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Home My WebLink About2010-01-27 CC - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING January 27, 2010 6:35 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on January 27, 2010, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Linda Broussard Vickers Council Member Ben Fehrenbacher Council Member Jeff Paar Council Member D. Love ABSENT: None STAFF: City Administrator Dallas Larson City Attorney Kurt Glaser City Engineer Mark Statz I. CALL TO ORDER Mayor Capra called the January 27, 2010, City Council meeting to order at 6:35 p.m. II. PUBLIC HEARING(S) None. III. APPROVAL OF AGENDA Mayor Capra made the following additions to the Agenda: Consent Agenda, Item 1, added page 6a, Checks #25134 – 25145 New Business, Item 1, added page 10a, Liability Coverage Motion by Council Member Love, seconded by Council Member Paar to approve the agenda as amended. All in favor. Motion carried unanimously. IV. APPROVAL OF COUNCIL MINUTES 1.January 13, 2010 Council Meeting Minutes City of Centerville Council Meeting Minutes January 27, 2010 Motion by Council Member Fehrenbacher, seconded by Council Member Paar to approve the January 13, 2010 Council Meeting Minutes as presented. All in favor. Motion carried. Council Member Broussard Vickers abstained. V. CONSENT AGENDA 1.City of Centerville January 14, 2010 through January 27, 2010 Claims (Check #25112 – 25133) & (Check #25134 – 25145) 2.Centennial Fire District Claims through January 19, 2010 (Check #4129 – 4146) 3.Centennial Lakes Police Department Claims through January 14, 2010 (Check# 7602–7636) Motion by Council Member Paar, seconded by Council Member Love to approve the Consent Agenda as amended. All in favor. Motion carried unanimously. VI. AWARDS/PRESENTATIONS/APPEARANCES 1. Sergeant Aldridge Updates Sergeant Aldridge appeared to give updates to the City Council. The Council thanked Sergeant Aldridge for the Police Department update. Councilmember Paar asked if there was an update on the break in at Peltier Lake Drive. Sergeant Aldridge replied that there was no update and the incident is currently under investigation. VII. OLD BUSINESS 1.Resolution #10-003 – Order of Succession City Attorney Glaser reviewed the information on the Order of Succession. City Council discussed the information with the consensus being to adopt the Order of Succession as presented by Staff. Motion by Council Member Paar, seconded by Council Member Love to adopt Resolution #10003, Resolution Appointing Acting Mayor and Order - of Succession as presented. All in favor. Motion carried unanimously. VIII. NEW BUSINESS 1. Liability Coverage Page 2 of 5 City of Centerville Council Meeting Minutes January 27, 2010 City Administrator Larson reviewed background information on the Liability Coverage from the League of Minnesota Cities Insurance Trust stating cities must decide whether or not to waive the statutory tort liability limits to the extent of the coverage purchased. Motion by Council Member Fehrenbacher, seconded by Council Member Paar to authorize that the City does not waive the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. All in favor. Motion carried unanimously. IX. ANNOUNCEMENTS/UPDATES City Administrator Dallas Larson 1.Insurance Renewal City Administrator Larson reported that the City is in the process of renewing its insurance on March 1, 2010. Staff has sent out a solicitation for a new insurance agent contract for the upcoming year with the option that the City could extend the contract for an additional four years. Motion by Council Member Broussard Vickers, seconded by Council Member Paar to authorize Staff to accept insurance agent proposal with the most qualified company at the lowest cost. All in favor. Motion carried unanimously. 2.Sidewalk Cleaning City Administrator Larson reported Staff has sent out a number of notices regarding the residents cleaning their sidewalks. The City has also had to clean a number of sidewalks that haven’t been kept clear. Mayor Capra noted her concerns with the latest storms. She stated with the snow and freezing rain, City bobcats cannot clear down to the concrete because of the ice. She noted circumstances such as where the City trucks plow snow onto resident sidewalks and then the City is to clear those. She feels the City shouldn’t assess back the fees at this time, asking Staff to review the policy of other cities and for the City ordinance to be reviewed at a future work session. Councilmember Broussard Vickers questioned when the City would then assess fees, asking what is a reasonable time to do so? Councilmember Love suggested that the Planning and Zoning Commission also review the ordinance. Page 3 of 5 City of Centerville Council Meeting Minutes January 27, 2010 Councilmember Paar stated there are always exceptions that arise, which is one of the problems with the ordinance. He added that no matter what the City does, there is the matter of enforcing the ordinance and the cost of Staff time to add minimal fines to residents’ property taxes. The City Council discussed unwritten exceptions that the City currently handles, sidewalks that abut the curbing, who is ultimately responsible for cleaning the sidewalks, where the liability would lay, resident notifications with suggestions such as sanding, what the cost would be to the City if the City were to clean them and assessing the residents that choose not to keep their sidewalks clear. It was also suggested to place signs in the early winter and add notifications to the website, City paper, and newsletter. After discussion, it was determined that Staff would continue to seek compliance with the Code requirements for clearing sidewalks and will report back on special assessments and present to City Council in the future for consideration. 3.Server Upgrade City Administrator Larson reported Staff is moving forward with the City’s server upgrade. Equipment will be ordered shortly and installed within the next few weeks. 4.Coal Tar Sealer Ordinance City Administrator Larson reported the City has received notice from the State of Minnesota, which requires the City to update its ordinance prohibiting coal tar sealers that are currently used on driveways. The product is reported to “flake” and pollute ponds. 5.Work Session City Administrator Larson suggested topics of discussion for the February 10, 2010 work session to include the following: downtown drainage project, trail project, goals, non-conforming use requirements and sidewalks. X.CLOSED EXECUTIVE SESSION – PENDING LITIGATION 1. Pending Litigation At 7:15 p.m., Mayor Capra recessed the Regular Meeting to Closed Executive Session to discuss Pending Litigation. Present were Mayor Mary Capra, Council members Linda Broussard Vickers, Ben Fehrenbacher, D. Love and Jeff Paar. Also present were Administrator Dallas Larson and Kurt Glaser, City Attorney and engineer Mark Statz. The purpose of Page 4 of 5 City of Centerville Council Meeting Minutes January 27, 2010 the closed meeting was to discuss pending litigation regarding condemnation of easements for the trail project. Dallas Larson reported on the discussions with St. Genevieve Church Council. Attorney Glaser reported on his discussions with Attorney Lang representing the owner of the day care center at 1980 Center Street. By consensus, the attorney received guidance on how to proceed with settling the two cases. It was reported that Gerald Rehbein has agreed to provide the easement as has Christine Highland. There are four parcels remaining from which to secure easements. The meeting was reopened to the public at 8:20 p.m. Attorney Glaser reported that the only business discussed during the closed session was the litigation relating to securing easements for the trail project XI. ADJOURNMENT Motion by Member Paar, seconded by Member Broussard Vickers to adjourn the January 27, 2010 City Council Meeting at 8:21 p.m. All in favor. Motion carried unanimously. Mayor Capra adjourned the January 27, 2010, City Council Meeting at 8:21 p.m. Transcribed by: Rochelle Russo, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 5 of 5