Anoka City Council

October 21, 2024 (Regular) Page 1 of 10 REGULAR MEETING OF THE ANOKA CITY COUNCIL ANOKA CITY HALL CITY COUNCIL CHAMBERS OCTOBER 21, 2024 1. CALL TO ORDER Mayor Rice called the regular meeting of the City Council to order at 7:05 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; Senior City Planner Clark Palmer; Police Chief Eric Peterson; Police Captain Andy Youngquist; Public Works Director Mark Anderson; City Attorney Scott Baumgartner; and Utility Director Del Vancura. Absent at roll call: None. 3. COUNCIL MINUTES 3.1 September 23, 2024, Worksession. September 26, 2024, Special Meeting. October 7, 2024, Regular Meeting. Councilmember Weaver said he would have to abstain from approving the September 23 worksession due to his absence. Motion by Councilmember Skogquist, seconded by Councilmember Scott, to approve the minutes of the September 23, 2024, Worksession as presented. Vote taken. Councilmember Weaver abstained. Motion carried. Motion by Councilmember Skogquist, seconded by Councilmember Scott, to approve the minutes of the September 26, 2024, Special Meeting and the October 7, 2024, Regular Meeting as presented. Vote taken. All ayes. Motion carried. 4. OPEN FORUM 4.1 Police Activity Update. Chief Peterson shared about the upcoming Anti-Crime Association’s 33rd annual fundraising breakfast as Green Haven Golf Course where he will share about the October 21, 2024 (Regular) Page 2 of 10 decrease in crime trends regarding auto thefts, fraud cases, overall serious crimes and misdemeanors as well largely due to proactive policing and public education. He shared about Domestic Violence Month and the progress and awareness being made through updated legislation to further the goal to address domestic violence. He said while much has been accomplished more work needs to be done and noted that City buildings are being illuminated in purple this month help further awareness. Chief Peterson shared about the October 12 Halloween Zombie Pub Crawl that resulted in a few altercations but overall was manageable. He shared about the successful parade event that was very well attended and went well then spoke about the many other Halloween events that will be held that require all staff to be on hand as well as assistance from other agencies to ensure everyone has a safe and enjoyable time. He spoke about the awareness of demonstrators who have been attending the many Halloween events and their use of noise amplification to share their message which was in violation of City ordinance. He shared how this can be challenging because of the content of their messaging and how this activity is not unique to Anoka. Chief Peterson said they are working to balance enforcing the code appropriately through the ordinance that doesn’t allow amplification while still ensuring the group’s right to free speech. City Attorney Scott Baumgartner shared the City has an enforceable ordinance in place which was written as a deterrent for this activity but how this group wants to challenge that ordinance through conflict and confrontation. He said the ordinance affords any group to apply for a special event in order to have amplification for their messaging and to ignore enforcement could cause conflict. He suggested sending a warning letter to the group outlining the ordinance regarding amplification and suggest they apply for a special event license. He suggested a possible ordinance amendment that would shorten the timeframe for approval for this type of event as well as provide a lesser fee because these events were different then larger events and that the group would be afforded the same opportunity. He noted the group is allowed to share their message as it was free speech but could require a license because of amplification then noted the group is likely looking for confrontation but that the City still has to protect the public balanced against possible litigation. Councilmember Wesp noted anyone can voice their opinion in a public area without amplification then shared about the organization and their methodology and supported their right to speak regardless of their message. He shared a similar situation had occurred in Faribault and how we will have to address in Anoka during the many Halloween activities and what level of enforcement do we want to move to. He said he understood their right to speak and share their message but agreed it can be challenging. Councilmember Skogquist he said it was frustrating when others who apply and are given a special event license such as amplification on a parade float are being interrupted by someone who is not getting their own permit. He said the City can regulate time, place, and manner of speech and was in favor of the written October 21, 2024 (Regular) Page 3 of 10 warning then work towards a solution through the special event license process to ensure enjoyment of all events in the City. Mr. Baumgartner agreed but noted we will still have the problem regardless of what the law says, adding the group wants to be where the most people are located. Councilmember Wesp shared concerns about the message obstructing the enjoyment of the parade by others and asked how we can address that. Mr. Baumgartner referred to a court decision from similar incidents in Excelsior where the court said groups like this have a constitutional right to free speech and that we have to be mindful of that in this instance too. Councilmember Scott said regardless of content we can still require a license for amplification and suggested a tiered special event process that would allow for different types of free speech events. He said he supported the letter of warning and revising the process regardless of the message. Mr. Baumgartner noted sound levels can be differentiated through separate criteria such as sound from a message being amplified on a street corner versus an amphitheater and suggested levels of special events be created that range from an individual to a festival and include hours and location. Councilmember Weaver supported sending the group a warning letter. Chief Peterson said a letter will be good for his department to refer to but noted their interactions to date indicate they will not likely comply and we’ll have to be prepared. Councilmember Weaver said it wouldn’t be wise to proceed with further enforcement if the ordinance needs revision first. Councilmember Scott suggested a short grace period be provided with ample time to review. Councilmember Weaver noted any ordinance amendment couldn’t be done quickly because of notification requirements. Mr. Baumgartner agreed and said the letter will provide information on how to apply which will place the City in the best position in the event there is litigation. Councilmember Skogquist agreed then asked if buskers are considered a special event or done through the social district and suggested a policy be put in place similar to that process. City Manager Greg Lee explained buskers are allowed to perform in the social district through a separate process and fee and are not a special event license. Mr. Baumgartner said the City could certainly offer a similar process to buskers but noted that is likely not what the group wants to do. October 21, 2024 (Regular) Page 4 of 10 Councilmember Scott suggested amending the ordinance and if we are challenged that might be a good thing in the end. Mayor Rice said this is an unfortunate circumstance that is occurring. OTHER INFORMATION UNDER OPEN FORUM Michael Steel, 2347 Rivers Bluff Lane, shared his frustration with the amplification messaging that is being done and how the situation will likely get worse during Halloween events, especially with people who may be intoxicated. He then shared comments about the recent City-wide survey that showed residents were very pleased with the City’s historical character preservation, housing quality, strong sense of safety, and vibrancy of the downtown area. He said the City’s website and City View publication were residents’ top sources of information and complimented staff on keeping the website up to date as well as they did but noted it needed to be more. He shared how the community rated the City’s customer service as 82% saying it was good. He encouraged the Council to not micromanage staff then thanked the Council for conducting the survey. Mr. Lee thanked Mr. Steel for his comments then shared that Communications and Recycling Manager Pam Bowman manages the City’s publications and website and does a great job, especially in her part-time role in conjunction with recycling. Ron Brokop, Anoka, thanked Councilmember Wesp for his work representing the City and residents’ view over the years. He thanked him for his support of the golf course and its future, working on responding to the jail expansion and other topics and projects, and for his work to achieve compromise and hoped that spirit would carry forward with new Councilmembers coming forward. He commented about continued concerns with bright lighting at Jimmy Johns and Baskin Robbins after hours and its impact on residents at the American Coop and presented a letter from the residents that shared their concerns. He then thanked Mayor Rice for his work and service to the residents. Councilmember Wesp said it has been his honor and privilege to serve the City. Councilmember Weaver confirmed there was a condition with the approval of lighting at Jimmy Johns and Baskin Robbins that included a dimmer switch in the signage. Senior City Planner Clark Palmer said he has contact the owner regarding the concern with no response but will follow up again to ensure compliance with the dimmer switch is occurring. Bill Folkes, Anoka business owner, asked to receive the City survey results then inquired about an update on the parking ordinance proposed amendments. Mr. Lee shared the survey results then spoke about staff’s work to obtain input on October 21, 2024 (Regular) Page 5 of 10 parking from the downtown business owners but how the survey was shared with many including shoppers and business employees which skewed the results. 5. PUBLIC HEARING(S) 5.1 Increasing Liquor License Fees for 2025. Mr. Lee shared a background report stating at the June and July worksessions Council met with bar/restaurant license holders to discuss the intent to increase liquor license fees. He said staff was directed to proceed with the process to increase fees effective January 1, 2025 and that Statute requires a public hearing prior to increasing any liquor license fees. He noted no action was necessary as part of this hearing as the ordinance was included later in the agenda for consideration then shared the proposed license fee changes in detail and adjustments made based on license holder feedback that created a tiered system. Mayor Rice opened the public hearing at 7:59 p.m. Being no comments, Mayor Rice closed the public hearing at 7:59 p.m. Councilmember Weaver noted staff’s original proposal was for a $10,000 license fee and how the Council listened and brought the fee down but noted Anoka also has establishments that close earlier so a custom license was created for those that close early, adding it’s important that the businesses are successful. Councilmember Skogquist agreed then stated when issues do occur and become a pattern it’s important to have the ability to curtail the activity by revoking their late serving license without completely revoking their full liquor license which was a good compromise and a good way to address when problems occur. 6. CONSENT AGENDA Councilmember Wesp confirmed there was sufficient time to process the Women of Today’s bingo permit for tomorrow night if approved. Councilmember Scott thanked Curt Resktad for his service on the Economic Development Commission. Motion by Councilmember Wesp, seconded by Councilmember Scott, to approve the Consent Agenda as presented. 6.1 Approve Verified Bills. 6.2 Revising and Setting Council Calendars. 6.3 Resignation from Economic Development Commission; Curt Resktad. October 21, 2024 (Regular) Page 6 of 10 6.4 Recommended Approval of an LG240B Bingo Permit for Knights of Columbus, St. Stephen’s Church Bingo on November 22, 2024. 6.5 Recommended Approval of an LG240B Bingo Permit for Anoka Women of Today, Anoka Lions Halloween Tent Bingo on October 22, 2024. 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 ORD/Adopting 2024 Master Fee Schedule. 2nd Reading ORDINANCE Mr. Lee shared a background report stating annually staff reviews the fee schedule and determines whether a recommendation should be made for increases. He said fees are based on the actual costs to provide the service, issuance/enforcement of a license, background checks, etc. He said the Council held first reading of the ordinance at the September 16 meeting and directed to make a change to the liquor license fee for 1:00 a.m. fee to be separate and revocable by the Council if necessary. He shared other changes to the schedule suggested by Community Development and recommended its approval. Motion by Councilmember Weaver, seconded by Councilmember Skogquist, to hold second reading and adopt an ordinance establishing a fee schedule for the City of Anoka, effective January 1, 2025. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. Councilmember Weaver thanked staff for figuring out the tiered licensing for liquor licensing. 9.2 RES/Recommending Approval of an LG214 Premises Permit for Anoka Area Hockey Association at Nucky’s Speakeasy, LLC. RESOLUTION October 21, 2024 (Regular) Page 7 of 10 Mr. Lee shared a background report stating Anoka Area Hockey Association has submitted an application for a State-issued LG214 Premise Permit to conduct lawful gambling at Nucky’s Speakeasy, LLC, 300 E. Main Street. He said staff has reviewed the application and found no concerns for approval. Motion by Councilmember Wesp, seconded by Councilmember Skogquist, to adopt a resolution recommending the issuance of a State-issued LG214 Premise Permit for lawful gambling, Anoka Area Hockey Association, Nucky’s Speakeasy, LLC. Councilmember Skogquist confirmed the request was from the Anoka Area Hockey Association and not the ice arena itself. Upon a roll call vote: Mayor Rice, Councilmembers Scott, Skogquist, Weaver, and Wesp voted in favor. Motion carried. 9.3 RES/Approval of Modifications to the City Parking Permit Process and HRRD Ramp 3rd Level Parking Hours. RESOLUTION Mr. Lee shared a background report stating in last summer 2023, the City was made aware of a concerned business owner who wished to address the Parking Advisory Board (PAB) regarding the ordinance related to parking in the downtown area. He shared a summary of the meeting dates and discussions that have occurred with the PAB regarding his concerns in detail and noted that Discover Anoka and the Anoka Business and Landowners Association (ABLA) support the current parking enforcement structure and process as it exists today then requested the Council consider the following options: modifications to the parking permit process to allow for parties associated with businesses in the downtown to share parking permits; and modification of the parking hourly limit on the upper level of the HRRD ramp at 2110 2nd Avenue be increased from 3 to 4 hours. Mayor Rice suggested creating a modest fee for parking in the HRRD ramp during peak times such as Thursday, Friday, and Saturday evenings as it was a benefit to the restaurants to offer their customers without a fee but that the City still needs to maintain the ramp within the City’s budget through taxpayer dollars. Councilmember Weaver said he looked at the free parking differently because it may help encourage someone who may not be able to drive due to intoxication to leave their car in a safe ramp and not on the street and find alternate transportation home. October 21, 2024 (Regular) Page 8 of 10 Mr. Lee said these were mutually exclusive topics and that fees will be discussed at a future worksession that could include a topic for possible fee to leave a vehicle overnight without being ticketed. Councilmember Scott supported the shared permitting process as it gives businesses downtown exclusive parking stalls. He said he liked providing the opportunity to stay longer and reduce parking permit fees but said agreed the City needs to be honest with the costs. Mr. Lee said the proposed ingress/egress off Golf Street for the HRRD ramp for more access was estimated to cost $120,000 so increased fees could help pay for that project. Councilmember Skogquist shared comments about building the fund through fees now to help offset these costs. Councilmember Weaver asked if the structural integrity of the ramp would allow for an ingress/egress off Golf Street. Mr. Lee said the structural integrity was fine and said the ramp appears to be already set up for that option. He said while we will lose two stalls for the access staff felt the benefits outweigh the loss of stalls. He said the City’s doesn’t have a parking problem with the number of stalls but agreed we need to keep parking in front of businesses open for customers. Mr. Lee confirmed another level of parking could be added to the HRRD ramp but the cost was estimated at $4 million. Mr. Folkes commented how an extra hour of parking time would not help because people still have to move their cars to avoid being ticketed, adding some don’t care about the ticket anyway. He noted City leadership doesn’t have the authority to make these changes without input from the participants and that some are opposed to this parking ordinance. He referred to meeting minutes from the ABLA meeting and how they noted no one had discussed these changes with Tom Jensen. He commented about the congested areas in the City and how the minutes didn’t reflect that either then spoke about the three most heavily enforced areas and areas that aren’t enforced which was frustrating because there is a need to enforce parking on Main Street from 1st to 3rd Avenues. He said opening another parking level for employees of businesses could be done but shared concerns with safety in the stairwells and the need for signage in areas and how areas haven’t been declared congested areas. He said permit parking congestion wasn’t more than 24% and how the ordinance forced innocent people to pay a fine for parking in a place that was not deemed a congested area which was a concern. Councilmember Wesp said Chair Pete Turok listens to the businesses and felt if either the PAB or Steve Jensen had a concern about parking they would have forwarded it to the Council to address. He said we rely on our Police Department for feedback as well and understood the concerns and managing tickets and while October 21, 2024 (Regular) Page 9 of 10 it can be congested at times in front of City Hall he supported the modifications as proposed. Mr. Lee noted staff was recommending a fee increase from $136 to $150 as well. Motion by Councilmember Wesp, seconded by Councilmember Skogquist, to adopt a resolution to maintain the existing parking ordinance while approving modifications to the parking permit process and HRRD Ramp 3rd floor parking hours as recommended from the PAB as follows: modify the hourly limits from 3 to 4 hours in the HRRD ramp, allow for shared parking permits, and support an increase in parking fees from $136 to $150 to help offset costs for the proposed ingress/egress project and pay system implementation. 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 Appointment to the Economic Development Commission. Mr. Lee shared a background report stating there is currently two vacancies on the Economic Development Commission and that two applications were received: Karen Anderson and Daniel Hudlow. He said both are partial terms to expire December 31, 2025, and that staff recommended their appointment. Motion by Councilmember Weaver, seconded by Councilmember Wesp, to appoint Karen Anderson and Daniel Hudlow to the Economic Development Commission with terms to expire December 31, 2025. Vote taken. All ayes. Motion carried. 12. UPDATES AND REPORTS 12.1 Tentative Agenda(s). The Council reviewed the tentative agendas of the upcoming Council meetings. 12.2 Staff and Council Input. None. ADJOURNMENT October 21, 2024 (Regular) Page 10 of 10 Councilmember Wesp made a motion to adjourn the Regular Council meeting Councilmember Skogquist seconded the motion. Vote taken. All ayes. Motion carried. Time of adjournment: 8:38 p.m. Submitted by: Cathy Sorensen, TimeSaver Off Site Secretarial, Inc. Approval Attestation: Amy T. Oehlers, City Clerks