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HomeMy WebLinkAbout2004-07-14 CC CITY OF CENTERVILLE CITY COUNCIL MEETING JULY 14, 2004 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on July 12, 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 July 12, 2004, City Council meeting to order at 6:35 p.m. II. SET AGENDA Mayor Sweeney added the successful performance review and step increase of the Finance Director retroactive to the date of hire and the successful performance review and step increase for the Utility Clerk to the consent agenda. He then added an update from the July 1, 2004 executive session under updates and noted there would be an executive session prior to adjournment. Council Member Paar requested, on behalf of the EDC, that $75 be added to the consent agenda to allow members of the committee to attend a seminar on rebuilding downtown. He also requested that John Fischbach be appointed to the EDC and that $675.00 from the budget for EDC be approved to be used for preprinted 4 x 6 cards to be used for mailings for various EDC activities. All of these items were added to the Consent Agenda. Council Member Capra requested that Eagle Pass Townhome Association be added under Appearances. Ms. Moore-Sykes requested that Representative Vandeveer be added under appearances when he arrives at the meeting. City of Centerville July 14, 2004 Council Meeting Minutes Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve the agenda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1.June 23, 2004 City Council Meeting Minutes Mayor Sweeney requested the following changes: On Page 1 add “be removed” from the agenda. On Page 8 of 9 change who to how. Council Member Lee indicated that his comment about no pending commercial business was in error as the Shudy development is pending. He then apologized for the oversight. Motion by Council Member Paar, seconded by Council Member Broussard Vickers to approve the June 23, 2004 City Council Meeting Minutes as amended. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1.The City of Centerville June 23, 2004 through July 14, 2004 Claims for Approval 2.Centennial Fire District Claims – July 2, 2004 Claims 3.Successful Completion of Probationary Period – Building Inspector (J. McPherson) 4.Acceptance of Resignation Letter – Finance Director, Ms. Ellen Paulseth 5.Parks and Recreation Committee Request to Expend up to $400 to Purchase Paint and Supplies for the Laurie LaMotte Warming House 6.Parks and Recreation Committee Request to Receive Bids for Replacing Soffits and Fascia at Laurie LaMotte Warming House 7.Parks and Recreation Committee Request Charitable Gambling Funds from Spring Lake Park Lions and Dead Broke Saddle Club in the Amount of $1,500 each for the Purchase of Additional Skate Park Equipment for the Wheels Park 8.Successful Performance Review of Finance Director and Step Increase Retroactive to Date of Hire 9.Successful Performance Review of Utility Clerk and Step Increase 10.Approve $75.00 for EDC Members to Attend Seminar 11.Appoint John Fischbach to EDC 12.Approve $675 from EDC Budget for preprinted postcards Mayor Sweeney requested that Item 9 be removed for separate vote. Motion by Council Member Capra, seconded by Council Member Paar to approve the Consent Agenda Items 1 – 8, and 10 – 12 as presented. All in favor. Motion carried unanimously. Page 2 of 13 City of Centerville July 14, 2004 Council Meeting Minutes Motion by Council Member Capra, seconded by Council Member Broussard Vickers to approve Item 9, successful performance review and step increase for the Utility Clerk. Ayes – 4, Nays – 0, Abstain – 1 (Sweeney). Motion carried. V. AWARDS/PRESENTATIONS/APPEARANCES 1. Mr. John Derus and Mr. Jeff Helpern (Racino Group) Mr. Derus and Mr. Helpern addressed the Council and provided information on their proposed harness racing track and poker gaming facility. They then invited anyone with concerns to contact them with questions. The harness racing track is proposed to employ over 300 people and pay millions of dollars in taxes as well as provide residual benefit to existing businesses in the area. Ken Carpenter indicated that he has invested his money with this group on another facility and trusts them and believes they will build a beautiful facility at this location as well. 2. Mr. Mark Larson Dead Broke Saddle Club License Renewal Resolution #04-033 Ms. Paulseth indicated the matter of the 10% has been resolved. Motion by Council Member Capra, seconded by Council Member Broussard Vickers to approve Resolution #04-033 as presented. All in favor. Motion carried unanimously. 3. Ms. Betsy Scheller, 7389 Old Mill Road Ms. Scheller addressed Council and explained that her septic system was inspected as part of her plan to sell her home and was determined to be “failing” as it does not meet the current regulations for a three-foot soil separation. She then asked Council to consider a waiver until such time as City sewer is available to them provided the only failure is with the soil separation and the system is functioning properly. Council discussed the matter and asked Staff to look into the matter further to determine what format the waiver would need to be in and what, if any, repercussions there could be for granting the waiver. 4. Greg Nohner – Eagle Pass Townhome Association Council Member Capra indicated she had added this to the agenda as she questions whether the grading was appropriately completed at the site and, if not, if the City can force the developer to correct it. Mr. Peterson indicated that he has looked at the area and it appears from the grading plan that the drainage is appropriate although it is a little to the west of the designated Page 3 of 13 City of Centerville July 14, 2004 Council Meeting Minutes location. He then said that he does not think that moving the swale to the west would provide enough benefit to justify doing so. Mr. Greg Nohner indicated that he has a memo written by Mr. Peterson to Mr. Quigley asking that the drainage flowing over the sidewalk be corrected. Mr. Peterson explained that the water was designed to flow over the sidewalk in that location. City Attorney Hoeft indicated that the first question to answer is whether the drainage was built as designed and the City Engineer has indicated that it meets the requirements of the plan. He then said that the fact that the City and the homeowners feel the drainage is unacceptable flowing over the sidewalk does not matter if the developer has constructed the drainage as previously approved by the City. He further commented that, if the drainage is unacceptable to the City and/or the Homeowner’s Association, the City or the Homeowners could change it at their expense. Council Member Lee asked whether the drainage swale is where it was designed to be. Mr. Peterson explained that there is some drainage out by Portage and Dupre but the majority of the water was designed to flow over the sidewalk. Mr. Peterson said that because the area is so flat with no contours it fills with water and the only way out is the two outlets, one to the southwest and the other over the sidewalk. He then said he had thought from looking at it that the finger that sticks out may be able to take some of the water and relieve some of the water that flows by but, after looking at it, that would require putting in a pipe and taking out trees so that is not the best idea. He further explained that residents wanted the trees to remain as a buffer so the pine trees from the old pine tree farm were left. Mr. Peterson noted there was a huge storm and only place for the water to go is out the swale and it ran over the sidewalk for a week but now it is dry. Mr. Nohner said he thought there was a commitment from the Council to hold the developer accountable for not doing things correctly. He then said that he would like a catch basin installed and a pipe to run the water under the sidewalk. He also indicated he would like to revisit the idea of running drain tile to the SW to alleviate some of the water flow to the sidewalk. Council Member Capra questioned the drainage design and why this potential problem was not identified. Mr. Peterson explained that every unit has a swale that is designed to have water flow over the sidewalk but, in this location, the volume causes the issue of continual flow for several days following a storm. Page 4 of 13 City of Centerville July 14, 2004 Council Meeting Minutes Council Member Broussard Vickers asked Staff to confirm whether or not it is flowing as it was designed to flow. Mr. Nohner pointed out the memo from Mr. Peterson stating that the flow over the sidewalk was not acceptable. Mr. Peterson commented that Mr. Nohner was misconstruing the information contained in the memo. City Attorney Hoeft indicated that any representation in the letter would not be legally binding upon the City or the developer. He then said that there is confusion as to what exactly was being referred to in the memo and what needs to be determined is whether the system is performing as it was designed to perform. Mr. Nohner said he has an issue with the way the City is using his tax dollars. Ms. Marilyn Newman asked who has the liability if someone were to fall on the ice that will form on the sidewalk where the water flows over it. City Attorney Hoeft indicated that the adjacent property owner would be responsible for maintaining the sidewalk and the property owner would be liable. Ms. Newman commented that the City designed and allowed to be built a drainage system that creates a hazard and she has the liability for the hazard. She then left the meeting. Mr. Nohner asked Council to determine whether the drainage is as it was planned to be and, if it is not, exercise its right under the developer’s agreement to have it corrected at the expense of the developer. Council Member Capra indicated there was another property owner that was concerned about the mud and water and lack of silt fencing causing the hazard on the sidewalk and there was a meeting with Swift Homes and they said that the ditch would be cut in and the trees would be gone and the swale would be deeper. She then said that if it was not done as it was supposed to be done she would like it corrected. She further commented she would like to look into how much the drain would cost and work something out with the developer. Mr. Peterson indicated that he and Mr. Palzer discussed a drain or drain tile out to the current drain tile in the street to run the water to the catch basin and that would be relatively inexpensive to collect the majority of the water before it goes across the sidewalk. He then said that there would still be some water going across the sidewalk. Council Member Broussard Vickers commented that this could be a hazard and, the City cannot solve all drainage problems within the City but resolving this potential hazard should not set a precedent if the City agrees to pay for the fix. Page 5 of 13 City of Centerville July 14, 2004 Council Meeting Minutes Mr. Peterson estimated that the drain tile and small catch basin would cost approximately $1,000. Council Member Broussard Vickers asked Staff to design the plans and get the proper authority for the work to be done. City Attorney Hoeft indicated that he would work with the City Engineer to obtain an easement for the catch basin area. Council Member Lee asked whether it is common to design for water to flow over sidewalks. Mr. Peterson explained that most swales are in backyards and go into a catch basin and they usually do not usually make it out to the street. Mr. Nohner said that if a drainage plan was approved that created a hazard perhaps it should be revisited. Mr. Peterson said there probably should have been a catch basin but Eagle Pass First Addition was done in 1997 so all the storm sewer was already there as well as the first units. He then said that the only thing new has been Portage being dug in and this grading plan was provided almost 10 years ago. Council Member Broussard Vickers said she would like to revisit the plan and if it is okay then the proposal to do the drain and at the same time look at the original for the other piece to see what has happened to prevent flow to the southwest to see if the letter to Gorham may still be valid. Mr. Nohner commented that the twin homes have the same drainage issues 5. Representative Vandeveer Representative Vandeveer provided a legislative update to Council and an overview of changes to municipal government and how they affect the City. One of those changes was to nonconforming uses and the change to allow them to be rebuilt. Ken Carpenter addressed Council and Representative Vandeveer and said that he feels he was treated unfairly by the City when his property was rezoned and his home made nonconforming because it negatively affected his ability to refinance. Representative Vandeveer indicated that the change should alleviate difficulty with financing nonconforming structures. VI. PUBLIC HEARINGS Page 6 of 13 City of Centerville July 14, 2004 Council Meeting Minutes th 1. Mr. Dennis Shudy, 2085 – 20 Avenue South (Site Plan Review) Mayor Sweeney opened the public hearing at 8:15 p.m. Mr. Shudy addressed Council and provided an overview of his proposed facility noting he needed to amend the plan to include the garbage enclosure. Council Member Capra indicated she had questions about access to the property and the slurry ponds. Mr. Shudy indicated they are water collection ponds made of poured concrete walls and floor. Council Member Capra asked how high the aggregate storage areas would be and how they would be screened. Mr. Shudy indicated his aggregate storage piles would be 8 feet high. Council Member Capra asked what the requirements for outside storage are in Ordinance #4. Mr. Mark Forey of 2068 West Cedar Street asked where the entrance would be and whether trees would be taken down. Mr. Forey asked whether it would be possible to more the driveway to the north so there would not be concrete truck traffic on West Cedar Street. Mr. Forey asked if Mr. Shudy could come in at a different location to avoid concrete truck traffic on West Cedar Street. Mr. Shudy indicated the section line leaves Cedar Street approximately right where Mueller stops landscaping or caring for the ditch. Ms. Forey asked who would be responsible for maintenance of the road as there is confusion as to whether it is Lino Lakes or Centerville. She then said she is concerned that the heavy truck traffic will cause ruts and who will take care of them. Mr. Shudy indicated that he has to stay within 7 ton and 5 ton requirements. City Attorney Hoeft advised that the City is looking at whether the site plan meets the requirements not who is going to provide maintenance for the road. Mr. Peterson asked for clarification on the drainage noting all the drainage from the lot and building goes to the north out into the ponds for recovery. Page 7 of 13 City of Centerville July 14, 2004 Council Meeting Minutes Mr. Shudy explained that he runs a reclaimer and uses a lot of water so he wanted to get as much volume for collection as possible. Council Member Capra indicated she wanted screening from the aggregate pile. Council Member Broussard Vickers indicated that if trees are removed then she would like to put trees up but feels the screening is adequate if the trees are staying. Council asked Staff to confirm the requirements of Ordinance #4. Council Member Lee commented that Mr. Shudy been in operation for five years and there have not been issues with his operation. Mayor Sweeney indicated that the City has a noise ordinance and the business would need to meet those requirements. Ms. Sandy Magnuson of 2048 West Cedar Street indicated she has a concern with how many trucks will travel the road and she has an issue with the dust and diesel fuels that will accompany them. She then said that she does not want to breathe diesel fuel in her home. She further indicated that she sleeps during the day and works nights so she is concerned about the noise. Mr. Shudy indicated that on a normal day they run 12 trips. Mr. Forey asked how Council intended to address the road issue. City Attorney Hoeft indicated that both cities would have to agree through a joint powers agreement before the street was to be rebuilt. Ms. Magnuson asked why the City does not put a road into the industrial park. Mr. Forey indicated they were told there would be no access to that property from West Cedar Street by Mr. Nado when they bought the property. City Attorney Hoeft indicated the City does not have the authority to stop someone from accessing their property. Motion by Council Member Broussard Vickers, seconded by Council Member Lee to close the public hearing. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 8:36 p.m. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve the Site Plan for Mr. Dennis Shudy pending final approval and comments of the City Engineer and review of Ordinance #4. All in favor. Motion carried unanimously. Page 8 of 13 City of Centerville July 14, 2004 Council Meeting Minutes VII. NEW BUSINESS 1. Resolution #04-034 – CSAH 14, I-35W to I-35E Study Motion by Council Member Capra, seconded by Council Member Broussard Vickers to approve Resolution #04-034 as presented. All in favor. Motion carried unanimously. 2. Seal Coating Mr. Peterson reviewed the seal coating information with Council and asked for consideration of Resolution #04-037. Motion by Council Member Capra, seconded by Council Member Paar to approve Resolution #04-037 as presented. All in favor. Motion carried unanimously. 3. Recruitment Strategy for Finance Director Position Council discussed how to handle the hiring for the finance director position and agreed to use the process that was used for hiring Ms. Paulseth. 4. Interim Financial Management Strategy Ms. Paulseth thanked Council for the opportunity to work for the City of Centerville. She then indicated that the auditors have agreed to a once a month review of the banking and Mr. Eilertson has expressed interest in having Northland Securities manage the investments for the City until a new Finance Director is hired. 5. Resolution #04-036 Erkenbrack Property (Amend Resolution #96-33) City Attorney Hoeft indicated it looks like the County needed a better legal description for the part of Mill Road that was vacated. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve Resolution #04-036 as presented. All in favor. Motion carried unanimously. 6. Purchase of Refrigerator – Administrative Offices Motion by Council Member Capra, seconded by Council Member Paar to approve the purchase of a refrigerator not to exceed $400. Page 9 of 13 City of Centerville July 14, 2004 Council Meeting Minutes Mayor Sweeney suggested that Staff look into purchasing the refrigerator at an appliance store rather than Sam’s Club because they usually include delivery and disposal of the old refrigerator. VOTE: All in favor. Motion carried unanimously. 7. Credit Card Use – Utilities, Permits, and Assessments Ms. Paulseth asked whether Council would like her to establish the ability to utilize credit cards for payments at City Hall before her departure. Council discussed the matter and determined that it would not be cost effective to do so at this time. 8. Preliminary Budget Report (2005) Ms. Paulseth indicated she had provided the preliminary budget report as a first step toward the budgeting process and noted that Council would need to carefully consider the proposed capital outlay and prioritize the items. She then said that the Council budgeted $139,000 for capital items and there are proposals for $250,000. The main item is a proposed expansion to the public works facility in the amount of $110,000. Ms. Paulseth indicated that the budget she provided anticipated a 3% levy increase. She then said that she anticipated a reduction in the tax rate even with a 3% levy increase. 9. Bank Signatory – Resolution #04-035 Motion by Council Member Lee, seconded by Council Member Paar to approve Resolution #04-035 as presented. All in favor. Motion carried unanimously. 10. Request for Program Participation and Support - Minnesota Water Staff presented the request for financial contribution to Council for consideration. Council discussed the matter and there was consensus not to contribute funds, as there is no direct benefit to the taxpayers. 11. Condition of Trail – Apple Tree Square & Uptown Center Council asked Staff to provide an estimate for the repair work that needs to be done to the trail and contact Mr. Drilling to ask him to fix the trail or provide a financial escrow to the City to allow the work to be done after the reconstruction of CSAH 14. Council Member Broussard Vickers indicated she would prefer that the funds be escrowed. Page 10 of 13 City of Centerville July 14, 2004 Council Meeting Minutes Council asked Staff to look into and provide a report on the developer’s agreement for this matter. 12. Asphalt Skate Park Pad – Laurie LaMotte Memorial Park Council Member Lee indicated that he is concerned that cost for the repair of the asphalt skate park pad will be lumped into the rest of the project. He then asked Staff how the City can be sure that the cost is not just passed on by the contractor. Ms. Moore-Sykes indicated that any change orders would need to be approved by the City. 13. Mr. John Thill - Fete des Lacs Parade Parking/Route, Request for Public Works Assistance and Excess 2003 Fete des Lacs Parade Fund Use in 2004 ($575.26) Motion by Council Member Capra, seconded by Council Member Lee to approve the use of $575.26 remaining funds from 2003. All in favor. Motion carried unanimously. Council Member Paar asked whether there would be insurance on the parade. Council directed Public Works staff to assist with the Festival as requested by the Lions. Mr. Thill indicated the Lions have never pulled insurance on the parade because it has always been rain or shine. Council Member Lee asked if anyone has stepped forward to help with the parade next year. Mr. Thill indicated there have been no volunteers. Council Member Paar asked whether everything else is insured. The Lions indicated that the street dance is insured from noon to 10:00 p.m. for half an inch of rain or more. Council recessed at 8:48 p.m. Council reconvened at 8:53 p.m. rd 14. 73 Street Survey Results Mr. Peterson explained that more work needs to be done than was originally anticipated. He then recommended that the City hold off on this street and add it as a full reconstruction during the next street project. rd There was Council consensus not to do 73 Street this year. Page 11 of 13 City of Centerville July 14, 2004 Council Meeting Minutes 15. Center Mart – Tobacco License July 27 – December 31, 2004 Council Member Broussard Vickers told Council that Ms. Bender was at City Hall beyond 6:00 p.m. and she was at City Hall to sign at 5:30 p.m. in order to accommodate the business owner and allow him to have his tobacco license when he opened on Saturday morning. Motion by Council Member Lee, seconded by Council Member Paar to grant a tobacco sales license through December 31, 2004 for Center Mart. All in favor. Motion carried unanimously. VIII. OLD BUSINESS 1. Personnel Policy City Attorney Hoeft indicated he had received a draft from Mr. Lepak and will review it for presentation to Council. He then said that upon initial review there is some concern about the amount of PTO the City allows to be accrued. Council indicated that there is a limitation going into effect after this year. IX. ANNOUNCEMENTS/UPDATES Council Member Capra reported that the Cable Committee is looking at its budget for 2005 and noted there will be an increase in salaries as it was determined that they were out of compliance with government regulations. Ms. Moore-Sykes clarified that the employees were not getting the cost of living increase just the step increases. Council Member Paar provided an EDC update indicating that work has begun on the Frozen Fete des Lacs. Council Member Paar asked whether anything was happening with the drainage issues on Ojibway. Mr. Peterson indicated that he checked it today and there were some fence posts removed but seven remain. He then said he would contact the developer about it. Council Member Lee reported that the Police Committee moved forward toward potentially getting a new police station in the KCI building for the short term. Council Member Broussard Vickers noted Council would need to look into the financials for that option. Page 12 of 13 City of Centerville July 14, 2004 Council Meeting Minutes Council Member Broussard Vickers reported that the Planning and Zoning Commission continues to work on Ordinance #4 revisions. She then noted there was one new member appointed and there remains two open seats. Report on Executive Session Mayor Sweeney read a report from the Executive Session on July 1, 2004 and it is as follows: The City Council evaluated the performance of the City Administrator. The Council noted the difficult nature of the position and the City Administrator’s positive attributes as well as areas in which the City Administrator must improve her performance. In order to provide a positive setting in which to improve, the Council has established a plan to assist the City Administrator on raising and communicating issues to the Council and staff, focusing on follow through, and directing her to develop a comprehensive and fair hiring process for City positions. The City Council evaluated the performance of the City Public Works Director. The Council noted the difficult nature of the position and the City Public Works Director’s positive attributes as well as areas in which the Public Works Director must improve his performance. In order to provide a positive setting in which to improve, the Council has established a plan to assist the Public Works Director on raising and communicating issues to the Council and the City Administrator, focusing on supervisory duties and responsibilities, and obtaining approval from the State to perform building inspections and related duties on State regulated facilities. Council recessed at 9:50 p.m. to an Executive Session. X. ADJOURNMENT Motion by Council Member XX, seconded by Council Member XX to adjourn the July 14, 2004 City Council Meeting at XX:XX p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 13 of 13