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HomeMy WebLinkAbout2010-01-13 CC - Set AgendaCITY OF CENTERVILLE ervi�fe COUNCIL MEETING AGENDA, Wednesday, January 13, 2010 6:30 p.m. or shortly thereafter SET AGENDA OPEN FORUM 6:30 p.m.: An opportunity for members of the public to address the City Council on items not on the current agenda. Items requiring Council action may be deferred to staff or Boards and Commissions for research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you conduct yourself in a professional, courteous manner, and refrain from the use of profanity. Failure to abide by this policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a sign -up sheet and give it to the Mayor or a Staff person by 6:15 p.m. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call Il. PUBLIC HEARING(S) III. APPROVAL OF AGENDA IV. APPROVAL OF MINUTES 1. December 29, 2009 City Council Meeting Minutes (Pages 1 -11) V. CONSENT AGENDA 1. City of Centerville December 30, 2009 through January 13, 2010 Claims (Check # 25075 - 25099) & (Check #25101— 25111) (Pages 13 -14a) 2. Centennial Fire District Claims through January 4, 2010 (Check #4117- 4128) (Page 15 -16) 3. Centennial Lakes Police Department Claims through December 28, 2009 (Check #7601- 7579) (Page 17 -18) 4. Successful Performance Review & Completion of Probationary Period Mr. Mike Jeziorski, Finance Director — from Step 2 to Step 3 VI. AWARDS/PRESENTATIONS /APPEARANCES Ms. Lori Bambeck, Centerville Lions — Letter of Support (EAA -Young Eagle Rally) (Pages 18a -181) VII. OLD BUSINESS Res. #10 -OXX — Resolution Authorizing Condemnation of Private Property for Public Trail & Sidewalk Easements (Pages 18m -18o) VIII. NEW BUSINESS 1. Anoka County Residential Recycling Program Participation Agreement (Pages 19 -34) 2. Bonestroo Rate Structure for 2010 (Pages 35 -38) 3. EAA- Young Eagle Rally Letter of Support 4. NATOA Letter of Support (Pages 38a -38f) IX. ANNOUNCEMENTS/UPDATES 1. City Finance Director, Mike Jeziorski X. ADJOURNMENT "REMINDERS" City Hall Will Be Closed on January 18, 2010, All Day Parks & Recreation Committee Meeting — February 3, 2010, 6:30 p.m. Council Chambers Planning & Zoning Commission Meeting — February 9, 2010, 6:30 p.m. Council Chambers City Council Meeting — January 27, 2010, 6:30 p.m. Council Chambers City Council & Work Session — February 10, 2010, 6:30 p.m. Council Chambers Utility Billing will be going out on January 15, 2010 for the months of October, November & December, 2009. They will be due on February 15, 2010. a teryiffe L I"i" A.d ,ri" CITY OF CENTERVILLE *Check Summary Register© JANUARY2010 - UPDATE 10100 MAIN STRI Paid Chk# 025101 Paid Chk# 025102 Paid Chk# 025103 Paid Chk# 025104 Paid Chk# 025105 Paid Chk# 025106 Paid Chk# 025107 Paid Chk# 025108 Paid Chk# 025109 Paid Chk# 025110 Paid Chk# 025111 Paid Chk# Name :ET BANK CHASE, RICHARD CORNER EXPRESS DEPT. OF EMPLOYMENT & GOVERNMENT FINANCE MARATHON ASHLAND MENARDS - FOREST LAKE MINNESOTA POLLUTION NATIONWIDE RETIREMENT POSTMASTER QWEST SONICWALL BI- WEEKLY ACH Check Date Check Amt 01/13/10 11:25 AM Page 1 1113/2010 $51.20 REIMBURSE FOR SUPPLIES PURCHAS 1113/2010 $622.18 FUEL 1/1312010 $4,297.80 UNEMPLOYMENT BENEFITS - J. MCP 1/1312010 $50.00 EIC & WENKNFB - BOOKS 1113/2010 $805.08 FUEL 1/13/2010 $16.38 SUPPLIES 1113/2010 $332.00 R. CHASE COLLECTION SYSTEM OPE 1/13/2010 $400.00 DEF COMP W/H PAY PERIOD 1 1/13/2010 $464.31 4TH QTR UTILITY BILLING POSTAG 1/13/2010 $56.21 651- 426-6579 SERV THRU 1 -31 -10 1113/2010 $122.76 DYNAMIC SUPPORT FOR SONICWALL 117/2010 $19,269.46 Pay Period 1 Total Checks $26,487.38 Note: Check #25080 has been voided. There was a printer error and printed twice. I lulu,, TO: Honorable Mayor & Council Members FROM: Staff SUBJECT: FAA Benson 745 (Young Eagle Rally) — In Conjunction with Ice - Fishing Contest DATE: January 13, 2010 The Centerville Lions representative, Ms. Lori Bombeck, met with Captain Nelson (CLPD), Lieutenant Joe Bibeau (CLFD), Deputy Sink (Anoka County Sheriffs office) and several members of the EAA Benson 745 Airport (Pilots). The Lions are looking for Council's support in this event. The Anoka County Sheriffs Office is also looking for Council's support and the support of the City of Lino Lakes' Police Department prior to issuance of a permit. Lieutenant Bibeau and Sergeant Nelson have given their respective organizations blessings and volunteers. Staff requested that residents on Mound Trail be notified of the event either by mail, in person (in the evening during the week or during the day on a weekend), or with a flyer prior to the event. Staff also requested that the City be notified on Friday (February 19, 2010), whether the event will happening. Council should be aware that this event could be cancelled due to weather factors that would not be known until one hour prior to the event. Staff recommendation would be to forward to the Lions a letter of support outlining their support if the following criteria is met: • Proper permit(s) issued by the Anoka County Sheriffs Office w /no parking on the lake • Notification of residents along Mound Trail either by mail, flyer or in person • Fire Department approval and volunteers are provided in an amount to ensure safety of participants, residents and spectators • Police Departments (Centennial & Lino Lakes) approval and volunteers are provided in an amount to ensure safety of participants, residents and spectators • Safety cones or snow fencing will be provided by the Lions to ensure safety areas associated with landing and taking off of the airplanes • Notification/approval of Anoka County Parks for parking (Wargo Nature Center) /D 4-1 Centerville Lions together with EAA Benson 745, are requesting approval to conduct a Young Eagle Rally (free plane rides) during the annual Ice Fishing Contest. Permits have been applied for. The City of Centerville, Anoka Co, Centennial Police, Centennial Lakes Fire had the opportunity to review the plan of the Rally, ask questions, and offer suggestions, of the Lions & EAA. The city has requested that residents be notified by mail or flier of the event. The City of Lino Lakes will be notified, and requested to submit a letter, as such. Further updates may be requested and will be dealt with accordingly and promptly. Final plan to complete Rally will be given to the city Friday February 19` Lorie Bombeck Centerville Lions / 4e4v 612 - 990 -0523 d l / " ' DO N � n � -< � O O =;w CD CD —• n o = #=-I- CD m =' �- c 0) m g = o CD CD 0' 00 = _ cn o CD rn CD _. 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CS P7 O C� O L CD r--f e-+ CD 0 cn mo O W �- Cn CL CQ CD 3 Cn /J"/-- CD o' v a CD X _ CD CD CD 0 0 CD CD CD r o' 1 90 W 0 m 4 CD U 0 0 CD E CD (n 0 /OlIz CITY OF CENTERVILLE ANOKA COUNTY, MINNESOTA Res. #10 -0 RESOLUTION AUTHORIZING CONDEMNATION OF PRIVATE PROPERTY FOR PUBLIC TRAIL AND SIDEWALK EASEMENTS WHEREAS, the City Council of the City of Centerville does hereby determine that it is necessary and for a public use and purpose to acquire easements over the properties described on the attached Exhibit "A" ( "Property") for public utility and drainage easements and temporary construction purposes in connection with Trail Enhancement Project; and WHEREAS, City staff and consultants have made offers to acquire the public easements over the Property from the owners of the Property; and WHEREAS, the City Council finds that the need for the Project and construction conditions related to the Project make it necessary to acquire the easements to, and possession of, the Property as soon as possible in order for the Project to proceed in an efficient, cost effective and expeditious manner. NOW, THEREFORE, be it resolved by the City Council of the City of Centerville, Minnesota: 1. That the City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statute Chapter 117 to acquire the real property interests described on the attached Exhibit "A" if City staff and consultants are unable to acquire said real property interests through direct negotiation. The monetary amounts in Exhibit "A" are found to be the approved appraisal amount values for the real property interests described therein. 2. That the City Attorney is authorized to acquire the necessary real property interests pursuant to the "quick take" provisions of Minnesota Statutes § 117.042. 4 m 3. That the Mayor and the City Administrator are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property interests. PASSED AND ADOPTED by the City Council of the City of Centerville this day of January, 2010. Mayor, Mary Capra Attest: City Clerk, Teresa Bender d/L EXHIBIT A Easement $4,900.00 233122230023 $10,800.00 Number Owner Name Address Type of Property 8 Chee and Kong 6908 Sumac Ct Residential 233122240036 Thao 233122240035 I $410.00 233122240034 MSSP Centerville, Creative Kids Day Care, I $1,610.00 ( I 12 LLC 1980 Center Street Commercial 13 R &R Leasing No address assigned Vacant Church SL 1 14 Genevieve 7087 Goiffon I Institutional Richard and Linda 15 p . ulsen 1764 Main St I Residential Magill Properties, 1990 Main St 7091 -7097 16 Inc 20TH AVE. Commercial II 17 !I Paul Steffel )ll 1709 Main St I Vacant 18 Magill Properties, 7124 Centerville Rd. Residential li John and Julianne 19 Belden 7056 Centerville Rd. Residential 20 James H Smith 7064 Centerville Rd. Residential 21 David D Fisher I 7072 Centerville Rd. I Non - homestead resid Ind Schol District SCHOOL PROP. Adj. to 22 #12 7124 Centerville Rd. Vacant Christine and 23 Joseph Highland 1680 HeritageSt. Residential II 24 I 1688 Heritage St I Residential ( 111 Beth Wasiloski 25 Mathew & Brittany ' 7046 Centerville Rd Residential Rivard Appraisal PID # Amount 233122410013 $250.00 233122410006 $8,770.00 233122440007 $4,900.00 233122230023 $10,800.00 233122240002 I $2,950.00 233122140018 I I $11,350.00 t 233122210025 $2,380.00 233122210024 I $2,640.00 233122240036 I $2,620.00 233122240035 I $410.00 233122240034 I $660.00 233122210023 I $1,610.00 233122230048 233122230046 233122240010 $590.00 $270.00 $990.00 /Yo M ACTION REOUESTED From: Ken Fellman, President Matt Johnson, NATOA Legal Fellow To: NATOA Members Date: January 6, 2010 .. .J RE: Template for Response to NATOA Petition for Reconsideration on CTIA Petition Action Reauested NATOA members are asked to file comments at the FCC in support of local government's Petition for Reconsideration of the FCC's tower siting order. As you can see in the attached template for such comments, we do not need you to argue any legal points, but simply to offer the Commission day to day operations insights as to why their 30 day deadline for finding an application is incomplete or not workable. Introduction On November 18, 2009 the Federal Communications Commission (FCC) released a Declaratory Ruling ( "Order ") on CTIA's Petition requesting the FCC implement a "shot clock" for local zoning authorities to take final action on a wireless facility siting application. A detailed analysis of the Order may be found here, but in summary the Commission provides that a local government must act within 90 days for collocations and 150 days for all other applications and that a local authority has only 30 days from the initial application submission to request additional information and "toll" the shot clock while waiting for that information. After 30 days, the authority may still request additional information, but it loses the ability to "toll" the shot clock and the applicant gains the incentive to delay in its compliance with local government requests. On December 17, 2009, NATOA, joined by the National League of Cities, the National Association of Counties, the United States Conference of Mayors, and the American Planning Association, filed a Petition for Reconsideration with the Federal Communications Commission (FCC) focusing on the 30 day incompleteness deadline. NATOA's Petition asserted that the FCC exceeded its own interpretation of its legal authority under Section 332(c)(7)(B) of the Communications Act because the 30 day deadline is National Association of Tetsm nicetlons Officers and Adwsers 1800 Cliagonal Road, Suite 495, Alemndna, VA 22314, (703) 519 -8035, (703) 5198036 - Fax, w -natoa.o*g aTOa anew rule not just an interpretation of an existing one.' We also asserted that the 30 day deadline will result in many practical problems that the FCC did not fully consider. On December 22, 2009, the FCC released a public notice requesting comments on NATOA's Petition. Although the notice specifically requests "opposition" to NATOA's Petition, this is also the appropriate time to express your support of our Petition to the FCC. Attached with this memorandum is a template that you can use to show your support. What will be most helpful to local government's cause is if you can share some examples with the FCC of instances where the 30 day deadline would be problematic. The more examples we can provide, the stronger our case becomes. These comments are due to the FCC no later than 5:00 pm on Friday, January 22, 2010. The comments maybe filed electronically or you may send paper copies. Make sure the filing references the Docket Number: WT Docket No. 08 -165. Please note that the recommended template does reference this Docket number already. If you want to file an electronic copy (recommended) you may do so at htto: / /www.fcc.aov /ceb /ecfs /. At this webpage, follow these directions: 1. Click on "Submit a Filing." 2. Fill out all relevant information. Do not forget the docket number (08 -165). 3. Upload your filing. Please note that you should convert the document to a PDF format before uploading. 4. Click on "Continue" 5. Verify all information and that document uploaded properly. 6. Click on "Confirm" Please note that at this point you may be brought back to the document upload screen. If you are, please click "Continue" again and on the next screen click on "Confirm" again. At this point, you should receive a Confirmation Number. Print this for your records. If you file paper copies, you must file a total of five copies (one original and four copies). Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first class or overnight U.S. Postal Service mail. All filings must be addressed as follows: Ms. Marlene H. Dortch Office of the Secretary Federal Communications Commission 445 12th Street SW Washington, D.C. 20554 ' Note that the Petition made clear that NATOA rejects the FCC's interpretation. Nonetheless, we believe that argument is best suited for parties filing in Federal Court. In this Petition, we argue that even if we accept their interpretation for the sake of argument, they were still wrong in establishing the 30 day deadline. National Association of TelecommunusGons Officers and Advisors 1800 Dugonal Road. Suite 495, Alexandria, VA Mid, (703) 519-8035, (703) 519-8036— Fax, w .natoa.org up J If you have any problems with the electronic filing or regarding anything else, please do not hesitate to contact me at miohnsonanatoa.ore or (703) 519 -8035, Ext. 202. Also, after you have filed, please send me a copy of your filing for NATOA's records and so that we can most effectively draft NATOA's response to the likely opposition to our Petition. Nawnal As Iaaon of Tele rnunx:aauns Offio and Adnsom 7800 Dragonal Road, Su4a 495. Alexer". VA 22314,1703) 5198035,1703) 519 -8036 - Fax, N ,naloa_org Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Siting Review and to Preempt under Section 253 State and Local Ordinances that Classify All Wireless Siting Proposals as Requiring a Variance WT Docket No. 08 -165 } 1 COMMENTS FROM CITY OF CENTERVILLE MEMBER OF THE NORTH METRO TELECOMMUNICATION COMMISSION IN SUPPORT OF NATOA ET AL PETITION FOR RECONSIDERATION City of Centerville, member of the North Metro Telecommunications Commission submits these comments in support of the Petition for Reconsideration or Clarification filed by the National Association of Telecommunications Officers and Advisors, the United States Conference of Mayors, the National League of Cities, the National Association of Counties, and the American Planning Association. L BACKGROUND The Petition asserted that the Federal Communications Commission ( "Commission ") should reconsider, or at a minimum clarify, the 30 day deadline imposed on local authorities to review an application for completeness or waive their ability to I In the Matter of Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Siting Review and to Preempt under Section 253 State and Local Ordinances that Classify All Wireless Siting Proposals as Requiring a Variance, Petition for Reconsideration or Clarification, WT Docket No. 08 -165, filed Dec. 17, 2009 (Petition). JYJ "toll" the 90 day or 150 day deadlines established by the Order to take final action on a wireless facilities siting application. The Petition cites both legal and practical problems that require reconsideration of the 30 day deadline. City of Centerville, member of the North Metro Telecommunications Commission fully supports and agrees with the Petition's legal analysis and believes that the Commission exceeded even its own interpretation of its authority under Section 332(c)(7). We believe that this internal 30 day deadline is a new limitation placed on local zoning authorities by the Commission and not simply an interpretation of Section 332(c)(7). As such we fully adopt the Petition's legal arguments against the 30 day deadline. We submit these comments separately to provide the Commission with examples of how the 30 day deadline will impact local governments, such as City of Centerville, member of the North Metro Telecommunications Commission, in practice. II. EXAMPLE (S) OF PRACTICAL PROBLEMS WITH 30 DAY INCOMPLETENESS DEADLINE Co- location of antenna requires review by City /Zoning Administrator and our Building Official - if insufficient paperwork or inadequate communications between the entities occurs, this could hinder our ability to appropriately address and protect our community's wellbeing and safety to our residents. The State of Minnesota requires a 60 review period associated with zoning issues - if zoning were involved for tower site(s), legal notices, review time, insufficient 2 In the Matter of Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Siting Review and to Preempt under Section 253 State and Local Ordinances that Classify All Wireless Siting Proposals as Requiring a Variance, Declaratory Ruling, WT Docket No. 08 -165, FCC 09 -99 (Nov. 18, 2009) ( "Order "). jy e- documentation, etc. the City very well would exceed the 30 day mark and incur legal expenses associated with its protection and that of the public. I11. CONCLUSION In conclusion, we support the Petition and urge the Commission to reconsider or clarify the Order as to the 30 day review for incompleteness deadline. Respectfully submitted, Supported by the City Council of Centerville, January 13, 2010. Mary Capra, Mayor ATTEST: Teresa Bender, City Clerk