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Home My WebLink About2004-12-20 CC CITY OF CENTERVILLE CITY COUNCIL MEETING DECEMBER 20, 2004 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on December 20, 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 20, 2004, City Council meeting to order at 6:30 p.m. II. SET AGENDA The following items were added to the Agenda: Update of December 20, 2004 check register summary, KLM Engineering - $2,700, and Resolution #04-063 were added to the Consent Agenda. Recommendation to purchase fixed asset module (Banyon Data Systems) not to exceed $3,000, recommendation for hiring ice rink attendants, staff participation in SRF/Anoka County Upcoming Meeting, mileage request, and cash out of accrued PTO were added to New Business. Pond Dredging was added to Old Business. City Administrator Search was added to Announcements. Pending Litigation – Ground Development was added as an Executive Session. The December 8, 2004 Meeting Minutes were removed from 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.December 8, 2004 Council Meeting Minutes This item was removed from the Agenda. City of Centerville December 20, 2004 Council Meeting Minutes IV. CONSENT AGENDA 1.City of Centerville December 9, through December 20, 2004 Claims including Update from December 20, 2004 2.Centennial Fire District Claims through December 15, 2004 3.Centennial Police Department – November 11 – 23, 2003 and December 1 – 9, 2004 Claims 4.Mayor Elect Capra’s Participation in League of Minnesota Cities Experienced Elected Officials Conference - $175.00 5.ABDO, EICK & MEYERS – Engagement Letter for 2004 Audit 6.Successful Completion of Year 3, Receptionist/Secretary (K. Stephan) 7.TimeSaver OffSite Secretarial Addendum to the Recording Secretary Service Agreement for 2005 8.Lynn & Associates – Invoice #C:03:04- $1,375.00 (Staff Team Building & Leadership Training 11/24 – 11/30/04 9.Lynn & Associates – Invoice #C:04:04 - $1,375.00 (Staff Team Building & Leadership Training 11/26 – 11/30/04) 10.EDC Recommendation for Approval of an Additional $250.00 for Cougar Cash 11.EDC Recommendation for Public Works Staff Equipment, Time & Snow Plowing for Car Races on Ice Associated with Frozen Fete des Lacs 12.EDC Recommendation for Expenditures Associated with Frozen Fete des Lacs 2005 – Not to Exceed $2,500 13.KLM Engineering Invoice $2,700 Water Tower Weld Inspection 14.Resolution #04-063 Journal Entries to Correct Negative Balances 2004 Budget Council Member Broussard Vickers requested that Items 8 and 9 be removed for discussion. Council Member Lee requested that Item 11 be removed for discussion. Motion by Council Member Capra, seconded by Council Member Lee to approve Consent Agenda Items 1, 2, 3, 4, 5, 6, 7, 10, 12, 13, and 14 as presented. All in favor. Motion carried unanimously. Council Member Broussard Vickers commented that Mr. Lynn was contracted for a fee and the services invoiced to the City should be included in that fee. She then asked Staff to verify that these invoices will be a part of the approved contract fee and not an addition to it. Motion by Council Member Paar, seconded by Council Member Lee to approve Consent Agenda Items 8 and 9 as presented. All in favor. Motion carried unanimously. Council Member Lee asked for verification that the City’s insurance policies would cover the use of City Employees as requested. Page 2 of 9 City of Centerville December 20, 2004 Council Meeting Minutes Council discussed the matter and determined that the City Employees would be covered by the City’s insurance policies in the event of an accident. Motion by Council Member Lee, seconded by Council Member Paar to approve Consent Agenda Item 11 as presented. All in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES 1. Chief Bob Makela – Presentation to Exiting Mayor Sweeney Chief Makela acknowledged the public service efforts of outgoing Mayor Sweeney and thanked him as well as the City for the support of the police department. He then presented Mayor Sweeney with a clock on behalf of the governing board and police department to acknowledge his service. He also provided the Mayor with patches from the old department and the new department. 2. Council Member Broussard Vickers – Presentation of Gavel to Exiting Mayor Sweeney Council Member Broussard Vickers presented exiting Mayor Sweeney with a gavel in recognition for his service to the City. Mayor Sweeney thanked Council and the City for the acknowledgement. VI. PUBLIC HEARINGS 1. Truth-in-Taxation Hearing Motion by Council Member Broussard Vickers, seconded by Council Member Capra to close the public hearing. All in favor. Motion carried unanimously. VII. NEW BUSINESS 1. Resolution #05-001 – Appointments for 2005 Council reviewed the appointments for 2005 and appointed Lee as Acting Mayor, Capra and Lee to the Fire District Steering Committee, Lakso to the North Metro Cable with Paar as the alternate, Capra and Lee to the Police Governing Board, the City Administrator to the Tri City Meeting, Paar to EDC, Lakso to Park and Recreation, Broussard Vickers to Planning and Zoning, Acting Chief Makela as Emergency Services Director, and Capra to the Solid Waste Advisory Committee. Page 3 of 9 City of Centerville December 20, 2004 Council Meeting Minutes Motion by Council Member Broussard Vickers, seconded by Council Member Lee to approve Resolution #05-001 as discussed with the appointments inserted. All in favor. Motion carried unanimously. 2. Resolution #05-002 – 2005 Fee Schedule Council discussed the fee schedule and asked that Staff increase fees by 3% as staff costs are going up 3% for the year unless the fee has already been increased by more than the 3%. Council Member Broussard Vickers indicated that she is concerned that the sewer and water fees are high enough to maintain the system. Council discussed the matter and agreed to ask Bonestroo for a sewer and water rate study. Motion by Council Member Capra, seconded by Council Member Lee to direct Bonestroo to conduct a sewer and water rate study. Council discussed the assessment search fee with Staff and determined it should be increased to $40.00. VOTE: All in favor. Motion carried unanimously. Council Member Broussard Vickers asked that the table referenced be named for clarity. Staff agreed to provide a name for the table. Motion by Council Member Paar, seconded by Council Member Broussard Vickers to approve Resolution #05-002 as amended. All in favor. Motion carried unanimously. 3. Cash Out of Accrued PTO City Attorney Hoeft indicated that Mr. Lepak has made the determination that “regular rate of pay” is interpreted to include the $4.00 additional per hour approved by Council. Council Member Lee suggested Council consider removing the additional $4.00 per hour. Mayor Sweeney indicated that removing the $4.00 per hour would mean that one of the employees would be treated differently than the other as one has been paid for PTO with the increased $4.00 per hour and the other has not. Council Member Broussard Vickers commented that if the City paid one employee out at the additional $4.00 per hour then the other employee should be paid with the additional $4.00. Page 4 of 9 City of Centerville December 20, 2004 Council Meeting Minutes Mayor Sweeney stated for the record that it was not the Council’s intention that the additional $4.00 per hour would apply to comp and PTO time accrued by the employee. He further clarified that the $4.00 per hour was to compensate the employees for additional duties. Mayor Sweeney commented that the additional $4.00 was to cover additional duties and he feels that the need to travel back to City Hall for a meeting or travel to another location for a meeting falls under the additional duties and does not warrant mileage reimbursement. Council agreed. Council Member Capra indicated that she would like Council to clarify that the additional $4.00 per hour does not apply to comp time and PTO and was intended as a temporary compensation for additional duties. Motion by Council Member Capra, seconded by Council Member Lee to clarify that the additional $4.00 per hour is not to be included in regular rate of pay pursuant to the City’s personnel policy for PTO and comp time and to authorize payout to Ms. Bender at the additional $4.00 rate of pay as was done for Mr. Palzer to bring her down to the maximum carry over level. All in favor. Motion carried unanimously. Mayor Sweeney clarified that this is the last time that employees would be allowed to cash out because in 2005 the policy is use it or lose it. Council asked Staff to send a memo to all employees reminding them that there would be no pay outs beginning in 2005. 4. Downtown Redevelopment – CDBG Funds – Deadline 1/9/05 Council Member Paar asked for clarification as to whether the City would need to have a TIF district to benefit from these funds. Council Member Capra indicated that the City does not need to have a TIF district to receive funds. Council directed Staff to proceed as requested. 5. Resolution #04-061 – Approving Plans and Specifications for SCADA System and Authorizing Advertising for Bids Motion by Council Member Capra, seconded by Council Member Paar to approve Resolution #04-061 as presented. All in favor. Motion carried unanimously. Page 5 of 9 City of Centerville December 20, 2004 Council Meeting Minutes 6. Recommendation to Purchase Fixed Asset Module (Banyon Software) Ms. Bender indicated that the Finance Director has requested authorization to purchase the fixed asset module of the Banyon Software, as it will automate the depreciation of fixed assets making his job easier. She then indicated that funds are available for the purchase in the budget line item software/computers. Motion by Council Member Lee, seconded by Council Member Paar to authorize the purchase of Fixed Asset Module Banyon Software not to exceed $3,000. All in favor. Motion carried unanimously. 7. Recommendation for Hiring Ice Rink Attendants Ms. Bender indicated that the City’s hiring process was followed and interviews conducted on Saturday. She then asked Council for approval of the hiring recommendation provided in memo form. Council Member Broussard Vickers asked whether these positions were in the budget. Ms. Bender indicated that they are. Motion by Council Member Lee, seconded by Council Member Capra to authorize the hiring of ice rink attendants as recommended by Staff and to authorize Staff to utilize the next person on the list should one of the recommendations no longer be available. All in favor. Motion carried unanimously. 8. Staff Participation in SRF/Anoka County Upcoming Meeting Ms. Bender indicated that Mr. Palzer would like the City Engineer to attend the upcoming meeting as drainage and ponding are being discussed. Council discussed the matter and agreed that Mr. Peterson should attend the upcoming meeting. Council directed Staff to have Mr. Peterson and Mr. Palzer attend the meeting. VIII. OLD BUSINESS 1. Centennial Lakes Police Department Amended Joint Powers Agreement City Attorney Hoeft indicated he has reviewed the agreement and found no issues with it. Ms. Bender indicated that the other cities have approved the agreement but proposed a small change to the document. Page 6 of 9 City of Centerville December 20, 2004 Council Meeting Minutes Council Member Broussard Vickers asked for clarification of Section 7.2 on Page 6 concerning ownership of the building. City Attorney Hoeft clarified that the document as written is a Centerville document so the items are singular not plural and each City gets the same agreement meaning each City has ownership in the building. He further clarified that the bonding agreements give Circle Pines ownership of the building and land but this Joint Powers Agreement gives each City ownership in the land and the building. Council Member Broussard Vickers asked that Circle Pines include the other three cities as named insured’s on the insurance policy. Motion by Council Member Lee, seconded by Council Member Paar to approve the Joint Powers Agreement as amended pending final review of the City Attorney. All in favor. Motion carried unanimously. 2.Resolution #04-062 Trio Inn Tobacco Compliance Check Failure Mr. Montain apologized for the person who made the mistake and apologized for the human error involved with his tobacco compliance failure. Motion by Council Member Capra, seconded by Council Member Paar to approve Resolution #04-062 Trio Inn Tobacco Compliance Check Failure as presented. All in favor. Motion carried unanimously. 3. Final Property Tax Levy for 2005 Resolution #04-060 Motion by Council Member Broussard Vickers, seconded by Council Member Paar to approve Resolution #04-060 as presented. All in favor. Motion carried unanimously. 4. Police Building Update Council discussed the matter and agreed the City would save money by paying the $16,000. Ms. Bender indicated that the funds would not be spent until 2005. 5. Pond Dredging Mr. Peterson indicated that the pond dredging plans have been completed and forwarded to Mr. Palzer for review. Council briefly discussed the ponds to be dredged. Page 7 of 9 City of Centerville December 20, 2004 Council Meeting Minutes IX. ANNOUNCEMENTS/UPDATES 1. 1540 Peltier Lake Drive City Attorney Hoeft indicated that due to court schedules and the holidays his office would not have the administrative search warrant until next week. 2. CSAH 14 Mr. Peterson asked Council to consider the items listed in his memo regarding the CSAH 14 project and whether the City wished to fund any of them. Mayor Sweeney asked whether any of the grant funds, if received, could be used for some of the projects. Council discussed the items in the memo and the cost for them. Council Member Capra suggested wiring for the lights but not doing them now. Council Member Lee indicated he is concerned that the project will end up half done. Council Member Broussard Vickers indicated that Council reduced the levy by $100,000 which would have covered 1/3 of the costs for the items involved with CSAH 14 and then said she does not see how the City could levy next year for all of the items. Council asked that the Finance Director review the memo from Mr. Peterson and provide Council with suggestions for funding. Council Member Broussard Vickers indicated that she would be more inclined to bury the power than put in decorative lights. Mr. Peterson indicated that the County would put in light poles at each intersection. Council Member Broussard Vickers suggested the City say they are not doing anything decorative and, if the grant funds become available, the City can change its mind and contact the County. Council discussed the project and agreed that it is critical to future development to have a stst freeway ramp at 21 Avenue for full access to 21 Avenue. st Council Member Capra asked Mr. Peterson to discuss the 21 Avenue access with the City Engineer from Lino Lakes because it also impacts development in Lino Lakes. Council agreed to set a meeting with the County, SRF, and Mn/DOT for the third Wednesday in January. Page 8 of 9 City of Centerville December 20, 2004 Council Meeting Minutes 3. City Administrator Search Ms. Bender indicated the advertisement has been placed. Council Member Paar indicated that the EDC met to finalize the details for Frozen Fete des Lacs which is scheduled for February 18 – 20, 2005. He then explained that the business directory will remain free to businesses not in Centerville that are in the directory now but going forward all businesses outside of Centerville will be charged a fee. City Attorney Hoeft indicated the Council would be recessing to executive session to discuss the litigation with Ground Development as well as Royal Oaks. Mayor Sweeney adjourned to executive session at 8:24 p.m. IIX. EXECUTIVE SESSION (CLOSED – PENDING LITIGATION) 1.Ground Development – Special Assessments (Outlot B) Council briefly discussed this item and directed City Attorney Hoeft to handle. 2.Royal Oaks Realty – Lakeland Hills & Royal Industrial Park Development Projects An update of the continuing litigation was provided to Council by City Attorney Hoeft regarding this matter. Mayor Sweeney reconvened the regularly scheduled Council meeting at 8:47 p.m. IIIX. ADJOURNMENT Motion by Council Member Capra, seconded by Council Member Paar to adjourn the December 20, 2004 City Council Meeting at 8:50 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 9 of 9