Anoka City Council

March 18, 2024 (Regular) Page 1 of 13 REGULAR MEETING OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS MARCH 18, 2024 1. CALL TO ORDER Mayor Rice called the regular meeting of the City Council to order at 7:06 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; Police Chief Eric Peterson; Assistant City Engineer Ben Nelson; Public Services Administrator Lisa LaCasse, Public Works Director Mark Anderson; Community Development Director Doug Borglund; Senior City Planner Clark Palmer; City Attorney Scott Baumgartner; and Utility Director Del Vancura. Absent at roll call: None. 3. COUNCIL MINUTES 3.1 March 4, 2024, Regular Meeting. Councilmember Skogquist noted a correction needed on Page 9, second paragraph changing the sentence to “...no concerns with eliminating mini storage and carwashes as proposed...” Motion by Councilmember Skogquist, seconded by Councilmember Weaver, to approve the minutes of the March 4, 2024, Regular Meeting as corrected. Councilmember Weaver said the minutes referred to a worksession that was to be held on the proposed code amendment scheduled for later on in this agenda. City Manager Greg Lee explained the self-storage aspect of the code amendment was not included in this agenda item and would be addressed separately at the April 8 meeting. Community Development Director Doug Borglund further explained how the amendment did not include self-storage but still contained carwashes. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 4. OPEN FORUM March 18, 2024 (Regular) Page 2 of 13 4.1 Anoka Masonic Lodge; Announcement of Donation. Greg Vokovan, Past Master of the Anoka Masonic Lodge, announced that the Anoka Masonic Lodge will be donating 13 fire suppression tools to the Anoka Police Department/Anoka-Champlin Fire Department. They will be making the formal presentations on March 27 at the Masonic Lodge and shared how first responders could use the tool to suppress fires and allow additional time for firefighters to fully extinguish a fire. He shared plans to provide 40 units to Anoka County in the future and offered how the public could help with this goal through an event on April 27 at 10K Brewing, adding the Masonic Lodge has donated almost 200 of these devises to date. Police Chief Eric Peterson commented how these units can be deployed by an officer who responds first and help knock down a fire and that insurance companies will be supportive of this as well. He said the City was honored and proud to be recipients of these units. Mayor Rice noted in addition to decreasing property loss the device also provides greater safety for firefighters. Mr. Vokovan said they will host demonstrations of the units at the donation event. John Freeburg, Anoka Masonic Lodge, shared Charlie Horn who paid for City Hall was a Free Mason as well. 4.2 Police Activity Update. Chief Peterson shared about incidents during the recent St. Patrick’s Day celebrations in the downtown area then highlighted Officer Holton and K-9 Cane who participated in a narcotics certification event and secured their certification as a top team and placed 1st and 2nd in different events. He said Officer Sorteberg and K-9 Bravo will be receiving a medal of honor for their work in a case of February 2021 then spoke about the school resource officer bill signed into law and how errors in the original law have been corrected and that staff was working on securing a new contract with Anoka Hennepin School District. OTHER INFORMATION UNDER OPEN FORUM Noah Stockyard, 129 Webster Street, said he recently moved to Anoka and noticed a lack of parking on the west side of Rum River compared to the east side and requested consideration of additional parking. Chief Peterson noted the street reconstruction program is currently reviewing additional parking opportunities but will follow up then noted there is no parking from 2AM-6AM throughout the City and encouraged Mr. Stockyard to attend an upcoming Parking Advisory Board to further share his comments. March 18, 2024 (Regular) Page 3 of 13 Senior City Planner Clark Palmer noted an application for a parking lot required as part of the Franklin Elementary School’s site plan review is almost ready to be issued which should assist with some parking concerns. Councilmember Skogquist added busing may not be so intense after the school project is complete and will be interested to see their philosophy as they may be creating a parking lot to help address their parking and allow for more street parking. 5. PUBLIC HEARING(S) None. 6. CONSENT AGENDA Motion by Councilmember Wesp, seconded by Councilmember Scott, to approve Consent Agenda Items 6.1 through 6.3 as presented. 6.1 Approve Verified Bills. 6.2 Revising and Setting Council Calendars. 6.3 Recommended Approval of LG220 Raffle Permits for Anoka Tornadoes Football Booster Club, September 13, September 27, October 17 and October 25, 2024. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS None. 8. PETITIONS, REQUESTS AND COMMUNICATION None. 9. ORDINANCES AND RESOLUTIONS 9.1 RES/Accepting 2023 Donations and Contributions. RESOLUTION Finance Director Brenda Springer shared a background report stating Minnesota Statute Section 465.03 requires that municipalities accept all contributions, donations and grants through adoption of a resolution. Annually, the City Council will be presented with a resolution for adoption recognizing and accepting March 18, 2024 (Regular) Page 4 of 13 donations and contributions from various contributors for a variety of projects or expenditures, along with the conditions, if any, as established by the contributor. Mayor Rice named all contributors and thanked them for their contributions to the City. Motion by Councilmember Scott, seconded by Councilmember Wesp, to adopt a resolution accepting donations received by the City of Anoka in 2023. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.2 RES/Setback Variance; 822 River Lane. RESOLUTION Councilmember Weaver shared his daughter is married to the son of the applicant’s family and asked if a conflict of interest exists. Mr. Baumgartner said this relationship does not fit the definition of a conflict of interest as there is no financial benefit or disqualifying conflict of interest. Mr. Palmer shared a background report stating Paulson Construction, on behalf of the property owners of 822 River Lane, is seeking a setback variance for a proposed 3-season porch. The porch will replace a deck in the same location. The porch is proposed to be setback from the side lot line by 8 feet. While decks (accessory structures) are allowed a minimum side-yard setback of 5 feet, once a roof is placed over the deck it’s considered to be part of the principal building and subject to principal structure setback requirements. The subject property is zoned R-1 Low Density Residential. The minimum side-yard setback is 10 feet. The Planning Commission reviewed the application and held a public hearing at their March 6th regular meeting. The Planning Commission recommended approval. Councilmember Skogquist asked when constructed it met all requirements and if there used to be a 7-foot setback variance. Mr. Palmer explained this is an attached garage and would be allowed to be within 5 feet of a property line and is still conforming. Councilmember Skogquist supported the variance but was concerned about how cities define accessory uses and the differences between decks and porches and what’s allowed and suggested a condition be included that the porch could never be converted to living space in the home. Mayor Rice commented suggested a setback of 10 feet because windows are included in a porch and that garages can be closer as they are not living space. March 18, 2024 (Regular) Page 5 of 13 Councilmember Wesp said he was pleased the Talbots spoke with their neighbors first and supported the proposal and allowed for the alterations to setbacks. Motion by Councilmember Wesp, seconded by Councilmember Scott, to adopt a resolution for approval of a setback variance at 822 River Lane. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.3 RES/Signs Variance; 601 Green Haven Parkway (Jimmy John’s/Baskin Robbins). RESOLUTION Mr. Palmer shared a background report stating Phoenix Signs – Dave Mason on behalf of the property owner, Josh Peterson, is requesting approval of a sign plan for the property located at 601 Green Haven Pkwy. In 2023, the Jimmy John’s/Baskin Robbins restaurant received site plan approval. Proposed signage was not specifically reviewed at the time of site plan review. The property is located on a corner lot and will host two tenants. Per City Code, “the planning commission may recognize separate sign plans for multi-tenant buildings which will supersede this article. The sign plans which have been approved by the planning commission will have the effect of a sign ordinance for specific property. The procedure for approval of sign plans that exceeds the limits of this Code shall be that of a variance described in section 78-35.” Under current City Code, a single-tenant business use on a corner lot is allowed the following: • Two business signs of 40 sq. ft. each. • A freestanding pylon sign not exceeding 150 sq. ft. • Total sign area not exceeding 200 sq. ft. Because the property will host two tenants and is located on a corner, the applicant is requesting approval of four business signs (2 for each tenant) and a greater sign allowance. Each business sign is proposed at 35 sq. ft. each. In total, the proposed sign plan includes 4 wall mounted business signs at 35 sq. ft. each and one freestanding pylon sign at 130 sq. ft. The applicant is asking for the following sign variance: 1. A sign variance to allow four (4) business signs of 35 sq. ft. each. and a total sign allowance of 270 sq. ft. The Planning Commission reviewed the application and held a public hearing at their March 6 regular meeting and recommended approval subject to the conditions that outdoor sign lighting shall be controlled with a dimmer that provides the ability to control illumination levels. Councilmember Weaver asked if dimmer switches will be installed on the LED sign as they can be annoying and supported additional conditions such as limited hours. Mr. Palmer explained the action was not for approval for an electronic message. Mr. Borglund explained this was a box sign that would not be dynamic or contain a continuous message change. March 18, 2024 (Regular) Page 6 of 13 Councilmember Wesp spoke about intent of the two signs on the back of the building and if it would be intrusive to the nearby American Cooperative or Health Partners clinic. Mr. Palmer further explained the proposed signage. Dave Mason, Phoenix Signs, said the intent was to have the sign light 24/7 and saw nothing in code that prohibited this then spoke about a dimmer switch installed in the event it becomes a problem in the future. He spoke further about scale brightness and how there is motion but a constant light and how LEDs are designed to hit the white space and portray light in a condensed fashion. Mayor Rice spoke about Mauer Autos proposed sign and the number of lumens and how this didn’t become intrusive. Mr. Palmer stated MnDOT also regulates lumen levels on highways and that the applicant would have to comply with certain standards. Councilmember Wesp confirmed the sign message wouldn’t change but did they have the ability during certain hours to dim the sign. Mr. Palmer shared the code spoke about allowing the City to address signage if too bright but there was nothing in code that requires signs be shut off during certain hours. Councilmember Wesp referred to the City’s request to Anoka County to dim their sign for the fair. Councilmember Weaver said the request is for a variance but the City doesn’t have the ability to request dimming the sign after hours. Mr. Baumgartner agreed but said we would want the conditions to be close to others signs in the area. Ron Prokop, American Cooperative, suggested the sign be illuminated only during their 10AM-9PM business hours. Mr. Mason asked how many pylon signs were along Highway 10. Mr. Palmer estimated 10-14 signs were located and most were issued under a regular sign permit and were typically variable message boards. Councilmember Wesp explained how neighbors in this instance have voiced their concerns and if the applicant has the ability to turn the sign down makes sense and suggested setting parameters now. Mayor Rice shared comments how we know signs can be an issue, such as the County fair sign which was addressed but said if deemed too bright the dimmer switch could be used. March 18, 2024 (Regular) Page 7 of 13 Borgie Bonthuis, 712 River Lane, noted all lights are now LED and how older signs are worse and suggested being proactive instead of reactive. She said if approved the City would be allowing two signs on the front which will be double the light and how the applicant chose to put two businesses in one location near residential area. Councilmember Weaver said the only reason this is being discussed is because there is a variance and suggested the Planning Commission work to create a provision to dim signs after a business’ regular hours. Motion by Councilmember Weaver, seconded by Councilmember Wesp, to adopt a resolution for approval of a sign variance, 601 Green Haven Parkway, Jimmy John’s/Baskin Robbins with the condition that the sign is dimmed to 60% of illumination after business hours. Councilmember Scott asked if 100% is at same brightness as neighboring signs. Mr. Mason explained how signs can be dimmed and how the sign needs to be perpendicular to Highway 10 and won’t be directed towards the apartment building. Councilmember Scott suggested a friendly amendment to dim to 75% instead. Councilmember Weaver said all signs require a photometric plan and that’s why it will be important to be proactive instead of reactive as LEDs are the future. Mr. Baumgartner spoke about the condition to control illumination levels and if the condition should include the building or just the pylon sign and suggested that this could be reworked as an alternative. Mr. Mason noted not all signs are on one dimmer. Logan Thompson, Planning Commissioner, clarified his motion at the Planning Commission meeting was for a dimmer for both the building and pylon signs. Mr. Palmer said signage will be no taller than 35 feet above highway grade and will still require a permit which will ensure nothing taller than 35 is constructed, including both the pylon and sign face. Councilmember Wesp said typically building signs are turned off but the pylon sign will remain lit and didn’t feel the building signs needed a dimmer. Mayor Rice clarified if the friendly amendment was for the pylon or building sign and said lighted letters on the building were not a concern to him. Councilmember Scott said he wanted the pylon sign included with the building sign. March 18, 2024 (Regular) Page 8 of 13 The motioner and seconder accepted the friendly amendment to Condition 1 that the pylon sign lighting shall be controlled by a dimmer switch and when both closed the pylon shall be dimmed or reduced to 75% of full illumination. Councilmember Weaver suggested the dimmer be added as well. Mayor Rice shared concerns that dimming afterwards can be difficult for LED lights. Mr. Mason explained circuitry and how it would be easy to dim and could include an on/off switch instead. Dave Bonthuis, 712 River Lane, noted the request is for a very large sign at 7.5 x 17 feet. Motion by Councilmember Weaver, seconded by Councilmember Wesp, to adopt a resolution for approval of a sign variance, 601 Green Haven Parkway, Jimmy John’s/Baskin Robbins with the amended condition that all outdoor sign lighting, including the pylon sign, shall be controlled with a dimmer that provides the ability to control illumination levels and that when both businesses are closed the pylon sign illumination shall be dimmed or reduced to 75% of full illumination. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.4 RES/Conditional Use Permit; 128 Pleasant Street. RESOLUTION Mr. Palmer shared a background report D-Best Auto Repair is requesting approval of a conditional use permit (CUP) for an auto repair use for the property located at 128 Pleasant Street. The property is zoned B-6 Neighborhood Commercial. A CUP is required for establishment of an auto repair use within the applicable zoning district. The applicant has submitted a site plan showing proposed parking and a new privacy fence for screening as required by City Code. Auto repair uses within the B-6 zoning district are subject to specific CUP standards. The Planning Commission reviewed the application and held a public hearing at their March 6 regular meeting. The Planning Commission recommended approval subject to the specific CUP standards as listed and additional conditions of approval as recommended by the Planning Commission. David Francisco, applicant, said they were renting the building with the option to purchase in the future and do not do body work so there will be no junk cars and that waiting vehicles would be parked behind in the fence area. Councilmember Wesp shared history of the site that included concerns with outdoor storage and parking complaints and shared further comments about how March 18, 2024 (Regular) Page 9 of 13 this was a good use of the building and will be successful but cannot include outside storage of junk. Councilmember Skogquist shared similar comments about the past tenant and was supportive of the conditional use permit. Motion by Councilmember Skogquist, seconded by Councilmember Weaver, to adopt a resolution for approval of a conditional use permit, 128 Pleasant Street. Mr. Baumgartner suggested the property owner sign an acknowledgment for the CUP. Mr.Francisco said the property owner signed the CUP application and acknowledged the request. Mr. Palmer added the property owner was at the Planning Commission meeting and understood the requirements if approved. Mayor Rice asked about business hours of 8AM-6PM and work occurring after hours. Mr. Francisco explained work hours that would provide leeway but still be within the noise ordinance then noted there will be staff present after 6PM and suggested changing the CUP to be consistent with the noise ordinance. Mayor Rice said hours of operation are a subjective time and different from office hours and work hours and offered a friendly amendment for 8AM-7PM. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. Mr.Francisco stated they were at the 301 West Main Street site for many years and worked hard to clean up that site. 9.5 ORD/Zoning Text Amendments; Amending Chapter 78 – Zoning, Article V – District Regulations, Division 3 – Business Districts and Division 4 – Industrial Districts. 2nd Reading ORDINANCE Mr. Palmer shared a background report stating one of the goals of the Planning Commission in 2024 is to review the City’s use regulations in each zoning district. The Planning Commission is proposing a number of zoning text amendments concerning car washes and self-storage building uses. Freestanding car washes as a principal use of property are currently allowed in the B-1 Highway Business and B-6 Neighborhood Commercial zoning districts as a conditional use. The Planning Commission proposes to remove this use from those zoning districts. This would result in freestanding car washes being prohibited throughout the City. Car washes as an accessory use, such as part of a service station, will still be allowed. Indoor self-storage facility is currently an allowed use in the B-1 Highway Business zoning district as a conditional use. March 18, 2024 (Regular) Page 10 of 13 “Indoor self-storage facility” means a climate-controlled building with controlled access that contains varying sizes of internally accessible individual, compartmentalized, and stalls or lockers for the storage of tenants' goods or wares. The Planning Commission proposes to remove indoor self-storage as an allowed use in the B-1 and add it as an allowed use in the M-3 Light Industrial/Commercial Overlay Mini-storage (outdoor self-storage) is currently an allowed use in the M-3 Light Industrial/Commercial Overlay zoning district as a conditional use. “Outdoor self-storage facility” means a building or group of buildings in a controlled access and fenced facility that contain varying sizes of externally accessible individual, compartmentalized, and stalls or lockers for the storage of tenants' goods or wares. Planning Commission proposes to remove “mini-storage facilities” as an allowed use in the M-3 and replace it with indoor self-storage facility. In summary, the following changes are proposed: Remove “Car washes” as an allowed use in the B-1 and B-6 zoning districts. The Planning Commission held a public hearing on the proposed amendments at their regular meeting on February 21, 2024. No public input was received at the public hearing and no changes have occurred since first reading. The Planning Commission recommended approval of the proposed amendments. He stated this was second reading of the ordinance and addressed car washes and self-storage building uses and how first reading was held on March 4, 2024 and per Council direction indoor self-storage facility has been removed from the ordinance and only pertains to car washes and mini-storage facilities. In summary, the following changes are proposed: Remove “Car washes” as an allowed use in the B-1 and B-6 zoning districts. Remove “Indoor self-storage facility” as an allowed use in the B-1. Add “Indoor self-storage facility” as an allowed use in the M-3. Remove “Mini-storage facilities” as an allowed use in the M-3. Motion by Councilmember Weaver, seconded by Councilmember Skogquist, to hold second reading and adopt an ordinance amending Chapter 78 – Zoning, Article V – District Regulations, Division 3 – Business Districts, Division 4 – Industrial Districts, Section 78-265 (B-1), Section 78-270 (B-6), Section 78-291 (M-3) removing reference to indoor self-storage for further review at a future worksession. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.6 RES/Summary Resolution for Zoning Text Amendments; Amending Chapter 78 – Zoning, Article V – District Regulations, Division 3 – Business Districts and Division 4 – Industrial Districts. RESOLUTION Mr. Palmer shared a this is a summary resolution for the ordinance amending Chapter 78 – Zoning, Article V – District Regulations, Division 3 – Business Districts and Division 4 –Industrial Districts. March 18, 2024 (Regular) Page 11 of 13 Motion by Councilmember Wesp, seconded by Councilmember Scott, to adopt a resolution for summary publication for amending Chapter 78 – Zoning, Article V – District Regulations, Division 3 – Business Districts, Division 4 – Industrial Districts, Section 78-265 (B-1), Section 78-270 (B-6), Section 78-291 (M-3). Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 10. UNFINISHED BUSINESS None. 11. NEW BUSINESS None. 12. UPDATES AND REPORTS 12.1 4th Quarter Financial Report. Finance Director Brenda Springer shared the 4th quarter financial report that included general fund highlights, overall expenses up $2,184,500 from 2022, general fund revenue review, governmental fund balance of $6 million, and enterprise fund highlights including operating funds in all with the exception of liquor. She reviewed internal service funds and investment holdings status and said the City continues to plan for the future. She said Anoka’s biggest challenge was increased cost of business and capital improvements but said the City remains very solid financially. Councilmember Wesp asked about the increase in professional services of $790,000 and revenue intake to offset that increase. Ms. Springer explained the revenue increase was $400,000 to help offset the building cost increase. Mr. Borglund explained further about Rum River Consulting and the increased plan review for VOA Phase 3 as well as some other projects that needed additional professional services. Councilmember Skogquist said construction can ebb and flow and it is good to have a consulting service available to assist when needed then asked about the full-time equivalent for comparison. Mr. Borglund said the cost of a consultant was equivalent to 2.5 full-time employees and how this would be very difficult to do inhouse at this level, adding the firm’s availability provides coverage of specialties and multiple inspections. Councilmember Skogquist said review of building fees will be occurring at some point in the future and if fees are adjusted will we see an increase in revenue and March 18, 2024 (Regular) Page 12 of 13 expense portion as well. Mr. Borglund said we did adjust fees this year and will do another one next year but that staff had wanted to stage increases since we were so low for a long period of time. 12.2 Legislative Discussion and Updates. Mr. Borglund shared a legislative update on pending legislation that could undermine cities in making land use decisions, increased housing density, and remove cities’ right to take away zoning and land use. He said the proposed legislation would remove the ability to hold public hearings, set minimum lot sizes. He said removal of the public process and loss of local control could occur along with restrictions on architectural finish materials such as in a historic preservation area. Councilmember Skogquist spoke about eliminating community input and if there would be a way to still create local controls around our current historic districts if the bill becomes law. Mr. Borglund said he was not sure at this point but noted other cities had these concerns such as Hastings, Red Wing, and Stillwater. Councilmember Weaver shared concerns about this potential change from local district to a state district. Mr. Borglund confirmed Council supported bring a resolution forward in opposition to the current housing bill and the need to continue to support local control. Utility Director Del Vancura commented how as the legislature pushes to meter both electric and water for individual units there will be work from the MMUA to lobby against this as it would work against lower income residents. Councilmember Scott shared an update on the Anoka County jail relocation legislation outside of a county seat that included testifying in Senate committee and passed and the addition of another bill author. Councilmember Skogquist spoke about the companion bill in the Local Government committee which was laid over to be included in larger bill and how there seemed to be support overall and with legislative partners in both the House and Senate the bill was looking more positive. 12.3 Tentative Agenda(s). The Council reviewed the tentative agendas of the upcoming Council meetings. March 18, 2024 (Regular) Page 13 of 13 12.4 Staff and Council Input. Councilmember Weaver asked for an update on the status of a skate park and donations at John Ward Park. ADJOURNMENT Councilmember Wesp made a motion to adjourn the Regular Council meeting. Councilmember Scott seconded the motion. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. Time of adjournment: 9:29 p.m. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerk