
Ms. Elizabeth Wagner of 1525 Peltier Lake Drive addressed Council and indicated she
lives across from the Moreland property and would like the City to consider having
exterminators or trappers on the premises when the clean up begins because last time rats
were dispersed during the clean up and ended up in her yard. She then indicated that she
is dangerously allergic to bees and has been told by Ms. Moreland that the garage is full
of bee's nests. She further indicated she would like to be informed by the City when that
garage is going to be disturbed because she does not want to get caught outside and get
stung.
Ms. Donna Germaine of 1548 Peltier Lake Drive indicated she lives right next door to
the Moreland residence and had decided it was time to submit a written complaint
Page 8 of21
City of Centerville
August 14,2002
Council Meeting Minutes
because things were getting so bad. She then said that the stench and trash flow over
onto her property and she would like an update on how things are progressing.
City Attorney Hoeft indicated Council had given him direction to begin the process of
preparing an administrative search warrant to allow access to the home and property to
determine what the hazards are. He then explained that, based on what is found, the
process may turn into a hazardous building declaration. He further explained that he is
not sure ifthe building official, Fire Chief, or Police Chief will be signing the application
but he will finalize the application very soon and submit it to the courts.
Council Member Nelson asked if Staff would be able to notify Elizabeth Wagner of when
anything is going to be done at the property that would disturb the bees so that she could
make sure she is indoors.
City Attorney Hoeft indicated that once the search warrant is obtained officials will go
onto the property and into the residence to determine what needs to be done so he would
not anticipate anything happening immediately. He then indicated that the Fire
Department, Police Department and the Building Official will determine whether there
are any circumstances that pose a health or safety issue for the resident or the neighbors
and proceed from there.
Council Member Broussard Vickers asked if the City contacted Anoka County and
whether the County will be assisting the resident. Ms. Moore-Sykes indicated she
contacted Anoka County and was told the County is familiar with the situation but cannot
go in and assist ifthe resident refuses help. She then indicated she had contacted the state
to see if there was anyone who could help and was referred to the County.
City Attorney Hoeft indicated he would be contacting Anoka County before entering the
property to ask that they have someone present.
Council Member Broussard Vickers asked if the City would be violating any privacy
laws if, as the process moves along, the City does mailings to keep the adjoining property
owners informed of what is going to be happening.
City Attorney Hoeft indicated the City could send mailings to the adjoining property
owners' as the information is public. He then cautioned that opinions should be left out
ofthe matter and factual information relayed.
Council Member Broussard Vickers said she would like communication kept up with the
neighbors and she felt a mailing would save time for Staff rather than telephoning each
resident.
City Attorney Hoeft indicated the City could notify residents when something will
happen at the property. He then commented that, based on information received, it
appears that an independent contractor may be necessary to come in and do considerable
clean up.
Page 9 of2l
City of Centerville
August 14,2002
Council Meeting Minutes
Council Member Nelson indicated she was not as concerned about letting everyone know
but is very concerned about the resident that has asked to be notified of activity due to her
allergy to bees. She then said that she would like that resident called and informed of
when the clean up is going to begin.
City Attorney Hoeft indicated there may be a situation that, after seeing the inside of the
building, the City may have to set up a perimeter for rodent control to prevent the spread
to other areas.
Mayor Swedberg asked if Ms. Moreland would be at the "property when the City goes in.
City Attorney Hoeft indicated that, if she is there, the warrant from the Court will be
presented and permission sought to enter the property. Ifthat is not given, they will enter
the property without permission with the assistance of the police whether or not the
resident wants to let them in.
Council Member Broussard Vickers asked if there is an ombudsman servIce for
vulnerable adults to act on her behalf when the City goes into her home.
Ms. Moore-Sykes indicated that when she talked to the state she spoke to the Department
of Aging and was told that they did not know of anyone that could assist other than the
County.
Council Member Broussard Vickers asked to have the County available to provide
services if she changes her mind because at the moment that the City gains entry to her
home she may change her mind and ask for help. She then asked if the City would be
able to locate a family member, friend, or someone from church that could act on her
behalf.
Council Member Nelson said she feels police and fire are trained to deal with situations
like this and when there are issues they can remove the person and take them somewhere
where they would be safe.
Council Member Broussard Vickers asked that the City do whatever it can do to provide
her with an advocate.
City Attorney Hoeft indicated that this has been done in other communities and noted that
the door would not be kicked in this would be done as respectfully as possible. He then
said that he feels that police and fire will do a fine job interacting with her.
Council Member Nelson said she would like to make certain that the City has good
documentation in the address file of the process that has taken place through this
hazardous building process including a police report and whatever other information is
available for future Councils to see what was done.
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City of Centerville
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Council Meeting Minutes
Council Member Travis commented that, to date, all Council had done was to direct the
City Attorney to prepare the warrant. He then asked if Council had agreed to move
forward with the warrant.
City Attorney Hoeft indicated that he was planning on completing the application,
presenting it to the district Court Judge, getting it signed, and then bringing it to Council
for authorization to proceed.
Council Member Broussard Vickers asked if the warrant could be obtained within less
than two weeks time.
Motion by Council Member Nelson. seconded by Council Member Travis to
approve the execution of the administrative search warrant.
Council Member Broussard Vickers asked if a letter was sent to the resident. Ms. Moore-
Sykes indicated she was in the process of putting that letter together and commented that,
unfortunately, an article appeared in the newspaper before that letter could be sent out.
VOTE: All in favor. Motion carried unanimously.
Council recessed at 8:00 p.rn.
Council reconvened at 8:07 p.m.
4. Approval of North Metro Telecommunications CommissionlMedia Center 2003
Budget
Ms. Moore-Sykes indicated that the Telecommunications Commission is seeking the
City's approval of the 2003 budget for the Commission and the Media Center. She then
indicated that there will be a decrease for the 2003 budget because there will not be costs
associated with the formal franchising process.
Ms. Moore-Sykes indicated that the Commission is recommending that the PEG fee be
increased from 2.38 to 2.45 which is a 2.8 CPI change found to be necessary to meet the
goals.
Mayor Swedberg asked ifthis needed to be done by resolution.
Council Member Broussard Vickers asked where the money comes from.
Council Member Capra indicated that the City receives money from the Cable
Commission.
Motion by Council Member Broussard Vickers. seconded by Council Member
Capra to approve the 2003 Telecommunications Commission and the Media Center
Page 11 of21
City of Centerville
August 14, 2002
Council Meeting Minutes
Budg:et as recommended and to approve the recommended PEG increase from 2.38
to 2.45. All in favor. Motion carried unanimouslv.
5. Anoka County Five-Year Highwav Improvement Plan for 2003-2008
Ms. Moore-Sykes indicated a letter was received from the Anoka County Engineering
Department but the overall plan was not received. She then said she met with Doug
Fisher, the County Engineer, to talk about the County Road 14 improvements proposed
for 2004 through 2006 and, as Council Member Nelson indicated earlier, he is willing to
come and talk to Council on August 28, 2002.
Council Member Capra asked if it would be possible to obtain a drawing or diagram of
the proposed changes to the road in Centerville prior to that meeting.
6. Electronic Payment for Services Proposal
Ms. Moore-Sykes indicated Council had asked for a recommendation from staff and the
recommendation would be to conduct a survey next year or the year after to see if more
residents want to pay electronically.
Mayor Swedberg asked if Ms. Pau1seth had thoughts on the electronic payments. Ms.
Paulseth said it is her feeling that there is not enough interest to warrant the cost at this
point.
Ms. Moore-Sykes indicated there were a lot of people against the idea. Council Member
Broussard Vickers indicated that residents liked the idea but do not want to pay for it.
Ms. Moore-Sykes indicated that Council would need to determine whether to assess the
costs to those using the service or expect all taxpayers to pay for it.
Council agreed to review electronic payments next year.
7. Debt Related Transfers - Resolution #02-031
Ms. Paulseth indicated that it is necessary to transfer funds to cover debt service
payments. She then commented that the City has done this at the end of the year by
having the auditor do it and it is more appropriate to do it during the year by resolution
rather than by journal entry adjustment.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to approve Resolution 02-031. transferrin!!: g:eneral funds to the City Hall
and 1987 streets debt service funds for 2003 debt services per the recommendation
of the Finance Director. All in favor. Motion carried unanimously.
Page 12 of21
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City of Centerville
August 14,2002
Council Meeting Minutes
8.
Council Chamber Microphone Replacement (Cable Funds)
Ms. Moore-Sykes indicated the City Clerk had prepared a memorandum containing
information on the microphone replacement. She then indicated that the clerk had
indicated that the cable fund shows a balance of$16,392.33 and that is more than enough
to pay to replace the microphones.
Council Member Capra commented that she had inquired about microphones and PEG
fees and what the City receives in revenue and had asked Ms. Bender to investigate how
much money was available. She then commented that it is recommended that three
VCRs be replaced and a remote camera be added. She further indicated that to replace
the camera is $6,000 and each VCR is $300 so, if the City spent $2,600 for microphones
there would still be enough to replace the other equipment when needed.
Mayor Swedberg asked ifthere would be a microphone for the podium for the public.
Ms. Moore-Sykes indicated it was her understanding that the microphones can be
installed on the podium so that it does not tip over.
Motion by Council Member Broussard Vickers. seconded by Council Member
Capra to direct Staff to spend UP to $3.000 to replace Council Chamber
microphones as recommended.
Council Member Travis suggested hanging a microphone from the ceiling to pick up the
comments of residents that do not approach the podium.
Council Member Capra asked if Stafflooked into cordless microphones.
Ms. Moore-Sykes indicated the prices for cordless microphones vary and the problem is
the microphones use a lot of batteries.
Council Member Nelson indicated she felt that residents should be asked to come to the
microphone for comment.
Mayor Swedberg said he feels the mute switch is a nice feature and he would like to have
that, if possible.
VOTE: All in favor. Motion carried unanimously.
9. Anonvmous Complaints
Ms. Moore-Sykes indicated that Staff is seeking clarification from Council as to how
Council wants to have anonymous complaints handled. She then indicated that there
have been several instances where Staff becomes embroiled in neighborhood disputes
because of the complaint.
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City of Centerville
August 14, 2002
Council Meeting Minutes
Council Member Broussard Vickers suggested keeping track of the date, address and the
complaint and if Staff receives the complaint several times then it should be looked into.
She then said it was her understanding that it was up to Staffs discretion as to whether a
complaint should be investigated.
Council Member Capra expressed concern for people who call in to complain and will
not give their name to City Hall. She then said that her other concern is anonymous
letters being distributed in packets.
Ms. Moore-Sykes indicated it was her intent that the anonymous letter was to go into
Council packets only.
Council Member Broussard Vickers indicated she would like to see the letter if someone
goes to the trouble of writing it and would like it in her packet.
Council Member Capra indicated she would be fine with Council getting the letter.
Council Member Nelson indicated she saw no problem with someone remaining
anonymous, if possible, as long as the City can identify the resident. She then
commented that she was told that when Council receives a letter, phone call or e-mail it is
public information.
Council Member Broussard Vickers commented that by giving your name to City Hall
you are no longer anonymous.
Mayor Swedberg commented that the letter in question should not have gone in the
Council packet as it contained nothing constructive that could be fixed by a Council and
was merely somebody venting. He then said that was inappropriate and he would not
want to see that type of thing in any way shape or form.
Council Member Broussard Vickers indicated she wanted to see any letters received and
asked that they be placed in her mailbox ifthey are not going to be put in packets.
Council Member Nelson asked if, as one person, Council Member Broussard Vickers is
attempting to override a Council decision.
Council Member Broussard Vickers said it happens all the time here and then commented
that she would like to see any public information that is submitted.
City Attorney Hoeft indicated that any document that comes to City Hall is a public
document.
Council Member Broussard Vickers indicated she was fine with not putting the letters in
packets but said she would like a copy in her mailbox.
Council Member Capra indicated the letters would need to be kept on file at City Hall
Page 14 of21
City of Centerville
August 14, 2002
Council Meeting Minutes
Council Member Broussard Vickers indicated she felt Staff should use discretion and if
they feel something comes up more than once and there may be a foundation for the
complaint they should look into it but should not chase every anonymous complaint.
Council Member Capra asked if the City has a responsibility to identify the person
making the complaint to the resident who the complaint was made against if Staff feels
they know who the person is even though they did not identify themselves.
City Attorney Hoeft indicated that, if the complaint is going to result in some type of
action, then the person would have to be identified otherwise the City could not move
forward without verifying the violation. He then said that, if there is a way to verify the
violation and keep the person anonymous, that would be fine.
Council Member Nelson indicated she would want to see the complaints because she
thinks as Council they need to see information jointly and not individually.
Council Member Broussard Vickers asked if Council Member Nelson wanted to see
letters or phone calls. Council Member Nelson said both.
Council Member Broussard Vickers indicated that keeping a complaint log would give a
data base to keep track of frequently made complaints.
City Attorney Hoeft indicated that taking a phone call with a request to look into
something is not public information but reducing it to a phone log creates a document
that is public. He then suggested telling residents that a phone log is being kept with
complaint information when they call.
10. 2001 Audit
Council Member Nelson indicated the City's recycling fund had a deficit balance but
when she read the July 8 Park and Recreation minutes it said that the City Clerk reports
there is $5,000 in SCORE funds available. She then said she would like to know if the
$5,000 SCORE funds could be used to offset the deficit.
Ms. Paulseth indicated that the City just applied for SCORE funds to replace money from
the recycling fund.
Council Member Nelson gave the minutes from the Park and Recreation Committee to
Ms. Paulseth for review.
Ms. Paulseth said she thinks the City is looking at a general fund transfer on that one but
said she would look into it.
Page 15 of21
City of Centerville
August 14,2002
Council Meeting Minutes
Council Member Nelson commented that the City celebration shows a $34,962 deficit
and there is a gambling donation of $25,230 and she would like to make a motion to use
the gambling donation to offset the largest portion of the city celebration.
Motion bv Council Member Nelson. seconded bv Council Member Capra to use the
$25.230 e:ambline: donation to offset the lare:est portion of the City celebration.
Ms. Paulseth indicated the City celebration enterprise fund has been closed and that was
done with a general fund transfer and the gambling money is in the general fund.
Council Member Capra asked if the $25,230 gambling donation was the amount
accumulated to the end .of 2001. Ms. Paulseth indicated that was her understanding.
Council Member Capra asked what happens with the funds. Ms. Paulseth indicated it is
up to Council to determine what happens to the funds.
Council Member Nelson indicated the funds went into the general fund when received.
Council Member Capra indicated she would like to investigate with the Gambling
Control Board to see if it is okay to do that.
Ms. Paulseth indicated that the funds are considered a donation to a government entity.
City Attorney Hoeft indicated the funds became part of the general fund when received
by the City.
Council Member Broussard Vickers indicated that there is no limit as to what the funds
can be used for anymore once the Lions made their charitable gambling donation to the
City.
City Attorney Hoeft indicated anybody can give the City money and ask that the money
be used for a specific purpose but the City does not have to do so. He then commented
that, if the City wishes to continue receiving donations, it may be a good idea to use the
funds as requested, however.
Council Member Nelson indicated she felt using the funds for the City celebration
benefits the whole City and seems an appropriate use of the funds.
Council Member Travis asked if the funds being discussed are the Lion's funds.
Council Member Broussard Vickers indicated they are the donated funds from the Lions
for the concession stand that was voted against at the last meeting.
Council Member Travis called the question.
Council Member Capra clarified that the brand new concession stand was voted against.
She then said she is against spending $30,000 to run sewer to the concession stand. She
Page 16 of21
City of Centerville
August 14,2002
Council Meeting Minutes
further said she is not in favor of a concession stand out there because of cost but was not
opposed to renovating the current one in some fashion.
Council Member Nelson commented she thinks it is good to pay bills before buying new
things. She then said that because the City used the general fund to payoff the City
celebration and that is a bill that the City has she thinks it is an appropriate way to wash it
rather than with property taxes.
Council Member Capra indicated she was not in favor of doing that but sees the $34,962
that needs to be paid off.
Council Member Nelson commented that it means at the end of the year there would be a
deficit ofthat amount because it was paid out of the general fund.
Council Member Broussard Vickers said that what it means is that the money will not be
accessible to the Park and Recreation Committee to use in any way for anything they
would like to do in 2003.
Mayor Swedberg said he thinks it is pretty clear that putting in a concession stand is not
the thing to do. He then said that ifhe had his way he would send the money back to the
Spring Lake Park Lions but that cannot be done. He further said that the true use for the
money is to be for police and fire and there are needs there because the police will not
have a garage if the Turcotte property is sold.
Mayor Swedberg commented that, as much as he appreciated the thoughts on cleaning up
the deficit, he would not vote for this because there is some sort of sense of a consensus
that was done at a certain time concerning the funds. He then said that he does get upset
when Park and Recreation keeps pushing the concession stand because he wants to get
something for the kids done as there is enough adult stuff already.
Council Member Capra commented that she had hoped that by this time Council would
have had a recommendation from Park and Recreation with regard to renovation of the
current building or a covered pavilion or warming house roof. She then commented that
Council had asked a Park and Recreation member to bring to the meeting the possibility
of putting a roof over the existing hockey rink. She also commented that it would be nice
to have windows in the warming house for the attendant to be able to watch the rink from
all sides.
Council Member Broussard Vickers indicated that the direction was given to Park and
Recreation at the last Council Meeting that a new building would not be acceptable. She
then said that all the members are volunteers and Lions and were busy putting together
the City celebration so they have not met to discuss recommendations for the funds. She
further commented that now, with clear direction, they would be meeting to discuss it.
Council Member Capra indicated that no budget has been received from Park and
Recreation.
Page 17 of21
City of Centerville
August 14,2002
Council Meeting Minutes
Council Member Broussard Vickers indicated they are working on it but were told it was
not needed until the end of August.
VOTE: Aves -l(Nelson), Navs - 4. Motion failed.
Council Member Nelson indicated that on Monday night Council had said it would vote
on whether or not to add a half time park person or no person. She then indicated that she
and the Mayor did not want a park person and Council Members Capra and Broussard
Vickers wanted to have a halftime person.
Ms. Paulseth indicated that Staff was looking for approval to publish the 2001 audit as it
was supposed to be published on June 30, 2002.
Motion bv Council Member Nelson, seconded bv Mavor Swedberi! to approve the
2001 audit. Aves - 4, Navs -1 (Broussard Vickers). Motion carried.
Council Member Nelson indicated she had heard some talk about interviewing new firms
for the next audit and asked if that should be addressed now.
Council agreed to discuss it at another meeting.
11. Budget
Motion bv Council Member Nelson, seconded bv Council Member Capra to amend
the ai!enda to include a budl!et discussion. All in favor. Motion carried
unanimouslv.
Council Member Travis said he felt it was necessary to have at least a halftime person.
Council Member Capra indicated she had found out that Park and Recreation has park
dedication fees of $47,000.
Council Member Broussard Vickers indicated there should be more than $70,000.
Ms. Paulseth indicated she was not clear whether the funds can be used for operating or
need to be used for capital improvement.
Council Member Capra indicated she would like to have the staff person be taken out of
the budget for Park and Recreation to use park dedication fees instead of the tax money.
Ms. Paulseth indicated the dollar amount that is planned for park improvement is being
funded by park dedication fees.
Mayor Swedberg indicated that park dedication fees are to purchase trails and equipment
and things like that.
Page 18 of21
City of CenterviJIe
August 14,2002
Council Meeting Minutes
Council Member Broussard Vickers indicated that three Council Members feel that a part
time person is necessary and how to pay for it needs to be discussed.
Council Member Nelson asked if the two still want a half time person there.
Council Member Capra indicated she did not want six months of a half time person but
would like four months of a halftime person.
Council Member Nelson asked what dollar figure Council wanted to use in that position.
Council Member Broussard Vickers suggested using $15,000 and how that is funded can
be determined later.
VI. CONSENT AGENDA
1. The City of Centerville July 25, 2002 through August 14, 2002 Claims for
Approval
2. Centennial Fire District August 6, 2002 Claims
3. Approval of Ordinance #4 & Summary for Publication
4. Appointment of Election Judges
Mayor Swedberg pointed out there were some wording changes in Ordinance #4 that
would be corrected but would make no substantive changes to the Ordinance.
Motion bv Council Member Capra. seconded bv Council Member Travis to approve
the Consent Al!enda as presented. All in favor. Motion carried unanimouslv.
VII. APPROVAL OF COUNCIL MINUTES
1. July 24. 2002 Council Meeting Minutes
Motion bv Council Member Capra. seconded bv Council Member Travis to approve
the Julv 24. 2002 Council Meetin!! Minutes as presented. All in favor. Motion
carried unanimouslv.
VIII. ANNOUNCEMENTS/uPDATES
1. State Auditor Inquiry
Council Member Nelson indicated the individuals who are considering doing a petition
have not decided whether to do it.
Page 19 of21
City of Centerville
August 14,2002
Council Meeting Minutes
2. AT&T (Capra)
Council Member Capra indicated that the Commission is looking at approval of the
contract at the August 21, 2002 meeting. She then indicated that she would be given a
synopsis of the contract and could provide that to Council.
3. 1540 Peltier Lake Drive
This item was handled earlier in the meeting.
4. Commercial Developments Inquiry/Capital Proiects Analysis
Ms. Moore-Sykes indicated that Staff continues to research the capital projects.
Ms. Paulseth indicated that she is having trouble finding the developer's agreement for
Apple Tree Square.
City Attorney Hoeft indicated that often times the prior City Administrator drafted the
agreements in house and if that was the case he may not have a copy at his office but said
he would look.
Council Member Broussard Vickers said she would like to have the developers billed out
if the developer's agreements can be found. Ms. Paulseth indicated she and Ms. Moore-
Sykes have had discussions about this with some ofthe developers and there are concerns
with the timeliness of the billing.
Ms. Paulseth indicated that the developers have been given itemized copies of the billings
that occurred over the years.
Council Member Capra asked if Council should set a timeframe for response or payment
on the accounts.
Council Member Nelson suggested 30 days.
City Attorney Hoeft indicated that it would be necessary to determine when the statute of
limitations began running before giving a time frame for payment. Ms. Paulseth
indicated that Deer Pass was closed out.
Council Member Broussard Vickers asked Staff to determine the statute of limitations of
the accounts that were closed out.
City Attorney Hoeft indicated that any continuing obligations on the part of the developer
would extend the contract. He then said he would review the contracts to determine the
statute of limitations.
Page 20 of21
City of Centerville
August 14, 2002
Council Meeting Minutes
Council Member Broussard Vickers asked for an update on which accounts need to be
pursued more vigorously and then said that either 30 days or 60 days would be fine for
those that do not have a statute oflimitations issue.
Council Member Nelson said she felt the same time frame should be used for everyone.
Council Member Capra suggested a response by the end of September.
Ms. Paulseth indicated there is more than one development where the developer indicated
other concerns with the City regarding the project.
Council Member Capra asked whether the City is figuring in 10% for attorney's fees for
future developments.
Staff indicated that the provision has always been in the contract but has not been used.
5. Mr. Craig Bode - ParadelFirework Preliminary Expenditures
Ms. Moore-Sykes indicated that Mr. Bode had expected to be at this meeting but
something came up and he is looking to be put on the agenda for the first meeting in
September.
Council Member Nelson asked if Staff received her pending list today. Ms. Moore-Sykes
indicated she received the list but had not had a chance to review it.
Council Member Nelson indicated there were some things for Mr. Palzer to look at such
as the Eagle Pass pond and the Hunter's Crossing trail.
Mayor Swedberg indicated that Lexington has asked to re-evaluate the structure of the
police commission itself and this opens up something that will require that the joint
powers agreement be re-written. He then said that Ms. Moore-Sykes will sit on that
committee and asked if anyone had contacted her. Ms. Moore-Sykes indicated she had
not yet been contacted.
Mayor Swedberg indicated the matter needed to be completed within 60 days.
IX. ADJOURNMENT
Motion by Council Member Travis. seconded bv Council Member Nelson to
adiourn the AUl!ust 14. 2002 City Council Meetinl! at 9:14 p.m. All in favor.
Motion carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 21 of21
CITY OF CENTERVILLE
CITY COUNCIL MEETING
August 28, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on August 28,2002, at City Hall, 1880 Main Street.
PRESENT:
Mayor Tim Swedberg @
Council Member Dick Travis @ 0
Council Member Mari Nelson D
Council Momb" linda Bro"",ro ViOk'rP r?@W
Coundl Mom"'" Capm ft;\ rQ) 0 U
None. !f-0lr
ABSENT:
STAFF:
City Administrator, Ms. Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
I. CALL TO ORDER
Mayor Swedberg called the August 28, 2002, City Council meeting to order at 6:32 p.m.
II. SET AGENDA
Council Member Capra requested that a discussion concerning the eminent domain at the
Carpenter property be added as Number 4 under Council Business.
Council Member Capra requested that a discussion concerning building permit fees be
added as Number 5 under Council Business.
Council Member Capra requested an update on the Dolner property water issue during
announcements.
Council Member Nelson requested an update on the capital projects and proposed right of
way ordinance as well as both of the water complaints.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve the a2enda as amended. All in favor. Motion carried unanimouslv.
III. A W ARDS/PRESENTATIONS/APPEARANCES
1. Mr. Doug Fischer. P .E.. Anoka County Engineer - County Road 14
City of Centerville
August 28, 2002
Council Meeting Minutes
Mayor Swedberg indicated the County has plans in the works to widen County Road 14
and asked Mr. Fischer to provide an update.
Mr. Fischer addressed Council and gave an overview of the proposal for the changes to
County Road 14.
Mr. Fischer indicated the project involves Main Street from the overpass at 35W to the
interchange at 35E and said the project would most likely not begin until 2006. He also
indicated the County had received grant funds for the project and those funds are
available until 2008.
Mr. Fischer provided a proposed drawing of the construction of Main Street and
discussed the different standards for a state aid highway and how that would affect the
different areas of County Road 14. He then explained that in order to comply with state
aid standards the road has to be a certain width from curb to curb but does not have to be
four traffic lanes.
Council Member Capra asked if the speed would be reduced or raised. Mr. Fischer
indicated that the County does not set the speed limits, MNDOT does. He then said it is
possible to request a traffic study but cautioned that the traffic study could indicate that
the traffic is traveling faster than the posted limit and MNDOT may recommend
increasing the speed limit.
Council Member Broussard Vickers commented that in this type of process eminent
domain is used to obtain adequate space for the project. She then asked if the County
would take property all on one side or equally on both sides.
Mr. Fischer indicated it would be difficult to speculate but said that in all projects there
are some property owners interested in being bought out so the County follows the path
of least resistance. He then said that in most cases property is taken on both sides of the
roadway but not in all cases.
Council Member Broussard Vickers asked, from the curb, what is the closest distance a
resident structure can be located to the roadway. Mr. Fischer indicated a resident
structure can be located all the way up to the right of way line depending on the roadway.
He then said that would be very tight because they do like to have a sidewalk.
Council Member Broussard Vickers commented that the normal right of way is 15 or 20
feet from the curb.
Mr. Fischer explained that generally when that happens the damages to that property are
so high the County would offer to buy that person out. He then said it does not mean the
County will tear the house down because there is a buyer for every house and houses are
only torn down if they are in the right of way and occasionally if they are too close.
Page 2 of 18
City of Centerville
August 28, 2002
Council Meeting Minutes
Mr. Fischer indicated this would be a unique project because the road will not be the
same for the entire length.
Council Member Capra indicated it is difficult to get out onto Main Street from some of
the city streets and asked if there would be stop signs. Mr. Fischer indicated the necessity
of stop signs or traffic signals would be considered and evaluated. He then said that the
four way stop signs may be converted to signals.
Council Member Capra indicated there is a pedestrian concern right now.
Ms. Helmbrecht indicated there is a lot of pedestrian traffic in the 30 mile per hour
section. Mr. Fischer indicated that it is not required by the project but he would give
strong consideration to a trail or sidewalk for the area.
Mr. Kilian commented that the four way stop signs cause issues with traffic and said that
a stop sign provides a break in traffic to allow cars to get out. He then asked if the
County had considered an entrance and exit ramp at 35W to alleviate the congestion.
Mr. Fischer indicated that has been included in the County's transportation plan but the
City of Lino Lakes does not support a full access interchange at that location as they
think the main access onto 35W should be at Lake Drive.
Mr. Kilian asked if Lino Lakes could dictate whether there would be an interchange there
or if it is decided based on traffic volumes. Mr. Fischer indicated that because it is a state
aid route and an interstate highway there are municipal consent requirements and the City
could potentially stop the County. He then said that the County prefers to work with
cities and not against them.
Council Member Nelson asked whether the County would consider an interchange at 20th
A venue. Mr. Fischer indicated that had been brought up from the Washington County
side but the problem is it is hard enough to get an existing interchange rebuilt on the
MNDOT system and to get a new one added is much farther down the priority list.
Council Member Nelson commented that it would make sense to connect 35W and 35E
via 20th Avenue.
Mr. Fischer indicated he always thought that made a lot of sense but that is a MNDOT
decision. He then said that MNDOT is currently taking comments on its 20-year
highway plan and these comments would be more appropriate in that venue. He further
explained that with the state's budget issues there are no plans to expand any of the trunk
highways in Anoka County which means that the county roads are bearing the brunt of
the capacity problems.
Council Member Broussard Vickers suggested going around Centerville to the north and
widening 20th Avenue as a way of lessening the impact and keeping acquisition costs
down.
Page 3 of 18
City of Centerville
August 28, 2002
Council Meeting Minutes
Mr. Fischer indicated that on the old county map there used to be a dotted line that did
that but the 1990's were good years for environmental activists and those new laws took
out that corridor as an option due to the wetlands.
Council Member Broussard Vickers suggested the wetlands could be mitigated as it is not
a specially protected wetland. Mr. Fischer explained that when the county needs to
impact wetlands adjacent to a county road the first question they are asked is ifthe impact
could be avoided by changing the route and the answer would be yes in this case.
Council Member Broussard Vickers asked who asks that question. Mr. Fischer indicated
the rules are provided by the Wetland Conservation Act.
Council Member Broussard Vickers commented that every development could be
avoided. Mr. Fischer commented that, from a highway perspective, when they go for
permits the way the rules are for highway projects the first question is can you overcome
the impact. He then said that safety always overrides wetland impacts but only
associated with improving existing routes and does not apply to new routes.
Council Member Broussard Vickers indicated she feels there is a major safety issue when
you put a four lane highway through a small town and she does not feel that enough of an
effort has been made to try to mitigate the wetlands. She then said that, if you can do it to
build a house, she would think that the transportation department could come up with
enough evidence to get it approved.
Mr. Fischer indicated that whenever a project of this magnitude is undertaken a multitude
of environment reviews are required. He then said that one of those requirements is an
alternative alignment study. He further commented that the route to the north could be
evaluated during the alternative alignment study.
Council Member Nelson asked if the County was interested in turning county roads over
to cities. Mr. Fischer indicated the comprehensive plan classifies some roads that the
county is interested in turning over to the local jurisdiction but those are classified as
minor collector roads.
Paul Montain commented that there are no shoulders on 20th Avenue or Centerville Road
and asked if there is a proposal to add those to minimize the danger for pedestrians.
Mr. Fischer indicated that when roads are overlaid the County attempts to add as much as
they can but adding shoulders to Centerville Road would be difficult without a major
reconstruction due to the deep ditches.
Mr. Montain asked if there was anything in the plans for the next 10 years. Mr. Fischer
indicated the County tries to put together a solid five-year plan.
Page 4 of 18
City of Centerville
August 28, 2002
Council Meeting Minutes
Council Member Broussard Vickers commented that, at one time, Centerville Road was
on a 20-year plan.
Ms. Helmbrecht commented that the City has trails tying into Centerville Road and Main
Street and doing this project without doing Centerville Road does not make any sense.
Mr. Fischer indicated that doing the project may make trails disconnected for a time but
eventually, when funding becomes available all those trails will end up connected. He
then said that there may not be enough federal funds to complete this entire project.
Ms. Helmbrecht commented that, if the County is going to do this project, it needs to
look at doing Centerville Road. She then asked if the County was aware that the City has
a design for the area from the Minnesota Design Team.
Mr. Fischer indicated the County's policy is that the right of way required is the County's
cost. He then said that the policy on cost sharing is that they only require the City to buy
right of way for new alignments.
Mayor Swedberg asked that comments be finished up and noted there would be ample
opportunity in the future for further comments.
Council Member Capra said she is concerned with the environmental impact between the
two lakes and cOl::nmented that the two cannot be intermixed. She then asked how the
County would address reconstruction and helping to prevent the polluting of Centerville
Lake from Peltier Lake.
Mr. Fischer indicated the County may have no options as it will need to follow the DNR
requirements. He then said the timber bridge just south of the dam will need to be
rebuilt.
Mr. Fischer said that the County wants to end up with a product that every body is happy
with. He then said that the County is not ready to kick off the process yet and predicted it
could be as much as a year from now when the process is begun.
Council Member Broussard Vickers asked what the City's contribution would be. Mr.
Fischer indicated the County wants the City to be involved with choosing and approving
of the consultant used but said the consultant costs are generally the County's with some
City participation.
Ms. Helmbrecht asked if the money is available or whether it had been cut by MNDOT.
Mr. Fischer indicated that there is a certain amount of money allocated to the region
through the Metropolitan Council and the funds are available to the County at this time.
Mayor Swedberg thanked Mr. Fischer for coming and thanked him for his support of the
work at 35E and County Road 14. Mr. Fischer indicated the County knew that the four
way stop would add to the congestion but felt it was necessary in the name of safety.
Page 5 of 18
City of Centerville
August 28, 2002
Council Meeting Minutes
2. Mr. John Thill. Parade & Fireworks (Fete des Lacs)
Council Member Nelson complimented Mr. Thill on the parade.
John Thill addressed Council and gave a brief overview of the parade and fireworks. He
then briefly reviewed the accounting document he had provided to Council and suggested
that the Lions be allowed to purchase flags for the parade route with the remaining
$1,127.20.
Mayor Swedberg thanked Mr. Thill for the accounting.
Mr. Thill indicated a copy of all the receipts was given to the Mayor. Mayor Swedberg
gave the receipts to the City Administrator.
Council Member Capra indicated it was recommended a few years ago to have the stakes
made and at that time the cost estimate was approximately $300 to $400.
Motion bv Council Member Capra. seconded bv Council Member Broussard
Vickers to authorize the use of UP to $1.100 for the purchase of parade route fla2s.
Council Member Capra amended her motion to up to $600.00 for the flags.
Council Member Broussard Vickers withdrew her second.
Motion bv Council Member Capra. seconded bv Council Member Nelson to
authorize the use of UP to $600.00 for the purchase of parade route flal!s.
Council Member Broussard Vickers indicated she did not think they should have to come
back for approval if the bid is more and she would like to authorize up to the remaining
balance.
Council Member Travis indicated he concurred with Council Member Broussard Vickers.
Council Member Capra indicated she would like to amend her motion.
Council Member Nelson withdrew her second.
Motion bv Council Member Capra. seconded bv Council Member Travis to
authorize Citv Staff to work with Mr. Thill for the purchase of parade stakes in an
amount up to the remaininl! balance. Aves - 4. Navs -l(Nelson). Motion carried.
Page 6 of 18
City of Centerville
August 28, 2002
Council Meeting Minutes
IV. PUBLIC HEARING(S)
1. Proposed Ordinance #13 - Possession. Sale and Consumption of Intoxicating
Liauor. Wine and 3.2 Percent Malt Liauor Within the City ofCenterville.
Mayor Swedberg opened the public hearing at 6:40 p.m.
Donna King of 1724 Sorrel Street addressed Council and indicated she had an issue with
the noise being generated from Kelly's and Trio. She then said that she would prefer if
Council did not authorize any special permits that would allow outside events to go
beyond the noise ordinance time limit of 10:00 p.m. because she has to work early in the
mornings and the last event was very difficult for her.
Council Member Capra asked if residents were notified when noise permits are issued.
Ms. Moore-Sykes indicated she did not think so.
City Attorney Hoeft indicated that the enforcement issue can be taken up with the police
department and said there is no requirement to notify the neighbors when a special permit
is issued but it is possible once the City determines how large of an area should be
noticed.
Mayor Swedberg asked whether the liquor ordinance needed any information on noise.
City Attorney Hoeft indicated that the noise issue would be handled under the noise
ordinance and said that, if it is too difficult for officers to apply, Council could review
that ordinance.
Council Member Nelson asked Ms. Moore-Sykes to review the noise ordinance and
report back at the next Council meeting and also asked her to let Ms. King know whether
Council needs to amend the ordinance or not.
Mayor Swedberg said the comments were reasonable and should be able to be
accommodated. He then said, if residents need to abide by a 10:00 p.m. time limit, he
thinks it is appropriate for other outside activities in the City.
Council Member Travis asked what Council wanted to do about permits.
Ms. King indicated they are notified of a variance but are not notified of noise permits
when issued.
City Attorney Hoeft suggested using 300 or 500 feet for notification purposes.
Council indicated they would try to address the concerns when reviewing the noise
ordinance.
Page 7 of 18
City of Centerville
August 28, 2002
Council Meeting Minutes
Council Member Nelson indicated she had some issues with the proposed liquor
ordinance and would like to discuss that later in the meeting.
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to close the public hearine:. All in favor. Motion carried unanimouslv.
Mayor Swedberg closed the public hearing at 7:00 p.m.
V. COUNCIL BUSINESS
1. Pheasant Marsh Phase II Bond Sale
Mr. Eilertson indicated that Resolution #02-033 would allow the City to pay itself back
from the bond proceeds.
Motion by Council Member Nelson. seconded by Council Member Travis to
approve Resolution 02-033 as presented. All in favor. Motion carried unanimouslv.
Council Member Broussard Vickers asked if City Attorney Hoeft reviewed all the
resolutions. City Attorney Hoeft indicated he had reviewed the resolutions and had no
issues with them.
Mr. Eilertson indicated that Resolution #02-034 sets the sale date for the bonds.
Council Member Broussard Vickers asked whether it would be in the City's best interest
to shorten the call date to allow for faster prepayment because, in the past, developments
have been completed faster than anticipated.
Mr. Eilertson suggested shortening the call date by a year as that would not adversely
affect the City's borrowing rate.
Motion bv Council Member Broussard Vickers. seconded bv Mayor Swedbere: to
approve Resolution #02-034 with the call date chane:ed to February 1. 2007. All in
favor. Motion carried unanimously.
Mr. Eilertson indicated Resolution #02-035 recognizes that Council received the
application from the developer.
Motion by Council Member Broussard Vickers. seconded by Council Member
gpra to approve Resolution #02-035 with the date chane:ed from the 26th to the
2St . All in favor. Motion carried unanimously.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to accept the Financial Advisory Seryice Ae:reement with Juran & Moody as
presented. All in favor. Motion carried unanimouslv.
Page 8 of 18
City of Centerville
August 28, 2002
Council Meeting Minutes
2. 2003 Tax Levy - Resolution #02-036
Motion by Council Member Nelson. seconded by Mayor Swedbel1!: to lower the
current 2002 tax levv amount by 5% for 2003 as that dollar amount $1.406.592
constitutes a 5% reduction in the current levv for next year. Ayes - 2. Nays -
3(Travis/Broussard Vickers/Capra). Motion failed.
Motion by Council Member Broussard Vickers. seconded by Council Member
Trayis to approve Resolution #02-036 as presented.
Council Member Capra commented that by leaving the levy at last years levy and not
going to the maximum the City is reducing the overall City tax burden on the resident by
15.4%.
Mayor Swedberg commented that, even though he voted for the decrease, he would vote
for this because he is happy that the City will not be raising taxes.
Council Member Nelson explained that her vote would be no because she worked hard to
try to lower the tax levy to provide a 20% savings and that did not get approved.
VOTE: Ayes - 4. Nays -l(Nelson). Motion carried.
Council recessed at 8:19 p.m.
Council reconvened at 8:25 p.m.
3. Rescheduling of December 25.2002 Council Meeting
Ms. Paul seth indicated that she would recommend Monday, December 9, 2002 for the
truth in taxation hearing with December 16, 2002 as the continuation date.
Motion by Council Member Nelson. seconded by Council Member Broussard
Vickers to chane:e the December Council meetine:s to December 9. 2002 and
December 19. 2002. All in favor. Motion carried unanimously.
4. Eminent Domain
Motion by Council Member Broussard Vickers. seconded by Council Member
Capra to cease eminent domain proceedine:s. Ayes - 4. Nays - l(Travis). Motion
carried.
5. Building Permit Fees
Council Member Capra suggested asking Staff to do a surveyor surrounding cities to
determine whether Centerville's fees are too high because she had heard that the City is
25% higher than the Uniform Building Code fees.
Page 9 of 18
City of Centerville
August 28, 2002
Council Meeting Minutes
Council Member Broussard Vickers indicated she had heard of no problems or
complaints.
Council Member Travis indicated there have been a horrendous amount of complaints as
the building permits in the City are much higher than any other City. He then said he is
concerned that the building permit fees could be challenged causing an issue for the City.
City Attorney Hoeft indicated that the permit fees need to be related to the expense that
the City incurs in processing those permits. He then said that it may be possible to
challenge the fees but that challenge would not apply to past fees paid.
Council Member Broussard Vickers questioned the use of the term revenue generating
fees.
City Attorney Hoeft indicated that other fees that have been challenged in other cities
were fees that were termed as revenue generating rather than actually being fees. He then
said that no permit fees are allowed to be revenue generating because that would be
considered a tax.
Council Member Capra indicated the City is looking at a large amount of revenue from
the permit fees and she has a concern with regard to charging 25% over the Uniform
Building Code.
City Attorney Hoeft suggested that Staff should provide information on how the City
justifies the cost of its permits for future reference, if it is needed.
Motion by Mayor Swedberl!. seconded by Council Member Nelson to direct Staff to
provide an analysis of the City's fees by the second Council Meetinl! in November.
Council Member Travis indicated he would like to have Staff do a comparison with the
surrounding communities because he knows the City charges more than neighboring
cities for the same product.
City Attorney Hoeft indicated that it may cost Centerville more to provide the same
service but said that Staff should provide justification for those fees for review.
Council Member Travis said he would bet that Centerville is the highest in the metro and
not by a little bit. He then estimated that the City was charging $3,000 to $4,000 more
than other cities on a single-family home.
Mayor Swedberg amended his motion to include an analysis of the Class 7 cities that
exist in the Stanton group in the metro area. The amendment was accepted by Council
Member Nelson.
VOTE: All in favor. Motion carried unanimouslv.
Page 10 of18
City of Centerville
August 28, 2002
Council Meeting Minutes
6. Eagle Trail/Pioneer Pronerties
Steven St. George of 1861 Pioneer Lane and Mark Pangell addressed Council and asked
for an update of their water situation. Mr. Peterson indicated the individual who was at
the last meeting had not provided surveying information as promised. Ms. Moore-Sykes
indicated the City had received nothing from him either.
Mr. Peterson indicated he was out there after the meeting and walked down the line with
Mr. Palzer and it appears that Mr. GaIners wood railroad ties have a lot to do with the
way it is pinched down there.
Mr. Pangell indicated he agreed that those are not helping the situation but noted those
were only placed there within the last 30 to 40 days. He further indicated he could do
nothing about those railroad ties but has to deal with the water problem caused by them
and the townhome development.
Mr. Pangell indicated that residents could clean out the drainage easement with
wheelbarrows and shovels but said he is not sure they are qualified to do so.
Council Member Capra asked if the area is sodded. Mr. Pangell indicated it is weeds that
are not maintained and there is no sod.
Council Member Broussard Vickers asked whether the homeowner's association was
mowing the area.
Mayor Swedberg indicated the bank is very steep and difficult to mow. Mr. Pangell
agreed that the bank is difficult to mow and then commented that the whole development
contained a comedy of engineering flaws.
Council Member Broussard Vickers asked for the engineer's opinion. Mr. Peterson
indicated there is no problem with the design. He then said that the drainage way should
be more open and commented that the fence is in the drainage way railroad as well as the
railroad ties making the whole thing narrower than it should be.
Council Member Broussard Vickers asked if the fence and railroad ties were in the
drainage easement. Mr. Peterson indicated it looks to him that they are in the drainage
easement but he would need a survey to know for sure.
Council Member Broussard Vickers commented that the City would have the authority to
have those items removed if they are in the drainage way. She then commented that the
drainage easement cannot be impeded.
Mr. St. George asked whether the area was graded properly in the first place. Mr.
Peterson indicated it was not the City's job as the developer had his own engineer design
that property. The City approves the plan but did not design it.
Page 11 of 18
City of CenterviIle
August 28, 2002
Council Meeting Minutes
Council Member Broussard Vickers asked whether the City had a responsibility to the
residents to make sure the grading was done properly or if it was a civil issue.
City Attorney Hoeft indicated the problem is a civil issue for the property owners.
Council Member Broussard Vickers indicated the City could provide assistance to the
property owners to provide them with the approved plans but they would need to
determine whether it was done improperly and proceed against the developer, if
necessary. She then said that the City can determine whether there are things located in
the drainage easement and, if so, have them removed.
Mr. Pangell said he did not understand how it was not permissible for a property owner to
put the railroad ties in the drainage easement but the City does not have to help them with
a developer who allowed soil to erode and fill in the drainage way.
City Attorney Hoeft clarified that the City, in providing inspection or approval services,
in no way makes any representations that the final product will match what is on the plan.
Mayor Swedberg asked if there would be an issue if the neighbors got together and dug
out the drainage easement.
City Attorney Hoeft indicated he would not recommend doing so because any issues
caused by the actions of the property owners would open them up to financial liability.
He then said that alleviating their water issue may cause a water issue for someone else
that they would be responsible for.
Mayor Swedberg asked if each person could dig on their own property. Mr. Peterson
indicated he did not see how the area could be dug out any more than it is.
Mr. Pangell indicated the drainage area is too high because he has standing water. He
then asked what he could do when someone else raises their grade higher.
Council Member Broussard Vickers indicated that no one could change the grade to
impede flow.
Council Member Capra indicated she would like to see whether the drainage easements
are filling in or have filled in onto the drainage easement to abrupt the flow. Mr.
Peterson indicated he would need a survey to determine that.
Council Member Broussard Vickers questioned whether the developers agreement states
that the developer is required to prevent the erosion of soil into a drainage easement.
City Attorney Hoeft indicated that from what he has heard from the engineer we are not
sure if there is a problem there. He then said he appreciates the comments of the property
Page 12 of18
City of Centerville
August 28, 2002
Council Meeting Minutes
owners concerning standing water but he first needs to have information proving there is
a problem with the grade.
City Attorney Hoeft indicated that just because water collects there does not mean the
grading is improper. He then said the first thing that someone would have to do is take
measurements to tell what the elevations are and determine whether it is a problem.
Council Member Broussard Vickers asked if there was noticeable erosion behind the
townhomes. Mr. Peterson indicated the area is weedy with tall weeds right up to the
fence and then there is the ditch. He then said that he did not see piles of dirt that totally
impeded the flow.
Council Member Broussard Vickers indicated she would like to see Mr. Palzer check the
fence and railroad ties and take a look at the weeds. She then said that, if there are
weeds, a letter should be sent to the homeowner association asking that they be cut down.
She also requested that whomever has something located in the drainage easement
receive a letter asking that it be moved.
Mr. Peterson indicated the property owners could put drain tile from your property and
run it down to the pond which would help.
Mr. Pangell indicated that their biggest problem is there is an association that represents a
string of property and they are not sure how to contact them.
Council Member Broussard Vickers suggested asking one of the homeowners for the
name and telephone number of the president of the association.
Council Member Nelson recommended contacting Ms. Moore-Sykes to help provide
information on the president of the townhome association.
Mr. Pangell thanked Council for the assistance and asked for assistance with the
enforcement of the blockage issue.
7. Proposed Ordinance #13 - Liquor
Council Member Nelson indicated that a whole section on Page 2 of 18 under restaurant
was deleted. She also indicated that the word "not" was deleted and "as long as currently
licensed as such by Anoka County" was added.
Council Member Broussard Vickers explained that the reason the word "not" was taken
out was for people who serve frozen pizzas. She then clarified that taking the word "not"
out made them a restaurant because they are licensed by Anoka County.
Council agreed that the language was fine. City Attorney Hoeft indicated he had deleted
that language.
Page 13 of 18
City of Centerville
August 28, 2002
Council Meeting Minutes
Council Member Nelson asked for clarification of the sidewalk language on Page 8 of 18.
City Attorney Hoeft indicated the only time the City is looking at a parking lot or
sidewalk situation is with a temporary permit for operation outside of the premises and
Council has the ability, without the language, to either allow someone or not allow
someone to utilize a sidewalk or parking lot.
Council agreed the language was fine.
Council Member Nelson indicated there was a reference to financial investigation on
Page 10 of 18 that should be removed. City Attorney Hoeft indicated that any reference
to a financial investigation should be deleted.
Council Member Nelson asked for clarification on Section 16 on that same page
concerning approval by the Commissioner of Public Safety. City Attorney Hoeft
indicated that is a state requirement.
Council Member Nelson suggested adding clarification to the language on Page 15 of 18
concerning violations.
Mayor Swedberg suggested that a parenthesis be added and language that says "see
addendum" be added. He then said it is the intention of Council that the ordinance does
not need to be redone to make minor modifications in the best practices program
addendum so he thought it would be appropriate to reference it in the best practices
program and date that addendum.
Council Member Nelson suggested saying the most current addendum. City Attorney
Hoeft indicated that it would be fine to add the reference to the addendum.
Council Member Nelson suggested indicating on Page 17 of 18 under best practice
penalty grid that the licensee reverts to the regular penalty grid at the third violation.
City Attorney Hoeft indicated that language could be inserted.
Mayor Swedberg suggested that the part that starts with training program right above
where it lists the mandatory items the last sentence should be deleted as well as the next
paragraph.
City Attorney Hoeft indicated there would be no problem removing that sentence and the
next paragraph.
Mayor Swedberg commented that the City had substantially rewritten this Ordinance and
asked whether it should remain as Ordinance #13 or be renumbered. City Attorney Hoeft
suggested keeping it as Ordinance #13 for future reference.
Motion bv Council Member Nelson. seconded bv Mavor Swedbere: to aoorove
Ordinance #13 - Possession. Sale and Consumotion of Intoxicatine: Liquor. Wine
Page 14 of 18
City of Centerville
August 28, 2002
Council Meeting Minutes
and 3.2 Percent Malt Liauor Within the City of Centerville. Aves - 4. Navs -
l(Broussard Vickers). Motion carried.
Council Member Broussard Vickers indicated she was opposed to removing the reference
to conviction.
VI. CONSENT AGENDA
1. The City of Centerville August 15, 2002 through August 28, 2002 Claims for
Approval
2. Centennial Fire District August 21, 2002 Claims
3. Pay Estimate #1 - Earth Burners (County Road 14 Water Main Extension)
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to approve the Consent Al!enda as presented. All in favor. Motion carried
unanimous1v.
VII. APPROVAL OF COUNCIL MINUTES
1. August 14.2002 Council Meeting Minutes
Council Member Capra requested the following change: On Page 2 of 21 change "no" to
"now."
Ms. Moore-Sykes requested the following change: On Page 11 of 21 change the word
"letter" to "article".
2. August 12.2002 Council Work Session Minutes
3. August 19.2002 Council Work Session Minutes
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to approve the AUl!ust 12. 14. and 19. 2002 Council Meetinl! Minutes as
amended. All in favor. Motion carried unanimous1v.
Council Member Travis abstained from voting on the August 12, and August 19, 2002
Minutes as he was not present at the meeting.
VIII. ANNOUNCEMENTS/uPDATES
1. 1540 Peltier Lake Drive
City Attorney Hoeft indicated he met with City Staff last week and as a result the
property was visited by the building official and Centennial Lakes police officers. He
indicated that the findings of those two reports were used to sustain the request for an
administrative search warrant which he expects to be completed next week. He then
Page 15 of 18
City of Centerville
August 28, 2002
Council Meeting Minutes
asked if Council wanted him to present the request to a judge for signature or present it at
the next Council meeting.
Council indicated that it should be presented to the judge.
City Attorney Hoeft indicated that the officer was extremely concerned about the
occupants health and safety and made that clear in his report.
A resident asked ifthe report was public information.
City Attorney Hoeft indicated the information was not public at this time. He then said
he expected to have an administrative search warrant within a week presented to the
judge. He also indicated that at the time the warrant is executed the police and fire
departments will be there as well as an Anoka County representative.
Mary Jane Lang of 15559 Peltier said she cannot understand this delay because some
years back she owned a lot on the other side of Donna and she had puddles in the yard
and could not cut the grass and received a letter from the City indicating that it should be
cut or the City would do it and bill her. She then asked why the process is taking so long
for this property owner.
Council Member Nelson indicated that the City has mowed the lawn previously as well
as clean up the exterior and now the City is trying to do something more permanent to
clear up the problem.
City Attorney Hoeft indicated there have been court proceedings involving this property
for code violations including the overgrowth of the property and, while that is a concern,
right now the concern that is being addressed is not the grass and weeds but the
conditions inside the house for the resident.
Council Member Capra indicated this is the first time City officials will have been inside.
A resident asked whether the outside would be dealt with as well as the inside of the
property. City Attorney Hoeft indicated the entire property, both inside and out, would
be addressed.
Council Member Nelson questioned whether the City needed to review a right-of-way
ordinance. Ms. Moore-Sykes indicated the right-of-way ordinance is before the Planning
and Zoning Commission for review.
Mayor Swedberg asked that Mr. Peterson and City Attorney Hoeft review it.
Council Member Nelson asked for an update on the two complaints. She then referenced
a letter sent by the City Administrator that had asked that the situation be abated within
30 days and asked what abated means. Ms. Moore-Sykes indicated that the property
owner needs to cut the weeds to eliminate the violation.
Page 16 of18
City of Centerville
August 28, 2002
Council Meeting Minutes
Council Member Nelson asked for an update on the complaint from 6961 Meadow Court
concerning the sealcoating on his street. Ms. Moore-Sykes indicated his street was
sealcoated and he is not pleased with the rocks. Mr. Peterson indicated that, in time, the
rocks would all be pushed in.
Council Member Nelson asked for an update on the Glenn Powers property on Quebec
Street. Mr. Peterson indicated he had provided a quote from Ro-So Contracting.
Council Member Broussard Vickers asked why the City would pay to assist Mr. Powers
with his water issue if it is not going to do the same for the two gentlemen that were just
before Council.
Mr. Peterson indicated it is not quite the same thing as Mr. Powers grade is dead flat
versus the 1 % ofthe other property.
Council Member Broussard Vickers commented that the dead flat is no more the City's
responsibility than the 1 % if a proper plan was approved.
Council Member Capra commented that the grade at the end of the project is lower than
what it was supposed to be. Mr. Peterson indicated a lot of low areas were created.
Council Member Capra asked if the City would have inspected the grade. Council
Member Broussard Vickers asked how many property owners this involved. Mr.
Peterson indicated it involved four property owners.
Council Member Nelson indicated the property owners would need to sue the developer.
Council Member Broussard Vickers suggested sending the bid to them and letting them
decide if they want to contract the work.
Council Member Capra asked if the City has a responsibility if the City approved the
grade and it is not right. City Attorney Hoeft indicated the City approves the grading
plan and, if the City approves a grading plan that is poor, the City may have some
obligation. He further clarified that the City approves the grading plan and does not
ensure that the final product will match what is on that plan.
Council Member Capra indicated there is a public safety issue with this lot as his sump
pump runs nonstop even in the winter and pumps water out into the street that freezes and
causes slippery conditions.
Council Member Broussard Vickers indicated the Attorney has said the City has no legal
obligation and the City does not have the fmancials to do it.
Council Member Nelson indicated she agreed with sending a letter to them with the
suggested fix and letting them know the City cannot pay to fix it for them.
Page 17 of 18
City of Centerville
August 28, 2002
Council Meeting Minutes
Council Member Capra indicated her concern lies with the amount of water that he has to
get off of his property that ends up in the streets and freezes in winter.
Council Member Broussard Vickers commented the person with the worst water problem
has nowhere to put the water. She then suggested the City absorb the cost of the street
portion to do the work that would drain the property.
Mayor Swedberg asked if it was possible to put a drain on the inside of the curb. Mr.
Peterson indicated that could be looked into and said he could run drain tile to the catch
basin.
Council asked Staff to send a letter to the residents and assist them by meeting with them
ifthe residents desire.
Mayor Swedberg asked that Staff proceed with all due speed on the collection of the
costs from Mr. Eibensteiner who has said he will not pay the charges.
City Attorney Hoeft indicated he would review the contracts to determine what, if
anything, can be done and provide advice to Council at the next meeting.
IX. ADJOURNMENT
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to adiourn the AUl!ust 28. 2002 City Council Meetinl! at 9:45 p.m. All in
favor. Motion carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 18 of 18
r
CITY OF CENTERVILLE
CITY COUNCIL MEETING
SEPTEMBER 11, 2002
6:30 p.m.
Pwsuant to due cWl ""d notice thereof, the City of Centemlle held the;, regola"y ",heduled rD. ....
meeting on September 11, 2002, at City Hall, 1880 Main Street. /SJ 19J
PRESENT: Mayor Tim Swedberg l0
Council Member Dick Travis
Council Member Mari Nelson
Council Member Capra
ABSENT:
Council Member Broussard Vickers
STAFF:
City Administrator, Ms. Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
I. CALL TO ORDER
Mayor Swedberg called the September 11, 2002, City Council meeting to order at 6:37
p.m.
II. SET AGENDA
Mayor Swedberg requested that a Police update be added as Item 7 under Council
Business.
Ms. Moore-Sykes requested that Terry Sweeney be added under appearances to address
Council concerning the Lions Haunted House.
Ms. Moore-Sykes requested that a discussion of the work session schedule be added
under announcements.
Ms. Moore-Sykes requested that an Eagle Pass update be added under announcements.
Ms. Moore-Sykes indicated that Council Member Capra had asked to have an update on
the Quebec Street project.
Ms. Moore-Sykes requested that an update on the St. Paul Utility property be added
under announcements.
City ofCenterville
September 11, 2002
Council Meeting Minutes
Council Member Travis indicated he had received a can concerning the Eagle Brooke
Church and asked whether the City has received any information on the project from
Lino Lakes.
Ms. Moore-Sykes indicated she had received an envelope addressed to her from the
Church but there was nothing in the envelope.
Mayor Swedberg suggested adding Eagle Brook Church under announcements.
Motion bv Council Member Nelson. seconded bv Council Member Travis to
approve the al!enda as amended. All in favor. Motion carried unanimouslv.
III. A W ARDSIPRESENT ATlONS/APPEARANCES
1. Dr. John Christiansen (Superintendent ISD 12) - Operating Levy
Dr. John Christiansen, Superintendent, addressed Council and provided information on
the operating levy that will be on the November ballot.
Council Member Capra arrived at 6:41 p.m.
Dr. Christiansen indicated the proposal is to increase the operating levy to $426 per
student to raise $3,403,161 for operations.
Dr. Christiansen indicated the enrollment growth has slowed over the last few years as
compared to the mid to late 1990s and that will help with regard to facilities and space
issues but, enrollment drives funding.
Dr. Christiansen handed out a fact sheet for potential new residents.
Dr. Christiansen indicated that, by statute, the District does not have to provide
transportation to secondary students within 2 miles and elementary students within one
mile of school but has been doing so and would like to continue to do so. He then said
that, if the operating levy does not pass, the District would have to look at charging
students to ride the bus in order to save costs.
Dr. Christiansen thanked Council for its time and offered to answer questions.
Council Member Nelson clarified that reduced enrollment does not equate to reduced
expenses it equates to a better class size. Dr. Christiansen concurred.
Council Member Nelson commented that Mounds View is at $328 per student and the
District is seeking to go to $465 per student. She then commented that Mounds View
scores very high in reading and math and asked whether the District would be able to
function as well as Mounds View on the same amount rather than the $465.
Page 2 of 14
City of Centervil1e
September II, 2002
Council Meeting Minutes
Dr. Christiansen indicated the District is currently functioning with an operating levy of
$39 per pupil. He then indicated that the District had to assess future needs because the
operating levy remains in effect for a number of years so there may be excess in the first
few years but just enough to get by in later years.
Council Member Capra commented that the District has been playing catch up with
overcrowding in schools and has been trying to make ends meet. She then said that when
she served on the task force for Blue Heron they thought the operating levy would carry
them for five years but with gas prices and interest rate drops it is not working.
Dr. Christiansen indicated that enrollment growth has dropped enough that the District
feels the current facilities will be sufficient for 10 years or so.
Dr. Christiansen indicated the District feels like it has been doing well with the resources
it has and has tried not to over ask on the operating levy because the money comes out of
the same tax base.
Mayor Swedberg thanked him on behalf of the children of Centerville and said he
appreciates that when issues were raised about Main Street there was an instantaneous
decision reached by the District.
2. Mr. Terry Sweeney - Lion's Request Haunted House
Mr. Sweeney addressed Council on behalf of the Centerville Lions and requested
permission to use the old public works facility for the haunted house again this year.
Council Member Capra requested that the Fire Chief view the haunted house to make
sure he sees no issues with it.
Mr. Sweeney indicated the Lions had no issue with the Fire Chief viewing the haunted
house in the past or going forward.
Consensus was to allow the Centerville Lions use ofthe old public works facility for their
annual haunted house.
IV. PUBLIC HEARING(S)
None.
V. COUNCIL BUSINESS
1. Mr. Bill Bisek. Kelly's Komer - Noise Permit Request (Octoberfest - Rock'n
Hollvwoods)
Ms. Moore-Sykes indicated Mr. Bisek was before Council to request a noise permit for
his Octoberfest event.
Page 3 of 14
City of Centervi11e
September II, 2002
Council Meeting Minutes
Mayor Swedberg indicated this event has happened in the past and Council had recently
heard testimony over concerns with the noise and he would not be in favor of any outside
noise that occurs after 10:00 p.m.
Council Member Capra asked if there was a way that Mr. Bisek could have the pig roast
and meal outside and the band inside. Mr. Bisek indicated the indoor capacity was not
large enough to hold the number of people this event draws.
Council Member Nelson asked how many people they plan for. Mr. Bisek indicated they
plan for around 400 people and the inside capacity is 175. He also indicated the band's
equipment takes up a large amount of space and there just is not room for them inside.
Council Member Nelson asked what the hours would be. Mr. Bisek indicated the hours
were from 8:00 p.m. to 12:00 a.m.
Council Member Travis asked if Mr. Bisek knew about the complaint. Mr. Bisek
indicated he received a call from a reporter and that was the first he had heard of the
Issue.
Council Member Capra indicated there have been issues in the past with the noise
carrying and there was a concern during the festival at Chauncy Barrett Gardens with the
volume. She then asked if it was possible that the amps were bigger than in past years
and whether Mr. Bisek could check into that because it seems, in recent years, the band
has gotten louder and the sound carries farther.
Mr. Bisek indicated he did not believe the amps had gotten larger and stated that the
volume varies depending on the weather and humidity levels. He then stated that this
would be the sixth year that they have held this event and there have been relatively few
complaints with noise. He also indicated that the Rock'n Hollywoods is a family show
and appeals to a wide range of listeners.
Ms. Moore-Sykes questioned whether the neighbors were notified of the event. Mr.
Bisek indicated that all the neighbors within a two (2) or three (3) block radius of Kelly's
are notified and invited to come to the event at no cost to them to enjoy tlte party and
most do attend.
Council Member Nelson said she agreed that it is a good clean show and she thinks it is a
really good thing but she is concerned witlt the noise and would not vote to approve a
permit for noise later than 10:00 p.m.
Council Member Capra asked if it would be possible to have the band start at 7:00 and
end at 11 :00 p.m. Mr. Bisek indicated that would be difficult to do as the normal time is
8:00 p.m. to 12:00 a.m. He then said tltat the majority of people do not arrive until after
9:00 p.m. and cutting the show off at 11 :00 would really hurt the show.
Page 4 of 14
City of Centerville
September 11 . 2002
Council Meeting Minutes
Council Member Nelson asked what night of the week it was. Mr. Bisek indicated the
event takes place on a Saturday.
Mayor Swedberg commented that every resident has to abide by the ordinance that
requires that noise stop after 10:00 p.m. He then said that he had no problem with the
event but he feels that the noise ordinance should apply in this case as well.
Council Member Travis suggested getting together with the residents that are concerned
with the noise to discuss it rather than denying the permit.
Mr. Bisek indicated he always tries to work closely with the neighbors and commented
that in a Mixed Use district there can be issues but he has always addressed those issues
when they are raised to him. He then indicated that after the Octoberfest event he puts
together a crew of people to clean up garbage within a half-mile radius of Kelly's in an
effort to do more than would be expected.
Mr. Tom Dario, 1573 Peltier Lake Drive, indicated he plays in a band and one thing that
might help would be to put a tarp up all the way around the tent to knock down the noise.
Mr. Bisek indicated that in some years the tent has been closed and sometimes it is not,
depending upon the weather. He then said he would be amenable to having sides on the
tent.
Council Member Capra commented that there are no leaves at this time of year to help
buffer the noise and putting sides on the tent would help.
Ms. Mary Jane Lang, 1559 Peltier Lake Drive, indicated she has never been to the event
but has heard music at her house. She then said she does not place Mr. Bisek in the same
category as the rest of the City because he pays high licensing fees to operate his business
and she does not feel that one (1) night a year is a big deal for what he pays for licensing
fees. She also said she did not feel that one (1) night a year was too much to help out one
ofthe City's businesses because the City wants to keep its businesses in Centerville.
Ms. Donna Germain, 1548 Peltier Lake Drive, indicated she agreed with Ms. Lang that
one (1) night of the year for someone who runs a business in town is not too much. She
then stated that she feels he should be allowed to have the event this year as it is so close
and money has been invested in scheduling the event. She further commented that
hundreds of residents attend the event and a handful of complaints should not cancel the
event.
Motion bv Council Member Travis. seconded bv Council Member Capra to approve
the noise permit for Kellv's Octoberfest as reauested.
Council Member Capra requested that the sides be placed on the tent and the amps be
turned down ifthat is possible. Mr. Bisek agreed to do so.
VOTE: Aves - 2. Navs - 2 (Nelson/Swedbel1!). Motion failed.
Page 5 of 14
City of Cenlerville
Seplember II. 2002
Council Meeting Minules
2. 21 sl Avenue Joint Powers Agreement with Lino Lakes
Ms. Moore-Sykes indicated that the Joint Powers Agreement would need to be approved
by Council in order for the joint reconstruction of21 sl Avenue to proceed.
Mayor Swedberg asked if the City Attorney had reviewed the document.
City Attorney Hoeft indicated the document was presented some time ago and there were
some changes made to it and a few more that need to be made. He then indicated that
Ms. Moore-Sykes has asked that language be included to define what "to the south"
means.
Mr. Peterson indicated that has been defined but the City does not have the most recent
copy.
City Attorney Hoeft indicated he has no issues with the agreement but makes no
representation as to whether or not the City should enter into it. He further commented
that the document would do what it needs to do if Council wishes to proceed.
Mr. Palzer indicated the document has been in the works for four (4) years and
Centerville has held it up in the past. He then indicated he would recommend moving
forward at this time.
Council Member Capra asked whether the road would be constructed to Centerville's
specifications. Mr. Peterson indicated the road would be built to Centerville standards.
Mayor Swedberg indicated there is heavy truck traffic on the road and asked whether the
road would be constructed to handle that weight. Mr. Peterson indicated that some of the
operations to the south would not exist in years to come but said the road is designed to
be a 9-ton road.
Mr. Palzer indicated the dirt operation has recently provided a separate entrance to 20lh
Avenue.
Council Member Travis commented that the Exhibit A he had seen talked of a 50/50 split
but the project included an east road and a pond that was on Lino's side. Mr. Palzer
indicated the City would only be responsible for splitting the road in Centerville. He then
indicated that Mr. Peterson has contacted the Rice Creek Watershed District concerning
the ponding.
Ms. Moore-Sykes indicated the City is not responsible for anything on the Lino Lakes
side.
Council Member Nelson asked Staffto make sure of that.
Page 6 of 14
City of Centervil1e
September II, 2002
Council Meeting Minutes
City Attorney Hoeft indicated the City could approve the document subject to the
clarification through subparagraph (a) and Exhibit A to define what the City is
responsible for. Mr. Peterson indicated that there is more current language that the City
does not have.
City Attorney Hoeft recommended approval subject to review and approval of the City
Engineer and City Attorney on the final draft language ofthe Joint Powers Agreement.
Council Member Nelson indicated she would like to have the dollar amounts in the
document. Mr. Peterson indicated that those figures are not yet available.
Ms. Moore-Sykes indicated that the figure of $166,500 has been inserted into Resolution
02-037 as the City's portion ofthe reconstruction.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve the Joint Powers Al!reement with Lino Lakes rel!ardinl! the reconstruction
of 21st Avenue subiect to the approval of Centerville's City Attornev and City
Enl!ineer.
City Attorney Hoeft pointed out that under paragraph 1 (a) of the Joint Powers Agreement
the City of Centerville retains the right to review and approve the final plans before
advertising for bids and Centerville can terminate the project before the award of any
construction contract.
VOTE. All in favor. Motion carried unanimously.
3. Resolution #02-037. Ordering and Receiving of a Feasibility Report Submitted by
the City of Lino Lakes' Engineering Firm (TKDA). Ordering the City of
Centerville's Engineering Firm (Bonestroo) to Review the Same. Work
Jointly/Cooperativelv with Each Other in Regards to Citv Specifications &
Calling for a Public Hearing on Street and Storm Sewer hnprovements _ 21 st
Avenue.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve Resolution 02-037 as presented. All in favor. Motion carried unanimously.
4. Consideration of Parks & Recreation Recommendations
Ms. Moore-Sykes indicated there was a memo from the City Clerk in packets regarding
the recent recommendation from the Parks and Recreation Committee recommending that
Council designate $26,000 in charitable gambling funds for the renovation of the existing
warming house. She then commented that the Lions had contacted architects to
commence concept plans for the renovation and should have something for Council
review in October. She also indicated that Mr. Peterson of the Committee has requested
Page 7 of 14
City of Centerville
September ] I, 2002
Council Meeting Minutes
that Council approve a request for funding from Dead Broke Saddle Club and the Spring
Lake Park Lions for bleachers and bike racks.
Mayor Swedberg indicated the ordinance states that 10% is to be spent on police and fire.
He then asked if the City needed to set aside $2,600 for the police department.
City Attorney Hoeft indicated that the $26,000 in charitable gambling funds was added to
the general fund and the general fund finances the police department so the City does not
need to designate dollar for dollar when a contribution is received.
Council Member Nelson indicated she did not like the fact that the City has the $26,000.
Council Member Capra indicated the City does have the money and she would like to see
it used so that the City does not have it any more. She then said she would like to wait on
designating funds until she has seen a proposal.
Council Member Travis indicated he felt this would be a good use for the money.
Motion bv Mavor Swedbere. seconded bv Council Member Travis to approve the
concept of the warminl! house awaitine the plans that would be presented to Council
later on and that Council would accept the recommendation of Parks and
Recreation Committee to spend the $26.000 on the warminl! house at Laurie
LaMotte Park with details to be determined at a later date. All in favor. Motion
carried unanimouslv.
Motion bv Mavor Swedbere. seconded bv Council Member Nelson to direct the City
Administrator to contact Dead Broke Saddle Club and the Sprine Lake Park Lions
for charitable l!ambline funds for the purchase of bleachers and bike racks. All in
favor. Motion carried unanimouslv.
5. Resolution #$02-038. Fund Transfers - Oversizing
Ms. Paulseth indicated that this Resolution would continue the clean up efforts with
regard to the capital projects. She then indicated that there has been a lot of contact with
developers from Eagle Pass I and II and those amounts have been paid. She also
indicated that City Attorney Hoeft is following up on the other projects.
Motion bv Mavor Swedbere. seconded bv Council Member Nelson to approve
Resolution #02-038 as presented.
Council Member Nelson clarified that this does not reduce what the developers owe the
City, as this is the City's portion.
VOTE: All in favor. Motion carried unanimously.
Page 8 of14
City of Centerville
September 11, 2002
Council Meeting Minutes
6. Resolution #02-039. Fund Transfers - 2002 Budgeted Enterprise Funds
Ms. Paul seth indicated it was the practice of the City in the past to budget a certain
amount of money to transfer from the water and sewer fund to reimburse the general fund
for administrative time.
Council Member Nelson asked if this is on the payroll spreadsheet for payment for work
done for water and sewer.
Ms. Paulseth indicated this is in addition to those automatic payments.
Council Member Nelson asked how the City comes up with this number.
Ms. Paulseth indicated she was not sure how the numbers were determined in years past
but said this was a mechanism to reimburse the general fund for administrative costs
related to the utility systems and the City is now doing a better job of allocating those
costs directly.
Mayor Swedberg asked if the City needed to do this. Ms. Paulseth indicated it is
Council's discretion on whether to do the transfer. She then noted that the general fund
reserve is a little below where it should be.
Council Member Nelson suggested completing the transfer this year because it was a line
item in the budget but said that the City should not do it going forward because it is not
clear how the City can tie it into actual documentation for the amounts.
Ms. Paulseth indicated it has been budgeted for in the past but has not been done. She
then said that Council does have the authority to transfer the funds.
Mayor Swedberg said he would like to only charge the water and sewer fund for those
things that involve the utility system not to supplement the general fund.
Council Member Nelson indicated she did not feel that moving the funds was responsible
and it should not be done.
7. Police Update
Mayor Swedberg indicated the City of Lexington has asked for discussions concerning
the funding of the police department and he is not sure what that means but changing the
funding formula for the police department would not be favorable for Centerville. He
then said that Ms. Moore-Sykes, a Council Member and a resident from the community
are to be part of the task force to discuss the matter. He then suggested nominating
Council Member Nelson and Ms. Cindy Hobscheid.
Council Member Travis asked who Cindy Hobscheid was.
Page 9 of 14
City of CenterviUe
September 11 . 2002
Council Meeting Minutes
Mayor Swedberg indicated she is a resident of Centerville who's current employment is
in the capacity of bookkeeper for Columbus Township.
Motion bv Council Member Capra. seconded bv Council Member Travis to approve
the appointment of Council Member Nelson and Ms. Cindy Hobscheid to the Police
Review of Joint Powers Task Force. All in favor. Motion carried unanimouslv.
VI. CONSENT AGENDA
1. The City of Centerville August 29, 2002 through September 11, 2002 Claims
2. Centennial Fire District September 3, 2002 Claims
Motion bv Council Member Nelson. seconded
approve the Consent Aeenda as presented.
unanimouslv.
bv Council Member Travis to
All in favor. Motion carried
VII. APPROVAL OF COUNCIL MINUTES
1. August 28. 2002 Council Meeting Minutes
Motion bv Council Member Nelson. seconded bv Council Member Travis to
approve the Aueust 28. 2002 Council Meetine Minutes as presented. All in favor.
Motion carried unanimouslv.
VIII. ANNOUNCEMENTS/uPDATES
1. 1540 Peltier Lake Drive
City Attorney Hoeft updated Council on the residence located at 1540 Peltier Lake Drive
and indicated that the administrative search warrant was complete and, after being signed
by Mr. Palzer would be presented to the district court judge for signature.
Ms. Donna Germain, 1548 Peltier Lake, questioned when the clean up would begin.
City Attorney Hoeft indicated that after the search warrant is signed by the judge his
office would schedule all the necessary parties to go out to the property and, from that
point, assessments would be made as to what needs to be done first. He then said it
would be a week or two before real clean up began, unless, there is a need for immediate
clean up due to a life/safety threat.
Ms. Germain indicated it sounds like a long-term process and does not sound like it
would actually happen in a couple of weeks.
City Attorney Hoeft indicated he was not sure how quickly the clean up could begin but
he felt it was a matter of a week or two and not much longer.
Page 10 of 14
City of Centervi11e
September 11,2002
Council Meeting Minutes
Ms. Germain questioned whether the property would be monitored to make sure this does
not happen again. City Attorney Hoeft indicated he was not sure how the property would
be monitored but indicated that Staff and residents would need to make sure that any
violations be reported immediately.
Mayor Swedberg indicated he would think there would be preventative measures taken
before the property returns to the current state.
2. Capital Proiects
Ms. Paulseth indicated it was her recommendation to transfer funds from the general fund
to clear up the deficits and let City Attorney Hoeft continue with collection efforts.
Council Member Nelson indicated she does not want to use the general fund but would
like to have City Attorney Hoeft collect the funds and use them to pay off the deficits.
Mayor Swedberg asked for a time frame for collection. City Attorney Hoeft indicated he
would like to have a summary completed for Council review at one of the next couple of
meetings.
Council Member Capra said she thought the City Attorney was to proceed with Lakeland
Hills. City Attorney Hoeft indicated he has not begun to proceed against Lakeland Hills
as his intent was to do an overall analysis of the files.
Council Member Capra indicated she would like to begin the process on Royal Oaks and
Lakeland Hills as those are two ofthe largest and they are not willing to pay.
Ms. Paulseth clarified that she did not intend that the general fund should absorb the
deficits but loan the money and carry the receivable in the general fund. She then
clarified that it is not a proper accounting procedure to carry a deficit fund.
Council Member Nelson indicated she would like to see the City moving forward on the
group together.
City Attorney Hoeft indicated he hoped to be able to advise Council at one of the next
two meetings as to how the City can proceed against the developers.
Council Member Nelson asked that, since there is a Council Member who has one of
these bills, would we want to have that discussion because it is litigation in a closed
session and should that Council Member who is involved be present for that closed
seSSIOn.
City Attorney Hoeft indicated that any discussions concerning litigation strategy would
occur in a closed session. He then said that discussing the development that the Council
Member is directly involved in would not be appropriate if the Council Member is in
Page 11 of 14
City of Cenlerville
September 11 . 2002
Council Meeting Minutes
attendance and the same would be true for discussing strategies for handling the files
overall.
Mayor Swedberg asked if it is common to have sanitation facilities at worksites and does
the City require it.
Mr. Palzer indicated they are on larger commercial work sites but rarely on residential
buildings. City Attorney Hoeft indicated there is no requirement.
Mayor Swedberg asked if the City could require sanitation in the developer's agreement
going forward.
Ms. Moore-Sykes indicated that Mr. Cook had taken photographs of Eagle Pass and there
are silt fences installed and the road has been cleaned up.
Mayor Swedberg indicated that it is very important that the silt fences function and the
City needs to be diligent.
Council Member Capra indicated that the water problem on Quebec Street creates a
problem in the street in the winter because the water has nowhere to go and flows out into
the street and freezes causing a hazard.
Mr. Palzer indicated that in areas similar to this the City has provided drain tile along the
back of the curb and allowed residents to hook sump pumps into that to keep the water
off the streets.
Mr. Palzer suggested the City run the drain tile right up to the house and assess the
resident a nominal fee to do so.
Council Member Nelson indicated that the City would need to do the same for all
residents.
Council Member Travis indicated this method of correcting the problem with the sump
pumps is a viable option in areas where there is a lot of groundwater and there is no place
to put it once it is pumped.
Council Member Capra indicated this would be easier to do at the time of development
rather than later. She then asked how the City could keep this type of issue from
happening in the future because, historically, the Engineer comes out and approves the
grade but then the lot sits there and erosion changes the grade before the house is built.
Council Member Nelson indicated she would like to know what the cost would be to do
this for all the houses already built in the City of Centerville.
Council Member Capra indicated the problem does not affect all properties just those
with no place to put the water and that water causes issues out in the street.
Page 12 of 14
City of Centerville
September 11, 2002
Council Meeting Minutes
Mr. Palzer indicated there are three or four other areas affected with roadway issues due
to the water.
Council Member Nelson indicated she would like to know the cost to fix the areas
referred to and she would like those areas identified. Mr. Palzer indicated they are all off
of Center Street.
Council Member Capra indicated she would like Council approval to investigate the
potential costs.
Consensus was to investigate the costs associated with the installation of drain tile in the
areas discussed.
3. Building Permit Fees
Ms. Moore-Sykes indicated that the City Clerk had begun conducting research to answer
the building permit fee question as requested by Council. She then indicated that the
surrounding cities appear to charge a lesser building permit fee but there are additional
charges that need to be paid whereas Centerville has one fee that is higher but covers
everything needed. She then indicated that Staff would continue to research the matter
and provide a report to Council.
Mayor Swedberg reminded Staff that Council had asked for more than just the adjoining
cities it had asked for the Class 7 cities.
4. Pending Issues
Ms. Moore-Sykes reminded Council that the tri-city meeting was scheduled for
Thursday, September 12, 2002 at 7:00 p.m.
Council Member Travis asked what the issues with Hugo were. Ms. Moore-Sykes
indicated the agenda was posted in the foyer.
Ms. Moore-Sykes indicated that Council Chambers was being used by other groups on
September 16, 2002 and September 30, 2002 and asked if Council desired rescheduling
the work sessions for those nights or move to another location.
Mayor Swedberg indicated he would like to meet in the offices or public works in order
to keep on the schedule.
Ms. Moore-Sykes indicated she received a call from Mr. Tschida and he apologized for
the delay in providing appraisal information but said that the City of St. Paul has decided
to offer the lake shore owners the lake front property and that has slowed down the
process.
Page 13 ofl4
.4
City of Centerville
September II. 2002
Council Meeting Minutes
Council Member Travis indicated he had received a call from a resident indicating they
wanted to be kept up to date on the correspondence with the church.
Ms. Moore-Sykes indicated she would keep residents informed if they provided names
and addresses to her.
Council Member Nelson indicated she would not be in favor of saying the City is against
the church coming in but would like to be involved in the process to help with traffic
issues for the City.
Council Member Nelson asked to be part of the discussion with Lino Lakes.
Mayor Swedberg suggested using The Week in Review to keep residents informed on
any information received on the church.
IX. ADJOURNMENT
Motion by Council Member Nelson. seconded by Council Member Capra to adiourn
the September 11. 2002 Citv Council Meetinl! at 8:34 p.m. All in favor. Motion
carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 14 of 14
. .
CITY OF CENTERVILLE
CITY COUNCIL WORK SESSION MEETING
SEPTEMBER 16, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
wo,k ""ion on Septembe< 16, 2002, at City Holl, 1880 Main Str"t. c9J
PRESENT: Mayor Tim Swedberg r:t/fPJ 0
Cound! Mombet Dick Tmvi, r?@ lS7
Council Member Mari Nelson. rOJ U
ABSENT, Council Mombet C'P'" . Ii;\ rOJ Lf'
Council Member Broussard V~ Lf' .
STAFF:
City Administrator, Ms. Moore-Sykes
Finance Director, Ms. Ellen Paulseth
I. CALL TO ORDER
Mayor Swedberg called the September 16, 2002, Work Session meeting to order at 6:30
p.m.
II. SET AGENDA
III. A W ARDS/PRESENT ATIONSI APPEARANCES
IV. PUBLIC HEARlNG(S)
V. COUNCIL BUSINESS
1. Personnel Policy
The Council discussed the proposed personnel policy and requested several
modifications.
VI. CONSENT AGENDA
VII. APPROVAL OF COUNCIL MINUTES
VIII. ANNOUNCEMENTS/uPDATES
IX. ADJOURNMENT
Page 1 of2
.
..
The Mayor adjourned the Work Session meeting at 9:15 p.m.
c- ~~~4~~
Teresa Bender, City Clerk
Page 2 of2
CITY OF CENTERVILLE
CITY COUNCIL MEETING
SEPTEMBER 25, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on September 25, 2002, at City Hall, 1880 Main Street.
PRESENT: Mayor Tim Swedberg
Council Member Dick Travis (:) 0
counc~l Member BrfZ\'dlDi 0
ABSENT: Councll Member C~ Lr
STAFF: City Administrator Ms. Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
I. CALL TO ORDER
Mayor Swedberg called the September 25, 2002, City Council meeting to order at 6:30
p.m.
Mayor Swedberg noted Council Member Capra's mother had died and expressed
condolences.
II. SET AGENDA
Council Member Nelson requested that Eagle Brook Church be added under
. Announcements.
Motion bv Council Member Broussard Vickers seconded bv
Nelson to approve the a2enda as presented. All in favor.
unanimouslv.
Council Member
Motion carried
III. A WARDS/PRESENTATIONS/APPEARANCES
1. Mr. Robert Johnson - Anoka County Attornev (Joint Powers Agreement)
Mayor Swedberg indicated Anoka County Attorney Johnson was before Council to
present a Joint Powers Agreement for Public Safety Communications.
Mr. Johnson thanked Council for the courtesy of being able to be first on the agenda.
Page 1 of 15
Mr. Johnson indicated he was asking for approval of a Joint Powers Agreement for a
Public Safety Communications system. He then provided a brief history of public safety
communications in Anoka County.
Mr. Johnson indicated that five years ago the Joint Law Enforcement Commission
became concerned with public safety communications in some areas of the County
because it was difficult to get a signal and there were voiceovers on the channels due to
the volume of traffic.
Mr. Johnson indicated the FTC authorized a whole new band of frequencies for law
enforcement and, after review, the Commission recommended going to 800 megahertz to
be able to get the full ability to communicate within different parts of the police
community in the metro area once it is fully implemented. He then explained that, once
implemented, police could speak to fire or the highway patrol directly rather than through
dispatch.
Mr. Johnson indicated the County sought special legislation to be allowed to levy for
funding the system as a separate line item on the tax statement to be able to issue bonds
and have a 10-year payback period. He then said that the Legislature authorized 11
counties, including Anoka County to levy for funding the system.
Mr. Johnson described the purpose and terms of the Joint Powers Agreement. He then
pointed out that the County would spend $12.5 million and no more for the system. He
further indicated that the County expects to receive $3,000,000 in grants toward the
system and that will be used to buy down the levy amount.
Mr. Johnson explained that there are two parts to the system, infrastructure and radios.
He then said that the infrastructure is projected to cost a little more than $9,000,000 and
radios a little less than $3.5 million.
Mr. Johnson noted the Agreement says the County will build out the infrastructure and
any money left over will be used to buy radios. He then indicated the Agreement also
says that the County is making the initial buy and, after that time, further radio purchases
become the responsibility of the City as well as any user fees charged by the
Metropolitan Radio Board.
Mr. Johnson indicated that the City would be required to purchase the radios through the
County to maintain the standard.
Mr. Johnson indicated there was a paragraph in the document to cover the return of
unused funds bonded for the record system.
Mr. Johnson indicated that the numbers in Exhibit A are not exact and noted that the
money left over after putting in the infrastructure should be just under $2.5 million and
Page 2 of 15
they believe confidently that they will have something a little more than $2.5 million to
spend on radios among the cities.
Council Member Travis asked if Milo Bennett had reviewed the document.
Mr. Johnson indicated the Agreement had been before the Joint Law Enforcement
Council and the Fire Protection Council and both recommend approval.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to approve the Joint Powers A!!reement for Public Safety Communications
as presented. All in favor. Motion carried unanimouslv.
IV. PUBLIC HEARING(S)
1. Proposed Ordinance #70
Mayor Swedberg suggested tabling Ordinances 70 and 71 because some changes were
not in the documents.
Motion bv Mavor Swedber!! to table Ordinance 70 and Ordinance 71.
Mayor Swedberg withdrew his motion.
Council Member Nelson said she felt it was important to move on these so that when it is
urgent it is not too late.
Mayor Swedberg opened the public hearing at 7:40 p.m.
Motion bv Council Member Broussard Vickers. seconded bv Mavor Swedber!! to
continue the public hearine: to October 23. 2002. All in favor. Motion carried
unanimouslv.
2. Proposed Ordinance #71
Mayor Swedberg opened the public hearing at 7:40 p.m.
Motion bv Council Member Broussard Vickers. seconded bv Mavor Swedbere: to
continue the public hearine: to October 23. 2002. All in favor. Motion carried
unanimouslv.
3. Repealing Ordinances #28 and #59
Mayor Swedberg opened the public hearing at 7:41 p.m.
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to close the public he ann!!. All in favor. Motion carried unanimouslv.
Page 3 of 15
Mayor Swedberg closed the public hearing at 7:42 p.m.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to repeal Ordinance #28 and Ordinance #59. All in favor. Motion carried
unanimouslv.
4. Pronosed Street and Storm Sewer Improvements (21st Avenue)
Mayor Swedberg opened the public hearing at 6:59 p.m.
Mr. Peterson provided an overview ofthe proposed improvements to 21 st Avenue.
Mr. Peterson indicated the assessment was provided by Lino Lakes and explained that the
$52,190.00 under ponds is based on running the storm sewer from the low point at
Northern Lights Boulevard off the map out by Clearwater Creek and there is a lot of flat
grade storm sewer. He then pointed out that running the storm sewer due west, if the
City could get an easement, would reduce the cost significantly as it would only be 300
feet rather than 1200 feet.
Mr. Peterson indicated that the street is listed as $114,315 and that would drop if the
County agrees that a right turn lane is not needed at this time.
Council Member Nelson asked what the cost of the right turn lane was. Mr. Peterson
approximated the cost to be around $15,000.
Mr. Bob Sorge, owner of Noble Welding addressed Council and said he does not live in
town but his business has been located here since 1986 and he feels he is an asset to the
community. He then said that the road issue has been hell for them and he feels the City
let them down. He further commented that he cannot believe that Lino Lakes allowed
Rehbein to sell the property for a $3,000,000 business and did not require a road to be put
10.
Mr. Sorge indicated that no one cared about the businesses on that road until the Amoco
arrived. He then said that they have plowed it and graded it for 7 years and, now that
there is interest in going north, the City wants them to pay for the road which they feel
they have paid for over and over again.
Mr. Sorge said he feels the appreciation to his building is done and noted that lots down
the road are selling for $100,000 without the road improved. He then said that Mr.
Rehbein has gotten away with an injustice to all of them on that road for the sake of
making money.
Mr. Sorge indicated he would like to pay $15,000 for the road and he feels that is a high
number. He then said that Mr. Rehbein has $22,000,000 worth of land and he should pay
something to develop that land. He further commented that they do not need a nice road,
Page 4 of 15
the Amoco and Dairy Queen do. He also indicated that he would be fine with the pipe
through his back property as there is already an easement there and it would safe a lot of
money.
Mr. Sorge asked Council to look at what they have put up with having businesses located
on that road and what they have already had to pay. He then said that extending the road
assists the other property owner with the majority of the land in developing his property
and that property owner should pay to do so. He further indicated that he has been
paying taxes for 10 years and asked Council to be fair with its decision.
Mayor Swedberg commented that he felt Mr. Sorge was the most refreshing voice in two
years and then commented that there are no City coffers as referenced, that money is
taxpayer money. He then said he appreciated the comments.
Council Member Broussard Vickers indicated that they had been waiting a long time for
that road. She then said that development would be coming further down the street and
asked if the business owners in attendance wanted to wait on the road until development
further south picks up.
Mr. Sorge said that would be fine but he would like to see, at the minimum, a
maintenance program for the road.
Council Member Broussard Vickers asked for confirmation that they would be fine
without having the road paved. She then said that this is being pushed by Lino Lakes and
the City has not agreed to doing the road, only to review the costs.
Mayor Swedberg commented that there is nothing in the Joint Powers Agreement that
says the City has to go all the way with this project.
Council Member Broussard Vickers indicated the City has been looking at this for a long
time and the numbers that she has seen look like a $25,000 assessment from the business
owners and that is a lot different than $15,000. She then said she would like to hear
comments but this is not a done deal as far as the City is concerned.
Mayor Swedberg commented that sooner or later the road has to get paved and has to be
built to design specifications to handle large trucks. He then said that the property
owners would eventually be assessed for the improvement and, in the future, that
assessment would only be higher.
Mr. Sorge indicated that he would love to see curbs and gutters as he thinks it would be
the right thing to do for ongoing development and he thinks Centerville needs to think in
terms ofthe commercial property in the back. He then suggested taking care of the water
from the Centerville side ofthe street and letting Lino Lakes take care of their own water.
Page 5 of15
Council Member Broussard Vickers explained that the costs listed are already split in half
with Lino Lakes. She then suggested waiting until the project is bid so that the City has
exact dollar numbers rather than the estimates before determining whether to proceed.
Mr. Sorge indicated he would like to see what the costs are and then make a decision.
Mr. Jim Kosar indicated he owns ADL and then questioned where the sewer pipe would
run. Mr. Peterson explained the location of the sewer pipe.
Mr. Kosar indicated he would prefer to use the ditch system rather than the storm sewer.
Mr. Peterson explained that when curbs are added to the street the water has to drop into
structures and then be taken out by a pipe. He also said that it is a better system than
allowing water to flow offthe curb into the grass.
Mr. Kosar asked how all of this would improve his business. Council Member Broussard
Vickers indicated it would add value to the property.
Mr. Matt Dassel and Mr. Kosar indicated they would be willing to pay $15,000 to
improve the road.
Mr. Dassel asked what could be done to keep the cement trucks and black dirt trucks
from destroying the road once it is constructed. He also asked how the road would be
kept clean as the black dirt trucks track dirt allover.
City Attorney Hoeft indicated the City could not prevent them from using the road.
Council Member Nelson indicated she understood they have voluntarily rerouted traffic.
Council Member Broussard Vickers asked if they would be responsible for hauling
material onto the road surface.
Mr. Kosar commented that the heavy trucks would tear up the road. Council Member
Broussard Vickers indicated the road would be designed to handle the truck traffic.
Council Member Travis indicated the City has a problem with a property owner over
there so technically the City does not have access through that land.
Mayor Swedberg commented that Mr. Carpenter owns a portion of Fairview Street.
Mr. Sorge asked for a timeline for the project. Council Member Broussard Vickers
indicated that Lino expected construction to begin in the spring.
Mr. Sorge suggested that Lino Lakes needed to pay because the Dairy Queen and the
Amoco need the road more than they do. He then said that Lino let Mr. Rehbein get
away with it.
Page 6 of 15
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to close the DubUc hearine. All in favor. Motion carried unanimouslv.
Mayor Swedberg closed the public hearing at 7:38 p.m.
V. COUNCIL BUSINESS
1. Resolution #02-040. Dead Broke Saddle Club
The applicant explained that this was an amendment, not a renewal of the license.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Travis to aDD rove Resolution #02-040 as Dresented. All in favor. Motion carried
unanimouslv.
2. Resolution #02-041. Awarding the Sale of$635.000 GO Bonds
Mr. George Eilertson indicated there had been a slight change in the schedule and noted
his company is recommending waiting for two weeks to issue the bonds because the bond
market is flooded and it would be more difficult for the City to receive a good rate with a
lot of competition. He then asked Council to approve, by motion, amending the sale date
to October 9, 2002.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to amend the sale date to October 9. 2002 as recommended bv Staff. All in
favor. Motion carried unanimouslv.
3. Mr. Bill Bisek. Kelly's Komer - Noise
Mayor Swedberg explained that this was heard at the last meeting and the vote was two
to two.
Council Member Travis pointed out that the matter was not tabled as noted on the
agenda.
Mr. Bill Bisek of 7098 Centerville Road addressed Council and indicated that his fall
festival and customer appreciation evening with the Rock'n Hollywoods and a pig roast
is coming up in two weeks and this would be the sixth year, if approved.
Mr. Bisek indicated he had spoken to the band concerning the noise complaints and the
band indicated it is possible to turn the amps down slightly without affecting the show.
He then indicated that he would oversee the person running the sound board to mak;e sure
that the sound is turned down.
Mr. Bisek indicated he had spoken to the tent provider and it is possible to place sides on
the tent but noted some areas would need to be open for safety and exit reasons.
Page 7 of 15
Mr. Bisek indicated he was approached by many and had many calls of support wanting
the show to go on to the point where he could have brought hundreds of people to this
meeting but he said he discouraged them because that would not have been productive.
He then read a letter in support he had received from one of his neighbors.
Mr. Bisek indicated that he is aware of the situation with mixed use and always tries to
resolve issues with his neighbors. He then noted there have only been minor issues with
the Rock'n Hollywoods show and, with added security, he feels it would be a nice clean
family type show. He then said he would appreciate Council's consideration as there was
only two weeks until the show.
Mayor Swedberg indicated that Council Member Capra had previously voted to approve
this matter and asked what happened because she is absent. City Attorney Hoeft
explained that only those four people in attendance would get to vote on the matter.
Mayor Swedberg reiterated his statement from the previous meeting that, as he reads
Ordinance #49, there is no variance in the procedure to allow for noise after 10:00 p.m.
Council recessed at 7:48 p.m.
Council reconvened at 7:55 p.m.
Mayor Swedberg indicated the law had been on the books for 13 years and he thinks the
laws were written for a purpose and he would like to define what the purpose is. He said,
in the City Attorney's opinion, Mr. Bisek could be granted a permit. He then asked if
Mr. Bisek would modify the permit to go from 7 :00 p.m. to 11 :00 p.m.
Mr. Bisek explained that he had tried that once but 11 :00 is when the bulk of the people
are there and the bulk of the festivities are going on. He then said that he had done some
thinking about that suggestion after the last meeting and the other issue he sees with it is
that ending the festivities at 11 :00 p.m. creates a crowd control issue because no one
wants to go home at 11:00 p.m. and they all want to go into Kelly's and there is not
enough room.
Motion bv Council Member Travis. seconded bv Council Member Broussard
Vickers to approve the noise Derroit for Kellv's for the Rock'n Hollvwoods as
reauested.
Council Member Broussard Vickers indicated she was not at the meeting when this was
discussed the first time. She then said that she feels that Mr. Bisek has done everything
possible and everything that was asked of him by Council. She further commented that
she would like to see the sound turned down a bit and the sides on the tent extended to
hold down noise.
Page 8 ofl5
Council Member Broussard Vickers commented that she is aware of only one individual
coming to Council with a complaint about the noise and she would have thought that the
person, since she indicated she had lived there for 20 years, would have left long ago if
things were that bad. She then indicated that there are many, many more residents that
attend the event and enjoy the event and she does not feel that allowing this for one night
a year on a Saturday night is an unreasonable request.
Council Member Broussard Vickers commented that Mr. Bisek, as a business owner in
Centerville, has been open to suggestions of Council and has attempted to comply with
any requests made of him and she thinks this is warranted.
Council Member Nelson commented that a year ago a letter was received on the noise
and she has received a number of calls. She then said she is tom on her decision because
she feels it is a good clean family event but said she would not vote to approve midnight
but would vote to approve II :00 p.m.
VOTE: Aves - 2. Navs - 2 (Swedberl!lNelson). Motion failed.
Mr. Bisek thanked Council for its time.
4. Suburban Inspections Contract
Ms. Moore-Sykes indicated that Staff received word that Mr. Peterson ins ending his
contract as of October 10, 2002 to do inspections for the City. She then indicated the
City has the option of using a state inspector or seeking another consult and asked for
direction as to how to proceed.
Council Member Travis asked whether Mr. Cook was qualified to do electrical
inspections. Ms. Moore-Sykes indicated that it was her understanding that Mr. Cook is a
building inspector not an electrical inspector.
Council Member Broussard Vickers asked why there was such short notice.
Council Member Travis suggested researching who Vadnais Heights and Hugo use for
electrical inspections.
Council Member Broussard Vickers suggested using the state inspector in order to avoid
delays while the City researches another consultant.
Mayor Swedberg asked if there were special requirements for an electrical inspector. Ms.
Moore-Sykes indicated that Mr. Palzer has a contact at the state and said Staff would
bring the state on to handle inspections while researching a consultant.
Ms. Moore-Sykes indicated the City was notified last week of the decision to end the
contract.
Page 9 of 15
Motion by Council Member Nelson. seconded by Council Member Broussard
Vickers to use the state electrical inspector for electrical inspections within the City.
AU in favor. Motion carried unanimously.
5. U.S. Bank - Designation of Persons to Access Safe Deposit Box & Resolution
#02-044. Authorizing Signatory
Ms. Moore-Sykes indicated the Finance Director had determined that there are some
missing documents and went to U.S. Bank to check to see what was in the safe deposit
box there but was denied access because neither the Finance Director nor she are
authorized signatories at the Bank. She then indicated that the Bank is requiring Council
action designating authorized signatories as well as requiring a former Mayor to verify
that Staff is who they say they are.
Council Member Travis asked how old it is. Ms. Paulseth indicated she was not sure but
said she thinks there may be deeds, titles and CD's in it.
Council Member Broussard Vickers asked Staff to look into eliminating the safe deposit
box once determining what is inside.
Motion by Council Member Broussard Vickers. seconded by Council Member
Travis to approve Resolution #02-044 as presented. All in favor. Motion carried
unanimously.
6. Resolution #02-042. GASB 34 Capitalization Limit
Ms. Paulseth indicated she has begun to work on the general fixed assets account group
as that was the primary reason why the City failed to receive a qualified audit opinion.
She then indicated that the new GASB system requires the City to set a limit of
capitalization and her recommendation would be to use $2,500.
Motion by Council Member Nelson. seconded by Council Member Broussard
Vickers to approve Resolution #02-042 with the capitalization amount bein!! $2.500.
All in favor. Motion carried unanimouslv.
7. Resolution #02-043. Amending the City's Investment Policy
Ms. Paulseth indicated that changes were made to the policy to replace Deputy Clerk
Treasurer with Finance Director as well as certain statutes as those were repealed and
renumbered. She also indicated that the policy would give Council the option of
appointing an investment committee, if desired.
Mayor Swedberg indicated he would like to have people outside the community to ensure
they are completely impartial.
Page 10 ofl5
Council Member Broussard Vickers asked how the City would get people to sit on a
committee voluntarily.
Mayor Swedberg indicated he would pay them to sit on the board for a once or twice a
year meeting because he feels that a third party is worth the expense.
Ms. Paulseth suggested leaving the definition of the committee open to Council
discretion.
Council Member Nelson said she would like to see the Finance Director, City
Administrator, one City Council Member, and two members of the community with a
background in public finance and no financial connection with the City. She then said
she would not want to see the Public Works Director involved in investments as that does
not seem appropriate to her.
Mayor Swedberg asked if setting up this committee would jeopardize the City's goal of
segregating duties. Ms. Paulseth indicated that Staff had provided all the policies to the
city's auditor and has been given approval by him. She further commented that she was
given the impression that the auditor feels he could eliminate the comment concerning
segregation of duties ifthe polices are implanted and in practice.
Motion by Council Member Nelson. seconded by Council Member Broussard
Vickers to approve Resolution #02-043. amendinl! the City investment policy to
chanl!e the investment committee portion of the policy on Pal!e 5 to delete the words
the public works director and that sentence would read. the committee shall consist
of five members defined as follows: City Finance Director. City Administrator. one
City Council Member and two members of the community with a backl!round in
public finance and no ("mandai connection to the City.
Mayor Swedberg indicated he would prefer two members at large. He then asked for
clarification of the duties of the committee as to whether they would be making a
recommendation to Councilor actual investment decisions. Ms. Paulseth indicated the
committee would review the investments and make recommendations to Council.
VOTE: All in favor. Motion carried unanimouslv.
Ms. Paul seth commented that there are significant amounts of money at the bank in Hugo
that Staffhas no access to at this time.
Mayor Swedberg indicated he had gone to the bank and signed a signatory card.
Ms. Moore-Sykes indicated the only one on the signatory card at the bank is a former
mayor.
Page 11 of15
Ms. Paul seth indicated it is a significant amount of money that is in a money market
account earning only 1.5% interest. She then indicated Staff would be brining a
recommendation to Council as to a better location for those funds.
Council Member Broussard Vickers commented that the money should be brought over
to Main Street Bank if the interest is better.
Ms. Paulseth indicated she had provided a purchasing policy and internal control
procedure for review. Mayor Swedberg indicated Council would discuss them at the
workshop.
Council Member Nelson asked that two issues be handled at the next workshop.
Ms. Moore-Sykes indicated the City Clerk is putting together bylaws for committees for
reVlew .
8. Mr. Theodore Hippe. 1833 Center Street
Ms. Moore-Sykes indicated that Mr. Hippe is seeking permission from Council to place
his fence within six inches of the property line as the City is the neighboring property
owner.
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to 2rant permission to the resident at 1833 Center Street to put the fence
closer than two feet from the property line. All in favor. Motion carried
unanimouslv.
VI. CONSENT AGENDA
1. The City of Centerville September 12, 2002 through September 25, 2002 Claims
for Approval
2. Centennial Fire District September 20 2002 Claims
3. Earth Burners Pay Estimate #2 (CSAR 14 Water Main Extension $31,955.15)
4. Earth Burners Change Order #1 (CSAR 14 Water Main Extension $8,750.00)
5. Park Construction, Pay Estimate #5 (pheasant Marsh 1 - $26,621.23)
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to approve the Consent Aeenda as presented. All in favor. Motion carried
unanimouslv.
VII. APPROVAL OF COUNCIL MINUTES
1. September 11. 2002 Council Meeting Minutes
Page 12 of 15
Motion bv Council Member Nelson seconded bv Mavor Swedbere to approve the
September 11. 2002 Council Meetine Minutes as presented. All in favor. Motion
carried unanimously.
Council Member Broussard Vickers abstained from voting.
VIII. ANNOUNCEMENTSIUPDATES
1. 1540 Peltier Lake Drive
City Attorney Hoeft indicated his office had obtained the executed search warrant and is
in the process of working with City Staff to coordinate the schedules of those that need to
be at the home when the warrant is acted upon.
Council Member Nelson commented that it seems like Staff has been lining up that date
for a week or two. City Attorney Hoeft explained that he had received the executed
search warrant late last week and had contacted the City Clerk who agreed to coordinate
all parties involved and schedule it.
Ms. Moore-Sykes indicated that Staff is attempting to contact children of the resident to
make sure she is adequately represented when the search warrant is used. She also
indicated that Staff is coordinating with the County.
Council Member Nelson indicated she was told by the City Clerk that the City Clerk was
concerned that there may be privacy issues and she was not sure how much information
could be discussed with individual Council Members. City Attorney Hoeft indicated he
had spoken to the Clerk about that and told her there is no issue with regard to that.
2. Capital Proiects
City Attorney Hoeft indicated he did not have time to check with the litigation
department at his office for an update on the capital projects but said he would provide an
update at the next meeting.
3. Right ofWav Ordinance
Mayor Swedberg asked if the engineer and attorney approve of the right-of-way
ordinance.
Ms. Moore-Sykes indicated that Staff had asked the City Engineer and City Attorney to
review the draft ordinance and provide comments. She then indicated that the City
Engineer had reviewed the document and Staff is waiting for the comments of the City
Attorney, if any.
City Attorney Hoeft indicated he had given it a cursory review and said he would review
it more in depth and provide any comments to Staff.
Page 13 of 15
Mayor Swedberg directed Staff to schedule the public hearing for the ordinance.
4. Pending Issues
Ms. Moore-Sykes indicated pending issues is a place on the agenda for Council to ask for
updates on ongoing matters.
Council Member Nelson asked for the status of the Sensus water meter training.
Ms. Moore-Sykes indicated there was a problem with running the software on the
computers the City has and training was not scheduled because the software needs to be
up and running so it can be used when Staff returns from training. She then indicated that
Staff took an old computer to Comp USA and had it revamped for $300 so that it would
run the Sensus software.
Council Member Nelson asked Staff to contact Mr. Drilling concerning the trail on the
west side of Appletree Square.
Council Member Nelson indicated the web site looks better all the time but noted she was
unable to download the minutes. Staff indicated that all minutes and agendas for Park
and Recreation and EDC are up and running but Staff has been attempting to meet a
deadline of October 11, 2002 with all the other items so Council Minutes are not yet
available.
Ms. Moore-Sykes indicated that Staff is looking to have something for Council
consideration at the meeting on October 9, 2002.
Council Member Nelson indicated she would like the City to write a letter to Lino Lakes
expressing support for the Eagle Brook Church project and suggesting alternatives for the
traffic problem.
Mayor Swedberg indicated Council had discussed alternatives in conjunction with the
alignment of County Road 14. He then said that the Eagle Brook Church project is in the
early planning stages and asked Ms. Moore-Sykes to contact Lino Lakes to be included in
the mailing list for information on Eagle Brook Church.
Mayor Swedberg said he does not want to take a position on this when it is a long way
off and another Council will have to make the decision in the future.
Ms. Moore-Sykes indicated an environmental worksheet in being conducted for the
Church.
Council Member Nelson indicated she has had a number of calls asking where the City of
Centerville stands on the matter and she has been telling them the Church is not in
Centerville's jurisdiction but the City is concerned about the traffic.
Page 140fl5
Council Member Broussard Vickers indicated she did not want to take a stance and tell
Lino Lakes that they should or should not do something with regard to their land because
she would not want Lino Lakes to tell Centerville what to do with its land. She then said
that Staff could contact Lino and indicated that Centerville is concerned about the
potential traffic impact to the City.
IX. ADJOURNMENT
Motion bv Council Member Broussard Vickers seconded bv Council Member
Nelson to adiourn the September 25. 2002 City Council Meetinl! at 8:40 p.m. All in
favor. Motion carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 15 of15
CITY OF CENTERVILLE
CITY COUNCIL WORK SESSION MEETING
SEPTEMBER 30, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
wod< ,","00 00 Septeml= 30, 2002, " C;ty Hal~ [880 Maffi Str"". A
PRESENT: Mayor Tim Swedbergc;:. 19J
ABSENT: Council Member Capra !J 0
Council Member Broussard V c er
Council Member Dick Travis
STAFF:
City Administrator, Ms. Moore-Sykes
Finance Director, Ms. Ellen Paulseth
I. CALL TO ORDER
Mayor Swedberg called the September 30,2002, Work Session meeting to order at 6:30
p.m.
II. SET AGENDA
III. A W ARDS/PRESENT ATIONS/APPEARANCES
IV. PUBLIC HEARING(S)
V. COUNCIL BUSINESS
1. Benefit Plan/Flex Plan
The Council discussed the proposed benefit plan/flex plan and requested several
modifications.
2. Standardized By-Laws
The Council discussed the proposed Ordinance for Committee/Commission by-laws and
requested several modifications. Discussion was had regarding the addition of
information in regards to the conduct/process of meetings.
Additional discussion was had in regards to the necessity of additional work sessions.
Page I of2
VI. CONSENT AGENDA
VII. APPROVAL OF COUNCIL MINUTES
VIII. ANNOUNCEMENTS/uPDA TES
IX. ADJOURNMENT
The Mayor adjourned the Work Session meeting at 8:30 p.m.
Page 2 of2
~
CITY OF CENTERVILLE
CITY COUNCIL MEETING
OCTOBER 9, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on October 9, 2002, at City Hall, 1880 Main Street.
PRESENT: Mayor Tim Swedberg ~
Council Member Dick Travis 'fO"j 19J
Council Member Mari Nelson \...27
Council Member Capra D. 0
ABSENT: None.
STAFF:
City Administrator, Ms. Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
I. CALL TO ORDER
Mayor Swedberg called the October 9, 2002, City Council meeting to order at 6:30 p.m.
II. SET AGENDA
Mayor Swedberg requested that a discussion of requesting proposals for auditor services
be added as Item 14, financials on the web be added as item 15, and security at
Centerville Elementary during the election be added as Item 16.
Council Member Capra requested that rental property and cable commission franchise
update be added under updates.
Motion bv Council Member Nelson seconded bv Council Member Capra to approve
the ae:enda as amended. All in favor. Motion carried unanimouslv.
III. AWARDS/PRESENT ATIONS/ APPEARANCES
None.
IV. PUBLIC HEARING(S)
1. Mr. & Mrs. John Buckbee. III - Rezone Reauest
Page 1 of 13
.
Mayor Swedberg indicated the Buckbee property rezone public hearing was to be held at the
Planning and Zoning meeting earlier this month but there was not a quorum at that meeting so it
could not be held. He then explained that the notice was placed in the paper for this meeting but
residents within 350 feet were not notified by letter as is required so the public hearing could not
be held at this meeting.
City Attorney Hoeft confirmed that in order for the public hearing to be held residents within 350
feet of the subject property needed to be sent a letter and that did not happen. He then explained
that residents could speak to the issue if they chose but noted the comments would not be part of
the public record for the public hearing on the rezoning.
Ms. Moore-Sykes asked how this would affect the 60-day rule. City Attorney Hoeft indicated
there were several options available to the City, including getting the applicant to sign an
extension, having the City extend the timeframe on its own due to lack of quorum at the Planning
Commission meeting, or denying the request so as not to go past the 60 days.
Council Member Capra indicated the date on the application is September 6, 2002.
Ms. Moore-Sykes indicated the November Planning Commission meeting was rescheduled to
November 12, 2002 due to the election.
Council Member Nelson indicated residents could speak tonight and at the public hearing if they
wished to do so.
City Attorney Hoeft recommended placing the matter on the next Council agenda and said that
Staff would determine what needed to be done concerning the 60-day time frame.
Council Member Nelson indicated she would like to hear anyone who wished to speak and then
said that she would like to have a recommendation from Planning and Zoning somehow.
Ms. Moore-Sykes indicated the second public hearing could be held on November 12, 2002 at
the Planning Commission meeting and Staff could provide the recommendation to Council at the
November 13, 2002 Council meeting.
Mayor Swedberg confirmed that the first public hearing on the Buckbee rezoning would be held
on October 23, 2002 at the Council meeting.
Council Member Capra asked if residents could submit letters for the public hearing if they
wanted to rather than coming back. City Attorney Hoeft indicated that residents could submit
letters to be part of the public record for the public hearing.
A resident indicated that the map provided was not accurate. City Attorney Hoeft indicated the
map provided was for reference only and noted that the property lines are controlled by the legal
descriptions. He then indicated that Rice Creek would not become involved in the process until
there was a request for development. He further commented that he did receive comments from
Page 2 of 13
the St. Paul Water Utility concerning some private restrictions between the owner and the utility
but those should not impact the rezoning request.
Ms. Moore-Sykes indicated the map provided was received from the County and is not a City
map.
Mayor Swedberg asked Mr. Peterson to provide City Staff with a more accurate map to send to
residents.
A resident asked questions about the Cl property and commented that he understood that to be
land set aside for conservation. Council indicated that CI was a designation made for future
trails but indicated the City did not own the property and refusing to rezone it would amount to a
taking of property.
A resident indicated the proposed road easement would go right into the CI property. She then
asked how that would work.
Mrs. Buckbee indicated that it is her understanding that zoning wise there is no legal definition
as to where CI or R2 begins. She further commented that there is no legal description for the CI
designation.
A resident asked for something that makes sense to regular people on the documents when the
land is referred to rather than the land survey information. Mayor Swedberg explained that for
legal reasons the land survey information must be used as that is how the property is legally
described. He then asked Staff to provide as much information to residents as possible with the
next notice.
A resident asked if the rezoning would affect the use of the property such as the grandfathered
uses, would those be eliminated with the rezoning.
Council Member Broussard Vickers indicated the existing usage stays whatever it is until the
property is redeveloped.
City Attorney Hoeft confirmed Council Member Broussard Vickers comment but indicated
further discussion on proposed development was premature because Council has not made the
determination whether the property would be rezoned.
Mrs. Buckbee asked whether the rezoning was contingent upon preliminary plat approval.
Ms. Moore-Sykes indicated that one must happen before the other but the rezoning is not
contingent upon the preliminary plat approval.
City Attorney Hoeft indicated the City could not conditionally rezone the property.
A resident asked if they have to wait until the property is rezoned to see what impact it would
have on City water and sewer.
Page 3 of 13
Mayor Swedberg indicated one could assume that if the property is rezoned and developed that
water and sewer would come off Mill Road or from Lakeland Hills.
A resident asked if the roads would be the responsibility of the developer or if the homeowners
would be assessed.
Council Member Broussard Vickers indicated it was impossible to address that until the property
is rezoned and a plan for development has been provided to Council.
A resident commented that the neighborhood is concerned and feels that the land should not be
developed at all because it is lowland. He then said that he lives up hill from the property and he
has water issues.
Mr. Dave Gagne (Gagne Development), 50 Groveland Terrace, Minneapolis indicated he has
been working with the Buckbees on developing the property. He then indicated that the some of
the survey and topography work was completed and he would have preliminary information
concerning the development available within a few weeks.
Mr. Leon Moran of 1743 Peltier Lake Drive asked if he would be assessed for a road if the
property is developed. Mayor Swedberg indicated that Council has not been given a plan for
development and could not answer his question at this time.
Council Member Broussard Vickers explained that the developer would be responsible for all
roads within the development but noted that residents may be assessed for roads and utilities that
run along their property frontage.
v. COUNCIL BUSINESS
1. Woods of Clearwater Creek/Acorn Creek Park Trail
Ms. Moore-Sykes indicated Council Member Broussard Vickers had asked that this item
be added to the agenda.
Council Member Broussard Vickers indicated that the Parks and Recreation Committee
was concerned that nothing changed with the structure at the park and water will run
underneath and the same problem would happen.
Mr. Peterson indicated he had been out to check the structure and there is enough cover
over it to hold the pipes down. He then explained that the issue was heaving and noted
that the structure is built the way the watershed desired to be built. He further explained
that there is a skimmer in front that holds back green slime and it is doing what it is
supposed to do.
Page 4 of 13
Council Member Capra indicated she had been told that the structure is not handicapped
accessible. Mr. Peterson indicated it is ramped up but said it was done on purpose and is
what the watershed desired.
2. Laurie LaMotte Park Recommendation - Parking Lot Paving Park Dedication
Fees
Mayor Swedberg commented that before doing something for cars he desired to build
playground equipment, basketball hoops, or something else for the kids. He also
commented that he would prefer to use the money for safe trails to move residents rather
than for cars.
Council Member Broussard Vickers indicated that the Parks and Recreation Committee
feels the parking lot is a priority because the lot is deteriorating and there are issues with
vehicles driving where they are not supposed to.
Council Member Travis asked if it was the intent to have it completed this year. He then
commented that he felt it would cost twice as much to do the paving this year as it would
to do it next spring.
Council Member Broussard Vickers indicated that the Parks and Recreation Committee
has a local contractor who has agreed to do it this year.
Council Member Travis said he would recommend waiting for spring.
Council Member Capra expressed concern with paving the parking lot in light of
anticipated future construction as the construction traffic could damage the parking lot.
Council Member Nelson indicated she agreed with Council Member Travis on waiting
until spring.
Motion bv Council Member Nelson, seconded bv Mavor Swedber!! to deny the
request to expend UP to $49,500 in park dedication fees to pave the parkin!! lot at
Laurie LaMotte Park. Aves 3, Navs - 2 ITravis/Broussard Vickers). Motion
carried.
3. Me. Bill Bisek. Rock'n Hollvwoods Noise Permit Request
Mr. Bisek indicated the band was able to make changes in their schedule to work around
the 7 :00 p.m. to 11 :00 p.m. time frame.
Motion bv Council Member Capra, seconded bv Council Member Nelson to
approve a noise permit for Mr. Bisek for the Rock'n Hollvwoods event on October
12,2002 from 7:00 p.m. to 11:00 p.m. All in favor. Motion carried unanimously.
Page 5 of 13
Mr. Bisek asked if someone from the City could fax over the permit approval to the
police department because last year there was confusion over the matter. Ms. Moore-
Sykes agreed to fax the permit to the police department.
4. Mr. Dave Kichler. Electrical Inspection/State of Minnesota
Ms. Moore-Sykes indicated that she and Mr. Cook had met with Dave Kichler who is an
electrical inspector for the state and is also a private electrical inspector. She then
indicated that Mr. Kichler has expressed an interest in performing the inspections for the
City as a state inspector and continuing the duties as a private consultant if approved by
Council.
Ms. Moore-Sykes explained that due to the required paperwork, Mr. Kichler could not
start state inspections until November I, 2002 but could start private consulting
immediately.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Travis to approve the use of Dave Kichler as the City's electrical inspector for a 60-
day trial period. All in favor. Motion carried unanimously.
Upon further discussion Council Member Broussard Vickers desired to modify the
probationary period from 60 days to 6 months. Council concurred.
5. Resolution #02-041, Bond Sale (Pheasant Marsh)
Mr. Eilertson provided information to Council on the bond sale. He then indicated the
letter in packets described how Juran & Moody's Staff created Northland Securities
which is a newly created company that does the same thing that Juran & Moody used to
do.
Council Member Nelson asked if this was a name change or a different business.
Mr. Eilertson indicated that Juran & Moody exists in name only and explained that the
parent company holds the name but 100% of the people have left to create the new
company. He then pointed out that when issuing the bond tonight he is here for Juran &
Moody and that will continue on this bond sale, but after today, it would be Council's
decision as to whom to use for financing.
City Attorney Hoeft indicated that the City appoints a financial advisor at the beginning
of each year and would need to decide whom to use.
Mayor Swedberg reviewed the bond information.
Council Member Broussard Vickers asked if the bond includes the earlier call date as
requested. Mr. Eilertson indicated that the call date was listed as February 1, 2007 and
that is one year earlier than would be typical. He then indicated he had asked ifthere was
Page 6 of 13
any rise in rates for the early call date and was told that the rate may have been affected
by approximately 1/1 oth of a point so there was no real detrimental impact to the City.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Travis to approve Resolution #02-041 as presented. All in favor. Motion carried
unanimouslv.
6. Resolution #02-045. Cafeteria Plan
Motion bv Council Member Capra. seconded bv Council Member Nelson to table
Resolution #02-045. Resolution #02-050. and the Committee/Commission Bv-Iaws to
the next work session. All in favor. Motion carried unanimouslv.
Council Member Nelson indicated she would like to have a nepotism policy added to the
personnel policy and then handed out information from the discussion concerning the by-
laws.
7. Resolution #02-046. Transfers in Preparation for 2002 Audit
Ms. Paulseth indicated that this is a housekeeping issue cleaning up the deficit and
obsolete accounts and the transfers in no way affect the financial position of the City.
She then indicated the City had 57 funds and the Resolution would reduce that to 25.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to approve Resolution #02-046 as presented. All in favor. Motion carried
unanimously.
Mayor Swedberg commented that the general fund would be paying for the deficit
accounts. Ms. Paulseth explained that the net effect on the general fund would be
$100,000 but noted the general fund would carry a $100,000 receivable for the capital
projects fund.
City Attorney Hoeft indicated he had asked for a memo from the attorney handling the
collection of the capital funds but had not received it. He then said he could get
something to the City by e-mail later in the week.
Mayor Swedberg asked if everyone on the list has responded to the City. Ms. Moore-
Sykes indicated that not everyone has responded.
Council Member Capra indicated she thought that Council had directed the Attorney to
prepare documents and move forward on these matters in September.
City Attorney Hoeft indicated that he understood the direction to be to proceed with
collection on the two that have said they were not going to pay. He then said that his
office is working on standard documentation for the matter and would use that standard
documentation modified slightly for each case.
Page 7 of 13
Council Member Capra said she would like something sent to the developers in a letter
format indicating the City will be collecting the amounts owed. City Attorney Hoeft
indicated his office could send out letters asking for payment and indicating that the City
has authorized them to proceed with collection.
It was the consent of Council to direct the City Attorney to send letters to the developers
with deficit accounts asking for payment and indicating that the City intended to proceed
with collection.
Mayor Swedberg asked why the storm water improvement projects capital project fund
was not an enterprise fund. Ms. Paulseth indicated it was set up that way by the City's
accounting firm. She then said she would look into making it an enterprise fund.
Mayor Swedberg asked why Staff was not eliminating the downtown redevelopment fund
as it shows a negative balance. Ms. Paul seth indicated that Staff had decided to leave the
account open because there is the possibility of some downtown redevelopment with the
County Road 14 improvements.
It was the consent of Council to leave the downtown redevelopment fund open at this
time.
Mayor Swedberg asked if the City needed to have a gambling revenue fund. Ms.
Paulseth indicated there was no need for the account as the money could be accounted for
in the general fund. Mayor Swedberg asked Staff to bring a resolution for consideration
for a future meeting to close that account.
Mayor Swedberg asked why the recycling fund has a negative balance. Ms. Paulseth
indicated she would be bringing information to the next Council Meeting to close that
account out. She then said that it has been negative for a number of years and Staff has
been unable to determine why.
Mayor Swedberg asked why the savings and CD interest are not accounted for in the
general fund. Ms. Paulseth indicated Staff was moving toward that and has been working
on the portfolio.
8. Resolution #02-047, Resolution Supporting the Establishment of a Tri-Citv
Coalition
Ms. Moore-Sykes explained that as a result of the last Tri-City meeting, Staff had been
asked to seek support of a resolution forming a Tri-City Coalition with Lino Lakes, Hugo
and Centerville to work for the betterment of the communities in regard to land use,
traffic and municipal services.
Page 8 of 13
Motion by Council Member Nelson. seconded by Council Member Capra to
approve Resolution #02-047 as presented. All in favor. Motion carried
unanimously.
Mayor Swedberg addressed the reporter in attendance and said he thought what she did in
the paper was unfair journalism.
9. Resolution #02-048. Calling for a Public Hearing on Proposed Assessments for
County Road 14 Watermain Extension
Motion by Council Member Broussard Vickers. seconded by Council Member
Capra to approve Resolution #02-048 as presented. All in favor. Motion carried
unanimously.
10. Resolution #02-049. Calling for a Public Hearing on Proposed Assessments for
Pheasant Marsh Phase I
Motion by Council Member Broussard Vickers. seconded by Council Member
Capra to approve Resolution #02-049 as presented. All in favor. Motion carried
unanimously.
City Attorney Hoeft explained that all assessments are going against the developer and he
will assess that against the lots so the City is going through the formal process although it
would not be necessary.
11. Resolution #02-050. Personnel Policy
This matter was tabled previously in the meeting.
12. Request for Purchase of Council Chambers Audio/ Equipment Video
Ms. Moore-Sykes indicated Staff is seeking approval for the purchase of additional video
and audio equipment as discussed previously.
Council Member Capra indicated the high end VCR's are needed to have the type of
playbacks the City would like to have.
Motion by Council Member Broussard Vickers. seconded by Council Member
Capra to authorize the expenditure of funds from the cable fund for the purchase of
a $1.500 camera. $1.035 for VCR's. and a television for $340 as requested by Staff.
All in favor. Motion carried unanimously.
13. Standardizing Committee/Commission By-Laws
This item was tabled previously in the meeting.
Page 9 of 13
14. Audit
Motion by Mayor Swedberl!:. seconded by Council Member Nelson to direct Staff to
place an advertisement with the Leal!:ue of Minnesota Cities for the purpose of
reauestinl!: audit proposals for 2003. Ayes - 4. Navs - O. Abstain - l(Broussard
Vickers). Motion carried.
15. Election Securitv at Centerville Elementary
Mayor Swedberg indicated it was brought to his attention at the Police Commission
meeting that voters had to travel through a large portion of the elementary school to get to
the gym to vote. He then asked if Council wanted to consider moving the polling
location back to City Hall.
Council Member Capra explained that during the primary the front entrance was under
construction but that has now been completed so access to the school will be much less
this time.
Ms. Moore-Sykes indicated the City was in constant contact with the school during the
primary as the City was concerned with the safety of the children.
Council Member Capra indicated that with the front entrance completed it is a straight
shot from the front entrance to the gym and back out.
Council Member Broussard Vickers indicated the City had received permission from the
principal.
16. Financials on the Web
Mayor Swedberg said he feels the financials should be posted on the web.
VI. CONSENT AGENDA
1. The City of Centerville October 1, 2002 through October 9, 2002 Claims for
Approval
2. Centennial Fire District October 3,2002 Claims
3. Arnt Construction Company Pay Estimate #2 (Pheasant Marsh II)
4. Penn Contracting Pay Estimate #1 (Lift Station #1 Renovation) - $38,386.89
5. Centennial Fire Charitable Gambling Check
Council Member Capra asked that Item 5 be removed for discussion.
Motion by Council Member Nelson. seconded by Council Member Travis to
approve Consent Al!:enda Items 1 throul!:h 4 as presented. All in favor. Motion
carried unanimously.
Page 10 of 13
Council Member Capra asked for clarification on the charitable gambling check.
Staff explained that the City receives the funds from the Fire Relief Association and then
provides those monies to the Fire Department as per the ordinance.
Motion bv Council Member Capra. seconded bv Council Member Broussard
Vickers to accept the Centennial Fire Charitable Gamblin2 Check in the amount of
$12.000. All in favor. Motion carried unanimouslv.
VII. APPROVAL OF COUNCIL MINUTES
1. September 25. 2002 Council Meeting Minutes
Motion bv Council Member Nelson seconded bv Council Member Travis to
approve the September 25. 2002 Council Meetin2 Minutes as presented. All in
favor. Capra Abstained. Motion carried.
VIII. ANNOUNCEMENTS/uPDATES
1. 1540 Peltier Lake Drive
City Attorney Hoeft indicated that the City had obtained and executed an administrative
search warrant on the property last week. He then indicated that the warrant was to go
onto the property and into the structures to determine the condition there of. He further
explained the property owner was in attendance and officials determined that she would
not be allowed to remain on the property.
City Attorney Hoeft indicated the owner voluntarily left the property and the City is now
working with the property owner and a son to determine what the next steps will be to get
the property cleaned up.
Ms. Moore-Sykes asked the resident to leave her address so she can be contacted when
things will be moved to avoid the potential dangerous.
City Attorney Hoeft indicated that residents were not contacted when the search warrant
was executed because there was no intent to move or disturb anything, just to document
the situation.
The resident in attendance cautioned that when things are disturbed the wildlife and
vermin will be looking for places to relocate.
2. Capital Proiects
The update was given earlier in the meeting.
Page 11 of!3
3. Right ofWav Ordinance
City Attorney Hoeft indicated he had not yet finished his review but it seems that the
form is a standard format generated for the City.
Council Member Travis indicated he would like someone to explain why the City needs a
right-of-way ordinance because he is concerned that it is just a way to add fees for
services and raise rates.
Ms. Moore-Sykes explained that the right-of-way ordinance would give the City the right
to manage its rights of way.
4. Pending Issues
Ms. Paul seth indicated that the City has a significant amount of money at the bank in
Hugo and she would like authorization to transfer that to Main Street Bank in Centerville
as the rates are better there.
Motion by Council Member Nelson. seconded by Council Member Capra to
authorize Staff to transfer funds from the US Bank in MUl!o to Main Street Bank in
Centerville. All in favor. Motion carried unanimouslv.
Motion by Council Member Nelson. seconded by Council Member Travis to
approve the Minutes of the September 16. 2002 City Council work session meetinl!
as presented. All in favor. Vickers and Capra Abstained. Motion carried.
Council Member Capra indicated that she had learned that it would cost the City
approximately $5,000 to bring the property up to standards for rental. She then indicated
that she had told Ms. Copeland that she did not think it would be feasible for the City to
do so and asked Council how they wished to respond to the matter.
Council agreed to have Staff send a letter to Ms. Copeland indicating that it is not
financially feasible for the City at this time.
Ms. Moore-Sykes indicated there would be a public hearing at the October 23, 2002
Council Meeting on the cable franchise agreement.
Council Member Nelson asked for an update on the three hours of overtime for Mr.
Palzer for the September 11, 2002 meeting.
Ms. Moore-Sykes indicated that she is in continued discussions with Mr. Palzer on the
Issue.
Council Member Nelson indicated the letter had been received from St. Genevieve asking
that the road be closed.
Page 12 of 13
...
Council Member Broussard Vickers asked if the property would be given to the property
owner when the road is closed. City Attorney Hoeft explained that if the City goes
through the vacation process operation of law would determine to whom the property is
gIVen.
Council Member Broussard Vickers said that she would like to vacate the road because
the City would still have to plow and maintain it if it was made into a dead end rather
than vacated.
Council asked Staff to contact the church concerning the vacation as well as the County
and put the matter to the next meeting agenda for discussion.
Council Member Nelson indicated the EDC had asked Council to consider allowing
people who work in Centerville but do not live in or own the business to be allowed to sit
on the EDC. She then indicated she would like to discuss the matter at the next work
seSSiOn.
Ms. Moore-Sykes indicated the City Clerk had asked whether the by-laws should go to
all the Committees for feedback.
Ms. Moore-Sykes indicated that someone from Sensus had come to install the software
on the computer but it has been determined that a dedicated telephone line is necessary
and the City Clerk is looking into the costs of that service.
Council Member Broussard Vickers asked if there were enough homes with the
equipment installed to justify the costs of the dedicated phone line. Ms. Moore-Sykes
indicated that all new homes have the equipment and Staff would like to conduct a test
with the businesses across the street to determine if the software will work. She then
indicated that the cost of the dedicated phone line would be approximately $46.
IX. ADJOURNMENT
Motion by Council Member Capra seconded by Council Member Nelson to adiourn
the October 9. 2002 City Council Meetin2 at 8:26 p.m. All in favor. Motion carried
unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 13 of 13
CITY OF CENTERVILLE
CITY COUNCIL MEETING
OCTOBER 23, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
moeting on Octobe< 23,2002, at City Hall, 1880 MIDn Sire". @
PRESENT: Mayor Tim Swedberg \\ (j(O"J 0
~:~:: ~:= ~ ~~k r0l r?@\Y \27
~:~::~=:~::W~ ~ U
ABSENT: None.
STAFF:
City Administrator, Ms. Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
I. CALL TO ORDER
Mayor Swedberg called the October 23,2002, City Council meeting to order at 6:40 p.m.
II. SET AGENDA
Council Member Nelson requested that personnel policy, benefits and budget be added
under Council Business.
Council Member Capra requested a discussion of the process for the Administrator's
review be added under Council Business.
Ms. Moore-Sykes requested that setting a canvassing date and Resolution 02-045, a
Resolution establishing the cafeteria plan be added under Council Business.
Motion bv Council Member Nelson seconded bv Council Member Capra to approve
the al!:enda as amended. All in favor. Motion carried unanimouslv.
III. AWARDS/PRESENTATIONS/APPEARANCES
1. Mrs. Katie Neuman - Hair Update
Ms. Neuman asked to be heard as part of the public hearing on Ordinances 70 and 71.
City of Centerville
October 23, 2002
Council Meeting Minutes
IV. PUBLIC HEARING(S)
1. Proposed Ordinance 70 and 71
Mayor Swedberg opened the public hearing at 6:40 p.m.
Mayor Swedberg indicated he did not have any major issues with Ordinance #70. He
then said he is pleased that the emphasis is on health and sanitation.
Mayor Swedberg indicated he would like to change business zones to commercial zones
because he does not feel that this is a good use for the mixed-use zone.
Mayor Swedberg asked ifthe City meant 30 days on page 5. On Page 6 he would like the
recommendation to come to Council and not the City Clerk. He then said he would like
to limit this sort of activity to 9:00 p.m. On page 7 of 13 under E. he would like to
eliminate the number of times the police can come into the business as he feels they
should be going in whenever it is necessary. He also said he thought 10 business days
was adequate to relocate the business rather than 30 days. On page 8 he asked if the City
does have a code.
City Attorney Hoeft explained that the compilation of all ordinances is the City's code.
Mayor Swedberg questioned who would be the qualified schools for determination of
licensure. City Attorney Hoeft indicated he was fine with the Mayor's comments
regarding changes but said he would recommend leaving the number of times the police
can enter because if the language is not in there the police can not go in unless they have
consent or suspicion of illegal activity and that language would give them the right to
check the business out at least six times per year.
City Attorney Hoeft commented that on page 4 of 13 with the language granted only for
business zones may need to be modified further because the City used to allow on special
use permits and then went away from that into having zoning classifications with
permitted uses and conditional uses and special uses within those areas. He then said the
City may need to amend Ordinance #4 if the City has not spelled out where it is allowed
in the zoning code.
Council Member Travis indicated that part of the intent of splitting Ordinances #70 and
#71 was because there is something in Ordinance #4 regarding distances from areas so
there is only one spot in town that would allow for adult oriented businesses.
Council Member Capra questioned whether the liability insurance requirement was
higher than what the City requires ofthe liquor license holders. Council Member Nelson
said she thinks it is but feels that is warranted.
Page 2 of 15
City of CenterviJle
October 23, 2002
Council Meeting Minutes
City Attorney Hoeft clarified that the liability insurance does not protect or affect the City
in any way. He then suggested that the City find out if there is a state requirement and
use that figure.
Ms. Moore-Sykes indicated that the Planning Commission is looking at a list of
amendments to Ordinance #4 and said she would add this to the list.
Steve Silverman, attorney and friend of Ms. Neuman, indicated he had been asked to
review Ordinance #70 and attend the meeting to discuss it on behalf of Ms. Neuman's
business. He then asked what Ordinance #71 was related to and if it would impact Ms.
Neuman's business.
Mayor Swedberg indicated that those using piercing guns are exempt but if they are using
more than that gets into something else.
Mr. Silverman indicated that Ms. Neuman's business is primarily a hair salon but is
marketed as a day spa that includes the hair salon business and massage as well as other
typical spa type activities. He then commented that body piercing is offered as a service
as well.
Mr. Silverman asked for clarification as to whether Ms. Neuman's business would be
exempt by definition within the distinguished section of the Ordinance. City Attorney
Hoeft indicated that, based on what has been represented about the business, he is
inclined to agree that the business would be distinguished.
Council Member Broussard Vickers said she did not think it made sense to use the
wording massage for beautification and asked if there was other wording that could be
used. City Attorney Hoeft suggested defining day spa.
Mr. Silverman suggested adding massage for beautification, or some other term to the list
of distinguished uses.
Ms. Neuman clarified that in order to call yourself a day spa you must be a licensed
salon.
Council Member Nelson suggested taking out the wording for the purposes of
beautification. City Attorney Hoeft suggested removing the word treatment. He then
said he was fine with taking out treatments and for the purpose of beautification only.
Mayor Swedberg asked if the police would still be able to go into an exempted business.
City Attorney Hoeft indicated they could go into the public part and could ask permission
to look around or would need to get a search warrant.
Motion bv Council Member Nelson. seconded bv Council Member Capra to close
the public hearinl!. All in favor. Motion carried unanimouslv.
Page 3 of 15
City of Centerville
October 23, 2002
Council Meeting Minutes
Mayor Swedberg closed the public hearing at 7:15 p.m.
Mayor Swedberg opened the public hearing on Ordinance #71 at 7:32 p.m.
Mayor Swedberg said he does not like the Ordinance because the other one said you
needed qualifications and this one does not. He then said that anyone could call
themselves a tattoo artist and he is concerned about the health and safety of that.
City Attorney Hoeft indicated that he did not know of any licensing requirements for
body piercing as it is a relatively new business.
Mr. Silverman indicated that there are schools that train individuals in the art of massage
but said the state does not regulate the activities outlined in Ordinance #71.
Council Member Broussard Vickers asked what the questions are with regard to Hair
Update.
Mr. Silverman indicated that Ms. Neuman satisfies all ofthe substantive provisions ofthe
Ordinance with regard to health and sanitation requirements. He then said that the
concern is of a financial nature because the Ordinance would require a separate
application and license fee for this part of her business. He further suggested that the
City should check the language concerning the return of the fees because as it reads it
states that the license fee and permit fee are due at the time of application and are not
refundable and that could open the City up to a challenge at some point because he does
not see how the City could keep the license fee if the application is denied and no license
granted.
Mr. Silverman indicated he did not think it was a good idea to require that the license
must be given to someone of good moral character. Council indicated that language was
to be removed from the document but had been missed.
Mr. Silverman indicated the issue for Ms. Neumann is whether the fees would be more
than the revenue generated from that portion of the business. He then asked if there is a
way to allow the services that are already being provided as long as the business meets
the health and sanitation requirements to be exempt from the application and licensing
requirement.
Council Member Broussard Vickers suggested adding wording to include beauty salons
that provide ear piercing services.
City Attorney Hoeft indicated that any type of grandfather language would not be
allowed because this ordinance is based on public health safety and welfare.
Mayor Swedberg asked if tongue piercing is offered. Ms. Neuman indicated they do
pierce tongues but customers sign waivers because the services are unregulated.
Page 4 of 15
City of Centerville
October 23, 2002
Council Meeting Minutes
Council Member Broussard Vickers suggested using ear piercing and leaving out the
wording about the piercing gun.
Mr. Silverman asked if there were other existing businesses besides Hair Update that
would fall under this Ordinance. City Attorney Hoeft clarified that the City is not picking
on existing businesses but trying to protect itself from businesses that would come in the
future by having a valid ordinance to control the uses.
Ms. Neuman indicated she would like more time to review this Ordinance because she
had only a few minutes to do so.
Mayor Swedberg asked how biohazards are disposed of. Ms. Neuman indicated that a
sharps container is used.
Council Member Broussard Vickers suggested looking into the insurance requirements
and letting Staff know if there are state regulations because the City is not trying to make
this fiscally hard to do.
Mr. Silverman indicated that, if Council is looking at this as a matter of overall health and
safety, Hair Update is vastly different than a tattoo shop would be.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Travis to continue the public headn!!: to the next Council Meetin!!:. All in favor.
Motion carried unanimouslv.
2. Proposed Ordinance 73 (Cable Television Franchise)
Mayor Swedberg opened the public hearing at 7: 15 p.m.
Council Member Capra indicated a lot of work went into the proposed ordinance and
both AT&T Broadband, who is merging with Comcast, and the Commission approve.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to close the public hearin!!:. All in favor. Motion carried unanimouslv.
Mayor Swedberg closed the public hearing at 7:16 p.m.
Motion bv Council Member Capra. seconded bv Council Member Broussard
Vickers to approve the cable television franchise Ordinance #73. dated October 23.
2002. All in favor. Motion carried unanimouslv.
3. Mr. & Mrs. John Buckbee III Rezone Request
Ms. Moore-Sykes explained that City Staff had needed time to research the matter and
provide the information on the Buckbee rezone as requested by Council and had not been
able to get the notices out with the proper 10 day notice due to the Columbus Day
Page 5 ofl5
City of Centerville
October 23, 2002
Council Meeting Minutes
Holiday. She further clarified that, in order to meet the notice deadline, Staff would have
had to gather all the information and mail the notices the day after the Council meeting
and there was not enough time to do so.
Council Member Nelson commented that Staff could have posted the meeting and
worked on the information in the meantime. Ms. Moore-Sykes explained that Staff was
directed by Council to provide the information to residents with the notice that was
mailed out.
City Attorney Hoeft indicated the City would run out of the initial 60 day time period but
could extend the time for another 60 days.
Mayor Swedberg indicated he had seen a request by the Buckbees to extend but that
request only has Mrs. Buckbee's name and not Mr. Buckbee's name. He then asked if
the City could extend the time without authorization from the Buckbees. City Attorney
Hoeft indicated the City is allowed to extend for 60 days for further consideration and he
is prepared to send a letter as required under the statute. He then suggested that the City
may wish to authorize him to send out that letter in the event Mr. Buckbee does not return
in time to sign the waiver.
Mrs. Buckbee indicated that Mr. Buckbee would be home before the 30th.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
authorize the attorney to immediatelv send out the 60 day extension letter.
City Attorney Hoeft indicated that this extension does not mean the City will take another
60 days but that is the time period allowed.
Mrs. Buckbee asked how long the City is extending. City Attorney Hoeft indicated the
extension is for 60 days from November 6, 2002.
VOTE: All in favor. Motion carried unanimouslv.
V. COUNCIL BUSINESS
1. Water Services at Public Works
Ms. Moore-Sykes indicated that there has been no water service at public works for more
than a week and then said she had placed on the desk additional bids received late this
afternoon regarding providing water to public works.
Mr. Palzer indicated the well is not working and public works has been without water
since the 14th. He then indicated that the well is located under the building and Mr.
Rehbein had been out to help provide information on the location. He also indicated that
the original proposal for extending City water and the installation of a flammable waste
trap had been included in packets for informational purposes.
Page 6 of 15
City of Centerville
October 23, 2002
Council Meeting Minutes
Mr. Palzer indicated that Ro-So Contracting has said they could not start work for two
weeks and Penn could get started next week if they knew they had the job.
Council Member Broussard Vickers asked Staff to determine whether funds from the
water fund could be used as a funding source. Ms. Moore-Sykes indicated she felt that
the water fund would be an appropriate funding source but said she would gather more
information for a defmitive answer.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to approve the bid of Penn Contractine: with a bid of $38.500 to provide City
water services and a flammable waste trap at public works as recommended bv
Staff.
Council Member Travis asked if the City is okay under the statute. City Attorney Hoeft
indicated that bids under $50,000 are not governed by the statute.
Council Member Capra asked staff to investigate the potential of using water funds for
the project.
Mr. Palzer indicated there would be additional plumbing to connect the water and noted
the City may have to dig up the well and cap it.
VOTE: All in favor. Motion carried unanimouslv.
Mr. Palzer indicated he felt that the water could be hooked up for under $5,000.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to authorize the expenditure of UP to $5.000 to connect water to the buildine:.
All in favor. Motion carried unanimouslv.
Mr. Palzer indicated he would obtain separate bids for capping the well and bring those to
CounciL
2. Resolution #02-050 Oversizing for Pheasant Marsh
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra. to approve Resolution #02-050 as amended. All in favor. Motion carried
unanimouslv.
Mr. Peterson indicated that the $24,000 was lowered. Ms. Paulseth indicated the total is
$11,569.
Council Member Travis asked if the assessments were paid. Mr. Peterson indicated he
needed to adjust the trunk costs prior to the assessments.
Page 7 of 15
City of Centerville
October 23, 2002
Council Meeting Minutes
3. Resolution #02-051 Special Revenue Transfers
Motion by Council Member Broussard Vickers. seconded by Council Member
Travis to approve Resolution #02-051. a Resolution Authorizinl! the Transfer of
Funds to or From the General Fund for the Purpose of Closinl! Special Revenue
Funds. All in favor. Motion carried unanimously.
4. Resolution #02-052 Soecial Assessment Abatement (Weber)
Motion by Council Member Broussard Vickers. seconded by Council Member
Travis to approve Resolution #02-052. a Resolution Authorizinl! the Abatement of
Special Assessments for PID #RI4-31-22-33-0009 for the Year 2002 Relatinl! to the
1987 Street Re-Assessment (Non-Litil!ants). All in favor. Motion carried
unanimously.
5. Resolution #02-053 Special Assessment Abatement (Stevenson)
Motion by Council Member Broussard Vickers. seconded by Council Member
Travis to approve Resolution #02-053. a Resolution Authorizinl! the Abatement of
Special Assessments for PID #RI4-31-22-34-0012 for the Year 2002 Relatinl! to the
1987 Street Re-Assessment (Non-Litil!ants). All in favor. Motion carried
unanimously.
6. Personnel Policy. Benefits and Bylaws
Council Member Nelson indicated she was not happy with the benefits portion and would
like to have a work session with a human resource attorney to discuss it as she is
concerned about making a decision on benefits for nonunion employees based on the
union employee's contract. She also indicated that she would like further information on
the nepotism policy.
Motion by Council Member Nelson. seconded by Council Member Capra to direct
Staff to schedule a work session with a human resource attorney to discuss benefits
and nepotism.
Council Member Capra asked if this could be done prior to a Council meeting rather than
adding another night. She then said she would like to have what has already been done
reviewed prior to the meeting and said she has no problem with the cafeteria plan.
Council Member Nelson indicated if the resolution is approved that approves the deferred
compensation and the amount the employees get in their paycheck.
Council Member Broussard Vickers said she felt like there was consensus at the last work
session to proceed and she is not in favor of spending more money on attorneys when the
City has two Staff people providing advice on the issue. She further commented that
Page 8 of 15
City of Centerville
October 23, 2002
Council Meeting Minutes
Staff had not said that it would be impossible to renegotiate the benefits but that it would
be difficult.
Council Member Capra asked if the City could change its mind after adopting Resolution
02-045. Council Member Nelson said she did not think that would be fair to employees.
Council Member Capra said the only question is the cash benefit in return. Council
Member Nelson said she does not like the idea that the City has to add that cash back.
Council Member Broussard Vickers asked why Council was questioning the Finance
Director's interpretation ofthe IRS rules.
Mayor Swedberg asked if the sign up had been scheduled. Ms. Paulseth indicated that
sign up had been scheduled for November 12, 2002 and that is the last date for
enrollment to begin January 1,2003.
Mayor Swedberg asked whether the City has to provide the same level of benefits to the
union and nonunion employees. City Attorney Hoeft indicated the City did not have to
provide the same level of benefit to the nonunion employees.
Mayor Swedberg commented that the City must have the cash back option with the
deferred compensation plan.
Council Member Travis indicated there is also a concern with the gender equity issue.
Mayor Swedberg said it was thought that the City might be in noncompliance with the
pay equity requirements. He then said that even though he agreed in principal to this the
other night he has reservations about it because he does not like the cash back and the
only way to do that is not to provide deferred compensation to nonunion employees.
Council Member Nelson indicated that she was not comfortable with the situation and
would like legal advice on the matter. City Attorney Hoeft indicated he would provide
whatever services the City needed but then clarified that the City had a system set up that
was determined to be illegal because it was not pursuant to a cafeteria plan and the City
was attempting to set up the cafeteria plan to be able to continue what it was doing
legally.
Council Member Nelson said she does not like the cash kick back kind ofthing.
Council Member Broussard Vickers said she understood that Council did not like the idea
but stated that it is an IRS requirement.
Council Member Nelson indicated that this amounts to a lot of money in benefits paid to
employees and she would like more advice.
Page 9 of 15
City of Centerville
October 23, 2002
Council Meeting Minutes
Council Member Broussard Vickers asked how the City would get a cafeteria plan set up
by the first of the year if this is not approved.
Council Member Broussard Vickers said she would like to call the question.
City Attorney Hoeft said he has an HR attorney, a labor attorney, and a tax benefits
attorney that would need to come to the meeting based on the discussion because he is
unsure what exactly Council is asking for.
Council Member Nelson said it would be fine with her to have all three come to the
meeting because she feels this issue is important enough to warrant the cost.
Council Member Broussard Vickers asked why this was being asked for at the 11 th hour
when at the last work session Council was largely in agreement.
Council Member Nelson indicated that people did express that they felt strong-armed or
were not comfortable with it. Mayor Swedberg said he had said he did not like it.
Council Member Broussard Vickers commented that all the people in the world talking to
Council would not give the City more options.
Council Member Capra said she did not believe there was an option with deferred
compensation until the union contract is negotiated. She then said she agrees with
Council Member Nelson and would like the personnel policy reviewed by a human
resource attorney but she feels that Resolution 02-045 needs to be approved because the
City has no option. She further said she is not happy with the deferred compensation.
Mayor Swedberg asked if there is a reason the City would have to continue the benefit
next year if it is given this year. City Attorney Hoeft said not necessarily however, with
nonunion employees it may not be an advisable practice and with union employees it
sounds like there is an established past practice and, once established, it would be
difficult to discontinue a benefit without getting a grievance.
Council Member Capra said that Ms. Moore-Sykes stated that once a benefit is given it
cannot be taken away. Ms. Moore-Sykes clarified that she had said that once a benefit is
in the contract it cannot be taken away but the City does have the option to renegotiate
the contract. She then said that renegotiating on an already provided benefit could be an
arduous task.
City Attorney Hoeft asked Council to write down the questions they have so that he can
determine what types of attorneys need to be at the meeting.
Council Member Broussard Vickers called the question.
VOTE: Ayes - 3, Nays - 2(TravisIBroussard Vickers). Motion carried.
Page 10 of 15
City of Centerville
October 23, 2002
Council Meeting Minutes
Motion bv Council Member Nelson to table approval of Resolution 02-045. The
motion failed for lack of a second.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to approve Resolution 02-045.
Ms. Paulseth explained that in order to continue the process the City needed to offer
deferred compensation in a cafeteria plan and that requires cash back or the deferred
compensation.
Council Member Nelson commented that, if the Resolution is approved, there is no sense
in meeting with a benefits person.
Mayor Swedberg asked for a recommendation for setting single and married coverage.
Ms. Paulseth indicated that if the City were setting up the system in the beginning the
beginning amounts would be a little under $300.00 but the City is dealing with a matter
of past practice.
City Attorney Hoeft indicated that approval of the Resolution allows Staff to rectify an
illegal procedure. He then said that, if the City wishes, the City could revisit the actual
benefit being provided.
Council Member Broussard Vickers called the question.
VOTE: Aves - 3. Navs - 2 (Nelson/Swedbere:). The Question was called.
VOTE: Aves - 3. Navs - 2(Nelson/Swedbere:). Motion carried.
Ms. Paulseth indicated that there would be a benefit expert available to answer questions
on November 12,2002.
Council Member Nelson said her understanding of the motion that passed is that the City
wants to meet with an HR person and have them review the policy and talk with Council.
City Attorney Hoeft indicated that an HR attorney would review the policy regardless of
whether a work session was scheduled.
Council Member Broussard Vickers said she did not feel that it is necessary to have three
outgoing Council members sit at a work session to be educated on an issue that will be
ongoing and ultimately be decided by the incoming new Council. She then said she
would like the HR attorney to review the policy and provide comments to Council.
Council Member Nelson said she wants the HR attorney to meet with Council to discuss
Issues.
Page 11 ofl5
City of Centerville
October 23, 2002
Council Meeting Minutes
Council Member Broussard Vickers asked if it was necessary to incur the costs of having
an attorney meet with Council rather than getting a legal review. She then said she does
not object to the legal review but does not think the Attorney needs to meet with Council.
Council Member Nelson said she wants the attorney to review the personnel policy and
meet with Council to discuss the recommendation.
7. 2003 Budget
Council Member Nelson asked when Council would pass the 2003 budget. Ms. Paulseth
indicated that would happen after the truth-in-taxation hearing in December.
Ms. Moore-Sykes indicated that the truth-in-taxation hearing is set for December 9, 2002
and the other Council meeting in December is scheduled for December 19,2002.
8. Bylaws
No update.
9. Liquor License Renewal Update
Ms. Moore-Sykes indicated that the City clerk had provided a memo to update Council
on the liquor license renewal policy. She then commented that the City is well underway
with the renewal process.
10. Administrator's Review Process
Council Member Capra indicated it was time for the City Administrator's annual review.
Ms. Moore-Sykes indicated she would provide Council with the evaluation sheet used
previously.
After some discussion, Council and Ms. Moore-Sykes agreed that the annual review
would be conducted similarly to the six-month review during an executive session.
11. Canvassing Date for the Election Results
Ms. Moore-Sykes indicated that Council needed to meet to canvass the election results.
Council agreed to meet at 9:30 p.m. on November 5, 2002, election night, to canvass the
results.
VI. CONSENT AGENDA
1. The City of Centerville October 10, 2002 through October 18, 2002 Claims for
Approval
Page 12 of 15
City of Centerville
October 23, 2002
Council Meeting Minutes
2. Centennial Fire District Claims
3. Earth Burners, Inc. (Pay Estimate #3) $14,900.90
4. Purchase of Banyon Data Systems Meter Device Interface Module $1,295
Motion bv Council Member Capra, seconded bv Council Member Nelson to
approve Consent Ae:enda as presented. All in favor. Motion carried unanimously.
VII. APPROVAL OF COUNCIL MINUTES
1. October 9. 2002 Council Meeting Minutes
Council Member Broussard Vickers indicated that she had said 60 days in her motion but
had changed that to six months and there was the general consent of Council.
Motion bv Council Member Capra seconded bv Council Member Nelson to
approve the October 9, 2002 Council Meetine: Minutes as amended. All in favor.
Motion carried unanimouslv.
VIII. ANNOUNCEMENTSIUPDA TES
1. 1540 Peltier Lake Drive
City Attorney Hoeft indicated that he met with interested parties and family members
concerning the property at 1540 Peltier Lake Drive. He then said that the family has
agreed to undertake the clean up both inside and out and is doing so under the supervision
of the police department and Mr. Palzer. He further indicated that, once the buildings
have been sufficiently cleaned, they would then be inspected to determine what steps
would need to be taken.
2. Capital Proiects
City Attorney Hoeft indicated that the letter had gone out to the developers and his office
is working on preparing the complaints for service sometime in the next few weeks.
Council Member Nelson indicated she would like to see this move ahead in two weeks.
City Attorney Hoeft indicated he could move forward but said it may be a good idea to
hold off for a few weeks to allow time for a response from the developers before the City
incurs the cost of a complaint that is not used.
3. Right ofWav Ordinance
City Attorney Hoeft indicated he had reviewed the Right-of-Way Ordinance and has no
issues with it.
Page 13 of15
City of Centerville
October 23, 2002
Council Meeting Minutes
4. S1. Genevieve - (Closure of Partial Road)
City Attorney Hoeft indicated the City can vacate the road if it desires but said the City
Administrator had received a call from a business person who is concerned with
downtown redevelopment if the road is vacated.
Council Member Capra asked if the County had any comments. Ms. Moore-Sykes
indicated the County had no interest in the road.
Council Member Capra asked Staff to schedule a public hearing for the end of
November.
Council Member Broussard Vickers indicated she was not ready to vote on whether or
not to vacate as she feels further information is needed on the impact of future downtown
redevelopment.
Motion bv Council Member Capra. seconded by Council Member Nelson to
schedule this matter for public hearine in November. Aves - 4. Navs - l(Broussard
Vickers). Motion carried.
5. Pending Issues
Council Member Capra announced that the Anoka County Historical Society has been
working on a quilt and the City's quilter is Norma Essex. She then indicated that there
would be a tour ofSt. Genevieve's cemetery on November 1, 2002.
Council Member Nelson asked for an update on the three hours of overtime on
September 11, 2002. Ms. Moore-Sykes indicated that Mr. Palzer feels that he was here to
answer questions and it is a legitimate charge.
Council Member Nelson asked for a progress report on the trail at Appletree Square. Ms.
Moore-Sykes indicated she would contact Mr. Drilling about the trail.
Council Member Nelson asked for an update on 1601 Lamont Road. Ms. Moore-Sykes
indicated she did not have any further information on that matter.
Ms. Moore-Sykes reported that she received the environmental assessment worksheet on
the Eagle Brook Church and would make it available at City Hall for review.
Ms. Moore-Sykes indicated she had pulled the information off the website concerning the
League of Minnesota Cities competitive bid process.
Council Member Capra asked Staff to provide a map of the 2030 plan that shows the
planned stages for the area.
Page 14 of 15
City of Centerville
October 23, 2002
Council Meeting Minutes
Council Member Nelson asked how Staff was doing on the audit firm interviews. Ms.
Moore-Sykes indicated she had pulled up the bidding information from the League but
had not yet reviewed it.
Council Member Broussard Vickers indicated she would be out of town at the end of
November and unable to attend the Council Meeting.
IX. ADJOURNMENT
Motion bv Council Member Nelson seconded bv Council Member Capra to adiourn
the October 23. 2002 City Council Meetinl!: at 9:00 p.m. All in favor. Motion
carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 15 of15
CITY OF CENTERVILLE
CITY CANVASSING BOARD MEETING
NOVEMBER 5, 2002
9:30 P.M.
I. CALL TO ORDER
Mayor Swedberg called the Canvassing Board Meeting to order at 9:36 p.m.
Present at the meeting were Councilmembers Broussard Vickers, Capra,
Nelson, Travis; Mayor Swedberg and City Administrator Kim Moore-Sykes.
The City Administrator reported that because of the hand counting of the U.S.
Senate supplemental ballots, the election results were not tabulated. She
indicated that because of the required hand counting, the results would not be
available until early Wednesday morning. She recommended that the
Canvassing Board continue this evening's meeting to another date.
Moved bv Councilmember Nelson seconded bv Councilmember
Broussard to continue the Canvassine: Board meetine: to Saturdav.
November 9. 2002 at 9:00 a.m. AD in favor. Motion oassed unanimouslv.
Respectfully submitted by:
~/~
,./-' '4' ...l
..' Ki. Moore-Sykes,
City Administrator
CITY OF CENTERVILLE
CITY CANVASSING BOARD MEETING
NOVEMBER 9, 2002
9:00 A.M.
I. CALL TO ORDER
Mayor Swedberg called the Canvassing Board Meeting to order at 9:00 a.m.
Present at the meeting were Councilmembers Broussard Vickers, Capra,
Mayor Swedberg and City Administrator Kim Moore-Sykes. Absent were
Councilmembers Nelson and Travis,
The City Clerk gave a report on the Election Day activities. She reported that
316 new voters were registered; that there was 790/0 turn out at the polls in
Centerville; and that 1,607 ballots were counted.
The City Clerk read the results of the municipal elections, declaring Terry
Sweeney winner for the mayoral seat; Tom Lee and IeffPaar winners for the
Council seats.
The Clerk then asked the Mayor and Council to recognize election judges and
staff that assisted with the elections.
Moved bv Councilmemher Broussard Vickers seconded bv Mavor
Swedben! to certify the municinal elections results. All in favor. Motion
gassed unanimouslv.
Council and Staff discussed the need for purchasing additional ballot boxes.
They also discussed the idea of creating two precincts because so many
residents traditionally vote at elections.
Moved bv Councilmember Broussard Vickers seconded bv
Councilmember Canra to adiourn the Canvassin2 Board at 9:20 a.m. AD
in favor. Motion gassed unanimously.
CITY OF CENTERVILLE
CITY COUNCIL MEETING
NOVEMBER 13, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on November 13, 2002, at City Hall, 1880 Main Street.
~~:~~~~ A
Council Member Dick Travis (OJ 19J
Council Member Mari Nelson ~
Council Member Capra b. 0
ABSENT: None.
STAFF:
City Administrator, Ms. Moore-Sykes
City Engineer, Mr. Tom Peterson
City Attorney, Mr. Jim Hoeft
I. CALL TO ORDER
Mayor Swedberg called the November 13, 2002, City Council meeting to order at 6:30
p.m.
II. SET AGENDA
Council Member Capra asked ifMr. LeBlanc desired to be added under appearances.
Motion by Council Member Nelson seconded by Council Member Capra to approve
the aeenda as amended. All in favor. Motion carried unanimously.
III. A W ARDS/PRESENTATIONS/APPEARANCES
1. Mr. Wavne LeBlanc
Mr. Wayne Leblanc, 1677 Peltier Lake Drive, addressed Council and indicated he is on
the Parks and Recreation Committee and the Committee has been trying to add trails to
the Comprehensive Plan for several years and it has not yet been done. He then
requested that Council makes adding trails to the Comprehensive Plan a priority when the
Plan is updated.
City of CenterviJIe
November 13,2002
Council Meeting Minutes
2. Mr. Tom Lee (Parks and Recreation Committee) - Acorn Creek/Woods of
Clearwater Creek Development Trail
Mayor Swedberg congratulated Mr. Lee on his election to Council.
Mr. Lee indicated there have been no further erosion problems and no evidence of any
erosion so he feels the trail is repaired but will be curious to see what will happen when
the water gets high.
IV. PUBLIC HEARING(S)
1. Proposed Ordinance 70 and 71
Mayor Swedberg opened the public hearing at 6:39 p.m. for Ordinance 70 and 71.
Ms. Moore-Sykes indicated the City had received comments from Mr. Silverman, the
attorney for Hair Update.
2. Mr. and Mrs. John Buckbee III - Rezone/Preliminarv Plat Approval
Mayor Swedberg opened the public hearing at 6:40 p.m.
Ms. Moore-Sykes indicated the Planning and Zoning Commission heard the rezoning
request as well as the preliminary plat approval at its meeting on November 12, 2002.
She then indicated that the minutes were not yet available but she had provided
information to Council with a Staff report and noted that the Planning Commission
recommended approval of both the rezone and the preliminary plat with the conditions
listed in the Staff report.
Council Member Capra indicated she had watched the hearing on television and had
taken notes about the concerns of residents. She then indicated she had done some
research to attempt to provide answers to some of the concerns.
Council Member Capra indicated she had contacted Rice Creek Watershed and found that
the information was recently received by them and the matter will be on the November
27,2002 agenda. She then indicated that an environmental assessment worksheet would
be completed and that would determine whether an archaeological dig would be required.
Council Member Capra asked if there had been digging at the property for archaeological
findings. Mr. John Buckbee indicated he knew of no investigation but said there was
some remedial work done to the end of the creek that involved some digging.
Council Member Capra indicated she had not been able to answer any of the traffic
questions or concerns.
Page 2 of 29
City of Centerville
November 13, 2002
Council Meeting Minutes
Mayor Swedberg explained that the City's Comprehensive Plan is a guide for the
development of the City. He then explained that the Buckbee property is an R-l property
which is a rural large piece of property with one house and farm or rural character. He
further explained that the request for R-2 is proper in that the City's Comprehensive Plan
calls for this piece of property to go into MUSA for 2001 to 2005.
Ms. Mary Moran, 1743 Peltier Lake Drive, restated her comments from the Planning and
Zoning Commission meeting. She then said that she is concerned that the road would
dam up the water into her backyard because right now the water flows through her
backyard. She also said she is concerned that all the trees would be removed for the
development and said she would like as many trees to be left as possible.
Ms. Moran indicated she was also concerned that the twin homes are too large and do not
fit with the rest of the homes in the neighborhood. She further commented that she is
concerned about what types of chemicals would be used on the lawns of the townhomes
because the runoff flows into the creek and then the lake.
Ms. Suzanne Seeley, 1784 Peltier Lake Drive, said she agreed with the previous
comments but said her major concern is that 2/3 of the property is bordered by two
natural resources, the creek and the lake. She then said that she can see a tremendous
difference in algae buildup from three years ago to present and she is concerned that
adding more people to that area will further exacerbate the problem. She further
commented that she had heard that commercial companies do not have to adhere to the
phosphate free fertilizer laws as a regular homeowner does.
Ms. Seeley commented that 27 homes would double the density in the area and she would
like to see the impact lessened by lowering that number.
Mr. Terry Elken, 1701 Peltier Lake Drive, asked why the water had to come down
Centerville Road when there is already a hydrant on Peltier Lake Drive and Mill Road.
He also said that he has already paid for the road twice and does not want to pay a third
time. He further commented that he was concerned with the little section of land at the
end of the channel that is not buildable and asked what was planned for it because it is in
his backyard.
Council Member Capra commented that the plan has not gone before the Parks and
Recreation Commission for their consideration and said that would be completed at their
meeting in December.
Mr. Bill Helin, 1732 Peltier Lake Drive, indicated he was concerned about the water table
there and for the outlot by the creek or channel. He then said that he feels it is only
asking for trouble and flooded homes to build there.
Mr. Roger Shimon, 1751 Peltier Lake Drive, commented that he does not feel that double
homes are appropriate and would prefer single-family homes. He then asked what is
Page 3 of29
City of Centerville
November 13,2002
Council Meeting Minutes
really going to happen with the development, will there be street lights, water, a sidewalk,
etc.
Mr. Shimon asked why it took so long to get the information to Rice Creek Watershed
when this has been dragging on for a couple of months. He then said the holding pond is
proposed to be located adjacent to the rear of his home and he is concerned with the
children in the area and asked if the pond area would be fenced. He further commented
that he is concerned that runoff would contaminate the wells in the area.
Mr. Shimon indicated that he would like Council to hold off on approval of the
preliminary plat and obtain further information.
Council Member Capra apologized to the residents who attended the meeting last night
and this meeting because the City does not have all the information and cannot answer all
of the questions. She then said she feels there is enough information to approve the
rezone but commented that the requirement to go 100 feet off the property line with
levels to compare was not done as well as several other items and she would like to wait
on approval until more of the pending items have been completed.
Mr. Don Simonson, 7263 Centerville Road, commented that he did not feel it was
necessary to tear up a perfectly good road to run water when the City had the opportunity
to do it with the Lakeland Hills development and did not.
Council Member Capra indicated the water could be added through direct drilling rather
than tearing up the road. Mr. Peterson commented that it may be necessary to run
services with an open cut.
Mr. Bill Svetin, 1687 Peltier Lake Drive, indicated he would not be able to make a
decision at this time because there was not enough information submitted on the plat. He
then said he would like Rice Creek Watershed's opinion and the environmental
assessment worksheet for further information on the potential environmental impact of
the proposed development.
Mr. Svetin said he agrees that the property owner should have the right to rezone and
develop the property but the City needs to carefully look at what is proposed to go on that
property to make sure that it enhances the neighboring property values.
Mr. Svetin indicated that residents have been fighting the addition of water for a long
time and the last time was when Lakeland Hills went in. He then said that he feels he has
paid to build the street enough and does not want to do it again.
Council Member Nelson e1arified that the residents were assessed and paid the first time
and the second time they were assessed and did not pay the City paid.
Mr. Svetin indicated that residents took the City to court and the City ended up paying for
the road. He then said he feels the road should be the responsibility of the developer
Page 4 of 29
City of Centerville
November 13,2002
Council Meeting Minutes
including the street north through the development because he does not feel residents on
that street will benefit and, so, should not have to pay an assessment. He also indicated
that he does not think that twin homes would be appropriate between single-family
homes.
Mr. Svetin indicated he is concerned with the drainage and whether the holding pond can
handle it all because right now the storm sewers cannot handle it.
Mr. Svetin indicated residents have fought for the lake for many years and he is very
concerned with drainage but approves of the rezoning.
Mr. Ted Erkenbrack, 7377 Peltier Circle, indicated that some residents, including him,
had to pay a second time for the road. He then said that the hydrant is close to Peltier
Lake on Mill Road but it would require a culvert under the creek and, even though it is
the shortest route, it would be more expensive.
Council Member Travis asked the engineer ifhe had a preliminary layout for water. Mr.
Peterson indicated the plan was to loop the water.
Mr. Erkenbrack asked if residents would have to pay for 350 feet of frontage. He then
said he is concerned with the density and would like to see single-family homes. He
further indicated that he does not have an issue with the rezoning.
Council Member Nelson asked residents to make comments at this meeting even if those
comments were made at the Planning and Zoning meeting.
A resident in the audience asked why the water needed to be looped. Mr. Peterson
explained that looping water benefits all residents because it provides better water
pressure as well as an alternate source of water should one of the lines fail.
Council Member Capra indicated that Centerville Elementary could benefit greatly from
looping the system because there is a concern that the school may run out of pressure if
the sprinkler system is used. She then commented that there was some money set aside
when Lakeland Circle was done to offset the cost of looping.
Mr. Shimon indicated he is concerned with the traffic generated by this development as
there is already an issue getting out of the area in the morning.
Council Member Nelson asked if the water could be run through a culvert or if the road
would have to be tom up. Mr. Peterson indicated he did not know for certain but said it
is possible to directional drill into the boulevard areas and drill under the street as was
done along County Road 14 (Main Street). He then commented that, even though the
street was redone twice in 20 years, it is not in very good shape and could use some
reconstruction.
Page 5 of 29
City of Centerville
November ]3,2002
Council Meeting Minutes
Mr. Leon Moran, 1743 Peltier Lake Drive, indicated he is concerned with traffic from the
additional homes as well as the big construction trucks carrying heavy loads beating up
the roads. Mr. Peterson indicated that there would be road restrictions in effect during
the spring and indicated that construction would begin in the summer.
Mr. Moran asked if anybody had an estimate of what the assessments might be. Mayor
Swedberg explained that the assessment information would not be available until further
along in the process. He then gave a base figure of $4,300 as an estimate.
Council Member Broussard Vickers indicated that the assessment is completely
dependent upon the overall costs of the project. She then commented that residents have
paid 50% of the costs not including the new development costs but noted that residents
would also be required to pay to get the line to their home as well as a hook up fee of
$1,500 when the well fails and the water is connected.
Council Member Broussard Vickers further commented that the base dollar amount of the
assessment is completely dependent on the cost of the project and could be higher or
lower than the $4,300 estimated.
Council Member Broussard Vickers asked for clarification on what type of rezoning was
requested and noted that PUD was different with different requirements than the rezone
to R-2. Ms. Moore-Sykes clarified that the applicant has applied for a PUD and that will
be heard in December.
Mr. Gonyea indicated they had gotten on the calendar for a PUD in case that is needed to
comply with the setbacks in the ordinance.
Mayor Swedberg asked for clarification of the PUD. City Attorney Hoeft explained that
a PUD overlay on the ordinance means that the requirements of R-2 zoning could be
restructured to allow for different setbacks without requiring a variance.
Council Member Broussard Vickers commented that PUD was supposed to be used on
unique properties to accommodate specific, unique situations. She then indicated Eagle
Pass was a PUD and was designed to go around creeks and wetlands and said that by its
nature, a PUD is supposed to be able to help to preserve unique characteristics of the
property.
Mr. Gonyea indicated his intent would be to plat the property as three (3) single-family
lots with 97 foot building pads as well as the townhomes. He then indicated that Rice
Creek Watershed has had the information but the delineation was recently approved and
the information given to the consulting engineers for consideration at the November 27,
2002 meeting. He also commented that the piece of land proposed as a park at the end of
the road was a suggestion by the Buckbees, but if it does not work for the neighbors he is
not committed to doing it.
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Mr. Gonyea indicated that his development would be required to capture runoff whereas
it is currently running directly into the creek and lake.
Mr. Gonyea explained that his townhomes would be slab on grade and geared toward
seniors. He then said that the blended density of the parcel would be two (2) units per
acre. He further commented that traffic study counts indicate that a single family home
generates 9.5 to 10.5 trips per household, condos drop to 5.5 trips per day and senior
housing drops to 2.2 to 3.4 trips per day.
Mr. Gonyea commented that the density of the project is reduced by gearing it toward
seniors as seniors make fewer trips per day.
Mr. Gonyea commented that he would bear the brunt of bringing the water main in but
the City would like to loop the system and assess residents for the benefit. He then said
that there is already a sleeve under the creek so the road would not have to be torn up.
Council Member Travis indicated that residents had expressed concern about existing
drainage. Mr. Gonyea indicated that Rice Creek Watershed would control all drainage
issues and he would have to comply with any requirements to capture runoff and provide
ponding.
Council Member Travis indicated residents were concerned that trees would be removed.
Mr. Gonyea indicated that the grading on all the single-family lots would be custom
graded for the driveway and house to avoid any unnecessary tree removal.
Council Member Travis indicated that the developer could not legally push water onto
someone else's property. He then asked Mr. Peterson if he had reviewed the existing
drainage. Mr. Peterson indicated he had not yet reviewed the drainage in the area.
Council Member Capra commented that the developer is required to go out 100 feet from
the property line. Mr. Peterson referred to the information provided and indicated that
they are out two feet. Mr. Gonyea indicated that he would be required to provide a catch
basin or the water would flow up onto the street. Mr. Peterson indicated that a culvert
could be added to allow for drainage.
Council Member Travis asked what the home values of the development would be. Mr.
Gonyea indicated that the townhome units would range in price from $250,000 to
$300,000 and the single-family homes would start at $400,000.
Council Member Broussard Vickers indicated the City would not be taking possession of
the outlots and asked whether there would be a homeowners association.
Council Member Nelson indicated she would be okay with the rezoning but is not
prepared to vote on the preliminary plat as she feels more information as to the potential
environmental impact is needed.
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Council Member Capra indicated she would go ahead with the rezoning but would like to
continue the preliminary plat to the first meeting in December.
Council Member Broussard Vickers asked when the clock started on the preliminary plat.
City Attorney Hoeft indicated that the clock started last Friday.
Council Member Broussard Vickers indicated the rezone fits the Comprehensive Plan.
She then said that there is a lot to iron out on the preliminary plat but she believes it is
important to loop the water main as that has been a goal as long as she has been around
and it is important to the safety of citizens and the safety of the school. She further said
she hopes for the shortest distance and for the cheapest amount for residents but the City
has always taken advantage of whenever a developer needs sewer and water and makes
them pick up as much of the cost as possible.
Council Member Broussard Vickers indicated the law states that the City cannot assess
more than the value that residents get from the improvement and each unit owner has a
right to challenge an assessment so the City needs to make an effort to make sure that it is
within that amount so the City does not end up in court. She then said that this is the
third development where sewer and water have been run past existing homes and the City
is getting better at it each time.
Council Member Broussard Vickers indicated that she felt the rezone should be approved
but Council does not have to decide on the PUD at this time.
Mayor Swedberg said he looked at the Comprehensive Plan closely and looked at the
surface water drainage questions addressed and the controlling people that deal with
floods are the Minnesota Department of Natural Resources and the Federal Emergency
Management Agency. He then said the original flood plain designation was extensive
and would have covered most of the existing City but was revised in 1997 to a smaller
area. He further commented that a significant portion of this property is in the IOO-year
flood plain and he is concerned with putting houses on a floodplain.
Mayor Swedberg indicated he did not have a concern with R-2 zoning but he is not in
favor of the areas that are designated as P-I and C-I. He then said that a definition of C-
1 could be addressed because the map by its existence is a definition.
Mayor Swedberg indicated he needed to know the elevation at the comer where
Centerville Road meets Peltier Lake Drive to determine whether it is higher than the land
to be developed. He then commented that this is the delta of a creek so it fans out and
adds more sediment and the elevation today may not be the elevation in 25 years, so he is
concerned with that. He further commented he does not mind homes going in there but
he does not want them where they would be flooded.
Mayor Swedberg indicated he was not prepared to vote on the rezoning and would like to
continue the matter until he has further information from a hydrologist to assure that
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Council Meeting Minutes
when homes are put there they will not be in water or one foot away from water shortly
thereafter.
Mayor Swedberg indicated there are good reasons to loop the water but he thinks the
developer should pay for the entire thing.
Motion by Mayor Swedben!:. seconded by Council Member Nelson to continue the
rezone and preliminary plat to the next Council Meetinl!: for further information
and discussion.
Mr. John Buckbee, 7381 Peltier Circle, indicated that the assessments have no bearing on
the rezoning. He then said that they applied back in September and there was a series of
delays and the information in front of Council has been with Council for some time. He
further commented that he is concerned with putting this off because it is already past the
60 days and the City added another 60 days.
Mr. Buckbee explained that the P-l property was purchased from the St. Paul Water
Utility and is no longer public property and, as a matter of housekeeping, should be
rezoned. He then explained that City Attorney Hoeft had given an opinion that C-l is not
a legal zoning and was put in at one time as a vision for trails. He further commented
that he is asking that the property be rezoned to R-2 and noted that, at one time, it was all
zoned R-l other than the land purchased from the St. Paul Water Utility.
Council Member Nelson indicated she did not understand where C-l and P-l were on the
map.
Mayor Swedberg explained where it as and said it delineates flood plain and said that
whether or not it exists in Ordinance #4 does not make it illegal and those things are
correctable. He then said as far as he is concerned, it makes a definition of category C-l
as flood plain and that is for places where you do not want to have anyone build on.
Council Member Broussard Vickers indicated that flood plain is not a zoning so
Ordinance #4 would not address it.
Council Member Broussard Vickers indicated there was flood plain in the middle of the
City with residential zoning.
Mr. Gonyea indicated that Rice Creek does have a setback of 100 feet and a setback of75
feet for grading so there would be no grading within the setbacks from the channel. He
also indicated that the P-l area would likely fall under a drainage and utility easement.
Council Member Nelson indicated she felt that Rice Creek Watershed would take care of
this issue.
VOTE: Ayes -l(Swedberl!:). Nays - 4. Motion failed.
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Motion bv Council Member Capra. seconded by Council Member Broussard
Vickers to approve the rezone from R-l. P-l. and C-l to R-2 as requested. Aves - 4.
Nays -l(Swedbere:). Motion carried.
Motion by Council Member Capra, seconded bv Council Member Nelson to
continue the public hearine: on the preliminary plat to December 9. 2002.
Council Member Travis indicated that the concerns of the Mayor regarding elevations
and designations is not the job of the City it is the job of the City's consultants and
engineers and people who know about these issues. He then said the only issue that he
has is he does not agree with continuing the preliminary plat because he thinks that the
only issue that he sees that is not resolved is the twin homes versus the single homes.
Council Member Nelson said she could go either way but she also does not agree with
twinhomes so she would vote to continue to December 9, 2002.
Council Member Capra said she thinks the City needs more information from Rice Creek
Watershed and the City's Engineer before making any further decisions.
Mayor Swedberg indicated his comments were more appropriate for this phase of the
matter. He then said that the City has had developers who have worked with the City to
mitigate the concerns of neighbors where there were twinhomes and single family homes.
He further indicated he is not sure that mixed style housing is appropriate in this area.
Mayor Swedberg asked Mr. Peterson to come to the meeting prepared to say how deep
into the ground the road would need to go and whether the utilities can go in without
heaving as well as the elevation of the comer of Peltier Lake Drive and Centerville Road.
VOTE: Aves - 4. Nays -l(Travis). Motion carried.
Mr. Gonyea asked the City to provide a list of concerns so he could address them prior to
the meeting on December 9, 2002. Mayor Swedberg indicated that Mr. Gonyea should
obtain a copy of the minutes to obtain the list of concerns.
Council recessed at 8:15 p.m.
Council reconvened at 8:21 p.m.
3. KCR. Inc. - Mr. Richard S. Carlson Lot Split
Mr. Wilharber, 6849 Centerville Road, addressed Council and indicated his family farm
was originally part of the Leon Nettles farm 104 years ago. He then explained that it
started out as 84.5 acres but they lost 40 acres to the open park preserve of Anoka County
and that left 44.4 acres of which the family recently sold 43.4 to Mr. Richard S. Carlson
for development.
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Mr. Wilharber explained that he and Mr. Carlson had worked out a deal to sell back to
him a section that is 208.7 feet by 100 feet for his garden, raspberries and apple trees and
that is the lot split. The second part of the request is to add the 208.7 by 100 foot parcel
to his existing property making the existing property 308.7 by 217 feet.
Mayor Swedberg asked whether the big barn was on his property. Mr. Wilharber
explained that the piece of ground between his place and the farm was to put in
strawberries and raspberries and the building was to facilitate that but the family decided
to sell the farm when his mother passed away.
Mayor Swedberg indicated that the lot split and combining of properties would give him
his portion of the property and the remaining portion of the family farm has been sold to
Mr. Carlson.
City Attorney Hoeft indicated he had no issues with the request.
Council Member Capra indicated she was concerned with the request because the lot split
for Mr. Carlson requires a minimum of 10 acres.
Mr. Wilharber explained he was asking for an R-2 zoning designation.
Council Member Capra indicated she did not understand how it could be done with the
R-l designation. Council Member Broussard Vickers indicated it would be dependent on
the next motion passing.
Motion by Council Member Broussard Vickers. seconded by Council Member
Travis to approve the lot split for KCR Investments subiect to approval of a
rezonine: request by Mr. Wilharber.
City Attorney Hoeft indicated that the motion would be appropriate as it would be
conditioned on the rezoning.
Ms. Moore-Sykes indicated the rezoning was a housekeeping issue to make the property
conforming.
Council Member Capra indicated there is no grandfather clause in the Ordinance. City
Attorney Hoeft indicated the grandfathering is done by operation of law and is not needed
in the ordinance.
VOTE: Ayes - 4. Nays -l(Capra). Motion carried.
Motion by Council Member Broussard Vickers. seconded by Council Member
Travis to approve the lot combination rezonine: request of Mr. Wilharber. Ayes - 4.
Nays -l(Capra). Motion carried.
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Mr. Wilharber thanked Council for its consideration and commented that while he was
sitting on Council the City went through 12 developments. He then wished them good
luck.
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to close the public hearin!! on Ordinance #70 and #71. All in favor. Motion
carried unanimously.
Mayor Swedberg closed the public hearing at 8:33 p.m.
4. Mr. Tom Wilharber Lot CombinationlRezone
Handled as part of the previous agenda item.
5. CSAH 14 Special Assessments and Resolution #02-056
Mayor Swedberg opened the public hearing at 8:33 p.m.
Mr. Peterson reviewed the assessments for the project indicating that the City's portion
for oversizing is $41,760 making the total assessable costs $155,859. He then said that
the developer would pay 50% ofthat and what is left is divided by 18 units, 10 residential
units and 8 DaFoe units for $4,330 per unit.
Mr. Peterson indicated he had received an objection from Mr. Rehbein today as the total
assessment to the Shores of $77,923 divided by his 10 lots works out to $7,792 and that
does not compare to the $4,330 for the other lots.
Council Member Broussard Vickers commented that if Mr. Rehbein continues to object
the assessment the City would defend the position in Court and does not have to justify
the costs now.
Council Member Capra commented that when this development was discussed previously
she thought Council felt that the gain to Waterworks and to the Shores was equal.
Mr. Frank Zimny, 7252 LaValle Drive, commented that the original bid amount was
around $159,000. He then asked how the costs had risen to $197,000. Mr. Peterson
indicated that 20% was added for engineering and inspection, staking, and soil testing.
Mr. Peterson further explained that there were change orders totaling approximately
$6,000, engineering reports and plans of approximately $19,000, staking inspection
construction engineering of $9,000, soil borings of $4,000, and assessment roll
preparation of$l,OOO.
Mr. Zimny asked if the City has accepted the project. Mr. Peterson indicated the City is
still holding some money on the contract to make sure the sod grows next year. Mr.
Zimny commented he has been in contact with the City inspector concerning restoration
work.
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e
Mr. Zimny indicated that the City's proposed portion was $53,460 and he is curious how
that amount was lowered to $41,760. Mr. Peterson explained that the first amount was an
estimate and the actual amount was based on the difference between the 10 inch and 6
inch pipe being used. The price per foot was only $11.00 versus the estimated $15.00.
Mr. Zimny asked if the City picks up part of the indirect costs. Mr. Peterson indicated
the City picks up its portion of the indirect costs.
Mr. Zimny indicated the flat rate that was discussed was relative to 7281, the two unit
area and the discussion ranged from $25,000 to $34,000. He also indicated that there
were 8 units attributed to the 7265 Main Street address versus the 6 now being used. Mr.
Peterson explained that he had rechecked the lot sizes and determined that there would
only be about 6 units possible.
Mr. Bart Rehbein, 1659 Lakeland Circle, addressed Council and indicated that he has an
issue with the proposed assessment as his property is being assessed $8,000 per lot versus
the $4,330 of the other properties. He then indicated that his two issues are that the
assessment cannot be more than the benefit to the property and the second is that there
needs to be equity in how properties are looked at and they need to be assessed
comparably.
e
Mr. Rehbein indicated that he and Mr. Rich DeFoe have roughly the equivalent amount
of acreage and if he were to plat his property he would end up with the same number of
lots. He then said that he feels that he and Mr. DeFoe should have a more comparable
assessment. He further indicated that he feels that the nearly $9,000 per lot is more than
the value added to the property and is not equitable.
Council Member Nelson asked Mr. Rehbein what he thought would be a fair assessment.
Mr. Rehbein indicated that staying with the $4,330 it would add another $41,000 with a
balance of $112,000 and he feels it would be equitable to divide that in half between The
Shores and Mr. DeFoe.
City Attorney Hoeft commented that the benefit to the property could be determlned in
court, if necessary. He then said that the argument concerning treating the lots equally
could be challenged because the City is within its right to treat different types of property
owners differently. For example, the residential property owners can be treated
differently from commercial property owners or developers.
e
City Attorney Hoeft indicated he felt the numbers presented may not take into account
enough of the benefit added to Mr. DeFoe's property. Mr. Peterson indicated the current
home on the DeFoe property takes up a sizeable amount of the property and he does not
think it would be possible to get 10 lots. Mr. Rehbein indicated that he has one lot that is
one acre and the others are 'l4 acre so he thinks the development would end up fairly
comparable.
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Council Member Broussard Vickers asked if it would be best to continue the public
hearing if any dollar amounts are changed. City Attorney Hoeft indicated that if
anyone's numbers were increased the City would need to continue the hearing and
provide notice to those parties.
Mayor Swedberg commented that Mr. DeFoe could also put higher density housing on
his portion of the property such as twinhomes due to the way it is zoned now.
Council Member Broussard Vickers indicated the Mayor had argued against twinhomes
for the last development and she does not want to encourage an assessment that would
push a property owner to propose higher density to recoup the costs ofthe assessment.
Mr. Peterson indicated the developer paid 50% to extend sewer and water for Hunter's
Crossing.
Council Member Capra indicated there was not any commercial property in the path of
that development but there is in this case. Mr. Peterson indicated that Mr. Rehbein would
be paying 39.5% of the costs to get the way to the property and then he would be
responsible to pay for the 300 feet of additional length to run it into the development. He
then commented that the minutes reflect that Mr. Rehbein was okay with a figure of
$4,800 per lot for a total of $48,000 and said the water was driven by the development.
Mayor Swedberg commented that the document anticipates an interest rate of 8% and he
feels that amount is usurious as it is not supported by what the prevailing market rates
are. Ms. Moore-Sykes indicated the City has used 8% for all assessments regardless of
whether the interest rates are higher or lower. She then said that it would pose a problem
if the City were to lower the interest for this development and did not do so for the others.
Council Member Broussard Vickers suggested changing 7281 to $20,000 and leave the
other piece at 6 units. The additional $12,000 would be added onto the commercial
property and would bring the Shores amount to approximately $65,000.
Mr. Rehbein asked Council to consider the difference between having the water main in
front of DeFoe's property and the water main run to the comer of his property. He then
said it would have saved him money to have the water main running along the front of his
property.
Council Member Broussard Vickers commented that the value of the lots in that
development is far different and it distresses her to see Mr. Rehbein fighting the
assessment as she feels Council was straightforward all along when discussing the
assessment. She further commented that it seemed to her that Council had reached a
consensus with Mr. Rehbein only to have him show up at this late date and contest the
amounts.
Council Member Broussard Vickers said she feels Council should do something a little
different on the commercial property but it disturbs her at this point because she felt the
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City ofCenterville
November 13, 2002
Council Meeting Minutes
City worked well to do the right thing all the way around. Mr. Rehbein indicated that at
the last discussion Council requested he agree to a certain assessment and he felt that was
too high and Council debated over whether to proceed and made the decision to go ahead
with the project not knowing whether or not he would contest the assessment. He further
commented that he feels the City could do more to make it more equitable.
Council Member Capra indicated the range was between $40,000 and $60,000. Mr.
Rehbein indicated he was prepared to pay the $56,000 as he feels that is fair and
equitable.
Council Member Nelson indicated she was not able to find any notes from the discussion
that would indicate that Council discussed assessing any more than $65,000 to The
Shores.
Mayor Swedberg asked for a recommendation of the City Attorney. City Attorney Hoeft
said it sounds like Council wants to change the numbers. He then said Council needs to
determine how it wants to adjust the numbers and provide adequate notice of any change
to property owners. He then recommended changing the numbers based on the total
project rather than picking and choosing properties.
Council Member Nelson indicated Council agreed on the commercial property being
$20,000 and she thought Council had agreed that The Shores was to be assessed $65,000
with Dafoe 6 units for $27,859 for a total of$57,859.
Council Member Capra indicated she had $3,200 times 10 homes and then DeFoe and
The Shores at $60,000. Council Member Broussard Vickers indicated that would be the
equivalent of 20 lots at the same price and that would not hold.
Council Member Broussard Vickers indicated she did not want to be put in a position of
being asked to look at a plat with higher density because of what has been assessed.
Mayor Swedberg suggested the City pick up the difference between the $27,859 and the
$25,977.
Council Member Broussard Vickers cautioned that the City does not know whether Mr.
Rehbein would fight the $65,000 and it puts the City in the position of another possible
property owner contesting the assessment.
Council Member Travis commented that there have been discussions to indicate that Mr.
DeFoe's property is not always going to be a bar so there is reasoning behind the
assessment.
Council Member Broussard Vickers recommended moving the commercial property to
$20,000 and that extra amount would come out of the Mound Trail assessment dropping
it from $77,923 to $66,582 and would increase Water Works to $45,977.
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November 13, 2002
Council Meeting Minutes
Council Member Broussard Vickers also said she could be persuaded to use 7 units for
the other DeFoe property and then dividing the remaining costs but she would not go for
8 or 9 units.
Council Member Nelson indicated she was fine with the $43,000 for residents, The
Shores at $66,582 and DeFoe at $45,977.
Mayor Swedberg indicated that it may not be possible for Council to decide this to equity
so it may have to go to the court system. He further commented that he does not want the
individual property owners to go beyond the $4,330.
Council Member Capra suggested using 7 lots for DeFoe and that would be $30,310,
moving the commercial property to $20,000 and The Shores would be $62,252. Council
Member Broussard Vickers commented that the recommendation would give the benefit
to The Shores she feels it would be equitable and close to the maximum assessment of
$60,000.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
continue the hearinf! with the followinf! proposed amounts: Individual residents
would remain at $4.330. The Shores $62.252. 7265 Main Street would be $30.310.
and 7281 Main Street would be $20.000 for a total of $155.859 and the City's
portion would be $41.760.
City Attorney Hoeft indicated that, technically because the amounts are not increasing to
the residents and Rehbein is decreasing it would not be necessary to re-notice them but he
recommended doing so.
Council Member Broussard Vickers asked if Staff had received any other comments.
Ms. Moore-Sykes indicated she had not.
Council Member Broussard Vickers suggested adding bold language to the notice that
residents must attend the meeting to contest the assessment if they intend to do so.
VOTE: All in favor. Motion carried unanimouslv.
Mayor Swedberg indicated the matter would be continued to the December 9, 2002
meeting.
6. Pheasant Marsh Phase I Special Assessments and Resolution 02-057
Mayor Swedberg opened the public hearing at 9:30 p.m.
Mr. Peterson indicated that he had met with representatives from Pheasant Marsh at City
Hall today and they have issues with the assessments.
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Council Meeting Minutes
Ms. Karen Marty, the attorney for Ground Development addressed Council and indicated
that Ground Development was not notified within 10 days of the meeting and has
difficulty understanding the numbers. She then indicated that they met with
representatives of the City today and would like the hearing continued to allow time for
the City to provide further information.
Council Member Broussard Vickers asked when the first payment is due. Ms. Paulseth
indicated that the City is attempting to have the amounts certified to the County by
November 15,2002 which is the statutory deadline but Staff received permission to send
it in up to a month later.
Council Member Broussard Vickers asked if the City would lose interest by delaying
interest. Ms. Paulseth indicated the City would lose no money by doing this.
Mayor Swedberg asked what the question was. Ms. Marty indicated that they are
concerned with the bills for round figures and would like detail as to the actual invoices.
Council Member Broussard Vickers pointed out that Ground Development has waived all
rights to object to any amount less than $1.82 million. City Attorney Hoeft indicated that
was correct.
Ms. Marty indicated Ground Development has waived the objection to $1.8 for three
phases but they may need to file a contingent objection if the three phases come in over
that amount.
City Attorney Hoeft clarified that the number included all three phases but said he
disagreed with Council and said that what they could object to is an assessment over and
above the $1.8 million and mayor may not be successful. He then said that an objection
has no relevance with the Phase I assessments.
Ms. Moore-Sykes indicated that Ms. Paulseth is working on providing the numbers with
Mr. Peterson. Ms. Paulseth indicated that the discussion is over approximately $3,000 at
this point.
Motion by Mayor Swedbere. seconded by Council Member Nelson to approve
Resolution 02-057. a Resolution Adoptine the Assessment Roll for Pheasant Marsh.
Phase I.
Council Member Travis said he feels they have a right to find out what they are being
billed for.
Council Member Broussard Vickers indicated she would be fine with continuing it for
two weeks ifit did not cost the City any money.
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City Attorney Hoeft indicated that the number in the resolution would not change
regardless of whether they receive clarification on the $3,000. He further clarified that
the amount may be reflected in the Phase II assessments but would not affect Phase I.
Ms. Patty Woolfrey-Flatten, 6814 Grouse Hollow, indicated she had received a letter
from the City indicating they owed $30,000. She then indicated she had contacted the
City Clerk and was told that she needed to attend the meeting to object to the assessment.
She then indicated she had sat through three hours of meeting only to find out that she did
not need to be concerned with the assessment because it involves the builder and
developer not her.
Ms. Flatten indicated she did not like the demeanor of the conversation with the City
Clerk and said she did not feel very welcome as a new resident to Centerville.
Mayor Swedberg apologized for the misunderstanding.
Council Member Broussard Vickers asked why the assessment notice was mailed to the
property owners. City Attorney Hoeft indicated the City is required to do so to comply
with the statute.
Council Member Capra recommended checking with the builder of the house and then
said the clerk should have provided more information on this matter.
Council Member Broussard Vickers commented that her manner might not have been
right but the clerk was erring on the side of caution because the notice does not say
Ground Development.
Mayor Swedberg asked that, in the future, this type of question be answered by the City
Administrator rather than the City Clerk.
Ms. Flatten said she did not feel very welcome and when she asked to speak to someone
beyond the Clerk she was given names but not telephone numbers and was not
transferred.
Mayor Swedberg asked that the City Administrator assure that this never happens again.
Council Member Travis commented that it is his understanding that the figures are
estimates and there would be an over under at the end that squares up the estimated
numbers. He then said he has no problem with the assessment because he knows they
will have a chance to justify the numbers.
Ms. Marty indicated her review suggests that some of the numbers are wrong and high
and that is why she is asking that this be continued.
VOTE: Aves - 3. Navs - UTravis/Broussard Vickers). Motion carried.
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Ms. Marty indicated that they have no recourse other than to object to the assessments at
this point. She then presented the Mayor with a formal objection.
Mayor Swedberg read the objection for the record.
Council Member Capra asked that Staff verify the IO-day claim made in the objection
letter.
V. COUNCIL BUSINESS
1. Quebec Street Drainage Issues
Council Member Capra indicated she had spoken to Mr. Palzer and found that the other
major drainage issue is Center Street but the problem on Quebec Street is that residents
have no place to pump sump water that does not affect either the neighbors or the street.
Council Member Capra provided information on other things the City has done to assist
with drainage and suggested that assisting the residents on Quebec Street could be funded
through the storm water fund.
Council Member Capra indicated she had discussed the matter with Mr. Powers and his
neighbor Mary and while she does not agree that the City should pay for everything they
have asked for she does feel the City needs to assist these residents with the water
problem. She then said she would like to look into using storm water funds to run pipe to
the back of that lot line and go as far west as the last house on that block.
Council Member Nelson indicated she objects to doing this with this street unless the
City does it for Center Street as well.
Council Member Capra indicated there is no existing storm water pipe on Center Street
and noted that the street would be redone in the near future and the water issues could be
rectified at that time.
Mayor Swedberg indicated he did not care what was done as long as it was equitable.
Council Member Capra indicated that one property owner on Eagle Trail filled in his lot
and that affected the drainage on Eagle Trail. She then commented that Mr. Powers has
mold growing in his backyard because the water never drains.
Mayor Swedberg indicated he understood the question but feels the City needs to take
care of issues like this for the entire City or leave it up to the private property owner.
Council Member Capra indicated the problem creates a hazard in the street because there
is no place to put the water where it does not impede upon someone else.
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Mr. Glen Powers, 1870 Quebec Street, indicated this issue has been going on for the last
two (2) years and he has had standing water in his backyard all summer with mold
growing that his daughter is allergic to. He then indicated he put in 18 yards of dirt and it
has all washed away. He further commented that he has to have the City come out and
plow out the base of his driveway because he has had three foot ice dams at the end.
Mr. Powers indicated that Mr. Palzer has said that the development was built without a
1 % grade as is required by City Ordinance and he would like the City's help in fixing the
problem. He then indicated that he and his neighbors are prepared to sue the City if that
becomes necessary.
Council Member Capra indicated the property owners have good intentions and want to
remove water from their property but there is no place for it to go.
A resident in the audience commented that she had asked to put drain tiling in and was
told no because it would flow to the street.
Council Member Capra indicated that the City has had to go in and rectify issues with
major ice buildup that creates a safety hazard.
Ms. Donna Macoskey, 1848 Quebec Street, commented that both of her neighbors built
up their yards with dirt and she is lower than her neighbors.
Ms. Macoskey, 1848 Quebec Street, indicated she had given her name and address to
Staff to be added to the list with water issues on Quebec Street.
Council Member Broussard Vickers commented that the actions of the neighbors are
making her water problem worse.
Mayor Swedberg said he is concerned that Council makes a decision on something and
then decides to revisit that decision. He then asked what Council had decided on this
matter. Mr. Peterson indicated he had done a quote that was fairly high and not a good
solution to the problem. He then suggested getting further quotes for doing the work next
spring as part of another project to get a better price.
Council Member Capra indicated the scope of this is much larger than the two lots.
CouncH Member Broussard Vickers indicated the City has the option of doing the work
and assessing homeowners but said the City does not have the funds to solve drainage
issues all over the City.
Mayor Swedberg indicated he is concerned with consistency because Council has told so
many homeowners no. He then said he would like to set a policy of making it right and
assessing for it or cost sharing whatever Council sees fit but a policy is needed.
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Council Member Broussard Vickers said it was not possible to make a unilateral policy
because the situations are not the same and these residents cannot relieve the water issue
without the help of the City.
Council Member Capra indicated the other residents had places to get the water off of
their property.
Council Member Nelson indicated that Council told Center Street there was nothing the
City could do for them. Mr. Peterson indicated there is no storm sewer in Center Street.
He then said the City is not able to put a pipe on Center Street because there is no place
for it to go.
Motion by Council Member Capra. seconded by Council Member Travis to direct
Staff to further investil!ate the drainal!e problem on Quebec Street UP to 1836
Quebec Street and place the matter back on Council's al!enda for discussion
concerninl! the potential costs as well as notifyinl! residents.
Council Member Broussard Vickers asked whether residents were interested in cost
sharing on the project. Mr. Powers indicated he was not willing to pay anything nor is
his neighbor Mary.
Ms. Sue Hines, 1836 Quebec Street, indicated she would cost share in an attempt to
finally resolve the issue.
VOTE: Ayes - 3. Nays - 2(Nelson/Swedberl!). Motion carried.
2. Historical Society's Request for Artist/Cratter for the Submission of a Holiday
Ornament from the City of Centerville
Council Member Capra indicated the Historical Society had asked the City to provide an
ornament for 2002 and she would like approyal to work with Staff to locate a local
artisan.
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to approve UP to $40 for the cost of a 2002 Centerville ornament. All in
favor. Motion carried unanimously.
3. Prooosed Historical Downtown District
Council Member Capra indicated that federal funds are intending on being used for the
purpose of widening County Road 14 (Main Street) and restrictions exist on the usage of
these funds when it involves impacting a historic district. She then suggested setting a
meeting with residents to discuss designating an area of downtown as historic.
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Council Meeting Minutes
Council Member Capra asked Council what area it would like to recommend to be
declared an historical district. She then indicated that it would take 51 % of business or
property owners to oppose the declaration.
Council Member Broussard Vickers indicated she would like to have a meeting with
residents to determine interest before contacting Ms. McDonald.
Council Member Capra suggested an area from St. Genevieve Cemetery to the bend in
the road.
Motion by Council Member Capra. seconded by Council Member Broussard
Vickers to set up a meetini!: to discuss the possibility of declarini!: a portion of
downtown an historic site in order to determine the interest of property owners.
Ayes - 4. Nays - O. Motion carried. Council Member Nelson was not present for
the vote.
Council recessed at 10:19 p.m.
Council reconvened at 10:21 p.m.
4. Resolution #02-055 Capital and General Exoenditure Policy & Internal Controls
Procedure
Council Member Broussard Vickers indicated she objects to the $2,500. City Attorney
Hoeft indicated the statutory limit is $15,000.
Council Member Broussard Vickers indicated she felt the $2,500 would be burdensome
for Staff. Mayor Swedberg suggested getting three quotes if the City is going to
capitalize goods.
Council Member Capra asked if the City would do the same for services.
Motion by Mayor Swedberi!:. seconded by Council Member Nelson to approve
Resolution #02-055. a Capital and General Expenditure Policy and Internal Control
Procedure with services added.
Council Member Capra asked if there was a time frame that supplies are ordered within.
She then explained she had been told there seems to be a lag time with getting supplies
ordered. Ms. Moore-Sykes indicated that Staff does inventory and purchasing once per
month so if the deadline is not met then they do have to wait for the next time supplies
are ordered.
Council Member Capra indicated she would like to say supplies would be ordered
approximately monthly. Council Member Nelson indicated she would not want that in
the document and suggested that Staff talk to the City Administrator if there is an issue.
There was Council consent to leave a time frame out of the document.
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City ofCenterville
November 13,2002
Council Meeting Minutes
VOTE: Aves - 4. Navs -l(Broussard Vickers). Motion carried.
5. Liquor License Renewal - 2003
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Travis to approve the liquor license renewals for 2003 for Richard A. DeFoe Ent..
Inc. dba Water Works Beach Club. Mountain Enterprises. Inc. dba. Trio Inn.
SaHawk. Inc. dba Sa!!:er's Liquor and Wise!!:uvs Pizza. Inc. based on approval bv
the Police Chief and completion of all required information.
Mayor Swedberg asked if the licensees were going to follow the best practices. Ms.
Moore-Sykes indicated she met with the license holders to discuss the requirements and
the liquor license holders felt it would be a good idea to have other business owners be
privy to the information shared.
Council Member Nelson asked if Ms. Moore-Sykes had the 40-point selection in her
office. Ms. Moore-Sykes indicated she did have it.
VOTE: All in favor. Motion carried unanimouslv.
6. Tobacco License Renewal - 2003
Mayor Swedberg indicated the Police Chief is recommending that Tom Thumb's license
to sell tobacco products not be renewed.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to fine Kellv's Korner $500 for a second violation of sellin!!: tobacco to an
undera!!:e person. All in favor. Motion carried unanimouslv.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to fine Tom Thumb $750 for a third violation of sellin!!: tobacco to an
undera!!:e person. All in favor. Motion carried unanimouslv.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to deny the renewal of Tom Thumb's tobacco license based on the
recommendation of the Police Chief due to repeated violations of sellin!!: tobacco to
minors.
City Attorney Hoeft reminded Council that the City would need to notify Tom Thumb
that the license would not be renewed as well as a notice that they may appeal the
decision.
Council Member Capra expressed concern with the recent decision by the City of
Burnsville to revoke the tobacco license of SuperAmerica as it was overturned in the
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City of Centerville
November 13, 2002
Council Meeting Minutes
courts. City Attorney Hoeft indicated he did not know the facts of that case but said the
City is within its rights to deny renewal based on violation of the ordinance.
Council Member Capra indicated she would not vote to deny as she would like to table
consideration of the renewal to allow time to investigate the case in Burnsville.
City Attorney Hoeft indicated that Tom Thumb is entitled to due process and, if they
cannot be heard by Council before the end of the year, he would recommend issuing a
conditional license to sell tobacco pending the determination of the appeal.
VOTE: Aves - 4. Navs -l(Capra). Motion carried.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to approve the tobacco licenses for Corner Express and Sal!:er's Liauors. All
in favor. Motion carried unanimouslv.
7. Parks and Recreation Committee Recommendations
Motion bv Mavor Swedberl!:. seconded bv Council Member Broussard Vickers to
approve the recommendations of the Parks and Recreation Committee.
Council Member Travis expressed concern that this would be tying up the ice for a lot of
time.
Council Member Nelson asked that committees provide an explanation with their
recommendations in the future.
VOTE: All in favor. Motion carried unanimouslv.
8. Mrs. Gina Paar's Request for "Dead End" and "Slow-Watch for Children or
"Slow - Children at Play" Signs
Ms. Moore-Sykes indicated that Mrs. Gina Paar had requested to be heard before Council
on a request for "dead end" and "slow, watch for children" or "slow, children at play"
signs. She then indicated she had done some research and provided in packets frequently
asked questions from the City of Shoreview that provide some information on such a
request.
Ms. Moore-Sykes indicated she was concerned that the addition of the signs would give
parents in the neighborhood a false sense of security that drivers would actually slow
down and that could lead to a terrible accident. She then indicated that her
recommendation would be to ask the police department to step up patrol in the area and
have residents take down license plate numbers as well as submitting the petition for
consideration and recommendation to the police chief.
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City of Centerville
November 13,2002
Council Meeting Minutes
Council Member Capra indicated she would agree to the "dead end" sign on Meadow
Court as the cul-de-sac should be posted.
Motion bv Mavor Swedbere, seconded bv Council Member Nelson to approve the
"dead end" sien on Meadow Court as requested. All in favor. Motion carried
unanimouslv.
Motion bv Mavor Swedbere, seconded bv Council Member Travis to approve the
"slow, children at plav" sien as requested on Meadow Lane at both ends.
Council Member Nelson indicated she would like the sign wording to be brief because
there is not time to read many words when passing the sign.
Mayor Swedberg indicated that Staff would determine the appropriate signage to be used
based on the universal standard.
Council Member Broussard Vickers indicated she was concerned that the City has no
recommendation from the police department and there is information from another City
indicating that it may not be a good idea to add these types of signs. She then said she
would like to hear what the police chief has to say as well as obtain information on the
costs of adding the signs in many other parts of town.
Council Member Capra indicated she would like to have the request reviewed by the
Police Chief. She then said that she realizes the importance of getting people to slow
down but she is not sure that the signs would improve the situation and the City would be
faced with adding signs every time one is requested.
Mrs. Paar indicated that the police patrol the neighborhood quite a bit. She then
explained that she wants people to know that there are a lot of children in the
development.
Council Member Broussard Vickers asked why residents are speeding in their own
neighborhood if they are aware of the number of children.
Mrs. Paar indicated that residents of the area do not speed, it is the cut through traffic
from Eagle Pass to Centerville Road. She then said that she hopes the sign will get more
people to slow down before a kid gets hurt.
VOTE: Aves - 3. Navs - 2(Broussard Vickers/Capra). Motion carried.
Motion bv Mavor Swedbere. seconded bv Council Member Nelson to direct staff to
contact the Police Chief to request increased patrol for speedine in the
neiehborhood in Question on Meadow Lane. Aves - 4. Navs -l(Broussard Vickers).
Motion carried.
9. Ordinance #70 and #71
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November 13,2002
Council Meeting Minutes
Council Member Nelson requested the following changes: On Page 7 of 13, Section b
Council had agreed to set a time limit of 9:00 p.m. not II :00 p.m. On Page 8, Section b
she asked that the word habitual be deleted. Council agreed to the changes.
Council Member Nelson indicated that something needed to be added concerning a
failure to employ a certain number of employees graduated from an accredited institution.
Council Member Broussard Vickers suggested defining masseuse and masseur as a
person who has had the training and has obtained certification from an accredited
institution.
Motion by Council Member Nelson. seconded by Council Member Capra to
approve Ordinance #70 as amended.
Council Member Capra asked if Staff had looked into the state insurance requirements.
Ms. Moore-Sykes indicated Staff would do so. City Attorney Hoeft asked if the City
wants to set a requirement if the state has none.
Council Member Broussard Vickers suggested referencing the state requirement. City
Attorney Hoeft suggested adding that insurance is required per state statute.
VOTE: All in favor. Motion carried unanimously.
Council Member Nelson suggested the following changes: On Page 2, the reference to
ear piercing guns was to be removed. On Page 12, indicate that the application fee is
nonrefundable and delete section d under persons not eligible for licensure.
Council Member Capra indicated that the same language should be used concerning
liability insurance.
Mayor Swedberg indicated that his concern was that this use could be within 500 feet of a
school. Council Member Broussard Vickers indicated the City is limiting where it allows
this type of use by limiting it to commercial property.
Mayor Swedberg indicated he would not want this type of use in a mixed-use district.
Council Member Broussard Vickers indicated that Ordinance #4 would need to be
amended to add this as an allowed use in a Commercial zone. She then asked Staff to
add this change to the list of items to be changed on Ordinance #4.
Council Member Broussard Vickers pointed out a typographical error on Page 7 under
body painting it states "paining" and should be "painting."
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City of Centerville
November 13,2002
Council Meeting Minutes
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to approve Ordinance #71 as amended. All in favor. Motion carried
unanimously.
Council Member Broussard Vickers indicated Council made a motion that was not a
resolution concerning fining Tom Thumb and Kelly's. She then asked Staff to bring a
resolution to Council for approval, if necessary.
City Attorney Hoeft indicated it was not necessary but said Staff would bring a resolution
for approval as a matter of housekeeping.
VI. CONSENT AGENDA
1. The City ofCenterville October 19, 2002 through November 13, 2002 Claims for
Approval
2. Centennial Fire District Claims
3. Amt Construction Company, Pay Estimate #3 $75,915.52
Motion bv Council Member Nelson. seconded bv Council Member Broussard
Vickers to approve Consent Al!enda as presented. All in favor. Motion carried
unanimously.
VII. APPROVAL OF COUNCIL MINUTES
1. October 23. 2002 Council Meeting Minutes
Council Member Broussard Vickers requested the following change: On Page 8 change
the word "consensus" to "consent."
Motion by Council Member Broussard Vickers seconded by Council Member
Nelson to approve the October 23. 2002 Council Meetinl! Minutes as amended. All
in favor. Motion carried unanimously.
VIII. ANNOUNCEMENTSIUPDA TES
1. Personnel Policy Work Session
Council Member Nelson indicated she would like to set a date for the personnel work
seSSIOn.
Council Member Nelson indicated she would like to hold the executive session to discuss
the City Administrator's review following the work session on November 21,2002.
Page 27 of29
City of Centerville
November 13,2002
Council Meeting Minutes
Mayor Swedberg commented that he did not think it was possible to get a collective
evaluation and it was not collective last time.
City Attorney Hoeft indicated that it was appropriate to hold an executive session after
the work session as long as it is properly noticed.
City Attorney Hoeft indicated if there were any questions or issues the employment
attorney from his office would be able to stay to assist.
Council agreed to meet on November 21,2002 for a work session.
Motion by Council Member Nelson. seconded by Mayor Swedben! to direct Staff to
e:et someone in to look into the ventilation in the video room. All in favor. Motion
carried unanimously.
Council Member Nelson indicated that there was an article in the Hugonian indicating
there would be a public hearing on November 20, 2002 on the Goiffon Road matter.
Ms. Moore-Sykes indicated that the City does not post information in the Hugonian and
she is not sure where that information was obtained.
Council Member Nelson indicated Council had asked to have a public hearing on Goiffon
Road. Ms. Moore-Sykes indicated notice was sent to the Quad today.
Ms. Moore-Sykes indicated the carpet at City Hall is in need of cleaning. She then
indicated Staff had obtained quotes and the low bid was $350 to clean all the carpets at
City Hall.
Motion by Mayor Swedbere:. seconded by Council Member Nelson to authorize
Staff to have the carpets cleaned at City Hall usine: the lowest bid. All in favor.
Motion carried unanimously.
2. 1540 Peltier Lake Drive
Ms. Moore-Sykes indicated that six or seven roll off dumpsters have been filled and
taken away from the property as the family continues to make progress on cleaning the
home.
City Attorney Hoeft indicated he had driven past the home and the lights were on and
there were not things stacked in front of the windows making it apparent that progress is
being made.
Council Member Capra asked if the family had been given a time frame to complete the
work. City Attorney Hoeft indicated a time frame had not been set but there was an
Page 28 of29
City ofCenterville
November 13,2002
Council Meeting Minutes
agreement that forward progress must be made. He then said that the family is anxious to
clean the home and move the resident back into the home.
Ms. Moore-Sykes indicated that water service would need to be established before
anyone would be allowed to live at the residence.
3. Capital Proiects
City Attorney Hoeft indicated that developers were sent a last chance letter and only one
response was received so his office has begun preparing complaints for service. He then
indicated that there is a question of who is responsible on the CenterVilla development
and that is being researched.
4. Building Permit Fee Update
Ms. Moore-Sykes indicated Council had asked Staff to provide information on how the
building permit fee was determined and Staff continues to work on that. She then
indicated that she met with Mr. Rehbein and explained the differences between his
building permit for his residence in The Shores and the building permit issued for Mr.
Carl Buechler's residence in Buechler Estates and they were able to come to an
agreement.
IX. ADJOURNMENT
Motion bv Council Member Nelson seconded bv Council Member Broussard
Vickers to adiourn the November 13. 2002 City council meetini!: at 11:14 p.m. All in
favor. Motion carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 29 of 29
CITY OF CENTERVILLE
CITY COUNCIL MEETING
NOVEMBER 27, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on November 27, 2002, at City Hall, 1880 Main Street. ~@ il
PRESENT: Mayor Tim Swedberg @ (2J
Council Member Travis [P r? 0
Council Member Nelson @rOJ 0 U
Council Member Capra tJ ~
ABSENT: Council Member Broussard lckers
STAFF:
City Administrator Ms. Moore-Sykes
City Attorney Hoeft
I. CALL TO ORDER
Mayor Swedberg called the November 27, 2002, City Council meeting to order at 6:30
p.m.
II. SET AGENDA
Council Member Nelson requested that staff structure discussion at the December 16,
2002 work session be added for discussion.
Mayor Swedberg asked that a discussion concerning the liquor license of Kelly's Komer
be added under Council Business.
Motion bv Council Member Travis seconded bv Council Member Nelson to approve
the al!enda as amended. All in favor. Motion carried unanimouslv.
III. A W ARDS/PRESENT A TIONS/APPEARANCES
1. Mr. Peter Rosenthal- 7129 20th Avenue (Site Plan Review)
Ms. Moore-Sykes explained that the applicant was before the Planning and Zoning
Commission and the Commission recommends approval of the request.
Mr. Rosenthal indicated he is trying to make the best use of his 2.S-acre parcel in order to
be able to put another building in the back.
City of Centerville
November 27, 2002
Council Meeting Minutes
Council Member Capra asked if this was a conforming use and whether all setbacks were
met. Ms. Moore-Sykes indicated that all City requirements had been met.
Council Member Travis asked whether the new parking lot would be blacktop. Mr.
Rosenthal indicated the parking lot would be paved in accordance with the City's
ordinance.
Council Member Nelson commented that it would be nice if the Planning commission
would get into the habit of providing an explanation with its recommendations.
Motion bv Council Member Travis. seconded bv Council Member Nelson to
approve the site plans contin!!:ent upon en!!:ineerin!!: and buildin2 official review. All
in favor. Motion carried unanimously.
2. Mr. Noo Yang. Requesting Amendment to Ordinance #4 Allowing "Slaughter
Shop"
Mr. Noo Yang addressed Council and explained that he is in the process of seeking
approvals to operate a slaughter shop to service the Asian community in the Twin Cities.
Council Member Capra commented that there were federal and state statutes that regulate
this type of practice and asked whether Mr. Vang was currently licensed to operate in
another community. Mr. Yang indicated he is not currently licensed but intends to
comply with all U.S.D.A. and state requirements.
Council Member Nelson asked approximately how many employees Mr. Yang would
have. Mr. Yang indicated he would employ approximately 15 people.
City Attorney Hoeft indicated that Council did not need to worry about health licenses
and should concern itself with the zoning issues. He then suggested that Council
consider determining what zoning would be appropriate for this type of use and allowing
the use by conditional use permit.
Mayor Swedberg indicated he was concerned with the location of this type of facility and
would like to ensure that it would not be located next to any residential uses. He then
said he would prefer that this type of operation be located in an industrial area.
City Attorney Hoeft indicated the City could not preclude this type of activity but does
have the right to determine where this type of use can be located.
Council Member Travis commented that the map indicates the proposed parcel is zoned
1-1. Ms. Moore-Sykes agreed the parcel appears to be zoned industrial.
City Attorney Hoeft suggested the matter be referred to the Planning and Zoning
Commission for consideration and recommendation of the best zoning location for this
type of activity before having Council approve the use based on a conditional use permit.
Page 2 of 10
City of Centerville
November 27, 2002
Council Meeting Minutes
Motion bv Mavor Swedber!!. seconded bv Council Member Nelson to direct Staff to
look into similar facilities in the metro area. reQuirements for such a facility. the
type of zonin!! other communities reQuire. and provide a report to Council at the
first meetin!! in Januarv.
Council Member Capra asked if the City could deny the use if it is not allowed by City
Ordinance. City Attorney Hoeft indicated the general rule is the City cannot preclude
this use from the community but can place it in the zoning district that is most
appropriate.
Mr. Yang indicated he was aware of two other slaughter houses in the metro area and
would provide that information to Staff.
Mayor Swedberg asked Mr. Yang to work with City Staff to gather information.
VOTE: All in favor. Motion carried unanimouslv.
3. Mr. Milo Bennett - Approval of the Purchase of SCBA' s
Fire Chief Bennett addressed Council and indicated he has been before the other two
cities seeking approval of these items as there was not a quorum at the last Fire District
meeting. He then provided information on the SCBA's that the Department is interested
in purchasing and explained that Anoka County passed legislation to allow for taxing for
the new radio system and the money that the Fire District had saved for that purpose
could be used for the purchase of the SCBA's.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
authorize the re-allocation of the money set aside for the radios for use to purchase
SCBA's for the Fire District in the amount of $95.000. All in favor. Motion carried
unanimouslv.
Fire Chief Bennett thanked Council for its approval and then asked for approval to
expend donated funds to purchase 12 new defibrillators as the ones purchased in 1993
have become outdated.
Mayor Swedberg asked if the defibrillators would work on adults and children. Fire
Chief Bennett indicated that the units would work down to 8 years old. He then
explained that, based on research by leading experts, it is not recommended that the
defibrillators be used on children younger than 8. He further commented, however, that
next year it would be possible to upgrade each unit to do so at a cost of $100.00 per unit.
Motion bv Council Member Capra. seconded bv Council Member Nelson to
approve the purchase of 12 new defibrillators and supplies for the Fire District
usin!! the $23.000 from the Fire Fi!!hter's Charitable Gamblin!! Fund. All in favor.
Motion carried unanimouslv.
Page 3 ofl 0
City of Centerville
November 27, 2002
Council Meeting Minutes
IV. PUBLIC HEARING(S)
1. Proposed Ordinance #74 Right ofWav
Mayor Swedberg opened the public hearing at 7:00 p.m.
Mayor Swedberg commented that the proposed Ordinance would allow the City to
control the opening of street cavities for utilities and noted the same type of Ordinance
has been adopted in many other cities. City Attorney Hoeft indicated that the League of
Minnesota Cities had provided the model right-of-way Ordinance to assist cities with
regulating use of its rights of way.
Council Member Capra requested the following changes: On Page 3 of 12 change be to
"been". Page 4 of 12 change date to "data" two occurrences.
Council Member Capra asked whether anyone currently holds a right-of-way permit. Ms.
Moore-Sykes indicated she was not aware of anyone with a current permit.
Council Member Capra suggested the City look at adopting the fee schedule as part of the
other fees that are adopted at the first of the year. Ms. Moore-Sykes agreed to include the
fees for the right-of-way permit in the fee schedule resolution.
Council Member Travis indicated that calculating the fees due seems to be confusing.
Mayor Swedberg asked if the ordinance could be adopted without any fee structure. City
Attorney Hoeft indicated it would be appropriate to do so.
Council Member Capra indicated she would like to continue the public hearing because
she does not feel comfortable with the fee structure and wording in the Ordinance.
Council Member Travis indicated that even though he does not agree with the Ordinance
the City wants this type of infrastructure. Ms. Moore-Sykes indicated the Ordinance
would give the City the authority to manage its rights-of-way and give the City an option
for keeping vendors accountable for restoring the boulevards properly.
Council Member Nelson indicated the fee schedule is not part of the ordinance.
Mayor Swedberg asked if City Attorney Hoeft had any issues with the document. City
Attorney Hoeft indicated he had no issues with the document.
Mayor Swedberg asked if the City could handle fees as an escrow and release the money
when the work is properly completed. City Attorney Hoeft suggested approving the
Ordinance and then determining how to handle the fees.
Page 4 of 10
City of Centerville
November 27, 2002
Council Meeting Minutes
Motion by Council Member Capra, seconded by Council Member Nelson to close
the public hearinl!. All in favor. Motion carried unanimously.
Mayor Swedberg closed the public hearing at 7:15 p.m.
Motion bv Council Member Capra, seconded bv Council Member Nelson to
approve Ordinance #74 with the understandinl! that the rieht-of-way fees and
charees are to be reviewed when the City sets the fees for the first of the year. All in
favor. Motion carried unanimously.
V. COUNCIL BUSINESS
1. Quebec Street Drainage Issues
This item was held for discussion at the next Council meeting.
2. Cable Commission Proposed New Building
Council Member Capra indicated the Cable Commission is seeking consensus of Council
to bring a resolution amending the joint powers agreement to allow the Commission to
own property as part of the proposal to build a new facility. She then indicated that now
is the time to construct the building as bonding rate are good and the Commission
receives PEG fees from AT&T Broadband and that will stop at the end of this franchise.
She further commented that the proposal is to construct the building off of 242/Main
Street in an attempt to be more centrally located.
There was Council consensus to bring the resolution for Council consideration.
3. Proposed Historical Downtown District
Council Member Capra indicated she met with Bonnie McDonald from Anoka County
Historical Society and they took photos within the route of the proposed district. She
then indicated that the meeting was advertised in the Week in Review and the Quad Press
for December 11, 2002.
Council Member Nelson asked if this were to take place whether it would stop the
County from making 14 into a four-lane highway. Council Member Capra indicated she
was not certain but said the City is looking to preserve some of the historic buildings and
the road project is 80% funded by federal funds and that would mean that a study would
be required to determine the historic significance of the buildings in the path of the
roadway.
Council Member Capra indicated it would require 51 % of the property owners to be
opposed to the historic district in order to stop the process.
Page 5 of 10
City of Centerville
November 27, 2002
Council Meeting Minutes
Mayor Swedberg asked if residents are required to attend the December 11, 2002 meeting
as it is the holidays and residents are very busy. Ms. Moore-Sykes indicated this is an
information meeting only and there will be more information provided.
Mayor Swedberg asked Staff to post the meeting on the board outside.
4. Resolution #02-058 Tom Thumb Tobacco Violation
Ms. Moore-Sykes indicated this Resolution is a housekeeping issue to approve the Tom
Thumb liquor violation by Resolution.
Mayor Swedberg asked if Tom Thumb was notified. Ms. Moore-Sykes indicated Tom
Thumb would receive a letter with this Resolution attached.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve Resolution #02-058 as presented. All in favor. Motion carried
unanimously.
5. Resolution #02-01 - Kelly's Komer Tobacco Violation
Mr. Bill Bisek of 7098 Centerville Road addressed Council and apologized for himself
and his Staff for the incident. He then explained that it was a new employee on his first
night and the employee was let go as he has a zero tolerance policy. He further explained
that he has implemented an in house compliance program in coordination with the police
department in an attempt to prevent this type of oversight in the future.
Mr. Bisek asked the City to consider using the fine levied upon Kelly's Komer for the
fire department rather than putting it into the general fund.
Mayor Swedberg indicated the City incurs costs for the compliance checks through the
police department so the fine would be partially used for the police department and the
remainder would go into the general fund. Mr. Bisek indicated he would be fine with
using the funds for the police department.
Council Member Capra thanked Mr. Bisek for taking ownership in this matter and
working to correct the problem.
Motion by Mavor Swedberi!:. seconded bv Council Member Nelson to approve
Resolution #02-061 as presented. All in favor. Motion carried unanimously.
6. Resolution #02-059 Transferring of Funds for Water Main Trunk Costs for CSAH
14 Water Main
Motion by Mavor Swedberl!. seconded by Council Member Travis to approve
Resolution #02-059 as presented. All in favor. Motion carried unanimouslv.
Page 6 of 10
City of Centerville
November 27, 2002
Council Meeting Minutes
7. EDC Request for Funding (New Resident Packets and Snow Biz 2003
Council Member Nelson indicated she was not at the meeting but understands that the
EDC would like to begin the project with this year's budget and complete the project
with funds from next year's budget. She then said that Snow Biz was a success last year
and she feels this is an appropriate expenditure.
Motion by Council Member Nelson. seconded by Council Member Capra to
approve the EDC reauest for fundin!! for new resident packets and Snow Biz 2003.
All in favor. Motion carried unanimously.
8. Staff Structuring
Mayor Swedberg asked Staff to include discussion of staff structure on the December 16,
2002 work session notice.
9. Kellv's Komer Liquor License
Mayor Swedberg indicated that Kelly's Komer has not provided all of its information for
liquor license renewal and he is concerned that there would not be enough time for an
appeal period. City Attorney Hoeft indicated that an appeal process is only necessary if
the license were to be denied.
Mr. Bisek indicated he had spoken with Ms. Bender the day before the meeting and she
had indicated she had received the necessary insurance information so everything should
be in order.
VI. CONSENT AGENDA
1. The City of Centerville November 11, 2002 through November 27, 2002 Claims
for Approval
2. Centennial Fire District Claims
3. Successful Completion of Annual Performance Review of Public Works
Employee Tedd Peterson - Completion of Year 3
4. Northdale Construction Pay Request - $37,651.92
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve the Consent A!!enda as presented. All in favor. Motion carried
unanimously.
VII. APPROVAL OF COUNCIL MINUTES
1. November 5. 2002 Canvassing Board Minutes
Page 7 of 10
City of Centerville
November 27, 2002
Council Meeting Minutes
Motion bv Council Member Nelson seconded bv Council Member Travis to
approve the November 5. 2002 Canvassint!: Board Minutes as presented. All in
favor. Motion carried unanimouslv.
2. November 9. 2002 Canvassing Board Minutes
Motion bv Council Member Capra. seconded bv Council Member Nelson to table
approval of the November 9. 2002 Canvassinl! Board Minutes. All in favor. Motion
carried unanimouslv.
3. November 13.2002 Council Meeting Minutes
Motion bv Mavor Swedberl!. seconded bv Council Member Nelson to approve the
November 13. 2002 Council Meetinl! Minutes as presented. All in favor. Motion
carried unanimouslv.
VIII. ANNOUNCEMENTS/uPDATES
1. 1540 Peltier Lake Drive
Ms. Moore-Sykes indicated that the work continues on 1540 Peltier Lake Drive and said
she would contact the family for a progress report.
2. Capital Proiects
City Attorney Hoeft indicated the complaints have been served and he has heard from
one developer and will proceed accordingly.
Council Member Capra asked if Council could do a motion to grant Woods of Clearwater
Creek a 90-day extension City Attorney Hoeft indicated that the litigation process
enables him to provide an extension.
3. Building Permit Fee Review
Ms. Moore-Sykes reviewed the building permit fee information with Council and
indicated that the City charges up front for some things that other cities charge at a later
date.
Council Member Capra indicated she is concerned with charging 25% above the UBC
schedule. Ms. Moore-Sykes noted that Hugo was still using the 1994 UBC schedule and
they will be correcting that.
Mayor Swedberg commented that it costs $11,130.04 for a furnace, air, and water heater
permit in Centerville where a similar house in Hugo would be $9,613.96, however, the
outdated UBC schedule may affect that number. He then said that Lino Lakes charges
$7,200 so Centerville is 4,000 higher than Lino Lakes.
Page 8 of 10
City of Centerville
November 27, 2002
Council Meeting Minutes
Council Member Capra commented that Lino Lakes does not charge an RED fee which is
a $2,000 charged separately. Ms. Moore-Sykes clarified that Lino Lakes also charges a
fee for future sealcoating and other items.
Mayor Swedberg commented that he does not feel that charging 25% over the UBC
schedule is supportable and he would like some statistical analysis of the fees.
Ms. Moore-Sykes indicated she was not sure statistical information existed but said Staff
would continue to research the matter.
Council Member Travis indicated that the reason the City is looking into this issue is
there may be a challenge in the future and, if the fees are supportable, then the issue is
over.
Council Member Capra indicated the City lowered permit because the fees for finishing a
lower level were $200 to $300 and people were not pulling permits so the City lowered
the fee to $50.00.
Mayor Swedberg said he thinks these fees are excessive and he could see lowering them
by a couple of thousand dollars. He then said that fees are a taxation on people and
someone moving to a new home pays for those fees through the price of the home. He
further commented the City should be charging what is appropriate for the administration
required but should not be out of line with surrounding communities.
City Attorney Hoeft suggested Staff provide further information to ensure that the
comparison is apples to apples before making any decisions.
Mayor Swedberg encouraged Council to review this information in January. He then
asked staff to provide the information to new Council to review the 25% surcharge over
the UBC schedule and to look at the furnace, air and water heater permit to bring it more
in line with the surrounding communities.
Council Member Capra indicated there would be a work session scheduled with the new
Council
4. Pending Issues
Council Member Capra indicated there is a contingent ornament if an artisan cannot be
found. She then asked whether the Mayor would be attending the event and he said he
would be.
Council Member Nelson indicated she would like a pending issues list for discussion on
December 9, 2002 so that the items can be posted for the December 19, 2002 to be
completed before the end of the year.
Page 9 ofl 0
City of Centerville
November 27, 2002
Council Meeting Minutes
Ms. Moore-Sykes indicated there was a bid from Mr. Buechler that can be added to the
list for December 9, 2002. She then said that Mr. Peterson has not yet reviewed the
information.
Council Member Travis noted the city spec is 2 feet of sub-base.
Mayor Swedberg indicated the City could do another piece of work such as 21 51 Avenue
in an effort to lower costs. Council Member Nelson indicated it might be good for the
City to obtain estimates rather than Mr. Buechler.
Council Member Capra asked whether Lino Lakes been contacted to reconstruct their
portion of it.
Mayor Swedberg asked staff to check with Mr. Peterson to determine if Lino Lakes
would like to participate in the project.
Ms. Moore-Sykes indicated the City is waiting for Sensus to contact Staff concerning
when in December training would be available as all necessary information has been
entered into the computer.
IX. ADJOURNMENT
Motion bv Council Member Capra seconded bv Council Member Travis to adiourn
the November 27. 2002 City Council Meetinl! at 7:57 p.m. All in favor. Motion
carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 10 oflO
CITY OF CENTERVILLE
CITY COUNCIL MEETING
DECEMBER 9, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on December 9,2002, at City Hall, 1880 Main Street.
PRESENT:
Mayor Tim Swedberg @
Council Member Travis
Council Member Nelson .@0.r7(?JO
Council Member Capra 0 I V \9
Coun"l Memb", Bro'fl!'!... Vrrn r6J U
None U0Lr Lr
ABSENT:
STAFF:
City Administrator Ms. Moore-Sykes
City Attorney, Mr. Jim Hoeft
City Engineer, Mr. Tom Peterson
I. CALL TO ORDER
Mayor Swedberg called the December 9, 2002, City Council meeting to order at 6:30
p.m.
II. SET AGENDA
Ms. Moore-Sykes asked that Tobacco License renewals be added as item 7 under Council
Business.
Council Member Capra asked that computers for City Hall be added under Updates.
Council Member Nelson asked that items 2, 3 and 4 under Awards/Presentations/
Appearances be removed.
Motion bv Council Member Broussard Vickers seconded bv
Travis to approve the al!enda as amended. All in favor.
unanimouslv.
Council Member
Motion carried
III. AWARDS/PRESENT ATIONS/ APPEARANCES
1. Truth & Taxation/Budget-Levv (2003)
Mayor Swedberg opened the public hearing at 6:37 p.m.
Page 1 of21
Ms. Moore-Sykes advised that presentations are available from City Hall.
Mayor Swedberg explained that an average of a 3% decrease will be seen by most
homeowners. The packet sent out indicated approximately 14%, but did not include
some of the assessments that are added.
Mayor Swedberg asked if the information was available on the City website. It currently
is not, but arrangements will be made to post it as soon as possible.
Mayor Swedberg indicated the public hearing on Truth in Taxation would remain open
for most of the evening meeting.
2. Swearing in of Mr. Terrv Sweeney as Mavor
This item was removed from the agenda.
3. Swearing in of Mr. Tom Lee as Council Member
This item was removed from the agenda.
4. Swearing in of Mr. leffPaar as Council Member
This item was removed from the agenda.
5. NPDES - General Permit ReQuirements & Permit Deadline - Mr. Randy Neorash
(Bonestroo. Rosene, Anderlik & Assoc.)
Mr. Neprash came before the Council to present information on NPDES - General Permit
Requirements and Permit Deadline. Mr. Neprash demonstrated on a map what the census
bureau has defined as an urbanized area, indicating Centerville falls well within this area.
Mr. Neprash indicated that NPDES refers to National Pollution Discharge Elimination
System. Currently NPDES is in Phase Two. Phase One was directed at larger cities,
incorporating only Minneapolis and St. Paul. That portion of the program took
approximately ten years and involved considerable litigation, both before and after the
process. The NPDES requires each city to acquire a permit. The goal of this permit is to
restore and maintain the chemical, physical, and biological integrity of waters of the state
through management and treatment of urban storm water runoff. Centerville would
require an MS4 permit. The deadline for obtaining this permit is March 10, 2003.
Mr. Neprash is recommending that the City reconsider its position on enrolling in the
Guide Plan. Approximately 150 cities have already joined, bringing the cost down from
the original $5,000.00 per city to the current $3,000.00 per city. The cost may decrease
additionally if more cities choose to participate.
Page 2 of2l
By enrolling in the Guide Plan the City would be provided with assistance in all eight
steps necessary to apply for the permit and be in compliance. This includes tools and
materials needed to complete the mandated Storm Water Pollution Prevention Program
(SWPPP), which must be attached to the application.
Mr. Neprash indicated that no guidance documents have been released. Without
enrolling in the Guide Plan Centerville would be pretty much left to their own devices.
Mayor Swedberg asked if the next step after joining the Guide Plan was to hire someone
to control the process, which is why the estimate for compliance is $10-15,000. Ms.
Moore-Sykes indicated that was correct.
Mr. Neprash stated the average cities have been seeing a cost of $12-16,000 to get
through steps 1-8. The broader range involves steps 7 and 8, which include filling in any
gaps in the plan and finalizing the permit application and SWPPP.
Mayor Swedberg indicated the League of Minnesota Cities (LMC) is Centerville's
engineers. He questioned why the City would need to pay additional money for this
information, rather than have it provided by Bonestroo, Rosene, Anderlik & Assoc. Mr.
Neprash indicated that every page of the Guide Plan is copy written. If the City chooses
not to participate, LMC would have to provide alternate but similar tools and materials.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to participate in the Guide Plan. All in favor. Motion carried unanimously.
6. Mr. Gerald Rehbein - Carpenter Condemnation
Mr. Gerald Rehbein appeared before the Council concerning a section of land involved in
condemnation for sewer improvements. Mr. Rehbein has attempted to acquire the land
from the current owner, however the amount of money being requested is unreasonable.
Mayor Swedberg indicated the Council had pulled back from this project due to the fact
that outstanding engineering fees have not been paid by the developer. He asked if the
Council wanted to reconsider at this time.
Council Member Travis asked what the purpose of revisiting would be. Mayor Swedberg
explained it was difficult for the City to become a middleman in these types of situations.
Mr. Rehbein asked that the Council revisit this issue. Mayor Swedberg indicated the
Council has chosen not to revisit.
IV. PUBLIC HEARING(S)
1. Vacation of Goiffon Road
Page 3 of21
Father Tom Fitzgerald, 7087 Goiffon Road, appeared before the Council concerning the
requested vacation of Goiffon Road. Fr. Fitzgerald explained the location of his concern,
where Main Street makes a 45-degree turn. He indicated the danger of the turn and gave
examples of trucks not being able to make the turn, which is a 10-mile per hour curve,
and entering the church parking lot at inappropriate speeds as a result. Fr. Fitzgerald
stated that during rush hour cars are moving slower and are following each other so they
see the turn approaching, however during other times of the day or night they inevitably
end up in the church parking lot.
Fr. Fitzgerald indicated he has been at the church for three years, and has seen the
situation worsen. He has been surprised that no one has been seriously injured, and
would like to correct the situation before that happens. Fr. Fitzgerald is asking the
Council to vacate the road or make it a temporary dead-end.
Council Member Capra stated she spoke with the City about vacating the street. They did
not have a problem with doing so.
Mayor Swedberg opened the public hearing at 7:08 p.m.
Council Member Broussard Vickers asked the Council to review a memo from the Parks
and Recreation Committee giving their recommendation. They advised that the Council
take into consideration the trail plan and expressed concern about access to Laurie
LaMotte Park if Goiffon Road is vacated. They recommend a temporary dead-end be
constructed until the church plans for renovation or expansion are known, with a trail
easement provided by the church at that time.
Council Member Capra indicated she had spoken with Fr. Fitzgerald concerning the trail
easement and the church is open to this suggestion.
A member of the audience asked if a decision had been made on improving County Road
14. Mayor Swedberg indicated the proposal goes from 35W to 35E, including trail
around lake, past church, to LaMotte Park. The proposal calls for design completion in
one to one and one-half years with construction commencing in 2006.
Ms. Moore-Sykes advised the Planning and Zoning Commission denied due to the
improvements on County Road 14. They recommended not vacating Goiffon Road at
that time.
Council Member Capra asked if the City would have any liability if they were to choose a
temporary dead-end. City Attorney Hoeft indicated they would not.
Ms. Suzanne Seeley, Parks and Recreation Committee, questioned the purpose of
barricading the street and creating a dead-end. She expressed concern that vehicles
would then run into the barricade. Council Member Broussard Vickers stated that if the
City chose to vacate the street, the church would then barricade that section and the result
would be the same.
Page 4 of21
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to close the public hearin2. All in favor. Motion carried unanimously.
Mayor Swedberg closed the public hearing at 7:17 p.m.
Motion by Council Member Nelson. seconded by Council Member Capra to
approve Resolution #02-060. contin2ent on appropriate Department of
Transportation si2na2e bein2 installed at location.
Council Member Travis asked that the Council keep in mind that Parks and Recreation
Committee and Planning and Zoning Committee turned this down.
VOTE: Aye: Mayor Swedber2. Council Members Nelson and Capra: Nay: Council
Members Travis and Broussard Vickers. Motion carried.
2. Mr. & Mrs. John Buckbee III. 7381 Peltier Circle - Preliminary Plat
Mr. Dave Gonyea, MFRA Developers presented a drawing of the Preliminary Plat
design, which demonstrates the proposed layout of the development.
Mayor Swedberg opened the public hearing at 7:20 p.m.
Mr. Gonyea indicated the changes made, with Lot 1 and 10 becoming single-family
homes. This layout would provide 9 new single-family homes, 16 twin homes and 1
existing single family home for a total of 26 lots. This number has been reduced from the
last drawing. Also, additional engineering specifications have been added, and Ryan
Bluhm, engineer for the development is in attendance to answer any questions.
Council Member Capra indicated the request is for a PUD, however the plat layout does
not show the 20 percent green space required. Mr. Gonyea stated they are seeking a
preliminary plat approval without a PUD.
Council Member Capra stated that the setbacks do not conform for plat approval. City
Attorney Hoeft indicated if not presented as a PUD, layout must meet lot line
requirements. Mr. Gonyea indicated that R-2 zoning states you may have twin homes.
Ms. Moore-Sykes stated the requirements for R-2 zoning is 15,000 square feet of
property and a minimum 1 50-foot lot width. In this case they are looking at twin homes
as a whole and considering the lot as the property surrounding and under both homes.
The Council discussed the ordinance governing R-2 zoning. It was determined that under
the ordinance single-family detached and single-family attached homes were allowable.
Single-family attached housing is defined as 1 or 2 homes with a common wall, which
pertains to the proposed twin homes.
Page 5 of21
Mayor Swedberg stated he would vote in favor of approval if the plat drawing was for all
single-family homes. He indicated the Council tries to blend the attributes of the
community when making these decisions. He also expressed concerns about the
watershed effects on the creek. He would want to be sure houses are high enough that
they do not flood when the creek rises.
Ryan Bluhm, engineer for the development, stated the elevation was 902 to 905 feet, 10-
15 feet above the flood line. The dashed line indicated on the drawing represents the
100- foot setback required by the Rice Creek Watershed.
Mayor Swedberg referred to the lowest part on the southwest side of property, asking Mr.
Bluhm if he thought they would get water in that area. Mr. Bluhm indicated the highest
recorded water line is 886.63 feet. The rear elevation is 3 feet above that measurement
and the basement is 4 feet above the pond line requirement.
Mayor Swedberg reiterated that he was concerned about water in Lot 1 and was also
concerned about the construction of twin homes. He feels twin homes are not compatible
with the rest ofthe area. The Council has tried to mitigate the construction of twin homes
and town homes in other parts of the City and feels they should do the same here.
Council Member Broussard Vickers stated that it appears everything is within the
ordinance based on the plat drawing. Questioned whether the Council had the authority
to deny the request. City Attorney Hoeft stated the Council would need to look at
rezomng.
Mr. Gonyea indicated the twin homes proposed would be two-story slab on grade, which
is very easy to market. This was designed to eliminate basements to address the water
issues. A single-family home without a basement is not easy to market.
Council Member Broussard stated that elsewhere in the City where there are twin homes
they are surrounded by single-family homes. She appreciates the developer separating in
this case. She feels this is a permitted use, assuming no other variances are needed, and
the developer has met the requirements ofthe zoning.
Mayor Swedberg also expressed his appreciation for the segregation ofthe twin homes.
Council Member Capra addressed the back setbacks, indicating they were close to the lot
lines. She questioned whether decks could be built without impeding on setbacks. Mr.
Gonyea indicated he intends to comply with all ordinances.
Council Member Capra asked why they were requesting PUD rather than just preliminary
plat approval. Mr. Gonyea indicated there had been some confusion with the Planning
and Zoning Commission about the ordinances and they wanted to cover all the bases.
Mr. Bill Svetin, 1687 Peltier Lake Drive, a resident from across the street of the proposed
development, expressed concern about two-story housing being built in that area. He
Page 6 of21
indicated it would ruin the look of the neighborhood, which currently is comprised of
single-family one-story or split-level housing. He stated he is not against multi-family
housing, but feels this development does not fit the neighborhood. Mr. Svetin feels a
multi-unit structure should be built on 30,000 square feet, not 15,000 square feet,
according to the intent of the ordinance.
Mr. Svetin also expressed that just because the plans meet the Ordinance, does not mean
the Council has to approve. The City Council and Planning and Zoning Commission are
meant to represent the majority of the people. The people being represented are here to
address their concerns.
Mr. John Buckbee stated that as a property owner he frequently walked the property to
check the fences and low lands. He has never seen it flooded. He indicated they made
the decision to build slab on grade to pro actively address the water issues neighbors with
split-levels are facing. They are not expecting water problems in the lower level because
of the slab on grade construction. Mr. Buckbee stated their personal home, which will
remain on the property, is a two-story structure. A nearby neighbor also has a home with
this type of height. He feels their home would look odd next to a one-story home and
would like to see two-stories built. He feels the overall effect would be aesthetically
appealing. Mr. Buckbee also indicated there are several multi-unit homes in the general
neighborhood. There is an apartment building and other instances where a PUD overlay
was granted and there are attached dwellings. In the comprehensive plan addressing
density, R-2 zoning requires single-family homes should have two plus acres and
attached homes should have four plus acres. All of their lots are over and above these
requirements.
Mayor Swedberg clarified the issue of height. The ordinance allows a maximum height
of 35 feet, which is comparable to a three-story house.
Wayne LeBlanc, Parks and Recreation Committee member, addressed the Committee's
recommendation to request money in lieu ofland. The vote ofthe Committee was four in
favor of money and three in favor of land. Mr. LeBlanc indicated he had voted in favor
of land. He presented the Council with information concerning current parkland within
Centerville and the fmances available to the Parks and Recreation Commission. He
advised there are no parks in the Northwest area of the city. Mr. LeBlanc feels it is
important that park areas are available every one-half mile, even if small, so kids don't
have to play in the street. While there is an elementary school nearby, there are no
parking signs at the school and toddlers are not allowed to use the facilities during the
school day. Also, there is not toddler-age equipment available. Centerville is expected to
grow to 5,000 people. Guidelines indicate there should be six acres of parks per person.
The codes of the City allow the request for 10 percent of the development, and should be
exercised. This land would be a great asset to the City.
Council Member Nelson asked if Mr. LeBlanc had a place in mind on the plat that would
be appropriate. Mr. LeBlanc indicated an area on the plat map, indicating the developer
Page 7 of21
could rearrange the current housing. He further stated with the concerns of high density
in the development, parkland would help mitigate.
Council Member Nelson stated she agrees with Mr. LeBlanc concerning the receipt of
land in this situation. She feels money comes and goes, but land stays. She believes even
if the land can not be developed at this time, it needs to be received.
Council Member Broussard Vickers reminded Council that the Parks and Recreation
Committee recommended not taking land. The vote was close, but the decision was to
take money.
Mayor Swedberg asked if the City Attorney would speak concernmg an outside
discussion with developer.
City Attorney Hoeft indicated he spoke with Mr. Gonyea regarding the plat. It was
agreed that Mr. Gonyea should remove the lot lines on the twin homes. Under the
ordinance, the development would be able to be used for single family or twin homes.
He asked that the Council keep in mind that where the houses are showing on the plat is
not necessarily where the home will be located. The Council is only approving the lot
lines and the layout of the development. Even in areas showing single-family homes
now, twin homes could be built there after plat approval under R-2 zoning. The size of
the lot and ordinance dictates what could be built there, providing setbacks are met.
Mayor Swedberg asked for clarification that houses could be built anywhere on property,
providing setbacks were met. City Attorney Hoeft indicated this was correct. Mayor
Swedberg asked if it was the choice of the City to accept land or money, regardless of the
Parks and Recreation Committee recommendation. City Attorney Hoeft indicated
affirmatively.
Council Member Nelson questioned if the discussion on land versus money needed to be
held at this meeting. City Attorney Hoeft affirmed it did, unless the Council was taking
the Parks and Recreation recommendation.
Mr. Gonyea stated the plat drawing had been changed to meet the City's engineering
requirements. He expressed that the intent of the drawing was to show which lots would
be used for single-family residences and which would be twin homes. Although the R-2
zoning does not mandate it, they would be willing to write into the Developer's
Agreement what type of housing each lot will have.
Council Member Capra asked for clarification on how the amount of park money is
determined. Ms. Moore-Sykes stated it is $2,000 per unit, or $50,000 in this case.
Sidewalk cost would be in addition.
Mrs. Sanna Buckbee stated to the Council that four other developments have been
approved without donation of land in Centerville. She has personally driven and
determined there are three parks within six-tenths of a mile from the property. In the
Page 8 of2l
previous four cases, the Council has followed the Parks and Recreation Committee's
decision. She questions why the Council is considering going against it now.
Mayor Swedberg questioned the lot widths shown on the plat of 58 feet and 44 feet. If
minimum lot width is 100 feet, he asked why these are so small. Mr. Gonyea indicated
the lot width is measured at the homes front setback, not edge of property.
Ms. Judy Coates, 1638 Hunters Trail, stated she moved to Centerville in August from a
twin home in Woodbury. She stated her concern about the number of cars and driveways
associated with twin homes when children are in the area. If there are three-car garages
on the single-family homes and three-car garages on each portion of twin home, traffic
can be heavy. She feels this is a problem for the area.
Council Member Nelson asked Mr. Gonyea to speak to the parkland proposed if Council
chose to take land. Mr. Gonyea stated it would need to be evaluated, but expressed
concern for the parcel Mr. LeBlanc had indicated as a possibility due to water being on
three sides of that parcel. He felt this would be an issue to use for children's play area.
Council Member Nelson asked what amount of property would be taken. Council
Member Broussard Vickers indicated 10 percent, or 1.5 acres. Mr. Gonyea clarified that
it is 10 percent of use able land, and the wetlands are not useable.
Mr. Don Simonson, 7263 Centennial Road, questioned the elevation of lots on each end.
He stated that an ice damn on the lake would create a flooding situation for these houses.
Mr. Shimon, 1751 Peltier Lake Drive asked City Engineer Peterson if he had obtained
elevation of other problem land. He then stated the land in proposed development is
higher than the other property. While there is a holding pond, he is concerned about run-
off ending up in abutting property basements. He further stated this issue already exists
in other areas of the city and will result in additional lawsuits, which cost the taxpayers
money. He asked who could guarantee that the abutting homes will not be affected. Mr.
Shimon asked if it was the City Engineer's problem for signing off on the plans or the
builder's problem. He stated the pond will be partly in his backyard and he wanted these
issues addressed, with all the children in the area, before a problem occurs.
Mayor Swedberg stated a decision hadn't been made on who was liable when it was on
private property. Some developments like Center Street didn't have a grade when put in.
The City does not want to create new problems, and does not intend to push water off on
another property.
City Engineer Peterson stated the elevation is 890 feet at the intersection, and the sanitary
sewer is 10 feet lower. He stated that except for one house, which is at 889.5 feet, the
remaining houses are 892 or higher.
Mayor Swedberg acknowledged that Peltier Road has 'speed bumps' where pipes have
floated up. Mr. Gonyea stated that when those properties were built, the ordinances were
Page 9 of21
not the same. He reiterated that approval was contingent on Rice Creek Watershed also
approvmg.
The Council took a 10-minute break at 8:35 p.m., returning at 8:45 p.m.
Ms. Suzanne Seeley indicated a lot of time has been spent talking about City water. She
questioned what will happen to existing houses on Peltier Road. Mayor Swedberg stated
the logical process would be to take water up to Lakeland Hills. He believes the
developer would take the water into the development and the City would take it to
Lakeland Hills to complete the loop.
Ms. Seeley asked if storm drains would be done at that time also. City Engineer Peterson
stated they wouldn't continue with storm drains past the development unless the streets
were also done. It is not cost effective unless you do both at once. Ms. Seely asked if
storm drains were installed it would mean digging up the road. City Engineer Peterson
stated it could, in some areas.
Council Member Broussard Vickers indicated in recent years, the City has required
developers to pay 50% of the cost going by existing properties. As an example, the
amounts being reviewed tonight for a different development are $4000 to $4500 per
property. These amounts are a guideline only and the final cost is totally dependent on
the individual project. In addition, there is a hook-up fee of $2000 at the time you hook-
up. This is not a requirement when water is installed. A meter fee of $295 and the cost
of stubbing from the line to your home are additional.
Council Member Capra added many homeowners stub to their house at time of project,
whether or not they intend to connect immediately, as the cost is typically lower than
doing it after the project is completed.
Mr. Buckbee indicated Centerville is 2.2 square miles, with some of that being lake. The
City needs to decide how much park they want in that small of an area. As a lake
property owner, he feels being on the water makes your backyard that much bigger.
Most of the proposed homes are on the creek or the channel. He does not see the need for
additional parkland. He further stated water run-off will be engineered. The City has
regulations on sump flow. He cautioned the City to ensure any conditions in the abutting
property aren't pre-existing, as many of the areas split-level homes have current water
problems. He wouldn't want to be responsible for something that was already a problem.
Mr. Buckbee added that a home in the area recently sold for $190,000. The twin homes
alone are expected to sell for $300,000 and up. He believes this would be a welcome step
up for the neighborhood.
Mr. Tom Lee from the Parks and Recreation Committee informed the Council he voted
against taking land, stating there is no parking lot space, no sidewalks, bad access, and
further adding the City is struggling to support the parks they have now. The Parks and
Recreation Committee has not been recommending taking land in recent developments
hoping money would help support what they have.
Page 10 of21
Council Member Capra asked if the Parks and Recreation Committee had taken into
consideration open spaces in their decision. She was not thinking of play structures,
simply open areas or possibly benches for bird watching. Mr. Lee stated this was
discussed, but still requires maintenance.
Council Member Broussard Vickers added that the terrain does not lend itself to a play
field, such as a soccer or softball area. Mr. Lee added that money is certainly a problem.
The Parks and Recreation Committee haven't seen it available. He feels that with the
size of many of the proposed lots, as well as the areas that can not be built on, there will
be plenty of open space.
Council Member Capra asked if the Council could require additional green space. City
Attorney Hoeft indicated they could only require the Parks and Recreation dedication
amount.
Mr. Leon Moran, 1743 Peltier Lake Drive, stated there have been past mistakes building
on low ground in the area. He would hate to see additional homeowners have water
problems.
Ms. Bonnie Larson, 1724 Peltier Lake Drive, echoed Mr. Moran's comments. She
indicated her house has many water problems. She stated Peltier Lake Drive was
replaced in 1987 and previously in 1979. She is concerned that the extra traffic and extra
run-off is going to cause extra wear on the road, necessitating the road being ripped up
for larger sewer systems. She does not want to have to pay for the same road over and
over agam.
Council Member Nelson indicated her home was a slab on grade with sand under it. She
indicated she does not have any water issues. Mr. Gonyea indicated that is how the twin
homes would be built.
City Engineer Peterson stated all storm sewer drains are self-contained in the plat.
Additional run-off will not go out to Peltier.
City Attorney Hoeft offered the Council several options. He stated Council could
approve subject to boundary lines being removed from twin home lots, engineer review
and Rice Lake Watershed approval. Council has additional time to consider. He
indicated his preference would be to have plat come back without lot lines and with
en~ineer review completed. He recommends continuing public hearing to December
19t . The next Watershed meeting is on December 11th.
Mayor Swedberg stated he feels it is appropriate to use twin homes to eliminate density,
but inappropriate to use them to increase number of units. He reiterated his concern
about Lot 1, indicating he does not want to put someone in a wet house. If land were
chosen, would recommend the southwest comer for park dedication. He further stated he
wants this development to blend into the existing area. and does not see how twin homes
Page 11 of21
can blend. He realizes this is an economic decision; however, everyone must consider
the culture and characteristics of the town. Centerville relishes their small town look.
Mayor Swedberg asked if the City Engineer could guarantee Lot 1 will not be wet. City
Engineer Peterson indicated Rice Creek Watershed had approved and it will not be wet.
He stated the drain area would have new storm sewers and drain tile, which would help
also.
Mayor Swedberg asked each Council Member to indicate their preference on land versus
money. Council Member Broussard indicated money. Council Member Capra stated she
would have liked the Parks and Recreation Committee to explore different types of park,
such as a bird watching area. She indicated her choice would be money. Council
Member Nelson reiterated that money comes and goes but land does not. She would like
to take the land since cash fees have been taken for a while, even if development takes
some time. Council Member Travis indicated money and that Parks and Recreation can
always buy land if they want.
Council Member Capra asked the neighboring residents in attendance how many wanted
land, versus money. Seven indicated land, two indicated money.
Mrs. Buckbee opposed the polling of the audience.
Mayor Swedberg stated asking a question of those in attendance is well within the rights
of the Council. Mayor Swedberg indicated he also requested land, given his belief that
Lot 1 will be wet.
Motion bv Council Member Nelson. seconded bv Mavor Swedberl! to reauest
parkland dedication as opposed to park fees.
Council Member Capra asked if the City could pick where the 10 percent came from.
City Attorney Hoeft indicated it was up to the developer.
VOTE: Ave: Mavor Swedberl!. Council Member Nelson; Nav: Council Members
Travis. Capra and Broussard Vickers. Motion failed.
Council will take the park dedication fees.
Mr. Gonyea indicated that the Council is asking for removal of the lot lines on the plat.
According to ordinance, either a single family or multi-family home could then be
constructed on these lots. They had intended to designate in the Developer's Agreement
what type of housing would be built on which lot.
Council Member Broussard Vickers indicated that would be better for the Council.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra. for discussion. to reauest cash for sidewalk in lieu of installation.
Page 12 of21
Council Member Broussard Vickers indicated there was no place in the development for
a trail. She stated a sidewalk had been drawn in instead on the south side but was not
necessary.
Council Member Capra asked what the space by the canal was like. City Engineer
Peterson indicated it was sloped, open ground, would be owned by someone but not
developed. Council Member Nelson stated her concern of not having a trail or a
sidewalk. If you have kids, there is nowhere to walk.
VOTE: Aye: Council Member Broussard Vickers: Nay: Mayor Swedber!!. Council
Members Capra. Nelson and Travis. Motion failed.
Motion by Council Member Nelson. seconded by Council Member Capra to request
the sidewalk is installed as indicated in plan.
VOTE: Aye: Mayor Swedber!!. Council Members Nelson and Capra: Nay:
Council Members Travis and Broussard Vickers. Motion carried.
Motion by Council Member Nelson. seconded by Council Member Capra to
continue the public he ann!! until December 19. 2002.
VOTE: Aye: Mayor Swedber!!. Council Members Nelson. Capra and Travis: Nay:
Council Member Broussard Vickers. Motion carried.
Mayor Swedberg continued the public hearing at 9:30 p.m.
Ms. Moore-Sykes requested that the Buckbee's formally withdraw their request for a
PUD through means of a letter.
Council Member Capra asked if the developer would consider an easement to the city in
the channel area, which cannot be developed, for benches. Mr. Gonyea said they would
consider it.
3. CSAH 14 Special Assessment Roll
Mayor Swedberg opened the public hearing at 9:40 p.m.
Council Member Broussard Vickers asked if the City has received any letters of intent to
reject. Ms. Moore-Sykes indicated if the City proceeds with assessment as discussed
previously, no.
Council Member Capra indicated a page in the packet has incorrect amounts. She
clarified amounts of $4,330 per property, $20,000 for Waterworks, $30,310 for Defoe,
and $62,249 for The Shores. With $41,760 in City oversight costs, the total is slightly
less than $200,000.
Page 13 of2l
Council Member Broussard Vickers clarified that if written objection was not received
prior to the City Council meeting owners forfeited their rights. City Attorney Hoeft
indicated that is correct.
A member of the audience indicated he felt the developer was getting a good deal, as the
property owners already paid for their wells and now had to pay for water again.
Mr. Jeff Nottum, 7238 Main Street, asked how the open space was assessed since the
City was bringing water to Waterworks and The Shores. Mayor Swedberg indicated they
were charged for seven lots at $4,330 per lot. Mr. Nottum stated the space has potential
for many more than seven. He asked what would happen if they put in fifteen,
questioning ifthere would be a kickback for each of the residents.
Council Member Broussard Vickers indicated there would not. She indicated they
weighed both sides when determining number of lots, including lot size. If the City
charged them for fifteen lots, they would have to approve that many lots when the
property was developed.
Mr. Nottum reiterated they are hoping for a refund if that area is developed further.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to close the public hearine. All in favor. Motion carried unanimously.
Mayor Swedberg closed the public hearing at 9:48 p.m.
Motion by Council Member Capra. seconded by Council Member Nelson to
approve Resolution #02-056 as presented. All in favor. Motion carried
unanimously.
Motion bv Council Member Nelson. seconded by Council Member Broussard
Vickers to close the public hearinf!: for Truth in Taxation. All in favor. Motion
carried unanimously.
Mayor Swedberg closed the public hearing at 9:51 p.m.
4. Mr. & Mrs. John Buckbee III. 7381 Peltier Circle - PUD/Special Use Permit
The request was withdrawn.
5. Mr. Gerald Rehbein - 20th Avenue South. Lot Split/Variance Request
Mr. Gerald Rehbein stated he was requesting this lot split to accommodate a dog kennel
on this property. The lot was split three years ago, but not recorded. Now size
requirements are bigger, but he has no additional property to increase the split. He
indicated the Planning and Zoning Commission had agreed.
Page 14 of2l
Mayor Swedberg opened the public hearing at 9;54 p.m.
Council Member Travis indicated the Planning and Zoning Commission had approved
this request with a sixty-foot width easement. There is currently a 30-foot easement and
they requested 30 more to prevent land locking.
Council Member Broussard Vickers asked if the variance request met the requirements of
hardship. Ms. Moore-Sykes indicated the variance was needed due to a failure to record
the split originally and the subsequent change in ordinance requirements.
Council Member Broussard Vickers indicated this was not a change in the ordinance, but
a rezoning situation that was never completed due to failure to file by Mr. Rehbein.
City Attorney Hoeft indicated this variance does not meet the proper requirements for
hardship and the proper way to handle would be to change the zone.
Council Member Broussard Vickers indicated there was a lot of discussion surrounding a
Light Industrial zone three years ago when this split was first requested. The City felt
there was a need for a compromise between Commercial and Industrial and determined
this would fill that need. The City didn't create the hardship, the failure to file did.
Council Member Travis asked that the Council consider if they want to get this property
back on the tax roll or have vacant.
Council Member Nelson asked how they could meet the variance requirements. City
Attorney Hoeft indicated the Council would need to change the requirements in the
current zone or create a new zone.
Mayor Swedberg asked if it would be possible to add 40 feet from the adjoining property
to reach the 200-foot requirement. Mr. Rehbein indicated this would encroach on the
building.
After much discussion, the Council recommended the option of putting a road in as far as
the driveway of the smaller property, allowing the owner to use the road footage to reach
the 200-foot requirement. The road would need to be paved as far as the driveway to the
kennel and meet the engineering specifications of the City. Additionally, an easement
would need to be granted from the end of the paved area to the back of the property to
avoid land-locking the back parcel.
Mr. Rehbein indicated he would speak with the kennel owners and see how they wanted
to proceed.
Motion by Council Member Nelson. seconded by Council Member Broussard
Vickers to close the public hearinl!. All in favor. Motion carried unanimously.
Page 15 of21
Mayor Swedberg closed the public hearing at 10: 16 p.m.
Motion by Council Member Nelson. seconded by Council Member Broussard
Vickers to deny the Lot SplitlVariance Reauest for Gerald Rehbein. 20th Avenue
South based on failure to meet variance criteria and creation of a non-conformin2
lot. All in favor. Motion carried unanimously.
Council Member Broussard Vickers stated she still believes there is a place for Light
Industrial zoning in Centerville. It has been approved once and could be done again.
6. Delinquent Utilities/Garbage Services Certification - Payable in 2003
Ms. Moore-Sykes reviewed most current list of delinquent utilities/garbage services that
were payable in 2003.
Mayor Swedberg opened the public hearing at 10:30 p.m.
Mr. Bill Bisek, 7098 Centerville Road expressed concerns on actions taken on delinquent
garbage bills. He asked why the City was acting as a bill collector for its vendors, stating
they don't take this approach with the gas or electric companies. He also is concerned
about the method of notification to owners. The information is published in the
newspaper by Tax ill number. He questioned how many people knew their Tax ill
number by heart. He indicated any notification from the City went to the property, and
his renters did not forward. He also asked how the City received information from Waste
Management of delinquencies, stating their accounting practices were sometimes in
question.
Mayor Swedberg stated Ordinance #1, dating back to 1959, addresses garbage.
Council Member Broussard Vickers indicated the City does not have owner information
so they have no choice but to send notification to the property.
Mr. Bisek indicated a portion of the fee paid for rental property licensing is to be notified
of delinquent utilities. He is also notified by Minnegasco and NSP and questioned why
the City does not handle it in the same way.
City Attorney Hoeft stated the City maintains a contract with Waste Management,
including the option to collect bills, if so desired.
Mr. Bisek reiterated that the notification process is poor. He would like to see a copy of
the letter sent out, indicating Minnegasco sends one to the address and one to the property
owner.
Council Member Broussard Vickers asked if Mr. Bisek was requesting that the City
maintain separate addresses for landlords. Mr. Bisek stated he was.
Page 16 of21
Mayor Swedberg asked ifthe City worked with the people in this situation, doing follow-
up with them. Ms. Moore-Sykes indicated they do not, they send the notice and that is
all.
Mr. Bisek stated the tenants had tried to clear up bill prior to the certification however
Waste Management would not accept payment. He believes it is because their records
were already turned over to the City.
Council Member Broussard Vickers requested that a record of alternate addresses for
landlords be maintained by the City.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to close the public hearine. All in favor. Motion carried unanimouslv.
Mayor Swedberg closed the public hearing at 10:48 p.m.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to certifv the delinquent earbaee services pavable in 2003. All in favor.
Motion carried unanimouslv.
Mr. Bisek questioned how he could get the bill paid so the lien was removed from the
property. Ms. Moore-Sykes asked that he contact the City Clerk in the morning and she
would instruct him on how to proceed.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to certifv the delinquent utilities pavable in 2003. All in favor. Motion
carried unanimouslv.
V. COUNCIL BUSINESS
1. Mr. James Kilbane. 6873 Deer Court - Request for Extension for Ord. #4. Div.
100 (Fence) Compliance.
Ms. Judy Coates expressed to the Council her concern about the fence built by Mr.
Kilbane. She indicated it obstructs the view from her home and feels it is not in
compliance with City codes.
Ms. Coates explained that the fence is located in the Hunters Crossing subdivision. She
indicated there were two ponds in the area, which are blocked by the fence. The fence
goes in front of Lots 4, 5 and 6 on Hunters Crossing.
Council Member Broussard Vickers indicated the homeowner sent a letter indicating he
received written permission to place the fence closer to the street. Ms. Moore-Sykes
explained that the homeowner only has one violation, which is that the fence is too close
to the street on one side of the property. The homeowner is aware of this and is only
Page 17 of21
asking for an extension of time to remedy the problem due to weather and his inability to
move the fence until spring.
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to extend the date of compliance with Ord. 4. Diy. 100 until 05/30/03. All in
favor. Motion carried.
2. Kelly's Komer Liquor/Tobacco License Renewal (2003)
Ms. Moore-Sykes indicated Kelly's Komer has complied with all requests.
Motion by Council Member Broussard Vickers. seconded bv Council Member
Travis to approve Kelly's Korner Liauor and Tobacco License for 2003. All in
favor. Motion carried unanimously.
3. Quebec Street Drainage Issues
City Engineer Peterson indicated the engineering survey has been completed on Quebec
Street. It was determined there is room to drain, with an estimated cost of $26,000. This
includes all seven homes, 630 feet of pipe, removal of fences, etc. Does not include
running pipes into yards.
Council Member Broussard Vickers recommended a letter be sent to the seven
homeowners, indicating the City would provide a plan but they would need to hire the
contractor. She asked if the City would also offer to run the job and assess the
homeowner, possibly allowing them to pay over several years.
Mayor Swedberg cautioned about setting a new direction in policy. Would open the City
to deal with all water problems, offering engineering expertise and assessment options.
Council Member Capra asked what recourse the City would have if a homeowner put fill
in their yard. City Attorney Hoeft indicated it would be a civil suit between owners. The
City may be able to press criminal charges for violation of an ordinance, but would hold
the burden of proof.
Council Member Broussard Vickers reiterated that to go in between solving the issue and
doing nothing she feels it appropriate to offer engineering expertise and assessment
options. All seven owners would need to agree to the assessment.
Council Member Nelson reminded the Council of the precedent they would be setting.
The City would have to be prepared to offer the same amount of assistance to other
neighborhoods.
Council Member Broussard Vickers stated that anyone who can get all of his or her
neighbors to agree to an assessment should be offered that option.
Page 18 of2l
A member in the audience stated that one of the property owners indicated the yard was
not graded properly. He wondered if it is up to the city to grade. City Attorney Hoeft
stated the City Engineer reviews and approves site plans to ensure elevations are proper.
Once it has been reviewed and approved by on-site engineer viewing, the City liability is
complete.
4. NPDES Phase II Proiect/LMC Guide Plan ($3.000)
Discussed and approved after Presentaf . No further action needed.
5. Resolution 2-062 ersonnep.jgdc
Council Member C noted a correction to page four of the policy where a sentence is
missing. She instructed staff to add 'Personnel files are permanent documents of the City
and are not to be removed from the premises.' She also noted that the Resolution number
should be 02-064.
Motion by Council Member Nelson. seconded by Council Member Capra to
approve Resolution #02-064 with the above amendments. All in favor. Motion
carried unanimously.
6. Mound Trail Construction (Peterson)
City Engineer Peterson indicated this issue would be postponed until spring. The frost
line is approximately two feet and too deep to pursue any further this year.
City Attorney Hoeft indicated the Council could delegate authority to the City Engineer
to determine the appropriate time to continue construction.
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to dele2ate authority to City En2ineer Peterson for the construction of
Mound Trail. All in favor. Motion carried unanimously.
7. Tobacco License Renewals
Motion by Council Member Broussard Vickers. seconded by Council Member
Nelson to approve all Tobacco License Renewals presented at this time. All in favor.
Motion carried unanimously.
VI. CONSENT AGENDA
1. The City of Centerville November 28, 2002 through December 9, 2002 Claims for
Approval
2. Centennial Fire District Claims
Page 19 of21
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to approve the Consent Al!enda as presented. All in favor. Motion carried
unanimously.
VII. APPROVAL OF COUNCIL MINUTES
1. November 9. 2002 Canvassing Board Minutes
Motion bv Council Member Capra seconded bv Council Member Broussard
Vickers to approve the November 9. 2002 Canvassinl! Board Minutes as presented.
Council Members Nelson and Travis abstained. All in favor. Motion carried.
2. November 27.2002 Council Meeting Minutes
Motion bv Council Member Capra. seconded bv Council Member Broussard
Vickers to table approval of the November 27. 2002 Council Meetinl! Minutes
pendinl! review. All in favor. Motion carried unanimouslv.
VIII. ANNOUNCEMENTSfUPDATES
1. 1540 Peltier Lake Drive
Council Member Broussard Vickers stated there are indications someone is living there.
2. Capital Proiects
City Attorney Hoeft had no update.
3. Building Permit Fee Review
Ms. Moore-Sykes reviewed the building permit fee information with Council and
indicated that the City charges up front for some things that other cities charge at a later
date. She stated staff is working on getting fees from other cities. It appears building
fees need to be updated, but recommendation is that Council keep fees as they are until
the new code is in effect. She indicated Council has a draft of the proposed language in
their packets.
4. Pending Issues
Council Member Nelson reminded Council about passing bylaws on December 19, 2002.
She commended Ms. Moore-Sykes on the overtime report.
Council Member Capra indicated staff had been having difficulty with hooking up the
scanner. She stated her husband had resolved this problem over the weekend. She added
that Robert Thine has offered to record his genealogy information. so one computer will
Page 20 of21
l-~
be donated for his use, to remain at City Hall. It is believed that the computer needs a
new hard drive, which would cost approximately $100 to update.
Mayor Swedberg encouraged Council to donate any old equipment where it could be
further used.
Council Member Capra indicated Anoka County was very interested in the information
Mr. Thine may have.
Council Member Broussard Vickers asked if there was any update on the Tom Thumb
tobacco license. Ms. Moore-Sykes indicated there was no update.
Ms. Moore-Sykes asked that the workshop scheduled for December 16, 2002 be moved
to December 19, 2002 due to a personal conflict. After discussion it was agreed that this
would be moved accordingly.
IX. ADJOURNMENT
Motion by Conncil Member Nelson seconded by Council Member Broussard
Vickers to adiourn the December 9. 2002 City Council Meetinl! at 11:14 P.rn. All in
favor. Motion carried unanimously.
Transcribed by:
Karen Whaley, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 21 of21
"
.
MEMORANDUM
DATE:
December 19, 2002
TO:
Honorable Mayor and City Council
FROM:
Kim Moore-Sykes, City Administrator
RE:
COIIUIletlts in Response to City Administrator Performance Review
First of alt I want to thank everyone for your comments. Obviously you invested a lot of time
and consideration in providing this feedback to me and I sincerely appreciate the comments and
your suggestions. While I may not agree with some of the comments, it provides me an
opportunity to reflect on my skills and abilities and how they are perceived. By some of the
comments I received, it occurs to me that I have not presented some of my capabilities
adequately or as some of you have pointed out, not at all. For that I do apologize; I thought I
had worked hard ih every respect of the job as I understood it. "', .
, .~0~i;~~~ ~
. , .
As Mari Nel~6ri'cdhe~tly stated in her comments, I am a councilmember in anotherc6~unity,
As such, I have three years of experience sitting on the same side of the table as you and it is
that very experience that I am able to bring to my position as City Administrator. This is not an:
experience that many other City Managers or Administrators can claim as part of their tool box.
And because I am a councilmember, I have a bit more insight into the power, authority and
responsibility of a councilmember, the limitations and the potential for abuse of the same,
I also understand the unique and critical role of a staff member from both my academic
endeavors and council experiences what is and should be expected from an employee. But asa
councilmember, I have never had the inclination or the need to intensely scrutinize each and
every task the staff performs, As a city administrator with a lot of issues to deal with on a daily
basis, I simply do not have the time to scrutinize each and every employee's work product. If
hirings are done well upfront, then I have no reason not to trust employees to know what
his/her job is and how to do it. I have to trust that they will also do their job right. When
mistakes occur, they ate discussed and the employee and I agree what the employee needs to do
to prevent it from happening again. I feel that that should be the end of the matter and I do not
find it necessary to report each and every infraction to the City Council. Nor do I find it
necessary to constantly resurrect the infraction. You hired me, I think, to take care of these day
to day issues, not to mire you as a council or you individually in this "tangential minutiae".
Also as a city administrator or a councilmember, I would never make a statement that staff is
easily replaced or let them go on strike if they don't like the working conditions. I value their
role in the organization and have worked hard with them, to maximize their potential within
the organization. I have used my skills to create an environment and culture that influences the
'\
.
staff to achieve group goals, while building cooperation and consensus. And then I allow staff
the opportunity to perform their job to the best of their abilities. When mistakes happen, I
engage in constructive criticism, encouraging them to do better and be better; I will not
participate in activities that demoralize an employee or destroy his/her self confidence. If I did
manage staff in this way, it is my opinion that I would have employees who continually make
those dumb mistakes that demonstrate a lack of confidence in their capabilities.
Mayor Swedberg suggests in his statement of my performance that creating an environment
and culture that influences others to achieve group goals; recognizing human potential,
building cooperation and consensus, making decisions and recommendations and managing
conflict and change are the leadership skills that he expects me to perform. I absolutely agree
with him that these are traits, skills, and abilities that a successful manager employs in the
performance of his or her job. Which one of these am I not already doing, Mr. Mayor? At the
end of this document, you will see that I have had to employ many of these skills to be able to
claim many of these major accomplishments this past year.
The Mayor has stated that I have been somewhat of a disappointment because in reality, I have
not exhibited the skills and abilities that were reflectedcm my resume. First of all, Mr. Mayor, I
resent that remark because you infer. that I lied a:hQutnp;,.qualifications. I have amassed this
reSUme through my skills and abilities and I am veryprottd of the efforts it represents. Make no
mistake, I have worked hard to be able to list each and every one of those accomplishments and
it is unfortunate that you feel compelled to make such a caustic statement. I have also worked.
very hard for the City of Centerville, and I find it very disappointing that a few of you have not
recognized this fact.
The Mayor's comments also suggest that I have failed to do a number of tasks that he considers
inherently management. He states that my "core-guiding" document is the Goals and
Objections as adopted by Council and in that thought, he and I have some agreement. He also
suggests that I should strive to achieve those goals without getting "involved in the tangential
minutiae." Interesting comment since later in his comments about my dismal performance, he
suggests that it is "painfully obvious" that I lack the ability to be a detailed orientated person.
Mayor Swedberg continues on to state that I also lack the ability to make recommendations on
various issues to the Council. It has been my perception and experience, that when I (or Staff)
have made recommendations, they were simply ignored or passed over as inconsequential. The
Mayor has, on occasion, simply overruled even members of the Council and on his own
initiative, made unilateral decisions for the City.
As to my management skills, the Mayor has several comments about his expectations and what
he feels is reality. His statement that I do not supervise my staff is interesting, especially inlight
of the fact that he publicly stated that he is a hands-off mayor and prides himself as such. In
this statement, I agree with him. He has not been directly intrusive or overly apparent at City
Hall.
.
So I also find it interesting that he can state unequivocally that his "impression" is that I do not
supervise my staff. As an example of that, he cites a "botched" letter informing residents of
Pheasant Marsh that as interested property owners, they are responsible for a $30,000
assessment to their property should their builder default on the payment. When this issue was
discussed at a recent Council meeting, the City Attorney informed the Council that by law, the
City Clerk is required to advise these interested property owners of a possible financial liability.
I don't see how that was a botched letter.
The Mayor goes on to say, that what's even worse, is that the City Clerk is not" courteous or .
helpful to the valid questions and concerns of residents." Again, my question is, how does he
know, if staff is rude when he is a hands-off mayor? I believe he is basing this assessment on
one individual (out of 23 letters that were sent to Pheasant Marsh residents) that stood before
Council to complain about having to be responsible for this $30,000 special assessment. This
individual informed Council that staff had been rude and unwilling to assist her with her
questions and concerns. The reality of the situation was that the City Clerk went out of her way
to assist this resident. She spend most of that afternoon making several telephone calls to get
more information for the resident and obtaining phone numbers that were requested by the
resident. The City Clerk also took subsequent calls from that resident, further assisting her with
additional questions or concerns. I and two otherstaff.n{~bers witnessed the Clerk's efforts to
I' assist this resident.
The following review looks at a few items that always reappear as examples of my inability to
do my job.
OSA's TIF Report - When I started employment with the City, the Staff had just completed an
audit at the insistence of the Office of the State Auditor (OSA). In working with the City
Attorney, the financial consultants, staff, the auditor and my contacts with Anoka County, we
were able to compile a set of responses and submit them to the OSA by their deadline. The
OSA, upon review of the City's responses, withdrew several of their citations and submitted a
rebuttal to our responses for the remaining citations to Anoka County. The Assistant County
Attorney and his staff met with the aforementioned City representatives, me included. While
this issue remains undetermined, it is not because I failed to do my job in this situation or that I
performed this task unsatisfactorily. Nor am I suggesting that the County has failed to do their
job in resolving the issue; they are involved with other issues, including orienting newly elected
county commissioners and our situation is simply not at the top of their to-do list.
Computers - My interpretation of the Council's motion was to develop specifications and work
with those interested councilmembers to put together a computer purchase plan. As I have
been continuously reminded by both Mayor Swedberg and Councilmember Nelson, this
interpretation is not in agreement with the Mayor's interpretation of the same motion or what
he apparently wanted. The Mayor suggested that I did not express my objections with the
situation in a timely manner. Obviously a timely objection is difficult when I am not informed
.
of council activities until it is too late. This was the situation when I was not informed of a
meeting the Mayor was having with staff at his place of employment to develop computer
specifications. Excluding me from any involvement in the selection and implementation
process was. not part of the Council motion that was unanimously approved. The Mayor stated
that the reason he did not invite to this meeting was because he didn't think I had the technical
capabilities or the interest in developing these specifications. How does he know this? I was
never asked and I hope that his assumption was based only on his perception that I did not
have the technical background that would allow me to contribute to the discussion.
Nevertheless, at the very least, as the City Administrator, I should have been involved in that
meeting even if the only contribution worth regarding was that I was in the best position to
know what was actually needed at City Hall. By keeping me from this meeting, he prevented
me from being able to do my job; I was put in the position of not knowing the direction that the
Mayor wanted to go with this project and was unable to advise him at the very least of the
budgetary limitations or even basically, what the City staff's computer needs are. I cannot
provide recommendations or options if Council is not willing to trust me or to have an honest
open discussion of their desires or visions for each and every project. As such, it is not fair that I
should be accused of not being able to provide recommendations or options to Council when I
am kept out of the klOp.What is disappointing to me in this whole situation is that hedidJlot';f
trust CityStaff;e.n.oug~~9]$P~Fit!#eir input. ii#i:;T',r orA
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Additionally, it is not within the Mayor's authority to unilaterally and without Council
approval, purchase equipment for the City from Councilmember Nelson's son or to financially
encumber the City in any manner. Again, I was informed of this transaction after it was
initiated, without any opportunity to warn or advise the Mayor of the difficulties of proceeding
along this course. This should not be viewed as an unsatisfactory performance of my duties,
but as merely an attempt to do my job to the best of my ability for the Community and the City.
It was not my intention to embarrass the Council or specific Councilmembers but to prevent
them from embarrassing themselves.
Conflict of Interest Concerns -- This issue became a difference of opinion between
Councilmember Nelson and me. This difference of opinion should not to be classified as or
even considered an unsatisfactory performance but once again it was an attempt to protect Ms.
Nelson's future political interests and to keep the City off the front page of the local newspaper.
I was not trying to embarrass Ms. Nelson but I felt that she did not understand the implications
of having her son involved with the repairing or purchasing of the City's computers. She did
seek legal advice from the City Attorney regarding this involvement and he correctly stated that
as long as she did not derive direct benefit from her son's business there is no conflict of
interest. Ms. Nelson also did not participate in any public discussion at the council level
regarding the computers or the purchase or repair of the same.
But there were several items about this situation that made me feel uncomfortable. First of all,
Ms. Nelson stated at a Council meeting when the issue of the computers were first brought up,
that I should contact the only person that she allows to work on her own computers. She then
,
passed a business card down to me and did not indicate at that meeting who this person was.
When I got the card, it was obvious that it was a relative and I surmised it was her son. When I
questioned the City Attorney at that point about the appropriateness, he indicated to me also
that as long as Ms. Nelson doesn't derive direct benefit from this business relationship, he felt it
was okay. I continued to be concerned because she did not mention that the individual on the
card was a relative.
The next day, I received a phone call from Jason Nelson, stating that he had heard from his
mother that I had been trying to get in contact with him. The reality was that I had not called
him or Ms. Nelson at all. I began to feel that I was being coerced into forming a business
relationship with Councilmember Nelson's son. I had also noticed that Jason's company name,
RK7 Computers, was showing up on e-mails I was receiving from Councilmember Nelson.
At some point, I did discuss the situation with Councilmember Nelson, indicating that if she
were considering running for re-election, that having her son being responsible for the repair
and purchase of the City's computers would not look good to the residents.
Despite being uncomfortable with this situati(j~, I did agree to allow Mr. Nelson to take my
computer off sit~ for repairs. Mr. Nelson felrv6ty confident that he could remove the virus that ... ;1
had been troubling my computer and restore 'it tela workable condition. Unfortunately, when
my computer was returned, it did not work at all and I was then faced with a very difficult
dilemma. Other Staff computers were beginning to be impacted by the same virus that had
infected my machine so I brought it up to the Council that purchasing new equipment should
be considered, especially given the age of these computers. Mr. Nelson did agree that perhaps
replacing computers would be the best solution. Staff received an outside, independent
estimate that to replace the computers and establish a server situation that would meet the
City's increasing storage demands, the cost would be approximately $25,000.
Based on this information, which was provided to all interested vendors and they were invited
to submit quotes. Three responsible quotes were received. I later received a letter from Mr.
Nelson stating he was removing his quote from further consideration because of philosophical
differences with the City.
Again, this difference of opinion and my determination to have a purchasing process that
protected the integrity of the City should not to be classified as or even considered an
unsatisfactory performance on my part. Ms. Nelson and I had a difference of opinion and it
should have been left at that.
The following is a list of my major accomplishments for this year. Without doubt, the reason
these are listed as accomplishments is also through the efforts of staff to assist me in getting
much of this work done.
,
Major Accomplishments in the Last Year.
1. Established a working environment that encourages staff to work together in a
respectful and professional manner and fosters a spirit of cooperation and consenSus.
2. Hiring a Finance Director.
3. Week in Review is compiled and published on a weekly basis in the Quad Press.
4. Sorted out the Charitable Gambling situation; revised Ordinance.
5. Updated Personnel Policy.
6. Worked with Council to bring new computers and updated software to City Hall
thereby allowing staff to be more effective in the performance of their jobs.
7. Updated By-Laws for Commission and Committees
8. Revisions to various Ordinances.
9. Worked with new service provider to update City's Web site.
10. Resolved Insurance issues and assisted Finance Director with putting Cafeteria Plan
together.
11. Worked with City Attorney, County Attorney, County Officials and finance
consultants to address TIF issues as raised by the Office of the State Auditor.
12. Worked with Staff and engineering consultants on NPDES Phase II implementation.
13. PoliceCoIl1ffiission Task Force participant. " ..", ','.
14;.Wot~ed~'JthCity Administrators from Lino Lakes, CirclePinesandIi~~il1gtQ.n.
reg#44lg.!Q1'\' enforcement issues. Recommendation pending. 'i'I."",:"
15. Worked with liquor establishment owners, police department and staff to ~set up"
quarterly meetings and Best Management Practices program.
16. Worked on the LMC's Improving Local Economies legislative committee.
Presentation of issues to Legislature in January.
17. Clean-up of Moreland property initiated; coordinated efforts of Anoka Human
Services, Centennial Police and Fire Departments, City Attorney and staff to assist the
resident and her family. Continued contact with family.
18. Working with City Administrators from Lino Lakes and Hugo to continue efforts of
Tri-City group.
19. Working with Lino Lakes to reconstruct 21st Avenue.
20. Attended several meetings with Chamber and Sen. Kennedy re CSAH 14.
21. Worked with Finance Director, Public Works Director and City Clerk regarding City's
deficit accounts. Met with several developers regarding their accounts.
Minutes Correction 12-19-01 Page 14 of 15 third paragraph up from the bottom.
Council Member Travis stated: I did also do up an evaluation form. I didn't even know
we where suppose to turn it in but, I do see something here that I admire, you that you
kind of put up. I think you have done very good, you have a lot of stuff on your plate. I
really respect that. But these three here are probable, I would say the biggest asset that
the city has right know and I bet you they are probable the hardest three people in the city
to please to. And I think you have done well. Anything that these people have given
you and you have moved forward with I think is just going to be a huge asset for the city.
I don't know that it is necessarily critism as much as this is the way these guys do it.
These guys's maybe perfectionist but I am about as far away from perfectionist as you
can get, ask my wife. I look at Linda as more being a realist and stuff and I hope that that
keeps moving you forward. I think you are doing a great job. I really look forward to
dealing with you as a city staff person. the next two weeks I am living het-e. I am not
. .
/etifl'i1lg. ~IA~".... ~ _J.J' . ~.
. I ~ t.o-M Il'lU
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;/
January 22, 2003 council approved the corrections from the January 8, 2003
meeting. In the corrections the following was approved for the 12-19-02 corrections.
Would you please see this update is made to the minutes on the website and any
other place they may need to be updated. I did provide a copy of the below to Joan
of Time-Savers.
Thank you for your belp in tbis matter.
Mary Capra
Minutes Correction 12-19-02 Page 14 of 15 third paragrapb up from tbe bottom.
Council Member Travis indicated he did an evaluation form but did not know he was to
turn it in. He then said that these three people (Nelson, Swedberg and Capra) are the
biggest asset that the city has right now and probable the hardest three people in the city
to please. He said he didn't know that it is necessarily criticism as much as this is the
way these council members do it. He said these three maybe perfectionists, but he is not.
He said he sees council member Broussard-Vickers as being a realist and hope that keeps
Ms. Moore-Sykes moving forward. He said he believes Ms. Moore-Sykes is doing a very
good job. He further commented that he looks forward to working with Ms. Moore-
Sykes in the future.
~
CITY OF CENTERVILLE
CITY COUNCIL MEETING
DECEMBER 19, 2002
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on December 19,2002, at City Hall, 1880 Main Street.
PRESENT:
Mayor Tim Swedberg @
Council Member Travis
Council Memb", Nd,on 'fDJ 0
Council Member Capra ~
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 Swedberg called the December 19, 2002, City Council meeting to order at 6:30
p.m.
II. SET AGENDA
Mayor Swedberg thanked Ms. Rachel Evans of Centerville Floral for the donation of the
City's Holiday ornament to Anoka County.
Mayor Swedberg wished everyone a happy holiday season.
Council Member Capra asked to be added under appearances
Council Member Nelson asked for an update on the goals of Council.
Ms. Moore-Sykes indicated she could report on the major accomplishments of Staff.
Council Member Nelson clarified that Resolution #02-065 is a resolution to define the
organizational structure and supervision responsibilities of Staff and the executive session
is a continuation of the closed executive session for the administrator's review from
November 21,2002.
City of Centerville
Council Meeting Minutes
December 19, 2002
Ms. Moore-Sykes indicated that Council Member Capra had asked that Resolution #02-
068 be added concerning an amendment to the Joint and Cooperative Agreement with the
Cable Commission to permit the issuance of bonds.
Ms. Moore-Sykes requested that Tom Thumb be added under appearances. She also
requested that the office schedule for December 24, 2002 be added under Council
Business.
Mayor Swedberg requested that Resolution #02-069 be added under Council Business
and explained that it was an item whereby the Police Commission is seeking authority to
incur costs beyond their budget.
Motion by Council Member Nelson seconded by Council Member Capra to approve
the a2enda as amended. All in favor. Motion carried unanimously.
III. AWARDS/PRESENT A nONS/APPEARANCES
1. Council Member Capra
Council Member Capra provided awards for outgoing Council Members Travis and
Nelson as well as an award for Mayor Swedberg. She then commented that it takes a lot
of stamina to serve as an elected official and commended the outgoing members for their
servIce.
Council Member Capra read an excerpt concerning elected officials and indicated the
author was unknown.
Mayor Swedberg thanked the City for the recognition. He also thanked City Staff for the
assistance during his tenure and wished oncoming Council best wishes.
2. Tom Thumb
Mr. Tom Jensen, a representative from Tom Thumb (70 Chapel Drive, River Falls,
Wisconsin) appeared before Council.
City Attorney Hoeft indicated he had been working with legal counsel for Tom Thumb
and recommended that Council approve a conditional license to sell tobacco from the
first of the year until Council makes a determination on the appeal.
Council Member Capra asked what the expiration date of the conditional permit should
be. City Attorney Hoeft indicated that 45 to 60 days would be adequate to hold the initial
hearing and conduct any necessary research on the matter.
Motion by Council Member Broussard Vickers. seconded by Council Member
Capra to approve the issuance of a conditional permit to sell tobacco for 60 days
from the first of the year to Tom Thumb based on the recommendation and advice
of le2al counsel. All in favor. Motion carried unanimously.
Page 2 of 15
City of Centerville
Council Meeting Minutes
December 19, 2002
IV. PUBLIC HEARlNG(S)
1. Mr. and Mrs. Buckbee. 7381 Peltier Circle - Preliminary Plat - Continued
Ms. Moore-Sykes indicated that both the developer and the realtor were present to answer
any questions. She then indicated the developer had provided a revised site plan
incorporating single-family homes as an option to the twin home site plan.
Mr. Dave Gonyea, 50 Groveland Terrace, indicated he would be agreeable to changing
the plan to 19 single-family homes. He then indicated that the plan does not show the
nature park off the end of the channel but it has been called Outlot D. He further
indicated that they would want to provide a restriction to prevent a boat access.
Council Member Capra commented that the residents had wanted to be able to fish to the
west of the channel and thought it would be nice to remain an undeveloped area.
Mr. Gonyea indicated he would give the City both the spots and not make it part of the
park dedication unless the City chose to sell it. In the event the City chose to sell the
property, they would expect a credit on the park dedication fees. He then commented
that he does not want a boat launch in that area and would also require signage in the area
to protect private property.
Council Member Nelson commented that she had walked over there and it is very nice,
more natural than other parks.
Mayor Swedberg applauded the developer for making the compromise in the plan and
said it addresses the concerns of the surrounding community. He also commented that it
appears that the pads were raised higher to ensure there are no wet basements. He further
commented that the developer had made a gigantic step forward in turning this into a
single-family development and, the way it is presented, he would have no reservations
with it.
Mr. Gonyea indicated he had received a letter from Rice Creek indicating they had
received authorization for administrative approval pending the recommendation of the
engmeer.
City Attorney Hoeft indicated that any approval would be subject to final approval by
Rice Creek Watershed District as well as the City Engineer's review, and approval of a
final developer's agreement.
Mayor Swedberg opened the public hearing at 6:50 p.m.
Mayor Swedberg invited interested residents to speak. He then said the developer has
gone a long way to address the concerns ofthe area residents.
Mr. Wayne LeBlanc, 1677 Peltier Lake Drive, commented that he was happy to see the
accommodation with single-family homes but would like to discuss parkland.
Page 3 of 15
City of Centervi11e
Council Meeting Minutes
December 19, 2002
Mr. LeBlanc indicated that survey was conducted and 90% of the response was that
twinhomes did not fit into the neighborhood.
Mr. LeBlanc indicated that he would like open space and a place for kids to playas there
are no parks in the northwest portion ofthe City because the City always took money and
now there is an opportunity to get some land.
Mr. LeBlanc indicated a park was not needed for Hunter's Crossing or Pheasant Marsh as
there was already a park in the area. The Shores did not need a park as it is across the
street from the Anoka County Park. He then said that, with the potential of a four-lane
highway dividing the City it would be nice to have more park facilities on the north side
of town.
Mr. LeBlanc indicated that Circle Pines has 130 acres of park land and Centerville has 30
acres.
Mr. leBlanc provided information from the Finance Director as to how much money is
in the park capital fund provided by other developments. He then said he believes the
City can afford to take land instead of money and he thinks it would be crazy for the City
not to take land and the data shows that.
Council Member Nelson asked whether someone who voted for the fees could make a
motion to reconsider the park dedication. She then asked if anyone who voted in the
affirmative was willing to reconsider the motion.
Council Member Capra indicated she took the time to walk the property with Mr.
Peterson, Mr. Palzer, and Mrs. Buckbee and they looked at Outlot A. She then
commented that a resident had called about being able to fish off the channel and the
developer has agreed to that as well.
Mr. Gonyea indicated the size of the Outlot would need to be determined by a survey to
see how much dry ground is being given to the City as he is not sure.
Council Member Capra indicated the developer had also drawn in a little parcel by the
road for park benches to watch birds in addition to the channel property and that is why
she is not interested in changing her mind. She further commented that the City is getting
land and park dedication fees.
Council Member Capra commented that the fees were reduced to $38,000. Ms. Moore-
Sykes indicated there are 19 homes at $2,000 each for a total of$38,000.
Council Member Broussard Vickers noted the fees are scheduled to go up to $3,000 per
lot for 2003.
Council Member Capra indicated she would be asking for justification for that as other
cities fees are significantly lower.
Page 4 of 15
City of Conterville
Council Meeting Minutes
December 19,2002
City Attorney Hoeft recommended reconsidering the motion to indicate that Council now
wishes to accept land and money.
Motion bv Council Member Capra. seconded bv Council Member Travis to
reconsider the motion to accept park dedication fees in lieu of property. Aves - 4.
Navs -1 (Broussard Vickers). Motion carried.
Motion bv Council Member Travis. seconded bv Council Member Capra to accept
property referred to as Outlots A and D. Outlot D also referred to as the property
SW of the channel to the lake as well as park dedication fees. All in favor. Motion
carried unanimously.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Capra to close the public hearine:. All in favor. Motion carried unanimously.
Mayor Swedberg closed the public hearing at 7: 17 p.m.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Nelson to approve the preliminary plat subiect to rmal completion of the developer's
ae:reement. City Attornev and City Ene:ineer review. and contine:ent upon the plat
beine: for sine:le-familv homes. All in favor. Motion carried unanimously.
2. Adoption ofthe 2003 Budget and Levy
Mayor Swedberg opened the public hearing at 7:21 p.m.
Ms. Paulseth indicated a public hearing is required but no notice is required.
Mayor Swedberg requested that line items be added under capital projects to include the
21 st Avenue project, Mound Trail, and the Police item.
Motion bv Council Member Broussard Vickers. seconded bv Council Member
Travis to close the public hearine:. All in favor. Motion carried unanimously.
Mayor Swedberg closed the public hearing at 7:23 p.m.
Motion bv Mavor Swedbere:. seconded bv Council Member Capra to approve
Resolution #02-066 as presented. Aves - 4. Navs - 1 (Broussard Vickers). Motion
carried.
Motion bv Mavor Swedbere. seconded bv Council Member Nelson to approve the
2003 budeet with the capital improvement proiect line items as added earlier. All in
favor. Motion carried unanimously.
Ms. Paul seth commented that high taxes for Centerville was old news and, as for the
figures for 2003, the levy was kept the same and the tax capacity increased by 25% so the
City was fourth or fifth and should be lower than that as the City is going from 69.4 to
59.3.
Page 5 of 15
City of Centerville
Council Meeting Minutes
December 19, 2002
Mayor Swedberg indicated he appreciated the comments of Staff to the reporter and
commented that the agenda of the report was about the state and the taxpayer's league
and had nothing to do with the reality of things.
3. Ordinance #72 - By-Laws (Committee/Commission)
Ms. Moore-Sykes indicated it is necessary to hold a public hearing when making a
change to an Ordinance.
Mayor Swedberg opened the public hearing at 7:30 p.m.
Mayor Swedberg indicated that the changes to the Ordinance puts everything into one
spot and clarifies some things to make by-laws uniform.
Motion by Council Member Broussard Vickers. seconded by Council Member
Capra to close the public hearinl!. All in favor. Motion carried unanimously.
Motion bv Council Member Capra. seconded by Council Member Broussard
Vickers to approve Ordinance #72 as presented. All in favor. Motion carried
unanimously.
V. COUNCIL BUSINESS
1. Resolution #02-065 - Council Member Nelson
Mayor Swedberg read Resolution #02-065. He then commented that approval of the
resolution would add a layer to the organization chart to allow for a department head in
City Administration as well as Public Works.
Council Member Capra questioned the pay equity grade. Ms. Moore-Sykes indicated she
did not have any information on pay equity as she was not given the resolution prior to
the meeting.
Council Member Nelson indicated Public Works Director/Building Official is Grade 9
and the Finance Director is Grade 8, and the City Administrator is Grade 10.
Mayor Swedberg indicated the intent was that the director positions would be equal. Ms.
Paulseth indicated that Grade 8 was open and she assumed that was where the Finance
Director position went.
Mayor Swedberg commented that salary does not change, it is just a number.
Council Member Broussard Vickers indicated she had an issue with the fact that the
information was not provided to Council prior to the meeting. She then indicated that
Council has made a point of stating that it would not act on items placed on the desk the
night of the meeting. She further commented that this is something the Mayor has been
Page 6 of 15
City of Centerville
Council Meeting Minutes
December 19, 2002
interested in doing since the position was hired but there has never been a complete
discussion of this with full Council and the City Administrator has not been consulted.
Council Member Broussard Vickers further commented that she is not interested in
changing things at this moment in time because it is the last day of the year and certain
Council Members have an agenda they are trying to move forward with. She further
commented that she does not appreciate this being kept a secret until the Council
meeting. She then said that this was never agreed upon or completely discussed by
Council.
Mayor Swedberg indicated there was an attempt to have a meeting but that was
cancelled.
Council Member Nelson commented that there was some discussion about restructuring
when Council came out of executive session and she is anxious to hear what Council's
pleasure is on this and would like to have a vote.
Mayor Swedberg commented he thinks this is common sense as it should ease the City
Administrator's workload.
Council Member Capra indicated that she believes when Ms. Paulseth was hired the
matter was discussed but Council felt she had not been with the City long enough and
decided to wait. She stated that this item had been discussed previously with the City
Administrator; however, nothing was formalized.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve Resolution #02-065. a Resolution definin2 the or2anizational structure and
supervision responsibilities of the City Administration Department and Public
Works Department. Aves - 4. Navs -1 (Broussard Vickers). Motion carried.
2. Economic Development Committee (EDC) Recommendation for Appointment of
Mr. Paul Burke
Ms. Moore-Sykes indicated she had received a letter from Mr. Burke requesting
appointment to EDC.
Council Member Broussard Vickers asked if he could be added to the list of
appointments for the first of the year.
Mayor Swedberg suggested appointing him and re-affirming his appointment along with
the annual resolution for appointments for 2003.
Motion bv Council Member Capra. seconded bv Council Member Nelson to
approve the appointment of Mr. Burke to EDC. All in favor. Motion carried
unanimouslv.
3. Lifetime Achievement Award Recommendation
Page 7 of 15
City ofCenlerville
Council Meeting Minutes
December 19, 2002
Council Member Capra indicated the Lifetime Achievement Committee had voted to
award Mr. Robert LaMotte a lifetime achievement award for 2001 and Mr. Wayne
LeBlanc a lifetime achievement, special recognition award.
Motion bv Council Member Nelson. seconded bv Council Member Capra to confirm
the Lifetime Achievement Award Committee's recommendations. All in favor.
Motion carried unanimously.
Council Member Capra indicated the awards would be presented at the end of January.
4. EDC Request for Per Diem Payment
Council Member Broussard Vickers commented that Council had already agreed the
Committee would be paid per diem but no one gets per diem ifthere is no quorum.
Ms. Moore-Sykes indicated that the Committee desires to donate its per diem back to
programs. Council Member Nelson indicated members would need to take the per diem
and then give it as a donation.
Mayor Swedberg indicated it would create an awkward situation and said members need
to take the per diem.
Ms. Moore-Sykes indicated the most important question was whether they would be paid
ifthere were no quorum.
Council Member Nelson indicated that Staff should instruct them that they should not be
conducting a workshop when there is no quorum as they are breaking the open meeting
laws. City Attorney Hoeft indicated there is no violation of the open meeting laws if
there is no quorum.
5. Resolution #02-068 - Cable
Council Member Capra indicated the resolution would allow the Cable Commission to
bond to construct a building.
City Attorney Hoeft indicated he had reviewed the document and relies on the expertise
of Mr. Creighton who drafted it for the appropriateness of the language. He then
cautioned Council that approval of the resolution places the City on the hook for $89,000
which will have to be repaid regardless of whether the City opts out ofthe Commission.
Council Member Broussard Vickers clarified that the City cannot be held responsible for
other defaults. City Attorney Hoeft verified that the City would only be responsible for
Centerville's portion of the bonding.
Council Member Broussard Vickers asked what other option the City would have. City
Attorney Hoeft indicated the City has no option if it desires to continue cable service.
Page 8 of 15
City of Centervil1e
Council Meeting Minutes
December 19, 2002
Motion bv Council Member Nelson. seconded by Council Member CaDra to
aDDrove Resolution #02-068 as Dresented. All in favor. Motion carried
unanimously.
6. Schedule for December 24. 2002
Motion by Mayor Swedber2 to 2ive Staff December 24. 2002 off as a Daid holiday.
Ms. Moore-Sykes indicated she was asking Council for approval of a half day off as was
done last year.
The motion died for lack of a second.
Council Member Nelson commented that there is a set holiday schedule and Council
should follow it.
Motion by Council Member Broussard Vickers. seconded by Council Member
Travis to 2ive Staff a half-day off for December 24. 2002. Aves - 4. Nays - 1
(Nelson). Motion carried.
7. Resolution #02-069
Mayor Swedberg indicated that the Police Commission needs to solve the health and
safety issues at the Police Department and that was unforeseen when the budget was put
together. He then read Resolution #02-069.
Mayor Swedberg indicated that Centerville's share would be approximately $10,000 to
$15,000.
Council Member Nelson indicated the Fire Department sets a budget and stays within
that budget and does not come asking for more money but this is not the first time for the
Police Department.
Mayor Swedberg indicated this is completely unforeseen and the joint powers agreement
allows the authority to come to the individual City's for authority to spend outside of the
approved budget.
Council Member Nelson asked if this is something needed right now.
Mayor Swedberg indicated the health and safety issues need to be dealt with as they will
not be in compliance with OSHA.
Motion by Council Member CaDra. seconded bv Mayor Swedber2 to aDDrove
Resolution #02-069 as Dresented.
Council Member Capra commented that the new Council would need to find the money
somewhere in the budget.
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Council Meeling Minutes
December 19, 2002
Council Member Nelson asked whether the City could approve a lower maximum
amount.
Mayor Swedberg indicated he would not vote to approve a lower maximum because it is
a not to exceed amount.
VOTE: All in favor. Motion carried unanimously.
VI. CONSENT AGENDA
1. The City of Centerville December 10, 2002 through December 16, 2002 Claims
for Approval
2. Centennial Fire District Claims
3. Earth Burners, Inc. - Final Pay Estimate #4, CSAH 14 Project ($1,647.10)
Motion bv Council Member Nelson. seconded bv Council Member Travis to
approve the Consent Al!enda as presented. All in favor. Motion carried
unanimouslv.
VII. APPROVAL OF COUNCIL MINUTES
1. November 27.2002 Council Meeting Minutes
Motion bv Council Member Nelson seconded bv Council Member Capra to
approve the November 27. 2002 Council Minutes as presented. All in favor. Motion
carried unanimouslv.
Council Member Broussard Vickers abstained from voting as she was not present at the
meeting.
2. December 9.2002 Council Meeting Minutes
Council Member Capra requested the following changes: On Page 3 change LMC to
Bonestroo in the fifth paragraph. On Page 3, item 6 indicate Council pulled back from
the project not because engineering fees too high it was because of past engineering fees
that were not paid. On Page 4, third paragraph from bottom indicate that Planning and
Zoning recommended not vacating at this time.
Mayor Swedberg thanked Ms. Lenzmeier for her work on the minutes and commented
that he appreciates her accuracy.
Motion bv Council Member Nelson. seconded bv Council Member Capra to
approve the December 9. 2002 meetinl! minutes as amended. All in favor. Motion
carried unanimouslv.
VIII. ANNOUNCEMENTS/UPDATES
1. Historic Update
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Council Meeting Minutes
December 19, 2002
Council Member Capra indicated that there was a meeting to discuss the potential of
declaring a portion of downtown a historic district. She then asked for authorization to
have a survey sent out to allow those property owners not able to comment in public an
opportunity to express their opinion. She then indicated that she would compile the
results and report back to Council.
Motion bv Council Member Capra, seconded bv Council Member Nelson to work
with Staff to prepare and send out letters to propertv owners in the proposed
district for recommendation and report back to Council. All in favor. Motion
carried unanimouslv.
2. 1540 Peltier Lake Drive
Ms. Moore-Sykes indicated she continues to see roll offs filled and taken away.
3. Capital Proiects Update
City Attorney Hoeft indicated he has given two extensions and is moving the rest of the
actions forward.
4. Building Permit Fee Update
Ms. Moore-Sykes indicated that Staff continues to work on the building permit fee
review and noted Mr. Palzer was out ill and she was not able to obtain an update from
him for this meeting.
Council Member Capra indicated the new Council would need to look at fees the first
part of the year.
Ms. Moore-Sykes indicated that the City would need to justify those fees to the state in
March of2003.
5. Pending Issues
Council Member Nelson indicated she had e-mailed Ms. Moore-Sykes today and asked
for an update on Council goals for this meeting. Ms. Moore-Sykes indicated she had
received the information but had only time for a quick list of major accomplishments.
She then handed out a list of 21 major accomplishments of Staff.
Council Member Nelson indicated she was wondering how the list correlated with goals.
Council Member Capra announced that Anoka County has purchased the blue house on
Main Street and it is scheduled to be demolished but it has nothing to do with the road
being widened at this time. She further commented that, when the road project goes
through, there is a need for a drainage pond in that area.
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Council Meeting Minutes
December 19, 2002
Ms. Moore-Sykes indicated Council had asked that Staff put together a Findings of Fact
Worksheet for the Planning and Zoning Commission. She then indicated she had copied
and provided on the desk a sheet that the Planning Commission will attempt to complete
for all projects and provide the same information in resolution form to Council for their
consideration.
Ms. Moore-Sykes indicated she had copied an article from Nation's Cities Weekly
concerning bed and breakfasts as an FYI on possible economic development tools for the
City.
IX. EXECUTIVE SESSION
Ms. Moore-Sykes indicated she would like to have the executive session open as she sees
no reason to close it since most of the comments have been made public by Council.
Mayor Swedberg asked if Ms. Moore-Sykes was allowed to request that the session be
open. City Attorney Hoeft indicated Ms. Moore-Sykes could ask that the session be
opened at any time.
Mayor Swedberg asked Ms. Moore-Sykes if she really desired to have the executive
session open. Ms. Moore-Sykes indicated that she did wish to have the session open.
Council Member Capra asked where the review sheets were.
Ms. Moore-Sykes indicated she had brought them home in order to work on her response
as there was not time at the office.
Motion by Council Member Broussard Vickers to e:ive Ms. Moore-Sykes a
satisfactory review and authorize the next step increase based on satisfactory
performance over the last year.
Council Member Nelson asked whether she could table that motion. City Attorney Hoeft
indicated that tabling would table the entire discussion, not the motion made.
The motion died for lack of a second.
Council Member Capra indicated that Ms. Moore-Sykes was to bring back a response and
she would like to hear it.
Ms. Moore-Sykes indicated she had prepared a six-page response. She then read most of
the six-page response to Council. See attached.
Mayor Swedberg asked if he ever said anything about OSA. Ms. Moore-Sykes said,
"yes."
Mayor Swedberg said, "let me assure you, the question before Council is not whether you
are employed or not employed as far as I am concerned." What he provided to Ms.
Moore-Sykes, twice, in the same format and where he expressed to her was the areas that
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Council Meeting Minutes
December 19. 2002
as a City Administrator he feels she needs to focus on. And, as rightfully said, you have
focused on leadership, management, communication and results. "The question that is
here is not whether you are employed, and he is sorry that your voice is breaking and that
you feel stressed by this because that is not the intention." He then said that Ms. Moore-
Sykes has seen everything that he has said and everything he intends to say.
Mayor Swedberg indicated he is not a hands on Mayor and has let Ms. Moore-Sykes run
the City as she sees fit and has never given her direction as to how to do her job but it
concerns him when things come before Council that have been done wrong. He then said
that she is a good communicator and represents the City well. He further commented he
is not looking at this as a punishment but as areas that need improvement to reduce the
errors coming out of her office.
Mayor Swedberg commented that Ms. Moore-Sykes may not agree with what he says but
this is his opinion based on what he sees and most of what he sees happens in this
Council Chamber not in City Hall and not at Public Works. He further commented that
personalities mean nothing and what he is after is trying to solve problems and he thinks
there are some problems.
Mayor Swedberg commented that he feels there is an issue with follow up and support to
Council and several members have said that. He then said he looks forward to a time
when that will be beUer. He further commented that his biggest concern is the effective
supervision ofthe City Clerk to prevent errors.
Mayor Swedberg indicated he had asked for an evaluation of employee strengths and
asked whether employees are in positions where they can succeed. He then commented
that his comments on the resume were not based on comments on the resume but based
on references that he saw and the comments of those people and was not matching up and
that is why he provided the comment.
Mayor Swedberg indicated he hopes that the errors can be stopped and that quality can be
increased. He then said he looks forward to Ms. Moore-Sykes working with the next
Council to make these things happen.
Council Member Nelson indicated that Council does not supervise other staff members
only the City Administrator and when there are the kinds of errors that she has seen and
Council asks Staff about what kind of documents are being kept and whether the
employee has been reprimanded for a specific thing Council cannot get involved in that
level and can only evaluate you on what Council sees as far as leadership so from her
perspective she would agree that like she already said there has been a lot of errors and
they are documented in the minutes. She then said it looks as though the City
Administrator takes a lot of notes and that makes her think that things will get done and
by the next Council meeting it has not been done.
Council Member Nelson indicated that the week in review is very good and Ms. Moore-
Sykes represents the City of Centerville very well. She then said that Ms. Moore-Sykes
is a good communicator but the day-to-day supervising of Staff is not being done and
carrying out Council directives needs work.
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Council Meeting Minutes
Deoember 19, 2002
Council Member Nelson indicated that she does not feel that Ms. Moore-Sykes is using
her gifts to the greatest capacity so she is happy that the resolution passed to approve the
new organization. She then said that it is her goal in both of the reviews to try and
evaluate from what she sees and try to evaluate what can be done for the best of the City
Administrator and the City.
Council Member Nelson said she never thought in her mind of any terminating but of
what could be done to make this work better.
Council Member Capra indicated she had provided an evaluation form and she is a little
upset that it left the office as it is supposed to stay at the office. She then said that her
main issue is follow up or follow through because she feels the City Administrator is
ultimately responsible and needs to make sure that Council directives take place.
Council Member Capra asked for an answer or solution for the follow through issue as
she did not feel the response read addressed it.
Council Member Capra commented that there are errors with posting and indicated that if
she had not called to remind the City Clerk to post a recent meeting that it would not have
been done. Ms. Moore-Sykes indicated the City Clerk posted the referred posting on
Monday, which was within the three-day timeframe.
Motion bv Council Member Caora. seconded bv Council Member Travis to aoorove
a two percent (2%) steo increase retroactive to October with a review date set for
three months.
Council Member Travis stated "I did also do up an evaluation form". "I did not even
know we where suppose to turn it in but, 1 do see something here that 1 admire, that you
kind of put up". "I think you have done very good, you have a lot of stuffon your plate. 1
really respect that". "But these three here are probably the hardest three people in the
City to please too". "And 1 think you have done well". "Anything that these people have
given you and you have moved forward with, 1 think is just going to be a huge asset for
the City". "I don't know that it is necessarily criticism, as much as this is the way these
guys do it". "These guys maybe perfectionists, but 1 am about as far away from a
perfectionist as you can get, ask my wife". "I look at Linda as more being a realist and
stuff and 1 hope that that keeps moving you forward". "I think you are doing a great job".
"I really look forward to dealing with you as a city Staffperson".
Council Member Broussard Vickers reiterated her comments from the last evaluation and
said she feels Ms. Moore-Sykes has done an outstanding job this last year and, if she had
to guess, she would say it was the toughest year as an employee anywhere due to the
number of things confronting the City and the seriousness of the issues. She then said
she is not as concerned with follow up based on the numerous items being thrown at the
City Administrator because she feels the City Administrator will prioritize the items and
they will get done in time.
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Council Meeting Minutes
December 19. 2002
Council Member Nelson indicated she had an issue with telling a new Council what to do
and the motion dictates the new Council will review the City Administrator in three
months.
VOTE: Ayes -1 (Capra). Nays - 4. Motion failed.
Motion by Council Member Broussard Vickers. seconded by Council Member
Travis to i!:iye Ms. Moore-Sykes the full step increase and a satisfactory review.
Aves - 3. Nays - UNelson/Capra). Motion carried.
Ms. Moore-Sykes thanked Council for the comments.
X. ADJOURNMENT
Motion by Council Member Nelson seconded by Council Member Broussard
Vickers to adiourn the December 19. 2002 City Council meetini!: at 8:50 p.m. All in
favor. Motion carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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