Loading...
HomeMy WebLinkAbout2020.09.08 CC Minutes Meeting held remotely pursuant to MN Statute Sec. 13D.021. ZOOM Meeting ID # 883 6007 4505 Mayor Weidt called the meeting to order at 7:00 p.m. COUNCIL PRESENT REMOTELY: Haas, Klein, Miron, Petryk, Weidt COUNCIL ABSENT: None OTHERS PRESENT REMOTELY: City Attorney Dave Snyder, City Engineer Mark Erichson, Community Development Director Rachel Juba, Finance Coordinator Anna Wobse, Community Development Assistant Emily Weber PRESENT AT CITY HALL: City Administrator Bryan Bear, Finance Director Ron Otkin, City Clerk Michele Lindau Approval of Minutes for the August 17, 2020, City Council Meeting Klein made motion, Petryk seconded, to approve the minutes for the City Council meeting held on August 17, 2020, as presented. Roll call vote – all ayes. Motion carried. Approval of Agenda Weidt made motion, Miron seconded, to approve the agenda as amended by staff by removing approval of Pay Voucher No. 5 for the Water Edge Stormwater Reuse Project from the Consent Agenda. Roll call vote – all ayes. Motion carried. Update on COVID-19 City Response, COVID Budget, and Business Grant Program City Administrator Bryan Bear provided a short update on COVID-19 saying the State of Emergency remained in place and the City was still in Phase 3 of the “Stay Safe Plan”. Finance Coordinator Anna Wobse provided background on the CARES (Coronavirus Aid, Relief, and Economic Security) Act explaining that the City had received $1,148,713 dollars in relief funds to help offset financial impacts of the COVID-19 outbreak. The City had until November 15, 2020, to spend the funds on eligible expenses. After that, the City would need to send the money to Washington County for their use. At their August 3, 2020, meeting, Council had considered a budget prepared by staff on how the money should be spent. Council had tabled the discussion and directed staff to seek a recommendation from the EDA on a small business grant program. Community Development Assistant Emily Weber provided information on the EDA meeting held on August 18, 2020, where there was discussion on current resources available to local business and whether there was a need for an additional grant program that the City could MINUTES HUGO CITY COUNCIL MEETING REMOTE MEETING TUESDAY, SEPTEMBER 8, 2020 – 7 P.M. Hugo City Council Meeting Minutes for September 8, 2020 Page 2 of 9 provide. The EDA directed staff to create a $200,000 grant program for local private or nonprofit businesses that generated under $3.5 million in annual revenue. The program would allow businesses to apply for grants up to $10,000 on a first come, first served basis. Staff had drafted an agreement and application with a deadline of October 1, 2020. Weber provided information the EDA had proposed for eligible and non-eligible uses on expenses incurred between March 1 and September 30, 2020, that were not reimbursed by other sources of funding. Weber reviewed the materials that needed to be submitted with the application saying once the grant is awarded, the business and the City would enter into an agreement. Wobse reviewed with Council an adjusted budget that allocated $200,000 as recommended by the EDA for a small business program and recommended Council approve the resolution adopting the CARES Funding Budget as presented and the business grant program. Haas made motion, Petryk seconded, to approve RESOLUTION 2020-46 ADOPTING CARES FUNDING BUDGET, and the Business Grant Program. Miron asked for an explanation on who would be eligible. Weber replied that it was written in the agreement that private businesses must be located within the boundaries of the City, and non- profit business would need to include the City area, but not physically located within the City. Roll call vote – all ayes. Motion carried. Consent Agenda Petryk made motion, Haas seconded, to approve the following consent agenda: 1. Approve Claims Roster 2. Approve Change Order No. 2 and Pay Voucher No. 7 for 130th Street Improvement Project 3. Approve Joel Hoistad as New Building Official 4. Approval of Hugo Gardens Assessment Agreement for Sewer & Water Trunk Fees 5. Approve Special Event Permit for Hugo Legion Tent Sales/Oktoberfest Celebration 6. Approve Reduction in Letter of Credit for Adelaide Landing 5th Addition Roll call vote – all ayes. Motion carried. Approve Claims Roster Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Change Order No. 2 and Pay Voucher No. 7 for 130th Street Improvement Project The City had received Pay Voucher No. 7 from Dresel Contracting for work done on the 130th Street Improvement Project. Staff had reviewed the pay request and found it acceptable for the work certified through August 31, 2020. Adoption of the Consent Agenda approved payment in Hugo City Council Meeting Minutes for September 8, 2020 Page 3 of 9 the amount of $162,460.35 and Change Order No.2 related to the plant testing of the bituminous resulting in a pay factor reduction of 20%. Approve Joel Hoistad as New Building Official In 2019, the City Council approved the advertisement for a new Building Official to replace Chuck Preisler when we retires in November. Staff had interviewed seven applicants for the position and selected Joel Hoistad to fill the position. This position would be slotted at Pay Grade 8, Step 2, in the 2020 salary matrix. Adoption of the Consent Agenda approved the hiring of Joel Hoistad as the new Building Official with a start date of September 14, 2020. Approval of Hugo Gardens Assessment Agreement for Sewer & Water Trunk Fees At its August 17, 2020, the City Council approved the final plat and development agreement for the Hugo Gardens development. The approval included the assessments for the water and sewer trunk fees required for development by the City. Staff had included a draft of the assessment agreement and terms in the packet and recommended approval of the resolution adopting the special assessment for Hugo Gardens, subject to review and approval by the City Attorney. Adoption of the Consent Agenda approved RESOLUTION 2020-47 ADOPTING ASSESSMENTS FOR THE HUGO GARDENS IMPROVEMENT PROJECT. Approve Special Event Permit for Hugo Legion Tent Sales/Oktoberfest Celebration The Hugo American Legion had applied for a Special Event Permit to hold a craft show and Oktoberfest on Saturday, October 3, 2020. A Special Event Permit approved by Council was necessary because alcohol will be sold outdoors, there may be more than 200 people in attendance throughout the day, it will extend after dark, and there will be amplified music. Attendance would be spread out during the day from 9 a.m. to 9 p.m. The event would consist of vendors outside in the parking lot area and inside the building. There would also be a D.J and a beanbag tournament. Staff had worked with the applicant on amending their COVID Preparedness Plan for the event. Adoption of the Consent Agenda approved the Special Event Permit for the Hugo American Legion to hold tent sales and an Oktoberfest celebration on Saturday, October 3, 2020, subject to conditions. Approve Reduction in Letter of Credit for Adelaide Landing 5th Addition Adelaide Landing 5th Addition had significant work completed to date and The Excelsior Group had requested a reduction in the letter of credit. The current letter of credit for the 5th Addition was in the amount of $2,192,740. Staff had inspected the work completed to date and recommended Council approve the reduction in the letter of credit to $507,633.44 based on the value of work remaining to be completed. Adoption of the Consent Agenda approved the reduction in the letter of credit for Adelaide Landing 5th Addition. Approve “Adelaide Landing Park” as the Name of the New Park in Adelaide Landing At their meeting of August 19, 2020, the Parks Commission recommended that the new park in Adelaide Landing be named “Adelaide Landing Park”. Residents shared their ideas for the future park name. The City of Hugo has a Park Naming Policy and “Adelaide Landing Park” would be keeping with the policy. The new park was under construction and set to open at the Hugo City Council Meeting Minutes for September 8, 2020 Page 4 of 9 end of September. Mayor Weidt removed this from the Consent agenda stating he received a letter from the Arcands, who previously owned the land, and he wanted it to go back to the Parks Commission for reconsideration. Haas agreed was important to put thought into how the City named things and to add historical significance to the names. Weidt made motion, Klein seconded, to send the naming of the park in the Adelaide Landing Development back to the Parks Commission for reconsideration. Roll call vote – all ayes. Motion carried. Approve Resolutions Declaring Costs to be Assessed and Setting Public Hearing for the Goodview Avenue Improvement Project At its February 3, 2020 meeting, Council held a public hearing on the Goodview Avenue Improvement Project. Council ordered the improvements and authorized the preparation of plans and specifications for the project. Bids were opened May 21, 2020, and the project was awarded to T.A. Schifsky and Sons, Inc. on June 1, 2020. Improvements would be substantially complete by the end of September and staff had recommended that the Council move forward with the assessment process for the project by approving the resolution declaring the costs to be assessed and setting the public hearing for October 5, 2020. City Engineer Mark Ericson provided an update to the Council stating they had a later start than most projects in the past. Culverts had been replaced and reclamation would begin the following day. Finance Director Ron Otkin explained these were standard resolutions declaring cost and setting the date for the public hearing. He said it was hoped the project would be substantially completed by October 5, which was the date set for the hearing. He stated this date was necessary in order to allow people 30 days to pay their assessment with no interest before it would be certified to the County in November. Erichson added the amount to be assessed was$137,700, and was consistent with the previous assessment roll, excluding the option for extension of the sanitary sewer and water main. Klein made motion, Miron seconded, to approve RESOLUTION 2020-48 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENTS FOR THE GOODVIEW AVENUE STREET IMPROVEMENT PROJECT. Roll call vote – all ayes. Motion carried. Miron made motion, Petryk seconded, to approve RESOLUTION 2020-49 CALLING FOR THE PUBLIC HEARING ON THE PROPOSED ASSESSMENT FOR THE GOODVIEW AVENUE IMPROVEMENT PROJECT. Roll call vote – all ayes. Motion carried. Hugo City Council Meeting Minutes for September 8, 2020 Page 5 of 9 Approve RFP for Architectural Services for Lions Park Parks Planner Shayla Denaway, provided a background on Lions Park discussions saying most recently a joint workshop was held with the City Council and Parks Commission on June 29, 2020, to discuss the feasibility and funding of the Lions Park Master Plan. The City Council adopted the Master Plan and Feasibility Study at their July 20, 2020 meeting. Denaway displayed the approved final master plan that showed a large playground area, pavilion, and minor changes in parking from the previous plan. Also showed on the plan was a community sports pad, two play fields, open areas, fire pits, memorial, and relocation of the skate park equipment. She reviewed the next steps saying they would be working with WSB on the playground with a stake holder group, and a seconded stakeholder group would be looking at the pavilion. It was also anticipated WSB would be developing the design of the parking lots, trails and sidewalks, sports pad, and other park features. Assistance was needed for the pavilion design and staff was requesting approval of a request for proposals to help with that. They anticipated on having proposals from all design consultants for Council to consider at the October 5th meeting. Community workshops would be held in early October and a design process with stakeholders would be done October – December. Designs would be reviewed in January, 2021, with construction in the spring and summer of 2021. The request for proposals was to facilitate three stakeholder committee meetings and prepare design development plans. It was expected the architect would coordinate with WSB on site design and review the plan with the Parks Commission and City Council. It was anticipated that the architects would be interviewed by staff, and proposals would be reviewed by Council at their October 5, 2020, meeting. Haas made motion, Klein seconded, to approve request for proposals for an Architect to design the park pavilion at Lions Park. Roll call vote – all ayes. Motion carried. Resolution Providing for the Sale of $8,000,000 G.O. Capital Improvement Plan Bonds On August 17, 2020, the City Council awarded a contract for construction and site work for a new Public Works facility. The total bid, including six alternates, amounted to 9,253,560. When adding in the items that would be bid separately and a contingency, the total project cost should come in at just under $12.5 million. The Finance Department prepared a five-year Capital Improvement Plan that included this facility. Adoption of the CIP now allowed for the issuance of Capital Improvement Plan Bonds. Otkin explained the two-pronged approach of bidding and financing the project saying it had been the City’s intention to issue bonds to finance the majority of the construction costs, and the balance would come from the Water and Sewer Utility Fund. After conferring with the city’s financial advisors, staff recommended the issuance of Capital Improvement Plan bonds in the principal amount of $8 million. When combined with the proceeds from the sale of the existing facility and the water and sewer fund, the City could finance the entire project without having to transfer any money from reserves. Bonds would extend out 25 years and the interest cost was estimated at just under 2%. The first year’s tax levy would be $424,895 and the average tax levy over the 25 year term would be $426,800. This was $130,000 less per year than the original estimate they had been using. Bonds outstanding on February 1, 2030, would be callable, but considering the low rate, he projected it was unlikely Hugo City Council Meeting Minutes for September 8, 2020 Page 6 of 9 this option would be exercised. He explained the process would begin with Council approving a set-sale resolution, then work with Baker Tilly assembling the official statement. A bond conference with Standard and Poors was scheduled for September 21, 2020. Bids would be received at 11 a.m. on October 5, 2020, and the Council would consider awarding the sale at their meeting that evening. If everything went as planned, bond proceeds would be received around November 5th. He recommended Council approve a resolution providing for the Sale of $8 million G.O. Capital Improvement Plan bonds. Haas made motion, Miron seconded, to approve RESOLUTION 2020-50 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $8,000,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS. SERIES 2020A. Roll call vote – all ayes. Motion carried. Consider Approval of Residential Picketing Ordinance Following recent protest activity that had occurred within residential neighborhoods in the City of Hugo, City staff, along with the Washington County Sheriff’s Office had been evaluating the appropriate level of response required when protests occur. City Administrator Bryan Bear provided Council with a recap of the protests, along with a summary of feedback collected. Bear began by talking about Hugo being the location of several small protest and two large protest. Black Lives Matter (BLM) protest on August 15 occurred in the Diamond Point East neighborhood, and the Unity Event held the following week began at Lions Park and drove through the same neighborhood. Protests had been targeted at a residence on topics concerning issues with other cities. A tremendous amount of feedback was received, primarily around three issues, and he reviewed each in detail. The first issue was about not seeing much law enforcement on the ground. He talked about the response needed to protect public and protesters making it necessary to have uniformed deputies on-site and others off-site depending on the situation. He said he felt the Sheriff’s Department did a fantastic job, and the City and neighborhood was very well protected. Enforcement activities had been light knowing that intervening can cause escalation. The objects were that no one gets hurt, nothing gets damaged, and protesters leave the City peacefully, and Bear felt those objectives had been met. The second issue was regarding John Thompson, who made inflammatory comments during one of the protests and why was he not being charged for talking about burning down the City of Hugo. Bear explained that decisions about charging a crime were made by the County or City prosecutor. He referenced an article in the Pioneer Press that contained comments made by County Attorney Pete Orput on the subject of charging Thompson. The third issue was about how the City could make sure this never happened again. Bear talked about the necessity of balancing First Amendment rights regarding free speech against the safety and welfare of the public. Prevention of protests was not realistic or desirable, and Bear talked about how to lessen the impacts. He explained that teams including City staff, the Mayor, Council Member Miron, the County Sheriff, Sergeant Joe Zerwas and County Attorney Pete Orput and staff had canvassed the neighborhood following the BLM protest to get feedback from residents. He stated that feedback was diverse and emotional. Common concerns were traffic Hugo City Council Meeting Minutes for September 8, 2020 Page 7 of 9 and parking, road closures, safety, threatening activities, and loud noise. There were also concerns about maintaining the right to assemble. He talked about the dilemma regarding security verses freedom when securing a neighborhood prevents normal activities. Communication with residents occurred through CODE RED, and he encouraged residents to sign up for that. Communication with protest group organizers was done proactively, but Bear said he felt it could be done better by informing them of the ground rules regarding noise, access, special event requirements, trespassing and property damage and other items specific to location and protest. He talked about how this could be done through a residential picketing ordinance. He provided information on a residential picketing ordinance that was drafted by the City Attorney. The ordinance would not prohibit protesting, only the idea of targeted residential picketing, which causes emotional distress, obstruction of free use of public right-of-ways and sidewalks, and harassment of residents. The ordinance addresses the protection of the home and individual privacy, and how targeted protesting limits the ability to escape. Klein said he agreed with the Ordinance, and it was important to maintain the ability for people to have free speech and assemble. Also, people should have the right to tranquility and not have unwanted guests. He said he would expect the protestors to understand. The ordinance helps encompass what the City was trying to achieve. Haas thanked staff and stated he was pleased with the ordinance. Miron talked about the two events that had been the cause of looking at this ordinance, and he questioned how this ordinance would help residents near Lions Park, where one of the events took place, since Lions Park was nestled in a neighborhood. City Attorney replied that the ordinance was narrowly tailored to prohibit targeting a particular residential structure. A gathering in a public park would not violate the ordinance as drafted. It was contemplated that public spaces and parks are realistic locations for some protesting activity, but it prohibits focusing on a particular residential unit. He noted that the ordinance was written from examples from other cities with similar concerns. Weidt asked how the ordinance would have changed recent protests. Bear explained that the City has had the ability to learn about protests in advance and with an ordinance can proactively communicate with those organizations which may cause them to abide to the restrictions, go to a location where that type of activity was permitted, or not protest at all. It would set the ground rules in advance and provide enforcement ability. Snyder added that the ordinance has a proactive benefit by alerting people to it and, one hoped it would be followed. It also has the potential for citation or even arrest. Weidt said he felt the Sheriff’s Department did a good job of keeping the residents safe, and he talked about feedback from residents on both sides of the issue. He acknowledged the right to peacefully protest and wanted residents to know the ordinance would not block protest activity but would allow the City to proactively discuss it and enforce misbehavior. Snyder wanted it noted for the record that the PowerPoint was part of the record and part of the deliberation. Hugo City Council Meeting Minutes for September 8, 2020 Page 8 of 9 Klein made motion, Weidt seconded, to approve ORDINANCE 2020-501 RELATING TO AND REGULATING TARGETED PICKETING IN RESIDENTIAL NEIGHBORHOODS IN THE CITY OF HUGO along with the PowerPoint and presentation. Roll call vote – all ayes. Motion carried. Yellow Ribbon Network Report Council Member Chuck Haas and Council Member Phil Klein reported to Council on the Yellow Ribbon Network activities held recently. A care package event was held with the help of the Sam Leedom family. Jeff Hanzal of Hanzal Construction responded to a frantic need from a family to get door replaced. Barb Connolly and Marilyn Stromberg re-did the display in the City Hall entryway featuring the YRN. Pheasant hunts are being planned for October and December, and a youth hunt will take place in the beginning of October. Midyear Budget Workshop on Tuesday, September 15, 2020 City Administrator Bryan Bear reminded Council a midyear budget workshop had been scheduled for Tuesday, September 15, 2020, at 4 p.m. This meeting would be held virtually. Roll call vote – all ayes. Motion carried. Schedule Groundbreaking Ceremony for New Public Works Building City Administrator Bryan Bear recommended Council select a date on which to hold the groundbreaking ceremony for the new Public Works building. Weidt made motion, Miron seconded, to schedule the groundbreaking ceremony for the new Public Works facility for Thursday, September 17, 2020 at 3 p.m. Roll call vote – all ayes. Motion carried. Set Date for the Grand Opening of the Future Park in Adelaide Landing City Administrator Bryan Bear recommended that Council schedule a grand opening for October 6, 7, or 8, or before the regular Council meeting on October 5th for the future park in Adelaide Landing, which is anticipated to be complete at the end of September. Residents would be invited, and all who attend would be asked to social distance. Klein made motion, Petryk seconded, to schedule grand opening for October 7, 2020 at 3 p.m. Roll call vote – all ayes. Motion carried. Hugo City Council Meeting Minutes for September 8, 2020 Page 9 of 9 Adjournment Miron made motion, Klein seconded, to adjourn at 8:18 p.m. Roll call vote – all ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk