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HomeMy WebLinkAbout2019-05-08 CC Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING May 8, 2019 6:30 p.m. CITY COUNCIL Pursuant to due call and notice thereof, the City of Centerville held a scheduled City Council Work Session on May 8, 2019 at City Hall, 1880 Main Street. PRESENT: Mayor Jeff Paar Council Member D. Love Council Member Michelle Lakso (1, Council Member Matt Montain it ABSENT: Council Member Russ Koski STAFF: City Administrator Mark Statz City Attorney Kurt Glaser COUNCIL I. CALL TO ORDER Mayor Paar called the meeting to order at 6:31 p.m. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Mayor Paar provided an opportunity for others to add or delete any items. Administrator Statz requested that VIIL Old Business, Item 45, Bay View Villas Homeowner's Association documents be pulled from the agenda. Motion by Council Member Love, seconded by Council Member Montain to Approve the Agenda with the Above Stated Removal. All in favor. Motion carried. L APPOINTMENTS/PRESENTATIONS 1. Vacant Seat—Parks and Recreation Committee a. Ms. Kathy Freiermuth Administrator Statz stated that Ms. Kathy Freiermuth has made application for the vacant seat and had attended several meetings of the Parks and Recreation Committee was interested in serving on the Committee. Ms. Freiermuth is the only candidate at this time. The Committee recommended that Council appoint her at their meeting of May 1, 2019. Motion by Council Member Montain, seconded by Council Member Lakso to Appoint Ms. Kathy Freiermuth to the Parks & Recreation Committee. All in favor. Motion carried. Council welcomed her to the Committee. City of Centerville Council Meeting Minutes May 8,2019 2. Vacant Seat—Planning & Zoning Commission a. Mr. Jon Krueger Administrator Statz stated that Mr. Jon Krueger has made application for the vacant seat and had attended a meeting of the Commission was interested in serving on the Commission. Mr. Krueger is the only applicant at this time. The Commission recommended that Council appoint him at their meeting of May 7, 2019. Motion by Council Member Love, seconded by Council Member Montain to Appoint Mr. Jon Krueger to the Planning & Zoning Commission. All in favor. Motion carried. II. PUBLIC HEARING 1. None. III. APPROVAL OF THE MINUTES 1. April 24, 2019 City Council Meeting Minutes Administrator Statz stated that the minutes were unavailable. Motion by Council Member Lakso, seconded by Council Member Love to Table the April 24, 2019 City Council Meeting Minutes. All in favor. Motion carried. VIL CONSENT AGENDA 1. City of Centerville Claims through May 8, 2019 Claims (Check#32616- 32643) W/Voided Check#32051 & E-Check#1335E-1342E) 2. Centennial Lakes Police Claims through April 23, 2019 (Check#12596- 12603) 3. Centennial Fire District Claims through May 1, 2019 (Checks #5821-8529) 4. Encroachment Agreement—Shed, 7212 Mill Road Mayor Paar provided an opportunity for Council to add or remove any item(s) to the consent agenda. Motion by Council Member Lakso, seconded by Council Member Montain to Approve the Consent Agenda as presented. All in favor. Motion carried. IV. OLD BUSINESS 1. Ordinance #XX (First Reading) — Creating a new B-2 Main Street Commercial District, Amending the text of the B-1 District and Amending the Table of Allowed Uses Page 2 of 7 City of Centerville Council Meeting Minutes May 8,2019 Administrator Statz stated that the Planning & Zoning Commission held a public hearing, a handful of people were in the audience. No one spoke regarding this item. He stated that the Commission discussed one (1) specific business Automotive Drive Line (ADL) and its ability to continue to operate under the "grandfather clause" as long as it's existing or a similar business exists without a cease in operation of more than one year. Administrator Statz stated that the Commission has discussed zoning along Main Street/20th Avenue for quite some time, types of businesses desired along both roadways, outside/inside retail sales, mini-storage, etc. Council Member Lakso suggested that additional information could have been mailed along with notices as the legal notice was not very clear. She also had concerns regarding noise being emitted from a pet daycare and it was clarified that it was not allowable in the B-2 District. Mayor Paar questioned the inclusion on the map within the Stantec memo of 7129, 7131 and 7137 — 20th Avenue North. Administrator Statz stated that these addresses were in error and the correction will be prior to the next Council meeting. Council Member Montain questioned how the rezoning would affect Automotive Drive Line (ADL) and Administrator Statz stated that it would be "grandfathered in"per state law. Administrator Statz stated that staff had spoken with Mr. Craig Kozar, owner of ADL who stated that he would be staying in Centerville until his retirement and then would potentially sell the business to someone else who would operate a similar business. Administrator Statz stated that staff also spoke with the owner of 7070 and 7090 — 20th Avenue, Mr. Dean Anderson as he owns one (1) lot that abuts Main Street who would be affected by the B-2 zoning and one (1) lot that would remain B-1. Mr. Anderson questioned what would happen if he sold both properties to someone and staff stated that a request for rezone could be made for the parcel zoned B-1 dependent upon the use desired. Council Member Montain questioned the ability to rebuild when a designation of "grandfathering"pertained. City Attorney Glaser stated that subsequent to one (1) years' time of nonuse in the same manner, it is no longer grandfathered. Mayor Paar stated that Mr. Jim Shuda was in attendance of the Planning & Zoning Commission meeting and is in the audience this evening. Mayor Paar offered an opportunity for Mr. Shuda to speak. Mr. Jim Shuda, CFO of Alex's Lawn & Turf, 7087 — 20th Avenue stated that he desired to be in compliance with City Code, explained the length of time his son has been in business, gave a little about his background, being a profitable business and the need for his son's business to operate with the winter months during evening hours providing the capabilities of loading and unloading salt, sand and equipment. Brief discussion ensued regarding noise requirements and that this rezoning did not affect their business operation. Council Member Lakso thanked Mr. Shuda for his comments. Page 3 of 7 City of Centerville Council Meeting Minutes May 8,2019 2. Ordinance#XX (First Reading) —Rezoning Certain Properties from B-1 to B-2 Administrator Statz felt that the issue had been discussed previously. He stated that this was the first reading and it again would be placed on Council's agenda for their next meeting. 3. Old Mill Estates —Escrow Agreement for Grading Administrator Statz stated that the development is on the north end of Old Mill Road and they would like to begin grading prior to recording of the plat. He stated that it would be at their own risk. He stated that the City is attempting to protect itself by requiring this agreement. Council Member Lakso questioned whether the $5,000 escrow would cover roadway damage from truck hauling dirt. Administrator Statz stated that he did not believe trucks would be hauling material in our out of the project. Council Member Lakso questioned the City's infrastructure. Administrator Statz stated that prior to these services being installed a letter of credit would be instituted. City Attorney Glaser stated that language would be contained in the Developers Agreement also. Council Member Lakso was concerned regarding recourse if the roadway was damaged and questioned whether the City has recourse against the contractor or developer. Attorney Glaser stated that in the past we have been able to hold the contractor liable. Motion by Council Member Lakso, seconded by Council Member Love to Approve the Escrow Agreement for Grading for Old Mill Estates as presented. All in favor. Motion carried. 4. Revisions to Bay View Villas Conditional Use Permit Administrator Statz stated that the previously Council approved the Conditional Use Permit and now the developer is requesting a modification to allow for pools. He stated that it primarily affects one rather large lot. He stated that the amendment would allow lots greater than 20,000 square feet to install a pool. Council Member Lakso was concerned about setbacks for the pool. Administrator Statz stated that the Planned Unit Development does not allow for accessory structures on any lots and with a PUD it is give and take with the City and the developer. He stated that no sheds, or gazebos, etc. are allowed. He reported that previously the developer was interested in allowing lap pools and hot tubs on decks or under decks but did not understand that a full size pool would not be allowed. Council Member Lakso questioned the possibility of the developer coming back to request outside storage. Attorney Glaser felt that they would not due to the fact that the Homeowners Association (HOA) would govern this. Page 4 of 7 City of Centerville Council Meeting Minutes May 8,2019 Council Member Love stated remarked that he thought hot tubs were a great idea. Administrator Statz stated that they are not considered an accessory structure and do not require permitting if not connecting to electricity or plumbing. City Administrator Statz stated that with the discussions regarding the pool, discussions took place regarding any other items that they desire to modify and it appears that they are satisfied with the HOA documents and restrictions. City Attorney Glaser stated that after the documents are recorded with the County fees will be associated with any modifications the developer may request. He also stated that the developer's agreement and HOA documents should be completed shortly. He reported that no action is needed at this time as this is the first reading of this item and it will be placed back on Council's next meeting agenda for consideration. 5. Bay View Villas Homeowner's Association Documents This item was removed from the agenda. IX. NEW BUSINESS 1. Discuss Rescheduling of June 26, 2019 Meeting Administrator Statz stated that previously several members felt that they would not be able to attend this meeting and he desired to again ask whether a quorum was anticipated or rescheduling may be needed. Council Member Lakso stated that due to a personal appointment she is unable to attend the League of Minnesota Cities Annual Conference and that should would be in attendance. Council determined that they should have a quorum of member at the meeting and there was not need to reschedule. 2. Resolution #19-OXX—Approving the Nomination of Mayor Jeff Paar for the C.C. Ludwig Award Administrator Statz stated that staff and community have recognized an opportunity to nominate Mayor Paar for the C.C. Ludwig Award as Mayor Paar has been extremely active in the community for such a extensive period; having served the community for 16 years. Mayor Paar stated that he was deeply humbled and questioned the City Attorney whether he should abstain from the vote. City Attorney Glaser stated that that would be a decision for Mayor Paar to make. Motion by Council Member Love, seconded by Council Member Montain to Adopt Res. #19-009 — Approving the Nomination of Mayor Jeff Paar for the C.C. Ludwig Award and Forwarding Same to the League of MN Cities for Consideration. Mayor Paar abstained. Motion carried. Page 5 of 7 City of Centerville Council Meeting Minutes May 8,2019 Mayor Paar thanked all who have supported him over the years and who provided letters of support. He stated that he was honored. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator/Engineer Report Administrator Statz stated that he was unable to complete a report as he was out of the office attending a seminar. He also stated that the City had been awarded a Community Development Block Grant for municipal water services to be installed in the downtown area and that if individuals throughout the City met income guidelines connection fees other costs for water service installation could be covered. He also reported that the auditors have been completing their annual audit and we should receive a preliminary report shortly. He reported that nothing notable had been brought to his attention. He thanked Finance Director DeJong and Senior Account Clerk Sweeney for their diligence in preparation. City Attorney Glaser stated that he participated in a meeting with well drillers and several residents regarding their concerns for mandatory municipal water connection and stated that staff will be bringing back a recommendation to Council. He also reported that the Anoka County Law Day was well served with 1,200 cases being handled. He stated that more counties are providing similar events. Council Member Lakso stated that she recently attended the Parks & Recreation Committee meeting where one individual was recommended for appointment and another was in attendance to determine whether she was interested in becoming a member. Council Member Lakso stated that the Parks & Recreation Committee's Earth Day/Park Cleanups went very well and were well organized. She stated that she had attended the recent Fete des Lacs meeting where events and planning are taking place. Council Member Love congratulated Mayor Paar on his nomination for the C.C. Ludwig Award. He reported that there was a Special Police Governing Board meeting the following week and reminded the public that the parade registration is open and free to sign up. Council Member Montain stated that he attended the Anoka County Fire Protection Council where discussions regarding equipment, i.e. radios and switching over to the "Samantha" computer toning out during dispatch's heavy traffic times. Council Member Montain stated that Utility 15 or otherwise known as the Chemical Assessment Team vehicle was transferred over to Station 3. He also reported that the Anoka County Special Rescue Team is looking to purchase a new trailer and it is believed that a grant is available for this. He stated that the Anoka County Fire Investigation Team was donated an ambulance from Allina Health and the Protection Council is working on the 3M Golf Tournament Emergency Management planning. Council Member Montain stated that he was unable to attend the Centennial Fire Awards Ceremony but individuals from Station 3 received several awards. He stated that Bryce Wasiloski received the Chief s Award for Excellence/Firefighter of the Year and Kathy Peil received the Chief s Award Page 6 of 7 City of Centerville Council Meeting Minutes May 8,2019 of the Year. Administrator Statz stated that Council Member Montain also received the Instructor of the Year Award. Mayor Paar thanked Council Member Montain for his service and congratulated him on his award. He also congratulated Mr. Wasiloski and Ms. Peil for their awards. Mayor Paar stated that he and Mr. Patrick Branch attended the Centennial Middle School to present the Fete des Lacs Logo winners with a check for $200 and $100. They also provided all participants with D.Q. ice cream bars. Mayor Paar also stated that he attended the previous evening's Planning & Zoning Commission where Mr. Jon Krueger was present, had completed an application for appointment and gave a brief synopsis of his qualifications. Mayor Paar stated that the Commission recommended his appointment unanimously. He also stated that a large amount of the Commission discussion was regarding rezoning. He reported that a special meeting was scheduled for May 21, 2019 for a Conditional Use Permit for Midwest Best Water as their business is primarily assembly and the property is zoning Industrial. Mayor Paar stated that he attended the Annual Mayors Conference in Stillwater recently where discussions were held regarding EDA's purchasing property and old buildings, microbreweries, and reaching out to high school students as volunteers or members on commission/committees. He stated that neighborhoods are experiencing younger individuals (20-30's) purchasing homes and desiring to be active. Mayor Paar also spoke about EDA getting their own web site and promoting local businesses. He stated that it was a tremendously informative as other Mayors from much larger communities were in attendance and providing different perspectives on issues that they have encountered or are encountering. He thanked Council for allowing his attendance. XI. ADJOURNMENT Motion by Council Member Montain, seconded by Council Member Lakso to Adiourn the Council Meeting of May 8, 2019 at 7:36 p.m. All in favor. Motion carried. Respectfully submitted by City Clerk, Teresa Bender. Page 7 of 7