Loading...
HomeMy WebLinkAbout2004-04-14 CC CITY OF CENTERVILLE CITY COUNCIL MEETING APRIL 14, 2004 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on April 14, 2004, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member Lee Council Member Paar Council Member Broussard Vickers Council Member 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 April 14, 2004, City Council meeting to order at 6:40 p.m. II. SET AGENDA Council Member Paar, under Old Business, would like to add a shed issue regarding Joel Swenson. Council Member Paar would also like to add an executive session on personnel policy. Motion by Council Member Lee, seconded by Council Member Capra, to approve the agenda as modified. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1.March 24, 2004 City Council Meeting Minutes Council Member Capra requested the following changes: On Page 1, under Set Agenda, add the word “gardens” after Barett. On page 2, under Consent Agenda, item number 6, change it to say, “Recommended to EDC Committee member.” City of Centerville April 14, 2004 Council Meeting Minutes Motion by Council Member Paar, seconded by Council Member Broussard Vickers, to approve the March 24, 2004 City Council Meeting Minutes as amended. All in favor. Motion carried unanimously. IV. CONSENT AGENDA (1) 1.Centennial Fire District Quarterly Claim 2.Centennial Fire District – April 5, 2004 Claims 3.Parks & Recreation Committee Recommend to Not Exceed $50/per Park – (Flower/Monument Sign Revitalization) – Topsoil, Flowers, etc. (Park Maintenance Funds) 4.Acceptance of Ms. Betsy Scheller’s Resignation - EDC Motion by Council Member Lee, seconded by Council Member Capra, to approve the Consent Agenda (1) as presented. All in favor. Motion carried unanimously. CONSENT AGENDA (2) 1.City of Centerville March 25, 2004 through April 14, 2004 Claims. 2.Centennial Lakes Police Department – March 15-31, 2004 & April 1-8, 2004. The Council discussed the bills. Motion by Council Member Capra, seconded by Council Member Lee, to approve Consent Agenda (2) as presented. All in favor. Motion carried unanimously. AWARDS/PRESENTATIONS/APPEARANCES 1.Anoka County Board of Review. The Anoka County Board of Review was present at the Council meeting to answer questions. Crystal of the Anoka County Assessors Office gave an overview of the materials. At 7:45 p.m., Motion by Council Member Broussard Vickers, seconded by Council Member Capra, to close the Board of Review. All in favor. Motion carried unanimously. 2.Mr. & Mrs. John Lundbald, 1737 Partridge Place Mrs. John Lundbald stated her complaint regarding nails being left on her street by developers in the area and causing her several flat tires. After a discussion by the Council members, Council Member Broussard Vickers informed her that all the building permits in the area will be pulled and letters sent to the builders, telling them to be cognizant of picking up their nails. Page 2 of 11 City of Centerville April 14, 2004 Council Meeting Minutes VI. PUBLIC HEARINGS 1.Lot Combination Request Submitted by Mr. & Mrs. Douglas Chesnut (Lots 4 and 5, Block 1 – The Shores Subdivision) Mayor Sweeney opened the public hearing at 7:14 p.m. Council Member Capra stated she spoke to the Rehbein’s, and that they have no problem with this lot combination. Motion by Council Member Capra, seconded by Council Member Lee, to close the public hearing. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 7:17 p.m. Motion by Council Member Lee, seconded by Council Member Broussard Vickers, to approve the Lot Combination Request submitted by Mr. & Mrs. Douglas Chesnut (Lots 4 and 5, Block 1 – The Shores Subdivision). All in favor. Motion carried unanimously. 2.Lot Splits Request Submitted by Mr. Richard Davidson (1337 Mound Trail) Council Member Broussard Vickers stated the existing house would become a non- conformity once the lot split occurred. There was a discussion about access for the fire department to the property and the need for a 20-foot road with a five-ton design. Mayor Sweeney suggested getting something in writing from the property owner saying they would build a five-ton road if the City grants the lot split. Council Member Capra suggested continuing the public hearing in order to address the issues with the property owner. Motion by Council Member Capra, seconded by Council Member Lee to continue the public hearing. All in favor. Motion carried unanimously. Public Works Director will be in contact with the property owner. 3.Street Vacation/Easement Submitted by Mr. Clay Alcock (Mill Road th Extension/8 Street) 4.Rezone/Comprehensive Plan Amendment Request Submitted by Mr. Dennis Shudy (Cedar Street Park) Mayor Sweeney opened the public hearings on items 3 and 4 at 6:59 p.m. Page 3 of 11 City of Centerville April 14, 2004 Council Meeting Minutes Council Member Capra stated they did not have the information to do this comprehensive plan amendment at this time, and that with the street vacation easement, there is an understanding these residents would like to work out an agreement amongst themselves. Motion by Council Member Capra, seconded by Council Member Paar, to continue the public hearing to the next Council Meeting. All in favor. Motion carried unanimously. Mark Forrey, 2068 W. Cedar St., indicated he would like to speak regarding the Dennis Shudy matter. He stated he lives directly across the street from the property in question. He stated he has an easement across the property in question, so that there would be no access for Mr. Shudy to the road. The Council had a discussion regarding the zoning and history of the property. Mayor Sweeney stated the property is zoned industrial, and that it was tax forfeit land. Council Member Broussard Vickers suggested to Mr. Forrey that he speak to Mr. Shudy between now and the next Council meeting regarding the issue and return to the next Council meeting to speak to the issue. 5.Lot Splits/Lot Combination Requests Submitted by KCR Investments & Mr. & nd Mrs. Keith Kruger (Hunters Crossing 2 Addition, Phase 2 & 6719 Centerville Road) Mayor Sweeney opened the public hearing at 7:25 p.m. Mr. Rick Carlson and Mr. Keith Kruger explained the reason for the need for the lot split/lot combination requests. Motion by Council Member Capra, seconded by Council Member Paar, to close the public hearing. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 7:29 p.m. Motion by Council Member Capra, seconded by Council Member Broussard Vickers, to approve the Lot Splits/Lot Combination requests submitted by KCR nd Investments & Mr. & Mrs. Keith Kruger (Hunters Crossing 2 Addition, Phase 2 & 6719 Centerville Road). All in favor. Motion carried unanimously. VII. NEW BUSINESS 1.2003 Audit – Mr. Steve McDonald, ABDO, ABDO, Eick & Meyers Steve McDonald, ABDO, ABDO, Eick & Meyers, went through the Audit, the management letter that came with the financial statements, and went through a few of the highlights in the changes. Page 4 of 11 City of Centerville April 14, 2004 Council Meeting Minutes Mr. McDonald stated that the goal of the financial statements are to give an overview of the activities of the City, and the activities are broken down between governmental activities and business type operations. Mr. McDonald stated there was more of a focus on major fund activity. He stated there were three or four funds that met the criteria to be considered major, and that everything else gets rolled up into another category. Mr. McDonald stated the idea is that those cities that change their budgets to match their expenditure results, it’s more evidence in the financial statements. Mr. McDonald stated the general fund balance went up about $130,000 from 2002, and that at the end of 2003 the fund balance was just over a million dollars. He stated that this figure is 53 percent of what the expected 2004 expenditures are. He stated that that is an adequate fund balance reserve. He stated this has been fairly stable for the past couple of years. Mr. McDonald stated on page 6 there is a summary of the revenue and expenditures compared to the budget. He stated the special revenue fund balance is close to what it was the prior year. Mr. McDonald pointed out that there are 3.3 million dollars in bonds outstanding and over 3 million dollars in total assets, which is very well covered with the amount of debt that is outstanding. He stated the City is in pretty good shape from a cash position. Mr. McDonald stated there is a total capital project funds balance of just over 1.2 million dollars, which is up from the prior year. Mr. McDonald stated the sewer fund cash is approaching 2 million dollars. He stated the annual operating expenses are up to about a quarter of a million. He stated the cash balance has grown with the connection fees that are out there. He stated the bonds at the end of the year are about $262,000. He stated updating a rate study every year or two is a good idea. Council Member Broussard Vickers stated they need to make sure they do that for the upcoming budget. Council Member Capra requested that the following excerpt be contained in the minutes and that same was contained in ABDO, Eick & Meyers, LLP’s Report on the Minnesota Legal Compliance letter: “Public Purpose Expenditures” “In accordance with Minnesota Attorney General Opinion 59a-22, Nov 23, 1966, cities are to refrain from paying for employee social events and paying for flowers for a staff member who is ill or has lost a family member. During 2003, Page 5 of 11 City of Centerville April 14, 2004 Council Meeting Minutes the City Council authorized the use of City funds for an employee social event and for flowers. It appears the payment for this event does not meet the public purpose standard established by the Attorney General opinion.” The Council discussed that if they approve the audit, it is then sent out to the State Auditor and also published. Motion by Council Member Capra, seconded by Council Member Lee, to accept the 2003 Audit as presented. All in favor. Motion carried unanimously. Motion by Council Member Capra, seconded by Council Member Broussard Vickers, to authorize the City Finance Director to publish the 2003 Audit. All in favor. Motion carried unanimously. 2.Mr. George Eilertson, Northland Securities – Financial Advisory Agreement & Joint Power Police Station George Eilertson, Northland Securities, discussed the Financial Advisory Agreement and setting the sale for the second meeting in May. Mr. Eilertson explained the bond information and financial information he had put together for the Joint Power Police Station. He also discussed getting the City a Moody’s rating, and discussed the issue of bond insurance. The Council discussed the issues. Motion by Council Member Broussard Vickers, seconded by Council Member Lee, to accept Northland Securities as the financial advisor for the street improvement project. All in favor. Motion carried unanimously. Motion by Council Member Lee, seconded by Council Member Broussard Vickers, to table the issue of the Joint Power Police Station. All in favor. Motion carried unanimously. 3.Res. #04-020 – Issuance & Sale of $2,545,000 G.O. Bond – 2004 Street Project th Mr. Eilertson explained the resolution is to set the sale for May 26. He said what they’ve done in the past is put together the offering document and distribute it to underwriting firms that will bid on the bonds. Motion by Council Member Broussard Vickers, seconded by Council Member Paar, to approve Resolution #04-020, Issuance & Sale of $2,545,000 G.O. Bond for the 2004 Street Project on May 26. All in favor. Motion carried unanimously. 4.Sweeping of Ojiway Drive – Request Submitted by Ms. L.A. Peterson Page 6 of 11 City of Centerville April 14, 2004 Council Meeting Minutes The Council discussed this request and decided to deny same due to the fact that it is a private road. 5.Parks & Recreation Recommendation For Commercial/Industrial Park Dedication Fees The Council discussed this item. Motion by Council Member Lee, seconded by Council Member Broussard Vickers, to table the matter of the Park & Recreation Commission recommendation for Commercial/Industrial Park Dedication Fees, as presented. All in favor. Motion carried unanimously. 6.Res. #04-021 – Approving Plans & Specifications and Ordering Bids for the 2004 Street Project Motion by Council Member Broussard Vickers, seconded by Council Member Capra, to approve Resolution #04-021, Approving Plans & Specifications and Ordering Bids for the 2004 Street Project. All in favor. Motion carried unanimously. 7.Staff Recommendations for Hiring (2) Public Works Maintenance Positions Ms. Moore-Sykes described the screening process she went through of the 50 applicants using a questionnaire provided by the League of Minnesota Cities, to come up with 13 individuals for interviews. She stated Richard LaValle and Alan Anderson were the top two individuals chosen by the panel of four for the positions. Public Works Director Palzer expressed his dissatisfaction about the selection process of the 13 individuals and also his dissatisfaction with not being involved in the process of choosing the 13 to be interviewed. He indicated he had spoke to an individual who had applied who had more years of experience than some of the 13, and he wondered why he wasn’t among those 13. Council Member Paar and Council Member Lee expressed their dissatisfaction with the process not including Mr. Palzer in the screening of the 50 applicants. Ms. Moore-Sykes stated she was under the impression that they wanted the process to be moved along in an expedited manner, and being she had several years of experience in human resources and personnel and had a screening tool, she felt it would keep them on the up and up and out of any kind of a legal problem. Council Members Broussard Vickers and Mayor Sweeney expressed their approval of the process that had been gone through in selecting the applicants. Page 7 of 11 City of Centerville April 14, 2004 Council Meeting Minutes Public Works Director Palzer stated based on the information he had been given by this gentleman, he was a lot more qualified than the bottom six or eight that had been interviewed. Mayor Sweeney stated in his opinion Ms. Moore-Sykes had done what she was directed to do. He stated if everyone felt these two individuals are qualified for the position and would make good public works employees, then they should either accept it or deny it, and not start the selection process all over again. Public Works Director Palzer stated there are probably some legal implications here. Council Member Capra asked if he was talking about discrimination. Public Works Director Palzer stated they should probably go to the executive session on that. City Attorney Hoeft stated that they couldn’t go to executive session over that, and that it was a matter of public record. Ms. Moore-Sykes stated this is the first she has heard about this issue. City Attorney Hoeft stated he was not sure why Public Works Director Palzer was advocating a position for two people who had a problem with the way the process went, and if these two people felt they were somehow not treated properly, there are certain avenues they can follow. City Attorney Hoeft stated he didn’t have any problem with Public Works Director Palzer discussing his concerns about the criteria that were used, but he didn’t want them to get into a discussion about specific individuals who felt that they were aggrieved by the process. He stated he thought the City’s process had been legitimate. Council Member Broussard Vickers asked whether the two people chosen were qualified to do the job, and Public Works Director Palzer said that they were. Council Member Broussard Vickers then stated that she had faith in the process that had been gone through, and that she believed Ms. Moore-Sykes had expedited the process by bringing forward the 13 qualified people to interview. Motion by Council Member Broussard Vickers, seconded by Mayor Sweeney, to approve staff’s recommendations for hiring two Public Works Maintenance positions. Council Member Paar stated his concern over the criteria that Ms. Moore-Sykes had used on the 50 applicants. Ms. Moore-Sykes again stated she wished Public Works Director Palzer had come to her earlier because she had no idea who he was talking about. Page 8 of 11 City of Centerville April 14, 2004 Council Meeting Minutes Council Member Broussard Vickers asked whether they could go into executive session. City Attorney Hoeft stated there was nothing to go to executive session for. Council Member Paar stated since they were looking for public works employees that the Public Works Director should have been the one to go through the intitial criteria on the applications. City Attorney Hoeft stated if they were going to go through the process again and use different criteria, then they needed to apply the criteria to all 50 applicants and interview the applicants who now met the criteria. Motion by Council Member Capra , seconded by Council Member Lee, to table the issue until the next Council meeting. All in favor. Three in favor, and two opposed (Sweeney & Broussard Vickers). Motion carried. Motion by Council Member Lee, seconded by Council Member Capra, to have Ms. Moore-Sykes and Paul Palzer, Public Works Dept., work together to create criteria to review all 50 candidates to ensure that they are not missing the very best candidate. All in favor. Three in favor, and two opposed (Sweeney & Broussard Vickers). Motion carried. 8.Ordinance #52 – Recommended Language Amendments There was a discussion regarding after the ordinance is passed, it will be published. Motion by Council Member Capra, seconded by Council Member Lee, to adopt Ordinance #52, Recommended Language Amendments. All in favor. Motion carried unanimously. 9.Predatory Offender Notification City Attorney Hoeft explained that the police department is already required to release information on sex offenders being released. He explained the statutes provide immunity to cities if they don’t provide any information, but that the city could be liable if they provide information which they are not supposed to. Council Member Lee stated it was his position that the City notify all the residents in the community. The Council discussed the item. Council Member Capra suggested notifying residents to check the city’s web site for the information in order to not be held liable for disseminating incorrect information. City Page 9 of 11 City of Centerville April 14, 2004 Council Meeting Minutes Attorney Hoeft agreed with this idea and said that Staff should draft something up for the next meeting. No action taken. 10.Issuance of Overweight Permits for L & N Sodding The Council discussed this item. Motion by , seconded by Council Member Broussard Vickers, seconded by Council Member Lee, to approve the issuance of Overweight Permits for L & N Sodding. All in favor. Motion carried unanimously. 11.Approval of Restoration Work – Hardwood Pond (L & N Sodding) The Council discussed this item. Motion by Council Member Lee, seconded by Council Member Broussard Vickers to approve the restoration work for Hardwood Pond (L & N Sodding). All in favor. Motion carried unanimously. 12.Bald Eagle Water-Ski Show – Approval Letter. Motion by Council Member Capra, seconded by Council Member Broussard Vickers, to furnish a permission letter for the Bald Eagle Water-Ski Show, contingent on criteria set forth by the Anoka County Sheriffs Water Patrol. All in favor. Motion carried unanimously. VIII. OLD BUSINESS 1.Mr. Joel Swenson’s shed. st There was a discussion regarding the shed and the need to move it by May 31because it’s on a drainage easement. IX. ANNOUNCEMENTS/UPDATES 1.Council Member Paar gave an EDC update regarding the County Road 14 project at the Wargo Nature Center. He stated the EDC would like a committee from the City Council to attend further meetings. He stated the EDC needs a total of $700 for the upcoming Business Appreciation Dinner. Motion by Council Member Capra, seconded by Council Member Lee, to approve paying $700 to the EDC for their Business Appreciation Dinner. All in favor. Four in favor, and one opposed (Broussard Vickers). Motion carried. Page 10 of 11 City of Centerville April 14, 2004 Council Meeting Minutes 2.Public Works Director Palzer discussed the fact the police department would like to have to have the old cabinets from City Hall. The Council discussed this. Motion by Council Member Broussard Vickers, seconded by Council Member Lee, to donate the old cabinets to the police department. All in favor. Motion carried unanimously. XI ADJOURNMENT The meeting was recessed at 10:20 p.m. to the Executive Session. Council reconvened regular session 12:05 a.m. During the executive session discussion ensued regarding threatened litigation by the Public Works Director – Mr. Palzer for hostile work environment. Motion by Council Member Broussard Vickers, second by Council Member Capra to have the City Attorneys Office investigate the allegations of a hostile work environment. All in favor. Motion carried unanimously. Motion by Council Member Broussard Vickers, second by Council Member Lee to have the city attorney notify City Staff regarding the future process for communication of staff to City Professionals. All in favor. Motion carried unanimously. Motion by Council Member Paar, second by Council Member Capra to appoint two Council Members (Broussard Vickers and Lee) to serve on the Public Works hiring committee. All in favor. Motion carried unanimously. Motion by Council Member Capra, seconded by Council Member Lee to adjourn the April 14, 2004 City Council Meeting at 12:08 a.m. All in favor. Motion carried unanimously. Transcribed by: Sheree Theobald, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 11 of 11