Anoka City Council

October 2, 2023 (Regular) Page 1 of 23 REGULAR MEETING OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS OCTOBER 2, 2023 1. CALL TO ORDER Mayor Rice called the regular meeting of the City Council to order at 7:11 p.m., followed by the Pledge of Allegiance. 2. ROLL CALL Present at roll call: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp. City Manager Greg Lee; Community Development Director Doug Borglund; Assistant City Engineer Ben Nelson; City Attorney Scott Baumgartner; Senior City Planner Clark Palmer; City Assessor Ryan Kirby; Public Works Director Mark Anderson; Utility Director Del Vancura. Absent at roll call: None. 3. COUNCIL MINUTES 3.1 August 28, 2023 Worksession. September 11, 2023 Special Worksession. September 18, 2023 Regular Meeting. Councilmember Weaver said he would be abstaining from the September 18, 2023, Regular meeting due to his absence. Motion by Councilmember Skogquist, seconded by Councilmember Scott, to approve the minutes of the August 28, 2023 Worksession, September 11, 2023 Special Worksession, and September 18, 2023 Regular Meetings as presented. Vote taken. Councilmember Weaver abstained from the September 18, 2023, Regular meeting. Motion carried. 4. OPEN FORUM 4.1 Anoka Halloween; Upcoming Festival and Events. Bill Bedinski, Anoka Halloween, thanked the City for their support of Anoka Halloween and shared about the planned events including a blood drive, costume and pumpkin carving contests, Lions tent party, Halloween parades, and many others and invited the public to their store. October 2, 2023 (Regular) Page 2 of 23 Michelle Austin-Dehn, Anoka Halloween, shared about the 2,237-pound winning pumpkin contest and thanked City staff, police, and fire for their support with all the events and invited the Council to participate in the parade. She thanked everyone for their patience during construction and encouraged caution with children during the parades. 4.2 Police Activity Update. Police Chief Eric Peterson shared an update regarding the recent statute amendment that resulted in removal of school resource officers (SRO) from schools due to potential civil and criminal penalties if restraint was needed to de- escalate a situation. City Attorney Scott Baumgartner commented about the use of force that could include bear hugs or prone positions and read the Attorney General’s recent opinion on interpretation of the law. He said the opinion was authoritative when it comes to schools and could be relied upon but a court could find a different interpretation in the event of a situation and that it was time for all law enforcement in Anoka County to come to a conclusion and would be meeting soon. He agreed with the benefits of SROs but said the concern is the potential ramifications as a result of the new law. Councilmember Weaver asked if the City would be covered if sued in the event of a situation with SROs then spoke about the difficulty of the Attorney General’s opinion if charged and not covered by the League of Minnesota Cities Insurance Trust. He said he would be hesitant to allow SROs in schools again until the legislature amends the statute. Mr. Baumgartner said it depends, adding an officer has a right under the law to rely on the opinion and that the Anoka County Attorney is working on this as well but it is difficult as the opinion is only good until it is overturned in court. Chief Peterson said police officers are looking to their unions and legal counsel for assistance then referred to past situations related to prosecution of officers and noted the law is affecting morale and restricting proactive officers because of potential ramifications. He stated law enforcement should have been involved in drafting of the law and noted it was not the school districts who lobbied for this law as they were unaware as well. Chief Peterson shared Officer Joe Vegel was recently hired from Fargo and that he would be introducing him soon to the Council once field training was complete then shared plans for support during Anoka Halloween and the impacts of Highway 10 construction during these upcoming events. October 2, 2023 (Regular) Page 3 of 23 4.3 Highway 10 Anoka Construction Update. Assistant City Engineer Ben Nelson shared an update regarding Highway 10 construction. Councilmember Weaver said the eastbound exit at Main/Ferry is open but further west towards King’s Island signage says the exit is closed. Mr. Nelson confirmed the exit is open and will have the signage corrected. OTHER INFORMATION UNDER OPEN FORUM None. 5. PUBLIC HEARING(S) 5.1 Assessment for Services Against Property with Delinquent Accounts. RES/Resolution Adopting Assessment for Services Against Property with Delinquent Accounts. RESOLUTION City Assessor Ryan Kirby shared a background report stating City ordinance and Minnesota statutes allow for the certification of unpaid service billings which may include costs associated with weed and diseased tree removal, false alarms, delinquent utility accounts, and other miscellaneous services to the public including removal of public health hazards from private property. City of Anoka utility accounts that are delinquent as of August 1, 2023, and remain unpaid as of September 1, 2023 will be collected utilizing special assessments. An administrative fee ($35.00) plus interest (4%) will be charged. Property owners have been notified via regular mail and upon application Council may defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older or retired by virtue of a permanent or total disability for whom it would be a hardship to make the payments. Mayor Rice opened the public hearing at 7:41 p.m. Being no comments Mayor Rice closed the public hearing at 7:41 p.m. NOTE: By motion from Councilmember Skogquist, which was seconded by Councilmember Scott, and by a unanimous vote of the Council, agenda item 9.1 was moved up on the agenda and acted upon at this point. Councilmember Skogquist confirmed distribution of the most recent assessment listing. October 2, 2023 (Regular) Page 4 of 23 Motion by Councilmember Skogquist, seconded by Councilmember Scott, to adopt a resolution certifying the 2023 assessment for services against property with delinquent accounts. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 6. CONSENT AGENDA Motion by Councilmember Wesp, seconded by Councilmember Weaver, to approve Consent Agenda Items 6.1 through 6.5 as presented. Councilmember Skogquist thanked staff for Change Order 56 as it was wise to incorporate Maple Lane with the Highway 10 construction project. 6.1 Approve Verified Bills. 6.2 Revising and Setting Council Calendars. 6.3 Highway 10 Rum River Bridge and Corridor Project; Approve Change Order Number 56. 6.4 U.S. Highway 10/169 Improvement Project; Approve Change Order Number 66. 6.5 Recommended Approval of an LG240B Bingo Permit; Anoka Knights of Columbus at Church of St. Stephen, November 17, 2023. Vote taken. All ayes. Motion carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 7.1 Planning Items: None. 8. PETITIONS, REQUESTS AND COMMUNICATION None. 9. ORDINANCES AND RESOLUTIONS 9.1 RES/Resolution Adopting Assessment for Services Against Property with Delinquent Accounts. ACTED UPON AFTER PUBLIC HEARING October 2, 2023 (Regular) Page 5 of 23 9.2 ORD/Amending Chapter 30, Article II, Section 30-24 Public Nuisance Relating to Voice and Sound Amplification in Public Spaces. (2nd Reading) ORDINANCE Mr. Baumgartner shared a background report stating in response to complaints associated with the use of amplification devices on public streets and sidewalks, specifically during City sponsored events, City Council directed staff to amend the City’s current noise ordinance to address these types of situations. He shared the amended portion of Chapter 30, Article II, Section 30-24 where additional language has been added to address these concerns. While reviewing this portion of the City Code, staff noticed additional areas of Section 30-24 that should be amended, which is also being proposed. City Council passed the first reading on September 18, 2023. There have been no changes since the first reading. Councilmember Skogquist supported the proposed ordinance then asked if reference to reasonable tone over 50 feet was an issue instead of number of decibels and how it would affect the downtown areas during events and music. Mr. Baumgartner responded the ordinance will hopefully address events such as Anoka Halloween and concerts and that staff will ultimately work on a special event license once we have good understanding of what events are occurring. Councilmember Skogquist referred to the existing code for horns and signaling devices and the length of time in violation. Mr. Baumgartner said those instances come down to officer discretion and that while horns are designed for use in emergencies using one without an emergency reason could be a concern and that it would be up to Council to decide if further amendments are needed. Councilmember Weaver said he appreciated the ordinance as it will be an important tool for police to use and was confident discretion will be used in enforcement. Motion by Councilmember Weaver, seconded by Councilmember Skogquist, to hold second reading and adopt an ordinance Amending Chapter 30 Environment; Article II, Section 30-24 Public Nuisance Relating to Voice and Sound Amplification in Public Spaces of the Code of the City of Anoka Minnesota. Councilmember Scott asked how long a horn sound might last and asked if 100 feet would be more appropriate. Mr. Baumgartner said staff tried to find uniformity of distance in reviewing other cities’ code and concluded instead of a specific decibel that a good measure would be if the sound was so loud to be disruptive to hold a conversation. Mayor Rice said loud exhaust and car stereo music is becoming more frequent and was supportive of the decibel measure as it may be helpful in those situations October 2, 2023 (Regular) Page 6 of 23 as those sounds can be heard from quite a distance away. Chief Peterson shared the City does have an ordinance for excessive sound from cars and already has the ability to enforce but there needs to be a complaint received, adding Statute has a law in place for loud exhaust and reference past car cruising situations in the City and that law and ordinance was used to address those concerns and encouraged complainants to call. Councilmember Skogquist said the concerns have increased with the amount of traffic currently and that hopefully after December traffic will return to normal that will allow for re-evaluation. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. RES/Summary Publication of Ordinance Amending Chapter 30, Article II, Section 30-24 Amending Chapter 30, Article II, Section 30-24 Public Nuisance Relating to Voice and Sound Amplification in Public Spaces. Motion by Councilmember Wesp, seconded by Councilmember Scott, to adopt a resolution providing summary publication of an ordinance Amending Chapter 30 Environment; Article II, Section 30-24 Public Nuisance Relating to Voice and Sound Amplification in Public Spaces of the Code of the City of Anoka Minnesota. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.3 RES/Consider Suspension of Any Work on Organized Residential Garbage Hauling. RESOLUTION City Manager Greg Lee shared a background report stating at the March 6, 2023 Regular meeting, staff was directed to move forward in the process of consideration of implementing an organized solid waste collection system, pursuant to the process set forth in Minnesota Statute §115A.94, and to schedule this as a ballot question for the 2024 General Election. Staff began the process and notified licensed residential haulers and the public that the City is considering implementing an organized collection system and that this topic would be discussed at your April 24, 2023 Worksession. At the June 5, 2023 meeting a motion was made to rescind a previous motion to place this as a ballot question which passed. At the July 17, 2023 Special meeting, through a motion and vote, staff was directed to continue with the process set forth in Minnesota Statute §115A.94. At the September 5, 2023 Regular meeting, staff certified a sufficient petition to the Council, which will place this as a ballot question for the 2024 General Election. Staff has been collecting information on organized collection to October 2, 2023 (Regular) Page 7 of 23 prepare to provide information to the voters so they are educated on the subject prior to voting including reviewing contracts from municipalities that currently have an organized solid waste collection system, preparing own sample contract language, summary of fees, comparing an open market system to an organized solid waste collection system, and developing a public summary sheet of information. These items are things that will benefit the City regardless of how the ballot question turns out. If the ballot question were to pass, then we would have supplied valuable information to the voters so that they would be able to cast an educated vote on the topic. If the ballot question does not pass, we would have been following Statute all along and would be far into the process, instead have to start after the election occurs. Due to this being a ballot question in 2024, some Councilmembers requested that staff place this item on this agenda providing a resolution to suspend the work on organized residential solid waste collection. Councilmember Weaver said he not in favor of the dual track and wanted voters to have their say, adding it was evident by the letter received today from Walter’s Refuse and Recycling legal counsel that explained how pricing is highly proprietary and would not be shared with others as a matter of business prudence and that the City should not expect haulers to share meaningful data with the current likelihood of organized hauling. Councilmember Scott noted the ballot question has not been asked yet and was not aware of a dual track. Mr. Baumgartner said the dual track is implied with the ballot question and the statutory process and that staff understood Council direction was to still pursue statutory requirements. Mayor Rice said it will be very difficult to inform the public about the process without some type of conclusion and felt it was our responsibility to continue to obtain pricing data. Councilmember Skogquist said the City of Coon Rapids did this as well and felt it was important to answer questions as best we can before a decision is made. Councilmember Wesp said we have to accept that the information is likely speculative but supported stopping work on organized solid waste at this time. Motion by Councilmember Wesp, seconded by Councilmember Weaver, to adopt a resolution to suspend work on implementing an organized solid waste (residential garbage) collection system. Councilmember Skogquist referred to issues returning before Council and spending staff time on them and that a policy existed or motion occurred in 2005 or 2006 that Council cannot keep reviewing topics because consensus can’t be reached and that we should acknowledge this now and instead postpone and require a majority of the Council needs to agree to bring the topic forward again. October 2, 2023 (Regular) Page 8 of 23 Councilmember Weaver said it is not necessary to postpone because if the motion fails direction will be to continue the dual track. Joelle Alerud, Anoka, shared comments regarding financial and road impacts and asked who will keep track of the work the City is doing on research and contract negotiations as there is a resulting staff time for that. She spoke about collecting data with the haulers that doesn’t allow the public to participate and said residents can educate ourselves during the process. She asked how will the City force haulers to provide business data then shared further concerns about existing potholes and road conditions because of cold weather and the need to show the public how much we’ll save with a single hauler and asked that residents be allowed to vote on the topic. A gentleman from Connections Church in Anoka, shared his concerns that the City has to educate the voters and compared this to building a home without a permit and cautioned against going against the will of the people. Mayor Rice said there are some who believe when the ballot question is asked it will go one way and said that’s what happens when a petition is signed. He believed the best idea is to organize and said the voters elected him to represent them and if the voters say no, he has no problem accepting that direction but said there currently is a statutory process and did not believe we should wait until 2025 to start. Councilmember Skogquist said he respects everyone’s opinion but noted the submitted petition was shall the Council decide if the City should have organized hauling and that vote hasn’t happened yet and won’t for some time and in the meantime, should gather data. Motion by Councilmember Skogquist, seconded by Councilmember Scott, to postpone indefinitely consideration of a resolution to suspend work on implementing an organized solid waste (residential garbage) collection system. Councilmember Weaver said the motion to postpone was not needed and was irrelevant and grandstanding. Councilmember Skogquist said if there is a policy about repeated topics this motion is not necessary but with current Roberts Rules this motion is necessary. Councilmember Weaver felt this would be similar to a gag order and will take away free speech from the people. Upon a roll call vote: Councilmembers Scott and Skogquist voted in favor. Mayor Rice, Councilmembers Weaver and Wesp voted nay. Motion to table failed. October 2, 2023 (Regular) Page 9 of 23 Upon a roll call vote: Councilmembers Weaver and Wesp voted in favor. Mayor Rice and Councilmembers Scott and Skogquist voted nay. Motion to adopt a resolution to suspend work on implementing an organized solid waste (residential garbage) collection system did not pass. 9.4 RES/Approve Feasibility Report for the Rum River Recreation Channel Restoration Projects. RESOLUTION Mr. Nelson shared a background report stating the “Rum River Channel Maintenance Project” portion of the Rum River Recreation Channel Restoration Projects is for the maintenance dredging operation of the navigational channel that was previously permitted and excavated in 2008. The project limits include the Rum River from just south of the pedestrian footbridge to north of the Main Street Bridge. The maintenance dredging includes the excavation of approximately 3,880 cubic yards for a navigation channel 950 feet in length, 40 feet wide, 2-feet to 4-feet deep, with a bottom elevation of 826 +/- and 3:1 side slope. The required permitting for this project includes an amendment to the existing MN DNR Public Waters Work permit which will satisfy the condition of the existing permit; “Maintenance work shall not be commenced until permittee receives written approval from the Department.” The “Rum River Channel Restoration Project” portion of the Rum River Recreation Channel Restoration Projects is for a new dredging operation of a navigational channel from the confluence of the Mississippi River to limits of the Rum River Maintenance Project (just south of the pedestrian footbridge). The proposed dredging would include the excavation for a navigation channel approximately 2,750 feet in length, 40 feet wide, 2-feet to 4-feet deep, with a bottom elevation of 826 +/- and 3:1 side slope. The dredging excavation methods studied in the report include mechanical dredging and hydraulic dredging. The sediment material removed from the dredging is proposed to be temporarily stockpiled and four potential areas examined in the report include; Akin Riverside Park, Peninsula Point Two Rivers Park, North Site and West Bank. Council shall be aware; based on the laboratory testing results of the sediment samples collected on the Rum River, the concentrations (PAH’s, arsenic & copper) were at naturally occurring levels and the material will be considered unregulated fill which will not require special handling or disposal. This project will include the permitting from following agencies; Minnesota Pollution Control Agency, Lower Rum River Watershed Management Organization, Minnesota Department of Natural Resources, and Army Corps of Engineers. An Environmental Assessment Worksheet will be required by Minnesota Rules 4410.4300, if the project causes an impact of one acre or more. He outlined the possible and available funding sources and project schedule in detail. Councilmember Wesp asked if this large amount of sediment has occurred in the past and will happen again. Mr. Nelson replied there are sites in Anoka that could October 2, 2023 (Regular) Page 10 of 23 continue to contribute to this issue but believed the solution will address the concern. Councilmember Weaver said there were 92 potential sites in Anoka County with erosion currently occurring that could continue to contribute to the situation but said this year was likely the perfect storm with high water in both the Rum and Mississippi Rivers and was hard to predict. Mayor Rice shared comments about work before the pedestrian bridge and said he was opposed to this project now and instead use the funds for a future project below the pedestrian bridge as the problem lies there. He said he was not convinced high water in the spring won’t remedy the situation for us and wash out sand below the pedestrian bridge, adding our permitting process will prohibit this anyway. He said we should continue with the permit process and be ready for spring work if needed. Councilmember Weaver commented how the tainer gate was opened and resulted in the recreational pool being drained. Jeff Lee, 706 River Lane, said while the water was low it was nothing out of the ordinary on the Mississippi River but how boaters could not travel far on the Rum River without getting stuck in the river bed. He commented how the channel wasn’t really in existence anymore. Mr. Nelson clarified the item before Council was to approve the feasibility study for two projects based on the findings of the report and are two separate projects not dependent on each other. Ed Evans, 1186 Benton Street, explained the pool is affected by the height of the dam to Kings Island and is more than a mile and was confused about the actual proposed project and supported waiting until spring. Mayor Rice said the City has the authority to maintain the river from City Hall to the pedestrian bridge and a bit beyond already but not from the pedestrian bridge to the Mississippi River. Councilmember Skogquist said if we maintain the channel what happens in the dock area and how will that affect the slips and areas not in the channel. Councilmember Weaver explained the work will affect the slips then explained how the buoys were moved to allow people to get to the pedestrian bridge and supported the feasibility study and overall project, adding this project is important to the community for the public to come to Anoka via the river. Mr. Nelson said the 40-foot channel was included in the study and that we have a permit to keep that operational, including the boat launch area. October 2, 2023 (Regular) Page 11 of 23 Motion by Councilmember Weaver, seconded by Councilmember Wesp, to adopt a resolution to accept the feasibility report for the Rum River recreation channel restoration projects. Further discussion was held on the current condition of the dock areas, channels, and areas outlined in the proposed plan and the amount of water flow. Kurt Wresa, 10964 Mississippi Drive, Champlin, commented that work 150 feet before and after the foot bridge could help then reviewed the need for dam renovation for the safety of workers, boaters, and rescue boats. He shared the importance of the Rum River and its vitality to Anoka and if we are requesting funding from the legislature, we need to do our part. Councilmember Weaver made a friendly amendment to accept the feasibility report and make an application to include the section of the Rum River as outlined in the staff report. Councilmember Wesp accepted the friendly amendment. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.5 RES/Rum River Channel Maintenance Project; Approve Bids and Award Maintenance Contract. RESOLUTION Mr. Nelson shared a background report in September of 2007, City Council discussed the need and benefits of restoring boat traffic along the Rum River in the area located south of the Anoka Dam. On January 15, 2008, the Minnesota Department of Natural Resources (MN DNR) approved the Public Waters Work permit application for the excavation of the navigational channel in the Rum River from the pedestrian footbridge, north to the Main Street bridge. In the spring of 2023, following the high flood waters and a quicker spring thaw this year, the Rum River channel downstream of the Anoka Rum River dam (Anoka Dam) is showing an increase amount of sediment along the river bottom. Based on a biometric survey completed this June, the majority of the channel has silted in the entire way to the Mississippi River, in some areas as much as 4-feet. On September 22, 2023, MN DNR approved the amendment to the Public Waters Work permit for the maintenance of the navigational channel in the Rum River from just south of the pedestrian footbridge to north of the Main Street bridge. A resolution was adopted by City Council this evening, October 2, 2023, approving the preparation of a feasibility report for the Rum River Recreation Channel Restoration Projects includes both the Rum River Channel Maintenance Project and the Rum River Channel Recreation Project. The Rum River Channel Maintenance Project portion of the Rum River Recreation Channel Restoration Projects is for the maintenance dredging operation of the navigational channel that was previously permitted and excavated in 2008. The project limits include October 2, 2023 (Regular) Page 12 of 23 the Rum River from just south of the pedestrian footbridge to the Anoka Dam. He reviewed the maintenance dredging in detail and said bids for this project were received on September 26, 2023, and included the maintenance dredging of the Rum River including the excavation, hauling and disposal of excess material, and site restoration. The City received a total of eight bids ranging from $117k to $1.0M and staff recommended awarding a construction contract in the amount of $117,667.35 to Rachel Contracting, LLC. The final step in the public improvement process is to adopt a resolution approving the bids and award a maintenance contract for the Rum River channel maintenance project. Councilmember Wesp said he was astonished the bids received were that low and shared history on how the docks were established and rocks moved to create the channel which opened up boating opportunities and suggested continuing to work to address the portion shown in blue on the staff report as well. Councilmember Weaver shared more about the history of the river and boulder removal and how business owners donated money to purchase the docks for public use and spent $185,000 in 2008 to do similar work which was remarkable and supported the bid and other areas that need to be addressed. Motion by Councilmember Weaver, seconded by Councilmember Skogquist, to adopt a resolution for the Rum River channel maintenance project; approve bids and award a maintenance contract to Rachel Contracting, LLC, in the amount of $117,667.35. Councilmember Skogquist commented about added language in the bonding bill for funding for a navigable channel or maintenance to the dam should be added to address the area outlined in blue in the staff report. Councilmember Weaver said the legislature is already aware of these areas. Mayor Rice said the bids were likely low because water is clearer this time of year and the problem is from the pedestrian bridge down and while pontoons can get through boats likely cannot just below bridge. Councilmember Scott asked about the method to remove the material. Mr. Nelson explained the excavation method was higher and how this contractor will use a hydraulic excavator and haul the material offsite. Upon a roll call vote: Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Mayor Rice voted nay. Motion carried. 9.6 ORD/Purchase Agreement for the City’s Sale of Property to Anoka Ramsey Athletic Association (ARAA). (2nd Reading) October 2, 2023 (Regular) Page 13 of 23 ORDINANCE Community Development Director Doug Borglund shared a background report stating the City Council discussed the purchase agreement at its meeting on September 18, 2023, and made no changes then shared written response from ARAA responding to questions raised by the Park Board. The City has been in discussions with ARAA regarding property known as the Gray Ghost Field site to construct an athletic domed structure on the site. The subject property is currently comprised of two different parcels, which also contain the City’s pump house and wind turbine. There will need to be a lot combination and lot splits to sever the property being sold to ARAA from other pieces of the property containing the City’s pump house and the wind turbine. The City and ARAA have negotiated an offer of $1.00 for the property, along with use privileges that would benefit the citizens of Anoka and staff recommended adoption of the ordinance. Councilmember Wesp referred to the ice arena property in the 1980s through a quit claim deed and if ARAA ceases to operate an arena the City can purchase the property back for the same consideration and how this could set a precedent. He stressed wanting both parties to equitable in representation with the City Attorney representing both parties and appreciated contract review by the City of Coon Rapids attorney Dave Brodie. Mr. Baumgartner shared he currently represents both parties but that if at any point the City was uncomfortable with this, he had offered to remove himself from ARAA. He said Mr. Brodie shared feedback that included shared the parking agreement which was revised for second reading by striking sole discretion and adding in compliance with City code as well as clarification to the right of first refusal. Councilmember Wesp said there is a contract for parking at the wellhouse site for 18 stalls for the ice arena that maintains plowing and asked if that is included in this agreement. Mr. Baumgartner said all parking issues will be addressed with all parties and use and that ARAA will likely build 50 additional stalls in conjunction with the school district for overflow parking then spoke about current work on the survey. Utility Director Del Vancura spoke about the goal to bury the power lines for $72,000 in conjunction with this project which will make the area look much better. Councilmember Wesp stated his property is adjacent to that area and while he did not have any say in the conclusion of burying the power lines, he believed this will benefit everyone. Councilmember Weaver agreed burying the lines was a great idea then noted partnerships like this have occurred with the ice arena before and that this project will benefit the youth and thanked the Park Board for their great questions. October 2, 2023 (Regular) Page 14 of 23 Councilmember Skogquist confirmed the public use portion and how ARAA understands the dome will be used for youth and seniors as community gym space and thanked ARAA for the project then asked if the power line costs included easements. Mr. Vancura said the property lines will change on the west side of the property and will be addressed as the project develops. Councilmember Scott asked for ARAA to clarify this site and project was different than the one planned in Ramsey and how the City will be watching to see what will eventually happen north of this site and if this will be a year-round dome. Dustin Reeder, ARAA, said the intent was to have year-round dome then explained their need to be financially prudent and how a dome was a project they felt they could start with and learn how to operate but will need more space in the future. He shared how court space can be converted to turf in the future then spoke more about the proposed dome and size which will be larger than the dome in Maple Grove. He spoke about the goal to make the community better and benefit others and how this will be a great facility to help change youth sports and level the playing field and make youth sports more accessible. Mr. Baumgartner shared about how the costs incurred for putting up and taking down the dome and that without outdoor lighting this was more usable. He said court and turf space is truly needed and this would be a multi-use space. Mayor Rice thanked ARAA for all their work to make this project a reality. Michelle Austin-Dehn, 752 Brisbin Street, shared her support for this project as it will be very good for Anoka businesses and a great addition for the restaurants and stores in the City. Councilmember Skogquist asked about the language regarding sole discretion in the parking agreement and how to address. Mr. Baumgartner confirmed that change has already been made removing ARAA’s sole discretion and instead states in compliance with City code. Motion by Councilmember Skogquist, seconded by Councilmember Weaver, to hold second reading and adopt an ordinance to convey real property to Anoka Ramsey Athletic Association. Councilmember Wesp referred to contracts with the ice arena for wellhouse and overflow parking at Castle Field but there is no written agreement with the high school and how to make sure they’re protected. Mr. Baumgartner said there may need to be signage added and while there will be a learning curve on where to park ARAA was confident this can be addressed in the shared parking agreement with the school and off-peak times. Sara Gall, 1811 2nd Avenue, asked about the shared parking and cost to bury the power lines and what other lots are expected to be borne by the taxpayers. Mayor October 2, 2023 (Regular) Page 15 of 23 Rice reviewed the identified costs but noted ARAA is paying for most of the other costs involved and that parking should stagger quite well but will be addressed. He noted the school has tremendous parking and was confident this was the right decision for the community. Councilmember Scott thanked Ms. Gall for her comments on the cost consideration and loss of a public field but noted the City does some legacy costs such as park maintenance which will no longer be needed. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.7 ORD/Amending Chapter 74 Vegetation, Article II. Tall Grass and Brush and Noxious Vegetation. (1st Reading) Mr. Borglund shared a background report stating Chapter 74 regulates the regulates the growth of grass, weeds, or brush and vegetation, which are not part of an orderly landscape design and that amending Chapter 74 Vegetation to address changes to existing regulations per recently adopted State Law and the updating of MRCCA Rules was needed. The City Council discussed the proposed amendments at their worksession on September 25, 2023 and provided feedback and direction. The draft being presented for first reading reflects a strikethrough of certain language recommended and includes allowing property owners and occupants to install and maintain managed natural landscapes that may exceed 8 inches in height and be allowed to go to seed, but must be maintained and cannot include noxious weeds. He said managed natural landscape is defined as a planned, intentional, and maintained planting of native or nonnative grasses, wildflowers, forbs, ferns, shrubs, or trees, including but not limited to rain gardens, meadow vegetation, and ornamental plants. Managed natural landscapes does not include turf-grass lawns left unattended for the purpose of returning to a natural state. The bill permits landowners to maintain managed natural landscapes in excess of 8 inches in height. However, weeds or grasses that are growing on land in a city, are taller than 8 inches, have gone to seed, and are not a part of a managed natural landscape are prohibited. The law went into effect July 1, 2023, and supersedes any local regulations requiring residents to maintain a managed turf-grass lawn. The second part the proposed amendment is due to the updating the MRCCA rules. LGUs cannot restrict the height of ground cover vegetation in designated areas (SIZ, BIZ, within 50 feet of a wetland or natural drainage way, areas of native plant communities and significant vegetative stands identified in the MRCCA plan), such as through weed control ordinances. LGUs must amend ordinance provisions, if any, to comply with this requirement. Motion by Councilmember Wesp, seconded by Councilmember Skogquist, to hold first reading of an ordinance amending Chapter 74 Vegetation, Article II. October 2, 2023 (Regular) Page 16 of 23 Tall Grass and Brush and Noxious Vegetation Code of the Code of the City of Anoka Minnesota. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.8 ORD/Zoning Text Amendment; Establishing Chapter 78, Section 78-341 and Amending Chapter 78, Article VI; Mississippi River Corridor Critical Area (MRCCA). (1st Reading) Senior City Planner Clark Palmer shared a background report regarding a comprehensive zoning text amendment concerning the Mississippi River Corridor Critical Area (MRCCA). The MRCCA is a corridor of land along each side of the Mississippi River in the Twin Cities metro area. Land development in the MRCCA has been regulated by city- and township-adopted MRCCA plans and zoning regulations since 1976. The MRCCA was designated a critical area in 1976 by Executive Order following the passage of the Minnesota Critical Areas Act of 1973. The Executive Order was superseded by MRCCA rules in 2017. The City of Anoka along with the cities of Coon Rapids, Brooklyn Park, Champlin, Ramsey and Dayton formed a north metro cities peer group who participated in the 2017 rule making. Joint response letters were submitted relating to the proposed rules. The group worked to ensure the rules are reasonable and serve a rational purpose. Other comments sought clarification in a number of areas. As part of the 2040 Comprehensive Plan updates, all communities in the MRCCA were required to adopt new local MRCCA plans (Chapter 8 of the Anoka 2040 Comprehensive Plan). Many communities in the Twin Cities have already adopted new ordinances or received conditional approval from the DNR. Along with other communities, Anoka must update its MRCCA ordinance consistent with the 2017 MRCCA rules and locally adopted MRCCA plans. A model ordinance was developed consistent with the rules which staff used in the drafting of the proposed text amendment and standards address building and construction, structure height and setbacks, decks and patios, water-oriented accessory structures, nonconforming structures, land alteration (grading and filling), vegetation removal and management, river access and paths, stairways, lifts and landings. The draft text amendment has been reviewed and received conditional approval by the DNR. The first amendment proposes to establish a new section of City Code, Section 78-341, which will become the new MRCCA ordinance. The previous MRCCA ordinance, City Code Chapter 78, Article VI, is proposed to be amended to remove any and all references to the MRCCA. This Article will continue to apply to the Rum River environmental overlay Councilmember Weaver said this has been in process for years and included a lot of public input and resulted in incredible changes to allow river cities to be successful. He said he was surprised the law does make areas accessible for ADA through private properties and will not support the recommendations by the October 2, 2023 (Regular) Page 17 of 23 Friends of the Mississippi. Mr. Palmer confirmed there are allowances included ADA access. Councilmember Weaver said he did not want the regulations to be more restrictive than neighboring cities such as fence heights in the front yard only. Councilmember Skogquist said he supported the language as presented but noted Anoka has unique shaped lots and that four-foot fencing made sense with the front yard being on the river side and should be the same along the river. Discussion was held regarding fence heights and how to address view obstruction by using wrought iron fencing and support of the four-foot rule similar to what is already in place. Councilmember Wesp asked if the FMR is included in the proposed ordinance. Mr. Palmer said it was not but could be incorporated. Motion by Councilmember Skogquist, seconded by Councilmember Weaver, to hold first reading of an ordinance establishing Chapter 78, Section 78-341 and Amending Chapter 78, Art. VI; Mississippi River Corridor Critical Area (MRCCA) that would not include recommendations from the Friends of the Mississippi River. Mr. Palmer said the DNR states swimming pools have to meet the 100-foot setback then commented further on what other accessory structures could be allowed. Dr. Evans asked if the proposed ordinance was sent to property owners along the river. Mr. Palmer said notice was sent to all riparian lot owners and non-riparian lot owners that would not affect a PCA. Dr. Evans said materials were shared at the open house that referenced many State statutes and felt the summary was flawed and not helpful and did not share the guidelines for ordinary high-water level (OHWL) determinations. He shared frustrations with the Planning Commission and the number of people not present for the meeting and how the comments by the Friends of the Mississippi were not shared with the public or asked if the Commission reviewed all the documents. He asked how do we establish the high-water mark and how the information was used by professionals who understand surveys and regulatory flood plain explanation and not for the general public. Councilmember Weaver commented on the high-water marks actually documented and that levels on flood plain maps were more speculative. Dr. Evans shared frustrations with the flood plain maps and the required insurance coverage based on the maps. He encouraged the Council to read the integration of the letter into the ordinance and did not understand how the 60 pages of October 2, 2023 (Regular) Page 18 of 23 changes will affect all property owners and whether you can sell your home as this will reduce property values depending on the fence requirements. He shared his property survey and asked how the regulations would affect his property. Mayor Rice noted the motion included dismissing the recommendations from the Friends of the Mississippi and that most surveys are based on elevations and could be done. Mr. Palmer shared the Statute references were all researched by staff and could provide further comment if needed. He said he shared the OHWL determinations with Dr. Evans during a meeting with him and the how the Planning Commission was presented the letter in advance of the meeting but they may not all have had an opportunity to read the entire document. Mr. Borglund said the ordinance presented to the Planning Commission is the minimal ordinance that can be considered by Statute and includes nothing further and allows as much flexibility as allowed for property owners. Mayor Rice inquired about fencing on the river side of the yard. Mr. Palmer said fencing is restricted within the 100-year flood area because a home may already be too low. Mayor Rice said we need to define fence areas to allow property owners to protect children from accessing the river and noted each lot is so individual. Mr. Palmer agreed but noted some property owners don’t like fences along the river as they can obstruct views which makes this difficult. Dr. Evans encouraged the Council to postpone consideration and noted not all cities along the river agree with the amendments and that more discussion is needed. Mayor Rice said the amendments match law and are necessary to adopt. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.9 RES/2023 Street Renewal Project – Franklin Area Phase I; Adopt a Revised Assessment Roll. RESOLUTION Mr. Nelson shared a background report stating on March 6, 2023, City Council held the assessment hearing and adopted a resolution approving the assessment roll for the 2023 Street Renewal Project - Franklin Area Phase I. Common with street renewal projects, staff may have to make an assumption for the locations of existing service connections. During the development of the project, existing curb stops for the water services are surveyed and the sanitary sewer lines are televised. This information, along with the old construction plans and service tie cards are used to best determine the location of the existing services. During October 2, 2023 (Regular) Page 19 of 23 construction, these services are verified and installed if part of the project. In the case a service is not found and replaced, this service will be removed from the assessment roll. Typically, these parcels are located on a corner lot or are double fronted by two roads. Also, based on the Street Reconstruction Assessment Policy; to keep the fairness and equity to property owners when a service on the project has been replaced within the past 10-years the following will be applied to the service unit assessment. He outlined the subject commercial properties located within the construction limits of the project and were included in the adopted assessment roll. At the time the assessment roll was adopted by City Council, the property owner was in the process of a lot combination. On May 12, 2023, the City received notice that the subject parcels where combined and assigned a new PID 01-31-25-43-0095 (30 West Main Street). The property with PID 01-31-25- 43-0095 will have one of the street unit assessment ($7,160) removed, one sewer service unit assessment ($1,510) removed and one water service unit assessment ($3,280) removed given the lot combination was completed and recorded at Anoka County. In additional to the unit assessments, the total property frontage will be increased by 25 linear, the revised assessed frontage is 149 linear feet ($1,200). The subject residential property with PID 01- 31-25-42-0043 (2215 Wingfield Avenue) is located within the construction limits of the project and was included in the adopted assessment roll in anticipation the parcel did not have a new water service to the watermain since no plumbing permit was on file for said property. Since the time of the adoption of the assessment roll, the City received an invoice from Metro General Services, Inc. dated March 10, 2014, verifying a new water service was installed. The property with PID 01-31-25-42-0043 will have the water unit assessment ($820) reduced, given the water service was replaced within the past 10-years. The subject residential property with PID 01-31-25-42-0032 (2303 Wingfield Avenue) is located within the construction limits of the project or was included in the adopted assessment roll in anticipation the parcel did not have a new sewer service and a new water service installed to the mains. As the services where installed, it was verified that the sewer service and water service where new to the mains. The property with PID 01-31-25- 42-0032 will have the sewer service unit assessment ($0) removed, given the service was replaced within the past 10-years and water service unit assessment ($820) reduced given the service was replaced with the past 5- years. In addition to the above assessment adjustment, the ownership of some parcels located within the construction limits have changed. Motion by Councilmember Wesp, seconded by Councilmember Skogquist, to adopt a resolution for the 2023 Street Renewal Project – Franklin Area Phase I; adopt a revised assessment roll. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, and Wesp voted in favor. Motion carried. October 2, 2023 (Regular) Page 20 of 23 9.10 RES/Trunk Highway 27 (Ferry Street) and BNSF Railroad Grade Separation Project; Supporting Pursuit for FY 2026-2028 Minnesota Highway Freight Program Funding. RESOLUTION Mr. Nelson shared a background report stating the Minnesota Highway Freight Program (MHFP) provides federal funding to construction projects that provide measurable freight transportation benefits across modes including projects that connect highways, railroads, ports, waterways and airports. The MHFP funds are targeted toward projects that improve freight safety, freight mobility, freight sustainable supply chains, or which improve first and last mile connection access to freight facilities. Applicants are required to identify other public and/or private funding sources that will contribute to the cost of the proposed project. The Minnesota Highway Freight Program may provide federal funds for up to 80 percent of the eligible project cost. For Fiscal Years 2026, 2027, and 2028 the Minnesota Highway Freight Program is projecting $21.6M per fiscal year. The minimum award provided to any one project in this solicitation will be $500,000. The maximum award in this solicitation will be half of the amount ($10.8M) available in only one fiscal year. Applications are due October 13, 2023 and successful applicants will be notified in January, 2024. At the July 25, 2022 work session meeting, Council provided direction to MnDOT staff that the City’s preference is Alignment Alternative No. 2 – which is the best and safest alignment for the traveling public as it reduces the curves and reduces dangerous truck turning movements that occur near the curves in MnDOT’s preferred Alignment Alternate No. 5. Council shall be aware, over the past year, staff has been in discussion with MnDOT’s project team to develop a project that best benefits the traveling public and provides the safest crossing. MnDOT has committed to deliver a project that works not only for the State but the City of Anoka. It is also noteworthy to mention again, the City’s position on the Alignment Alternative No. 2 that moves the trunk highway out of the Wild, Scenic, & Recreational protected area and remove the dangerous reverse curves (“S” curves) from the road alignment. As identified by the U.S. Department of Transportation Railroad Administration, this crossing is considered one of the worst crossings in the State and additional benefits include improving safety for pedestrians and bicyclists by providing a multi-use trail connection. As part of the application process the local agency is required to submit a signed resolution stating that the agency is requesting funding from MnDOT through the Minnesota Highway Freight Program. If awarded, the City is committed to securing the required 20% local contribution and meeting all major project milestones as required by the FY 2026-2028 Minnesota Highway Fright Program. These funds may be provided through other local competitive funding sources. Councilmember Weaver noted the photo of the crossing in the staff report says it is looking north on Ferry Street and should be corrected to be south on Ferry Street. October 2, 2023 (Regular) Page 21 of 23 Councilmember Skogquist said this opportunity was a great find and thanked staff for bringing funding options forward. Motion by Councilmember Skogquist, seconded by Councilmember Scott, to adopt a resolution for Trunk Highway 47 (Ferry Street) and BNSF Railroad Grade Separation Project; Supporting Pursuit for FY 2026-2028 Minnesota Highway Freight Program Funding. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.11 RES/Recommended Approval of an LG230 Gambling Permit; Anoka Area Ice Arena, Raffle on December 10, 2023. Councilmember Wesp said he would be abstaining due to a potential conflict. RESOLUTION Mr. Lee shared a background report stating Anoka Area Hockey Association has submitted an application for a State LG230 Off-Site Gambling Permit to allow for a raffle at the Anoka Area Ice Arena on December 10, 2023, and requires approval of the municipality in which the event will take place. Staff has reviewed the application and no concerns or objections have been expressed. Motion by Councilmember Scott, seconded by Councilmember Weaver, to adopt a resolution recommending the issuance of a State issued LG230 Off-Site Gambling Permit for Anoka Area Hockey Association raffle event at the Anoka Area Ice Arena December 10, 2023. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, and Weaver Wesp voted in favor. Councilmember Wesp abstained. Motion carried. 10. UNFINISHED BUSINESS None. 11. NEW BUSINESS 11.1 Appointment to Parks and Recreation Board. Mr. Lee stated currently the City has one vacancy on the Parks and Recreation Board. This a partial term vacancy that will have an expiration date of December 31, 2025. City staff has been publishing notice of vacancies per City policy. Staff has also contacted past applicants in the last 12 months who have applied to the Board and not appointed to notify them of this opening. He said three October 2, 2023 (Regular) Page 22 of 23 applications were received from Jacob Hanson, Anna Hauglie, and Sandy King, and asked Council to make an appointment. Councilmember Weaver offered his support to appoint Anna Hauglie as she was very involved in both the business community and youth. Motion by Councilmember Weaver, seconded by Councilmember Wesp, to appoint Anna Hauglie to the Parks and Recreation Board for a term to expire December 31, 2025. Councilmember Skogquist said he appreciated the recommendation but offered his support for Jacob Hanson as he had a great background and was the only applicant to provide references, three of which were from golf department staff. He said Mr. Hanson has a diverse perspective and has applied three times before and for that reason only would not be supporting Ms. Hauglie’s appointment. Councilmember Weaver agreed Mr. Hanson would be a great addition and encouraged him to apply for the upcoming vacancies later this year, especially as he has been very involved in disc golf. Vote taken. Councilmember Skogquist voted nay. Motion carried. 11.2 Appointment to Waste Reduction and Recycling Board. Mr. Lee stated currently the City has one vacancy on the Waste Reduction and Recycling Board for a partial term that expires December 31, 2024. City staff has published notice of vacancies per City policy and contacted past applicants who had applied and were not appointed and received applications from Brenda Belland and Veronica Jones. Motion by Councilmember Skogquist, seconded by Councilmember Weaver, to appoint Veronica Jones to the Waste Reduction & Recycling Board for a term to expire December 31, 2024. Councilmember Wesp thanked the Board for sharing their input on expanding the Board and recommending Ms. Jones as their selection for appointment. Vote taken. All ayes. Motion carried. 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. October 2, 2023 (Regular) Page 23 of 23 None. ADJOURNMENT Councilmember Wesp made a motion to adjourn the Regular Council meeting. Councilmember Scott seconded the motion. Vote taken. All ayes. Motion carried. Time of adjournment: 11:06 p.m. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerk