HomeMy WebLinkAbout2022-08-24 CC Work Session, Council Meeting & Closed Exec. Session - Approved
Approved
CITY OF CENTERVILLE
WORK SESSION, CITY COUNCIL MEETING & CLOSED EXECUTIVE SESSION
AUGUST 24, 2022
5.00 p.m.
Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City
Council Work Session, Council Meeting & Closed Executive Session on August 24, 2022 in
Council Chambers of City Hall and also live streamed by North Metro TV.
WORK SESSION (5:00 PM)
I. CALL TO ORDER
Mayor D. Love called the meeting to order at 5:00 p.m.
II. Roll Call
PRESENT: Mayor D. Love
Council Member Steve King
Council Member Russ Koski (Arrived at 5:06 p.m.)
Council Member Darrin Mosher
Council Member Michelle Lakso
Junior Council Member Danny Peterson (Non-Voting)
ABSENT: None.
STAFF: City Administrator Mark Statz
Assistant City Administrator Athanasia Lewis
Finance Director Bruce DeJong
City Attorney Kurt Glaser
III. ITEMS OF DISCUSSION
1. Speed Study – CSAH 14 (Main Street
Administrator Statz stated that he had been approached to bring before Council the possibility of
a speed study for CSAH14/Main Street in the area of the 35W bridge coming into town. He stated
that this area is currently posted 35 mph. He stated that as the Engineer he would not recommend
the increase and generally residents are requesting that speed limits are decreased. He also stated
that the County has studied the speeds on the roadway previously and found that its current posting
is appropriate.
Lengthy discussion was had by Council regarding areas of concern along the roadway, such as
current turn lanes, the fishing pier, curves, Bald Eagle Water Ski Shows, boats/trailers entering the
roadway from the public access and Rice Creek Regional Park, the potential for the study to have
the limit decreased, speed limits on other local County roadways, wiring installed at Centerville
Road and Main Street for future signals, downtown redevelopment, corridor studies that may or
may not consider CSAH14/Main Street and the overall traffic increases could change the limit in
the future.
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Council was not interested in supporting a speed study for an increase in speed from 35 mph to 40
mph.
2. Capital Improvement Plans
Finance Director DeJong reviewed the information contained in the packet with Council, he stated
that items within the CIP have been previously discussed and approved, that discussions regarding
the plan should be incorporated in budget discussions, the utilization of new software for
generating the plan, and items being broken down differently than seen before.
Additional discussion took place regarding accounting software, cost estimates needing
attention/increasing in certain areas, funding adjustments and considerations going forward, and
the new look/setup being more understandable.
3. ARPA-Eligible Projects
Administrator Statz stated that the Council has reviewed and provided direction previously
regarding funding, allocation (revenue loss), appropriate accounting/reporting being completed to
the current requirements, the previously discussed CIP and the 2023 budget.
Discussion ensued regarding parking lot improvements, thin mill and overlay program, accounting
software, the city’s generator, the conditions of roadways in the City, funding for salaries, stable
levy, deadline of 2024 for allocation, capital funds, investing in the City and its residents, park
funding impacting the entire community, previous City Hall project with many stating that the
expenditures were justified, Veterans Memorial, inability to expend funds equally to public safety
entities due to each cities infrastructure needs and abilities for the funding allocations and future
discussions pertaining to the funds.
4. Expenditure of Charitable Gambling Proceeds
Finance Director DeJong stated that the proceeds are regulated with expenditures being restricted
to certain uses. He reviewed the areas allowable for the funds to be expended to, stated that the
amount is $43,126.10 from 2020 and 2021, and recommended usage for parks and recreation
activities, Fete des Lacs, the Parks & Recreation Volunteer Recognition Program. He stated that
the budgeted amounts for the activities for 2022 is $26,950. He also stated that two light poles
were installed in LaMotte Park totaling $15,271. It was stated that a remainder of approximately
$1,000 would be held over for 2023.
Discussion ensued regarding scholarship funds for the Jr. Council Member Program at a level of
$1,500/annually, recognition of military service and giving money back to youth as the funds came
from the Hockey Association.
5. Preliminary General Fund Budget Update
Finance Director DeJong stated that three items have been modified since Council last reviewed
the preliminary General Fund Budget. He stated that the anticipated LGA has been reduced to
zero due to recent legislation, public safety (Centennial Lakes Police Department budgeted amount
– reduced by $2,030), development escrow fees and handling them through capital projects which
reduces expenditures by $45,000. He stated that the next effect is an increase to the tax levy
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Not Approved
required for a balanced budget of $970. He noted that this is a 3.7% higher than the 2022 certified
levy and reminded Council that due to new construction, the increase will be spread over a wider
tax base with most parcels experiencing a lower tax increase than the 3.7%. He reported that the
budget would be considered at the second meeting in September.
Mayor Love reminded the audience and Council that once the Preliminary Budget is approved, it
can be reduced but not increased. Finance Director DeJong concurred.
Discussion ensued regarding the formula used to calculate the Police budget, hiring difficulties,
etc.
III. ADJOURNMENT
Mayor Love adjourned the Work Session at 6:23 p.m. allowing for a short recess between
meetings.
COUNCIL MEETING
I. CALL TO ORDER
Mayor D. Love called the meeting to order at 6:30 p.m.
ROLL CALL
PRESENT: Mayor D. Love
Council Member Steve King
Council Member Russ Koski
Council Member Michelle Lakso
Council Member Darrin Mosher
Junior Council Member Danny Peterson (Non-Voting)
ABSENT: None.
STAFF: City Administrator, Mark Statz
Assistant City Administrator, Athanasia Lewis
City Attorney, Kurt Glaser
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 Staff has received a Public Comment form that was received for a
resident to address Council. He stated that it would be placed on the Agenda under
Appointments/Presentations, Item #2 and he desired to add under Old Business, Item #3,
Residential Tree Trimming.
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Motion by Council Member Lakso, seconded by Council Member Koski to Approve the
Agenda with the Noted Modifications. All in favor. Motion carried.
IV. APPOINTMENTS/PRESENTATIONS
1. Mr. Jim Boo – Interest in Block 7 Redevelopment
Mr. Jim Boo introduced himself to Council and stated that he was the developer for Bayview
Villas. He also introduced Mr. Kim Tram and his nephew, Mr. Carson Schifsky, stating that they
were his partners in this venture similar to other projects that they have completed in the state. He
stated that they are interested in developing the site, similar to that of the previous proposal by
Centra Homes. He noted the streetscaping and quality that is desired by Council and felt that they
would be able to deliver a good product within a certain price point as the market was not what it
was a year ago. He stated that Mr. Schifsky is representing Mr. Boo and Mr. Tram and is working
with Staff to enter into a purchase agreement with the City for the property.
Mayor Love thanked Mr. Boo and stated that the pending purchase agreement would be discussed
in Closed Session later in the meeting.
2. Mr. Jared Grawe, 7227 Clear Ridge
Mr. Grawe introduced himself to Council and stated that he appreciated the opportunity to address
Council and speak about the proposed Encroachment Agreement for his raised garden. He stated
that he desires for Council to be just and fair regarding their decision. He stated that he desires to
grow vegetables for his family’s use and to give to friends and neighbors. He stated that his
backyard is not suitable for a garden due to dense tree coverage with this being the best possible
location in his yard. He stated that he designed to raise garden to be modular and easily
removable. He stated that he was unaware of the easement in the front of the property but was
aware of the road right-of-way. He stated that the utilities that are in the road right-of-way on
effect his home and that the garden was modular for quick removal. Administrator Statz stated
that landscaping of 3’ and under is allowed in the front yard similar to a decorative fence. Mr.
Grawe stated that he has identified 98 properties with similar items in the front yard drainage/utility
easement or right of way. Mr. Grawe asked that the same level of enforcement be provided for his
proposed raised garden as the discussed similar violations. He requested that Council use their
best judgement as he has taken great care to design the raised garden for movability, aesthetics and
use.
Mayor Love noted that Mr. Grawe’s Encroachment Agreement would be considered later in the
meeting under Old Business, Item #1.
V. PUBLIC HEARINGS
1. None.
APPROVAL OF THE MINUTES
1. June 8, 2022 City Council Meeting Minutes
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Motion by Council Member Koski, seconded by Council Member Mosher to Approve the
June 8, 2022 City Council Meeting Minutes as Presented. All in favor. Motion carried.
VII. CONSENT AGENDA
1. City of Centerville Claims through August 24, 2022 (Check #35312-35349), (1932E-
1939E) & Voided Check #35318, 35340-35348
2. Centennial Lake Police Department Claims through August 18, 2022 (Check
#14433-14443), (E2022061-E2022063) & Payroll (Check #14431-14432)
3. Centennial Fire District Claims through August 23, 2022 (Check #9367-9371) &
Payroll (Check #9365-9366)
4. Corrpro Annual Maintenance Agreement
5. Res. #22- 0XX – Resolution Proclaiming Constitution Week (9/17-9/23/2022)
6. Encroachment Agreement – 1812 Laramee Lane (Fence)
7. Encroachment Agreement – 1699 Dupre Road (Fence)
8. Encroachment Agreement – 1658 Hunters Ridge Lane (Fence & Retaining Wall)
Mayor Love provided an opportunity for Council to add or pull any items for discussion.
Council Member King requested that Items #6, 7 & 8 be removed for discussion.
Motion by Council Member Koski, seconded by Council Member Lakso to Approve Consent
Agenda Items #1-5 as presented. All in favor. Motion carried.
Council Member King stated that the encroachment agreements addressed on the Consent Agenda
are for the same thing as what Mr. Grawe is ask for correct. Administrator Statz stated that they
differ as items are being placed in the drainage/utility easements in the side or rear yards and not
the front yard. Administrator Statz stated that just as a reminder that if items are placed in an
easement, and they need to be moved due to access into the easement by the City, the owners are
agreeing that it is their responsibility to remove or it is removed at their expense.
Discussion ensued regarding letters from abutting property owners, the agreement being recorded
and remaining on the property, setting precedence and procedures for replacement of the item.
Motion by Council Member King, seconded by Council Member Lakso to Approve
Consent Agenda Items 6-8 as presented. All in favor. Motion carried.
VIII. OLD BUSINESS
1. Encroachment Agreement – 7227 Clear Ridge
Administrator Statz explained that Mr. Grawe referenced landscaping in front yards that may or
may not be in easements or road right-of-ways. He stated that Mr. Grawe’s raised garden is not
similar but similar to that of a structure and more robust than blocks/rocks, etc. He reported that
in his tenure, no front yard encroachments in easements or right-of-ways have been approved and
he would advise against its approval as the City’s Engineer and Zoning Administrator. He
explained that it is fairly simple for Mr. Grawe to keep his raised garden if it is moved back
approximately 8 ½’.
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Discussion ensued regarding the structure/versus just a garden, the three previous encroachment
agreements that were approved for use in drainage/utility easements, Mr. Grawe’s request for the
raised garden to remain were installed due to the fact that if it were moved back, the amount of
sunlight that it would receive would be decreased due to the proximity to the garage, the two
utilities that are within the road right-of-way servicing his own home and if decreasing the size
and moving outside of the drainage/utility easement there would be no need for an encroachment
agreement.
Motion by Council Member Koski to not approve the landscape project as presented.
Additional discussion ensued, and Administrator Statz suggested that the motion should contain
denying the encroachment agreement based on the Engineers Findings.
Council Member Koski withdrew his previous motion.
Motion by Council Member Koski to Denying the Submitted Encroachment Agreement
Based on the Engineer’s Findings, seconded by Council Member Lakso.
Additional discussion ensued regarding moving the raised garden back without a need for an
encroachment agreement, gardens in the front yard, decreasing the size of the garden and moving
it back out of the easement and right of way.
All in favor - Mayor Love, Council Members Lakso, Koski and Mosher – Aye, Council
Member King – Nay. Motion carried (4/1).
2. Res. #22-0XX Accepting Bid - 2022 Thin Overlay Program & City Hall Parking Lot
Improvements
Administrator Statz stated that Council reviewed the bids at their previous meeting and that they
have two choices to either approve the bid with the understanding that it is approximately $100,000
over the estimate or rebid the project in early 2023. Additional research was requested by Council
and Ms. Schlegel spoke with the contractor who stated that their bid was lower due to the close
proximity of their plant to the City where as the other bidders were not as fortunate and found that
finding sub-contractors was difficult for the timing of the project. She briefly reviewed the
information contained in the packet. Administrator Statz stated that he would recommend
awarding the bid, as estimates were very conservative regarding curb replacement, etc.
Discussion ensued regarding processes if delaying the project and rebidding in the spring, ordering
public hearings, completion of another feasibility study, associated expenditures, bidding figures
being public information which could determine pricing in the future, importance of maintaining
roadways, the condition of the parking lot, ability to rebid parking lot as a stand-alone project with
the thin mill and overlay being a stand-alone project also, commencing some of the work in the
parking lot this season leaving only asphalting for next spring in an attempt to decrease costs, the
risks of pricing going up rather than down in the coming months, etc.
Motion by Council Member Lakso, seconded by Council Member Koski to Adopt Res. #22-
024 – Accepting Bid – 2022 Thin Overlay Program & City Hall Parking Lot Improvements
to Bituminous Roadways, Inc. as submitted.
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Additional discussion ensued regarding estimated costs would be in the future and a lot could
change, concerns regarding increase versus tax increase to residents, trusting leadership and the
unknown.
All in favor - Mayor Love, Council Members Lakso, Koski and Mosher – Aye, Council
Member King – Nay. Motion carried (4/1).
3. Residential Tree Trimming
Administrator Statz apologized for the item not being on the Agenda. He stated that annually, the
City trims trees 2’ on either side of trails/sidewalks and up to 8’ in height. He stated that the
seasonal workers trimmed a half dozen branches that were less than ½” in diameter of a tree in the
front yard of 1735 Dupre Road. He stated that the homeowners were appalled and came before
Council previously requesting a formal apology, suggesting formal notification prior to trimming
and funding for professional tree trimming to repair damage to their tree so that it was aesthetically
pleasing again. He reported that he and the Public Works Director inspected the tree and found
the trimming appropriate, well-rounded, not disfigured and was appropriate.
Discussion ensued regarding whether the tree was within an easement rather than a road right-of-
way, different avenues for notification to property owners (website, social media, etc.) so that they
may take care of themselves, taking photos prior to trimming and after trimming, consider training
of staff, setting precedence if paying damages, loss/damages have not been presented to Council
by the property owner, trimming to prevent public safety hazard for individuals utilizing
trails/sidewalks, not breaking any laws by trimming trees and damage to snow removal equipment
during the winter months.
Ms. Karen Francois, 1735 Dupre Road, stated that they spend approximately $1,000 - $1,500 each
time their arborist comes out in the fall to trim two (2) trees on their property. Administrator Statz
stated that Ms. Francois stated that $500 was acceptable for the damages incurred. Mayor Love
stated that damages/a loss has not been presented to date which did not justify payment. Ms.
Francois shared that they normally hire their arborist every other year and this was not the year.
She stated that they need to hire them now that the tree has been damaged. She also stated that
they have not been out as of yet and will be out once the leaves have fallen in the fall.
Motion by Council Member Koski, seconded by Council Member King to table consideration
of awarding damages until an opinion is given by the property owner’s arborist regarding
damages to the tree in the front yard prior to compensation. All in favor. Motion carried.
IX. NEW BUSINESS
1. Ordinance #124, Second Series – An Ordinance Establishing a Moratorium
Temporarily Prohibiting the Establishment of New Uses or the Expansion of Existing
Uses Related to Canabis and Nonintoxicating Cannabinoids (CBD) Sales, Testing,
Manufacturing or Distribution for a Period of One Year
Attorney Glaser stated that at Council’s last meeting they had an opportunity to meet one of his
partners, Mr. Scott Baumgartner, who is not the lead expert in Anoka County on Cannabis and its
newer state regulations. He stated that it is his understanding that Council determined the
appropriateness of researching ways to regulate the new legislature allow for sale of items that
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contain Cannabis for up to a period of one year with staff being directed to conduct a study or
studies to gather information for potential regulation of City Code, if determined to be appropriate
by Council to protect the citizens of Centerville.
Council Member Koski stated that the Planning & Zoning Commission recommended a
moratorium.
Jr. Council Member Peterson asked if the moratorium could be lifted prior to the one year. City
Attorney Glaser stated by Council action but generally a moratorium lasts a year.
Motion by Council Member Mosher, seconded by Council Member Koski to Adopt
Ordinance #124, Second Series – An Interim Ordinance Establishing a Moratorium
Temporarily Prohibiting the Establishment of New Uses or the Expansion of Existing Uses
Related to Cannabis and Nonintoxicating Cannabinoids (CBD) Sales, Testing,
Manufacturing or Distribution for a Period of One Year as presented.
X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS
1. Administrator/Engineer Report – Administrator Statz reported that Block 7 would be
discussed in Closed Session and that he was available to answer any questions.
Jr. Council Member Peterson reported that the high school students received their schedule the
previous day. He report that the starting dates are staggered for the different grades but school
would begin for some on September 7, 2022.
2. Council Reports
a. Lakso –
Parks & Recreation – No update was given.
Anoka County Fire Protection Council – No update was given.
b. Koski –
Planning & Zoning Commission – Council Member Koski reported that at the
Planning & Zoning Commission meeting of August 16, 2022 two new applicants
were interviewed for appointment, that Commission Kubat was named Chair with
the resignation of Commission Linda Broussard Vickers. He also reported that City
Attorney Glaser and City Planner Carlson were on hand to provide presentation
about the Open Meeting Law and Land Use.
Fire Steering Committee – No update was given.
c. King –
Economic Development Authority – Council Member King stated that the board
was given an update on the status of the website. He stated that the board met with
a contractor who provides market studies as the board is considering strategies for
the downtown area, marketing of properties, attracting national and regional
companies for growth.
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Fire Steering Committee – No report was given.
d. Mosher –
Economic Development Authority - No report was given.
Police Governing Board – No report was given.
e. Love - Mayor Love thanked both Linda Broussard Vickers and Nick Twohy for
their years of dedication service. He also thanked the City’s Election Judges for
the service at the Primary Election. He wished all Centennial students well with
the new year and the fall sports season.
North Metro Telecommunications Commission – No report was given.
Police Governing Board –No report was given.
Other Mayoral Reports – No report was given.
XI. RECESS REGULAR COUNCIL MEETING
Mayor Love read that the Closed Executive Session language as follows: This session is closed
to the public. The purpose of this closed session is to determine the asking price for real property
to be sold by the City, namely Block 7, in downtown Centerville; and to develop offers or
counteroffers for the sale of that real property. The Closed Session will be recorded for later review
and is authorized by Minn. Stat. §13D.05, subd. 3(c) prior to calling a recess of the regularly
scheduled meeting at 8:48 p.m. He stated that a five minute break would be recognized before
commencing the Closed Session.
XII. CLOSED EXECUTIVE SESSION
Mayor Love called the meeting to order at 8:53 p.m.
A roll call was taken that showed the following individuals in attendance: Mayor Love, Council
Members Lakso, King, Koski and Mosher, City Administrator Statz, Assistant City Administrator
Lewis and Attorney Glaser being present.
Discussion was had regarding negotiations associated with the selling of Block 7, in the downtown
area and a negotiated purchase agreement being agreed upon.
XIII. RECONVENE REGULAR COUNCIL MEETING
Mayor Love reconvened the regularly scheduled Council meeting at 9:24 p.m.
XIV. ADJOURNMENT
Mayor Love adjourned the regularly scheduled Council meeting at 9:24 p.m.
Respectfully submitted by City Clerk, Teresa Bender.
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