Anoka City Council

February 4, 2019 (Regular) Page 1 of 10 REGULAR MEETING OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS FEBRUARY 4, 2019 1. CALL TO ORDER Mayor Rice called the meeting to order at 7:03 p.m., followed by the Pledge of Allegiance. 2. ROLL CALL Present at roll call: Mayor Rice, Councilmembers Barnett, Freeburg, Skogquist, Wesp. Staff present: City Manager Greg Lee; Police Chief Eric Peterson; Police Captain Andy Youngquist; Community Development Director Doug Borglund; Associate Planner Clark Palmer; Housing Manager Darin Berger; Engineering Technician Ben Nelson; Public Services Director Mark Anderson; and City Attorney Scott Baumgartner. Absent at roll call: None. 3. COUNCIL MINUTES 3.1 Minutes of the January 22, 2019, Regular Meeting. Councilmember Skogquist noted a correction was needed to Page 6, fourth paragraph: “… possibility of future commercial development but said going forward we should limit where we these types of acquisitions occur and how much we spend.” Motion by Councilmember Barnett, seconded by Councilmember Wesp, to waive the reading and approve January 22, 2019, Regular Meeting minutes as corrected. Vote taken. All ayes. Motion carried. 4. OPEN FORUM 4.1 Police Activity Update/Demonstration and Policy Review of Body Cams. Police Chief Eric Peterson reported Officer Austin Orrin had recently completed field training and that the City was pleased to have him as part of the department. He shared how the recent extreme cold brought a lot of activity to Anoka with 58 vehicle accidents due to black ice with the majority occurring on Highway 10. He encouraged everyone to slow down and allow additional distance between vehicles when driving. February 4, 2019 (Regular) Page 2 of 10 Police Captain Andy Youngquist introduced the Police body worn camera system and reviewed the Police policy. He shared how the system worked and how it will enhance police work, increase public trust, assist with investigations, and provide training opportunities. He reviewed the policy related to the use, operation and data standards surrounding body worn cameras (BWC) including documentation, records retention, and data storage and classification of public, private, and confidential. Councilmember Barnett inquired about impacts to schedules due to additional steps required to activate BWCs. Captain Youngquist said it takes minimal time to activate and wear the BWCs and that officers can classify video and incorporate case numbers quite quickly. Chief Peterson noted the additional time comes in when handling data and getting videos to courts but noted staff already processing squad camera footage. Captain Youngquist said technology is progressing quickly and that eventually they will be able to utilize cloud storage instead. Councilmember Barnett asked who will be wearing BWCs. Captain Youngquist said all sworn officers and full-time CSO staff will be required to wear BWCs. Chief Peterson said the policy model was based on the League of Minnesota Cities and is very comprehensive. He said that sensitive footage such as inside a person’s home has to be balanced with the public’s expectation of transparency and that use of cameras will contribute towards making officers even more accountable as well as assist with evidence gathering. He said they liked the selected device and will be sharing server space with Anoka County that will result in lower costs. Councilmember Skogquist asked who would review the Police Chief’s footage in the event of an incident. Chief Peterson explained how the policy required uniformed officers to wear the BWCs and how command staff had incidental contact with individuals as they typically do not make arrests but noted that should he be wearing a BWC that his camera footage would be available to the City Manager and other agencies through the audit process. Captain Youngquist explained the public input opportunity portion of this process and encouraged anyone to contact the Police Department with their comments, adding the intent is to have officers begin wearing BWCs in April. 5. PUBLIC HEARING(S) None. 6. CONSENT AGENDA February 4, 2019 (Regular) Page 3 of 10 Motion by Councilmember Wesp, seconded by Councilmember Skogquist, to approve Consent Agenda 6.1 through 6.3. 6.1 Approve Verified Bills. 6.2 Revising and Setting Council Calendars. 6.3 Issuance of a Tobacco Business License for SuperAmerica; AKA; Vikroh Resource, LLC, 750 W. Main Street. Vote taken. All ayes. Motion carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 7.1 Planning Items: 7.1.A. RES/Conditional Use Permit; Proposed Event Center, 111 Harrison Street. Associate Planner Clark Palmer stated Darrin and Emily Larson have applied for a Conditional Use Permit (CUP) for the property located at 111 Harrison Street (Mill Site Building) for an event center use. The property is located within the B- 3 General Business zoning district and North Central Business District (NCBD) zoning overlay. The proposed use requires a CUP in the applicable zoning district. He said the Planning Commission reviewed the application and held a public hearing on December 4, 2018, and recommended approval with the following conditions: 1. Parking shall comply with the approved parking plan. 2. A parking plan shall be developed that is found acceptable by the City Council. 3. An outside patio plan shall be developed and accepted by the City Council. 4. Hours of operation shall be set by the CUP and approved by the City Council. 5. Any new lighting shall direct light away from adjacent properties and meet the heritage preservation guidelines for exterior renovations to historic buildings. Mr. Palmer said the application was further discussed at the January 28, 2019, City Council work session where the Council expressed support for the application with no additional conditions of approval suggested. He said staff was recommending that Conditions 3 and 4 of the Planning Commission’s recommendation be removed since the applicant no longer seeks to establish an outdoor patio as part of their use and that there would be no noise concerns from outdoor activities. Councilmember Skogquist said he was pleased to see this use as it would renovate the building and thanked the applicants for investing in Anoka. He noted a neighbor’s concerns about noise but felt it was being addressed based on the current City noise ordinance. February 4, 2019 (Regular) Page 4 of 10 Councilmember Freeburg said he was pleased with this proposed use as well and said that parking is always a concern for the downtown area but felt this use would work and wished the applicants all the best in this venture. Motion by Councilmember Freeburg, seconded by Councilmember Skogquist, to adopt a resolution approving a Conditional Use Permit, 111 Harrison Street. Mayor Rice asked what recourse would be available should a noise concern arise. City Attorney Scott Baumgartner stated Council had the right to revoke the CUP if conditions are not met or by ordinance for items such as noise violations. Mayor Rice said while this was a terrific use, he was concerned about having adequate parking. Mr. Baumgartner said there will always be parking issues to work on but noted people find their way around and that parking issues would be difficult to monitor and enforce. Mayor Rice said it is normal to share parking in this area but that he is concerned about enforcement if there is a problem but could be address through ordinance violations. Councilmember Freeburg referred to the vacant lot on 2nd Avenue and Harrison Street and how it has been difficult to redevelop and suggested with the anticipated activities and celebrations that a parking lot could be created. City Manager Greg Lee said the topic of parking was scheduled for an upcoming worksession due to the anticipated increase in activities. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Freeburg, Skogquist, and Wesp voted in favor. Motion carried. 8. PETITIONS, REQUESTS AND COMMUNICATION None. 9. ORDINANCES AND RESOLUTIONS 9.1 ORD/Sale of Woodbury House, 1632 S. Ferry Street. (1st Reading) Community Development Director Doug Borglund shared a staff report with background information to the City has been in discussions with TLK Enterprises regarding property known as 1631 Ferry Street or the Woodbury House and that the City was considering entering into a Purchase Agreement/Contract for Deed to sell the historic property to TLK Enterprises LLC, Liz and Tim Koch owners of the Mad Hatter Restaurant. The Kochs currently lease the Woodbury House from the City to operate their well-known restaurant. The subject property is made up of one parcel equaling 2.30 acres in size and includes a two story, 4,169 square February 4, 2019 (Regular) Page 5 of 10 foot building that has been renovated and preserved by the City of Anoka. The City had the property appraised in the spring 2018. The property appraised for $807,000.00. The City has received an offer of $807,000.00 for the land and building contingent upon the City Council’s approval to entering into an agreement with TLK Enterprises. He said the City Attorney and the TLK’s legal representative are satisfied with the agreement that has been negotiated and shared the proposed schedule that included a potential closing for spring 2019. Councilmember Wesp said the Woodbury House has always been a place of pride for the City and when it had started to enter a state of disrepair the City purchased the site and identified great tenants who have built a successful business with the City’s help. He said the easement access makes sense and was comfortable with the proposal but referred to some people’s concern about the lack of down payment but noted how the Kochs have put a lot of sweat equity and cash into the project already and will be putting in more after closing which takes it away from the City’s responsibility for repairs and maintenance, Motion by Councilmember Wesp, seconded by Councilmember Freeburg, to hold first reading of an ordinance to convey real estate property to TLK Enterprises, LLC. Councilmember Freeburg wished the Kochs the best and noted this site needed to be purchased with the direction to the Kochs to renovate the property. He shared concerns about the easement being along the river’s bluff as it provided no advantage to seeing the river anyway because of the vegetation and how people would feel awkward walking that trail. He noted the building’s use could change over the next 50 years and that the easement should be along the sidewalk and then go back along the river as having the easement in this place would be a hinderance for future sales and said he would like to see the easement vacated. Councilmember Skogquist commented on Paragraph 8B of the purchase agreement that says the buyer has the ability to agree to zoning changes. Mr. Baumgartner said the language refers to any future zoning changes and how the use would become a legal non-conforming use in any event. Councilmember Skogquist referred to covering taxes and how the easement exists as long as we want it there but that the City would not put in a trail until both parties agree. He said he did not want to restrict the City’s ability to have trail go along this area and that blending of public and private is importance and that we should not be too short-sighted for the future and that it made sense to have this area available for a future trail. Councilmember Freeburg noted there would still be a connection from Peninsula Point Park to the downtown area even if the easement was removed and that he does not see how the trail could go through someone’s private property. February 4, 2019 (Regular) Page 6 of 10 Councilmember Barnett said she originally wanted to retain the easement but upon walking the area agreed it seemed too close and would vacating the easement. Mayor Rice said the building will never be an actual home again and that the City owns the easement rights to the property and how we could vacate the easement at any time in the future but when then have to buy it back if things changed. He said he would not support vacating the easement and that we have already agreed to not do anything intrusive in the area unless agreed by all parties. Councilmember Wesp noted the appraisal included the easement and that the property value had not been affected by the easement and if we abandon the easement, we cannot get it back and should follow staff’s recommendation. Councilmember Freeburg confirmed that a future Council could abandon the easement. Councilmember Skogquist said he appreciated what has been done and short of the City keeping the north parcel for park land the easement along the wall would be the easiest. He said he was supportive of the project but would be voting against it because of the easement. Mr. Borglund noted second reading of the ordinance would be held at the February 19 City Council meeting. Mr. Lee said taxpayers were being made whole on this project with a net profit of $42,000 in addition to the public interest of rehabbing a property and exposing the public to a historic building. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Freeburg, and Wesp voted in favor. Councilmember Skogquist voted nay. Motion carried. 9.2 RES/Acceptance of Gift of Lane; 2400 Maple Lane. Housing Manager Darin Berger shared a staff report with background information to the Council stating in 2018, staff was contacted by a representative of Shamrock Development, Inc. inquiring if the City had interest in purchasing vacant land at 2400 Maple Lane. After some internal discussion, staff determined that due to the location and small amount of buildable land there was no interest in purchasing the property. Late last year, Shamrock Development came back to the City offering the land as a gift. He said the 2019 Estimated Tax Value of this property is $78,000 and that there is very limited buildable land due to the required 100-foot setback. He noted the Park Board intends to consider this as a future agenda item to discuss in further detail. February 4, 2019 (Regular) Page 7 of 10 Councilmember Barnett said if we accept the land what could the City use it for since there is not enough buildable space for a home. Mr. Berger said the area would not likely be used for a park but if other nearby land becomes available it could be combined into a project or used for a fishing pier or dock. Councilmember Skogquist inquired about maintenance requirements for this land. Public Services Director Mark Anderson said the area has not been mowed regularly and that we would likely hire out mowing services for this area three times a summer. Councilmember Skogquist inquired about the status of the riverbank. Mr. Berger said the area was overgrown now and how the house had been removed at one point but was not a large investment for the City at this time. Councilmember Barnett said accepting the land now without any plans and or future concepts seems to be more of a liability than an asset. Councilmember Freeburg said 2403 Maple Lane could be available in the future and how a plan could be formed to push Maple Lane northward resulting in this property getting larger and then buildable. Mayor Rice suggested postponing this item to gather more data on reasons to accept this donation. Motion by Councilmember Freeburg, seconded by Councilmember Skogquist, to adopt a resolution accepting donation of land at 2400 Maple Lane. Councilmember Wesp said he would like to see what we can do with property first and while it was generous of the trust to donate it, they originally wanted to sell the parcel first. Councilmember Freeburg asked how many feet of river front the parcel had and said the City should accept it as the area was ripe for redevelopment. Mr. Berger said the parcel had 300 feet of river front. Councilmember Wesp said it would be prudent to review options before deciding on acceptance. Mayor Rice said acceptance would likely result in future purchases in order to make a larger project occur. Upon a roll call vote: Councilmembers Freeburg, Skogquist, and Wesp voted in favor. Mayor Rice and Councilmember Barnett voted nay. Motion carried. 9.3 RES/2019 Combined Street Improvement Project; Approve Plans and Specification, Authorize Advertisement for Bid and Set Bid Date. February 4, 2019 (Regular) Page 8 of 10 Engineering Technician Ben Nelson shared a staff report with background information to the Council on December 17, 2018, City Council held the public improvement hearing for the 2019 Combined Street Improvement Project and the assessment hearing for the 2019 Combined Street Improvement Project (SRP Project Area). The streets that are proposed to be included in the 2019 Combined Street Improvement Project (SRP Project Area) are the area bounded by South Street, Fifth Avenue, Jefferson Street and Seventh Avenue and the easterly portion of South Street (121st Avenue). With the exception of Adams Street, the proposed SRP Project Area will involve the total reconstruction of the streets, including the replacement of the concrete curb & gutters, bituminous pavement, sidewalks, street lights, driveways, sanitary sewer, watermain and service laterals. Adams Street is proposed to be a partial reconstruction including the bituminous surface, sanitary sewer main, service laterals, street lighting, and minor replacement of the concrete curb & gutters and sidewalks. The streets that are proposed to be included in the 2019 Combined Street Improvement Project (SSIP Project Area) are in the neighborhood of the Southview Addition, the area bounded by North Street, Seventh Avenue, Grant Street, and Eleventh Avenue and the alley north of Oakwood Drive. Mr. Nelson said at the public improvement hearing a concern raised was about the potential loss of mature oak trees at George Green Park due to proposed sidewalk extensions along 6th Avenue and Brisbin Street and that staff reviewed the location of the sidewalks and was recommending constructing an eight-foot sidewalk behind the curb on 6th Avenue between Jefferson Street and South Street. The sidewalk is being proposed on the park property just out of the right-of-way along Brisbin Street between 6th Avenue and 7th Avenue. Councilmember Skogquist thanked staff for the plan on the pool entrance and how the combined project benefited our infrastructure and was an efficient way to handle and save funds while improving the City at the same time. He thanked for including the sidewalks and being amenable to changing the plan to retain more trees then asked why North Street was not part of project. Mr. Nelson explained how staff was developing construction plans and would be back before the Council for bids but was currently waiting for the City of Coon Rapids to work on an intersection improvement by Cub Foods but that the project would be done in 2019 regardless of the outcome with Coon Rapids. Councilmember Barnett said she was excited for the addition of a parking lot as the park was used so frequently with the senior center and concerts and that sidewalks would be a great addition to this area. Councilmember Freeburg asked if the alley on Oakwood Drive would be reconstructed this year. Mr. Nelson confirmed the alley was part of the combined SSIP plans. February 4, 2019 (Regular) Page 9 of 10 Motion by Councilmember Freeburg, seconded by Councilmember Barnett, to adopt a resolution approving the 2019 Combined Street Improvement Project; Approve Plans & Specifications, Authorize Advertisement for Bids and Set Bid Date. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Freeburg, Skogquist, and Wesp voted in favor. Motion carried. 9.4 ORD/Purchase Agreement; City’s Sale of City Owned Parking Lot Area. (1st Reading) Mr. Borglund shared a staff report with background information to the City has been in discussions with DJL Properties LLC (Jerry and Dione Leone) regarding property to be known as Parcel A, that part of Lot 6, Pillsbury-Washburn Subdivision. The property is zoned Main Street Mixed Use West Main Sub- district as is one parcel equaling 4,017 square feet in size created by the City. The buyer DJL Properties LLC is the owner of property and a multi-story commercial building known as 2040 Ferry Street and/or the Leone’s commercial building and the plan is to sell the existing parking lot area adjacent to the commercial building to create permanent parking for the existing building. He said the City has received an offer of $2.50 per square foot or a total of $10,000.00 for the 4,017 square foot parcel contingent upon the City Council’s approval to enter into a purchase agreement. This offer is consistent with the estimated value as established by the City Appraiser and that the City Attorney was satisfied with the purchase agreement. He shared a proposed schedule with potential closing in February/March 2019. Councilmember Skogquist asked for history on ownership and access and any easements for ability for use. Mr. Anderson explained the City owns the southern half of the ramp and the other property owner owns the tuck-under garages north of ramp. Mr. Borglund said there is an access easement that runs from the bottom of the ramp north to the parking area along with a roadway easement. Councilmember Barnett asked how much the City receives from this lease currently. Mr. Lee said the City receives approximately $1,400 per year from this lease. Motion by Councilmember Skogquist, seconded by Councilmember Wesp, to hold first reading of an ordinance to convey real estate property to DJL Properties, LLC. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Freeburg, Skogquist, and Wesp voted in favor. Motion carried. February 4, 2019 (Regular) Page 10 of 10 Mayor Rice said this parcel is essential for parking access and that it makes sense to work with them to accomplish this. 10. UNFINISHED BUSINESS None. 11. NEW BUSINESS None. 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. Mr. Anderson shared about the recent cold weather that resulted in approximately 15 water meters freezing and encouraged residents to monitor where their meters are and identify whether they need to be kept warm when temperatures fall and how running a small water stream can help prevent freezing. He shared how staff has been working to retain good ice for skating and how a typical season is about 55 days, then shared photos of the snowmobile trail corral and encouraged people to use these trails. Mr. Lee said the Council’s goal session would be held on Thursday, February 7 at 5:00 p.m. at Green Haven. 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: 9:04 p.m. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerk