City Council

10801 Town Square Dr. City of Blaine Blaine MN 55449 Anoka County, Minnesota Minutes - Final City Council Mayor Tom Ryan, Councilmember Wes Hovland, Councilmember Dick Swanson, Councilmember Dave Clark, Mayor Pro Tem Mike Bourke, Councilmember Katherine Kolb, Councilmember Russ Herbst Thursday, February 6, 2014 7:30 PM Council Chambers Meeting Number 14-09 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. 2. PLEDGE OF ALLEGIANCE w 3. ROLL CALL Quorum present. ALSO PRESENT: Bryan Schafer, Planning Director; Bob Therres, Public Services Manager; Joe Huss, Finance Director; Chris Olson, Police Chief/Safety Services Manager; Jean Keely, City Engineer; Nate Monahan, Park and Recreation Program Supervisor; Roark Haver, Communications Technician; Al Thorp, Senior Engineering Technician; Jane Cross, City Clerk; and Recording Secretary Linda Dahlquist. Present: 6 - Mayor Ryan, Councilmember Hovland, Councilmember Swanson, Councilmember Clark, Mayor Pro Tem Bourke and Councilmember Herbst Absent: 1 - Councilmember Kolb 4. APPROVAL OF MINUTES City of Blaine Page 1 City Council Minutes - Final February 6, 2014 4.-1 MIN 14-09 WORKSHOP MEETING - 01/09/13 SPECIAL CLOSED MEETING - 01/09/13 WORKSHOP MEETING - 01/16/2013 REGULAR MEETING - 01/16/2013 Sponsors: Cross Attachments: Workshop Minutes 01/16/14 Council Minutes 01/16/14 Workshop Meeting 01/09/14 Spec Closed Mgr Eval 01/09/14 Approved 5. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS None. 6. COMMUNICATIONS Mayor Ryan reminded residents to remove snow around mailboxes and fire hydrants. He also mentioned if residents’ mailboxes are damaged by a City snowplow to call the City. Councilmember Swanson reminded residents to slow down on the road and watch for pedestrians. Planning Director Schafer stated a new development is planned for southwest corner of 109th and Highway 65. 7. OPEN FORUM FOR CITIZEN INPUT Mayor Ryan opened the Open Forum at 7:41 p.m. There being no input, Mayor Ryan closed the Open Forum at 7:41 p.m. 8. ADOPTION OF AGENDA 9. 8:00 P.M. - PUBLIC HEARING AND ITEMS SET FOR A CERTAIN TIME The Following Ordinance is Scheduled for First Reading City of Blaine Page 2 City Council Minutes - Final February 6, 2014 9.-1 ORD 14-2278 VACATION OF DRAINAGE AND UTILITY EASEMENT THE WESTERLY 5 FEET OF LOT 13, BLOCK 2, THE LAKES OF RADISSON 18TH ADDITION VACATION NO. V13-05 Sponsors: Keely and Scott Attachments: V13-05 Location Map Moved on the agenda to follow agenda item 11.2A. 10. APPROVAL OF CONSENT AGENDA: Mayor Ryan requested the removal of Consent Agenda item 10.3. 10.-1 MO 14-028 Sponsors: Huss Attachments: 01/10/14 Bills Paid 01/17/14 Bills Paid 01/24/14 Bills Paid Approved 10.-2 MO 14-016 APPROVE THE RENEWAL OF A TOBACCO AND TOBACCO PRODUCTS LICENSE FOR E-CIG CAFÉ, 10904 BALTIMORE STREET NE, SUITE 108, BLAINE Sponsors: Cross Approved 10.-4 MO 14-018 2014 PURCHASE POLICE LONG GUNS Sponsors: City Council Approved 10.-5 MO 14-026 2013 PURCHASE POLICE SQUAD SET-UP Sponsors: City Council Approved 10.-6 MO 14-025 APPROVE 2014 CAPITAL EQUIPMENT PURCHASES Sponsors: Ulrich Approved City of Blaine Page 3 City Council Minutes - Final February 6, 2014 10.-7 MO 14-020 APPROVE 2013 DNR WATER APPROPRIATION PERMIT Sponsors: Ulrich Approved 10.-3 MO 14-017 2014 POLICE FLEET VEHICLE PURCHASE Sponsors: Olson Mayor Ryan stated the purchase price of the Chevrolet squad cars is similar to an SUV. He asked if the police department could get SUV. Police Chief Olson replied staff is researching the price difference. He noted that each squad car carries a large amount of equipment and an SUV would allow more room for equipment. Approved 11. DEVELOPMENT BUSINESS 11.-1 RES 14-027 GRANTING A CONDITIONAL USE PERMIT TO OPERATE A MASSAGE BUSINESS IN AN I-1 (LIGHT INDUSTRIAL) ZONING DISTRICT at 1617 93rd LANE NE. YONG PING JIANG. (CASE FILE NO. 14-0001/SLK) Sponsors: Schafer Attachments: Massage CUP - Attachments Massage CUP - Public Comment Planning Director Schafer stated the applicant is applying for a Conditional Use Permit to operate a therapeutic massage clinic at 1617 93rd Lane NE. He stated the business will occupy approximately 1,076 square feet of space in a multi-tenant building in an I-1 (Light Industrial) zone. He noted no parking issues are expected. Councilmember Bourke asked about parking issues. Planning Director Schafer replied there are no parking issues. Adopted The Following Three Items are Related City of Blaine Page 4 City Council Minutes - Final February 6, 2014 11. RES 14-009 GRANTING A COMPREHENSIVE LAND USE PLAN -2A AMENDMENT FROM NC (NEIGHBORHOOD COMMERCIAL) TO L-MDR (LOW/MEDIUM DENSITY RESIDENTIAL) FOR AN 8.54 ACRE PARCEL AT HARPERS STREET/LAKES PARKWAY. HANS HAGEN HOMES, INC. (CASE FILE NO. 13-0065/SLK) Sponsors: Schafer Attachments: Lakes 58th - Attachments Lakes 58th - Public Comments Planning Director Schafer stated The Lakes of Radisson 58th Addition consists of subdividing 8.54 acres into a subdivision with 30 dwelling units. He stated the preliminary plat also includes one outlot for the City to formalize the overflow parking for the City owned park and beach. He stated the applicant is proposing a housing project consistent with the existing Carriage/Village homes. Councilmember Herbst called for point of order. Councilmember Herbst asked how many votes with this rezoning. City Attorney Sweeney stated this is an amendment to the comprehensive plan and five out of six votes are needed. Karen Schommer, 12085 Dunkirk Street NE, stated she is not asking the Council to reject the proposed. She is asking for time on behalf of the neighborhood residents to look for options. She stated the residents have waited for 10 years for the commercial/retail development. She stated Hans Hagen purchased the property and in four months they are planning to build houses. She suggested another use such as a community pool. She asked the Council for time for the residents to come up with other ideas and for the Council to table the vote for a couple months to give the residents the opportunity to talk to others. She noted that the proposed beach parking lot will stand empty 50% of the year. She stated she believed the Parkside Commons was a neighborhood park and turned into a community park. Mayor Ryan stated the property has had no interest from developers because of its location. Ms. Schommer stated she would like to see a community pool built. She is requesting more time. Mayor Ryan asked how much time the City has before the application’s expiration. Planning Director Schafer replied each of the three applications City of Blaine Page 5 City Council Minutes - Final February 6, 2014 has its own expiration date and one of the application’s deadlines is tonight. He stated the Minnesota Legislature ruled that cities have 120 days to take action on proposals. If an application is not acted upon within the timeframe, the application is automatically approved. He stated the City has to have proven reasons to deny an application. Councilmember Clark stated the Council cannot deny an application without reason. He noted that this property is private property and the owners sold to a developer after 10 years of marketing the property. He stated the City has to follow State Law. Mayor Ryan commented the staff opinion in the beginning of the project was that this property should not be commercial. Councilmember Herbst stated he is most concerned with the property next to the beach. He asked if all of the properties were marketed the same way. John Rask, Hans Hagen Homes, stated there were two different realtors marketing the properties. He commented the residents have not contacted Hans Hagen to date. He stated Hans Hagen received approval from The Lakes Association Board to move ahead with rezoning for residential. He noted that an association and the residents of an association cannot purchase land within their development. He commented they association is only responsible for maintaining the property. Councilmember Herbst stated what if TIF financing could be used and permits waived to build a building. Mr. Rask replied the building would have to be built to a higher standard due to the neighborhood. Councilmember Herbst asked what type of language will be included in the purchase agreements to purchase properties next to the beach. Mr. Rask replied the beach will be disclosed in the purchase agreement and it will include language to contact the City of Blaine with any questions about the park and beach. He stated currently there are five parties interested in purchasing lots. Councilmember Herbst asked to include language about the beach in the documentation. Planning Director Schaffer replied language is already included. Mayor Ryan commented extra parking for the beach is needed. He noted that the temporary parking used in prior years is no longer available and people are parking on neighborhood streets. Mike Ryan, 12199 Dunkirk Street, questioned the amount of parking that is needed for the beach. He stated he would like to expand the park’s green City of Blaine Page 6 City Council Minutes - Final February 6, 2014 space. Adopted Aye: 6- Mayor Ryan, Councilmember Hovland, Councilmember Swanson, Councilmember Clark, Mayor Pro Tem Bourke and Councilmember Herbst 8:00 P.M. - PUBLIC HEARING AND ITEMS SET FOR A CERTAIN TIME The Following Ordinance is Scheduled for First Reading ORD 14-2278 VACATION OF DRAINAGE AND UTILITY EASEMENT THE WESTERLY 5 FEET OF LOT 13, BLOCK 2, THE LAKES OF RADISSON 18TH ADDITION VACATION NO. V13-05 Sponsors: Keely and Scott Attachments: V13-05 Location Map City Engineer Keely stated the vacation of drainage and utility easement is requested to adjust the lot lines to build the proposed home and meet setbacks. She noted that the applicant owns 100% of the affected property abutting the easement. Mayor Ryan opened the Public Hearing at 8:35 p.m. Mayor Ryan closed the Public Hearing at 8:36 p.m. Introduced, Read, and Placed on File for Second Reading DEVELOPMENT BUSINESS - continued 11. RES 14-010 GRANTING PRELIMINARY PLAT APPROVAL TO -2B SUBDIVIDE 8.54 ACRES INTO 30 SINGLE FAMILY LOTS AND ONE OUTLOT TO BE KNOWN AS THE LAKES OF RADISSON FIFTY-EIGHTH ADDITION AT HARPERS STREET/LAKES PARKWAY. HANS HAGEN HOMES, INC. (CASE FILE NO. 13-0065/SLK) Sponsors: Schafer Attachments: Lakes 58th_Plat - Attachments Lakes 58th_Plat - Public Comments Adopted City of Blaine Page 7 City Council Minutes - Final February 6, 2014 11. RES 14-011 GRANTING A CONDITIONAL USE PERMIT TO ALLOW -2C FOR CONSTRUCTION OF 30 SINGLE FAMILY HOMES IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT AT HARPERS STREET/LAKES PARKWAY. HANS HAGEN HOMES, INC. (CASE FILE NO. 13-0065/SLK) Sponsors: Schafer Attachments: Lakes 58th CUP_Attachments Lakes 58th CUP_Public Comments Adopted 11.-3 RES 14-007 GRANTING A COMPREHENSIVE PLAN LAND USE AMENDMENT FROM NC (NEIGHBORHOOD COMMERCIAL) TO L-MDR (LOW/MEDIUM DENSITY RESIDENTIAL) FOR A 4.63 ACRE PARCEL AT HARPERS STREET/LAKES PARKWAY. GORHAM DEVELOPMENT, LLC. (CASE FILE NO. 13-0060/SLK) Sponsors: Schafer Attachments: Comp Plan_Gorham - Attachments Comp Plan_Gorham - Public Comments Planning Director Schafer stated the developer is requesting to change the land use to L-MDR (Low/Medium Density Residential). He commented the change would allow a residential development of 3-10 units per acre which would be consistent with the housing along Lakes Parkway. Adopted City of Blaine Page 8 City Council Minutes - Final February 6, 2014 11.-4 RES 14-008 GRANTING A COMPREHENSIVE PLAN LAND USE AMENDMENT FROM NC (NEIGHBORHOOD COMMERCIAL) TO L-MDR (LOW/MEDIUM DENSITY RESIDENTIAL) FOR A 4.43 ACRE PARCEL AT HARPERS STREET/LAKES PARKWAY. DONALD KVETON/VILLAGE BANK. (CASE FILE NO. 13-0064/SLK) Sponsors: Schafer Attachments: Comp Plan_Kveton - Attachments Comp Plan_Kveton - Public Comments Planning Director Schaffer stated the property has a land use designation of NC (Neighborhood Commercial) and does not allow for residential. He stated the applicant is requesting to change the land use to L-MDR (Low/Medium Density Residential) because of the lack of interest over the last 10 years for commercial type uses. He noted the change would allow residential development of 3-10 units per acre which is consistent with the housing in the area. Adopted Aye: 6- Mayor Ryan, Councilmember Hovland, Councilmember Swanson, Councilmember Clark, Mayor Pro Tem Bourke and Councilmember Herbst The Following Ordinance is Scheduled for First Reading City of Blaine Page 9 City Council Minutes - Final February 6, 2014 11.-5 ORD 14-2279 GRANTING A REZONING FROM R-1 (SINGLE FAMILY) TO DF (DEVELOPMENT FLEX) FOR WESTON WOODS AT RICE CREEK (FORMER KATE HAVEN GOLF COURSE) AT 8791 LEXINGTON AVENUE NE. MARK OF EXCELLENCE HOMES SECOND READING Sponsors: Schafer Attachments: Weston Woods - Attachments Weston Woods - Public Comments Weston Woods - Jan 14 PC Minutes Planning Director Schaffer stated the applicant is proposing to subdivide an existing golf course into 70 attached twin home style units. He stated the property is zoned R-1 (Single Family) and the applicant is requesting a zoning change to DF (Development Flex). He noted that at the public hearing comments about road improvements on the two roads that lead into the development behind this development Councilmember Swanson asked if staff has talked to the City of Circle Pines about the roads. Planning Director Schafer replied no discussions have been with the City of Circle Pines about road improvements. Mayor Ryan asked about pond cleaning in the neighboring development in Circle Pines and an access issue. Planning Director Schafer replied that pond is a wetland and a discussion with the Water Shed would be necessary. He noted that wetlands are not usually cleaned. Introduced, Read, and Placed on File for Second Reading 12. ADMINISTRATION City of Blaine Page 10 City Council Minutes - Final February 6, 2014 12.-1 RES 14-003 RECEIVE PETITION AND ORDER PUBLIC HEARING VACATION OF STREET RIGHT-OF-WAY FOR THE LAKES PARKWAY AS DEDICATED IN THE LAKES OF RADISSON TWENTIETH ADDITION VACATION NO. V13-06 Sponsors: Keely Attachments: petition.pdf vacation 13-06.pdf City Engineer Keely stated Hans Hagen Homes of Fridley is requesting a vacation of street right-of-way due to the replatting of the adjacent property as The Lakes of Radisson Fifty-Eight Addition and a portion of the right-of-way is no longer needed. She noted that the property owner represents a majority of the affected property owners abutting this easement. Adopted 12.-2 MO 14-027 APPOINT SPECIAL BOARD OF REVIEW FOR 2014 Sponsors: Cross Attachments: Ord. No. 93-1333 BOR.pdf Res. No. 94-24.pdf 2013 BOR List Public.docx Mayor Ryan announced the appointment of the 2014 Special Board of Review members: Jane Daniels, Chair; Randi Erickson, Vice-Chair; Laurie Pekarik; Gary A. Smith; and Lynda M. Riley. Approved City of Blaine Page 11 City Council Minutes - Final February 6, 2014 12.-3 MO 14-021 Approval of Lakeside Commons Permanent Parking Lot Sponsors: Monahan Attachments: Lakeside Commons Park Site Plan 1-21-09.pdf OverflowLot Use.xlsx Hans Hagen Site Plan.pdf Beach Sizes-Parking-Fees-Amenities I-5.xls Park and Recreation Program Supervisor Monahan stated the City has acquired a 1.5 acre property next to the beach and staff is recommending a permanent parking lot be constructed with 125 stalls. He noted that the parking is critical to the function of Lakeside Commons Park. He stated the estimated cost of the project is $210,000 Councilmember Herbst asked if the number of parking spaces could be reduced. Park and Recreation Program Supervisor Monahan replied the number of spaces could be reduced, but overflow parking will be onto the neighborhood roads. He noted that five days in the last three years overflow parking onto neighborhood roads happened. Mike Ryan, 12199 Dunkirk Street, stated the kids that live in the development use the park’s playground year round and parking for the beach is only used when the beach is open. Mayor Ryan asked about the shelter’s capacity. Park and Recreation Program Supervisor Monahan replied the shelter has the capacity to hold 150 people. Councilmember Herbst asked about the timing and cost of building the parking lot. Public Services Manager Therres the parking lot would be built jointly with Hans Hagen to capture cost effectiveness on paving and drainage. Approved as Amended City of Blaine Page 12 City Council Minutes - Final February 6, 2014 Councilmember Clark asked for the number of days the parking lot was at full capacity. Park and Recreation Program Supervisor Monahan replied total capacity for parking was 2013 had four days, 2012 had four days and 2011 had three days. He noted the picnic shelter is booked continuously. Councilmember Clark suggested paving three quarters of the area and allow overflow parking on the grass. Kevin Bross, 12145 Petersburg Court NE, asked if there are other options for overflow parking. Mayor Ryan stated the temporary parking used in past years is no longer available and the City does not want pedestrians crossing the road. Councilmember Bourke asked for the number of parking permits issued in 2013. Park and Recreation Program Supervisor Monahan replied approximately 2,500 permits have been issued. He noted the City has generated approximately $15,000 from the beach permits. Mike Campbell, 2951 122nd Court NE, commented the Council is making decisions without data. He stated he wants to see the right fit/balance for parking in the park. Councilmember Herbst replied the staff has the data and proposed a parking lot that fit the 1.5 acre site. Councilmember Clark asked what it would cost to add the 25 parking spots to the lot sometime in the future. Public Services Manager Therres replied the cost is $2,500 per parking spot. Public Services Manager Therres stated the timeline to build the parking lot for the beach corresponds with the beach opening on June 8, 2014. Approved 12.-4 MO 14-022 MAYORAL APPOINTMENTS TO THE 2014 PLANNING COMMISSION. Sponsors: Cross Attachments: 2013 Planning Commission List REVISED PUBLIC Mayor Ryan announced the 2014 Planning Commission members: Terri Homan, Ward 1; Alan Goracke, Ward 2; Janice Bergstrom, Ward 3; and Joe Ouellette, Chair at Large. Approved City of Blaine Page 13 City Council Minutes - Final February 6, 2014 12.-5 MO 14-023 MAYORAL APPOINTMENTS TO THE 2014 PARK ADVISORY BOARD Sponsors: Cross Attachments: 2013 Park Board Public-REVISED Mayor Ryan announced the 2014 Park Advisory Board members: Jeffrey Lester; Christine Pribbernow; Karen Varian; and Jeffrey Bird, Chair-at-Large. Approved 12.-6 MO 14-024 MAYORAL APPOINTMENTS TO THE 2014 NATURAL RESOURCE CONSERVATION BOARD Sponsors: Cross Attachments: 2013 NRCB Members List (public) Mayor Ryan announced the 2014 Natural Resource Conservation Board members: Gene Rafferty; Benjamin Ruth; Kimberly Gunter; Anthony Castillo; and Jeff Anderson. Approved 13. OTHER BUSINESS None. 14. ADJOURNMENT Adjourned City of Blaine Page 14