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HomeMy WebLinkAbout2023-08-09 CC Minutes - Approved Approved CITY OF CENTERVILLE CITY COUNCIL MEETING AUGUST 9, 2023 Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council Meeting on August 9, 2023, in Council Chambers and the meeting was live streamed by North Metro TV at 6:30 p.m. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. CALL TO ORDER Mayor Love called the meeting to order at 6:30 p.m. ROLL CALL PRESENT: Mayor D. Love Council Member Russ Koski Council Member Darrin Mosher Council Member Raye Taylor Council Member Steve King Junior Council Member Rowan Shaw (Non-Voting) ABSENT: City Attorney, Kurt Glaser STAFF: City Administrator, Mark Statz Finance Director, Bruce DeJong Assistant City Administrator, Athanasia Lewis Public Works Director, Paul Palzer III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. Administrator Statz added to Consent Agenda, Item #1., City of Centerville claims through August 9, 2023, Check #36124, Ms. Deb Berret, Music In The Park performance. Motion by Council Member Koski, seconded by Council Member Mosher to Approve the Agenda with the noted addition. All in favor. Motion carried. IV. APPOINTMENT/PRESENTATION 1. Chief James Mork – Centennial Lakes Police Department Annual Report (2022) City of Centerville City Council Meeting Minutes August 8, 2023 He reviewed the Annual Report contained in the packet with Council, accepted questions from Council and addressed them accordingly. Council thanked the department for their services, the budget, receiving value for what is being accomplished, stating that interactions with public has been wonderful, the Centerville Lions winning the Kickball Contest for Fete des Lacs, the validity of the report and the Council’s attempt to help individuals with and without the City due to approach as “leaving the scene better than when arrived”. Mayor Love addressed a large facility coming into the community and the possibility of calls increasing. Chief Mork stated that they would continue to work with the facility and monitor calls. V. PUBLIC HEARING 1. None VI. APPROVAL OF THE MINUTES 1. June 28, 2023 City Council Work Session & Meeting Minutes Mayor Love provided an opportunity to Council to make modifications if needed. Council Member Koski noted that the Works Session stated that they were approved. Motion by Council Member Koski , seconded by Council Member Taylor to Approve the June 28, 2023, City Council Work Session & Meeting Minutes as presented. All in favor. Motion carried. 2. July 12, 2023 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 Approve the July 12, 2023, Council Meeting Minutes as presented. All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville Claims through August 12, 2023 (Check #36089-36124), (2110E- 2114E) & (Voided Checks #36079, 35740 & 34764) 2. Centennial Lake Police Department Claims through August 3, 2023 (Check #14869- 14881), Payroll (Check #14867-14868) & (2023057E) 3. Centennial Fire District Claims through August 8, 2023 (Check #9542-9549) 4. Letter of Support – Centerville Lake Water Quality Project 5. Water Tower Coating Inspection Contract 6. Purchase & Install a Park Bench in Eagle Park Mayor Love provided an opportunity for members to pull items for additional discussion. Council Member King requested that Item #4 be removed for additional discussion. Page 2 of 8 City of Centerville City Council Meeting Minutes August 8, 2023 Motion by Council Member Mosher, seconded by Council Member Taylor to Approve 1, 2, 3, 5 & 6 as presented. All in favor. Motion carried. Council Member King requested additional clarification regarding RCWD and what they were looking for from the City. Administrator Statz stated that they are looking to delist Centerville Lake from the listings of impaired lakes and lengthy discussion ensued regarding previous alum treatment of the lake, internal loading, wanting to treat the lake again and cost versus effectiveness and length of the proposed treatment. Council Member King had concern that Peltier Lake was backloading Centerville Lake. Administrator Statz stated that a recent study indicated that only with large rainstorms was that an flows between the two lakes posing a 2-3% problem with the quality of the water in Centerville Lake. Discussion of other water entering the lake from streams/creeks, listing Peltier Lake for potential for funding treating, differences in cleaning either lake with their depths, etc., previous drawdown of Peltier Lake, invasive plants, jurisdiction of treating, permits to treat, treatment being stronger than the previous treatment, one million dollars to treat, possibility of taxing district for abutting homeowners/property owners, concern for support implicating monetary intentions, value of the asset in the community, public education regarding fertilizer/grass clippings, etc. Motion by Council Member King, seconded by Council Member Taylor to approve of the submittal of the presented letter of support. All in favor. Motion carried. VIII. OLD BUSINESS 1. Capital Replacement Purchases for 2023 Administrator Statz stated that State bid system has changed in the past year and it is anticipated that it will open September 1. He stated that staff is looking to replace three vehicles per the Request for Council Action form submitted in the packet. He stated that the authorization would be to purchase three vehicles not exceeding the amount included in the Capitial Improvement Plan (CIP) plus 20%. Lengthy discussion ensued regarding all possibilities for replacement (i.e. replacing the oldest, changing models/manufacturers, effects on budget if the need to increase purchases by 20%, re-evaluating the contributions to the CIP if unable to obtain at amounts budgeted, potential for major repairs for existing vehicles in the near future, resale value of the existing vehicles, allowing for a larger transfer into the fund, replacing a ½ ton with a ¾ ton and correcting the course of inflation). Public Works Director stated that previously offering the vehicles for sale was slightly time consuming, the plow was pretty beat up and selling plows by themselves did not fair well as the year vehicle needed to match the connections for the plow. Motion by Council Member Mosher, seconded by Council Member Taylor to Approve the Scheduled Replacement Vehicles as Shown in the Capital Improvement Plan (CIP) if Within 20% of the Listed Price as Presented. All in favor. Motion carried. 2. Backyard Drainage Project Policy Page 3 of 8 City of Centerville City Council Meeting Minutes August 8, 2023 Administrator Statz explained that the items have been placed before Council in the past, that there was a policy dated 2013 that has not been utilized, the City has received three requests (i.e., one stand-alone and one involving two abutting homeowners). He stated that the existing policy refers to groups and not individual properties, annual limitations for the program ($10,000) and it also addressed a specific interest rate rather than market rate. Administrator Statz stated that contained in the packet was a Resolution for a new policy addressing the groups/individuals, annual limitations of $20,000, interest rate, inclusion of Council input and responsibility for installed infrastructure. Mayor Love stated that the discussion will be directed on the policy at this point rather than the projects. Discussion ensued regarding whether owners would be signing waivers, understanding their continued responsibilities and assurance of legitimacy. Administrator Statz stated that the policy was drafted by the City Attorney, requirements of submittals from the contractor prior to the homeowner receiving reimbursement, assessing the remaining 75% of project costs, annual limitation not to bankrupt the Storm Water Fund, additional agency approvals (DNR, RCWD, EPA, etc.), work is City involvement only, City Engineer and Public Works Director determining new projects and proper drainage, every project being different (i.e., ability to walk on grass without water, etc.). Additional discussion ensued regarding the issuance of a Right of Way permit authorizing work which would require review by staff, the right to deny a project, tightening up language regarding esthetic reasons versus drainage, $5,000/property and $20,000 annually, designating the property unusable and approval by City Official addressing inadequate drainage. Attorney Glaser addressed that the City has the right to reject any project, stated that additional language could be added to the proposed resolution stating so, based on neutral policy and following the goals of storm water drainage policy. Motion by Council Member Mosher, seconded by Council Member Tyler to Table Res. #23-0XX - City Participation in Resolving Private Storm Drainage Problems - "Storm Drainage Grant Program" as presented. Discussion ensued regarding giving money to a project that may make an issue for someone else, who would be determining the issue and remedy, who is diagnosing, additional clarification in language contained in the proposed policy, if the City was designing the project then that could make the City liable, accepting and rejecting language being added to the proposed policy and an opportunity for additional discussion at a Work Session. Mayor Love called for further discussion. Mr. & Mrs. Alex Haffke, 6908 Oak Circle, presented Council with a presentation which contained information regarding their backyard and drainage concerns with standing water and water in their basement, mosquito breeding and it not just being their individual problem but a neighborhood problem. Mr. Haffke stated that a large portion of their backyard is unusable, that out of six neighbors his property grade is the lowest with all of those properties draining into his yard, the previous owners of the home also pumping to alleviate standing water and their wishes to add draintile to the existing City owned catch Page 4 of 8 City of Centerville City Council Meeting Minutes August 8, 2023 basin located in the rear of an abutting property which would then divert the same stormwater from entering someone else’s property. Mayor Love thanked Mr. & Mrs. Haffke for sharing their concerns, proposed project and assisting Council in their decision. Mayor Love called for further discussion. Administrator Statz stated that one of the applicants from the Widgeon Circle proposed project was in attendance and would also like to speak. Mr. Steve Eckert, 1605 Widgeon Circle, thanked City Administrator Statz for appearing at their residence numerous times, wanting to work with the City, yard has a culvert and cattails, flow is not continuing down the neighborhood where one neighbor has removed cattails on their own and potentially filled the yard without City approval. He stated that their intent is to remain in Centerville and correct the current drainage issues and his neighbor Mr. Nick Twohy understand that the City is not correcting but we are with our contractor. Council Member Taylor stated that council is tabling the policy and ensure that the policy will fit all residents. All in favor. Motion carried. 3. Backyard Drainage Projects a. Widgeon Circle Backyard Drainage i. City Participation ii. Encroachment Agreement iii. Assessment Agreement Mayor Love stated that the Widgeon Circle proposed project is a group and questioned whether Council could consider under the existing policy. Council Member Taylor questioned whether amounts being considered in the new policy would affect the homeowners if action was taken this evening on their agreement/project. Administrator Statz stated there would be no difference as the old policy and new policy discuss a cap of $5,000/parcel. He also stated that previous discussion regarding the neighbor that completed work without permits was charged with a crime. Mayor Love asked Administrator Statz if he would deem these two properties unusable and he stated yes. However, Council Member Mosher stated from the rear of the home to the lot line. Administrator Statz stated that the homeowner stated that the only project in the packet is for only the areas that are unusable not the entire yard and he has completed an entire project excluding this area. He stated that he would prefer that no action be taken on any of the project at this time until the policy is approved. Council Member Koski stated that he has faith in City Staff who are approving these projects. Mayor Love stated that he would be comfortable approving these projects from the 2013 Policy. Motion by Council Member Taylor, seconded by Council Member Mosher to Table the Widgeon Circle Backyard Drainage Project. All in favor. Motion carried. b. Oak Circle Backyard Drainage i. City Participation Page 5 of 8 City of Centerville City Council Meeting Minutes August 8, 2023 ii. Encroachment Agreement iii. Assessment Agreement Motion by Council Member Taylor, seconded by Council Member Mosher to Table the Oak Circle Backyard Drainage Project. Council Member Koski stated that he visually inspected 6908 Oak Circle, felt that they had a hardship, they were applying individually and not as a group, that their issue was from another development and developer and that the City should make the error correct. He advised member of Council to also inspect the property to fully understand their situation. All in favor. Motion carried. IX. NEW BUSINESS 1. Centennial Fire District Proposed 2024 Budget Administrator Statz stated that the proposed budget was adopted by the Fire Steering Committee, was on a previous agenda but it was removed as the City of Circle Pines reworked the budget documents which clarified the Capital Fund contribution and funding from Public Safety Legislation ($65,300, City of Circle Pines and $51,357, City of Centerville) and is now adequately showing those funds. Administrator Statz stated that most of the increase is covered by the Public Safety Legislation, but all costs have increased, and he felt the partnership with Spring Lake Park/Blaine/Mounds View will pay off and considering less trucks and stations. He stated that SBM is looking at cost saving methods for revamping vehicles versus purchasing/availability. Mayor Love stated that he thought the City of Circle Pines had a population of 5,000 and both the City of Centerville and Circle Pines populations were estimated high from the Metropolitan Council and Census numbers came in less than the estimates. Discussion ensued regarding the one-time funding from the legislature, capital outlay and consideration during City budget discussions regarding levy increases to soften large spikes for equipment and maintenance, the Joint Powers Agreement formula and Administrator Statz stated that he would like to have discussions regarding the formula going forward. Motion by Council Member Koski, seconded by Council Member King to Adopt the Centennial Fire District Proposed 2024 Budget as Presented. All in favor. Motion carried. 2. Ordinance #XX, Second Series – Revising Chapter 91, Nuisances; Cannabis Use in Public Attorney Glaser stated that currently, the only regulation that would pertain to the use of cannabis in public would be the Minnesota Clean Indoor Air Act which covers prohibiting cannabis smoking in establishments. He stated that this goes on a prevention standard, would not allow usage in public places except for private residences (curtilage/yard), private property and premises of an establishment or an event licensed that permit the onsite use of cannabis. He stated that this is to prevent secondhand smoke and the potential for addiction. Mayor Love thanked for Staff’s diligence in drafting an ordinance so promptly. Administrator Statz stated that other cities were also adopting similar ordinances which also contained language prohibiting smoking Page 6 of 8 City of Centerville City Council Meeting Minutes August 8, 2023 in public place and that it was felt that the City would address that issue later, rather than delaying this action. Discussion ensued regarding citing versus providing education, the ability to modify due in the future as more regulations/State Laws will be coming in the next year and a half regarding sales regulation, it currently being legal to possess and protecting residents now during festivals, at parks, etc. Motion by Council Member Tayor, seconded by Council Member Mosher to Adopt Ord. #130, Second Series, Revising Chapter 91, Public Nuisances - Cannabis Use in Public. All in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator/Engineer Report – Administrator Statz stated that he forwarded his Administrator Report earlier in the day and that he would be happy to address any questions. He briefly reviewed the th report for Council and answered several questions regarding the 20 Avenue Study. Assistant City Administrator Lewis asked if Council had not already responded to dates of availability for the Council Work Shop to please do so. She stated that most available times are from 10 a.m. to 2:00 p.m. She stated that the implementation had been scheduled for the first meeting in September. Council Reports Junior Council Member Rowan gave no report. City Attorney Glaser reported that his office has been working with the new officers and exciting to see the department grow. a. Taylor –  Parks & Recreation - Council Member Taylor gave no report. b. Koski –  Planning & Zoning Commission – Council Member Koski stated that he attended the Planning & Zoning Commission meeting where there were discussions regarding medical facilities and accessory structures.  Fire Steering Committee – Council Member Koski stated that he attended the meeting on July 20, 2023 where discussions were had regarding the Fire District budget. c. King –  Economic Development Authority – Council Member King gave no report.  Fire Steering Committee – Council Member King gave no report.  Parks & Recreation Committee – Council Member King gave no report.  Fire Protection Council – 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. Page 7 of 8 City of Centerville City Council Meeting Minutes August 8, 2023  Parks & Recreation Committee - Council Member Mosher stated that he attended the meeting, he was unaware that Amazon provided a sizable amount to the Parks & Recreation funding, and that he had expressed interest in lighting Acorn Creek Park. Administrator Statz stated that Amazon provided funding in lieu of installation of a trail along Fairview Street ($75,000) and approximately $1XX,XXX for trees that they were required to install but did not have space to do so. Mayor Love requested that the Committee discuss electric vehicle charging station installation with park parking lots. Council Member Taylor stated that the item had been before them, and they were not in favor of installation in park parking lots. e. Love – Mayor Love stated that attending the Fete des Lacs wrap-up meeting, well run by Administrator Statz, that it was a great meeting and suggested that if anyone had suggestions to contact Administrator Statz. He thanked the public safety staff for Night to Unite and stated that he attended one of the gatherings. He stated that he had received a suggestion of the installation of a municipal pool from a resident and that he would forward the request to the Committee. He also encouraged the individual’s involvement in serving on the Committee. He also reported that he forwarded a formal Thank You to the Centennial School Superintendent and High School Principal for their participation in our Jr. Council Member Program in recommending individuals to serve, the importance of their involvement and the collaboration/involvement of each entity in receiving the recent League of MN Cities Award for the program.  North Metro Telecommunications Commission – Mayor Love gave no report.  Police Governing Board – Mayor Love stated that there would be a meeting on Monday where officers would be sworn in, Life Saver awards would be provided to those that earned them throughout the year and then discussions regarding the budget.  Other Mayoral Reports – Mayor Love gave no report. XI. ADJOURNMENT Motion by Council Member Taylor, seconded by Council Member King to Adjourn the Regularly Scheduled Council Meeting of August 9, 2023, at 9:50 p.m. All in favor. Motion carried. Respectfully submitted by City Clerk, Teresa Bender. Page 8 of 8