Anoka City Council

October 16, 2023 (Regular) Page 1 of 10 REGULAR MEETING OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS OCTOBER 16, 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, and Weaver. City Manager Greg Lee; Police Chief Eric Peterson; Assistant City Engineer Ben Nelson; City Attorney Scott Baumgartner; Senior City Planner Clark Palmer; Public Works Director Mark Anderson; Utility Director Del Vancura. Absent at roll call: Councilmember Wesp. 3. COUNCIL MINUTES 3.1 October 2, 2023 Regular Meeting. Councilmember Skogquist noted changes needed to page 9, paragraph 1, that the final motion should be reflected as Councilmembers Scott, Skogquist, and Mayor voting nay and did not pass the requested spelling correction on page 14 for Michelle Austin-Dehn. Motion by Councilmember Skogquist, seconded by Councilmember Scott, to approve the minutes of the October 2, 2023 Regular Meeting as corrected. Vote taken. Motion carried. 4. OPEN FORUM 4.1 Anoka Halloween; Upcoming Festival and Events. Vicki Violet, Anoka Lions, shared an overview of the upcoming tent events and activities planned for 2023 Anoka Halloween, including Anoka Firefighters Relief Fund music event with the band Hitchville, Rum River Arts Center, wrestling and movie night events, Taste of Anoka, Booze and Bags, the band Arch Allies, and others. She thanked City staff and the Police Department for their work to support the events then presented the City with a sponsorship event check which was a significant portion of actual funds raised. She said they were grateful the City October 16, 2023 (Regular) Page 2 of 10 invited them to do this work which resulted in new marketing and members, including the Anoka Women of Today. Councilmember Skogquist said he appreciate The Lions for their work in community activities and said he looked forward to the events. Councilmember Weaver thanked The Lions for the many creative ideas including tent parties, movie nights, bands, and others. City Manager Greg Lee said it has been wonderful working with The Lions and thanked them for being amenable to changing their operations and thanked them for their flexibility. Mayor Rice thanked The Lions for their work in Anoka. 4.2 Police Activity Update. Police Chief Eric Peterson shared the Anti-Crime Commission fundraising breakfast event will be held October 24 and that funds raised assisted the department in crime prevention, equipment, and outreach. He shared 2022 saw a five-year high in auto thefts at 48 and that so far 2023 was at 20 which was below average thanks to proactive policing and public education. He shared Domestic Violence Awareness Month and the progress made since 1987 to raise awareness and support and hold abusers accountable. He said while there has been updated legislation there is still a lot of work to do then shared about Alexandra House’s recent event to honor and educate the public on this need and that purple lights will illuminate the bridge and City Hall to recognize this important work. Chief Peterson shared about the recent Halloween Zombie Pub Crawl that saw a slight decrease in crowds as in the past and that no arrests occurred. He said staff was preparing for Saturday’s parade with The Lions and shared the work with the department on how to staff the many events during this time. Councilmember Weaver asked for an update on the social district and how the recent amplification ordinance was used last week. Chief Peterson responded the Zombie Pub Crawl saw multiple arrests in the past so staff prepared for similar activity and while there were still some incidents it went better than shared work on how to establish more controls to better manage going forward. He shared how a group protesting Halloween was using amplification in the City and were supplied a copy of the new ordinance to address the concerns and shared how officers will use the ordinance in conjunction with warnings and education prior to issuing citations. Councilmember Weaver inquired about the social district and how to incorporate it with other events and activities. Chief Peterson said the pilot overall went very smoothly and while they were still working on public education there were no October 16, 2023 (Regular) Page 3 of 10 large-scale events except the Vintage Fest and will continue work on evaluating needs. 4.3 Highway 10 Anoka Construction Update. Assistant City Engineer Ben Nelson shared an update regarding Highway 10 construction. Councilmember Skogquist referred to Change Order 67 on the upcoming verified bills item that paid for a solar powered flashing speed light on West Highway 10 and noted how Council and staff heard the public’s concerns about this area and was addressing them. He spoke about the possibility of a different intersection in the future through work with Anoka County on 7th Avenue. Mr. Nelson spoke about the 7th Avenue ramp and shared that Anoka County spoke with MnDOT about leaving the temporary improvements but how they were required to be removed and how the westbound ramp had to close because the signal was turned off. Councilmember Weaver said he has received more complaints about speeds when continuing up West Main Street and the difficulties getting onto Green Haven and State Street due to speeds and asked if the speed trailer tracks speeds, adding the roundabout is extremely busy. Chief Peterson said the speed trailer tracks speeds to a degree but that they have other tools that provide better data. Mr. Nelson noted with Main Street back open the area should return to pre- construction traffic levels and motorists will start using Main Street instead of Ferry Street. OTHER INFORMATION UNDER OPEN FORUM Derik Linden, Ramsey, shared his work with a citizen advocate team to support election reform. He said they have been working with Anoka County to share concerns with local governments and encourage municipalities to return elections to the local level. He shared literature that supported changing away from technology and returning to hand counting ballots and paper poll books and shared concerns with current election equipment and voter registration. 5. PUBLIC HEARING(S) None. 6. CONSENT AGENDA Motion by Councilmember Scott, seconded by Councilmember Weaver, to approve Consent Agenda Items 6.1 through 6.8 as presented. October 16, 2023 (Regular) Page 4 of 10 Councilmember Skogquist asked if there were any concerns with the proposed licenses for Frontier MN, LLC, dba; Anoka BP and if concerns continued how could the City respond. Chief Peterson said Anoka BP was issued a warning for underage sale as part of a recent compliance check but noted they passed their recheck and will continue to monitor. City Attorney Scott Baumgartner explained compliance checks that included both a criminal component along with a civil component that included suspension or revocation of the license itself if repeated activity occurred. 6.1 Approve Verified Bills. 6.2 Revising and Setting Council Calendars. 6.3 U.S. Highway 10/169 Improvement Project; Approve Change Order Number 67. 6.4 Approval of Anoka County Contract – 2024 Agreement for Residential Recycling Program. 6.5 Temporary On-Sale Liquor License; Anoka Lions Club, Halloween Events. 6.6 Approve Joint Powers Agreement with Anoka County Highway Department for the Signal Modifications at CSAH 7 and Buchanan/North Street. 6.7 Issuance of a Tobacco License for Frontier MN, LLC, dba; Anoka BP, 3770 N. 7th Avenue. 6.8 Issuance of a Cannabinoid License for Frontier MN, LLC, dba; Anoka BP, 3770 N. 7th Avenue. 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 October 16, 2023 (Regular) Page 5 of 10 9.1 ORD/Zoning Text Amendment; Establishing Chapter 78, Section 78-341 and Amending Chapter 78, Article VI; Mississippi River Corridor Critical Area (MRCCA). (2nd Reading) ORDINANCE Senior City Planner Clark Palmer shared a background report regarding this is the second reading of a zoning text amendment pertaining to the Mississippi River Corridor Critical Area (MRCCA) ordinance. There have been no changes since the first reading. 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. Local MRCCA zoning regulations are administered as an overlay district. These standards, generally speaking, 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, as currently prepared, has been reviewed and received conditional approval by the DNR. Councilmember Weaver thanked staff for their work on this long process and said the result was the most lenient versions of the MRCAA rules allowed which adopted the minimum standards. Motion by Councilmember Weaver, seconded by Councilmember Skogquist, to hold second reading and adopt 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. Councilmember Skogquist asked if this was required because the Mississippi River was part of the national park system and if language was updated regularly or will be updated again. Mr. Palmer responded the executive order in 1976 required cities adopt their own ordinances consistent with the order than in 2016 the DNR wanted more consistency throughout all cities and worked to create the new legislation that provides greater clarification to better administer the standards. Councilmember Weaver said earlier restrictions were difficult and resulted in impacts to the industrial areas of the river with fencing, rip rap, and development and that it was important the rules be somewhat flexible and allow for discretion by each jurisdiction and how this will have a great impact going forward. He thanked staff including past staff member Carolyn Braun for their great work. October 16, 2023 (Regular) Page 6 of 10 Mr. Palmer agreed the process worked well because cities were part of the process from the beginning. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, and Weaver voted in favor. Motion carried. 9.1A. Motion by Councilmember Skogquist, seconded by Councilmember Scott, to adopt a summary resolution 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. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, and Weaver voted in favor. Motion carried. 9.2 ORD/Amending Chapter 74 Vegetation, Article II. Tall Grass and Brush and Noxious Vegetation. (2nd Reading) ORDINANCE Mr. Palmer shared a background report stating the City Council held first reading of the proposed ordinance amendments to Chapter 74 and made no changes and stated no concerns. Existing Chapter 74 regulates the regulates the growth of grass, weeds, or brush and vegetation, which are not part of an orderly landscape design. Amending Chapter 74 Vegetation to address changes to existing regulations per recently adopted State Law and the updating of MRCCA Rules. The City Council discussed the proposed amendments at its regular scheduled work session on September 25, 2023 and provided feedback and direction on the proposed draft amendments. He outlined the amendments that included Managed Natural Landscapes and any privately-owned lands or premises to install and maintain a managed natural landscape and defines a number of associated, that managed natural landscapes may exceed 8 inches in height and be allowed to go to seed, but must be maintained and cannot include noxious weeds, and that weeds and grasses not part of a managed natural landscape cannot exceed 8 inches in height or be allowed to go to seed. City ordinances that are not consistent with this change would not be enforceable and may need to be amended or repealed. He said the law went into effect July 1, 2023, and supersedes any local regulations requiring residents to maintain a managed turf- grass lawn then outlined the second part that updated the MRCCA rules for restricting the height of ground cover vegetation in designated areas. Councilmember Weaver said there is still agriculture land in the City that will have tall grasses and how will this ordinance affect those areas and suggested they be specifically exempted. Mr. Palmer said those areas are already exempted as the ordinance expands managed natural landscapes but that staff could add to the October 16, 2023 (Regular) Page 7 of 10 ordinance for clarity. He noted the City currently had an ordinance that limited to six inches already but Statute changed that was defined and if we cite someone for long grass we would first look to this code for exemptions. He noted staff would not be inspecting shrubs, fields, or woods behind a home for example. Mr. Baumgartner confirmed if the City still had agriculturally-zoned land. Mr. Palmer said there is property more used agriculturally but noted the ordinance was directed to developed property and not undeveloped property. Mr. Baumgartner suggested adopting this ordinance then direct staff to review and return with other potential additions. He noted the ordinance focused on property owners with a plan such as phased development and suggested utilizing administrative powers to address situations where property owners did not have an overall plan for development. Councilmember Skogquist agreed it was worth reviewing exemptions based on improved and unimproved properties. Mr. Palmer shared an example of developments such as the Volunteers of America (VOA) not mowing during their phased construction process. Mayor Rice supported adopting the ordinance as presented then working on including exemptions once staff has had a chance to review and draft language. Councilmember Weaver noted the VOA was one of the sites that baled their vegetation and should be addressed. He said the City has been very fortunate to have agriculture land in the City as it was unique and should be retained as long as possible. Motion by Councilmember Skogquist, seconded by Councilmember Weaver, to hold second reading and adopt an ordinance amending Chapter 74 Vegetation, Article II. 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, and Weaver voted in favor. Motion carried. 9.2A. Motion by Councilmember Skogquist, seconded by Councilmember Weaver, to adopt a summary resolution amending Chapter 74 Vegetation, Article II. 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, and Weaver voted in favor. Motion carried. October 16, 2023 (Regular) Page 8 of 10 9.3 ORD/Text Amendment; City Code Chapter 30 Environment, Article V, Surface Water Management, Section 30-100 Land Disturbance Permit and Erosion Control Plan. (1st Reading) Mr. Nelson shared a background report stating as mandated by Congress under the Clean Water Act, the National Pollution Discharge Elimination System (NPDES) Stormwater Program is a comprehensive national program for addressing polluted stormwater runoff. The Minnesota Pollution Control Agency (MPCA) issues the NPDES permits for construction sites, industrial facilities, and Municipal Separate Storm Sewer Systems (MS4). As of March 2003, the City began operating under its own stormwater discharge permit and continued coverage under the 2006 MS4 and 2013 MS4 general permits. In October of 2019, MPCA staff conducted a routine MS4 audit with the City of Anoka and on October 21, 2019, the MPCA issued a Notice of Violation. On August 8, 2021, in accordance with Minnesota Rule 7001.0140, the MPCA issued coverage under the 2020 Small MS4 General Permit to the City of Anoka MS4 (expiration date November 15, 2025). New requirements to the 2020 MS4 General Permit include the annual assessment for all minimum control measures which requires the City to amend Chapter 30. The six minimum control measures include public education and outreach, public participation, illicit discharge detection and elimination, construction-site runoff controls, post-construction runoff management, pollution prevention and good housekeeping. Existing City Code Chapter 30, regulates the protection, retortion, and conversion of the surface water resources which promotes reasonable development of land based on the city’s surface water management plan and NPDES permit. This amendment to Chapter 30 is necessary for compliance with the changes to new language from the 2020 MS4 General Permit to provide clarity into expectations of the treatment of stormwater. The proposed ordinance amendments are not anticipated to have major changes in the way in which stormwater systems will be designed within the City. The amendment will satisfy the outstanding corrective actions from the notice of violation mentioned above. Councilmember Skogquist noted the City started our own permitting process and asked how we addressed the violation in 2019. Mr. Nelson said Anoka was audited in 2019 and had to wait until the new permit was issued to become compliant which was a long process. He said the permit has now been issued and will eliminate the concern and noted the violation was more administrative than actually being non-compliant. Councilmember Weaver suggested including language for exemptions regarding erosion control for land disturbances for sites more than one-quarter acre by adding terms like tilling and plowing in addition to excavation and grading. Mr. Nelson noted excavation was exempt if greater than 300 feet away from water and will confirm but a permit is only required when changing the contour of the land. October 16, 2023 (Regular) Page 9 of 10 Motion by Councilmember Weaver, seconded by Councilmember Scott, to hold first reading of an ordinance Amending Chapter 30 Environment, Article V Surface Water Management, Section 30-100 Land Disturbance Permit and Erosion Control Plan of The Code of The City of Anoka Minnesota as amended with regard to erosion control for land disturbances. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, and Weaver voted in favor. Motion carried. 10. UNFINISHED BUSINESS None. 11. NEW BUSINESS None. 12. UPDATES AND REPORTS 12.1 Tentative Agenda(s). The Council reviewed the tentative agendas of the upcoming Council meetings. 12.2 Staff and Council Input. Councilmember Weaver requested an update on the feasibility study for the dam project as well as the dredge project. Mr. Nelson shared an update on the dam modification project that included RFPs to be sent next week with proposals due November 17 and a final feasibility report due in May 2024. Councilmember Weaver asked if costs for the dam project were shared with the Legislature. Mr. Nelson said the submittal for the 2024 bonding bill was completed October 13 and included costs along with letters of support. Councilmember Skogquist suggested a proclamation be presented to Travis Gienger to recognize his world record pumpkin and being selected as grand marshal of the Anoka Halloween parade. He requested staff contact the Governor’s Office to declare Travis Gienger Day for the State as well as he has been a great champion of Anoka that has resulted in much positive impact. ADJOURNMENT Councilmember Scott made a motion to adjourn the Regular Council meeting. Councilmember Skogquist seconded the motion. Vote taken. All ayes. Motion carried. October 16, 2023 (Regular) Page 10 of 10 Time of adjournment: 8:17 p.m. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerk