City Council

10801 Town Square Dr. City of Blaine Blaine MN 55449 Anoka County, Minnesota Minutes - Final City Council Thursday, August 15, 2013 7:30 PM Council Chambers Meeting Number 13-40 1. CALL TO ORDER BY THE MAYOR The meeting was called to order at 7:30 p.m. by Mayor Ryan followed by the Pledge of Allegiance and the Roll Call. Quorum present. ALSO PRESENT: City Manager Clark Arneson, and City Attorney Patrick Sweeney; Bryan Schafer, Planning Director; Bob Therres, Public Services Manager; Joe Huss, Finance Director; Jean Keely, City Engineer; Roark Haver, Communications Technician; Al Thorp, Senior Engineering Technician; Jane Cross, City Clerk; and Recording Secretary Linda Dahlquist. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Present: 7 - Mayor Ryan, Mayor Pro Tem Hovland, Mayor Pro Tem Swanson, Councilmember Clark, Councilmember Bourke, Councilmember Kolb and Councilmember Herbst 4. APPROVAL OF MINUTES 4.1 MIN 13-18 REGULAR MEETING - 08/01/2013 Sponsors: Cross Attachments: Regular Meeting Minutes 08/01/2013 Moved by Mayor Pro Tem Swanson, seconded by Councilmember Kolb, that the Minutes be Approved. The Motion was adopted unanimously. 5. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS 5.1 PROC 13-03 PROCLAMATION - EAGLE SCOUT JOSH BOSTROM City of Blaine Page 1 City Council Minutes - Final August 15, 2013 Mayor Ryan proclaimed Josh Bostrom an outstanding citizen and thanked him for his project of constructing two informational kiosks in Pioneer Park; and congratulated him on receiving his Eagle Scout Award. Informational: no action required 5.2 PROC 13-04 PROCLAMATION - EAGLE SCOUT DAVID RIES Attachments: Jefferson Shelter 001.jpg Mayor Ryan proclaimed David Ries an outstanding citizen and thanked him for his project of constructing a 12’ x 20’ open picnic shelter at Jefferson Park; and congratulated him on receiving his Eagle Scout Award. Informational: no action required 6. COMMUNICATIONS Mayor Ryan welcomed Wal-Mart on Ulysses Street to Blaine. Councilmember Swanson stated the Council attended many of the 126 neighborhood groups on the Night to Unite. Mayor Ryan invited residents to volunteer for the planning of Blaine’s 50th Anniversary celebration. 7. OPEN FORUM FOR CITIZEN INPUT Mayor Ryan opened the Open Forum at 7:50 p.m. Janet Logid, 10200 Hupp Street NE, stated her concern is with the location of the school bus pick-up in the neighborhood on North Road, Terrace Road and Ball Road. She stated the parked cars on the street blocks visibility of the moving cars. She requested the City do a parking assessment. Councilmember Kolb suggested the resident contact the school on changing the bus stop location. Teresa Blossom, 10207 Erskin Street, stated her street floods every time it rains. She is concerned the flooding will get worse with the proposed changes. She requested the City review the drainage issue. City Manager Arneson replied the City has a drainage project planned for 2014. Harold Hollander, 4896 103rd Lane NE, Circle Pines, stated he has an issue with parking on 103rd Lane during the day. He stated the City removed a parking lot in order to install a well. He stated the posted signage restrictions have not been enforced. City of Blaine Page 2 City Council Minutes - Final August 15, 2013 Councilmember Clark requested City staff report to the Council on the Hupp Street issue. Mayor Ryan stated the City has worked with the school on parking issues. There being no other input, Mayor Ryan closed the Open Forum at 7:58 p.m. 8. ADOPTION OF AGENDA 9. 8:00 P.M. - PUBLIC HEARING AND ITEMS SET FOR A CERTAIN TIME 9.1 MO 13-099 PRIVATE ON-SALE AND SUNDAY LIQUOR LICENSE FOR CLIVE’S ROADHOUSE BLAINE, INC. DBA CLIVE’S ROADHOUSE BLAINE, LOCATED AT 10400 BALTIMORE STREET NE, SUITE 200, BLAINE, MINNESOTA. Sponsors: Cross Attachments: Public Hearing Notice (2) City Clerk Cross stated Tony Patterson owner and applicant has submitted a license application, license fee and certificate of insurance for liquor liability. She noted the Police Department completed a background investigation and found no information to prohibit the granting of a Private On-sale and Sunday Liquor License to Clive’s Roadhouse Blaine. Mayor Ryan opened the public hearing at 8:00 p.m. Tony Patterson, owner of Clive’s Roadhouse, stated he also owns Clive’s of Champlin, Sally’s Saloon & Eatery on the UofM campus, and Maxwell’s Pub by the Metro Dome. He stated he has owned restaurants for 17 years. He stated Clive’s is a scratch kitchen serving affordable comfort food for lunch and dinner. He stated Clive’s will have live acoustical music and DJ request nights, trivia and sports poling, and pull tabs for entertainment. He stated Clive’s plans to be open in late September. Mayor Ryan closed the public hearing at 8:05 p.m. Moved by Mayor Pro Tem Hovland, seconded by Councilmember Herbst, that this Motion be Approved. The Motion was adopted unanimously. 10. APPROVAL OF CONSENT AGENDA: Councilmember Bourke requested removal of agenda item 10.1. City of Blaine Page 3 City Council Minutes - Final August 15, 2013 Councilmember Kolb requested removal of agenda item 10.2. Approval of the Consent Agenda Moved by Mayor Pro Tem Swanson, seconded by Councilmember Herbst that the following items be Approved by Consent Vote. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Mayor Pro Tem Hovland, Mayor Pro Tem Swanson, Councilmember Clark, Councilmember Bourke, Councilmember Kolb and Councilmember Herbst 10.3 MO 13-102 APPROVE A TEMPORARY ON-SALE 3.2 MALT BEVERAGE LICENSE FOR THE SANNEH FOUNDATION FUNDRAISER AT THE NATIONAL SPORTS CENTER TO BE HELD ON AUGUST 17, 2013. Sponsors: Cross Approved unanimously by Consent Vote. 10.4 MO 13-103 APPROVE A TOBACCO AND TOBACCO PRODUCTS LICENSE FOR E-CIG CENTRAL, 10141 CENTRAL AVENUE NE, BLAINE Sponsors: Cross Approved unanimously by Consent Vote. 10.5 MO 13-104 APPROVE TEMPORARY ON-SALE 3.2 MALT BEVERAGE LICENSE FOR CHURCH OF ST. TIMOTHY’S CARNIVAL FUNDRAISER, 707 - 89TH AVENUE NE, BLAINE Sponsors: Cross Approved unanimously by Consent Vote. 10.6 MO 13-105 APPROVAL OF CARNIVAL LICENSE FOR MAD JAX AMUSEMENTS, 18140 ZANE STREET NW, ELK RIVER TO BE HELD AT CHURCH OF ST. TIMOTHY’S, 707 89TH AVENUE NE, BLAINE City of Blaine Page 4 City Council Minutes - Final August 15, 2013 Sponsors: Cross Approved unanimously by Consent Vote. 10.7 RES 13-133 AUTHORIZE INSTALLATION OF REGULATORY SIGNS PRESERVE AT LEGACY CREEK Sponsors: Keely Attachments: Preserve @ Legacy Creek Reg Signs.pdf Adopted unanimously by Consent Vote. 10.8 MO 13-106 APPROVE INDIVIDUAL THERAPEUTIC MASSAGE LICENSES FOR GUANGRONG DENG OF HENG MASSAGE, 1250 126TH AVENUE NE Sponsors: Cross Approved unanimously by Consent Vote. 10.1 MO 13-100 SCHEDULE OF BILLS PAID Sponsors: Huss Attachments: 07/26/13 Bills Paid 08/02/13 Bills Paid July 2013 Payroll Checks and Wire Transfers Councilmember Bourke requested information on the forfeitures. City Manager Arneson replied staff will respond to the request. Moved by Councilmember Bourke, seconded by Mayor Pro Tem Swanson, that this Motion be Approved. The Motion was adopted unanimously. 10.2 MO 13-101 ACCEPTING DONATION FROM ALERUS MORTGAGE IN THE AMOUNT OF $100.00 Sponsors: Safety Services Manager / Police Chief Olson Attachments: ALERUS DONATION ATTACHMENTS Moved by Councilmember Kolb, seconded by Councilmember Herbst, that this Motion be Approved. The Motion was adopted unanimously. City of Blaine Page 5 City Council Minutes - Final August 15, 2013 11. DEVELOPMENT BUSINESS 11.1 RES 13-134 DECLARING A NEGATIVE NEED FOR AN ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR BALL ROAD RETAIL DEVELOPMENT TO THE ENVIRONMENTAL QUALITY BOARD (EQB). CITY OF BLAINE AT LEXINGTON AVENUE/BALL ROAD. (CASE FILE NO. 13-10/BKS) Attachments: Ball Road Retail - Location Map.pdf Ball Road Retail - EAW Responses.docx Ball Road Retail - Comments Received.pdf Planning and Community Development Director Schafer stated the Ball Road development is a multi-building project with an 182,000 square foot Wal-Mart store along with smaller commercial lots accommodating up to another 24,900 square feet of space. He stated the total scope of the project is below the size threshold for a mandatory Environmental Assessment Worksheet (EAW), although the Council authorized preparation and submittal of a discretionary EAW. He stated that the City received 15 written comments from public agencies and residents; although none of the comments suggested an Environmental Impact Statement. Councilmember Swanson stated there are issues that need to be addressed by the State’s Transportation Department and Pollution Control Department. He also asked about the County’s decision on the turn lanes onto Ball Road. Councilmember Hovland asked if the Council approves this motion if a project is approved. Planning and Community Development Director Schafer replied no an application has not been completed. Councilmember Swanson asked about a Conditional Use Permit public hearing. City Manager Arneson replied once an application is received a public hearing would be scheduled within 120 days of receiving an application. Councilmember Hovland requested residents be mailed notifications if a public hearing is scheduled. Harold Hollander, 103rd Lane, asked for the difference between an Environmental Assessment Worksheet (EAW) and an Economic Impact Statement (EIS). Planning and Community Development Director Schafer replied an EAW scopes environmental impacts of the property and EIS is more thorough report that shows further research on the property. Mr. City of Blaine Page 6 City Council Minutes - Final August 15, 2013 Hollander stated he is concerned about the traffic and people using side streets to avoid Lexington Avenue. He stated the neighborhood needs an EIS especially for traffic. He stated the neighborhood wants an EIS. Mayor Ryan commented the EAW was conducted by Wal-Mart. Councilmember Swanson asked if an EIS would include traffic. Planning and Community Development Director Schafer replied an EIS would not look at traffic throughout the neighborhood. Councilmember Herbst suggested putting in speed humps to control traffic speed. Mayor Ryan commented the City will work with the applicant on any issues raised by the neighborhood just like the City did with Fleet Farm. Councilmember Kolb asked if the City has to pay for the EIS. City Manager Arneson replied the City would have to have an issue/finding to require an EIS. He stated an EIS is approximately $250,000. Planning and Community Development Director Schafer replied the City has not done an EIS on development projects in the past other than Northtown Mall. Councilmember Hovland stated the EIS cost is too expensive and it would not give more detail information at this time to the City. Teresa Blossom, 10207 Erskin Street, asked if an Economic Impact Study will be conducted. Councilmember Clark replied an Economic Impact Study is impossible to obtain because there are no black and white answers. Ms. Blossom stated she is concerned with light, noise and water pollution. Adopted ORD 13-2271 SECOND READING CODE AMENDMENT TO SECTION 34.07 (A)(2)(BB) TO INCREASE THE SIZE ALLOWANCE FOR THE SECOND MONUMENT SIGN CURRENTLY ALLOWED ON COMMERCIAL SITES WITH MORE THAN 400 FEET OF LINEAL FRONTAGE ON A STREET THAT IS, AT LEAST, AN ARTERIAL ROADWAY. CITY OF BLAINE. (CASE FILE NO. 13-0041/LSJ) Planning and Community Development Director Schafer stated staff reviewed the sign code with respect to multi-tenant building sign for different commercial/industrial sites. He stated staff determined it is reasonable to allow larger second monument signage for sites that have at least 400 feet of City of Blaine Page 7 City Council Minutes - Final August 15, 2013 lineal frontage and abut a street that is at least an arterial. He noted that larger sites are allowed two signs but the current ordinance limits the second sign to not more than 75 square feet. Moved by Councilmember Kolb, seconded by Councilmember Bourke, that this Ordinance be Adopted. The Motion was adopted unanimously. 12. ADMINISTRATION 12.1 RES 13-135 ACCEPT BID FROM NORTHDALE CONSTRUCTION CO., INC. IN THE AMOUNT OF $303,907.49 FOR LIFT STATION NO. 3 IMPROVEMENT PROJECT NO. 12-07 Sponsors: Keely Attachments: location map.pdf City Engineer Keely stated five bids were received, checked and tabulated and it has been determined that Northdale Construction Co., Inc. of Albertville, Minnesota is the lowest bidder. She noted the Engineering Department has worked with Northdale Construction Co., Inc. on previous contracts. She stated staff recommends the low bid be accepted and a contract entered into with Northdale Construction Co., Inc. She stated that the Council is also asked to approve a 10% contingency to bring the total project budget to $334,298.24. She noted the funding source for this project is the Sanitary Sewer Utility Fund and there are sufficient funds to cover the costs. Moved by Mayor Ryan, seconded by Mayor Pro Tem Swanson, that this Resolution be Adopted. The Motion was adopted unanimously. 12.2 MO 13-107 FORMATION OF A COMMUNITY CENTER PLANNING TASK FORCE Kevin Johnson stated the task force has a short timeframe and would like to move ahead. Councilmember Swanson stated the Council needs to be in the right position to move forward on a task force. Kevin Johnson replied the last time research was done was in 1998. He suggested using the information gathered before for planning. Moved by Councilmember Clark, seconded by Councilmember Swanson, that Motion 13-107, “Formation of a Community Center Planning Task Force,” be postponed until the Council meeting on September 5, 2013. 13. OTHER BUSINESS City of Blaine Page 8 City Council Minutes - Final August 15, 2013 Moved by Councilmember Kolb, seconded by Councilmember Herbst, that staff proceed with the negotiations as outlined in the Council’s Closed Session to authorize staff to negotiate and execute as directed by the Council. Motion adopted unanimously. Councilmember Clark requested staff to refer the petition for a legal left turn lane to Anoka County and notify the petitioners that the item is being referred to the County. Mayor Ryan stated the Historical Society will be requesting funds for an event being planned for the Blaine’s 50th Anniversary. 14. ADJOURNMENT Moved by Councilmember Herbst, seconded by Mayor Ryan, that this meeting be Adjourned. The Motion was adopted unanimously. The meeting adjourned at 9:06 p.m. City of Blaine Page 9