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HomeMy WebLinkAbout2004-11-10 CC CITY OF CENTERVILLE CITY COUNCIL MEETING NOVEMBER 10, 2004 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on November 10, 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: Ms. Bender, Mr. Palzer City Attorney Mr. Hoeft City Engineer Mr. Peterson I. CALL TO ORDER Mayor Sweeney called the November 10, 2004, City Council meeting to order at 6:45 p.m. II. SET AGENDA The following items were added to the agenda: Pay Request #4 – Water Tower $104,083.96; Resolution #04-053 – Signature Authority; Centennial Lakes Police Department Claims November 1 – 10, 2004; Mr. Paul Keleher, Mr. Rick Fox, Liquor/tobacco licensing renewals update; 1601 LaMotte Drive Purchase Agreement th Update; Center Street Monitoring; 6931 20 Avenue, Mr. Drilling/RCWD/Change of Meeting Date. Council Member Capra requested the following additions: Team building, Eagle Pass Drainage, and All Committees Memo. Motion by Council Member Paar, seconded by Council Member Lee to approve the agenda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1.October 27, 2004 Council Meeting Minutes City of Centerville November 10, 2004 Council Meeting Minutes Council Member Capra requested that it be clarified in the Sedona Homes motion that it was Phase I approval. Motion by Council Member Paar, seconded by Council Member Broussard Vickers to approve the October 27, 2004 Council Meeting Minutes as amended. All in favor. Motion carried unanimously. 2. November 3, 3004 Canvassing Board Meeting Minutes Motion by Council Member Broussard Vickers, seconded by Council Member Capra to approve the November 3, 2004 Canvassing Board Meeting Minutes as presented. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1.City of Centerville October 27, through November 10, 2004 Claims 2.Centennial Fire District Claims through October 29, 2004 3.KLM Engineering – 500,000 Gallon Water Tower - $2,025.00 4.Dresel Contracting – Pay Estimate #6 (2004 Street Project) - $89,029.17 5.Approval of the Planning & Zoning Commissioner Recommendation for Appointment of Mr. Robert Wright 6.Approval of the Planning & Zoning Commissioner Recommendation for Appointment of Mr. Tom Wood 7.Pay Request #4 – Water Tower - $104,083.96 8.Resolution #04-053 – Signature Authority 9.Centennial Lakes Police Department Claims November 1 – 10, 2004 Motion by Council Member Capra, seconded by Council Member Lee to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES 1. Mr. Paul Keleher, Jackson Commercial, Requesting that Language be Contained in the Developer’s Agreement to Include the Same Park Dedication Fees as Phase I for Phase II. Mr. Keleher appeared before Council and asked that the Developer’s Agreement be amended to reflect that the park dedication fees he is paying on Phase I covers both Phase I and Phase II. Council Member Capra indicated that the City could require a trail and park dedication fees for this project. City Attorney Hoeft indicated that the park dedication fees may be higher when Phase II is built out but, the amount he is paying during the construction of Phase I, covers the park dedication fee for the entire buildable parcel. He then noted that the City would lose Page 2 of 10 City of Centerville November 10, 2004 Council Meeting Minutes any possible leverage when discussing potential trails with Phase II. He also noted that Mr. Keleher had come to the City with this proposal prior to the approval of commercial park dedication fees and what is being requested seems to be an appropriate request. Council discussed the matter and agreed to the amendment. Motion by Council Member Broussard Vickers, seconded by Council Member Lee, to direct Staff to amend the Developer’s Agreement to note that the park dedication fees cover Phases I and II. All in favor. Motion carried unanimously. Council Member Capra indicated that the berms at the back of the property were removed and that is causing an issue for residents. Mr. Keleher explained that the previous property owner had piles of black dirt on the property that needed to be removed as part of the approved grading plan. He then explained that one of the neighboring property owners is encroaching onto his property and they will be having it surveyed and asking that the fence be moved back. He further commented that once things are resolved with the property line issues the area would be landscaped and that should appease the resident concerns. 2. Mr. Rick Fox, Rehbein Properties and Mr. Dennis Shudy, Centerville Redi-Mix Mr. Rick Fox from Rehbein Properties addressed Council and asked for authorization to make a payment of $4,879.64 to pay off the assessments for the 1.3 acre parcel purchased by Mr. Shudy. City Attorney Hoeft indicated that the City would consider it a partial payment of an assessment and it requires no Council action. Mr. Shudy indicated that he and Rehbein would add wording to the purchase documents that the remaining assessment amount would be attached to the larger remaining parcel and that no further assessments are pending on the 1.3 acres he is purchasing. Council told Mr. Fox and Mr. Shudy that they should contact Staff should they need any further documentation in order to record documents with the County. VI. PUBLIC HEARINGS 1. Request for Lot Split – Mr. John Dahl, 7334 Brian Drive Mayor Sweeney opened the public hearing at 7:15 p.m. Mr. Dahl appeared before Council and provided an overview of his request for a lot split. Council Member Broussard Vickers indicated that the Planning Commission reviewed the memo from Mr. Palzer concerning the water and sewer stubs and also took testimony Page 3 of 10 City of Centerville November 10, 2004 Council Meeting Minutes from neighbors that are concerned about potential drainage issues. She then indicated that the Commission recommended approval pending approval by the City Engineer of the drainage plan. Council Member Broussard Vickers indicated that it was mentioned that mitigation was already done on the wetland. Mr. Dahl explained that they had purchased wetland credits for the area of the driveway. Mr. Dahl’s engineer explained the proposed driveway and discussed it with Council and Staff. City Attorney Hoeft indicated that the Council need only be concerned with whether the request meets the requirements for a lot split and Staff will handle the sewer and water stub along with the building permit and engineer approvals. Greg Carpenter of 7328 Brian Drive indicated that he is not opposed to the lot split but is concerned about drainage as his lot is the lowest. He then said that in the photocopied drawing the drainage easement was removed and he is concerned that it was removed from the plat. City Attorney Hoeft explained that the original plat had not been changed and the drainage easement remains. He further noted that the drawing submitted with the application is a survey drawing and not the plat. Mr. Dahl’s engineer indicated that the wetland has no natural inlets and only accepts water from the backyards in that immediate area. Motion by Council Member Capra, seconded by Council Member Paar, to close the public hearing. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 7:30 p.m. Motion by Council Member Capra, seconded by Council Member Broussard Vickers to approve the lot split as requested pending final approval from Rice Creek Watershed District and the City Engineer. All in favor. Motion carried unanimously. VII. NEW BUSINESS 1. Job Descriptions - Staff Motion by Council Member Capra, seconded by Council Member Lee to table. All in favor. Motion carried unanimously. Page 4 of 10 City of Centerville November 10, 2004 Council Meeting Minutes 2. Executive Search – City Administrator Council Member Capra informed Council that she has a file containing information from the last administrator search and it can be used as reference for this search. Council Member Broussard Vickers indicated that she liked using the qualifications survey last time and would like to do so again. Council discussed the proposal from Mr. Lynn and Council Member Broussard Vickers requested that the language of the agreement be amended to reflect a time that the City could expect to begin interviewing candidates and to include language for a guarantee should the employee not stay one year a new search would be done at no cost to the City. Motion by Council Member Lee, seconded by Council Member Paar to approve the use of Mr. Lynn for the City Administrator Search. All in favor. Motion carried unanimously. Council discussed what an appropriate time frame would be and agreed to request that the City be interviewing candidates by the second Council meeting in January. Motion by Council Member Capra, seconded by Council Member Lee to authorize the Staff teambuilding proposal of Mr. Lynn pending receipt of an acceptable schedule and agenda. Ayes – 4, Nays – 1(Broussard Vickers). Motion carried. 3. Interim Administrator Mayor Sweeney indicated that he had no issue with using Mr. Lynn for some facilitation type duties of the City Administrator but he would like to assign the day to day operations to be handled by existing Staff. Council Member Lee indicated that he feels the chain of command should be utilized which means that the responsibility falls to Mr. Meyer, as the Finance Director, and he can delegate the tasks. Council Member Capra indicated that she would like to assign the interim administrator duties to a team consisting of the Finance Director, City Clerk, and Public Works Director. She then asked counsel how to appropriately handle this matter so that Staff can be paid for the extra duties assigned. City Attorney Hoeft indicated that Council could state its intention to compensate for the extra duties assigned and determine the amount at a later date. After discussion, there was consensus to go with two interim administrators to handle the tasks of the City Administrator. Page 5 of 10 City of Centerville November 10, 2004 Council Meeting Minutes Council agreed to assign a surcharge to the hourly rate of the City Clerk and Public Works Director for taking on the City Administrator’s duties. The other Staff is eligible for overtime at their existing rate for helping out with additional duties as needed. Mr. Palzer and Ms. Bender agreed to accept the interim administrator duties and agreed to meet regularly to ensure that nothing is missed. Motion by Council Member Capra, seconded by Council Member Paar to add $4.00 to the City Clerk and Public Works Director’s hourly rate to compensate for the extra responsibility and duties. Mr. Palzer expressed concern with personnel problems. Council asked that any personnel matters be brought to the attention of the Mayor rather than being handled by the Interim Administrators. The Interim Administrators are to handle day to day operations of the office and public works and delegate tasks as necessary. Council Member Broussard Vickers asked Staff to prepare a memo that spells out the process so that it is clear. Ms. Bender expressed concern with the additional work load as they are already short staffed and behind on projects. Council discussed the hiring of a temporary employee for answering phones and assisting with filing in the office. Council also authorized the Interim Administrators to authorize overtime as necessary but asked that any amounts of 10 hours or more be brought to Council for approval. Council Member Broussard Vickers indicated that she would prefer to see the hourly rate increased by $4.00 or $5.00 to compensate for the extra duties and responsibilities. Council Member Paar indicated that he would like to see at least $4.00. Council Member Capra accepted the friendly amendment to the motion as did the seconder. VOTE: All in favor. Motion carried unanimously. Motion by Council Member Capra, seconded by Council Member Broussard Vickers to direct Staff to hire a temporary office worker at the discretion of the Interim Managers. All in favor. Motion carried unanimously. Ms. Bender asked for authorization to come back to Council with a recommendation for utilizing existing Staff. Page 6 of 10 City of Centerville November 10, 2004 Council Meeting Minutes Council indicated that a recommendation was not necessary and directed Staff to make the decision. 4. Administrator Meetings Council designated the Finance Director to attend the Police meetings and directed the Interim Administrators to determine whom to send to which meetings and whether it is necessary to send anyone. Mr. Palzer asked for authority to have the City Engineer attend the next CSAH 14 meeting. Council agreed. Council Member Capra agreed to go to the Fire Steering Committee meetings. 5. Appointment of Representative for AUAR Council discussed the matter and agreed that the EDC and Planning Commission should determine which members to send. 6. Resolution #04-051 – Declaring Costs to be Assessed and Ordering Preparation of Proposed Assessments for the 2004 Street Project Council Member Broussard Vickers requested that the date be changed to November 29, 2004. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to approve Resolution #04-051 as amended. All in favor. Motion carried unanimously. City Attorney Hoeft noted that the amount should be corrected to $860,819. The motion and second agreed to the friendly amendment. 7. Resolution #04-052 – Calling for Public Hearing 2004 Street Project Motion by Council Member Capra, seconded by Council Member Lee to approve Resolution #04-052 as presented. All in favor. Motion carried unanimously. VIII. OLD BUSINESS 1. Shoreland Management Ordinance Council asked that this matter be on the Planning Commission’s Agenda for February and the Council’s first meeting in February. 2.Legal and Engineering Studies Page 7 of 10 City of Centerville November 10, 2004 Council Meeting Minutes City Attorney Hoeft indicated that the information provided to Council did not apply and then recommended that Staff check with the State Auditor’s Office and the League of Minnesota Cities for information on legal expenses paid by cities of the same size as Centerville. 3. Ordinance Codification Ms. Bender recommended that Council proceed with the Codification as it will make Staff’s job easier in the long run. Motion by Council Member Capra, seconded by Council Member Lee to move forward with the Ordinance Codification. All in favor. Motion carried unanimously. IX. ANNOUNCEMENTS/UPDATES 1. Annual Liquor License/Tobacco Renewal This item will be on the November 23, 2004 Agenda. 2. 1601 LaMotte Drive – Purchase Agreement City Attorney Hoeft indicated he had provided a copy of his letter for informational purposes. 3. Center Street Monitoring There was a memo provided indicating that no more monitoring would be done unless further requested by Council. th 4. 6931 – 20 Avenue Mr. Palzer indicated that Rice Creek Watershed District has given Mr. Drilling notice to comply and, if he does not do so, they can take action against him. 5. Meeting Date Change Council discussed changing the November 24, 2004 meeting date and agreed to move it to November 23, 2004 at 6:30 p.m. City Attorney Hoeft will be unable to attend but will send someone else from his office. Motion by Council Member Capra, seconded by Council Member Lee to change the November 24, 2004 meeting date to November 23, 2004 at 6:30 p.m. All in favor. Motion carried unanimously. Page 8 of 10 City of Centerville November 10, 2004 Council Meeting Minutes 6.Eagle Pass Drainage Mr. Peterson indicated that he would be discussing the matter with the developer and contractor. 7. All Committees and Staff Memo Council Member Capra asked for Council authorization for an all committees memo to be sent seeking input as to priorities for 2005. Council agreed but specified that participation is voluntary not mandatory. Mayor Sweeney indicated that a smaller subcommittee of the police governing board consisting of an elected official and the City Administrator from each city is being formed to work on negotiations regarding the building. He then said that since the City does not have a City Administrator at this time he would like to have Council Member Broussard Vickers attend the meetings because he feels that her negotiating skills would be of assistance during sensitive negotiations. Council Member Lee indicated that he would like to remain involved and has only missed two meetings over the course of two years. He then suggested that Council Member Capra attend as she is the Mayor-Elect. Council Member Capra indicated that she would like Council Member Lee to attend because he has been involved for the last two years. Council discussed the building committee and the steering committee and the differences of opinion and sensitivity concerning the formula for funding the police department as well as for funding the construction of the building and the future ownership percentages. Council Member Paar indicated that he defers to the Mayor and his recommendation. It was determined by coin toss that Council Member Lee would attend the subcommittee meeting on the building. Mayor Sweeney read a thank you note from Retired Police Chief Heckman thanking the City for the recognition of his years of service. Council Member Paar provided an update on the EDC meeting indicating that plans are under way for the Frozen Fete des Lacs. Council Member Broussard Vickers indicated that there is one open seat on the Planning Commission and there will be another in January. She also noted that Staff was asked to send a note to the resident that had asked the City to amend its on street parking ordinance to inform her that the City is not interested in any changes at this time. Page 9 of 10 City of Centerville November 10, 2004 Council Meeting Minutes X. ADJOURNMENT Motion by Council Member Paar, seconded by Council Member Lee to adjourn the November 10, 2004 City Council Meeting at 9:30 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 10 of 10