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HomeMy WebLinkAbout2016-04-13 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING April 13, 2016 6:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of April 13, 2016 at City Hall, 1880 Main Street. PRESENT: Mayor Tom Wilharber Council Member Ben Fehrenbacher 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 City Planner John Shardlow Finance Director Ellie Paulseth I. CALL TO ORDER Mayor Wilharber called the meeting to order at 6:00 p.m. for purposes of hold interviews with Ms. Kimberly Ganzel and Mr. Charles Reinhardt for the vacant seat on the Planning & Zoning Commission. II. PLEDGE OF ALLEGIANCE III. PUBLIC HEARING/COMMENT 1.None. IV. APPOINTMENTS/PRESENTATIONS Mr. Chad Buechler, CenterMart, appeared before Council to draw their attention to a new offering of Big League Subs which includes flat-bread sandwiches at his convenience store. Mr. Buechler stated that to date he has not marketed the offering of subs at his store but has been filling approximately 32 orders a day. He stated that he will be offering pitas and other unique bakery items. He desires to offer something other than pizzas. Mr. Buechler provided menus to those that were in attendance of the meeting and stated he looked forward to seeing them in the near future. V. APPROVAL OF AGENDA City of Centerville Council Meeting Minutes April 13, 2016 Mayor Wilharber made several corrections to the agenda: Modified February 25 to March 23 and March 9 to April 13, 2016 claims; and modified the proper spelling of Andrew Schweitzer. Mayor Wilharber added Check #30131-30139 under Claims and Appointment of Planning & Zoning Commissioner under New Business. Motion by Council Member Paar, seconded by Council Member Love to approve the Agenda as presented. All in favor. Motion carried. VI. APPROVAL OF MINUTES 1. March 23, 2016 City Council Meeting Minutes Mayor Wilharber provided an opportunity to Council Members for modification. Motion by Council Member Love, seconded by Council Member Paar to approve the March 23, 2016 City Council Meeting Minutes as presented. All in favor. Motion carried. VII. CONSENT AGENDA 1.City of Centerville February 25, 2016 through March 9, 2016 Claims (Check #30110-30130) & (Check #30131-30139) 2.Centennial Lakes Police Claims through April 6, 2016 (Check #10790-10828) 3.Centennial Fire District Claims through March 8, 2016 (Check #7384-7410) W/Check #7380-7383 Payroll 4.Parks & Recreation Committee Recommendation to Accept Mr. Charles Reinhardt’s Letter of Resignation 5.Hiring of Temporary Seasonal P.W. Maintenance Technicians (Joe Drilling, Andrew Schweitzer, James Huisenga – returning & Jack Drilling – new) 6.Encroachment Agreement, 7330 Peltier Circle – Chicken Coup Partially Within Drainage/Utility Easement (Page 19) 7.Encroachment Agreement 7320 Peltier Circle – Fence Partially Within Drainage/Utility Easement (Page 20) 8.Res. #16-015 – Amendment of the Amended Joint & Cooperative Agreement for the Administration of a Cable Communications System to Amend the Commission’s Authority to Issue Bonds, Obligations and other Forms of Indebtedness and to Modify the Member Cities’ Use of Certain Franchise Fees (Pages 21-42) 9.Anoka County Radio Club Special Event Application – Laurie LaMotte Memorial Park, June 25-26, 2016 (Pages 43-54) Mayor Wilharber provided an opportunity to Council Members for removal of any items of concern. Mayor Wilharber stated that he has had concerns regarding Encroachment Agreements, however as long as the Public Works Director signs off on the location he was comfortable with the issuance of the agreements. Page 2 of 11 City of Centerville Council Meeting Minutes April 13, 2016 Council Member Love desired to discuss Item #5, late notification of removal of Mr. James Huisenga from the Consent Agenda and desired to know if the City would continue to advertise for filling the position. Public Works Maintenance Technician Mr. Tedd Peterson stated that he was just informed that Mr. Huisenga had accepted a position elsewhere and felt that upon the direction of the Public Works Director continued advertising of the position until filled would commence shortly. Motion by Council Member Fehrenbacher, seconded by Council Member Love to Approve Consent Agenda as presented. All in favor. Motion carried. VIII. OLD BUSINESS 1.Request for Letter of Credit Reduction, Ground Development **TABLED** Administrator Ericson stated that this item had been tabled from a Council previous meeting. It was table for staff to review to Ground Development’s tax forfeiture of open space that was required by their Developer’s Agreement, lack of continued maintenance of streets, sidewalks, and vacant lots during both the summer and winter months. This also provided an opportunity to the Parks and Recreation Committee to discuss the item. Both Administrator Ericson and Council Member King stated that the Parks and Recreation Committee had discussed placing a park bench near the trail in the future. Council Member King stated that the Committee would discuss it again in the future. City Attorney Glaser stated that Ground Development is requesting a reduction of $14,000 to their letter of credit which expires June 15, 2016. City Attorney Glaser stated that the City has experienced several issues with this developer in the past from tax forfeiture of property due to lack of project maintenance. He explained that City Code required Ground Development to create a homeowners association for the purposes of retaining and paying property taxes on Outlots, and maintaining Monument Markers for the development. However, Mr. Fitterman named himself president and sole board member. He never added residents to the Board. The homeowners association never began operating. Mr. Fitterman presented incorporation and bylaw documents to Council in order to obtain approval of its development plan for the subdivision. City Attorney Glaser stated that changes to the development plan by not operating a homeowners association is a direct violation of the development agreement he has with the City. He also stated with the last request for letter of credit reduction, Mr. Fitterman agreed to modifications of his developer’s agreement allowing the City to use that letter to pay for the City to remediate nuisances on his properties (cutting grass, cleaning sidewalks, etc.). Attorney Glaser stated that this may be the time to request to re-establish a homeowners association or obtain outstanding property taxes on the tax forfeited properties that should have been owned by the homeowners association. Discussion ensued regarding ensuring that the City remains covered by a letter of credit for all other issues and some funds for maintenance in case the developer again fails to provide such services. Legal Counsel stated that the reduction was only $14,000 and if the City needed to file Page 3 of 11 City of Centerville Council Meeting Minutes April 13, 2016 against the letter of credit there was plenty to ensure the City’s safety. Engineer Statz stated that he was comfortable in the reduction if Council determined it to be appropriate. Motion by Council Member Fehrenbacher, seconded by Council Member Love to approve the request to reduce the existing letter of credit for the Pheasant Marsh III Development by $14,000 as presented. Mayor Wilharber Nayed. (4/1) Motion carried. 2.Discussion & Approval of 2016 City Council Focus Goals Consensus of Council was to move this item to Item #6 to accommodate the public that was present for two items that were on the agenda. 3.Negotiated Purchase Agreement for 7261 Main Street, Home Detail, Inc. City Attorney Glaser stated that upon Council’s direction, he and Mr. Magdik agreed to proposed revisions to his purchase agreement with the City. Discussion ensued regarding the need for a variance to building on the existing lot, timeframe for construction of the home, lack of appropriate plans for construction and valuation of home to be constructed. Attorney Glaser stated that the City will be compensated $2,500 for staff costs due to Mr. Magdik’s breach of contract, and permits and licensing fees will be paid at time of closing. If he defaults again, the City still retains the right to cancel the agreement. He also stated that his mortgage company is motivating the construction of a home on the property and had financial ramifications if deadlines are not met. Mayor Wilharber gave the audience and Council a brief synopsis of how the City acquired the property; through an agreement with the County for the City to have first option to purchase remnant parcels following the widening of CSAH14. The City determined that the parcel could generate property taxes if a home was constructed on the parcel, purchased it, provided for a variance regarding setback requirements and placed on the market. Mr. Magdik entered into an agreement with the City in 2013 to purchase and construct a home by 2015. Motion by Council Member Fehrenbacher, seconded by King to approve the renegotiated purchase agreement as presented. All in favor. Motion carried. IX. NEW BUSINESS 1.Finance Plan Summary - $2,185,000 G.O. Improvement Crossover Refunding Bonds, Series 2016A a.Northland Securities, Inc. – Municipal Advisory Service Agreement Mr. George Eilertson, Northland Securities, introduced himself to Council and stated that due to the market and interest rates being low now may be the time to consider refinancing the 2009 Street Improvement Project Bond. Mr. Eilertson stated that if Council chose to complete this Page 4 of 11 City of Centerville Council Meeting Minutes April 13, 2016 transaction it is anticipated to save the City approximately $13,000/year. He also stated that with the new call date would be February 1, 2023 and that you are allowed to complete this transaction once within the bonds lifetime. Finance Director Paulseth concurred. a.Northland Securities, Inc. – Municipal Advisory Service Agreement Motion by Council Member King, seconded by Council Member Fehrenbacher to approve Northland Securities, Inc. acting as the City’s Municipal Advisory through the presented service agreement. All in favor. Motion carried. b.Res. #16-016 – Providing for the Issuance and Sale of Approximately $2,185,000 G.O. Improvement Crossover Refunding Bonds, Series 2016A Motion by Council Member Fehrenbacher, seconded by Council Member King to Approve Res. #16-016 – Providing for the Issuance and Sale of Approximately $2,185,000 G.O. Improvement Crossover Refunding Bonds, Series 2016A as presented. All in favor. Motion carried. 2.Planning & Zoning Recommendation for Variance – 7261 Main Street, Mr. Jeff Magdik Attorney Glaser stated that the presented variance would extend Mr. Magdik’s original variance by two (2) years. Motion by Council Member Love, seconded by Council Member Paar to Approve Planning & Zoning’s Recommendation for Variance Request as presented. All in favor. Motion carried. 3.Planning & Zoning Recommendation for Request for Zoning Modification or Other Land Use Ordinances and Comprehensive Plan Amendment to Accommodate Construction of an expanded Parking Lot by ISD #12 (Centerville Elementary School) City Planner John Shardlow stated that he appeared before the Planning & Zoning Commission regarding this item and gave a brief overview of the submitted requests. He explained how the Commission approved rezoning of property currently zoned M-1 to P-1 and conditionally approved design guidelines to meet the M-1 zoning requirements per the Downtown Redevelopment Plan to contain minimal landscaping and street-scaping features. Mr. Shardlow recommended six (6) landscape architects to the ISD following the Planning & Zoning Commission meeting. The Planning and Zoning Commission extended their willingness and support to provide safety for buses, parents and students alike with the understanding that automobile and pedestrian traffic also receive a benefit. Mr. Shardlow stated that he was pleased to announce that the School District had contracted with Damon Farber, the same firm that the City contracted with for the Downtown Redevelopment Plan, and came up with a new landscaping plan accommodating the City’s requests and Page 5 of 11 City of Centerville Council Meeting Minutes April 13, 2016 providing for an aesthetically pleasing streetscape and redesign of the required pond with the inclusion of learning opportunities for students. Mr. Shardlow provided Council with a presentation that included the newly proposed wrought iron fencing, tree plantings along the trail and storm water pond redesign. The new design plan includes an entrance for pedestrians and a new location for a brick monument sign. Discussion ensued regarding street and right-of-way vacations of which needed to be verified. Concern was that without the requested lot combinations, this parking lot could not stand on its own because a principal structure needed to be on the same parcel. Engineer Statz stated that if Council desired to move forward and approve the rezoning request, Comprehensive Plan amendment, and replat, a Conditional Use Permit would be needed for the parking lot to exist unless it was combined with the parcel where the school was located. Studying the street and right of way vacations would determine how to combine the lots. Discussion ensued regarding runoff, close proximity of the creek, the high water table, underground storage and Rice Creek Watershed regulations. Mayor Wilharber stated that an approval could be granted with stipulations for the landscaping if Council desired. Council Member Love stated that the Planning & Zoning Commission felt strongly regarding safety in conjunction with a more aesthetically please approach for automobile and pedestrian traffic as the school and downtown area are the focal point of the community. Mr. Dan Huffman, Executive Director of Business Services Centennial School District stated that they are attempting to complete many updates to Centerville Elementary School this summer including mechanical, electrical, classrooms, safety and parking lot expansion/student drop off. Mr. Huffman stated the major emphasis with the requests brought before the Planning & Zoning Commission and now Council are student, parent and bus safety. Mr. Huffman explained that he has worked with City Planner Shardlow and is comfortable with the newly proposed plan. He also stated that the storm water pond would be a part of the curriculum and hoped that all would visit the school once all projects are completed. He also stated that the last day of school is June 2 and many young adults and custodians would be emptying the building that same evening Engineer Statz stated that now may be the time to discuss shared parking to accommodate times when activities are taking place in the downtown area and additional parking is needed outside of school hours. Mayor Wilharber explained how meetings took place with several board members and Mr. Huffman where informal discussion took place regarding this item and the schools desire to be a part of the community when it does not deter their use of the parking lot. Engineer Statz also reminded the school that at some point watermain looping would need to occur as it is underneath Centerville Road north of Main Street and it would need to occur prior to school expansion. Discussion ensued regarding the condition of the smaller section of Centerville Road and the plans of the School District. Mr. Huffman stated they only want to patch of the roadway. Council consensus was that at such time special assessments would be involved. Page 6 of 11 City of Centerville Council Meeting Minutes April 13, 2016 Mr. Huffman reassured Council that the District’s budget included the intended plan for plantings, redesign of the storm water pond, wrought iron fencing, etc. and they had no intention of deviating from the plan. Council Member Fehrenbacher requested that prior to additional project to please meet with City Staff to review and consider ordinance/codes, etc. Mr. Huffman stated that it is very difficult for the school to just agree to give a blanket use of the parking lot when so many events may overlap and in this instance the school events should take precedence and any other use should be approved by permit. Mr. Huffman stated that the school does desire to work with the City in this capacity. Council Member Paar asked Attorney Glaser about the City’s options to obtain a formal agreement allowing City businesses use of the school parking. Glaser advised that at present the City had no mechanism to obtain such an agreement but that would change if the District needed City approvals for future expansion. Council Member Love clarified that he is a coach for the Centennial School District and not an employee of the District. Motion by Council Member Fehrenbacher, seconded by Council Member Love to Approve the Comprehensive Plan Amendments to accommodate the modifications to the existing parking lots. All in favor. Motion carried. Motion by Council Member Fehrenbacher, seconded by Council Member Love to Approve the Requested Rezoning Contingent upon Staff’s approval of Final Landscape Plan/Design submission. All in favor. Motion carried. 4.Planning & Zoning Recommendation for Request for Replat of Land, Potential for Modifications to City Code 153 (Subdivision-Land Use) and City Code 156 (Zoning Code) or Other Land Use Ordinances & Comprehensive Plan Amendment to Accommodate Construction of a 108 Unit Apartment Building City Planner John Shardlow stated that he appeared before the Planning & Zoning Commission regarding this item and gave a brief overview of the submitted requests, stating that the Commission denied the requests until a formalized plan for construction was submitted along with a Planning Unit Development Application and Conditional Use Permit. Mr. Shardlow stated that the Commission heard numerous comments regarding the proposed development, the existing building condition, lake/lakeshore condition/requirements and unwanted tenants that it could bring. City Planner Shardlow reviewed a short presentation, stating that the City had 60 days to act upon the applicant’s requests, to review the facts, consider that the majority of the property is Page 7 of 11 City of Centerville Council Meeting Minutes April 13, 2016 currently zoned R-3 (High Density, Multi-Family), that the City would be commencing updating their Comprehensive Plan shortly. He discussed the inability to redevelop the commercial parcel because it sits in a floodplain, and the need for the DeFoe residence to be R-2 (Single Family Residential). He also discussed how the R-3 zoning district requires a Planned Unit Development Application for any development along with a Conditional Use Permit to exceed the current height maximum. Overall, he discussed how no construction could commence without more detailed plans. Attorney Glaser gave a short presentation regarding property owners’ rights to utilize their property for what it is zoned for or to request rezoning even if that is not what neighboring property owners desire. The 60 day deadline for land use action on the applicant’s requests would expire on May 23, 2016. Discussion ensued regarding providing the landowner with an opportunity to market the property to specific developers for high density, multi-family developments as the population of aging individuals increases and the desire for lower maintenance living increases. The need for a Planning Unit Development Application and Conditional Use Permit prior to building on the parcel(s) require public hearings. No current construction plans were on agenda for consideration at this time. Discussion also took place regarding the City’s previous thoughts about the current building and how its been for sale for over 10 years, and the origins of potential intended use. They also discussed the City’s need to update its current Comprehensive Plan for guided development. Mayor Wilharber requested that Attorney Glaser forward his presentation to Council for future reference, stated that many years ago residents were complaining about the problems the business brought from trash to patrons in the parking lot and the City addressed those issues with the building owners. Discussion ensued regarding the process of rezoning, public hearings and input, economy, taxes, Comprehensive Plan, due process and the property owner’s legal rights. Consensus of the Council was that with the current economy and past non-interest in the property, it would be a good time to assist the property owner in marketing the property due to the current interest, the need to consider the development, the future development of the City, property taxes, trails, driveways, ingress/egress, CSAH14/Main Street traffic levels, parking, lakeshore and its use and park dedication in the future with a proposed development through due process but not at this meeting. Mr. Frank Zimney, 7252 LaValle Drive, requested that both the Planning & Zoning Commission and Council slow the process down, felt that several documents were miss dated, the process was flawed in ordering the public hearing, the timeframe for Mr. Lentch’s applications being filed with the City, and if challenged the City could be found to be liable for inaccuracies. Attorney Glaser stated that Minnesota State Statute does not require a governing body to call for a public hearing (394.296) and that the City has met the legal requirements regarding publication, notification, etc. Mr. Zimney stated several documents have differing dates on them and that no action should be taken at this time until it is determined whether the City has made an error. Council Member Fehrenbacher stated that the largest parcel has been zoned R-3 for 10 years or more and he felt that there was no hurrying on this issue. Page 8 of 11 City of Centerville Council Meeting Minutes April 13, 2016 Mr. Zimney generally stated what he felt were errors but would not specify which documents might contain errors. Staff began looking through various memos to locate any of the discrepancies cited by Mr. Zimney. Lengthy discussion took place about how Mr. Zimney felt the documents were different or contained different dates. Discussion also ensured about the different uses of similar documents between the Planning & Zoning meeting and Council meeting documents. Attorney Glaser stated that documents or presentations can be different when used for differing purposes but also stressed the importance of the City being transparent in the event of an error. He also discussed how the role of the Planning & Zoning Commission is to make recommendations to Council, and the Council makes decisions and takes action. He also stated that risks would be involved if the City did not hold public hearings regarding rezoning. Mr. Zimney was requested to provide staff with the documents that he was referring to and he refused. Discussion also took place regarding the deadline date, tabling the item or going forward. Engineer Statz and Attorney Glaser found the two memos cited by Mr. Zimney. There was a slight difference in the version of the memo given to the Council. That difference was the addition of a single paragraph which gave the Council more information than the earlier version of the memo. Motion by Council Member King, seconded by Council Member Fehrenbacher to table the item until the next Council Meeting. Council Members King and Wilharber aye, Council Members Fehrenbacher, Paar and Love nay. Motion failed due to lack of majority. Ms. Kim Ganzel, 1339 Mound Trail, stated that it is important to have open discussions without hasty decisions. There is some confusion surrounding amount of units and proposed height of building. She understands the need for maximizing the property for the developer, and the need for rezoning 7281 Main Street but challenged the need to rezone the commercial site. Overall, wanted the City to poll the Citizen about these changes or development on the lakes. She wanted to the Council to deny the request and review the current zoning of the property in 2018 rather than considering rezoning the property now because of the possibility of moving too fast on making a decision to rezone the property at this time. Mr. Tyler Brigl, 1295 Mound Trail, requested that the Council table the item for two (2) weeks. The development of the property does not support the small-town feel, does not protect the lake, most residents do not desire to have the property developed or developed into an apartment building. Most residents do not desire to have the property developed Development of the property into something other than residential parcels would bring a negative impact on the community as this would be the entrance to Centerville. The City already has a boat launch and beach on the lake that is adequately utilized. The lake is currently unsafe with the amount of boat traffic it receives. Mr. Brigl felt that rezoning the property from B-1 to R-3 would be for the self-interest of the developer and Mr. DeFoe. He would like to see hard numbers for limiting the number of boat slips to one and limiting the development to 12 units. He also wanted to see a requirement to remove the existing building at 7281 Main Street. Mayor Wilharber stated that Mr. Brigl had exceeded his amount of time speaking before Council – he had been given 15 minutes. Page 9 of 11 City of Centerville Council Meeting Minutes April 13, 2016 Discussion continued regarding legal process, documents, errors or etc. and the direction of Attorney Glaser to meet with Mr. Zimney. Attorney Glaser stated that Mr. Zimney refused to provide documentation, that one of the differences was that information provided between the two (2) memos was the inclusion of the R-2 needed to be rezoning and findings of fact. Attorney Glaser again stated that the legal requirements have been met. Motion by Council Member Fehrenbacher, seconded by Council Member Love to approve the requested Comprehensive Plan Amendment as submitted. All in favor. Motion carried. Motion by Council Member Fehrenbacher, seconded by Council Member King to approve the requested Rezone/Lot Combination as submitted. All in favor. Motion carried. a.Appeal, Mr. Bill Lentch, Partnership Investment Group There was no need to discuss this item. 5.Appointment of Planning & Zoning Commission Member Subsequent to individually interviewing candidates prior to the regularly scheduled meeting of Council and scoring of applicant qualifications and responses to interview questions. Motion by Council Member Love, seconded by Council Member Fehrenbacher to Appoint Ms. Kim Ganzel to the Planning & Zoning Commission. All in favor. Motion carried. Administrator Ericson stated that an orientation will be scheduled with Ms. Ganzel shortly. 6.Goals & On-Going Priorities Administrator Ericson stated that Staff has compiled the presented Goals & On-Going Priorities as Council requested with merging 2015 items with items discussed for 2016. Staff was requested to place a copy of the present Goals & On-Going Priorities in Dropbox for future reference. 2016 Goals & On-Going Priorities is in the 2016 Council Packet Dropbox and all Council Members have received a link to it via email. Mr. Tedd Peterson, Public Works Maintenance Technician stated that he desired to address the issue of the City providing the Local 49’ers health insurance as an offering to City Staff members. Mr. Peterson stated that Staff has been discussing this item since March of 2015 and again in December of 2015 with no decisions being made to date. Several members of Council felt that this item did not belong on the On-Going Priorities list. Administrator Ericson stated that this item is not as easy as it may appear and needs staff research time which will include the City Attorney, Finance Director, himself and that is why it is on the On-Going Priorities. Attorney Glaser felt that the contract may need to be opened to discuss this item and additional research regarding it needed to be completed. Administrator Ericson concurred. Page 10 of 11 City of Centerville Council Meeting Minutes April 13, 2016 Motion by Council Member King, seconded by Council Member Fehrenbacher to approve the 2016 Goals & On-Going Priorities as presented. All in favor. Motion carried. X. COUNCIL & ADMINISTRATION ANNOUNCEMENT 1. Administrator Ericson a. Severe Weather Awareness Week April 11-15, 2016 w/Drills April 14 @ 1:45 p.m. and 6:55 p.m. Administrator Ericson reminded residents and Council Members of the sirens. b. Fete des Lacs Festival Report – Very good meetings with the Festival Committee and have secured a marching band. Administrator Ericson stated that he has seen great involvement and feels that the lineup of events will be better this year. c.Anoka County Community Action Program, Inc. (Requested Additional Information) – Administrator Ericson stated that included in the packet is a Staff memo that addresses additional requests for information from Council at their last meeting. Council Member Love stated that all of Planning & Zoning Commission public hearing information has been brought forward and added that a young gentleman had attended the meeting for a civics project. Mayor Wilharber gave a brief update of upcoming meetings and events. XIII. ADJOURNMENT Motion by Council Member Paar, seconded by Council Member King, to Adjourn the Council meeting of April 13, 2016 at 9:23 p.m. All in favor. Motion carried. Transcribed by Staff Member Teresa Bender, City Clerk Page 11 of 11