Anoka City Council

May 6, 2024 (Regular) Page 1 of 10 REGULAR MEETING OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS MAY 6, 2024 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; Assistant City Engineer Ben Nelson; Community Development Director Doug Borglund; Public Works Director Mark Anderson; City Attorney Scott Baumgartner; and Utility Director Del Vancura. Absent at roll call: None. 3. COUNCIL MINUTES 3.1 April 15, 2024, Regular Meeting. Motion by Councilmember Skogquist, seconded by Councilmember Scott, to approve the minutes of the April 15, 2024, Regular Meeting as presented. Vote taken. All ayes. Motion carried. 4. OPEN FORUM 4.1 Police Activity Update. Police Chief Eric Peterson shared an update on a recent incidents of crimes of violence including a large fight that involved a knife as a result of a domestic dispute, homicide suspect in Coon Rapids, and others. He said these incidents put strain on the community and officers but noted even though these incidents appear to show that violent crimes have increased they are in fact down 17% from 2023 and down 29% from the five-year high in 2021. He said while situations will always occur, we are trending in the right direction. Chief Peterson shared that May 15 is Police Officer Memorial Day and will honor those who have lost their lives in the line of duty. He shared a total of 270 officers have died in the line of duty in the country with eight from Anoka County and this year will honor those lost from the City of Burnsville as well as Officers May 6, 2024 (Regular) Page 2 of 10 Vern Wilery and Eric Grubner from Anoka. He said the day is to honor all who sacrifice for our profession and thank the public for their support. Chief Peterson shared the Anoka social district has opened and that reports have been positive to date. OTHER INFORMATION UNDER OPEN FORUM None. 5. PUBLIC HEARING(S) None. 6. CONSENT AGENDA Motion by Councilmember Weaver, seconded by Councilmember Skogquist, to approve Consent Agenda Items 6.1 through 6.10 as presented. Councilmember Weaver encouraged the public to attend Food Truck Festival August 17. 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 77. 6.4 Highway 10 Rum River Bridge and Corridor Project; Approve Change Order Number 79. 6.5 Issuance of a Massage Therapist License for Chadwick Dutton of Anoka Massage and Pain Therapy, 710 East River Road, Anoka. 6.6 Issuance of a Massage Business License for AK Chiropractic, dba; Anoka Family Wellness, 3507 Round Lake Boulevard, Suite 300, Anoka. 6.7 Issuance of a Massage Therapist License for Brook Gahm of AK Chiropractic, dba; Anoka Family Wellness, 3507 Round Lake Boulevard, Suite 300, Anoka. 6.8 Request to Waive Area Fee for 6th Annual HopeFest. 6.9 Issuance of Social District Licenses; Billy’s Bar and Grill and The Wheelhouse. 6.10 Approve Temporary On-Sale Liquor License; Minnesota Food Truck Association, Anoka Food Truck Festival, August 17, 2024. May 6, 2024 (Regular) Page 3 of 10 Vote taken. All ayes. Motion carried. 7. REPORTS OF OFFICERS, BOARDS AND COMMISSIONS None. 8. PETITIONS, REQUESTS AND COMMUNICATION None. 9. ORDINANCES AND RESOLUTIONS 9.1 RES/Rum River Channel Restoration Project – Phase II; Approve Plans and Specifications and Set a Bid Date. RESOLUTION Assistant City Engineer Ben Nelson shared a background report stating pursuant to City Council discussion at the June 26, 2023, worksession meeting, Council’s direction was given to create/re-establish a navigation channel with minimum dimensions of 40-feet wide at bottom, and a minimum depth of 4-feet along the entire length of the Rum River from north of the Main Street Bridge to the confluence of the Mississippi River. On October 2, 2023, City Council approved 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 Restoration Project - Phase II. On December 18, 2023, City Council waived the public hearing, ordered the project, and authorized staff to apply for the MN DNR Permit together with an Environment Assessment Worksheet document for the Rum River Channel Recreation Project - Phase II. Pursuant to Minnesota Rules Part 4410.4300, an Environmental Assessment Worksheet (EAW) was mandatory for this project due to the change of the river cross-section. On April 15, 2024, City Council authorized the plans & specifications and authorized the advisement for bid for the Rum River Channel Recreation Project – Phase II. The Rum River Channel Restoration Project - Phase II 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 – Phase I (just south of the pedestrian footbridge). The proposed dredging would include the excavation for a navigation channel approximately 2,100-feet in length,40-feet wide bottom, 2-feet to 4-feet deep, with a bottom elevation of 826 +/- and 3:1 side slopes. The portion of the project that currently is in the major need of dredging is for approximately 1,500 linear feet of total 2,100 linear feet being dredged in the project. He reviewed the proposed plans and specifications and bid date of May 23, 2024. Mr. Nelson said the feasibility report estimated a total project cost including a 25% overhead and contingency of $495,000 and last month, at the time of authorizing the preparation May 6, 2024 (Regular) Page 4 of 10 plans and specifications then shared the total project estimated cost was $297,500, proposed funding sources and schedule. Councilmember Weaver confirmed the permit from the DNR goes all the way from the confluence to City Hall with a maintenance permit into perpetuity. Mr. Nelson explained there are two permits, one to the pedestrian bridge and this one will go from the bridge to the confluence and both includes conditions to allow maintenance. Councilmember Weaver confirmed there was minimal maintenance from the pedestrian bridge to the pumphouse as there wasn’t much sand in this area then asked about the amount of work to be done. Mr. Nelson explained this project is from station 650 and the area starts at 700 and goes up to 2,800, adding a very small amount of material will be coming from that area in the amount of 450 yards versus 4,000 which is a small factor on the overall project. Councilmember Weaver noted by not taking material all the way to the confluence reduces the project cost by half. Mr. Nelson noted the 650 feet is not even part of the project. Motion by Councilmember Weaver, seconded by Councilmember Scott, to adopt a resolution for the Rum River Channel Restoration Project - Phase II; Approve Plans and Specifications and Set a Bid Date. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.2 RES/Rum River Channel Restoration Project – Phase II; Approve Environmental Assessment Worksheet (EAW) Document Findings of Fact and Record of Decision, the Negative Declaration of Significant Effects or Impacts on the Environment for the Need of an Environmental Impact Statement (EIS) and to Proceed with the Project. RESOLUTION Mr. Nelson shared a background report stating in 2023, City Council approved 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 Restoration Project - Phase II. Furthermore in 2023, City Council waived the public hearing, ordered the project, and authorized staff to apply for the MN DNR Permit together with an Environment Assessment Worksheet (EAW) document for the Rum River Channel Recreation Project - Phase II. It should be understood, the EAW document was a requirement for the submission of the MNDNR Permit. The Finding of Fact and Record of Decision concluded that an EIS for the project is not needed because: a) the project does not fall within a mandatory EIS category as set forth in MN Rules, Part 4410.4400; and b) the project does not May 6, 2024 (Regular) Page 5 of 10 have the potential for significant environmental effects according to the criteria and procedures set forth in Minnesota Rules, Part 4410.1700. The next step in the EAW process is the consideration/approval of the EAW and proposed Findings of Fact and Record of Decision documents. He noted the final approved EAW document will be revised to the corrections listed under Section II, subpart b of the Finding of Fact and Record of Decision. Negative Declaration of Significant Effects or Impacts on the Environment for the need of an Environmental Impact Statement (EIS): Pursuant to MN Rules, Part 4410.1700, Subpart 4, a city’s decision shall be either a negative declaration or a positive declaration for the need of an EIS. Based on the information gathered during the EAW process and the comments received on the EAW, a negative declaration decision has been determined on the need for an EIS document and is the Record of Decision to be made by City Council. Mr. Nelson said the next step in the engineering process is to proceed with the project based on the Record of Decision, that an EIS for the project is not necessary, reviewed the schedule and financial impacts in detail. Councilmember Skogquist confirmed asked if because of the lack of snow last winter if the depths of material are better. Mr. Nelson said the channel portion will be surveyed tomorrow to obtain updated quantities for bid. Motion by Councilmember Wesp, seconded by Councilmember Skogquist, to adopt a resolution for the Rum River Channel Restoration Project - Phase II; Approve Environmental Assessment Worksheet (EAW) Document Findings of Fact and Record of Decision, the Negative Declaration of Significant Effects or Impacts on the Environment for the Need of an Environmental Impact Statement (EIS), and to Proceed with the Project. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.3 ORD/Green Haven Parkway Project; Changing the Name of Jacob Lane, West of Greenhaven Road/Main Street to Green Haven Parkway. 2nd Reading ORDINANCE Mr. Nelson shared a background report stating in 2018, the first phase of the parkway from Thurston Avenue to Garfield Street was completed. In 2022, the second phase of the parkway from Verndale Avenue to Fairoak Avenue completed. Finally, in 2023, the last portion of the parkway from Fairoak Avenue to Main Street, formerly Jacob Lane, was completed. Green Haven Parkway is a new public parkway between Thurston Avenue and Main Street with pedestrian accommodations. On April 15, 2024, City Council held first reading of the proposed ordinance changing the name of Jacob Lane to Green Haven Parkway and made a motion to move the ordinance to a second reading on May 6, 2024. During the discussion of the first reading, Council supported the idea of naming a May 6, 2024 (Regular) Page 6 of 10 private road as Jacob Lane in a future development along Green Haven Parkway to be respectful to the family and the clinic who had made a major commitment to the area. Council may by ordinance change the name of and rename any of the streets, lanes, avenues, public highways, parks, and public grounds of the City. Immediately after publication, the ordinance shall be recorded in Anoka County’s recorder’s office. Now that all phases of the parkway are built, the next step based in this process is for City Council to approve the name change pursuant to the authority granted under Minnesota Statute for the portion of the street along the alignment of Jacob Lane It’s noteworthy to call attention to that Community Development has notified all of the affected property owners of this change and are agreeable to the proposed street name change. Council shall be aware, as part of the U.S. Highway 10/169 Improvement Project, there are multiple existing roads that shall require name changes. The proposed changes are due to non- existing roads or for a new roadway connection. It is staff’s intention to first hold an information public meeting for the properties with a change of address. The purpose of the meeting is to solicit input from the property owners and collect feedback on the proposed changes. Next, staff will share and discuss the feedback received from the information public meeting with Council at a worksession meeting. City Council then could consider authorizing an ordinance to change the name of a certain street. The implementations of the street name and address changes would officially occur in 2025. It shall be understood; no action or discussion on the Highway 10 Solution Project is part of this ordinance. Councilmember Wesp had shared concerns during first reading removing the family name who served the City for many years and suggested as we develop Highland Park, we could use Jacob Lane as part of the industrial park and suggested that direction be included in the ordinance. Motion by Councilmember Wesp, seconded by Councilmember Scott, to hold second reading and adopt an ordinance changing the name of Jacob Lane, west of Greenhaven Road/Main Street, to Green Haven Parkway, and direct the naming of a private road as Jacob Lane in a future development along Green Haven Parkway in Highland Park. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.4 ORD/Approving the City’s Sale of 809 West Highway 10 and Purchase Agreement. 1st Reading Community Development Director Doug Borglund shared a background report stating the City has had the Hwy 10 Liquor Store at 809 Hwy 10 listed and on the market for a few months now. The property appraised at $560,000 in the fall of 2023. City Staff put the property on the market for $650,000. The City currently has two offers on the property, noting there were three original offers but one was May 6, 2024 (Regular) Page 7 of 10 withdrawn. He said Offer #1 was from Vapor Trail Archery who is currently operating in the Anoka Enterprise Park has made a full price offer of $651,000. Their plan is to use the main level of the building as a retail facility. In the lower level they would like to do some light assembly work related to their product line and sales. They are an existing business in Anoka located at 700 Lund Blvd. They would like to stay in Anoka. They would like to close by June 20, 2024. Offer #2 was from Grocery/Meat Market/Restaurant/Food Catering on the Main Level and in the Lower Level the buyer wants to manufacture tortillas. Their offer is a full price offer of $650,000. The LOI called out a Liquor Store in the letter of intent, but was clarified is they would want a Beer and Wine Liquor License. They would like to close by the July 31, 2024. The City Attorney from a legal perspective has drafted the purchase agreement. Councilmember Skogquist confirmed the 350-foot notification of property owners of the proposed sale informing them of the date of this action and asked if anyone contacted the City with concerns. Mr. Borglund said no one contacted the City regarding this potential sale. Councilmember Weaver said the City was fortunate to have two bids on this site higher than the appraised value but the purchase price isn’t everything and shared concerns that the property condition for structural, mechanical, and utility repairs could be high as the roof was 17 years old and HVAC 25 years old. He said while he was confident the property was maintained well one wanted a survey which could be costly too and not make the sale as profitable. He noted Vapor Trail participates in the Anoka High School job fair and hires students for seasonal work which says a lot about investing in the students and supported the sale. Motion by Councilmember Wesp, seconded by Councilmember Wesp, to hold first reading of an ordinance to convey real property at 809 Highway 10 (former City liquor store) to Vapor Trail Archery. Councilmember Wesp said he was very pleased with both offers but sees Vapor Trail as an overall win as they are established in the enterprise park and in the process of selling their current building which will result in another new business in Anoka. He said he works across the street from them and believes they will not be an intrusive business to the neighborhood based on the number of employees and current storefront. Councilmember Weaver referred to typographical corrections needed in the purchase agreement for liquor and restaurant and remove reference in the signature line to Councilmember Barnett. Councilmember Scott said he supported Vapor Trail as well and learned during closed session feedback from the neighborhood was great and while both May 6, 2024 (Regular) Page 8 of 10 companies participate in the high school job fair sale to Vapor Trail will result in another new business in Anoka. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 10. UNFINISHED BUSINESS None. 11. NEW BUSINESS 11.1 Appointment to Human Rights Commission. City Manager Greg Lee shared currently the City has one vacancy on the Human Rights Commission as a result of Joelle Alvord opting to serve on the Economic Development Commission and resigning her position on the Human Rights Commission back in February 2024. This term will have an expiration date of December 31, 2026. Staff advertised for this vacancy back in February when Ms. Alvord resigned from the Human Rights Commission and received two applications from Jacqueline Jensen and Nathan Webster. He noted Jacqueline Jensen is the spouse of Mark Jensen who currently serves on the Human Rights Commission. The City policy on serving on Boards/Commission does not prohibit spouses from serving on same Board/Commission. Councilmember Skogquist said he has known Ms. Jensen for many years and she would be great but he was very impressed with Mr. Webster and his background and felt he would be very beneficial on this Commission. Motion by Councilmember Skogquist, seconded by Councilmember Scott, to appoint Nathan Webster to the Human Rights Commission for a term to expire December 31, 2026. Councilmember Weaver said he would not support appointing a Minneapolis resident and supported Ms. Jensen as an Anoka resident instead. Upon a roll call vote: Councilmembers Scott and Skogquist voted in favor. Mayor Rice, Weaver, and Wesp voted against. Motion failed. Councilmember Wesp said he has known Ms. Jensen his entire life and has always lived in Anoka and supported her appointment. Motion by Councilmember Wesp, seconded by Councilmember Weaver, to appoint Jacqueline Jensen to the Human Rights Commission for a term to expire December 31, 2026. May 6, 2024 (Regular) Page 9 of 10 Councilmember Skogquist shared concerns with appointing two married couples living in close proximity to a five-member Commission, adding this Commission allows people outside the City to be appointed for a different perspective. Councilmember Weaver felt that was an interesting comment considering that Councilmembers Skogquist, Scott, and Mayor Rice live in close proximity. He said while Mr. Webster was extremely educated and qualified, he was still a Minneapolis resident. Councilmember Scott noted Mr. Webster grew up in Anoka and has indicated he will be moving back to the City soon. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Weaver, and Wesp voted in favor. Councilmember Skogquist voted nay. Motion carried. 12. UPDATES AND REPORTS 12.1 Legislative Discussions and Update. Councilmember Wesp shared resident concerns regarding mowing on Main Street. Public Works Director Mark Anderson reported staff is working on this and other areas especially East and West Main Street, the cemetery, and others. Councilmember Weaver shared resident concerns regarding overhanging branches on Tower Boulevard and Weaver Court and thanked Public Works for their exemplary work addressing the area. He noted road conditions on McKinley towards Highway 47 were rough with the shoulders delaminating and asked if there were any SSIP programs planned for the area. Mr. Nelson said there were no street projects budgeted for 2024 or included in the current five-year plan. Councilmember Weaver suggested available ARPA funds be directed to this area. Mr. Nelson added residents on East Mineral Pond Boulevard were concerned about the road condition in this area as well and that staff applied for grants for West McKinley and the loop to the industrial park and while not successful will be applying for another round of funding for both areas. Councilmember Weaver asked if McKinley used as a detour for during the Highway 10 construction. Mr. Nelson the road was likely used as an unofficial detour route. Mr. Anderson said staff will review possible funding and identify options to address the concerns. 12.2 Tentative Agenda(s). The Council reviewed the tentative agendas of the upcoming Council meetings. May 6, 2024 (Regular) Page 10 of 10 12.3 Staff and Council Input. Councilmember Wesp shared his objection to moving to closed session stemming from events in Mounds View and election on single hauling, noting Anoka does not have any indication for litigation outside of a letter. He said two years ago candidates accused the City of holding secret meetings and submitted petition for a ballot question and that he wanted to be transparent to the residents. Mr. Baumgartner said the City received correspondence that litigation was likely and meetings with haulers since have shown their displeasure with this process and are similar haulers to the ones involved in the Mounds View litigation. He said Statute doesn’t require litigation to be ongoing but just pending or threatened and if the path to organized as well as a ballot question could include a temporary restraining order for those reasons there was strong enough indication for the Council to meet in closed session. Councilmember Weaver felt the City should be patient and wait for the result of the ballot question, noting 82% of Mounds View residents wanted the question of hauling to be on their ballot which was overwhelming and he did not want to jeopardize residents by holding a closed session this evening. Councilmember Wesp asked what the closed session discussion include. Mr. Baumgartner outlined the discussion would include options for the City to consider, including pros and cons of options in light of the Mounds View decision. Councilmember Wesp said it was appropriate to move forward with organized hauling and wait to see if the City is sued then outline an approach. Councilmember Skogquist said he felt this discussion was more of the same but that in other executive sessions the concern was real estate purchases and this will be about possible litigation and decisions coming from that will be public and much different and supported moving into closed session. ADJOURNMENT Councilmember Skogquist made a motion to adjourn the Regular Council meeting and move to a closed executive session pursuant to Minnesota Statute §13D.05, Subd 3(b) (attorney-client privilege) for discussion of options for organized residential solid waste collection in light of recent litigation. Councilmember Scott seconded the motion. Upon a roll call vote: Mayor Rice, Councilmembers Scott and Skogquist voted in favor. Councilmember Weaver and Wesp voted nay. Motion carried. Time of adjournment: 7:59 p.m. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerk