Anoka City Council

January 22, 2019 (Regular) Page 1 of 8 REGULAR MEETING OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS JANUARY 22, 2019 1. CALL TO ORDER Mayor Rice called the meeting to order at 7:08 p.m., followed by the Pledge of Allegiance. 2. ROLL CALL Present at roll call: Mayor Rice, Councilmembers Barnett, Freeburg, and Skogquist. Staff present: City Manager Greg Lee; Police Chief Eric Peterson; Police Captain Anderson; Community Development Director Doug Borglund; Communications Manager Pam Bowman; Police Officer Jake Sorteberg; Public Services Director Mark Anderson; City Attorney Scott Baumgartner; and Recording Secretary Cathy Sorensen. Absent at roll call: Councilmember Wesp. 3. COUNCIL MINUTES 3.1 Minutes of the January 7, 2019, Regular Meeting. Councilmember Skogquist noted a correction needed to the spelling of Dugrantz name on Page 12. Motion by Councilmember Barnett, seconded by Councilmember Freeburg, to waive the reading and approve January 7, 2019, Regular Meeting minutes as corrected. Vote taken. All ayes. Motion carried. 4. OPEN FORUM 4.1 Presentation of Vest to K-9 Bravo. Police Chief Eric Peterson introduced 11-year-old Tyler Carach who is nationally known as “The Donut Boy” of Atmore Alabama. Tyler presented the Anoka Police Department’s K9 Bravo with a donation of a bullet and stab protective vest purchased with $950.00 of funds raised and obtained from a non-profit organization known as Vested Interests in K9s Inc. Chief Peterson presented Tyler with the civilian service commendation for his support of the Law Enforcement Community and his efforts to bridge the relationship gap between the police and the public. January 22, 2019 (Regular) Page 2 of 8 Councilmember Skogquist thanked Tyler for his outstanding fundraising work and traveling to Anoka to present the vest to K9 Bravo. Councilmember Barnett said Tyler was an inspiration to the community and all officers that his work is impacting, adding he was a special individual. Councilmember Freeburg wished Tyler all the best in his future, stating he was a success already and that Anoka will continue to follow his efforts. Mayor Rice agreed, stating he looked forward to seeing all the great things that Tyler will be accomplishing over the coming years. Chief Peterson commented on the support Tyler has received from across the country which continues to grow and thanked him again for his work. Mayor Rice noted how K9s are used in surrounding communities through mutual aid to assist when needed and said how fitting it was to have Bravo supported from outside Minnesota. 4.2 Winterfest Activities. Communications Manager Pam Bowman shared highlighted the various activities offered at this year’s Anoka Winterfest, which will take place at George Enloe Park on Friday, January 25 and at Green Haven Golf Course & Event Center on Saturday, January 26. She shared event details and a list of marketing efforts and photos from the 2018 event, noting while many free activities will be offered, they will also be collecting monetary and non-perishable food shelf donations for ACBC Food Shelf on both dates. Ms. Bowman thanked the many individual volunteers and event sponsors for partnering in this event, including the Waste Reduction and Recycling Board. Councilmember Skogquist thanked Ms. Bowman and everyone for their work and said he looked forward to the event. 4.3 Police Activity Update. Chief Peterson shared how activities have been going well and while the morning’s snow had resulted in some serious accidents the department assisted everyone very well. Mayor Rice asked if the short merge and exit lanes contribute to some accidents. Chief Peterson agreed certain areas have shorter merging lanes that could make it difficult to navigate vehicles which requires drivers pay high attention to avoid accidents. January 22, 2019 (Regular) Page 3 of 8 Councilmember Barnett inquired about any impacts from the City’s 1AM restaurant closing time. Chief Peterson said officers have reported things are going well and said while he is still staffing appropriately until more time has passed, he is seeing a good trend already in fewer calls and less crime and activity. He noted while some of this trend could be partially due to weather staff will continue to monitor and adjust staffing accordingly. 5. PUBLIC HEARING(S) None. 6. CONSENT AGENDA Motion by Councilmember Freeburg, seconded by Councilmember Barnett, to approve Consent Agenda 6.1 through 6.9. 6.1 Approve Verified Bills. 6.2 Revising and Setting Council Calendars. 6.3 Recommended Approval of an LG220 Gambling Permit for Church of St. Stephen, 525 Jackson Street, March 2, 2019, Raffle. 6.4 Recommended Approval of a Temporary On-Sale Liquor License for Church of St. Stephen, 525 Jackson Street, March 2, 2019, Mardi Gras. 6.5 Resignation from Heritage Preservation Commission; Beth Franzen. 6.6 Issuance of a Massage Business License for Better Life Massage, LLC, 3841 St. Francis Boulevard, Unit 102. 6.7 Issuance of a Massage Therapist License for Wanting You of Coon Rapids at Better Life Massage, LLC, 3841 St. Francis Boulevard, Unit 102. 6.8 Issuance of a Massage Therapist License for Xiaping Zeng of Coon Rapids at Better Life Massage, LLC, 3841 St. Francis Boulevard, Unit 102. 6.9 Issuance of Tree Care/Arborist License; Midwest Tree Experts MN, Inc. Vote taken. All ayes. Motion carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 7.1 Planning Items: None. January 22, 2019 (Regular) Page 4 of 8 8. PETITIONS, REQUESTS AND COMMUNICATION None. 9. ORDINANCES AND RESOLUTIONS 9.1 RES/Non-Renewal of License for the Sale of Tobacco and Tobacco Related Products; Super Smokedale Tobacco, Inc., 201 Jackson Street, Suite 101. City Manager Greg Lee shared a staff report with background information to the Council stating on October 4, 2018 the City sent Super Smokedale Tobacco, Inc., an application packet to renew their license with the City for 2019. He stated at the January 7, 2019, meeting staff presented a recommendation to the City Council that the City not renew License #1494, which is a License to Sell Tobacco & Tobacco Related Products to Super Smokedale Tobacco, Inc., 201 Jackson St, Suite 101. At that meeting, Legal Counsel Terry Watkins, representing Mr. Hatem Younis (owner of Super Smokedale Tobacco), was given the opportunity to be heard regarding the recommended denial. Staff and the City Attorney reviewed a multitude of concerns related to the renewal of Super Smokedale’s license here in Anoka and the concerns staff has regarding the safety and welfare of our citizens. City Council directed staff to prepare a formal resolution denying the renewal of the license to be presented for consideration at the January 22, 2019 Anoka City Council meeting. Mr. Lee shared additional reasons staff considered in the recommendation for non-renewal that included the previous sale of drug paraphilia and synthetic drugs, four separate incidents of disorderly conduct onsite, and license denial from the City of Oakdale, noting all were reasons for license denial alone in addition to the host of other legal issues currently occurring. Councilmember Barnett stated while there is still an open investigation and that the crimes are currently alleged and not proven once she reviewed City Code that addressed license issues occurring within the past five years and preceding 24 months this action was indisputable. Motion by Councilmember Skogquist, seconded by Councilmember Barnett, to adopt a resolution of denial for renewal of License #1494, to Sell Tobacco & Tobacco Related Products in the City of Anoka; Super Smokedale Tobacco Inc., 201 Jackson St, Suite 101, Anoka, Minnesota. Councilmember Freeburg noted a license was not a right but a privilege. City Attorney Scott Baumgartner clarified while convictions were not necessarily convictions relative to the dispositions of those offenses, admission of guilt is somewhat less than a conviction and this case was a stay of adjudication. He said the court did not accept a plea and the applicant was now in violation and would be dismissed if no other issues. He said the admission of wrongdoing was more January 22, 2019 (Regular) Page 5 of 8 troubling than an actual conviction and important when considering a renewal. Mr. Baumgartner said his recommendation was also based on the City of Oakdale’s decision not to renew their license rather than revoke which relied heavily on the health, safety and welfare of the community and noted that during his involvement with Anoka over the past 12 years the City Council has made difficult decisions but always with the right thing for the community driving the Council’s decision. He said he agreed this action was the right decision and fit the Council’s obligation to uphold and protect the community. He acknowledged that while the issues were only allegations, they were serious allegations and should not change the Council’s opinion on what is the right thing to do. Mayor Rice noted the applicant did not apply for renewal in a timely manner and that denial could be based on that fact alone. Mr. Lee agreed the application was delayed but said it was eventually received after the deadline. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Freeburg, and Skogquist voted in favor. Motion carried. 9.2 RES/Purchase Agreement; City’s Purchase of 2616 4th Avenue. Community Development Director Doug Borglund shared a staff report with background information to the Council stating the City and Federal National Mortgage Association (Fannie Mae) have agreed on a purchase price of $130,000.00 for the subject property. The long-term use of the property is for redevelopment. This property has gone through the foreclosure process and is vacant. The subject property is 22,158 square feet in size. The subject parcel would be combined with an existing parcel(s) the City owns and would increase the overall site to 92,746 square feet or 2.13 acres. As noted on the location map there are other parcels that the City has acquired in this area just east of the subject parcel. He shared the tentative schedule that included closing on the property on or before January 22, 2019 and shared the proposed purchase price of $130,000.00. Councilmember Freeburg asked if 2612 4th Avenue was inhabited and said he would like to look at these properties for potential blight. Mr. Borglund said 2612 4th Avenue was a rental property and that 2600 4th Avenue owned by Jim Abeler and that staff had been working with the property owner on code compliance issues. Councilmember Freeburg commented on how he was losing his desire to purchase some of these parcels as so much has been purchased in the Commuter Rail Transit Village (CRTV) and that he has not seen a lot accomplished. Mr. Lee suggested a future worksesssion to further discuss this area. Mr. Borglund noted the next worksession would include review of a proposal for this area. January 22, 2019 (Regular) Page 6 of 8 Councilmember Barnett confirmed this action would not require acquisition of 2616 4th Avenue. Mayor Rice referred to tax increment financing (TIF) and how funds after June 2020 were for payments towards debt and asked if staff sees development that would out pay this debt. Mr. Borglund said revenues and returns are greater with development and that the City would be on track to receive this return as there was lots of activity and interest across the City which is good. He said they meet with potential developers each week interested in Anoka and shared how one project like Kwik Trip helps breed other activity. Mayor Rice asked what happens if revenues are greater than the debt. Mr. Borglund said the funds would then be used for acquisitions, redevelopment etc. Councilmember Skogquist agreed with Councilmember Freeburg in the fact that the City has purchased a lot of property and has been focusing on this area for 20 years. He said he would be supportive of this purchase because of the condition of the home and the possibility of future commercial development but said going forward we should limit where these types of acquisitions occur and how much we spend. Mayor Rice said the City views TIF as a tool to inspire development and the CRTV was a great opportunity to promote development in the City and historic downtown and said he does not see the City purchasing all property but does see us purchasing some to provide incentives for developers. Motion by Councilmember Freeburg, seconded by Councilmember Skogquist, to adopt a resolution approving purchase of property at 2616 4th Avenue. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Freeburg, and Skogquist voted in favor. Motion carried. 9.3 RES/Approving Memorandum of with Anoka Hennepin Drug and Violent Crimes Task Force; Designating Anoka County Sheriff’s Office as the Fiduciary Agent for the Task Force Regarding Federal Forfeiture Funds. Chief Peterson shared a staff report with background information to the Council stating it is requested the City Council adopt a resolution for a Memorandum of Understanding with Anoka Hennepin Drug and Violent Crimes Task Force; Designating Anoka County Sheriff’s Office as the Fiduciary Agent for the Task Force regarding Federal Forfeiture Funds. He noted the importance of reporting of funding approved by Council Councilmember Skogquist asked questions regarding how these funds were received and where else we get them. Chief Peterson explained how federally forfeited funds were shared with the Drug Task Force and while there are not January 22, 2019 (Regular) Page 7 of 8 many in reality compared to the State-forfeited cases there are also funds through DUI forfeitures with the largest amount received from drug forfeitures through Anoka County. He explained how the funding was used for equipment, training and operation costs in things such as education from DUIs. Mr. Baumgartner noted only certain items can be acquired with these funds such as equipment, education, and training. Councilmember Skogquist asked how much funding we receive and if it changed the effects. Chief Peterson estimated if the funds went away it would affect how the Task Force operated but said not the Department and explained how the funding helped offset car costs, Tasers, apprehension and detection equipment, training for K9s, technology, etc. Councilmember Skogquist asked about the recent Supreme Court decision regarding rules for forfeitures that govern Minnesota and if they were open to interpretation with regards to funds compared to fine amounts. Mr. Baumgartner responded that vehicle forfeitures are often used based on the value of the car that far exceeds the fine amount and said the argument has been tried several times and failed each time. He shared how he felt that vehicle forfeitures will eventually go away because of ignition interlock technology but noted that as far as challenging excessiveness cities have won because the rationale is to remove instrumentality of the equipment from roadway. He shared comments on those larger cases but noted the majority of vehicles are of lesser value and do not cover costs for towing and storage. Chief Peterson agreed how cities do not receive excess funds from forfeitures and stated officers do not target drivers for that purpose as they would prefer not having to do any of that enforcement but have drivers follow rules of the State. Motion by Councilmember Freeburg, seconded by Councilmember Barnett, to adopt a resolution approving a memorandum of understanding with Anoka Hennepin Drug and Violent Crimes Task Force; designating Anoka County Sheriff’s Office as Fiduciary Agent for the Task Force regarding Federal Forfeiture Funds. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Freeburg, and Skogquist voted in favor. Motion carried. 10. UNFINISHED BUSINESS None. 11. NEW BUSINESS None. January 22, 2019 (Regular) Page 8 of 8 12. UPDATES AND REPORTS 12.1 Tentative Agenda(s). The Council reviewed the tentative agendas of the upcoming Council meetings. 12.2 Staff and Council Input. None. 13. ADJOURNMENT Councilmember Freeburg, made a motion to adjourn the Regular Council meeting. Councilmember Barnett seconded the motion. Vote taken. All ayes. Motion carried. Time of adjournment: 8:00 p.m. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerk