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HomeMy WebLinkAbout2017-04-12 CC Minutes - ApprovedCITY OF CENTERVILLE CITY COUNCIL MEETING MINUTES April 12, 2017 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled meeting of April 12, 2017 at City Hall, 1880 Main Street. PRESENT: Mayor Jeff Paar Council Member Steve King Council Member Russ Koski Council Member D. Love A 1) 1) r ov e Council Member Matt Montain ABSENT: None. STAFF: City Engineer Mark Statz City Attorney Kurt Glaser City Administrator Mike Ericson Building Official Paul Palzer Intern Charles Roberts Moment of silence for the family of LeRoy Ericson. Mayor Paar stated that he attended the funeral. COUNCIL MEETING I. CALL TO ORDER Mayor Paar called to order 6:30 p.m. Mayor Paar opened the Board of Review & Equalization meeting at 6:32 p.m. Mr. Ken Tolzmann introduced himself, his assistant Mary Wells and Mr. Alex Guggenberger from Anoka County to Council. He provided Council with an overview of statistics, the definition of qualified versus unqualified sales, values and pertinent information involving values of homes for the community along with avenues for residents to appeal their market values. He stated that market values continue to rise. He stated that there were 65 qualified sales from October 1, 2015 through September 30, 2016. He informed Council that the tax base rose by 10.9% for 2017 and that 11 qualified residential sales for the upcoming year. Mayor Paar provided an opportunity for the audience to speak regarding this matter and no one was present. City of Centerville Council Meeting Minutes April 12, 2017 Mr. Tolzmann stated that if anyone desired to discuss their taxable market value(s) to contact him. His duty is to uphold tax laws and he thanked Council for the continued opportunity to serve as the City's assessor. Mr. Tolzmann stated that he requested that the Board consider an administrative valuation modification to 7124 Main Street, PIN 4R23-31-22-22-0008 ($243,300 to $117,900) as he decreased the value by 67,900 due to the view of the lake as appropriate. However, Anoka County has recommended that the adjustment for the view be removed. Motion by Council Member Love, seconded by Council Member Koski to close the Board of Review & Equalization meeting. All in favor. Motion carried. Motion by Council Member Koski, seconded by Council Member Love to Reduce the Valuation of 7124 Main Street, PIN #R23-31-22-22-0008 to $117,900. Council Member Montain questioned whether the homeowner has been notified and Council Member Love questioned whether similar properties within the City had been affected by this increase. Mr. Tolzmann stated that the homeowner would be notified and yes the overall numbers would be affected. All in favor. Motion carried. Mayor Paar stated that he has received positive feedback regarding Mr. Tolzmann's duties from both staff and residents. Administrator Ericson stated that he is aware that Mr. Tolzmann has worked with several residents throughout the year and feels that he has the professional skills to complete the work. Mayor Paar called the Regular Session of Council to Order at 6:42 p.m. II. APPOINTMENTS/PRESENTATIONS 1. None. III. APPROVAL OF AGENDA Mayor Paar added Check 430971-30983 w/voided Check 430907 & 30961 under Consent Agenda Item 41 and Table Item 42, Old Business, Met. Council Response to Questions Re: Flow Rates/Fees. Motion by Council Member Love, seconded by Council Member King to approve the Agenda with the Above Noted Additions. All in favor. Motion carried. IV. APPROVAL OF THE MINUTES 1. March 22, 2017 City Council Meeting Minutes Page 2 of 10 City of Centerville Council Meeting Minutes April 12, 2017 Mayor Paar provided Council with an opportunity to make modifications. Council Member Love requested that a reference to Council Member Paar rather than Mayor Paar was made on Page 5. Motion by Council Member Montain, seconded by Council Member Koski, to approve the March 22, 2017 City Council Meeting Minutes with the Noted Amendment. All in favor. Motion carried. VIII. CONSENT AGENDA 1. City of Centerville March 23, 2017 through April 12, 2017 Claims (Check #30942-30969 W/Voided Check #30193, 30551, 30952, 30960, 30969 & 30970 & Check #30971-30983 W/Voided Check #30907 & 30961 2. Centennial Lakes Police Claims through March 28, 2017 (Check #11374- 11386) 3. Centennial Fire District Claims through April 5, 2017 (Check #7800-7827) W/Voided Check #7800 4. Successful Performance Review, Mr. Dan Schmitz, Building Inspector/Public Works Technician (Step 6, Grade 6 to Step 7, Grade 6) 5. Parks & Recreation Committee Recommendation to Approve Special Event Permit Application — The Long Underwear Run/Walk (5K & 8K) — No One Left Hungry Foundation Mayor Paar provided an opportunity for Council Members to add additional items or remove items for further discussion. Council Member Montain requested that the added check registry not be punched on the left side of the paper. Motion by Council Member King, seconded by Council Member Love to approve the Consent Agenda as Presented. All in favor. Motion carried. IX. OLD BUSINESS 1. Ruffridge Johnson Equipment Company Notice of Termination of Purchase Agreement Administrator Ericson reported that Council provided Staff with direction regarding items requested by Ruffridge Johnson Equipment Company, Staff complied and received a letter recently requesting termination of their existing purchase agreement, requesting a new agreement with a ten (10) month extension for the due diligence period. Attorney Glaser stated that Ruffridge Johnson Equipment was requesting a friendly termination of the agreement as the timeframe has expired and Oppidan, their proposed Page 3 of 10 City of Centerville Council Meeting Minutes April 12, 2017 purchaser, has requested a ten (10) month extension for the feasibility and inspection period from them due to unforeseen timelines and engineering with the City of Minneapolis and redesigning of their proposed building on the Johnson's site. Mr. Hal Ulvestad, Rockland Advisors, thanked Council for the opportunity to present Ruffridge Johnson's request to reinstate the previous purchase agreement allowing a ten (10) month extension with the same terms and conditions as the previous agreement entailed due to Oppidan's request for extension. He stated that the Johnsons' still desire to complete the 1031 Exchange but desire to close on the Centerville site by January 31, 2018 allowing for the hiring of subcontractors and vendors to commence construction by April 4, 2018. He explained that Oppidan has requested to close on their site by January 31, 2018 also. Ms. Shannon Rusk, Vice President of Development and Brokerage Services for Oppidan thanked Council for the opportunity to speak before them and explain Oppidan's request to Ruffridge Johnson do to the City of Minneapolis' processes and procedures. Ms. Rusk stated that Oppidan is committed to working with Ruffridge Johnson and the City of Minneapolis and is confident that the project will continue to advance. Ms. Rusk stated that when the news of the purchase in Prospect Park hits national publications it is accepted by the City as a proposed project, however it may not have received all approvals and completed all processes. She explained the five levels of review required by the Planning and Zoning Commission of the City of Minneapolis and stated that the Preliminary Development Review (PDR) and Community Planning & Economic Development (CPED) would be taking place in May/June and include rezoning of the property. She also stated that then the Committee of the Whole (COW) would be considering the project in mid-May rezoning of the property would take place in May/June, Preliminary Development Review (PDR) (through the fall) and final permit and pricing shortly thereafter. Mr. Jon Pederson, Ruffridge Johnson, stated that everything in the terminated agreement would remain the same except the extension and his attorney would draft an amendment to the original purchase agreement or draft a new agreement. Council Member Love questioned Ms. Rusk as to when Oppidan was aware that they would be requesting an extension and Ms. Rusk stated two (2) months prior. He also questioned when that information was shared with Ruffridge Johnson and Ms. Rusk stated approximately 30 days prior. Mayor Paar stated that with such a tight timeframe the concerns for potential delays with Oppidan's processes with the City of Minneapolis. Ms. Rusk reassured Council that on two (2) occasions they have spoken with the City and are fairly confident that they will meet the above stated timeline and extension that they have arranged with Ruffridge Johnson. Council Member King questioned financing for Oppidan and she stated that they are funding the project along with $300,000 from DEED. Page 4 of 10 City of Centerville Council Meeting Minutes April 12, 2017 Mr. Ulvestad stated that the Pederson have invested a substantial amount of money in the Centerville site, appreciated Ms. Rusk's attendance this evening to reassure Council of Oppidan's commitment. Council Member Love questioned whether Ruffridge Johnson's first potential buyer was Oppidan. Mr. Ulvestad replied no. Mayor Paar questioned the City's risk with granting the ten (10) month extension versus starting from scratch and City Attorney Glaser stated that ten (10) months was a lengthy period of time, that Ruffridge Johnson has great potential but is dependent on Oppidan and that it is Council's decision. Discussion ensued regarding the process for considering the request and whether or not it should be completed during the Closed Executive Session. Administrator Ericson stated that additional discussion would be held during the Closed Executive Session and he would be contacting Mr. Pederson and Mr. Ulvestad the following morning. 2. Met. Council Response to Questions Re: Flow Rates/Fees Item was tabled to the next Regularly Scheduled Council meeting. X. NEW BUSINESS 1. 2017 Vendor for Port -a -Pots (Parks) Administrator Ericson stated that he felt that the item should have been on the Consent Agenda as the item was an annual expenditure and with his absence he was unable to review the agenda prior to the meeting. Building Official/P. W. Director Palzer stated that he had received two (2) bids for the services with Jimmy's Johnnys being the lowest bidder. He stated that both vendors have increased their fees slightly but primarily with the Damage Waiver. Discussion ensued as to the use of a vendor last year and Mr. Palzer replied Jimmy's Johnnys. Council Member King questioned whether Staff checks the condition of the Port -a -Pots on a regular basis and Mr. Palzer stated yes. Council Member Montain, seconded by Council Member Koski to as presented. All in favor. Motion carried. 2. Discussion of Downtown Overlay Engineer Statz stated that Council previously discussed the condition of roadways and municipal services in the downtown area. He reported that Staff has drafted a future reconstruction plan for the area. Page 5 of 10 City of Centerville Council Meeting Minutes April 12, 2017 Engineer Statz stated that an overlay was considered with the potential to add a change order to the 2017 Mill & Overlay; however, the cost exceeds 25% of the original project which does not meet the requirements of such change order procedures. He reported that Staff recommends a 2" overlay rather than previously discussed 1" overlay last year due to the degradation of the existing roadway which would cost approximately $115,000. He stated that there was an option 2, pursuing a separate bid process for the reconstruction but the process may be take until June/July before a contact could be awarded but this would allow the potential for the same contractor to provide financial incentive to the City as his equipment is already here. Engineer Statz stated that another option would be to wait until early next year to bid the project reaping the benefit of early bidding and that no other projects are scheduled for the year allowing for budgeting and financial impacts. He stated that Staff visually inspected the areas of concerns including drainage, lack of roadway crown, storm sewer extension and driveways which all make the project more complicated and expensive. Engineer Statz stated that Staff does not feel it to be prudent at this time to reconstruct the roadway without placing municipal services. Administrator Ericson stated that with securing an Hamline University Graduate, Staff would take a fresh look at obtaining grant funding from sources such as the Metropolitan Council. He informed Council that a preliminary meeting has taken place with positive support received from Metropolitan Council. Lengthy discussion ensued regarding mill and overlay with a life expectance being five (5) years at the cost of approximately $115,000 versus total reconstruction of approximately $750,000 with municipal services and assessments. Consensus that the roadways were deteriorating rapidly, costs continue to rise and that the item should be discussed at another meeting. 3. MPA Hamline University Student Projects Discussion Administrator Ericson stated Dr. Craig Waldron has offered another graduate student to the City of Centerville at no cost. Ms. Behea Manasra will work on the Council's 2017 City Council Focus Goals. He reported that if Ms. Manasra is granted the internship, she brings beneficial experience in areas of grant writing along with work experience. She is eager to commence working with the City every Thursday as she is currently employed full-time. Administrator Ericson stated that an additional meeting has been scheduled for the following week with the Met. Council to discuss the downtown area. Council Member Montain stated that the downtown reconstruction should include the Building Official/P. W. Director and City Engineer. Administrator Ericson reported that with the hiring of the intern would also be working on additional projects such as assisting with the reconfiguration of an EDA. Council Member Love, Seconded by Council Member King to Hire Ms. Behea Manasra as a Special Proiects Intern for a Duration of Not to Exceed One (1) Year Unpaid. All in favor. Motion carried. Page 6 of 10 City of Centerville Council Meeting Minutes April 12, 2017 4. P & Z Recommendation for Approval of Conditional Use Permit — Luther Towing, 7095 — 20th Avenue South a. Findings & Decision b. Permit Attorney Glaser stated that the B-1 (Commercial) District does not allow for salvage yards, the applicant requested that towed vehicles be stored outside while admitting that he had alternative storage site in Maplewood. The City desires to be pro-business while protecting the public from potential safety concerns associated with similar business, aesthetics and regulations. He reported that the City became aware of the applicant's operation through enforcement action and threats of litigation in December, 2016. The owner/operator of the business has been less than forthright in the operations of his business up until this point. Attorney Glaser stated that lengthy discussion took place at the Planning & Zoning Commission meeting and their desire to be pro-business. The commission discussed an Interim Use Permit rather than a Special Use Permit. The also discussed requirements for use, owners of businesses renting to potential clients without consideration of zoning prior to signing leases, the owner/operator's vehicle inventory, staffing, indoor storage, enforcement, previous zoning of the area being I-1 (Industrial) with grandfathering of current businesses in operation, parking accommodations on site, Conditional Use Permits running with the property, previous tenant King Core's overall appearance at the site being less than appealing and violations. Public Works Director/Bldg. Official Palzer stated that Mr. Craig Kozar, Automotive Drive Line, has been in the City for years, is upstanding and take pride in the appearance of his building. Lengthy discussion ensued regarding enforcement and associated costs, Conditional Use versus Interim Use, the City being business friendly, threatening enforcement action prior to the application, applicant's lack of honesty to this point, timeframe for granting an Interim Use Permit (NP), waiving fees for an Interim Use Permit and its renewal, fee schedule, certain activities that are regulated by MN State Statute regarding chemical wastes and steps to issuance of an IUP versus CUP. Attorney Glaser recommended denying the Conditional Use Permit and favored an IUP with the same conditions and send back to P&Z Mayor Paar suggested the City deny without P &Z and grant IUP under same conditions, applicant has not applied for and would have to agree to work under a conditionally granted IUP if both the landowner and operator agree to terms. Motion by Council Member Montain to Deny the Requested Conditional Use Permit Application and Granting of an Interim Use Permit with the Same Conditions for a Nine (9) Month Period and Waiving the Associated Fee. Page 7 of 10 City of Centerville Council Meeting Minutes April 12, 2017 Council Member Love directed Staff to ensure compliance. Seconded by Council Member Love. All in favor. Motion carried. Xl. COUNCIL & ADMINISTRATION ANNOUNCEMENT 1. Administrator Ericson a. Firefighter Matt Montain — Centennial Fire District Firefighter of the Year Administrator Ericson reported that he attended the CFD Awards Ceremony where Mr. Matt Montain was presented with the Firefighter of the Year award. b. Midwest Events Thank You Administrator Ericson stated that this item was placed in the packet as an FYI and that Midwest Events operates a reputable business with the event being sponsored by Kelly's Korner and attended by many. C. Lino Lakes Vacation of Drainage/Utility Easements (Northpointe 3rd & 4th) Administrator Ericson stated that this item was placed in the packet as an FYI. d. 2017 Fete des Lacs Festival Meeting, March 27, 2017 Administrator Ericson stated that the Committee continues to improve the festival with new activities.. e. Local Government Officials Meeting, March 29, 2017 Council Member Koski stated that he and Administrator Ericson and Mayor Paar attending this meeting where 21 municipalities attended and topics of discussion were police body cameras, agricultural buffering zones, appointments to the Metropolitan Council and that he felt that it was very informative. Council Member Montain stated that he attended the Parks & Recreation Committee meeting where they recognized the services of Council Member King and reported that Movie in the Park had been scheduled for September 16 with a rain date of September 23. The Committee requested updating of the Special Event Application to make it more user-friendly. Council Member Montain thanked the Council for their continued support of the Centennial Fire District. Staff has revised the application with one entity utilizing it who reported that "it was very streamlined and easy to use ". The application is available on the City's website. Page 8 of 10 City of Centerville Council Meeting Minutes April 12, 2017 Mayor Paar reminded residents and Council Members that tickets remained available for the Centerville Lions Cadillac Dinner scheduled for April 29, 2017 at St. Genevieve's Community Parish Center at 6:00 p.m. Mayor Paar also reported on the Local Government Officials Meeting and stated that representatives from many communities attended the session with many topics discussed including the governing of cities with less state involvement and a large amount of bills (25,000) which is more than doubled since 2013. He stated that Administrator Ericson and Mayor Paar met with Representative Runbeck and Senator Chamberlin recently at the LMC Legislative Conference held at the State Capitol. Mayor Paar also reported that he attended a recent Centennial Fire District Steering Committee meeting where items discussed a request from the Relief Association regarding an increase of $500 in pension funding with the last increase being in 2011. The Committee authorized a $200 increase and would revisit the issue in October once State funding amounts have been obtained. He stated that the District is attempting to remain competitive for hiring purposes and morale. He also reported that budgetary figures would be available in August. He stated that the budget is on track. He also reported that Chief Lundstrom have submitted for a matching grant through the DNR for hoses and fittings for the new truck. He reported that discussions were had regarding duty crew coverage during daytime hours, expanding services and contracts with neighboring communities and free fire safety inspections. Xl. RECESS TO CLOSED EXECUTIVE SESSION Mayor Paar recessed the regularly scheduled Council Meeting at 8:50 p.m. Respectfully submitted by Teresa Bender, City Clerk CLOSED EXECUTIVE SESSION I. CALL TO ORDER Mayor Paar called to order 8:55 p.m. With all Council Members in attendance along with Administrator Ericson, City Attorney Glaser, Engineer Statz and Building Official/P. W. Director Palzer. Minutes will become public at a later date. III. ADJOURNMENT — CLOSED EXECUTIVE SESSION Mayor Paar adjourned the Closed Executive Session at 10:01 p.m. XII. ADJOURNMENT — REGULARY SCHEDULED COUNCIL MEETING Page 9 of 10 City of Centerville Council Meeting Minutes April 12, 2017 Motion by Council Member King, seconded by Council Member Montain to adiourn the Work Session at 10:02 p.m. All in favor. Motion carried. Respectfully submitted by Michael Ericson, City Administrator Page 10 of 10