Anoka City Council

April 17, 2023 (Regular) Page 1 of 16 REGULAR MEETING OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS APRIL 17, 2023 1. CALL TO ORDER Mayor Rice called the regular meeting of the City Council to order at 7:00 p.m., followed by the Pledge of Allegiance. 2. ROLL CALL Present at roll call: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp. Staff present: City Manager Greg Lee; Public Services Director Mark Anderson; Police Chief Eric Peterson; Community Development Director Doug Borglund; Finance Director Brenda Springer; Assistant City Engineer Ben Nelson; Communications and Recycling Manager Pam Bowman; Tessa Saloka, Natural Resources Technician; City Attorney Scott Baumgartner; Electric Utility Director Del Vancura. Absent at roll call: None. 3. COUNCIL MINUTES 3.1 March 27, 2023, Worksession. April 3, 2023, Special Worksession. April 3, 2023, Regular Meeting. Councilmember Scott requested correction to roll call from Councilmember Barnett to Councilmember Scott for the March 27, 2023, Worksession. Councilmember Skogquist noted a correction to the March 27 minutes on page 15, second paragraph, removing the reference to the G-Will lot in Nowthen and the April 3 minutes, page 8, removing elementary from the Oxbow reference. Motion by Councilmember Skogquist, seconded by Councilmember Wesp, to approve the March 27, 2023, Worksession, the April 3, 2023, Special Worksession and April 3, 2023, Regular Meeting as corrected. Vote taken. All ayes. Motion carried. 4. OPEN FORUM 4.1 Police Activity Update. April 17, 2023 (Regular) Page 2 of 16 Police Chief Eric Peterson shared an update on the river levels and work the City is doing to address potential flooding. He said Mississippi River levels were approximately 13 feet then shared benchmarks used at various stages that include closing trails, docks, boat launches, and other areas. He said expected levels of 14.6 feet and 10.5 feet for the Rum River then shared more about how emergency management, fire and public works were closely monitoring and ready to respond accordingly. Councilmember Weaver spoke about watercraft restrictions and said people were continually ignoring the closed area signs towards the water’s edge. Chief Peterson encourage the public to stay away from the rivers and that restrictions referred to no wake zones and noted areas are already under water and that staff was working on other ways to deter people in these areas. Mayor Rice added boats should stay away as well, adding there will not be much time to recover if something happens and encouraged people not to ignore signage. Chief Peterson shared about the upcoming Anti-Crime Commission meeting which will include data on crime trends that resulted in 23,000 calls for service in 2022 with the most serious crimes trending down to a five-year low but the more serious crimes trending upward such as auto thefts and assaults. He said this was partly due to increased reporting and proactive work through enforcement and education. He spoke about recent line of duty deaths that occurred in Minnesota with the loss of Deputy Josh Owen, Officer Emily Breidenbach and Officer Hunter Scheel. He shared how Anoka officers supported these departments throughout and reassured Council and residents that Anoka remained committed to serve each and every shift, adding daily support is the number one reason they remain true to the calling to protect and serve. Councilmember Skogquist asked about current onboarding efforts as a result of upcoming retirements and changes. Chief Peterson shared the CSO unit was going well and shared how proud he was to share at a recent conference that their department was fully staffed because of how great Anoka was as a community. Mayor Rice said he was proud that the Anoka Police Department was so well known and thanked Chief Peterson for his work. Councilmember Wesp asked about retiring Captain Justin Anderson’s history and background. Chief Peterson said Captain Anderson was retiring April 27 then shared his work which started as a CSO in 1990. He said he was very humble and always had an extremely great work ethic and thanked him for his service. Councilmember Wesp shared comments about Captain Anderson’s work and thanked him for his service to the City. April 17, 2023 (Regular) Page 3 of 16 4.2 Highway 10 Anoka Construction Update. Assistant City Engineer Ben Nelson shared an update regarding Highway 10 construction. 4.2 Proclamation; National Lineworker Day, April 18, 2023. Electric Utility Director Del Vancura said on April 10, 2013, the 113th Congress adopted senate resolution 95 recognizing linemen, the profession of linemen, and the contributions these brave men and women make to protect public safety. He requested support for the designation of April 18 as National Lineman Appreciation Day then introduced all members of the team that totaled 148 years of service to the City. Councilmember Skogquist thanked everyone for their work, recognizing what a difficult and dangerous job they all do. Mayor Rice read the proclamation into the record. 4.3 Proclamation; Tree City USA and Arbor Day, April 28, 2023. Natural Resources Technician Tessa Saloka said the proclamation recognized the achievement of the Tree City USA Award from the National Arbor Day Foundation for the 42nd consecutive year and the importance of Arbor Day. She shared how communities achieve Tree City USA status by meeting four core standards of sound urban forestry management that included maintaining a tree board, having a community tree ordinance, spending at least $2 per capita on urban forestry and celebrating Arbor Day. She stated for 2023, the City of Anoka will be celebrating Arbor Day on May 6, 2023 through a community tree planting in neighborhoods around George Enloe Park and said not many cities have this long-standing recognition. She shared photos of past events and thanked the Council for their support. Councilmember Skogquist thanked Ms. Saloka for identifying DNR funds to help replace trees affected by Emerald Ash borer and encouraged the public to participate in the Arbor Day event. Mayor Rice read the proclamation into the record. OTHER INFORMATION UNDER OPEN FORUM Shawna Hoffman, 2618 Cutters Grove Avenue, said she was a 10-year resident who loves Anoka then shared concerns about Woodland Park apartments regarding rust, mold, missing siding, dog feces, unsafe balconies, garbage, and other concerns. She spoke about the park being unsafe, dogs off leash, domestic April 17, 2023 (Regular) Page 4 of 16 disputes, illegal drugs, etc. and the lack of response by management and asked for assistance with these concerns. Councilmember Wesp requested as Chair of the Anoka-Champlin Fire Board to have staff arrange for an inspection regarding potential fire safety concerns. Community Development Director Doug Borglund stated all rental units are licensed and must follow the City’s property maintenance program through inspections and will review records from this site and work to address. Councilmember Weaver asked how staff can follow up now since a complaint has been received. Mr. Lee said staff will work with the Fire Department and report back with appropriate action. Ms. Hoffman shared an administrative notice she received from City staffmember Keith regarding a City code violation then stated she was served a notice to vacate her apartment in two weeks due to a tenant complaint involving animal feces outside the building and interior surfaces and shared concerns regarding retaliation for reporting code violations. Lisa Moore, 2614 Cutters Grove Avenue, #202, shared similar concerns including rotten meat left behind a fire door, no visible staff onsite, doors being propped open and being threatened and not safe. Ms. Hoffman said she contacted the COPPS unit who shared their frustrations with management and how she has been working with Dominion Management and Senator Abeler to address the concerns. Mayor Rice said the tenants were doing the right thing by reporting these concerns and that the City has worked hard to correct the history such as through rental license programs. City Attorney Scott Baumgartner spoke about the shared administrative notice and how complainants cannot be revealed then spoke about the notice of lease infraction by Ms. Hoffman resulting in disorderly conduct for moving dog feces to the front of the management office then said he would share contact information tenant advocacy groups for potential options. Lisa Moore said she had emailed the City’s inspector who reviewed the property and said that complaints should be directed to management. Mr. Borglund spoke about work the Fire Department does in inspections regarding common areas, exiting, sprinkler systems, doors, smoke and carbon dioxide detectors. April 17, 2023 (Regular) Page 5 of 16 Ms. Hoffman shared her sprinkler system had broken which resulted in flooding in her apartment and five other units and how she had to leave during repairs with no temporary housing offered. She said the stress resulted in her losing her job and had concerns about this occurring again. She said she requested an inspection report from the City which did not match what management gave her then stated police and fire personnel could not access the building when needed and felt they should have access. Chief Peterson shared how he will follow up for response and spoke about the need for emergency personnel to have access and keys and how they work to gain compliance. Ms. Hoffman shared there have been several managers over past few years and thanked the Council for hearing their concerns. 5. PUBLIC HEARING(S) None. 6. CONSENT AGENDA Motion by Councilmember Weaver, seconded by Councilmember Scott, to approve Consent Agenda Items 6.1 through 6.8 as presented. Councilmember Weaver acknowledged Mr. Campbell and Mr. Schoeberl for their work and wished them the best and asked when applications will be open. Mr. Lee said applications are available and that staff will continue to advertise for these vacancies. 6.1 Approve Verified Bills. 6.2 Revising and Setting Council Calendars. 6.3 U.S. Highway 10/169 Improvement Project; Approve Change Orders Number 35 and 36. 6.4 Resignation from Colin Campbell from the Planning Commission. 6.5 Issuance of a Tree Care/Arborist License; Best Outdoor Services, B.O.S. Corporation. 6.6 Issuance of a Tree Care/Arborist License; Rivard Companies, Inc. 6.7 Issuance of a Massage Therapist License for Brook Gahm of Anoka Massage and Pain Therapy, 710 East River Road. 6.8 Resignation from Andrew Schoeberl of the Human Rights Commission. Vote taken. All ayes. Motion carried. April 17, 2023 (Regular) Page 6 of 16 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 7.1 Park Items: 7.1.A. General Forestry Update. Ms. Saloka shared the City has received two grants for managing public ash trees with Emerald Ash Borer (EAB) from the Department of Natural Resources (DNR) totaling $250,000. The City is required to match the grants at 25%, totaling $90,795. The total project funding is $340,795. There have been 344 Ash trees removed to date for $211,925, which includes stump grinding. There were 136 trees replanted in 2022. The gravel bed built at Forest Hill Cemetery was a success and held 68 trees from April-September 2022. Staff will be stocking the gravel bed on Arbor Day, April 28, 2023. Last summer 186 ash trees were selected for an insecticide injection treatment with Rainbow TreeCare. The City also entered into a contract with Rainbow TreeCare for a bulk discount rate for City of Anoka residents to treat private ash trees. In the summer of 2022, 89 private trees were treated by residents with the bulk discount rate agreement. Staff is still responding to calls from residents regarding trees that appear to be diseased, damaged, or dying, as well as managing the city’s public trees. Staff is also seeing many issues stemming from drought stress and are trying to encourage residents to water their trees throughout the summer, especially young trees. There were quite a few calls concerning Oak Wilt towards the end of last summer. Staff is also seeing issues with two-lined chestnut borer and armillaria root rot with the Oak trees. Girdling roots continue to be an issue for many trees. There was direction from Council to look into tree sale options for residents to help replace ash trees removed from private property. Tree Trust is a local non-profit that assists municipalities with setting up and conducting tree sales. Funding for a tree sale has been added to the budget for 2024. The tree sale would not be revenue generating, but there would be investment into the value of properties and the environment. There is a company that will assist with native plant sales, Minnesota Native Landscapes. There are options for plant trays consisting of a mix of 36 native plants and native seed mixes. This can be revenue generating for the City. Staff is working towards having a native plant sale this year, towards the end of the summer. She shared plans for tree removal going forward in conjunction with grants and replacements, common issues with non-ash trees, and other aspects of correct tree planting and care and sharing with the community then spoke more about tree and native plant sales. Councilmember Skogquist thanked Ms. Saloka for her energy in this role and work to stretch things further and said he liked the idea for a gravel bed and not having to spend lots of money at a nursery for trees and how we can leverage community resources will be great. He said while it will be up to the Council to include in the budget these are invaluable to reforest areas. He asked about street renewal areas and how some residents do great maintain new trees while others April 17, 2023 (Regular) Page 7 of 16 may not. Ms. Saloka said skilled staffing is an issue and will work to train all public services employees on how to trim trees, especially the first five years. Councilmember Weaver asked if all the ash tree stumps will be ground and if the Emerald Ash borer get into the stump and continue to spread. Ms. Saloka said grinding will occur sometime this spring then shared the borer only affects the tree canopy and there were no concerns with stumps. She said work will be done to fill the areas with dirt to ground level with seed and will encourage residents to water the boulevard to encourage tree growth. Councilmember Weaver asked about dead trees by Greenhaven Parkway. Mr. Nelson said the tree conditions have been shared with the contractor and will be addressed, adding care is by the contractor for one year and the property owner after that. 7.2 Planning Items: 7.2.A. RES/American Senior Cooperative Golf Net Declaration of Encroachment Agreement. RESOLUTION Mr. Borglund shared that Gramercy Development (TAC JV I), assisting the 87- unit American Senior Cooperative (Owner), is seeking approval of an encroachment agreement to allow the construction of a protective net on the west and north sides of the existing to protect the building from damage and safety of residents from being hit by golf balls. He said the poles are located along the 17th and 18th fairway encroaching 10 feet outward from the property line on the golf course property and will not impact the existing golf course irrigation system and will support the net 50 feet above grade. He said netting will be installed to be approximately two feet above grade for maintenance and the poles will be approximately placed 50 feet apart and installation will require a building permit and appropriate structural engineer for safety. He added the pole and net will be permanent infrastructure and be in place year-round and will be at no cost to the City with regard to maintenance or long-term repair as it will all be the responsibility of the applicant. Mick Conlin, Gramercy, thanked staff for their work and assistance with the needed permissions from Animal and Wildlife regarding impacts to birds and turtles. He said they originally thought there would not be impacts along Holes 17 and 18 and did not want to add costs to residents but over time realized they do and wanted the residents to utilize all outdoor facilities while still being part of golf course. He added all units were full and they had a wait list and thanked Council for their consideration. April 17, 2023 (Regular) Page 8 of 16 Councilmember Skogquist confirmed the poles would be on City property and inquired about increased maintenance with mowing. Mr. Borglund said golf course staff are aware of the maintenance and are working with Gramercy to be part of American’s ground maintenance. Mr. Conlin said they worked to relocate sprinkler heads south of netting to lessen degrading and raised the nets two feet off the ground for easier mowing which will be done by golf course staff but should be easy to do. Councilmember Skogquist asked about wear and tear and if the agreement discusses need for netting or pole replacement. Mr. Baumgartner noted the agreement includes the City being able to address concerns with the owner to reimburse costs if needed should they not maintain or replace in a timely manner. Mr. Conlin added there is a fund in place for drawing on if needed. Motion by Councilmember Skogquist, seconded by Councilmember Weaver, to adopt a resolution for American Senior Cooperative golf net declaration of encroachment agreement contingent to any non-substantive changes as outlined by City Attorney. Mr. Baumgartner noted the resolution is missing some language regarding reference to the owner and easement and requested the motion include the ability to make some minor modifications as necessary. Councilmembers Skogquist and Weaver agreed to the friendly amendment. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 8. PETITIONS, REQUESTS AND COMMUNICATION None. 9. ORDINANCES AND RESOLUTIONS 9.1 ORD/Amending Chapter 6, Article II, Onsale Intoxicating Liquor and Wine Licenses; Relating to the Municipal Authority to Issue Wine Licenses to a Baseball Team. ORDINANCE Mr. Lee shared a background report stating this item was second reading of an ordinance to amend City Code Chapter 6, Article II, onsale intoxicating liquor and wine licenses. The amendment was presented to reflect what the current State law was regarding the issuance of this new type of license, Annual On-Sale Wine License for Baseball Teams/Owners, for the sale alcoholic beverages at a baseball April 17, 2023 (Regular) Page 9 of 16 field. Staff was pursuing this amendment at the request of Castle Field Association but staff learned that this new type of license can be issued only to the owner of a summer collegiate league baseball team or baseball team competing in a league established by the Minnesota Baseball Association or to a person holding a concessions or management contract with the owner (of the baseball team), for alcoholic beverage sales at a ballpark or stadium located within the municipality. Castle Field Association does not meet these requirements and would not be eligible for this new type of license. However, there have been other changes to the liquor laws that have expanded how many days in a year an organization can hold a temporary liquor license (increasing it from 12 days per year to 24 days per year), and they have eliminated the requirement that there be 30 days between the events. This will provide Castle Field the ability to sell at more games and more days within a one-year period. In the past, Castle Field Association has been able to sell strong beer, through the issuance of temporary liquor licenses and that process will continue. Because of the discovery that Castle Field Association does not qualify for the new type of license, staff and the City Attorney recommends the Council not move forward with the proposed code amendment. Mr. Baumgartner recommended a motion to deny the amendment would be most appropriate, adding the City can revisit this if Anoka gets a town team, adding if adopted as presented there could be unintended consequences. Mr. Lee agreed, stating adoption could place ball teams possibly at odds with the Castle Field Association and it would be best that Council did not adopt the ordinance. Motion by Councilmember Wesp, seconded by Councilmember Skogquist, to deny second reading and adoption of an ordinance amending Chapter 6, Article II, onsale intoxicating liquor and wine license. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.2 ORD/Amending Chapter 6, Article II, Onsale 3.2 Percent Malt Liquor; Relating to the Municipal Authority to Issue Wine Licenses to a Baseball Team. ORDINANCE Motion by Councilmember Wesp, seconded by Councilmember Skogquist, to deny second reading and adoption of an ordinance amending Chapter 6, Article III, onsale 3.2 malt liquor licenses. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.3 RES/Providing for the Sale of $6,335,000 General Obligation Bonds, Series 2023A. April 17, 2023 (Regular) Page 10 of 16 Finance Director Brenda Springer shared a background report stating City Council has determined that it is necessary to issue the City’s $6,335,000 General Obligation Capital Improvement and Utility Revenue bonds, Series 2023A to fund the 2023 and 2024 street reconstruction projects. The City has retained Ehlers & Associates as its independent municipal advisor for the bonds and at the City Council meeting on May 15, 2023, Council will consider proposals and award the sale of the bonds. Motion by Councilmember Skogquist, seconded by Councilmember Scott, to adopt a resolution providing for the issuance and sale of general obligation improvement and utility revenue bonds, Series 2023A in the proposed aggregate principal amount of $6,335,000. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.4 RES/2023 Street Renewal Project – Franklin Area Phase I; Approve Bids and Award a Construction Contract. Mr. Nelson shared a background report stating on March 20, 2023, City Council approved the plans and specifications and set the bid date for the 2023 Street Renewal Project – Franklin Area Phase I. The Street Renewal Program involves the complete reconstruction of the streets, including the replacement of the concrete curb and gutters, bituminous pavement, sidewalks, street lights, driveways and concrete aprons, sanitary sewer mains, watermain, service laterals, storm sewer, and boulevard restoration. The streets that will be included in the 2023 Street Renewal Project – Franklin Area Phase I were shared and include Calhoun Street State Avenue to Branch Avenue Clay Street State Avenue to Branch Avenue State Avenue West Main Street to Highway 10 Wingfield Avenue West Main Street to Highway 10. Six bids were received ranging from $3 million to $4.1 million and staff recommends Council award the bid of $3,010,836.17 to Kuechle Underground, Inc. He shared the proposed construction schedule that would include $105,000 towards the signal costs with the remaining funds coming from the general obligation bond that will also cover inflation costs. Councilmember Weaver asked if Webster Street would be included in this project as well. Mr. Nelson said staff will pothole repair Webster Street but it was not included because of the already-established special assessment roll and inclusion would result in the loss of $70,000-$80,000 and will be part of the 2024 project. Mayor Rice confirmed the 21% assessment rate were included in the base bid price. Councilmember Skogquist spoke about setting the assessment rates in the fall and if this project includes the new rates close to 25% assessment and asked if that has changed based on the price difference or other exempt properties. Mr. Nelson April 17, 2023 (Regular) Page 11 of 16 responded the assessment rate was 22% and is now 21% based on pricing and that staff will be coming to Council soon regarding proposed 2024 rates. Motion by Councilmember Scott, seconded by Councilmember Skogquist, to adopt a resolution 2023 Street Renewal Project – Franklin Area Phase I; Approve Bids and Award A Construction Contract. Mayor Rice spoke about the potential for concrete streets and how piping costs have increased and that he would be interested in seeing bids for concrete instead of asphalt. He spoke about street depth of two lifts of asphalt and if adding one inch to that would be cost prohibitive but provide better wear advantage. Mr. Lee said staff had considered constructing roads to the 10-ton road standard which would be an additional cost of gravel etc. and approximately 18-19% more overall and based on those costs concluded it was best to continue with construction to residential street standards. Councilmember Weaver noted MSA roads were built to 10-ton standards. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.5 RES/Harrison Street Surface Improvement Project; Approve Plans and Specifications and Set Bid Date. Mr. Nelson shared a background report stating pursuant to Council discussion at the March 27, 2023 worksession meeting, Council provided unanimous consent to develop an Emergency Street Maintenance Program to address the acceleration/increase in deterioration in road surfaces from the current freeze thawing over the winter and spring months and committed $1.15 million towards repairing roads that were not budgeted in 2023. As part of the Emergency Street Maintenance Program, Council directed staff to resurface Harrison Street from 3rd Avenue to 7th Avenue in the 2023 construction season. The Harrison Street Surface Project will be approximately a 0.42-mile full depth reclamation project, essentially a street surface improvement project (SSIP). The project will involve the reconstruction of the street surface, including the bituminous pavement, minor replacement of the concrete curb and gutters, storm sewer reconstruction only as necessary, and pedestrian ramps reconstruction to meet current ADA standards. Pursuant to Statute with an estimated contract amount in excess of $350,000, sealed bids will be solicited by public notice using the competitive bidding process. This notice was published in the City’s official newspaper and the Finance & Commerce according to Statute but noted there was an error in posting with the Anoka County Union Herald so the bid date will now be May 4. He reviewed the proposed construction schedule in detail and noted there will be no MSA funding available and that bid award will be May 15 and if accepted construction to start in late May. April 17, 2023 (Regular) Page 12 of 16 Councilmember Skogquist clarified the Council was not committing to repairing Harrison as we were going out late for bids and the costs may be too much but were trying to address through the SRP program which would be one third the cost. He said the City has not changed the assessment rate for 13 years and that most other cities charge for this type of work and may have to reconsider in the future as funds do not go as far as they used to. Motion by Councilmember Wesp, seconded by Councilmember Weaver, to adopt a resolution Harrison Street Surface Improvement Project: Approve Plans and Specifications and Sets A Bid Date. Mayor Rice said he will advocate moving towards assessment on SSIP projects, stating the City has been generous but we are working on streets that are not in need of fully reconstruct. He said Harrison Street is 30 years old but the surface is destroyed and we will need to rely on some amount of assessment as we are running out of funds and asked if this is a 10-ton road. Mr. Nelson said this will be an MSA road and contain a half-inch more bituminous. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.6 RES/U.S. Highway 10/169 Improvement Project; Granting of Final Revised Permanent Roadway Easement for Parcel 44 to Anoka County. RESOLUTION Mr. Nelson shared a background report stating on May 21, 2018, the State Bonding Bill was presented to Governor Dayton and on May 30, 2018 he signed the Local Road Improvement Program (LRIP) Bonding Bill into law. Under Chapter 214, Article 3, Section 8 of the Minnesota Session Laws, there is an appropriation of $15,000,000 from the bond proceeds account in the State Transportation fund to the Commissioner of Transportation for a grant to Anoka County for engineering, design, and local construction to support the U.S. Highway 10 improvements in the City of Anoka. Pursuant to a resolution (RES- 2020-025) adopted by City Council on the April, 20, 2020, Council authorized the approval of appraised value, offer of compensation, and acquisition by eminent domain for the subject parcels requiring partial acquisition for the construction of the U.S. Highway 10/169 Improvement Project. The granting of the final revised roadway purpose permanent easement for Parcel 44 to Anoka County is required for the County to request reimbursement for the City of Anoka. The final revised roadway permanent easement has been approved by MMB and Anoka County. By the City granting the permanent easement to Anoka County, the County can seek reimbursement for the property acquisition the City has purchased for Parcel 44. Based on the JPA agreement with Anoka County, once the County receives the funds, the County will transfer the money to the City. The approximate April 17, 2023 (Regular) Page 13 of 16 amount of reimbursement the City will receive from Anoka County is $165,400 and these funds will be transferred back to the State Aid Fund. Motion by Councilmember Scott, seconded by Councilmember Weaver, to adopt a resolution U.S. Highway 10/169 Improvement Project; Granting of Final Revised Permanent Roadway Easement for Parcel 44 To Anoka County Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 10. UNFINISHED BUSINESS None. 11. NEW BUSINESS 11.1 Fairoak Frontage Road. Mr. Nelson shared a background report stating at the request of two Councilmembers an item to discuss and explore establishing of a new frontage road on Fairoak was added to the agenda. This proposed frontage road extension would be located on the north side of Highway 10 originate at Fairoak Avenue to approximately Calvary Cemetery and would serve access to the local business to the west. Staff would recommend to consider such improvements after the U.S. Highway 10/169 Improvement Project is completed. Councilmember Weaver asked why we protected businesses on the south side of Highway 10 but have a section near A-1 Auto, Bamboo Village, and City-owned property and liquor store that was not protected through a frontage road and only providing access through Brighton Street. He said the lack of access impacted to Kentucky Fried Chicken and the liquor store which both have closed and that access is extremely important and now there will be costs to construct a new liquor store on Bunker Lake Boulevard and 7th Avenue which could have been avoided. Mayor Rice said Calvary Cemetery access was not a concern as they used Garfield Street but agreed a frontage road was important and has now been recognized as a need. Mr. Nelson noted any frontage road would have to be approved by MnDOT and that staff has not reached out yet but will do so after Council direction. He noted any road would be in an embankment of Highway 10 and that they will have see about the feasibility. Councilmember Weaver noted North Road is an embankment too and leads to Cub Foods. April 17, 2023 (Regular) Page 14 of 16 Councilmember Skogquist said we missed this need and commented about having to pay property owners for small portions of land but that the City did not get paid and that while we could have done the road differently it would have included more takings. He said this would not have been feasible for us to handle and would have led to poor access anyway but that now it would be too expensive and he would not support. Councilmember Weaver said if we really want to do something we can through legislation, including possibly a sound wall, stating a frontage road is key to businesses surviving. Mr. Nelson stated a road was included in a bill but did not move forward. Mayor Rice said this was our error and properties may be open to the concept and support doing what we can and that we’ll have to have preliminary discussions with property owners to see what they would support. Mr. Nelson clarified Council direction was to add a frontage road to the CIP as a future project. Councilmember Weaver said this likely will not be in this legislative session but future ones and cautioned if not done could result into uses we don’t want along the highway and that we need to advocate. He said we own the lot between Euclid and could have been compensated for that. Mr. Nelson said the lot was for stormwater ponding and will be part of dedicated right-of-way for MnDOT stormwater. Councilmember Scott spoke about amenities that could be offered to the communities to make the area as vibrant as possible and how most were done south of the highway and while north could be cost-prohibitive we need to see what can be done. Mayor Rice agreed we overlooked this piece and should consider a reasonable investment to correct. Mr. Lee stated this area was discussed at length over the years and that properties were compensated, adding Greenhaven Parkway was designed to be access for those businesses. Councilmember Wesp said those actions occurred in 2019 and with the new grocery store and liquor store need he would support this proposal as we made a significant investment in the liquor store on Highway 10 and should give direction to MnDOT to explore. Council consensus was to move forward with exploring a proposed frontage road extension on the north side of Highway 10 at Fairoak Avenue to approximately Calvary Cemetery. 12. UPDATES AND REPORTS 12.1 Emergency Street Repairs Program. April 17, 2023 (Regular) Page 15 of 16 Mr. Nelson shared that pursuant to Council discussion at the March 27, 2023, worksession meeting, Council provided unanimous consent to develop an Emergency Street Maintenance Program to address the acceleration/increase in deterioration in road surfaces from the current freeze thawing over the winter and spring months and committed $1.25 million towards repairing roads that were not budgeted in 2023. As part of the Emergency Street Maintenance Program, Council directed staff to perform bituminous patching, spray patching, mill and overlays, and other required road repair work. Council is aware that Harrison Street from 3rd Avenue to 7th Avenue is included in this program. The maintenance work includes approximately a 0.42-mile full depth reclamation project in 2023. The Emergency Street Maintenance Program will be financed by the general fund reserves and $150,000 from the 2022 street maintenance funds rolled over into the 2023 budget. To date, funds have only been utilized to perform street patching work as well as work in the area by Mineral Ponds and that crews have been out conducting pothole patching work. Councilmember Weaver noted crews were plowing and patching this year at same time due to the unusual weather and as we receive bids for Harrison Street are there other CIP projects that can be redirected if the project is deemed too expensive. Mr. Nelson replied there are no other projects in Engineering that could be delayed at this time. Public Services Director Mark Anderson shared equipment purchases have already been ordered but possible CIP items that could be delayed include building projects could be deferred roof repairs on City Hall and Public Services. Mayor Rice said it will be unlikely but Washington Hill on the north side has 30 feet of pavement that has bubbled and lost an inch of pavement and asked if the only repair is to mill and overlay then noted the roof at Public Services is already leaking water. Mr. Anderson explained options available and said if we knew we were moving in two years we would do something else but there are some larger roof leaks but nothing in office spaces. Mr. Nelson said mill and overlay work in sections would be most effective and that staff would be re-rating all streets this spring to gather good data for future street repairs. 12.2 Legislative Discussion and Updates. Mr. Lee shared the opportunity to discuss any legislative updates. Councilmember Skogquist shared an update regarding the proposed jail expansion and concerns the City had with the process. He said Anoka County seemed to be willing to reset and work with us and shared about their jail tour which showed the concerns the County had and need for possible expansion. He said they were able to speak with jail staff and would have another meeting soon on more April 17, 2023 (Regular) Page 16 of 16 specifics but felt the County was willing to listen now that the City has made our concerns apparent. Councilmember Weaver shared more about the jail tour stating it was an experience and while it appeared to be in good condition it was of course not welcoming. Mr. Baumgartner agreed the initial meeting went well as was a good reset as everyone was listening to each other. He said we needed to start again to appreciate their concerns about updating the facilities as there is a safety need, particularly due to many blind spots that can result in potential conflict among inmates. Councilmember Weaver said staff went to the Legislature then shared more about the bonding bill status for dam construction and that Representative Stephenson was driving this project to be included in the bonding bill. Mr. Lee said the bill includes language for actual construction of the dam in the amount of $11.95 million and was making good progress. 12.3 Tentative Agenda(s). The Council reviewed the tentative agendas of the upcoming Council meetings. 12.4 Staff and Council Input. None. ADJOURNMENT Councilmember Weaver made a motion to adjourn the Regular Council meeting. Councilmember Scott seconded the motion. Vote taken. All ayes. Motion carried. Time of adjournment: 9:42 p.m. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerk