Loading...
HomeMy WebLinkAbout2004-04-28 CC CITY OF CENTERVILLE CITY COUNCIL MEETING APRIL 28, 2004 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on April 28, 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 28, 2004, City Council meeting to order at 6:30 p.m. II. SET AGENDA Mayor Sweeney indicated that St. Genevieve Church, Victory Sports Channel and League of Minnesota Cities Personnel Investigation would be added under New Business. He then added St. Paul Water Utility under Old Business. Mayor Sweeney indicated that Council would be continuing the public hearing on the street vacation for Mr. Alcock. Council Member Capra indicated she would like to make an announcement under Awards and Appearances. City Attorney Hoeft requested that a brief executive session be held at the end of the meeting to discuss the City’s litigation with Land Holding Company. Motion by Council Member Broussard Vickers, seconded by Council Member Lee to approve the agenda as amended. All in favor. Motion carried unanimously. City of Centerville April 28, 2004 Council Meeting Minutes III. APPROVAL OF COUNCIL MINUTES 1.April 14, 2004 City Council Meeting Minutes Mayor Sweeney requested the following changes: On Page 5, bottom of page under sweeping of Ojibway Drive add that Council denied it because it is a private road. On Page 6, middle of page Council Member Paar and Council Member Lee expressed dissatisfaction remove “not being involved”. On page 8 under Old Business change Joe to Joel. Council Member Capra requested the following changes: On Page 3, correct the spelling of Rehbein. On Page 7 indicate that Mayor Sweeney and Council Member Broussard Vickers were opposed. On Page 8 motion on EDC is Capra/Lee and vote was 4 to 1(Broussard Vickers opposed). Council Member Lee asked that more detail be included on Page 6 under Item 7. Correct the spelling of LaValle. Council Member Paar requested that more information be included on Page 4 during the audit discussion and that the information on being “unqualified” be included. Motion by Council Member Capra, seconded by Council Member Paar to table approval of the Minutes to the next meeting. All in favor. Motion carried unanimously. 2. April 14, 2004 City Council Work Session Meeting Minutes Motion by Council Member Capra, seconded by Council Member Broussard Vickers to approve the April 14, 2004 City Council Work Session Meeting Minutes and the April 21, 2004 Work Session Meeting Minutes as amended. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1.The City of Centerville April 14, 2004 through April 28, 2004 Claims for Approval 2.Centennial Fire District Claims 3.Centennial Lakes Police Department Claims Motion by Council Member Lee, seconded by Council Member Broussard Vickers to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES Page 2 of 12 City of Centerville April 28, 2004 Council Meeting Minutes Council Member Capra thanked the residents of Pheasant Hills and those Centerville residents that helped with the boy scouts’ food drive and noted that 1,109 pounds of food was donated for the food shelf. VI. PUBLIC HEARINGS 1.Lot Split Request Submitted by Mr. Richard Davidson (1337 Mound Trail) Mayor Sweeney opened the public hearing at 6:41 p.m. Ms. Debbie Gonsior of 1343 Mound Trail indicated that she lives directly to the west of the plat and she is one of the people that sent a letter and she does not have a problem with the plat itself. Her two issues are the issue of drainage and the fact that Mr. Davidson has said he intends to raise the elevation of the property and build a two story home which causes concern for her with drainage and sight lines to the lake. Ms. Gonsior asked that the Minutes reference her concerns with the location of the homes on Lots 2 and 3 as they are closer to the lakeshore than her home and would significantly impact her view and property value. Ms. Gonsior indicated she had an appraisal done a number of years ago and the biggest factor with lake shore property is the view of the water and having the new home closer to the lake than hers impacts her sight line. She then said that the appraisal deducted value because of a power pole and a power pole is very insignificant compared to what an entire home would be and she can move the power line in the future. Ms. Gonsior indicated she had no issue with the plat but asked that the developer move the homes back on the lots to maintain the same setbacks as the other homes in the area. Mayor Sweeney asked how long the driveways are. Mr. Richard Davidson indicated that he still needed to amend the plan to reflect the turn around requirements of the fire department. Mr. Davidson indicated the old house would be coming out and there would be an easement for the sewer line between lots two and three so all three houses go in on that main trunk. He then indicated that the existing houses to the west are along a certain line and what he is proposing is consistent with that line. He further commented that he is willing to listen to any suggestions. Mayor Sweeney asked how long the driveway on Lot 3 would be. Mr. Davidson indicated that it was 80 to 90 feet from the corner and the one on Lot 2 is longer. He then said he could move the homes back a bit but is bound by the lot width requirement at the foundation. Page 3 of 12 City of Centerville April 28, 2004 Council Meeting Minutes Council Member Capra suggested moving the house back on Lot 3 to make the curve. Mr. Davidson explained that the elevation would only be about two or so feet higher than Mound Trail. Council Member Broussard Vickers asked the developer to step back the house on the lot next to Ms. Gonsior about 15 feet to get it behind the tree line and eliminate the sight line impact to Ms. Gonsior. City Attorney Hoeft indicated that location of homes is not relevant to the lot split. He then said that the only issue from the City’s perspective is the fire department turn around requirements. He further explained that the developer will need to meet all City requirements before any permits are issued. Council Member Broussard Vickers indicated the existing home becomes a nonconforming lot before it is torn down. City Attorney Hoeft indicated the home is of no value and will not be left on the lot. He then said that the home is nonconforming and the developer has committed to removal of the home. Council Member Broussard Vickers commented that the way it is drawn if he came back to the City for a permit, regardless of the concern of the neighbor, the City would issue the permit because it meets City requirements. Council Member Capra indicated she ran into someone at the first County Road 14 meeting at Wargo and he stated that when the road was redone into the County park there were issues with water and it was found that a culvert was blocked and he is working on that. Ms. Gonsior said she feels the City should look at how this proposed development fits within the existing neighborhood before making the approval. She then asked Council how she was to protect herself and asked whether the developer would be willing to move the house back to protect her sight line. 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 7:08 p.m. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve the lot split as requested. Council Member Lee expressed concern with granting the lot split and creating the nonconformity with the existing home. Page 4 of 12 City of Centerville April 28, 2004 Council Meeting Minutes Mr. Davidson told Council the home is a health hazard and it is definitely going to be torn down. VOTE: All in favor. Motion carried unanimously. 2. Street Vacation/Easement Submitted by Mr. Clay Alcock (Mill Road th Extension/8 Street) Motion by Council Member Lee, seconded by Council Member Paar to continue the public hearing to the next Council meeting. All in favor. Motion carried unanimously. 3. Rezone/Comprehensive Plan Amendment Request Submitted by Mr. Dennis Shudy (Cedar Street Park) Mayor Sweeney opened the public hearing at 7:10 p.m. Mayor Sweeney indicated two letters were received on this matter. He then read one from the City of Lino Lakes concerning the proposed use for the property and the other from Mr. Coatney which was an offer to purchase the property for a higher price. Council Member Capra asked what Mr. Shudy would be doing with the waste water. Mr. Shudy indicated that he either uses it or retains it. Council Member Capra asked what the hours of operation would be. Mr. Shudy indicated his hours of operation are 7:00 a.m. to 5:00 p.m. and everything will be inside. Council Member Capra asked how Mr. Shudy intended to access the site. th Mr. Shudy indicated there is an easement along the section line out to 20 Avenue. Council Member Capra asked that the access be pointed out on the map and Mr. Shudy did so. City Attorney Hoeft indicated the status of the easement is irrelevant to the rezoning question and, if Mr. Shudy wants to pay the City $100,000 for a landlocked piece of property, he can do that. He then said that he knows the property is not landlocked because Mr. Shudy went through a lending institution and the title company would have made sure there is appropriate access. City Attorney Hoeft indicated the City has a legal obligation to sell the property to Mr. Shudy at this time. Page 5 of 12 City of Centerville April 28, 2004 Council Meeting Minutes Mr. Mark Forey of 2068 West Cedar Street asked how Mr. Shudy intended to access the property. th Mr. Shudy indicated he has an easement all the way to 20 Avenue. th Mr. Forey asked how he would be getting from his property out to 20 Avenue. Mr. Shudy indicated he would be going along the easement. Mr. Forey indicated that would be coming next to Mueller Pipeline. Mr. Forey indicated that West Cedar Street is not set up to handle empty cement trucks never mind full ones. Council Member Broussard Vickers indicated that Mr. Shudy would have to obey the road requirements and the recourse is to call the police against the vehicle violating the law on the road. Mr. Forey asked why Centerville did not want to comply with the request of Lino Lakes. City Attorney Hoeft indicated the City is putting back the original zoning classification that was on the property prior to it becoming tax forfeited. Council Member Capra indicated that Lino Lakes has their property zoned industrial and there is no “light” industrial classification listed. Council Member Capra commented that there is a current business operating in Centerville with a temporary special use permit and the City is looking at giving him a permanent home because he is not in the best situation where he is now. Mayor Sweeney stated that Mr. Shudy is operating Centerville Redi-Mix within the City currently under a special use permit. 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 7:26 p.m. Motion by Council Member Lee, seconded by Council Member Paar to approve the rezoning and Comprehensive Plan amendment as requested. All in favor. Motion carried unanimously. VII. NEW BUSINESS 1. Mr. John Thill, Fete des Lacs Parade Coordinator Request for Purchase of Walkie Talkies and Letter of Resignation Page 6 of 12 City of Centerville April 28, 2004 Council Meeting Minutes Mayor Sweeney indicated that Mr. Thill has submitted his resignation and asked the City to seek volunteers to take over the parade planning. He then reviewed the request of Mr. Thill for authorization to purchase walkie talkies for use at the parade and for other City uses. Council Member Capra indicated that at the time this purchase was discussed it was not this much money and she had asked that they be left at public works for use by the City in the event of a disaster or other City event. Council Member Capra asked if there was money disaster funds or grants for purchasing this type of thing. Council Member Broussard Vickers asked if they need that many radios. Mayor Sweeney indicated he helped rent radios four years ago and he would be interested in knowing what the rental cost would be. Council Member Broussard Vickers asked if the City can contribute some funds toward the purchase as a donation to the Lions. City Attorney Hoeft recommended the City retain ownership of them and make them available for use by the public. Mr. Wilharber, as Treasurer for the Lions Club, indicated that the cost to rent 12 radios last year was $156.00. Council determined that it would be more cost effective to continue to rent the radios. Council Member Lee thanked Mr. Thill for the many years of successful parade planning. 2. Centerville Lion’s Request to Move the Storage Garage from Chauncey Barett th Gardens to 7087 – 20 Avenue and the Use of Same Mr. Tom Wilharber, on behalf of the Lions, addressed Council and asked for authorization to move the garage at Chauncey Barrett and make improvements to it including a new roof and painting. Council Member Lee asked if it would be legal to put another organizations building on City property. City Attorney Hoeft suggested that the City maintain ownership of the building and the Lions would move it and the City rent it to the Lions for a nominal fee or for the cost of the improvements to the building. Mr. Wilharber indicated the Lions would be agreeable to that. Page 7 of 12 City of Centerville April 28, 2004 Council Meeting Minutes Motion by Council Member Lee, seconded by Council Member Paar to allow the th Lions to move the shed at Chauncey Barrett Gardens to 7087 – 20 Avenue and to use it as requested. Council Member Broussard Vickers asked if the City would have an obligation to let others do this in the future. City Attorney Hoeft indicated that he did not think there would be an issue with that as the Lions expend considerable funds to move and improve the building. Council Member Broussard Vickers asked if this adds any additional insurance exposure to the City. Mayor Sweeney indicated the Lions are already using a shed on the public works site. Mr. Wilharber indicated the Lions could add a rider on their insurance policy. VOTE: All in favor. Motion carried unanimously. 3. St. Genevieve Church Mr. Tom Wilharber, as a representative of the Administrative Council and Trustee for St. Genevieve Church addressed the Council and indicated they are not opposed to the proposed trailway on church property but would like to have compensation for the property to be used in the form of a credit on the assessment to the church for street reconstruction and water. Mr. Wilharber indicated that the Church would consider a temporary easement along the east side of the property and the reason for that is because, if the Church would ever sell that property, the developer could work out an agreement with the City for continuation of that trail. He then said that the easement would be renewable each year. Mr. Wilharber indicated the Church is willing to work with Council on the property in the southwest corner to access Meadowview. Mr. Peterson indicated he had planned to have the trail in the right-of-way along LaMotte. 4. Victory Sports Channel Council discussed the matter and determined that no further action was needed beyond the Resolution approved by the Cable Commission. 5. League of Minnesota Cities Personnel Investigation Page 8 of 12 City of Centerville April 28, 2004 Council Meeting Minutes Council Member Broussard Vickers indicated that she was concerned about the potential to harm the City’s position by doing an investigation outside of what the League of Minnesota Cities Insurance Trust would do. Mayor Sweeney indicated he feels that an independent investigation would be more accurate. Council Member Broussard Vickers indicated that the League of Minnesota Cities is the designated insurance carrier and they have the City’s best interest in mind. She then said that they would conduct an investigation into any potential for a claim and she is concerned about compromising things with an independent investigation. Council Member Capra said that Mr. Hoeft’s office would be defending the City. City Attorney Hoeft indicated that the League would retain outside counsel to defend matters and then noted that they have defended matters for the League before and are on the list for doing so. He then said that it does not matter to him but he thinks there will be a difference in the product produced based on what the City has asked his office to do and what the league would do because the league would do the investigation geared toward any claims made to the City and if that is the City’s focus that is appropriate. City Attorney Hoeft indicated it is his understanding that is not, it is one aspect of the current investigation but not the fundamental one. He then said that there are other issues as far as general administrative issues and potential disciplinary action for which Council is seeking answers to that are not necessarily actionable. City Attorney Hoeft indicated that if the League decides to do an investigation it would be covered and they would do it toward potential claims litigation if that is what the City wants then the League should be contacted. Council Member Capra indicated she would prefer to have the City Attorney’s office conduct the investigation as they did a good job on another similar investigation. She then said that this has been set by motion. Council Member Paar agreed. Council Member Lee said he does not know that going through the League at this time is the way to go because the original goal was not toward sheltering the City in the event of a claim. Mayor Sweeney indicated he was not looking at it as an insurance claim. Council Member Broussard Vickers commented that this is an insurance claim and by having this independent investigation it could compromise the insurance carrier’s ability to protect the City. Page 9 of 12 City of Centerville April 28, 2004 Council Meeting Minutes City Attorney Hoeft disagreed and said that nothing his office would do could compromise the City’s position. He then said that his office has done over 100 investigations for the League. Mayor Sweeney said the City has already set the wheels in motion and he would like to get an answer and some resolution to this sooner rather than later. Council Member Broussard Vickers indicated she has an insurance background and she has a concern about it. It was the consent of Council to stick with the original plan. Mr. Brent Coatney addressed Council and asked why the City did not seek other bids to purchase the public property recently sold to Mr. Shudy. Council indicated that Mr. Shudy initiated the purchase. City Attorney Hoeft indicated that the City is under contractual obligation to sell the property to Mr. Shudy. Council Member Capra clarified that the County set the price for the tax-forfeited parcel, not the City. VIII. OLD BUSINESS 1. Predatory Offender – Community Notification Policy, Level II Council Member Capra indicated that residents are pleased that the City has taken steps to establish a policy. Motion by Council Member Lee, seconded by Council Member Capra to accept the Predatory Offender – Community Notification Policy, Level II. Ayes – 4, Nays – 1(Broussard Vickers). Motion carried. 2. Recommendations for Hiring Two (2) Public Works Maintenance Employees Motion by Council Member Capra, seconded by Council Member Lee to table this matter to the second meeting in May. Mayor Sweeney expressed concern that delaying this puts stress on the current workers as they are working shorthanded. Council Member Broussard Vickers indicated they are one discussion away from determining the new criteria and then conduct the interviews. 3. St. Paul Water Utility Page 10 of 12 City of Centerville April 28, 2004 Council Meeting Minutes Ms. Moore-Sykes indicated she had received a letter from the St. Paul Water Utility with two purchase options on the parcels for sale. Council discussed the matter and asked Staff to indicate that the City is interested in further pursuing Option B. Mayor Sweeney indicated that the City is going to need to budget for the parks because the park dedication fund is going to run out. City Attorney Hoeft suggested that the City determine which parcel is in Centerville and which parcel has lake access before purchasing the property. Council asked Ms. Paulseth to pull the financial information from parks and recreation as well as the information on the park dedication fund. Council Member Broussard Vickers commented that this parcel would have no value as a buildable lot because the pipe would need to be moved. City Attorney Hoeft indicated that, if the City were to sell the property, the price would be adjusted to account for the cost of having to remove the pipe. Council Member Paar indicated he would like clarification on the specifics of the property. Motion by Council Member Capra, seconded by Council Member Lee to direct Staff to contact the St. Paul Water Utility to indicate an interest in Option B and solicit further information on the specifics of the property. Ayes – 4, Nays – 1(Broussard Vickers). Motion carried. 4. Vikings Stadium Mayor Sweeney indicated he received information on the stadium proposal and it sounds as if it is being pushed through whether or not it is liked. He then said he would like the City to send information to elected officials indicating that the City of Centerville does not see any benefit to its residents to justify the county-wide tax for the stadium. Council discussed the matter and Council Member Broussard Vickers indicated that she does not feel this is a City position to take. Motion by Mayor Sweeney, seconded by Council Member Lee to direct Staff to send letters to the elected representatives indicating that the City of Centerville does not feel that this tax to support a stadium is in the best interest of the residents of Centerville. Ayes – 4, Nays – 1(Broussard Vickers). Motion carried. 5. Eagle Brook Church Page 11 of 12 City of Centerville April 28, 2004 Council Meeting Minutes Council Member Capra indicated she would like to discuss the possibility of providing water and sewer to Eagle Brook Church. Ms. Moore-Sykes indicated she would speak to the Staff at Lino Lakes on the matter and report back. Council recessed to executive session at 8:33 p.m. to discuss the City’s litigation with Land Holding Company. Council reconvened at 8:37 p.m. No action was taken on item of discussion during the executive session. IX. ANNOUNCEMENTS/UPDATES None. X. ADJOURNMENT Motion by Council Member Broussard Vickers, seconded by Council Member Lee to adjourn the April 28, 2004 City Council Meeting at 8:38 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 12 of 12