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HomeMy WebLinkAbout2004-09-08 CC CITY OF CENTERVILLE CITY COUNCIL MEETING SEPTEMBER 8, 2004 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on September 8, 2004, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member Paar Council Member Capra Council Member Broussard Vickers ABSENT: Council Member Lee STAFF: City Administrator Ms. Moore-Sykes City Attorney Mr. Hoeft City Engineer Mr. Peterson I. CALL TO ORDER Mayor Sweeney called the September 8, 2004, City Council meeting to order at 6:30 p.m. II. SET AGENDA Council Member Capra requested that Center Street road issues be added under updates along with Eagle Pass and Police Commission. Ms. Moore-Sykes noted that Council needed to set the levy at this meeting and asked that it be added to the Agenda. Motion by Council Member Capra, seconded by Council Member Paar to approve the agenda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1.August 25, 2004 Council Meeting Minutes Council Member Capra asked that the adjournment time be added. Motion by Council Member Capra, seconded by Council Member Paar to approve the August 25, 2004 City Council Meeting Minutes as presented. All in favor. Council Member Broussard Vickers abstained. Motion carried. IV. CONSENT AGENDA City of Centerville September 8, 2004 Council Meeting Minutes 1.City of Centerville August 26 through September 8, 2004 Claims 2.Centennial Fire District Claims through September 3, 2004 3.Dresel Contracting, 2004 Utility & Street Improvement, Pay Estimate #4 $500,333.24 4.Larson Excavating, Buechler Estates Final Pay Estimate $19,794.61 5.Allied Blacktop, 2004 Seal Coat $74,036.22 6.Parks and Recreation Recommendation for Centennial Hockey Association Use of Hockey Rink for Upcoming Season Motion by Council Member Paar, seconded by Council Member Capra to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES 1. Mr. Kevin Ryan – Candidate for County Commissioner Mr. Ryan addressed Council and answered questions and asked that anyone with any questions feel free to contact him. 2. Mr. Lloyd Drilling, Apple Tree Square Trail Mr. Drilling appeared before Council and indicated that he has no intention of doing anything with that trail especially since the County is coming through with widening the road and it has not been determined which side they are taking. Council Member Capra indicated that Mr. Drilling had been asked to escrow funds for the trail at a Council Meeting and agreed to do so. Mr. Drilling indicated that there is no developer’s agreement that would require him to do anything with the trail. Council Member Capra indicated there is no developer’s agreement but said that Mr. Drilling had agreed to escrow funds for the repair of the trail at a Council Meeting. Mr. Drilling asked that the City provide those minutes so that he could review them as he does not remember what he agreed to do. Council asked Staff to provide the minutes to Mr. Drilling. VI. PUBLIC HEARINGS 1. Shonagh Boyle/Richard S. Carlson – Lot Split/Lot Combination 2.Robert Koran/Richard S. Carlson – Lot Split/Lot Combination 3.Kruger & Boyle Parcels/Richard S. Carlson – MUSA/Comprehensive Plan Amendment/Advancement Mayor Sweeney opened the public hearings at 6:47 p.m. Page 2 of 10 City of Centerville September 8, 2004 Council Meeting Minutes Mr. Carlson addressed Council and explained his lot split/combination request for the Boyle property. Council Liaison Broussard Vickers indicated that the parcels would need to be rezoned as a part of this process. Mr. Carlson explained his request on the Koran property to Council indicating that the jog in the property line is due to a permanent easement to the County for the road. Mr. Carlson explained his MUSA request to Council indicating that he would like the parcels to be added to his existing Phase II and allowed into MUSA for 2001 to 2005. He then explained that he has no intention of building out the properties right away but needs the MUSA approval in order to begin the design and other requirements at this time. Council Member Capra asked that the rezoning of Mr. Evans property be added to the Comprehensive Plan amendment when that is done. City Attorney Hoeft indicated that Staff would need to determine whether the Comprehensive Plan lists these properties as R2. If it does an amendment may not be necessary and the City will do a petition for rezoning and amend the zoning map. Motion by Council Member Capra, seconded by Council Member Paar to close the public hearings. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearings at 7:06 p.m. Motion by Council Member Capra, seconded by Council Member Paar to approve the lot split request for PIN R26-31-22-22-0004 6709 and lot split combination for R26-31-22-22-0011 as requested. All in favor. Motion carried unanimously. Motion by Council Member Capra, seconded by Council Member Paar to approve the lot split request for PIN R26-31-22-22-0011 and lot combination for R26-31-22- 22-0003 as requested. All in favor. Motion carried unanimously. Motion by Council Member Capra, seconded by Council Member Paar to approve amending the Comprehensive Plan, if necessary, for R26-32-22-22-0004, the rear of the parcel, and R26-31-22-22-0009, the rear of the parcel and the lot combinations of R26-31-22-22-0011 for MUSA 2001 to 2005 subject to Carlson paying the fees for the Comprehensive Plan Amendment. All in favor. Motion carried unanimously. 4. Mr. Cheldon Frank, 1597 Peltier Lake Drive – Variances to Build on Nonconforming Lot Mayor Sweeney opened the public hearing at 7:10 p.m. Council Member Capra asked for Rice Creek and DNR positions on this proposal. Page 3 of 10 City of Centerville September 8, 2004 Council Meeting Minutes Mr. Frank indicated that there are no restrictions provided he remains 75 feet from the lake. Mayor Sweeney asked if this house would be in line with other homes on the street. Council Member Broussard Vickers explained the process and discussion that occurred at the Planning Commission meeting noting that Mr. Palzer has indicated that there is a way to change the square footage of the footprint to meet the front yard setback and meet the minimum finished square footage of 1600. She then pointed out that there was one Commissioner who was concerned with allowing this front yard setback variance when they heard a potential request earlier during the same meeting and that one may not be approved. Mayor Sweeney asked if the home could be moved any closer to the lake. Council Member Broussard Vickers indicated that the home shows a patio door potentially leading to a deck and there is no room to add the deck without encroaching into the 75 foot setback from the lake. Mr. Frank read from the ordinance that indicates that a home can be located closer if the surrounding homes are closer. Council Member Broussard Vickers indicated that Rice Creek Watershed District governs the distance from the lake and they are more restrictive than the City requiring 75 feet. Council Member Capra indicated that she would feel more comfortable with the request if it were the original property owner requesting it. Mr. Frank commented that making the previous owner the only one that could build on the property would be a hardship for him. City Attorney Hoeft indicated that because this is a previously platted lot he does not see any issue with the lot size variance and lot width. He then said that the water issues will be handled per the ordinance and that means that you cannot allow water from your site to flow onto neighboring properties. He further commented that he questions whether it would be appropriate to grant the front yard setback because it is possible for the applicant to meet the minimum square footage requirements without the variance. Council Member Broussard Vickers indicated that the home could be 24.5 feet wide and the two-story would be 1,720 square feet. Mr. Frank told Council that he does not think that what he is asking for is out of line and he would like the City to consider approval of his front yard variance as he has spent $3,000 on plans for this home. City Attorney Hoeft indicated there is no basis for the variance if the property owner can meet the minimum requirements and meet the 35 foot setback. Page 4 of 10 City of Centerville September 8, 2004 Council Meeting Minutes Mayor Sweeney noted that the City is considering changing the side yard setbacks and, if the home were stretched so it was longer than it was wide the property owner could get the square footage that he desires and meet the front yard setback. He then noted that it would involve amending the plans. City Attorney Hoeft indicated that the City could grant a side yard setback variance at whatever it is the City is going to set as the standard to allow the home to be stretched and have more square footage. Mr. Frank indicated that he would like the City to consider tabling this request so that he could go to Rice Creek and ask whether they would allow him to move the home closer to the lake. Motion by Council Member Capra, seconded by Council Member Paar to continue the public hearing on this matter to the next meeting. All in favor. Motion carried unanimously. 5. Ordinance #23, Council and Mayor Salaries, Ordinance #72 Site Maintenance Fees Mayor Sweeney opened the public hearing at 7:35 p.m. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to close the public hearing. All in favor. Motion carried unanimously. Motion by Council Member Paar, seconded by Council Member Capra to approve Ordinance #23 and Ordinance #52 as presented. Ayes – 3, Nays – 1(Broussard Vickers). Motion carried. 6. Mr. Dennis Shudy/Rehbein Properties Lot Split/Lot Combination 7.Mr. Dennis Shudy/Ms. Colleen Carpenter Lot Split Mayor Sweeney opened the public hearings at 7:36 p.m. Mr. Shudy addressed the Council and explained that he had requested this lot split/lot combination to allow him to push his site back on the property and leave a line of trees in front as a buffer. Motion by Council Member Capra, seconded by Council Member Paar to close the public hearing on the Rehbein lot split/combination. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 7:38 p.m. Motion by Council Member Capra, seconded by Council Member Paar to approve the lot split/lot combination for PIN # R24-31-22-33-0005 to be combined with R24- 31-22-33-0002 as requested. All in favor. Motion carried unanimously. Page 5 of 10 City of Centerville September 8, 2004 Council Meeting Minutes City Attorney Hoeft indicated that he could not recommend approval of the requested lot split for the Carpenter property because it creates a nonconforming lot and there is no proposal to combine it with an existing piece of property. Mr. Shudy indicated that there should be a proposal in the near future. City Attorney Hoeft indicated that he understands that this is a situation that the City would like to have cleared up but this is not the way to do it. Motion by Council Member Capra, seconded by Council Member Paar to continue the public hearing on the Carpenter lot split. All in favor. Motion carried unanimously. th 8. Mr. Ray Olson, 6805 – 20 Avenue South Special Use Permit Mayor Sweeney opened the public hearing at 7:44 p.m. Mr. Ray Olson addressed Council and explained his request for a special use permit noting that he started the operation with 24 trailers, is down to 16, and intends to be down to 12 by January 1, 2005. City Attorney Hoeft indicated that the property can be treated as industrial as that is and has been the use and the Comprehensive Plan issues can be handled separately. He then asked whether Planning and Zoning discussed and made a recommendation as to the performance standards to be required under the special use permit. Council Member Broussard Vickers commented that Mr. Rehbein was to have hooked up to sanitary sewer and has not done that. She then asked whether that could be a requirement under the special use permit. City Attorney Hoeft indicated that would be handled as a separate matter. Council discussed the matter and agreed that the use is and has been there and should be allowed to continue under a special use permit. Motion by Council Member Capra, seconded by Council Member Paar to close the public hearing. All in favor. Motion carried unanimously. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to grant a special use permit to allow the existing use to continue without any additional requirements until June 1, 2005. All in favor. Motion carried unanimously. Mr. Koran asked Council whether his property would be rezoned and how that would happen. Council informed him that the City would initiate a petition for rezoning all the properties in that area to bring them into conformity with the Ordinance. Page 6 of 10 City of Centerville September 8, 2004 Council Meeting Minutes Mr. Koran asked how, where and when it would be possible to bring sewer to his property. Council indicated that it is not known at this time as it is dependent upon development in the area. It was recommended that Mr. Koran discuss the matter with Mr. Carlson to determine whether it is possible to bring sewer to the Koran property from the second Phase of Hunter’s Crossing. VII. NEW BUSINESS 1. Mr. Don Martin, 6923 Tourville Circle Appeal Complaint/Abatement Mr. Martin was not present at the meeting. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to continue enforcement proceedings for ordinance violations at 6923 Tourville Circle. All in favor. Motion carried unanimously. 2. Comprehensive Plan vs. Zoning Map Discussion Council Member Capra indicated that she feels that the City needs to clarify the zoning in the mixed use district downtown because the value is different if it is mixed use versus residential and the County can come closer with the road to mixed use than it can with residential property. Staff was asked to research zoning with the County and place this matter on the next meeting agenda. 3. Agreement for Residential Recycling Program (Anoka County/City of Centerville) This item was tabled for further information. 4. Parks and Recreation Recommendation for Trail West of Centerville Road to Anoka County Regional Park – Alignment with Reconstruction of CSAH 14 Ms. Stephan explained her memo and the recommendation from the Parks Committee. Motion by Council Member Broussard Vickers, seconded by Council Member Paar in support of the recommendation from the Parks Committee with regard to the trail as outlined by Staff. All in favor. Motion carried unanimously. Council asked Staff to notify Mr. Eoloff from Anoka County Parks that Council has supported the recommendation by motion. VIII. OLD BUSINESS 1.Team Building Facilitator Page 7 of 10 City of Centerville September 8, 2004 Council Meeting Minutes Council discussed the matter and agreed to schedule the team building for an upcoming Saturday session. Council agreed that this will be mandatory for Staff and that they will be paid. 2. Recommendation for Hiring Public Works Maintenance Employee Ms. Moore-Sykes indicated that this matter is on the agenda because she was asked to bring this up in six months for discussion as to whether a second employee is necessary. Mayor Sweeney asked for information from public works as to how things are going. Ms. Moore-Sykes indicated that she is told daily by Mr. Palzer that things are fine. Council agreed not to hire an additional employee at this time. 3. Finance Director Candidates Ms. Moore-Sykes indicated that she and Council Members Lee and Capra spent a day interviewing finance director candidates and have made a recommendation for the two top candidates. Council discussed the matter and agreed to make the offer to the top recommended candidate based on the recommendation of the interviewing panel. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to offer the Finance Director position to John Meyers at the requested $60,000. All in favor. Motion carried unanimously. 4. Levy Certification Mayor Sweeney provided Council with an update on the proceedings of the Police Commission and advised Council that the City needs to consider, prior to approving the preliminary levy, the potential of funding a new facility or remodeling an existing building for the new police headquarters. Mayor Sweeney informed Council that there has been a lot of officer turn over and turmoil within the department because the three cities have not done anything about the issues with the building and he feels it is time to take care of the problem or the department risks losing its experienced officers. He then informed Council that Chief Heckman has tendered his resignation effective the end of the year but he will be done on October 15, 2004. Mayor Sweeney informed Council that Centerville getting quotes from Lino Lakes and the County for police services was a source of turmoil for the department. He then said that Council had no intention of causing disruption and only wanted to see what, if anything, the City of Centerville could do on its own if the three cities continue to disagree. Page 8 of 10 City of Centerville September 8, 2004 Council Meeting Minutes Council Member Broussard Vickers suggested amending the Resolution to $2,000,000 to allow room in the budget for the potential costs associated with the police building. She then said that the number can be reduced prior to the end of the year. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve Resolution #04-043 approving the tax levy and setting the truth- in-taxation hearing date as amended. All in favor. Motion carried unanimously. Council Member Capra indicated that the other cities did approve the recommended budget. IX. ANNOUNCEMENTS/UPDATES 1. Dutch Elm Disease, 7052 Dupre Road Update Council Member Capra indicated she received a call from a concerned resident with an elm tree. She then said she looked into the matter and the disease is spread by beetles that can travel up to two miles. Ms. Moore-Sykes indicated there are not funds available for Dutch Elm Disease due to the expenses with oak wilt. She then said that the only effective way is to remove the tree and dispose of it properly. 2. Center Street Issues Council Member Capra indicated the driveways were not replaced as they were. Mr. Peterson explained that driveways are typically replaced straight to the street without flares. Council discussed the matter and agreed they should be replaced as they were. Council Member Capra indicated that the resident at 1753 has issues with the driveway as it dips where it is connected. Council Member Capra indicated she had a complaint about invisible fencing that was dug up and the resident wanted to know if that would be replaced. She then explained that it was in the City’s right-of-way and will not be replaced. Council Member Capra indicated that there is a drainage issue between 1753 and the next house to the west. Mr. Peterson agreed to look into the issues raised by Council Member Capra. Mayor Sweeney asked Staff to provide an update on dredging and culverts at the next meeting. Page 9 of 10 City of Centerville September 8, 2004 Council Meeting Minutes Council Member Capra indicated there would be a meeting at the Portage Way cul-de-sac on Thursday, September 9, 2004 at 11:00 a.m. and asked Ms. Moore-Sykes to see if Mr. Palzer would be available to attend. Council Member Paar asked for an update on Ojibway. Mr. Peterson indicated they are working on it today and tomorrow. Council Member Broussard Vickers indicated that the Planning Commission has two vacant seats and will soon have a third because Ms. Lakso has filed for Council. Council Member Capra indicated that the new cable building has been completed and they are moving in. Mayor Sweeney noted that only two people filed for Mayor and only two people filed for Council seats in a town of 3,000 plus people. X.ADJOURNMENT Motion by Council Member Broussard Vickers, seconded by Council Member Capra to adjourn the September 8, 2004 City Council Meeting at 9:16 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 10 of 10