Anoka City Council

June 6, 2022 (Regular) Page 1 of 16 REGULAR MEETING OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS JUNE 6, 2022 1. CALL TO ORDER Mayor Rice called the regular meeting of the City Council to order at 7:01 p.m., followed by the Pledge of Allegiance. 2. ROLL CALL Present at roll call: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp. Staff present: City Manager Greg Lee; Public Services Director Mark Anderson; Police Chief Eric Peterson; Assistant Finance Director Liz Douglas; Director of Community Development Doug Borglund; Assistant City Engineer Ben Nelson; Senior City Planner Clark Palmer; and City Attorney Scott Baumgartner. Absent at roll call: None. 3. COUNCIL MINUTES 3.1 May 2, 2022, Local Board of Appeals and Equalization May 9, 2022, Special Worksession. May 16, 2022, Executive Session and Regular Meeting. Councilmember Wesp noted a change was needed to the motioner of adjournment for the May 9, 2022, Special Worksession as he had left the meeting and the May 16, 2022, minutes should state that Councilmember Brad Johnson’s grandfather established the Anti-Crime Commission. Councilmember Weaver said he was absent from the May 2, 2022, meeting and would need to abstain. Motion by Councilmember Barnett, seconded by Councilmember Skogquist, to approve the May 2, Local Board of Appeals and Equalization as presented. Vote taken. All ayes, Councilmember Weaver abstained. Motion carried. Motion by Councilmember Wesp, seconded by Councilmember Skogquist, to approve the May 9, 2022, Special Worksession, and May 16, 2022, Executive Session and Regular Meeting minutes as corrected. Vote taken. All ayes. Motion carried. June 6, 2022 (Regular) Page 2 of 16 4. OPEN FORUM 4.1 Presentation; WIPFLi 2021 Annual Audit. Assistant Finance Director Liz Douglas said the 2021 financial statements were complete and have been reviewed by the auditors at WIPFLi LLP and were being presented to Council at this time. She stated the net position of the City increased by $9,282,865 or 5.6%. Lisa Desotelle, WIPFLi LLP, reviewed the audit reporting package, audit results, financial trends, new accounting standards, and other items. She stated there were no material weaknesses identified but that one significant deficiency was found with regard to under reporting federal grant money on larger projects but has been corrected and addressed with no repercussions. She said they encountered no difficulties with the accounting team and were presenting an unmodified or clean opinion on the financial statements, internal controls and compliance. Brian Kahl WIPFLi LLP, reviewed the City’s financial trends for general fund operating revenues and expenditures in detail since 2013, general fund unassigned fund balances since 2016, electric fund operating income and unrestricted net position, then summarized the City’s remaining enterprise funds. He outlined the City’s financial trends with government-wide future debt service’s principal and interest then spoke about GASB Statement No. 87 leases that replaces operating and capital lease categories with a single model and recognizes a lease liability and intangible asset. He noted all lease arrangements would need to be identified and addressed differently as part of the new regulation. He spoke about GASB Statement No. 95 that addresses postponement of effective dates of certain authoritative guidance of conduit debt obligations then recognized the City’s receipt of the GFOA certificate of achievement for excellence in financial report for the past 41 years as well as the award for outstanding achievement in popular annual financial reporting for the past six years then thanked the Finance Department staff for their excellent work in the audit. Councilmember Skogquist thanked the auditors and staff for their great work noting while the one finding was minimal it was good it was identified then asked if the finding had to do with Highway 10 funds or federal funding. Ms. Douglas explained the finding was from the Highway 10 project and needed to be claimed last year even though the funds had not yet been received. 4.2 Police Activity Update. Police Chief Eric Peterson shared about recent noise complaints from nVent located 2100 Hoffman Way. He explained their plant operation includes tools that function with a large compressed air system and that staffing shortages and shift changes had resulted in a build-up of air that vented outside and was loud. He said their plant manager was working on replacing a value and installing a June 6, 2022 (Regular) Page 3 of 16 muffler system to hopefully address the noise concerns. He spoke how May was the busiest month since 2019 and busiest first quarter ever, with 2,223 calls for service that was an increase of 7.2% in call load and that staff was reviewing the data to see if there was any particular crime that was causing this increase. Chief Peterson said they were currently working to replace one staff member and that with high school graduation and the last day of school had programs in place to help engage youth such as the Safety Fair, Cook Out with Cops and Night to Unite. He shared about the new bike patrol unit which staff hoped would create opportunities for more positive contact with the public then shared an update on the law enforcement/animal containment facility currently being constructed that included past facilities and progress on the new facility with completion in October. Chief Peterson shared about the many public and private donations received to date for this facility and thanked all who have donated. 4.3 Highway 10 Anoka Construction Update. Assistant City Engineer Ben Nelson shared an update on construction status that included the project’s hotline contact information then reviewed current and upcoming closures, temporary signals, and further communications regarding construction projects. Councilmember Weaver asked if the MTC bus detour had been relocated from Park Street and inquired about the John Ward Park neighborhood noise wall. Mr. Nelson confirmed the detour route was relocated to Highway 169 and was no longer posted and said the noise wall concern had been presented to MnDOT staff for review. OTHER INFORMATION UNDER OPEN FORUM None. 5. PUBLIC HEARING(S) 5.1 MS4 Stormwater Pollution Prevention Plan Annual Meeting. Mr. Nelson said as mandated by Congress under the Clean Water Act, the National Pollution Discharge Elimination System (NPDES) Stormwater Program is a comprehensive national program for addressing polluted stormwater runoff. The Minnesota Pollution Control Agency (MPCA) issues the NPDES permits for construction sites, industrial facilities, and Municipal Separate Storm Sewer Systems (MS4). As of March of 2003, the City began operating under its own stormwater discharge permit and in May of 2021, the City submitted for the reauthorization under the 2020 Small Municipal Separate Storm Sewer Systems (MS4) General Permit MNR040000 (MS4 General Permit) as administered by the MPCA. The 30-day required public notice comment period was from June 15, 2021 to July 15, 2021 and no comments were received. On August 9, 2021, in June 6, 2022 (Regular) Page 4 of 16 accordance with Minnesota Rule 7001.0140, the MPCA issued coverage under the MS4 General Permit to the City of Anoka MS4 (expiration date November 15, 2025). New requirements to the 2020 MS4 General Permit include annual assessment for all minimum Control Measures (MCM), special requirements for pet waste, additional specific staff training requirements, and TMDL’s (Total Maximum Daily Load) waste load allocation (WLA) reporting. Council should be aware the City does not have any applicable WLAs to make determinations on to reduce the loads which was the key new requirement to the permit. The City has 12 months from the date coverage to meet the new permit requirements. A public hearing notice was published on May 20, 2022 for this evening’s public hearing and was one of the requirements for the NPDES permit program to update City Council and provide an annual opportunity for the public to provide input on the City’s Storm Water Pollution Prevention Program (SWPPP). This plan establishes annual goals and objectives for the City in an effort to implement policies and procedures that will meet stormwater quality requirements of the permit. To comply with federal regulation, municipalities are required to have a SWPPP that focuses on ways the municipality will reduce the amount of sediment and pollution entering the surrounding water bodies and includes six minimum control measures aimed at reducing the amount of pollution entering water bodies. Mr. Nelson reviewed each control measure in then spoke about the 2021 MS4 accomplishments and tasks for 2022 and asked the Council to hold the required public hearing. Mayor Rice opened the public hearing at 7:40 p.m. Being no comments Mayor Rice closed the public hearing at 7:40 p.m. Councilmember Barnett said there appeared to be a significant amount of added workload as part of compliance and asked if the City should expect more review and requirements. Mr. Nelson said he was unsure of the amount of time required but included mostly educational materials and was less than other communities then noted Hakanson Anderson assists in these tasks and that the permit is good until 2025. Councilmember Barnett asked how the public can become involved and comment on the work. Mr. Nelson encouraged the public to contact the City and noted the Anoka Conservation District was working to fill a staff position to assist in public events throughout the County. Councilmember Skogquist said social media and website updates was another method that could be used for public education and referred to the adopt a drain program as one way to meet that requirement and get people involved. Mayor Rice suggested since other cities contract with engineering firms to assist with these requirements that we should consider a joint powers agreement to help June 6, 2022 (Regular) Page 5 of 16 avoid duplication of work. Mr. Nelson agreed, stating that was the purpose of the outreach coordinator for Anoka County. 6. CONSENT AGENDA Motion by Councilmember Barnett seconded by Councilmember Weaver, to approve Consent Agenda 6.1 through 6.10 as presented. Councilmember Skogquist asked if Item 6.8 should be postponed until the special event license is considered later in the agenda. City Attorney Scott Baumgartner said approval of the liquor license would be contingent upon approval of the special event license. Councilmember Weaver thanked Parks and Recreation Boardmember Zack Heuring for serving. 6.1 Approve Verified Bills. 6.2 Revising and Setting Council Calendars. 6.3 Issuance of a Massage Business License for Lotus Massage Therapy, 229 Jackson Street #130. 6.4 Issuance of a Massage Therapist License for Jessica Vogt of Lotus Massage Therapy, 229 Jackson Street #130. 6.5 Issuance of a Tree Care/Arborist License; The Davey Tree Expert Company. 6.6 Resignation from Parks and Recreation Board; Zack Heuring. 6.7 Recommended Approval of an LG220 Gambling Permit; Anoka Area Chamber of Commerce; Raffle at Green Haven Golf Course and Event Center, July 25, 2022. 6.8 Issuance of a Temporary On-Sale Liquor License; Alloy Brewing Company/Iceberg Web Design Event, July 14, 2022. 6.9 Issuance of a Temporary On-Sale Intoxicating Liquor License; Castle Field Association, July 3, 2022, Alumni Baseball Tournament. 6.10 Issuance of a Temporary On-Sale Intoxicating Liquor License; Castle Field Association, July 8-10, 2022, Gopher Classic Baseball Tournament. Vote taken. All ayes. Motion carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 7.1 Planning Items June 6, 2022 (Regular) Page 6 of 16 None. 8. PETITIONS, REQUESTS AND COMMUNICATION None. 9. ORDINANCES AND RESOLUTIONS 9.1 a. ORD/Amending City Charter; Section 2.02 Boards and Commission, Relating to Seasonal Workers Serving on Boards and Commissions. (2nd Reading) ORDINANCE City Manager Greg Lee said the Council requested the Charter Commission discuss whether or not employees (seasonal) should be allowed to serve on City boards or commissions and also to discuss whether or not Councilmembers should be allowed to serve on the Charter Commission. Currently there is a conflict between the Charter and the City’s Personnel Policy Manual relating to employees serving on boards and commissions that states no member of the Council or employees of the City shall be a member of any board or commission so established except as an ex officio member. Members of boards, commissions and committees, including the HRA, shall be appointed by a majority vote of the City Council. He said current policy language states that employees will have the opportunity to be considered for openings on City advisory boards and ad hoc committees within some parameters. He said at the Charter Commission met on April 20, 2022, and voted to recommend that the Charter be amended per the City Council’s suggestion to allow seasonal employees to serve on boards and commissions. He said first reading of this ordinance was held at the May 16 meeting and that a unanimous vote of the Council is required for a Charter amendment and if not adopted the City’s personnel policy would have to be amended. Councilmember Weaver shared an email from the City Manager that outlined difficulties in hiring seasonal staff even with the recent pay increase which if not addressed would begin to affect service levels and said he did not want to bar individuals currently serving on boards and commissions from seasonal employment as they were important to help keep the City looking nice. Councilmember Barnett said the Charter was very important and that making changes for a temporary condition is not always good but agreed the language needs to be updated and could not see what conflict would occur that would be significant enough that could not be addressed. Councilmember Weaver said the Charter Commission’s affirmative vote of 15-3 did not occur very often and that they were expecting the Council to approve the proposed amendment. June 6, 2022 (Regular) Page 7 of 16 Ed Evans, 1186 Benton Street, said he would like the public to know how each member of Council intended to vote on this amendment. Councilmember Wesp spoke about reasons for the current language which was created to address the potential of appointing people to boards and commissions that could ultimately change how the City operated but said individuals working seasonally for the City did not bear much weight for potential conflict then noted the United States Constitution has been amended which is important to be able to do when needed. Councilmember Skogquist said he would not be supporting this amendment then clarified the Commission’s vote was actually 11-4 with one affirmative vote being from the spouse of a seasonal employee and should have abstained. He said people can disagree and if that elected or appointed individuals should not be employees of the City and that while volunteering is fine should not be paid and provide direction to others. He said he understands the individuals affected are great and dedicated people but that we have to choose between being elected and appointed members or staff and that the Charter language should remain. Mayor Rice said he sees this as a conflict issue and because the amount of influence a temporary employee has on the Charter is small, he was not concerned about conflicts of interest. He spoke about his serve as Mayor and firefighter that was discussed a number of years ago for this same reason and how they concluded he could not influence much in his role as firefighter either and would support the amendment. Councilmember Weaver asked about the potential influence and conflict of a member of the Charter Commission being the stepfather of a seated Councilmember who will be voting on this amendment and if that was a conflict. He said the issue was about influencing a superior and that if allowed to vote could be considered hypocritical. Mr. Baumgartner discussed the differences between a legal conflict of interest and the appearance of impropriety and the difficulty that occurs when people work and volunteer in a community that ultimately can blend because they are involved in so many things and said he believed that voting on the amendment would be more of an appearance of impropriety and not a legal conflict. Councilmember Skogquist said his stepfather was appointed to the Charter Commission prior to becoming a Councilmember and that he had no part of that appointment and if that were the case, he would have to abstain from voting on all Charter Commission amendments. He stated Councilmember Weaver was also related to a seasonal employee who wished to serve on the Charter Commission and felt this was hypocritical as well. Borgie Bonthuis, 712 River Lane, said Councilmember Skogquist had met with Charter Commissioner Mike Clark and his spouse about this topic along with resident Mary Nelson who stated that if a majority of the Commission voted to amend the language that Councilmember Skogquist would support the amendment and asked him to stand by his statement. June 6, 2022 (Regular) Page 8 of 16 Councilmember Skogquist explained how he shared if an overwhelming majority voted for the amendment that he would support it but did not feel their vote was overwhelming and noted this topic has moved to be more about individual people and not about the Charter. Mr. Evans said his spouse was a Charter Commission member and that he has served on the Utility Board for over 40 years and has been vetted and approved to work at the ice rink. He said if this amendment does not pass it could mean that he would have to leave the Utility Board then spoke about the importance of having someone with knowledge continue on this Board. He said Commissioner Clark left the Chambers upset after an inaccurate statement and that if he had to choose between working at the ice rink and serving on the Utility Board he will be upset as well. Mr. Evans said he has never been accused of doing anything inappropriate and that allowing retired residents the opportunity to serve and work part-time or seasonally should be supported. Councilmember Wesp said this discussion was about people because most have deep roots deep in this community and that he was disappointed that people like Mr. Evans and Commissioner Clark should be allowed to serve and felt Councilmember Skogquist’s position was in retaliation to the outcome of the elected officials’ amendment. Angela Eaton, 436 Oakwood Drive, thanked the Council for her appointment to the Charter Commission and said if Commissioner Clark’s vote and Councilmember Skogquist’s stepfather’s vote was omitted the vote of 10-3 was still a majority and asked what it would take to implement a change. She shared her disappointment and asked why be on the Charter Commission and volunteer time to recommend amendments when nothing changed. Mayor Rice said the City has many advisory groups but that Charter amendments requires a unanimous vote of the Council then noted not all board and commission recommendations are supported. Councilmember Barnett asked if there were any other options that could include the two individuals that would be affected by the amendment to be grandfathered in. Mr. Baumgartner said outside of identifying them as independent contractors if the amendment is not adopted the individuals could not be grandfathered in. Mayor Rice said the concern is about making high quality people who are willing to volunteer hours and serve as employees choose which is unfortunate. Ms. Bonthuis asked Councilmember Skogquist what an overwhelming majority would be because even if the two potential conflicted votes were removed the vote was still 10-3 and said the Commission was led to believe the majority would rule and shared her disappointment. Councilmember Skogquist said his comment regarding a majority was made during a worksession but felt the Commission’s vote was not an overwhelming majority and said June 6, 2022 (Regular) Page 9 of 16 while he appreciated all who help this community, he and felt the Charter language should remain. Motion by Councilmember Weaver seconded by Councilmember Wesp, to hold second reading and adopt an ordinance amending the Anoka City Charter, Section 2.02, Boards and Commissions. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Weaver and Wesp voted in favor. Councilmember Skogquist voted nay. Motion failed. b. ORD/Amending City Charter; Section 2.02 Boards and Commission, Relating to Councilmembers Serving on the City Charter Commission. (2nd Reading) ORDINANCE Mr. Lee said at the March 28, 2022, worksession, City Council discussed this topic and consensus of the Council was that Councilmembers should not be allowed to serve on the Charter Commission. The City Council requested this be reviewed by the Charter Commission which was discussed at their April 20, 2022, meeting. He said at that meeting the Charter Commission voted to recommend the amendment to the City Charter to not allow City Councilmembers to serve on the Charter Commission. He said first reading of this ordinance was held at the May 16 meeting. Motion by Councilmember Barnett seconded by Councilmember Weaver, to hold second reading and adopt an ordinance amending the Anoka City Charter, Section 2.02, Boards and Commissions. Councilmember Skogquist said he supported this amendment because all understood it to be this way already then inquired about the effective date of the amendment listed as 90 days after adoption and that Item 9.2a should be changed to seven days after adoption. Mr. Baumgartner confirmed Charter amendments require 90 days publication per Statute. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 9.2 a. ORD/Amending Chapter 2, Article IV, Division 3; Human Rights Commission. (1st Reading) Mr. Lee shared a background report stating at their meeting on March 30, 2022, the Human Rights Commission (HRC) met and reviewed and discussed their Mission, Vision, Goals, Bylaws, Brochure and the City Code section on the Human Rights Commission. The HRC members attended the City Council May worksession and discussed their proposed changes to the documents and shared their mission/vision and goals and responsibilities which included creation of online, downloadable and accessible resource materials for the City of Anoka. He said the HRC felt it was important to revise June 6, 2022 (Regular) Page 10 of 16 the Code as to how the HRC would perform in their capacity then spoke of how they did not feel that as a City commission they have the knowledge, education, expertise or ability to investigate claims and that there already exits State and Federal Agencies that perform those duties and should instead act as a resource and conduit between residents and these established agencies. With those thoughts in mind, the HRC would like to see the duties section of the City Code amended and that members spoke about the importance of the HRC focusing on what they specifically can do to assist all of our residents, while acknowledging that they are an advisory board to the City Council and are to perform duties that align with the goals, expectations and parameters as set by the City Council. After the discussion with the City Council, staff contacted the HRC Chairperson to see if there were changes being recommended based on discussion with the City Council and no changes were forwarded and that staff recommended first reading. Councilmember Weaver thanked Chair Taha for the proposed mission statement and goals and for being a great leader and working so hard for the City and people of color. Motion by Councilmember Weaver seconded by Councilmember Barnett, to hold first reading of an ordinance amending Chapter 2, Article VI, Division 3, Human Rights Commission. Councilmember Skogquist asked about the process if adopted as this currently will be a ballot question about whether the Human Rights Commission remains. Mr. Baumgartner explained the petition was to reverse the decision to remove the HRC from the City and while that amendment is currently postponed until after the election the HRC wished to continue their work and presented a different set of goals and mission which is more in line with what the Council wanted which resulted in the discussion to retain the HRC for Anoka. Mayor Rice said he felt this was an appropriate action because while we wait for a decision on the future of the HRC a meeting will occur with the HRC and petitioners and if all can be in agreement then the question can be removed from the ballot, but if not then it will continue to be included. He noted if repealed any further action cannot be done for five years. Councilmember Weaver said this action was a gamble because if the question goes to the ballot the HRC could ultimately be voted out. Mr. Baumgartner if the Council decides to reestablish the HRC then there is no need for a ballot question. Councilmember Skogquist said he will support this amendment with the understanding that this is a compromise but could change his support vote later depending on the outcome of the meeting with the HRC and petitioners but felt they were moving in the direction. Councilmember Barnett asked what issues Councilmember Skogquist may have that could change his mind. Councilmember Skogquist said the HRC is important to the City June 6, 2022 (Regular) Page 11 of 16 and that he did not want to restrict them too much if reinstated but was willing to hear about their discussion and if not successful would support letting the voters decide. Councilmember Barnett suggested providing an opportunity to discuss this further prior to second reading. Mr. Lee suggested second reading be held on June 21 and that staff could record the next HRC meeting with the petitioners to share with the Council so they are aware of the dialogue and outcome prior to second reading. Mr. Baumgartner suggested emailing any concerns that arise after reviewing the recording to the City Manager to better facilitate a discussion prior to second reading. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 9.2 b. ORD/Ordinance Repealing ORD-2021-1738; Reversing the Decision to Eliminate the Human Rights Section of the City Code and Decommissioning the Human Rights Commission as a City Commission. (1st Reading) Mr. Lee shared a background report stating at the May worksession, the Council met with the Human Rights Commission and discussed their proposed Mission, Vision, Duties, etc. At the worksession, the Council provided direction to staff to draft an ordinance that repeals ordinance ORD-2021-1738, which was adopted in 2021 and was intended to repeal Chapter 2, Article VI, Section 3, Human Rights Commission of the City Code, and to decommission the Human Rights Commission from being a City Commission. Subsequently after the passage of ORD-2021-1738, the City received a referendum petition proposing the repeal of an ordinance to amend Chapter 2 of Anoka City Code, Repealing Article VI, Division 3 Human Rights Commission a copy of which ordinance. After further review and consultation with the Human Rights Commission members, the City’s position has changed. The ordinance repeals the previous ordinance ORD-2021- 1738, retains Chapter 2, Article VI, Section 3 Human Rights Commission of the City Code and retains the Human Rights Commission as a City Commission, an advisory board to the City Council. Mr. Baumgartner said he would likely recommend changes to the proposed ordinance prior to second reading as he was not comfortable with the nullified language as this amendment was from the petitioners and cannot be nullified. Councilmember Wesp said the Council was not pleased with the direction of the HRC at the time and voted to remove it but that since that vote their leadership and direction has changed and that pending the upcoming discussion with the petitioners will support this action now but may change his mind depending on that outcome and thanked all who have worked on this process. Motion by Councilmember Wesp seconded by Councilmember Barnett, to hold first reading of an ordinance Reversing the Decision to Eliminate the Human Rights Section June 6, 2022 (Regular) Page 12 of 16 of the City Code and Decommissioning the Human Rights Commission as a City Commission. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 9.3 RES/Awarding the Sale of General Obligation Capital Improvement Plan Bond Series 2022A in the Original Aggregate Principal Amount of $4,000,000 for the Law Enforcement Training Center/Animal Containment Facility. RESOLUTION Ms. Douglas shared a background report stating on May 3, 2021, the City held a public hearing regarding a five-year capital improvement plan for the years 2021-2025 and the issuance of bonds to finance the planned capital improvements. Thirty days following the hearing there were no petitions for a referendum on the issuance of the bonds. On July 19, 2021, the Council approved an ordinance to issue general obligation capital improvement bonds not to exceed $10,000,000. On August 16, 2021, the Council awarded $6,000,000 in Series 2021A GO CIP Bonds. At this time staff is recommending the Council consider awarding the sale of $4,000,000 in general obligation capital improvement bonds, Series 2022A for the Law Enforcement Training Center/Animal Containment Facility in the amount of $4,000,000 to pay for the Law Enforcement Training Center/Animal Containment Facility. Stacy Kvilvang, Ehlers and Associates, shared the bid results for 2022A premium bid which was reduced to $3,850,000. She affirmed the City’s AA+ bond rating and said the sale held earlier in the day for 20-year term resulted in five bids with FHN Capital Markets being the successful bidder at 3.3178%. Councilmember Weaver asked about the difference in interest rates on this bond and the next agenda item. Ms. Kvilvang explained the sales happened at different times with different bidders and that market dictated the rates. Councilmember Barnett asked about the difference in bond amounts. Ms. Kvilvang said the premium bid bond buyer paid the City more than the par amount which results in reduction of the bond amount. Motion by Councilmember Skogquist seconded by Councilmember Wesp, to adopt a resolution awarding the sale of General Obligation Capital Improvement Plan Bonds, Series 2022A in the Original Aggregate Principal Amount of $3,850,000; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing for Their Payment (Law Enforcement Training Center/Animal Containment Facility). Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. June 6, 2022 (Regular) Page 13 of 16 9.4 RES/Awarding the Sale of General Obligation Capital Improvement Plan Bond Series 2022B in the Original Aggregate Principal Amount of $6,000,000 for the Water Treatment Facility Project Supporting Wells 6 and 8. RESOLUTION Ms. Douglas shared a background report stating on February 7, 2022, City Council adopted a resolution to accept bid and award bid to expand Anoka Water Treatment Plant 6 & 8. They awarded a construction contract to Municipal Builders Inc. in the amount of $5,130,000, including the bid alternate of $10,000. She outlined the base bid and alternates for the new Golf Maintenance Facility which totaled $5,970,000 and said on February 22, 2022, Council adopted a resolution to reimburse itself using the proceeds of tax-exempt obligation bonds issued by the City. On May 2, 2022, second reading for the ordinance authorizing the sale of bonds was held and at this time staff is recommending that Council consider the resolution awarding the sale of $6,000,000 in General Obligation Water Revenue Bonds, Series 2022B to finance the expansion of the Anoka Water Treatment Plant for Wells 6 and 8. Ms. Kvilvang outlined the five bids received earlier today for the 2022B bonds that resulted in a recommended award to Baird for an interest rate of 3.29%. Motion by Councilmember Skogquist seconded by Councilmember Weaver, to adopt a resolution Awarding the Sale of General Obligation Water Revenue Bonds, Series 2022B, in the Original Aggregate Principal Amount Of $6,000,000; Fixing Their Form and Specifications; Directing Their Execution and Delivery; and Providing For Their Payment (Water Treatment Facility Project Supporting Wells 6 and 8). Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 9.5 RES/Joint Powers Agreement with the City of Andover; Sewer and Water Utilities Service to 4151 141st Avenue NW. RESOLUTION Community Development Director Borglund shared a background report stating City of Anoka and City of Andover staff, along with Glenn Sonsteby, owner of the subject property known as 4151 141st Avenue NW located in City of Andover, have been in discussions regarding utility service to Mr. Sonsteby’s property. Due to the property’s location, it is much more economically feasible to serve the subject property with sanitary sewer and water services from Anoka rather than from Andover. The City of Anoka would provide sanitary sewer and water utility services, which is necessary and appropriate and will be of a benefit to the property owner and both communities. The cost of connecting to the City of Anoka sanitary sewer and water service shall be paid for in full by the property owner to serve one single-family home only. June 6, 2022 (Regular) Page 14 of 16 Councilmember Weaver asked what the zoning of this property was in Andover and if the joint powers agreement ensured no other use of this property could occur outside of single-family. Mr. Borglund said the agreement was written that utilities and sizing would be for a single-family home and that Anoka would control the access which would ensure that as well, stating any development with no access could only serve a single- family home. Councilmember Weaver asked if there would be any access onto Bunker Lake Boulevard. Mr. Borglund explained the existing access and conditions and said that decision would be between Andover and Anoka County Highway Department. Councilmember Skogquist about the cost to the City and if this include WAC/SAC. Mr. Borglund said the application would pay WAC/SAC and maintenance of the service would be private from the trunk to the single-family home and that utilities were already in the street and maintenance and all construction costs would be the responsibility of Mr. Sonsteby. Mayor Rice confirmed the current system was a private well and mound system. Councilmember Skogquist asked if staff was aware of any other sharing possibilities. Public Services Director Mark Anderson said there were other possibilities int eh South Street area but that 9th Avenue and Queens Lane was converted when Coon Rapids completed their project. Motion by Councilmember Barnett seconded by Councilmember Wesp, to adopt a resolution approving the Joint Powers Agreement by and between the Cities of Anoka and Andover for Sanitary Sewer and Water Utilities serving the property known as 4151 141st Avenue NW located in the City of Andover. Upon a roll call vote: Mayor Rice, Councilmembers Barnett, Skogquist, Weaver and Wesp voted in favor. Motion carried. 10. UNFINISHED BUSINESS None. 11. NEW BUSINESS 11.1 New Special Event Permit; Iceberg Summer Meltdown, July 14, 2022. Mr. Lee said Jessi Gurr and Hattie McCoy of Iceberg Web Design, 203 Jackson Street have completed and submitted a Special Event Permit application to host Iceberg Summer Meltdown on July 14, 2022, from 4 p.m. – 8 p.m. at Area A-2 in the parking lot to the east of Anoka City Hall. The free event is planned to be an annual event for customer appreciation – a meet and greet that will be open to the community to network with business owners and others. There will be live music, June 6, 2022 (Regular) Page 15 of 16 a magician, face painting and a corn hole bags game. There will be three food trucks and beer sales sold through Alloy Brewing Company. Set up will begin at 2:30 p.m. (the parking lot will be posted for closure on Tuesday, July 12 and closed all day on July 14 and three tents with tables and chairs will be placed. Iceberg invited their current customers who will receive tickets for complimentary food and beverages. No proceeds will be earned at this event; therefore, a non- profit beneficiary is not named. The expected attendance is approximately 500 people. City staff, including Administration, Electric, Public Safety and Public Services have met with the organizers and discussed all the details and know of what City services are needed and recommends the City Council approve this event. Jessi Gurr and Hattie McCoy, Iceberg Web Design shared more about their customer appreciation event that would be family friendly and give back to the community and thanked their sponsors. Councilmember Skogquist spoke about the recent 80/20 profit amendment to the special event ordinance and if a main event license holder did not make a profit but other vendors under that license holder do should that profit still be given back to the City. Mr. Lee said the City would just charge a permit fee and not be involved in any other potential profit, adding in this case we are just leasing out the space. Mayor Rice noted the food truck event is exactly that as there is no profit for the main special event license holder but the other food trucks do make a profit. Ms. Gurr noted that Alloy Brewing is limited in the number of barrels of beer they can sell and that they were working with a local brewer as required by the State. Councilmember Weaver made a motion to approve the Special Event Permit; Iceberg Summer Meltdown, July 14, 2022. Councilmember Wesp seconded the motion. Councilmember Barnett asked staff to review the question regarding nonprofit events prior to the food truck event. Vote taken. All ayes. Motion carried. 12. UPDATES AND REPORTS 12.1 Legislative Updates. Mr. Lee said this agenda item allowed for the opportunity to discuss any bills of significance or direction from the Council during the legislative session then shared the social district bill had been approved then shared that on May 20, 2022, June 6, 2022 (Regular) Page 16 of 16 the Minnesota Legislature approved an Omnibus Liquor Bill which included the establishment of a Social District in the City of Anoka. He said staff will be adding this item to a future worksession for further discussion and assured Council that this district would result in a positive and safe environment. 12.2 Tentative Agenda(s). The Council reviewed the tentative agendas of the upcoming Council meetings. 12.3 Staff and Council Input. Councilmember Wesp stated he recently shared information with a resident after a closed session on May 9 regarding the restaurant pad site that should not have been disclosed and that while ultimately all parties were informed of the same information, he notified the City Manager and City Attorney to ensure transparency. Councilmember Weaver asked when applications will be available for Park Board vacancy. Mr. Lee explained that all vacancies are continually posted throughout the year and that staff expects to see applications soon. Mr. Lee suggested that due to the light agenda that Council consider cancelling the July 5 regular City Council meeting then confirmed that all members will be in attendance at the rescheduled June 21 meeting due to the holiday as there were second readings scheduled that required unanimous votes. Council consensus was to cancel the July 5 meeting. ADJOURNMENT Councilmember Wesp made a motion to adjourn the Regular Council meeting. Councilmember Barnett seconded the motion. Vote taken. All ayes. Motion carried. Time of adjournment: 9:22 p.m. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerk