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HomeMy WebLinkAbout2018-10-24 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING MINUTES October 24, 2018 5:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council meeting of October 24, 2018 at City Hall, 1880 Main Street. PRESENT: Mayor Jeff Paar Council Member King Council Member Russ Koski Council Member Love Council Member Matt Montain ABSENT: None STAFF: City Administrator Mark Statz I. CALL TO ORDER Mayor Paar called the meeting to order at 5:30 p.m. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Mayor Paar added under Consent Agenda, Item 41, replacement page 5a, corrected Item 43 as to the date being October 18 rather than July 10 and (Check 48339-8346) w/Voided (Check 48334- 8338) rather than (Check 48334-8338) w/Voided (Checks 48334-8338), added replacement pages under Old Business, Item 41, c, removed Item 43 under New Business and added: Item 44. Mr. & Mrs. Sean Laidig, 1275 Mound Trail — Special Assessment Agreement Waiver of Hearing & Appeal, Item 45. Ms. Nancy Laska, 1393 Mound Trail — Special Assessment Agreement Waiver of Hearing & Appeal, Item 46. Mr. & Mrs. Jacob Wallin, 1966 North Robin Lane — Special Assessment Agreement Waiver of Hearing & Appeal, Item 47. Ms. Katrina A. Vermeulen, 1645 Peltier Lake Drive — Special Assessment Agreement Waiver of Hearing & Appeal and Item 48. Mr. Donald Olsen, 1283 Mound Trail — Special Assessment Agreement Waiver of Hearing & Appeal. He provided an opportunity for others to add or delete any items. Motion by Council Member Love, seconded by Council Member Montain to Approve the Agenda as with the above stated modifications. All in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS 1. None. V. PUBLIC HEARING City of Centerville Council Meeting Minutes October 24,2018 1. None. VI. APPROVAL OF THE MINUTES 1. September 26, 2018 City Council Meeting Minutes Mayor Paar provided an opportunity for modifications and stated that there was a replacement page, page 5a. Motion by Council Member Montain, seconded by Council Member Koski to Approve the September 26, 2018 Meeting Minutes as Presented. All in favor. Motion carried. 2. October 10, 2018 City Council Meeting Minutes Mayor Paar provided an opportunity for modifications. Motion by Council Member Montain, seconded by Council Member King to Approve the October 10, 2018 Meeting Minutes as Presented. All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville October 10, 2018 through October 24, 2018 Claims (Check #32190-32215) W/Voided Check#32210 & (Check#32211 - 32215) 2. Centennial Lakes Police Claims through October 17, 2018 (Check#12241-12266) W/Payroll Check#12240 3. Centennial Fire District Claims through October 10, 2018 (Check#8339-8346) W/Voided Check#8334-8338 Mayor Paar provided Council with an opportunity to discuss any item(s). Motion by Council Member Montain, seconded by Council Member Love to Approve the Consent Agenda as Presented. All in favor. Motion carried. VIII. OLD BUSINESS 1. Bay View Villas a. Rezoning from R-3 and B-1 to R-2A Administrator Statz stated that grading has commenced on the site. He also stated that rezoning, a Conditional Use Permit, a Developer's Agreement, Homeowners Association documentation and Final Plat where needed to continue the construction process. He stated that once these documents/actions are completed, the utilities and a gravel road bed will be constructed. He reported that he and the Public Works Director discussed the ability of plowing a gravel roadway due to impending weather and it was felt that it would be acceptable. He reported that the developer/contractor felt that a home or homes could be constructed on the site nearest the lake this winter. Page 2 of 8 City of Centerville Council Meeting Minutes October 24,2018 Attorney Glaser stated that all action needed to work in concert with each other, discussed the existing home on the plat, outlots, common land (three (3) areas — two (2) open space and a monument site), two (2) docks with two (2) slips each for upland home access and individual docks for those that abut the Lakeshore. He reported that lot sizes have changes to achieve higher density. He stated that regulations are in place that will not allow water accessory structures and it is anticipated that this will have a more uniform appearance from the lake. Attorney Glaser reported that the existing house would not be governed by the Conditional Use Permit so it does not fall under the regulations of the CUP. Administrator Statz stated that the Planning & Zoning Commission has reviewed all documents and spent a great deal of time reviewing and providing input regarding this development. Council Liaison Koski stated that the Commission worked diligently on this project with contentious areas being a private versus public roadway, docks on site and thanked them for their expertise. Lengthy discussion ensued regarding floodplain areas, raingardens, depressed area near the lake, no public access to lake, driveway connections to LaVaLLe Drive properties with property owners completing a joint project to abandon the existing LaVaLLe Drive and extend their driveways for connection to the new LaVaLLe Drive. Administrator Statz stated that 7252 Main Street (Zimney) desired to retain his existing driveway access to the private LaVaLLe Drive and Main Street. Additional discussion ensued regarding curb and gutter along Main Street for the vacated existing LaVaLLe Drive along with installation of sewer stubs for LaVaLLe Drive residents rather than obtaining sewer services from the rear of their properties along the lake as a secondary option. Administrator Statz stated that the residents along LaVaLLe Drive will have stubs installed for water also. Mr. Eric Marshall has secured easements for his proposed future development. Administrator Statz stated that the existing DeFoe property is part of the plat, but not part of the CUP for a PUD. Discussion ensued regarding costs, escrows, erosion controls, shoreline preservation, landscape plans with the center of lots being crowned and drainage to property lines with raingardens near the Lakeshore providing the ability for water to be filtered prior to draining to the lake. Administrator Statz stated that concerns for Lakeshore erosion and water quality remain high for this development. Attorney Glaser stated that several typographical corrections have been made to the proposed Developer's Agreement along with smaller substantive changes. Council Member King requested whether any modifications have been made since the last time Council reviewed the plans and Administrator Statz stated that the 30' buffer has been modified as the builder felt that it would be extremely difficult to obtain a $750,000 price point for homes without lake view or lake shore so the new proposal is to sod in the buffer area and crowning for rain to drain toward a raingarden or depression before entering the lake for filtration. Administrator Statz stated that all runoff will have an opportunity to be filtered prior to reaching the lake. Page 3 of 8 City of Centerville Council Meeting Minutes October 24,2018 Mr. Frank Zimney, 7252 LaValle Drive addressed Council stating that most items of concern have been addressed either this evening or prior to this evening from the July 11, 2018 meeting. He stated that an east bound turn lane has not been addressed appropriately for safety and felt that additional discussion should be had with Anoka County. He stated that he forwarded letters to Administrator Statz regarding the concerns he has for his driveway and connection to the new LaValle Drive. Mr. Zimney stated that he would like to straighten his driveway and he desired to know where the property lines for Outlot A would be so that he could attempt to have a non "s" driveway. He also stated that the plat shows LAVALLE DRIVE in all caps and it should be a combination of lower and upper case on the plat,post office, etc. Discussion ensued regarding Anoka County not requiring the installation of a turn lane but the alignment of Peltier Lake Drive with the new LaValle Drive. Mayor Paar stated that the roadway could become problematic in the future with the large growth that will be experienced along 20th Avenue Mr. Rich DeFoe stated that Mr. Zimney needed to determine whether he was going to connect his existing driveway as others are along LaValle Drive soon to accommodate the construction schedule. b. Conditional Use Permit for a Planned Unit Development Attorney Glaser stated that the CUP for a PUD controls the construction of the project, includes timeframes for items of completion and Mr. & Mrs. DeFoe will be transferring all holdings into a Limited Liability Corporation (LLC) which would come before Council at a later date. C. Developer's Agreement Attorney Glaser stated that the Developer's Agreement is a safety mechanism for the City and puts in place enforcement actions if items are not constructed to specification, which adds enforcement and remediation powers for the City in the event that the developer leaves the project incomplete, the economy fails, etc. and allows for a letter of credit which the City can draw on in the event something is incomplete. Attorney Glaser stated that the three (3) items for consideration this evening will allow Administrator Statz authority to guide the project to the next phases of final plat, final landscaping, as-builts, and adjustments to plans prior to final plat along with site oversight. Attorney Glaser stated that the Developer's Agreement also contained language regarding costs for private improvements, warranty periods and ownership of the private improvements. He also stated that it discusses park dedication fees, storm water area charges, building permit fees. Attorney Glaser stated that the private improvements will cost $600,000 and with the added 150% be $900,000 for the amount of the letter of credit. Mr. DeFoe will be requesting reductions in this letter of credit from time to time when construction is completed, a home is sold, etc. Discussion was had regarding the Home Owners Association documents and Attorney Glaser explained that they would govern common areas, maintenance of those areas, allowing City Page 4 of 8 City of Centerville Council Meeting Minutes October 24,2018 access to these areas, allows for the City to operate and receive payment for services if the Home Owners Association becomes insolvent. Discussion took place regarding Met. Council SAC credits for 10 units with the removal of the business and that building permits would not be charged the SAC fee for the first 10. Council Member Love had a concern regarding street sweeping during construction and the ability for the City to take care of this issue if the developer fails to. Additional discussion took place regarding the Zimney driveway issue. Administrator Statz stated that the current plans obligated the construction the way it was shown, however, Mr. Zimney would have approximately a week and a half to decide about the relocation to the new LaValle Drive. Mr. Zimney stated that he will be out of town and would like to take care of this issue but the property line to Outlot A is difficult to visualize. Administrator Statz volunteered to meet with Mr. Zimney the following day to determine the lot line. Discussion ensued regarding cost of curb and asphalt removal along with trail reconstruction. Administrator Statz stated that the cost of these items would be approximately $5,000. Mr. Rich DeFoe stated that he does not have to provide anything to anyone as the entire development is on his own land. As Mr. Zimney was unprepared to make a decision as to the connection to the new LaValle Drive or continuing to utilize the old LaValle Drive and his existing driveway, Attorney Glaser stated that Council should motion a dollar amount not to exceed for removal of the existing driveway and set a deadline date for Mr. Zimney. It was determined that the deadline date would be October 28, 2018, with Mr. Zimney's answer to be delivered to City Hall in writing. It was also determined that sewer and water stubs should be installed for the existing homes on LaValle drive at the same time and Mr. DeFoe's contractor is on site installing municipal improvements for the project. Ms. Kathi LaValle, 7242 LaValle Drive, clarified that they had agreed to move their driveway and remove the gravel roadway and offered to complete up to the Zimney property but were unable to take care of the trail or the curb. She did not believe it was their responsibility and that they did not have the ability to do so. Motion by Council Member Koski, seconded by Council Member Love to Approve the Recommendation of the Planning & Zoning Commission and Approve the Findings of Fact Submitted by Stantec in Their Memo Dated July 10, 2018 Contingent Upon Recording of the Final Plat for Bay View Villas as Presented. All in favor. Motion carried. Motion by Council Member Love, seconded Council Member Montian to Approve the Recommendation of the Planning & Zoning Commission and Approve the Conditional Use Permit (CUP) for a Planned Unit Development (PUD) for Bay View Villas Contingent Upon Recording of the Final Plat. Attorney Glaser stated that subparagraph d should contain the following language "no setback for a driveway from southern boundary of Outlot A. Additional discussion ensued regarding funding and timeline. Both Council Members Love and Montain accepted Legal Counsel's added Language Regarding the Driveway Setback to Outlot A. All in favor. Motion Carried. Page 5 of 8 City of Centerville Council Meeting Minutes October 24,2018 Motion by Council Member Koski, seconded by Council Member Montain to Approve the Presented Developer's Agreement with a Signed Landscape Plan Approved by the City Engineer and Contingent Upon Recording of the Final Plat for Bay View Villas. All in favor. Motion carried. Motion by Council Member Love, seconded by Council Member King to Approve the Final Plat for Bay View Villas as Submitted. All in favor. Motion carried. Motion by Council Member Love, seconded by Council Member Montain to Authorize Staff to Expend up to $5,000 to Remove the Bituminous Trail and Provide for Restoration of Curb and Gutter per County Specifications of the Existing LaValle Drive if Mr. Zimney Chose to Relocate his Existing Driveway Similarly to other Property Owner's on the Existing Private Drive. All in favor. Motion carried. Both Misters Jim Boo and Rich DeFoe thanked Council for consideration this evening and Mayor Paar thanked staff for their diligence in working through this process. 2. Old Mill Estates a. Escrow Agreement for Grading Administrator Statz stated that both the Old Mill Estates and Peltier Estates items are Escrow Agreement allowing the developers to commencing grading on the projects. He stated that the agreements allow the City security in case the developers were to fail to fulfill their obligations or complete the project(s) not to the City's specifications. Motion by Council Member Koski, seconded by Council Member Montain to Approve the Old Mill Estates Escrow Agreement as Presented Allowing for the Proiect Site to be Graded. All in favor. Motion carried. 3. Peltier Estates a. Escrow Agreement for Grading Motion by Council Member Love seconded by Council Member King to Approve the Peltier Estates Escrow Agreement as Presented Allowing for the Proiect Site to be Graded. All in favor. Motion carried. IX. NEW BUSINESS 1. Closing City Hall December 24, 2018 with Staff Utilizing PTO Administrator Statz stated that staff is requesting for Council to consider closing City Hall and Public Works on December 24, 2018 for Christmas Eve with those staff members (Public Works) who desire to work having the ability to do so. Administrator Statz stated that all staff members that desire to participate in this would be utilizing their Personal Time Off(PTO) to do so. Page 6 of 8 City of Centerville Council Meeting Minutes October 24,2018 Motion by Council Member Love, seconded by Council Member Montain to Close City Hall and Public Works on December 24, 2018 with Staff Utilizing Personal Time Off(PTO) in Exchange for Not Working and Those Staff Members Who Chose to Work May. All in favor. Motion carried. 2. Cancellation of December 26, 2018 City Council Meeting Administrator Statz stated that the second City Council meeting of December would be the day after Christmas, with previous practice being cancelling the second meeting of the month and if needed the Mayor would call a meeting. Motion by Council Member King, seconded by Council Member Love to Cancel the Regularly Scheduled Council Meeting of December 26, 2018. All in favor. Motion carried. 3. Mr. & Mrs. John Kelly, 7258 Mill Road- Special Assessment Agreement Waiver of Hearing & Appeal Administrator Statz stated that this item was removed from the agenda at the beginning of the meeting. 4. Mr. & Mrs. Sean Laidig, 1275 Mound Trail — Special Assessment Agreement Waiver of Hearing & Appeal 5. Ms. Nancy Laska, 1393 Mound Trail — Special Assessment Agreement Waiver of Hearing & Appeal 6. Mr. & Mrs. Jacob Wallin, 1966 North Robin Lane— Special Assessment Agreement Waiver of Hearing & Appeal 7. Ms. Katrina A. Vermeulen, 1645 Peltier Lake Drive — Special Assessment Agreement Waiver of Hearing & Appeal 8. Mr. Donald Olsen, 1283 Mound Trail — Special Assessment Agreement Waiver of Hearing & Appeal Administrator Statz stated that several residents have requested that Council consider granting them the ability to have the Water Lateral Fee assessed to their property taxes at a 5% interest rate and ten (10)year period. Motion by Council Member Montain, seconded by Council Member King to Approve New Business Items #4-8 and Enter into Agreements with Said Property Owners as Presented. All in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS Administrator Statz stated that he and Mr. Mike Brass met recently with an interested developer in the Block 7 area of down town. Page 7 of 8 City of Centerville Council Meeting Minutes October 24,2018 Council Member King stated that someone had recently been looking at the empty lot along 20th Avenue. Administrator Statz had stated that there was an interested party in the site but he has not heard anything in a while regarding their continued interest. Mayor Paar stated that the City of Lino Lakes is attempting to put together history and historical photos for the township and if anyone has anything they are interested in contributing to contact the City of Lino Lakes or City Hall. Mayor Paar stated that Absentee/Early Voting is taking place at City Hall (7:30 a.m. —4:00 p.m.) currently and that City Hall would be open on November 3 from 10:00 a.m. — 3:00 p.m. and November 5 until 5:00 p.m. He also stated that on General Election Day the City's polling place is St. Genevieve's Community Parish from 7:00 a.m. —8:00 p.m. Mayor Paar stated that it was he and his wife's 20th wedding anniversary, he thanked her for allowing him to serve his community over the past 16 years and hoped that he would be home before midnight to spend time with her. XIII. ADJOURNMENT Motion by Council Member Koski, seconded by Council Member Montain to Adiourn the Regularly Scheduled Council Meeting of October 24, 2018 at 7:26 p.m. All in favor. Motion carried. Respectfully submitted by City Clerk, Teresa Bender Page 8 of 8