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HomeMy WebLinkAbout2004-02-25 CC CITY OF CENTERVILLE CITY COUNCIL MEETING FEBRUARY 25, 2004 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on February 25, 2004, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member Tom Lee Council Member Jeff Paar Council Member Linda Broussard Vickers Council Member Mary Capra ABSENT: None STAFF: City Administrator, Ms. Moore-Sykes City Attorney, Mr. Hoeft City Engineer, Mr. Peterson I. CALL TO ORDER Mayor Sweeney called the February 25, 2004, City Council meeting to order at 6:38 p.m. II. SET AGENDA Council Member Capra requested an update on the public works position and noted that Item 5 on the Consent Agenda should be $62,860. She then indicated she intended to pull Items 1 and 5 from the Consent Agenda for discussion. Motion by Council Member Paar, seconded by Council Member Lee to approve the agenda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1.February 11, 2004 City Council Meeting Minutes Council Member Capra requested the following changes: On Page 15 change the reconvened time and add the adjournment time. Mayor Sweeney requested the following change: On Page 6, third paragraph change water tower fund to water fund. Page 1 of 14 Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve the February 11, 2004 City Council Meeting Minutes as amended. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1.The City of Centerville February 12, 2004 through February 25, 2004 Claims for Approval 2.Centennial Lakes Police Department Claims (1/9 through 1/31) 3.Centennial Lakes Police Department Claims (2/1 through 2/12) 4.Centennial Fire District Claims st 5.21 Avenue – City of Lino Lakes 6.Resolution #04-014, 2004 Residential Street Project 7.Arnt Construction – Pay Request $38,934.16 Council Member Capra requested that Items 1 and 5 be removed for discussion. Motion by Council Member Capra, seconded by Council Member Broussard Vickers to approve Consent Agenda Items 2, 3, 4, 6 and 7 as presented. All in favor. Motion carried unanimously. Mayor Sweeney indicated that a resident on Brian Drive had complimented Arnt Construction on the way the project was handled and the professionalism they showed while in the neighborhood. V. AWARDS/PRESENTATIONS/APPEARANCES 1. Mr. Greg Kieselhorst, Fete des Lacs – Request for Funds Donated by the Spring Lake Park Lions ($3,000.00) Mr. Kieselhorst of 7155 Brian Drive addressed Council and requested the $3,000 donated to the City by the Spring Lake Park Lions as a contribution toward the costs of the Fete des Lacs Festival. Council Member Capra indicated that she feels the funds should be earmarked for a specific purpose rather than generalized purposes. Mr. Kieselhorst indicated he would need $26,450 to pay the bills associated with the Festival at this point in time. He then reviewed the list of items he had provided with Council. Council Member Capra indicated that she would like to specify that the $3,000 is to be used for things that are no charge to the residents to participate in. She then asked what the $2,750 for the kids carnival was for. Page 2 of 14 Mr. Kieselhorst indicated that the funds were for prizes and other costs associated with putting on the kids’ carnival. He also noted that they are attempting to have a kids karaoke set up. Council Member Broussard Vickers asked what the charge for the kids carnival would be. Mr. Kieselhorst explained that there would be an unlimited ride wrist band available for $5.00 as was done last year. He then told Council that the carnival for kids has been greatly increased with rides and games for this year. Mayor Sweeney listed the events that are no charge to the residents and the amounts attributed to each indicating that with the inclusion of the fee for insurance for the event the amount is $18,450. Council Member Broussard Vickers agreed to stipulate that the funds are to be used for items that residents are not charged a fee to participate. Council Member Paar indicated he had no issue with the proposal provided he receives a full accounting at the end of the festival as was done last year. Motion by Council Member Lee, seconded by Council Member Paar to approve the transfer of $3,000 to the Fete des Lacs fund for the Lions as requested. Council Member Capra requested a friendly amendment to require that the $3,000 be used toward free events. Council Member Lee agreed to the friendly amendment. Council Member Capra commented that she does not feel that the insurance policy should be paid for by the City as she feels it is a Lion responsibility. Mayor Sweeney explained that the City is protected by that insurance. VOTE: All in favor. Motion carried unanimously. Mr. Kieselhorst thanked Council for its consideration. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to approve the City of Centerville Claims February 12, 2004 through February 25, 2004 as presented. All in favor. Motion carried unanimously. Ms. Paulseth indicated that the City has not received a formal invoice from Lino Lakes st for the 21 Avenue payment request. Page 3 of 14 Motion by Council Member Lee, seconded by Council Member Paar to approve the payment of $62,860 contingent upon receipt of a bill in the amount of $62,860. All in favor. Motion carried unanimously. 2. Public Works Director/Building Official Monthly Update Mr. Palzer was not able to attend this meeting but is scheduled to be at the next. VI. PUBLIC HEARINGS 1. Chauncey Barrett Gardens, Phase II Special Use Permit Request Mayor Sweeney opened the public hearing at 6:53 p.m. Frank Dunbar, Consultant to the Housing Authority addressed Council and provided a brief overview of the proposed Phase II. Council Member Capra indicated she felt this was a great plan. Council Member Broussard Vickers indicated that Planning and Zoning recommended approval of a special use permit with no negative comments against it. Motion by Council Member Paar, seconded by Council Member Broussard Vickers to close the public hearing. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 6:56 p.m. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve the special use permit for Chauncey Barrett Gardens, Phase II as requested. All in favor. Motion carried unanimously. 2. Requested Rezone from I1 to R2A, Lot Split & Comprehensive Plan Amendment th 6867 – 20 Avenue 3. Requested Rezone from I1 to R2A, Lot Split & Comprehensive Plan Amendment th 6885 and 6895 – 20 Avenue 4. Requested Rezone from R1 to R2A, Lot Split & Comprehensive Plan Amendment Parcel South of Sumac Court Mayor Sweeney opened the public hearings for all three rezone requests at 6:57 p.m. Mr. Keleher addressed Council and explained the requested rezoning providing a drawing of the different areas to be rezoned. Page 4 of 14 Council Member Capra asked how they intended to get access to the townhomes if the sale did not go through on the C1 parcel. Mr. Keleher indicated the County would like them to align the streets, if possible. He th then said that the proposed entrance would need to be negotiated off of 20 Avenue. Council Member Capra asked whether there is an alternative if the County says no access. Mr. Keleher indicated that the County has to provide them access. Council Member Broussard Vickers indicated that Planning and Zoning had discussed some issues needing finalizing should the project move forward. Council Member Capra asked if this is all contingent upon being awarded TIF for this project. Mr. Keleher indicated that it would be. Council Member Lee indicated he is not comfortable with tying the two together as they had been separate issues all along. Council Member Broussard Vickers told the developer they are not guaranteed TIF if the rezone is approved. City Attorney Hoeft asked whether the commercial property would be large enough to meet the commercial size requirements. Mr. Keleher indicated that it is a contiguous 1.48 acres and there is enough property to meet the minimum 30,000 square feet. Council Member Capra indicated she is concerned that the developer would come back and propose more townhomes. City Attorney Hoeft indicated that he had asked the question of whether it is large enough for one lot or if it can be subdivided later. Council Member Paar asked whether Planning and Zoning had recommended approval of the rezone, lot split, and Comprehensive Plan Amendment. Council Member Broussard Vickers indicated that Planning and Zoning did move it forward and recommend approval. She then provided an overview of the comments received at that meeting. The concerns were loss of commercial tax base, a person concerned about snowmobiling in her yard, one person who did not like trails or paths, and one person who felt the change would devalue their property. Page 5 of 14 Council Member Broussard Vickers indicated that there are a lot of issues to resolve prior to the preliminary plat discussions. Council Member Capra asked where the pond is proposed to be. Mr. Keleher showed the preliminary plan that shows the mitigation area and what is preliminary planned. Council Member Capra asked what type of buffering would be behind the townhomes to buffer them from commercial. Mr. Keleher indicated they intended to work out screening with trees. Council Member Capra indicated she would not be in favor of TIF funding for this project. Council Member Lee indicated that he likes the idea of the TIF project for the commercial property but is not sure on the residential at this time. City Attorney Hoeft asked whether Mr. Keleher would be purchasing the Carpenter property and then indicated that the City has had an issue with the sliver of property on th the east side of 20 Avenue. He then asked whether they were asking that the piece of property in question be rezoned because it is not excepted out of the legal description provided. Mr. Keleher indicated it is included in the request. City Attorney Hoeft indicated that the zoning of that small piece is not an issue because it is not usable for either use. Motion by Council Member Paar, seconded by Council Member Capra to close the public hearing. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 7:20 p.m. City Attorney Hoeft indicated he would work with Staff on the necessary amendment to the zoning code. City Attorney Hoeft indicated that Resolution of approval would need to be approved by Council and recommended that Council direct the developer to move forward with the Comprehensive Plan Amendment at his expense if it is approved. City Attorney Hoeft indicated that Council could make the motion to direct Staff to prepare the appropriate paperwork and noted that amending the Comprehensive Plan would take a 4/5ths vote but the rezoning is a simple majority. Page 6 of 14 Motion by Council Member Broussard Vickers, seconded by Council Member Paar to approve the Comprehensive Plan amendment for rezoning the properties as requested at the cost of the developer. All in favor. Motion carried unanimously. Motion by Council Member Broussard Vickers, seconded by Council Member Lee to approve the rezoning of the properties as presented in the public hearing notices excluding Item 4 removed from the agenda. All in favor. Motion carried unanimously. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve the lot split as presented in the public hearing notices. All in favor. Motion carried unanimously. 5. SWPPP (Storm Water Pollution Prevention Program --------------------------------------------------------------------------------------------------------------------- CITY OF CENTERVILLE STORM WATER POLLUTION PREVENTION PROGRAM PUBLIC HEARING --------------------------------------------------------------------------------------------------------------------- Public hearing taken at Centerville City Hall, February 25, 2004, before Joan Lenzmeier, a Notary Public in and for the State of Minnesota, commencing at 7:30 p.m. -------------------------------------------------------------------------------------------------------------------- Mayor Sweeney opened the public hearing at 7:30 p.m. Ms. Roberta Wirth of Eagle Trail indicated she reviews SWPPP’s for the state of Minnesota and is here as a citizen not as an employee who reviewed it. Although the SWPPP met all the BMPs and the check sheet they use which you will receive a copy of she thought she was reading the SWPPP from another city. This is a list of best management practices or behaviors the City is going to carry out to protect storm water. It met all permit requirements on paper but she can attest that she has been here in person to voice concern about the pond that she lives adjacent to and her neighbors and she are disappointed at the lack of action when they come to the City for help. Ms. Wirth indicated that the pond adjacent to her is filled in with sediment and when she complained before the City that the developer was observed pumping sediment into the pond that is open to waters of the state and the pond behind her no one here assisted them. She tried to work through some of the issues with the Rice Creek Watershed and they are inactive as well. She further commented that Staff at Rice Creek have given her the impression that there is no intention of dredging the pond. Page 7 of 14 Ms. Wirth indicated there is a citizen pond monitoring program listed in the SWPPP. She then asked if the City has one because she is unaware of it. Council Member Capra indicated that the City has done a pond assessment to determine which ponds need to be dredge and develop a time frame for dredging them. She then indicated that Rice Creek was to dredge the pond in question. Council Member Broussard Vickers indicated the City was ready to move forward with dredging the pond but Rice Creek indicated they were going to handle it. Council Member Capra indicated Mr. Hallstrom was told they would be coming this winter and this was discussed a few months ago. Ms. Wirth said her question is: Is there a citizen pond monitoring program? She then indicated that BMP 53 on post construction pond maintenance says that ponds are inspected and the City is collecting fees. Have the ponds been inspected? Mayor Sweeney indicated the City just finished the inspection and approved the dredging of the first one. Ms. Moore-Sykes indicated this is the first one on this plan. Council Member Broussard Vickers commented that Ms. Wirth has implied that Rice Creek has failed to dredge the pond and has said that they are not going to. She then asked whom Ms. Wirth spoke to. Ms. Wirth indicated she could give the information to Staff tomorrow. She then asked whether the City could order the pond dredged immediately and use the escrow if Rice Creek is not going to do it as was the plan when the City was going to take action but stopped because Rice Creek stepped in. Ms. Paulseth indicated that there is no escrow on that project. Council Member Broussard Vickers asked whether Staff would need to get bids to dredge the pond or if Arnt Construction could be used again. City Attorney Hoeft recommended having the City Engineer obtain bids for the project. Council Member Broussard Vickers asked whether it would be possible to get it done yet this spring. Mr. Peterson indicated they had asked Arnt Construction to do another little ditch and they would not do it because the ground has gotten too soft. Page 8 of 14 Council explained that they directed the engineering Staff to review the ponds and make recommendations on those that needed dredging and that is why the pond at hardwood ponds was done. Council Member Broussard Vickers indicated she was not pleased that Rice Creek had said they would do the dredging but has not done so. Ms. Moore-Sykes indicated that this SWPPP was put together with the help of Bonestroo as part of the NPDES Phase II which covers small municipalities and contractors or anyone that disturbs from one acre to five acres of land and became effective March 10, 2003. She then indicated that the City is now required by law to have an annual report submitted to the MPCA and to hold this public hearing to allow residents the opportunity to come and discuss the SWPPP. As a part of this that was new, as a result of an appeal to a challenge to the MPCA, the City also had to have a 30-day notice statewide so anyone in the state could come to the City to discuss the SWPPP at this meeting. Ms. Moore-Sykes indicated that as part of the requirements, this is the public hearing and the public hearing has been opened up to anyone that wants to comment and the City is open to receiving written comments or comments via email or phone calls. Comments made this evening will be taken down and submitted as part of the annual report and as a record of this hearing. Council Member Broussard Vickers asked whether the City is required to conduct an annual pond inspection. Ms. Sykes indicated that the City needs to do an annual report based on the BMPs. Some is outreach programs and education on how to keep pollution out of the waters. Council Member Lee commented that it is talking to people about keeping leaves and pesticides and fertilizers and grass clippings out of the gutters. Ms. Moore-Sykes indicated the City has spring clean up day as well as a lot of information on the website. Council Member Broussard Vickers asked whether the City has to have an engineering inspection of the ponds once per year. Ms. Moore-Sykes indicated that Public Works has assessed all 35 ponds this last year and that is ongoing. She also indicated that the City instituted the watering ban this past summer and talked about and changed the sump pump ordinance and these things are ongoing things to improve the quality of the storm water runoff into the lakes. The City received a grant to establish better drainage along LaMotte Drive before it enters the lake. Council Member Capra asked if the City has heard from the Metropolitan Council with regard to the infiltration of storm water into the sanitary sewer. Page 9 of 14 Ms. Moore-Sykes indicated that Mr. Palzer has spoken to them and has been told that it did not involve Centerville. Ms. Wirth said you do have a BMP sheet on inspecting ponds annually and they are enforceable and you have down Public Works Mr. Palzer as the person responsible for that. Council Member Paar commented that engineering wise that is why the one was dredged and all have been reviewed but the City does not have the budget to do all 35 ponds at one time. Council Member Broussard Vickers indicated she would like to have an engineer look at it every five years or so in addition to yearly staff inspections. Ms. Moore-Sykes indicated that Mr. Palzer can do it and as part of the pond dredging plan established that will happen on an annual basis. Council Member Paar indicated he wanted this one that the City thought was being done to be researched and taken care of. City Attorney Hoeft asked whether Phase II drains to that pond. Nancy Fitzgerald of 7003 Dupre indicated they put up silt fencing but in her area the fencing was put up and fell down and no one made them put it back. She said she believes that the drain that kept out sediment either fell out or was not there and caused sediment. She then asked, after the initial approval to do these construction projects, who is responsible for following up on seeing that the silt fencing is kept in place to avoid this type of issue. Council Member Broussard Vickers indicated that City Staff and the engineering Staff and what the City runs into is an enforcement issue and to keep notifying the developer to do it and they do not then they say they did and then it is down again and the City fights a continuous circle on that project and has not perfected the ability to enforce the things as consistently as the City would have liked to. Mayor Sweeney asked if the City could, since part of developers agreement requires maintaining silt fence, red tag the construction and stop all work until the silt fencing has been restored. City Attorney Hoeft said that as long as it is servicing that building and it has ongoing construction he would think so. Council Member Capra indicated the City could sweep the streets and charge them if not done within 24 hours. Page 10 of 14 Council Member Lee said the City needs to enforce this but there is not enough money to cover all the work the City would end up doing. Council Member Broussard Vickers said there is not enough when someone is not cooperative and the City cannot treat them individually in terms of what to hold in escrow. City Attorney Hoeft indicated the City could adjust if it has a developer who is non- responsive and take that into consideration in negotiating the development contract. Council Member Capra indicated that the City does look for policing from the residents and will respond as quickly as possible. The City does have the teeth to do these things if we just do it. She even called him once and he has been receptive in getting it done within a day or two maybe some more policing on the part of the City would help. Ms. Wirth said in response to the question she urged that you all read the SWPPP Summary and that also that it be put on the web so citizens can read it. You have an erosion and sediment control inspection and enforcement BMP43 that says the City conducts erosion and sedimentation inspection for projects developments or redevelopments inspected on a weekly basis and does that happen. And/or after significant rain events warning letter stop inspection letter and it goes on to say this is an existing program. Warning letters, she is not sure they were given any. City Attorney Hoeft indicated that warning letters have been given. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to close the public hearing. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 7:54 p.m. STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) I, Joan R. Lenzmeier, hereby certify that I recorded the City of Centerville Storm Water Pollution Prevention Program public hearing on February 25, 2004 and that this is a true record of the proceedings. ______________________________ Joan R. Lenzmeier Notary Public, State of Minnesota My Commission Expires January 31, 2005 Page 11 of 14 VII. NEW BUSINESS None. IX. OLD BUSINESS 1. Mr. Dennis Shudy – Cedar Street Park (Proposed Purchase – Anoka County Appraisal) City Attorney Hoeft indicated there was a misunderstanding with regard to the purchase agreement but clarified that his office had provided it to the City for distribution. He then indicated that the draft provided needed some amendments and said he would take care of that and provide it to Council for consideration at the next meeting. City Attorney Hoeft indicated that Mr. Shudy has provided the City with $10,000 as part of the purchase agreement requirements. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to table this matter to the next meeting. All in favor. Motion carried unanimously. X. ANNOUNCEMENTS/UPDATES 1. Anoka County Around the County Quilt (Capra) Council Member Capra indicated that the Around the County quilt has been completed and the County is offering it to the City for one month for viewing. She then volunteered to pick it up and asked whether Council would like it displayed at City Hall, the Bank or the School. Council agreed that the bank would be a good location to allow the most residents to view the quilt. 2. Public Works Employee Council Member Capra asked whether the position has been posted. Ms. Moore-Sykes indicated that preparing for the SWPPP hearing had taken up the majority of her time for the last two weeks. Mayor Sweeney indicated that he is aware of a resident that came in for an application and was told the job has not been posted. Ms. Moore-Sykes indicated that persons name and telephone number was taken and he will be notified when the position is posted. Page 12 of 14 Mayor Sweeney indicated he knows of two people in town that are interested in the position. Ms. Moore-Sykes indicated that the job description is almost done and the position will be advertised in the StarTribune. Council Member Broussard Vickers asked whether the license fee schedule needed to be voted on. Ms. Moore-Sykes indicated that Staff did not have the changes ready to go and asked whether Council wanted to add the recommended language on street easement vacations. Council Member Broussard Vickers indicated she would like to stay with two-year animal license renewals and is fine with the language on street vacations. City Attorney Hoeft indicated he was not sure whether it needed to be part of the fee schedule. Council Member Capra asked if residents are able to reorder licenses through the mail rather than come to City Hall. Ms. Stephen indicated that she does mail in renewals. Council Member Capra thanked everyone that helped with the Frozen Fete des Lacs. Council Member Paar thanked the Lions for having the trailer at the events and St. Genevieve’s for the sledding. He then thanked everyone that assisted in making the Festival a success. Council Member Capra indicated that some Lino Lakes residents said they felt fortunate to live next to Centerville because they feel like they belong to a small town because of the community events. Council Member Broussard Vickers indicated that the Planning Commission is operating with five members and meets again in April due to a rescheduled March meeting. Council Member Capra indicated that the cable building is in process and they reviewed brick and color samples. Mr. Roslansky asked what to expect for the procedure concerning his storage unit during construction. Ms. Moore-Sykes indicated that his building permit would note that the storage unit is to be removed when the building permit expires. Page 13 of 14 XI. ADJOURNMENT Motion by Council Member Capra, seconded by Council Member Broussard Vickers to adjourn the February 25, 2004 City Council Meeting at 8:13 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 14 of 14