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HomeMy WebLinkAbout2024-08-28 CC WS & Meeting Minutes - Approved CITY OF CENTERVILLE WORK SESSION & CITY COUNCIL MEETING AUGUST 28, 2024 Pursuant to due call and notice thereof, the City of Centerville held their Work Session prior to their Regularly Scheduled Council Meeting of August 28, 2024, commencing at 5:00 p.m. The Council held their regularly scheduled City Council Meeting at 6:30 p.m., 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. Park Playground Equipment Replacement Plan Administrator Statz reviewed the information that was provided in Council packet. He reported that the Parks & Recreation Committee recommended approval of the Plan and contained in their motion they added language to find a way to accelerate the schedule, if possible. Discussion ensued regarding needed upgrades, timelines, funding, community pride, usage numbers, providing an additional $100,000 from the General Fund to assist in expediting replacement, etc. 2. 2025 Preliminary Budget & Tax Levy Finance Director DeJong reviewed his memorandum that was contained in Council Packet and highlighted that there was an anticipated decrease in revenue of approximately $196,501 due to a grant for public safety from the prior year and the loss of Local Government Aid. Finance Director DeJong stated that he anticipated a 7.5% increase in the tax levy which would be approximately a 2.8% increase in city taxes on a typical home in Centerville or less due to new properties coming on the tax rolls. Finance Director DeJong stated that the budget increase was approximately 3-4% for 2025 and that he had recently attended a Government Finance Officers’ meeting where most communities would be experiencing a 10% in levy. City of Centerville City Council Work Session & Meeting Minutes August 28, 2024 Discussion ensued regarding support for the Playground Equipment Capital Plan with a one-time transfer of $100,000 from the General Fund to assist in the acceleration of replacement, and additional clarifications to the Finance Director’s memorandum. 3. Downtown Master Plan Logistics Administrator Statz reviewed the information that was provided in Council packet. He discussed the necessity of preventing ongoing development issues with the current documents (City Code/Master Development Guidelines – Downtown) and inconsistencies that do not change the underlying vision of the Comprehensive Plan or Master Development Guidelines and ease of alignment by holding a public hearing regarding the amendments to the documents. He also discussed a complete update of the Master Development Guidelines from a professional planning firm leading the effort while including public engagement (e.g. task force), with costs ranging from $20,000 to $50,000 or more. Discussion ensued regarding selection of task force members, public input and questions asked, densities in the downtown area and options for rezoning certain parcels along with hiring a Professional Planning firm to complete tasks. 4. Backyard Drainage Project – 6996 Brian Drive Administrator Statz reviewed the information that was provided in Council packet. He stated that he had a meeting on site with abutting property owners and all were agreeable to the proposed project and lowering the pond’s water table. He stated that most were agreeable to assessments based on benefit to their properties. He stated that the primary causes associated with the development were staff turnover and bankruptcy of the developer. He stated that he proposed $12,000 in special assessments from property owners and $33,000 from the Storm Water Fund a share of 27% and 73% respectively with the project costing $45,000. Discussion ensued regarding uniqueness of the situation, increasing the cost share due to issues with the development of the properties, not setting a precedence and a suggested cost share of 33% from benefiting property owners. RECESS Mayor Love recessed the Work Session to continue discussions of the Downtown Master Plan Logistics immediately follow the Regularly Scheduled Council meeting at 6:27 p.m. Mayor Love allowed for a short break prior to commencing the Regularly Scheduled 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 Approved Page 2 of 10 City of Centerville City Council Work Session & Meeting Minutes August 28, 2024 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 III. PLEDGE OF ALLEGIANCE IV. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. Motion by Council Member Sweeney, seconded by Council Member Taylor to Approve the Agenda as stated above. All in favor. Motion carried. IV. APPOINTMENT/PRESENTATION 1. None. III. PUBLIC HEARING 1. None. VI. APPROVAL OF THE MINUTES 1. July 24, 2024 City Council Work Session and Meeting Minutes Mayor Love provided Council with an opportunity for modifications to the submitted minutes. Council Member Sweeney requested that under Appointment/Presentations, Item #3., third paragraph, sentence #5, “POA/MIA” be changed to “POW/MIA”. Motion by Council Member Mosher, seconded by Council Member Sweeney, to approve the submitted meeting minutes with the above stated amendment. All in favor. Motion carried. 2. August 14, 2024, City Council Meeting Minutes Council Member Sweeney requested that under Public Hearing Comments, 1., sentence #8 change “against” to “for”, under 6., sentence #8, change “Golen” to “Golden”, under the second paragraph, first sentence remove the first “she” in the sentence, under 7., second paragraph, first sentence, change “nothing” to “noting”, under 10., fifth sentence, remove the duplicate “that”, under 11., paragraph three, sentence eleven remove two of the triplicate “to the” references, and under 15., paragraph two, sentence Page 3 of 10 City of Centerville City Council Work Session & Meeting Minutes August 28, 2024 seven remove “also said”. Council Member Koski requested that under Council Discussion, in the first motion, 1. Remove “greater” and add “less” and in 3. Add “no” between “Uses” and “greater”. Motion by Council Member Koski, seconded by Council Member Sweeney, to approve the submitted meeting minutes with the above stated amendments. All in favor. Motion carried. VII. CONSENT AGENDA 1. City of Centerville Claims through August 223, 2024 (Check #36950-36998, E2279=E2285 & Voided Check #36892, 26955 & 36987) 2. Centennial Lakes Police Department Claims through August 22, 2024 (Check #15359- 15374, E2024064-2024065 & Payroll Check 15356-15358) 3. Centennial Fire District Claims through August 27, 2024 (Check #9754-9768, E240010- 240011, Payroll Check #9762-9763 & Voided Check #9753) 4. Pay Equity Report 5. Res. #24-0XX – Proclamation Constitution Week Mayor Love provided an opportunity for members to pull items for additional discussion. Council Member Sweeney requested that Check #36956, 36957, 36960, 36968 & 36996 be pulled for additional discussion. Council Member Sweeney stated that Check #36956 & 36957 stated that they were reimbursement for rip-rap and should have be reimbursement for plants. Administrator Statz stated that he made note of same. Council Member Sweeney stated that they all were associated with Item #2 under Old Business. Mayor Love stated that Item #1 would be pulled. Motion by Council Member Koski, seconded by Council Member Mosher to Approve the Consent Agenda Items #2, #3, #4 & #5 as presented. All in favor. Motion carried. Council Member Mosher wanted it noted that in July the lawn mowing services cost $9,744 as he has requested additional bids for this work, considering that Seasonal Public Works employees could complete and just generally keeping an eye on the bills. Motion by Council Member Mosher, seconded by Council Member Koski to Approve the Consent Agenda Item #1 except for Check #36956, 36957, 36960, 36968 & 36996. All in favor. Motion carried. VIII. OLD BUSINESS 1. Ord. #137, Second Series – Replacement Chapter 157, Erosion Control Summary Administrator Statz stated that previously, the Ordinance was approved and the agenda stated that the summary was contained in the packet and approval for same was contained in the motion; however, the summary was not contained. He stated that the summary is being placed for consideration so that it can be published and then the amended chapter would become effective. Page 4 of 10 City of Centerville City Council Work Session & Meeting Minutes August 28, 2024 Motion by Council Member Sweeney, seconded by Council Member Taylor to Approve the Summary of Ord. #137, Second Series as presented. All in favor. Motion carried. IX. NEW BUSINESS 1. Park Playground Equipment Replacement Plan Administrator Statz stated that this item was discussed at the Work Session, that the plan was tied to the City’s 2025 Budget and that staff wanted it endorsed by the Council so that steps can be put into place to move forward. Mayor Love stated that he believed that discussions at the Work Session were to infuse $100,000 into repairs/maintenance and to move things along a motion could be made to address that and to hold off the plan for the 2025 Budget discussions moving forward. Administrator Statz stated that the Council could make that motion so that parts and such could be ordered and it was Council’s decision to endorse all or part of the plan. Council Member Koski asked whether the plan and $40,000 is being placed into the Capital Park Playground Equipment Plan along with inflation be modified at any time. Administrator Statz concurred. Administrator Statz stated that the Council would be endorsing a 15-year plan, but the plan would receive annual reviewal along with possible adjustments. The plan becomes very clear when endorsed. Motion by Council Member Koski, seconded by Council Member Mosher to Adopt the Park Playground Equipment Replacement Plan as submitted with a one-time $100,000 infusion from the General Fund. Council Member Sweeney asked for clarification regarding the $45,000 for repairs at Acorn Creek Park and $170,000 for replacement of equipment at Royal Meadows for 2025. He also asked for clarification regarding the Updated Capital Replacement Plan (CRP) Timeline Format slide stating that $315,000 would be expended in 2025 per the slide. City Administrator Statz concurred and stated that the Parks & Recreation Committee would discuss and make a recommendation for the utilization of the infused $100,000. All in favor. Motion carried. 2. Development Close-out – Bayview Villas Administrator Statz stated that staff has been working with the developer for numerous years and the deadline for completion is arriving in September for the development to be turned over to the Homeowners Association and they would rather not enter into an agreement that has outstanding issues and incomplete items. Administrator Statz stated that City holds securities and a Letter of Credit; however, the developer did not renew the Letter of Credit. He stated that over the years (5) several landowners took it upon themselves to complete items that the developer was responsible for and they would like to be reimbursed for those expenditures. He explained that some of the aforementioned checks were for reimbursement and others were in lieu of items not being completed. He stated that there were areas near the docks for the homes opposite the lake that were to be park-like (e.g. sodded, groomed, with small amenities) and the area was also a flood plain area and unable to sustain turf. He explained that this would be an in lieu Page 5 of 10 City of Centerville City Council Work Session & Meeting Minutes August 28, 2024 to the Homeowners Association. Administrator Statz stated that there was a planting strip along the lake with rip-rap, tree replacement in areas, and the outlot area. Attorney Glaser reported that there were a succession of warnings given out over a number of years to the developer. He stated that it was important to hand this over to the residents in a completed state. Mr. Richard DeFoe, 7400 Forest Lane, Lino Lakes, MN, (Developer, Bayview Villas) addressed the Council stated that he had a grading plan that was approved with a holding pond/wetland and the landscaping plan which differed along with a letter from the City Administrator and that the letter states that the area will not sustain turf or trees and that he felt that the requirement was unfair and something that could not be met. He felt that the dollar amount placed on this item was outrageous as dirt was taken from the site originally. Mr. DeFoe stated that when he first bought the property, there was asphalt in the area which would always flood. He also stated that he had a bid that was no where near what is being asked for and he did not understand why the City should give the homeowners association any money for this. Administrator Statz asked if this was a letter addressed to Mr. DeFoe or someone else. Mr. DeFoe stated that it was address to Mr. Ken Zerling and copied to him. Administrator Statz stated that he was inquiring in the letter if it was acceptable to the Homeowners Association that the proposed park was incomplete and not him acquiescing stating that Mr. DeFoe that it was acceptable to leave the cattails but rather asking whether it was an acceptable solution to Mr. Zerling. Mr. Zerling has been very clear that cattails were unacceptable and that the area should be turf along with amenities as required. Administrator Statz that he wanted to ensure that the characterization of the letter was accurate and that the letter was to Mr. Zerling. Mr. DeFoe stated that was not how he understood the letter. Mr. DeFoe stated that the letter was sent subsequent to a meeting where Mr. Statz stated that the grading plan superseded the landscape plan. Mr. DeFoe address the rip-rap issue stating that the plan shows into lot 3 and follow recommendations from the DNR. He stated that the DNR says you can not place rip-rap where there is no need for it. He also stated that the area is flat. He stated that he hired a hydrologist, during COVID and that he paid over $20,000 and was fined for the installation. He stated that both the building and homeowner were aware of the location of the rip-rap as it was placed prior to their purchases. He stated that the DNR does not like rip-rap and they would prefer weeds/plantings, the rip-rap was placed and he received a letter from Administrator Statz stating he had received the information needed and thought, that either the rip-rap be removed and you pay the individual to remove it or you can leave the rip-rap and obtain an after-the-fact DNR permit and a Wetland Impact Permit and purchase credits. He stated that he did not believe he should pay for anything more. Administrator Statz stated that the installed rip-rap by Mr. DeFoe was from lot 9 to lot 4 where there was a slope is where it stopped. Administrator Statz stated that either Mr. DeFoe felt or the contractor felt that it should end there due to the slope. Administrator Statz stated that the plan called for lot 3 to also have rip-rap. The property owners of lot 3 stated that they were aware that rip-rap was shown on a plan and they and lot 2 installed rip-rap after several years. Administrator Statz stated that Mr. DeFoe was fined and did need to buy wetland credits for lots 2 and 3 (for all of them). Mr. DeFoe stated that he was informed verbally and via email by Administrator Statz, that if there was evidence that the plantings were established they would not need to be paid for, but three homeowners tore up the rip-rap and plantings and redid them without being inspected and now I am to pay for them where as all other plants are wonderful. Mr. DeFoe provided Council with a letter from his landscape contractor stating that the native plantings along the lakeside properties above the rip-rap look well established and are thriving the way they should be at this point, with the exception of a few lots where they pulled everything out to re-do the rip-rap and replant it. He stated that he felt that it seems odd that those three lots did not have the same established and thriving plants as others. Administrator Statz stated that this involves lots 6, 7, and 8. Council Member Sweeney asked why the homeowners tore up the rip-rap. Administrator Statz stated that they just did not like the way the rip-rap looked and they did Page 6 of 10 City of Centerville City Council Work Session & Meeting Minutes August 28, 2024 not feel that it was properly installed. Administrator Statz stated that he did inspect the rip-rap that was installed by Mr. DeFoe and felt that it was properly installed. He also shared this with the property owners that were asking for reimbursement and Administrator Statz declined their request. Administrator Statz stated that those homeowners did remove the plantings prior to removing the rip-rap but the plantings were not established and thriving in the areas of discussion. Administrator Statz stated that reimbursement is only for the plantings and not labor associated with the installation. Administrator Statz stated that there were only two inspections ensuring planting establishment when there were to be five inspections. He stated that last week he met with Mr. DeFoe and his landscaper on site and walked the area of question. Mr. DeFoe stated that even his landscaper stated that it was rather odd that all plantings, but the three locations in question, failed. Administrator Statz stated that there was to be five inspections. Mr. DeFoe stated that the landscaper was on site numerous times, and was very familiar with the plantings. Administrator Statz stated that Mr. DeFoe was asked numerous times and it went back two years to provide evidence that he had a contract with someone to complete the follow-up work and on several occasions, we requested Mr. DeFoe to simply have something sent from Hein’s nursery stating that they were under contract to complete spot spraying and spot weeding and we never received anything like that. Administrator Statz stated that there were four trees planted in the area of the docks and clearly that area is not conducive to planting trees so they will be planted in a different area of the development along with two dead trees that will be replaced. Administrator Statz stated that Alex’s Landscaping has been contracted to take care of these items. Mr. DeFoe stated that his landscaper has stated that the two that are dead have been killed by the Grounds keepers and the homeowner’s responsibility. He stated that the development has more trees than what was called for as property owners have installed their own trees. Mr. DeFoe stated that the four trees could replace the two dead trees. Mr. DeFoe stated that he was a first- time developer so staff had to deal with that, many times he came to them with questions and he appreciated their help. Administrator Statz stated that the trees are passed the warranty period that he had with the landscaper and the project is not finished and we are looking at the plan stating is this in place. He stated that the way to avoid all of that would have been to have it completed in 2020, literally four years ago when it was supposed to be all done. Administrator Statz stated that when you looked at the root cause of all of the issues, it had been four years past when it should have been completed. He added that the further you drag things out, the longer it is to get things done. Mayor Love stated that he would address the issues one at a time (Check #36960): A check in the amount of $8,5067.50 to the homeowner’s association for things not completed. Discussion ensued regarding the plan, no counterproposal(s), tradeoff of relaxation of standards and the public with the zoning code, standing firm of public standards, the area near the dock was not protected wetland, plan not being followed and floodplain mitigation area/flood fringe area. Mayor Love called for a recess of five minutes at 7:35 p.m. stating that the Council would reconvene at 7:40 p.m. Mayor Love reconvened the meeting at 7:40 p.m. Additional discussion took place regarding the Bayview Villas Closeout including, checks and balances that did not happen, grading plan versus landscape plan is just a plan and things do not always work out, the amount of money for something that you cannot do anything with, confusion, COVID, awarding Page 7 of 10 City of Centerville City Council Work Session & Meeting Minutes August 28, 2024 compensation for the area, area not growing sod and an alternative discussions that were not had, what was being promised in the dock area feels difficult also, compensation allows the homeowners association to start fresh, letting the homeowners association make a decision due not getting what they were promised. Additional discussion included the possibility of a compromise, how the amount of compensation was determined (e.g. square footage of the area/black dirt, sod and labor), acknowledgement of something did not occur, and a comparable compensation fee of $5,000. Rip-rap reimbursement to resident/(lot 3) (Check #36968): Administrator Statz stated that the lot never received the required rip-rap, that was part of the landscape plan and what individuals may have seen when they purchased their lot/homes, thinking that the DNR regulations regarding not placing rip-rap in areas versus plantings then it should not be completed versus guidance from a pamphlet, the DNR knows that it is there and fined/payment for fill by the developer, RCWD, Board of Water & Soil Resources, the US Army Corps of Engineers and Anoka Conservation District are member of the technical evaluation panel that reviewed the wetland for this project, advocation for the developer, resources on the plan that were not delivered, counterproposals versus just being ignored, after the fact permits are more expensive, wetland permit (RCWD) was applied for prior to the ,landscape plan, rip-rap was never a part of the wetland permit and revisions to original permit. Plantings reimbursement to residents (Check #36956, 36957 & 36996): Administrator Statz stated that the strip was planted, and the contractor was out one time to provide what was required. Discussion ensued regarding the plantings not being properly established and the property owners completed them on their own, replacement because of being dead or the property owners did not like them, if inspections were followed/five visits to determine failure or establishment of plantings and requesting up to two years ago and no receipt of completion of inspections. Motion by Council Member Taylor, seconded by Council Member Koski and asked for a friendly amendment and acceptance of Council Member Taylor to void Check #36960 and replace with a check for an amount of $5,000. All in favor. Motion carried. 3. Tobacco License, Centerville Tobacco Plus, LLC – 1869 Main Street (Rashad Qawasma) Administrator Statz stated that that this is a new applicant and changing ownership and the background check has come back from the Centennial Lakes Police Department successful. Motion by Council Member Taylor, seconded by Council Member Mosher to Approve the Tobacco License for Centerville Tobacco Plus, LLC/Rashad Qawasma. 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. Page 8 of 10 City of Centerville City Council Work Session & Meeting Minutes August 28, 2024 Jr. Council Member Sauber updated the Council on a recent Zoom meeting she attended stated that it was related to career paths, working in the judicial system and that she was very impressed with the female perspectives of those that attended. 2. Council Reports a. Taylor – (i) Economic Development Authority – Council Member Taylor stated that the board made several modifications to the Revolving Loan and Grant Program along with the EDA’s beautification programs. b. Koski – (i) Planning & Zoning Commission – Council Member Koski gave no report. (ii) Fire Steering Committee – Council Member Koski stated that the recent award ceremony was an excellent event, that SBM was a great model and there was good morale in the department. 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 they changed vendors for holiday lighting. (ii) Police Governing Board – Council Member Mosher gave no report. e. Love – Mayor Love reported that he attending the annual football kickoff dinner for Centennial which had a large amount of energy in the room. The Mayor delivered a Public Safety Message – that if anyone sees something in their neighborhoods or others and it is not right, to please call the Centennial Lakes Police Department and error on the side of safety than not. (i) North Metro Telecommunications Commission – Mayor Love gave no report. (ii) Police Governing Board – Mayor Love gave no report. (iii) Other Mayoral Reports – Mayor Love gave no report. Motion by Council Member Taylor, seconded by Council Member Sweeney to approve Check #36956, 36957, 36968 and 36996 as submitted. All in favor. Motion carried. XI. ADJOURNMENT Motion by Council Member Taylor, seconded by Council Member Sweeney to Adjourn the Council Meeting of August 28, 2024, at 8:54 p.m. All in favor. Motion carried. RECONVENE TO WORK SESSION Mayor Love reconvened the Work Session at 8:55 p.m. Page 9 of 10 City of Centerville City Council Work Session & Meeting Minutes August 28, 2024 Additional discussion took place regarding steps that needed to be taken to align the planning document for the downtown area. ADJOURNMENT OF WORK SESSION Mayor Love adjourned the Work Session at 9:41 p.m. Respectfully submitted by City Clerk, Teresa Bender. Page 10 of 10