Anoka City Council

December 6, 2021 (Regular) Page 1 of 17 REGULAR MEETING OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS DECEMBER 6, 2021 1. CALL TO ORDER Upon conclusion of a closed executive session pursuant to Minnesota Statute 13D.05, Subd 3(b) for attorney-client discussion; negotiation and settlement in using eminent domain to acquire property for the US Highway 10/169 Improvement Project, Mayor Rice called the regular meeting of the City Council to order at 7:00 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; Recreation Manager Nickie Jenks; Director of Public Services Mark Anderson; Assistant Finance Director Liz Douglas; City Planner Clark Palmer; Police Chief Eric Peterson; and City Attorney Scott Baumgartner. Absent at roll call: None. 3. COUNCIL MINUTES 3.1 November 15, 2021, Regular Meeting. Councilmember Barnett requested a correction to Page 11, removing “...adding vaccination proof as a possibility...” from the text. City Attorney Scott Baumgartner noted inconsistencies in the minutes regarding a specific item and suggested Council table approval to allow staff time to review the recording. Motion by Councilmember Barnett, seconded by Councilmember Weaver, to table approval of the November 15, 2021, Regular Meeting minutes to an upcoming regular meeting. Vote taken. All ayes. Motion carried. 4. OPEN FORUM 4.1 Swearing in of Officer Adam Schutte and Police Activity Update. December 6, 2021 (Regular) Page 2 of 17 Police Chief Eric Peterson said he would be formally swearing in Anoka’s newest police officer, Officer Adam Schutte, who was hired July 12, 2021 and completed Field Training on November 1. Prior to being hired as a police officer, Officer Schutte volunteered his time with the City’s Reserve Unit and worked part time as a Police Security Officer. He said Officer Schutte was an Iraqi Freedom veteran and served in the National Guard from 2002 to 2008 and served as a Sherburne County Corrections Officer. Chief Peterson administered the oath of office to Officer Schutte. A round of applause was offered by the audience. Councilmember Wesp shared comments about being proud to be a Councilmember in Anoka but more importantly a citizen and to have the best people in the police force. He welcomed Officer Schutte and his family to the Anoka Police Department where they place public safety first in the community. Councilmember Barnett said she served as a reserve officer with Officer Schutte and witnessed his amazing work with the community, stating he was a very people-oriented person. She noted many other cities were currently hiring police officers and thanked Officer Schutte for choosing Anoka. Mayor Rice said he was very proud of Anoka’s police department and pleased that Officer Schutte would be joining them. Chief Peterson shared a department update that included the estimated thousands who attended the Christmas tree lighting event which went very well with no concerns. He shared the increase in attempted telephone scams and cautioned the community then spoke about the Home Alone Safety class and Officer Madison Strouse who will begin field training soon. Councilmember Weaver thanked Chief Peterson for the police presence at Franklin School crossing during school. Chief Peterson said they would continue providing presence and enforcement at the Main Street crossing to help ensure students’ safety. Public Services Director Mark Anderson shared that staff would be meeting with SEH consultants regarding the current crosswalk and ways to increase its safety through site distances, sign placement, and signals. 4.2 Resident Mark Nupen; Regarding City Code Chapter 78, Article IX, Division 2, Section 78-611(a), Relating to Parking of Motor Vehicles and Trailers. Mark Nupen, 920 Brisbin Street, shared that he recently received a City code violation regarding violating a setback but requested exemption from the ordinance based on signed consent from the neighboring property owner. He explained the exemption was included in the Section Appeals portion of the code and was requesting the ability to park a boat or small camping trailer during December 6, 2021 (Regular) Page 3 of 17 summer months, adding should the neighbor’s consent change in the future that he would no longer use the exemption. Mr. Baumgartner said while he understood the request procedurally the process should be accomplished through a variance process instead which was more plausible than an exemption. Mayor Rice asked if variances can be granted based on the condition of neighboring property owner’s approval. Mr. Baumgartner said that was possible but suggested meeting with staff instead to review. Mr. Nupen noted City staff had suggested he appear during Open Forum to discuss. Councilmember Wesp said it was fair for Mr. Nupen to be able to plead his case and asked for direction on process. Community Development Director Doug Borglund suggested the variance process be implemented. Council asked questions regarding options and directed Mr. Nupen to speak with City staff for next steps. 4.3 Receive Outstanding Conservationist Award from Anoka County Conservation District. POSTPONED OTHER INFORMATION UNDER OPEN FORUM Tina Ross, 747 Monroe Street, said she has been renting her home for 10 years but was recently notified that she had to move because her landlord was unable to obtain a rental license and she was unsure of next steps as this was her home. She referred to a possible temporary rental license from the City Council, noting she has been unable to locate new housing. Mr. Borglund shared the property had been a rental property in the past but due to the license cap no rental license was available and the property can no longer be rented which the property owner was made aware of. Mayor Rice referred Ms. Ross to City staff for further review of current ordinance and possibilities for consideration. 5. PUBLIC HEARING(S) 5.1 Amendments to City Charter; Section 2.05, Vacancies in Elected Offices and Section 2.07, Salaries. ORD/Amending City Charter, Section 2.05, Vacancies in Elected Offices. (1st Reading) December 6, 2021 (Regular) Page 4 of 17 ORD/Amending City Charter, Section 2.07, Salaries. (1st Reading) City Manager Greg Lee shared a background report stating at their meeting on October 13 the Charter Commission reviewed Section 2.05, Vacancies in Elected Officers and Section 2.07 Salaries, of the Anoka Charter. After a lengthy discussion, the Charter Commission is recommending changes to Section 2.05 Vacancies in Elected Offices. He outlined the proposed changes in detail that referred to declaration of vacancies, process for filling a vacancy based on the amount of time left in the seat, and when a special election would occur. He reviewed when notice of a vacancy would occur and how if there were fewer candidates in a regular or special election that Council shall fill the seats by appointment, following the procedure for an unexpired term of less than 12 months, after which the appointee would serve until the next regular election. He then reviewed the proposed changes to the salaries section that included new language that a review of the Mayor and Councilmember salaries shall be conducted by the City Council in June of every odd numbered year. Mr. Lee noted should Council approve these changes they would become effective 90 days after publication and that it would take a unanimous vote of the full City Council to approve the changes. Mayor Rice opened the public hearing at 7:37 p.m. Being no comments Mayor Rice closed the public hearing at 7:38 p.m. Mayor Rice asked should a vacancy occur that was greater than one year then the Council would function as a four-person Council until the next election. Mr. Baumgartner explained there was no hybrid option being presented but noted the Commission did not discuss the interim period but instead suggested a special election for any vacancy 12 months or more and how a special election could occur after a resolution of vacancy was adopted and proper public notice issued. Councilmember Weaver noted the cost of a special election was significant. Mr. Baumgartner agreed but noted if the special election falls during a year where a general election was to occur the seat could be included on that ballot wherever possible. Mr. Lee confirmed the cost of a special election was approximately $30,000. Councilmember Weaver commented about the possibility of a tie during the appointment process which allows the then-seated Mayor to then appoint a person of their choosing which results in almost a strong-Mayoral position. Councilmember Barnett said historically the process has operated just fine and noted Council are elected officials who make responsible decisions on many December 6, 2021 (Regular) Page 5 of 17 items and that it was unreasonable to spend funds to administer a special election when unnecessary. Councilmember Skogquist spoke about the process used in 2015 when Councilmember Schmidt ran unopposed then resigned and Council moved an individual forward for the vacancy which could ultimately use the system to appoint members. He said this proposal was a compromise and if the vacancy was longer than one year a special election was appropriate. Councilmember Wesp noted he was the individual who moved forward for the vacancy in 2015 but that he had served until 2000 when he resigned. He shared history of past appointments made and successes of those appointments and how this vote had to be unanimous for the ordinance amendment to pass. He said he did not see this as being a worthwhile change at this time and would not support the Charter amendment. Mayor Rice stated it was good to have an election every two years and if a vacancy was greater than half the term it should come before the next election. He said he was a little uncomfortable if a tie occurred which initiated the Mayoral appointment process as that timeframe could be lengthy but noted it has not happened in the past and suggested adopting language that appointed an individual if the stalemate lasted for a specific period, such as 60 days. Councilmember Skogquist confirmed his objection to the proposal as it made it easier for a Mayor to appoint someone. Councilmember Wesp said we should allow members make the selection but if there is a tie the Mayor’s position should be allowed to make the final decision. NOTE: By motion from Councilmember Weaver, which was seconded by Councilmember Skogquist, and by a unanimous vote of the Council, agenda item 9.1 was moved up on the agenda and acted upon at this point. Motion by Councilmember Skogquist to hold first reading Amending City Charter, Section 2.05, Vacancies in Elected Offices. Motion failed due to lack of second. Motion by Councilmember Wesp seconded by Councilmember Barnett to deny first reading Amending City Charter, Section 2.05, Vacancies in Elected Offices. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Weaver and Wesp voted in favor. Councilmember Skogquist voted nay. Motion carried. Councilmember Wesp clarified the special election language should not be stricken because if an appointed person was up for re-election to affirm an December 6, 2021 (Regular) Page 6 of 17 appointment the difference was in calling the special election which was a separate event versus during the next regular election. Mr. Lee noted there was already protocol in place regarding acting mayor. Discussion was held on a Councilmember moving into the Mayor’s role and if they choose not to run for the Mayoral office that Councilmember returns to their elected seat and that in the event of a tie vote they had the right to return to their seat during the next regular election for the remainder of the term. Mr. Baumgartner asked when an appointment or tie happens and how long the tie should continue before the Mayor’s obligation begins to appoint and what seat is actually available at the election. He said the language does not refer to tied votes but only when unable to agree. Mayor Rice said he felt the proposed language addressed the concern because if a majority of four members would cause an appointment in the case of a tie language could be added such as if one of the two tied candidates. Mr. Baumgartner clarified proposed language stated in the event of tie the Mayor shall appoint one of the eligible persons to fill vacancy. Councilmember Barnett said she would like to further review that language as it was important to clarify that the Mayor should not get to select someone but select between the two candidates. She said she did not disagree with the language but noted it was a difficult concept to understand and suggested the language be clarified. Mr. Baumgartner shared concerns about a vacancy existing too long because of the possibility of super majority votes but that staff would return to the Charter Commission with proposed language for presentation to the Council. Councilmember Barnett said she supported the proposed language regarding Council salary review in June of every odd numbered year, adding this would not guarantee a salary increase but provided a mechanism for regular review to ensure the City was mindful and aware of other cities and the services they offered. Councilmember Wesp noted the last salary increase occurred in 2021 and included a provision of a 4/5 vote to pass. Motion by Councilmember Wesp seconded by Councilmember Weaver, to hold first reading Amending City Charter, Section 2.07, Salaries. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 5.2 2022 Budget and Levy Presentation. December 6, 2021 (Regular) Page 7 of 17 Assistant Finance Director Liz Douglas shared a background report stating the 2022 budget process began in June and was based on Council directives and the 2022 goal session. The Council reviewed the 2022 budget, as proposed by the City Manager, at several meetings in August. The proposed 2022 budget for all funds excluding the HRA component unit is $73,160,187. The 2022 proposed levy is set at $7,736,653. The proposed levy is an increase of $290,553 or 3.9% above the 2021 levy. Residential property taxpayers will see a small increase in City property taxes. The levy increase, along with changes in fiscal disparity contributions and distributions, changes in tax increment and market value all affect the tax rate and the amount of property tax levy distributed to individual properties. She reviewed descriptions of the changes and the proposed budgets, adding with an increase in the levy the City Council is able to cover all general fund operating, debt service payments and some capital expenditures. Ms. Douglas said the proposed total levy is $7,736,653, which would result in approximately a $30 increase in City property taxes. She noted the proposed increase in Electric fixed fee of $1 per month, Water fixed fee of $1 per month, and increase in the Sewer fixed fee of $0.25 per month. She noted final action on the budget and proposed final levy would occur at the December 20 meeting. Councilmember Skogquist shared concerns about recent Council direction to remove the $30,000 line item from the budget to Community Education and shared communication from last year from the Community Education Director when Council reviewed decreasing funding and reasons why the funding should remain. He stated Community Education provided fee assistance and scholarships for Anoka students as well as partnership opportunities in the City. He stated that based on his service on the Park Board for nine years this amount in no way matches what the City receives back in recreation as Anoka does not offer rec leagues or have a community center but relies on schools to offer programming. He compared this funding to the rehabilitation of the grain bin for a picnic shelter and hoped this funding would be included in the budget again so that Anoka continues its positive relationship with the school district. Councilmember Skogquist noted the district just paid $150,000 towards improvements at Rudy Johnson Park which highlighted the partnership in place and hoped this was not a personal-based decision and would change prior to final adoption. Ed Evans, 1186 Benton Street, commented about not needing to compare rates and fees to other cities because Anoka had an electric department and enterprise fund which was unlike most cities. He spoke about the HRA as a taxing levy and suggested including the HRA levy in the public information then asked if the golf course was an enterprise fund and spoke about past and proposed transfers of funding for projects such as the elevator and mower and concerns about revenue loss occurring and keeping the event center separate from the course. Mayor Rice noted the Council receives regular updates on the golf course and how that budget was included in the published document. December 6, 2021 (Regular) Page 8 of 17 Dr. Evans referred to the number of rounds played that was reflected in the budget but how that did not include discounted rounds when issued. He referred to the electric fee increase of $1 for fixed rates and complimented Utility Director Greg Geiger’s work to save $430,000 through changes such as moving the locating services back inhouse, cap on GIS mapping, and others and how therefore fees should not have to be raised. Councilmember Skogquist said the electric rates were based on actual costs and were not even close to meeting the costs. He said the gap needs to be filled based on charges and that energy costs are higher than what is even being passed on to the City and how the proposed increase will be used to implement online billing and provide better customer service. Dr. Evans said the need to average costs and fees because of fluctuation throughout the year then added residents do get their money’s worth from taxes and complimented staff, particularly Public Works and Police, on their hard work. Mayor Rice opened the public hearing at 8:46 p.m. Being no other comments Mayor Rice closed the public hearing at 8:46 p.m. Councilmember Barnett residents stated Anoka residents pay $121 per month for all City services, including public safety, public works, and water, which was a very good value. She agreed community education has a positive effect but did not support forcing taxpayers to support activities such as crafts and others and spoke about how WAC/SAC was proposed to be used for the grain bin rehab. Mr. Lee confirmed that rehab work was currently being planned to come from the Park Capital Fund. Councilmember Skogquist said there were other ancillary activities the City supports, similar to Community Education, such as food in the parks. He noted the Park Capital Fund comes from operation of the liquor store and some is donated and suggested more of that occur. He added the City received a lot more than what was given, including relocation of school district offices, an improved football field, and other partnerships. 6. CONSENT AGENDA Motion by Councilmember Skogquist seconded by Councilmember Barnett, to approve Consent Agenda 6.1 through 6.6 as presented. Councilmember Barnett thanked staff for their good work negotiating and reducing employee medical coverage costs and maintaining dental coverage costs and other benefits. 6.1 Approve Verified Bills. December 6, 2021 (Regular) Page 9 of 17 6.2 Revising and Setting Council Calendars. 6.3 Approval of 2022 Employee Benefits and Wage Adjustments. 6.4 Recommended Approval of an LG240B Bingo Permit for Anoka Today Alano. 6.5 2020 Combined Street Improvement Project (Street Surface Project Area); Final Payment and Project Close-Out. 6.6 Issuance of a Massage Therapist License for Nicole Nyquist of Anoka Massage and Pain Therapy, 710 East River Road. Vote taken. All ayes. Motion carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 7.1 Park Board Items. 7.1.A. 2021 Aquatic Center Annual Report. Recreation Manager Nickie Jenks shared a background report for the 2021 aquatic center season, stating the center was open for 90 days in 2021 and collected revenue of $385,987, which was $70,207 over the estimated budget. She said expenses totaled $386,888 and included staffing and concessions. She said the center saw over 37,000 swimmers attend open swim, sold 1,330 season passes, and had over 1,500 little splashers. Ms. Jenks said staff would review the season pass incentives for 2022 and commented they could have decreased due to concerns of potential restrictions. She said enrollment in swimming lessons grew and that staff was working on ways to accommodate more capacity within reason. She shared concession stand statistics and how staff tried new items and netted over $11,000 then spoke about the proposed schedule for 2022 and how the Park Board approved a small daily admission increase to accommodate staffing increases and swimming lessons. Councilmember Weaver thanked Ms. Jenks and the entire staff for their work managing the center and staff during a pandemic and unknown weather and said they did a wonderful job. Councilmember Skogquist agreed and suggested installing a second pizza oven to help accommodate the demand. Councilmember Barnett asked if expenses included staff to winterize and maintain the pool and complimented staff on the overall $900 net loss as it was exceptional. She said she was pleased the concessions were moved inhouse and excited for the swim and dive teams. Ms. Jenks thanked the Council and noted everyone on staff contributed to these results. December 6, 2021 (Regular) Page 10 of 17 Councilmember Wesp spoke about the history of the pool which was donated by Federal Cartridge in the 1950s and how the City continues to support the pool even when the seasons are not as great and thanked Ms. Jenks and all Parks and Public Works staff for their fantastic work. Motion by Councilmember Wesp, seconded by Councilmember Weaver, to accept the 2021 Aquatic Center Annual Report. Vote taken. All ayes. Motion carried. Mayor Rice agreed and added it was important for everyone to know how to swim as it makes the City safer because of it. 8. PETITIONS, REQUESTS AND COMMUNICATION None. 9. ORDINANCES AND RESOLUTIONS 9.1 ORD/Amending City Charter, Section 2.05, Vacancies in Elected Offices. ACTED UPON AFTER PUBLIC HEARING ORD/Amending City Charter, Section 2.07, Salaries. ACTED UPON AFTER PUBLIC HEARING 9.2 RES/Recommended Approval of an LG230 Gambling Permit for Anoka Area Hockey Association for a Raffle on December 14, 2021, at 4111 N. 7th Avenue, Anoka. RESOLUTION City Manager Greg Lee shared a background report stating Anoka Area Hockey Association has submitted an application for a State-issued LG230 Off-Site Gambling Permit to allow them to conduct a raffle on December 14, 2021, at the Anoka Area Hockey Association Board Room. He said while this is a State-issued license it requires approval of the municipality in which the event will take place. He said staff has reviewed the application and that no concerns or objections have been expressed Motion by Councilmember Skogquist seconded by Mayor Rice, to adopt a resolution recommending the issuance of a State-issued LG230 Off-Site Gambling Permit for Anoka Area Hockey Association Raffle on December 14, 2021. December 6, 2021 (Regular) Page 11 of 17 Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 9.3 RES/Approving an Electric Fixed Rate Increase. RESOLUTION Ms. Douglas shared a background report stating first reading of this resolution was held on November 15 and no changes have occurred since first reading. She noted City Charter does not require a second reading prior to approval of a resolution but the City Council wanted to change the process so any increase to utility fees would have two readings allowing the public the opportunity to be heard prior to Council taking any action. Annually the City Council reviews the City utility rates during the budget process. For 2022, staff is recommending an increase in the electric fixed utility rates beginning in January. The City Charter requires the City Council to hold a public hearing on rate increases to allow the public to comment on the proposed changes, which was November 15. The fixed charge covers the cost of annual depreciation of the infrastructure for the utility, described as the cost of delivering service to end users. The current fixed charges are $10.70 for residential and small commercial electric meters, $40.00 for large commercial electric meters. The last increase to electric fixed charges was $1.00 to residential and small commercial rates only, effective January 2018. She said Anoka Municipal Utilities has been working with Invoice Cloud to create a new website for customers that will allow for easier interaction and more information for the customer. Utility Billing staff have taken many comments from customers over the years about the practice of the $3.25 convenience fee charged when a customer makes a payment online or over the phone. Staff recognizes this should be included as a cost of service moving forward and proposes a fixed charge increase to cover the web service and credit card processing charges. The current estimate for the annual website fees (based on 2019 dollars processed) is $30,000. The current estimate for annual credit card processing charges (based on 2019 dollars processed) is $70,000. Motion by Councilmember Skogquist seconded by Councilmember Barnett, to adopt a resolution relating to adoption of electric utility rate increase for 2022. Councilmember Weaver asked how we compare to other electric utilities as he believed Anoka was much lower. Ms. Douglas said Anoka would be lower even if others did not increase their rates such as Connexus, adding while Xcel may have a lower fixed rate their variable rates are higher and that Elk River is much higher at 10%. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 9.4 ORD/Adopting 2022 Master Fee Schedule. December 6, 2021 (Regular) Page 12 of 17 (1st Reading) Mr. Lee shared a background report stating annually staff reviews the fee schedule and determines whether or not a recommendation should be made to the Council to adjust the fees that the City charges for services and licenses. Fees are to be based on the actual costs to provide the service, issuance/enforcement of a license or code regulation, background checks, materials, time, etc. Mr. Lee outlined changes to the added event space, cemetery fees, water/sewer rates, park reservation fees, aquatic center changes, and assessment rates for street renewal programs. Councilmember Weaver inquired about fees for special events and designation of Areas A, B, C and what events apply to the various tiers. He spoke about the costs for Police, Public Works, and other staff costs and the need to clearly outline the fees and not be too onerous for events such as Jam by the Dam, Car Show, Riverfest, and others. Mr. Lee explained the proposed Area C would be for events similar to the food truck festival while Area B would be for Jackson Street and the parking lot east of City Hall. He said staff would have a breakdown of fees prior to second reading but noted the proposed fees do not come close to covering City costs and the need for a balance as costs for these events should not come from taxpayer funds only. He said the fee amendment was being proposed because of the increase in the number of events in the City. Motion by Councilmember Skogquist seconded by Councilmember Barnett, to hold first reading of an ordinance establishing a fee schedule for the City of Anoka, effective January 1, 2022. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 9.5 ORD/Amending Chapter 14, Animals; Relating to the Licensing and Inoculation of Dogs. (1st Reading) Chief Peterson shared a background report stating the City Council at its regular work session meeting on June 28, 2021 directed staff to bring forward an amendment to Chapter 14 of the City Code regarding the license requirements for dogs and cats. The current City Code requires that all dogs and cats be licensed and registered with the City of Anoka. The City has been registering and collecting fees for these licenses. The average annual revenue for sales of licenses is $1,600. The purpose of current Code is to identify and return pets to their owners and to ensure pets are inoculated against rabies. Pet license requirements and rabies inoculations are not mandated by the State of Minnesota. These requirements have been left up to local municipalities to determine its necessity. Research by staff had found that identifying pet owners has been more successful through microchip implants, personally owned identification tags and social December 6, 2021 (Regular) Page 13 of 17 media posts. In addition, staff has learned that rabies is rarely seen in dogs and cats in Minnesota, therefore the proposed amendment would remove all requirements to have a dog or cat licensed by the City, remove all requirements to have a dog or cat inoculated against rabies, and the requirement for all dogs or cats in public spaces to have an identification tag with the owner or veterinarian contact information affixed to the collar. Councilmember Wesp asked if the amendment was acceptable to Chief. Chief Peterson said he was unsure in the beginning but learned how microchip reader and identification for animals was much more effective than City tags and that only 172 animals were licensed in the City and how the majority of impounded animals do not have a City tag so it was not helpful. He said he supported the ordinance as it would not hinder their work and be more efficient and effective for the residents. Councilmember Wesp asked if staff patrols for unlicensed dogs and that the amendment would not change leash laws or any other aspects. Chief Peterson responded they do not actively check for licenses and said no other changes would occur such as the limit on the number of pets. Councilmember Barnett confirmed no changes would occur with the designation of dangerous dogs and the protocols and said as we look at what is relevant and what is not rabies is no longer a concern and that residents would benefit by not having a fee. Motion by Councilmember Barnett seconded by Councilmember Wesp, to hold first reading of an ordinance Amending Chapter 14, Article I, Division 1, Section 14-6; Article II, Section 14-31(A) and (B); Section 14-32; Division 2, Section 14- 53; Section 14-54; Section 14-55; Section 14-56; Section 14-57; Section 14-58; Section 14-59; Section 14-60; Section 14-61; Section 14-62 to 14-80; and Division 3, Section 14-83(J) of the Code of the City of Anoka Minnesota. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 9.6 RES/Adopting 2040 Comprehensive Plan. RESOLUTION Mr. Borglund shared a background report stating all cities, counties and townships within the seven-county metropolitan region must prepare a comprehensive plan and update that plan as needed every 10 years. The Metropolitan Council is charged with reviewing local comprehensive plans. The Met Council must review a plan for completeness before initiating the review process for an update or an amendment. A plan update is considered complete when it includes the elements required by statute and contains sufficient December 6, 2021 (Regular) Page 14 of 17 information to evaluate based on three primary criteria: conformance with metropolitan system plans; consistency with adopted policy plans; and compatibility with plans of affected and adjacent jurisdictions. He said before sending the City of Anoka Comprehensive Plan Update to Metropolitan Council for review, the City of Anoka is required to complete steps as part of the review, including adjacent community review, public hearing held by Planning Commission, and Council authorization to submit plan to the Metropolitan Council for review by resolution. He said when the City submits its plan update, the Met Council will review the plan for completeness and said this step ensures the plan includes all of the required elements and supporting information the Met Council needs to evaluate the plan for conformance with system plans, consistency with Met Council policies, and compatibility with plans of affected jurisdictions. Met Council have 15 business days to determine completeness. He reviewed approval steps by the Met Council and noted adoption of the MRCCA plan was contained within the Comprehensive Plan with the DNR to create modern river rules and how there first has to be plan. He thanked past and present staff and all for their work, particularly former staff member Carolyn Braun and City Planner Clark Palmer. Councilmember Weaver confirmed no rules have changed with the MRCCA with regard to setback, forestry, vegetation removal, dock regulation, rip rap, etc. and that the City would not be giving up any potential development sites. He said the rules typically reach farther into neighborhoods than those on the river. Mr. Borglund said the new model was similar to the Shoreland ordinance for lakes that provides clarity for users but will include items to be evaluated at some point in the future. Councilmember Wesp inquired about proposed downzoning for the neighborhood property south of Monroe Street east of River Avenue. Mr. Borglund said that was part of the plan but not the zoning and that staff was directed to change the map after a public hearing but how the next part was adjusting the zoning map by Council action. Motion by Councilmember Skogquist seconded by Mayor Rice, to adopt a resolution adopting the 2040 City of Anoka Comprehensive Plan Update, MRCCA Plan, and the Comprehensive Sewer Plan, a Compilation of Policy Statements, Goals, Standards, and Maps for Guiding the Overall Development and Redevelopment of the Local Governmental Unit. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 10. UNFINISHED BUSINESS None. December 6, 2021 (Regular) Page 15 of 17 11. NEW BUSINESS 11.1 Annual Appointments to Boards and Commissions. Mr. Lee shared a background report stating City policy required staff to advertise for the annual board/commission appointments during the month of October. This advertisement was published in the Anoka Union, posted on the City website, Facebook, Twitter and also posted on the City Reader Board. The notice requested that applications be submitted by November 1, however, applications will be accepted until December 6, 2021. Mr. Lee summarized the board/commission positions scheduled to expire as well as the status of the applications received. Motion by Councilmember Wesp, seconded by Councilmember Weaver, to approve annual appointments to Boards and Commissions as presented with exception of the Human Rights Commission and Park Board. Councilmember Skogquist said he would be abstaining as his mother currently served on the Heritage Preservation Commission. Vote taken. All ayes. Councilmember Skogquist abstained. Motion carried. Council discussed the process on the remaining appointment and concluded that ranking of the 1-5 applicants would be best for the remaining boards. Motion by Councilmember Wesp, seconded by Councilmember Barnett, to approve appointments to the Human Rights Commission for Andrew Schoeberl for a partial term, Leslie Taha to a full term and Chhloing Taha to a full term. Mark Beckenbach and Mary Blankenship and Zachary Heuring to the Parks and Recreation Board, all full terms. Vote taken. All ayes. Motion carried. Mayor Rice thanked all applicants and congratulated those who were appointed. 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 Wesp said Council would be moving into closed session and asked for clarification on the summary judgement made which meant the first lawsuit was settled where a summary judgement was made. Mr. Baumgartner December 6, 2021 (Regular) Page 16 of 17 explained the summary judgement at the district court level was appealed and then a decision was made by the court of appeals. Councilmember Wesp explained the summary judgement was for Mr. and Mrs. Weaver and while the situation involved Councilmember Weaver, he was not a Councilmember at the time and that judgement and court of appeals ruled on that also. He said if the Council entered into a closed session, it was for an additional lawsuit only filed against the City of Anoka and the topic of the lawsuit itself and if discussion could be held on the tabled ordinance. Mr. Baumgartner explained the lawsuit was about the ordinance amendment and timing and suggested waiting to discuss all aspects of this during the closed session to ensure public and private data was contained. Councilmember Wesp asked if a Council can table an item and if it would have been ill advised to discuss this topic at the last meeting because of the pending lawsuit. Mr. Baumgartner said he did not believe it was as long as the Council focused on the proposed ordinance amendment and said he would have a better idea after the closed session with the League of Minnesota Cities attorney. Councilmember Wesp referred to Councilmember Skogquist’s reference to ‘hush hush’ and the implication that Council was covering something up. He noted the issue involved a lawsuit with a person who was not a Councilmember at the time and understood the lawsuit had been settled and therefore there was no cover up of anything and that action could have been taken at the last meeting. Mr. Baumgartner said each topic included questions and each one was precipitated but noted from his involvement he did not see anything of appearance of impropriety and that the proposed code amendment was a necessity regardless of how it got to the City. He said it was his opinion the language needed to be clarified as it was not intended as read. Councilmember Skogquist stated this item was not on the agenda to discuss and should continue in executive session or be placed on the regular agenda. He said he would not engage in a back-and-forth discussion but noted Councilmember Weaver was on the Council in 2018 when he was sued and that he had concerns about the new lawsuit and general background and the lack of updates. Mayor Rice said the public information was appropriate to discuss but suggested entering into the closed session to clarify and counsel for direction. ADJOURNMENT Councilmember Skogquist made a motion to adjourn the Regular Council meeting and move into closed executive session pursuant to Minnesota Statute 13D.05, Subd 3(b) for attorney-client privilege matter related to litigation on challenge to ordinance amendment. Councilmember Barnett seconded the motion. December 6, 2021 (Regular) Page 17 of 17 Vote taken. All ayes. Motion carried. Time of adjournment: 10:05 p.m. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerk