Anoka City Council

September 26, 2022 (Worksession) Page 1 of 7 WORKSESSION OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL WORKSESSION ROOM SEPTEMBER 26, 2022 1. CALL TO ORDER Mayor Rice called the worksession meeting to order at 5:00 p.m. 2. ROLL CALL Present at roll call: Mayor Rice, Councilmembers Skogquist, Weaver and Wesp. Staff present: City Manager Greg Lee; Community Development Director Doug Borglund; Assistant City Engineer Ben Nelson; Senior City Planner Clark Palmer; Police Chief Eric Peterson; Police Captain Andy Youngquist; Public Services Director Mark Anderson; and City Attorney Scott Baumgartner. Absent: Councilmember Barnett. 3. COUNCIL BUSINESS and/or DISCUSSION ITEMS 3.1 Discussion; Minnesota Department of Transportation Highway 47 (Ferry Street) and BNSF Railroad Preferred Alignment Alternative Evaluation Recap and Next Steps. Assistant City Engineer Ben Nelson shared a staff report with background information stating at the July worksession, the Minnesota Department of Transportation (MnDOT) project team representatives provided an overview of the open house, alternatives dismissed, alternatives under evaluation, refined alternatives evaluation, recommend alternative, and next steps/updated schedule for the Highway 47 (Ferry Street) and BNSF Crossings project. Council provided direction to MnDOT that the City’s preference was Alignment Alternative 2, which is the best and safest alignment for the traveling public as it reduces the curves and reduces dangerous truck turning movements that occur near the curves in Alignment Alternate 5. An overview of these two alignment alternates were reviewed in detail and after emphasis on project safety and the need to complete the project right the first time MnDOT’s preferred alignment was a hybrid of Alignment Alternative 5 north of the railroad tracks. Project team representatives Mark Lindeberg, Project MnDOT Metro District Project Manager, Mike Barnes, MnDOT Metro District Engineer, Craig Hass of SRF Consulting, and Collin Schroeder of SRF Consulting provided a presentation that included the preferred selected alignment, project benefits, operations/safety, funding update, and next steps/updated schedule. They shared the amount of impact to Alter Metals and that staff was awaiting feedback from them, September 26, 2022 (Worksession) Page 2 of 7 anticipated crash reduction of almost 50% once grade separation occurred, the need to award the project by December 2024, and that the Minnesota Pollution Control Agency (MPCA) will not require any new permits for the relocation of the existing storm pond if it remains the same size and meets all the permit requirements today. They said the MPCA will likely not revoke the air quality permit due to project impacts and that municipal consent will be required for any alignments being considered. Councilmember Skogquist asked about costs with the updated plan that included relocating the pond and creating access roads. Mr. Barnes said the project cost ranged from $26-$43 million and did include right-of-way, construction, and contamination remediation. City Manager Greg Lee said the bonding bill was $110 million and while the Moorhead project was estimated at $65 million this did not necessarily mean that Anoka would receive the balance of the bonding bill. Mr. Barnes shared about the recent meeting with the MPCA and the likelihood of 12 feet of soil corrections. Councilmember Wesp inquired if the MPCA was aware of municipal wells near the site and if there were any concerns. Mr. Lee noted the road and wells were separate issues and that MnDOT was focusing on road construction. He said the no-build option was no longer feasible but that Alternative 2 straightens the curve better than Alternative 5 then asked about the potential of violating Statute by constructing a road this close to the river. Mr. Hass responded said they have no concerns that this road will not be constructed and confirmed there would be no violation of Statute with its proposed location near the river. Councilmember Weaver said he understands the need for safety and MnDOT’s need to move traffic but expressed concern with the proposed location along the river as it will impact wellhouses and make the island inaccessible. Councilmember Skogquist said he did not want to give consent at this time until more review is done as this final project will last for a long time in the future and needs further review. Mr. Hass spoke about how Alternative 5 matches the speed limit on both ends which if not could have the opposite effect on safety and how they were trying to get design speeds consistent throughout the road. September 26, 2022 (Worksession) Page 3 of 7 Mr. Lee spoke about how the project could result in ultimately rebuilding Alter and the need for municipal consent before any land acquisition discussions can even occur. Mr. Nelson said an open house will be held in November to outline Alternative 5 as MnDOT’s preferred alignment which will be followed by municipal consent consideration. Jeff Nelson, Wingfield Avenue, asked if the DNR has to approve the proposed road near river. Mr. Barnes said MnDOT would be working in partnership with the DNR as part of the environmental agreement prior to final design and confirmed their position that Alternative 2 or no-build were viable options. Mayor Rice shared concerns about the proposed plan and encouraged staff and MnDOT to continue to address the City’s concerns prior to request for municipal consent. 3.2 Discussion; League of Women Voter’s Candidate Forum. Mr. Lee shared a staff report with background information stating at the direction of the City Council, the League of Women Voters (LWV) has historically conducted a candidate forum utilizing the Council Chambers at the Anoka City Hall with services provided by QCTV. The forums were open to the public and participation was promoted by the City. The public could observe and even directly participate during the forum by submitting questions which would be posed by the moderator. He noted during the 2020 election season the LWV restricted public access to the forum due to the COVID pandemic then shared a summary of what transpired during the September 15, 2022, forum in relation to restricting public attendance. Mr. Lee said in researching other forums, it appears that other cities are encountering similar issues and questions. He outlined several options the City Council could consider in regards to public attendance and participation in the future then asked Council to provide staff direction regarding other forum options. Gretchen Sabel, President of the local chapter of LWV, shared about their work with voting activity for over 100 years and commented about this year’s candidate forum and their desire to address any misperceptions. Laura Helmer, State LWV, shared their non-profit and incorporation status and how they were a non-partisan group that addressed voter registration and education. She spoke about the LWV’s fundamental values, policies, and commitment to issues which can at times be misconstrued and how members do not endorse any party or candidate. Ms. Helmer shared about the history of candidate forums and partnerships with cities like Anoka and how the LWV values openness and transparency then spoke about their policies regarding public September 26, 2022 (Worksession) Page 4 of 7 forums such as safety, volunteer staff, and other factors. She thanked the City for their support. Julie Trude, LWV, shared comments that while being non-partisan all members still take positions on different issues, such as road construction projects, and how the forums are valuable for voter education. She spoke about the concerns that resulted from the recent forum and the City’s meeting use policy which the LWV followed and the need to conduct forums in the manner they chose which is not discriminatory. She stressed wanting to protect their reputation and said they will work with the City going forward. Ms. Sabel spoke about the importance of protecting their volunteers and reputation and how members should not be required to check their rights when part of this organization. Kevin Landry, Anoka, shared comments about words said at a past open forum that included insurrection and importance of truth. He felt the public should have been able to attend the shared frustrations about the public being rude and imposing on the candidates. He spoke about perspective and that as leaders we should not allow intimidation or bullying to occur as it was unfair to the candidates. Mayor Rice commented how forums that included the public can be disruptive to the candidates when comments or gestures for or against a candidate occur. He shared concerns about LWV candidate support and the need to remain nonpartisan to candidates participating in the forum and when open to the public there was the potential for candidates to be distracted by spectators. Ms. Helmer explained how LWV leadership positions are not allowed to support candidates but that members may participate in political campaigns then compared the similarity to if the Chamber of Commerce held a similar forum. Bjorn Skogquist, former Mayor and brother of Councilmember Skogquist, commented about not having those who donate be part of the forum and the lack of candidate disclosure and disclosure overall from Council in the past. He shared how some Councilmembers got the City Manager to act which should have been done during the public worksession instead of the day of the event which resulted in appear threatening to the LWV. He said it was important to focus on how the City conducts business the spoke about the implied consequences to the LWV and disagreed with which Councilmembers contacted the City Manager. Mr. Skogquist shared concerns about possible violations of the open meeting law leading from a majority direction of the body that resulted in action. Mayor Rice said he felt the reference to lack of disclosure felt accusatory and noted there were only two Councilmembers running for office and neither contacted the City Manager to change any direction. He said he supported a September 26, 2022 (Worksession) Page 5 of 7 different type of forum overall where candidates could not hear other candidate responses which can sometimes assist in formulating good responses. City Attorney Scott Baumgartner outlined his research regarding open meeting law relative to serial meetings and said while there is no case law there were legal opinions that speaks to whether consensus is reached outside a public meeting that provides direction of a majority of Council. He said while consensus should not be reached there is also the need to balance this with direction needed for staff and Council to be in contact with each in order to conduct City business. Councilmember Weaver read an email he sent into the record regarding a question he had about the LWV’s forum format and disagreed that it was strong in nature as it was only a question. Councilmember Wesp said while he was in favor of having the forum open, he was more concerned about member contributions to candidates. He said while their members should have the right to support candidates, he would have preferred disclosure that organizers had supported one of the candidates as it was important. Senior City Planner Clark Palmer read a letter into the record from Michael Erickson, 2200 2nd Avenue, Unit 102, and husband of forum organizer Jody Anderson. Ms. Helmer clarified the LWV’s policy at the State and local level which may be stricter and clarified they applied to the president, chair, and moderator and not necessarily the organizer. Ms. Sabel spoke about mirroring the State’s policies. Sandy Connor, LWV moderator, shared how forum questions were submitted by residents of Anoka and confirmed that she did not contribute to any candidate in the City of Anoka. She said she has always found candidates respectful and hoped to find a solution moving forward. Mayor Rice shared concerns about campaign donations and said while he hoped that all LWV members contribute it should not be for candidates where they are involved in the forums. Councilmember Weaver said the integrity of the LWV organization must be protected and suggested that future forums be modeled after the City of Ham Lake by partnering with the Chamber of Commerce and opening them to the public. Councilmember Skogquist said he felt Council gave clear direction at the August worksession and respected the LWV organization. He said he was disappointed September 26, 2022 (Worksession) Page 6 of 7 that a call was made that was opposite of that direction and not part of the Council discussion and said while the public in attendance were ultimately allowed to participate others were not and that we need to change the way we conduct business and suggested an outside entity be appointed to review and ensure that the City follows its policies going forward. Mr. Lee explained that it was not his understanding from the worksession that the public not be allowed during forums and said he was trying to do his best for the LWV and suggested utilizing an adjoining room to allow public to listen. He clarified he did not contact Mayor Rice or Councilmember Skogquist the day of the forum as they were candidates and already aware of the proposed format. Ms. Sabel said while the LWV did not let the City know specifically about the closed format the candidates were aware and said as a private organization conducting a private event, they were unaware of any additional policies but were willing to move forward and consider partnering with the Chamber. Jeff Nelson, Anoka, said the concern seemed to focus on campaign donations but said he was more concerned about what occurred when the public was told the event was closed and they entered anyway and asked for Council’s response. Mr. Lee clarified when he contacted the LWV he did not state they had to open their meeting but cautioned if they did not there could be consequences going forward. Kelly Nelson, Anoka, said this was an issue of what the candidates were told regarding the structure and the public who forced themselves into the meeting who knew it would be closed as some were representatives of the City. Mayor Rice objected to the word forced and reiterated how the evening transpired. Ms. Nelson said the LWV representatives had shared in their letter that they felt the public forced their way in. Ms. Sabel confirmed how a member tried to shut the door but the public pushed the door and entered anyway and that when they saw Mayor Rice not taking action as a person of authority they had to allow it. She said the member did not feel safe that evening and will not return to Anoka and said when the LWV was told about consequence there was an implied threat. She spoke about how the LWV was being treated differently than other non-profit organizations which should not be the case and suggested another location be used within City Hall in the future. Mayor Rice apologized and said he was informed the forum was closed and while he knew there was discussion about that format he was not a person of authority in that setting as it was the LWV’s event then stated the LWV was being treated September 26, 2022 (Worksession) Page 7 of 7 differently because the City did not allow other non-profit organizations to utilize Council Chambers in this manner. Bruce Pomerantz, LWV, asked for clarification that the LWV is the only organization that uses Chambers then spoke about the First Amendment and government offices and said if the City opens a room to one organization it has to open the room to all organizations otherwise it could be considered censorship. UPDATES/REPORTS/COUNCIL SUGGESTIONS FOR TENTATIVE FUTURE AGENDA ITEMS None. 4. ADJOURNMENT Motion by Councilmember Weaver, seconded by Councilmember Wesp to adjourn the Worksession at 7:28 p.m. Motion carried. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerk