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HomeMy WebLinkAbout2004-07-28 CC CITY OF CENTERVILLE CITY COUNCIL WORKSESSION & MEETING JULY 28, 2004 5:30 & 6:30 p.m. RESPECTIVELY Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled worksession on July 28, 2004, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member Paar Council Member Broussard Vickers Council Member Capra ABSENT: Council Member Lee STAFF: Public Works Director Mr. Palzer City Attorney Mr. Hoeft City Engineer Mr. Peterson I. CALL TO ORDER Mayor Sweeney called the July 28, 2004, City Council work session meeting to order at 5:30 p.m. Personnel Policy Discussion was held regarding the personnel policy and Council members would submit letters of concerns to the City Administrator prior to the August 11, 2004 meeting. Police Building Discussion was held regarding the proposed/potential purchase of a police building and Council had concerns regarding special levy timeframes and legal ramifications if a default occurred by one (1) of the three (3) cities. Brief discussion ensued regarding discussion with the City of Hugo for police coverage. 2005 Budget Council discussed the 2005 City budget, the need for financial advisory assistance and options. Consensus was to approach the previous Finance Director to ascertain her willingness to assist the City in this process. The Mayor closed the work session at 6:29 p.m. The Mayor opened the regularly scheduled Council meeting at 6:30 p.m. City of Centerville July 28, 2004 Council Meeting Minutes II. SET AGENDA st Mayor Sweeney added Freedom Car Rental and payment to Lino Lakes 21 Avenue payment to the Consent Agenda. He also added Greg Nohner under Appearances along with Mr. Kieselhorst. He then added Mr. Palzer’s insurance reimbursement and a request for sod extension under new business. An Executive Session was added prior to adjournment. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to approve the agenda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1.XXX, 2004 Executive Session Meeting Minutes Minutes to be submitted for the next meeting. 2. July 14, 2004 City Council Meeting Minutes Mayor Sweeney requested the following changes: On Page 4, fifth paragraph, last sentence change far to farm. On Page 5, seventh paragraph from top remove city and insert sidewalk. On Page 6, fifth paragraph remove the second Mr. Peterson. Council Member Capra requested the following change: On Page 3, change last sentence under Betsy Scheller change the word water to sewer. Motion by Council Member Capra, seconded by Council Member Paar to approve the July 14, 2004 City Council Meeting Minutes as amended. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1.City of Centerville June 9, 2004 through June 23, 2004 Claims 2.Centennial Fire District Claims through July 19, 2004 3.Centennial Fire Quarterly Expenditures - $20,669.25 4.Centennial Lakes Police Department Claims 7/01 – 7/15/04 5.Pay Estimate #2 – Dresel Contracting (2004 Street Project) $223,530.68 nd 6.Pay Estimate #3 – Northdale Construction (Hunter’s Crossing 2 Addition, Phase I $109,111.84 7.Acceptance of the Resignation of Commissioner John McLean – Planning and Zoning 8.Acceptance of the Resignation of Committee Member Kyle McLean – EDC 9.Approval to Purchase Recognition Plaques for the Individuals Listed Above – Not to Exceed $75 for Both Page 2 of 10 City of Centerville July 28, 2004 Council Meeting Minutes 10.To Approve $53.25 for the use of a Motorized Scooter from Freedom Cars for the Parade Coordinator st 11.Partial Payment #3 and Change Order - 21 Avenue - $8,900 Motion by Council Member Capra, seconded by Council Member Broussard Vickers to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES 1. Superintendent Mr. Christianson, Centennial School District (Update) Mr. Christianson addressed Council and provided background information on Centennial School District No. 12. Council Member Paar indicated the district seems to be doing well even though it has the least operating dollars. Mr. Christianson indicated that with the state’s freezing of resources the challenge has become greater. Council Member Capra commented that many of the things accomplished have been done with previous levies. 2. Mr. Mike Thinesen, Main Street Bank (Presentation of Lighted Vests) Mr. Greg Mack of Safelights thanked the bank for the donation toward the community beacon program. Public safety officials take risk when step out of vehicles safelights through innovative engineering developed the next generation safety vest. Officers are able to self illuminate vests. Main Street Bank donated five of them at $200 each and presented them to Chief Heckman. 3. Greg Nohner, Eagle Pass Mr. Nohner addressed Council and indicated he received a letter from the City dated July 23, 2004 referencing the memo of City Engineer, Tom Peterson. He then asked about the catch basin and whether that would be at grade so it would be flat with the grass and sidewalk. Mr. Peterson indicated that it would be. Mr. Nohner thanked the City on behalf of the Association and suggested that the funds be taken from the escrow account of the developer versus coming out of the storm sewer fund. City Attorney Hoeft indicated that would not be possible. Page 3 of 10 City of Centerville July 28, 2004 Council Meeting Minutes Mr. Nohner indicated he would rather have the developer pay instead of the citizens of Centerville. He then referenced the grading plan and said it was not followed exactly and asked whether that was for Phase I or Phase II. Mr. Peterson indicated it was still part of Phase II. Mr. Noher indicated he would like to have more time for the Association to review the newly received information and to attempt to determine who made the decision to change the grading plan to leave the trees. Mr. Nohner indicated that Portage Way is part of Phase II and said that it was first said that the escrow funds were for both the single and twin homes. Mr. Nohner indicated he would like to survey residents of Phase I of Eagle Pass and Phase II to get thoughts on that area so he would like to have that remain as an open item. Council Member Broussard Vickers indicated that an option would be to remove the trees and grade the area but she would not look to replace those trees. Mr. Nohner agreed and said he understood that the City would not replace the trees if they were removed for grading. Council Member Broussard Vickers asked Staff to look into minutes for the history of how the grading and drainage plan was changed to leave the trees for the second phase of Ojibway from 2001 or 2002. Council Member Broussard Vickers asked for an idea of the costs for removing the trees and grading the area. Mr. Peterson indicated that he would provide that information. 4. Mr. Greg Kieselhorst Mr. Kieselhorst addressed Council and asked for approval of the permit for fireworks. Motion by Council Member Capra, seconded by Council Member Paar to approve the permit for the fireworks as requested. All in favor. Motion carried unanimously. Mr. Kieselhorst reminded residents to stay 350 feet back from the fireworks. Council asked Staff to put that information on the website. VI. PUBLIC HEARINGS Page 4 of 10 City of Centerville July 28, 2004 Council Meeting Minutes None. VII. NEW BUSINESS 1. Special Event, Temporary Noise Permit, Temporary 3.2 Malt Liquor Permit St. Sauver Wedding Reception at the Trio Inn Council Member Broussard Vickers indicated that she would like the City to be named as an additional insured on the insurance certificate. She then said that she is concerned with the noise permit because the City gets numerous complaints whenever there are special events. Mr. Joe Bibeau offered to drop off fliers to everyone within a two-block area and let them know what is going on. Council Member Broussard Vickers asked them to turn the band. Mr. Bibeau offered to change the orientation of the band to face the speakers toward the Trio. Mr. Bibeau indicated that they would like the liquor license from 4:00 to 10:00 p.m. Council Member Capra asked if this sets a precedent. City Attorney Hoeft indicated that it would not. He then asked why Council wished to be named as an additional insured for this license. Council Member Broussard Vickers indicated that it does not cost additional and she prefers the added protection for the City. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to approve the Special Event, Temporary Noise Permit, Temporary 3.2 Malt Liquor Permit for the St. Sauver Wedding Reception at the Trio Inn as requested. All in favor. Motion carried unanimously. 2. Ideas to Improve Council/Staff Communication/Relations Council Member Capra indicated she had asked Ms. Moore-Sykes to look into bringing in someone for teambuilding and communications and asked for information for Council to discuss. Mayor Sweeney indicated that he does not want to spend a lot of money on this until Staffing is complete. Council Member Broussard Vickers indicated that she would like to hold off until the City is fully staffed. Page 5 of 10 City of Centerville July 28, 2004 Council Meeting Minutes Council Member Capra indicated that she would like to have someone look into utilizing the services of Anoka County that are less costly. Council Member Broussard Vickers indicated she did not see the need to spend time or money on this when there are open positions. 3. Hiring Procedures Motion by Council Member Broussard Vickers, seconded by Council Member Paar to table this to the next meeting. All in favor. Motion carried unanimously. 4. Dresel Contracting Letter Mr. Palzer indicated that Dresel Contracting should be moved out by the picnic date. Motion by Council Member Capra, seconded by Council Member Paar to approve the use of the City’s Park and Ride for the St. Genevieve Picnic parking August 15, 2004. All in favor. Motion carried unanimously. 5. Project Closeout Form Motion by Council Member Broussard Vickers, seconded by Council Member Paar to table this to the next meeting. All in favor. Motion carried unanimously. Mr. Palzer indicated it would help to identify the public and private improvements separately. Mayor Sweeney recommended a checklist for the whole project. 6. Insurance Reimbursement for Mr. Palzer Council Member Capra asked who provided the information given to Council at the meeting. She then asked the last date Mr. Palzer received the reimbursement. Mr. Palzer said 2002. City Attorney Hoeft indicated he did not know who generated the memo but it indicates that the last insurance was Jan 8, 2002 which means starting with January 2003 he was not reimbursed. City Attorney Hoeft indicated that Council has received information from their office regarding the options that Council has and the one question that was answered by the previous finance director and confirmed by Lepak is the treatment of the money as far as taxable income. He then confirmed that the reimbursement, if approved by Council, would be treated as taxable income. Page 6 of 10 City of Centerville July 28, 2004 Council Meeting Minutes Mayor Sweeney commented that when the City changed the plan is when the payments stopped. He then said that with the new plan Mr. Palzer got more money than he was getting with the old plan. Council Member Broussard Vickers indicated she would like to verify that this date is when the City started the new plan and she needs to know that the date coincides with the new plan. Council Member Capra indicated she thought that Council approved it in June of 2002 but it did not go into effect until January of 2003. Mayor Sweeney commented that when Council made that decision that would have negated this contract. Council Member Broussard Vickers indicated that Council had said that it all had to come into compliance because the prior way it was being done was out of compliance. She then said that the way it would have been done if it was nontaxable would have been another noncompliant situation. She further commented that it was her interpretation that whatever was going on was done and needed to be brought into compliance. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to table. All in favor. Motion carried unanimously. Council Member Capra asked Mr. Hoeft to ask Mr. Lepak if these dollars were included in part of the one report that Council had. 5. Sod Request Mayor Sweeney indicated that Todd and Heidi Harvey of 1751 Partridge Place have requested an extension of time to install sod. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve the requested extension for sod placement date by 60 days as requested due to hardship and the recommendation of public works. All in favor. Motion carried unanimously. Council asked Mr. Palzer to follow up to make sure the new date is met. VIII. OLD BUSINESS 1. Ms. Betsy Scheller, 7389 Old Mill Road (Tabled) It has been determined that the proper governing authority to grant the waiver is Anoka County. Page 7 of 10 City of Centerville July 28, 2004 Council Meeting Minutes 2. Personnel Policy Discussed at work session. 3.Purchase Agreement, 1601 LaMotte Drive City Attorney Hoeft reviewed the purchase agreement for 1601 LaMotte Drive with Council and indicated that there are several items within the agreement that concerned him. He then said that there are significant deed restrictions including the requirement that the property be used for a public purpose which would be difficult, or impossible, to remove should Council wish to do so. City Attorney Hoeft indicated that the document allows for an easement right around the lake. He then said that he would look into whether that is necessary as he thought they were selling those easements back to adjacent property owners. City Attorney Hoeft indicated there is another easement over the public raw water conduit that is 30 feet wide centered on the raw water conduit. He then noted that it states there is a pipe from a well and that will be cut off and left abandoned. Mr. Palzer explained that there must be a pump to run water. Council Member Capra asked whether the City would be able to use part of the property for rainwater runoff for LaMotte. City Attorney Hoeft indicated he would clear up all these easement issues and, if they want to keep them, that is fine but then the price needs to reflect that and how that affects the City’s use of the property. City Attorney Hoeft indicated that the document requires that the City undertake annexation proceedings for the portion of the lot that is in Lino Lakes and that is not necessary and will not happen. City Attorney Hoeft indicated that the document has date discrepancies for purchasing the property and closing deadlines that he will work out. City Attorney Hoeft indicated that throughout the document it indicates that the City would pay the attorney’s fees if the seller has to enforce any of its rights but in Section 19.09 it states that the seller and buyer are to pay their own attorney’s fees. He then said that can stay as it does not negatively impact the City. City Attorney Hoeft cautioned the City that, if all the easements are required the City may not be able to have a dock or gazebo as was the plan for the property. City Attorney Hoeft indicated that he was told that this is a working draft of the document and he expects to work with the seller on changes to the document. Page 8 of 10 City of Centerville July 28, 2004 Council Meeting Minutes Council asked Staff to work on the document and discuss the issues IX. ANNOUNCEMENTS/UPDATES 1. 2004 Street Project Mr. Peterson provided an update on the 2004 street project and said the projects are going well. He then said that another crew was brought into Shad Avenue to attempt to bring them back on schedule. He further indicated that the developer will not allow the City onto Ground Development property so an alternate route is necessary. The Council discussed the matter with the City Engineer and City Attorney and the City Engineer recommended an alternate route that would cost approximately $10,000 more. Mr. Peterson recommended delaying the assessment to them until water is run down that street. Council Member Broussard Vickers indicated that she wants residents informed that they will be assessed for storm sewer and water. Council Member Capra asked whether the residents would have due process if they are not noticed now. City Attorney Hoeft indicated that they would still have the opportunity to comment at the public hearing when water is proposed. Council Member Broussard Vickers asked if the pond has the capacity to handle the extra flow. Mr. Peterson indicated it would be dredged this winter and should have the capacity and the water currently flows to that location. Motion by Council Member Capra, seconded by Council Member Paar to approve the alternative change order as recommended by the City Engineer. Council Member Paar indicated that he wanted it to note precisely that these residents are to be assessed for storm sewer not now but they will be assessed to the eastern half of Center Street when water is run down that street. Council Member Broussard Vickers indicated that the residents would be assessed the $10,000 cost for running the pipe rather than the $35,000 split amongst the benefiting homeowners. VOTE: All in favor. Motion carried unanimously. Council Member Capra asked when the sod would be going down. Page 9 of 10 City of Centerville July 28, 2004 Council Meeting Minutes Mr. Peterson indicated they would try to complete as much this fall as possible and the remainder would be completed in the spring. 2. 1540 Peltier Lake Drive City Attorney Hoeft indicated that a little progress is being made. 3. 1832 Hayfield Road Mr. Palzer reported that the grass has been mowed and Staff will continue to follow up. Council asked for clarification on the time allowed to comply. City Attorney Hoeft explained that there was some confusion as to which timeframe to follow because there were two types of violations so the Clerk used her discretion and allowed 30 days to comply. There was Council consensus that ordinances should be followed for timeframes. 4. Emergency Response Council Member Capra indicated that she and Mr. Palzer attended an emergency response meeting and the County will be coming to the City to explain what they are looking for. Council Member Capra indicated the Cable Commission approved its budget and is seeking approval from the cities. Motion by Council Member Capra, seconded by Council Member Broussard Vickers to approve the budget based on the recommendation of the Cable Commission and the Operations Committee. All in favor. Motion carried unanimously. Council Member Capra indicated that Chief Bennett will be coming to Council to discuss his proposal to raise the fire budget by 4% Council Member Capra asked Mr. Palzer and Mr. Peterson to look into the issues with the intersection at Peltier Lake and Centerville Road. Council Member Capra asked Staff for an update on the Appletree Square Trail. City Attorney Hoeft indicated that the City has positioned itself to be in line for money in the Center Villa matter and should come up as a creditor if any money becomes available. 5. Eagle Pass Page 10 of 10 City of Centerville July 28, 2004 Council Meeting Minutes This item was discussed earlier in the meeting. 6. Mr. Dave Kilian, 1695 Sorel Street This item was not discussed. Council recessed to executive session to discuss the complaint by the City Administrator of a hostile work environment at 8:40 p.m. 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 11 of 10