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HomeMy WebLinkAbout2021-02-10 CC & Closed Exc. Meeting Minutes - Approved Approved CITY OF CENTERVILLE CITY COUNCIL MEETING & CLOSED EXECUTIVE SESSION February 10, 2021 6:30 p.m. Pursuant to due call and notice thereof, the City of Centerville held their regularly scheduled City Council Work Session & Council Meeting on February 10, 2021 via Zoom Videoconferencing at: https://zoom.us/j/478824301, Meeting ID: 478 824 301 with audio only available at: 312-626- 6799. The meeting was also live streamed by North Metro TV. 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 ABSENT: None. STAFF: City Administrator Mark Statz City Attorney Kurt Glaser Finance Director Bruce DeJong George Eilertson, Northland Securities *Note that “present” is construed to mean that the noted individuals were visibly and audibly present on the videoconference call. II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Mayor Love provided an opportunity for others to add or delete any items. Administrator Statz noted that he would like to add check #33556 and #33557 under Consent Agenda Item #1. Motion by Council Member Koski , seconded by Council Member King, to Approve the Agenda as Amended. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. IV. APPOINTMENTS/PRESENTATIONS City of Centerville Council Meeting Minutes February 10, 2021 1. None. V. PUBLIC HEARINGS 1. None VI. APPROVAL OF THE MINUTES 1. September 9, 2020 City Council Meeting Minutes Council Member Lakso noted a changed needed under the Fire Steering Committee update. She stated that it should state that there was a policy change, not a change in the benefit structure, but in the policy regarding alcohol to reflect zero tolerance. Administrator Statz stated that this may be when the retirement contribution was changed from $5,000 to $5,500. He stated that staff can review the portion of the meeting and clarify that the minutes are correct. Council Member Lakso suggested inserting a period behind the word ‘modified’ so staff does not have to take the time to go back and check. Council Member Koski noted that his name was spelled incorrectly at the bottom of page 4 of the packet, and the word aquifer is spelled wrong in a few places on pages 5. Motion by Council Member Koski, seconded by Council Member Lakso, to Approve the September 9, 2020 Minutes with Amendments, as discussed. A roll-call vote was taken. Mayor D. Love and Council Members Lakso & Koski voted in favor. Council Members King and Mosher abstained. Motion carried. VII. CONSENT AGENDA City Administrator Statz stated that Check #33556 is for M&M Endeavors through the Revolving Loan & Grant Program and Check #33557 is a deferred compensation payment to one of the City employees that was missed on the last payroll. 1. City of Centerville Claims through February 10, 2021 (Check #33526-33555) & 1649E-1652E) & Revolving Loan & Grant Program - Check #33556 and M & M Endeavors & Def. Comp. Missed last payroll - Check #33557 2. Centennial Lake Police Department Claims through January 28, 2021 (Check #13627-13644 && (E2021005-2021006) 3. Centennial Fire District Claims through February 9, 2021 (Check #8995- 9006) & (E2021002) 4. Pay Request #3 – City Hall Renovation 5. Pay Request #4 – City Hall Renovation 6. Pay Request #5 – City Hall Renovation 7. Pay Request #9 – Downtown Street and Utility Improvements 8. Approval of Grant Request – 7087 Centerville Road Page 2 of 10 City of Centerville Council Meeting Minutes February 10, 2021 9. Resolution #21-0XX – Accepting a Donation from Matt Montain Mayor Love provided an opportunity for Council to add or remove any item(s) to/from the consent agenda. Council Member Lakso asked to pull Item #8 for discussion. Council Member Lakso stated that she wanted to bring notice to the reason that they redid the concrete. She explained that they removed crumbling concrete that was unsafe and unsightly and replaced with new concrete. She stated that it looks nice and is definitely an improvement as well as safer with the corner railing. She expressed her appreciation for the grant, the property owner, and the EDA. Mayor Love noted that the EDA spent a lot of time and multiple meetings discussing the application, the completion of the work and the downtown area. Council Member King noted that there is probably more whittling down that needs to happen with regard to the grant program in general. Motion by Council Member Koski, seconded by Council Member Lakso to Approve the Consent Agenda as Amended with the addition of Checks #33556 and #33557. A roll-call vote was taken. Mayor Love and Council Members King, Koski, Lakso & Mosher voted in favor. Motion carried. VIII. OLD BUSINESS 1. Bond Refunding Mr. George Eilertson, Northland Securities, reminded the Council that at their January 13, 2021 meeting discussion was had regarding the potential of refunding the City’s 2013 bonds. He explained that the bond sale will be called on February 24, 2021 which is what the resolution included in the Council packet reflects. He stated that they are also asking for a motion to approve the Municipal Advisor Agreement between the City and Northland Securities. The Council discussed interest rates, the current demand for bonds in the market and that Minnesota municipalities are being well received in the market. Finance Director DeJong gave a brief explanation of why there is a need to bond for 105% over levy. Motion by Council Member Koski, seconded by Council Member Lakso, to Adopt Res. #21- 0XX Providing for the Competitive Negotiated Sale of Bonds and Setting the Sale Date of February 24, 2021. A roll-call vote was taken. Mayor Love and Council Members - Koski, Lakso, Mosher & King voted in favor. Motion carried. Motion by Council Member Koski, seconded Council Member Lakso to Approve the Municipal Advisor Agreement between the City of Centerville and Northland Security, as Page 3 of 10 City of Centerville Council Meeting Minutes February 10, 2021 presented. A roll-call vote was taken. Mayor Love and Council Members - Koski, Lakso, Mosher & King voted in favor. Motion carried. IX. NEW BUSINESS City Administrator Statz asked if the Council could take the next two agenda items in reverse order 1. Block 7 Recommendations – (reordered from #2) Administrator Statz noted that last week there was a joint meeting between Council, e thPlanning and Zoning Commission, and the EDA to review two proposals for development of the City owned property known as Block 7. The Planning and Zoning Commission had voted unanimously to recommend to the City Council that the City move forward with Centra Homes for their concept for 24 row-home style townhomes. He stated that staff is asking the Council to direct staff to negotiate a Memorandum of Understanding (MOU) for this project based on the proposal submitted by Centra Homes. Attorney Glaser explained that the reason that a MOU would be the next step in getting the project off the ground and to ensure that it meets the prerequisites prior to a Developer’s Agreement. Administrator Statz explained that an MOU also gives the developer the City’s goodwill gesture that says the City is ready to negotiate, in good faith, in an exclusive manner for a period of time while allowing them to do their due diligence and start digging into the details. He noted that Mr. Dave Pattberg and Ms. Carla Dunham from Centra Homes are in attendance if there were questions. Mr. Pattberg, CFO, Centra Homes, explained that they are excited for this opportunity and to take the next step in this process in working with the City to have a successful project on Block 7. Council Member Lakso asked if there was a summary of the initial feedback from the neighborhood. She stated that she would like it to be considered and put into the record because she remembers some of the feedback that has come in from previous projects. Administrator Statz noted that no neighbors had commented at the meeting. He noted that he had only received one (1) e-mail following the meeting last week and it contained positive feedback. Council Member Koski stressed the importance of having clear communication regarding this project and allowing as much participation from the neighborhood as possible. He asked about the duration of the MOU and asked if it would be 90 days. Administrator Statz noted that they will work together with the developer for an appropriate duration period. Mr. Pattberg noted that 90 days may be a bit tight because they would like to hold a neighborhood meeting but they would like to have the architectural plans further along before the meeting so they can show people what they will see. He stated that they can talk through those details with staff on the desired duration of the MOU. Page 4 of 10 City of Centerville Council Meeting Minutes February 10, 2021 Council Member Koski stated that he was very happy to hear that Centra Homes is planning to work with the neighborhood. He asked when the project would be expected to be completed. Mr. Pattberg stated that he expects that it will be 2-3 years before the last house is built and closed. Mayor Love asked when the first home was expected to be built. Mr. Pattberg explained that the entitlement timeline can take a bit of time but they are hoping to get the grading and utilities done in 2021. If there are no hiccups in the process, they could have the first home completed by the end of 2021. Mayor Love noted that he is very happy that this project is able to move forward without TIF and is excited about partnering with Centra Homes. He stated that he personally felt the apartment building was a better overall project for the City as a whole, even though the neighbors in the area did not support that idea. He stated that he trusts the Commission’s recommendation to move forward with this product, so he is in full support of the Commission and their guidance. He stated that he is extremely happy that there will be development on land that was been vacant for a very long time. Administrator Statz gave a brief overview of the proposal, what the MOU will be based on and reviewed some of the terms that will be included in the MOU including: developer to pay 100% of all City fees; 100% of utility relocation costs; 100% for paying fair share of assessment; and will cover up to $100,000 of streetscape costs. Motion by Council Member Koski, seconded by Council Member Lakso to Direct Staff to Draft a Purchase Agreement and a Memorandum of Understanding with Centra Homes based on their proposal for the redevelopment of Block 7. Council Member King asked about the building layouts and if they would be connected or separate. Mr. Pattberg explained that there will be 6 units per building and a total of 4 buildings, which makes for a total of 24 units. Council Member King asked how the figures would be affected if this project takes three years to complete. Administrator Statz noted that this is a good question and will need to be taken into account and written into the MOU. He stated that there may be some language added that would include the possibility of some reasonable adjustments to things like sewer and water fees or park dedication fees. Council Member King encouraged thoughtful placement of the first building in case there is a downturn in the housing market. He questioned what the ballpark prices would be for the units. Mr. Pattberg explained that their current vision is to put up the first building in the most northern portion of the lot that faces Centerville Road. He stated that in order to meet the 80% Area Median Page 5 of 10 City of Centerville Council Meeting Minutes February 10, 2021 Income (AMI) for the CDBG grant, they will need to have 2 units sell in the upper $200,000’s and the remainder would go up from there. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Mosher & King voted in favor. Motion carried. Mayor Love welcomed Centra Homes to the City and noted that he is looking forward to working with them in the future. st 2. Targeted Picketing Ordinance (1 Reading) – (reordered from #1) Administrator Statz noted that the Council had discussed this at a few work sessions. He noted that st this is the 1 Reading of the ordinance and the intent is to have a 2nd reading, so if there is general support today, it will also be on the February 24, 2021 Council Agenda for final approval, adoption, and publication. He gave a brief overview of the background on this proposed ordinance and the desire to keep the language the same as other cities. He explained that the impetus for the ordinance is to prevent picketing that is menacing or problematic for residents or their neighbors. He stated that it would also prevent people from camping out in front of a resident’s home, residents not feeling comfortable in their own homes, and being fearful about where they live. He st stated that they feel that this does not prevent people from expressing their 1 Amendment rights in areas that are more public and non-residential in nature within the community. Attorney Glaser noted that there is a complex background in Constitutional law that supports the language that is included in the ordinance and would echo Administrator Statz’s suggestion not to change the language as it has been presented. He explained that the goal of the City is to allow free speech but there are a few ‘loopholes’ where the police department may not have the ability to control crowds when they get out of hand, which is what was seen recently in Hugo. This ordinance is really meant to address the potential menacing aspect of picketing and protesting in front of an individual home and noted that it closely mirrors State Statute and also noted that Section 1, Subs.3 is the section that is unique to cities. Mayor Love noted that he wanted to apologize if he had offended anyone during the work session with the fictitious nature of his comment. He explained that he had actually been thinking of his own mother when he was young and didn’t want it to be taken out of context. Council Member King questioned what would happen if somebody would be walking, standing, marching, but were not yelling or using a megaphone and instead, just talking or just quietly carrying a sign and not being menacing. Attorney Glaser stated that the Supreme Court asks if the restrictions to limit speech fit in the proper time, place, and manner. He noted that sometimes there is not a bright line test that clearly shows people have crossed the line. He explained that it usually ends up being what is called the totality of circumstances and a judgment call is made based on the facts that are in front of them. He stated that the purpose of this is to say that of the time, place, and manner restrictions, there is something special about a home which is what this ordinance addresses. Page 6 of 10 City of Centerville Council Meeting Minutes February 10, 2021 There was discussion about the expectation of privacy; content of the signs, even if they are calm and quiet; picketing that has happened in the area; expression of public speech; and times when a permit may be necessary for a demonstration with a large crowd. Council Member King shared the one example he can think of where he has seen picketing was in White Bear and noted that he is afraid that this is instituting an ordinance that unnecessary He stated that he does not support the ordinance. The Council discussed various scenarios of protesting and picketing in a fashion that is going neighborhood to neighborhood in a way to get people riled up, but is not necessarily targeting one person or residence. Attorney Glaser noted that the above scenario may not be a violation of this ordinance. Council Member Lakso stated that she sees this as a tool in the toolbox that will allow the speech, but takes into account public safety. She stated that, however, she would honor, to some degree, the reason why people want to picket and protest in front of someone’s home so she is struggling a bit with this decision. She explained that she likes that there is another layer of protection but is unsure it will help the City and noted that she is sensitive to what was previously discussed. She stated that graphic signs are not threatening, but breaking windows would be. She noted that she hears the points that Council Member King is making, but she is still unsure how she feels and looks forward to hearing from the rest of the Council. Council Member Koski clarified that this ordinance affects residential areas and not businesses. He stated that freedom of speech is one of the great things about this Country. He stated that he would like to balance freedom of speech with public safety which will be tough. He stated that he would support the resolution the way it is written because it is for residential areas and does not take people’s right away, but will have an impact on public safety. Mayor Love stated that he believes one of the most important pieces of this for our community is the police department. He stated that the City’s police department is strong and has a very good culture. He explained that he has had a conversation with the Police Chief about this situation and the Chief shared that he has the goal of leaving every situation better than it was when they got there and also to build relationships in every situation. He stated that there was a situation that occurred a stone’s throw away in Hugo where the neighbors felt unsafe in their own homes. This ordinance does not stop any one from picketing or protesting but does put a tool in the police department’s tool bag and is something that they can utilize in our community to ensure people do not feel threatened in their own homes. He stated that he is very supportive of this ordinance st because it does not take away 1 Amendment rights but ensures residents feel safe in their homes. The Council discussed the situation in Hugo and existing laws that stop that type of activity because they were blocking the streets and the sidewalks. There was discussion about police training and existing laws for trespassing and blocking traffic. Council Member King reiterated that he feels that this is an ordinance that is not needed because of the existing laws and feels that it is just responding to the times. He questioned why this resolution was needed if the other laws are already in place. Page 7 of 10 City of Centerville Council Meeting Minutes February 10, 2021 Mayor Love stated that he thinks Council Member King is asking for an explanation of how this ordinance strengthens what the City already has in place. Attorney Glaser stated that he thinks this can be looked at by using the example brought up earlier with the situation in Hugo. He stated in that group of people, there were those violating other laws, such as blocking a roadway, but some were not and were lawfully on a sidewalk. He stated that there will be individual circumstances where someone is not violating the other laws and this one would come into play. He stated that this is a law of last resort and shared examples of protests where there were literally lawyers there guiding the protesters to ensure that they were not breaking the law. He stated that not every single incident will invoke another law and this resolution is the patch that can go over that hole. Mayor Love noted that there will be another reading of this ordinance before action is taken. X. COUNCIL/ADMINISTRATOR ANNOUNCEMENTS 1. Administrator’s Report Administrator Statz stated City Hall is taking shape and the Council Chambers is looking very nice. He noted that staff is close to being moved into their new office space and reminded the Council that City Hall is not open to the public. He noted that there are a number of volunteer opportunities associated with summer activities that are still planned. He stated that there is a farmers market called Main Street Market that will happen in July/August as well as a full slate of Music in Park events. He stated that they are looking with an optimistic view for the summer with the hope that there will be a robust set of events through the Parks & Recreation Committee. Mayor Love asked Administrator Statz to comment on the illegal burning he mentioned in his report. Administrator Statz stated that there has been a resident who has had a number of issues with accumulating junk on their property and has been burning miscellaneous garbage. He noted that the City ordinance requires that backyard campfires utilize clean, dry wood only. Council Reports a. Lakso - i. Anoka County Fire Protection Council – Council Member Lakso reported that there was discussion about the upcoming budget draft and noted that the auditor caught outstanding payments that no one knew about until reconciliation. She noted that through Anoka County Dispatch they are going to try to do group alarm-mutual aid/auto aid and figure out at level of dispatch instead of incident commander once he gets to the scene. ii. Parks & Recreation – Council Member Lakso stated that discussions around activities/events was discussed. She also stated that the Adopt a Garden program is going very well. She also reported that discussions continue regarding the Main Street Market event. Page 8 of 10 City of Centerville Council Meeting Minutes February 10, 2021 b. Koski – i. Fire Steering Committee – Council Member Koski report that a Special Fire Steering Committee meeting would be taking place tomorrow evening at 7:00 to discuss the results of the information that the consultants came up with for the Department. ii. Planning & Zoning Commission – Council Member Koski previously reported on that the Commission discussed Block 7 redevelopment. Council Member Koski expressed his appreciation to ex-Council Member Matt Montain for his generous donation to the City. He reported that the theme for the parade/logo had been established, Centerville Heroes. c. King – i. Economic Development Authority – Council Member King stated that the EDA meeting would take place the next Wednesday. ii. North Metro Telecommunications Commission – Council Member King stated that the Mayor will provide the report. He expressed his appreciation for the generous donation from ex-Council Member Montain. d. Mosher – i. Economic Development Authority – Council Member Mosher also stated that the EDA meeting would take place this upcoming Wednesday. ii. Police Governing Board – Council Member Mosher stated that the board met on February 8, 2021 where they introduced Captain Pat Aldrich and CSO Officer Jeff Lambrecht. He stated that there was discussion about the critical incident response, making plans and standards operations of how to respond to these types of incidents. He stated that they want to work at planning before things happen. He stated that they discussed people in City roles, their role if a tragedy happened and explained that the Police Department would prefer they just sit tight unless they are called upon to be a recognized leader and to assist. He stated that he would like to learn more about the role of the CERT team. e. Love – i. Police Governing Board – Mayor Love recognized that Council Member Mosher was appointed as Chair of the Board. He also reported that there was discussion about emergency planning for public officials, where they learned to allow the Chief to place information on Social Media rather than prematurely reporting on matters. He stated that the point is to make sure that homes and families are safe and allowing Public Safety Officials to take care of issues. He also stated that the Board approved a number of upgrades to the building such as coating of the glass and lighting following a recent incident. ii. North Metro Telecommunications Commission – Mayor Love stated that the meeting would take place on February 24, 2021. Page 9 of 10 City of Centerville Council Meeting Minutes February 10, 2021 Mayor Love expressed his appreciation to the Council and Administrator Statz for holding the annual retreat to work on the 2021 goals, structure moving forward, and reconnecting with each other. He stated that Administrator Statz will put together a recap for the Council in the near future. XI. RECESS TO CLOSED EXECUTIVE SESSION Mayor Love Recessed to the Closed Executive Session at 8:07 p.m. CLOSED EXECUTIVE SESSION (Pursuant to Minnesota Statute Section 13D.05, Subdivision 3(b) I. CALL TO ORDER 1. Roll Call II. ITEMS OF DISCUSSION 1. Alex Lawn & Turf, LLC City Attorney Glaser read aloud a statement: Discussion and examination of legal opinion and strategy regarding Alex Lawn & Turf, LLC and explained that absolute confidentiality is required for a full and candid discussion with Legal Counsel and such discussion could not occur in a public setting without jeopardizing the City’s legal position. III. ADJOURNMENT (from Closed Executive Session & Resume Regular Council Meeting) Motion by Council Member Lakso, seconded by Council Member Koski to Close the Closed Executive Session at 9:34 p.m. XII. ADJOURNMENT Motion by Council Member Koski, seconded by Council Member King to Adjourn the Regularly Scheduled Council meeting at 9:39 p.m. A roll-call vote was taken. Mayor Love and Council Members Koski, Lakso, Mosher & King voted in favor. Motion carried. Respectfully submitted by City Clerk, Teresa Bender. Page 10 of 10