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HomeMy WebLinkAbout2023-01-25 CC WS, Meeting & Closed Exec. - Approved Approved CITY OF CENTERVILLE CITY COUNCIL WORK SESSION, CITY COUNCIL MEETING & CLOSED EXECUTIVE SESSION JANUARY 25, 2023 5:00 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council Work Session, City Council Meeting and a Closed Executive Session on January 25, 2023 in Council Chambers of City Hall and it also was live streamed by North Metro TV. COUNCIL WORK SESSION I. CALL TO ORDER Mayor D. Love called the meeting to order at 5:00 p.m. ROLL CALL PRESENT: Mayor D. Love Council Member Russ Koski Council Member Steve King Council Member Darrin Mosher ABSENT: None STAFF: City Administrator Mark Statz Assistant City Administrator Athanasia Lewis City Attorney Kurt Glaser II. ITEMS OF DISCUSSION 1. Council Candidate Interviews: Administrator Statz stated that both candidates that have submitted application of interest were present and participated in interviews. Both candidates were asked the same prescribed set of questions. a. 5:00 – Mr. Derrick Miedaner Mr. Miedaner introduced himself to Council and submitted a petition of support signed by 21 residents of Centerville. He answered the prescribed questions as asked by Council. Mr. Miedaner thanked Council for their consideration. b. 5:30 – Mr. David Kubat Approved City of Centerville WS, City Council & Closed Exec. Meeting Minutes January 25, 2023 Mr. Kubat introduced himself to Council. He stated that he currently served in the capacity of Chair of the Planning and Zoning Commission. He answered the prescribed questions as asked by Council. Mr. Kubat thanked Council for their consideration. 2. Discussion of Council Candidates Discussion ensued regarding the two interviewed candidates, the desire for additional perspectives and leaving the application process open for a longer period of time in an attempt to gain additional applicants. 3. Use of City Logo by the Public City Administrator stated that he has received several requests for City Logo apparel. He asked Council for their opinion regarding its public use and whether they wanted for anyone to have the ability to use it. Lengthy discussion was had and City Administrator Statz was directed to draft a policy for use of the City’s logo and research copy right/trademark procedures associated with the logo. III. ADJOURNMENT Mayor Love adjourn the meeting at 6:25 p.m. allowing for a five (5) minute break between meetings. COUNCIL MEETING I. CALL TO ORDER 6:30 p.m. Mayor D. Love called the meeting to order at 6:30 p.m. ROLL CALL PRESENT: Mayor D. Love Council Member Russ Koski Council Member Steve King Council Member Darrin Mosher Junior Council Member Rowan Shaw (Non-Voting) ABSENT: None STAFF: City Administrator Mark Statz Assistant City Administrator Athanasia Lewis City Attorney Kurt Glaser II. PLEDGE OF ALLEGIANCE Page 2 of 9 City of Centerville WS, City Council & Closed Exec. Meeting Minutes January 25, 2023 III. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. City Attorney Glaser requested that a Resolution for Adoption of an Escrow Agreement for CenterMart, 1801 Main Street be added under New Business Item #3. He stated that this would allow for an escrow to be placed either with the title company or the City ensuring that the structure was connected to the municipal water system as required by City Code. Motion by Council Member Koski, seconded by Council Member Mosher to Approve the Agenda as Submitted. All in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS 1. None V. PUBLIC HEARINGS 1. Public Assessment Hearing – 2022 Thin Overlay Project Administrator Statz reviewed the project, provided a staff presentation and stated that the purpose is to determine the appropriate amount to assess benefiting properties and obtain public input. He stated that the assessments were based off the estimate versus actual costs similar to years past. He also stated that the assessments were only for the Overlay Project and not the City Hall Parking Lot Project. He reported that a per lot fee ($650) was chosen rather than by linear footage for residential lots. He stated that there were 167 residential lots and 1571 total front-footage ($6.50/foot) with one multi-family, one institutional and four city owned parcels. He reported that the proposed assessments were $118,891.50 (including City owned properties) with the total assessable project costs being $535,000 (est. pre-project) which did not include the City Hall Parking Lot Project. He also reported that the percentage assessed equaled 22.2% with the City goal as being a minimum of 20%. Explained bonding requirements, past policy, not bonding for this project, etc. He explained that payoff would be allowed until November 15, 2023 without interest otherwise it will be assessed to property taxes for 2024-2026 at 5% interest. He reminded ndrdstnd Council that the project involved the Hunter’s Crossing 2 and 3 Additions, Pheasant Marsh 1, 2 rd and 3 Additions, Dupre Road – from Partridge Place to a point 200’ north of Center Street and Progress Road – north of Main Street. Discussion ensued regarding the proposed interest rate, not borrowing funds for the project and incurring interest associated with that, the City is losing value on borrowing or carrying that debt, the life cycle of the overlay being 15 years, a preventative maintenance program for roadways differing from a sealcoat project, 3-7 year lifecycle for seal coating and an estimated 17% of total cost of assessments to the actual costs of the project. Administrator Statz requested that Attorney Glaser discuss the process for appealing the assessment. City Attorney Glaser stated that either providing a written or verbal contest this evening or following this evening it needs to be filed within 30 days with the District Court. He requested that individuals that Page 3 of 9 City of Centerville WS, City Council & Closed Exec. Meeting Minutes January 25, 2023 thought that they may object could provide their name and address this evening which would reserve their right to object. Motion by Council Member King, seconded by Council Member Mosher to Open the Public Hearing at 7:02 p.m. All in favor. Motion carried. Mayor Love called for individuals that desired to speak regarding the item. Mr. Derrick Miedaner, 1659 Lakeland Circle, wanted to ask several questions about methodology $650 assessed to 167 parcels and their size. Administrator Statz stated that they all meet the minimum lot size, are zoned the same and minimum width at setback is equality. Mr. Miedaner stated that interest rate had been discussed, the need for parcel owners borrowing of money and City acting as lender, property size, property values and some may need to borrow. Ms. Angela Ghiloni, 1853 Partridge Place, appeared before Council and thanked them for explaining the project, she stated that her letter stated $600 and her biggest concern was the longevity of the overlay. She stated that comments were made that the longevity was 12-17 years, is that where the street is to look pretty brand new or when do cracks and potholes appear. City Administrator Statz stated that unfortunately with the freeze thaw cycle there will be cracking along with the thinner overlay. He stated that we have pretty good luck that not all cracks having been coming through. He also stated that the aesthetics may be degraded but not the structural. He stated that we would not expect potholes before the end of the duration of lifecycle. She stated that cracks have appeared and what was the guarantee. Administrator Statz stated that he would point to the Council’s history and if project fell apart and project went bad, Council would correct and not probably reassess. Not sure how you can guarantee this project. Mayor Love stated that the regular street maintenance program still takes place. Administrator Statz stated that crack sealing would take place to repair them. She asked how often and it was reported at least every other year with the City being very diligent. She asked if the City was charged for breaking sprinkler heads and having to replace them. Administrator Statz stated that he did not believe so and that he would research that issue. Mr. Mike Conkey, 1852 Partridge Place, appeared before Council and stated that it had been three months since the project finished and we are experiencing every cracked that was in the roadway prior and if not widened. He stated the concern was paying $650 is paying for a cracked road and where his concern is. Administrator Statz stated that he understood and to correct that would be a full pavement replacement which would be approximately five times the cost. He stated that it is expected that the cracks will reappear and understand the goal was to eliminate variations in the crown to improve drainage and preventative maintenance type of project. Mr. Conkey does not believe that it will last the 12-17 years like stated and does not believe/foresee that or solving a problem. Following a call from Mayor Love for individuals to address the Council on the item and no individuals taking advantage of the opportunity. Motion by Council Member Koski, seconded by Council Member King to Close the Public Hearing at 7:20 p.m. All in favor. Motion carried. Page 4 of 9 City of Centerville WS, City Council & Closed Exec. Meeting Minutes January 25, 2023 Discussion ensued regarding differing ways of calculating assessments, frontage versus ability to pay and unsure they relate. APPROVAL OF THE MINUTES 1. December 14, 2022 Work Session & City Council Meeting Minutes Mayor Love provided an opportunity to Council to make modifications if needed. Motion by Council Member Koski, seconded by Council Member King to Table the December 14, 2022 Work Session & City Council Meeting Minutes as Presented. All in favor. Motion carried. 2. January 11, 2023 City Council Meeting Minutes Mayor Love provided an opportunity to Council to make modifications if needed. Motion by Council Member Mosher, seconded by Council Member Koski to Approve the January 11, 2023 Council Meeting Minutes as Presented. All in favor. Motion carried. VII. CONSENT AGENDA Mayor Love provided an opportunity for others to add or delete any items. 1. City of Centerville Claims through January 25, 2023 (Check #35649-35683) & (2014E- 2018E) 2. Centennial Lake Police Department Claims through January 19, 2023 (Check #14608-14625), (E2023004-2023008) & Payroll (Check #14606-14607) 3. Centennial Fire District Claims through January 24, 2023 (Check #9432-9437) 4. Res. #23-0XX – to Excuse Council Absences 5. TruGreen Contract 6. Special Event Permit Application – Centerville Elementary PTA (Family Event – 5/21/2023, 11 a.m. – 7 p.m.) Mayor Love provided an opportunity for members to pull items for additional discussion. Council Member King desired to pull Item #4 for additional discussion. Motion by Council Member Koski, seconded by Council Member King to Approve Consent Agenda Items #1-3 and 5-6 as Presented. All in favor. Motion carried. Council Member King spoke with Administrator Statz regarding the item. He requested that Administrator Statz explain the City Code regarding meeting absences. He explained that a total of six meetings were missed by a Council Member with a deduction in pay of $50 for only one absence with the others being paid in full. He stated that staff would have fixed the error in the future if the Council Member remained on Council. Council Member King stated that the resolution does not state the reason Page 5 of 9 City of Centerville WS, City Council & Closed Exec. Meeting Minutes January 25, 2023 for excusing. Mayor Love stated that these were for 2022 and unless Council approves by vote to waive it. Council Member King felt that maybe the Code should be amended. Motion by Mayor Love, seconded by Council Member King to Adopt Res. #23-007 – Excusing Council Absences as Presented due to the Fact that the Council Member is no Longer Serving and the Change in Accounting Years from 2022 to 2023. All in favor. Motion carried. VIII. OLD BUSINESS 1. Vacation of Easement at 1844 Old Mill Court Administrator Statz reviewed the process and stated that at the previous Council meeting, a Public Hearing was held with no individuals appeared to be heard and that this evening is to approve the vacation contingent up the new recording of the new trail easement on the homeowner’s property with his prior permission and wishes. Motion by Council Member Mosher, seconded by Council Member Koski to Approve the Vacation of the Trail Easement on 1844 Old Mill Court Contingent Upon the Recording of a New Trail Easement as in the Sketch and Description as Presented. All in favor. Motion carried. IX. NEW BUSINESS 1. Appointment of Candidate to Fill Vacant Seat on City Council Mayor Love stated that earlier in the evening two (2) candidates were interviewed for the position. He stated that both candidates were very qualified but he stated that the Council did not want to rush into making a decision. Council wanted to offer a longer, open period for accepting applications along with additional advertising for the vacant seat. He stated that the Council would revisit at the next Council meeting. Motion by Council Member Koski, seconded by Council Member King to Table the Item. Administrator Statz asked Attorney Glaser whether the motion should/could contain language regarding when it would be again discussed. Attorney Glaser stated that only if it was part of the motion or someone wanted to make a friendly amendment to the motion on the table. He stated that it could stay open forever the way the motion was stated. All in favor. Motion carried. 2. Res. #23-0XX – Adopting the Assessment Roll for the 2022 Thin Mill & Overlay Project Administrator Statz stated that he was concerned about the letter and the resident stating that her letter stated $600. Attorney Glaser stated that it would be best to table this item to allow for additional research regarding the forwarding of the letter. Mayor Love stated that Council may consider adjusting the interest rate or other items for the next meeting. Page 6 of 9 City of Centerville WS, City Council & Closed Exec. Meeting Minutes January 25, 2023 Council Member King stated what the actual cost to the City versus bonding for it. Administrator Statz stated costs associated with certifying annually, mailings and are those tied to the debt service not necessarily. Attorney Glaser stated that the current rate is 3% and add additional for administrative fees. He stated that this is not a commercial loan where the rate is approximately 5.8-6% at the present time and actual cost to the City, we are not buying a bond but we are loaning City funds. Council Member King stated that he did not understand the City’s process and did not have a percentage in mind, but felt he did not want the City to make money. His intent was to recoup the City administrative costs and know for the future. Council Member Koski requested a process each time that we have assessments/thin mill overlays. Mayor Love stated that his understanding was we do not loaning out money over a three year term and the percentage is to buffer the loan versus collecting it. Council Member King stated that his understanding may be confusing but he wants to ensure that the City is whole along with residents are treated fair. Council Member Mosher had concern for whether cracking and the project was completed differently. Administrator Statz stated that we have neighborhood examples with other project, timing was different but specification should have been the same. Council Member Mosher stated that this would not be pushed under the rug and he wanted someone out there in the spring. City Administrator Statz reiterated that the City would continue to look at. Council Member Koski stated that it is not just those being assessed but every citizen of the citizen who bares the taxes paid. Council Member Mosher would like to know the procedures going forward (i.e., same results with cracks, streets maybe not needing the mill and overlay for maintenance on the schedule or needed, etc.). Mayor Love stated that we have several years without projects because they were not needed. Junior Council Member Shaw stated that he would like to see that the City follow through in the Spring. Ms. Ghiloni wanted to apologize if she made a mistake regarding the amount stated in her letter. Administrator Statz apologized that he was unable to see her specific letter to ensure the proper amount. Motion by Council Member King, seconded by Council Member Koski to Table the Item. All in favor. Motion carried. 3. Res. #23-0XX – Approving the Escrow Agreement for 1801 Main Street, CenterMart Attorney Glaser he apologized for the abrupt placement of the items on the agenda. He explained that the City will hold $18,000 in escrow for the municipal connection that is required per Code. He explained that there is a 150% overage for any issues. He stated that there was also a resolution that adopts the Escrow Agreement and authorizes the City Attorney to make minor modification. He stated that the City was informed that they were closing next week which is before the next meeting. Discussion ensued regarding the new buyer who will continue to run as a gas station and nothing that says they need to come to us to ask for a sale. Attorney Glaser stated that he was told that it would continue to be operational as is. Attorney Glaser stated that with the agreement the current owner is responsible for connection and the triggering event is the sale. Attorney Glaser stated that the code was derived from drain field language from state statute. Attorney Glaser stated that currently the ground is frozen and the connection cannot be completed. Administrator Statz stated that there is a Conditional Use Permit that runs with the land and a tobacco license. Administrator Statz stated that anything allowed by the Commercial Zoning can be sold/operation on the parcel. Page 7 of 9 City of Centerville WS, City Council & Closed Exec. Meeting Minutes January 25, 2023 Motion by Council Member Koski, seconded by Council Member Mosher to Adopt Res. #23-008 – Approving the Escrow Agreement for 1801 Main Street (CenterMart) as Presented and Revisions by the City Attorney as Needed. All in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator/Engineer Report – He stated that he would answer any questions regarding the submitted Administrator Report. He stated that the application process for the vacant Council seat would remain open until the next meeting. He reiterated that the Council is very pleased with the applicants this evening. Junior Council Member Shaw reported that it was the first day of the quarter. 2. Council Reports a. Vacant -  Parks & Recreation –  Anoka County Fire Protection Council – b. Koski –  Planning & Zoning Commission – Council Member Koski reported that it was held on the th 17 and that there was an open seat. He thanked Gloria Simmelink for her service. They appointed a Chair (Kubat) and a Vice-Chair. They discussed cannabis and how to proceed and outside storage.  Fire Steering Committee – Council Member Koski stated that it was the previous Thursday. Dan Retka was appointed as Chief and an Assistant was also appointed. Budget discussions were had and slightly over budget and a light over on revenue also with grants. He thanked Matt Montain for his diligence in being proactive. Discussion ensued regarding the types of calls that had been received along with Mutual Aid. Administrator Statz stated that the Mutual Aid area was increased allowing the departments to mesh and provide educational opportunities. Council Member King stated that the radios have been repaired. c. King -  Economic Development Authority – Council Member King stated that Tony Smith was sworn in and a lot of discussion was had regarding the downtown study.  Fire Steering Committee – Council Member King gave no report.  Parks & Recreation Committee – Council Member King gave no report. d. Mosher –  Economic Development Authority – Council Member Mosher gave no report.  Police Governing Board – Council Member Mosher gave no report. e. Love – Thanked various board members and for what they do and how much they do. He reminded the audience of the vacant seat. Chamber event at Kelly’s 4-6 Nash and Networking by the Rotary Club and give appetizers and cash bar. He stated that there was an event with a vehicle on fire and both public services did great by taking care of the fire and apprehending the criminals. He stated that with the recent NFL player who collapsed on the field he wanted to note Page 8 of 9 City of Centerville WS, City Council & Closed Exec. Meeting Minutes January 25, 2023 the need for education in defibrillators, their availability and learning CPR which can save lives as an event can happen at any time.  North Metro Telecommunications Commission – Mayor Love gave no report.  Police Governing Board – Mayor Love gave no report.  Other Mayoral Reports - Mayor Love gave no report. Mayor Love recessed the regularly scheduled City Council meeting at 8:30 p.m. allowing for a five (5) minute break before commencing the Closed Executive Session. XI. CLOSED EXECUTIVE SESSION – Block 7 The purpose of the closed session is to determine the asking price and to develop or consider offers or counteroffers for the purchase or sale of real or personal property to be sold by the government entity; namely the city owned portions of Block 7 of the Original Plat of Centerville. The Closed Session is authorized by Minn. Stat. §13D.05, subd. 3(c). All members of Council were present including Administrator Statz, Assistant Administrator Lewis and Legal Counsel Kurt Glaser. Mayor Love adjourned the Closed Executive Session at 9:01 p.m. and reconvened the City Council Meeting. XII. RECONVENED CITY COUNCIL MEETING Mayor Love reconvened the regularly scheduled Council meeting at 9:01 p.m. XI. ADJOURNMENT Mayor Love Adjourned the Regularly Scheduled Council meeting at 9:02 p.m. Respectfully submitted by City Clerk, Teresa Bender. Page 9 of 9