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Home My WebLink About2010-03-10 CC - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING March 10, 2010 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting on March 10, 2010, at City Hall, 1880 Main Street. PRESENT: Mayor Mary Capra Council Member Linda Broussard Vickers Council Member Ben Fehrenbacher Council Member D. Love ABSENT: 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 March 10, 2010, City Council meeting to order at 6:30 p.m. II. PUBLIC HEARING(S) None. III. APPROVAL OF AGENDA Mayor Capra made the following additions/corrections to the Agenda: Consent Agenda, Item #1, added Page 6a, (Check #25239-25252) Old Business, added Item #2, Trail Easement (Attorney Update) New Business, added Item #4, Pages 10a-10c, Resolution #10-0XX – Abatement of Special Assessments (Fund #84120)Associated with PIN #R26-31-22-22-0049 & the rd Hunters Crossing 3 Addition Announcements/Updates, added Item #2, Fire Steering Awards Banquet (Councilmember Broussard Vickers) City of Centerville Council Meeting Minutes March 10, 2010 Motion by Council Member Love, seconded by Council Member Fehrenbacher to approve the agenda as amended. All in favor. Motion carried unanimously. IV. APPROVAL OF COUNCIL MINUTES 1.February 24, 2010 City Council Meeting Minutes Motion by Council Member Broussard Vickers, seconded by Council Member Fehrenbacher to approve the February 24, 2010 City Council Meeting Minutes as presented. All in favor. Motion carried unanimously. V. CONSENT AGENDA 1.City of Centerville February 25, 2010 through March 10, 2010 Claims (Check #25216 – 25252) 2.Centennial Fire District Claims through February 16, 2010 (Check #4177 – 4184) 3.Centennial Police Department Claims through February 25, 2010 (Check #7684 – 7700) Motion by Council Member Fehrenbacher, seconded by Council Member Love to approve the Consent Agenda as amended. All in favor. Motion carried unanimously. VI. AWARDS/PRESENTATIONS/APPEARANCES None. VII. OLD BUSINESS 1. Fourth Rider to Agreement – Board of Water Commissioners (June, 9, 1966, East Shoreline Abutting CSAH14) City Administrator Larson reviewed the fourth rider to the agreement between the City of Saint Paul Board of Water Commissioners, stating this agreement allows the City of Centerville to trim and remove brush along the shoreline of Centerville Lake. Motion by Council Member Fehrenbacher, seconded by Council Member Love to approve the fourth rider to the original agreement with the Saint Paul Board of Water Commissioners originally dated June 9, 1966. All in favor. Motion carried unanimously. 2. Trail Easements City Attorney Glaser reviewed background information stating Staff is requesting the authority from the Council to enforce the development agreement and platting requirements related to the CenterVilla development. He stated the developer and owner Page 2 of 5 City of Centerville Council Meeting Minutes March 10, 2010 of that land failed to follow through on its development agreement and platting requirements, explaining the most relevant issue is their failure to record a trail easement across the property, which is now necessary to complete the Trail Link project. City Attorney Glaser also reviewed background information regarding the Lessard (Lakes Area Utilities) property. He stated that after spending months of good faith negotiations with Mr. Lassard, Staff has been unsuccessful due to Mr. Lessard’s demands and avoidance to speak with Staff. Mr. Lessard will not record the trail easement per his original agreement with the City nor as a result of recent negotiation; therefore, the City Attorney recommending the initiation of litigation in order to best meet the Trail Link project deadlines for acquiring the property. The City Council briefly discussed the condemnation process and statute of limitations. Motion by Council Member Broussard Vickers, seconded by Council Member Fehrenbacher to authorize proceeding with the enforcement of Trail Easement Agreement including litigation and condemnation process as presented by the City Attorney. All in favor. Motion carried unanimously. VIII. NEW BUSINESS 1. Resolution #10-006 – Abatement of Special Assessments (Fund #83762) Associated with PIN #R14-31-22-31-0045 & the Peltier Preserve Improvement Project City Administrator Larson reviewed background information. Motion by Council Member Broussard Vickers, seconded by Council Member Love to adopt Resolution #10-006 abatement of special assessments certified to Anoka County for PIN#R14-31-22-31-0045 for the years 2010-2023 Peltier Preserve Project. All in favor. Motion carried (3/1). (Councilmember Fehrenbacher abstained). 2. Resolution #10-006 – Abatement of Special Assessments (Fund #83576) Associated with PIN #R14-31-22-33-0001 & the CSAH14 Water Main Improvement Project City Administrator Larson reviewed background information. Motion by Council Member Fehrenbacher, seconded by Council Member Love to adopt Resolution #10-007 abatement of special assessments certified to Anoka County for PIN#R14-31-22-33-0001 for the years 2010-2012 CSAH14 Watermain Project. All in favor. Motion carried unanimously. 3. Resolution #10-007 – Abatement/Addition of Special Assessments (Fund #84264) Associated with PIN #R14-31-22-31-0057 & the Mill Road Improvement Page 3 of 5 City of Centerville Council Meeting Minutes March 10, 2010 Project City Administrator Larson reviewed background information. Motion by Council Member Love, seconded by Council Member Fehrenbacher to adopt Resolution #10-007 abatement/addition of special assessments certified to Anoka County for PIN#R14-31-22-31-0057 for the years 2010-2023 Mill Road Improvement Project. All in favor. Motion carried unanimously. 4. Resolution #10-008 – Abatement of Special Assessments (Fund #84120) rd Associated with PIN #R26-31-22-22-0049 & the Hunters Crossing 3 Addition City Administrator Larson reviewed background information. Motion by Council Member Broussard Vickers, seconded by Council Member Fehrenbacher to adopt Resolution #10-008 abatement of special assessments certified to Anoka County for PIN#R14-31-22-22-0049 for the years 2010-2016 rd relating to the Hunters Crossing 3 Addition. All in favor. Motion carried unanimously. 5. Consideration of Request for Letter of Credit Reduction Associated with Clearwater Creek Estates Improvement Project City Administrator Larson reviewed the email from Mr. Jeff Hanzal who is requesting a reduction of the letter of credit for Clearwater Creek Estates to the amount of $103,437.21. Staff has reviewed and recommends, stating Mr. Hanzal has met all of his obligations, other than being in the process of rearranging some mailboxes and guaranteeing payment of special assessments. Motion by Council Member Broussard Vickers, seconded by Council Member Fehrenbacher to authorize reducing letter of credit for Clearwater Creek Estates to the amount of $103,437.21, per the recommendation by Staff. All in favor. Motion carried unanimously. 6. Parks & Recreation Committee Recommendation to Expend the $1,500 Donation From American Family Insurance to Fund the 2010 Music in the Park Program Councilmember Love praised Park and Recreation for going out of their way to obtain donations from businesses in the area. He stated this is a great way to help the neighborhoods and keep the programs going. Motion by Council Member Love, seconded by Council Member Broussard Vickers to authorize the $1,500 Donation from American Family Insurance to fund the 2010 Music in the Park Program. All in favor. Motion carried unanimously. Page 4 of 5 City of Centerville Council Meeting Minutes March 10, 2010 IX. ANNOUNCEMENTS/UPDATES 1.City Administrator Dallas Larson City Administrator Larson reported that there would be a business gathering tomorrow morning at City Hall with the Mayor, City Staff and local business, inviting anyone to come. 2. Fire Steering Awards Banquet Councilmember Broussard Vickers reported that the first annual Fire Steering Awards Banquet was held Saturday. She stated there were approximately 35 firefighters in attendance and the awards given included the following: attendance, hours towards fire prevention, Stork Awards for delivering a baby, Instructor of the Year and Life Saver Award. Plaques were also given for Civil Leader, Rookie of the Year, Firefighter of the Year, Officer of the Year, and the Chief’s Award of Excellence. She stated it was very nice evening. 3. Park and Recreation update Mayor Capra reported Park and Recreation is working within their tight budget, concerns regarding the parade are being discussed with Staff, noting she would bring back an update to the Council. 4. 2010 Census Mayor Capra reminded residents to look for their 2010 Census in the mail, stating they should be receiving them shortly if they haven’t already. X. ADJOURNMENT Motion by Council Member Broussard Vickers, seconded by Council Member Love to adjourn the March 10, 2010 City Council Meeting at 6:52 p.m. All in favor. Motion carried unanimously. Mayor Capra adjourned the March 10, 2010, City Council Meeting at 6:52 p.m. Transcribed by: Rochelle Russo, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 5 of 5