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HomeMy WebLinkAbout2020-07-08 CC Minutes - Approved A pproved CITY OF CENTERVILLE CITY COUNCIL MEETING July 8, 2020 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council Meeting on July 8, 2020 via Zoom Videoconferencing at: https://zoom.us/j/478824301, Meeting ID: 478 824 301 with audio only available at: 312-626-6799. The meeting was also live streamed by North Metro TV. COUNCIL MEETING I. CALL TO ORDER Mayor D. Love called the meeting to order at 6:30 p.m. ROLL CALL* PRESENT: Mayor D. Love Council Member Russ Koski Council Member Matt Montain Council Member Michelle Lakso Council Member Tom Wilharber ABSENT: None. STAFF: City Administrator Mark Statz City Attorney Kurt Glaser *Note that “present” is construed to mean that the noted individuals were visibly and audibly present on the videoconference call. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. Administrator Statz requested that Res. #20-0XX – Appointing Election Judges for the 2020 Primary & General Elections be added under the Consent Agenda, Item #7 and that United Properties Letter of Credit – Completed and Ready to Release be added under the Old Business, Item #2 and Fence Construction – Water Tower Site be added under Item #3. He also requested that A-1 Excavating Request for Work Hour Extension be added under New Business, Item #1 and Downtown Sewer Upsizing be added as Item #2. Motion by Council Member Montain, seconded by Council Member Wilharber to Approve the Agenda as Amended. A roll-call vote was taken. Mayor Love and Council Members Lakso, Koski, Montain, & Wilharber voted in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS City of Centerville Council Meeting Minutes July 8, 2020 1. None. V. PUBLIC HEARINGS 1. None. VI. APPROVAL OF THE MINUTES 1. June 10, 2020 City Council Meeting Minutes Mayor Love provided Council Members with an opportunity for modifications. Motion by Council Member Wilharber, seconded by Council Member Koski to Approve the June 10, 2020 Minutes as Presented. A roll-call vote was taken. Mayor Love and Council Members Lakso, Koski, Montain, & Wilharber voted in favor. Motion carried. VII. CONSENT AGENDA 1. Centerville Claims through July 8, 2020 (Check #34055-34083) & (1541E- 1545E) w/1542E Voided 2. Centennial Lake Police Department Claims through June 23, 2020 (Check #13267-13270) & (ACH 2020020-2020023) 3. Centennial Fire District Claims through June 23, 2020 (Check #8836-8847) (ACH 2020016-2020017) 4. Pay Request #3 Downtown Street & Utility Improvements – A-1 Excavating 5. Res. #20-0XX – Amending Fund Balance Policy 6. Encroachment Agreement – 7305 Deer Pass Drive - Fence 7. Res. #20-0XX – Appointing Elections Judges for the 2020 Primary & General Elections Mayor D. Love provided an opportunity for Council to add or remove any item(s) to/from the consent agenda. Administrator Statz stated that the Council should review Item #7 prior to approval. Council Member Koski desired to discuss Item #4. Mayor Love pulled Consent Agenda Items #4 & 7 for additional discussion. Motion by Council Member Koski, seconded by Council Member Montain to Approve Consent Agenda Items #1-3, 5-6 as presented. A Roll-call vote was taken. Mayor Love and Council Members Lakso, Koski, Montain & Wilharber voted in favor. Motion carried. Council Member Koski asked whether fees for a recent gas line break were included in the Pay Request. Administrator Statz stated that no fees were included associated with the break as this is customarily handled between the contractor and the gas provider. Council Member Koski also asked about removal of trees in the Downtown area. Administrator Statz stated that 15 trees were removed associated with the widening of the roadways with the contractor working with the Page 2 of 10 City of Centerville Council Meeting Minutes July 8, 2020 property owners. He stated that three (3) additional trees were removed as the property owners approached the City to have them removed. He stated that it was also beneficial for the City to remove them at this time. He stated that all trees were within the City’s road right-of-way. Council Member Koski asked if it was customary to reimburse residents for those same trees. Administrator Statz stated that because all trees were within the City’s road right-of-way it was not customary to do so. Motion by Council Member Koski, seconded by Council Member Lakso to Approve Consent Agenda Item #4 as presented. A Roll-call vote was taken. Mayor Love and Council Members Lakso, Koski, Montain & Wilharber voted in favor. Motion carried. Administrator Statz read the presented resolution to Council. Mayor Love thanked volunteers for serving and stated that elections were very important. Motion by Council Member Montain, seconded by Council Member Koski to Approve Consent Agenda Item #7 as presented. A Roll-call vote was taken. Mayor Love and Council Members Lakso, Koski, Montain & Wilharber voted in favor. Motion carried. VIII. OLD BUSINESS 1. LaMotte Irrigation System Expansion Agreement – St. Genevieve’s Church Administrator Statz stated that as Council was aware, equipment was proposed to be place on several private properties, one being St. Paul Regional Water property with whom Council previously approved an agreement. He stated that City Attorney Glaser would speak regarding the matter. City Attorney Glaser stated that the agreement with the Church mirrors the agreement that was executed with St. Paul Regional Water. He stated that there was one (1) difference in that the Church requested an additional shut-off in case an event was taking place which would allow their ability to control whether the system worked on their property or not. Motion by Council Member Koksi, seconded by Council Member Lakso to Approve the LaMotte Irrigation System Expansion Agreement with St. Genevieve’s Catholic Church as Presented. A roll-call vote was taken. Mayor Love and Council Members Lakso, Koski, Montain & Wilharber voted in favor. Motion carried. 2. Letter of Credit Release – United Properties Administrator Statz stated that the cities of Lino Lakes and Centerville entered into agreements with United Properties for the development of Distribution Alternatives and the usage of Fairview Street for hauling materials to the site during construction. United Properties also had options to purchase/develop those parcels within the City of Centerville near that site with the same owner. He stated that it was anticipated that those sites would also be developed within a short period of time. Administrator Statz stated that the agreements required United Properties to overlay Fairview Street for the usage of the roadway and possible damage that may have been caused by the hauling. He stated that the development within Lino Lakes has been completed and their options on the additional Centerville sites have expired. He stated that their Letter of Credit was due to expire in several days and if not on this agenda they would need to seek renewal. He also Page 3 of 10 City of Centerville Council Meeting Minutes July 8, 2020 stated that the roadway has been overlaid to the City’s satisfaction and that Staff recommends releasing their Letter of Credit subject to receipt of proof that their contractor had been paid in full. Mayor Love asked whether the roadway was previously striped and Administrator Statz stated that it was not previously striped and is not now. Mayor Love stated that the roadway is similar in quality as prior to the construction if not better. Motion by Council Member Montain, seconded by Council Member Wilharber to Approve the Release of Letter of Credit with United Properties Contingent Upon Receipt of Contractor’s Proof of Payment in Full. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain & Wilharber voted in favor. Motion carried. 3. Construction of Fence Around City Owned Water Tower Property Administrator Statz stated that a letter was forwarded to Alex’s Lawn & Turf several months ago stating that several items required by their Conditional Use Permit had not been completed with one of them being that they were to construct a fence around the perimeter of the property. He stated that the City desired to complete the construction of a fence with placement on the City’s property and to specially assess Alex’s for it. Administrator Statz showed an aerial photo of the site explaining property owned by the City, required fencing, previously leased property owned by the City to Alex’s and cancellation of that lease in an attempt to mitigate noise emitting from the business to abutting property owners. He showed that Alex’s had constructed a fence along the north side of the property and the west side of the property. He pointed out that the fencing stopped at the property line on the west side and was never completed on the north or east sides of the City water tower site. He stated that Staff desired to pursue the completion of that fencing assisting in sound mitigation and protection of the City’s water tower and piping. Council Member Wilharber asked the materials of the existing fence. Administrator Statz stated that for the most part the existing fence cannot be seen but that it was solid wood and the City would like to construct a solid wood, 8 feet tall fence primarily for noise mitigation. He stated that there was not a visual issue to match materials. Council Member Montain asked about access to the water tower site. Administrator Statz stated that the desire to construct the fence would include a gate on the east side for City access to the water tower. He stated that staff or City’s contractors would gain access through Alex’s property much like we are doing now as language in the Conditional Use Permit allows for such access. He stated that the City does own a 30-foot ingress/egress easement on the south side of Alex’s property. However, if that easement was to be used, it should be improved with a driveway. Administrator Statz has asked Alex’s where they would prefer the City’s access and was unable to obtain a preference from them. He stated that he would again speak with them regarding the issue. Council Member Montain has concern regarding impacting of the business with their day-to-day operations understanding the City’s necessity to access the site at any time. Council Member Koski asked about Alex’s gate and whether it was a locked gate and if the City had a key. Administrator Statz stated that the City does have a key. Page 4 of 10 City of Centerville Council Meeting Minutes July 8, 2020 Council Member Lakso stated that the priority is to keep the water tower safe and secure. She asked whether the south side of the property would remain unfenced and Administrator Statz stated that there was a chain link fence along the south side of the property. Mayor Love had concern for protection of the water tower, felt that a fence would add mitigation of noise and the potential for recouping the costs of the construction based on language contained in the Conditional Use Permit. City Attorney Glaser stated that if the fence was constructed on City property assessment due to failure to comply with the CUP would not be allowed. If constructed on their property then it would be allowable through the 429 process or small claims litigation. He stated that notification of pending action, providing an opportunity for them to discuss and take action prior to the City acting would need to be provided to them. Council Member Koski asked about ownership of the existing chain link fence on the south side of the City owned property and Administrator Statz stated that he believed it was City owned. Council Member Montain felt that a chain link fence would be acceptable. He felt that a wood fence would echo noise and this should be looked at. Administrator Statz stated that staff is not recommending refencing the west or south side of the tower property and is recommending the 8- foot fence with the goal of mitigating noise. Further, the CUP calls for an 8’ tall wood privacy fence. He stated that they are not obligated to construct all the way around the City’s property and he felt that the north and east sides of the property make sense to assist in keeping items from compromising the tower. Administrator Statz stated that the City will need to ask that the fence be constructed soon, as the timeline the construction of the fence as we have in the past. Several Council Members felt that the City should work with the property owner for construction of the fence as outlined in the CUP and constructed on their property with their maintenance responsibility. It was also felt that something needed to be accomplished. Mayor Love clarified that the consideration this evening was whether the City construct the fence on their property or commence the legal process for constructing the fence on their property pursuant to the failure of doing so as addressed in their CUP and beginning the formal process for allowing for specially assessing the associated costs of said construction. Motion by Council Member Koski, seconded by Council Member Lakso to Commence the Legal Process to Construct an 8’ Wood Privacy Fence as Outlined in the Conditional Use Permit on Alex’s Lawn & Turf property (South & East sides) Abutting the City Owned Water Tower Property. Administrator Statz clarified Council’s motion by stating that a letter was forwarded that they needed to construct the fence previously and that another letter should be forwarded that the City’s intent is to start the process to assess for the construction of a fence on their property due to their failure to do so per language contained in the CUP. Council Member Lakso stated that this notification may prompt them to complete the action requested by the City. Page 5 of 10 City of Centerville Council Meeting Minutes July 8, 2020 Council Member Wilharber asked if the previous letter was forwarded via certified mail as they may have not received it and that any action by the City in the future should be forwarded certified mail guaranteeing their receipt. Administrator Statz stated that he met with Alex’s following the forwarding of the letter and they acknowledged that they received it at that meeting and through an email. He did state that the next letter would be sent certified mail. Mr. Steve King, 1724 Sorel Street asked who would maintain the inside of the fence. Administrator Statz stated that generally the owner of the fence maintains both sides of the fence. Administrator Statz stated the requirements for a residential fence that the fence would be either constructed on the property line or in two feet from the property line. Discussion regarding maintenance and law. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain & Wilharber voted in favor. Motion carried. IX. NEW BUSINESS 1. Downtown Parcel For Sale (7046 Centerville Road) Administrator Statz stated that the City has a Downtown Redevelopment Plan that guides development, that the City has purchased properties in the past for assembly and that the property owners of 7046 Centerville Road have approached the City to determine whether the City desired to purchase the property. He stated that the property zoning allows for the home to remain on the site with the ability to enlarge it by 33%. He stated that the existing home is approximately 450 square feet, could be torn down and reconstructed only to the same size. He stated that the assembly of parcels would interest developers similar to the Block 7 interest rather than a developer having to purchase properties on their own. He felt that it could be some time before the market were to be driving for a developer to much many parcels at a time to allow for a development in the area. Council Member Wilharber stated that he was not in favor of purchasing the property as the City already owned property along Main Street and Block 7. Council Member Montain concurred and also stated that such a purchase would not appropriate with the uncertainties of the 2021 budget. Council Members Koski and Lakso also concurred. Mayor Love stated that in other jurisdictions an EDA may have funding to allow for a purchase similar to this and that it was not an “end” type parcel but rather a “middle” parcel in a block and was unsure whether a purchase of this sort made sense and at this time with all of the uncertainties. Administrator Statz thanked Council for their direction and consideration. 2. A-1 Excavating – Downtown Street Project (Working Hour Extension) Administrator Statz stated that due to COVID-19 and rain delays, A-1 Excavating is requesting the ability to work from 7:00 a.m. to 8:00 p.m. on week days. Page 6 of 10 City of Centerville Council Meeting Minutes July 8, 2020 Council Member Lakso asked for the period of time. Administrator Statz stated open-ended or the motion that is made by Council could include the right to end the work extension time at any time. She stated that individuals are looking for quite time but would be ok with granting an additional hour. Council Member Koski asked the type of equipment that would be utilized during operation. City Administrator Statz stated they would be backfilling and compaction equipment. He asked if input could be obtained from the residents in the area and if complaints were received the City could cease allowing the extension correct. Council Member Montain stated that he understood that completing the job on time or a week or two earlier but had concerns for residents in the area. Council Member Wilharber stated that he felt that with the extension people would be happier if the job was completed sooner by allowing this. Mr. Steve King, 1724 Sorel Street commented that maybe allowing the contractor to start earlier would be more advisable. City Clerk Bender stated that she had recently taken a complaint from a resident regarding the removal of a vehicle from the roadway at 7:00 a.m. She stated that the resident was not happy due to family circumstances and lack of rest. Discussion ensued regarding placing a time limit for the extension of work hours, school, sunset time, updates to residents, etc. Motion by Council Member Wilharber, seconded by Council Member Montain to Grant A- 1 Excavating Request to Extend Work Hours Until 8:00 p.m. To August 31, 2020 as Submitted. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Montain & Wilharber voted in favor. Motion carried. 3. Downtown Street Project Storm Sewer Upsizing Administrator Statz stated that when Centerville Road was reconstructed the City installed the Downtown Irrigation System and a 42” storm sewer pipe. It was installed up to Heritage Street. He stated that it was downsized going north to Sorel Street in an attempt to save funding and acknowledging that at some point in the future the Downtown area would be redeveloped. He stated that the intent of the Irrigation System was to maximize the amount of developable space in the Downtown area without having to install raingardens, ponding, etc. associated with Best Management Practices (BMPs). Administrator Statz stated that with the current street project being completed in the area (Heritage & Sorel Street) that it may be advisable to consider the installation of a storm sewer pipe (second larger pipe) along Heritage Street to the east and north on Progress to Sorel Street. He stated that this was accommodate the redevelopment of the block between Centerville Road and Progress Road and its runoff. He stated that the same area would accommodate runoff from impervious surface if Kelly’s Korner and Southern Rail were to asphalt their parking lots. Administrator Statz stated Stantec has provided a cost estimate of $50,000 for Page 7 of 10 City of Centerville Council Meeting Minutes July 8, 2020 upsizing the pipe. He stated that the funds could be expended from the Storm Water Fund which would deplete that fund. He also stated that an argument could be made that it should come out of the Street Fund as the majority of the project is being funded through that account. Council Member Koski stated that he understands the purpose of doing it now while the roadway is tore up. Administrator Statz stated it would be cheaper to complete now. Mr. Steve King asked why this had not been thought of prior. Administrator Statz stated that it was and at the time of the reconstruction of Centerville Road it made sense to place the 42” and contemplate future development of the downtown area. He stated that now we are being faced with the true fact that the roadways are being reconstructed and it would make sense to install it in that location. Mr. King stated that he had concerns that it was not “penciled in” previously and felt that the funds were sewer related and not street related. Council Member Lakso stated that she briefly remembers previous discussions on the matter and stated that now is the time to upsize the piping. She stated that she felt that a good rule of thumb was to do what you can at the time, as the costs will always increase over time. Council Member Montain stated that he felt that it could be a developer expense in the future rather than a City expense currently. He also stated that no one knows when the downtown area will develop. Council Member Wilharber asked if the pipe was concrete. City Administrator Statz stated yes with a lifespan of approximately 100 years. Council Member Wilharber stated that he was in favor of the installation and that he felt that the City should take advantage of the opportunity. Mayor Love stated that he remembered a 42” pipe but was surprised to hear that an 18” pipe was installed instead to save money. He stated that he was also disappointed that it was now being brought up mid-project. Administrator Statz stated that there may have been communication problems previously and that costs have remained stable for the piping. Administrator Statz stated that the existing piping is not large enough to handle redevelopment of Block 2. Mayor Love stated that if that block were to develop in the future then the roadway (Progress Road) would need to be reconstructed or ponding would need to be installed. Council Member Koski thanked Administrator Statz for the guidance and staff recommendation but felt that funding should come from the Storm Water Fund and questioned if there was adequate funding for it. Discussion ensued regarding inclusion of where the funding should come from be included in the motion, having the Finance Director discuss funding levels at the next meeting and making the motion to upsize the pipe with the understanding that the following meeting discussion will take place regarding funding due to construction constraints. Motion by Council Member Wilharber to Increase Sizing of the Storm Water Pipe from 18” to 24” Along Progress Road and Heritage Street Changing the Original Design of that Portion of the Reconstruction. Page 8 of 10 City of Centerville Council Meeting Minutes July 8, 2020 Discussion ensued and City Administrator Statz requested that rather than referring to the exact sizing to just state “Upsizing”. Council Member Wilharber modified the motion accordingly. Seconded by Council Member Lakso. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso & Wilharber voted in favor. Council Member Montain - Nay. Motion carried 4/1. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator’s Report Administrator Statz stated that he had no written update but gave a brief review of items that have transpired since the last meeting. He stated that he recently had a nice meeting with a property owner regarding potential real estate, that City Hall was opening for early voting and nothing else, that Co-Interim Chief Streich was temporarily hired back as a consultant for the Fire Department until such time that the Departmental Study was completed and that the new Police Chief would be on board within the next few weeks. He stated that there was a very nice article in the paper recently. Council Member Wilharber asked when the Police Department building would be paid off and Administrator Statz stated the following year. Council Member Koski asked about Northern Forest Products. Administrator Statz stated that he has spoken with several realtors regarding the property. Council Member Koski ask if they relocated. City Administrator Statz stated that he had not been contacted by the owner and he was unaware. Council Member Wilharber asked about the hiring of Co-Interim Chief Streich and where did he go after being the Fire Chief for Centennial. Administrator Statz stated that he thought the City of Andover but was brought out of retirement as a consultant for Centennial on a temporary basis. City Attorney Glaser stated that the courts were starting again and that it would be via Zoom. He stated that there were 6,000 cases in the County. Council Reports a. Lakso – i. Parks and Recreation Committee – Council Member Lakso reported that there were enough Committee Members present to have a quorum but the Committee still has a vacancy. She also reported that the Committee authorized Music in the Park for Tuesday evenings but if Thursday evenings could also be incorporated that would take place and The Committee decided to let the organizers (Mr. Tom Lee & Committee Member Brian Peterson) take care of that as long as it was within the budget. ii. Centennial Fire District Steering Committee – No report was given. iii. Anoka County Fire Protection Council – No report was given. b. Wilharber – Stated that St. Genevieve’s Catholic Church cancelled their annual Chicken Dinner/Festival and that it was the first time in 113 years. He also reported that several Staff members from Public Works and Office Dixon saved seven (7) ducklings from the storm sewer earlier in the day. Page 9 of 10 City of Centerville Council Meeting Minutes July 8, 2020 i. Police Governing Board – No report given. ii. Economic Development Authority – Council Member Wilharber stated that the Committee meets on the following Wednesday. c. Koski - i. Planning & Zoning Commission – Council Member Koski stated that discussions took place regarding residential parking and outside storage revisions to the Code. He stated that lengthy discussions have taken place regarding these items. He stated that a resident also desired to review the Chicken portion of the Code. d. Montain – i. Anoka County Fire Protection Council – Council Member Montain stated that the meeting was scheduled for the following Monday. ii. North Metro Telecommunications Commission – Council Member Montain stated that the July meeting was cancelled. e. Love – Mayor Love thank Detective Russ Blanck for his 20+ years of service with the Centennial Lakes Police Department and thanked retiring Police Chief Coan for guiding the Centennial Lakes Police Department to great heights and serving the community well. XI. ADJOURNMENT Motion by Council Member Koski, seconded by Council Member Montain to Adjourn the Regular Meeting of July 8, 2020 at 8:08 p.m. A roll-call vote was taken. Mayor Love and Council Members Lakso, Koski, Montain & Wilharber voted in favor. Motion carried. Respectfully submitted by City Clerk, Teresa Bender. Page 10 of 10