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HomeMy WebLinkAbout2005-09-28 CC CITY OF CENTERVILLE CITY COUNCIL MEETING SEPTEMBER 28, 2005 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on September 28, 2005, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Lee Council Member Lakso Council Member Paar Council Member Richard Terway ABSENT: None. STAFF: City Attorney Mr. Hoeft City Engineer Mr. Peterson City Administrator Larson I. CALL TO ORDER Mayor Capra called the September 28, 2005, City Council meeting to order at 6:30 p.m. II. SET AGENDA The following items were added to the Agenda: Correct date for Minutes to September 14, 2005. Awards: Add Mr. Keleher, Sedona Homes. New Business: Add pay request KLM Engineering $7,095 for Water Tower; add Rice Creek Watershed District’s offer to purchase 2004 ¾ ton pickup for $22,000. Announcements: Add Chauncey Barett Senior Housing update. Motion by Council Member Paar, seconded by Council Member Lakso to approve the Agenda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1.September 14, 2005 City Council Meeting Minutes 2. September 14, 2005 City Council Closed Executive Session City of Centerville Council Meeting Minutes September 28, 2005 Council Member Lakso requested the following changes: On Page 4 of 10 under Hoeft comments change dock to bridge. Under Draft Purchase Agreement specify that Council did not have a draft of the Purchase Agreement but did review the terms with Staff. Motion by Council Member Paar, seconded by Council Member Lakso to approve the September 14, 2005 City Council Meeting Minutes as amended. All in favor. Motion carried unanimously. 2. September 14, 2005 Closed Executive Session Minutes Motion by Council Member Terway, seconded by Council Member Lakso to approve the September 14, 2005 Closed Executive Session Minutes as presented. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1.City of Centerville September 15, 2005 through September 28, 2005 Claims 2.Materials Management – Cooperative Purchasing Venture Agreement Council Member Lakso requested that the TimeSaver claim be removed for discussion. Motion by Council Member Lakso, seconded by Council Member Lee to approve Consent Agenda Item 2 as presented. All in favor. Motion carried unanimously. Council Member Lakso asked for clarification on the bill for TimeSaver. Staff noted that it was most likely for two meetings. Motion by Council Member Lakso, seconded by Council Member Terway to approve Consent Agenda Item 1 as presented. All in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES 1.Mr. Terry Sweeney – Use of 1694 Sorel Street (Lions Haunted House) Mr. Sweeney did not attend the meeting. 2. Mr. Paul Keleher, Sedona Homes, Centerville Town Office Park Boundary Landscaping Mr. Keleher addressed Council and reviewed the landscaping plan for the north boundary landscaping. He then indicated they would like to work with the City to beautify the common boundary with the public works property. Page 2 of 9 City of Centerville Council Meeting Minutes September 28, 2005 Joe Weworse from the landscaping company provided further details of the proposed landscaping along the northern border to screen public works and the residential area from their building. Mr. Peterson asked for clarification on the slope and whether it is four foot of drop over 10 feet. Mr. Weworse said it is a four foot drop over 10 foot 11 inches but they are not planting on the slope. He then said that they would like to fill an area into public works and bring trees in on that area after removing the fence. He further explained that the trees would hang partially onto Sedona property as well. Mayor Capra indicated she is concerned with drainage and not causing water that would freeze on the parking lot. She then asked whether the planned expansion of public works would be affected by this proposed landscaping. Council Member Terway asked who would maintain the trees. Mr. Weworse said that there are sprinklers that would water the sodded areas and the trees and the trees will be mulched to preserve water. Council Member Terway asked whether Mr. Palzer reviewed the plan. City Administrator Larson indicated that Mr. Palzer had reviewed it and would like time to review it further to ensure the concerns can be handled and to determine whether it would work as proposed. Mayor Capra indicated that the trees would be a great amenity to the property but she would like Staff to have time to review it to ensure drainage would not be negatively impacted. Council Member Paar indicated he would prefer the trees to the fence, as the fence is rather rundown. Council Member Lakso indicated that she would be in favor of nice landscaping once it meets with Staff approval. Council Member Terway asked if there would be any security issues that would need fence and does not want to add trees for Staff to maintain and/or replace and said that once the details are worked out he would be in favor of it. VI. PUBLIC HEARINGS None. Page 3 of 9 City of Centerville Council Meeting Minutes September 28, 2005 VII. NEW BUSINESS 1.Resolution #05-044 –Abatement of Special Assessments & Re-certification to Correct Parcel Number (2004 Streets) City Administrator Larson indicated there was a typographical error that needed to be corrected and then re-certified under the correct Parcel Number. Motion by Council Member Terway, seconded by Council Member Lakso to approve Resolution #05-044 as presented. All in favor. Motion carried unanimously. 2. Pay Request, Final – KLM Engineering ($7,095) Water Tower Mr. Peterson indicated that this is for the inspection services but there are a few other punch list items to be completed on the project. Motion by Council Member Lee, seconded by Council Member Paar to approve the pay request for KLM Engineering for the Water Tower in the amount of $7,095 as requested. All in favor. Motion carried unanimously. 3. Consider Rice Creek Watershed District’s Offer to Purchase Truck 2004 ¾ Ton Parking Lot City Hall $22,000 City Administrator Larson indicated that Rice Creek Watershed District is interested in purchasing the 2004 ¾ Ton pickup truck and has offered $22,000. Council Member Paar indicated there has been no other interest and asked what the Kelley Blue Book Value is. City Administrator Larson indicated that the wholesale price was $24,500 in August. City Attorney Hoeft indicated that it seems a reasonable price considering the length of time it has been sitting there for sale. Council Member Terway said that he has an issue with a truck in such nice condition that the City is getting rid of but, it is for sale, and this is another governmental entity. Motion by Council Member Terway, seconded by Council Member Lakso, to approve the sale of the 2004 ¾ Ton Pick up Truck to Rice Creek Watershed District for $22,000. All in favor. Motion carried unanimously. VIII. OLD BUSINESS 1. Dock/Bridges – Drainage/Utility Easements Page 4 of 9 City of Centerville Council Meeting Minutes September 28, 2005 Mayor Capra indicated that a lot of information was received in addition to what was presented at the last meeting and she has done some calling around to other communities for input as to how they handle this matter. Council reviewed maps received outlining the ponding areas. City Attorney Hoeft reviewed how the City can control the use of the easements for stormwater drainage. Mayor Capra indicated she feels that the information provided by Staff clarifies the authority of the City to control the easements. Mayor Capra indicated she spoke to a Council Member from Lino Lakes and confirmed that they disallow structures in drainage ponds. Council Member Lakso indicated that Brooklyn Park, Rochester and Hugo do not allow anything in easements whether it is temporary or permanent. Mayor Capra indicated that the city of Shoreview has an exception for a large drainage pond as there are 150 homes around this drainage pond and since the 70’s residents have called it Kerry Lake. She further explained that the residents have a lake association and they do have people who have created beaches and have docks within the easements. She then said that she spoke to staff who indicated that it is out of neglect from stopping it from happening rather than their approval of it that this happened and they do not allow it in newer developments. Council Member Terway said that most any easement that anyone has he has never seen anyone allow structures either permanent or non-permanent. He then said that his other concern is that the purpose of the ponds is to clean the water before it enters lakes and streams so it is not real sanitary or healthy to be condoning activities in these ponds. Council Member Paar said he is concerned with Centerville not other cities and would like to follow the advice of the City Attorney and the League of Minnesota Cities and not allow docks in the easements. He further said that the Ordinance does not allow them and they should not be there. Council Member Lee agreed that docks should not be allowed to protect the City from liability. Council Member Terway agreed that the docks should not be allowed as the Ordinance is on the books and does not allow docks. Council Member Lakso indicated she is concerned with the liability and she thinks that an easement should not have anything placed in it. She then said that the bridges she may consider but at this point not the docks. Page 5 of 9 City of Centerville Council Meeting Minutes September 28, 2005 Mayor Capra said she reviewed a lot of documentation on this and understands why residents would want to use the drainage ponds as an amenity and she feels the liability could be worked out with insurance requirements but she is concerned with saying that the docks could be left and no other docks be allowed. Mayor Capra asked if Council would consider allowing these docks to be put in during the month of April and taken out in October. Council Member Lee said that enforcement would be an issue with the plan presented by the Mayor and it would be an honor system and that does not work. He then said that he is not interested in incurring any more Staff time on this matter. Council Member Paar asked if the pond across Centerville Road was designed with natural grass that is supposed to filter. Mr. Peterson indicated that the homeowners are to leave a 20 to 30 foot buffer strip to the pond and not cut it. Mayor Capra indicated she would be open to a sunset on these docks and require insurance. Council Member Paar wants them out before the ponds freeze up this fall. Council Member Terway said he agrees with Council Members Paar and Lee and said that allowing a sunset date would just be putting off the inevitable because the City will not allow it going forward. He then said that a sunset date would cause additional issues for Staff and prolong the inevitable. He further commented that the City Attorney and the League have recommended against it and he would like the Ordinance enforced. Motion by Council Member Lee, seconded by Council Member Lakso to direct Staff to inform residents that they have until October 31, 2005 to remove docks from public easements. All in favor. Motion carried unanimously. City Administrator Larson asked for input on bridges and suggested directing the Planning Commission to review the Ordinance for permitting and requirements for allowing them. Council Member Lakso said she does not want anything in easements and does not want to go property by property deciding if it is appropriate or not. Council Member Lee said he understands the argument that if the City expects them to maintain the property they have to allow access to it but he does not want anything in easements. Council Member Lakso suggested a temporary set up that is removed when not in use but she does not want to see the Ordinance changed. Page 6 of 9 City of Centerville Council Meeting Minutes September 28, 2005 Council Member Paar said he understands needing to maintain but wants to maintain consistency with enforcement of nothing in the easement. Mayor Capra said she sees the bridges as a different thing than the docks to maintain the easement area as required and she would like this to go to Planning and Zoning. Council Member Terway said that if they cannot access the remainder of the property then he would be willing to consider it and feels that is different than a dock that is not a necessity. Mayor Capra said that she does not think it is feasible to have a removable bridge to access the rest of the property as that is a hardship for residents. Council Member Lakso disagreed because the bridges have made it easy for the ones that put bridges out but there are not very many bridges so many other residents are handling this a different way already. Council Member Lee indicated he does not want to pick and choose to whom the Ordinance applies. Mayor Capra indicated that the City does allow fences in the easement. She then said she wanted to amend Ordinance #4 to allow for bridges. City Attorney Hoeft provided clarification to Council that the bridge that was before Council at the last meeting is a bridge across the area that has defined water in it but the bridge accesses property on the other side that is still drainage easement and he is not sure that the City should be condoning access to it for mowing and landscaping as the property is drainage easement. City Attorney Hoeft asked how Staff would create guidelines or a policy on where those bridges would be allowed and how do you define the area to be allowed. He then said that it would be difficult to determine if the bridge goes from a resident’s property to a drainage easement or more property that is outside of the easement. He further commented that he would recommend the City not do things on a case by case basis. Motion by Council Member Lakso, seconded by Council Member Lee to direct Staff to inform residents to remove bridges in drainage easements by October 31, 2005. Ayes – 4, Nays – 1(Capra). Motion carried. IX. ANNOUNCEMENTS/UPDATES 1.City Administrator, Mr. Dallas Larson Page 7 of 9 City of Centerville Council Meeting Minutes September 28, 2005 City Administrator Larson indicated that the application to Rice Creek and Corp of thst Engineer was submitted for the road crossing between 20 and 21 Avenues and Staff received a list of items that need to be done and will begin working on that list. 2. 1601 LaMotte Drive City Administrator Larson indicated that the Purchase Agreement was delivered last week along with the earnest money check and that will be presented to the Board on October 11, 2005. He then said that Mr. Tschida has said that it would be his recommendation to reject the offer and put it out on the market. Mayor Capra asked if the City could use eminent domain to take the property if it is put out on the market. City Attorney Hoeft indicated the first step would be a Resolution authorizing the use of eminent domain and Staff could prepare it for the next meeting if it is necessary. He then outlined the process for an eminent domain proceeding for Council. Council Member Paar pointed out that he wanted residents to know that the City has offered $280,000 for the property and that is a fair offer based on the appraisal of the property. Council asked that the Resolution be ready for the next meeting for consideration. 3. Downtown Redevelopment Planning City Administrator Larson indicated the process is moving along and there was a walkthrough a week ago and ideas were collected for presentation to the Steering Committee on October 6, 2005. He also noted there would be a meeting on October 11, 2005 at the school. 4. Correspondence Mayor Capra reviewed correspondence with Council and Staff. 5. Chauncey Barrett Senior Housing Mayor Capra indicated that there was a tour and an overview of the project and housing available. Mayor Capra indicated the City has a financial commitment to this project if the HRA does not perform as planned and noted that Mr. Meyer is going to obtain a financial update to provide to Council. Council Member Paar indicated that there has been no EDC meeting scheduled and the committee may not exist any longer. Page 8 of 9 City of Centerville Council Meeting Minutes September 28, 2005 Council Member Lakso indicated there is a bill in the legislature to privatize cable and it allows them not to abide by regulations that they have now and decreases the powers of cable commissions. She then said that the Cable Commission has passed a Resolution to be sent to legislators showing opposition to the bill. Mayor Capra indicated that the City needs to review its Emergency Management Plan in light of the issues with FEMA and the natural disaster caused by Hurricane Katrina to ensure that the City is ready for any potential disaster. X. ADJOURNMENT Motion by Council Member Lakso, seconded by Council Member Terway to adjourn the September 28, 2005 City Council Meeting at 8:00 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 9 of 9