Anoka City Council

April 15, 2019 (Regular) Page 1 of 7 REGULAR MEETING OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS APRIL 15, 2019 1. CALL TO ORDER Mayor Rice called the meeting to order at 7:00 p.m., followed by the Pledge of Allegiance. 2. ROLL CALL Present at roll call: Mayor Rice, Councilmembers Barnett, Freeburg, Wesp. Staff present: City Manager Greg Lee; Police Captain Andy Youngquist; Community Development Director Doug Borglund; Public Services Director Mark Anderson; Communications Manager Pam Bowman; and City Attorney Scott Baumgartner. Absent at roll call: Councilmember Skogquist. 3. COUNCIL MINUTES 3.1 Minutes of the March 18, 2019, Executive Session. Minutes of the April 1, 2019, Regular Meeting. Motion by Councilmember Freeburg, seconded by Councilmember Wesp, to waive the reading and approve the March 18, Executive Session and the April 1, 2019, Regular Meeting minutes as presented. Vote taken. All ayes. Motion carried. 4. OPEN FORUM 4.1 Proclamation; Tree City USA and Arbor Day 2019. Public Services Director Mark Anderson said for the 39th consecutive year the City of Anoka has been awarded the Tree City USA Award by the Minnesota Department of Natural Resources and the National Arbor Day Foundation. He said this Award was for the City's efforts in 2018 and acknowledges the City's continued commitment to trees and forestation in our community. Last year Arbor Day was celebrated at Lincoln Elementary School and this year it will be celebrated by planting a tree at Mount Olive Church & Pre-School on April 26, 2019. Mr. Anderson said we are fortunate to have a Mayor, Council, Park Board, and Planning Commission that actively promotes Forestation and Conservation of Trees in our City then introduced Tommy Huck Hammer who participates by teaching the children about the importance of trees. April 15, 2019 (Regular) Page 2 of 7 Mr. Hammer outlined his teaching, shared a poster from the students of Lincoln Elementary, and said he is very happy to be involved in the Arbor Day event. He said these events help people become invested in the City and encouraged everyone to get involved. Councilmember Barnett noted Anoka was 9th out of 101 cities in terms of duration of this award and said that speaks to the wonderful legacy and dedication of much time and effort. She outlined the program’s criteria and said the City has a wonderful program and thanked Mr. Hammer for all his work. Councilmember Wesp spoke about Mr. Hammer’s legacy and work and thanked him for his involvement year after year. Mayor Rice thanked Mr. Hammer for his service and giving back to the community then read the Proclamation into the record. 4.2 Police Activity Update. Police Captain Andy Youngquist shared about last week’s snowstorm and the resulting vehicle accidents and thanked Public Works for their efforts in removing snow so quickly which greatly helped. He shared an update on the body worn cameras and thanked IT staff for a seamless program roll-out. Captain Youngquist shared about a clarification on a recent story regarding statute theft that was not from Anoka then spoke about Safety Camp scheduled for June 25 that will help young people avoid unintentional injury. He said the event will be held at George Enlow Park for 3rd and 4th graders and thanked the community partners for over $7,000 donations including Allina Health, lifeguards, and others. 5. PUBLIC HEARING(S) None. 6. CONSENT AGENDA Motion by Councilmember Freeburg, seconded by Councilmember Barnett, to approve Consent Agenda 6.1 through 6.5. 6.1 Approve Verified Bills. 6.2 Revising and Setting Council Calendars. 6.3 Issuance of Tree Care/Arborist License; Cre8New Space Contracting, LLC. 6.4 Issuance of Tree Care/Arborist License; Majestic Landcare, LLC. April 15, 2019 (Regular) Page 3 of 7 6.5 Issuance of Temporary On-Sale Intoxicating Liquor License; 10K Brewing, LLC, Nice Music LLC; Jam by the Dam, June 2, 2019 Vote taken. All ayes. Motion carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 7.1. Waste Reduction: 7.1.A. Waste Reduction and Recycling Board Annual Report. Chairperson Diane Grindy shared some of the Board’s frustrations this past year and spoke about their base funding of $47,625 with enhancement grants and total residential recycling program of $71,125. She said they are trying to work with multi-family units on recycling efforts then shared about their pumpkin composting event. Chairperson Grindy spoke about tonnage goals which for 2019 is up to 250 pounds per person and that in 2018 they reached 65% of their goal which was a 16% decrease from 2017. She said while they were unsure of the reason for the decrease some of it could be because plastic is much lighter than it used to be and that they are no longer realistic about contamination being higher and how China will no longer take material. Chairperson Grindy spoke about challenges and shared rates and said they had a record-breaking recycling event in 2018 with 715 cars and 41 tons recycled. She shared about the Green Lights recycling event, the recent approval of the Simple Recycling contract and enhanced education efforts then shared goals and initiatives that included presentations, increased social media exposure, expanded events with neighboring cities including clothes for the Alpine Ski Team, books for roller-skate group of Minnetonka, shredding events, Fix-It Clinics, and continued partnerships with the Parks Department on recycling options. Councilmember Barnett confirmed paper shredding counts and the Board’s sponsorship of an upcoming where staff will be doing an environmental presentation. Mayor Rice thanked the Board for their work and spoke about LED lighting recycling. Communications Manager Pam Bowman said Anoka County has a listing of locations and events for LED lighting and other items. 7.2. Planning Items: None. 8. PETITIONS, REQUESTS AND COMMUNICATION None. April 15, 2019 (Regular) Page 4 of 7 9. ORDINANCES AND RESOLUTIONS 9.1 RES/Approval of Purchase Agreement – City’s Purchase of 2914 Euclid Avenue. RESOLUTION Community Development Director Doug Borglund shared a staff report with background information stating the City has identified this property for acquisition in the Highland Park neighborhood. The City would demolish the existing buildings on site and utilize the property for roadway/redevelopment purposes. Under Minnesota Statutes, property owners who occupy the subject property and who must relocate are entitled to compensation sufficient to purchase a comparable property. The City has obtained a real estate appraisal for 2914 Euclid Avenue determining its value at $215,000.00 and the seller has accepted the City’s offer of $229,900.00. He said if approved closing would occur on or before April 30 with seller moving out by November 30, adding that acquisition price includes relocation costs. Councilmember Wesp spoke about progress and changes in the Highland Park neighborhood and how this sale was especially hard for him because of the memories at this property over the years with the Litke family who have lived here for over 50 years and have put a lot of time in the community. Motion by Councilmember Wesp, seconded by Councilmember Freeburg, to adopt a resolution approving purchase of real property, 2914 Euclid Avenue. Upon a roll call vote: Mayor Rice, Councilmembers Freeburg, and Wesp voted in favor. Motion carried. 9.2 RES/City of Anoka Public Right-of-Way Small Cell Wireless Aesthetic Requirements and Construction Criteria Policy. RESOLUTION Mr. Borglund shared a staff report with background information to the Council stating a Federal Communications Commission (FCC) order addressing the deployment of small wireless facilities became effective on January 14, 2019. Although there have been a number of lawsuits challenging the FCC order, cities should follow the provisions in the order until they receive judicial guidance that the order is invalid. While the order preempts some local control over small wireless facilities, the FCC concluded that aesthetic requirements are not preempted “if they are (1) reasonable, (2) no more burdensome than those applied to other types of infrastructure deployments, and (3) objective and published in advance.” To be objective, aesthetic requirements “must incorporate clearly defined and ascertainable standards, applied in a principled manner.” Publication of aesthetic standards applicable to small cell facilities must occur within “180 April 15, 2019 (Regular) Page 5 of 7 days after publication of the FCC order in the Federal Register.” which is April 15. He stated should a city fail to adopt and publish small cell aesthetic requirements by April 15 it may lose the ability to impose aesthetic standards on telecommunication users who deploy small wireless facilities in the city. Mr. Borglund spoke about how small cell aesthetic standards reflect the desire to maintain a consistent look within the City and that aesthetic standards may address many issues, including color, enclosure of antennas, placement on poles, use of decorative poles, concealment of cables and wires, concealment of ground mounted equipment, prohibition of logos, and landscaping requirements. He said while the order does not state how a city must publish its aesthetic standards most are publishing their aesthetic requirements on their website. He said the order does not require the City to pass an ordinance to adopt aesthetic standards but the adoption of a policy by the City Council establishing small cell aesthetic standards would meet the requirements of the FCC order. Councilmember Barnett clarified how this is the only action the City can do to address impacts in light of the FCC order and that publishing is just uploading to the website. City Attorney Scott Baumgartner confirmed how this legislation allowing small cell equipment in City right-of-way was pushed on cities despite their objections. He said while cell coverage is necessary cities have worked to create a policy to address aesthetics and have some say on how this will look in the right-of-way. Councilmember Barnett asked if language could be added as she feared allowing antennas on City-owned poles would affect aesthetics of the small-town feel. Mr. Borglund said antennas would likely be placed to fill a gap in service or with larger groups gathering, such as near the Anoka Technical College (ATC). He said he did not think there will be that level of demand in this area but there are many unknowns for all cities and while we cannot answer all questions this will help provide a guide on how we hope to see this equipment placed. He said the next step will be an ordinance amendment to create small cell regulation that would include this too but that this action is to meet the deadline. Mr. Baumgartner said this action is a balancing act for cities and that we will continue to work on more detail, adding they were surprised by the fast deadline and that now they will have something in place that will be followed up with more management. Mayor Rice clarified the Statute requires cities to place this equipment in our right-of-way but not on any City-owned poles or other locations. Mr. Baumgartner referred to the vendor who wanted to place antenna at ATC and how the City negotiated placement that future removal when the frontage road was built and how the vendor was reasonable which shows how we all want the best outcome which is encouraging. April 15, 2019 (Regular) Page 6 of 7 Mayor Rice commented on how the City does have some negotiating power as vendors will want to use these locations. Councilmember Barnett asked for more explanation regarding equipment cabinet regulations and if homeowners would be able to give approval on choice in their selection. Mr. Baumgartner said the City would actually give the approval based on standards created, especially in a residential area, and that he does not envision having cabinets in neighborhoods but more in areas such as the water tower system but these were included on a much smaller scale just in case. Mayor Rice confirmed how antennas that transmit to another larger antenna would be hard wired. Mr. Baumgartner said the concept would be similar to an extender to Wi-Fi in a home that helps expand the signal. Motion by Councilmember Freeburg, seconded by Councilmember Wesp, to adopt a resolution approving the City of Anoka Public Right-Of-Way Small Cell Wireless Aesthetic Requirements and Construction Criteria Policy. Upon a roll call vote: Mayor Rice, Councilmembers Freeburg, and Wesp voted in favor. Motion carried. 10. UNFINISHED BUSINESS None. 11. NEW BUSINESS 11.1 Appointment to Waste Reduction and Recycling Board. City Manager Greg Lee shared a staff report with background information to the Council stating in March the Council approved amendments to the City Code regarding the Board, one of which increased membership from five to seven members. He said this resulted in two vacancies on the Board which were advertised according to City policy. Mr. Lee said we received one application from Susan Degrantz of Anoka for consideration of appointment and explained how she previously applied but not in time for the packet so Council was unable to consider her for the March appointment. Ms. Degrantz is very interested in serving on the Board and has requested that we resubmit her application from last month for consideration again and that staff is recommending Council’s consideration with a term expiration of December 31, 2020. Motion by Councilmember Wesp, seconded by Councilmember Freeburg, to appoint Susan Degrantz to the Waste Reduction and Recycling Board to a term that expires December 31, 2020. April 15, 2019 (Regular) Page 7 of 7 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: 8:10 p.m. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerk