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HomeMy WebLinkAbout2021-07-14 CC Minutes - Approved Approved CITY OF CENTERVILLE CITY COUNCIL MEETING JULY 14, 2021 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held a City Council Meeting on July 14, 2021. COUNCIL MEETING I. CALL TO ORDER Acting Mayor Koski called the special meeting to order at 6:32 p.m. ROLL CALL* PRESENT: Acting Mayor Russ Koski Council Member Darrin Mosher Council Member Steve King ABSENT: Mayor D. Love Council Member Michelle Lakso STAFF: City Administrator Mark Statz City Attorney Kurt Glaser II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Acting Mayor Koski provided an opportunity for others to add or delete any items. Administrator Statz added a voided check #33901 under VII. Consent Agenda, Item #1. Administrator Statz stated that a number of individuals completed Public Comment Sign-Up Sheets for their desire to speak with Council regarding Block 7, proposed development – Centra Homes. He stated that if Council desired they could add to the agenda “Public Comment”, Item #1 under IV. Appointments/Presentations. Acting Mayor Koski stated that the Council would add Public Comment, Item #1 under IV. Appointments/Presentations/Public Comment. Motion by Council Member King, seconded by Council Member Mosher, to Approve the Agenda as Amended. All in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS/PUBLIC COMMENT Acting Mayor Koski stated that individuals will be given 2-3 minutes for comment regarding the proposed development of Block 7. He stated that this would not be a debate but Council is providing an opportunity for public input and an opportunity to speak. City of Centerville Council Meeting Minutes July 14, 2021 Mr. Al LaMotte, 1643 Sorel Street, desired to provide Council with background of the parcel in question by stating that a farmer in town purchased and donated the property to the City for a hockey rink for community children years previous. He stated that he has spoken with many of those, now adults, who are disappointed in Council’s decision to development the land and to the extent of what is being proposed. He stated that he does not feel that this will keep the “small town” feel. He questioned the City’s desire to gain population to 5,000 and asked why Council is subsidizing the contractor by giving them the parcel and everything. Acting Mayor Koski asked Administrator Statz as to the appropriate time to address resident’s comments/questions and chose to continue accepting comment. Administrator Statz concurred. Ms. Julie Lindsay, 1687 Sorel Street, she stated that she started a petition on Saturday, July 10, 2021 to stop building the high-density proposed development. She stated that she heard time and time again from the neighbors that Mr. Rivard donated a portion of the proposed Block 7 to the City years previous for a park and if the property was not utilized in that fashion it was to be returned back to him. She is wondering how and when that would be addressed/resolved. She stated that normally 4-5 homes would be allowed for a parcel of that size. She also stated that she is asking how 26, 2-story row-homes with 52 vehicles on that lot are better for the community of Centerville when people who reside in Centerville or who move to Centerville prefer the “small town” feel. She stated that current traffic levels in the downtown area are difficult, unsafe at times and an additional 52 cars would add to the congestion. She stated that 62 homes in the vicinity of the development would be affected by that traffic. She suggested that the Planning & Zoning Commission reconsider the zoning for this parcel to be single-family residential and install the park that was intended by Mr. Rivard’s donation. She stated that she and other residents feel the same way. Ms. Lindsay stated that she does not understand the ins and outs of the Comprehensive Plan and what avenues would need to be taken to change this zoning. She was concerned about the goal of a population of 5,000 residents to gain State Aid from the State of MN without regarding to the small town. She believes that a traffic study should have been completed prior to any proposal for development of the property. Ms. Lindsay submitted the petition and stated that only one (1) individual stated that the City needed the tax money and all others are not in favor of the project. Mr. Jon Brickner, 1580 Sorel Street, stated that he lived one (1) block west of the proposed project, attended this evening’s meeting to show support his friends and neighbors that surround the proposed project. He stated that this block, “Block 7” is a 1.62 acre parcel with nine (9) single- family, residential homes surrounding the project. He desired to provide input in five (5) areas that Council may not have taken into consideration and as to why this proposal is unfair to surrounding property owners, unjustifiable to all residents and taxpayers of Centerville. He stated that Centerville residents do not want urban development and requested that page 2 of the City’s Comprehensive Plan be provided for reference. He stated that the Comprehensive Plan is utilized to guide the City in development for the future and was to be updated in 2018. He also stated that in 2017 the City hired a firm to gain input from residents as to what was important to them. They stated some of the word were “trails”, “community”, “family” and “rural” where all a part of the input. He stated what was important to him was rural. He also stated that recently there was a proposal for an apartment building on property north of Main Street near the bank. He stated that there is over 1,000 signatures on an on-line petition (Stopcenterville.com) to stop urban development and should be eye opening to Council. He also discussed the population increase to Page 2 of 10 City of Centerville Council Meeting Minutes July 14, 2021 5,000 for State Aid, limited in land open for development and that the theory is that the leadership is urbanizing the remaining land to force the population to 5,000. Mr. Brickner stated that if “rural” is important to residents they may consider the views of those who run for office in the future. He stated that he felt that the townhome project is way too dense. He stated that he attended a meeting recently with the developer that he was lead to believe was for input but rather information for residents only where the developer began their presentation with “this project will have a very urban feel”. He mentioned that there was no green space for kids, pets, snow removal, etc. and something you would see in a more metropolitan setting not Centerville. He also stated taxpayers should not be subsidizing any development as taxes are already high in Centerville without supporting contractors. He stated that the City would be subsidizing by providing the property for $1 which is appraised at $350,000, contractor requested up to $150,000 for upgraded siding and $80,000 for internal roadways. He also stated that according to information given at another previous meeting it would take 24 years to earn back those costs. He asked if this is setting a precedence with other development/redevelopment in the downtown area. He referenced the Downtown Master Plan, its age and need for review/updating. He stated that previously a developer was going to purchase the entire downtown area and redevelop it. He felt that that was the only way the Downtown Master Plan was feasible. He asked Council whether they desired this proposed project in their neighborhood and whether the answer was yes and you would be in disagreement with most Centerville citizens. He stated that if Council answered no, than why would you think these citizens deserve this project in their neighborhood more than in yours? Mr. Brickner thanked Council for their time, service to the community and making/keeping Centerville a great place to live and raise a family. He stated that he believes Centerville is already a great place to live, will urbanizing it make it a better place to live? Will we lose the “small town” feel and sense of community with this project? He hoped that Council would make the right decision for the community and the nine (9) families directly affected by the project. Mr. Tom Wilharber, 6849 Centerville Road, resident for 54 years, served on P & Z, Council, Mayor and all he heard was not in my neighborhood. Referenced people using the property and not paying the taxes. He stated that the City has owned that property for many, many years. He stated that many comments he has heard is that people do not want more development and he has responded well when should the City have stopped development 50 years ago when he came, 20 years ago or 15 years ago when you came. The property has sat for a very long time with the City incurring expenses in maintaining it. We have finally got something that will look good there and fits into both the Downtown Master Plan and Comprehensive Plan. He stated that many comments that he also heard was that taxes were too high. This project that will assist in lower them and help. Centerville is not be a little rural area. At some point, folks need to realize that farms are developing and if it does not belong to you there is a right to sell it. He stated that he hopes that Council continues with the sale of the property and the proposed development. Acting Mayor Koski thanked Mr. Wilharber for his input and years of dedicated service to the City. Page 3 of 10 City of Centerville Council Meeting Minutes July 14, 2021 Acting Mayor Koski asked if everyone that desired to comment had the opportunity. No other audience members made comment. He stated that additional conversations will take place later in the Closed Executive Session. Acting Mayor Koski stated that when you serve the community it is difficult to make decisions and know everything. He stated that Council, Committee/Commission Members are asked to make difficult decisions, have revised plans and generally the public does not participate in those open meetings. He stated that the Council gave direction to the City Administrator to sell/develop City owned property, do something with them and he brought forward a developer who has a plan to complete what was asked of by the City, they have invested time and energy into the proposed development and now Council is to say we are not completing the project. He stated that he understands the concerns of residents, the plans are in place and that is the difficulty in making decisions. We will take everything into consideration. He advised all residents to get involved in their community and stated that he appreciated their comments. V. PUBLIC HEARINGS 1. None. VI. APPROVAL OF THE MINUTES 1. March 10, 2021 City Council Meeting Minutes Acting Mayor Koski provided an opportunity for Council to make modifications to the minutes if desired. Motion by Council Member Mosher, seconded by Council Member King to Approve the March 10, 2021 City Council Meeting Minutes as Presented. All in favor. Motion carried. 2. March 24, 2021 City Council Meeting & Closed Executive Session Minutes Acting Mayor Koski provided an opportunity for Council to make modifications to the minutes if desired. City Attorney Glaser request that a modification be made on the last page of the minutes removing the Motion to Adjourn the meeting as the Mayor Adjourned the meeting after no additional agenda items remained. Motion by Council Member King, seconded by Council Member Mosher to Approve the March 24, 2021 City Council Meeting Minutes as Presented. All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville Claims through July 13, 2021 (Check #33850-33912) & (1721-1730E) & Voided Check #33901 Page 4 of 10 City of Centerville Council Meeting Minutes July 14, 2021 2. Centennial Lake Police Department Claims through July 9, 2021 (Check #13882-13913), Voided Check #13803, Payroll (Check #13890-13891) & (2021029-2021034E) 3. Centennial Fire District Claims through June 22, 2021 (Check #9102-9109) 4. Appointment of Planning and Zoning Commissioner 5. Appointment of Parks and Recreation Committee Member 6. Successful Performance Review, Step Increase – Mr. James Huisenga – Public Works Maintenance Technician Acting Mayor Koski provided an opportunity for the Council to add or remove any item(s) to/from the consent agenda. Brief discussion was had regarding the voided check #33901 and adding it to Item #1. Council Member King pulled Item 4 and Acting Mayor Koski pulled Item 5 & 6 for comment and discussion. Motion by Council Member King, seconded by Council Member Mosher, to Approve Consent Agenda Items 1, 2 and 3 as Presented. All in favor. Motion carried. Council Member King thanked Mr. Richard Nelson for applying for the vacant Planning and Zoning Commission seat and upon Council motion he welcomed him. Acting Mayor Koski echoed the same comments. Mr. Nelson stated that he has resided in Centerville for the past 3 years. He stated that he is very familiar with the area as his daughter lives in town. Administrator Statz clarified the motions and timing by both the Planning & Zoning Commission and Parks & Recreation Committee for the recommendations for filing their respective vacant seats. Acting Mayor Koski desired to comment and thanked Mr. James Huisenga for his efforts, commitment to the City and congratulated him for the successful review. Motion by Council Member King, seconded by Council Member Mosher to Approve Consent Agenda Items 4, 5 and 6 as Presented. All in favor. Motion carried. VIII. OLD BUSINESS 1. Final Pay Request – Crawford Merz (City Hall Renovation) Administrator Statz stated that staff has been working with the contractor regarding punch list items, getting documentation together and are ready to accept the project finalizing our contract with them. Council Member King stated when he looked, it shows that the check has already been cut and included in Consent Agenda, Item #1. Administrator Statz explained that if the item were placed on the agenda for approval this evening it would then take an additional two (2) weeks before the check was approved. Administrator Statz stated that Staff could notate similar situations to this. Page 5 of 10 City of Centerville Council Meeting Minutes July 14, 2021 Acting Mayor Koski stated how did we come out with the budget and change orders. Administrator Statz stated that the original bid was only for Council Chambers and HVAC. The optional bid was for the office area which was funded with COVID Funds. He also stated that there were only two (2) change orders for lighting and fire alarms. He felt that the contractor stuck with their original bids and staff is please with their work. Motion by Council Member King, seconded by Council Member Mosher to Approve the Final Pay Request – Crawford Merz as Presented. Motion failed for lack of a second. 2. Final Plat Application – Rehbein Commerical Administrator Statz stated that an application for final plat is for consideration and the preliminary plat was approved several months prior. He explained that the plat speaks as Lot and Blocks (Kwik Trip and Norbella Senior Living) and others are outlots. He explained as outlots develop, Council will approve additional additions to the Rehbein Commercial development (Rehbein Commercial, nd 2 Addition, etc.) He stated approval for a developer’s agreement would be coming shortly. He clarified the process of moving forward with approval of the Final Plat contingent upon a signed developer’s agreement, submittal of securities and addressing staff comments. Council Member King asked about conditions placed on the projects. Administrator Statz stated that the Conditional Use Permits will address previously discussed requirements for the two (2) developments considered. Administrator Statz stated that the Developer’s Agreement will address infrastructure, securities, timelines for construction, Torrens/abstract property, and guide future development of the outlots. Administrator Statz stated that those Conditional Use Permits have been approved subject to the approval of the Final Plat and will be recorded once the Plat has been recorded. Acting Mayor Koski asked about the cul de sac and where that went. Administrator Statz stated that the easements associated with that would be a separate document. Acting Mayor Koski asked about the Torrens property. City Attorney Glaser stated that was addressed in the Developer’s Agreement. He explained that COVID have delayed the court and get to be tax productive land and we have had to be unique. Council Member King asked about the cul de sac and continuation of the roadway. He asked who would own the property. Administrator Statz stated that we are utilizing temporary easements. Discussion ensued regarding why the Final Plat and Developer’s Agreement were not together for approval, moving the project forward, etc. Motion by Council Member King, seconded by Council Member Mosher to Approve the Final Plat Contingent Upon a Signed Developer’s Agreement, Submittal of Securities and Addressing Staff Comments. All in favor. Motion carried. IX. NEW BUSINESS Page 6 of 10 City of Centerville Council Meeting Minutes July 14, 2021 1. North Metro Cable Commission 2022 Budget Administrator Statz stated that all City’s that are members of the Joint Power Agreement make separate motions to approve the budget. Administrator Statz stated that the organization has provided great service to their members. He stated that they have been providing staff to cablecast City meetings, have a flexible operation, they are advanced thinking regarding technology and that the City appreciates them. Council Member King stated that it appears things are going similar to when he was appointed to the Commission as a Liaison. Council Member Mosher stated that their details are impressive. Acting Mayor Koski asked what would be revisited in 2021. Administrator Statz stated their revenue stream is different than the City’s and difficult to predict how many people will be subscribing for cable services. Discussion ensued regarding what will happen if mid-stream drop in revenue they are very prepared to decrease expenditures or ask for funding. Motion by Council Member King, seconded by Council Member Mosher to Approve the North Metro Cable Commission 2022 Budget as Presented. All in favor. Motion carried. 2. Variance Request – 1313 Mound Trail Administrator Statz stated that the Planning & Zoning Commission held a Public Hearing regarding the item and the motion was 4/1 in favor of granting the request. He explained that the request is to construct an accessory structure in the front yard as defined by the area between right- of-way and house. He stated that the Code in the most conservative way, the variance would be required. He explained that in past permits these have been denied. He stated that it was look at as the road used to be on the lake side, garage and houses were flipped, and many factors such as use of common law speaks about lake lots and front being lake side. He stated there was also discussion of the request for size and existing regulations for 200 square feet or 2% of the lot. He stated that some of the plans have shown an overhang to this accessory structure and is not discussed or approved by the Commission. He also stated that a required would be subject to the 35’ setback for the Accessory Structure. Discussion ensued regarding setting precedence, unique characteristics and granting a variance, Peltier Lake Drive and placement of homes (setback), Mound Trail and placement of homes (setback), existing accessory structure will be removed on the property and they will have an attached garage, when road was moved from lakeside to front of home. Attorney Glaser stated that the front yard and back yards have flipped when the road moved. Where there is water that is the front yard and that was the way people paddled up to their homes. Code conflicts in situations like this the homeowner did not cause this. Attorney Glaser stated that granting a variance is a great way to address this. He stated because of all of the conflicting factors, this situation is unique and granting a variance is the best way to address this. Administrator Statz stated that the flipping of the yards, lot configuration and all of its uniqueness. Definition of Yard in Code is conflicting and avoiding my interpretation of many individuals. Only way to clear up and have on record that it was approved due to being unique. Acting Mayor Koski stated that language needs to be addressed in ordinance regarding yard definitions. Page 7 of 10 City of Centerville Council Meeting Minutes July 14, 2021 Administrator Statz stated that he believes that the three criteria have been met to grant a variance. (Use is reasonable, keeping with the character of the neighborhood and not caused by the homeowner.) Mr. Matt Beck, 1313 Mound Trail, stated that the current accessory structure is a one-car garage but they desire to replace it with a structure two (2) times larger. Discussion ensued regarding the construction of the new home, its placement, regulations remain the same for all citizens and ability to issue variances. Motion by Acting Mayor Koski, seconded by Council Member King to Approve a Variance for 1313 Mound Trail as Presented along with Findings of Fact Contained in the Staff Memo Which Allows the Accessory Structure in the Front Yard Respecting the 35’ Setback and No Overhang Structure Allowed. Discussion ensued regarding the 35’ setback. Administrator Statz stated that the 35’ setback is from the road right-of-way and that this is a lake lot and the situation is unique, as most owners desire to be close to the lake versus the roadway. Acting Mayor Koski and Council Members King and Mosher voted in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator’s Report Administrator Statz stated that it is Fete des Lacs week, he desired to thank all businesses for their sponsorships, he reminded residents that many businesses are offering specials, he invited individuals to participate in an Ice Cream Social sponsored by Carbone’s. He stated that the Planning & Zoning Commission held a Public Hearing to consider a Preliminary Plat and Conditional Use Permit (CUP) for Sutton Transportation (cross-dock) truck terminal, preliminary plat for a small subdivision of property located at 7261 Main Street (Peterson) and a Variance for 1313 Mound Trail. Administrator Statz explained that the Council would be discussing a purchase agreement for Centra Homes, Block 7 development later this evening. He stated that the next step for this project would be to discuss a Developer’s Agreement if Council and Centra Homes negotiate and agree a purchase agreement. Council Member King stated that with the lack of rain, the seeding in the Downtown area has not taken in many areas and questioned if an extension can be made for the maintenance period to ensure growth. Administrator Statz stated that if weed growth is the issue there may be a potential for hiring a lawn service to apply chemicals. Council Reports a. Lakso - i. Anoka County Fire Protection Council – No report was given. Page 8 of 10 City of Centerville Council Meeting Minutes July 14, 2021 ii. Parks and Recreation Committee – No report was given. b. Koski – i. Fire Steering Committee – Council Member Koski stated that there would be a meeting on July 15, 2021 at 7:00 p.m. at the City of Circle Pines where they would be discussing a draft of the SBM Administrative contract. ii. Planning & Zoning Commission – Council Member Koski stated that the th Commission had met on the on the 13 and discussed the Variance for 1313 Mound Trail. c. King – i. Economic Development Authority – Council Member King stated that the EDA would be meeting the following week. d. Mosher – Council Member Mosher stated that there has been a very good turnout for the Main Street Market event. i. Economic Development Authority – Council Member Mosher stated that the EDA would be meeting the following week. ii. Police Governing Board – No report was given. e. Love –  North Metro Telecommunications Commission – No report was given.  Police Governing Board – No report was given.  Fire Steering Committee – No report was given.  Other Mayor Reports – No report was given. XI. RECESS TO CLOSED EXECUTIVE SESSION Acting Mayor Koski recessed the regularly scheduled City Council meeting at 8:19 p.m. and read the language allowing for the Closed Executive Session. CLOSED EXECUTIVE SESSION This portion of the meeting is closed pursuant to Minnesota State Statute 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 Acting Mayor Koski, Council Members Mosher and King along with Staff members Administrator Statz and City Attorney Glaser were present. Page 9 of 10 City of Centerville Council Meeting Minutes July 14, 2021 II. DISCUSSION III. ADJOURN TO REGULAR CITY COUNCIL MEETING Motion by Council Member King, seconded by Council Member Mosher to Adjourn the Closed Executive Session at 9:42 p.m. All in favor. Motion carried. CITY COUNCIL The regularly scheduled Council meeting reconvened at 9:43 p.m. XII. ADJOURNMENT Motion by Council Member King, seconded by Council Member Mosher to Adjourn the Regularly Scheduled Council Meeting of July 14, 2021 at 9:43 p.m. All in favor. Motion carried. Respectfully submitted by City Clerk, Teresa Bender Page 10 of 10