Anoka City Council

November 6, 2023 (Regular) Page 1 of 11 REGULAR MEETING OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS NOVEMBER 6, 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. Also present: City Manager Greg Lee; Community Development Director Doug Borglund; Assistant City Engineer Ben Nelson; City Attorney Scott Baumgartner; Senior City Planner Clark Palmer; Better Value Liquors, Liquor Operations Manager Kevin Morelli; Public Works Director Mark Anderson; Utility Director Del Vancura. Absent at roll call: None. 3. COUNCIL MINUTES 3.1 September 25, 2023 Worksession. October 9, 2023 Closed Executive Session. October 16, 2023 Regular Meeting. October 23, 2023 Special Meeting. Motion by Councilmember Skogquist, seconded by Councilmember Scott, to approve the minutes of the September 25, 2023 Worksession, October 9, 2023 Closed Executive Session, October 16, 2023 Regular Meeting, and October 23, 2023 Special Meeting as presented. Vote taken. All ayes. Motion carried. 4. OPEN FORUM 4.1 Update: Anoka Halloween on Halloween Events and Better Value Liquors on Tasting Event. Vickie Violet, Anoka Halloween, shared about the many events from Anoka Halloween that included the Anoka Firefighters Relief Association, Movies in the Park, Booze N Bags, and the Better Value Liquors Tasting Event. She thanked everyone for their support, especially Kevin from Better Value Liquors for his work. November 6, 2023 (Regular) Page 2 of 11 Kevin Morelli, Better Value Liquors, shared more about the tasting event intended to mimic what goes on in the stores and included a THC education table. He shared about the food trucks present during the event and the over 200 attendees and felt the event went very well. Councilmember Scott said the tasting event was very well conducted and attended and thanked everyone for their work. Ms. Violet shared how 210 people attended the tasting event this year and how online ticket sales help track attendees and how social media and ticketing made the process less expensive. She shared the Lions gift of $1,600 as part of the event then presented the City with a check for $4,007.18. She said while there was one incident that occurred overall the event was very successful and thanked the Council for their support. Councilmember Skogquist thanked the Lions for their work to get more people to attend events in the tent and for all the work they do. 4.2 Police Activity Update. Police Chief Eric Peterson shared an update regarding Anoka Halloween that included all three parades went well without incident. He shared about the tent party at capacity and many people visiting the bars with one minor incident that resulted in removal of the individual from the tent for inappropriate behavior. He shared more about arrests made that weekend and how staff will meet to explore options to improve public safety going forward during large event nights such as these. He shared about recent reports of scams from people portraying the names of real officers and requesting payment as result of a court proceeding and encouraged people to be cautious and wary. Councilmember Skogquist inquired about concerns during large events and if other departments can assist. Chief Peterson explained that assistance from departments happens organically through coverage of other areas of the City but not specific to the event. Councilmember Weaver referred to the number of cups and beer bottles found between Wheelhouse and Serums and the need for this to be addressed. Chief Peterson said staff will be meeting with the bar owners to provide stern direction to monitor that more closely, adding while officers could not address this behavior on October 28 they otherwise do. City Manager Greg Lee said staff will meet to discuss the entertainment district and present options for consideration along for the bar and restaurant owners at the November 27 worksession. 4.3 Highway 10 Anoka Construction Update. November 6, 2023 (Regular) Page 3 of 11 Assistant City Engineer Ben Nelson shared an update regarding Highway 10 construction. OTHER INFORMATION UNDER OPEN FORUM Heather Clarkson, Anoka, shared concerns about Anoka being proclaimed as the Halloween Capitol of the World and said as an ordained minister and a faith- based person the proclamation commits and dedicates Anoka to the devil, resulting in God’s blessings being limited and encouraged the Council to change their minds on this designation. 5. PUBLIC HEARING(S) None. 6. CONSENT AGENDA Councilmember Skogquist asked to remove Item 6.3 for discussion. He said he supported Chair Taha’s request for a leave of absence but shared concerns about not having a process in place for leave which could result in a slippery slope. He added he did not think the leave was really necessary as a member could miss three consecutive meetings and noted the Human Rights Commission only met quarterly. Councilmember Weaver said the request was admirable in order to protect removal from the Commission and suggested creating an exception. Councilmember Skogquist agreed but said without a process in place everything could be an excused absence. Councilmember Weaver suggested granting the leave subject to discussion, adding members are volunteers and that he looked forward to Chair Taha’s return. Mayor Rice agreed the discussion should occur on how to resolve going forward but supported granting the request at this time. Mr. Lee asked if the Council wanted to address changing the policy for leave requests unless granted by City Council. Mayor Rice said the Council should decide on the parameters for leave. Motion by Councilmember Skogquist, seconded by Councilmember Scott, to approve Consent Agenda Items 6.1 through 6.5 as presented. 6.1 Approve Verified Bills. 6.2 Revising and Setting Council Calendars. 6.3 Leave of Absence from Human Rights Commission; Chholing Taha. November 6, 2023 (Regular) Page 4 of 11 6.4 U.S. Highway 10/169 Improvement Project; Approve Change Order Numbers 69 and 79. 6.5 Highway 10 Rum River Bridge and Corridor Project; Approve Change Order Number 64. 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 ORD/Text Amendment; City Code Chapter 30 Environment, Article V Surface Water Management, Section 30-100 Land Disturbance Permit and Erosion Control Plan. (2nd Reading) ORDINANCE Assistant City Engineer Ben Nelson shared a background report stating on October 16, 2023, City Council held first reading of the proposed ordinance amendment(s) to City Code Chapter 30 and made a motion directing staff to include additional language in the ordinance to protect the agriculture land areas within Anoka. Included with the second reading, subpart b (2) of section 30-100, now contains the following language; “disking”, “planting”, “plowing”, and “tilling”. 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 National Pollution Discharge Elimination System permit. This amendment to Chapter 30 is necessary for compliance with the changes to new language from the 2020 MS4 (Municipal Separate Storm Sewer Systems) General Permit to provide clarity into expectations of the treatment of stormwater. The proposed ordinance amendments include: • The water quality volume is calculated as one (1) inch times the sum of the new and fully reconstructed impervious surface. Under the existing ordinance, the water quality volume for redevelopment projects in which greater than 50% of the project area was disturbed was calculated as one (1) inch times the new and existing impervious surface. • Additional provisions have been added for use of infiltration systems. • For Linear November 6, 2023 (Regular) Page 5 of 11 Projects, the water quality volume must be calculated as the larger of one (1) inch times the new impervious surface or one-half (0.5) inch times the sum of the new and fully reconstructed impervious surface. • An order of preference for mitigation projects was added to align with the MS4 Permit. • Maintenance provisions for Private Stormwater Treatment Systems were added into the ordinance. He said staff recommended that City Council adopt the summary resolution amending City Code Chapter 30 Environment, Article V Surface Water Management, Section 30-100 Land Disturbance Permit and Erosion Control Plan. Councilmember Weaver said he appreciated the added language but had concerns about the language regarding the 300-foot distance from a body of water as that will not work because the nature preserve field is within 75 feet of the river. Mr. Nelson this language was from the previous code, adding there is certain distance included from the Rum River. Councilmember Skogquist noted anyone is allowed to till within 300 feet based on State law anyway from the Rum River today and asked about the delineated buffer distance. Discussion was held regarding aerials showing the normal high-water mark. City Attorney Scott Baumgartner explained how some Statutes say cities can be more restrictive while others are superseded and would need to research this statute in order to properly respond. Mayor Rice noted farmers likely till as close to the river as possible and said every parcel has different property lines and suggested postponing this item until the Statute research can be conducted. Motion by Councilmember Wesp, seconded by Councilmember Skogquist, to postpone second reading of an ordinance amending Chapter 30 Environment, Article V Surface Water Management, Section 30-100 Land Disturbance Permit and Erosion Control Plan to November 20, 2023. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.1.A. RES/Amending City Code Chapter 30 Environment, Article V Surface Water Management, Section 30-100 Land Disturbance Permit and Erosion Control Plan. RESOLUTION Motion by Councilmember Wesp, seconded by Councilmember Skogquist, to postpone adoption of a summary resolution amending City Code Chapter 30 Environment, Article V Surface Water Management, Section 30-100 Land Disturbance Permit and Erosion Control Plan to November 20, 2023. November 6, 2023 (Regular) Page 6 of 11 Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.2 ORD/Amending Chapter 54 Streets, Sidewalks, and Other Public Places, Article VII, Sidewalk Seating Areas, Section 54-336 Operation of Outdoor Seating Areas. (1st Reading) Community Development Director Doug Borglund shared a background report stating the City Council in May of 2017 amended the City Code to allow the placement of tables and chairs allowing businesses who serve food and beverages to extend their operations into the public right-of-way. Existing Chapter 54, Article VII Sidewalk Seating Areas is intended to facilitate outdoor dining by local business establishments in order to create an active streetscape, enhance the economic and social vitality of the city, and promote pedestrian and retail friendly activity; to allow for the use of the public right-of-way for such outdoor dining; and to expedite the approval of such facilities while ensuring that the public's use of the sidewalks will not be significantly impaired by such dining, and that adjacent commercial and residential uses will be protected from any adverse impacts from such dining. The City Council briefly discussed a proposed amendment to Chapter 54, Article VII, Section 54-336 at its regular scheduled work session on September 25, 2023 and provided feedback/direction on the proposed amendment of Chapter 54, Article VII, Section 54-336, while recapping the most recent Social District activities. The draft amendment that is being presented for first reading reflects a strikethrough and underline of certain language regulating the use of glass or breakable beverage containers in a sidewalk seating area, which is found in Section 54-336 Operation of Outdoor Seating Areas. Councilmember Weaver thanked staff for this change as this was common sense and important to help the outdoor patios be successful. Motion by Councilmember Weaver, seconded by Councilmember Skogquist, to hold first reading of an ordinance amending Chapter 54 Streets, Sidewalks and Other Public Places, Article VII. Sidewalk Seating Areas, Section 54-336. Operation of Outdoor Seating Areas of the Code of the City of Anoka Minnesota. Mr. Lee said staff will be meeting with the bar and restaurant owners on November 15 to inform them of this direction. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.3 ORD/Amending Chapter 74 Vegetation, Article II. Tall Grass and Brush and Noxious Vegetation. (1st Reading) November 6, 2023 (Regular) Page 7 of 11 Mr. Borglund shared a background report stating existing Chapter 74 regulates the growth of grass, weeds, or brush and vegetation, which are not part of an orderly landscape design. The City Council at its regular meeting on October 16, 2023 approved second reading of amendment(s) to Chapter 74 Article II including language that address the State mandate of Natural Managed Landscapes and further address the required MRCCA regulations calling for exemptions related to vegetation. As part of second reading, the City Council approved the amendments to Chapter 74 as proposed and requested additional exemptions be added addressing agricultural activity and other areas that could be exempted from meeting Chapter 74 as noted below: ( c) Exceptions: Additional lands that Section 74-22 (a) does not apply to: (1) "Natural areas", which shall be defined as densely wooded areas, bogs, and marshes. (2) Buffer areas of surface waters including, but not limited to, wetlands and stormwater ponds. (3) Land used for agricultural and gardening purposes. (4) Steep slopes. (5) Nature preserves. (6) Scenic easements. (7) Parks and public open space. (8) Undeveloped parcels over 1 acre in size. (9) Overhead power and gas line easements, except on developed residential lots. (10) Golf courses. He said staff is bringing forward the proposed additional exemptions requested by City Council for consideration. Councilmember Skogquist thanked staff for this work, stating there was discussion about not wanting to enforce items on some properties such as woods then asked about the property north on Grant Street which has been turned over several times with no enforcement as well as another on Dunham Oaks with lots of trees. He said these properties should be addressed but felt this action would cover the majority of issues and was adequate for now. Mr. Borglund explained the difficulty in drafting ordinances for all scenarios but said this was an attempt to use common sense as well as the law to address concerns, adding staff could still come back with more language to address unique scenarios but said hopefully this addressed the majority of concerns. Motion by Councilmember Skogquist, seconded by Councilmember Scott, to hold first reading of 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, Weaver, and Wesp voted in favor. Motion carried. 9.4 RES/Approving Agreement Between the City of Anoka and Hoisington Koegler Group, Inc. for Services Pertaining to Preparing an Update to the Anoka TOD Station Area Plan Update. RESOLUTION November 6, 2023 (Regular) Page 8 of 11 Mr. Borglund shared a background report stating on October 9, 2023 as part of a closed executive session, the City Council directed staff to move forward with planning work related to an update to the Anoka Station Plan/Moratorium Study. Staff was directed to bring forward an agreement between the City of Anoka and Hoisington Koegler Group Inc. for planning services pertaining to preparing an update to the Anoka TOD Station Area Plan Update for formal action. He said staff hoped to have the study done over the winter in time for spring review and the start of the development market. Motion by Councilmember Skogquist, seconded by Councilmember Scott, to adopt a resolution approving an agreement between the City of Anoka and Hoisington Koegler Group Inc. for services to update the Anoka TOD Station Plan. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 10. UNFINISHED BUSINESS 10.1 Rum River Channel Maintenance Project (Phase I) Update and Rum River Channel Restoration Project (Phase II) Next Steps. Mr. Nelson shared a background report stating a resolution was adopted by City Council on October 2, 2023, approving the feasibility report for the Rum River Recreation Channel Restoration Projects. The Rum River Recreation Channel Restoration Projects included both the Rum River Channel Maintenance Project (PHASE I) and the Rum River Channel Recreation Project (PHASE II). The report had a typical river channel cross-section of 40 feet wide, 2 feet to 4 feet deep, with a bottom elevation of 825 and 3:1 side slopes. PHASE I - Rum River Channel Maintenance Project - Update PHASE I, the Rum River Channel Maintenance Project 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. Rachel Contracting Inc., the general contractor for the project is anticipating to complete the dredging work by the end of November, weather dependent. The contractor’s process will include mechanical excavation by a GPS operated backhoe; hauling sediment with off-road truck to a stockpile for drying; and then transporting material off-site. The contractor’s transport plan includes equipment access from the east side of the Rum River from Akin Riverside Park and transporting sediment offsite from the west side of the Rum River. PHASE II - Rum River Channel Restoration Project - Next Steps PHASE II, the Rum River Channel Restoration Project 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). This project will be brought back to Council in December to consider waiving the public hearing and ordering the project. If Council wishes to procced with the project, this is the next November 6, 2023 (Regular) Page 9 of 11 step in the public improvement process. Council shall be aware this does not commit the City to the project. The final step committing the City to a project is at the time City Council awards the construction contract after the project is bid which will be in the spring of 2024. He said Council shall be aware an Environmental Assessment Worksheet (EAW) must be prepared for projects that will change or diminish the cross-section of one acre or more of any public water. The MN DNR Public Water Works Permit requires this document if applicable, as part of the permit submittal. To better understand this requirement, staff has provided two options for Council consideration for the DNR permitting on PHASE II of the project. Councilmember Skogquist noted a point of order regarding concerns at the last worksession regarding potential conflicts of interest with one Councilmember as property owner of one of 12 properties being rezoned and Phase II affecting properties of another. He said while he did not believe anything torrid was occurring this should be part of the discussion before action because spending money for access for seated Councilmembers could be a concern and suggested postponing the item to the December meeting. Councilmember Weaver noted he owns property on the Mississippi River and not the Rum River. Councilmember Skogquist noted he owned a vacant lot on the Rum River adjacent to Woodbury House which was abutting property. Councilmember Weaver said it was not a concern because he was not going to support the project anyway as he felt staff did not have the facts correct. He asked staff about the 60-foot channel in place and not a 40-foot channel and stated that the correct figures need to be used because numbers matter. He said he received an email from staff that we have the permits to dredge to the Mississippi River but understood the City hasn’t even applied for the permits yet. Mr. Nelson explained the City has all permits in place for Phase I and has received the permits from the Army Corps for the entire river corridor due to the Corps moved forward with the entire project due to staffing and while the general intent was consistent the DNR permit for Phase II has not been submitted yet. Councilmember Weaver said we could have applied for both at the same time but didn’t and now have to review different options. He said a 15-foot wide channel will not be enough and was a foolish and insufficient option. He said he understood the one-acre EAW but won’t be abstaining from voting because he didn’t agree with the action. He said this was not needed to go to the confluence of the Mississippi and noted there have been no discussions about the docks, adding he didn’t want to miss the dock rental and said staff missed the mark on this overall project through lack of creativity on the one-acre piece. November 6, 2023 (Regular) Page 10 of 11 Mr. Lee said we could be creative by eliminating the south 350-feet as spot approvals could happen but that we can’t do maintenance permits for the future, adding the channel width was 40 at the bottom and 60 feet at the top. Mr. Baumgartner clarified there was no action required for this item as it was just an update. He shared the opinion on zoning based on conflict and said it was difficult to address as it was not always clear. He commented about the purpose of the project that would benefit all property owners versus the overall objective for the City and while difficult to discern will review the question further. Councilmember Skogquist made a motion to postpone consideration of the Rum River Channel Maintenance Project (Phase I) Update and Rum River Channel Restoration Project (Phase II) next steps until December 4, 2023. Councilmember Scott seconded the motion. Councilmember Weaver noted he will be absent for the December 4 meeting. Councilmember Wesp asked if this was simply discussion or an action item. Mr. Nelson explained this item was an update for guidance regarding phase II, adding the Council could elect to do nothing. Councilmember Weaver suggested the channel be made wider to the correct size and not disturb the one-acre piece and still get a maintenance agreement. Mr. Nelson stated we have to get the DRN permit first. Councilmember Weaver noted staff could have applied for the permit months ago and expressed frustration on the amount of additional costs because of the delay. Councilmember Wesp asked if we made revisions to the Mississippi River shoreline a few meetings ago to match the MRCCA rules, adding Councilmember Weaver lives on the Mississippi River and if that was a conflict. Mr. Baumgartner said that was not a conflict because the rules were City-wide and based Statute requirements. Mayor Rice agreed, stating the City had to adopt that ordinance because statute required it. Mr. Baumgartner said there is a balance between the City as a whole versus individual property owners. Councilmember Wesp said there were property owners from other cities endorsing this action so it was not just Anoka based. Mr. Baumgartner agreed but said there still may be collateral benefits to property owners through the overall objective and goal of the project. Councilmember Weaver said if this project fails it will destroy the dam project as well. November 6, 2023 (Regular) Page 11 of 11 Councilmember Skogquist noted a point of order stating the discussion should only be regarding the motion to postpone. Mr. Nelson clarified if the direction was to postpone to a worksession or regular meeting. Council confirmed the postponement was to the December 4 regular meeting. Councilmember Wesp offered a friendly amendment to postpone instead to the regular meeting on December 18 to allow Councilmember Weaver to be in attendance. Mr. Lee said postponing to December 18 would allow time for workshop discussion on December 11 and formal action December 18. Vote taken. All ayes. Motion carried. 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. Mr. Borglund shared the upcoming public open house at Zion Lutheran Church on November 9 regarding Anoka County’s proposed jail facility expansion. 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: 8:37 p.m. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerk