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City Council

Regular Meeting

Blaine, MN · February 5, 2015

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Minutes

10801 Town Square Drive City of Blaine Blaine MN 55449 Anoka County, Minnesota Minutes - Final City Council Thursday, February 5, 2015 7:30 PM Council Chambers 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: City Manager Clark Arneson; City Attorney Patrick Sweeney; Planning and Community Development Director Bryan Schafer; Public Services Manager Bob Therres; Finance Director Joe Huss; Police Chief/Safety Services Manager Chris Olson; Communications Technician Roark Haver; Senior Engineering Technician Al Thorp; City Clerk Catherine Sorensen; and Recording Secretary Linda Dahlquist. Present: 7 - Tom Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 4. APPROVAL OF MINUTES 4.-1 MIN 15-04 REGULAR MEETING - 01/08/15 WORKSHOP MEETING - 01/15/15 WORKSHOP MEETING - 01/22/15 REGULAR MEETING - 01/22/15 Approved Aye: 4 - Mayor Ryan, Councilmember Swanson, Councilmember Clark and Councilmember Hovland Abstain: 3 - Councilmember Bourke, Councilmember Herbst and Councilmember King City of Blaine Page 1 City Council Minutes - Final February 5, 2015 5. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS 5.-1 SPEAKER LEGISLATIVE UPDATE 15-01 Senator Alice Johnson, Representative Jerry Newton and Representative Tim Sanders gave a legislative update. Councilmember Herbst stated the City needs transportation dollars for bridges and roads. Senator Johnson replied the Governor has a robust transportation plan statewide. Councilmember Swanson stated the City’s largest road issues are around the Sports Center. He stated the cost for the roads must be covered by the City. Senator Johnson suggested the City and she schedule a meeting with DOT about 105th. Councilmember Hovland stated the rules that come with any funding assistance seems to be unnecessary. He stated bus benches appearance is an issue on County Roads where the City cannot enforce City ordinances. Representative Newton replied the bus benches are a Met Council issue. He noted that Linda Runbeck has been appointed to review bus benches with the Met Council. Councilmember Clark asked if water regulation can be streamlined. He noted there are three government bodies governing water. Representative Newton replied he will be suggesting a Water Czar be appointed within the UofM to centralize water regulation. Representative Sanders replied he is working with committees on rule making reform and streamlining. Informational: no action required 5.-2 PROC 15-01 PROCLAMATION FOR FIRE CAPTAIN DAVE SKOGLUND Mayor Ryan read a Proclamation and thanked Spring Lake Park-Blaine-Mounds View Fire Department Captain Dave Skoglund for his 21 years of service as he retired on February 1, 2015. Informational: no action required 6. COMMUNICATIONS Mayor Ryan stated he attended the first meeting of the Fire Protection Council. Mayor Ryan stated he attended a meeting with the Department of Natural Resources about water issues. City of Blaine Page 2 City Council Minutes - Final February 5, 2015 7. OPEN FORUM FOR CITIZEN INPUT Mayor Ryan opened the Open Forum at 8:05 p.m. Andrea Kish Bailey, 2073 130th Court NE, stated she is here tonight to address the Council on urban farming in the City. She stated the current ordinance against farm animals makes it impossible to have a flock of chickens within residential neighborhoods. She stated she represents a group of residents requesting a change in ordinance to allow backyard hens. Councilmember King stated he has talked with Ms. Bailey and that other cities do have rules and ordinances for farm animals. Councilmember Clark requested a Council Workshop in May. There being no further input, Mayor Ryan closed the Open Forum at 8:10 p.m. 8. ADOPTION OF AGENDA 9. 8:00 P.M. - PUBLIC HEARING AND ITEMS SET FOR A CERTAIN TIME 9.-1 MO 15-015 PRIVATE ON-SALE AND SUNDAY LIQUOR LICENSE FOR MISONO SUSHI ASIAN BISTRO INC. DBA MISONO SUSHI ASIAN BISTRO, LOCATED AT 4345 PHEASANT RIDGE DRIVE, SUITE #204-208, BLAINE, MINNESOTA Mayor Ryan opened the public hearing at 8:11 p.m. City Clerk Sorensen stated Jian Zhao Lin, owner of Misono Sushi Asian Bistro, has submitted a license application, license fee, and background fee for a Private On-Sale and Sunday liquor license. She stated all required forms have been received and placed on file for a Private On-Sale and Sunday liquor license. Mayor Ryan closed the public hearing at 8:13 p.m. Approved Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland City of Blaine Page 3 City Council Minutes - Final February 5, 2015 9.-2 MO 15-016 PRIVATE ON-SALE AND SUNDAY LIQUOR LICENSE FOR FLIPPIN DOUGH, LLC DBA BROADWAY BAR & PIZZA, LOCATED AT 11822 ABERDEEN STREET NE, BLAINE, MINNESOTA Mayor Ryan opened the public hearing at 8:14 p.m. Mayor Ryan closed the public hearing at 8:14 p.m. Approved Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 10. APPROVAL OF CONSENT AGENDA: Approval of the Consent Agenda 10.-1 MO 15-017 SCHEDULE OF BILLS PAID Approved 10.-2 RES 15-015 APPROVE AN OFF-SITE GAMBLING PERMIT FOR SPRING LAKE PARK LIONS AT THE TPC TWIN CITIES, 11444 TOURNAMENT PLAYERS PARKWAY, BLAINE Adopted Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland City of Blaine Page 4 City Council Minutes - Final February 5, 2015 10.-3 ORD 15-2304 SECOND READING CABLE FRANCHISE ORDINANCE AMENDMENT Adopted Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 10.-4 RES 15-016 CABLE FRANCHISE SETTLEMENT - CONDITIONAL TRANSFER RESOLUTION Adopted Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 11. DEVELOPMENT BUSINESS 11.-1 RES 15-017 GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR 2,824 SQUARE FEET OF GARAGE SPACE IN AN FR (FARM RESIDENTIAL) ZONING DISTRICT AT 12116 RADISSON ROAD NE. MATT CHRISTENSON. (CASE FILE NO. 15-0001/SLK) Planning and Community Development Director Schafer stated the property is located in the FR (Farm Residential) zoning district, which allows total garage area up to 3,000 square feet with a conditional use permit. He noted the property owner will be removing an existing home and a small shed that is on the property. He stated a new home will be constructed and will have a 768 square foot attached garage. He stated there is an existing detached accessory building which is 2,056 square feet and will be used for personal storage. Adopted Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland City of Blaine Page 5 City Council Minutes - Final February 5, 2015 11.-2 RES 15-018 GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR INDOOR AUTO SALES IN AN I-2 (HEAVY INDUSTRIAL) ZONING IDSTRICT AT 9999 GOODHUE STREET NE. COLOR MYSTIQUE. (CASE FILE NO. 15-0002/LSJ) Planning and Community Development Director Schafer stated the applicant is requesting a conditional use permit to have indoor auto sales at his facility at 9999 Goodhue Street NE. He noted the applicant purchases vehicles from dealers and private owners. He noted the owner has to have a dealer’s license from the State. Councilmember Bourke asked if applicant has wholesale or retail license. Troy Noble replied the license is a retail license. He noted that all of his vehicles will be indoors. Councilmember Hovland requested a review of CUP uses at the upcoming Council Retreat. Adopted Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 11.-3 RES 15-019 GRANTING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR A 14,200 SQUARE FOOT ADDITION ONTO THE NORTH END OF JOHNSVILLE ELEMENTARY SCHOOL AT 991 125th AVENUE NE. (CASE FILE NO. 15-0003/LSJ) Planning and Community Development Director Schafer stated Anoka Hennepin School District #11 is proposing a 14,200 square foot addition to Johnsville Elementary School. He stated the proposed addition will be on the north side of the existing building. He stated the floor plan indicates nine classrooms will be added to the school. He noted the plans show the existing hard surface play areas will be relocated to the east of the addition and that significant tree removal will be necessary for the addition. Adopted Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland City of Blaine Page 6 City Council Minutes - Final February 5, 2015 11.-4 RES 15-020 GRANTING FINAL PLAT APPROVAL TO SUBDIVIDE 5.24 ACRES INTO TWO (2) LOTS TO BE KNOWN AS BLAINE ALZHEIMER’S SPECIAL CARE CENTER ADDITION AT 11760 ULYSSES LANE NE. JEA SENIOR LIVING. (CASE FILE NO. 14-0067/LSJ) Planning and Community Development Director Schafer stated Council approved a conditional use permit for JEA Senior Living to construct 66 memory care units in a 31,000 square foot building on the southeast corner of Ulysses Street and Ulysses Lane. He stated the site plan that was presented required a new plat due to the subdivision of one large parcel. He stated the final plat consists of 5.94 acres and two new lots: lot 1 is 3.9 acres and will be used for the memory care facility and lot 2 is 1.33 acres and will be marketed as Planned Business District. Adopted Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland City of Blaine Page 7 City Council Minutes - Final February 5, 2015 11.-5 ORD 15-2303 SECOND READING GRANTING A REZONING FROM FR (FARM RESIDENTIAL) TO DF (DEVELOPMENT FLEX) FOR SPRINGBROOK ADDITION AT 129th AVENUE/DUNKIRK STREET NE. SPRINGBROOK LAND, LLC. (CASE FILE NO. 14-0038/SLK) Planning and Community Development Director Schafer stated the preliminary plat proposal consists of subdividing 20 acres into a subdivision with a total of 49 new dwelling units. He stated the developer is proposing different housing styles with different design issues, platting requirements, lot sizes, markets and price ranges. He noted the existing DF (Development Flex) zoning is proposed to establish the minimum standards. Councilmember Bourke asked about the ditch’s condition. Planning and Community Development Director Schafer replied the ditch will be reworked and the developer is working with the watershed district. Councilmember Herbst asked when Xylite will be connected. Planning and Community Development Director Schafer replied Lanar and the Gagmon family are in discussions and something could be decided within the next year or two. Councilmember King commented about a resident that has a water issue due to the development around his property. Planning and Community Development Director replied the developments have brought in dirt in order to raise the land for walkout lots. He stated the storm water in the area will be directed to the ditch and exit to the north. Adopted Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland City of Blaine Page 8 City Council Minutes - Final February 5, 2015 11.-6 RES 15-021 GRANTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE 20 ACRES INTO 49 SINGLE FAMILY LOTS AND SEVEN OUTLOTS TO BE KNOWN AS SPRINGBROOK ADDITION AT 129th AVENUE/DUNKIRK STREET NE. SPRINGBROOK LAND, LLC. (CASE FILE NO. 14-0038/SLK) Planning and Community Development Director Schafer stated the preliminary plat proposal consists of subdividing 20 acres into a subdivision with a total of 49 new dwelling units. He stated the developer is proposing different housing styles with different design issues, platting requirements, lot sizes, markets and price ranges, the existing DF (Development Flex) zoning is proposed to establish the minimum standards. Adopted Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 11.-7 RES 15-022 GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF 49 SINGLE FAMILY LOTS IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT AT 129th AVENUE/DUNKIRK STREET NE. SPRINGBROOK LAND, LLC. (CASE FILE NO. 14-0038/SLK) Planning and Community Development Director Schafer stated the preliminary plat proposal consists of subdividing 20 acres into a subdivision with a total of 49 new dwelling units. He stated the developer is proposing different housing styles with different design issues, platting requirements, lot sizes, markets and price ranges, the existing DF (Development Flex) zoning is proposed to establish the minimum standards. Councilmember King commented there is not a park nearby for this development. Planning and Community Development Director Schafer replied a new park is planned to the east of the development. Adopted Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 12. ADMINISTRATION City of Blaine Page 9 City Council Minutes - Final February 5, 2015 12.-1 ORD 15-2305 FIRST READING CONVEYING LOT 2, BLOCK 1 OF CLOVERLEAF COMMERCE CENTER 4th ADDITION AS PART OF THE BLAINE EDA’S SALE OF CLOVERLEAF COURTS SENIOR FACILITY AT 1011 CLOVERLEAF PARKWAY NE. (CASE FILE NO. 15-0011/BKS) Planning and Community Development Director Schafer stated the EDA agreed to sell the Cloverleaf Courts senior facility at 1011 Cloverleaf Parkway to LaNel Financial Group, Inc. He stated the fire access lane extends east of and back of the parking garage expansion which lies on Lot 2 with the balance of the building on Lot 1. He stated in order to sell to complete the sale, Lot 2 will need to be conveyed along with Lot 1. He noted that Lot 1 is largely wetland and public ditch with little or no development value and is currently tax exempt. Councilmember Herbst asked if staff had a use plan for the land. Planning and Community Development Director Schafer replied there is no use plan. Councilmember Swanson asked if Planning has talked to the Open Space Committee. He stated he has an issue with giving away land. Councilmember Clark asked for the taxable value of the land. Planning and Community Development Director Schafer replied $16,000. Councilmember Bourke suggested placing a restriction on the land so that it cannot be built on. Councilmember Clark suggested the City keep the land. Planning and Community Development Director Schafer commented another option is an easement for the driveway. Council consensus for an easement for the driveway. Removed Prior to Meeting 13. OTHER BUSINESS Councilmember Swanson requested a discussion on TIF at a future Council Workshop. 14. ADJOURNMENT Adjourned City of Blaine Page 10 City Council Minutes - Final February 5, 2015 Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland City of Blaine Page 11

Agenda

10801 Town Square Drive City of Blaine Blaine MN 55449 Anoka County, Minnesota Meeting Agenda - Final City Council Thursday, February 5, 2015 7:30 PM Council Chambers 1. CALL TO ORDER BY THE MAYOR 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF MINUTES 4.-1 MIN 15-04 REGULAR MEETING - 01/08/15 WORKSHOP MEETING - 01/15/15 WORKSHOP MEETING - 01/22/15 REGULAR MEETING - 01/22/15 Attachments: Regular 01/08/15 Workshop 01/15/15 Workshop 01/22/15 Regular 01/22/15 5. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS 5.-1 SPEAKER LEGISLATIVE UPDATE 15-01 Sponsors: Arneson 5.-2 PROC PROCLAMATION FOR FIRE CAPTAIN DAVE SKOGLUND 15-01 Sponsors: Zikmund Attachments: Dave Skoglund 6. COMMUNICATIONS 7. OPEN FORUM FOR CITIZEN INPUT Open Forum is an opportunity for citizens to present an issue or concern to City Council. There is a maximum of fifteen minutes set aside for open forum. Each presentation should be limited to no more than three minutes. If your item needs follow-up from the City, staff will arrange for that follow-up and will contact you to let you know what is being done. Thank you for coming this evening. 8. ADOPTION OF AGENDA City of Blaine Page 1 Printed on 2/2/2015 City Council Meeting Agenda - Final February 5, 2015 9. 8:00 P.M. - PUBLIC HEARING AND ITEMS SET FOR A CERTAIN TIME 9.-1 MO 15-015 PRIVATE ON-SALE AND SUNDAY LIQUOR LICENSE FOR MISONO SUSHI ASIAN BISTRO INC. DBA MISONO SUSHI ASIAN BISTRO, LOCATED AT 4345 PHEASANT RIDGE DRIVE, SUITE #204-208, BLAINE, MINNESOTA Sponsors: Sorensen Attachments: Public Hearing Notice 9.-2 MO 15-016 PRIVATE ON-SALE AND SUNDAY LIQUOR LICENSE FOR FLIPPIN DOUGH, LLC DBA BROADWAY BAR & PIZZA, LOCATED AT 11822 ABERDEEN STREET NE, BLAINE, MINNESOTA Sponsors: Sorensen Attachments: Public Hearing Notice 10. APPROVAL OF CONSENT AGENDA: All items listed under the "Consent Agenda" are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 10.-1 MO 15-017 SCHEDULE OF BILLS PAID Sponsors: Huss Attachments: 01/16/15 Bills Paid 01/23/15 Bills Paid 10.-2 RES APPROVE AN OFF-SITE GAMBLING PERMIT FOR SPRING LAKE 15-015 PARK LIONS AT THE TPC TWIN CITIES, 11444 TOURNAMENT PLAYERS PARKWAY, BLAINE Sponsors: Sorensen 10.-3 ORD SECOND READING 15-2304 CABLE FRANCHISE ORDINANCE AMENDMENT Sponsors: Arneson Attachments: GreatLand Conditional Approval (NMTC-City) 20141217-1 Franchise Amendment (NMTC) 20141212-1 10.-4 RES CABLE FRANCHISE SETTLEMENT - CONDITIONAL TRANSFER 15-016 RESOLUTION Sponsors: Arneson Attachments: GreatLand Conditional Approval (NMTC-City) 20141217-1 Franchise Amendment (NMTC) 20141212-1 11. DEVELOPMENT BUSINESS City of Blaine Page 2 Printed on 2/2/2015 City Council Meeting Agenda - Final February 5, 2015 11.-1 RES GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR 2,824 15-017 SQUARE FEET OF GARAGE SPACE IN AN FR (FARM RESIDENTIAL) ZONING DISTRICT AT 12116 RADISSON ROAD NE. MATT CHRISTENSON. (CASE FILE NO. 15-0001/SLK) Sponsors: Schafer Attachments: 12116 Radisson Rd CUP - Attachments 11.-2 RES GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR INDOOR 15-018 AUTO SALES IN AN I-2 (HEAVY INDUSTRIAL) ZONING IDSTRICT AT 9999 GOODHUE STREET NE. COLOR MYSTIQUE. (CASE FILE NO. 15-0002/LSJ) Sponsors: Schafer Attachments: Attachments - Color Mystique 11.-3 RES GRANTING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW 15-019 FOR A 14,200 SQUARE FOOT ADDITION ONTO THE NORTH END OF JOHNSVILLE ELEMENTARY SCHOOL AT 991 125th AVENUE NE. (CASE FILE NO. 15-0003/LSJ) Sponsors: Schafer Attachments: Johnsville - Attachments 11.-4 RES GRANTING FINAL PLAT APPROVAL TO SUBDIVIDE 5.24 ACRES 15-020 INTO TWO (2) LOTS TO BE KNOWN AS BLAINE ALZHEIMER’S SPECIAL CARE CENTER ADDITION AT 11760 ULYSSES LANE NE. JEA SENIOR LIVING. (CASE FILE NO. 14-0067/LSJ) Sponsors: Schafer Attachments: Attachments - JEA Senior Living 11.-5 ORD SECOND READING 15-2303 GRANTING A REZONING FROM FR (FARM RESIDENTIAL) TO DF (DEVELOPMENT FLEX) FOR SPRINGBROOK ADDITION AT 129th AVENUE/DUNKIRK STREET NE. SPRINGBROOK LAND, LLC. (CASE FILE NO. 14-0038/SLK) Sponsors: Schafer Attachments: Springbrook - Attachments 11.-6 RES GRANTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE 20 15-021 ACRES INTO 49 SINGLE FAMILY LOTS AND SEVEN OUTLOTS TO BE KNOWN AS SPRINGBROOK ADDITION AT 129th AVENUE/DUNKIRK STREET NE. SPRINGBROOK LAND, LLC. (CASE FILE NO. 14-0038/SLK) Sponsors: Schafer 11.-7 RES GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR 15-022 CONSTRUCTION OF 49 SINGLE FAMILY LOTS IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT AT 129th City of Blaine Page 3 Printed on 2/2/2015 City Council Meeting Agenda - Final February 5, 2015 AVENUE/DUNKIRK STREET NE. SPRINGBROOK LAND, LLC. (CASE FILE NO. 14-0038/SLK) Sponsors: Schafer 12. ADMINISTRATION 12.-1 ORD FIRST READING 15-2305 CONVEYING LOT 2, BLOCK 1 OF CLOVERLEAF COMMERCE CENTER 4th ADDITION AS PART OF THE BLAINE EDA’S SALE OF CLOVERLEAF COURTS SENIOR FACILITY AT 1011 CLOVERLEAF PARKWAY NE. (CASE FILE NO. 15-0011/BKS) Sponsors: Schafer Attachments: Cloverleaf Courts - Attachments 13. OTHER BUSINESS 14. ADJOURNMENT City of Blaine Page 4 Printed on 2/2/2015

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