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, April 17, 2014 7:30 PM Council Chambers Meeting Number 14-23 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 3. ROLL CALL Quorum present. ALSO PRESENT: Bryan Schafer, Community Development Director; Bob Therres, Public Services Manager; Dan Szykulski, Police Captain; Jean Keely, City Engineer; Stormwater Manager James Hafner; Roark Haver, Communications Technician; Jane M. Cross, City Clerk; and Recording Secretary Amanda Staple. Present: 5 - Mayor Ryan, Councilmember Hovland, Councilmember Swanson, Councilmember Clark and Councilmember Herbst Absent: 2 - Mayor Pro Tem Bourke and Councilmember Kolb 4. APPROVAL OF MINUTES City of Blaine Page 1 City Council Minutes - Final April 17, 2014 4.-1 TMP 14-1582 BOR WORKSHOP MEETING - 03/24/14 WORKSHOP MEETING - 04/03/2014 REGULAR MEETING - 04/03/2014 Sponsors: Cross Attachments: Workshop Meeting - 04/03/14 Regular Meeting - 04/03/14 BOR Workshop Meeting - 03/24/14 Approved Aye: 3 - Mayor Ryan, Councilmember Hovland and Councilmember Herbst Abstain: 2 - Councilmember Swanson and Councilmember Clark 5. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS None. City of Blaine Page 2 City Council Minutes - Final April 17, 2014 6. COMMUNICATIONS Steve Markuson, Twin Cities Gateway (TCG), explained that the organization is the regional visitor’s bureau and reviewed the member cities. He advised that the organization is funded solely on the three percent local option tax which is paid by visitors that stay in one of the 22 TCG hotels. He stated that there is a grant program available for those wishing to start a new event or contribute to an existing event. He reported a budget this year of $1,000,000 for marketing and promotion only. He stated that tourism is a billion dollar industry and advised that 67 percent of Minnesota tourism occurs within the metro area. He advised that economic development follows tourism and that revenue spreads throughout the community. He noted that additional information can be found on the website www.tcgateway.com <http://www.tcgateway.com>. Mayor Ryan thanked Mr. Markuson and the organization, noting that Councilmember Swanson represents Blaine on the TCG Board. Councilmember Swanson noted that TCG has the lowest operating costs of any tourism agency in the state. Councilmember Hovland stated that he believed the creation of this organization has been a great thing and a great promotion for the member cities. He noted that the City will soon reach the 50th anniversary and advised that there will be a series of events occurring next year to celebrate that milestone. He noted that a Committee will soon be formed to assist with the planning of those events and asked that any interested parties call the City for more information. Mayor Ryan thanked the Chain of Lakes Church for their pancake breakfast which benefited homeless teens. He also thanked the Metropolitan Regional Artists Council for their donation of $3,900 towards World Fest. He expressed concern over the recent devaluation of property due to crime and stated that he would also like to setup a workshop to discuss code enforcement. Councilmember Hovland referenced the program that the police use to track crime in neighborhoods and suggested that information be brought to the workshop. Councilmember Clark stated he is proud of Blaine and believes that there are some fabulous neighborhoods and schools. He acknowledged that there are some problem areas and agreed that the issue should be discussed at a future workshop. City of Blaine Page 3 City Council Minutes - Final April 17, 2014 7. OPEN FORUM FOR CITIZEN INPUT Mayor Ryan opened the Open Forum at 7:45 p.m. Bob Peters, 11226 President Drive NE, spoke in regard to vehicle damage he incurred because of the water main damage that occurred at 111th and 6th Street. He stated that his insurance claim has been denied and expressed frustration with the process for resolution. He felt the area was not monitored correctly and there was not adequate posting to prevent the safety of citizens. He believed that the area should have been blockaded and stated that the road was not graded over until the day after this incident. Mayor Ryan stated that he was unsure that conversation should continue because of possible legal action. He advised that the League of Minnesota Cities has stated that the issue is defendable in court. Mr. Peters stated that staff was aware of the issue and should have monitored the area to ensure resident safety. He noted that the cost of repair was $640. Councilmember Herbst explained that claims are turned over to the League of Minnesota Cities as the insurance company of the City. Mr. Peters stated that he did submit a claim to his insurance company and reported that the claim was paid by his insurance. Mayor Ryan closed the Open Forum at 7:52 p.m. 8. ADOPTION OF AGENDA Mayor Ryan noted that item 10.11 should be removed from the agenda. The agenda was adopted as amended. 9. 8:00 P.M. - PUBLIC HEARING AND ITEMS SET FOR A CERTAIN TIME None. 10. APPROVAL OF CONSENT AGENDA: Adopted the Consent Agenda City of Blaine Page 4 City Council Minutes - Final April 17, 2014 10.-1 MO 14-055 SCHEDULE OF BILLS PAID Sponsors: Huss Attachments: March 2014 Payroll Checks and Wire Transfers 03/28/14 Bills Paid 04/04/14 Bills Paid 10.-2 MO 14-056 APPROVE A KENNEL LICENSE FOR NEW OWNER OF BLAINE KENNELS INC., 10193 FLANDERS STREET NE, BLAINE Sponsors: Cross 10.-3 MO 14-057 APPROVE A VENDING TRUCK LICENSE FOR WINTA ICE CREAM, FASIL AGEGNEHU, OWNER/OPERATOR, 13328 89TH AVENUE N, MAPLE GROVE Sponsors: Cross 10.-4 MO 14-058 APPROVAL OF THE 2014-15 KENNEL LICENSES Sponsors: Cross City of Blaine Page 5 City Council Minutes - Final April 17, 2014 10.-5 MO 14-059 APPROVE THERAPEUTIC MASSAGE ENTERPRISE LICENSE FOR MASSAGE OFF CENTRAL, 11806 ABERDEEN STREET NE, SUITE 180, BLAINE. Sponsors: Cross The Following Ordinance is Scheduled for Second Reading 10.-6 ORD 14-2281 VACATION OF PUBLIC EASEMENT FOR ROADWAY PURPOSES PER DOCUMENT NOS. 311736 AND 311900 VACATION NO. V13-07 Sponsors: Keely Attachments: Location Map.pdf 10.-7 MO 14-060 APPROVE AN INDIVIDUAL MASSAGE THERAPIST LICENSE FOR SAI LIAN ZHU OF MOONLIGHT MASSAGE, 1617 93RD LANE NE, BLAINE Sponsors: Cross 10.-8 MO 14-061 APPROVE AN INDIVIDUAL MASSAGE THERAPIST LICENSE FOR KRISTIN LARSON AT MASSAGE ENVY LOCATED AT 10450 BALTIMORE STREET NE, BLAINE. Sponsors: Cross 10.-9 MO 14-062 APPROVE A VENDING TRUCK LICENSE FOR FAISAL ICE CREAM, 12754 ULYSSES CIRCLE NE, BLAINE Sponsors: Cross 10. MO 14-063 AUTHORIZE PURCHASE OF LIFT STATION -10 REPLACEMENT PUMPS Sponsors: Ulrich City of Blaine Page 6 City Council Minutes - Final April 17, 2014 10. MO 14-064 APPROVE A THERAPEUTIC MASSAGE ENTERPRISE -11 LICENSE FOR TRIGGER POINT THERAPY, 10705 TOWN SQUARE DRIVE, #202, BLAINE Sponsors: Cross 10. MO 14-065 APPROVE A VENDING TRUCK LICENSE FOR -12 BLAINE ANOKA ICE CREAM, FAYSAL HASAN, OWNER/OPERATOR, 922-94TH AVENUE NE, BLAINE, MN. Sponsors: Cross 10. MO 14-066 APPROVE NEW WORLD SOFTWARE MAINTENANCE -13 AGREEMENT Sponsors: City Council Attachments: NWS Software Maintenance Agreement 2014-2019 10. MO 14-067 AUTHORIZE PAYMENT TO AMI IMAGING SYSTEMS, -14 INC., FOR RENEWAL OF SOFTWARE MAINTENANCE AGREEMENT. Sponsors: Peters 11. DEVELOPMENT BUSINESS The Following Two Items are Related and the Ordinance is Scheduled for Second Reading City of Blaine Page 7 City Council Minutes - Final April 17, 2014 11. ORD 14-2282 GRANTING A REZONING FOR A PORTION OF THE -1A PROPERTY FROM R-2 (TWO FAMILY) TO R-1 (SINGLE FAMILY) AT 8845 BALTIMORE STREET NE. KAYAK REMODELING AND REDEVELOPMENT. (CASE FILE NO. 14-0008/LSJ) SECOND READING Sponsors: Schafer Attachments: Madelyn Cove - Attachments Madelyn Cove - Public Comment Community Development Director Schafer noted that there are two actions associated with this request. He advised that the first action would be a rezoning of a portion of the property from R-2 to R-1, noting that the existing duplex would remain under R-2. He advised that there would not be public improvements associated with this project. He advised that all of the proposed lots fit the requirements of the R-1 zoning district. He also referenced a list of conditions specific to the Preliminary Plat. Adopted 11. RES 14-060 GRANTING PRELIMINARY PLAT APPROVAL TO -1B SUBDIVIDE 2.39 ACRES INTO SIX (6) LOTS TO BE KNOWN AS MADELYN COVE AT 8845 BALTIMORE STREET NE. KAYAK REMODELING AND REDEVELOPMENT. (CASE FILE NO. 14-0008/LSJ) Sponsors: Schafer Attachments: Madelyn Cove - Attachments Madely Cove - Public Comment Adopted The Following Two Items are Related City of Blaine Page 8 City Council Minutes - Final April 17, 2014 11. RES 14-061 GRANTING FINAL PLAT APPROVAL TO SUBDIVIDE -2A 3.06 ACRES INTO 27 TOWNHOME LOTS, TWO COMMON LOTS AND THREE OUTLOTS TO BE KNOWN AS LEGACY CREEK 4th ADDITION AT LEGACY CREEK PARKWAY/126th AVENUE NE. SOURCE CONSTRUCTION CAPITAL. (CASE FILE NO. 14-0012/LSJ) Sponsors: Schafer Attachments: Legacy Creek 4th Plat - Attachments Community Development Director Schafer advised that this agenda item also includes two actions including requests for Final Plat approval and Conditional Use Permit (CUP). He noted that this would be the last addition of the Mattamy development. He advised that the Plat is consistent with the Preliminary Plat previously approved by the Council. Adopted 11. RES 14-068 GRANTING CONDITIONAL USE PERMIT APPROVAL TO -2B ALLOW FOR CONSTRUCTION OF 27 TOWNHOME UNITS IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT. LEGACY CREEK 4th ADDITION AT LEGACY CREEK PARKWAY/126th AVENUE NE. SOURCE CONSTRUCTION CAPITAL. (CASE FILE NO. 14-0012/LSJ) Sponsors: Schafer Attachments: Legacy Creek 4th CUP - Attachments Community Development Director Schafer noted that this action would simply extend the Conditional Use Permit from the existing development to include the 27 new lots. Adopted City of Blaine Page 9 City Council Minutes - Final April 17, 2014 11.-3 RES 14-062 FINAL PLAT APPROVAL TO SUBDIVIDE 14.85 ACRES INTO 47 SINGLE FAMILY LOTS AND TWO OUTLOTS TO BE KNOWN AS THE PRESERVE AT LEGACY CREEK 2nd ADDITION AT LEGACY CREEK PARKWAY/128th LANE NE. RYLAND HOMES (CASE FILE NO. 14-0013/LSJ) Sponsors: Schafer Attachments: Preserve at Legacy Creek 2nd - Attachments Community Development Director Schafer presented a Final Plat request from Ryland Homes, noting that the first phase was constructed the previous fall and advised that this would be the second phase. He explained that a connection that had been planned for the future at 131st Avenue would be constructed during this phase, because of the necessity to relocate overhead power lines. Adopted City of Blaine Page 10 City Council Minutes - Final April 17, 2014 11.-4 RES 14-063 GRANTING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR CONSTRUCTION OF A 191-UNIT MARKET RATE APARTMENT COMPLEX IN A PBD (PLANNED BUSINESS DISTRICT) ZONING DISTRICT AND SHARED ACCESS AT ULYSSES STREET/NORTH OF CLOVERLEAF PKWY. BALDWIN PARTNERS. (CASE FILE NO. 12-0044/LSJ) Sponsors: Schafer Attachments: Blaine Apartments - Attachments City Manager Arneson advised that the Planning Commission approved this project in February of 2013, with the Council issuing approval in March of 2013. He noted that this would be a small amendment to the request including a small increase in the number of units and a change to the proposed building materials. He advised that the project meets or exceeds the aspects of the Highway 65 overlay requirements. He reviewed the number of parking stalls, underground and above ground that will be constructed. He noted that the apartment building has an agreement with the Teamsters to allow parking on their site for their bi-annual meetings. He stated that staff recommends approval of the request. Dennis Cornelius, AmCon Construction, thanked the Council for considering the amendment to the project. Councilmember Herbst questioned if there are plans for how snow removal would occur on the site, as there have been problems with apartment buildings asking residents to park on street during that time. Mr. Cornelius stated that while they recognize that can be an issue such plans will be developed by the management company. He reviewed the project timeline, believing that construction would begin this year with the finished product ready by summer of 2015. Councilmember Clark asked for additional information regarding the enhanced aesthetics. Mr. Cornelius advised that the pitch roof has been eliminated in favor of a more urban, flat roof design. Councilmember Clark stated that he preferred the pitched roof and believed that the pitched roof represents more of a high-end product. Councilmember Herbst stated that the market for this type of product prefer this type of aesthetic. Adopted City of Blaine Page 11 City Council Minutes - Final April 17, 2014 12. ADMINISTRATION 12.-1 RES 14-064 RECEIVE FEASIBILITY REPORT AND ORDER PUBLIC HEARING FOR THE 93RD LANE INDUSTRIAL PARK AREA STREET IMPROVEMENTS, PHASE 3, IMPROVEMENT PROJECT NO. 13-24 Sponsors: Keely Attachments: location map.pdf Feasibility Report.pdf City Engineer Keely presented the Feasibility Report for the 93rd Lane industrial park area street improvements, phase three. She reviewed the project area and proposed improvements as well as dates of construction and maintenance. She reported that there are no issues with the sanitary sewer or water mains and described the proposed road improvements. She referenced the storm sewer and noted that all damaged and undersized culverts would be replaced, along with work within the ditches. She estimated a total project cost of $823,900 noting that funding would be provided through assessments and the City’s Pavement Management Fund. She advised that an open house will be held on April 29th with a public hearing to follow on May 15th. Adopted City of Blaine Page 12 City Council Minutes - Final April 17, 2014 12.-2 RES 14-065 RECEIVE FEASIBILITY REPORT AND ORDER PUBLIC HEARING FOR RECONSTRUCTION OF THE EAST CENTRAL AVENUE SERVICE ROAD FROM 87TH AVENUE TO 89TH AVENUE, IMPROVEMENT PROJECT NO. 13-20 Sponsors: Keely Attachments: Location Map landscape.pdf Feasibility Report.pdf City Engineer Keely presented the Feasibility Report for the reconstruction of the East Central Avenue Service Road from 87th Avenue to 89th Avenue. She reviewed dates of construction and maintenance and reported that the sanitary sewer was lined in 2011 and is in good shape. She advised that installation of new hydrants will occur and will be funded through the City’s Utility Fund. She reviewed the proposed road improvements. She estimated a total project cost of $367,740 which will be funded through assessments and the City’s Pavement Management Fund. She reported that an open house will be held on April 29th with a public hearing to follow on May 15th. Councilmember Swanson noted that there are two residential lots included in this commercial area and questioned if the residential lots could be treated at a lower residential assessment. City Engineer Keely stated that staff bases the proposed assessments on the zoning of the property but noted that the Council could consider that amendment. Councilmember Herbst agreed that the residential lots should be considered separately in terms of assessment when the issue comes forward. Adopted City of Blaine Page 13 City Council Minutes - Final April 17, 2014 12.-3 RES 14-066 APPROVE PROGRAMMATIC STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT WITH RICE CREEK WATERSHED DISTRICT Sponsors: Hafner Attachments: Agreement.pdf Stormwater Manager Hafner explained that per the stormwater rules a maintenance agreement is required for each project that comes forward through the Watershed District. He referenced the City projects that triggered this item and advised of disagreement that occurred between the City and the Watershed as to whether this would be required from the City. He explained that the City believes that these best management practices fall under the MS4 Permit. He advised that through negotiations the Watershed has agreed that the City could complete projects without submission of these agreements, with the agreement that the City will provide an annual report regarding maintenance. He stated that staff hopes that a partnership between the two organizations can occur into the future. Adopted 12.-4 RES 14-067 APPROVAL OF CONDITIONAL EXTENSION OF AGREEMENT WITH THE NATIONAL SPORTS CENTER FOR OPERATION OF A BORROW PIT Sponsors: Therres Attachments: NSC original agreement Letter Requesting Permit Extension Public Services Manager Therres presented an extension request through October 31, 2014 for the borrow pit at the National Sports Center (NSC). He provided historical information on the original request and subsequent extensions. He stated that the applicant believes that all of the work could be completed during this summer. He stated that staff would suggest an additional condition that would require the NSC to remove sand and gravel along 105th Avenue and Radisson road. Adopted 13. OTHER BUSINESS Motion City of Blaine Page 14 City Council Minutes - Final April 17, 2014 14. ADJOURNMENT Adjourned City of Blaine Page 15