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Home My WebLink About2004-12-08 CC CITY OF CENTERVILLE CITY COUNCIL MEETING DECEMBER 8, 2004 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on December 8, 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 City Attorney Mr. Hoeft City Engineer Mr. Peterson I. CALL TO ORDER Mayor Sweeney called the December 8, 2004, City Council meeting to order at 6:34 p.m. II. SET AGENDA The following items were added to the Agenda: November 23, 2004 Work Session Minutes, December 1, 2004 Truth-in-Taxation Minutes, Resolution #04-059, letter regarding Cougar Cash, Staff Attendance at CSAH 14 meeting, letter to Anoka County concerning CSAH 14 design issues. Council Member Capra added Urban Land Institute to the Agenda. Motion by Council Member Lee, seconded by Council Member Paar to approve the agenda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1.November 23, 2004 Council Meeting Minutes Motion by Council Member Paar, seconded by Council Member Capra to approve the November 23, 2004 Council Meeting Minutes as presented. All in favor. Motion carried unanimously. City of Centerville December 8, 2004 Council Meeting Minutes 2. November 23, 2004 Council Work Session Minutes Motion by Council Member Capra, seconded by Council Member Paar to approve the November 23, 2004 Council Work Session Minutes as presented. All in favor. Motion carried unanimously. 3. December 1, 2004 Truth-in-Taxation Minutes Motion by Council Member Capra, seconded by Council Member Lee to approve the December 1, 2004 Minutes as presented. All in favor. Motion carried unanimously. IV. CONSENT AGENDA 1.City of Centerville November 24, through December 8, 2004 Claims 2.Centennial Fire District – December 3, 2004 Claims 3.Bonestroo, Rosene, Anderlik & Associates – 2005 Rate Schedule 4.Proposal from Parson’s Technologies – String Cable for High Speed Internet at Public Works Site – Not to Exceed $500.00 5.Parks & Recreation Committee Recommendation to Contract with SRF Engineering for Clearwater Creek Trail Feasibility Study – Not to Exceed $800.00 6.Council Member Elect Michelle Lakso’s Participation in the League of Minnesota Cities Newly Elected Officials Conference - $240.00 7.Anoka County Radio Club & Emergency Services, Inc. – Use of Water Tower 8.Visu-Sewer Clean & Seal, Inc. - $2,955.00 9.Scandia Trucking & Excavating – Final Payment (Pheasant Marsh, Phase II) Council Member Broussard Vickers requested that Item 5 be removed for discussion. Council Member Lee requested that Item 7 be removed for discussion. Motion by Council Member Lee, seconded by Council Member Paar to approve Consent Agenda Items 1, 2, 3, 4, 6, 8, and 9 as presented. All in favor. Motion carried unanimously. Council Member Broussard Vickers asked why Park and Recreation wants to use SRF rather than the City’s Engineer. Council Member Lee explained that SRF is the County’s Engineering firm and is familiar with the project. Motion by Council Member Capra, seconded by Council Member Lee to approve Consent Agenda Item 5 as presented. All in favor. Motion carried unanimously. Council Member Lee asked for clarification concerning the radio club. Page 2 of 8 City of Centerville December 8, 2004 Council Meeting Minutes Ms. Bender explained that he holds the emergency services contract but also belongs to the Club. Motion by Council Member Lee, seconded by Council Member Paar to approve Consent Agenda Item 7 as presented. All in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES 1. Mr. and Mrs. Michael Johnson 7046 Brian Drive Special Assessment Street Project Mr. Johnson appeared before Council and asked for an update on the situation. Ms. Bender explained that she has done a lot of research and has documentation available for viewing at City Hall concerning this matter. She then said that Mr. Gertz was responsible for 33 lots and then there were 9 others and the Johnsons were a part of that nine. She further commented that two of the assessments for that project are on the taxes and the rest were paid but the Johnsons were somehow missed. Council Member Lee said that he feels that the improvement was made and the property benefited so the property owners should be charged. Council agreed. 2. Mr. John Thill – Parade Expenditures 2004 Mr. John Thill appeared before Council and provided an overview of parade expenditures for the 2004 parade. Council thanked him for his work on the parade and for the report. 3. Mr. Tom Wilharber – Festival Expenditures 2004 Mr. Tom Wilharber of 6849 Centerville Road appeared before Council on behalf of the Lions and provided an accounting of the festival expenditures for 2004. 4. Park & Recreation Committee – St. Paul Water Utility Property Mr. Wayne LeBlanc appeared before Council on behalf of the Park & Recreation Committee and told Council that the Committee would like the City to purchase the property and the Park fund has the money to do so. Council discussed with Mr. LeBlanc and City Attorney Hoeft the potential purchase of the property and directed the City Attorney to move forward with negotiations to purchase the property. Page 3 of 8 City of Centerville December 8, 2004 Council Meeting Minutes Council asked whether a fishing pier would be allowed and City Attorney Hoeft indicated that St. Paul Water Utility would have complete authority over whether or not to grant permission for the dock. Council Members agreed there is interest in purchasing the property but would like to be sure that the property can be used for a public park. 5. Mr. Tedd Peterson, 6933 Pheasant Lane – Pending Litigation This item was heard during closed session. VI. PUBLIC HEARINGS 1. Truth-in-Taxation Hearing Mayor Sweeney opened the public hearing. Mr. Meyer reviewed the proposed 2005 Budget with Council and residents in attendance. Mr. Curtis Olson of 1980 Main Street asked who raises his property value. He then said that he disagrees with his property valuation due to the circumstances with his property. Council informed him that the County sets valuations and Ms. Bender indicated she could provide him with a contact at the County. Motion by Council Member Capra, seconded by Council Member Lee to close the public hearing. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 7:13 p.m. 2. Proposed Rezone of 6903 Centerville Road & PIN R23-31-22-32-0023 Mayor Sweeney opened the public hearing at 7:15 p.m. Motion by Council Member Paar, seconded by Council Member Capra to close the public hearing. All in favor. Motion carried unanimously. Mayor Sweeney closed the public hearing at 7:16 p.m. 3. Ordinance #76 Mayor Sweeney opened the public hearing at 7:17 p.m. Motion by Council Member Lee, seconded by Council Member Capra to close the public hearing. All in favor. Motion carried unanimously. Page 4 of 8 City of Centerville December 8, 2004 Council Meeting Minutes VII. NEW BUSINESS 1.Resolution #04-057 Adopting the Final Property Tax Levy for 2005 Motion by Council Member Lee, seconded by Council Member Capra to approve Resolution #04-057 as presented. All in favor. Motion carried unanimously. 2. Resolution #04-058 Providing for the Prepayment and Redemption of Certain Outstanding General Obligation Bonds of the City Mr. Meyer explained that the City would save money in interest charges by calling the bonds. Motion by Council Member Capra, seconded by Council Member Paar to approve Resolution #04-058 as presented. All in favor. Motion carried unanimously. 3. Resolution #04-059 Adopting the Final Budget Levy Motion by Council Member Capra, seconded by Council Member Paar to approve Resolution #04-59 as presented. All in favor. Motion carried unanimously. 4. Letter Signed by Mayor Regarding Cougar Cash Mayor Sweeney read the letter to be sent to Main Street Bank concerning Cougar Cash. Motion by Council Member Paar, seconded by Council Member Lee to authorize the Mayor to sign the letter to Main Street Bank regarding Cougar Cash. All in favor. Motion carried unanimously. 5. Staff Participation in CSAH 14 Meeting Council discussed the matter and directed Staff to send Mr. Palzer to the meeting. VIII. OLD BUSINESS 1. Centennial Lakes Police Department Building Mayor Sweeney explained the proposal from Circle Pines concerning the building to be constructed. He then indicated that Circle Pines has asked for a payout of the lease in the amount of $16,975. Mayor Sweeney outlined the costs that Circle Pines has invested in the property and said they may also have to seek further payment from the City if the County requires a land swap. Page 5 of 8 City of Centerville December 8, 2004 Council Meeting Minutes Council Member Capra commented that if the City is leasing Circle Pines would have the responsibility for upgrades and repairs to the building. Mayor Sweeney indicated the City has a guaranteed lease with them until 2009. Mayor Sweeney indicated that this is a proposal rather than the City paying for the property to build the new building on. City Attorney Hoeft indicated he would review the amended agreement but said he does not see much of a legal issue. City Attorney Hoeft commented that, if he was going to try to buy the City out of the existing lease, he is not sure the proposal makes sense to him. He then said that the City should look at it in the broader context of the overall picture and whether it would be worth trying to reduce the lease buyout amount and risk further cost in another aspect of the deal. Council discussed the proposal and agreed to move forward with the discussions. 2. Trio Inn Tobacco Compliance Check Failure – Rescheduled to December 20, 2004 3. Letter to Anoka County Concerning CSAH 14 Construction Design Concerns Council Member Lee requested that the contents of the letter be reversed as the proposed design concepts are more important. Council discussed the letter and agreed that it should be sent out. Council Member Lee asked Staff to send a copy of the letter to local businesses to show them that the City is attempting to work out the issues with Anoka County. IX. ANNOUNCEMENTS/UPDATES 1. 6923 Tourville Circle Staff indicated that one letter has been sent and a hearing requested but the resident did not show up for the hearing. Staff indicated that the situation has not been resolved. Motion by Council Member Lee, seconded by Council Member Capra to declare a public nuisance and request that Staff abate the situation after two weeks’ notice is given to the resident. All in favor. Motion carried unanimously. Council Member Capra suggested a friendly amendment to give the residents two weeks’ notice prior to action by the City. Page 6 of 8 City of Centerville December 8, 2004 Council Meeting Minutes 2. 1540 Peltier Lake Drive City Attorney Hoeft indicated that Mr. Palzer has attempted to gain entry into the home to conduct final inspections and it appears that the resident is living in the home and will not allow Staff access. Motion by Council Member Capra, seconded by Council Member Lee to direct Staff to obtain an administrative search warrant. All in favor. Motion carried unanimously. 3. Eagle Pass Drainage Issues Mr. Peterson indicated that the work has been completed and the larger drain and pipe installed. 4. Ordinance Codification Ms. Bender provided an update on the Ordinance codification project. Ms. Bender indicated that Staff would complete and forward to Anoka County the road closure form for the upcoming festival. Council Member Lee asked Staff to add Fete des Lacs 2005 to the Park and Recreation Agenda. Mr. Peterson indicated that he met with representatives of Ground Development to go over some issues they had. Council Member Capra informed Council she had received a letter from the Urban Land Institute and would be attending an upcoming meeting. Council Member Broussard Vickers indicated there are two openings on the Planning and Zoning Commission. Council Member Lee indicated there are two openings on the Park and Recreation Committee. Council recessed to closed session at 7:56 p.m. Page 7 of 8 City of Centerville December 8, 2004 Council Meeting Minutes X.EXECUTIVE SESSION (Closed) Pending Litigation 1.Mr. Tedd Peterson, 6933 Pheasant Lane Brief discussion was had regarding the 2004 Street Project and Mr. Tedd Peterson’s concerns regarding his assessment. 2.Ground Development (Outlot B – Special Assessments) Brief discussion was had regarding green space requirements for Pheasant Marsh, Phase I and II, allowance of additional development in this area, etc. Council reconvened from Executive Session at 8:36 p.m. XI. ADJOURNMENT Motion by Council Member Capra, seconded by Council Member Paar to adjourn the December 8, 2004 City Council Meeting at 8:37 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 8 of 8