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Home My WebLink About2021-07-28 CC Packet CITY OF CENTERVILLE CITY COUNCIL WORK SESSION, CLOSED EXECUTIVE SESSION AND REGULAR MEETING AGENDA Wednesday, July 28, 2021 5:00/6:30 p.m. MEETING IS IN PERSON CITY HALL COUNCIL CHAMBERS LIVE-STREAM: https://northmetrotv.com/centerville-stream/ WORK SESSION (5:00 PM) I. CALL TO ORDER 1. Roll Call II. AGENDA ITEMS 1. RCWD Erosion Control Inspection Pilot Program 2. City Hall Staffing 3. 2022 General Fund Budget 4. DNR Watering Restrictions COUNCIL MEETING (6:30 PM) I. CALL TO ORDER 1. Roll Call II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. APPOINTMENTS/PRESENTATIONS 1. None V. PUBLIC HEARING 1. None VI. APPROVAL OF MINUTES 1. April 14, 2021 City Council Meeting Minutes (pg. ) 2. April 28, 2021 City Council Work Session & Meeting Minutes (pg. ) 3. May 4, 2021 City Council Special Council Meeting (pg. ) VII. CONSENT AGENDA 1. City of Centerville Claims through July 28, 2021 (Check #33913-33944) & (1737E- 1742E) (pg. ) 2.Centennial Lake Police Department Claims through July 22, 2021 (Check #13916- 13938, (2021035-2021038E) & Payroll (Check #13914-13915) (pg. ) 3.Centennial Fire District Claims through July 13, 2021 (Check #9114-9135) & (2021011) (pg. ) 4. 5.Catch Basin Repairs 6.Lawn Mowing Service 7.Transfer of Funds to EDA 8. Contracting VIII. RECESS TO CLOSED EXECUTIVE SESSION CLOSED EXECUTIVE SESSION This portion of the meeting is closed pursuant to Minnesota Statute Section 13D.05, subdivision 3(c), and is permitted to determine the asking price for, and to develop or consider offers or counteroffers for the sale of Block 7, Centerville. I. ROLL CALL II. DISCUSSION COUNCIL MEETING (Continued) IX. RECONVIENE REGULAR MEETING X. OLD BUSINESS 1. XI. NEW BUSINESS 1.o, Eick & Meyers (pg. ) 2. Preliminary/Final Plat - Peterson Shores (pg. ) 3. l (Sutton Transportation) (pg. ) 4. Contract for Fire Administration Servic Mounds View) (pg. ) 5. RCWD Erosion Control Inspection Pilot Program XII. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator/Engineer Report (pg. ) 2. Council Reports a. Lakso Anoka County Fire Protection Council Parks & Recreation b. Koski Fire Steering Committee Planning & Zoning Commission c. King Economic Development Authority d. Mosher Economic Development Authority Police Governing Board e. Love North Metro Telecommunications Commission Police Governing Board Fire Steering Committee Other Mayoral Reports XIII. ADJOURNMENT INFORMATIONAL MATERIAL None REMINDERS esday, August 10, 2021** - New Date CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: July 28, 2021 Engineering WS 1 TITLE OF ISSUE: Rice Creek Watershed District Erosion Control Inspection Pilot Program BACKGROUND AND SUPPLEMENTAL INFORMATION: For several years, the city has been looking at ways to reduce the duplication of efforts between RCWD and the City. Both entities are responsible for Erosion and Sediment Control (ESC) under our respective Minnesota Seperate Storm Sewer Systems (MS4) Permits. There are 6 Minimum Control Measures (MCMs) in the MS4 permit. This proposed pilot program would have RCWD perform the required inspections under MCM 4 for both the city and RCWD. In short, instead of having both a city inspector and a RCWD inspector looking at silt fences on any given project, we would just have RCWD. Typically, the city's consultant handles these duties at a rate of around $130/hr. These costs are passed on to the developers. With this program, RCWD would bill the city $55/hr. The city would then pass this cost onto the developer instead. The result is a win-win: reduced costs to our developers and increased revenues to RCWD. If this works, we would look at other MCMs. COST AND SOURCE(S) OF FUNDING: No direct cost to the city; only pass through costs (which will be less than current costs) REQUESTED COUNCIL ACTION: Work session discussion only. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Draft Agreement Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ JOINT POWERS AGREEMENT City of Centerville and Rice Creek Watershed District Coordinating Site Erosion & Sediment Control Programs and MS4 Compliance for Minimum Control Measure 4 A. PARTIES This joint powers agreement (“Agreement”) is made by and between the Rice Creek Watershed District, a watershed district with purposes and powers as set forth at Minnesota Statutes Chapters 103B and 103D (“District”), and the City of Centerville, a Minnesota municipal corporation (“City”). B. PURPOSE WHEREAS the City and the District have a mutual interest in protecting soil resources and preventing pollution of surface waters; WHEREAS the City and the District each have the authority to regulate the disturbance of vegetative cover and soils for construction and other purposes, and exercise this authority through permitting, site monitoring and enforcement; WHEREAS the City and the District also are permittees as Small Municipal Separate Storm Sewer Systems (MS4) under the National Pollutant Discharge Elimination System (NPDES)/State Disposal System (SDS) permit program, and under that permit must develop, implement, and enforce a program to limit erosion and sediment discharge from construction sites, designated as Minimum Control Measure (MCM) 4; WHEREAS the NPDES MS4 permit allows two permittees with jurisdiction over the same area to cooperate by agreement in meeting MCM 4 requirements; WHEREAS to increase cooperation, gain cost and other efficiencies, and provide for mutual compliance with MS4 obligations, the City and the District desire to partner on erosion and sediment control program implementation. THEREFORE, in consideration of mutual promises set forth herein, and intending to be legally bound, the District and the City agree as follows: C. TERM OF AGREEMENT The term of this Agreement is from August 12, 2021 to December 31, 2022, unless terminated earlier as provided herein. D. SCOPE OF SERVICES a. DISTRICT RESPONSIBILITIES: During the construction season, the District will inspect active private construction sites within the City of which the City has informed the District under paragraph b, below. The District will provide the City copies of inspections reports detailing inspection actions, site conditions, and directives communicated to site representatives. In performing inspection and oversight work under this agreement that fulfills City MCM 4 responsibilities, the District will conform its activities to the requirements of the MS4 1 general permit, and to the terms of the procedures and protocols it has developed pursuant to the mandate of the general permit. The activities of District representatives under this paragraph will be performed solely under the District's authority. As between the District and the City, the District will be solely responsible for the proper training and site conduct of those representatives. b. CITY RESPONSIBILITIES: The City will inform the District of sites subject to City MS4 MCM 4 permits. The City will compensate the District for providing services pursuant to this Agreement at a rate of $55/hour. c. MUTUAL RESPONSIBILITIES: Each party will conduct inspections of active public construction sites within the City subject to its own permits and provide copies of inspection reports and related communications to each other. The parties will consult in noncompliance matters under paragraphs a and c, and each party will use its authorities, and support the similar effort of the other party, to best secure compliance and protect water resources. d. SCOPE: The District will provide up to 150 hours of inspection and compliance services to the City under this agreement. Services that support both District and City permit enforcement will be billed to the City at half time. e. RECORDS: The District and the City, on request of the other party, will share permit compliance and enforcement documents related to sites under this Agreement, consistent with the terms of the Minnesota Data Practices Act. E. MISCELLANEOUS a. EMPLOYEES. The City and the District represent that they have the personnel and resources to fulfill their responsibilities under of this Agreement. b. INDEMNIFICATION. Neither party under this Agreement assumes responsibility for the acts or omissions of the other within the meaning of Minnesota Statutes §471.59, subdivision 1a. Each party will hold the other harmless, and indemnify it, against any and all damages, liabilities, and costs (including reasonable attorney fees) to the extent resulting from its own negligent act or omission in its performance of this Agreement. Nothing in this Agreement diminishes, with respect to any third party, any immunity, defense or liability limit that the City or the District may enjoy under law. c. DATA PRIVACY. The parties will comply with the Minnesota Data Practices Act in their performance of this Agreement. Each party will consult with the other party before releasing data received from the other party that may be subject to a not-public classification. d. EFFECTIVE DATE. This Agreement is effective on the date it has been signed by the authorized representative of each party. e. TERMINATION. Either the City of the District may terminate this Agreement with or without cause by giving the other party thirty days written notice. IN TESTIMONY WHEREOF the parties have executed this agreement by their duly authorized officers. 2 CITY OF CENTERVILLE RICE CREEK WATERSHED DISTRICT By: By: Its: Its: Date: Date: 3 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: July 28, 2021 Administration WS2 TITLE OF ISSUE: City Hall Staffing BACKGROUND AND SUPPLEMENTAL INFORMATION: The City Administrator is proposing a change in the City Hall staffing plan to replace the part-time receptionist position with a full time, professional position. The detailed job duties of that position have not yet been formulated, but would include, at a minimum, assistance with at least one committee, including being chief staff person in attendance at their meetings. Attached is a graph of our historic staff counts vs. population for reference in the discussion. A budgeted salary of $70,000 + benefits has been established as a proposed starting point and is included in the budget memorandum later in work session. COST AND SOURCE(S) OF FUNDING: Details in Budget information REQUESTED COUNCIL ACTION: Work Session discussion only. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Graph of Historic staffing count Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ ЊЋЊЉБЏЍЋЉ ЋЉЉЊ ЋЉЉЋ ЋЉЉЌ ЋЉЉЍ ЋЉЉЎ ЋЉЉЏ ЋЉЉА ЋЉЉБ ЋЉЉВ /ƚǒƓƷ ЋЉЊЉ {ƷğŅŅ tƚƦǒƌğƷźƚƓ ЋЉЊЊ ƚƷğƌ ǝƭ͵ tƩƚƦƚƭĻķΜ /ĻƓƷĻƩǝźƌƌĻ ЋЉЊЋ Α /ƚǒƓƷ ƚŅ ЋЉЊЌ /źƷǤ{ƷğŅŅ ΛЋЉЋЋ tƚƦǒƌğƷźƚƓ ЋЉЊЍ IźƭƷƚƩźĭ ЋЉЊЎ ЋЉЊЏ ЋЉЊА ЋЉЊБ ЋЉЊВ ЋЉЋЉ ЋЉЋЊ ЋЉЋЋ Љ ЎЉЉ ЍЎЉЉЍЉЉЉЌЎЉЉЌЉЉЉЋЎЉЉЋЉЉЉЊЎЉЉЊЉЉЉ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: July 28, 2021 Finance/Administration WS3 TITLE OF ISSUE: 2022 Preliminary Budget Discussion BACKGROUND AND SUPPLEMENTAL INFORMATION: Continuation of 2022 General Fund Budget discussions. See attached staff memo for more detail. COST AND SOURCE(S) OF FUNDING: TBD REQUESTED COUNCIL ACTION: Work session discussion only. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ staff memo Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ Memorandum Date: July 23, 2021 To: Honorable Mayor and City Council Members Through: Mark R. Statz, City Administrator/City Engineer From: Bruce DeJong, Finance Director Item: 2022 General Fund Budget and Property Tax Levy Discussion City staff continue updating the known changes to the budget. We also are making estimates of modifications that are not yet established. Based on our previous worksession, the revenue side of the budget has been adjusted items. We only have a $2,000 reduction in the fines and forfeits line item based on lower fine revenue. We also have an increase in the SCORE revenue from Anoka County which support our recycling efforts. This is a reflection of the experience of the last several years. On the expense side, we have updated salaries and removed the $20,000 contingency from the Council budget. This was done since we have a contract with the IUOE Local 49 that represents our public works employees. We have extended those contract terms to the non-union employees. We have also added a new City Hall Office Staff Professional position at $70,000 per year plus benefits. This will replace the half-time front desk position that is currently open (roughly 25,000 in cost). Additionally, to help offset these new costs we have removed $20,000 of professional services that were originally placed in the budget a few years ago, to mitigate staffing shortages. We have allocated part of the new position to both the water and sewer funds since duties related to these utilities will likely be part of s. With these changes, this position adds roughly $30,000 net to the general fund budget. We have added almost $25,000 to the election costs. We have elections every two years and so this amount tracks closely with the amount spent in 2020. However, staff is in the midst of a deeper analysis of this item to see if all of these costs will carry forward. Assessing is up $1,600 based on the contract with our new assessor group headed by Mary Wells. We have about $70,000 budgeted to the police contract increase and about $12,000 for the fire contract increase. These budgets will be finalized in August and we can enter final figures at that time. Staff has adjusted the allocation between Building Inspections, Public Works, and Park departments based on recent trends. The net changes in salary reflect the overall increase in public works salaries. There is a rather dramatic reduction in Workers Compensation insurance in the Public Works. I have discovered that our formula for allocating the premiums did not distribute any to the utility funds. We will correct this in coming years and reflect that in the budget. There is a $2,000 increase in engineering fees in Streets to reflect recent experience. An increase in salaries and professional services in the Recycling area is offset by the increased SCORE revenue from Anoka County. This reflects our commitment to recycling activities. We also have an increase budgeted for transfers. This reflects a $3,500 increase in transfers to the Equipment Replacement Fund per the programmed progression and $3,700 for the EDA based on their recent budget recommendation. The overall effect of these changes is an increase to the General Fund levy of $151,305. This levy is offset by a decrease in our debt service levy of $49,391. The net increase of 101,914 represents a 3.7% increase in the overall levy. y regarding our property value increases that will offset this. Staff is attempting to make an estimate with our new assessor group to determine what effect this will have on an individual property owner. The overall effect will be lower than 3.7% based on the new commercial and residential property values that have been added in the past year. The above information does not account for any of the anticipated American Rescue Plan (ARP) funds, which we anticipate receiving in the next week. The use of those funds is more restrictive than the previous relief funds. Staff is working on ideas for the use of these funds and working with the League of Minnesota Cities to get additional guidance as it becomes available. There will still be additional changes as we proceed with the budget through the preliminary adoption in September. Staff is happy to discuss budget issues and answer questions at any time with council, property owners, and residents. After this discussion, staff will bring back a full budget, including information on capital fund expenditures for equipment, streets, and City Hall parking lot improvements at the Work Session in August. At this meeting staff is looking for general feedback from the City Council regarding the proposed revenue and expenditure changes. CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: July 28, 2021 Public Works/Engineering WS 4 TITLE OF ISSUE: DNR Severe Drought Warning Letter BACKGROUND AND SUPPLEMENTAL INFORMATION: The DNR has issued a severe drought warning letter to area water suppliers. This is part of the State's drought action plan and it requests that water suppliers work to reduce water use. This is stage one, next would be an Extreme drought warning letter and then an Exceptional drought warning letter. The DNR will provide weekly updates on Thursdays as they monitor the situation. Centerville has in effect odd/even and hourly water restrictions between 10am-6pm. This program meets the current DNR requirements and no further action is currently necessary. If warnings progress, the city will need to look at more restrictive/punitive enforcement and then if required by the DNR, selective watering bans. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Discussion of potential Watering Restrictions. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ DNR Letter; Pumping Data Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ July 16, 2021 Dear water suppliers in areas with severe drought conditions, With more than 50 percent of Minnesota experiencing severe drought and some areas experiencing extreme drought, the Minnesota Department of Natural Resources (DNR) has determined that the state is now in the drought warning phase. With this designation, the DNR and others are taking additional steps such as restricting some water uses. Water Supplier Actions Needed The State Drought Planspecifies actions that water suppliers must implement once the state is elevated to drought warning phase. 1. Population over 1,000 - Public water suppliers implement appropriate water use restrictions contained in their Water Supply Plan. a. Your plan can be found in your MPARS account, under the Attachments tab. b. Begin implementing your Water Supply demand reduction measures in Plan Part 2 (Tables 18, 19). These actions can be supported by measures that are identified in the Water Supply Plan, Part 3 Water Conservation. 2. All Water Suppliers - Public water suppliers will implement water use reduction actions with a goal of reducing water use to 50% above January levels. a. For example: A city uses 4 million gallons of water in January, and normally uses 6.8 million in August. During the drought warning phase, they should only use 6 million gallons in August. b. Websites with water conservation messages: DNR Water Conservation webpage and https://www.ready.gov/drought. Significant demand reduction is achievable by restricting or banning non-essential outdoor water use, especially lawn irrigation, power washing buildings, car washing and swimming pool filling. Encourage customers to fix leaks, install water saving devices and water-efficient appliances. Have conversations with your biggest water users and ask them how they might reduce water use, especially during peak times. Use a variety of communication methods: Large exterior signs around the community, mailing/emailing all customers, radio station announcements, Facebook posts or other social media, and a news release to any local media. Explain the critical situation and that you need everyone’s help. Ask customers to conserve water as much as possible. Other Suggestions: During times of severe drought, monitor your water levels closely. Keep in mind that water quality may be impacted by increased concentrations of contaminants. Please alert your local DNR hydrologistto any water supply concerns or issues during the summer. Sign up to receive GovDelivery updates about drought in Minnesota, drought preparations and response, and important ways to conserve water. Best regards, Randall Doneen Conservation Assistance and Regulations (CAR) Section Manager| Ecological & Water Resources Phone: 651-259-5156 Email: randall.doneen@state.mn.us mndnr.gov CITY OF CENTERVILLE CITY COUNCIL MEETING April 14, 2021 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council Meeting on April 14, 2021 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 6:31 p.m. ROLL CALL* Not Approved PRESENT: Mayor D. Love Council Member Steve King Council Member Russ Koski Council Member Michelle Lakso Council Member Darrin Mosher ABSENT: None. STAFF: City Administrator Mark Statz City Attorney Kurt Glaser d 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 stated that due to the local law enforcement agencies being very busy right rtment will not be giving their annual report this evening. He stated that he also has some documents to include in the record: COVID plan for the Anoka County Radio Club (#4 Consent Agenda); Revised documents that he will present during the meeting (#2 Old Business) Motion by Council Member King, seconded by Council Member Mosher, to Approve the Agenda as Amended. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS City of Centerville Council Meeting Minutes April 14, 2021 1. None. V. PUBLIC HEARINGS 1. Local Board of Appeal and Equalization Ms. Mary Wells introduced herself and Misters Chris Larson, Erik Skogquist and Alex Guggenberg, Anoka County Assessor. She gave a brief update on the property assessment and appeals process including specific information about the current assessment. The 2021 Valuation Notices were mailed out by Anoka County the week of March 29 along with the 2021 Property Tax Statements. She stated that she received about 3 or 4 residential calls with some general questions. She gave a brief summary of the 2021 assessment and noted that it has met all of the assessments standards set by the State. The total estimated market value of the City increased 3.5% from last year and landed at 1.2% when new construction was taken out. Council Member King asked about the 49 homes that were unqualified. Ms. Wells stated that those homes would be, for example, new construction sales and anything on. She stated it would also be things like bank sales or foreclosures, but her recollection is that there were not any of those types in the City this year. Council Member Koski asked about the total valuation amounts and if they represented both residential and commercial properties. Ms. Wells confirmed that this was correct and represented the entire City. Mayor Love stated that he was happy to see the City continued to gain value and continue to grow as a City. Motion by Council Member Koski, seconded by Council Member Lakso, to Open the Public Hearing for the Local Board of Appeal and Equalization. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. Mayor Love suggested keeping the Public Hearing open in order to give the residents a chance to comment if they logged into the meeting late. Ms. Wells stated that there are several Parcel ID #s that need to be read into the minutes. Mayor Love stated that he would like to move on with the next agenda item and reiterated that he would like come back to that information in case residents log onto the meeting late. Page 2 of 11 City of Centerville Council Meeting Minutes April 14, 2021 VI. APPROVAL OF THE MINUTES 1. None. VII. CONSENT AGENDA Administrator Statz stated that the Anoka County Radio Club had submitted a COVID preparedness plan (#4). 1. City of Centerville Claims through April 14, 2021 (Check #33643-33676) & (1677E- 1679E) 2. Centennial Lake Police Department Claims through April 1, 2021 (Check #13731-13749) (E2021013-2021014 3. Centennial Fire District Claims through February 9, 2021 (Check #9052- 9062) & (2E021006) 4. Anoka County Radio Club Special Event Permit 5. Authorize Submission of CenterPoint Energy Community Safety Grant Application Mayor Love provided an opportunity for the Council to add or remove any item(s) to/from the consent agenda. Motion by Council Member Koski, seconded by Council Member Lakso to Approve the Consent Agenda as Amended. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. Mayor Love asked if there had been any residents who had joined and wished to speak at the public hearing regarding the Local Board of Appeal and Equalization. Administrator Statz stated that there was no one who desired to speak. Ms. Wells read into the record: PIN # - 14-31-22-31-0042; PIN# - 26-31-22-12-0005; PIN# - 26- 31-22-12-0006; PIN # - 23-Broussard/Vickers; PIN # - 23- 31-22-23-0008; PIN # - 23-31-22-23-0013; PIN # - 23-31-22-23-0010; PIN # - 23-31-22-23-0005; PIN # - 23-31-22-23-0006; PIN # - 23-31-22-23-0007; PIN # - 23-31-22-23-0009; PIN # - 23-31- 22-23-0014; PIN # - 23-31-22-21-0051; PIN # - 23-31-22-21-0058; PIN# - 23-31-22-22-0005; PIN # - 23-31-22-22-0004; PIN # - 23-31-22-22-0009; PIN # - 23-31-22-22-0010; PIN# - 23-31- 22-22-0011 (exempt parcel va Mr. Alex Guggenberg, Anoka County Assessor, noted that exempt properties were reviewed once every 6 years and the next exempt assessment is coming up next year. Mr. Erik Skogquist gave a brief presentation regarding some properties whose owners have reached out to him. He explained the location of the office/condo complex just south of the water tower that has three separate buildings which are each divided in half so each is a condominium Page 3 of 11 City of Centerville Council Meeting Minutes April 14, 2021 unit, which means there are a total of 6 units in this complex. He was contacted by the owner of K.C. Holdings, LLC, Mr. Justin Knabe, as well as a third owner regarding the units. He explained that three of these properties sold about a year ago, yet every sale is a bit unique. One of the properties that was sold to K.C. Holdings, LLC sold in February of 2020 for $192,500; the parcel purchased by Mr. Knabe sold November of 2019 for $270,000; and the third parcel with the Farmers Insurance Agency sold for around $190,000 as well, but included purchasing the business. The parcel for K.C. Holding was on the market for about a year and started at $280,000, went as low as $170,000 where there was a bidding war and the ultimate purchase price was $192,500. He explained that the owner was terminally ill and desired to liquidate his assets prior to his death. The $270,000 sale had a partial sale/lease back which means the prior owner sold it with the condition that they would continue to lease half of the unit for 5 more years, so that situation would e third example was someone who bought the building, but also bought the business. He explained that all three of these transactions were not perfectly clean. He explained how he had looked for comparable properties throughout the County and how that changed his recommendation for a valuation adjustment for all 6 of the units to $231,200, even if they did not contact him. He noted that another option would be to make slight adjustments based on the age of the units. Council Member King asked if comparable properties had to be within a certain distance from the property. Mr. Skogquist explained that the best thing is to look for something similar in style, age, and location, but noted that it gets more difficult with commercial property because there are more variations. He stated that he thinks the true value is above $192,000, but below $270,000. Council Member Koski stated that he does not think the proposed $231,200 is out of line. Mr. Guggenberg stated that he agrees with Mr. feels his approach was logical. He gave some examples of an uptick in values in Blaine that were due to an exodus from downtown Minneapolis businesses due to recent unrest. Council Member Mosher asked what the 2020 value of the parcels were. Mr. Skogquist stated that they were all around $251,000 to $255,000 range last year. Mayor Love stated that it appears as though some adjustments will need to be made and asked how they should proceed. Mr. Guggenberg stated that the Council could make a motion to adjust the values as suggested by Mr. Skogquist and explained that the property owne Ms. Wells still have the ability to appeal to the County Board. Mayor Love asked the Council for their opinion on the recommended valuation adjustments. The Council discussed details surrounding the sale of the properties that were sold for $270,000 and $192,500 and came to a consensus that they supported lumping the 6 parcels together for a consistent valuation. Page 4 of 11 City of Centerville Council Meeting Minutes April 14, 2021 Motion by Council Member Koski, seconded by Council Member King to Close the Public Hearing for the Local Board of Appeal and Equalization. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. Motion by Council Member Koski, seconded by Council Member Mosher to Add a New Agenda Item to Consider Adjustments to Property Valuations as Presented. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. Motion by Council Member Koski, seconded by Council Member King to Approve the Adjustments to Property Valuations as Presented. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. Ms. Wells asked Mr. Guggenberg how the form would get signed. Mr. Guggenberg stated that similar to last year, he has signed it on behalf of all the Council Members and noted that they were in attendance at the meeting and will be included along with the official PIN list that is sent to the State. VIII. OLD BUSINESS 1. Sale of Public Works Trucks Administrator Statz explained that the City had bought three (3) trucks last year, however they were not delivered until about three months ago. He explained that the trucks that are proposed for sale are two (2) Ford Rangers and one (1) of the Chevy trucks. They will be sold through an on-line auction and noted that later this year when the Council is discussing the budget, they will also discuss which other trucks will go through in the next purchase cycle. He explained that there will be a day where people will be allowed to come take a look at the trucks but will not allow test driving because of potential COVID issues. Council Member Koski asked if any of the accessories would be sold along with the trucks, and gave the example of the plow attachment for the Chevy truck. Administrator Statz stated that he believes the plow will be sold along with the truck because he does not think they will be transferrable to the new trucks. He stated that the brine spreader would not be sold along with the truck and believes that it just happened to be in the truck at the time the picture was taken. Motion by Council Member Lakso, seconded by Council Member King to Approve the Sale of Public Works Trucks, as Presented. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. 2. Motte Stormwater Systems/Downtown reek Watershed District Page 5 of 11 City of Centerville Council Meeting Minutes April 14, 2021 Administrator Statz explained that this is an addition to an existing agreement that the City has with the Rice Creek Watershed District (RCWD). He gave a brief overview of the original agreement from 2011 and the initiation of the expansion of the system. He stated that this MOA just amends the original agreement to add the other areas under the same agreement terms. He reviewed the minor modifications to the agreement. Council Member King stated that he would like to make sure the City has this document signed and in hand before anything proceeds downtown. He asked if this agreement was just a formality and expressed concern about RCWD changing their rules in the future. Attorney Glaser explained that this contract governs the relationship between the two parties. He stated that this contract will help the City because it defines the requirements for stormwater in a unique way. If the RCWD came back and attempted to pull the rug out from underneath the City they will just pull out the contract which will ensure that the City has met its obligations under that contract. He stated that he does not foresee this being a problem with the RCWD. Council Member Koski asked how the agreement was written with regard to the church and St. Paul Board of Water to use their property and what would happen if they decided that they wanted to back out at some point. Administrator Statz explained that the City has separate contracts with those parties that were signed before construction even began and noted that the agreements still let them back out if they see problems. He stated that he is hopeful that this public/private partnership will be done right and things will go well. Council Member Koski asked if this agreement will be looked at every (3) three years. Administrator Statz stated that the capacity of the system is just estimated and noted that when the sprinklers are fired up in a few weeks, they will know if it is too much or not enough water. He stated that once there is a year completed, they will report back in and communicate how many gallons were pumped. He stated that the Council can be proud of this system and noted that the City will save more water than the Twins ballpark. He stated that each year they will report back on how many gallons were saved. He stated that there was language added to the document that both parties can request a revision of the numbers based on trends. He stated that he wanted to make sure that the terms could be renegotiated if need be, but also with the understanding that there needs to be an end point, so they have stopped that at year three. Council Member Koski asked how a dry year would affect how many gallons are pumped. Administrator Statz agrees that it could affect things but so can a wet year, which is why they were looking at a three-year average. Motion by Council Member Lakso, seconded by Council Member Koski to Authorize Execution of the Revised Version of the Memorandum of Agreement with Rice Creek Watershed District for the LaMotte Park Stormwater Irrigation System and Downtown Redevelopment Plan, as Presented. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. Page 6 of 11 City of Centerville Council Meeting Minutes April 14, 2021 IX. NEW BUSINESS 1. Administrator Statz explained that every seven (7) years the City has to renew its MS4 permit which allows operation of a stormwater system through the Minnesota Pollution Control Agency. He stated that what was a 6-page application the last time it was completed, is now over 30 pages long. He stated that given the current workload among City staff, he has determined that he cannot handle this task within the deadline and has asked Stantec to give the City a proposal for completing the work. He noted that their proposal is in two parts that includes the MS4 permit application but also the whole new requirement for the TMDL studies. Council Member King stated that this has been going on for years and includes more paperwork and more money. He expressed his frustration that there has not been affirmation for how much the City has done by itself and in partnership with RCWD and the MPCA. He stated that he feels like the City is spending a lot of money it there is a lot of redundancy. Administrator Statz stated that he agreed that it is difficult not to be get cynical and reminded the Council that this is not being pushed by RCWD, but the PCA. He stated that he has been meeting with RCWD regarding the redundancy and believes they are close to having something to bring to the Council that will be at least a baby step towards eliminating some of the redundancy, which will be a positive. Council Member Koski stated that he shares some of the same frustration as Council Member King. He stated that he agrees with the concept because he does feel there is too much going into the lakes. He suggested that the City may be able to do some sort of public service campaign to educate people on things like using a different kind of fertilizer. He asked if this snuck up on the City and noted that he feels as though the City is a bit under the gun for this application. Administrator Statz agreed that it snuck up on the City a bit. He stated that usually for this type of thing the City would get it 6-8 months in advance of the deadline, which was not the case this time. He stated that he had been under the impression that he could tackle it himself and then things snowballed and got out of hand quickly, so he is raising the white flag. Council Member Koski stated that he would like to have more discussion on this going forward when there are proposals like this that involve this kind of money. He stated that he would like to see RFPs put out and see if there is a more competitively priced option. Council Member Lakso stated that she appreciates that Administrator Statz is asking for this assistance because he has a dual role as engineer and administrator. She asked about item #5 in the tasks to potentially be completed by the City. She noted that she thought the goal of this was finish. She stated that she thinks it should be all or nothing and Administrator Statz should not try to do more work when he is asking for help. She stated that she understands that there would be a small cost savings, but would like to see eed up for other duties. Administrator Statz thanked Council Member Lakso for her comments but noted that if he does Page 7 of 11 City of Centerville Council Meeting Minutes April 14, 2021 have the opportunity to complete some of the tasks, he will take them on. He stated that Stantec will bill hourly, so if there are things he can do, it will bring the cost down a bit. Council Member Mosher stated that he also had questions on #5 and whether it would be worth the possible money savings. He asked if that would be something that Public Works Director Palzer could take on. Administrator Statz explained that the plan would be that those tasks would be handled between himself and Public Works Director Palzer. Council Member Mosher asked if Stantec would provide numbers of what their findings are as well as the various measurements. Administrator Statz explained that he believes the message the PCA is sending to the cities is letting them know that in the past they were being a bit sloppy so the PCA went through and took every line of the 6-page permit application and turned it into a question. He stated that one of the things he thinks has changed are questions regarding having a written process for things rather than just letting the cities answer the question with will end up with is kind of a map from Stantec of how the City can get to where the PCA wants it to be. Mayor Love asked if Administrator Statz had heard from his peers that this snuck up on them as well. Administrator Statz stated that the City is not the only party that is scrambling and noted that just today RCWD sent out an e-mail that they were still looking for information from many cities to they can submit by the deadline as well. He stated that he suspects there is a route to extend the deadline, but noted that he does not want to go down that route. Mayor Love asked about the health of the Stormwater Fund that the payment for this service will be made from. Administrator Statz stated that it is not very robust. Finance Director DeJong noted that he had asked Stantec for some other breakdowns, but has not gotten those numbers yet. He stated that he has been going through the bills on the downtown project to make sure everything has been accurately applied. Administrator Statz stated that unfortunately, the City does not have much of a choice in this matter and is appropriate for the payment to come out of the Stormwater Fund. He stated that they are planning to look at this fund at the next Council meeting, so an adjustment could be made if necessary. Finance Director DeJong noted that he and Administrator Statz have also spoken about the likelihood of being able to use some of the American Recovery Act funds for stormwater purposes which they feel is a distinct possibility. Page 8 of 11 City of Centerville Council Meeting Minutes April 14, 2021 Council Member King asked how much the permit itself would cost. Administrator Statz stated that he does not know the answer to that, but will bring it back to the Council. Motion by Council Member Lakso, seconded by Council Member Mosher to Authorize Scope of Services and Fee Proposal from Stantec to Assist with MS4 and TMDL Permits Applications, as Presented. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator Statz stated that he was not able to complete an Ad that the City is still looking to hire 4 people for summer help but thinks the City has only received 1 application thus far. He encouraged the Council to help spread the word that they are looking for help such as college aged kids that are home for the summer and noted that the starting pay is $13.40/hour. He stated that planning meetings for Fete de Lacs have begun. The development proposals that were on the Planning Commission meeting that was disrupted by some bad actors on the Zoom call recently will be reconsidered on April 26, 2021. He asked that the Council not share the link itself to the meeting on social media and plan to direct everyone to the website and the calendar link. The back-up plan for that, if there are technical difficulties again, are that the hearing will be continued on April 28, 2021 at 5:00 p.m., in person with the Council. He stated that if this happens, he expects that the Council meeting start time will need to be pushed back. He stated that they are attempting to strike a balance between having meetings open to the public and yet keeping the meetings secure. He encouraged the Council to attend the April 26, 2021 Planning Commission meeting and noted that it has been properly noticed. He explained that it will be very helpful for them to attend because the issue will be coming right back to them on April 28, 2021. He stated that they will be able to hear the comments and discussion because it may be difficult to turn the minutes around that quickly. He noted that if the Council cannot attend the live meeting the recording will be available on North Metro T.V. Mayor Love asked if there was any information on the Lino Lakes YMCA as part of the COVID vaccine process. Administrator Statz stated that he only knows that they are a public vaccination site. Council Reports a. Lakso - Council Member Lakso stated that the Committee discussion the Adopt a Garden program; the Girl Scouts gave a presentation about pollinator gardens; vandalism; Park Clean-Up Day on April 24, 2021; Main Street Market Thursdays, July 8 through August 12, from 5:00 to 7:00 just before the waterski show. Page 9 of 11 City of Centerville Council Meeting Minutes April 14, 2021 Administrator Statz noted that the Parks and Recreation Committee also took a look at the banners and gave feedback to the EDA representative. He stated that the hope is that the banners will be up by Memorial Day. No report was given. b. Council Member Koski reported that the April 6, 2021 meeting was cancelled and rescheduled for April 26, 2021. He encouraged participation because he feels the topics of discussion will be important for the future of the City. Council Member Koski stated that the meeting will be held on April 15, 2021. c. No report was given. Council Member King asked if Brandon from Stantec had reported on the condition of roads and curbs in the Downtown area associated with the street project. Administrator Statz noted that he had been out looking at private developments and taking care of the punch list items on those projects and expects that he will be following up on the downtown street project as well. d. Mosher No report was given. No report was give. Council Member Mosher noted that the Annual Report from the Anoka C was interesting. He asked if there would be a Work Session on April 28, 2021 if the Council does not need to hold the public hearing for the development projects. Administrator Statz stated that he would like to plan on holding a Work Session at 5:00 p.m. He noted that they will plan to discuss issues that would not be critical if that portion of their meeting would need to be cancelled. He explained that if things do not go well at the upcoming Planning Commission meeting, the public hearing on April 28, 2021 will be held in person. If they do go well and April 28, 2021 is just a regular Council and workshop meeting, it will be held virtually. e. Love No report was given Meeting will be held on April 15, 2021. Page 10 of 11 City of Centerville Council Meeting Minutes April 14, 2021 will be held April 21, 2021. iv. Other Mayor Reports Mayor Love thanked the Planning and Zoning Commission members for their work and flexibility in holding a second meeting after their first meeting was disrupted. Mayor Love extended his thoughts and prayers to everyone involved in the recent incident in Brooklyn Center. XI. ADJOURNMENT Mayor Love adjourned the meeting of the regularly scheduled Council of April 14, 2021 at 8:37 p.m. Respectfully submitted by City Clerk, Teresa Bender. Page 11 of 11 CITY OF CENTERVILLE CITY COUNCIL WORK SESSION & COUNCIL MEETING April 28, 2021 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council Work Session & Council Meeting on April 28, 2021 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 WORK SESSION I. CALL TO ORDER Mayor Love called the meeting to order at 5:01 p.m. ROLL CALL* Not Approved PRESENT: Mayor D. Love Council Member Steve King Council Member Russ Koski Council Member Michelle Lakso (Arrived at 5:35 p.m.) Council Member Darrin Mosher ABSENT: None. STAFF: City Administrator Mark Statz City Attorney Kurt Glaser Finance Director Bruce DeJong d to mean that the noted individuals were visibly and audibly present on the videoconference call. II. AGENDA ITEMS 1. City Street Speed Limits City Administrator Statz several other communities within the State have decreased the speed limits within their communities to something less than 30 mpg on residential roadways. He stated that legislation has changed to allow for Cities to regulate their roadways and he desired to obtain input from Council. He did state that existing signage would need to be modified if it were ed that he did not feel that being site specific would be a good idea. Consensus of Council was to leave the existing speed limits the way they are currently posted. 2. Consider Move of Garbage Day off Friday Administrator Statz stated that he placed this item on the Council Work Session Agenda because he recently received two (2) requests for modifying the garbage/recycling pickup day to something City of Centerville Council Meeting Minutes April 28, 2021 other than Friday due to residents potentially being out of town for the weekends and unable to place their cans back near their homes which makes their homes an easier mark for potential burglary. He stated that he had spoken with the contractor (Republic Services) and they stated that they would entertain a change if desired. Consensus of the Council was that if the City had received numerous requests to modify they would consider, that if fees were to be increased due to a pickup day modification they would not consider and for 20 + years the collection day has remained on Fridays. Mayor Love stated that Centerville is a small town where neighbors should and could assist each other with placing empty containers near homes for one another once collection has been completed if they were asked or if they notice the homeowner is not home. 3. Placemaking Administrator Statz stated that he place the item on the Work Session Agenda for discussion as the Economic Development Authority desires input as to their roll (funding for beautification, making Centerville a destination, welcome monument, etc.) He stated he was unsure as to ideas that have been discussed as to whether EDA should be working in this area, working with other ea or only working on business retention, marketing, etc. placemaking, funding, marketing, branding, working with the Parks & Recreation Committee, business retention and bringing in new businesses. Administrator Statz was directed to provide Council with a list and prioritize items and funding for Council consideration at a future date. 4. 2020 Year-End Financials (Unaudited) Administrator Statz reviewed the 2020 Year-End Financials (Unaudited) with Council. Discussion was had regarding CARES funding, possible paving of the City Hall parking lot and how funding would be secured for this project, balances in accounts, pavement plan, overlays, Storm Sewer Fund balance, American Recovery Act Funding and unknown ability to utilize that funding for storm sewer projects, storm water pond restoration/drainage issues, ditch maintenance, trail maintenance being a part of the street funding and the existing policy for backyard drainage program. III. ADJOURNMENT Mayor Love adjourned the Work Session at 6:10 p.m. COUNCIL MEETING I. CALL TO ORDER Mayor D. Love called the meeting to order at 6:31 p.m. Page 2 of 26 City of Centerville Council Meeting Minutes April 28, 2021 ROLL CALL* Not Approved PRESENT: Mayor D. Love Council Member Steve King Council Member Russ Koski Council Member Michelle Lakso Council Member Darrin Mosher ABSENT: None. STAFF: City Administrator Mark Statz City Attorney Kurt Glaser City Planner Phil Carlson d 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. Motion by Council Member Koski, seconded by Council Member King to Approve the Agenda as Presented. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS 1. None. V. PUBLIC HEARINGS 1. None VI. APPROVAL OF THE MINUTES 1. January 13, 2021 City Council Meeting Minutes Mayor Love provided an opportunity for Council to make modifications to the minutes if desired. Motion by Council Member Koski, seconded by Council Member Mosher to Approve the January 13, 2021 City Council Meeting Minutes as Presented. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. Page 3 of 26 City of Centerville Council Meeting Minutes April 28, 2021 VII. CONSENT AGENDA 1. City of Centerville Claims through April 28, 2021 (Check #33677-33704) & (1682E- 1691E) W/Voided E-Check #1690E 2. Centennial Lake Police Department Claims through April 22, 2021 (Check #13767-13788) W/Voided Check #13765, (2021016-2021019E) & Payroll (Check #13777-13779) 3. Centennial Fire District Claims through April 27, 2021 (Check #9063-9067) & (2021007E) 4. 5. Electrical Inspector Change 6. Minnesota Cities Stormwater Coalition (MCSC) Membership 7. 8. EDA Request to Hang Banners on City-Owned Light Poles Mayor D. Love provided an opportunity for Council to add or remove any item(s) to/from the consent agenda. Council Member King asked to pull items #6 and #7 for discussion. Motion by Council Member Koski, seconded by Council Member Lakso to Approve Consent Agenda items # 1-5 and #8 as Presented. A roll-call vote was taken. Council Members King, Koski, Lakso & Mosher voted in favor. Mayor Love abstained. Motion carried. Council Member King asked for an explanation of the Storm Water Coalition membership. Administrator Statz explained that it is a coalition of cities that are required by the Pollution Control Agency (PCA) to have MS4 permits. He stated that this permit allows for owning and operating of a stormwater system. This organization lobbies the legislature and the PCA to keep the regulations reasonable as sort nization. He noted that he believed that the League of Minnesota Cities was simply doing the administrative work for the coalition and are operating separately from the League. Council Member King asked how he could get more information on the Coalition. Administrator Statz stated that he is not sure if they have their own website but noted that he is very familiar with them because his past clients also worked with them. Council Member King reiterated that he would like to know more about them such as how long they have been around and try to figure out if the City is actually getting something out of partnering with them. Administrator Statz suggested that he can get Council Member King in touch with them and try to get him on a mailing list/e-mail blast. Page 4 of 26 City of Centerville Council Meeting Minutes April 28, 2021 Motion by Council Member King, seconded by Council Member Koski to Approve Consent Agenda #6 as Presented. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. Council Member King asked for an explanation of the paying agent agreement regarding Consent Agenda Item #7. Administrator Statz stated that this is an agreement with Northland Securities to complete the annual paperwork that comes along with the bond that the City has. He gave an explanation of the bond selling process and noted that it should be handled by a paying agent rather than a part-time Finance Director. Motion by Council Member King, seconded by Council Member Mosher to Approve Consent Agenda Item #7 as Presented. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. VIII.OLD BUSINESS 1. None. IX. NEW BUSINESS 1. Ordinance #113, Second Series Amendments to City Code Chapter 156 & Table 156.A-1 (First Reading) Mayor Love stated that he wanted to thank the Planning and Zoning Commission for holding a 6.5-hour meeting last week as an emergency meeting after the initial meeting was hijacked. He thanked the individuals who took the time to write and share their thoughts and feelings. His hoped that the Council can separate facts from feelings and make the best decision for the City as a whole. He stated that because there was a 6.5-hour public hearing held, the Council will not entertain public comment at this meeting. He clarified that the land being discussed tonight is not owned by the City and the City did not individually pursue business owners to sell the land. He explained that the landowner is a local businessman who has been part of the community for many years. As elected officials, the Council represents all citizens of the City; and the City and its citizens are not separate entities. Administrator Statz stated that this is a proposed change to City Code Chapter 156 and the table of allowed uses. He explained that the table outlines allowed uses, allowed by Conditional Use Permit (CUP), or not allowed. He gave a brief overview of past actions regarding the creation of the B-2 Zoning District (Main Street Commercial) but noted that some things were not reflected in the table. He explained the rules about allowing things like car repair and car washes in conjunction with a gas station. He noted that the draft ordinance has the new proposed language written in italics and clarified that this proposed Code amendment is independent of the Kwik Trip proposal. Council Member King asked if Kwik Trip would need a CUP if the Council passed this. Page 5 of 26 City of Centerville Council Meeting Minutes April 28, 2021 Administrator Statz clarified that if the Council passed this it would allow a car wash as an accessory to retail fuel sales (gas station) only as a conditional use. He gave a quick overview of how CUPs work and noted that it means that the City can put conditions on the use and does not mean that the use can be denied. He explained that the conditions need to be reasonable and be things like limiting noise, hours of operation and not things like standing on your head and clapping three times. Council Member King reiterated his question that if the Council passes this, the CUP for Kwik Trip will not be necessary and noted that the agenda item tonight was Plan Review for the Kwik Trip. Administrator Statz explained that the CUP is not on the Counc would look to be done after the ordinance is adopted. He stated that tonight reading and noted that the second reading would be on May 12, 2021, so the CUP would be presented on that agenda. Council Member King confirmed with Administrator Statz that his understanding is that if this ordinance is passed, it would give Kwik Trip permission to have a car wash, just with conditions. He stated that he has received a lot of phone calls and e-mails about this issue. He stated that he would like this item to be tabled because there is so much information to get through. He noted that he would like the newspaper to print up a story so there could be more input from the citizens, even those outside of the notice area. He reiterated that he believes this should be tabled and the City should have a bigger public forum on this issue. Mayor Love stated that he thinks it is important that there are conversations and reference these items tonight. He stated that there is a landowner who is trying to sell his land and he has a right to have the Council discuss his proposal and have it done swiftly. He stated that he believes the City is approaching the 60-day limit and due to the delay of the Planning and Zoning Commission meeting, he believes there is going to need to be an extension, but noted that he does not think that should just be done arbitrarily. Administrator Statz explained that Minnesota State law requires that the City act on Zoning proposals within 60 days or they are deemed to be accepted. The City is allowed to give themselves one 60-day extension. He noted that he believes the initial 60-day period expires next week and regardless of what action is taken tonight, there will need to be an extension. He explained that this means the City has two more months to act, otherwise this would just be accepted. Council Member Lakso stated that she is not in favor of changing the ordinance at this time and would echo some of the thing brought up by Council Member King. She stated that she is fine with discussion but does not want to make any decisions without tabling this and getting more input. She stated that she does not believe she has personally had enough time to process all of the comments that were made on Monday as well as the deluge of e-mails she has received. Mayor Love noted that this is a first reading of the ordinance so the vote will not be called tonight. Council Member Koski stated that he is in favor of the overall spirit of what this ordinance is Page 6 of 26 City of Centerville Council Meeting Minutes April 28, 2021 attempting to provide. He stated that he feels it fits with what the City already has going on with other convenience stores and would be fair to everyone. He stated that he was very impressed nd the involvement of residents and how they organized themselves in such a short period of time. He stated that the City belongs to the people and while he understands that people from Lino Lakes are not residents of the City, they are part of the community. He explained that he does not take things lightly and has often encouraged resident involvement. He stated that he feels that there was a lot gone through Monday night at the Planning and Zoning Commission and these are changes that will affect the City for many years. He stated that he has only had about 30 hours of time to digest what heard Monday evening which he felt was not enough time. He stated that since the meeting, he has seen petitions and received a number of e-mails and phone calls. He stated that his job as an elected official is to be the voice for the people and hear the people who wanted to get involved. He noted that there is a lot of misinformation out on social media sites and thinks people deserve to be heard in a public forum, including the land owner and the developer. He stated that he believes it would be prudent and fair to have some type of public forum on this item. The City cannot stop a business coming here if it is zoned for that and stated that it would be against the law. He stated that he thinks there needs to be education and an exchange of information in this whole thing. He stated that there are certain parts of this project that he supports and others he would like to hear more about. He stated that he is not ready to make those kinds of commitments tonight based on 30 hours between the Planning and Zoning meeting and the Council meeting. He stated that he understands that this is a first reading and that an extension will be necessary. He asked if that extension time could be utilized to clarify to people so they understand what they are trying to do in the City. Mayor Love stated that he believes there will be an opportunity this evening to have the developer speak on their project and dispel rumors or inaccurate information. He reiterated that this is a first reading. He stated that with regard to the ordinance, he believes, that this was nothing more than a typographical error and was referring to stand alone car washes. He stated that it makes sense to allow a gas station to have a car wash and feels that this is the City cleaning up an ordinance that was not quite written in the correct way because someone brought it to their attention. No action needed. 2. Rehbein Commercial a. Preliminary Plat Administrator Statz asked Phil Carlson, City Planner, to give an overview of this item. thst Mr. Carlson stated that this is a plat for 24 acres, large parcel of vacant land between 20 and 21 Avenue on Main Street. The request is for a Preliminary Plat to divide it into 6 lots and noted that the details are included in the report. He gave an overview of the summary recommendations from the staff report. He stated that the proposal to divide the land meets basic City criteria for a Preliminary Plat and should be approved. He noted that there is an issue with Lot 1 and Lot 1A which cannot be combined because they are recorded under two different methods of property descriptions. He explained that because there is no immediate development proposed for those lots, it can be addressed at a later date through an administrative process. He state that there is a street shown that would end in a cul-de-sac and explained that there will be a traffic study to Page 7 of 26 City of Centerville Council Meeting Minutes April 28, 2021 determine whether the street should go through to 20th. Sidewalks, trails and park dedication are proposed for all lots and noted that the engineering items are covered separately in a memorandum from the City Engineer. He stated that he believes it is important for this discussion, knowing the interest in the proposed development, that dividing this plat into lots, can be approved as simply the division of land as a stand-alone as action without approval of the specific uses. He noted that Lot 2, Block 1 is the Kwik Trip lot, Lot 3, Block 1 has no proposed development, Lot 1, Block 2 is the proposed senior living facility, and Lot 2, Block 2 is the proposed apartments. He stated that th the question is whether Street A should be extended to 20 if and when needed. He noted that he had included some possible scenarios related to the street, but reiterated that the recommendation is for a traffic study to be done to see what would happen if the entire plat were fully developed. He reiterated that this plat meets the basic requirements for subdivision in the City Code and staff is recommending approval. Administrator Statz stated that the legal requirements in front of the Council for a Preliminary Plat are that there is a duty for them to evaluate th asked that the Council put aside everything else that is proposed as part of this and just look at this as a subdivision of land by itself. He stated that if there is nothing wrong with the subdivision, as a whole, there is an obligation to approve it. He stated that they can give feedback regarding to things they do and do not like, such as proposing the roadway in a different location. He stated that the Council could allow for an extension of another 60 days to allow for more time to review but the Council cannot say that someone cannot plat their land. Mr. Carlson stated that the drawing in the report that shows the colored lots is not the plat and clarified that the plan does not identify proposed uses, such as Kwik Trip or the senior living or apartments. The plat simply identifies Lot 1, Block 1, Lot 2, Block 1, etc. and the street right of way and simply divides the land into parcels. The Preliminary Plat is one step in process and would still need to be final and presumes this arrangement is approved and the landowner would have certain rights if they bring back a final plat at a later date. Attorney Glaser stated that this is a Preliminary Plat and there is a Final Plat that comes after that and are another series of questions that relate to the individual developments within the lots. He stated that the Council should really view those as independent questions and will be preliminary because there will be more than one step associated with them which means there will be more time built in to answer those questions. Mayor Love gave the opportunity for representatives from Rehbein/R & R Leasing to speak the item, but no one spoke. Council Member King stated that he had no problem with the plat and noted that his one question is what would happen if someone came in and wanted two lots instead of one, how much would that process cost them to combine the lots. Administrator Statz stated that if there were major changes, it would be brought back before the Council for this same process, but if it was substantially the same it would not be brought back and would just move to the Final Plat approval. He stated that regarding cost, it is really just a line on a computer and believes the costs would be minimal because the change is just to the drawing. Page 8 of 26 City of Centerville Council Meeting Minutes April 28, 2021 Council Member King asked if combining Lot 1 and Lot 2 would be considered a substantial change, if the road was not changed. Administrator Statz stated that would be sort of a judgement call on part of Council to determine if it represented a substantial change. He stated that in that example, he would suggest that it does go back through the process. Council Member Koski asked who would conduct the traffic study and whether it would be the County because this is a County road. Mr. Carlson stated that the City would put that on the developer because that is what is driving the need for access. Administrator Statz stated that he agreed and explained that the City would review their traffic study just like they review their other plans such as stormwater calculations. Council Member Koski explained that part of the reason for his line of questioning is that there has been public feedback on this project and would not want someone coming back and say that stated that he does not want someone saying that the numbers cannot be trusted because the developer did it. He confirmed that the Preliminary Plat has nothing to do with walking trails and is simply the restructuring of the lots. Administrator Statz explained that because infrastructure is being put in, it does. He stated that as this moves towards Final Plat, they will also be that would layout the cul-de-sac with sewer and water and have trails/sidewalks. Mr. Carlson stated that to be clear, the plat simply records the lines on a map. He stated that the City knows that there is development proposed on some of the lots, but the lots will still be there whether the developments go through or not, but the road will not be built if it does not serve something. Council Member Koski questioned whetd that in the future they have the right and permission to put in a road there. Administrator Statz stated that would be the case if it was recorded, but oftentimes the developer does not record it, if they did not know how much of the development needs to go forward for them to be able to afford the improvements that go along with the plat. Mayor Love questioned if the street would be City owned. Administrator Statz confirmed that it would be a City owned street and would be wide enough for plow access. Mayor Love questioned whether the area for the cul-de-sac would be filled in with grass or something like a rain garden. Administrator Statz explained that the City would ask the developer for landscaping in that area, but would guess that it will just be grass. He asked to make one point Page 9 of 26 City of Centerville Council Meeting Minutes April 28, 2021 of clarification about what happens if the plat is approved and nothing else. He explained that if the developer did not record it and just sat there with approval of the plat in hand, that approval would be good for one year and at that point, the Code and possibly State Statute, would allow for the approval to be invalidated. Mayor Love asked about the earlier comment Administrator Statz had mentioned about tabling this item. Administrator Statz stated that all of these items can be tabled within the timeframe of an additional 60 days, with the initial 60-day period ending sometime next week. He stated that would mean the City would have essentially May and June to make a decision. He cautioned the Council that if they want more time to look at this, he would advise that they not make a motion to deny the request. Mr. Carlson noted that he believes that Preliminary Plats have a 120-day deadline which is not the same as other zoning approvals with a 60-day deadline. City Attorney Glaser confirmed that this item would not need an extension because there is already more time. He stated that if the Council chose to vote down the project, they would usually state the reasons so it could be corrected and brought back to the City. He stated that the Council could also just table this item because there is sufficient time with the 120-day rule, but they can also pass it because it is a Preliminary Plat and it would be subject to further modification and final approval. The Council discussed the Preliminary Plat approval process, the street platting, easements, utilities, drainage, and when things are recorded with the County. Motion by Council Member Lakso, seconded by Council Member Koski, to Approve the Preliminary Plat as Presented. Council Member Koski explained that part of him wanted to look as this as a group but based on what the consultants have shared, he understands that this is just a step and is just drawing property lines and will help clean up the Lot 1 and Lot 1A issue. Mr. Carlson noted that he would like to make sure that the conditions are included in the motion. Motion amended by Council Member Lakso, second amended by Council Member Koski, to Approve the Preliminary Plat with the conditions as included in the staff report. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. City Clerk Bender noted that there was a comment made that this would clear up the Abstract and Torrens issue with two of the lots and clarified that she does not believe that Preliminary Plat will take care of that issue. Administrator Statz stated that one of the conditions that was just approved by the Council is the requirement that it be cleaned up prior to Final Plat. Page 10 of 26 City of Centerville Council Meeting Minutes April 28, 2021 3. Kwik Trip a. Site Plan Review Administrator Statz clarified that the CUP for Kwis agenda and this item is just a Site Plan review. He stated that this approval would be for a Kwik Trip without a car wash and is an allowed/permitted use which means it cannot be denied as long as it meets the Mr. Carlson explained that Kwik Trip would like to develop Lot 2, Block 1 and reviewed the access points and location of the gas pumps. He stated that it functions as a pass through similar to a public street which Kwik Trip welcomes. He stated that they are suggesting, as a condition of approval, that the drive aisle be kept open and not obstructed as long as this site is in operation. He noted that there is adequate parking in several locations on the site, including stacking for a car wash, should that get approved in the future. He gave an overview of the lighting, trash enclosure, signage, and landscape plan. The recommendation is to approve the Site Plan with the 7 conditions that are included in the staff report. Mayor Love confirmed with Administrator Statz that this agenda item is under the 60-day provision and not the 120-day provision. He noted that the plans that have been presented do include the car wash. Administrator Statz stated that he believes it is the 60-day provision and noted that part of the motion should say that the Site Plan has been accepted with the understanding that the car wash, if approved, as a future addition. Council Member King asked if there was a site plan without the car wash and noted that he would like to know what it would look like without a car wash. Mr. Dean George, Kwik Trip developer, stated that if the car wash is not approved, they would have to go back to the team and see if this is still a store they would construct. He stated that theoretically, without a car wash, the Site Plan would be identical to what is presented without the bump out the back. Council Member King asked if there were any Kwik Trips that do not have a car wash. Mr. George confirmed that they do have some Kwik Trip stores without car washes. Council Member Lakso asked if Kwik Trip would be conducting the traffic study. Administrator Statz stated that the traffic study would be conducted by the overall developer which would be Mr. Rehbein, because the information the City is looking to find out is whether or not th the connection needs to be made to 20. Council Member Lakso asked when they traffic study would be completed. Administrator Statz stated that he would assume the study would be in conjunction with Page 11 of 26 City of Centerville Council Meeting Minutes April 28, 2021 development of Lot 1, Block 1. Council Member Lakso stated that she would like to propose a wider traffic study because of the ingress/egress and to establish leverage with the County if anything had to be changed. She stated that she thinks that there have been assumptions made that this road design can handle this use, so she would be very comfortable extending the traffic study for this particular lot and development to see what it would impact. She stated that her biggest thing with this proposal is walkability and stated that she does not see a sidewalk on the south side and asked if the City could make sure there is a sidewalk and a crossing to make it more connected. She explained that she thinks for the larger goals in the area, sidewalks are definitely something that she would look to include. Mr. Carlson noted that the approval on the plat did have a condition that there would be two th stretches of sidewalk built; from 20 Avenue along the south side of Lot 1 up to the Kwik Trip site; along the south side of Lot 2. He stated that it would not hurt to repeat that in the site plan approval, but the expectations are that segments 1 and 2 of the sidewalks will be extended. Council Member Lakso asked if there were design provisions in this area other than the general things to keep them in order with lights and garage. She asked if there was any provisions that would be needed to be a French look. Administrator Statz noted that there are requirements for masonry construction and that type of thing, but confirmed that it is not part of the Downtown Master Plan that has a bit more of a stylistic expectation. Council Member Lakso asked if there would be adequate space on the site for the times that there will be semi-truck deliveries of gas and other product delivery. Mr. George stated that they will get fresh products to their store every day but the daily delivery will be done by a short truck for things like bread and buns. He pointed out on the Site Plan the location that will be used for the semi-truck deliveries. He stated that the trucks will enter from the right in/right out entry along Main Street and explained that there is enough space for full circulation Council Member Lakso asked about the plans for 24-hour operation and if that was in keeping with the Zoning District, out of alignment code/ordinance, or whether it was perfectly allowable. Attorney Glaser stated that the use of this gas station is appropriate, permitted and also having a 24-hour operation is permitted. He noted that there are some decibel limits that are lower in evenings than during daytime. He stated that there was discussion at the Planning and Zoning Commission about having a car wash and their recommendation was to only allow it to operate between 7:00 a.m. and 9:00 p.m. Council Member Lakso noted that there are businesses in town that get overnight deliveries so she would like the City to keep in mind the potential noise issues with this type of activity. Council Member Koski stated that he thinks there has been a lot of good points and good discussion. He explained that there are a few things that concern him on the site plan. He stated Page 12 of 26 City of Centerville Council Meeting Minutes April 28, 2021 that his big concerns are related to light and noise pollution as well as drainage. He stated that the City will lose pervious surface and water drainage is something that he would like to make sure is addressed. He stated that he knows that there has been talk of directing the lighting downward, but thinks that if he lived nearby that light and noise pollution would be a big concern for him. He stated that he would also like the light from their signs to be taken into consideration. He stated that regarding traffic flow, he is a bit concerned about where the traffic will end up going in and out and taking shortcuts through neighborhoods. He stated that he would like to make sure the City addresses those issues. He stated that he would like to make sure people are not hearing the back-up alarm when the fuel tankers are refueling at night or making deliveries at 5:00 a.m. Attorney Glaser clarified that loading is allowed at night, but loud noises made during loading are not allowed during 10:00 p.m. and 7:00 a.m. He read aloud that portion of the City Code. Administrator Statz asked if the developer could comment on the lighting concerns that Council Member Koski has shared. He asked if there would be lighting on the sides of the canopies or neon. Mr. George stated that he does not think these are neon canopies on the sides, but would have to double check his information. Administrator Statz stated that he used to be a consultant and worked with the City of Stacy and one of the things that they asked for when there was a Kwik Trip built, was to not light the side of the canopy that faced a residential area and suggested that may be something Centerville would also like to do for the north side that faces the residential area. Mr. George stated that they have done both kinds of designs where the red stripe on the canopy is lit and others where it is not. He stated that he will double check if the plans call for lighting the canopy and if so, he will make sure it is not lit on the side that faces the residential area. Council Member Koski thanked Mr. George and noted that if he lived next door he would not want to have a red lighting beaming into his bedroom. He asked if there would be an overnight parking in their parking lot. Mr. George stated that there is not enough space for there to be truck parking. Council Member Koski stated that he would like to table this item to go along with the car wash discussion, because, to him, they go hand in hand. He stated that he likes what he is seeing for the layout, but would like to table it as part of the rest of the project and also in order to give time for people to express their concerns. Mayor Love stated that Mr. Carlson had characterized the street as being almost like a public street. He asked if the road going on the west side of the lot would not be a public road nor will be it something that the City is responsible for with regard to plowing and maintaining. Administrator Statz explained that it is a private street and noted that the Council could pursue an agreement or an easement that said the area had to be always open and not obstructed. He reiterated that Kwik Trip has indicated that they welcome keeping that open because their hope is that more Page 13 of 26 City of Centerville Council Meeting Minutes April 28, 2021 people may stop in. Attorney Glaser stated that the easement part of this is probably something that is also somewhat of a plat issue and suggested that the City may want to talk about the whole plat design with the property owner. He stated that it is on private property and is a permitted use, but from an engineering standpoint, if there is a reason for those types of things, then that is a wise thing to add as part of a site plan. Mayor Love stated that he just wanted to make sure that everyone was on the same page with regard to the street, because it is a private street which means the owner has the right to decide how it used. He asked if the storage pond on the north side of the lot would be a City pond. Administrator Statz stated that it will be a City pond because there is drainage from the right-of- way that goes through this pond in addition to drainage from Kwik Trip. Mayor Love stated that the City has already held a public hearing and there is the option of the City receiving feedback from the public via e-mail. He explained that Administrator Statz has offered to receive and disseminate all e-mails to the Council and make them part of the packet for the next meeting. He stated that he did not feel another public hearing was needed as part of this process. Council Member Koski asked if the City would request that some type of fencing or barrier be put alongside the pond to block it in order to block noise or light from the nearby townhomes. He st asked if 21 Avenue would support the weight of the 90,000-pound tanker trucks. Mayor Love stated that the City has two other gas stations in town and other streets have been able to handle the weight. Administrator Statz stated that the street is built to a 10-ton standard. He noted that the landscape plan shows a number of trees around the storm pond as well as the perimeter of the site. Motion by Council Member Koski, seconded by Council Member Lakso, to Table Discussion of the Kwik Trip Site Plan, to consider it alongside the other changes with this project. Council Member Lakso stated that she believed that the prevailing desire was to push this off and allow for a longer comment period but knows that this action may cause frustration for others. She stated that she wanted to assure those individuals that thouncil with this action was to increase public input on the project. She encouraged people to e-mail Administrator Statz or herself to give their input. Council Member Koski stated that tabling this will also benefit the developer because if there are any questions or concerns, there is now some time for them to address them because there was a lot of miscommunication or disinformation that was put out there, as well as many valid questions that have been raised. He stated that he wants to make sure everybody has a chance to give input. Mayor Love asked if, since this is being put forward without the actual car wash, whether the developer had any specific rights. He asked about the deadline for action on this item. Page 14 of 26 City of Centerville Council Meeting Minutes April 28, 2021 Administrator Statz explained that the City would put forward a 60-day extension even if the full 60 days is not necessary in order to give extra time to make revisions to the plans or explore them further. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. 4. NorBella Senior Living a. Rezoning (B-2 Main Street Commercial to B-1 Commercial) b. Conditional Use Permit (Specialized Care Facility) c. Site Plan Review Mr. Carlson stated that this request is for a project called NorBella Senior Living which is an assisted living/memory care facility. He stated that they are requesting a rezoning, CUP, and Site Plan review. This project would be for Lot 1, Block 2 on the north side of Street A that runs through the project. He reviewede current zoning, and the proposed zoning. The 24-acre Rehbein Commercial parcel, because it was one parcel that was zoned B-2 when the Main Street zoning came through, however, there is only some of the property that fronts on Main Street. He stated that it would be appropriate to have some of the property that is further away from Main Street be zoned B-1 and explained that there is no need to amend the Land Use/Comprehensive Plan if this change is approved. He explained that a Specialized Care Facility is considered a Conditional Use within the B-1 zoning. He stated that there are conditions attached and noted that one of the key issues will be having the appropriate licenses from the State and County, as well as knowing that there is adequate staff to handle emergencies. He stated that there is also concern that there may be excessive use of 911 calls and the City needs to consider if they have recourse if that occurs. The Site Plan review focuses on the design and standards on the site itself and gave a brief overview of the details for the single-story building with parking in front with 35 stalls. He reviewed the handful of issues that were brought up with relation to the sidewalk serving the site and the recommendation that there is a loop sidewalk that would allow residents to take a walking loop around the facility. He stated that they are suggesting that a portion of the st sidewalk be removed in favor of having a sidewalk out to 21 Avenue so people can cross at the intersection. He stated that, in his opinion, 35 parking spaces for this building is more than adequate. He reviewed the planned building materials, lighting, the trash enclosure and screening, landscape plans. The recommendation is for approval of the rezoning and the CUP with conditions as outlined by the City Attorney in the packet and briefly reviewed the conditions. Administrator Statz gave a brief overview of the analysis of the tax situation that was put together by the City assessor. His valuation ended up at $3.5 million, the tax class rate would be 1.25%, which produced an estimated tax of $61,000 and the City portion of that amount would be $22,338. He stated that the City had also asked the assessor to evaluate the lot for something like a generic commercial building or retail outlet. That valuation would be $2.36 million, the tax class rate would be 1.5% for the first $150,000 and then 2% above that amount, which would mean the estimated taxes are higher at $80,000, but the Cibe $23,000, which is very close to the City portion for the senior facility that is presented. He suggested that the developer be given the opportunity to tell the Council a bit about the project. Page 15 of 26 City of Centerville Council Meeting Minutes April 28, 2021 Mayor Love stated that he wanted to apologize to the developer for Kwik Trip because he neglected to give them the opportunity to tell the Council about their project and noted that if Mr. George was still on the call, he would like to extend that opportunity to him as well. He noted that after the Council is finished voting on this issue, he would like to take a 5-minute recess. Mr. Davis Stradtman, Rachel Development, explained that they see this smaller, more comfortable, high acuity memory care facility as a niche in the market and something that is needed. He stated that there are three of these currently under construction in other parts of the metro area and are planning to do several more. He stated that when you talk about a facility like this and the possible emergency calls that it may create or cause additional taxing on the local emergency system, he would suggest that there is a bit of a different impact. He stated that folks that could use the care that is provided by a facility like this are living at home, by themselves, and are at risk for falls and other emergencies in that scenario. He stated that this kind of thing happens frequently if there is not a facility like this available to those people. He stated that being in this facility moves them out of a potentially dangerous situation of being at home by themselves. He stated that at the facility they will have the care that they need, at their fingertips, 24 hours a day. He reiterated that they feel that they are providing a service that is needed and expressed his pride in the facility that they are proposing. Their operational partner is Great Lakes Management which are a very experienced, well respected senior care facility management company and will have a minority ownership stake in the facility. Council Member King stated that he had spoken with Mr. Stradtman over the phone and noted that all of the assisted living places that he has seen are all at least 3 stories high. He understands that this is a different business model with only 40 units, but explained that he does not understand why it cannot be larger. He stated that he thinks land use and reiterated that he does not understand why this building cannot be larger. He asked what the difference is between a high acuity facility and the other nearby assisted living facilities such as the ones in Shoreview and Hugo. Mr. Stradtman stated that high acuity is meant to explain that there is a little bit of a higher level of assistance. He noted that none of the residents in this facility will have a vehicle or be independent living. He stated that a vast majority of people that live in the larger facilities are mostly independent living. This facility will have more care providers per occupant and the idea is that they are able to offer additional care such as two person transfers and managing medication. He stated that the larger facilities are more like senior apartments and are not focused on the assistance component and stated that this proposed facility meets a need in the market and is why it is a bit smaller with more intensive staffing. He gave an overview of the new building codes that restrict multi-level areas in association with memory care and has to be one-level. Council Member King stated that he has been to larger assisted living facilities that are not senior apartments. He stated that perhaps he should have taken a closer look and wonders if those facilities have different stages of assistance like Presbyterian Homes. He reiterated that his comments are related to the size and the fact that he cannot understand why it cannot be larger. Mr. Stradtman reiterated that the building code changes he mentioned are a recent change that restricts multi-floors above or below memory care. He stated that they do have larger facilities that have what Council Member King is referring to, but those facilities can no longer be Page 16 of 26 City of Centerville Council Meeting Minutes April 28, 2021 constructed in that way anymore. He stated that Presbyterian Homes type of facility are what is called a continuum of care and has everything from active to nursing home type facilities. He stated that with this project they are trying to bring an option to the community for people that need transitional care or more assistance which does not have as many options as an active senior may have. He stated that their building design fits on the parcel and if it were larger there would be more parking required. He stated that they feel that their operation is a good transitional use between more intensive commercial users, such as Kwik Trip, and the residential area. He stated that this will not produce a traffic burden or a noise pollution issue in the area. Council Member Lakso commended the developer for catering their service to the most vulnerable people in the community which she thinks is beautiful. She stated that she does see that there is a need for this type of facility. She stated she will welcome this facility to the City, but noted that she assumed that this item will also be tabled tonight along with the others associated with this parcel. Council Member Koski stated that one thing that concerns him with these types of facilities is safety. He stated that he has concerns for someone who may be attempting to walk across the street without proper traffic control. He asked how this type of safety would be addressed through the design of the building and the property. He stated that at the Planning and Zoning Commission there was discussion about a trail into Willow Glen and assumes that would be addressed later on during Final Review. He asked about the staffing for the facility and what economic impact that may have on the community because he assumes that the staffing will be a fairly high skill level at this facility. Mr. Stradtman stated that the memory care wing will be secured and residents will not be able to come and go without being escorted. He stated that majority of the residents in the assisted living area will also not be outside just strolling around by themselves. He stated that there is an outdoor patio area that is separate for the memory care wing as well as for the assisted living. He stated that there will be a lot of oversight and residents will be with either a family member or a care giver. Staffing for this type of facility will have about 26 total employees with many being paraprofessionals who are trained to provide care to people a well as nursing staff and doctors that are on-call and will come to the facility frequently but will not always be on site. He stated that it does make sense to have a sidewalk loop around the facility which would be used by residents that are being escorted outside, but does not think there will be a need for a trail connection to neighborhoods or other areas in the vicinity. Administrator Statz stated that staff has also recommended that the other sidewalks and suggested connections be eliminated and only the sidewalk loop be included. Council Member Koski explained that he has heard stories of people walking away from this type of facility and causing a safety issue, so this is a big concern to him. He stated that he is also concerned about this being a bit of spot zoning, however this is still a commercial use, but wants the Council to be cognizant of that possibility. Mayor Love asked if there would be any extra added value with the clientele that will use this facility to be closer to a hospital. Page 17 of 26 City of Centerville Council Meeting Minutes April 28, 2021 Mr. Stradtman explained that it is not critically important. He stated that they will have people in a transitional situation that are recovery from surgery or things of that nature and they will transition from a hospital environment to this type of facility to continue their healing process. He stated that they are not concerned about the proximity to a hospital and are more concerned with what is the population demographic and demand for assisted living within the community. He stated that any suburban Twin Cities community will have a need for assisted living because the nursing homes and care facilities are full and reiterated that there is a need for this particular niche. Administrator Statz agreed that there is a need for this type of facility in the City. He stated that there is an address in town that has had 8 emergency service calls within the last 3 months for things such as the inability to get out of their chair, or get from their bed to the bathroom. He stated that he believes having a facility like this in the City may actually result in a net reduction of these types of calls for the police and fire departments. Motion by Council Member Lakso, seconded by Council Member Koski, to Approve Tabling the request by NorBella Senior Living for a Rezoning Request, Conditional Use Permit (Specialized Care Facility), and Site Plan Review. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. Mayor Love noted that Mr. George with Kwik Trip is no longer on the meeting so he will not open the floor for his presentation. He called for a brief recessed at 9:02 p.m. Mayor Love reconvened the Council Meeting at 9:10 p.m. 5. Belleville Landing Apartments a. Comprehensive Plan Amendment (Commercial to Residential) b. Rezoning (B-2 Main Street Commercial to R-3 High Density Residential) c. Site Plan Review Mr. Carlson stated that this request is for a project called Belleville Landing Apartments for a Land Use Plan amendment from Commercial to high-density residential and rezoning from B-2 to R-3, a Planned United Development by way of a Conditional Use Permit, as well as Site Plan Review for the 103-unit apartment building. He stated that this is proposed for Lot 2, Block 2 of the Rehbein plat. He reviewed the Land Use amendment request for high-density residential as compared to the current Land Use Plan. He stated that this site could be appropriate for high- density residential and, in his opinion, is a perfectly appropriate transition of land uses. He stated that a question to ask is whether this works as a commercial site because it is so far removed from Main Street and next to all the residential in Lino He reiterated that when this was rezoned, they kept the entire Rehbein parcel, which is 24-acres, as one designation and was all guided for commercial use. He stated that with a more nuanced look and with this proposal it is appropriate for this northern parcel to be used for high density residential. He noted that in the staff report there is information regarding an analysis of the housing in the City and reviewed some of the general information. He noted that this project gives the City the opportunity to provide a range of housing as outlined in the Comprehensive Plan. Administrator Statz stated that almost all of the 108 units in the City that are multi-family are at Chauncey Barrett, which is a senior facility. He stated that there is only a handful and perhaps Page 18 of 26 City of Centerville Council Meeting Minutes April 28, 2021 only one multi-plex unit in town which is the old Creamery site near the school that has 14 units. He stated that there is a need for rental/apartment style living in the City. Mr. Carlson stated that if the Council decides to re-guide this parcel, it is almost a foregone conclusion that it will be rezoned so it is consistent with the Land Use plan designation. If that is approved, then the project itself would be a Conditional Use Permit for a Planned Unit Development which allows the City to grant flexibility to the standards and the zoning. He stated that in this case, they are asking for flexibility with regard to the height of the building to be 48.5 feet rather than 35 feet. He stated that three story buildings over a level of parking is very standard and is an appropriate way to get the kind of unit count that you would like and efficiency within the building. He stated that he thinks the height of the building seems appropriate and common for this kind of facility. There are PUD standards in the code that basically say it is consistent with the Comprehensive Plan, harmonizes with its surroundings, and will not create a burden on parks, schools, or streets. The Site Plan review gets into the specifics and gave a brief overview of what was included in his staff report. He stated that staff is recommending approval of Land Use amendment and rezoning, should the Land Use amendment be approved, and for the CUP under the PUD with several conditions as outlined. Mayor Love asked if the developer would like to make a presentation to the Council. Mr. Harchanko of Apollo Development, presented an exhibit that gave a visual representation of the building height and how far away the existing homes are. He noted that they are also across two ponds and would not tower over the homes because the height of their building is essentially the same as the peak of the rooftops. He gave a brief overview of the development team and noted that they have been working in the hospitality field and have received numerous awards for their work. He noted that they have a great track record and are happy to provide references if the City would like. Their most recent project nearest to Centerville is the Running Aces Hotel. He explained that part of what they do is engage in qualified people to run the operation and have found Halverson and Blaser Group who have a great deal of experience in this field. He stated that as a general rule, they undersell themselves and over-deliver. He stated that these plans takes years to put together and have not been thrust upon the City in an unprepared or hasty manner. He stated that this is a market rate apartment and they intend to attract the highest and best clients and provide the amenities that will make this a top-notch facility. He stated that this is not a low- income project nor are they asking for any subsidies. He noted that if this was left as commercial zoning, he thinks it is highly likely that a user would be asking for tax abatement Mayor Love stated that there a few items that have been specifically pointed out by members of the public that he would like Mr. Harchanko to address. He asked him to speak about the materials that will be used because that came up and people had questions about EIFS which came up as part of the discussion at the Planning and Zoning Commission meeting. Mr. Harchanko explained that EIFS stands for Exterior Insulation Finish System and is the method of applying insulation, then a mesh, then a synthetic stucco. He stated that it looks like old fashioned stucco, but is easier to control and provides a more environmentally beneficial insulation barrier. He stated that it is more expensive than cement board siding and also provides a more monolithic water vapor barrier to help control potential mold and water infiltration issues. He stated that a comment was made that the cement board siding would be better and explained that Page 19 of 26 City of Centerville Council Meeting Minutes April 28, 2021 he agreed that it would be for them as well, just because it is more inexpensive. The design intent was to create a mixed material which is popular because it breaks up the surfaces. He stated that they are open to input from the City as to what would look good. An Apollo Development representative, stated that many of the concerns raised about EIFS is because their information is from the industry from 20-30 years ago. He explained that the product has changed over the last 30 years and noted that many of the issues that were associated with this product were from it being put in incorrectly. He stated that there has been more training into how to install it correctly and the process now really creates a substantially better and safer exterior material than the other products that are out there. He stated that it is more expensive but creates a better barrier to the weathering. Mayor Love stated that one of the other questions that he has seen frequently from the public is the question about the management company and the quality of their work as well as some of their on-line ratings. Mr. Harchanko stated that a representative from the management company was not in attendance at the meeting tonight, and would prefer to have them answer that line of questioning. Administrator Statz gave a brief overview of the appraiser. He noted that valuations of apartment buildings are based more on the income, so they looked at the rents and occupancy rates. The valuation came out to $16.5 million, tax class rate of 1.25% for a market rate apartment which means the total estimated taxes are $287,000, with the City portion being $105,000. He reviewed the difference between this proposal and a generic commercial building and noted that the estimated City portion would come out to $35,000. He reminded the Council that there were comments and thoughts regarding this proposal from the police chief included in the packet. He reviewed the analysis of the public safety costs that would be associated with this proposal and explained the formula that he had used to analyze the data. He stated that the increase in costs for public safety would be $24,000 and noted that this is a fairly et. He noted that he had also done an analysis by assuming that an apartment causes more police and fire calls than average and by doubling the rate he found the total cost to be $31,000. Council Member Mosher asked what the definition of a luxury apartment is versus a standard apartment. Mr. Harchanko explained that it is driven by the market which will change over time. He noted that they get some of the information from the management company because they have their finger on the pulse of the consumer. He stated that currently what is very popular in that price point has certain requirements such as solid surface countertops such as quartz, large, and numerous windows. He stated that carpet is not as desirable in this market, however there needs to be a balance because they have to deal with noise complaints if there is not carpet in heavily used areas. He stated that other desired features are fixtures, stainless steel appliances, 9-foot ceilings, upgraded kitchen cabinetry, tile backsplashes, and other amenities like community rooms, dog washing areas, and exercise rooms. s Planning and Zoning Commission meeting there Page 20 of 26 City of Centerville Council Meeting Minutes April 28, 2021 were issues raised about traffic and safety issues with coming across He stated that he was also concerned about the patio deck because of noise and light and asked how it will be buffered. A representative of Apollo Development stated that is on the south side of the building, farthest from the residential areas and is actually down a level on the roof on the third floor, so the building will actually block any noise to the north. He noted that there is probably 500-600 feet to the nearest house. Council Member King asked if the noise would then be heading towards the senior assisted living facility. A representative from Apollo Development stated that the senior living center is pushed to the east side and they are on the west and would guess that there are at least 250-300 feet to the assisted living facility, with one end being a bit closer than that. He stated that it will also be two stories above the assisted living facility. He stated that he would guess that most of the activity at the assisted living facility will take place inside the building and the residents will not spend vast amount of their time, especially late in the day, outdoors. Council Member King stated that his biggest concern for this facility is that he wanted it to be big and expensive, but there are no guarantees anywhere in the future that it will stay that way and not become a rent-controlled building. Council Member King asked if there could be some kind of an agreement that the rent would always stay high and assumes it will help that they will have all the amenities he listed like the exercise room, community room and dog wash area. He reiterated that his biggest concern is that he has no guarantee that in the future, he will leave something to the community that will cause big problems down the line. He stated that he ju Apartment. He stated that he does not like the set up especially with all of the other comments that the City has received about this. He stated that he has a responsibility to the citizens of Centerville first, but also to all the other people that are in the area. He reiterated that there are no guarantees and questioned what would happen if the building is sold or has government intervention down the road. He stated that he believes in home ownership and people having skin in the game. Mr. Jon Rausch, stated that he has sold about 4,000 apartment unit land over the last 2 years in Woodbury, Eden Prairie, as well as the west end. He stated that Council Member King is right that there are no guarantees beyond what can be foreseen at the moment, which is about a 20-year window and explained that this will in the City. He stated that the level of finishes and amenities will make this the best in the area and noted that this is the only has seen done in this area. Council Member King stated that he understands that but is concerned about somebody getting stuck with this in 20-30 years. He explained that he does not trust the government even though he is technically part of it. Mr. Rausch explained that he has been doing this kind of work for 23 years and what happened 20 Page 21 of 26 City of Centerville Council Meeting Minutes April 28, 2021 years ago has no bearing on what is going on today. Council Member King stated that he expecting there to be a housing bubble and other bubbles where people do not have to pay their rent which creates problems. He stated that there are a myriad of things that could happen. He stated that one of the reasons he wants more time is so he can hear from the Centerville citizens. He explained that of the people that e-mailed him, nobody gave him their phone numbers. He stated that he cannot easily e-mail them back and would prefer to just pick up the phone and call them back. He stated that he is part of the Economic Development Authority and wants to develop the City, but has to take into account his role as a Council Member, and also needs to listen to the people because that is what he was elected to do. Administrator Statz noted that a member of the public asked if Mr. Rausch could identify his relationship to the development. Mr. Rausch explained that he is a commercial real estate broker for Cushman and Wakefield and has worked with the Rehbeins for about 15 years. Council Member King stated that many times people say that even if Kwik Trip did not come to the City, he has to ask himself why did they were even were not attractive to them. He stated that he would like to get the development that the people in Centerville and Lino Lakes want which is country living and restaurants. He stated that he has served on the Council for a total of 8 years and nobody in that time has ever come to complain about their taxes, but people expect something in return and he has to assume that they like the school district and the other things. He stated that he is going to listen to the citizens as much as possible, and will not stab them in the back, but they need to understand that it may cost them. He stated that he believes this land is developable and apparently so does Kwik Trip because they know there is a lot of business to be captured on this side. He stated that as more houses get built, someone else will come and look at as well. He reiterated his request for the residents to give him their phone number so he can get back to them and asked people to contact him whether they are for or against these plans. Mr. Harchanko stated that Council Member King is correct that there are no guarantees for what the future may bring. He stated that from the de has no guarantee that the interest rates will not go higher and noted that material costs are already going higher. He stated that his fear is that 120 days from now this project may not be feasible if the interest rates have driven the cost of financing too high to make this unappealing. He stated that basically he does not even have a guarantee for 60 days from now and explained that there have been times where delays have caused projects to never happen. Council Member King stated that he understands the material costs issue, but interest rates, when the Country owes as much as it does he does not know how much the interest rates can go up unless the Country is goi Council Member Lakso stated that she feels like she has listened to everyone who has contacted her and unfortunately will not be able to vote in a way that will please everyone. She stated that she wanted to touch on some of the comments made that assume the type of people that live in Page 22 of 26 City of Centerville Council Meeting Minutes April 28, 2021 apartments because she does not feel it is a fair assumption or argument. She stated that if there , she does not have any assumption of what type of people will live there. She stated that they are people that want to live in Centerville and will be their neighbors. She asked that comments directed to her not talk about the type of people that usually take apartments down or compare to what they have been seen in other places. She stated that there have been good apartments in other places also. She stated that she rides the bus, which saved her a lot of money when she worked downtown St. Paul and not an amazing amenity for the community. She reiterated that hearing the comments and labeling people based on where they choose to live upsets her. Council Member Koski stated that the apartment portion of this proposal has been the one that has generated the most comments and concerns. He stated that he believes that this needs to be vetted which is another reason that he would like to have more time to look into this and allow for more public input. He stated that he would like this to be a three-way communication from the public, the businesses, and from the City point of view of what can and cannot be done. He stated that one of the concerns he has about an apartment in this proposal is the height with relation to fire protection as well as the potential for light pollution. The concept of a mixed use was appealing even though Mr. Harchanko had stated that retail in this environment would be tough. He asked how much they had considered mixed use and having retail located within the building because then it could generate more revenue and would not have to be as tall. He asked if Apollo Development had worked with Halverson and Blaser before and if so, he would like know what their experience has been. He stated that they had mentioned the Running Aces Hotel and asked for other examples of other buildings that they have worked on. He stated that he understands that they cannot guarantee anything, but when it comes to apartments, to him, there is a bit more of a risk that if a home owner were to stop making payments on their home it is only one house that is affected, but if this building goes into default, that is a much larger risk to the community. He thanked Administrator Statz for putting together the tax analysis information and stated that he would expect that the 103 units will house more than 200 people. He stated the analysis also makes an assumption that square foot/square foot, commercial pays more than residential which he wants to make sure is clear. He stated that they are making an assumption that there is not a way to get that large of a commercial building on this piece of property. He noted that as far as the commercial aspect of this, the Council has worked hard and their number one goal is commercial development and questions a decision to take commercial property and turn it over to residential. He stated that there has been a lot of time spent working on the Comprehensive Plan and even work with the EDA to help spur economic development. He stated that he understands that in some respects and apartment building can do that, but he also looks at the fact that it would be taking a piece of commercial property away which in some aspects goes against what they have been trying to do with the City goals. He stated that there have been a number of people that have gotten involved, especially from Lino Lakes, which he appreciates. He stated that they have gotten active and he believes that is what this process is all about in giving people the change to be heard. He stated that he knows that this is not easy and thanked them for getting out there. He stated that he serves on the Council in order to help people and to be part of shaping the community. He stated that he understands many of the people involved are from Lino Lakes, but he will not let a border or a street prevent him from hearing their concerns and letting them have some input in this process. He stated that he supports tabling this item in order to get more public input. Mr. Harchanko stated that they have been developing commercial projects for years and one thing Page 23 of 26 City of Centerville Council Meeting Minutes April 28, 2021 that is not talked about very often is how many local jobs they create. He stated that they have created hundreds of full-time ongoing jobs in addition to the thousands of jobs that are created for local subcontractors and vendors as well as service industry people where they take on their projects. He stated that they always open up the project to as many local people as possible and have found that to be an important part of relationship building within the community. He stated that he is more than happy to get together one on one with Council Member Koski to address his concerns. He noted that he does not have past experience working with Halverson Blaser, but they did vet a number of potential management companies before they were selected. He stated that he believes that they actually got the reference or recommendation about them from someone at the City. He stated that Halverson Blaser would be under contract and can be fired if they are not doing their job adequately. He explained that commercial/retail comes up on all of their projects and unfortunately, in this environment, a lot of that is driven by density, so you sort of get the bad with the good and in order to get the commercial stuff, you have to have a lot of people. He noted that in a previous career he was a corporate architect and developed about 350 restaurants, so he knows what it takes to crank out a high-volume commercial operation like that, which is very tough now in this market. He stated that he is happy to provide a resume of past projects if the Council would like to see those and reiterated his offer to meet with any interested Council Members one on one. Administrator Statz stated that there have been a few common themes raised in the public chat and asked if those could be addressed. He stated that there are questions about the market study and what will draw people to live in this apartment. Mr. Harchanko stated that they view the Park clientele. He stated that they want to get this building to be as Class A as possible and noted that the only thing they are planning to leave out is a spa because those are extremely expensive. He stated that they want to attract the kind of people that are working professionals and see that as a way to run into St. Paul for an event. He stated that he thinks this location also gets a new resident in the location they want to be in for the right school district as well as people who are downsizing. He stated that they see this as a gem of spot and the interest from institutional real estate professionals has been phenomenal. He noted that Centerville has a lot to offer such as the Park & Ride, great schools, etc. Discussion ensued regarding the market, COVID, etc. Discussion ensued regarding the height of the building as being three stories with an underground parking facility which really means 4-story. Administrator Statz stated that the City does have th another 3-story building in town south on Main Street on 20 Avenue. He stated that the proposed building meets height requirements within the code. Mayor Love stated that it is great to have developers who desire to develop in Centerville and he appreciated all of the input from residents and the community. There was discussion regarding regulations regarding affordability, maintenance, younger generation affordability, owner occupancy, standards of maintenance and pride in community. Motion by Council Member Koski, seconded by Council Member Lakso to Table all four (4) Items as Presented. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. Page 24 of 26 City of Centerville Council Meeting Minutes April 28, 2021 X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator Statz stated that his report was contained in the packet and that he would be happy to answer any questions that Council may have. He stated that if individuals needed assistance with rent, they should dial 211 along with landlords. He also stated that he is pleased with the amount of individuals who have registered for email blasts. He stated that the City has signed a Memorandum of Understanding for the development of Block 7 and that Concept Plans would be available at the Planning & Zoning Commission meeting on May 4, 2021. He also stated that the City is in need of farmers for the Main Street Market and that the Music in the Park program has been expended by several weeks. He reviewed with Council that the Fete des Lacs Committee continues to plan and ensure that the events and volunteers will be safe during the event(s). Council Reports a. Lakso - i. No report was given. ii. Centennial Fire Distri No report was given. iii. Council Member Lakso stated that the Council met and discussed budget totals for the upcoming. b. Council Member Koski stated that Music in Park has been a wonderful event and that he appreciated all individuals that participated in the organization of the event. He stated that he hoped that all interested would attend. He stated that he had attended the Centennial Fire District Awards Ceremony and desired to congratulate all folks that received promotions. He also desired to thank that that provide services on the front lines. Council Member Koski that all that participated in the Planning & Zoning Commission meeting. ii. Centennial Fire District Steering Committee that the Fire District recently purchased radios and their next meeting would be held on May 13, 2021. He stated that the Committee was looking at increasing pay for firefighters in an attempt to attract and retain firefighters. c. Council Member King reported that the EDA Banners look nice and that there was a new Anoka County Regional Economic Coordinator. He stated that she seemed nice and that she may be able to assist us in the future. d. Mosher at Kwik Trip may draw additional development in the future. i. Council Member Mosher stated that there was no meeting. Page 25 of 26 City of Centerville Council Meeting Minutes April 28, 2021 e. Love community who participated in recent meetings. He also that the Planning & Zoning Commission for their meetings. He stated that he had been visiting multiple cities in norther Minnesota recently. He stated that he anticipated a smooth transition ba in cablecasting meetings. XI. ADJOURNMENT Mayor Love recessed the Regularly Schedule Meeting of Council at 10:59 p.m. Respectfully submitted by City Clerk, Teresa Bender. Page 26 of 26 CITY OF CENTERVILLE CITY COUNCIL SPECIAL MEETING MAY 4, 2021 5:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their scheduled Special City Council Meeting on May 4, 2021 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 5:31 p.m. ROLL CALL* Not Approved PRESENT: Mayor D. Love Council Member Steve King Council Member Russ Koski Council Member Michelle Lakso Council Member Darrin Mosher ABSENT: None. STAFF: City Administrator Mark Statz City Attorney Kurt Glaser d 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 noted that he would like to divide Agenda Item #1 into Sections: A, B, and C in order to signify each of the three issues in front of the Council. Motion by Council Member Lakso, seconded by Council Member King, to Approve the Agenda as Amended. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS 1. None. V. PUBLIC HEARINGS 1. None. City of Centerville Council Meeting Minutes May 4, 2021 VI. APPROVAL OF THE MINUTES 1. None. VII. CONSENT AGENDA 1. None. VIII.OLD BUSINESS 1. Rehbein Commercial and Associated Develo Public Hearings Mayor Love stated that the first thing for the Council to consider is whether they would like to schedule additional public hearings for the Kwik Trip. Administrator Statz asked City Attorney Glaser to address the process for this project. He stated that since the public hearing at the Planning Commission on April 26, 2021 and the City Council meeting on April 28, 2021, there has been a lot of public comment. He stated that there were a few Council Members who were looking for ways to further that conversation. Attorney Glaser explained there is a formality once the City opens the public hearing process. He stated that once the process is opened, they have to follow through with the process. He clarified that once the public hearing process has begun, you cannot just informally, as a body, start taking new public comment. If the Council wants to take public comment, the Council can notice its own public hearing and take public comment that way. He explained that he wanted to ensure that this public input was not taken in a manner that was illegal. The only way for the Council to take new, formal, public comment would be to notice a public hearing. He stated that staff is looking for direction from the Council as to what they want and they will help them accomplish that legally. Administrator Statz asked him to touch on the balance between 1st Amendment rights and the ability for the public to speak to the Council and vice versa. Attorney Glaser stated that there is a big differe they are an individual office holder. The 1st Amendment is really clear, when you are an office holder, people get to talk to you. When you sit as procedures are required, so if the Council wanted to call another meeting and have the public start talking about how they feel about a land use application, and it is not a noticed public hearing, that is actually illegal. He stated that when they are at home or at their office and get an e-mail from st constituents, the Council can answer those back because that is their individual right of 1 Amendment free speech and freedom of association. Mayor Love asked about the public comment portion of the agenda and whether it would be viewed as a public hearing if they contacted staff and told them they would like to comment. Attorney Glaser stated that when the Council is sitting as a quasi-judicial body over some land use application, the Council is supposed to make their decision based on the appropriate public Page 2 of 6 City of Centerville Council Meeting Minutes May 4, 2021 hearing. There is also something called Open Forum where the Council does not have a lot of control over what people say as long as it is not an item on the agenda. He stated that if it was done on a systematic basis in order to get around having a public hearing it would not be correct. Council Member Koski stated that the Council got many e-mails on this topic and noted that his understanding of what Attorney Glaser just stated was that it is okay for them to reply to those one on one, but not engage in the public comment portion of it. Attorney Glaser stated that when the Council Members are one on one, they can say whatever they want. He stated that what staff was concerned about was that there was a plan at the next Council meeting to invite members of the public to come in and freely talk on the topic. He reiterated that the Council is supposed to make their decisions on a land use application based on what came through the public hearing process. Council Member Koski stated that much of what was stated was a repeat of what was stated in the public hearing. He stated that he was very cautious about replying to them so this information is very helpful. Council Member King asked questions about the information received in e-mails and how it can become part of the official record. Attorney Glaser explained that the system the City uses, does not allow for individual e-mails to be brought into the public hearing record. He stated that the City has, at times, taken comments in advance of the public hearing and then included them in the record. He stated that if the Council decided tonight that they wanted to have a new public hearing or take more public comment in the form of e-mails, they can do that, as long as they put that notice out to the public. He clarified that the e-mails that have come to the Council Members thus far, cannot be part of the public record. Council Member King asked if people could send those e-mails to City Hall and then have them recorded as part of the public record for the Council to use in their decision making process. Attorney Glaser stated that they could not do that at this time because the public hearing is closed, but the Council could decide, as a body, to reopen the public hearing and then accept any written communication that comes to the City. He stated there would also have to be notice given to the public by publishing it in the paper and posting it and clarified that, right now, the public record is closed. Council Member King stated that he thinks it may be a good idea to re-open the public hearing in order to get those comments included as part of the record. Mayor Love asked if Attorney Glaser was saying that all of the e-mails that the Council has told people to send to the info@centervillemn.org e-mail to become part of the public record, is not accurate because the Council has not re-opened the public hearing and properly noticed it. Attorney Glaser stated that he was not aware that people were being told that those e-mails would become part of the record, but stated that only e-mails that were taken during the public hearing Page 3 of 6 City of Centerville Council Meeting Minutes May 4, 2021 comment process will be made part of the record. He stated that none of the e-mails that people were told to send to the info e-mail address will actually be part of the record. Administrator Statz noted that for proper noticing to be met, the earliest date for the public hearing would be May 25, 2021. Council Member King asked if the City could, make a decision to accept e-mails into the public record and just post-date the e-mails that have already been received so they can be entered into the record. Attorney Glaser stated that if the City notices this as a new public hearing to occur on May 25, 2021 and determines that anything received within the City date, he believes could be done and included in the record. Administrator Statz clarified that they would not be able to make it part of the public record though until May 25, 2021. A. Kwik Trip Mayor Love suggested the Council decide whether they would like to re-open the public hearing process. Council Member Koski stated that he thinks he heard all the public input last week and the majority of the e-mails he received were things that were already shared at the public hearing. He stated that he is comfortable with the amount of public input they have gotten on all of these items. He stated that he had questions about the process and feels there needs to be an educational aspect of this because he thinks there has been a lot of miscommunication because people did not understand the process. He stated that if people were educated about the actual process he does not think there would have been such emotional responses as there was in this situation. He stated that this property is zoned for a gas station and if people did not like that or want that, they should have spoken up previously when the City created the B-2 Zoning District. He stated that people need to understand that legally, the City cannot do a whole lot about it because it is allowed. Council Member King stated that he would like to get public input in order for the e-mails to be included as the public record. He stated that he agrees with Council Member Koski that there needs to be more discussion and education about how these things are done. Council Member Lakso stated that she would like to re-open the public hearing option as a way to bring the written comments into the public record. She stated that she would like to add to the educational piece information about the Ordinance because that is a key piece in this situation for what can be permitted and is the backbone of the whole thing. Council Member Mosher stated that he thinks the Council has enough information on the Kwik Trip issue. He stated that one of the things that has been confusing is that Council is considering not Kwik Trip/Retail Fuel Sales is an allowable use for the zoned parcel. Page 4 of 6 City of Centerville Council Meeting Minutes May 4, 2021 Administrator Statz stated that is an important distinction and noted that there was not a public hearing on the Kwik Trip site and explained that the hearing was on the CUP for the car wash. He asked Attorney Glaser if that information muddied the water. Attorney Glaser noted that there is not a land use decision to be made on whether or not to allow a gas station. It exists in that zone and therefore the landowner has the automatic right to do it and the City cannot stop it. The question over the CUP for the car wash is separate and is subject to a public hearing process, so if the Council wanted to take in more information on that specific question, about the car wash, they would have to notice a public hearing. Council Member Mosher stated that he feels the Council has sufficient input on the car wash issue for Kwik Trip. Mayor Love stated that the City does not have power to vote down the Kwik Trip because they fit in the zoning district of the parcel and the only thing the Council will be voting on is if the City wants to update/correct a previous error in the code which allows car washes that may be attached to a gas station. Motion by Council Member Lakso, seconded by Council Member Koski, to re-open the public hearings to accept public comment (verbal or written comment) regarding an Amendment to the City Code Regarding Car Wash and Conditional Use Permit for Kwik Trip. A roll-call vote was taken. Council Members King, Koski, Lakso & Mosher voted in favor. Mayor Love voted against. Motion carried 4-1. B. Senior Living Memory Care Mayor Love asked if the Council would like to re-open the public hearing for this item. Council Member Koski stated that if the public hearing needs to be re-opened in order to get the written comments included in the record, then he would support re-opening the public hearing. Motion by Council Member Lakso, seconded by Council Member King, to re-open the public hearings on the Re-Zoning and the Conditional Use Permit for the NorBella Senior Living Memory Care and accept public comment in written form. A roll- call vote was taken. Council Members King, Koski, Lakso & Mosher voted in favor. Mayor Love voted against. Motion carried 4-1. C. Mayor Love asked if the Council would like to re-open the public hearing on the apartment complex. The Council reiterated their opinions on re-opening the public hearing. Motion by Council Member King, seconded by Council Member Lakso, to re-open the public hearing on the apartment building with the date to be determined. A roll-call vote was Page 5 of 6 City of Centerville Council Meeting Minutes May 4, 2021 taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. 2. Consideration of Agenda Items for May 12, 2021 City Council Meeting Mayor Love stated that he believes this has been determined based on the discussion and actions just taken by the Council. Administrator Statz suggested having a motion to hold a public hearing on May 26, 2021 at 5:00 p.m. prior to the regular City Council meeting. He stated that he will need to know if the Council would like those items on the agenda at the regular meeting that same night. He stated that time is of the essence for both the develo Mayor Love suggested that they be included on the agenda that night because the Council can always table them until the first meeting in June, if necessary. Motion by Council Member Lakso, seconded by Council Member Koski, to set the public hearings for 5:00 p.m. on Wednesday, May 26, 2021 for all pending zoning applications related to Rehbein Commercial and Ordinance amendment. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. Council Member Koski stated that if it is at all possible he would prefer to hold the public hearing in person rather than through Zoom. Administrator Statz discussed possible options for holding the public hearings in person. There was consensus to hold the public hearings via Zoom. IX. NEW BUSINESS 1. None X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator/Engineer Report Administrator Statz noted that the Planning and Zoning Commission meeting was set to begin, so he will give his report at a future time. XI. ADJOURNMENT Mayor Love adjourned the Special Meeting of City Council at 6:30 p.m. Respectfully submitted by City Clerk, Teresa Bender. Page 6 of 6 07/23/21 11:50 AM CITY OF CENTERVILLE Page 1 Check Detail - July 28, 2021 Check DateCheck #Vender NameCommentsAmount 17/23/2021001737EIRS/EFTPSFED W/H - PAY PERIOD 15$2,865.39 17/23/2021001737EIRS/EFTPSFICA/MED W/H - PAY PERIOD 15$4,273.38 Check Nbr 001737 IRS/EFTPS$7,138.77 17/23/2021001738EMINNESOTA DEPT OF REVENUESTATE W/H - PAY PERIOD 15$1,184.96 Check Nbr 001738 MINNESOTA DEPT OF REVENUE$1,184.96 17/23/2021001739EOPTUM BANK - H.S.A.H.S.A. W/H - PAY PERIOD 15$1,296.33 Check Nbr 001739 OPTUM BANK - H.S.A.$1,296.33 17/23/2021001740EPERAPERA W/H - PAY PERIOD 15$3,593.08 Check Nbr 001740 PERA$3,593.08 17/22/2021001741ETASCF.S.A W/H$114.58 Check Nbr 001741 TASC$114.58 17/22/2021001742EPSNPSN CHARGES - MISC - THRU 6-30-21$21.14 17/22/2021001742EPSNPSN CHARGES - PERMITS & FEES - THRU 6-30-21$196.79 17/22/2021001742EPSNPSN CHARGES - UTILITIES - THRU 6-30-21$174.27 17/22/2021001742EPSNPSN CHARGES - UTILITIES - THRU 6-30-21$174.27 Check Nbr 001742 PSN$566.47 17/28/2021033913 3M CLOWN CLUBPAYMENT FOR FETE DES LACS PARADE - 7-17-21$75.00 Check Nbr 033913 3M CLOWN CLUB$75.00 17/28/2021033914 AFLACJULY BILLING 2021$251.60 Check Nbr 033914 AFLAC$251.60 17/28/2021033915 AMERITASVISION CARE - AUGUST 2021$6.12 Check Nbr 033915 AMERITAS$6.12 17/28/2021033916 ANOKA COUNTY TREASURYAUGUST 2021 BROADBAND$37.50 17/28/2021033916 ANOKA COUNTY TREASURYAUGUST 2021 BROADBAND$37.50 17/28/2021033916 ANOKA COUNTY TREASURYAUGUST 2021 BROADBAND$37.50 Check Nbr 033916 ANOKA COUNTY TREASURY$112.50 17/28/2021033917 BRANCH, PATRICKREIMBURSE FOR WATER FOR 8K RUN$83.15 Check Nbr 033917 BRANCH, PATRICK$83.15 17/28/2021033918 CANON FINANCIAL SERVICES INC.CONTRACTED SERVICES THRU 7-31-21$33.13 Check Nbr 033918 CANON FINANCIAL SERVICES INC.$33.13 17/28/2021033919 CENTERPOINT ENERGY6970 LAMOTTE DR - SERV THRU 6-28-21$9.57 17/28/2021033919 CENTERPOINT ENERGY1880 MAIN ST - SERV THRU 6-28-21$9.57 17/28/2021033919 CENTERPOINT ENERGY1785 PELTIER LAKE DR - SERV THRU 6-28-21$9.56 17/28/2021033919 CENTERPOINT ENERGY2085 W CEDAR ST - SERV THRU 6-28-21$9.57 Check Nbr 033919 CENTERPOINT ENERGY$38.27 17/28/2021033920 CHAPEAU, DENISESASSIE THE CLOWN APPEARANCE - MAIN STREET MARKET$120.00 Check Nbr 033920 CHAPEAU, DENISE$120.00 17/28/2021033921 CLOSING HUB1972 ROBIN LANE N - REFUND OVER PD UT BILL$130.60 Check Nbr 033921 CLOSING HUB$130.60 17/28/2021033922 COVE BUILDERS, LLC20-066 - 7212 LAVALLE DR - ESCROW RELEASE$5,000.00 Check Nbr 033922 COVE BUILDERS, LLC$5,000.00 17/28/2021033923 DELTA DENTALDENTAL INS - SERV THRU 8-31-21$232.95 Check Nbr 033923 DELTA DENTAL$232.95 17/28/2021033924 FRONTRUNNER EVENTSSCREEN PRINTING JERZEES T-SHIRTS - VOLUNTEER$208.00 17/28/2021033924 FRONTRUNNER EVENTSSCREEN PRINTING T-SHIRTS FOR 8K RUN$1,051.50 Check Nbr 033924 FRONTRUNNER EVENTS$1,259.50 17/28/2021033925 HPA US1, LLC.REFUND OVER PYMT ON RENTAL APP - 6878 DEER CT$55.00 Check Nbr 033925 HPA US1, LLC.$55.00 17/28/2021033926 IIMCK. SWEENEY MEMBERSHIP DUES$115.00 Check Nbr 033926 IIMC$115.00 07/23/21 11:50 AM CITY OF CENTERVILLE Page 2 Check Detail - July 28, 2021 Check DateCheck #Vender NameCommentsAmount 17/28/2021033927 LINCOLN NATIONAL LIFE INSURANCAUGUST 2021 LONG TERM DISABILITY INS$318.93 Check Nbr 033927 LINCOLN NATIONAL LIFE INSURANC$318.93 17/28/2021033928 MARCO, INC.STANDARD PAYMENT$202.42 Check Nbr 033928 MARCO, INC.$202.42 17/28/2021033929 MINNESOTA TIMBERWOLVES7-17-21 CRUNCH & CREW FOR FETE DES LACS PARADE$828.56 Check Nbr 033929 MINNESOTA TIMBERWOLVES$828.56 17/28/2021033930 PHERNETTON, KYLEFINDER OF MEDALLION AT FETE DES LACS 2021$500.00 Check Nbr 033930 PHERNETTON, KYLE$500.00 17/28/2021033931 PODS ENTERPRISES, LLCFINAL PAYMENT FOR POD AT CITY HALL$95.00 Check Nbr 033931 PODS ENTERPRISES, LLC$95.00 17/28/2021033932 PRESS PUBLICATIONSHEARING - 1313 MOUND TRAIL$76.80 17/28/2021033932 PRESS PUBLICATIONSHEARING - 7421 MAIN STREET$128.00 17/28/2021033932 PRESS PUBLICATIONSHEARING - SUTTON TRANSPORT$128.00 Check Nbr 033932 PRESS PUBLICATIONS$332.80 17/28/2021033933 Q3 CONTRACTINGTRAFFIC CONTROL SIGN/BARRICADES$600.00 Check Nbr 033933 Q3 CONTRACTING$600.00 17/28/2021033934 RANDYS ENVIRONMENTAL SERVICESCLEAN UP DAY - LAURIE LAMOTE PARK - SHREDDING$975.00 Check Nbr 033934 RANDYS ENVIRONMENTAL SERVICES$975.00 17/28/2021033935 SELLE, CONNIEREFUND DEPOSIT - MAIN STREET MARKET$120.00 Check Nbr 033935 SELLE, CONNIE$120.00 17/28/2021033936 SHARPER COMMUNITIES, LLC.D18-001 -7357-20TH AVE - ESCROW RELEASE FOR DEMO PER$2,000.00 Check Nbr 033936 SHARPER COMMUNITIES, LLC.$2,000.00 17/28/2021033937 ST. PAUL CLOWN CLUB2021 FETE DES LACS PARADE - CLOWN CLUB$250.00 Check Nbr 033937 ST. PAUL CLOWN CLUB$250.00 17/28/2021033938 STANTEC CONSULTING SERVICES INGENERAL - SERV THRU 7-2-21$160.00 17/28/2021033938 STANTEC CONSULTING SERVICES INOLD MILL ESTATES PHASE 1 - SERV THRU 7-2-21$471.30 17/28/2021033938 STANTEC CONSULTING SERVICES INOLD MILL ESTATES PHASE 2 - SERV THRU 7-2-21$131.00 17/28/2021033938 STANTEC CONSULTING SERVICES INBELLEVILLE APT - SERV THRU 7-2-21$270.00 17/28/2021033938 STANTEC CONSULTING SERVICES INCENTERVILLE ELEMENTARY UTILITY INSP - SERV THRU 7-2-2$4,711.58 17/28/2021033938 STANTEC CONSULTING SERVICES IN2019 DT STREET & UTILITY IMPRV - SERV THRU 7-2-21$85.10 17/28/2021033938 STANTEC CONSULTING SERVICES IN2019 DT STREET & UTILITY IMPRV - SERV THRU 7-2-21$63.82 17/28/2021033938 STANTEC CONSULTING SERVICES IN2019 DT STREET & UTILITY IMPRV - SERV THRU 7-2-21$276.56 17/28/2021033938 STANTEC CONSULTING SERVICES INLAMOTTE PARK IRRIGATION EXPANSION - SERV THRU 7-2-21$163.25 Check Nbr 033938 STANTEC CONSULTING SERVICES IN$6,332.61 17/28/2021033939 SUN LIFE INSURANCE COMPANYAUGUST 2021 LIFE INSURANCE$99.39 17/28/2021033939 SUN LIFE INSURANCE COMPANYAUGUST 2021 SHORT TERM DISABILITY INSURANCE$151.78 Check Nbr 033939 SUN LIFE INSURANCE COMPANY$251.17 17/28/2021033940 TIMESAVER OFF SITE SECRETARIALP & Z MEETING MINUTES$820.00 Check Nbr 033940 TIMESAVER OFF SITE SECRETARIAL$820.00 17/28/2021033941 UNITED MARCHING BAND2021 FETE DES LACS PARADE - MARCHING BAND$500.00 Check Nbr 033941 UNITED MARCHING BAND$500.00 17/28/2021033942 VERIZONCELL PHONE & TABLET SERVICE THRU 7-9-21$59.95 17/28/2021033942 VERIZONCELL PHONE & TABLET SERVICE THRU 7-9-21$59.95 17/28/2021033942 VERIZONCELL PHONE & TABLET SERVICE THRU 7-9-21$59.95 17/28/2021033942 VERIZONCELL PHONE & TABLET SERVICE THRU 7-9-21$119.88 Check Nbr 033942 VERIZON$299.73 17/28/2021033943 XCEL ENERGY1745 MAIN ST - SERV THRU 7-5-21$19.78 17/28/2021033943 XCEL ENERGY1682 MAIN ST - SERV THRU 7-5-21$108.60 17/28/2021033943 XCEL ENERGY7285 MAIN ST - SERV THRU 7-5-21$61.44 17/28/2021033943 XCEL ENERGY1600 LAMOTTE DR - SERV THRU 7-4-21$188.33 17/28/2021033943 XCEL ENERGY1889 CENTER ST - SEWER LIFT - SERV THRU 7-7-21$30.84 07/23/21 11:50 AM CITY OF CENTERVILLE Page 3 Check Detail - July 28, 2021 Check DateCheck #Vender NameCommentsAmount 17/28/2021033943 XCEL ENERGY7300 MILL RD - SERV THRU 7-8-21$157.74 17/28/2021033943 XCEL ENERGY1600 LAMOTTE DR - WARMING HOUSE - SERV THRU 7-5-21$17.70 17/28/2021033943 XCEL ENERGY1875 FOX RUN -PUMP - SERV THRU 7-4-21$190.48 17/28/2021033943 XCEL ENERGYSTREETS - SERV THRU 7-6-21$2,195.12 17/28/2021033943 XCEL ENERGY1880 MAIN ST - SERV THRU 7-6-21$2,625.94 17/28/2021033943 XCEL ENERGY1880 MAIN ST - CITY HALL/FIRE STAT - SERV THRU 7-6-21$733.38 Check Nbr 033943 XCEL ENERGY$6,329.35 17/28/2021033944 Z SYSTEMS, INC.VID CONF INTEGRATION Q2$1,355.21 Check Nbr 033944 Z SYSTEMS, INC.$1,355.21 $43,517.79 CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1 Check Issue Dates: 7/16/2021 - 7/22/2021Jul 22, 2021 09:03AM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1392807/22/2021AMAZON180.43 1392907/22/2021ASPEN MILLS, INC1,078.85 1393007/22/2021CONSOLIDATED COMMUNICATIONS401.17 1393107/22/2021DEAN'S REPAIR & RESTORATIONS157.40 1393207/22/2021ELK RIVER WINLECTRIC CO60.00 1393307/22/2021GARY L FISCHLER & ASSOCIATES, PA650.00 1393407/22/2021MIDWAY FORD INC33,214.14 1393507/22/2021MOBILE VEHICLE INTEGRATION LLC6,778.00 1393607/22/2021OCCUPATIONAL HEALTH CENTERS442.00 1393707/22/2021O'REILLY AUTOMOTIVE, INC24.96 1393807/22/2021TWIN CITIES TRANSPORT & RECOVERY INC600.00 202103807/22/2021OPTUM18.75 Grand Totals: 43,605.70 M = Manual Check, V = Void Check CENTENNIAL LAKES POLICE DEPTCheck Register - POLICEPage: 1 Check Issue Dates: 7/10/2021 - 7/15/2021Jul 16, 2021 03:13PM Report Criteria: Report type: Summary Check NumberCheck Issue DatePayeeAmount 1391607/15/2021CENTENNIAL UTILITIES828.13 1391707/15/2021CENTURY LINK124.98 1391807/15/2021CONNEXUS ENERGY2,054.04 1391907/15/2021DEAN'S REPAIR & RESTORATIONS535.03 1392007/15/2021DON'S CIRCLE SERVICE404.00 1392107/15/2021HOLIDAY STATIONSTORES, LLC242.00 1392207/15/2021KNOWLAN'S SUPER MARKETS9.54 1392307/15/2021METRO SALES, INC54.32 1392407/15/2021OFFICE OF MN IT SERVICES40.60 1392507/15/2021POPP COMUNICATIONS68.90 1392607/15/2021QUILL LLC47.98 1392707/15/2021STOPSTICK, LTD444.00 202103507/15/2021DEARBORN NATIONAL1,641.30 202103607/15/2021HEALTH PARTNERS10,542.03 202103707/15/2021WEX BANK3,813.24 Grand Totals: 20,850.09 Payroll Check #13914-13915 M = Manual Check, V = Void Check CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: July 28, 2021 Public Works VII.5 TITLE OF ISSUE: Catch Basin Repairs BACKGROUND AND SUPPLEMENTAL INFORMATION: A number of catch basins on city streets are in need of repair. The public works department has solicited quotes. COST AND SOURCE(S) OF FUNDING: $7,850 REQUESTED COUNCIL ACTION: Motion to authorize execution of a contract with CW Houle for the repair work in the attached quote. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Quotes Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: July 28, 2021 Public Works VII.6 TITLE OF ISSUE: Lawn Mowing Service BACKGROUND AND SUPPLEMENTAL INFORMATION: The city requested quotes for lawn mowing service from 12 local vendors and received 4 quotes. RJ's Property Maintenance Company is our current vendor and they provided the lowest quote for the 2022-2024 growing season, with only a modest increase over our current rates. Staff recommends that the Council approve the quote from RJs Property maintenance for lawn services during 2022-2024. COST AND SOURCE(S) OF FUNDING: $1,667.00 weekly or $43,342.00 for 26 week season. Budgeted expense from General Fund (Parks Maint.) REQUESTED COUNCIL ACTION: Motion to authorize execution of a contract with RJ's Property Maintenance for the 2022-2024 lawn service at the quoted price. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Quotes Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: July 28, 2021 Administration VII.7 TITLE OF ISSUE: Transfer from EDA to General Fund BACKGROUND AND SUPPLEMENTAL INFORMATION: When the EDA bank account was established staff used $1,000 from the General Fund to open the account. When we ran the first checks for the EDA they amounts were deducted from the city account. When staff made the actual transfer of the balance from the General Fund to the EDA, the original $1,000 was not taken into account. Therefore, we have $948.21 that needs to be transferred back to the General Fund. Our auditors at Abdo, Eick & Meyers recommended that we seek Council approval for these actions. COST AND SOURCE(S) OF FUNDING: General Fund REQUESTED COUNCIL ACTION: Staff recommends that the City Council adopt a motion to approve the transfer of $948.21 from Fund 201 EDA to Fund 101 General Fund to properly record the amount of cash in each fund. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ Other (specify)____________ _____ _____ Love _____ _____ Paar _______________________________________________________________ _____ _____ Koski _____ _____ Montain _______________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: July 28, 2021 Administration X.1 TITLE OF ISSUE: Block 7 Purchase Agreement BACKGROUND AND SUPPLEMENTAL INFORMATION: Our attorneys have been meeting to discuss the various points of the purchase agreement for Block 7 and at the last City Council meeting, a few concerns were reviewed during a closed session. Attached is an email outlining the developer's proposed solutions to those concerns. If the Council finds these solutions appropriate, we would have the attorney's bring back formal, final language and request the approval of a Purchase Agreement. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED COUNCIL ACTION: Motion to authorize the City Attorney to draft final language for a purchase agreement with Centra Homes, based on the proposed conditions, as attached. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Email Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ From:Carla Dunham To:Mark Statz Cc:David Pattberg Subject:Block 7 - PA Deal points - prep for 7/28 meeting Date:Thursday, July 22, 2021 1:55:28 PM Caution: This email originated outside our organization; please use caution. Hi Mark, We sincerely apologize we could not get back to you faster. In response to our discussion and our understanding of the concerns the Council has, please see below our proposal regarding how we can work together to alleviate those concerns. Unfortunately the concepts currently proposed by Council are not viable and would render us unable to finance the project. We do want to be transparent that in our negotiations to date, we have far exceeded our typical legal costs that we expect in transactions of this kind, so in an effort to control our budget we have not vetted these concepts yet with our lawyer. However, we view these issues as business points and want to confirm we're on a good track and getting at the root of the City's concerns first before we involve counsel. Issue #1 – 2 Phased Project and Right of Reverter Feedback received: The Council was in favor of a two phase project with conditions. The primary condition was to split Block 7 into separate parcels for each phase of the development. If the development went into default between the phases, the second phase could revert back to the City. Our Counter-Proposal: Phasing: To be clear, our intent has been and remains to plat the entire project in one plat. When we speak of "phasing" we are referring to the build order and would start with one building, then the next, etc starting at the Corner of Centerville road and finishing out buildings on Centerville first before moving to interior buildings. We would move from one building to the next as quickly as possible - in our process for attached TH product we typically move sequentially through each building. Right of Reverter: we can agree to Right of Reverter language and have done so in the past. Considering what a lender will accept based on our experience, we propose that the Right of Reverter remains in place until Centra Homes completes the upfront infrastructure improvements necessary* to allow for future building COs: Mass grading Utility svc installation: pipework - Sanitary, Sewer, Water Private street and public trail install, through 1st lift of asphalt *This protection is on top of the standard LOC that will be in place to cover the full scope of developer improvements that will be detailed out in the development agreement. Some improvements will need to be installed after buildings are vertical in order to protect the improvements during home construction (ex - landscaping). Issue #2 – Force majeure clause Feedback received: Council is concerned about open-ended force majeure conditions, and proposed capping the period of delay at 24-months. We agree to cap at 24 months. Issue #3 – Homeowners’ HOA cost burden in the event of a Developer default after phase 1 construction. Feedback received: LOC for a period of 10 years to protect early buyers from carrying an unproportionate cost of community maintenance, in the event Centra does not complete all buildings. Our Counter-Proposal: Centra Homes will pre-fund the HOA with a cash reserve that will be available as a cushion to homeowners IF Centra Homes does not complete the project. The amount pre-funded will be:$60,000 This amount reflects the max estimated cost that homeowners may need to maintain or replace/repair common areas and infrastructure that is not incremental/unit, for a period of 4 years: $15,000/year * 4 years = $60,000 Snow Removal - Private Street & Trail Lawn Care / Landscaping / Irrigation - common area Reserve Fund Share After each unit closes, the HOA will refund Centra Homes in the amount of $2,307.69/unit ($60,000 / 26 units) until all 26 units are sold Mark - let us know how you want to proceed in working towards resolution on these points. Are these items you wish us to speak to and negotiate directly with the Council in the closed session on the 28th? Sincerely, CARLA DUNHAM Land Acquisition & Development Manager CENTRA HOMES LLC Phone:763.360.6720 Email:carla.dunham@centrahomes.com Website: www.centrahomes.com Address:11460 ROBINSON DR NW MINNEAPOLIS, MN 55433 G87>HH8 G87>HH8 !/-01+ "#$ 5953'9:'5; "!,' *-./-01+2#345678"!,' )0..9*/-012#:/56781&1<92 $#=>?>=@AB5= $#>A?C5AB5= #$,' )0..9*/-012;/5678#!=4@87AB5= %&'(&)*+ "12!&3456738&96 '()* ! "!,'*-./-01+2#"45678"!,')0..9*/-01+2345678#$,')0..9*/-01+2G456781&1<92"G45678%&F<%<F*+1<99+2<I%&-+1<99+21&1<92;"87>HH8 K"# D*-1*%E099*%&<. "G45678J$K "! !"! ! "! !"! !#$ ! 22!>?$ ! "!$ !<= ! ! " !"#$"!% &#% '( +&%*9+1%**1 ": (*%01<F*+1%**1 " "! ! :# : ": #$ !"! ! "! ! G ! "$ ! "! ! .+/0" ! !, :G 3 @ " 1< )*++,- ÃÄ À ÁÀÂ À A CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: July 28, 2021 Administration TITLE OF ISSUE: Audit Contract Extension BACKGROUND AND SUPPLEMENTAL INFORMATION: Our three year contract with Abdo, Eick & Meyers is now complete. Staff has contacted them for an additional three year extension because we have been highly satisfied with their services. They have presented the attached proposal which contains very reasonable financial terms. The first year is at no increase from current rates and only modest increases in the two additional years. COST AND SOURCE(S) OF FUNDING: General Fund and enterprise fund budgets REQUESTED COUNCIL ACTION: Staff recommends that the City Council adopt a motion to approve the contract with Abdo, Eick & Meyers for audit services for fiscal years 2021, 2022, and 2023 as presented. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Y Vote Record: Aye Nay _____ Other (specify)____________ _____ _____ Love _____ _____ Paar _______________________________________________________________ _____ _____ Koski _____ _____ Montain _______________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular 5 Other: ___________________________________ July 12, 2021 Honorable Mayor and Council City of Centerville Centerville, Minnesota The following sets forth the engagement of our services for the certified audit of the City ofCenterville, Minnesota (the City). We will audit the financial statements of the City for the years endingDecember 31, 2021,2022and2023 in accordance with auditing standards generally accepted in the United States of America. Our audit will include tests of the accounting records and other procedures we consider necessary to enable us to express an opinion that the financial statements are fairly presented, in all material respects, in conformity with the financial reporting provisions of the Minnesota Office of the State Auditor. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgmentabout the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. Because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that a material misstatement may exist and not be detected by us. In addition, an audit is not designed to detect errors, fraud, or other illegal acts that are immaterial to the financial statements. However, we will inform you of any material errors and any fraud that comes to our attention. We will also inform you of any other illegal acts that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods of which we are not engaged as auditors. We will perform the auditing services discussed above for the calendar years2021,2022and2023. YearCity Audit 2021$32,300 202233,000 202333,700 The above fees are based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Our fee does not include additional audit services related to requirements of a single audit if one would be required. Nor does it include fees for additional time require for implementation of additional governmental accounting standards.Those fees would be discussed and agreed to prior to performing the services. Our fee includes the city audit, the required managementcommunication letter,the AuditorsReport on Minnesota Legal Compliance,theauditor presentation to the Council, and general consulting related to the audit. City of Centerville, Minnesota July 12, 2021 Page 2 We appreciate the opportunity to continue service with the Cityand believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as describedin this letter, please sign and return a copy to our office. If you have any questions, please contact Brad Falteysekat 952-715-3004. Very truly yours, ABDO, EICK & MEYERS, LLP Certified Public Accountants & Consultants Brad Falteysek, CPA Governmental Services Partner RESPONSE: This letter correctly sets forth the understanding of the City ofCenterville, Minnesota. Signature: Mayor Date: Signature CityAdministrator Date: CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: July 28, 2021 Planning XI.2 TITLE OF ISSUE: Preliminary Plat - Peterson Shores BACKGROUND AND SUPPLEMENTAL INFORMATION: At their July 13, 2021 meeting, the Planning and Zoning Commission held a public hearing and reviewed a Preliminary Plat known as Peterson Shores. The platted land is the parcel on which the current home at 7241 sits. The plat, takes this one parcel and splits it into two, fully conforming lots in the R-2 district, for which the property is currently zoned. See attached staff memo for more detail. The P&Z Commission voted unanimously to recommend approval of the Preliminary Plat conditioned on staff comments being addressed. The Preliminary Plat in this packet has been revised to show only the property owned by the applicant, addressing the comments of the City Engineer. COST AND SOURCE(S) OF FUNDING: No cost to city. Development will pay SAC/WAC/Stormwater and Park Fees as appropriate. REQUESTED COUNCIL ACTION: Motion to approve the Preliminary Plat for Peterson Shores contingent upon addressing the comments of all city staff and departments. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ x Vote Record: Aye Nay _____ _____ Application, Staff Memo Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ Memorandum Date: July 8, 2021 To: Planning and Zoning Commission ity Administrator/Engineer Item: Peterson Shores Preliminary Plat Review The city is in receipt of a Preliminary Peterson) for a proposed subdivision to be known as Peterson Shores. The proposal splits the existing parcel at 7241 Main Street into two (2) conforming parcels within the existing zoning district of R2 Low Density Residential. The proposed lots meet the minimum setbacks, lot size, lot width and provide the required easements. A few items for the applicant to address are: The proposed plat seems to include property which is owned by the St. Paul Regional Water Services. A plat may not include property which is not owned by the applicant. If the property along the lake is, indeed, not owned by the applicant, the revised plat will need to again, meet minimum setbacks and lot size requirements. The building pads of each lot may not encroach on the Sanitary Sewer easement as shown on the plat (this is properly shown on the drawings; this comment is just for emphasis). A permit from Anoka County for the additional driveway will be required. The new driveways shall not impact the regionaes or cross slope. The city understands that the existing buildings will be demolished and no rights to existing non-conformities will be retained. The plat will be subject to Park Dedication Fees for the one additional lot created. The plat will be subject to Sewer, Water and Stormwater connection fees as Attachments: Preliminary Plat Drawings cc: None CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: July 28, 2021 Planning XI.3 TITLE OF ISSUE: Preliminary Plat - Rehbein Industrial - Sutton Transportation BACKGROUND AND SUPPLEMENTAL INFORMATION: At their July 13, 2021 meeting, the Planning and Zoning Commission held a public hearing and reviewed a Preliminary Plat known as Rehbein Industrial. The application plats a single parcel, into one single parcel, with the dedication of right-of-way for both 21st Ave. and Fairview Street. The plat is being completed to accommodate the development of a warehousing/cross-dock facility for Sutton Transport. See attached staff memo for more detail. The P&Z Commission voted unanimously to recommend approval of the Preliminary Plat conditioned on staff comments being addressed. COST AND SOURCE(S) OF FUNDING: No cost to city. Development will pay SAC/WAC/Stormwater and Park Fees as appropriate. REQUESTED COUNCIL ACTION: Motion to approve the Preliminary Plat for Rehbein Commercial, contingent upon addressing the comments of all city staff and departments. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ x Vote Record: Aye Nay _____ _____ Application, Staff Memo Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ {ǒƷƷƚƓ ƩğƓƭƦƚƩƷ bğƩƩğƷźǝĻ May 24, 2021 th Sutton Transport, Inc. was founded on November 19, 1979 and is a privately-held LTL regional common carrier based in Weston, WI, whose focus is in interstate and intrastate transportation of general commodities. Sutton prides itself with superior service with a personal touch. Sutton Transport specializes in the following services: LTL Trucking Local Cartage Full Truckloads Lift Gate Delivery Service Same Day Delivery Service Nationwide Expedited Service Their fleet consists of a combination of over 200 tractors and 350 trailers and an employer to nearly 500 people. Currently Sutton Transport operates seven terminals throughout Wisconsin, Illinois and Minnesota. s current facility in Maple Grove is inadequate for their planned growth. The Facility in Clearwater Creek Business Park will be a step to aid in expanding their business in Minnesota. Sutton Transport intends to purchase approximately 15 Acres of vacant land in the Clearwater Business Park and construct a new cross-dock truck terminal industrial warehouse facility. The facility would initially employ approximately 30 drivers and 8 office staff for dispatch and coordination requirements and 8 warehouse personnel to load and unload trucks. We would hope to grow the number of jobs by 10-20% annually in the next five years. The building area contemplated for Phase 1 ranges between 45,700 and 55,000 SF with a future greenspace growth area for a Phase 2 building addition. Phase 2 addition areas are anticipated to be between 20,860 and 16,500 SF. Grand total building area on either facility layout range between 66,560 to 71,560 SF. The facility operates approximately 5 days a week and 18 hours a day. Normal business hours are 4:00 AM to 10:00PM with the bulk of the activity coming between 7:00AM and 6:30PM. The exterior of the building will be smooth form faced loadbearing precast concrete panels having a clear height between 18-20FT. Total exterior building height would be between 21-23Ft depending on the final clear height selected. The office component would have 1 insulated glass set in painted aluminum frames. Landscaping would complement the site as required in the city code. The facility would also have an above ground diesel fuel tank and be located in the Southwest corner of the land site. Sutton looks forward to expanding into the Clearwater Business Park. No.DescriptionDate No.DescriptionDate f:\\jobs\\9441 - 9460\\9443 - sutton transport - centerville\\cad c3d\\engineering\\9443_cover.dwg06/22/21Save Date: JTRJTR Centerville, Minnesota SUTTON TRANSPORT 06/24/21 12 Weston, WI 54476-0378 8011 Schofield Avenue of SUTTON TRANSPORT, INC Joseph T. Radach, P.E. COVER 1 ISSUE DATE: REVISIONS 1. DRAWN BY:DESIGNED BY:Signature: Name:Date:06/24/21License #:45889 I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a duly Licensed Professional Engineer under thelaws of the State of Minnesota R Know what's Centerville, Minnesota SUTTON TRANSPORT f:\\jobs\\9441 - 9460\\9443 - sutton transport - centerville\\cad c3d\\survey\\9443_excon.dwg06/22/21Save Date: JAB Centerville, Minnesota 2238 6/24/21 SUTTON TRANSPORT 12 Weston, WI 54476-0378 8011 Schofield Avenue of SUTTON TRANSPORT, INC. Thomas R. Balluff EXISTING CONDITIONS 2 I hereby certify that this survey, plan orreport was prepared by me or under mydirect supervision and that I am a dulyof the State of Minnesota.Name:Signature:Date: 6/24/21License #:40361 Licensed Land Surveyor under the laws 2.3.4.5.6.DRAWN BY:ISSUE DATE:FILE NO: REVISIONS 1. N O N I O I T T P E P C X E E C X E D N A L T E W A L I A A L I T A E T D E D E E S N O I D T N P A E L C T X E E W H T U O S E U N E V A T S 1 2 D N A L T E W S ERT TE AF VRI WEI f:\\jobs\\9441 - 9460\\9443 - sutton transport - centerville\\cad c3d\\survey\\9443_prp.dwg06/22/21Save Date: JAB Centerville, Minnesota 2238 6/24/21 SUTTON TRANSPORT 12 Weston, WI 54476-0378 8011 Schofield Avenue of SUTTON TRANSPORT, INC. Thomas R. Balluff PRELIMINARY PLAT 3 I hereby certify that this survey, plan orreport was prepared by me or under mydirect supervision and that I am a dulyof the State of Minnesota.Name:Signature:Date:6/24/21License #:40361 Licensed Land Surveyor under the laws 2.3.4.5.6.DRAWN BY:ISSUE DATE:FILE NO: REVISIONS 1. N O N I O I T T P E P C X E E C X E D N A L T E W A L I A T E D A L I A T E D E E S N O I T H P T E U D C O N S X A E E L U T N E E V W A T S 1 2 SUTTON TRANSPORT IAF EIVR W W LTE DNA RTS TEE f:\\jobs\\9441 - 9460\\9443 - sutton transport - centerville\\cad c3d\\engineering\\9443_remove.dwg06/18/21Save Date: JTRJTR Centerville, Minnesota SUTTON TRANSPORT 06/24/21 12 Weston, WI 54476-0378 8011 Schofield Avenue of SUTTON TRANSPORT, INC Joseph T. Radach, P.E. REMOVALS PLAN 4 ISSUE DATE: REVISIONS 1. DRAWN BY:DESIGNED BY:Signature: Name:Date:06/24/21License #:45889 I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a duly Licensed Professional Engineer under thelaws of the State of Minnesota R Know what's f:\\jobs\\9441 - 9460\\9443 - sutton transport - centerville\\cad c3d\\engineering\\9443_site.dwg06/21/21Save Date: JTRJTR Centerville, Minnesota SUTTON TRANSPORT 06/24/21 12 Weston, WI 54476-0378 8011 Schofield Avenue of SUTTON TRANSPORT, INC Joseph T. Radach, P.E. SITE PLAN 5 ISSUE DATE: REVISIONS 1. DRAWN BY:DESIGNED BY:Signature: Name:Date:06/24/21License #:45889 I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a duly Licensed Professional Engineer under thelaws of the State of Minnesota R Know what's f:\\jobs\\9441 - 9460\\9443 - sutton transport - centerville\\cad c3d\\engineering\\9443_utility.dwg06/18/21Save Date: JTRJTR Centerville, Minnesota SUTTON TRANSPORT 06/24/21 12 Weston, WI 54476-0378 8011 Schofield Avenue of SUTTON TRANSPORT, INC Joseph T. Radach, P.E. UTILITY PLAN 6 ISSUE DATE: REVISIONS 1. DRAWN BY:DESIGNED BY:Signature: Name:Date:06/24/21License #:45889 I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a duly Licensed Professional Engineer under thelaws of the State of Minnesota R Know what's f:\\jobs\\9441 - 9460\\9443 - sutton transport - centerville\\cad c3d\\engineering\\9443_grade.dwg06/18/21Save Date: JTRJTR Centerville, Minnesota SUTTON TRANSPORT 06/24/21 12 Weston, WI 54476-0378 8011 Schofield Avenue of SUTTON TRANSPORT, INC EROSION CONTROL PLAN Joseph T. Radach, P.E. GRADING, DRAINAGE, & 7 ISSUE DATE: REVISIONS 1. DRAWN BY:DESIGNED BY:Signature: Name:Date:06/24/21License #:45889 I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a duly Licensed Professional Engineer under thelaws of the State of Minnesota R Know what's f:\\jobs\\9441 - 9460\\9443 - sutton transport - centerville\\cad c3d\\engineering\\9443_swppp.dwg06/18/21Save Date: JTRJTR Centerville, Minnesota SUTTON TRANSPORT 06/24/21 12 Weston, WI 54476-0378 8011 Schofield Avenue of SUTTON TRANSPORT, INC PREVENTION PLAN Joseph T. Radach, P.E. STORMWATER POLLUTION 8 ISSUE DATE: REVISIONS 1. DRAWN BY:DESIGNED BY:Signature: Name:Date:06/24/21License #:45889 I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a duly Licensed Professional Engineer under thelaws of the State of Minnesota R Know what's f:\\jobs\\9441 - 9460\\9443 - sutton transport - centerville\\cad c3d\\engineering\\9443_details.dwg06/18/21Save Date: JTRJTR Centerville, Minnesota SUTTON TRANSPORT 06/24/21 12 Weston, WI 54476-0378 8011 Schofield Avenue of SUTTON TRANSPORT, INC Joseph T. Radach, P.E. DETAILS 9 ISSUE DATE: REVISIONS 1. DRAWN BY:DESIGNED BY:Signature: Name:Date:06/24/21License #:45889 I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a duly Licensed Professional Engineer under thelaws of the State of Minnesota VAN PARKING REQUIRED VEHICLE I D ACCESSIBLE FOR VIOLATION UP TO $200 FINE f:\\jobs\\9441 - 9460\\9443 - sutton transport - centerville\\cad c3d\\engineering\\9443_details.dwg06/18/21Save Date: JTRJTR Centerville, Minnesota SUTTON TRANSPORT 06/24/21 12 Weston, WI 54476-0378 8011 Schofield Avenue of SUTTON TRANSPORT, INC Joseph T. Radach, P.E. DETAILS 10 ISSUE DATE: REVISIONS 1. DRAWN BY:DESIGNED BY:Signature: Name:Date:06/24/21License #:45889 I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a duly Licensed Professional Engineer under thelaws of the State of Minnesota f:\\jobs\\9441 - 9460\\9443 - sutton transport - centerville\\cad c3d\\engineering\\9443_details.dwg06/18/21Save Date: JTRJTR Centerville, Minnesota SUTTON TRANSPORT 06/24/21 12 Weston, WI 54476-0378 8011 Schofield Avenue of SUTTON TRANSPORT, INC Joseph T. Radach, P.E. DETAILS 11 ISSUE DATE: REVISIONS 1. DRAWN BY:DESIGNED BY:Signature: Name:Date:06/24/21License #:45889 I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a duly Licensed Professional Engineer under thelaws of the State of Minnesota f:\\jobs\\9441 - 9460\\9443 - sutton transport - centerville\\cad c3d\\engineering\\9443_details.dwg06/18/21Save Date: JTRJTR Centerville, Minnesota SUTTON TRANSPORT 06/24/21 12 Weston, WI 54476-0378 8011 Schofield Avenue of SUTTON TRANSPORT, INC Joseph T. Radach, P.E. DETAILS 12 ISSUE DATE: REVISIONS 1. DRAWN BY:DESIGNED BY:Signature: Name:Date:06/24/21License #:45889 I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a duly Licensed Professional Engineer under thelaws of the State of Minnesota f:\\jobs\\9441 - 9460\\9443 - sutton transport - centerville\\cad c3d\\landscape\\9443_landscape.dwg06/23/21Save Date: RJRRJR Centerville, Minnesota Y R 56346 SUTTON TRANSPORT 06/24/21 3 A Weston, WI 54476-0378 N I 8011 Schofield Avenue M of I SUTTON TRANSPORT, INC L Ryan J. Ruttger, RLA LANDSCAPE PLAN E R L1 P ISSUE DATE: REVISIONS 1. DRAWN BY:DESIGNED BY:Signature: Name:Date:06/24/21License #: or report was prepared by me or under mydirect supervision and that I am a duly I hereby certify that this plan, specificationLicensed Landscape Architect under thelaws of the State of Minnesota. R Know what's f:\\jobs\\9441 - 9460\\9443 - sutton transport - centerville\\cad c3d\\landscape\\9443_landscape.dwg06/23/21Save Date: RJRRJR Centerville, Minnesota Y R 56346 SUTTON TRANSPORT 06/24/21 3 A Weston, WI 54476-0378 N I 8011 Schofield Avenue M of I SUTTON TRANSPORT, INC L Ryan J. Ruttger, RLA LANDSCAPE PLAN E R L2 P ISSUE DATE: REVISIONS 1. DRAWN BY:DESIGNED BY:Signature: Name:Date:06/24/21License #: or report was prepared by me or under mydirect supervision and that I am a duly I hereby certify that this plan, specificationLicensed Landscape Architect under thelaws of the State of Minnesota. f:\\jobs\\9441 - 9460\\9443 - sutton transport - centerville\\cad c3d\\landscape\\9443_landscape.dwg06/23/21Save Date: RJRRJR Centerville, Minnesota Y R 56346 SUTTON TRANSPORT 06/24/21 3 A Weston, WI 54476-0378 N I 8011 Schofield Avenue M of I SUTTON TRANSPORT, INC L Ryan J. Ruttger, RLA LANDSCAPE PLAN E R L3 P ISSUE DATE: REVISIONS 1. DRAWN BY:DESIGNED BY:Signature: Name:Date:06/24/21License #: or report was prepared by me or under mydirect supervision and that I am a duly I hereby certify that this plan, specificationLicensed Landscape Architect under thelaws of the State of Minnesota. B&BB&BB&BB&BB&BB&B 2.5" Cal.B&B2.5" Cal.B&B2.5" Cal.B&B2.5" Cal.B&B6` Ht.6` Ht.8` Ht.#5 Cont.#5 Cont.#5 Cont.#5 Cont.#5 Cont.seedseed Canadian HemlockAutumn Brilliance ServiceberryAutumn Magic Black Chokeberry#5 Cont.Alpine Currant#5 Cont.Goldflame Spirea#5 Cont. River Birch Multi-Trunk10` Ht.Northern Acclaim Thornless Honey LocustBlack Hills SprucePrairifire Crabapple1.5" Cal.B&BDwarf Red Twig DogwoodDwarf Bush HoneysuckleMiss Kim LilacBailey`s Compact American Cranberry Bush#5 Cont.1.5" Trap Rock Mulch4" DepthKentucky BluegrasssodMnDOT Seed Mix 25-151MnDOT Seed Mix 33-261 Acer x freemanii `Sienna`Sienna Glen Maple2.5" Cal.B&BClump Form, 2.5" Cal EquivalentGleditsia triacanthos inermis `Harve`Quercus bicolorSwamp White Oak2.5" Cal.B&BAmelanchier x grandiflora `Autumn Brilliance`Clump Form, 2" Cal EquivalentCornus sericea `Alleman`s Compact`Spiraea x bumalda `Goldflame`Gold Foliage, Red FlowersSyringa patula `Miss Kim`Viburnum trilobum `Bailey Compact`Juniperus chinensis `Sea Green`Sea Green Juniper#5 Cont.Calamagrostis x acutiflora `Karl Foerster`Feather Reed Grass#3 Cont.Turf Sod BluegrassType I - Turf Seed MixSeeding Rate 180 lb/acType II - Stormwater Seed Mix Malus x `Prairifire`Red FlowersPhysocarpus opulifolius `Seward` TMSummer Wine Seward Ninebark#5 Cont.Red Fall ColorRock MulchNon-Woven Geotextile IncidentalRefer to notes for acceptable seedingmethodsRefer to notes for acceptable seedingmethods. 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NJ?L 3 PCOSGPCB ?R 120 8" 2-NJW LWJML QRP?NQBMS@JC QRP?LB 12 E?SEC UGPCN?GLRCB DJSMPCQACLR MP?LECUFGRC DJ?EEGLE (RWN.)RPCC UP?N4 GLAFCQ F?PBUMMB KSJAF4 GLAF BCCN Q?SACP8' QRCCJ RCC NMQR-@?AIDGJJ KGVSLBGQRSP@CB QS@QMGJPCKMTC @SPJ?N & PMNCDPMK RMN 1/3 MD RFC @?JJ 12" LMRC: QCC NJ?LRGLE LMRCQ DMP RFC RWNC MD KSJAF K?RCPG?J RM SQC. 733 Marquette Avenue, Suite 1000, Minneapolis, MN 55402 Planning Report DATE: July 13, 2021 TO: Centerville Planning & Zoning Commission FROM: Phil Carlson, AICP, Stantec Conditional Use Permit, Site Plan Review st PID: 24-31-22-33-0017 (6800 block of 21 Avenue South) OWNER: Rehbein Properties INTRODUCTION Sutton Transport is purchasing a 15-acre parcel in the industrial park from Rehbein Properties to build a trucking terminal. The st property has frontage on 21 Avenue South on its east side (which is also the city limits with Lino Lakes) and the existing cul-de-sac of Fairview Street on the north side. The project involves platting the parcel to dedicate street right-of-way for both st Fairview Street and 21 Avenue. Fairview will then be built to connect through thst between 20 and 21 Avenues, removing the existing cul-de-sac and extending past it. The project also requires a Conditional Use Permit for the truck terminal, which is a conditional use in the I-1 Industrial District. Site Plan review is also requested. Surrounding uses are all industrial uses or vacant industrial zoned land. July 13, 2021 Centerville Planning & Zoning Commission Page 2 of 6 PRELIMINARY PLAT virtually identical to the original parcel. What the plat accomplishes is dedicating the necessary street right-of-way to the centerline of abutting st and 40 ft to 21 complicated legal description with a simple plat name: Sutton Transport. Park dedication is not required for new lots that are more than 5 acres in size, as is this parcel. CONDITIONAL USE PERMIT & SITE PLAN REVIEW The issues addressed in the CUP will also Site Plan review issues. Parking There are three parts to the Sutton building: office, service bays, and warehouse. The code has required parking numbers for office and warehouse uses, but not for service or a truck terminal. Parking should be adequate. The site plan has a 93-car parking lot in front and parking opposite the warehouse for 30 cabs and 30 trailers on either side. Cab/trailer parking is not usually part of parking standards. The office, 5,000 sq ft, requires 5/1,000 sq ft, or 25 spaces, leaving 68 parking spaces for the warehouse and service bays, plus the 60 spaces reserved for cabs and trailers. A warehouse use per Centerville standards requires 2/1,000 sq ft. The 40,000 sq ft warehouse would require 80 spaces. Calculating the 10,000 sq ft of service bays like the warehouse, it adds another 20 spaces, or 125 spaces required. Comparing the parking required and provided for these uses is like apples to oranges, but nevertheless here is the summary of parking on site: Required Parking Office: 5/1000 x 5,000 sq ft = 25 spaces Warehouse: 2/1000 x 40,000 sq ft = 80 spaces Service Bays: 2/1000 x 10,000 sq ft = 20 spaces Total Required = 125 spaces Provided Parking Parking Lot: = 93 spaces Cab Parking = 30 spaces Trailer Parking = 30 spaces Total Provided = 153 spaces The site plan envisions a future expansion of 16,560 sq ft of warehouse, which would require another 34 parking spaces; 32 more spaces are shown as future cab and trailer parking. In situations like this I rely on the experience of the business involved to know their parking needs, which can be stipulated with conditions in the conditional Use permit. July 13, 2021 Centerville Planning & Zoning Commission Page 3 of 6 Landscaping The proposed landscape plan has a mix of overstory, ornamentals, and shrubs, grasses and ground covers. The Centerville code has the following landscape requirements: Minimum 10% of lot in green space (plan meets this) Minimum 3% landscaped area within the parking lot (plan meets this) Minimum one tree per 3,000 sq ft of lot area (not met) Minimum 1 shrub per 10 lineal feet of building and parking lot perimeter (not met) Minimum 50-ft tree spacing at the boulevard (plan meets this) green space and parking lot landscaped area but is short of the tree and shrub standards, and the building/parking lineal feet standard. This shortage I believe is due to the very large lot and building involved, almost 15 acres, compared to the 1 to 3 acre lots immediately adjacent to the west. A ratio based on lot area will inevitably require many more trees around the site on a relative basis than for a smaller lot. If the lot were half this size it would easily meet the tree standard. Also, for a warehouse use with truck docks there cannot be foundation landscaping between the building and the dock/parking area, like there is between the office building and its parking lot, so the shrub lineal-foot standard cannot be easily met. It may be more helpful to judge the landscape plan by considering the overall design and edges The plan is generous, attractive, and well designed and is more than adequate, in my opinion. Lighting A lighting plan was not submitted, but there are nine light poles noted on the site plan at the outside edges of the parking areas. These lights must be downcast, cutoff type fixtures that do not spoil light beyond the property line. There is no reference to lighting on the building itself, which must also be downcast rather that wall packs or floodlights shining outward or upward. Signage A signage plan was not submitted, but there is reference to a monument sign. The Centerville Sign to 200 sq ft, maximum 15 ft in height, and setback at least 15 ft from any property line. Wall signs are allowed, up to 10% of the wall surface area. A wall sign is shown above the office entrance in the renderings, but a signage plan was not submitted. The sign above the office entrance is much smaller than 10% of the façade. July 13, 2021 Centerville Planning & Zoning Commission Page 4 of 6 Building Materials The Zoning Code building materials standards for the I-1 District includes the following: brick, decorative block or approved textured masonry product. . . Buildings are required to The building is proposed to be constructed of precast concrete panels in two tones of gray with a contrasting red band (renderings below). The vertical line between panels will be visible on the entire façade, breaking up the appearance. The design meets the intent of the code, in my opinion. July 13, 2021 Centerville Planning & Zoning Commission Page 5 of 6 Outdoor Storage The Industrial district code is ambiguous on the question of outdoor storage. Trucks and semi- trailers used for the business are not considered outdoor storage unless the use is a conditional use in the Industrial district, which this is. The location and scale of the parking for cabs and trailers on the site plan is reasonable and appropriate for this use in the Industrial district, as well as being reasonably screened with the proposed landscapin warehouse is over 200 ft from Fairview Street and screened by several trees; the cab parking on st Avenue by clusters of balsam fir trees. the east side is screened from 21 Trash Handling Trash handling is presumed to be inside the building as no trash enclosure is shown on the site plan. Hours of Operation The application indicates the hours of operation will be 4:00 am to 10:00 pm, with most activity between 7:00 am and 6:30 pm. These hours are typical for a truck terminal operation. The nearest residential uses are over 500 ft to the south and over 700 ft to the west, with other industrial buildings and uses in between. This kind of activity and hours for trucks loading and unloading is typical for an industrial district and would not be likely to create noise levels that would violate State standards. RECOMMENDATIONS Preliminary Plat I recommend approval of the preliminary plat for Sutton Transport as submitted, with the suggested findings below. The City Engineer has additional comments in a separate memorandum. 1) The City has standards for the subdivision of land and dedication of right-of-way and easements to ensure orderly development. 2) The proposed plat for Sutton Transport complies with City standards and is acceptable. July 13, 2021 Centerville Planning & Zoning Commission Page 6 of 6 Conditional Use Permit & Site Plan Review I recommend approval of the conditional use permit and site plan for the Sutton Transport project as submitted, with the following conditions and suggested findings: Conditions of Approval 1) The applicant will confirm that the parking needs of the office, service bays, and warehouse can be handled with the spaces provided on the site plan, including with the future phase of development shown on the plans. 2) Landscaping on site will be maintained as proposed for the life of the project, replaced as needed with the same material as proposed, or similar as approved by the City Engineer. 3) Lighting specifications will be provided to confirm that all fixtures are downcast, cutoff type and will allow no more than 1 footcandle of light beyond the property line on all sides. 4) Signage plans will be submitted, to be reviewed and approved by the City Engineer, showing that the monument sign meets size and setback requirements, and that wall signage meets size requirements in the Centerville code. 5) Trash handling will be inside the building. 6) All requirements of the City Engineer will be followed. 1) The City has standards for parking, landscaping, lighting, building materials, and other elements in the zoning code which are reasonable appropriate to encourage high quality development in the City. 2) The proposed use by Sutton Transport provides for reasonable and adequate parking, landscaping, building design, lighting, and screening of outdoor parking, and other issues. 3) The proposed plan meets the criteria for a conditional use permit and site plan. DEADLINES FOR FINAL ACTION The preliminary plat application was received on June 21. There is a separate 120-day deadline for action on preliminary plats. Final deadline for action by the City Council is October 22, 2021. The conditional use permit application was received on June 21, 2021. The 60-day deadline for final action by the City Council is August 20, 2021. CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: July 28, 2021 Centennial Fire District XI.4 TITLE OF ISSUE: Contract for Administrative Services - Spring Lake Park - Blaine - Mounds View (SBM) BACKGROUND AND SUPPLEMENTAL INFORMATION: After over a year of discussions and study, the Fire Steering Committee has recommended and approved a contract for Administrative Services for the Centennial Fire District with the Spring Lake Park - Blaine - Mounds View (SBM) Fire District. The contract allows SBM to act as CFD's Fire Chief and adds two, full-time firefighters to daytime duty-crews for the district. The CFD Steering Committee has asked that each City Council approve the contract as well. COST AND SOURCE(S) OF FUNDING: Estimated $40,000 annual savings to the CFD. REQUESTED COUNCIL ACTION: Motion to approve the Administrative Services Contract with Spring Lake Park - Blaine - Mounds View Fire District. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ x Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ PROFESSIONAL SERVICES AGREEMENT FOR June 2021 ADMINISTRATION AND FIRE MANAGEMENT SERVICES Between the Centennial Fire District and the Spring Lake Park – Blaine – Mounds View Fire Department PROFESSIONAL SERVICES AGREEMENT FOR ADMINISTRATION AND FIRE MANAGEMENT SERVICES 7/12/2021 This Agreement is made by and between the Spring Lake Park Fire Department, Inc. (dba SBMFD), a Minnesota non-profit corporation (herein referred to as "SBMFD"), and the Centennial Fire District, a JPA Fire Department (herein referred to as "CFD"), as of the day of .2021. WHEREAS, the CFD possesses its own Fire Department; and WHEREAS, the CFD serves the Cities of Circle Pines and Centerville (herein referred to as "Cities"); and WHEREAS, the CFD enters into this contract pursuant to authority stated in its by-laws and applicable statutory provision, and the SBMFD enters into this Agreement pursuant to authority of its Articles of Incorporation and By -Laws; and WHEREAS, the CFD desires to contract with the SBMFD to provide Administrative and Fire management services over its fire department; and WHEREAS, the parties desire to memorialize in writing their respective obligations under such contractual relationship. NOW, THEREFORE, intending to be bound by the consideration and obligations contained herein, the sufficiency of which is expressly acknowledged, the parties hereby agree to the following Agreement: 1. Scope of Work SBMFD agrees to provide the professional services described in Exhibit "A" attached hereto ("Work"), the audit described in Exhibit "B" attached hereto ("Audit") and the organizational chart described in Exhibit "C" attached hereto ("Org Chart") in consideration for the compensation set forth in Provision 3 below. 2. Term The term of this Agreement shall be from , 2021, through December 31, 2024, the date of signature by the parties notwithstanding. The parties may extend the term of this Agreement by mutual written consent of all parties. 3. Compensation for Services CFD agrees to pay the SBMFD a total annual compensation of the following: • Annually for Administrative and Fire Management Services. o For FY 2021 (Jan 1-Dec 31) the amount shall be $95,000.00 (prorated from date of contract execution). $95,000 shall be the annual base budget amount with an annual increase of 3% for inflation starting with FY 22 (Jan 1— Dec 31). 1 PROFESSIONAL SERVICES AGREEMENT FOR ADMINISTRATION AND FIRE MANAGEMENT SERVICES 7/12/2021 o SBMFD shall submit to CFD a quarterly written invoice,which shall be paid in the same manner as other claims made to the CFD.For FY 2021 (Jan 1-Dec 31), the quarterly amount shall be $23,750.00 with the first quarter prorated from the date of contract execution. o Excessive Administrative and Managements costs of 10% or greater may require cost adjustment that shall be negotiated as part of the annual budgeting process. Annually for SBMFD Personnel Costs associated with the Administrative and Fire Management Services Agreement. o For FY 2021 (Jan 1 – Dec 31), the amount shall be $172,956, prorated from date of contract execution. $172, 956 shall be the base budget for personnel costs of two (2) SBMFD fulltime positions dedicated to the CFD Division. Increases annually will be 3% for inflation and Step Raises in accordance with the SBMFD Compensation Plan starting FY 22 (Jan 1 – Dec 31). o SBMFD shall submit to CFD a quarterly written invoice, which shall be paid in the same manner as other claims made to the CFD.For FY 2021 (Jan 1 –Dec 31), the quarterly amount shall be $43,329.00 with the first quarter prorated from date of contract execution. 4.SBMFD Employee Status The SBMFD is an independent contractor and its officers, employees, agents, representatives and members shall not be considered employees of the CFD or the Cities for any purpose and shall not be entitled to any benefits usually accorded to regular employees of the CFD or the Cities and paid by the CFD or Cities, including, but not limited to, such items as severance pay, health and welfare insurance benefits, retirement credit, workers’ compensation coverage or other benefits normally considered to be employee fringe benefits for regular employees of the Cities. 5.Administrative Committee The CFD Administrative Committee (also known as the Operations Committee)shall serve in a liaison capacity and as a budget review committee. The CFD Administrative Committee consists of the City Administrators from the Cities of Circle Pines and Centerville. At the Committee Meetings, a quarterly budget report will be provided. The SBMFD Fire Chief, or itsdesignee, will serve as part of the CFD Administrative Committee and attend meetings quarterlyand/or when requested. 6.CFD Steering Committee The CFD Steering Committee maintains its authority and responsibilities contained within the CFD JPA. The SBMFD Fire Chief, or itsdesignee, shall report directly to the CFD Steering Committee on all CFD matters and attend meetings quarterly and/or when requested. The SBMFD Fire Chief, or their designee, shall submit a CFD proposed st operating and capital budget for the next FY to the Committee by July 1 of the preceding 2 PROFESSIONAL SERVICES AGREEMENT FOR ADMINISTRATION AND FIRE MANAGEMENT SERVICES 7/12/2021 year. The proposed budget shall include annual costs for SBMFD services contained in Provision 1 and 3. 7.Continuity of Fire Protection Services It is agreed that continuity of fire protection services constitutes a top priority for allocation of the CFD’s/Cities’ financial resources. 8.Fiscal Agent Status The Cities shall maintain the status of Fiscal Agent for CFD budgeted funds. 9.Termination This Agreement may be terminated at any time by any party, with or without cause, by delivering to all other partiesa written notice at least ninety (90) days prior to the date of such termination. The date of termination shall be stated in the notice. Upon termination by any party, SBMFD shall be paid for services rendered through and until the date of termination. 10.Assignment No party may assign this Agreement, nor its rights and/or obligations hereunder, without the prior written consent of all other parties. 11.Waiver Any waiver by any party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement or either parties’ ability to enforce a subsequent breach. 12.Workers’ Compensation Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers’ compensation insurance or self-insurance coverage, covering its own personnel while they are performing services pursuant to this Agreement. Each party waives the right to sue the other party for any workers’ compensation benefits paid to its own employees or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of the other Party or its officers, employees, or volunteers. 13.Damage to Equipment Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue the other Party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of the other Party or its officers, employees, or volunteers. 14.Indemnificationand Defense Subject to the limitations and immunities in MN Statute Chapter 466 and limitations set forth below, to the fullest extent permitted by law, each party agrees to indemnify, defend, 3 PROFESSIONAL SERVICES AGREEMENT FOR ADMINISTRATION AND FIRE MANAGEMENT SERVICES 7/12/2021 and hold harmless the other party, and their respective boards of directors, officers, agents, employees or representatives, from and against any loss, cost, or damage of any kind to the extent arising out of its breach of this Agreement and/or the gross negligence or willful misconduct of the party or its officers, agents, representatives or employees (other than, with respect to the SBMFD,the two dedicated employees of the SBMFD for the CFD). With respect to the two employees of the SBMFD dedicated to the CFD pursuant to this Agreement, the CFD agrees to defend, indemnify and hold harmless the SBMFD and its Board of Directors, offers, agents, employees and representatives from and against all liability, claims, petitions, demands, costs, judgments, losses and expenses of any kind and in any forum or process, including but not limited to reasonable attorneys’ fees and costs arising out of or resulting from any actions or omissions on the part of these two dedicated personnel occurring within the scope of their duties for the CFD and/or the Cities. The parties agree that liability under this Agreement is controlled by Minnesota Statutes §471.58, subd. 1a, and that the total liability for the parties shall not exceed the limits on governmental liability for a single unit of government as specified in Minnesota Statutes §466.04, subd. 1(a). Nothing in this Agreement is intended to, nor shall be construed to, constitute a waiver of any liability limitations available to any party under Minnesota Statutes Chapter 466. Neither party shall be liable for consequential, special, punitive or indirect damages of any kind even if foreseeable or even if advised of the possibility of such damages. 15.Counterparts This Agreement may be executed by facsimile or other electronic form and in multiple counterparts, each of which shall be considered an original. 16.Governing Law; Venue This Agreement shall be controlled by the laws of the State of Minnesota. Any legal action brought under this Agreement shall be venued in a court of competent jurisdiction located in Anoka County, Minnesota. 17.Severability The provisions of this Agreement are severable. If any portion hereof is, for any reason, held by a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining provisions of this Agreement. 18.Notices Any notice to be given by any party upon any other under this Agreement shall be properly given in writing either personally delivered or by e-mail or by U.S. mail to a party’s City Administrator as follows: City of Circle Pines: City of Centerville: 4 PROFESSIONAL SERVICES AGREEMENT FOR ADMINISTRATION AND FIRE MANAGEMENT SERVICES 7/12/2021 Patrick Antonen, City Administrator Mark Statz, City Administrator pantonen@ci.circle-pines.mn.usmstatz@centervillemn.com 200 Civic Heights Circle 1880 Main Street Circle Pines, MN 55014 Centerville, MN 55038 The parties agree that delivering notices to the official successors of the above-named representatives shall be deemed sufficient under this Agreement. Notices shall be deemed effective on the date of receipt if given personally, on the date of deposit in the U.S. mails if mailed, or on the date of delivery to an overnight courier if so delivered; provided, however, if notice is given by deposit in the U.S. mails or delivery to an overnight courier, the time for response to any notice by the other party shall commence to run one business day after the date of mailing or delivery to the courier. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change 19.Entire Agreement Unless stated otherwise herein, the entire agreement of the parties is contained in this Agreement. This Agreement supersedes all prior oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by all parties. 5 PROFESSIONAL SERVICES AGREEMENT FOR ADMINISTRATION AND FIRE MANAGEMENT SERVICES 7/12/2021 CITY OF CIRCLE PINES Date: ___________________________________________________________ Mayor Date: ___________________________________________________________ City Administrator Date:_________________________ ___________________________________ SBMFD Board President 6 PROFESSIONAL SERVICES AGREEMENT FOR ADMINISTRATION AND FIRE MANAGEMENT SERVICES 7/12/2021 CITY OF CENTERVILLE Date: _________________________ __________________________________ Mayor Date: _________________________ __________________________________ City Administrator Date:_________________________ ___________________________________ SBMFD Board President 7 EXHIBIT A (“Work”) Administrative and Fire Management Services 7/12/2021 Scope of Services and General Program Outline This is not a contract for fire suppression or medical related emergency incident response. The SBMFD will respond to predetermined incident types, or requests based on pre-existing automatic/mutual/closest unit agreements in place. “SBM Fire Administration” personnel consist of a Fire Chief, Deputy Fire Chief, Operations Chief, Battalion Chief - Administration, Battalion Chief - Community Risk Reduction, Battalion Chief - Training, four (4) Operations Volunteer Battalion Chiefs and one executive assistant. The “Cities” consist of the Cities of Centerville and Circle Pines. The SBMFD agrees to provide the Centennial Fire District the personnel necessary to provide the below “Scope of Services;” the personnel will be available 24 hours per day. Expected time frame of delivery will be ongoing, with tentative completion within a 3-year timeframe from contract execution. Short-Term Transition Process (contract execution through July 31, 2021) A transition process ending August 30, 2021 with SBM Fire Administration fully assuming the scope of services on September1, 2021. During the short-term transition time frame, the following tasks are to be accomplished: o Job descriptions created o Hiring process for full-time staff (initially open to CFD applicants only) o Contingency staffing plans created o Basic information/resources transferred to ensure continuity of operations o Meet with all CFD staff, communicate transition plan/address concerns o Chain of Command/reporting structure established and verified o Applicable response protocols modified, established and verified with 2800 Scope of Services Administrative st Prepare Annual Budget for Steering Committee Reviewby July 1for subsequent FY.With the exception that the budget intended for FY 2022 will be prepared for Steering Committee Review by the Cities. Ongoing Fiscal Management. Control and coordination of operations budget for expenditure, purchase applicationsand SBM BOD quarterly review of CFD financials. This includes, but is not limited to, invoices, payroll, membership fees, etc. Purchasing processes will be conducted in accordance with CFD/Cities purchasing policies. Operational and Capital Budget Planning, Short and Long Term. Human Resources Tasks – Recruiting, Hiring, Policy Review, Personnel Issues, 1 EXHIBIT A (“Work”) Administrative and Fire Management Services 7/12/2021 Compliance, Recommendations, Consulting, Discipline Process, Investigations etc. Coaching/disciplinary process(s) will be conducted jointly by SBM and CFD Command Staff, followingthe Chain of Command and IAWCFD policy/procedures. The SBM Fire Chief or their designee shall have the authority to enforce all provisions of CFD policies/procedures and initiate corrective action for violations when necessary. Assess Staffing Model, Recommend, Implement Changes Required payroll monitoring and management. Review current JPA/Contracts and recommend modifications The CFD/Cities understands and acknowledges that SBM Fire Administration is under the direction of the CFD Steering Committee, and not subject to supervision or direction of CFD/Cities leadership or personnel. Management Provide Incident Command and Operational Oversight. Overall supervision and management of all emergency and non-emergency day-to-day department operations and tasks. Incident command and resource support will be given to the CFD for structure fires or major incident types when necessary, as determined by CFD Incident Commander and/or SBMFD Chief Officers.. Training Program Development, Management and Coordination Review and implementation of Standard Operating Guidelines (SOG) and Standard Operating Policies (SOP) to ensure compliance with Local, State, Federal, NFPA, and best practices to assure for the safety of Firefighters and the community. Data Collection and Analysis Equipment and Vehicle Audit, Asset Management Personnel Development, Leadership, Management, Recruitment, Retention Organizational Culture Assessment and Change Process Management Strategic Planning and completion of a long-term Strategic Plan City Ordinance Review and Recommendations Emergency Management Assistance Fleet and Equipment Service and Repair, Management Personnel, Full-Time The SBMFD will hire and provide two full-time personnel dedicated to the Centennial Division. Those personnel will be employees of the SBMFD and shall be the positions of Firefighter/Fire Inspector and Firefighter/Fire Technician. One Officer from SBM Fire Administration will be detailed to CFD during regular workweek days with a goal of four workdays per week. The schedule/personnel detailed may vary and the detailed SBMFD Chief Officer may 2 EXHIBIT A (“Work”) Administrative and Fire Management Services 7/12/2021 respond independent of CFD Fire Apparatus in their SBMFD squad vehicle, including incidents occurring in the SBM Fire District and/or surrounding automatic/mutual aid requests Staffing Daytime workday is defined as weekdays Monday-Friday, 0800-1600hours, excluding Holidays. Response will be by full-time/duty crewand POC personnel (if available). Nighttime is defined as weeknights 1601-0759 hours, holidays and weekends. Response will be provided by POC personnel. Daytime CFD staffing will be a goal of 3, with variations up or down based on firefighter schedules, sick time, vacations, etc. Staffing will be divided between CFD Stations 1 and 3 when possible. Program Goals (achieved over the term of the contract) 1. Improve response times to align more closely with all aspects of National Standard response times 2. Improve training program for firefighters 3. Provide a consistent, yet flexible daytime response staffing 4. Provide for depth in service during times of high service demand 5. Establish a sustainable service model that possess a balance between efficiency and effectiveness 6. Develop and implement a strategic plan based on stakeholder input and anticipated community needs 7. Create a dynamic communication plan that keeps all stakeholders informed of CFD activities 8.Review POC staffing plan and annual service requirements 9.Develop fully funded program to supply each firefighter with a 2nd set of structural protective gear 10.Review and revise CFD policies and Standard Operating Guidelines 11.Provide fiscal management and provide long term funding plan 12.With customer service as the primary driver, review and modify existing mutual/auto aid agreements 13.Review and modify citiesordinances as required 14.Review vehicle/equipment fleet and ensure fleet meets established standards/best practices 15.Ensure organizational compliance with applicable State/Federal Laws and industry best practice 16. Optional Goal: develop and implement comprehensive Community Risk Reduction program 3 EXHIBIT A (“Work”) Administrative and Fire Management Services 7/12/2021 Provide a safe, courteous, professional, and consistent level of service for the department and community. The SBM Fire Administration will have full permissionand access to CFD facilities, equipment, IT, etc. Access to CFD IT related infrastructure will be accomplished using only CFD equipment and processes and the SBMFD agrees to follow CFD’s policies regarding IT security and notifications if a breach of security occurs. The SBM Fire Administration will have full access to all training and personnel records. Access to personnel records will be by SBM Fire Administration Personnel whose role or duties require access to those personnel records. Any and all data requests received by SBMFD related to the duties, responsibilities under or administration of this agreement for CFD or the Cities will be handled by CFD’s identified responsible authority and processed pursuant to CFD data practices policies SBM Fire Administration will be reasonably available for department head-level meetings and events within the CFD/Cities organizational structure. SBM Fire Administration will make reports to the CFD Steering Committee regularly, and City Councils as requested. Expanded Scope/Additional Work The SBMFD and the CFD/Cities agree that at any time during the term of the contract either party may initiate discussions regarding the expansion of the scope of this contract to include expanded or additional services provided by the SBMFD. 4 EXHIBIT C (“Org Chart”) CFD Organizational Chart/Chain of Command 7/12/2021 CFD City Councils Full-Time Contract Open FTE Part-Time CFD Steering Committee POC CFD Administrative Committee SBM Fire Chief SBM Deputy Fire Chief CFD Fire Inspector CFD BC CFD BC CFD Fire Tech Station 3 Station 1 CFD Captain CFD Captain Station 1 Station 3 CFD Lieutenant CFD Lieutenant Station 1 Station 3 CFD CFD FAO/Firefighters FAO/Firefighters Station 3 Station 1 CITY OF CENTERVILLE REQUEST FOR COUNCIL ACTION Agenda Item # Department: Requested Council Meeting Date: July 28, 2021 Engineering XI.5 TITLE OF ISSUE: Rice Creek Watershed District Erosion Control Inspection Pilot Program BACKGROUND AND SUPPLEMENTAL INFORMATION: For several years, the city has been looking at ways to reduce the duplication of efforts between RCWD and the City. Both entities are responsible for Erosion and Sediment Control (ESC) under our respective Minnesota Seperate Storm Sewer Systems (MS4) Permits. There are 6 Minimum Control Measures (MCMs) in the MS4 permit. This proposed pilot program would have RCWD perform the required inspections under MCM 4 for both the city and RCWD. In short, instead of having both a city inspector and a RCWD inspector looking at silt fences on any given project, we would just have RCWD. Typically, the city's consultant handles these duties at a rate of around $130/hr. These costs are passed on to the developers. With this program, RCWD would bill the city $55/hr. The city would then pass this cost onto the developer instead. The result is a win-win: reduced costs to our developers and increased revenues to RCWD. If this works, we would look at other MCMs. COST AND SOURCE(S) OF FUNDING: No direct cost to the city; only pass through costs (which will be less than current costs) REQUESTED COUNCIL ACTION: Motion to authorize execution of the Joint Powers Agreement with Rice Creek Watershed District for Coordination of Erosion and Sediment Control Inspections. SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Draft Agreement Other (specify) ____________ _____ _____ _____ _____ _______________________________________________________________ _____ _____Ki _____ ____________________________________________________________________ Administration Department Use: Refer to: _________________________________ Consent Tabled Until: ______________________________ Regular Other: ___________________________________ July 28, 2021 Watering Restrictions Cities recently received a letter from the DNR notifying us of the potential for state- mandated watering restrictions. The city currently has an odd/even watering ban and no watering may take place between 10 AM and 6 PM. We are currently at more than three times our normal winter month water usage. The DNR would like to see us closer to 1.5x our winter numbers. Please make sure you are in compliance with our current ordinance and, if you can, dial down those sprinklers for a bit and help us stay within our limits. Meeting Date Change The Planning and Zoning Commission meeting for August has been pushed back one week, to August 10, 2021, to accommodate Nite to Unite. All committee meetings are now being held in-person at City Hall, beginning at 6:30 PM, unless otherwise noted. PARKS AND RECREATION Main Street Market Thanks to all the volunteers, vendors and visitors for making our inaugural market run a success, averaging 500 or so guests each night. With 3 more weeks to go, Sasse the Clown, doing balloon animals and next week (Aug 5), will feature a face painter. The added activities are sponsored by Mike Giovinazzo (American Family Insurance) and Mark Remmilard (Farmers Insurance). Thanks to our valued business partners for stepping up to help make our events even better. Music in the Park Music in the Park has seen record attendance this summer. Food trucks have been added to the Tuesday festivities this year (see the schedule of vendors below) or check out our Facebook Page Movie in the Park The annual Movie in the Park event is set for September 18. A movie has not yet been chosen. Rental Assistance ECONOMIC DEVELOPMENT Quad Area Chamber of Commerce New Chamber members have been coming online at a great pace, this spring. The business community is looking to get engaged and renew their commitments to the community. In-person Lunch & Learns are back up and running. The chamber is also hosting business expos at area festivals. Economic Development Authority (EDA) 2022 Preliminary Budget The commission has forwarded their budget request to the city council for consideration as Swag Bags e EDA has ordered reusable grocery bags with the Main Street Market logo, which will be available at the Thursday market. Revolving Loan and Grant Program dation for a grant application from JETS Machine Shop to purchase signage for their Main Street location. Anoka County Regional Economic Development (ACRED) 3M Open ACRED is hosting a hospitality tent and promoting the county for business development during the PGA/3M Open. COMMUNITY DEVELOPMENT Centerville Elementary School Expansion Building Permits have now been issued and construction has begun. The re-route of the Old Mill Estates The developer has begun work on site clean-up. Sidewalks are nearing completion. Backfilling, landscaping, trails, mailbox and street sign installation remain. If these items are not fully complete by September 1, the city wi letter of credit. nd Old Mill Estates 2 Addition The developer has begun work on site clean-up. Sidewalks, landscaping, trails, mailbox and street sign installation remain. If these items are not fully complete by September 1, the city th Centerville Storage (20 Ave. Mini Storage) Landscaping work is underway, and the developer anticipates paving in the coming weeks, with fence, security camera and other finishing touches to follow. Bay View Villas (Waterworks Site) has installed the entrance monument. They intend to remain on site until the site work is completed. If these items are not fully complete Atlas Villas Memory Care Project (1825 Main Street) Building construction work continues as the new facility takes shape on Main Street. Block 7 Property (Downtown) Negotiations between the developer and city have continued and the final terms of a purchase agreement will be presented to the City Council at their July 28 meeting. If a purchase agreement is signed, the next steps would be for the developer to prepare detailed site plans for submittal to the city as part of a request for Preliminary Plat. That request would require a public hearing. Development Inquiries Real estate agent looking for potential sites for a Brew Pub Rehbein Commercial The City Council recently approved the final plat for the Rehbein Commercial Development, including the lots for the Kwik Trip and Norbella Senior Living (2 and 3). The remaining lots will be platted as outlots and will remain for sale as commercially zoned parcels. A to be approved before utility work may begin. The city anticipates that agreement coming before the Council on August 11. Peterson Shores The proposed 2-lot development was recommended for approval by the Planning Commission and will be considered by the City Council on July 28. Sutton Transportation A cross-dock and warehousing facility is being st the west side of 21 Avenue across from Distribution Alternatives. The 60-dock facility will include a 40,000 sf warehousing area, offices and a 3-bay service station for light repair work. An expansion area adding an additional 24 docks and 16,000 sf of warehouse is shown for future development. The development will extend Fairview Street through, connecting thst 20 and 21 Avenues. This development was recommended for approval by the Planning and Zoning Commission will be considered by the City Council on July 28. General Watering ban violations COMMUNITY ENGAGEMENT Web Site Social Media Calendar Updates CenterStage Meeting Agendas Committee Agendas/Packets uploaded Parks Programming Promotion Rental Assistance Info Reader Board Meeting Schedules Business Email List Committee Vacancy Notices None Parks Programming Promotion Community Email List Comments & Concerns from Public Development related comments Meeting Agendas Questions on watering ban Connect with the City on these platforms FINANCE American Rescue Plan (ARP) The city should be receiving the first half of our funds next week. The total amount expected is around $420,000. Staff and Council are working on a plan for the allocation of these funds. Small Cities Assitance Program The Small Cities Assistance Program is a legislative attempt to get some street improvement money to smaller cities that do not quailify for State Aid. Unfortuantely, the program is not funded every year and so it is an unreliable funding source. The good news is that in 2021, it was funded. For Centerville, we will take in around $52,000 which will be put towards our street maintenance fund. STORMWATER/WETLAND LaMotte Park Stormwater Reuse System Expansion The irrigation system needed to be shut down after several weeks of drought drew the pond down to just above the inlet. The system will be turned on again if the pond gains a little depth after some rain. SEWER AND WATER Commercial Water Connection Fee Assistance businesses through the pandemic, a new program was introduced, cutting connection fees for city water in half, through the end of 2021 for commercial properties. If you own a commercial property in Centerville that is not currently hooked to city water, and are interested in learning more, please call Administrator Statz at 651-792-7931. Wellhead Protection Plan We have received our official letter from the MN Department of Health on the approval of our plan and have sent letters, notifying adjoining jurisdictions. We can now begin the implementation of our plan. 2020 Downtown Street and Utility Improvements Paving and most punch list work is complete. Final payments will be processed soon. PUBLIC SAFETY Centennial Lakes Police Department New Sergeant From the Chief: I want to share some exciting CLPD news. Today I promoted Officer Brian Goetzke to the rank of Sergeant. We are very fortunate to have Brian join our leadership team. He already contributes in many different ways to the department by way of training, etc, and he always seems to do so with a very positd to have Brian take on more roles and responsibilities as we continue to work hard to meet the needs of our communities while we serve with courage and compassion. Thanks to all who participated in the process and assisted by being involved in the interview pane th the new position will be Saturday, July 10. Please join me in congratulating Sergeant Brian Goetzke on his achievement! JM New Officer From the Chief: It is always a very exciting day to welcome a new officer to our department, and today is one of those days. It is with great pleasure that I announce that Anthony Tonda has successfully completed all of his background requirements and has been given an official start date of August 2nd to begin his police officer training. Anthony grew up in South St. Paul and graduated from South St. Paul High School. From there he attended Inver Hills Community College where he obtained his Associates Degree in Criminal Justice. He then continued his training at Hennepin Technical College where he received his Law Enforcement Skills Certificate. Anthony is currently working at M Health Fairview as a Security Guard. He is also working as a Community Service Officer for the West St. Paul Police Department. Fortunately for us, he will be leaving both of those positions behind as he joins our team to serve the citizens of Centerville, Circle Pines, and Lexington. Anthony is very excited to begin his law enforcement career, and we are very excited to have such a great candidate join our department. Please take a moment to welcome Anthony to our department when you get the chance. JM. Centennial Fire District Historic Retirement After nearly 45 years serving the people of Centerville, Randy Lauderbach has retired. A brief ceremony was th held on July 13 where he was a warded a golden axe (see pic). Anyone who knows Randy will tell you it was all a bit much for him. His humble attitude will be missed at the department. Fire District Reorganization The transition process of underway. Open positions for the two full-time firefighters have been posted and applications are being accepted from internal candidates first. Those positions should be filled in the coming weeks and could begin work as early as August 16. The official transfer of leadership to September 1, if both City Councils give final approval of the contract at their meetings next week. The district is looking for paid-on-call firefighters. Find out more at www.centennialfire.org