HomeMy WebLinkAbout2004-10-27 CC
CITY OF CENTERVILLE
CITY COUNCIL MEETING
OCTOBER 27, 2004
6:30 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled
meeting on October 27, 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 27, 2004, City Council meeting to order at 6:38 p.m.
II. SET AGENDA
Mayor Sweeney added the October 25, work session minutes, public works high speed
internet, Halloween decorations, administrator search, 6878 Deer Court lack of sod, the
stop sign at Center Street and Pheasant Lane and removed 02-065 from Old Business.
Ms. Moore-Sykes requested that the Mr. Lynn proposal and Mr. Burke 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.October 13, 2004 Council Meeting Minutes
Mayor Sweeney requested that a notation be made on Page 4 of 10 to indicate that the
wood duck house approval was a request and recommendation for funds from the Parks
and Recreation budget. On Page 9 of 10 correct the motion to read motion carried and
remove unanimously.
City of Centerville
October 27, 2004
Council Meeting Minutes
Council Member Capra noted that Council Member Lee had abstained from voting on the
motion on Page 2 of 10.
Motion by Council Member Broussard Vickers, seconded by Council Member
Capra to approve the October 13, 2004 Council Meeting Minutes as amended. All
in favor. Motion carried unanimously.
2. City Council Work Session Meeting Minutes of October 13, 2004
Motion by Council Member Broussard Vickers, seconded by Council Member Lee
to approve the October 13, 2004 Council Work Session Meeting Minutes as
presented. All in favor. Motion carried unanimously.
3. City Council Work Session Meeting Minutes of October 25, 2004
Motion by Council Member Lee, seconded by Council Member Paar to approve the
October 25, 2004 Council Work Session Meeting Minutes as presented. All in favor.
Motion carried unanimously.
IV. CONSENT AGENDA
1.City of Centerville October 14, through October 27, 2004 Claims
2.Centennial Fire District Claims through October 15, 2004
3.Pay Request #3, Maguire Iron – Elevated 500,000 Gallon Water Tower -
$325,200.20
4.Pay Equity/Review Study
Motion by Council Member Lee, seconded by Council Member Broussard Vickers
to approve the Consent Agenda as presented. All in favor. Motion carried
unanimously.
V. AWARDS/PRESENTATIONS/APPEARANCES
1. Mr. Paul Palzer (Monthly Update)
Mr. Palzer provided a monthly update to Council indicating the street projects are
wrapping up and snow removal equipment is ready to go.
Mr. Palzer indicated that as of December 1 the County is going to 800 megahertz radios
and then recommended the City consider discussing the purchase of radios at a future
work session. He then said that Staff would like to look at obtaining two radios in 2005
and then one per year after that at a cost of $2,600 per radio.
Mr. Palzer asked for an accounting of the public works budget to see if a few small
equipment items can be purchased yet this year.
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October 27, 2004
Council Meeting Minutes
Mr. Palzer indicated that public works would be flushing hydrants next week.
2. Mr. John Magill (Commercial Properties) Impact of Proposed CSAH 14/Main
Street Widening
Mr. Magill addressed Council on behalf of several local businesses and outlined their
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concerns with the County’s plan for access onto 20 Avenue.
Council Member Broussard Vickers indicated she had attended the meeting concerning
this matter and then outlined for those in attendance the various options for access at that
intersection.
Mr. Magill indicated that the success of the existing businesses and the development of
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the remaining property at the corner is dependent upon access at 20 Avenue and asked
the City to work with them to convince the County to amend the plan.
The Council discussed various scenarios and then asked that the business owners provide
the City with a list of options in priority order for consideration.
Council Member Capra expressed concern about big trucks accessing this site and at
Northern Forest Products. She then said that she would like to see a representative of the
group be invited to attend meetings with the engineer and public works to work on this.
Mr. Peterson indicated that the transportation department at his office has looked at this
and there is just too much of a safety hazard to put an opening that close to an
intersection.
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Mr. Magill indicated that they do not care what it looks like but they would like a 20
Avenue access.
Mr. Vanderbeek commented that accommodations were made for the businesses in
Blaine and he would like the same done for the businesses in Centerville.
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Council discussed the possibility of relocating the 21 Avenue intersection to the west
and requesting a stoplight.
Mayor Sweeney suggested that the business owners get Lino Lakes involved as this
affects property in that City as well.
Council Member Broussard Vickers suggested that the business owners remain positive
and provide suggestions as to how to solve the issue as best as possible rather than
threatening lawsuits.
Council Member Capra indicated that she has asked the engineers to provide information
on future development needs for Centerville as far as what streets will go all the way
through and what can be done to the north.
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City of Centerville
October 27, 2004
Council Meeting Minutes
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Council set a work session for November 10, 2004 at 5:30 p.m. to discuss the 20
Avenue access with the business owners.
Council Member Capra asked Staff to contact Northern Forest Products and Goetz
Landscaping to determine how the large trucks access their sites.
3. Mr. Paul Burke Cougar Cash
Mr. Burke appeared before Council and asked for consideration of approval for the
cougar cash program noting he had done research with the City of Hutchinson and was
told that it takes approximately two to three hours per month for staff to manage this type
of program. He further indicated that the EDC would like to have the cougar cash
program up and running prior to the holiday season as a way to promote businesses in
town.
Council Member Capra indicated that with the business directory the EDC has spent the
2004 budget. She then said she would like to table this matter until there is a new
administrator on board.
Mr. Burke indicated that the EDC would like to have cougar cash available before the
holiday season. He also noted that Hutchinson has not had an issue with bounced checks.
Motion by Council Member Capra to table.
The Motion failed for lack of a second.
Mayor Sweeney indicated that the EDC has begun work on the business directory but
they are not paying for it until 2005.
Ms. Stephan indicated that EDC is $2,000 over budget but $4,000 was put back into the
general fund from last year and Council did agree at that time to make it available, if it
was needed.
Council Member Lee asked how long it would take to get this program going.
Mr. Burke indicated it would take two to three weeks.
Council Member Capra asked if the school has anything remotely called cougar cash that
the City would be infringing on.
Mr. Burke indicated they did not.
Council Member Capra indicated that she feels that there are a lot of staff issues to sort
out now and she would like to wait but said she would support this if majority of Council
wished to proceed.
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October 27, 2004
Council Meeting Minutes
Motion by Council Member Lee, seconded by Council Member Paar to approve the
EDC request of $1,000 for the cougar cash program. Ayes – 4, Nays – 1(Broussard
Vickers). Motion carried.
VI. PUBLIC HEARINGS
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1. Hunters Crossing 2 Addition, Phase I Proposed Assessments for Municipal
Utilities and Street Improvements – Resolution #04-048 – Adoption of
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Assessments Associated with the Hunter’s Crossing 2 Addition, Phase I
Subdivision
Mayor Sweeney opened the public hearing at 6:45 p.m.
Mr. Carlson asked Council to set the interest rate and the term for the assessment. He
then asked that the escrow deposited for plans and specifications be returned to him.
Motion by Council Member Capra, seconded by Council Member Paar to close the
public hearing. All in favor. Motion carried unanimously.
City Attorney Hoeft noted for the record that the City received a letter of objection with
regard to the assessments for Outlot B.
Mayor Sweeney closed the public hearing at 6:47 p.m.
Council discussed the interest rate and term and agreed to set them at 6% for 10 years.
Motion by Council Member Broussard Vickers, seconded by Council Member Lee
to approve Resolution #04-048, the Adoption of Assessments Associated with the
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Hunter’s Crossing 2 Addition, Phase I Subdivision as amended to reflect 6% for
10 years. All in favor. Motion carried unanimously.
Motion by Council Member Broussard Vickers, seconded by Council Member
Capra to approve the refund of escrowed funds in the amount of $12,500. All in
favor. Motion carried unanimously.
VII. NEW BUSINESS
1. League of Minnesota Cities Rate Study (Legal and Engineering Fees)
City Attorney Hoeft recommended that the City solicit further information from the
League on legal and engineering fees spent by other cities.
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2. High Speed Internet Access for Public Works
Motion by Council Member Capra, seconded by Council Member Lee to approve
the installation of high speed internet for public works as requested. All in favor.
Motion carried unanimously.
3. Halloween Decorations at 7154 Mill Road
Mayor Sweeney indicated that he was asked to bring this to Council for discussion by a
resident.
City Attorney Hoeft indicated that the decorations are not in violation of any City
Ordinance or state statute and the property owner has the right to exercise freedom of
speech.
4. Administrator Search
Council discussed the administrator search and Council Member Broussard Vickers
indicated that she did not feel she was qualified to interview and select a City
Administrator and would prefer to utilize a search firm as was done last time.
Mayor Sweeney indicated that he would like to begin the process as it takes a long time
to hire an administrator.
Council Members Capra, Lee and Paar indicated that they would prefer to discuss the
position with Mr. Meyer, the new Finance Director, as he has previous administrator
experience prior to spending $20,000 to $25,000 on a search firm.
Council Member Broussard Vickers indicated that her decision on the hiring of Mr.
Meyer came based on a recommendation for a Finance Director and not an administrator
and she does not feel that the two positions are interchangeable.
Council Member Capra asked Staff to schedule a work session with Council, Ms. Moore-
Sykes and Mr. Meyer to discuss the matter prior to the next Council Meeting.
5. 6878 Deer Court – Lack of Sod/Final Grading/Landscaping
Mr. Glaeser appeared before Council and indicated that the lack of sod at 6878 Deer
Court is causing runoff into the drain tile and the neighbors are afraid that it will fill up
and cause a backup into their homes. He then asked Council to consider using the $1,500
escrow to have the grade redone and sod installed to stop the erosion. He further noted
that he has done some investigating on this matter and the property owner feels it is not
his responsibility and the builder feels it is not his responsibility so it is unlikely that it
will get done.
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Council Meeting Minutes
Mr. Palzer informed Council that a sprinkler system is being installed at the property and
he received a call from the contractor asking whether the City had hired someone to
install the sod so it appears that either the builder or the homeowner has contracted to
have the work done.
Motion by Council Member Capra, seconded by Council Member Lee to direct
public works to contract to have the grade restored and install sod utilizing the
$1,500 escrow to ensure that the erosion situation is remedied.
Council Member Broussard Vickers asked that an insurance certificate be obtained from
the contractor used.
Mr. Glaeser asked the City to consider sodding the entire yard.
City Attorney Hoeft indicated that the $1,500 probably would not cover restoring the
grade and sodding the entire yard. He then noted there is a process that the City must go
through before having the work done so that the amount can be assessed to the property.
VOTE: All in favor. Motion carried unanimously.
6. Mr. Lynn Proposal
Council discussed the proposal and agreed that it would be best to be fully staffed so that
the training did not have to be repeated.
Motion by Council Member Lee, seconded by Council Member Capra to table. All
in favor. Motion carried unanimously.
VIII. OLD BUSINESS
1. Sedona Homes/Jackson Commercial Final Plat and Developer’s Agreement
City Attorney Hoeft indicated that there were sections of the document in need of
clarification and update as this process was begun a year ago. He then reviewed those
items with Mr. Keleher.
Mr. Keleher agreed to a completion date for the private improvements of July 1, 2005.
Mr. Keleher indicated that as they will be asking for occupancy prior to paving they are
willing to have the $76,000 escrow for bituminous added back into the document.
Council Member Capra indicated that she would like to have sod used because the
development across the street utilized hydro seeding and it was very weedy.
Mr. Keleher indicated that they intend to sod all areas around the buildings and will
utilize some type of seed near the drainage areas.
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Council Meeting Minutes
City Attorney Hoeft revised the language concerning ownership of the public
improvements and Mr. Keleher agreed.
Council discussed a trail in lieu of a commercial park dedication fee.
Mr. Keleher indicated that he would be interested in putting in a trail from his building
toward the strip center to move traffic between the two commercial areas.
Council discussed the matter and asked for a $6,000 escrow for the cost of a trail to allow
the City to place the trail after the road construction is done.
Mr. Keleher agreed to the $6,000 but asked that he be able to pay as the units develop at
$600.00 per unit. Council agreed.
Mr. Palzer asked that the $600.00 be tied to the building permit to ensure collection and
for ease in administration.
Mr. Keleher agreed.
Motion by Council Member Capra, seconded by Council Member Lee to approve
the Final Plat for Centerville Town Office Park, Phase I (Sedona Homes/Jackson
Commercial) subject to the execution of a developer’s agreement. All in favor.
Motion carried unanimously.
Motion by Council Member Lee, seconded by Council Member Paar to approve the
developer’s agreement as amended. All in favor. Motion carried unanimously.
2.American Legal Publishing Ordinance Codification
Motion by Council Member Capra, seconded by Council Member Lee to table. All
in favor. Motion carried unanimously.
3. St. Paul Water Utilities
City Attorney Hoeft provided Council with an update on the issues surrounding the
potential purchase of property from the St. Paul Water Utility. He then noted that he was
able to negotiate away the deed restrictions, the request to annex the property, and reduce
the setback from the lake but the price does not seem to be negotiable.
Council discussed the matter and noted that it may be possible to purchase property along
the lake from the County as part of the CSAH 14 road construction.
Council asked Staff to inform St. Paul Water Utility that it is exploring all of its options
and note that the price is not agreeable to the City.
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4. Mr. and Mrs. Mike Johnson – 7046 Brian Drive – Special Assessments
City Attorney Hoeft presented a letter from the Johnson’s attorney offering settlement of
both the old and new assessment by payment of $1,644.91. He then informed Council
that the City would be within its rights to go through the assessment process for the old
assessment and the new assessment.
Council discussed the matter and agreed to further discuss the assessments at the
assessment hearing.
5. Resolution #04-049 – Authorizing Modification of Resolution #04-043 in
Regards to the Date of the Continuation Hearing that Appears Within it of
December 22, 2004 to December 20, 2004
Motion by Council Member Lee, seconded by Council Member Paar to approve
Resolution #04-049 as presented. All in favor. Motion carried unanimously.
IX. ANNOUNCEMENTS/UPDATES
1. Annual Liquor License/Tobacco Renewal
Ms. Moore-Sykes noted the renewal packets were sent out to the liquor and tobacco
licensees and a letter was included congratulating the liquor licensees on the recent
compliance check.
2. Eagle Pass Pond
Ms. Moore-Sykes indicated that Rice Creek has said that it has the money to dredge the
pond and will be doing so in November.
City Attorney Hoeft indicated that he received a call from the Assistant Anoka County
Attorney indicating a need to revise the easement for ponding at Chauncey Barret
Gardens. He then said that Staff will work on the matter and present the information to
Council.
3. Speed at Center Street and Pheasant Lane
Ms. Moore-Sykes presented the information from Officer Stepan to Council concerning
the speed study on Center Street. She then noted that 27.8% of the vehicles were
traveling in excess of 30 mph and only 7.8% were traveling in excess of 35 mph. She
further noted that the Officer has indicated that there does not seem to be an issue with
speeding vehicles in this location.
Mr. Peterson of 6933 Pheasant Lane indicated that the memo does not recommend extra
patrol but it does not say anything about the installation of the stop signs. He further
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commented that he feels the construction vehicles in the area have slowed the vehicles
down because there is a speeding issue on Center Street in that location.
Mr. Peterson indicated that he does not feel there is a speeding issue on Pheasant Lane
because it is a winding road but they had a petition with 96% participation for stop signs
and they would like them installed.
Motion by Council Member Capra, seconded by Council Member Lee to direct
Staff to have a stop sign installed at Center Street and Pheasant Lane as requested
by petition of the residents.
Mayor Sweeney indicated he is against the stop signs because he does not feel that they
will slow traffic down. He further stated that he is concerned that the stop signs will give
residents and children a false sense of security that the vehicles will stop but a lot of
drivers do not.
VOTE: Ayes – 3, Nays – 2(Sweeney/Broussard Vickers). Motion carried.
Motion by Council Member Capra, seconded by Council Member Paar to approve
the Surface Water Management Plan based on the advice of the City Engineers
dated October 7, 2004. Ayes – 4, Nays – 0, Abstain – 1(Broussard Vickers). Motion
carried.
Mayor Sweeney indicated the police governing board would meet on November 1, 2004
at 6:30 p.m.
X. ADJOURNMENT
Motion by Council Member Capra, seconded by Council Member Paar to adjourn
the October 27, 2004 City Council Meeting at 9:13 p.m. All in favor. Motion
carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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