Anoka City Council

August 3, 2020 (Regular) Page 1 of 9 REGULAR MEETING OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS AUGUST 3, 2020 1. CALL TO ORDER The Council met at 6:00 p.m. for the annual budget presentation. Mayor Rice called the regular 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 and Wesp. Staff present: City Manager Greg Lee; Public Services Director Mark Anderson; Community Development Director Doug Borglund; Police Chief Eric Peterson; City Attorney Scott Baumgartner. Absent at roll call: None. 3. COUNCIL MINUTES 3.1 Minutes of the July 20, 2020, Regular Meeting. Motion by Councilmember Skogquist, seconded by Councilmember Barnett, to waive the reading and approve the July 20, 2020, Regular Meeting as presented. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Freeburg, Skogquist and Wesp voted in favor. Motion carried. 4. OPEN FORUM 4.1 Police Activity Update. Police Chief Eric Peterson shared information on upcoming activities including a landlord/manager’s association meeting to review evictions as it relates to the Governor’s order and the back to school outreach program for food and supplies for the upcoming school year and how they were currently accepting donations for this event. He shared about the recent surge in auto thefts and carjackings in the metropolitan area then shared an update on one that occurred on Madison Street and their work towards credible leads. Chief Peterson reviewed criminal activity data in detail for 2020 that showed an increase in domestic assaults and how calls for service were on track to be well over 22,000 for 2020, higher than August 3, 2020 (Regular) Page 2 of 9 the five-year average. He said he did not believe COVID-19 has decreased criminal activity then shared how over the past two weeks they have seen an increase in the number of positive tests reported and shared more COVID data for the City. Councilmember Skogquist asked more about COVID impacts in long term care facilities. Chief Peterson commented on the remarkable job long term care facilities have done to keep their residents safe during this time. OTHER INFORMATION UNDER OPEN FORUM Bart Ward, 2408 4th Avenue, commented about a recent incident involving a member of Council berating staff and how those actions were not good for Anoka then asked possible paths for discipline such as codes of conduct or censure. City Attorney Scott Baumgartner responded there was nothing outlined in Statute or Charter to address conduct and how councils can police themselves and create policies or guidelines to address concerns, adding an elected official cannot be removed unless approved by the voters. 5. PUBLIC HEARING(S) None. 6. CONSENT AGENDA Motion by Councilmember Wesp, seconded by Councilmember Freeburg, to approve Consent Agenda 6.1 through 6.5. 6.1 Approve Verified Bills. 6.2 Revising and Setting Council Calendars. 6.3 Recommend Approval of LG240B Bingo Permit, Anoka Halloween, Inc. at Anoka Legion, 400 W. Main Street, on October 5, 19, and 26, 2020. 6.4 2019 Combined Street Improvement Project; Final Payment and Project Close-out for the Street Surface Improvement Project Area. 6.5 Recommended Approval of an LG220 Permit for a Raffle; Anoka Area Chamber of Commerce at Greenhaven Golf Course and Event Center on September 9, 2020. Councilmember Wesp asked about the Community Education financial support and if this was a reoccurring monthly expense. City Manager Greg Lee said the City has made an annual financial commitment and believed the amount listed was quarterly but will confirm. August 3, 2020 (Regular) Page 3 of 9 Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Freeburg, Skogquist and Wesp voted in favor. Motion carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS None. 8. PETITIONS, REQUESTS AND COMMUNICATION None. 9. ORDINANCES AND RESOLUTIONS 9.1 ORD/Adopting and Enacting the Codification of the City of Anoka Code of Ordinances. (2nd Reading) ORDINANCE Mr. Lee shared a background report stating staff has been working with Municipal Code Corporation on codification of City Code. The new code will be set up according to the Municode standard and result in renumbering of the entire City Code and once approved will be posted online. The online Code is what the Council, staff and the public will access when they need Code information. The adoption of the Codification will not include discussions on any regulatory content changes but is merely an administrative review and approval. The cost was approximately $15,000 plus ancillary costs for supplements, printing, etc. and there will be an annual cost for online hosting and support. He said no changes have occurred since first reading. Councilmember Skogquist said he was pleased to have the Code posted online for residents to easily search and research. Motion by Councilmember Skogquist, seconded by Councilmember Wesp, to hold second reading of an ordinance adopting and enacting a new code for the City of Anoka, Minnesota, providing for the repeal of certain ordinances not included therein, providing a penalty for the violation thereof; providing for the manner of amending such code; and providing when such code and this ordinance shall become effective. Mayor Rice asked about anticipated annual cost increases to host the Code online. Mr. Lee said many other cities use Municode and that staff did not expect more than a few percent per year increase in costs to host the Code online. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Freeburg, Skogquist and Wesp voted in favor. Motion carried. August 3, 2020 (Regular) Page 4 of 9 9.2 ORD/Amending Chapter 48, Property Maintenance Code Amendments. (1st Reading) Community Development Director Doug Borglund shared a background report stating the direction of City Council has been to continue to develop and enhance and use tools available to the City to address the maintenance of rental and problem properties. Currently, the City has an existing property maintenance code that was strongly influenced by an earlier version of the International Property Maintenance Code (IPMC) and that IMPC is not currently adopted by the City of Anoka. At a work session in 2019, staff presented background information and reasons why it made sense to consider the adoption of the 2015 IPMC as part of Chapter 48. The City Council agreed and directed staff to develop the proposed amendments to existing Chapter 48 of the City Code. Mr. Borglund explained the IPMC was a model code that regulates the minimum maintenance requirements for existing buildings and established minimum standards for basic equipment, light, ventilation, heating, sanitation and fire safety. The IPMC is compatible with all current State of Minnesota adopted codes including and will cover old and new housing stock as well as commercial areas. The IMPC will provide clarity and cover more points of interest to improve the City’s property maintenance efforts that enhance the character, health, safety, and welfare of the community. Councilmember Barnett asked how this amendment aligned with criminal charges outlined in Code. Mr. Baumgartner explained how staff would be updating sections of Code with the court system based on the codification adopted earlier as well as IMPC updates. Mr. Borglund noted the proposed changes did not include any process changes just technical portions of the Code. Councilmember Skogquist inquired about the proposal to require gravel driveways be paved if proposed improvements totaled $5,000 or more. He also spoke about addressing the differences in rental dwelling definition between relative and non-relative and if adopted would a rental license still be required for a home that was for example sold by a father to their adult child but still living onsite. He said how some of the greatest concerns with rental units have resulted from absentee family members and thought a change could help ensure family members adhere to the Code. Mr. Baumgartner shared about absentee property owners and property maintenance concerns with family members and the need for oversight and ability to enforce compliance with the Code and suggested creating an owner-occupied license versus an absentee license. Councilmember Skogquist agreed a method should be created to address rental licensing for relatives and non-relatives differently in Code such as not charging a August 3, 2020 (Regular) Page 5 of 9 fee but still allows the ability to enforce if problem. Mr. Borglund responded there was already a definition in place for relatives and that further review of the rental licensing ordinance would be needed. Councilmember Barnett discussed the importance of communication of this concept and while she was open to a reduced fee would not support no fee because there would still be staff time required to address and enforce concerns. Councilmember Freeburg asked about differences between a boarder and renter without a rental license and how that impacted the Code. Motion by Councilmember Barnett, seconded by Councilmember Freeburg, to hold first reading of an ordinance Amending Chapter 48 Property Maintenance Standards, Article 1, Addition of New Section 48-2 International Property Maintenance Code; Local Amendment; And Conflicts, And Amending Existing Section 48-2 Definitions; Section 48-3 Responsibilities of Owners And Occupants, Section 48-4 Minimum Standards For Basic Equipment And Facilities, Section 48-5 Stairways Porches And Balconies, Section 48-6 Access To Dwelling Units, Section 48-7 Door Locks, Section 48-8 Minimum Standards For Light And Ventilation, Section 48-9 Minimal Thermal Standards, Section 48- 10 General Requirements, Section 48-11 Construction Standards, Section 48-12 Maximum Density, Minimum Space For Rental Units, Section 48-13 Enforcement And Inspection Authority, Section 48-14 Inspection Access, Section 48-15 Unfit For Human Habitation, Section 48-16 Secure Unfit And Vacant Dwellings, Section 48-17 Hazardous Building Declaration, Section 48-18 Compliance Order, Section 48-19 Right To Appeal, Section 48-20 City Council’s Decision, Section 48-21 Restrictions Or Transfer of Ownership, Section 48-22 Penalties, Section 48-23 Execution of Compliance Orders of Public Authority, Section 48-24 Reserved of the Code of the City of Anoka Minnesota. Mayor Rice confirmed staff would address Council’s questions prior to second reading. Mr. Baumgartner clarified Council did not want to deter property improvements by requiring paved driveways unless the improvement involved the driveway itself and to amend the language regarding relatives/non-relatives rental licensing. Mayor Rice said he did not want to deter improvement projects but believed a paved driveway was important and should be expected. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Freeburg, Skogquist and Wesp voted in favor. Motion carried. August 3, 2020 (Regular) Page 6 of 9 9.3 RES/Approving Development Agreement; Riverside, 4th Avenue. RESOLUTION Mr. Borglund shared a background report stating staff and the City Attorney have drafted a Development Agreement between the City of Anoka and CND- Riverside, LLC (David Weekley Homes) which encompasses the construction of 56 detached townhome units including all necessary site improvements on a 5.6- acre site being sold to David Weekly Homes, LLC from the City. He highlighted points of interest in the agreement that included the developer being responsible for the construction and all cost associated with all necessary utilities and related improvements, paying normal development fees including building permit, utility connection charges, and any other financial requirements stated in this agreement, and park dedication of $142,408.00. He noted work would be beginning soon with tree removal, silt fence, and right of entry agreement. Councilmember Barnett asked about developer obligations and homeowners association (HOA) being established and rights to enforce if needed for property maintenance and what assurances do we have the HOA would continue into perpetuity. Mr. Borglund responded the declaration outlines the terms and never goes away and noted common ownership in roads and common areas would make it very difficult to separate which ensures continuity. Motion by Councilmember Wesp, seconded by Councilmember Freeburg, to adopt a resolution approving Development Agreement; Riverside, 4th Avenue. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Freeburg, Skogquist and Wesp voted in favor. Motion carried. 9.4 RES/Expressing the City’s Concerns of Changing Use of Goodrich Field. RESOLUTION Mr. Lee shared a background report stating Anoka-Hennepin School District proposed two building additions and parking lot improvements at the Anoka Middle School for the Arts, Fred Moore Campus located at 1523 5th Avenue. He outlined the proposed building additions and other improvements that included a new amphitheater and other features. The City Council approved the Fred Moore project with conditions and staff shared the draft purchase agreement, which is under review by the school district, and the actions taken by the City approving the Fred Moore project and related parking/enrollment conditions are consistent with the letter provided by the Superintendent of School’s dated April 20. Staff believes more discussion and dialogue is needed between the school district and the City as Anoka-Hennepin School District has announced that they are making progress on its plan to install synthetic turf at high schools and is considering August 3, 2020 (Regular) Page 7 of 9 whether to add a synthetic turf field on the Anoka High School campus instead of at Goodrich Field. Councilmember Freeburg said he was disappointed to learn of the school district’s intent the Anoka Shopper and not directly from them and said the City needed to meet to learn about their plans for Goodrich Field as there was a lot of sentiment involved in this field. Councilmember Skogquist requested minor change in the resolution language regarding “if only” and suggested an additional “Whereas” to include transfer ownership of a portion of that property in 1997 upon request of the district to renovate the facility for generations of continued use and stressed the importance of this change. He suggested encouraging the school board to work with Anoka on any changes of use of this iconic stadium as it was a selling point for this neighborhood and that we should be able to work through any parking concerns. Councilmember Freeburg said demise of this field into a pond would not be good. Mr. Baumgartner suggested different resolution language instead as proposal connotates a discussion with the City which has not occurred. Councilmember Wesp noted the school board has not reached out to Council about this topic and even though they have been planning for artificial turf for a year they spoke about the uniqueness and significance of games being played on this field as part of the high school experience and that language needs to be strong stating that point. Councilmember Barnett said while she has only lived in Anoka for a few years it is a blessing to see the lights and activity from this field and while parking can be difficult at time she appreciated Superintendent Law being open to discussions about the field and if not successful hoped to continue holding the Pumpkin Bowl here annually. Councilmember Wesp said it would cost $1 million to turf the fields and that it was important to begin a dialogue with the school district and continue our good partnership together. Mayor Rice agreed, stating people were passionate with this issue as it spoke to the fabric of Anoka. Motion by Councilmember Freeburg, seconded by Councilmember Wesp, to adopt a resolution expressing the City's concerns of changing use of Goodrich Field as amended. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Freeburg, Skogquist and Wesp voted in favor. Motion carried. August 3, 2020 (Regular) Page 8 of 9 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 COVID-19: City Operations, Changes, and Impacts – Questions, Comments, and Discussion. Mr. Baumgartner shared his review of the Governor’s emergency executive order 20-81 regarding face coverings during open meetings and his opinion that would allow the Council to remove their masks during the entire meeting as long as social distancing was in place. Mayor Rice shared that he would be attending meetings virtually for the foreseeable future. Councilmember Skogquist asked about Anoka County not being able to administer CARES Act funding and the option to contract with the County and have them administer the program and why there not allowed. Mr. Lee said he was not aware of the rationale other than possibly an auditing standpoint but said staff would be monitoring what the County creates then possibly mirror their program and use the same firm to administer the grant program but ultimately oversee it ourselves. 12.3 Staff and Council Input. None. 13. ADJOURNMENT Councilmember Wesp made a motion to adjourn the Regular Council meeting. Councilmember Freeburg seconded the motion. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Freeburg, Skogquist and Wesp voted in favor. Motion carried. Time of adjournment: 8:30 p.m. August 3, 2020 (Regular) Page 9 of 9 Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerk