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HomeMy WebLinkAbout2004-11-23 CC CITY OF CENTERVILLE CITY COUNCIL MEETING NOVEMBER 23, 2004 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on November 23, 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 Engineer Mr. Peterson I.CALL TO ORDER Mayor Sweeney called the November 23, 2004, City Council meeting to order at 6:34 p.m. II.APPROVAL OF AGENDA The following items were added to the agenda: Centennial Lakes Police Department – Tobacco Compliance Check Failure (Trio Inn); Okan Driveway Flares; Staff Recognition Get Together; Staff Memo regarding Day-to-Day Operations/Personnel Issues. Council Member Lee requested the following addition: Police Governing Board Update. Motion by Council Member Paar, seconded by Council Member Broussard Vickers, to approve the agenda as amended. All in favor. Motion carried unanimously. III.APPROVAL OF COUNCIL MINUTES 1.November 10, 2004 City Council Meeting Minutes Motion by Council Member Broussard Vickers, seconded by Council Member Lee, to approve the November 10, 2004 Council Meeting Minutes. All in favor. Motion carried unanimously. Page 1 of 9 City of Centerville November 23, 2004 Council Meeting Minutes IV.CONSENT AGENDA 1.City of Centerville November 11, 2004 through November 23, 2004 Claims 2.Centennial Fire District – November 15, 2004 Claims nd 3.Stork Twin City Testing - $747.00 (Hunters Crossing 2 Addition) 4.Stork Twin City Testing - $2,196.00 (2004 Street Improvement) 5.Minnesota Rural Water Association - $195.00 (2005 Membership) 6.Successful Annual Performance Review – Tedd Peterson, P.W. Maintenance 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.CSAH 14 Concerns and Issues of Mr. Lee L’Allier, 1973 Main Street Mr. Lee L’Allier of 1973 Main Street appeared before Council and presented a handwritten letter outlining his concerns with respect to the CSAH 14 project. He stated that several area businesses are in the process of discussing the proposed project and everybody appears to be in agreement that the goal is to come up with a project that is best for the City and that is safest for the City. Mr. L’Allier asked Council if a meeting with residents and business owners would be appropriate prior to the Public Information meeting with the County on December 9. He stated he is interested in receiving input from the Council prior to the Public Information Meeting. Council Member Capra stated there was some discussion earlier about holding a Council st Workshop on December 1 to discuss the project prior to the Public Information Meeting on December 9, 2004 at 5:00 p.m. at the Wargo Nature Center. She added that the County has indicated it will have a revised plan available on December 9 that should address some of the issues raised at the previous Open House. Mayor Sweeney stated the revised plan from the County will show modifications th including allowing a full access at Cottonwood, allowing a full access on 20 for the st shopping center, and allowing left turns off of Main Street at 21. st Ms. Bender stated that Mr. Fischer has indicated that he is not available on December 1 to meet with Council; he has further indicated that if Council felt that a work session would be beneficial after the December 9 meeting, he would be willing to schedule one. Mr. L’Allier expressed concern regarding the speed limits on CSAH 14 and stated they would like to see the speed limits reduced. He added that Hugo’s speed limit is 40 mph and Lino Lakes’ speed limit is between 30-35 mph, while the speed limit in Centerville is 45 mph. City of Centerville November 23, 2004 Council Meeting Minutes Council Member Paar stated that because of the continued growth in the area, the County is interested in making traffic flow better overall and the County has indicated if traffic is slowed with reduced speed limits, it will cause more back-ups. Council Member Broussard Vickers stated the three main issues appear to be the speed limit, the turn lanes, and the lights. Mr. Bill Krohn of 1969 Main Street expressed concern about the speed limit near the school and stated he would like to see the speed limit reduced in that area. Council Member Broussard Vickers stated the City can express its concerns to the County regarding the speed limits but it is ultimately the County’s decision. Council Member Paar stated it appears there is a consensus that the speed limit is too high and stated it may be worthwhile to ask the County to change the speed limit to 35 mph on the entire stretch of CSAH 14 from Hugo to Lino Lakes. Council Member Lee concurred and noted a single speed limit would be easier to enforce. Council Member Parr stated it will be important to get as many interested people at the th Public Information Meeting on December 9 to provide the County with as much citizen input as possible. Mr. Krohn asked if a petition could be prepared for presentation to the County on th December 9 that outlines all of their concerns. Mayor Sweeney encouraged Mr. Krohn to prepare a petition that lists their concerns and th to have as many people sign it as possible and present it to the County on December 9. Mayor Sweeney stated he is interested in seeing what the County brings forth on th December 9 and to make a decision at that time on how to proceed. Council Member Broussard Vickers expressed concern that the County may tell us that we are trying to accommodate very few at the danger of very many. Mr. L’Allier reiterated they are interested in the safety of everybody, not just a few. He expressed his appreciation to the Council for discussing his concerns. Council Member Capra asked if the Council would like to proceed with a Workshop st Meeting on December 1 without Mr. Fischer being in attendance. Ms. Bender stated that st SRF indicated they would be willing to attend the December 1 meeting. Mayor Sweeney asked if it would be possible to get a copy of the revised plan from the st County prior to December 1. th Mr. Palzer replied that staff will be meeting with the County on November 30 for the purpose of discussing the road design. City of Centerville November 23, 2004 Council Meeting Minutes It was the consensus of the Council to hold a Workshop Meeting on Wednesday, December 1, 2004 for the purpose of discussing the CSAH 14 project with all interested parties. Staff was directed to send appropriate notices out with the date, time and location of the Workshop Meeting. VI.PUBLIC HEARINGS There were none. VII.NEW BUSINESS 1.Executive Search – City Administrator Council Member Capra stated there are two proposals for the services of Mr. Lynn, one for staff team building and leadership training and the other for facilitating the City Administrator search and selection process. She asked Mr. Lynn if he was amenable to the revisions made to the proposal. Mr. Lynn replied the documents are satisfactory to him and represent standard practice in the industry. Motion by Council Member Capra, seconded by Council Member Paar, to approve the Proposal for Services – Staff Team Building and Leadership Training, with James J. Lynn, Ed.D. LP, Lynn & Associates. Ayes – 4, Nays – 1 (Broussard Vickers). Motion carried. Motion by Council Member Capra, seconded by Council Member Lee, to approve the Proposal for Services – Facilitating the Search and Selection Process, with James J. Lynn, Ed.D. LP, Lynn & Associates. All in favor. Motion carried unanimously. Dr. Lynn stated that he will be meeting tomorrow morning with staff to discuss the plan for working together during the interim period until a new City Administrator is hired. 2.Resolution #04-054 – Calling for Public Hearing on Delinquent Sewer, Water and rdthst Garbage Services for Residents Associated with the 3 and 4 Quarter 2003, 1 nd and 2 Quarters of 2004 Billing Cycles Council Member Broussard Vickers asked if the certification fee of $25 was sufficient to cover staff costs associated with collecting on the delinquent accounts and felt the fee should be increased. Ms. Bender suggested the Council consider the certification fee when the fee schedule is reviewed. Motion by Council Member Capra, seconded by Council Member Paar, to approve Resolution #04-054 as presented. All in favor. Motion carried unanimously. City of Centerville November 23, 2004 Council Meeting Minutes 3. Hardwood Creek – Judicial Ditch #2 (Support Water Quality) Council Member Capra stated she requested this item be placed on the Council agenda. Mr. Wayne LeBlanc, Peltier Lake Association Chairman, appeared before Council and presented information regarding four available options for Hardwood Creek, including ditching to profile, meandered channel at profile, stable stream rehabilitation, and ongoing maintenance. He stated that stable stream rehabilitation appears to be the best option for improving the federally-designated impaired waters of Hardwood Creek and Peltier Lake. Council Member Broussard Vickers asked who would pay for the ditch repair. Council Member Capra replied federal funds are used through the Rice Creek Watershed District. Mr. LeBlanc explained that the Rice Creek Watershed District has stated it will pursue minimum maintenance on the existing ditch and mitigate by building holding ponds further downstream, west of Highway 61. He stated the Rice Creek Watershed District th will be meeting on December 8 to review this matter. Mayor Sweeney stated that the goal of the project should be to seek a solution that aids in improving the water quality of Peltier Lake. He added if a series of holding ponds accomplishes this and is more favorable to property owners, then that is what should be supported by the City. It was the consensus of the Council to direct staff to prepare a letter to the Rice Creek Watershed District indicating that the Centerville City Council supports a Hardwood Creek/JD2 repair that creates the best possible water quality in Peltier Lake. 4. Possibility of Rescheduling December 22, 2004 Regularly Scheduled Meeting to Truth in Taxation Hearing Continuation Meeting of December 20, 2004 Ms. Bender requested clarification regarding the rescheduling of the regular Council meeting on December 22, 2004 and whether it was Council’s desire to move the December 22, 2004 regular Council meeting to Monday, December 20, 2004 to be held at the same time as the Truth in Taxation Hearing. It was the consensus of the Council to move the regular Council meeting from Wednesday, December 22, 2004 to Monday, December 20, 2004, to be held at the same time as the Truth in Taxation Hearing. 5. Liquor/Tobacco License Renewal 2005 Council Member Capra stated Ms. Bender and Chief Makela have discussed having the BCA conduct background checks for the tobacco licenses. Ms. Bender noted that the BCA is allowed by statute to conduct background checks with respect to liquor licenses. City of Centerville November 23, 2004 Council Meeting Minutes Council Member Capra stated the Council may wish to review and amend the tobacco ordinance #66 to allow the BCA to conduct background checks on behalf of the City. Motion by Council Member Broussard Vickers, seconded by Council Member Lee, to approve the 2005 Renewal of Liquor, Wine, or Club License for Centerville Liquors, Trio Inn, Wiseguys Pizza Inc., and Kelly’s Korner, subject to receipt of certificates of insurance in effect for the full license period, and subject to payment of all outstanding property taxes. All in favor. Motion carried unanimously. Motion by Council Member Broussard Vickers, seconded by Council Member Capra, to approve the 2005 Renewal of Tobacco License for Centerville Liquors, Trio Inn, Center Mart, Corner Express, and Kelly’s Korner, subject to receipt of certificates of insurance in effect for the full license period, and subject to payment of all outstanding property taxes. All in favor. Motion carried unanimously. 6.Proposed Language Modification to Contain Background Checks – Ordinance #66 – Tobacco Ms. Bender reviewed the tobacco compliance check failure for Trio Inn. She stated that Centennial Lakes Police Department has been providing the services of background checks only to the extent of their records and local police department records. She stated that Council may wish to consider language allowing a Criminal History Data check (Felony Level Crimes) or to consider the City of Plymouth’s tobacco/best practices ordinance and adopt a similar ordinance for tobacco. Motion by Council Member Lee, seconded by Council Member Broussard Vickers, to table the proposed language modification to Ordinance #66 pending further research by staff. All in favor. Motion carried unanimously. 7.Staff Get Together Ms. Bender requested Council input about holding a get together for staff during the holidays and had received a request from a Council Member to open the discussion about hosting a get together of some type and who would pay for it. Council Member Broussard Vickers stated she would like to have input from the City Attorney about this and requested that if a get together is planned, that it be held in early 2005 after the holidays. Council Member Capra stated tax dollars should not be used for the get together and each person should pay their own way. Motion by Council Member Broussard Vickers, seconded by Council Member Paar, to table the discussion regarding a staff get together to the first regular Council meeting in January 2005. All in favor. Motion carried unanimously. City of Centerville November 23, 2004 Council Meeting Minutes 8. Staff Memo Regarding Day-to-Day Operations/Personnel Issues Ms. Bender requested Council input regarding a proposed memo to staff regarding day- to-day operations/personnel issues and requested approval to distribute the memo to staff. Mayor Sweeney stated it was his understanding that when the Council assigned the interim administrator duties to Ms. Bender and Mr. Palzer, the Finance Director would not be supervising Ms. Bender. He stated that as co-interim administrators, Ms. Bender and Mr. Palzer report to the Council. He stated that the Finance Director will continue to supervise the bookkeeper and receptionist. Mayor Sweeney stated that Ms. Bender had requested clarification regarding who she reports to as co-interim administrator. VIII.OLD BUSINESS 1.Ordinance Codification Update Ms. Bender explained the proposed fees by American Legal Publishing Corporation (ALP) for completing the draft ordinance codification started for the city in 1998. She stated ALP will charge $2,120 to complete the draft, including subdivision and zoning, $1,000 to incorporate six years’ worth of ordinances and amendments, and $22 per page to incorporate the subdivision and zoning regulations in full. She stated that the subdivision ordinances and zoning ordinances can simply be referenced; thus, the $22 per page expense will not be incurred. Motion by Council Member Capra, seconded by Council Member Lee, to approve American Legal Publishing Corporation to complete the draft started by ALP in 1998, adopting subdivision and zoning regulations by reference, for a cost of $2,120, and to incorporate six years’ worth of ordinances and amendments, for a cost of $1,000. All in favor. Motion carried unanimously. 2.Re-Consideration of Tentative Scheduling of SRF/Anoka County/Council/ Resident/Business Owner’s Meeting This item was discussed earlier under “V. Awards/Presentations/Appearances.” 3.Okan Driveway Flares City Engineer Peterson presented the proposal from North Country for the Okan driveway, with cost shown of $1,029.73. He stated that Mr. Okan has approved the proposal. City of Centerville November 23, 2004 Council Meeting Minutes IX.ANNOUNCEMENTS/UPDATES th 1.6931 20 Avenue, Mr. Drilling/RCWD Ms. Bender stated Metro Land Surveying and Engineering is working with Mr. Drilling to correct the grading activities for this site. 2. Council/Committee/Staff 2005 Achievements Update Ms. Bender stated the memo regarding 2005 projects has been sent to staff, the committees and commissions as requested. 3. 1540 Peltier Lake Drive Mr. Palzer stated staff has contacted the resident on three separate occasions and requested access to do an inspection and access has been denied. He stated staff will request the City Attorney draft an administrative warrant. 4.Eagle Pass Drainage City Engineer Peterson stated all repairs have been completed and they inspected the property today. 5.Governing Board Meeting Council Member Lee requested Council input regarding the City’s position with respect to ownership of the building, maintenance of the building, as well as the formula for operating costs. He stated he would like to see ownership in the building be 1/3 each for the three cities. Council Member Broussard Vickers agreed that 1/3 each would be ideal. Mayor Sweeney stated he is opposed to locking the City in for 15 years with a percentage formula whereby Circle Pines or any one entity is a majority stakeholder. Council Member Broussard Vickers suggested having Circle Pines and Centerville at 35% each, with Lexington at 30%, with voting rights representative of an entity’s ownership in the building. Mayor Sweeney stated the Police Governing Board will meet on November 30, 2004 at 7:00 p.m. in Circle Pines. He stated that the proposal will come back to Council for consideration. City of Centerville November 23, 2004 Council Meeting Minutes 6. Staff Update Ms. Bender reported that staff met with legal counsel, Mr. Meyer and representatives of th Pheasant Marsh Ground Development on November 18 to again discuss the funding hurdles with Phase 1 and 2 and to discuss Phase 3. She stated another meeting has been nd scheduled for December 2 at 1:30 p.m. and City Engineer Peterson will attend that meeting. Ms. Bender stated that Mr. John Thill contacted staff and has indicated that the Centerville businesswomen’s group has declined to take over the parade. She stated that Mr. Thill will come before the Council to discuss this further. Council Member Capra stated if no one agrees to take over, the City can choose to cancel the parade. She indicated she attended the Centerville businesswomen’s meeting and agreed to act as the go-between for the parade pending a decision by the City. She stated the City may wish to retain its permit pending that decision. Mayor Sweeney expressed concern that there is not enough community involvement with the parade. It was the consensus of Council to direct staff to obtain the permit from Anoka County. X.ADJOURNMENT Motion by Council Member Broussard Vickers, seconded by Council Member Capra, to adjourn the November 23, 2004 City Council Meeting at 8:22 p.m. All in favor. Motion carried unanimously. Transcribed by: Barbara Hughes, Recording Secretary TimeSaver Off Site Secretarial, Inc.