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HomeMy WebLinkAbout2021-10-13 CC Meeting Minutes - Approved CITY OF CENTERVILLE CITY COUNCIL MEETING October 13, 2021 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council Meeting on October 13, 2021. 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 6:33 p.m. ROLL CALL* Approved PRESENT: Mayor D. Love Council Member Steve King Council Member Darrin Mosher Council Member Russ Koski ABSENT: Council Member Michelle Lakso STAFF: City Administrator Mark Statz City Attorney Kurt Glaser *Note that “present” is construed to mean that the noted individuals were visibly and audibly present on the videoconference call. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. Administrator Statz noted one person signed up for public comment. Motion by Council Member Koski, seconded by Council Member Mosher to Approve the Agenda as Amended. All in favor. Motion carried. Mr. Tom Wilharber, 6849 Centerville Road, Treasurer Centerville Lions, donated a check for $500 to the Parks & Recreation Committee with the understanding the money would be used for repairing/replacing the monument marker at Tracie McBride Park. Motion by Council Member Koski, seconded by Council Member King to Approve the Acceptance of a Check in the Amount of $500 to Parks & Recreation Committee for the Repair/Replacement of the Monument Marker at Tracie McBride Park. All in favor. Motion carried. City of Centerville Council Meeting Minutes October 13, 2021 IV. APPOINTMENTS/PRESENTATIONS 1. None V. PUBLIC HEARINGS None VI. APPROVAL OF THE MINUTES 1. July 14, 2021 City Council Meeting Minutes Mayor Love provided an opportunity for Council to make modifications to the minutes if desired. Council Member Koski stated that he had emailed Clerk Bender regarding several grammatical errors and requested that the minutes be modified accordingly. Mayor Love thanked Council Member Koski for filling in for him at the meeting in his absence. Motion by Council Member King, seconded by Council Member Mosher to Approve the July 14, 2021 City Council Meeting Minutes with the Inclusion of Council Member Koski’s Requested Modifications. All in favor. Motion carried. 2. July 28, 2021 City Council Work Session, Meeting and Closed Executive Session Administrator Statz asked the Council to table this item in order to provide more information. Motion by Council Member Koski, seconded by Council Member King to Table the July 28, 2021 City Council Meeting Minutes. All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville Claims through October 13, 2021 (Check #34594-34639), (1769-1773) & Voided Check #34567, 34578 & 34598 2. Centennial Lake Police Department Claims through October 8, 2021 (Check #14004-14041), Payroll Check #14002-14003, 14027-14028 & (2021048- 2021054E) 3. Centennial Fire District Clams through October 12, 2021 (Check #9160-9183), E2021013-2021014 & Payroll Check #9157-9159 & 9170-9172 4. Sensaphone – (Premium Ethernet Subscription Plan – SCADA) 5. Anoka County 2022 Agreement for Residential Recycling Program 6. Anoka County JPA – Allocate Election Expenses 7. Encroachment Agreement, 7163 Brian Drive – Fence 8. Repair/Maintenance Trail & Roadways – 2021 (Muellner Asphalt - $35,XXX) 9. 2 AM Liquor License Renewals 10. Final Pay Request for LaMotte Park Stormwater Reuse Expansion Project Page 2 of 9 City of Centerville Council Meeting Minutes October 13, 2021 Mayor Love provided an opportunity for the Council to add or remove any item(s) to/from the consent agenda. Council Member King requested the Items #4, #5, and #8 be pulled from the Consent Agenda for additional discussion. Motion by Council Member Koski, seconded by Council Member Mosher to Approve Consent Agenda Items #1-3, #6-7, and #9-10. All in favor. Motion carried. Item #4. Sensaphone – (Premium Ethernet Subscription Plan – SCADA) Council Member King asked for clarification of the item. Administrator Statz stated that this is an annual renewal allowing the SCADA system to be controlled from a remote location from a laptop/cellphone, etc. He stated that it is a 24-7 dedicated connection. Council Member King asked how the water/sewer systems were operating now with warnings/failures, etc. Administrator Statz stated that the software has been provided with a call list but staff did not have the ability to acknowledge warnings/failures, etc. Mayor Love questioned if a water emergency arose would it be directed through this avenue or 911. Administrator Statz stated that a similar emergency would be directed through 911 with the Public Works Department being notified. Motion by Council Member King, seconded by Council Member Koski to Approve Consent Agenda Item #4 as presented. All in favor. Motion carried. Item #5. Anoka County 2022 Agreement for Residential Recycling Program Administrator Statz stated that each year the city work with the County to put together a plan on how we anticipate utilizing our base level funding. He stated that there are options for additional funding for items such as fixed recycling containers for the parks, or offering of recycling opportunities (collaboration with Green Lights and coupons), Clean Up Day, etc. He stated that on property tax statements of all Anoka County residents there is a Solid Waste Fee and that funds educational opportunities for the public and the programs offered. He reported that the idea is for landfill abatement/recycling. Discussion ensued regarding where the funding was coming from, line item on County property tax statements for Solid Waste, effect on garbage and recycling bills, potential organic collection program and compostable item collection. Motion by Council Member Mosher, seconded by Council Member Koski to Approve Consent Agenda Item #5 as presented. All in favor. Motion carried. Item #8. Repair/Maintenance Trail & Roadways – 2021 (Muellner Asphalt – $35,XXX) Council Member King asked where on the trails the work would be completed. Administrator Statz stated that a portion of the trail segment near Meadow Court where there has been tree root intrusion and the remainder is roadways. Page 3 of 9 City of Centerville Council Meeting Minutes October 13, 2021 Discussion ensued regarding storm sewer lifting/speed bumps, that the work would be completed yet this year, street projects, Street Fund balance, funding allocation annually and replacement/repair of the City Hall parking lot. Motion by Council Member Koski seconded by Council Member King to Approve Consent Agenda Item #8 as presented. All in favor. Motion carried. VIII. OLD BUSINESS nd 1. Code Revisions (2 Reading) a. Ord. #XXX, Second Series – Amending City Code Chapter 50, Garbage Administrator Statz stated that the Planning & Zoning Commission held a public hearing where minimal comments were received. He stated that this is the second reading. He also stated that the proposed language was simple, allowed for soft-sided dumpster bags and minimal regulations regarding placement, contents, length of time allowable (two weeks/14 days for pickup), etc. He also stated that discussion included potentially licensing of haulers, limited administration, when the 14 day period would commence and explained upon complaint. He reported that some individuals had utilized the temporary dumpsters/bagsters in the past and felt that pickup was timely. Council Member King questioned if citizens would have any recourse if the bags did not get removed. Administrator Statz stated that the amendment would allow Staff to call the hauler on behalf of the resident to ensure removal. Mayor Love thanked the Planning and Zoning Commission for pushing this forward and Commissioner Kubat for assisting staff with a sample code from another community. Motion by Council Member Koski, seconded by Council Member Mosher to Adopt Ord. #116, Second Series – Amending City Code Chapter 50, Garbage as presented. All in favor. Motion carried. b. Ord. #XXX, Second Series – Amending City Code Chapter 156, §102, Home Occupations Administrator Statz stated that the Planning & Zoning Commission held a public hearing where minimal comments were received regarding the item. He explained that several residents have been operating an auto repair business from their residence and that staff/law enforcement have had a difficult time enforcing nuisance calls regarding the activity. Administrator Statz stated that the proposed language would exclude this type of business as a Home Occupation unless you owned 2 acres or more. Discussion ensued documentation of such a business, individuals operating within the Code, proper disposal of waste/public health safety concerns, County licensing requirements, enforcement, and notification of adoption to those that are currently operating illegally and the CLPD. Page 4 of 9 City of Centerville Council Meeting Minutes October 13, 2021 Motion by Council Member Koski, seconded by Council Member Mosher to Adopt Ord. #117, Second Series - Amending City Code Chapter 156, §102, Home Occupations as presented. All in favor. Motion carried. c. Ord. #XXX, Second Series – Amending City Code Chapter 156, §111, Fence Administrator Statz again stated that the Planning & Zoning Commission held a public hearing where minimal comments were received regarding the item. He stated that the modifications would allow for fences to be placed at the front edge of the home rather than 10 feet back. He stated that staff provided research regarding neighboring communities’ requirements being the same as the proposed language. Discussion ensued regarding the difference between 6 foot and decorative fencing and Administrator Statz stated that the existing language regarding a decorative fence is from the front of the home to the road right-of-way remains the same. Motion by Council Member Koski, seconded by Council Member Mosher to Adopt Ord. #118, Second Series – Amending City Code Chapter 156, §111, Fence as presented. All in favor. Motion carried. 2. Rehbein Commercial – Amended Development Agreement Administrator Statz stated that this was a simple change to the previous agreement allowing for a Letter of Credit in the amount of $50,000 and a Letter of Credit. He stated that he believes this is a great compromise between the City and the developer, believes the City is well protected and that this may be a better practice in the future for commercial developers. Attorney Glaser reassured the Council that the City was protected for a longer timeframe, the same procedures have been requested by the developer for the Sutton development and this added for a smoother process. Attorney Glaser stated that is frees up working capital for the developer, giving them more flexibility. Council Member Koski requested a definition of a bond. Attorney Glaser stated that this type of bond is a surety bond (insurance device/ensures the project will be completed) rather than a bond that the City would sell to an investor in return for money/loan. Administrator Statz stated that further into the development phases that this bond would be converted into a warranty bond covering infrastructure after the warranty period has expired. Council Member Mosher asked what happens upon completion of the project. Attorney Glaser stated that the bonds are for public infrastructure and the LOC remains until the lots are developed. Council Member King asked what items would be covered by the LOC. Administrator Statz stated items that the developer is responsible for and if those same items are not completed in time the city has avenues to make draws on it to complete the items. City Attorney Glaser assured City Council the staff is doing everything they can in order to cover any inflation/rising costs, protecting the City from outstanding liabilities, etc. Page 5 of 9 City of Centerville Council Meeting Minutes October 13, 2021 Mayor Love understands Mr. Rehbein wants the purchaser of the land to pay some of the fees. Once property is purchased and fees are paid, then the City will release portions/adequate amounts to cover what has been completed. Motion by Council Member King, seconded by Council Member Mosher, to Approve the Amended Development Agreement for Rehbein Commercial as presented. All in favor. Motion carried. IX. NEW BUSINESS 1. Personnel Policy Update Administrator Statz stated that over the course of 10-15 years, the non-union employees have kept up with the union staff regarding the maximum PTO carryover from year to year. He stated that with the last contract, this same benefit was not received by non-union staff. He stated that he wanted to place this before Council prior to year-end allowing employees the opportunity to determine whether to use time or bank it if desired. Discussion ensued regarding financial obligations if the City needed to payout an employee, within mid-range of cafeteria plans and other cities, employees being the City’s greatest assets and government versus private employment benefits. Motion by Council Member Koski, seconded by Council Member Mosher to Approve the Personnel Police Update. All in favor. Motion carried. 2. Resolution 21-0XX - Establishing a Junior Council Member Program Administrator Statz stated that this item has been discussed previously at Work Sessions. He stated that the position would not have voting capabilities, would not be compensated, Centennial School enrollee age 16-18 (junior or senior) with preference being given to a Centerville resident. Lengthy discussion ensued regarding compensation with two (2) members desiring to offer pay. A Council Member felt that a youth should participate for educational experience rather than compensation. Administrator Statz stated that he had concerns about training, mentoring, and teaching proper meeting etiquette. It was felt that Council would interview candidates and chose the best for the position. Attorney Glaser stated that in order to compensate a student would be to have language stated that in a contract. Discussion ensued regarding a scholarship rather than compensation. Administrator Statz stated that he is requesting Council action this evening on the presented resolution and compensation/scholarship could be discussed at a later date. Motion by Council Member King, seconded by Council Member Mosher, to Approve Res. 21-014 - Establishing a Junior Council Member Program as presented. All in favor. Motion carried. Page 6 of 9 City of Centerville Council Meeting Minutes October 13, 2021 3. Assistant City Administrator Position Administrator Statz stated that the items has been discussed previously and reviewed pre-recession staffing numbers with Council. He stated that he looks forward to exploring candidates and discussed that the pay range that he is proposing would be $55,000-$75,000 depending on experience and competency. He stated that the job description has included Council Member Lakso’s suggestions and that this position may be an entry level position with the potential to be a Senior level position in the future, similar to the Senior Account Clerk’s position. Council Member King questioned how much money the City was saving by combining the City Engineer and the City Administrator positions. Administrator Statz stated that the new position would free up some of his time allowing for more engineering tasks. Council Member Koski stated that he supports the position but feels that duties should be well defined so that no one is stepping on someone’s toes and staff is in harmony, understands their duties and does not feel like they are being stepped on as they are long-standing employees. Mayor Love inquired about infrastructure costs associate with the hiring. City Administrator Statz stated this will not involve building costs but will be minimal such as a cubical, computer, software, etc. Discussion ensued regarding willingness to accept a candidate with years of experience or some experience, having the Personnel Committee assist with interviews, learning curve, progression of duties, etc. Motion by Council Member Koski, seconded by Council Member King to Approve the Hiring of an Assistant City Administrator Position as presented with a salary range of $55,000-$75,000 annually. All in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator’s/Engineer Report – Administrator Statz stated that there was a vacancy on the watershed board and that if any Centerville resident was interested to come forward. He stated that Council will endorse a candidate at their next meeting. He also stated that there has been lengthy discussion on procedures for appointment as a lawsuit is pending from Circle Pines and their previous appointment not being recognized. He stated that all cities will be endorsing a list of candidates within the RCWD for appointment. Administrator Statz stated that Census information came in lower than what has been tracked by Met Council. He stated that Met. Council estimated 3,896 and 4,050 in 2019. He stated that the average age is closer to the metro average of 2.92 (2.76 – Centerville). He stated that population decrease would help with the police and fire budgets but makes it more difficult for the City to achieve a population of 5,000. He also reported that the Cities MS4 Permit to discharge storm water was approved through 2025. He stated that the application was 30 pages this year and that previously it was only 7 pages. Council Member King asked whether the program was redundant. Administrator Statz stated tthat Page 7 of 9 City of Centerville Council Meeting Minutes October 13, 2021 RCWD would be completing inspections on things and Stantec would be completing inspections on others with reporting being completed in partnership. 2. Council Reports a. Lakso  Parks and Recreation Committee – No report was given as Council Member Lakso was absent.  Anoka County Fire Protection Council – No report was given as Council Member Lakso was absent. b. Koski  Planning & Zoning Commission – Council Member Koski stated that the Commission held a public hearing regarding outside storage and parking. He stated that approximately 15 people attended with approximately eight (8) of them providing comment. He stated that suggested language limiting parking 10’ from curb when parking in a driveway was dissatisfying due to company, kids moving home due to Covid, etc. Other comments were that parameters do not fit all parcels as some are not all square and may be the language was too ridge regarding impervious surface along a garage. It was also stated that the City is losing its small-town-feel.  Fire Steering Committee - Council Member Koski stated that the next meeting would take place on October 28 at the City of Circle Pines at 6:00 p.m. and reported that two (2) firefighters from Centennial assisted victims of Hurricane Ida. c. King – Council Member King thanked residents that attended the recent Planning & Zoning Commission and provided comment. He stated that he appreciates when residents are involved in discussions.  Economic Development Authority – Council Member King reported that the meeting will take place the following week. d. Mosher  Economic Development Authority – Council Member Mosher stated that the meeting would take place the following week.  Police Governing Board – Council Member Mosher stated that there was no report to be given. e. Love – Mayor Love stated that he appreciated residents’ attendance of the Planning & Zoning Commission and their participation in the meeting. He encouraged residents to find ways to become involved in their community. He stated that the Volunteer Appreciation Event was taking place at the Fire Hall at 6:00 p.m. – 7:15 p.m. tomorrow evening.  Police Governing Board  Fire Steering Committee  North Metro Telecommunications Commission  Other Mayor Reports XI. RECESSED TO CLOSED EXECUTIVE SESSION Page 8 of 9 City of Centerville Council Meeting Minutes October 13, 2021 Mayor Love recessed the regularly scheduled City Council meeting at 9:01 p.m. XI. CLOSED EXECUTIVE SESSION CLOSED EXECUTIVE SESSION (Pursuant to MN Statute Section 13D.05, Subdivision 3(b) City Attorney read the following: Discussion and examination of legal opinion and strategy regarding the properties 2050 and 2070 Main Street. Absolute confidentiality is required for a full and candid discussion with Legal Counsel and such discussion could not occur in a public setting without jeopardizing the City’s legal position. I. ROLL CALL Mayor Love, Council Members King, Koski and Mosher along with City Attorney Glaser and Administrator Statz were present. II. DISCUSSION Discussion took place regarding a request to rezone the property from B-2 to B-1 and a Conditional Use Permit for outside storage without a principle structure. Discussion also took place regarding the 60 day rule and cleanup of the lot. Motion by Council Member Koski, seconded by Council Member Mosher to close the Closed Executive Session and Re-Open the Regular Council Meeting at 9:49 p.m. XII. ADJOURNMENT Motion by Council Member Mosher, seconded by Council Member Koski to Adjourn the Regularly Scheduled Council Meeting at 9:49 p.m. Respectfully submitted by City Clerk, Teresa Bender. Page 9 of 9