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HomeMy WebLinkAbout2016-03-09 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL & JOINT WORK SESSION MEETING March 9, 2016 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of March 9, 2016 at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher (arrived at 6:40 p.m.) Council Member Steve King Council Member D. Love Council Member Jeff Paar ABSENT: None STAFF: City Administrator Mike Ericson City Attorney Kurt Glaser City Engineer Mark Statz Public Works Director/Building Official Paul Palzer I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE III. PUBLIC HEARING/COMMENT 1.None. IV. APPOINTMENTS/PRESENTATIONS 1. None. V. APPROVAL OF AGENDA Mayor Wilharber added Centerville Claims through March 9, 2016 (Check #30072-30085) under Consent Agenda and stated that the minutes were provided to Council Members via email and at this evenings meeting for their review. Motion by Council Member Love, seconded by Council Member King to approve the Agenda as presented. All in favor. Motion carried. VI. APPROVAL OF MINUTES City of Centerville Council Meeting Minutes March 9, 2016 1. February 24, 2016 City Council Meeting Minutes Mayor Wilharber provided an opportunity to Council Members for modification. Council Member Love requested that the minutes be modified to read that “White Bear Lake had been augmented by the aquifer for 50 years up until 1978” rather than “in 1978 White Bear Lake was augmented by the aquifer.” Motion by Council Member Paar, seconded by Council Member Love to approve the February 24, 2016 City Council Meeting Minutes with the Above Stated Revision. All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville February 25, 2016 through March 9, 2016 Claims (Check #30058-30071) & (Check #30072-30085) 2. Centennial Lakes Police Claims through February 29, 2016 (Check #10746-10770) w/Voided Check #10758 3. Centennial Fire District Claims through February 22, 2016 (Check #7330-7344) w/Check #7330-7333 Payroll 4. Successful Completion of Year 3, Building Inspector/Public Works Maintenance Technician Mr. Dan Schmitz 5. Parks & Recreation Committee Recommendation to Fund the Music in the Park Program - #2,500 6. Parks & Recreation Committee Recommendation to Approve the Special Event Permit – Fete des Lacs 5K/8K Walk/Run & Kids Free Mile Run – (August 6, 2016, 8:00 a.m.-11:00 a.m.) 7. Centerville Lions Request for Temporary On-Sale Liquor License, Cadillac Dinner, April 23, 2016, St. Genevieve’s Community Center Parish Motion by Council Member King, seconded by Council Member Paar to approve Consent Agenda as presented. All in favor. Motion carried. VIII. OLD BUSINESS 1. Res. #16-014 – Adopting the First Amendment – Joint Powers Agreement between st the City of Lino Lakes and the City of Centerville Regarding 21 Avenue, Street and Utility Improvements and Maintenance Administrator Ericson stated that Staff has been working with the City of Lino Lakes for the past several months on the Joint Powers Agreement (JPA). He stated as Council will remember that the project commenced due to the Metro. Transit parking facility along with the two (2) abutting property owners agreeing to pay special assessments associated with the roadway and municipal service installations. Administrator Ericson also noted that the agreement is similar in content to the Joint Powers Agreement for the Maintenance of West Cedar Street which Council previously approved. Page 2 of 8 City of Centerville Council Meeting Minutes March 9, 2016 st Attorney Glaser stated that the agreements for both West Cedar Street and North 21 Avenue contain the same language, provide for Council’s direction to have preauthorization and an additional agreement prior to work being completed along with providing plans and cost estimates. Discussion ensued regarding drainage and ponding, the costs associated with West Cedar Street, and whether the City of Lino has agreed to the agreement. Engineer Statz stated that the West Cedar Street agreement issues where due to the transition of Administrators and lack of Council’s knowledge of the verbal agreements that were made, remaining disputes regarding ponding and Staff working diligently to resolve these issues. Motion by Council Member Love, seconded by Council Member Paar to Adopt Res. #16- 014 – Adopting First Amendment – Joint Powers Agreement between the City of Lino st Lakes and the City of Centerville Regarding 21 Avenue Street and Utility Improvements and Maintenance as presented. All in favor. Motion carried. 2. Mr. Jeff Magdik, Home Detail, Inc. – 7261 Main Street Administrator Ericson reviewed Council’s request of Mr. Magdik providing construction plans with review of the City, financing and a timeframe for construction, stated that Mr. Magdik was in attendance to discuss the items along with Attorney Glaser reviewing the status of his requirements to date. Attorney Glaser stated that he and Mr. Magdik have been working closely regarding the expired purchase agreement associated with 7261 Main Street, construction plans and review along with financing as required by Council. Attorney Glaser stated that Mr. Magdik has providing financing for a construction loan and he has confirmed it, he is ready to close on the property immediately and if Council desired to instruct him to amend the purchase agreement to include their requirements along with outstanding money owed to the City he would. Attorney Glaser also stated that a previously granted variance (setback deviation from requirements) associated with the construction of a home on the property has expired, the Planning and Zoning Commission ordered a public hearing to discuss granting the variance again for its April 5, 2016 meeting. Attorney Glaser noted that Mr. Magdik needed to submit more detailed plans and specifications to the Building Department than he has to date. Attorney Glaser reported that the type of construction loan that Mr. Magdik has secured may guarantee that if he fails to construct a home on the property within six (6) months and sell in three (3) months or defaults on the loan the bank will own the property which gives him incentive to commence construction and complete as soon as possible. Attorney Glaser stated that City may also just desire to outright sell him the property without requirements for construction of a home. Lengthy discussion ensued regarding Mr. Magdik’s prior agreements and failure to act on them, outstanding in-lieu of property tax payment per the defaulted agreement of $2,800, expired variance and fees, concern for the City to again own the parcel lacking a home’s construction as Council’s original intention was that the lot with a home on it would generate property taxes. Page 3 of 8 City of Centerville Council Meeting Minutes March 9, 2016 Council’s consensus was that Mr. Magdik had minimally met Council’s requirements placed on him at its last meeting and if Mr. Magdik paid the outstanding in-lieu of property tax payment owed this evening and other outstanding fees they would allow Attorney Glaser to renegotiate a new purchase agreement. Mr. Magdik stated that he desired to have all outstanding fees paid through the construction loan, however, if Council desired he would issue a check for $2,800 this evening. Mr. Magdik also thanked Council for the numerous opportunities provided to him for the purchase of 7261 Main Street, he will renegotiate the agreement with Attorney Glaser and stated that he is eager to commence construction. Mr. Magdik submitted a check to the Mayor in the amount of $2,800. Attorney Glaser stated that he would have a formal agreement for Council at its next meeting. IX. NEW BUSINESS 1.2016-2018 Lawn Mowing Services Administrator Ericson stated that the City had received five (5) bids for City property lawn mowing services for 26 weeks and the low bidder was Pro Care Companies for $53,300/year. Public Works Director/Building Official Palzer stated that requests for proposals where submitted to a total of eight (8) companies, five (5) were received back with Pro Care Companies being the least expensive. Mayor Wilharber questioned whether Pro Care Companies was a reputable firm and Mr. Palzer concurred. Mayor Wilharber stated that the City has experienced problems in the past with similar contractors and desired that that not be the case this year. Public Works Director/Building Official Palzer stated that if issues arise during the cutting season they are addressed immediately, the firm will provide a certificate of insurance and be bound by a contract with the City which clearly outlines their duties. Council Member King questioned costs associated with additional requirements of cutting private areas that owners have failed to do so. Public Works Director/Building Official Palzer stated that the contractor would do so at the City’s request for $40/hour based on the size of the area needing to be serviced. Council Member Fehrenbacher, seconded by Council Member Love to Enter into a Contract with Pro Care Companies for Lawn Mowing Services for the 2016-2018 Years With 26 Weeks of Services at $53,300/year. All in favor. Motion carried. 2.Extension of Franchise Fee Implementation for Connexus Energy to May 1, 2016. Administrator Ericson stated that it was anticipated that Connexus Energy would also request an amendment to their previously approved agreement similar to the other two (2) utilities (CenterPoint and Xcel Energy). Page 4 of 8 City of Centerville Council Meeting Minutes March 9, 2016 Motion by Council Member Paar, seconded by Council Member King to Approve Extension of Franchise Fee Implementation for Connexus Energy From April 1 to May 1, 2016 as Requested. All in favor. Motion carried. Mayor Wilharber desired to extend the City’s gratitude to Dario Lawn Service for completing the City’s seasonal contract due to Goetz Landscaping’s Bankruptcy. 3.Review Concept Plan from AHMC for Apartment Building on Waterworks Site Administrator Ericson stated that Mr. Bill Lentch, President, Partnership Investment Group, LLC, Mr. Brett Larson, Messerli & Kramer and Ms. Carey Osborn from Augusta Housing Management Company (AHMC) appeared before the Planning & Zoning Commission at their last meeting to discuss a concept plan for a four (4) story, flat roofed, 108 unit apartment building to be constructed on the old Waterworks site (7281 Main Street) and 7265 Main Street. Mr. Lentch addressed Council and reviewed the concept plans. Mr. Lentch stated that the current owner of the property, Mr. & Mrs. Richard DeFoe would be retaining two (2) acres of the property along with their home and driveway access from Main Street. Mr. Lentch also stated that they have had meetings with Staff and other governmental agencies including Rice Creek Watershed District (RCWD) and the Minnesota Department of Natural Resources (DNR). Mr. Lentch stated that the property is very unique due to its location: lake views; water access; zoning and zoning requirements; floodplain/elevations; entrance/exit to the property and removal of the existing Waterwork building. Mr. Lentch reported that Augusta Housing is requesting a rezone, comprehensive plan amendment, lot combination/lot split and City Code amendments associated with density requirements and height requirements. Council Member King questioned roadway requirements that Anoka County Highway Department may place on the development such as turn lane(s)/bypass lane(s), separated entrance/exit(s), etc. Mr. Lentch stated that he has had very brief conversations with Anoka County regarding the redevelopment of the property, but believes that one (shared driveway exists for the properties and one (1) individual driveway for the existing home so there may not be a problem. Mr. Lentch also stated that there would be above (119 spaces) and below ground, heated parking (101) on the site. Mr. Brett Larson, Messerli & Kramer, introduced himself to Council and stated that he is Legal Counsel for AHMC and that he also attended the Planning & Zoning Commission meeting. Mr. Larson stated that during the meeting with RCWD and DNR it was determined that the City of Centerville did not adopt DNR regulations so it is the City’s Code that will govern the development of the property. Mr. Larson stated that the property is currently zone R3 however their proposed building with exceed the City’s zoning density requirements and the City’s Zoning Code regarding height restrictions of 35’ versus the height of the building that AHMC is proposing at 45’. Mr. Larson stated that the DNR would only regulate the docks that may be installed at the location. Council Member Fehrenbacher questioned references made about the City of Lino Lakes providing fire services due to the lack of equipment provided by Centennial Fire District. Page 5 of 8 City of Centerville Council Meeting Minutes March 9, 2016 Attorney Glaser state that the Centennial Fire District may not have certain equipment that would handle a structure fire of this height but would be supported by auto aid and mutual aid. Administrator Ericson stated that two members of the Centennial Fire District are members of the Planning & Zoning Commission and they did not see a problem with the ability to accommodate fire needs that could arise from a structure of this height. Council Member Love briefly recapped discussion that was had at the Planning & Zoning Commission meeting, setting a public hearing for lot split/combination, zoning, subdivision and zoning code amendments and platting. Council Member Love stated that timelines for construction are to commence in the fall, it will be approximately as 12-14 month project, rent will be approximately $1,650/month/1 bedroom apartment and the entire project will cost approximately 18 million dollars. Engineer Statz stated that the development looks promising, however some slight hurdles will need to be overcome such as, rezoning, lot split/combination, entrance/exits and driveway, lift station upgrades, sanitary sewer system, cost share components, comprehensive plan amendment, and creative thinking regarding accommodation of this development. Engineer Statz also stated that trails would be incorporated along with possible lake access but not a boat access as has been allowed by the current owner. Engineer Statz stated that the Parks & Recreation Committee may have requests associated with the development also that should be taken into consideration. Lengthy discussion ensued regarding the public’s use of the property throughout the years by an generous property owner, alternative lakeshore access, marketing would be toward married couples without children and active individuals, park dedication fees or land dedication, property tax generation of $480,000/year from the development, entrance to the City, and questions whether any units would be sold. Mr. Lentch stated that AHMC at this time is looking a rental property but in the future they could turn into condominiums. Discussion ensued regarding the need for ordering a public hearing for the Comprehensive Plan that the Planning and Zoning Commission did not consider and Attorney Glaser stated that one could be held at the Planning & Zoning Commission level even though they did not call for one. Engineer Statz stated that he will be putting together a list of items that will need to be addressed along with a timeframe for Mr. Lentch’s client. X. COUNCIL & ADMINISTRATION ANNOUNCEMENT 1. Administrator Ericson a. Anoka County Local Government Officials Meeting, March 30, 2016 Administrator Ericson stated that if you desire to attend to let him know and he will make reservations on their behalf. 2.Administrator Ericson stated that he had been requested to serve on the board of the Metro Cities and desired to ascertain Council’s blessing to do so. Administrator Ericson Page 6 of 8 City of Centerville Council Meeting Minutes March 9, 2016 stated that he would need to a monthly meeting and assist in policy development that would benefit a diverse group of members. Administrator Ericson stated that this was an extremely good opportunity for the City of Centerville to be at the table and participating in policy development. Council Members supported Mr. Ericson’s desire to serve on the board. Council Member King stated that the Parks & Recreation Committee briefly discussed the submitted Concept Plan for the redevelopment of the Waterworks site. Council Member Paar reported on a recent Fire Steering meeting where the Committee discussed making Interim Chief Lundstrom, Chief Lundstrom upon the completion of his probationary period in August with his pay remaining the same. Council Member Paar stated that all full- time/part-time staff’s pay will remain the same until the budget process commences. Council Member Fehrenbacher questioned whether duties/pay of Chief Lundstrom were equivalent to what similarly sized departments. Council Member Paar stated that more research is being completed regarding that item. Council Member Paar reported that the current budget shows roughly a $8,500 shortfall for payroll. Council Member Paar also reported that it has only been one month since the City of Lino Lakes left the Centennial Fire District and additional time was needed before considering pay increases or equipment purchases. Council Member Paar again reported that no information on the grant for SCBA equipment has been received, a third pumping vehicle is budgeted for 2017 however it takes nine (9) months to order and staff is researching purchases, equipment and additional grant possibilities. Mayor Wilharber stated that with the withdrawal of the City of Lino Lakes from the Cenntenial Fire District, a new patch excluding member cities names will be placed on member uniforms and the Centerville Lions will be donating $500 towards the purchase and replacement of the old patches. Mayor Wilharber also stated that the Chief continues to search and apply for grants to offset/extend the employment of firefighter/Minnesota Fire Hire Michael Schweigert and EMS Coordinator. Council Member Love reported that the Planning & Zoning Commission welcomed newly appointed Commission Member Pete Johnson, discussed the elementary school parking lot design, reviewed the City’s Comprehensive Plan regarding the proposed Waterworks concept plan and apologized on behalf of the Commission for not ordering a public hearing regarding the Comprehensive Plan Amendment associated with the development. Mayor Wilharber stated that he attended a recent meeting in the City of Hugo regarding the Metropolitan Council and its structure. He stated that one Mayors and one City Administrator attended with lobbyists and business developers. Mayor Wilharber felt that attendees commonly felt that the Met. Council needed restructuring and involving elected officials with vested interests in their policy making. Engineer Statz reported that Mr. Phil Carlson from Stantec attending the Planning & Zoning Commission meeting to assist the Commission with the proposed Waterworks development project regarding needed zoning, comprehensive plan amendment, lot split/combination, and timeframe elements. Page 7 of 8 City of Centerville Council Meeting Minutes March 9, 2016 Mayor Wilharber recessed to the scheduled Joint Work Session (Parks & Rec., Planning & Zoning and Council at 7:42 p.m. XII. JOINT WORK SESSION PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher Council Member Steve King Council Member D. Love Council Member Jeff Paar Planning & Zoning Commission Member Russ Koski STAFF: City Administrator Mike Ericson City Attorney Kurt Glaser City Engineer Mark Statz Public Works Director/Building Official Paul Palzer I. CALL TO ORDER Mayor Wilharber called the Joint Work Session to order at 7:43 p.m. II. ITEMS OF DISCUSSION 1.2015 City Focus Goals (Recap) Administrator Ericson reviewed the 2015 City Focus Goals. 2.2016 Goalsetting Session Administrator Ericson facilitated the goalsetting session with Council, Planning & Zoning Commission and Staff. Council agreed to carry several items from 2015 to the 2016 City Focus Goals and directed him to prepare a draft for Council consideration. Mayor Wilharber adjourned the Joint Work Session at 9:05 p.m. XIII. ADJOURNMENT Motion by Council Member Fehrenbacher, seconded by Council Member King, to Adjourn the Council meeting of March 9, 2016 at 9:06 p.m. All in favor. Motion carried. Transcribed by Staff Member Teresa Bender, City Clerk Page 8 of 8