Anoka City Council

May 20, 2019 (Regular) Page 1 of 7 REGULAR MEETING OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS MAY 20, 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, Skogquist, and Wesp. Staff present: City Manager Greg Lee; Police Chief Eric Peterson; Community Development Director Doug Borglund; Associate Planner Clark Palmer; Public Services Director Mark Anderson; Communications and Recycling Manager Pam Bowman; Golf Manager Larry Norland; and City Attorney Scott Baumgartner. Absent at roll call: None. 3. COUNCIL MINUTES 3.1 Minutes of the April 22, 2019, Worksession. Minutes of the May 6, 2019, Regular Meeting. Councilmember Wesp noted the vote tally was incorrect on Item 9.1 and needed to be corrected in the May 6, 2019, meeting minutes. Councilmember Skogquist said that Calvary Cemetery needed to be corrected in the April 22, 2019, meeting minutes. Motion by Councilmember Freeburg, seconded by Councilmember Barnett, to waive the reading and approve the April 22, 2019, Worksession and the May 6, 2019, Regular Meeting minutes as corrected. Vote taken. All ayes. Motion carried. 4. OPEN FORUM 4.1 Police Activity Update. Police Chief Eric Peterson shared the Heroes Walk for Women event would be postponed to August 3 due to weather then spoke about the partnerships with the many different agencies for this event that included Alexandra House and their May 20, 2019 (Regular) Page 2 of 7 impact to the community and said it was imperative that they continue aiding victims of domestic violence. He said they have 366 participants to date who have raised $16,000 and intend to continue to raise money before the event. Chief Peterson shared about the 34th Annual Anoka Police Awards ceremony where they presented meritorious, K-9, and lifesaving medals as well as recognizing volunteers and crime prevention employee of year and officer of the year. He noted there has been an increase in thefts from vehicles in business lots during late shifts and shared about a recent package theft from a home that resulted in identification and encouraged people to lock up their cars and plan for package deliveries. Mayor Rice noted how a small group can have such a large impact with regard to these crimes. Councilmember Skogquist commented about any increases yet with public vandalism. Chief Peterson said this type of crime usually begins after school is out. Councilmember Barnett inquired about increased Park Patrol. Chief Peterson said they are now doing shifts and focusing throughout the day patrolling parks. 5. PUBLIC HEARING(S) None. 6. CONSENT AGENDA Motion by Councilmember Wesp, seconded by Councilmember Skogquist, to approve Consent Agenda 6.1 through 6.2. 6.1 Approve Verified Bills. 6.2 Revising and Setting Council Calendars. Vote taken. All ayes. Motion carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 7.1. Planning Items: 7.1.A. ORD/Amending Chapter 74 Zoning, Article V., Division 3, Section 74- 237(b) B-2 Permitted Uses; Article V, Division 3, Section 74-241(f)(1), B-6 Permitted Uses (1st Reading) May 20, 2019 (Regular) Page 3 of 7 Associate Planner Clark Palmer shared a staff report stating staff is proposing a zoning text amendment to both the B-2 Shopping Center Business District and the B-6 Neighborhood Commercial Business District to add as a permitted use to each district the use of “Electronic Cigarette/Vaporizer Shop.” The reason for the proposed amendment is because in November 2016 the City amended the Zoning Code to prohibit tobacco shops and electronic cigarette/vaporizer shops in downtown Anoka. The amendment was part of a number of steps taken to protect the downtown area from influences that could detract from the character, business climate and perception of downtown. At the time of the amendment, in order to specifically define the prohibited uses, two definitions were added to the definitions section of the Zoning Code. Those definitions defined separately both “Tobacco Shop” and “Electronic Cigarette/Vaporizer Shop.” Tobacco shops are listed as a permitted use in the B-2 and B-6 zoning districts, but electric cigarette/ vaporizer shops are not listed as permitted in any zoning district. This change by default resulted in the citywide prohibition of all electronic cigarette/vaporizer shops. Per the City Attorney, a citywide prohibition of all electronic cigarette/vaporizer shops would only be allowed if the City were to ban entirely the sale of tobacco and all tobacco related products within city limits. Councilmember Skogquist referred to health concerns with e-cigarettes and treating both the same and asked about differences between being a shop and just selling the product. Mr. Palmer said the definition includes more than 50% of gross revenue comes from sales while e-cigs are tobacco related products and that staff reviews to ensure license holders meet the definition. Councilmember Skogquist asked if audits are conducted to review gross revenues. Mr. Palmer said they would in the event of a concern but have not had to do so yet, adding it would be done on a case by case basis based on land use and zoning. Motion by Councilmember Freeburg, seconded by Councilmember Barnett, to hold first reading of an ordinance Amending Chapter 74, Article V, Division 3, Section 74-237 (B) Permitted Uses and Chapter 74, Article V, Division 3, Section 74-241 (F)(1) Permitted Uses of the Code of the City of Anoka Minnesota. 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/Amending Salaries for Mayor and City Council. (2nd Reading) May 20, 2019 (Regular) Page 4 of 7 ORDINANCE City Manager Greg Lee stated first reading of this ordinance was held at your May 6, 2019 regular meeting with no changes recommended to second reading. Staff has held discussions regarding the annual salary for the Mayor and City Councilmembers the past several years. Last year the Council directed the Charter Commission review the salaries and make a recommendation to the Council. The consensus of the Charter Commission at their Special Meeting in May 2018 was that an increase was warranted and necessary. They also voted on recommending an increase, as shown below in green text. Their recommendation is almost exactly the same as what staff has recommended in the past. He noted any increase to the salaries of a City Council may not become effective until after the next municipal election which would be after January 1, 2021. Motion by Councilmember Freeburg, seconded by Councilmember Skogquist, to hold second reading and adopt an ordinance establishing salaries for Mayor and City Council pursuant to Section 2.07 of the Charter of the City of Anoka. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Freeburg, and Skogquist voted in favor. Councilmember Wesp voted nay. Motion carried. 9.2 RES/Moratorium on Enforcement of Anoka City Code; Chapter 22, Article Iv. Relating to Sales from Vehicles on Street. RESOLUTION Mr. Lee shared a staff report with background information of the public regarding the ability of Food Trucks to operate in the downtown area. Currently our City Code prohibits this type of activity outside of a residential district. It is permitted, with a City license, to occur in a residential district (this was done to allow the operation of Ice Cream Trucks in residential neighborhoods). Last year, Jesse Hauf, 10K Brewing, requested that the City consider allowing a food truck to be operated in the parking stall directly in front of his business. Mr. Hauf explained that it is common that breweries have such an operation so that their patrons have access to food and that he has been diligent about promoting his patrons order food from other establishments in the downtown area and have it delivered to 10K Brewing; however, patrons to his established have expressed that such an option is not always available to them because of delivery issues/inability by some of the restaurants. A lengthy discussion was held by the Council, business owners and members of the public, through which the Council directed staff to draft a document that would temporarily allow the operation of a food truck, for a licensed Brewery, on a trial basis. Staff was directed to draft the language to limit the activity for no more than 2 days per week, limited hours, and for a period of not more than 6 months. This would be a trial period to give the City the opportunity to study the impact of this type of activity. Staff worked with the City Attorney regarding this item that places an Interim Moratorium on the May 20, 2019 (Regular) Page 5 of 7 enforcement of our City Code related to sales from vehicles on streets, which will provide a City Licensed Brewery the ability to have a food truck located in the parking stall directly in front of their establishment on a trial basis. The resolution will also grant approval to 10K Brewing to arrange for the location of a temporary mobile food truck in the parking stall directly in front of their establishment, contingent that 10K Brewing LLC adheres to conditions. Councilmember Wesp asked if other businesses could have food trucks with this ordinance. City Attorney Scott Baumgartner said the ordinance was written to be allowed only in conjunction with a brewery and no more than two days a week so staff can review concerns before making any decision for a more permanent basis. Councilmember Freeburg said he has concerns about the impact on existing restaurants and is struggling because they pay taxes in the City. Councilmember Barnett said she felt there were enough food options and asked why those partnerships did not work. Jessie Hauf, 10K Brewing, said they worked with MaGillyCuddy’s for delivery which was good but only when they were not busy and that he tried other restaurants but was not successful. He said they have seen a decrease in sales during the dinner hour which is the opposite of other breweries and noted people follow food trucks too and would be a way to bring in money. Councilmember Barnett said she would be in favor of trying a six-month period to gauge impact then decide. Mr. Hauf said they will also work to limit food truck customers to just 10K customers to help alleviate impact to surrounding restaurants. Councilmember Skogquist confirmed the time period would be for a five-month trial period. Councilmember Wesp said it is important as a business owner to try new things, like the new wine bar, adding people will go to the restaurants they choose. Councilmember Skogquist asked if the wine bar asked about the different threshold of food offerings at the wine bar as they intend to work with a caterer. Councilmember Wesp said the ordinance as written would not apply to the wine bar but could if Council chose to in the future. Motion by Councilmember Wesp, seconded by Councilmember Barnett, to adopt a resolution approving an Interim Moratorium Relating to the Enforcement of Anoka City Code Chapter 22, Article IV. Peddlers, Solicitors & Transient Merchants, Relating to Sales from Vehicles on Streets. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist and Wesp voted in favor. Councilmember Freeburg voted nay. Motion carried. May 20, 2019 (Regular) Page 6 of 7 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 the Anoka Highway 10 Solution project is fully funded at $80 million and that they were proud of the work done to get to this point. He said this will be a model on how cities can partner with other agencies to get projects started. Councilmember Freeburg asked if the project cost included inflation. Mr. Anderson said the project was estimated for 2022 and 2023 construction. Mr. Lee said the project would add other elements such as the 7th Avenue bridge as well. Mr. Anderson said the project will have a huge traffic impact on Ferry Street, 169, and other elements but the Rum River Bridge and Ferry Street interchange in particular. He noted staff has been working on the bridge clearance water issue with MnDOT and will be addressing that as part of the design. Councilmember Wesp said it will be important to educate the public about traffic impacts and how once complete will reduce accidents and even deaths. He noted it is imperative to address the river clearance concerns as well as people need to navigate the Rum River. Mr. Anderson stated the aquatic center will open this week and that staff has sold 437 season passes to date. He said the Rum River Dam boards and docks will be installed once the river recedes which is currently 18 inches too high. He stated the high school football team worked over the weekend on projects such as the pool, Penn Point Park and Port of Anoka and thanked them for their great work. Councilmember Skogquist referred to potholes and road concerns and suggested posting the street reconstruction program to show residents the work that has been done and what will be done in the future. Mr. Anderson agreed, stating showing May 20, 2019 (Regular) Page 7 of 7 the program will help explain the work of balancing personnel resources each spring as well. Councilmember Barnett suggested including these street reconstruction areas are proposed in the event things change. Councilmember Wesp invited the public to the Memorial Day services at Riverfront Memorial Park. 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: 7:50 p.m. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerk