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HomeMy WebLinkAbout2004-06-09 CC CITY OF CENTERVILLE CITY COUNCIL MEETING JUNE 9, 2004 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on June 9, 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 June 9, 2004, City Council meeting to order at 6:30 p.m. II. SET AGENDA Council Member Capra requested that social security number release be added under New Business and the paving of LaMotte Park be added under Announcements and Updates. 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.May 26, 2004 City Council Meeting Minutes Ms. Moore-Sykes pointed out that the times for recess and reconvening of the executive session were not added and Staff will insert them. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve the May 26, 2004 City Council Meeting Minutes as amended. All in favor. Motion carried unanimously. Centerville City Council June 9, 2004 Meeting Minutes IV. CONSENT AGENDA 1.The City of Centerville May 27, 2004 through June 9, 2004 Claims for Approval 2.Centennial Fire District Claims – June 4, 2004 Claims 3.Planning and Zoning Commission’s Recommendation for Appointment of Mr. Jeff Hanzal Motion by Council Member Broussard Vickers, seconded by Council Member Lee to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES 1. Mr. Greg Nohner – President (Association of Single Townhomes of Eagle Pass Cottages) Mr. Greg Nohner appeared before Council and asked that Council not release the escrow because they have a lot of issues with the developer. He then thanked Mr. Peterson for his letter of June 3, 2004 to Mr. Quigley concerning the drainage issues. Mr. Nohner indicated the Association would be pursuing legal action against the developer for issues with Phase I. Mr. Nohner indicated that 7035 Dupre is part of Eagle Pass II and there is a major drainage issue with water running over the sidewalk. He then informed Council that only one small issue has been resolved by the developer and they would like the escrow held. Mr. Nohner indicated the Association is paying to fix the drainage issues behind his home and some of the others and will be looking to get compensation from the developer. Mr. Jim Van Houdt indicated that there is four inches of water standing in the evergreen trees that are 15 to 20 years old. He then said that there was a note from Mr. Peterson in the file indicating that the developer was to make sure that there was positive drainage along the south line of Lot 1 and the north line of Parkview Addition to make sure water does not get trapped in that area. He further commented that the water is trapped and standing in that area. Mr. Peterson indicated that was his comment when reviewing the plat to make sure that it drained. He then said that some trees were saved along the line so it is not possible to grade near the trees but there still should have been positive drainage in the area. Mr. Van Houdt asked that any escrow that is being held continue to be held to ensure that these things are taken care of. Council Member Capra asked what items on the list were things that the City could take responsibility for and bill to the developer. Page 2 of 13 Centerville City Council June 9, 2004 Meeting Minutes Ms. Paulseth indicated that the City is not holding escrow or a letter of credit it is a cash security for private improvements and the developer’s agreement is specific on what that covers. City Attorney Hoeft indicated that it would cover most of these issues and agreed to work with Staff on it. Council Member Capra indicated her biggest concern is that there were issues with drainage before the sod was installed and then the sod was installed and there are still drainage issues. Mr. Peterson indicated the drainage around the townhomes works fine. He then said that there was to be some water to go over the sidewalk but most is to go the other way. Council Member Broussard Vickers commented that the developer has been asked to fix it and he has not done so and she would like the City to do it and charge him. Mr. Nohner asked that the Associations be contacted before anything is returned. Council Member Capra asked Staff to look into the issue with the pine trees. City Attorney Hoeft recommended that the City Engineer come back with estimates for the work and agreed to do a notice to the developer of intent to use the cash deposit in the amount for the work. Council Member Broussard Vickers asked if they receive a date to comply. City Attorney Hoeft indicated that he would put a time frame in the notice and distribute that to Council for comments so Members are comfortable with the procedure. City Attorney Hoeft indicated it would not be ready for the next meeting but the following meeting. Mr. Bob Hosfield of 6983 Portage Way thanked Council for the action and then pointed out there is not a pond behind them but there is ponding going on. He then said that originally everything drained to the south end of Portage Way but at the present time that area is dry and they have not seen the dirt under the top of the water since last fall and he feels that it is causing structural issues with his townhome that he intends to address with the developer. VI. PUBLIC HEARINGS 1.Mr. Clay Alcock 1806 Main Street (Mill Road Extension Vacation) Mayor Sweeney reopened the public hearing at 7:37 p.m. Page 3 of 13 Centerville City Council June 9, 2004 Meeting Minutes Mr. Larry Perron, 1798 Main Street, told Council he feels that the vacation is only to the benefit of Mr. Alcock and would be a detriment to him because he could not get into his garage because it faces east. Mr. Perron said that he has heard that the City has things on the books that were not a 50/50 split. He then said that he and Mr. Alcock have attempted to come to an agreement on the land split but cannot do so. Mr. Perron commented that the widening of Main Street will take out his pine trees and his driveway and he would have to back in from Main Street. He then said that he is against the street vacation. City Attorney Hoeft explained that the City is not considering the vacation of this street for the benefit of any property owner but only whether this is something that the City needs for the public benefit or public use. He then said that Staff has confirmed that there are no utilities in the easement area and the City has no plans for extending the road. City Attorney Hoeft indicated he had reviewed the letter from Mr. Perron’s attorney and it addresses concerns of the property owner but those do not rise to the level of actionable items against the City. City Attorney Hoeft commented that if the vacation eliminated someone’s access to their property there would be an issue but that is not the case here as the property owners are going to gain 33 feet of additional property. Mr. Perron indicated that he came to the City in the late 70’s and asked about the road and what was going to happen at that time and was told that the City never gives anything back to them and he was told the property next to them was unbuildable. He then said that the reason the garage was built the way it was is because of the 66 feet of access. He further suggested that the value of his home would suffer if this vacation were approved. City Attorney Hoeft clarified that he disagrees with Mr. Perron’s opinion on valuation because Mr. Perron would be receiving free property from the vacation of this road making valuation a non-issue in this case. Council Member Broussard Vickers asked what happens with the driveway and whether Mr. Alcock would be required to remove the small piece of pavement that is over the 33 foot mark. City Attorney Hoeft indicated he would make no representations about property issues between adjoining property owners. Mr. Steve Thorson from Barna Guzy, the attorney representing Mr. Alcock addressed Council and asked that Council consider that Mr. Perron has another driveway further to the west and what he does is comes in on that driveway travels the driveway that runs Page 4 of 13 Centerville City Council June 9, 2004 Meeting Minutes parallel to Main Street and hooks into the shared driveway to be able to back his 14 foot boat and suburban into the garage. He then said that there have been some recent plantings in the Main Street right of way. Mr. Thorson commented that there are really only two questions that come up with public right of way and the first one is, does the public need it for anything at all in the foreseeable future. And, the second is would the City be taking away someone’s right of access. He then said that the City would not be taking away access as both properties have frontage on Main Street and the City has no intention of extending Mill Road. Council Member Paar asked if this has become a neighbor dispute. Mr. Alcock agreed that it has and he is tired of it after 9 years because Mr. Perron treats the entire area as if it is his. City Attorney Hoeft clarified that Mr. Thorson is with the same law firm as he is and there was a question of conflict and that leads into the main point of this proceeding. The question of whether or not to vacate the easement is completely at the discretion of Council based on a finding that it is in the best interest of the public to vacate that section of Mill Road. He further clarified that the decision is solely the Council’s based on public interest and there is no conflict of interest. City Attorney Hoeft commented that the inconvenience alleged, the disputes and the rhetoric are irrelevant. City Attorney Hoeft indicated that if the City Council decides to vacate this portion the property is divided by operation of law and the City does nothing with splitting the property up. Those issues are between the property owners and the City Council needs only to be concerned with whether or not this is being done in the best interest of the public. Council Member Paar indicated that he does not see a public use for that area. Mr. Perron indicated it is his opinion that it is being used for the public right now because there are two households that use it to allow one access onto Main Street rather than two. He then said there is no burden to the City but this takes away something that has been in use for his property for 50 years himself for 25 years. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to close the public hearing. All in favor. Motion carried unanimously. Council Member Capra asked if city has any nonconforming issues with the driveway. City Attorney Hoeft indicated the driveway would be a private property owners’ issue. Page 5 of 13 Centerville City Council June 9, 2004 Meeting Minutes Motion by Council Member Capra, seconded by Council Member Broussard Vickers to approve Resolution #04-017 as presented. All in favor. Motion carried unanimously. VII. NEW BUSINESS 1. Ethics Policy Ms. Paulseth presented the Ethics Policy to Council for consideration indicating that each year in January elected officials and appointed officials would need to complete the form to disclose any dealings they may have with the City. Council Member Broussard Vickers expressed concern with the wording on Council needing to approve outside employment for Council Members. City Attorney Hoeft explained that the first sentence that references that language applies to incompatible offices such as someone employed as Police Chief running for Council and secondly the employment is for an employed public official not an elected public official. He then said that he has reviewed the policy and has no issues with it other than a couple of minor grammatical corrections which he provided to Staff. Council Member Capra asked whether she would have a conflict with any church business. City Attorney Hoeft indicated that Council Member Capra sits as an individual member on a committee and has no authority on her own so would not have a pecuniary interest. He then said that the Mayor and other Lion members may wish to disclose that fact but the Lions are a non-profit organization and do not represent a conflict. He further stated that there are very few true conflicts of interest but many people abstain to avoid the appearance of a conflict. Motion by Council Member Capra, seconded by Council Member Lee to approve the Ethics Policy as Presented. All in favor. Motion carried unanimously. 2. Annual Investment Report Ms. Paulseth provided an overview for Council of the City’s investments and the status of them. She also recommended that the City consider adding Northland Financial to the allowed investment list because there are some investments the City could benefit from. Council asked that Staff bring a Resolution for consideration. 3. Social Security Number Issue Council Member Capra commented that social security numbers were accidentally released in the Council packets. Page 6 of 13 Centerville City Council June 9, 2004 Meeting Minutes City Attorney Hoeft told Council it was appropriate to acknowledge the mistake and address it but then said that it would be inappropriate to compound the matter in any way by providing information on those whose numbers were released or that would in any way further identify them. Ms. Moore-Sykes indicated that she and the City Clerk have changed the procedure and Council will get only a check-list and not the full application. Council Member Broussard Vickers indicated that this person would be sending an email and she asked Staff to respond in writing. VIII. OLD BUSINESS 1. Chauncey Barett Gardens Phase II – Request to Waive Fees for Building Permit – Resolution #04-025 Motion by Council Member Capra, seconded by Council Member Lee to approve Resolution #04-025 as presented. Council briefly discussed the project and City Attorney Hoeft indicated that the City has ultimately guaranteed the funding for the project with its general fund should the building not be profitable. Council Member Capra indicated that SAC and WAC fees would need to be paid the only fees being waived are those that are strictly City fees. VOTE: All in favor. Motion carried unanimously. 2. Potentially Dangerous Dog – 1971 South Robin Lane Chief Heckman addressed Council and provided an overview of the incident involving the dog at 1971 Robin Lane. He then said that, upon reviewing the report and circumstances involved with the nipping of the young girl at the pond in the public park he made the recommendation that the dog be declared potentially dangerous. Mr. Christopherson of 1971 South Robin Lane addressed Council and suggested that the neighborhood kids torment his dog and let it out of the yard on a regular basis and that is why he nipped the girl at the park. Council Member Capra indicated she talked to one of the neighbors with regard to the dog and they felt that the dog is taunted but it is the responsibility of the pet owner to contact the police if the dog is being tormented by children who have come onto the property without permission of the owner. Page 7 of 13 Centerville City Council June 9, 2004 Meeting Minutes Council Member Broussard Vickers indicated the report states that the child was at the park by the pond and the dog bit her. She then said that it is the responsibility of the pet owner to secure the area so that the neighbor kids cannot let the dog out. Mr. Christopherson indicated he was not told that the dog bit anyone and the CSO said he was an okay dog but was at large and was put back in the yard. CSO Noren indicated that when he spoke with Mr. Christopherson the day of the incident he did not mention that the neighborhood kids had been tormenting the dog or letting him out. He then said that he advised Mr. Christopherson that the dog had nipped someone and left a red mark on her arm. CSO Noren indicated that he never told Mr. Christopherson that he had a nice dog and did not put him back in the yard. The dog was in the yard when he arrived but he did have his catch pole out as he was not aware that the dog had been contained. Council Member Capra asked whether a dog that has bitten and broken the skin is to be treated differently from one that has only caused a red mark. Chief Heckman indicated that the statute states that any dog with a propensity to frighten or displays aggressive behavior and does not differentiate from biting and not biting. Council Member Paar asked whether the fact that someone else let the dog out other than the property owner comes into play. City Attorney Hoeft indicated that would be a separate issue. Mayor Sweeney indicated that he would like the City to treat these types of instances with consistency as has been done in the two recent cases. Mr. Christopherson commented that there is no one that saw the girl get bit and asked where the proof is. City Attorney Hoeft commented that, if Council is inclined to agree with the Chief’s recommendation or indication of potentially dangerous dog there are some findings to base that on. The first is that Council has the report and there was no evidence in the report or provided by the property owner that the victim of the bite was tormenting the animal despite the fact that the property owner has disputed some of the aspects in the report the City has the testimony of the CSO indicating that what is in the report is accurate. He further commented that the property owner’s credibility is at issue because the comments concerning the dog being tormented have only come up after the incident and were not raised right away when the officer was investigating the incident. City Attorney Hoeft indicated that the information provided to Council is enough to make the finding that the dog does qualify as a potentially dangerous dog and then set the conditions the owner must comply with. Page 8 of 13 Centerville City Council June 9, 2004 Meeting Minutes Motion by Council Member Lee, seconded by Council Member Broussard Vickers to uphold Chief Heckman’s recommendation and determination declaring the dog at 1971 South Robin Lane a potentially dangerous dog. Council Member Paar indicated that he agrees that these situations need to be treated consistently despite the fact that the circumstances are slightly different because the dog did bite someone while it was at large. Council Member Capra thanked Mr. Christopherson for taking the initiative of getting the dog up to date on shots and having him micro chipped. Mr. Christopherson said that the kids torment the dog and he could see why this may have happened. VOTE: All in favor. Motion carried unanimously. Council Member Broussard Vickers indicated that she wants to make it impossible for a child to let the dog out and asked that Staff provide information on the kennel requirements. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to require that the dog be micro chipped, that the dog owner construct a kennel that meets the City’s Ordinance requirements, that the dog be muzzled when out of the enclosure, and that the dog be walked by someone over the age of 16. The muzzle type is a gentle leader muzzle. Council Member Broussard Vickers indicated that she wants to avoid having something else happen and Council being placed in the position of having to order the dog destroyed. Council asked Staff to provide the Ordinance to Mr. Christopherson and assist him with complying. VOTE: All in favor. Motion carried unanimously. 3. Tobacco License – Center Mart Ms. Moore-Sykes reported that the City has not received worker’s compensation information. 4. Purchase Agreement – St. Paul Water Utility Vacant Lot Council Member Lee indicated that the Parks and Recreation Committee is pleased that Council authorized the purchase of the property but feels it is fair to ask that some of the Page 9 of 13 Centerville City Council June 9, 2004 Meeting Minutes money for the purchase come out of the general fund or storm water fund since a portion of the property would be used for a water garden for drainage. Council briefly discussed the matter and agreed to take it under advisement. 5. Gassen Companies – Letter to Mr. Mike Quigley & Swift Construction/Sharper Homes This item was handled under Mr. Nohner’s appearance earlier in the meeting. 6. Personnel Policy Ms. Paulseth presented the Personnel Policy to Council for consideration and asked for approval to send it to the City Attorney for review. Council Member Capra indicated she had some questions concerning travel reimbursement and the language in that section. Ms. Paulseth indicated that the language included is the federal fair labor standards minimum but Council is free to amend it to be more liberal. Council directed Staff to have the Personnel Policy reviewed by the City Attorney. 7. Parks and Recreation Park Dedication Fees (Commercial/Industrial Development) Council asked for Mr. Palzer’s input on this matter. 8. Recommendation for Hiring Two (2) Full Time Public Works Maintenance Workers Council Member Capra asked for a recommendation from public works. Ms. Moore-Sykes indicated that public works did not give a recommendation. Motion by Council Member Broussard Vickers, seconded by Council Member Lee to hire R. Lavell and A. Anderson based on the interview results as provided. Council Member Capra indicated she felt that Council should have gotten more documentation on a recommendation. Council Member Lee commented that he and Council Member Broussard Vickers scored these candidates as well as Mr. Palzer and Ms. Moore-Sykes and this is appropriate. VOTE: All in favor. Motion carried unanimously. Page 10 of 13 Centerville City Council June 9, 2004 Meeting Minutes IX. ANNOUNCEMENTS/UPDATES 1. Receipt of Certified Letter from Mr. and Mrs. Michael Johnson 7046 Brian Drive Council Member Capra asked if someone responded to the Johnsons in writing. Mr. Peterson indicated he has responded to them verbally but not in writing. Council Member Broussard Vickers commented that they are challenging an assessment that does not exist at this time and they are frustrated because the City is not paying attention and she would like Ms. Moore-Sykes to write a letter that says the letters were received and they will have the opportunity to address Council at the time of the assessment hearing. She then said that she takes exception to the letter’s statement that she did not allow them to speak the comment was addressed to all in attendance indicating that Council would be unable to address the specifics at that time. Council agreed and asked Ms. Moore-Sykes to send the letter. City Attorney Hoeft commented that the underlying concern is that they do not want to pay and that is not an issue before this body at this time. Council Member Capra questioned whether the City is taking 100 or 150 feet as suggested. Mr. Peterson indicated that the City is only using the easement and is not taking any property. Council Member Lee asked whether the gas company has informed residents of what is being done. Mr. Peterson indicated that when streets are redone the gas company looks into whether its lines need replacing at the same time but they should be only doing work within the right of way. 2. Mr. and Mrs. Joel Swenson (701 Brian Court) This item was informational only. 3. Paving of LaMotte Park Council told Mr. Peterson that they do not want island curb areas in the parking lot at the park. Ms. Moore-Sykes reported that the third rider to the agreement with the St. Paul Water Utility and the correction from 8 feet to 10 feet has been made. Page 11 of 13 Centerville City Council June 9, 2004 Meeting Minutes Ms. Moore-Sykes informed Council that she and Ms. Paulseth were invited and attended a meeting of the newly formed Downtown Business Association to discuss TIF and different funding options for downtown revitalization. st Mr. Peterson indicated that the hydrant on 21Avenue would be raised on Friday. He thrd then said that 20 Avenue between 73 and Brian Drive was scheduled for repair but, after walking with the contractor, inspector and Mr. Palzer, it was determined that the road is in worse shape than originally thought. Mr. Peterson indicated that the City budgeted $50,000 to patch it and add drain tiling but it would cost $80,000 to totally reconstruct it leaving the curbs in and putting down a standard gravel base. City Attorney Hoeft indicated the assessment is fine as long as it is not being increased over what was estimated. Mr. Peterson indicated the difference would need to come out of City funds. Council Member Broussard Vickers asked whether it could be done if everyone on the street agrees in writing. City Attorney Hoeft indicated that it could be. Council Member Broussard Vickers indicated that the City is already supporting the project with a lot of public funds and she would not be in favor of using public funds to benefit one street more than others involved with the project. Mayor Sweeney commented that it would be benefiting the City in the long run because the street would not have to be reconstructed again in a few short years. Council Member Broussard Vickers commented that they would not be paying their fair share for a reconstruction doing it this way. Council Member Capra suggested that the project may come in under budget and then they could be assessed. Council Member Capra asked whether the City could pull this street and do it another year. Council Member Broussard Vickers indicated that she would like to present the options to the property owners to see if they agree because in a few years they would be faced with a complete reconstruction. Page 12 of 13 Centerville City Council June 9, 2004 Meeting Minutes Council asked Staff to notify residents by certified mail that the assessment would go up to reconstruct or else the City would move forward as planned and that street may need to be redone in a few years. Council Member Paar indicated that the EDC was pleased with the business appreciation dinner and plans have begun for the next one with discussions on having it on a weekend in the hopes of increasing attendance. He then said that the EDC is looking into a cash gift certificate and will work out the details with Staff and the bank. Council Member Paar indicated that EDC members have been asked to volunteer for the Summer Fete des Lacs. Council Member Capra noted Council needed to set an executive session for next Wednesday. City Attorney Hoeft asked that the Clerk be informed to allow her time to provide proper notice. X. ADJOURNMENT Motion by Council Member Broussard Vickers, seconded by Council Member Capra to adjourn the June 9, 2004 City Council Meeting at 9:00 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 13 of 13