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HomeMy WebLinkAbout2009-08-12 CC - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING August 12, 2009 Pursuant to due call and notice thereof, the City of Centerville held its regularly scheduled meeting on August 12, 2009, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Linda Broussard Vickers Council Member Ben Fehrenbacher Council Member Tom Lee Council Member Jeff Paar STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz I. CALL TO ORDER Mayor Capra called the August 12, 2009, City Council Meeting to order at 6:30 p.m. II. PUBLIC HEARING None III. APPROVAL OF AGENDA Mayor Capra made the following additions/changes to the Agenda: V. Consent Agenda, Item 1, added: Page 9a VI. Awards/Presentations/Appearances, added: Item 1 Anoka County Commissioner Rhonda Sivarajah VI. Awards/Presentations/Appearances, added: Item 2 Mr. Paul Lund VIII. New Business, added: Item 9 Sexual Offender Amendment to Chapter 30 IX. Announcements/Updates, added: Item 3 Fire & Steering Committee Updates IX. Announcements/Updates, added: Item 4 Update on 8K Run and Festival Motion by Council Member Lee, seconded by Council Member Paar, to approve the August 12, 2009, City Council Meeting Agenda as amended. All in favor. Motion carried unanimously. IV. APPROVAL OF MINUTES 1.July 22, 2009, Council Meeting Minutes Page 1 of 11 City of Centerville City Council Meeting August 12, 2009 Mayor Capra made the following change to the Minutes: Page 7 of 8, first paragraph under Item 4, changed last sentence to read: “She stated that this could discourage businesses from moving to Centerville.” Councilmember Fehrenbacher made the following change to the Minutes: Page 3 of 8, first paragraph on the page was changed to read: “Councilmember Fehrenbacher asked for clarification regarding the ratio of 5-1 warnings vs. tickets.” Motion by Council Member Broussard Vickers, seconded by Council Member Paar, to approve the July 22, 2009, City Council Meeting Minutes, as amended. All in favor. Motion carried unanimously. V. CONSENT AGENDA 1.City of Centerville July 23, 2009, through August 12, 2009, Claims (Check #24585-24655 and Check #024618-026619 Manual Checks) 24656-24672 2.Centennial Lakes Police Department Claims through July 23, 2009 (Check #7367-7377) Ck #7341 Voided 3.Centennial Fire District Claims through August 3, 2009 (Check #3856-3873 & 3882-3895) (Check #3874-3881 Payroll) 4.Request for Encroachment Agreement (Retaining Wall in Rear Yard), Mr. & Mrs. Jerry Francois, 1735 Dupre Road Motion by Council Member Lee, seconded by Council Member Paar, to approve the Consent Agenda as presented. All in favor. Motion carried unanimously. VI. AWARDS/PRESENTATIONS/APPEARANCES 1. Anoka County Commissioner Rhonda Sivarajah – Zumbro House Issue Anoka County Commissioner Sivarajah addressed the citizens in attendance and advised that Zumbro House had purchased a foreclosed home in Centerville and it would be housing up to 4 child/adult foster placements in September. Commissioner Sivarajah voiced her frustration about the lack of information and communication regarding this issue. She stated that she was only recently made aware of what was occurring. Commissioner Sivarajah explained that the State made a decision to close large institutions, which left four options for the residents of the institutions: ? Live with family, with personal care attendants ? Family Foster Homes ? Corporate Foster Care, with staff on duty 24 hours ? Intermediate Care Facilities, which can house more residents Commissioner Sivarajah advised that the State Legislature made a moratorium on opening new foster care homes and went to various providers throughout the State, indicating that there is a need for these Page 2 of 11 City of Centerville City Council Meeting August 12, 2009 facilities. She added that if a provider wants to open a facility, they do not need a variance or approval from the City. The State has the control and the City is innocent in this situation. Commissioner Sivarajah stated that, if the County wants to open facility in their County, they need to make sure they have met all the requirements in that statute. If they meet the requirements, the license will be issued and they will open in September. She added that the City cannot tell them they do not want this type of facility. Commissioner Sivarajah continued that the County; however, has control over who from Anoka County is allowed to go into that facility and the County will be looking at each case very carefully. Commissioner Sivarajah stated that the law rests with meeting the licensure requirements. The licensure does not allow Level 1 or 2 sex offenders in the facility. They would have to go through a licensure change to allow that. Anoka County has no local recourse other than screen who is placed in the facility. Commissioner Sivarajah concluded by saying she was not appreciative of the lack of communication. She stated that she learned that Zumbro House is ready to close on Dupre Road and will house people with mental illnesses. Commissioner Sivarajah stated that City Attorney Glaser would cover some of the legal aspects. Mayor Capra inquired whether Anoka County would be interested in holding a meeting with the residents of Centerville. Commissioner Sivarajah replied that yes, they would be interested. She stated that they could have a representative from Zumbro House there as well. City Attorney Glaser stated that this just came to the City’s attention the previous Friday. He stated that he would review the facts and law with the meeting attendees and let them know the City’s options. He discussed the following: ? The Head of Anoka County Human Services and the head of Zumbro House stated that there would never be any registered sex offenders in the house; however, there would be residents in the facility who have sexual issues. ? There will be a total of two facilities. The Hunters Ridge facility is all but approved. Hunters Ridge (1689 Hunters Trail) will have a dual license for both Adult and Child Foster Care, for those with disabilities. The residents of the House would have a known mental health history and deemed to be non-dangerous and not a threat to the community. ? The House will house four individuals on a long-term basis, and they will be attending Centennial schools. ? More information will be provided to the Centerville residents. If there is any type of issue, the Centerville residents can make a complaint. If there are serious issues, the facility may be shut down. ? If Zumbro House meets the criteria, the State is required to give them a license. ? According to Anoka County, this will be reviewed by their staff. They stated that the residents of the home would not have a history of dangerous behaviors and there would be no registered sex offenders. ? The House would have staff on duty 24/7. ? Currently, there are nine individual Foster Care Homes in Centerville. Page 3 of 11 City of Centerville City Council Meeting August 12, 2009 ? Zumbro House has two houses that do have sex offenders. City Attorney Glaser would want the City Council to monitor this to make sure Zumbro House’s licenses never change and that they never allow individuals with sexual issues to reside in the City. Councilmember Lee stated that he sees this as a deliberate attempt to get the houses open as quietly and quickly as possible. He stated that the City Council should be able to make a formal complaint. Councilmember Fehrenbacher stated that he would like to know what elected officials made this decision. City Attorney Glaser stated that Mr. Bill Pinsonnault, Mr. Dave Podman and Mr. Jerry Peterson were the decision makers who felt there was a need for these types of facilities in Anoka County. 2. Mr. Paul Lund –Zumbro House Issue (On Behalf of the Citizens) Mayor Capra stated that Mr. Paul Lund would address the Zumbro House issue on behalf of the citizens. Mr. Lund stated that with this house in their neighborhood, the citizens would not be able to let their children run the neighborhood. Individuals with sexual, aggressive, violent and inappropriate behavior would not be a good fit for their neighborhood. Mr. Lund also stated that the basement had been flooded in the home Zumbro purchased, and there is a stink in the house. The grade is tilted toward the foundation and there could be mold. He suggested that the City check to make sure this is safe for residents. Mayor Capra stated that a building official would check the building the next day. Mr. Lund stated that he feels the rights of neighbors have been ignored. They were given no information or public notice. He stated that many will be hurt by this and only a few will be helped. Mr. Lund stated that his last point is that the City should pass ordinances prohibiting sex offenders from being within a certain distance from schools. He added that he is grateful that the City Council will help. Mayor Capra stated that it was purely by happenstance that the City learned of this last Thursday. Commissioner Sivarajah was stunned by receiving no notification. Mayor Capra indicated that if this takes place, the Council will do the best they can but a lot will fall back on citizens for due diligence in their neighborhoods. She stated that the President of Zumbro House will have to look at the City’s Amendment to Chapter 30 regarding sex offenders. City Attorney Glaser stated that Police Chief Makela would step up patrols to provide safety for the children. Councilmember Paar stated that he lives closest, in the middle of the Dupre and Hunters homes. He stated that he always expressed his displeasure with Anoka County regarding the roads and grants, but this is unacceptable. He stated that if he, or any of the Council Members, were aware at least a month ago, they could have prepared for it. Page 4 of 11 City of Centerville City Council Meeting August 12, 2009 Councilmember Paar reassured the residents in attendance that City Administrator Larson and City Attorney Glaser are working to get answers and the Council Members will do what they can. Councilmember Paar stated that he does not know how this could be a good idea, with Centerville’s daycares and schools. He believed a home of this type should be in an industrial park or a location that is fenced. Mayor Capra stated that a lot of the questions will have to be answered by Anoka County, and Anoka County will host a meeting to address the questions. City Attorney Glaser stated that the people to talk with at Anoka County regarding concerns would be Dave Podbin, Head of Developmental Disabilities (763-422-7181) and Jerry Peterson (763-422-6912). He added that public persuasion would help. Mr. Tom Wilharber suggested that they also talk to their State Senator and Representative. City Attorney Glaser stated that there is an exception in the State Statute when it comes to residential facilities. The State law changed about 20 years ago and they now have to allow group homes up to six persons in single family residential districts. Mr. Greg Schneider stated that his family moved to Centerville one year ago and the last year has been the most positive experience. He added that nobody can assure them that nothing is going to happen and inquired as to what will happen to property values. City Attorney Glaser stated that Zumbro House’s website is meant as a PR website for people in the trade. He added that registered sex offenders would not be able to live in this area. The licensure will not change because foster care would not allow it. Mayor Capra stated that there would be no more comments on this issue. She suggested that the citizens tune into Channel 16 regarding Item 9 on the City Council’s Agenda. Mayor Capra announced that the City Council would take a 5-minute break to allow the citizens to leave and the Council would then reconvene the City Council meeting. VII.OLD BUSINESS None VIII.NEW BUSINESS 1.Res. #09-0XX – Planning & Zoning Commission Recommendation to Approve the City’s 2030 Comprehensive Plan City Engineer Statz stated that the City’s 2030 Comprehensive Plan should have been delivered to the Council Member’s homes on Monday. He reviewed some of the changes to the Comprehensive Plan with the Council Members and stated that once adopted the City would have to hold a Public Hearing to change anything in the future. Page 5 of 11 City of Centerville City Council Meeting August 12, 2009 Mayor Capra inquired whether they could delay discussion on this until the next City Council Meeting. Councilmember Paar stated that he would like to discuss high-density ratings on some areas and that the high density concerns him. He added that he does not believe it would be a good idea to have high- value property abut high-density apartments. However, townhomes or a senior facility could be an option. Mayor Capra replied that she does not know where else the City would have land for high density. This is the plan to put Centerville up to its 5,000+ population. City Engineer Statz stated that there is a need for high density somewhere in Centerville. Councilmember Broussard Vickers suggested that high-density projects come to the City in a PUD fashion. Discussion ensued. Councilmember Paar stated that the land in the proposed area is damp in some spots, and they have trouble with the roads now. He inquired whether it will be able to sustain the traffic levels and added that they need to be smart on how to regulate high density. Mayor Capra stated that this will be on the next City Council meeting agenda. Motion by Council Member Lee, seconded by Council Member Paar, to table consideration of Res. #09-0XX, Planning & Zoning Commission’s Recommendation to Approve the City’s 2030 Comprehensive Plan until the next City Council Meeting. All in favor. Motion carried unanimously. 2.Parks & Recreation Committee Recommendation to Release Final Payment to Bonestroo for Engineering Services - $4,472.21 (Hidden Spring Park) City Engineer Statz reported that Bonestroo has worked to resolve issues at Hidden Spring Park and were willing to forego billing until all issues were taken care of. Since all issues are now taken care of, they are requesting the final payment. Councilmember Lee stated that the Parks & Recreation Committee agreed that all issues regarding Bonestroo had been resolved to their satisfaction. Councilmember Paar stated that the shoreline looks good and he has been told that it will get better. He inquired about what they have to assure that this will keep working. Councilmember Lee stated that the Parks & Recreation Committee felt comfortable enough to sign off on it. City Engineer Statz stated that he believes it is working quite well. Councilmember Paar stated that he appreciates Bonestroo taking responsibility and doing what had to be done. Page 6 of 11 City of Centerville City Council Meeting August 12, 2009 Motion by Council Member Lee, seconded by Council Member Broussard Vickers, to approve Parks & Recreation Committee’s Recommendation to Release Final Payment to Bonestroo for Engineering Services, in the Amount of $4,472.21 (Hidden Spring Park). All in favor. Motion carried unanimously. 3.Parks & Recreation Committee Recommendation for Installation of Irrigations System at Hidden Spring Park – Albrecht Irrigation – (Not to Exceed $6,884) Councilmember Lee stated that they have made a substantial investment in Hidden Spring Park and should keep it looking good by keeping it properly irrigated. Mayor Capra inquired whether this is budgeted. City Administrator Larson replied that it would be funded by the Parks & Recreation’s Discretionary Budget. Councilmember Fehrenbacher inquired whether it would be wise to use this money for this purpose, since 2010 may be a tough year. Discussion ensued. Councilmember Paar stated that this is a less important issue. Since it is budget time and the City is short, he did not see the need to put in sprinklers at this time Mayor Capra stated that she is not in favor of putting sprinklers in the entire park but would not be opposed to irrigating some of the area. Councilmember Broussard Vickers stated that it is almost the end of this growing season. Motion by Council Member Lee, seconded by Mayor Capra, to approve the Parks & Recreation Committee’s Recommendation for Installation of Irrigations System at Hidden Spring Park – Albrecht Irrigation (Not to Exceed $6,884). Motion failed (1/4). (Councilmember Lee voting in favor.) 4.Parks & Recreation Committee Recommendation for Treatment of Ash Trees Within Hidden Spring Park and Behind City Hall Councilmember Lee stated that he believes this would be Public Works’ responsibility. He added that the Parks & Recreation Committee are not sold on doing this or if it will work. City Administrator Larson stated that they do not just treat the trees once. They have to be treated once per year. Public Works Director Paul Palzer would say he does not have it in his budget to do this every year. Mayor Capra stated that she would be more open to treating the mature trees in Hidden Spring Park, but not those behind City Hall. Page 7 of 11 City of Centerville City Council Meeting August 12, 2009 Councilmember Paar stated that the cost to remove infected trees would be more than treating them. He inquired whether this has been an issue in Washington County or Anoka County. Councilmember Broussard Vickers suggested that they talk to the State Forestry Department and Anoka County Parks, ask their opinions, and learn from the research that they may have already done. Mayor Capra stated that this issue will be tabled until the city has more information from Anoka County and the State on the success rate for chemical treatment of Ash trees. 5.Parks & Recreation Committee Acceptance of Plans for the Trailside Park City Engineer Statz stated that the Parks & Recreation Committee endorsed the design Bonestroo came up with for the trailside park along CSAH 14. He stated that there are a few drawings in the Council Members’ packets. He described the design plans and offered to answer any questions. He added that this still falls within the budgeted amount and he would do a final estimate. Councilmember Lee stated that he believes the Parks & Recreation Committee already pulled out the items not needed at this time. Discussion ensued. Motion by Council Member Lee, seconded by Council Member Paar, to give preliminary approval to the plans for the Trailside Park. Motion carried (4/1). (Councilmember Broussard Vickers opposed.) 6.Hair & Photo Gallery, 1855 Main Street, Application for Commercial Sauna (Day Spa) Establishment License City Administrator Larson stated that Hair & Photo Gallery has met the requirements for the Establishment License. Motion by Council Member Broussard Vickers, seconded by Council Member Fehrenbacher, to approve Hair & Photo Gallery’s application for a Commercial Sauna (Day Spa) Establishment License. All in favor. Motion carried unanimously. 7.Ms. Conny Eisen-Droll’s Application for Massage Therapist Certification/License, Hair & Photo Gallery, 1855 Main Street City Administrator Larson stated that Ms. Eisen-Droll has met all the requirements for a Massage Therapist Certification/License. Motion by Council Member Lee, seconded by Council Member Broussard Vickers, to approve Ms. Conny Eisen-Droll’s Application for a Massage Therapist Certification/License. All in favor. Motion carried unanimously. 8. Private Property Owner Driveway Restoration and Replacement – 2009 Street Project (Paar) Page 8 of 11 City of Centerville City Council Meeting August 12, 2009 Residents on the road project are having part of their driveway torn up due to the street project. They would like to have their whole driveway replaced and are willing to pay the extra amount but the contractor did not want to do that. Councilmember Paar suggested the City Council discuss whether this is feasible. City Administrator Larson stated that the contractor indicated that they are not interested. Councilmember Lee suggested that the contractor back out of doing the first half of the driveways so the residents could hire another contractor to do the entire driveway. City Engineer Statz suggested a flat rate deduction from the assessment from the original contractor. Councilmember Paar stated that the residents are assuming Forest Lake Contracting would be doing the driveways. He inquired whether Forest Lake Contracting is subcontracting because if they are, he thought the subcontractor would be interested. Councilmember Broussard Vickers stated that the material would not be the same quality as the material on the street. City Administrator Larson stated that staff will obtain more information. 9.Sex Offender Amendment to Chapter 130 City Attorney Glaser stated that this is a quick order that he recommends the City Council pass during the meeting. He explained the main changes to the Council Members and that they need to put something in place before a sex offender would consider locating in Centerville. Councilmember Broussard Vickers suggested striking the phrase “in which the victim of the offense was less than 16 years of age” from Section 2, Subd. 1, as well as striking Items B. & C. from Section 3, Subd. 5. Council agreed these changes should be included. Discussion ensued. Motion by Council Member Lee, seconded by Council Member Fehrenbacher to adopt Ordinance 31, Second Series, amending City Code Chapter 130, relating to sex offenders, as prepared by City Attorney Glaser and amended by the City Council. All in favor. Motion carried unanimously. IX.ANNOUNCEMENTS/UPDATES 1.City Administrator, Dallas Larson a.Anoka County Visitor Center – Waive City Grading Permit Fee City Administrator Larson reported that Anoka County is constructing a Visitor Center and has applied for a City grading permit. Anoka County has asked if Centerville would waive the Page 9 of 11 City of Centerville City Council Meeting August 12, 2009 permit fee for. City Administrator Larson stated that since the City will be working with Anoka County Parks on other matters, this may be a good strategy. Motion by Council Member Lee, seconded by Council Member Paar, to approve waiving the City Grading Permit Fee for the Anoka County Visitor Center. Motion carried (3/2). (Councilmembers Broussard Vickers and Fehrenbacher opposed.) b.State Auditors City Administrator Larson stated that the State Auditor’s Office has completed its report and will come to next City Council meeting to present their findings. They will need about one hour on the agenda. 2. Night to Unite (Update) Mayor Capra stated that this was formerly referred to as the “National Night Out”. She reported that she attended five block parties and learned a lot. A lot of residents said the construction crews were very polite. Mayor Capra stated that she is proud that these events are growing in size. She thanked the Reserve Officers and the Centennial Fire Department for their participation. Councilmember Paar reported that Police Chief Makela, Fire Chief Jerry Streich, and Sgt. Aldridge were all in attendance. Councilmember Paar stated that the entire City deserves a round of applause. 3. Fire & Steering Committee Councilmember Paar stated that Councilmember Broussard Vickers and he attended the last meeting. He reported the following: ? The Fire District has some big changes coming up. ? Centerville is very lucky to have Fire Chief Jerry Streich. Chief Streich knew the budget would be tight, but said he would make it work, and he has. The Department is reorganizing staff positions and as a result, the Administrative Assistant was let go. The reorganization creates a position for trained firefighter who could also assist with fire calls. ? A discussion came up regarding their need for protective clothing. Over the winter, they will work on fund raising ideas. Roughly $36,000 is needed to provide the proper clothing. ? Their budget is expected to increase but it will be offset by an increase in revenues. ? The Joint Powers Agreement with the City of Roseville for technology services was approved. ? The auditor provided a 20-minute presentation and advised it was a clean audit. Councilmember Broussard Vickers stated that they are also looking at providing training opportunities that other communities could attend at a cost. This would provide revenue for the Department. Councilmember Paar stated that their budget will be on the next City Council agenda. 4.Update on 8K Run and City Festival Councilmember Lee reported the following on the City Festival: ? Due to weather, the Walk/Run was postponed on several occasions. ? There were approximately 140 registered runners. Page 10 of 11 City of Centerville City Council Meeting August 12, 2009 ? He thanked the 58 volunteers, in addition to the volunteers that the Lions recruited. Several volunteer were from other communities. ? He thanked fellow Council Members and local businesses. ? The Parade cost the City $950-$1,000. ? One-half hour after the parade was cancelled, it turned out to be a beautiful day. However, most of the people had already left. Mayor Capra stated that the fireworks went off because they were already armed and ready to go. She stated that it would have been more dangerous to disarm them. She added that even though it was a disaster weather-wise, those who participated had a great time. She thanked all the volunteers who helped with the event. Councilmember Paar expressed his appreciation for the hard work and dedication of Councilmember Lee and race/walk organizer Mr. Patrick Branch, Parks & Recreation Committee member. Councilmember Paar congratulated Nicolas Valento, age 7, who completed the run from start to finish. X.ADJOURNMENT Motion by Council Member Broussard Vickers, seconded by Council Member Paar, to adjourn the August 12, 2009, City Council Meeting. All in favor. Motion carried unanimously. Mayor Capra adjourned the August 12, 2009, City Council Meeting at 9:45 p.m. Transcribed by: Bonita Kaska, Recording Secretary TimeSaver Off Site Secretarial, Inc Page 11 of 11