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HomeMy WebLinkAbout2024-06-24 CC WS & Meeting Minutes - Approved CITY OF CENTERVILLE WORK SESSION & CITY COUNCIL MEETING JUNE 24, 2024 Pursuant to due call and notice thereof, the City of Centerville held their Work Session and their regularly scheduled City Council Meeting on June 24, 2024, at 5:30 p.m. and 6:30 p.m. (respectively), in Council Chambers. The regularly scheduled meeting (6:30 p.m.) was live streamed by North Metro TV. WORK SESSION (5:00 PM) I. CALL TO ORDER Mayor Love called the meeting to order at 5:00 p.m. 1. Roll Call PRESENT: Mayor D. Love Council Member Russ Koski Approved Council Member Darrin Mosher Council Member Terry Sweeney Council Member Raye Taylor Junior Council Member Avery Sauber (Non-Voting) ABSENT: None STAFF: City Administrator, Mark Statz Assistant City Administrator Athanasia Lewis City Attorney, Kurt Glaser Finance Director, Bruce DeJong II. DISCUSSION ITEMS 1. Update on 2024-2025 Strategic Plan The council was provided with an update to the 2024-2025 Strategic Plan in their packet and they discussed the modifications including the Priority #1 and the costs associated with revising both the Master and Comprehensive plans. Discussion also ensued regarding obtaining feedback from the public during the revision period to both plans, adding an Ethics Policy and working with the Planning & Zoning Commission on both plans. Staff will modify the 2024-2025 Strategic Plan according to the discussions and it will appear before the Council soon. 2. EDA 2025 Proposed Budget EDA Finance Director, Mr. Tony Smith, appeared before Council and reviewed the proposed 2025 EDA Budget as presented in Council’s packet. Discussion ensued regarding a comparative of the years 2024 to 2025, funding being carried over from year to year and Staff would provide additional information to Council soon. City of Centerville City Council Work Session & Meeting Minutes June 24, 2024 3. Preliminary Budget Discussion Finance Director DeJong reviewed the presented memorandum contained in Council’s packet, he addressed their questions and stated that additional discussions would continue throughout the budgeting process. 4. Downtown Master Plan Discrepancies This item was discussed within the Update on 2024-2025 Strategic Plan item. III. ADJOURNMENT Mayor Love adjourned the meeting at 6:25 p.m. allowing for a 5-minute break prior to commencing Councils regular meeting. COUNCIL MEETING I. CALL TO ORDER Mayor Love called the meeting to order at 6:30 p.m. 1. Roll Call PRESENT: Mayor D. Love Council Member Russ Koski Council Member Darrin Mosher Approved Council Member Terry Sweeney Council Member Raye Taylor Junior Council Member Avery Sauber (Non-Voting) ABSENT: None STAFF: City Administrator, Mark Statz Assistant City Administrator Athanasia Lewis City Attorney, Kurt Glaser Associate Attorney, Hannah Spencer III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF AGENDA Mayor provided an opportunity for others to add or delete any items. Motion by Council Member Taylor, seconded by Council Member Mosher to Approve the Agenda as stated above. All in favor. Motion carried. IV. APPOINTMENT/PRESENTATION Page 2 of 8 City of Centerville City Council Work Session & Meeting Minutes June 24, 2024 1. None. V. PUBLIC HEARING 1. None. VI. APPROVAL OF THE MINUTES 1. May 22, 2024, City Council Work Session & Meeting Minutes Mayor Love provided an opportunity for Council to make modifications if needed. Council Member Sweeney requested that the word “either” be changed to “other” in the first sentence on page 4, the word “addition” be changed to “additional” within the third paragraph under IX. New Business, Item #1. Motion by Council Member Koski, seconded by Council Member Taylor to Approve the May 22, 2024, City Council Work Session & Meeting Minutes with the Above Stated Amendments. All in favor. Motion carried. 2. June 12, 2024, City Council Meeting Minutes Mayor Love provided an opportunity for Council to make modifications if needed. Council Member Sweeney requested that Council Member “Mosh” be changed to “Mosher” in the fourth paragraph, third sentence, that under Jr. Council Member Sauber’s report the work “second” be changed to “sectional” and that “made state” and remove “had several individuals go to state along with Track & Field”. Mayor Love requested that the paragraph following the audience comments be reworded. The minutes were modified as follows: He stated that the Council and the Planning & Zoning Commission may place additional items on their upcoming agendas that address some of the concerns that were discussed this evening.” Motion by Council Member Sweeney, seconded by Council Member Mosher to Approve the June 12, 2024, City Council Meeting Minutes with the Above Stated Amendments. Council Member Koski abstained. Motion carried. VII. CONSENT AGENDA 1. City of Centerville Claims through June 24, 2024 (Checks #36818-36849, E2256-E2260) 2. Centennial Lakes Police Department Claims through June 20, 2024 (Checks #15271-15287, E2024048-2024051 & Payroll Check 15268-15270) 3. Centennial Fire District Claims through June 25, 2024 (Checks #9729-9734, E240007 & Payroll Check #9727-9728) 4. Res. #24-0XX – Accepting a Donation to the City – Michael Giovinazzo Agency, Inc. Page 3 of 8 City of Centerville City Council Work Session & Meeting Minutes June 24, 2024 Mayor Love provided an opportunity for members to pull items for additional discussion. Mayor Love personally thanked Mr. Giovinazzo for the donation and stated that he was a previous member of the EDA. Motion by Council Member Taylor, seconded by Council Member Sweeney Approve the Consent Agenda as presented. All in favor. Motion carried. VIII. OLD BUSINESS 1. Res. #24-0XX - Addressing Alcohol & Tobacco Sale Violations – Center Market Associate Attorney, Hannah Spencer, BBG, LLC, introduced herself to Council, stated that she generally handles most of the City’s prosecution in court on the criminal side and provided a background of events regarding the issue. She stated that on November 10, 2023, Center Market failed an Alcohol and Tobacco Compliance Check by selling alcohol and tobacco to an underaged decoy. She stated that criminal charges were placed on Mr. Gurung who was present this evening in the audience. She stated that he resolved his criminal charge and that he received a Stay of Adjudication. She explained what a Stay of Adjudication meant, (suspension or deferral of the charge) along with being placed on probation; if he successfully completes probation, he will then have the opportunity to have the case dismissed to avoid conviction). She stated that he paid a $500 fine, and all owners of the establishment participated in training with the Centennial Lakes Police Department. She stated that the fine and training were factored into the disposition of the criminal case. She stated as far as the civil matter for the violations, the City Code authorizes a fine and 5-day suspension for an alcohol violation. She stated that he appeared in court and proactively completed their training and took no further action regarding the alcohol violation. She stated that the City Code authorizes a fine to be imposed in accordance with the fee schedule of $250. She also stated that she is recommending the Resolution contained in the packet for consideration of a fine being imposed of $250 and no further action to be taken on the matter. Discussion ensued that it seemed fair and a question was raised as to why a resolution was needed if it was contained in the City’s Fee Schedule. Ms. Spencer stated that the City Code required that it be handled through a resolution. Mayor Loved asked about the 5-day suspension along with the fine but they both were handled in court. Ms. Spencer stated that Council is authorized to deviate from imposing both a fine and suspension and it was felt that the owners were proactive and completed training and appeared in court. Mayor Love asked if Council could also deviate from the $250 fine. Ms. Spencer stated that the language in the City Code regarding tobacco violations stated, “shall impose”. Motion by Council Member Taylor, seconded by Council Member Sweeney to Adopt Res. #24-011 as Presented. City Attorney Glaser stated that Mr. Gurung was in the audience and asked if the Council wished to speak with him about the matter. Council Member Taylor asked if Mr. Gurung wanted to make any statements. Ms. Spencer stated that she had discussed the matter with Mr. Gurung prior to the meeting and he stated that he would be in attendance of the meeting. Mayor Love addressed Mr. Gurung asking if he desired to address the Council regarding the matter and Mr. Gurung replied “No, he was good”. All in favor. Motion carried. Page 4 of 8 City of Centerville City Council Work Session & Meeting Minutes June 24, 2024 IX. NEW BUSINESS 1. 2023 Audit Presentation & Acceptance Mr. Brad Falteysek, CPA-Abdo Solutions, introduced himself to Council and reviewed the City’s 2023 Audit. He stated that the auditor’s opinion is that the City had a clean audit. Finance Director DeJong thanked Senior Account Clerk Sweeney for her dedication and assistance during the financial period. Mayor Love thanked Mr. Falteysek for attending this evening. Motion by Council Member Sweeney, seconded by Council Member Koski to Accept the 2023 Audit as presented. All in favor. Motion carried. st 2. 1 Reading – Ordinance #XXX Erosion Control Administrator Statz stated that it was the first reading of the proposed ordinance which had to do with the City’s permit through the Minnesota Pollution Control Agency for discharge of stormwater. He stated that the permits consist of six minimum control measures and two of them are addressed via ordinance with them needing to be brought up to date by July 31 of this year. He stated that staff recommends repealing the existing Chapter 157: Erosion Control and adopting a new Chapter 157: Erosion Control proposed which was a model ordinance rather than a City customized ordinance. He stated that the two issues that needed to be addressed were minimum control measures #4 and 5 (erosion and sediment control) along with design of storm ponds. He stated that no action was needed at this time as a second reading would be had at their next meeting. 3. Peltier Estates – Preliminary Plat, Conditional Use Permit (CUP) for a Planned Unit Development (PUD) Administrator Statz stated that this is the third time that the property owners (Sharper Homes) have filed applications, public hearings were held, they appeared, the Planning & Zoning Commission recommended approval with the next steps working on a Developer’s Agreement and a few other ancillary documents. He stated that the city had not heard from them. He stated that staff had made numerous attempts via phone, correspondence, email, etc. to no avail. He stated that he believed that the city could draft a Developer’s Agreement on their behalf, but it would make no sense to work on the document without their input. He reminded Council of the time requirements and extensions that have been afforded the applicants required by law and the requests for extensions that the city has requested. He also reminded them that without action, it would automatically be approved without conditions by law and believed that would not be wise on the City’s part. Attorney Glaser stated that he felt that it was important to base the decision on the areas that remained unfilled by the developer and to point out items that needed to be pointed out. He stated that the Council would be changing zoning and how the land would be operating under zoning and recommended denial as their package is incomplete as they have not finalized a Developer’s Agreement or terms on both the Planned Unit Development and Conditional Use Permit. He stated that those items are where the city can legitimately reject zoning applications safely without other reasonings being arbitrary and Page 5 of 8 City of Centerville City Council Work Session & Meeting Minutes June 24, 2024 capricious. He stated that it is known that the plan needs additional work to be completed along with the grading plan, emergency vehicles had limited access for some of the homes within the development and enough in terms of denial (plans incomplete, grading plans incomplete, the developer’s agreement was incomplete and a that due to it being an Homeowners Association and no documents regarding same for the Planned Unit Development and for those reasons he recommended denial of their applications and stated that they could come back again if they desire. Discussion ensued regarding the extension process being that Sharper Homes was the only one that could request an extension and whether their applications be denied by or slightly before the automatic approval date of July 7, 2024. Additional discussion ensued regarding the denial of applications contingent upon receiving a request from them July 5 and Administrator Statz stated that he would recommend that. Motion by Council Member Sweeney, seconded by Council Member Koski to Deny Submitted Application of Preliminary Plat & Conditional Use Permit for a Planned Unit Development by Sharper Homes Contingent upon Receipt of a Written Request Prior to July 5, 2024, to Extend the Review Period. Discussion ensued regarding the methods of contact with Sharper Homes and Assistant Administrator Lewis stated via email and telephone call. Administrator Statz and City Attorney Glaser stated that they both have attempted to contact Ms. Clark, Sharper Homes, on numerous occasions to no avail. City Attorney Glaser asked that the reasons for denial be contained in the motion. Council Member Sweeney made a friendly amendment to his motion containing “based on the fact that the required documents to complete the entitlement process as detailed in the correspondence have not been received” Council Member Koski accepted the friendly amendment. Council Member Koski asked what the processes for the developer to go forward with the development if they failed to contact the city. City Attorney Glaser stated that they would need to commence the entire process again. Administrator Statz asked Attorney Glaser whether the denial would exclude them from re-application for a period. City Attorney stated that it may and that he would research the issue. Mayor Love asked whether there were expenditures that the City has been unable to pass through to them and City Attorney Glaser stated that the City does have escrow funds. All in favor. Motion carried. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator/Engineer Report – Administrator Statz stated that his report was contained in the packet and that he would be happy to address any questions from the Council. He provided the Council with a brief review. Assistant City Administrator Lewis gave a brief update of the Centerville Cares article that was contained in the report. City Attorney Glaser stated that the Council will be seeing Ms. Hannah Spencer again in the Fete des Lacs parade. Jr. Council Member Sauber reported that school was out, the Girls Lacrosse team had their banquet, and the Boys Football practices are in full swing. Page 6 of 8 City of Centerville City Council Work Session & Meeting Minutes June 24, 2024 2. Council Reports a. Taylor – (i) Economic Development Authority – Council Member Taylor gave no report. b. Koski – (i) Planning & Zoning Commission – Council Member Koski gave no report. (ii) Fire Steering Committee – Council Member Koski gave no report. c. Sweeney - (i) Fire Steering Committee – Council Member Sweeney gave no report. (ii) Parks & Recreation Committee – Council Member Sweeney gave no report. (iii) Fire Protection Council – Council Member Sweeney gave no report. d. Mosher – (i) Economic Development Authority – Council Member Mosher stated that he felt that it was discussed with the EDA 2025 Proposed Budget discussions at the Work Session. (ii) Police Governing Board – Council Member Mosher gave no report. e. Love – (i) North Metro Telecommunications Commission – Mayor Love reported that the North Metro Sports Team completed their documentary on the Centennial football season and their champion season. He stated that it was worth watching. He also reported that the community outreach video had been completed for the Blaine Police Department. He stated that the annual Guns and Hoses hockey game had been recorded. He also stated that a new series about Student of the Month and that they would be picking students from the three schools that are covered in the Centerville area. He reported that a production had been completed with the Anoka County Historical Society to produce the “Norwegian Church” a special program which contained a tour of Ham Lake’s historic Glen Cary Cemetery with the completion of a Lino Lakes Fire Department recruitment video. He stated that the Commission had received their first quarter PEG/Franchise Fees with the PEG fees being slightly less than expected and the Franchise Fees being right around expectations. He also reported that the Commission is no longer in debt with their HD bond being paid off. He also stated that the Commission was completing services for Fridley as the agreement was approved to do so. He stated that a recent Special Meeting had been held by the Commission to determine whether the Commission would work with another organized Commission and that it was a tied vote and then an additional motion was made which passed and another motion was made to allowing Commission staff to research alternatives which passed, the Commission approved the Code of Conduct/Rules of Decorum and the 2025 Budget was approved. (ii) Police Governing Board – Mayor Love gave no report. (iii) Other Mayoral Reports – Mayor Love gave no report. XI. ADJOURNMENT Motion by Council Member Taylor, seconded by Council Member Sweeney to Adjourn the Council Meeting of June 24, 2024, at 7:39 p.m. All in favor. Motion carried. Page 7 of 8 City of Centerville City Council Work Session & Meeting Minutes June 24, 2024 Respectfully submitted by City Clerk, Teresa Bender. Page 8 of 8