Anoka City Council

November 1, 2021 (Regular) Page 1 of 9 REGULAR MEETING OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS NOVEMBER 1, 2021 1. CALL TO ORDER Mayor Rice called the regular meeting of the City Council to order at 7:05 p.m., followed by the Pledge of Allegiance. ROLL CALL Present at roll call: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver, and Wesp. Staff present: City Manager Greg Lee; Community Development Director Doug Borglund; Director of Public Services Mark Anderson; Public Services Administrator Lisa LaCasse; City Planner Clark Palmer; Police Chief Eric Peterson; and City Attorney Scott Baumgartner. Absent at roll call: None. 3. COUNCIL MINUTES 3.1 October 18, 2021, Regular Meeting and Executive Session. Councilmember Barnett noted changes needed to Item 9.2 to Anoka High School and Item 9.9 from benefitted to prevented regarding free advertising. Motion by Councilmember Barnett, seconded by Councilmember Skogquist, to waive the reading and approve the October 18, 2021, Regular Meeting and Executive Session as corrected. Vote taken. All ayes. Motion carried. 4. OPEN FORUM 4.1 Proclamation; Sons of Norway Vennekretsen Anoka Lodge. Darlene Williams, President of the Sons of Norway Vennekretsen Anoka Lodge, shared they will be celebrating their 45th Anniversary and requested a Proclamation be made proclaiming November 8, 2021 as Sons of Norway Vennekretsen Day in the City. She shared about their work which includes hosting the annual soccer tournament in Blaine to promote sports for youth, November 1, 2021 (Regular) Page 2 of 9 Haven for Heroes, Stepping Stones, youth camps, and other activities to help and promote Anoka. Mayor Rice read the Proclamation into the record and thanked the Sons of Norway for their work in the community. 4.2 Small People – BIG TRUCKS. Public Services Administrator Lisa LaCasse shared a recap of the first annual Small People BIG TRUCKS event that occurred on October 21. She shared how display vehicles were located in the Castle Field parking lot with participant parking hosted by the Anoka Ice Arena and included squads, loaders, dump trucks and others. Staff estimated 200 youth attended with their parents/guardians and were pleased by the attendance for a first-time event. She said concessions were provided by the Order of the Eastern Star Anoka Masons – Martha Chapter and thanked all donators for the event. Councilmember Wesp complimented staff for their creativity with such an event, adding it was well planned and well received. Councilmember Skogquist agreed then noted the school district hosts a similar event and suggested coordination for future events so they do not overlap. 4.3 Police Activity Update. Police Chief Eric Peterson shared the Halloween events went well and thanked the 17 other agencies that helped make all events successful and safe. He spoke on an incident that occurred at one event that involved a gun but that a suspect had been identified and no one was injured then shared how the police and fire departments worked to address overcrowding that was occurring in some tents and the need to maintain occupancy limits. Chief Peterson spoke about upcoming staffing adjustments to help protect shoppers during the upcoming holiday shopping season and cautioned the public about the increase in thefts from doorsteps. Councilmember Weaver thanked staff for their work during the Halloween parades and events. OTHER INFORMATION UNDER OPEN FORUM None. 5. PUBLIC HEARING(S) None. 6. CONSENT AGENDA November 1, 2021 (Regular) Page 3 of 9 Councilmember Barnett inquired about the Lodging Fund expense for Minnesota Metro North Tourism. City Manager Greg Lee explained the contribution was to Twin Cities Gateway for funds collected through lodging taxes which is forwarded to the Gateway to promote tourism for the City. Councilmember Barnett noted a correction was needed on the meeting calendar from December 16 to December 20. Motion by Councilmember Barnett, seconded by Councilmember Wesp, to approve Consent Agenda 6.1 through 6.3 as corrected. 6.1 Approve Verified Bills. 6.2 Revising and Setting Council Calendars. 6.3 Approval of Anoka County Contract – 2022 Agreement for Residential Recycling Program. Vote taken. All ayes. Motion carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS None. 8. PETITIONS, REQUESTS AND COMMUNICATION None. 9. ORDINANCES AND RESOLUTIONS 9.1 ORD/Amending Chapter 54, Establishing Article VIII. Display of Flags or Similar Objects or Displays on City-Owned Property. (2nd Reading) ORDINANCE Community Development Director Doug Borglund shared a background report stating the City Council reviewed the draft ordinance amendment at the September 27, 2021 work session meeting and directed staff to bring forward an ordinance amendment for consideration that would regulate the display of flags or similar objects or displays on City-owned buildings, sites, parks, light poles, flagpoles, and other City infrastructure. He reviewed highlights of the draft ordinance amendment that included regulating the display of flags or similar objects on City-owned buildings, sites, parks, community message signs, light poles and flagpoles, assuring that anything displayed on City-owned buildings, November 1, 2021 (Regular) Page 4 of 9 sites, parks, community message signs, light poles, flagpoles, or other City infrastructure only illustrates a form of governmental expression of the City of Anoka, and that City property is not intended to serve as a forum for free expression by the public but rather be used exclusively by the City, where the City may display a commemorative flag or similar objects as a form of government expression. He said the ordinance outlined that the City shall not display a commemorative flag or similar objects based on a request from a third party, nor shall the City use City property to sponsor the expression of a third party. The ordinance also addressed changing the specific color of backlighting of the City logo on the Highway 10 bridge decks, colored lighting on the Main Street bridge, or lighting of public buildings for those entities and causes the City financially supports and partners with such as Anoka Halloween and Alexander House. He outlined changes and potential amendments and how a resident spoke at first reading with the suggestion of an amendment. City Attorney Scott Baumgartner shared comments regarding sidewalk chalk art discussions and how this fit into the proposed ordinance. He cited a case in Minneapolis that was ultimately settled that included chalk art and suggested an amendment to Section 54-31 purpose that would include control the aesthetic appearance of City-owned buildings, sites, parks, light poles, and other City infrastructure. He reviewed other cases and court opinions where this language could apply and said how the conduct can be addressed but not the message being conveyed as that is protected by the first amendment. He said this amendment would allow for the uniqueness desired by the Council when art is contracted by the City and balances those efforts without violating first amendment rights. Councilmember Skogquist asked for clarification on what types of public property could not be used for expression by the public. Mr. Baumgartner said any public property would be included as it was owned in trust by the public. Councilmember Skogquist shared a recent photo of sidewalk chalk on a City sidewalk promoting registration for a school event that would be similar and shared concerns about unequal enforcement as he felt sidewalks were different than other infrastructure. Mr. Baumgartner responded how the intended purpose of a street or sidewalk was for transportation and while they could have other uses this was an example of public infrastructure that could be used. He explained the difficulty in allowing one type of art versus another which could potentially expose the City to litigation and suggested education be used instead by contacting the school to remove after sharing reasons why. Councilmember Weaver spoke about how the ordinance would be a tool and compared it to speed enforcement and how officers use discretion in when to pull someone over, which could be done here as well. Mr. Baumgartner agreed the ordinance could be used as an educational mechanism first with enforcement second. November 1, 2021 (Regular) Page 5 of 9 Councilmember Barnett commented about the resident’s suggestion for amendments and said as long as the expression of a third party included an individual she was comfortable with the language as proposed. She asked about the proposed addition of artwork approved by the City and suggested that approval come from Council and staff rather than boards or commissions. Mr. Baumgartner said the approval could come from anyone the City selected and could be included in the ordinance or in a policy as the term City was intended to be broad enough to encompass whoever would make those decisions. Councilmember Barnett suggested including the term sidewalks as well in the proposed language to further clarify infrastructure. Councilmember Skogquist agreed about the need for education of any ordinance first but said he did not want to make it illegal for a child to draw on a sidewalk and suggested parsing further via medium used due to its temporary nature. Motion by Councilmember Barnett seconded by Councilmember Weaver, to hold second reading and adopt an ordinance amending Chapter 54 Streets, Sidewalks, and Other Public Places; Establishing Article VIII Display of Flags or Similar Objects or Displays on City Owned Property of the Code of the City of Anoka Minnesota, with amendments as proposed by City Attorney. Councilmember Weaver said he understood Councilmember Skogquist’s argument but said it was important to balance the ordinance with discretion and said he would support the ordinance as proposed. Mayor Rice agreed that education would be important that would include the suggestion that a driveway be used for chalk art instead of a sidewalk and how he hoped this would help address some of these concerns. He said if the exemption for chalk art remained it could lead to concerns regarding enforcement and while unfortunate it is necessary to protect the integrity of the City. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Weaver and Wesp voted in favor. Councilmember Skogquist voted nay. Motion carried. 9.2 RES/Final Plat; Pinewski 4th Addition. RESOLUTION Councilmember Weaver said he would be abstaining from discussion and vote on this item due to a potential conflict of interest. City Planner Clark Palmer shared a background report stating Novak-Fleck Inc. is proposing to re-plat Block 1, Lot 3, Pinewski Addition (1984). The new plat will be called Pinewski 4th Addition which will include lots for 28 new single-family villas homes. He said the Council approved the preliminary plat at the October 18, November 1, 2021 (Regular) Page 6 of 9 2021, regular meeting and that the final plat is consistent with the preliminary plat including the dedication of new right-of-way 60 feet wide, as well as all necessary drainage and utility easements. He outlined the recommended conditions of approval in detail and said staff recommended approval of the final plat. Councilmember Skogquist spoke about the need to connect the sidewalk to the east property line for future sidewalk expansion and suggested an additional condition be included. Motion by Councilmember Skogquist seconded by Councilmember Barnett, to adopt a resolution for approval of a final plat (Pinewski 4th Addition) that includes an additional condition that the future sidewalk construction be extended to the east property line. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, and Wesp voted in favor. Councilmember Weaver abstained. Motion carried. 9.3 RES/Development Agreement; Novak-Fleck Development at Garfield/Zuni Street. RESOLUTION Councilmember Weaver said he would be abstaining from discussion and vote on this item due to a potential conflict of interest. Mr. Borglund shared a background report stating staff has drafted a development agreement between the City and Novak-Fleck, Inc., which encompasses the construction of 28 detached townhome units including all necessary site improvements on an 8.29-acre site. He outlined the agreement in detail that included the developer being responsible for the construction and all cost associated with the approved development plans including but not limited to necessary public streets, public utilities, and related improvements, normal development fees including building permit, utility connection charges, and any other financial requirements stated in this agreement, and park dedication equal to $71,204.00. He said the resolution authorizes the City Attorney to make necessary adjustments based on Novak-Fleck, Inc.’s comments but if substantial changes were brought forth by the applicant that the agreement would be brought back to the City Council for review and consideration. Representative from, Novack-Fleck, thanked City for the opportunity to bring this housing product to Anoka and thanked staff for their input throughout the process, especially Mr. Palmer. Motion by Councilmember Wesp seconded by Councilmember Skogquist, to adopt a resolution approving development agreement; Novak-Fleck, Inc., Pinewski 4th Addition, Garfield/Zuni Street. November 1, 2021 (Regular) Page 7 of 9 Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, and Wesp voted in favor. Councilmember Weaver abstained. Motion carried. Mayor Rice thanked the applicant for investing in our community and their investment in the City. 9.4 RES/Anoka Water Treatment Plant 6 and 8 Expansion; Accept Feasibility Report, Order Project, Waive Public Improvement Hearing, and Authorize Preparation of Plans and Specifications. RESOLUTION Director of Public Services Mark Anderson shared a background report stating the Water Division of the Anoka Public Services Department is responsible for the reliable supply of safe drinking water to all City of Anoka water users. The Water Division must ensure we can meet the increasing future water demand of the City. The Water Division studied current, proposed, and planned development projects in the City to evaluate how their additional water needs will increase the demands placed on wells and water treatment plants (WTPs). The City currently has six production wells in service with Wells 1 and 2 currently out of service. He explained how production wells pump raw water to the City’s five WTPs where the water is filtered and treated before being pumped into the overall system to meet the water needs of the City in detail then said the 2017 Comprehensive Water Plan and 2021 Feasibility Study has identified and addresses supply by laying out a capital improvement plan to increase water production and water treatment using a phased implementation strategy. Mr. Anderson spoke about firm capacity defined as the systems water production capacity minus the capacity of the largest pump and when comparing our firm capacity to recent summer water demands it leaves us short of meeting a high demand day by approximately 0.2 MGD. He said it was important to note that City wells are very well maintained and we have experienced no reduced pumping capacity as a result of equipment failures but with the new development the City is experiencing, the water demand is expected to increase and will require additional water production/treatment. He said the proposed expansion to WTP 6 and 8 would allow added filtration and would be the most cost-effective way to increase our water production/treatment capabilities by 1.6 MGD and provide the ability to meet our City water needs into the future. He shared about the phases, the preparation of plans and specifications to expand Anoka Water Treatment Plants 6 and 8, which will allow increased filtration capacity, will be $240,000. The estimated cost for the project is $6,400,000 and funding will come from bonding. Councilmember Skogquist inquired about full capacity and further impacts and how this expansion will work to avoid capacity issues that occurred during this summer’s drought. Mr. Anderson explained how they reduced pumping levels to November 1, 2021 (Regular) Page 8 of 9 not draw air as well as extended the down pipe which helped to address capacity concerns. Councilmember Weaver asked about the third aquifer and why not use one of the others. Mr. Anderson explained the City draws from seven different aquifers and how deeper the well the more likely radium is included which then needs to be filtered out. Mayor Rice confirmed other communities draw off the same aquifers. Councilmember Barnett inquired about other efficiencies or technologies that will assist with capacity and security and if the expansion will include any additional costs such as staff. Mr. Anderson confirmed no additional staff would be needed as part of the expansion because technology will make the process more efficient then spoke about the importance of security measures which was protected data. Councilmember Barnett asked about the consultant’s work to address potential water loss. Mr. Anderson explained how the meter upgrade program and other work targeted water conservation despite difficulties due to sandy soils then added how new infrastructure helped too through street renewal projects. Councilmember Skogquist inquired about the ultimate effects on water rates should this be approved. Mr. Lee said staff will present the proposed water rate adjustments at the next meeting that will cover these costs. Councilmember Barnett stated this was an incredibly important project that was the most cost efficient as well as the need for improvements to Well 9 when appropriate. Mr. Lee noted the project will also expand the filtration capability which will allow for more water to be used. Motion by Councilmember Barnett seconded by Councilmember Wesp, to adopt a resolution for the Anoka Water Treatment Plant 6 and 8 Expansion; Accept Feasibility Report, Order Project, Waive Public Improvement Hearing, Authorize Preparation of Plans and Specifications. Mayor Rice spoke about how the need to filter sand out of the water and how much water is stored in the towers for air pressure. Mr. Anderson explained the amounts depended on weather as the levels fluctuate during the winter to prevent freezing but more is needed in the summer. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 10. UNFINISHED BUSINESS November 1, 2021 (Regular) Page 9 of 9 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. Councilmember Weaver shared about the third annual Waterfowl for Warriors event and thanked Federal Cartridge for their sponsorship. Mr. Lee encouraged the public to view the video on the City’s website that outlined the upcoming Highway 10 reconstruction project. ADJOURNMENT Councilmember Wesp made a motion to adjourn the Regular Council meeting. Councilmember Weaver seconded the motion. Vote taken. All ayes. Motion carried. Time of adjournment: 8:36 p.m. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerk