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, May 1, 2014 7:30 PM Council Chambers Revised Agenda Meeting Number 14-25 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, Planning Director; Bob Therres, Public Services Manager; Joe Huss, Finance Director; Chris Olson, Police Chief/Safety Services Manager; Jean Keely, City Engineer; Roark Haver, Communications Technician; Al Thorp, Senior Engineering Technician; Jane Cross, City Clerk; and Recording Secretary Linda Dahlquist. Present: 6 - Mayor Ryan, Councilmember Hovland, Mayor Pro Tem Bourke, Councilmember Clark, Councilmember Kolb and Councilmember Herbst Absent: 1 - Councilmember Swanson 4. APPROVAL OF MINUTES City of Blaine Page 1 City Council Minutes - Final May 1, 2014 4.-1 MIN 14-19 WORKSHOP MEETING - 04/10/14 Sponsors: Cross Attachments: Workshop Meeting 04/10/14 Approved 5. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS 5.-1 PROC 14-03 ARBOR DAY 2014 Mayor Ryan proclaimed May 10, 2014 to be Arbor Day and the month of May to be Arbor Month in the City of Blaine. Informational: no action required 6. COMMUNICATIONS Mayor Ryan stated trees can be purchased. Councilmember Clark asked about the plans for the corner of Highway 65 and 109th. Planning and Community Development Director Schafer replied the structures were removed and the soil needs remediation. He stated a building will be built and will house a coffee shop and other businesses. Mayor Ryan thanked the volunteers that helped at Kane Meadow Park. Mayor Ryan thanked Connexus Energy for their work on repairing the downed power lines from the storm. 7. OPEN FORUM FOR CITIZEN INPUT Mayor Ryan opened the Open Forum at 7:39 p.m. There being no input, Mayor Ryan closed the Open Forum at 7:40 p.m. 8. ADOPTION OF AGENDA 9. 8:00 P.M. - PUBLIC HEARING AND ITEMS SET FOR A CERTAIN TIME Moved on the agenda to follow agenda item 11.6. City of Blaine Page 2 City Council Minutes - Final May 1, 2014 10. APPROVAL OF CONSENT AGENDA: Adopted the Consent Agenda 10.-1 MO 14-068 SCHEDULE OF BILLS PAID Sponsors: Huss Attachments: 04/11/14 Bills Paid 04/18/14 Bills Paid 10.-2 RES 14-069 APPROVE TEMPORARY ROAD CLOSURES OF PORTIONS OF HARPERS STREET AND LAKES PARKWAY FOR BLAINE TRIATHLON Sponsors: Monahan Attachments: Blaine Triathlon Road Closure for Council.pdf 11. DEVELOPMENT BUSINESS 11.-1 RES 14-070 CONDITIONAL USE PERMIT AMENDMENT TO HAVE UP TO 1,735 SQUARE FEET OF GARAGE SPACE BY CONSTRUCTING A 419 SQUARE FOOT ADDITION ONTO THE EXISTING 832 SQUARE FOOT DETACHED GARAGE AT 3053 RODEO DRIVE NE. MIKE AND PATTY KRIEGER. (CAES FILE NO. 14-0017/SLK) Sponsors: Schafer Attachments: 3053 Rodeo Drive - Attachments Planning and Community Development Director Schafer stated the applicant is requesting a conditional use permit (CUP) amendment to construct a 419 square foot addition to an existing detached accessory building. He noted a CUP is required for accessory building space in excess of 1,200 square feet. He stated the proposed addition would be located on the rear side of the existing detached building and will match architecturally with the existing house and attached garage. Adopted City of Blaine Page 3 City Council Minutes - Final May 1, 2014 11.-2 RES 14-071 CONDITIONAL USE PERMIT AMENDMENT TO CONSTRUCT A MULTI-GENERATIONAL HOME WITH AN ACCESSORY FAMILY LIVING UNIT AT 11659 ST. ANDREWS CIRCLE NE. TJB HOMES. (CASE FILE NO. 14-0016/BKS) Sponsors: Schafer Attachments: 11659 St. Andrews Village - Attachments Planning and Community Development Director Schafer stated the City’s zoning does not allow accessory family living units in R-1 zoning districts. He stated that the home has been issued a building permit but elements that establish a separate living unit have been left out of the construction. He noted the CUP amendment allows the owner to install a full kitchen with a stove as part of a lower level 1,200 square foot living area. He stated access will be from within the home and the unit cannot be rented to a non-family member. Councilmember Bourke asked who is considered a family member. Planning and Community Development Director Schafer replied the family member is considered a parent, sibling or child, and not rented out. He noted the owner would need to tear out the kitchen when the unit is no longer used. Councilmember Kolb commented she would not ask the homeowner to tear out the kitchen. Planning and Community Development Director Schafer replied only the stove would be required to be removed. Councilmember Hovland commented homeowners that rent out space in their home is practical. Adopted City of Blaine Page 4 City Council Minutes - Final May 1, 2014 11.-3 RES 14-072 CONDITIONAL USE PERMIT TO OPERATE A 1,249 SQUARE FOOT MUSIC ACADEMY IN AN I-1 (LIGHT INDUSTRIAL) ZONING DISTRICT AT 3529 88th AVENUE NE. MINNESOTA GUITAR ACADEMY-ERIC NEHRING. (CASE FILE NO. 14-0018/BKS) Sponsors: Schafer Attachments: MN Guitar Academy - Attachments Planning and Community Development Director Schafer stated the applicant is applying for a conditional use permit (CUP) to operate a music studio (Guitar Academy). He stated the business will occupy 1,249 square feet in a multi-tenant building with the zoning of I-1 (Light Industrial). He noted the business is an educational use commercial service is a conditional use within I-1 zoning district. He stated the business will be operated with one instructor with classes by pre-scheduled appointments on Monday through Friday from 3:00-9:00 p.m. Eric Nehring, Director and Owner of Minnesota Guitar Academy, stated the business is educational. He currently has 27 students in Spring Lake Park. He noted he is a resident of Blaine. He commented his students ages range from 5 to 60’s. He noted he will be hiring one more educator. Adopted City of Blaine Page 5 City Council Minutes - Final May 1, 2014 11.-4 RES 14-079 GRANTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE .50 ACRES INTO TWO SINGLE FAMILY LOTS TO BE KNOWN AS CALLY’S COVE 2nd ADDITION AT 91XX DUNKIRK STREET NE. JOHN PETERSON. (CASE FILE NO. 14-0004/LSJ) Sponsors: Schafer Attachments: Cally's Cove 2nd - Attachments.pdf Planning and Community Development Director Schafer stated the applicant is proposing to subdivide an existing outlot into two single-family lots. He stated the applicant did not have the necessary right-of-way for Dunkirk Street to subdivide the outlot when the development was established in 2006, but now the property owner to the east will be granting an easement to allow the right-of-way for Dunkirk Street to be established on his property making the subdivision possible. He noted sufficient right-of-way does not exist to the south of this plat so the road will end in a temporary cul-de-sac. Councilmember Hovland asked if the City has discussed getting access to the right-of-way to the south. Planning and Community Development Director Schafer replied the same property owner owns that lot. Adopted 11.-5 RES 14-073 CONDITIONAL USE PERMIT TO OPERATE AN AUTOMOTIVE REPAIR SHOP (PASSENGER VEHICLE SERVICE) IN AN I-1 (LIGHT INDUSTRIAL) ZONING DISTRICT AT 9245 BALTIMORE STREET NE. FAMILY AUTO CARE. (CASE FILE NO. 14-0009/SLK) Sponsors: Schafer Attachments: Family Auto Care - Attachments Planning and Community Development Director Schafer stated the applicant is applying for a conditional use permit to expand his automotive repair business to an 11,000 square foot building zoned as I-1(Light Industrial). He noted the business activities will be limited to general automotive repairs and no auto body or auto glass work will be performed. Tim Price, representative of Family Automotive, stated he is expanding his business in Blaine. Adopted City of Blaine Page 6 City Council Minutes - Final May 1, 2014 11.-6 RES 14-074 GRANTING A CONDITIONAL USE PERMIT TO OPERATE A 107,835 SQUARE FOOT SELF STORAGE FACILITY THAT INCLUDES A THREE STORY ADDITION TO THE EXISTING BUILDING IN A B-3 (REGIONAL COMMERCIAL) ZONING DISTRICT AT 9941 CENTRAL AVENUE NE. METRO STORAGE BLAINE, LLC. (CASE FILE NO. 14-0011/LSJ) Sponsors: Schafer Attachments: Metro Storage - Attachments Planning and Community Development Director Schafer stated the applicant, Metro Storage, is proposing to occupy the existing building and build a three story addition to be used as a self-storage facility. He stated a conditional use permit is required in a B-3 (Regional Commercial) zoning district. He stated the proposed facility will comprise 107,835 square feet, climate controlled and fire sprinkled. Councilmember Kolb asked if the City has photographs and if the storage units can be seen through the windows. Planning and Community Development Director Schafer replied yes. Bob Heilman, Metro Storage 13250 Boulton Blvd., Lake Forest Illinois 60045, stated the windows will be tinted because they face west. He gave an overview of the interior of the building. Adopted 8:00 P.M. - PUBLIC HEARING AND ITEMS SET FOR A CERTAIN TIME The following item was continued from the April 3, 2014 agenda. City of Blaine Page 7 City Council Minutes - Final May 1, 2014 1 RES 14-051 ORDER IMPROVEMENT AND ORDER PREPARATION OF PLANS AND SPECIFICATIONS FOR THE PARTIAL RECONSTRUCTION OF JEFFERSON STREET FROM 125TH LANE TO THE NORTHERN CITY LIMITS, IMPROVEMENT PROJECT NO. 13-18 Sponsors: Keely Attachments: Exhibit 1 Jefferson Location.pdf Mayor Ryan opened the public hearing at 8:07 p.m. City Engineer Keely stated the proposed improvements include spot concrete curb and gutter replacement, installation of concrete sidewalk, storm sewer structures, asphalt surface, traffic control signage, striping, and appurtenant construction for Jefferson Street from 125th Avenue to the northern City limits. She stated the proposed project is to be assessed over a ten-year period. She stated replacement of existing sanitary sewer castings/rings is proposed to be paid for from the Public Utility fund. She stated the remaining portion is to be paid from the Municipal State Aid Street fund and the Pavement Management Program fund. She noted that the project is necessary, cost-effective, feasible, and will result in a benefit for the properties proposed to be assessed. She stated the City was contacted by the owner of 13040 Jefferson Street who questioned the need for a sidewalk and the assessments; the owner of 605 129th Avenue on the cost to move the power poles on the east side of the street; the owner of 13080 Jefferson Street supporting a side walk on the east side for the safety of area children; and the owner of 12613 Jefferson spoke with the City forester about his property on the east side. Juan Munoz, 13025 Jefferson Street NE, stated he has lived there for 12 years. He agrees a sidewalk is needed on Jefferson Street. He commented he has concern for the trees. Craig Thompson, 12613 Jefferson Street, stated he sent the City a petition from 21 of the neighborhood residents and he also collected information from 9 of the 11 residents on the west side of Jefferson. He noted that the forester said there would be a lot of damage to the trees if a sidewalk were placed on the east side of the street. He gave an overview of the wishes of the neighborhood residents: from the east side - two people, east side only - zero, west side - three people, west side only - seven people, do not care which side - two people, no side walk whatsoever - seven people. He thanked Mayor Ryan, Councilmember Herbst, and Councilmember Clark for coming out to the neighborhood. Sam Alexander-Sedey, 12948 Madison Street NE, stated he has lived in his City of Blaine Page 8 City Council Minutes - Final May 1, 2014 home for seven years. He stated that he had met with the former City Manager before he built his home and asked if Jefferson would be worked on in the near future and he also asked the developer if Jefferson would be worked on and was told from both 10-15 years. He stated he walked where the sidewalk would be located on the east side of Jefferson and the vehicles were too close to him. He stated he is not in favor of a sidewalk on Jefferson. He commented he would lose five oak trees in his backyard. He stated speed enforcement needs to be done on Jefferson. Connie Meyers, 13247 Jefferson Street NE, stated she has lived in her home for 51 years. She stated the traffic at certain times of the day and certain months of the year is like a highway with speeding vehicles and big trucks. She commented she has called the Police Department several times and would like more police protection. She stated she is not in favor of a sidewalk. She commented she does not see kids walking on the road like they used to do. She stated fix the road, but sidewalk is not needed. Cindy Gaasvig, 12641 Jefferson Street NE, stated she had questions from the last meeting. She stated the road needs to be fixed. She asked: if the assessment percentage rate will be at 5% or 6%; the electrical poles and the poles distance from the road, security of the home owners’ mail boxes, the school’s road included in the assessment, and the trouble she has getting out of her driveway from 7:20-7:45 a.m. due to it being blocked by cars going to the school. City Engineer Keely replied the interest rate will be set for the project this fall. She noted that assessment projects for the last two years have been between 5-5.5 percent. She stated the design of the project has not been determined yet. She noted the poles are in the public right-of-way. She stated the school does not have property on Jefferson Street; the road is on the church’s property and Anoka County’s property. She noted the City does not have the history on Bengal Drive and noted it is not a City street. Councilmember Kolb asked about the cost to move power poles and what utilities are under the street. City Engineer Keely replied when the poles are in the public right-of-way there is no cost to the City. She stated it is common for sidewalks to be over utilities. Ms. Gaasvig commented that the ground is dug up continuously where the sidewalk would be located. She also noted a power pole near her house frightens her because of its proximity. Councilmember Herbst asked if the speed could be reduced on the road. City Engineer Keely replied the Commissioner of Transportation determines the speed of roads. City of Blaine Page 9 City Council Minutes - Final May 1, 2014 Councilmember Herbst commented if the sidewalk is placed on the west side of the road, there will be less damage. Ms. Gaasvig stated a retaining wall would need to be built to hold the oak tree in her front yard if the sidewalk is built on the east side of the road. Paul Sorenson, 13169 Terrace Road NE, stated his property abuts Jefferson. He asked staff for the assessment criteria for the people that live on Jefferson. City Engineer Keely replied it would be possible for the property owner to request access from Jefferson for his parcel, so his property was included in the assessment. Councilmember Herbst asked if the property could get Municipal Urban Service Area (MUSA). City Engineer Keely replied the property is out of the MUSA. She stated sewer and water could be brought to this area with a change in the City’s Comprehensive Plan. She noted the City’s Comprehensive Plan is due to be updated in 2018. Mr. Sorenson stated the properties that currently do not have driveway access to Jefferson are not being assessed. City Engineer Keely noted 6% of the residents will be assessed. Mr. Sorenson commented his property is wetland and that it is in a flood plain, and not buildable. Councilmember Kolb stated she would be in favor of removing Mr. Sorenson’s property from the assessment roll. Councilmember Clark clarified that Mr. Sorenson’s home is accessed from Terrace. Mr. Sorenson replied yes. Mr. Sorenson suggested that an assessment be made if and when the property is built. City Engineer Keely clarified that the City could charge a sewer and water connection fee per State statue to provide City sewer and water to the property, but the City cannot charge for street assessments. Councilmember Herbst asked if the two lots were combined, could an assessment be made. City Engineer Keely replied if the two lots are combined, no assessment would be made for Jefferson, but would be for Terrace. Councilmember Kolb commented Mr. Sorenson’s property does not have a driveway access to Jefferson the same as the school. Mr. Sorenson stated the water drainage on Jefferson south of 101st Lane goes into storm sewers and proper channels; although north of 101st the storm water flows onto his property. He noted that annually the City uses a backhoe City of Blaine Page 10 City Council Minutes - Final May 1, 2014 to dig out the area to help drainage. City Engineer Keely stated the original construction was in 1976 and it was common that the drainage patterns would continue naturally. She stated today, drainage easements are made, but they are not in place for this lot. She noted that the road is a partial reconstruction replacing the pavement. Mr. Sorenson noted that he is ambivalent on the location of the sidewalk. He noted the City would be less encumbered if the sidewalk is located on the west. Lois Ziebol, 13041 Jefferson Street NE, asked for the comparison of costs for the sidewalk on the east and the west. City Engineer Keely stated the sidewalk is not part of the assessment and it is paid for from the Municipal State Aid funds. Ms. Ziebol stated she is in favor of a sidewalk. Mr. Alexander-Sedey asked if the road grade can be addressed. Councilmember Herbst replied the grade issue is located on the road that is in Ham Lake. Aminkeng Tazisong, 12968 Madison Street NE, stated he does not mind having a sidewalk. He stated his backyard is small and a sidewalk would make it smaller. He stated the speed on Jefferson is too fast and asked if it could be reduced to 30 miles per hour. Mayor Ryan commented road speeds usually do not go down when they are reviewed. Councilmember Hovland left the meeting at 9:00 p.m. and returned at 9:02 p.m. Bob Ziebol, 13041 Jefferson Street NE, asked if stop sign warrants could be met for Jefferson. City Engineer Keely replied additional stop signs were not proposed in the project. She noted that the road did not meet warrants. She stated the project is in a preliminary planning stage and additional information will be brought back to the Council. She noted that staff was not recommending any changes. Claire Foner, 13060 Jefferson Street NE, asked who is responsible for the snow removal on the sidewalk. Mayor Ryan replied the City is responsible for snow removal. Ms. Towner suggested restriping the road with a wider bike path for walkers. Mayor Ryan closed the public hearing at 9:02 p.m. Councilmember Herbst stated he is in favor of a sidewalk on the west side of City of Blaine Page 11 City Council Minutes - Final May 1, 2014 Jefferson. Councilmember Kolb asked if the power lines could go underground. City Engineer Keely stated the City would endure the cost to bury the power lines. Councilmember Kolb asked about the cost of flashing pedestrian sign for the school crossing. City Engineer Keely replied she would research the cost to purchase, install and maintain flashing pedestrian sign. City Engineer Kolb stated restriping the road would be a full reconstruction. City Engineer Keely replied the stripe on the right side of the road will be maintained. Councilmember Herbst asked if a flashing speed sign could be installed on Jefferson. City Engineer Keely replied the Council could decide to install a flashing speed sign on the road. Councilmember Kolb asked if the City’s trail will link to the north. City Engineer Keely replied Blaine’s trails will connect to the north property line. She stated MSA dollars would pay for the trail. Councilmember Hovland stated he is in favor of a trail or sidewalk on the west side of the Jefferson. Councilmember Clark questioned the location of the sidewalk and why staff suggested locating the sidewalk on the east side. City Engineer Keely stated there are more residences on the east side of the road and also there are two parks. Councilmember Clark asked for the timeframe of the project. City Engineer Keely replied construction plans were to have the project finished before the start of the school year; although the project is now delayed by one month. Adopted As Amended Amended 12. ADMINISTRATION City of Blaine Page 12 City Council Minutes - Final May 1, 2014 12.-1 RES 14-075 APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR THE RECONSTRUCTION OF ABLE STREET FROM CSAH 10 TO 89TH AVENUE, IMPROVEMENT PROJECT NO. 13-19 Sponsors: Keely Attachments: Exhibit 1 Able St Location with aerial.pdf City Engineer Keely stated Able street averages 3,900 vehicles per day the minimum Municipal State Aid (MSA) street design is concrete curb and gutter at 32 foot wide to accommodate two twelve foot travel lanes and one eight foot parking lane on the east side. She stated the propose striping will delineate this lane configuration and parking restrictions will remain on the west side of the street. She stated Anoka County received a resident request to consider concrete for the north leg of the intersection with Able Street and CSAH 10 and look at drainage issues in the rural ditch drainage system along the north side of CSAH 10. City Engineer Keely stated the proposed improvements include installation of concrete curb and gutter, spot concrete sidewalk replacement, storm sewer and structure, asphalt surface, traffic control signage, striping, and appurtenant construction for Able Street from CSAH 10 to 89th Avenue. She stated the proposed project is to be assessed over a ten-year period. She stated replacement of existing sanitary sewer castings/rings and replacement of existing hydrant and gate valves will be paid for by the City Public Utility fund and the remaining portion is to be paid from the City’s Municipal State Aid Street fund and the Pavement Management Program fund. She noted that the project is necessary, cost-effective, feasible, and will result in a benefit for the properties proposed to be assessed. Adopted City of Blaine Page 13 City Council Minutes - Final May 1, 2014 12.-2 RES 14-076 APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR THE MILL AND OVERLAY OF NAPLES STREET FROM 95TH AVENUE TO THE 103RD STREET ALIGNMENT, IMPROVEMENT PROJECT NO. 13-23 Sponsors: Keely Attachments: Naples location map.pdf City Engineer Keely stated the proposed project improvements include a 4-inch bituminous overlay, 3 ½-inch full-width mill, and appurtenant construction for Naples Street from 95th Avenue to the 103rd Street alignment. She stated the proposed project is to be assessed over a five-year period and the remaining portion is to be paid from the City’s Municipal State Aid Street fund and Pavement Management Program fund. She noted that the project is necessary, cost-effective, feasible, and will result in a benefit for the properties proposed to be assessed. Adopted City of Blaine Page 14 City Council Minutes - Final May 1, 2014 12.-3 RES 14-077 APPROVE JOINT POWERS AGREEMENT WITH THE CITY OF LEXINGTON FOR THE RECONSTRUCTION OF FLOWERFIELD ROAD FROM LAKE DRIVE TO LEXINGTON AVENUE, IMPROVEMENT PROJECT NO. 13-22 Sponsors: Keely Attachments: Flowerfield Road location map.pdf FlowerfieldJPA Blaine-Lexington.pdf City Engineer Keely stated the Council ordered the preparation of a feasibility report for a Joint Powers Agreement with the City of Lexington to reconstruct Flowerfield Road from Lake Drive to Lexington Avenue. She stated prior to preparation of the Feasibility Report a Joint Powers Agreement between the City of Blaine and the City of Lexington has been prepared to clarify the division of cost, design, contract administration responsibilities and other miscellaneous details. She stated the main points of the JPA are that the costs for the project will be split between Blaine and Lexington based on project corridor front footage; Lexington will provide all survey engineering design, construction inspection and project administration; Blaine will be included in determining general scope and design parameters, construction inspection to the City’s standards; both cities shall approve the final design prior to project bidding. She commented that both cities share the responsibilities and costs as outline in the JPA. She noted that if the JPA is approved by Council, staff will work with Lexington on completing a topographic survey, which will be used to develop the general project design parameters for the storm sewer system in order to prepare the Feasibility Report. Adopted 12.-4 RES 14-078 APPOINTING TASK FORCE TO CONSIDER CONSTRUCTION OF A COMMUNITY CENTER IN CITY OF BLAINE Sponsors: Therres Attachments: Community Center Task Force Applicants 2 Public Services Manager Therres stated the Council has discussed the possibility of having a Community Center in the City and the next step is to appoint a Citizen Task Force to look at the possibility of a Community Center. She stated the task force will consist of two representatives from the Chamber of Commerce, one representative from the Blaine Senior Advisory Board, seven representatives from the athletic associations; one representative from ISD 16, one representative from Blaine Park Board, and nine residents. Adopted City of Blaine Page 15 City Council Minutes - Final May 1, 2014 12.-5 MO 14-069 MANDATORY DATA SECURITY REQUIREMENTS Sponsors: Olson Safety Services Manager/Police Chief Olson stated the Blaine Police Department utilizes data supplied by the FBI and the State of Minnesota Bureau of Criminal Apprehension (BCA). He stated the FBI has security requirements to follow related to encryption of data and following guidelines of advanced authentication. He noted the policies address all data access terminals, but are specific to mobile data terminals in squad cars. He stated six systems were reviewed and one was identified as the best solution, which is a partnership with the Fridley Police Department and their I.T. vendor NetMedics. He stated there is a one-time setup fee that will be paid from forfeiture funds. Approved 13. OTHER BUSINESS None. 14. ADJOURNMENT Adjourned City of Blaine Page 16