Anoka City Council

September 28, 2020 (Worksession) Page 1 of 9 WORKSESSION OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS SEPTEMBER 28, 2020 1. CALL TO ORDER Mayor Pro Tem Skogquist called the worksession meeting to order at 5:04 p.m. 2. ROLL CALL Present at roll call: Mayor Rice (arrived at 5:15 p.m.), Councilmembers Freeburg, Skogquist, and Wesp. Staff present: City Manager Greg Lee; Police Chief Eric Peterson; Engineering Technician Ben Nelson; City Planner Clark Palmer; Community Development Director Doug Borglund; and City Attorney Scott Baumgartner. Absent: Councilmember Barnett. 3. COUNCIL BUSINESS and/or DISCUSSION ITEMS 3.1 Discussion; Joint City Council/Charter Commission Meeting – Discussion; Amendments to City Charter; Section 2.07 Salaries and Section 2.05 Vacancies in Elected Office. City Manager Greg Lee shared a staff report with background information stating at the December 16, 2019 and February 24, 2020 meetings the Council reviewed proposed amendments to the City Charter relating to Salaries of Elected Officials and Vacancies in Elected Office. At those meetings, the Council did not come to a consensus on the changes proposed by the Charter Commission and requested the item be sent to a future worksession for discussion and the Charter Commission members be invited to attend. As an overview, the Charter Commission made the following recommendation to Section 2.07 Salaries that a review of the Mayor and Councilmember salaries shall be conducted by the City Council every three (3) years. Staff is suggesting a further amendment to change the last sentence that the review be conducted by the City Council in June of every odd numbered year. Mr. Lee said Council has requested to discuss both of these sections further and noted the packet included information provided by Councilmember Skogquist relating to how other cities handle filling vacancies in elected offices, adding members of the Charter Commission were present for the discussion as well. City Attorney Scott Baumgartner outlined how any proposed Charter changes would have to occur and that tonight’s intent was to allow discussion and general direction. September 28, 2020 (Worksession) Page 2 of 9 Charter Commissioner Doug Dehn endorsed the suggested changes. Charter Commissioner Donald Collins supported the proposed changes as well then noted it had been 10 years since a salary change and the need for an increase to keep up with inflation then suggested different benchmarks be used such as social security changes or the State of Minnesota’s salary changes. Councilmember Freeburg said he was uncomfortable giving himself a raise and would propose an incremental increase of 1% per year so no decision is needed. Mr. Lee clarified staff’s proposal resulted from a review of other cities’ Council salaries that averaged 1% per year for a total of 10%. Councilmember Skogquist said if adopted the salary change would take place in 2021 and supported a benchmark as suggested to keep the salary fair and equal with other cities and how the proposed language would allow for review every two years. Commissioner Dehn said their consensus was not to place a formula in the Charter but have the final decision made by the Council and that the action comes from the Charter Commission. Mr. Baumgartner explained the process and timeline for any Charter amendment differed if proposed by the Charter Commission versus the City Council. Mr. Lee reviewed the Charter Commission’s proposed revisions to Section 2.05 Vacancies in Elected Offices that if the Council is unable to unanimously agree on an appointment to fill the vacancy, a Resolution passed by an affirmative vote of a majority vote of the Councilmembers present at the meeting at the time the vote is taken, shall be required to fill the vacancy. In the event of a tie vote, the Mayor shall appoint one of the voted upon eligible persons to fill the vacancy. Councilmember Freeburg supported the proposed changes as the selection would likely include someone who had been campaigning and working towards the being elected. Councilmember Skogquist expressed concerns over consistency in the appointment process and making a recommendation for replacement as he felt the residents should be able to elect. Commissioner Collins spoke about past vacancies and how they were handled differently and said the appointment process should depend on when the next election was scheduled. September 28, 2020 (Worksession) Page 3 of 9 Mayor Rice noted the proposed language did not include a timeframe and was comfortable with removing direction from the Mayor and placing it with the Council and the next election to allow voters to elect a new member. Mr. Baumgartner said the topic came up based on the last two vacancies and his concern with the current language that gives all authority to a Mayor for appointment if unable to agree as it could be open to interpretation and allow for a Mayor to make their own appointment. Councilmember Freeburg suggested an amendment that removed a Mayor from the decision making. Councilmember Skogquist said the language was restrictive and interpreted that the decision had to be unanimous and that we should not allow Councils to choose their own members but have the process be included in the Charter and allow residents to elect if a vacancy is more than one year. He said he did not support the proposed language as it needs to be more open and transparent. Councilmember Freeburg noted the cost of a special election was approximately $30,000 which would add an unnecessary expense. Councilmember Wesp commented about the average voter turnout for special elections and that he was comfortable with the language as proposed by the Charter Commission. Commissioner Collins asked about the need for a declaration by the candidate if they intended to file for City Council in the next election. Councilmember Freeburg said he would like to know if a candidate wanted to serve long-term. Councilmember Wesp spoke about the 2016 appointment process and recalled his intention to run for office but not being asked and when former Councilmember Anderson resigned and he requested Council consider current Councilmember Barnett be appointed he did not recall asking her directly if she intended to run either. Mr. Baumgartner suggested including a candidate’s intention to run for office or not be a disqualifying event and include their intent in their application for consideration but noted if they did not run there was nothing to hold them accountable to. Mr. Lee clarified when Councilmember Anderson vacated his seat the timeline was established to have the appointment occur by June 4 to allow the selected individual the opportunity to file by the deadline of June 5 which worked well. Mayor Rice suggested the Council make appointments to vacancies of one year or less and provide for a special election for vacancies of more than one year. September 28, 2020 (Worksession) Page 4 of 9 Mr. Baumgartner said the deadline should include the least length of time for a vacancy due to super majority requirement votes needed on certain action items and asked if Council supported including a deadline such as within so many days after a vacancy is declared that the Council shall appoint if less than one year. Mayor Rice agreed as a timeline would not allow for stalling any appointment. Councilmember Skogquist said this proposal would allow for a uniform timeframe but still allow some flexibility. Mr. Baumgartner asked about repercussions if an appointment does not occur. Councilmember Skogquist suggested including language if a decision cannot be made then the City Clerk calls for a special election. Mayor Rice said he would not like to see a special election called in the event of a vacancy of less than one year and that a Council should be able to make the decision when needed, adding there are only two years between elections anyway. Councilmember Wesp agreed and confirmed this would go back to the Charter Commission for a recommendation. Mr. Baumgartner confirmed the Council’s direction was to allow the language about a tie vote to remain and include the time period of less than/greater than with a deadline for which to appoint. Councilmember Skogquist suggested including a sufficient timeframe for application. Mayor Rice thanked the Charter Commission for their work on this item and looked forward to seeing proposed language. 3.2 Discussion; Petition to Convert 400 Block of Van Buren Street into a Greenway. Community Development Director Doug Borglund shared a staff report with background information stating Van Buren Street Greenway Conversion Concept. The Van Buren Street neighborhood residents have shown interest in turning Van Buren Street, which their homes front on to a pedestrian boulevard to access the affected houses and businesses from the existing public alleyway. Van Buren Street would remain a public right-of-way under City ownership. The street would become an extended landscaped boulevard area with a trail running through the neighborhood/boulevard. On August 15, 2017 at a Planning Commission worksession a discussion occurred with the Planning Commission residents of the neighborhood and the Commission determined through their discussion that issues needed to be investigated and a framework developed to carry out a greenway street conversion concept. On September 11, 2017 a letter was sent to the neighborhood providing direction and criteria to move forward. September 28, 2020 (Worksession) Page 5 of 9 In 2020, this concept has surfaced and triggered discussions from a petition that has been submitted to the City. The residents of the 400 block of Van Buren Street ask the Anoka City Council to consider a request to remove Van Buren Street between 4th Avenue and 5th Avenue and replace the street with a greenway. He noted staff had not validated the petition yet then spoke about variables that should be explored if considering a conversion such as legality, traffic pattern changes, impact on surrounding land uses, parking, deliveries, utilities, public safety response times, and maintenance. He said a similar concept exists in Minneapolis and is known as the Milwaukee Historic District and has been referenced during discussions then spoke about how the area functions including a homeowner’s association and maintenance. Councilmember Freeburg expressed concerns about turning this into a parkway that includes Golf Street and the alley north of Van Buren Street as people will use those alleys to go west and the streets were not designed for that type of traffic and while a beautiful concept said residents would have to give up nearby guest parking as well. Councilmember Wesp asked about the 100% property owner participation requirement and if the residents agreed to that requirement then spoke about the letter from the law office representing the property at 2140 Partnership stating their opposition to the petition. He also noted Councilmember Skogquist was shown as property owner of 408 Van Buren Street and asked if he had direct involvement in the property. Councilmember Skogquist said he was not listed on the deed of that property but his brother was. Mr. Borglund recalled the direction regarding the 100% property owner participation possibly came from Council consensus during a worksession. Councilmember Wesp noted St. Stephens own property on both sides of the block as well. Mark Berglund, tenant in the 2140 Partnership property, explained the building was owned by John Berglund, William Goodrich, and Carol Randall and said while they did not take a position on the petition itself their concern was operating a business out of this location and how a parkway would not work as they use the area for staff parking. He noted the 408 Van Buren Street property was deeded to the Skogquist siblings but the deed now only listed Bjorn Skogquist. Mr. Berglund said if the project would go through the parkway would at least have to commence east of the driveway access of the 408 Van Buren property because of the restrictions of the land then added his concern about resale value and if conceptually something changed there could be inverse condemnation and loss of access. September 28, 2020 (Worksession) Page 6 of 9 Councilmember Wesp asked if the law office had access off Golf Street. Mr. Berglund said access to the property from Golf Street is further to the east but noted they would have to access through the 408 Van Buren property backyard to maneuver into the parking area although the area was not well maintained and not practical. Councilmember Wesp asked if Golf Street was a fully improved street and if there is access to alleys, are they constructed like other concerns then asked about access in the event of fire or garbage pickup. Public Services Director Mark Anderson replied both Golf Street and the alleys were narrower with no utilities. Mr. Lee said the issue of access to the 2140 building would need to be worked through as well as parking and suggested a solution of using the west end of Van Buren Street for parking or the cul-de-sac. Councilmember Freeburg asked if an association would be formed to maintain the area, plantings, etc. Mr. Borglund said that is what would occur and added the parkway could change in the future should the neighborhood wanted it returned to a street. Councilmember Skogquist asked if there had been any discussion about vacating the street. Mr. Borglund replied not at this point as the discussion surrounded only options at this time. Councilmember Freeburg referred to the street renewal program in 2022 and asked when this decision had to be made. Engineering Technician Ben Nelson responded the feasibility study would be done next summer after which a decision would be needed. Councilmember Wesp asked if the neighborhood had spoken to the law firm about possible options. Colleen Hansen, Anoka, said the neighborhood left a voicemail for Mr. Berglund to discuss further but did not hear back so they submitted the petition without their signature. She stated they were unsure if the concept would work but the idea was to bring it forward to Council for further review, adding they do not expect the project to move forward if accessibility cannot be obtained for both the law office and residents and their request was to see if the concept was feasible. Ms. Hanson said this neighborhood was located in the first historic preservation district and the parkway would give an opportunity to enhance the district if possible and that they understood a public hearing would help identify all concerns for consideration. Mayor Rice noted part of the parkway and accessibility would be in the current Van Buren Street and that some resident would not have the greenery and asked if those residents were supportive of the change in that event. Ms. Hanson September 28, 2020 (Worksession) Page 7 of 9 responded the residents had not discussed this further since the petition was submitted as there had been no concept drawings and that they hoped the City would provide some for more review. A resident asked if the parkway would be wide enough for cars or emergency vehicles and noted garbage pickup occurs on the alley and said he would support access of the law firm in any event, adding the parkway would add a lot to the neighborhood and would like to see its consideration. Former Mayor Bjorn Skogquist clarified he had meeting scheduled with Bill Goodrich to discuss issues with easement and access then confirmed he owned 408 Van Buren Street and noted the properties were tied together. He said he did not have a preference either way but signed the petition to be supportive to the neighborhood and would be fine if it remained a street but noted some improvement was needed either way. Councilmember Wesp asked if Mr. Skogquist lived at 408 Van Burn Street. Mr. Skogquist replied he did not live there as it was an investment property. Councilmember Wesp asked about traffic counts on Van Buren Street as traffic would move to other streets such as Golf Street and the alley and if public safety had concerns about the possible street vacation. Police Chief Eric Peterson said he had not had an opportunity to review traffic counts but the best way to find identify an address for emergency response is on the front of the home so it would be more difficult driving through an alley in addition to a tight fit and having sufficient access to fire hydrants. Mr. Anderson reviewed traffic counts in the 400 block of Van Buren and said they were significantly higher on Harrison Street. Kristin Wilberg, 403 Van Buren Street, said she had no concerns with the parking lot proposal and that the neighborhood just wanted a chance to look at the budget and options now with the street renewal coming up. She said Anoka is known for doing great things and that this neighborhood was very special and would like to see information regarding traffic accidents in the area, adding if this concept works it could be done in other neighborhoods too. Mr. Lee suggested staff work on concepts with the 2140 property group and the neighborhood on the west end as starting point to see how they could make the access work. Mr. Baumgartner disclosed his firm was a tenant at the 2140 property but had no property ownership then noted if the street was vacated the underlying property goes back to the property owners and any parkway would need some sort of conveyance back to the City to put this concept in place. September 28, 2020 (Worksession) Page 8 of 9 Allen Hardesty, 415 Van Buren, proposed an emergency lane in the center of the street that would still belong to the City then spoke how residents already have to cut the grass anyway, adding drainage concerns should not be necessary as the area has been working well all these years. Councilmember Freeburg noted nearby neighborhoods would have to be notified of any changes due to potential traffic impacts. Councilmember Skogquist said options should be considered as had been done in the past followed by a broader discussion about whether or not to move forward. Councilmember Wesp asked the neighborhood and building owners to meet to discuss options and reach consensus. Mr. Lee said staff will arrange that meeting and work with engineering staff to address the needs and character of the neighborhood then present a concept for consideration. Mr. Baumgartner suggested the Council consider designating the area as reserved parking for the law firm. Council agreed that could be an option. Borgie Bonthuis, 712 River Lane, noted definitions of alleys and streets would have to be changed should this move forward then spoke about maintenance concerns, logistics of parking and the possibility of a disabled resident in the area who may have access concerns. Mr. Haresty said that neighbor did not have access off her driveway and was not concerned about her access but deliveries and suggested reviewing a book written about the area when it was developed for insight as part of this process. 3.3 Discussion; October 31 Event Proposal from Anoka Entertainment District. Mr. Lee shared a staff report with background information stating the Anoka Entertainment District representatives and Anoka Lions had submitted a proposal to host an outdoor Halloween Event on Saturday, October 31, 2020, in the downtown entertainment district. Emails providing the event details and our response to the event organizers were shared and staff has discussed the proposed event. He said assuming the current Governor’s Executive Orders remained in place on October 31 staff did not see how this event could occur without violating the order of not having more than 250 people in attendance at an outdoor event but that should the Executive Order change prior to October 31 staff would reconsider the proposed event. Chief Peterson said it was not likely the order would expire by then and explained since Halloween is so popular already in the City people will likely show so they will be staffing additional officers anyway, adding the City would have to take into consideration culpability if a formal event was allowed. September 28, 2020 (Worksession) Page 9 of 9 Councilmember Freeburg asked about the possibility of the annual Christmas tree lighting ceremony. Mr. Lee replied the ceremony most likely be virtual instead. Council consensus was not to support a Halloween event as proposed and support the Police Department additional staffing as proposed. 4. ADJOURNMENT Motion by Councilmember Freeburg, seconded by Councilmember Wesp to adjourn the Worksession at 7:35 p.m. Motion carried. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerk