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HomeMy WebLinkAbout2005-11-09 CC CITY OF CENTERVILLE CITY COUNCIL MEETING NOVEMBER 9, 2005 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on November 9, 2005 at City Hall, 1880 Main Street. PRESENT: Mayor Capra Council Member Lee Council Member Lakso Council Member Paar Council Member Terway ABSENT: None. STAFF: City Attorney Mr. Hoeft City Engineer Mr. Peterson City Administrator Mr. Larson I. CALL TO ORDER Mayor Capra called the November 9, 2005, City Council meeting to order at 6:30 p.m. II. SET AGENDA The following items were added to the Agenda: Consent Agenda: Item 5-StorkTwin Cities Testing Corporation in the amount of $920.00. 2004 Street and Utility Improvements, page 13a-c. New Business: Item 3-Consider adjustment of park dedication fees industrial use for B and R properties 1/2 acreage unusable due to flood plain. Item 4-Consignment of 2004 Chevrolet Dump Truck. Motion by Council Member Parr, seconded by Council Member Lakso to approve the Agenda as amended. All in favor. Motion carried unanimously. III. APPROVAL OF COUNCIL MINUTES 1.October 26, 2005 City Council Meeting Minutes City of Centerville Council Meeting Minutes November 9, 2005 Mayor Capra amended the first motion on page four to capitalize the word “Topo”, and the third to the last paragraph, second sentence to read, “The sign holders have agreed to take down three of the four most offensive signs.” Motion by Council Member Terway, seconded by Council Member Parr to approve the Minutes of the City Council Meeting of October 26, 2005 as amended. All in favor. Motion carried 4-0-1 (Lee, due to absence) IV. CONSENT AGENDA 1.City of Centerville October 27, 2005 through November 9, 2005 Claims (Page 9) 2.Embedded Systems, Inc-Annual Siren Maintenance Agreement ($34.65/Siren/Month) (Page 10-11) 3.Successful Completion of Year 1, Finance Director & Recommendation for Step Increase to Step 9, Grade 9 4.Parks & Recreation Committee Request for Funding for Horse Drawn Hayrides for Two (2) Skate Night Activities-Not to Exceed $1,000 (Page 12-13) 5.Stork Twin Cities Testing Corporation in the amount of $920.00. 2004 street and utility improvements (Page 13a-c) Motion by Council Member Lee, seconded by Council Member Lakso to approve the Consent Agenda. All in favor. Motion carried unanimously. V. AWARDS/PRESENTATIONS/APPEARANCES 1.Mr. Paul Keleher-Sedona Townhomes a.Boundary Line (Page 14-16) b.Anoka County Required Turn Lane (Page 16a) c.Concept Review-Phase II Mr. Keleher gave a presentation on the development. No action needed. VI. PUBLIC HEARINGS 1.Delinquent Utilities (Water, Sewer & Garbage)-Resolution #05-054 (Page 17-19) Mayor Capra at opened the public hearing at 6:45 p.m. Mr. Dan Christi, 7316 Brian Drive, stated the previous owners did not pay their garbage, water, or landscaping fees, which are now being levied against Mr. Christi’s taxes. Council Member Lee asked if this information came up during the sale of the property. Mr. Christi said the title company said the previous owner was supposed to pay all outstanding bills, but they did not. Page 2 of 9 City of Centerville Council Meeting Minutes November 9, 2005 Mr. Hoeft said the property, not the owner is assessed, and the dispute is between the new and previous owners. The City is not in a position to change the assessment, as they are proper. Motion by Council Member Terway, seconded by Council Member Lee to close the public hearing at 6:49 p.m. All in favor. Motion carried unanimously. VII. NEW BUSINESS 1.Liquor and Tobacco Renewals (2006) (Page 20-123) This item was considered later in the agenda 2.Set Agenda & Attachments This item was considered later in the agenda. 3.Consider adjustment of park dedication fees industrial use for B and R properties 1/2 acreage unusable due to flood plain. This item was considered later in the agenda. 4.Consignment of 2004 Chevrolet Dump Truck. This item was considered later in the agenda. VIII. OLD BUSINESS 1. Personnel Policy-Resolution #05-053 (Page 124-171) This item was considered later in the agenda. 2.1601 LaMotte Drive (Update) This item was considered later in the agenda. 3.CSAH 14 Memorandum of Understanding (Update) Mr. Larson presented the updates and changes to the reconstruction project, especially in regard to the trails Mayor Capra asked if the ¾ left turn would remain. Mr. Larson answered yes. Council Member Lakso asked if the parcels purchased by the City were the economic remnant parcels. Mr. Larson answered the remnant parcels would be given to the City, Page 3 of 9 City of Centerville Council Meeting Minutes November 9, 2005 and any parcel that required City purchase would have value. He went on to explain how property is chosen for purchase by the County. Council Member Terway said this agreement does not have everything the City had wanted, but the trail and easement makes it a better deal for the City and he feels the item should move ahead. Council Member Lakso said she is excited to sign this agreement and get the work underway. Council Member Lee said he is concerned about the ¾ access to the primary business development area. He said it is not a perfect agreement, but thinks the City has done everything it could do. Council Member Paar said he appreciates the email and letters from residents. He said he is concerned about the changes to Main Street and is frustrated by the ¾ turn and the rush to make a plan with the County and the slowness of the process. He said he is not comfortable signing this agreement. Mayor Capra said she supports each Council Members right to vote against any issue. She said this issue has been before the City for a long time, and is also concerned about st 21 Avenue, but the access to the north and south will help access to businesses. She said she is happy with the work done by staff on this issue. She concluded by saying that she plans to vote to approve the project to increase the downtown redevelopment. Council Member Terway said he agrees with Council Members Lee and Paar about the ¾ turn, but wants to move this development forward. Motion by Council Member Lakso, seconded by Council Member Terway to approve the CSAH 14 Memorandum of Understanding as submitted. Motion carried. 3-2-0 (Paar and Lee) VII. NEW BUSINESS – CONTINUED 1.Liquor and Tobacco Renewals (2006) (Page 20-123) Mr. Larson explained that two or three renewal applications are missing at this time and suggested that the applications that have been received could be approved at this time, or the Council could wait until all applications are received. Council Member Lee said the applications that have come in on time should be approved, so that these businesses do not experience a delay due to the lack of compliance by some other businesses. Page 4 of 9 City of Centerville Council Meeting Minutes November 9, 2005 Mayor Capra asked about the relationship between the insurance and the licensure. Mr. Hoeft answered the businesses are required to maintain coverage. Mr. Larson explained the insurance provider is required to notify the City for any lapse in coverage. Mayor Capra asked if the businesses could be required to maintain their insurance on the schedule determined by the City. Mr. Hoeft answered the City has the legal right to require that requirement of the businesses, but it may create a cost to the businesses. Council Member Lakso said given the amount of licensed businesses, the few businesses whose insurance renews on another schedule should not be an administrative burden on City Staff. Council Member Paar said the Council should approve the applications before the Council now and table the businesses that have not completed the license renewal paperwork. Mr. Hoeft explained that the businesses that have not completed the applications would be notified by their insurance companies, in addition to any notice sent by the City. Motion by Council Member Lakso, seconded by Council Member Lee to approve the tobacco licenses for Center Mart and Corner Express, the Off Sale and the On Sale, Sunday & Tobacco License for Wiseguys Pizza. All in favor. Motion carried unanimously. 2.Set Agenda & Attachments Council Member Terway shared his concern that Council Members are not allowed adequate time to study items that are added to the agenda last minute. He feels it might be a good idea for the City Council to set some standards to how late an item may be added to the agenda. He said he would prefer to be given more time to study each agenda item. Council Member Lee asked if the item is not included in the packet, should it not be considered. Council Member Terway answered that smaller items may not be a problem to consider on short notice, but larger items should be able to be considered more carefully. Council Member Lee agreed that items should be able to be considered in advance. Mayor Capra said the developer agreements should be sent earlier. Council Member Lakso said she would prefer items not to be emailed, and likes the use of red or other colored changes to be indicated in the document. Council consensus was to have items added to the agenda and minimize last minute changes to small items only. Page 5 of 9 City of Centerville Council Meeting Minutes November 9, 2005 3.Consider adjustment of park dedication fees industrial use for B and R properties 1/2 acreage unusable due to flood plain. Mr. Larson presented information on the B and R property and the amount of land required by the Rice Creek Watershed District to be set-aside as wetlands. The building permit considered the entire parcel for park dedication, so the developer is requesting that the dedication fees be reduced based on the determination that half of the acreage is unusable. Council Member Terway expressed his concern about making an exception for this development, but went on to say this request is reasonable. Mr. Hoeft answered the reason for exception here is that the Watershed District, as a third party, has made the determination that the property is unusable. Motion by Council Member Lee, seconded by Council Member Paar to approve the park dedication for 3.9 acres based on the recommendation from the Rice Creek Watershed District. With the stipulation that the Parks and Recreation Department be made fully aware of the action of the Council. All in favor. Motion carried unanimously. 4. Consignment of 2004 Chevrolet Dump Truck. Mr. Larson presented that the 2001 Ford was placed on ebay, but this truck did not sell. Council Member Paar asked what that bids were on ebay. Mr. Larson answered the highest bid was $28,000. Council Member Lee asked if the City would be taking a large loss on this vehicle. Mr. Larson said the City would be within the planned margin of loss if this truck was sold at around $33,000. He also said this truck is specialized enough that it takes a long time to find the right buyer. Council Member Paar said he is in favor of replacing the trucks every few years, so that resale does not create further losses. Mayor Capra asked what percentage would be made by the consigner and how long the obligation to sell would remain. Mr. Larson said the consignment takes 4% and the contract lasts 30 to 45 days. Motion by Council Member Terway, seconded by Council Member Paar to approve the consignment of the truck for the term of the submitted agreement. All in favor. Motion carried unanimously. VIII. OLD BUSINESS – CONTINUED Page 6 of 9 City of Centerville Council Meeting Minutes November 9, 2005 2. 1601 LaMotte Drive (Update) Mr. Larson said a purchase agreement would be provided within 60 days and closing would be scheduled soon thereafter. Council Member Lee asked if the fence could be removed once the purchase agreement is received. Mr. Hoeft answered the fence should remain until the closing. Mayor Capra asked if the seller could be required to certify that no toxic materials have been stored on the site. Mr. Hoeft answered the seller is only required to disclose what they know. Council Member Paar thanked the Mayor and Mr. Larson for all of their work on this issue. Mayor Capra suggested that the Parks and Recreation Department consider names for this parcel prior to spring. Perhaps a citywide contest to celebrate the sesquicentennial. No action needed. 1. Personnel Policy-Resolution #05-053 (Page 124-171) Mayor Capra asked if required sensitivity training was included in the Policy. Mr. Larson answered no. Mayor Capra suggested that an annual review of the policy be required, as it has been recommended by the City Attorney. There was discussion on ways to implement the annual review practice. Council Member Lee asked if the policy had any conflicts with union requirements. Mr. Larson answered no. Council Member Paar asked how the work breaks were defined and included in the policy and was directed to Section 6.4 of the policy. In response to the sensitivity training issue, Mr. Hoeft explained that the policy is adequate, but additional training could be required annually, or as part of the employee review process. Council Member Paar suggested that employees be required to sign an affidavit of receiving annual sensitivity training. Mr. Larson suggested that staff consult the League (of Cities) as to how best to deal with this issue. Page 7 of 9 City of Centerville Council Meeting Minutes November 9, 2005 Motion by Council Member Terway, seconded by Council Member Lee to approve Resolution 05-053, and to repeal all previous personnel policies. All in favor. Motion carried unanimously. IX. ANNOUNCEMENTS/UPDATES 1.City Administrator, Mr. Dallas Larson There was none. 2. Downtown Redevelopment Planning-Anoka County Library Branch Mayor Capra presented postcards were sent out which includes information about on site childcare provided for meeting attendance. Mr. Larson said the developer has been looking into some public facilities within the development, and plans could include a library. Staff will contact the County about the guidelines for library development. 3. Mr. Duane Thein-Book Donation Mayor Capra presented a book donated to the City of Centerville and explained that the books owned by the City are not lent out to residents, but all citizens are encouraged to come to City Hall to view any book owned by the City. 4. January Council Goal Setting Mayor Capra said it was good last year for the Council to get together outside of a meeting and the meeting usually takes place on a Saturday. Council Member Lakso suggested January 7, 2006 as a possibility. Council Member Terway suggested January 14, 2006, because it is further away from the holidays. Council consensus was to hold the goal setting meeting on January 14, 2006 and to direct staff to find a proper facilitator for the event. 5. Successful Completion of Tobacco Sales Compliance Check (Page 173) Council Member Lee congratulated the area businesses that passed the inspections. 6.Correspondence Council Member Lakso gave an update on the Parks and Recreation Department. Vacancy/ monument signs/ and the vandalism issues at the skate park. Page 8 of 9 City of Centerville Council Meeting Minutes November 9, 2005 7.Finance Director Mayor Capra expressed her gratitude for the work of Mr. Meyer. Council Member Lee echoed his approval. 8.Planning and Zoning Updates Council Member Terway gave an update on the activities of the Planning and Zoning Commission. They are taking on the issue of decorative bridges and adult content on private property. XI. ADJOURNMENT Motion by Council Member Terway, seconded by Council Member Lee to adjourn the November 9, 2005 City Council Meeting at 8:15 p.m. All in favor. Motion carried unanimously. Transcribed by: Nicole Wocelka, Recording Secretary TimeSaver Off Site Secretarial, Inc. 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