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HomeMy WebLinkAbout2004-10-13 CC CITY OF CENTERVILLE CITY COUNCIL MEETING OCTOBER 13, 2004 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on October 11, 2004, at City Hall, 1880 Main Street. PRESENT: Mayor Terry Sweeney Council Member Paar Council Member Capra Council Member Broussard Vickers Council Member Lee ABSENT: None. STAFF: City Administrator Ms. Moore-Sykes City Attorney Mr. Hoeft City Engineer Mr. Peterson I. CALL TO ORDER Mayor Sweeney called the October 13, 2004, City Council meeting to order at 6:45 p.m. II. SET AGENDA Council added Resolution #04-048, Ms. Peil, Drew Johnson, pay compensation study, Dresel pay estimate, business directory, water tower, SWMP, Eagle Pass pond, and the Jim Lynn meeting to the agenda. City Attorney Hoeft requested an Executive Session be added prior to adjournment to discuss litigation with Ground Development. Motion by Council Member Broussard Vickers, seconded by Council Member Lee to approve the agenda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1.September 22, 2004 Council Meeting Minutes Change Council Member Lee from present to absent. Page 1 of 10 City of Centerville Council Meeting Minutes October 13, 2004 Motion by Council Member Paar, seconded by Council Member Capra to approve the September 22, 2004 Council Meeting Minutes as amended. Ayes – 4, Nays – 0, Abstain –1(Lee). Motion carried. IV. CONSENT AGENDA 1.City of Centerville September 22 through October 13, 2004 Claims 2.Centennial Fire District - October 5, 2004 Claims 3.Centennial Fire District – Quarterly Budget Claim 4.Embedded Systems, Inc.- Contract Renewal for Sirens 5.Resolution #04-048, a Resolution Approving the Burgstahler Lot Split Council Member Broussard Vickers requested that an insurance certificate be obtained from Embedded Systems, Inc. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES 1. Chief Joel D. Heckman – Proclamation Day - Retirement Mayor Sweeney read resolution 04-047 a Resolution of Proclamation recognizing Chief Joel Heckman and setting October 15, 2004 as a day to honor his accomplishments. Mayor Sweeney indicated there would be a reception in honor of Chief Heckman on October 15, 2004 at 2:00 p.m. 2. Mr. Greg Kieselhorst, Centerville Lions Use of 1694 Sorel Street – Haunted House Mr. Kieselhorst appeared before Council and asked for approval to use the former public works facility for the haunted house again this year. Council Member Capra asked that the fire inspector do an inspection prior to opening. Motion by Council Member Lee, seconded by Council Member Paar to approve the Lions use of 1694 Sorel Street, the old public works site, for the haunted house as requested. Ayes – 4, Nays – 0, Abstain –1(Sweeney). Motion carried. 3. Mr. Paul Burke – Downtown Revitalization & Cougar Cash Mr. Burke appeared before Council and explained Cougar Cash. Cougar Cash is a check that is issued by the City for use at Centerville area businesses as a way to promote the Page 2 of 10 City of Centerville Council Meeting Minutes October 13, 2004 businesses in town. City Staff would be responsible for accepting cash or checks for the purchase of these checks and issuing them to residents. Council Member Broussard Vickers how the bad debt would be handled should the checks issued to the City for the purchase of the checks bounce. Mr. Burke suggested that the Chamber of Commerce handle any bad debt issues. Council Member Capra indicated she is concerned with how much time this would take for Staff to administrate. Mr. Burke asked Council to authorize that plans be drawn up for a TIF district in the downtown area. Council discussed the matter and informed Mr. Burke that it costs money for a study and the City is not interested in paying for a study at this time and would not be willing to work on a plan until the plans for CSAH 14 have been finalized. The Council indicated that, if Mr. Burke and the other downtown business owners would like to contract and pay for a study to be presented to the City, they are welcome to do so. 4. Sedona Homes/Jackson Commercial Developer’s Agreement – Centerville Town Office Park, Phase I (Lots 1 through 10) Mr. Keleher appeared before Council and asked how soon the $200,000 letter of credit could be reduced. City Attorney Hoeft indicated that the developer is free to ask at any time after there is substantial completion of the project. He then said that the work must be inspected and approved by the City and Council must authorize any reduction. Council Member Capra asked whether the recently approved commercial park dedication fees would apply to this development. Council asked Staff to determine when preliminary plat approval was given on this project and when the commercial park dedication fees were approved. Mr. Keleher indicated that he needed final plat approval before he can get a grading permit because, he cannot get a grading permit without approval from Rice Creek and, he cannot get approval from Rice Creek unless his plat has been recorded. City Attorney Hoeft indicated that this item was not on the agenda for final plat approval and said that he would need to review the final plat to make sure that all required provisions have been met before he could recommend approval. Council asked Staff to place the final plat on the October 27, 2004 agenda. 5. Ms. Peil Request for Paint for Warming House Ms. Peil appeared before Council and indicated that it has been very difficult painting the warming house and said she needs 15 more cans of paint and authorization to purchase a new Wagner sprayer as the existing one is not working properly and is very old. Page 3 of 10 City of Centerville Council Meeting Minutes October 13, 2004 City Attorney Hoeft indicated that this type of request is well within the statutorily allowed expenditures that could be authorized by the City Administrator without Council approval. Motion by Council Member Capra, seconded by Council Member Lee to authorize the expenditure of up to $300.00 for paint and to direct Mr. Palzer to purchase a sprayer. All in favor. Motion carried unanimously. 6. Drew Johnson – Cub Scout Eagle Scout Project Drew Johnson from Troop 232 appeared before Council and explained that he is working on an Eagle Scout project and would like to build and install 30 wood duck houses within Centerville at a number of ponds. He then explained his intent to ask residents living around the ponds to adopt the houses and agree to do the once per year cleaning out and adding of fresh woodchips. Motion by Council Member Capra, seconded by Council Member Lee to authorize up to $700.00 for the construction and installation of wood duck houses for the Eagle Scout project. All in favor. Motion carried unanimously. Council asked Drew to work with City Staff on the placement of the houses. Council noted that the City had agreed to fund half of the project from Parks and Recreation funds and that Drew would need to solicit funding for the remaining houses from another source. Drew Johnson asked for a letter from the City indicating that Council has approved the request. Ms. Moore-Sykes agreed to provide him with a letter. VI. PUBLIC HEARINGS 1. Lot Combination Request – Mr. Dennis Shudy/Ms. Colleen Carpenter/Mr.Gerald Rehbein 2. Lot Split Request – Mr. Dennis Shudy/Ms. Colleen Carpenter Mayor Sweeney opened the public hearings at 7:41 p.m. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to close the public hearing. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 7:44 p.m. Motion by Council Member Capra, seconded by Council Member Paar to approve the lot split request of Mr. Shudy/Ms. Carpenter for PIN #R23-31-22-44-0002 as requested. All in favor. Motion carried unanimously. Page 4 of 10 City of Centerville Council Meeting Minutes October 13, 2004 Motion by Council Member Lee, seconded by Council Member Broussard Vickers to approve the lot combination request as presented to combine the newly created lot to R24-31-22-32-0002. All in favor. Motion carried unanimously. 3Rezone Request 6716 – Centerville Road – Mr. Richmond Evans 4. Rezone the Following Properties Along Centerville Road & 7389 Old Mill Road – Craig Bode *6709 Centerville Road – Boyle *6759 Centerville Road – Koran *6831 Centerville Road – Carlson *6882 Centerville Road – Schwartz/Emly *6892 Centerville Road – Vanderbeek *6925 Centerville Road – Woiak *6937/6939 Centerville Road – Greenwaldt *6945 Centerville Road – Henrich *6953 Centerville Road – Barett *6961 Centerville Road – Anderson *6977 Centerville Road – Rieder *6849 Centerville Road - Wilharber Mayor Sweeney opened the public hearings at 8:09 p.m. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to close the public hearings. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 8:10 p.m. Motion by Council Member Capra, seconded by Council Member Broussard Vickers to approve the Evans rezone request as presented. All in favor. Motion carried unanimously. Motion by Council Member Capra, seconded by Council Member Paar to approve the rezone of the following properties along Centerville Road: *6709 Centerville Road – Boyle,*6759 Centerville Road – Koran,*6831 Centerville Road – Carlson, *6882 Centerville Road – Schwartz/Emly, *6892 Centerville Road – Vanderbeek, *6925 Centerville Road – Woiak, *6937/6939 Centerville Road – Greenwaldt, *6945 Centerville Road – Henrich, *6953 Centerville Road – Barett, *6961 Centerville Road – Anderson, *6977 Centerville Road – Rieder, *6849 Centerville Road – Wilharber. All in favor. Motion carried unanimously. VII. NEW BUSINESS 1. Integra Telecom, Mr. Jerry King – Telephone Service Page 5 of 10 City of Centerville Council Meeting Minutes October 13, 2004 Ms. Moore-Sykes presented information to Council on Integra Telecom telephone systems. Council indicated that it would like a comprehensive system for all City offices not just a system for the administrative offices. 2. WaterISAC Membership Recommendation Ms. Moore-Sykes presented information to Council provided by Mr. Palzer on the WaterISAC organization. Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve membership in WaterISAC as requested by Staff. All in favor. Motion carried unanimously. 3. Minnesota Association of Small Cities Membership (2004-2005) $1,331.90) Council briefly discussed this matter and agreed that membership to the League of Minnesota Cities is sufficient. 4. Parks & Recreation Committee Request for Funds for “Adopt a Wood Duck House” Project Eagle Scout Project - $623.25 This matter was handled under appearances. 5. Parks & Recreation Committee Request for SRF Engineering to Provide a Trail Feasibility Study Proposal for the Clearwater Creek Trail, Direct Staff Contact to Arrange, Future Expenditure $600 to $800 Motion by Council Member Capra, seconded by Council Member Lee to approve the Feasibility Study proposal and direct Staff contact to arrange as requested. All in favor. Motion carried unanimously. Ms. Moore-Sykes asked whether the motion included approval of the future expenditure. Council indicated that any future expenditure should be brought before Council for consideration of approval. 6. Parks & Recreation Committee Request for Dresel Contracting to Sub-Cut and Install Trail Base East Side of LaMotte Park Council Member Lee indicated that anyone coming from the regional trail has to go through the parking lot at LaMotte Park to get to the trail. He then said that Park and Recreation would like to extend the trail in LaMotte Park to keep people out of the parking lot as it is a safety hazard. Motion by Council Member Broussard Vickers, seconded by Council Member Lee to approve the request for Dresel Contracting to sub-cut and install trail base along the east side of LaMotte Park. All in favor. Motion carried unanimously. Page 6 of 10 City of Centerville Council Meeting Minutes October 13, 2004 7. Pay Compensation Study Council reviewed and discussed the compensation study memo provided by Ms. Paulseth and asked Ms. Moore-Sykes to determine whether the amounts in the study were included in the budget for 2005. 8. Dresel Pay Estimate Motion by Council Member Broussard Vickers, seconded by Council Member Paar to approve the Dresel pay estimate in the amount of $246,693.79. All in favor. Motion carried unanimously. 9. Business Directory Council Member Broussard Vickers indicated that she does not feel that it is the function of the City to fund a business directory. She further stated that this is $3,000 to $4,000 used to promote area businesses and she does not agree with it. Council discussed this matter and asked Staff to determine how much money is available in the budget. Ms. Stephan indicated that all the money in this year’s budget has been spent but the Commission would like to authorize Media Junction to begin work so that the directory can come out in January of 2005. She then said that it may be possible to hold off payment until 2005 but said that there were extra budget funds returned to the general fund last year that Council was asked to make available should the Commission need them this year. Council Member Capra indicated that she feels the business directory is a great service to residents as it provides not only information about area businesses but also information on the City with telephone and contact information. Motion by Council Member Capra, seconded by Council Member Lee to approve $2,150 for the business directory. Ayes – 4, Nays – 1(Broussard Vickers). Motion carried. VIII. OLD BUSINESS 1. Stop Sign – Center Street & Pheasant Lane Ms. Moore-Sykes indicated that the officer in charge of this type of request is in the process of researching this intersection and will provide information to Council when that research is completed. Page 7 of 10 City of Centerville Council Meeting Minutes October 13, 2004 Motion by Council Member Broussard Vickers, seconded by Council Member Paar to table this request until the information is received from the police department. Ayes – 4, Nays – 1(Capra). Motion carried. 2.Ordinance Codification Ms. Moore-Sykes presented the codified ordinances that were received from the codification service to Council for review and consideration. Council discussed the matter and asked Staff to determine how much more work and what the costs would be to complete the project to get a manageable document for the City to review. 3. Personnel Policy Council asked that this matter be discussed at a work session and asked that Staff set work sessions for one hour ahead of the regular meetings in November. nd 4. 72 Street Storm Sewer Improvements Motion by Council Member Broussard Vickers, seconded Council Member Lee to approve $36,057. All in favor. Motion carried unanimously. IX. ANNOUNCEMENTS/UPDATES 1. Media Packets/Information Ms. Moore-Sykes indicated that Staff is working on a cost/time determination and will report back to Council. She then explained that Staff was able to scan the entire packet and get it out on the website in PDF format for viewing. 2. Truth in Taxation Continuation Date Council asked Staff to determine when the meeting needs to be held and determine whether December 20, 2004 will work. 3. Rice Creek Watershed District Seminar/Presentation There will be a presentation at 9:00 a.m. on Friday, October 15, 2004. 4. Mr. and Mrs. Keith Okan 1841 Center Street (Driveway Issue) Mr. Okan appeared before Council and asked for an update on the driveway situation. Ms. Moore-Sykes indicated that the information provided to Staff was dated in May of 2004. Page 8 of 10 City of Centerville Council Meeting Minutes October 13, 2004 Mr. Okan indicated that he did not have any contract information dated when the concrete was installed but he does have dated warranty information that states that duracrete was used. Council discussed the matter with Mr. Okan and Mr. Okan restated the fact that his existing driveway was not restored to the way it was before construction as he was told it would be. Council agreed that the flares should be replaced but there was consensus that the City is not responsible for anything in the right of way, including driveways. And, upon the information from the City Engineer, the concrete used by the City is suitable for residential vehicle traffic and comes with a one-year warranty. Council Member Paar indicated that he thinks that ripping up this concrete and installing more expensive, higher strength concrete, opens the City up to having many, many requests for the same thing. He then said he is very concerned that this would set a precedent for the City paying to replace things in the right of way. 5. Water Tower Motion by Council Member Broussard Vickers, seconded by Council Member Capra to remove the lighting from the water tower. Ayes – 4, Nays – 1(Sweeney). Motion carried. 6. SWMP Motion by Council Member Broussard Vickers, seconded by Council Member Capra to table this to the next meeting. All in favor. Motion carried unanimously. Council asked that the shoreland management ordinance be referred to the Planning Commission for consideration and recommendation of approval. 7. Eagle Pass Pond Council asked Staff to determine how much it would cost to dredge out the inlet and whether this project is more important than another project on the list. 8.Jim Lynn Meeting The meeting with Mr. Lynn is scheduled for October 25, 2004 at 5:30 p.m. City Attorney Hoeft asked that any information be provided to him for review before it is provided at the meeting. Page 9 of 10 City of Centerville Council Meeting Minutes October 13, 2004 Council Member Broussard Vickers indicated that she would like to direct the City Engineer to update the feasibility study for running utilities downtown. Council Member Paar indicated that he spoke to Lyndon after the informational meeting on CSAH 14 and was told that the Metropolitan Council has transportation enhancement funds available for helping with this type of project. Council asked Staff to look into the costs to run power under ground downtown and to look into applying for transportation enhancement funds from the Metropolitan Council. Council Member Broussard Vickers indicated that she would like to send a congratulations letter to the alcohol establishments for passing the compliance check. Mayor Sweeney indicated that there is a joint Council meeting on Friday, October 15, 2004 at 6:30 and that meeting is open to the public. Council Member Paar provided an update on the EDC meeting indicating that they have begun planning for the Frozen Fete des Lacs. Council Member Lee asked whether Council would be interested in going out for bids on engineering and attorney services for 2005 as he feels it would be in the best interest of the taxpayers to ensure the City is getting a good price. Council asked Staff to request bids. Council recessed at 9:25 p.m. to discuss existing and potential new litigation with Ground Development. X. ADJOURNMENT Motion by Council Member Broussard Vickers, seconded by Council Member Paar to adjourn the October 11, 2004 City Council Meeting at 9:35 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 10 of 10