City Council

10801 Town Square Drive City of Blaine Blaine MN 55449 Anoka County, Minnesota Minutes - Final City Council Thursday, September 17, 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; City Engineer Jean Keely; Communications Technician Roark Haver; Senior Engineering Technician Jason Sundeen; 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 15-25 RECENTLY HELD MEETINGS Moved by Councilmember Hovland, seconded by Councilmember Herbst, that the Workshop Meeting Minutes of September 3, 2015 and the Regular Meeting Minutes of September 3, 2015, be approved. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 5. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS 5.-1 PROC 15-05 PROCLAMATION DECLARING OCTOBER AS NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH City of Blaine Page 1 City Council Minutes - Final September 17, 2015 Mayor Ryan proclaimed October as National Domestic Violence Awareness Month. Jess Cheney, Alexandra House, thanked the Council for their support and announced the Walk for Hope on September 26, 2015. Informational: no action required 6. COMMUNICATIONS Mayor Ryan thanked the Parks Department, Police Department, staff and volunteers their work on the Triathlon. Mayor Ryan stated the Yellow Ribbon Committee met with over 200 Veterans at the 5K Run to Prevent Suicide. He noted the committee meets the 2nd Tuesday of each month. Mayor Ryan stated he will no longer be holding regular office hours at City Hall but encourages residents to call him if they want to speak to him. 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 7:39 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 12.4. 10. APPROVAL OF CONSENT AGENDA: Councilmember Bourke removed agenda item 10.3. Councilmember King removed agenda item 10.4. Moved by Councilmember Herbst, seconded by Councilmember Bourke, that the following be approved: Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 10.-1 MO 15-116 SCHEDULE OF BILLS PAID City of Blaine Page 2 City Council Minutes - Final September 17, 2015 Approved 10.-2 MO 15-117 ENTER INTO A FIVE YEAR AGREEMENT WITH PEPSI COLA CORPORATION AS THE EXCLUSIVE BEVERAGE DISTRIBUTOR AT THE LEXINGTON ATHLETIC COMPLEX Approved 10.-3 MO 15-118 APPROVE 2015 - 2016 DEICING CHEMICAL CONTRACT PURCHASE FOR $292,560.00 Councilmember Bourke requested the cost of the deicing chemical and if more is needed. Public Services Manager Therres replied the cost is $2 dollars per ton more than last year and the order amount is the same as last year. Moved by Councilmember Bourke, seconded by Councilmember King that, Motion 15-118, “Approve 2015 – 2016 Deicing Chemical Contract Purchase for $292,560.00,” be approved. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 10.4 MO 15-122 APPROVE AN AMUSEMENT DEVICE LICENSE FOR WAL-MART #3498, 4369 BALL ROAD NE, BLAINE Councilmember King asked what type of device requires an amusement device license. City Clerk Sorensen stated an amusement device license is required for examplefor a small ride for children. Moved by Councilmember King, seconded by Councilmember Herbst, that Motion 15-122, “Approve an Amusement Device License for Wal-mart #3498, 4369 Ball Road NE, Blaine,” be approved. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 11. DEVELOPMENT BUSINESS 11.-1 RES 15-158 GRANTING FINAL PLAT APPROVAL TO SUBDIVIDE 3.19 ACRES INTO 11 DETACHED TOWNHOME LOTS TO BE KNOWN AS CAROLE’S COVE AT NORTH ROAD EAST OF JEWEL STREET. FRANK FEELA. (CASE FILE NO. 15-0009/LSJ) Planning and Community Development Director Schafer stated the applicant is proposing to develop a 3.19 acre property with R-1 (Single Family) zoning and LDR (Low Density Residential) land use located north of North Road and City of Blaine Page 3 City Council Minutes - Final September 17, 2015 west of Lever Street. Councilmember Swanson asked about the homes price point. Frank Feela stated the start point is $280,000 and the builder is Sherco. Moved by Councilmember Swanson, seconded by Councilmember Herbst that Resolution 15-158, “Granting Final Plat Approval to Subdivide 3.19 Acres into 11 Detached Townhome Lots to be known as Carole’s Cove at North Road East of Jewel Street,” be approved. Planning and Community Development Director Schafer stated the applicant is proposing to develop a 3.19 acre property with R-1 (Single Family) zoning and LDR (Low Density Residential) land use located north of North Road and west of Lever Street. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 11.-2 ORD 15-2322 SECOND READING GRANTING A CODE AMENDMENT TO CHAPTER 31 TO ESTABLISH THE PBD-A (PLANNED BUSINESS DISTRICT-AIRPORT) ZONING DISTRICT. CITY OF BLAINE. (CASE FILE NO. 15-0053/BKS) Planning and Community Development Director Schafer stated MAC (Metropolitan Airport Commission) is preparing to market excess land at two locations for non-aviation commercial development at the corner of 105th and Radisson and along 85th Avenue at Airport Road and the proposed code amendment will create an airport type business district with parameters and general standards for commercial/industrial development. Councilmember Bourke asked if a service station would be allowed. Planning and Community Development Director Schafer replied if something is proposed that is not on the list, the Council would have to amend the zoning ordinance in order to approve additional uses. Moved by Mayor Ryan, seconded by Councilmember Hovland that Ordinance 15-2322, “Granting a Code Amendment to Chapter 31 to Establish the PBD-A (Planned Business District-Airport) Zoning District,” be approved. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 11.-3 RES 15-159 GRANTING A COMPREHENSIVE PLAN LAND USE AMENDMENT FROM A (AIRPORT) TO ABD (AIRPORT BUSINESS DISTRICT) AT 2030 105TH AVENUE NE. METROPOLITAN AIRPORTS COMMISSION. (CASE FILE NO. 15-0045/BKS) City of Blaine Page 4 City Council Minutes - Final September 17, 2015 Planning and Community Development Director Schafer stated the 3 acres will be re-guided. He noted an amendment will need to be made to the Comp Plan Councilmember Clark stated the Council’s rationale for limiting the proposed uses for the property on 105th Avenue is due to concerns about heavy traffic impacts already in the area. Councilmember Swanson asked if the parcel is leased to commercial would it be assessable. City Manager Arneson replied the City can assess State property. Moved by Mayor Ryan, seconded by Councilmember Hovland that Resolution 15-159, “Granting a Comprehensive Plan Land Use Amendment from A (Airport) to ABD (Airport Business District) at 2030 105th Avenue NE,” be approved. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 11.-4 ORD 15-2323 SECOND READING GRANTING A REZONING FROM A (AIRPORT) TO PBD-A (PLANNED BUSINESS DISTRICT-AIRPORT) AT 2030 105TH AVENUE NE. METROPOLITAN AIRPORTS COMMISSION. (CASE FILE NO. 15-0045/BKS) Planning and Community Development Director Schafer stated the zoning would change 30 days after adoption. Councilmember Bourke asked if approving this ordinance sets precedence. Planning and Community Development Director Schafer replied no. Councilmember King asked if the parcels are rezoned and leased or purchased does the City have right of first refusal to purchase the property. City Manager Arneson stated yes through the EDA. He stated when a written offer is received; the City has 60-90 days to purchase the property at the price in the offer. Planning and Community Development Director Schafer replied all the uses require a conditional use permit. Moved by Mayor Ryan, seconded by Councilmember Bourke that Ordinance 15-2323, “Granting a Rezoning from A (Airport) to PBD-A (Planned Business District-Airport) at 2030 105th Avenue NE,” be approved. Motion adopted unanimously. 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 September 17, 2015 12. ADMINISTRATION 12.-1 MO 15-119 AUTHORIZE PURCHASE ORDER FOR TWO 2016 DUMP TRUCK REPLACEMENTS Public Services Manager Bob Therres stated staff would like to place an order for two dump trucks in 2015 and pay for the trucks from the 2016 Capital budget which will save the City money as the prices will be increasing in 2016. Moved by Councilmember Herbst, seconded by Councilmember Bourke that Motion 15-119, “Accepting Purchase Order for Two 2016 Dump Truck Replacements,” be approved. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 12.-2 RES 15-160 ACCEPT BID FROM MIDWEST ASPHALT CORPORATION IN THE AMOUNT OF $315,461.20 FOR HARPERS STREET WIDENING, TRAIL, AND SIDEWALK IMPROVEMENTS, IMPROVEMENT PROJECT NO. 13-13 City Engineer Keely stated five bids were received, checked and tabulated and it has been determined that Midwest Asphalt Corporation of Hopkins, Minnesota is the lowest bidder. She stated staff recommends the low bid be accepted and a contract entered into with Midwest Asphalt Corporation. She stated Council is also asked to approve a 10% contingency. Moved by Councilmember Swanson, seconded by Councilmember King, that Resolution 15-160, “Accept Bid from Midwest Asphalt Corporation in the amount of $315,461.20 for Harpers Street Widening, Trail, and Sidewalk Improvements,” be approved. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 12.-3 RES 15-161 ACCEPT BID FROM RYAN CONTRACTING COMPANY IN THE AMOUNT OF $830,344.20 FOR TRUNK UTILITY IMPROVEMENTS TO SERVE THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 23 AND THE PLAT OF GLENN MEADOWS, IMPROVEMENT PROJECT NO. 14-14 City Engineer Keely stated six bids were received, checked and tabulated and it has been determined that Ryan Contracting Company of Elko, Minnesota is the lowest bidder. She stated staff recommends the low bid be accepted and a contract entered into with Ryan Contracting Company. She noted the low bid is over the engineer’s estimated due to additional cost for fill and dewatering City of Blaine Page 6 City Council Minutes - Final September 17, 2015 efforts. She stated Council is also asked to approve a 10% contingency. She noted funding sources are assessments, Water and Sewer Utility funds, EDA funds and pooled TIF. She stated an additional condition number 3 has been added which is award of the contract is contingent upon appropriate easements being in place prior to the start of construction due to the City not having signed easements from the property owners. Councilmember Bourke asked about the funding that the City will have to carry. City Engineer Keely replied Pulte assessments and EDA assessments will become current, and pooled TIF dollars will be repaid with water access charges as each property develops. Councilmember Herbst requested staff watch the ditch so it does not get plugged and that the correct size culverts are installed. City Engineer Keely stated the Watershed District added an additional condition that the ditch has to be physically relocated instead of installing temporary culverts. Councilmember Bourke asked if the easements do not come through would the City have to go into condemnation. City Engineer Keely replied it is an option, but the property owners have indicated they are willing to sign the easements. Moved by Councilmember Herbst, seconded by Mayor Ryan, that Resolution 15-161, “Accept Bid from Ryan Contracting Company in the amount of $830,344.20 for Trunk Utility Improvements to Serve the North Half of the Northeast Quarter of Section 23 and the Plat of Glenn Meadows,” be approved. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 12.-4 RES 15-162 ACCEPT BID FROM ARNT CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $107,084.10 FOR ERSKIN STREET STORM DRAINAGE IMPROVEMENTS, IMPROVEMENT PROJECT NO. 11-15 City Engineer Keely stated 11 bids were received, checked and tabulated and it has been determined that Arnt Construction Company, Inc. of Hugo, Minnesota is the lowest bidder. She stated staff recommends the low bid be accepted and a contract entered into with Arnt Construction Company, Inc. She stated Council is also asked to approve a 10% contingency. She stated the funding source for the project is the Storm Water Utility fund. Mayor Ryan asked about the new drainage in the area. City Engineer Keely replied most of the work is on the property that purchased north of the plat where the house was removed. She noted that there will be ditch cleaning along Lexington Avenue and a new structure will be installed in the rear yard area. City of Blaine Page 7 City Council Minutes - Final September 17, 2015 Moved by Mayor Ryan, seconded by Councilmember Herbst, that Resolution 15-162, “Accept Bid from Arnt Construction Company, Inc. in the amount of $107,084.10 for Erskin Street Storm Drainage,” be approved. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 8:00 P.M. - PUBLIC HEARING AND ITEMS SET FOR A CERTAIN TIME 9.-1 RES 15-155 ADOPTING ASSESSMENT FOR RECONSTRUCTION OF 101ST AVENUE FROM FLANDERS STREET TO NAPLES STREET IMPROVEMENT PROJECT NO. 12-18 City Engineer Keely stated the project includes spot ditch grading/repair, storm sewer structures, asphalt surface, traffic control signage, striping, and appurtenant construction for 101st Avenue from Flanders Street to Naples Street. She stated the assessment roll has been prepared consistent with the feasibility report. She noted costs will be paid from assessments, Public Utility Fund, and Municipal State Aid. She noted one senior deferral was requested, but it is not an option for industrial properties. Mayor Ryan opened the public hearing at 8:14 p.m. Mayor Ryan closed the public hearing at 8:15 p.m. Moved by Councilmember Herbst, seconded by Councilmember Bourke that Resolution 15-155, “Adopting Assessment for Reconstruction of 101st Avenue from Flanders Street to Naples Street,” be approved. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 9.-2 RES 15-156 ADOPTING ASSESSMENT FOR RECONSTRUCTION OF ABLE STREET FROM CSAH 10 TO 89TH AVENUE, IMPROVEMENT PROJECT NO. 13-19 City Engineer Keely stated the project involved installation of concrete curb and gutter, spot concrete sidewalk replacement, storm sewer and structures, asphalt surface, traffic control signage, striping, and appurtenant construction. She stated the assessment roll has been prepared consistent with the feasibility report. She noted costs will be paid from assessments, Public Utility Fund, and Municipal State Aid. She noted there were two senior deferral applications requested but they were not returned to the City before the hearing tonight. Mayor Ryan opened the public hearing at 8:17 p.m. City of Blaine Page 8 City Council Minutes - Final September 17, 2015 Mayor Ryan closed the public hearing at 8:17 p.m. Councilmember Clark asked if the City receives the senior deferral late would it be granted. City Engineer Keely replied yes if the application requirements are met, it can be granted until an amount is certified with Anoka County. Moved by Councilmember Herbst, seconded by Councilmember Clark that Resolution 15-156, “Adopting Assessment for Reconstruction of Able Street from CSAH 10 to 89th Avenue,” be approved. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 9.-3 RES 15-157 ADOPTING ASSESSMENT FOR RECONSTRUCTION OF THE EAST CENTRAL AVENUE SERVICE ROAD FROM 87TH AVENUE TO 89TH AVENUE IMPROVEMENT PROJECT NO. 13-20 City Engineer Keely stated the project involved installation of concrete curb and gutter, storm sewer, asphalt surface, traffic control signage, striping, and appurtenant construction. She stated the assessment roll has been prepared consistent with the feasibility report and as previously modified by the City Council. She noted costs will be paid from assessments, Public Utility Fund and Pavement Management Program. Mayor Ryan opened the public hearing at 8:21 p.m. Mayor Ryan closed the public hearing at 8:22 p.m. Moved by Councilmember Herbst, seconded by Councilmember Bourke that Resolution 15-157, “Adopting Assessment for Reconstruction of the East Central Avenue Service Road from 87th Avenue to 89th Avenue,” be approved. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland ADMINISTRATION - continued 12.-5 RES 15-163 AUTHORIZE REIMBURSEMENT TO PARKSIDE NORTH LLC FOR WATERMAIN CONSTRUCTION TO WELL 20 IN THE AMOUNT OF $121,905.00, IMPROVEMENT PROJECT NO. 15-14 City Engineer Keely stated the developer is installing the utilities in the road alignment. She stated a designated treatment line will be needed in the near future from Well 20 to the treatment facility. She noted that because of the timing, staff asked for a quote from the contractor and the work can be done with a change order with the developer. City of Blaine Page 9 City Council Minutes - Final September 17, 2015 Moved by Councilmember King, seconded by Councilmember Swanson, that Resolution 15-163, “Authorize Reimbursement to Parkside North LLC for Watermain Construction to Well 20 in the amount of $121,905.00,” be approved. Motion adopted 6-0-1 (Councilmember Herbst abstained). Aye: 6- Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Clark, Councilmember King and Councilmember Hovland Abstain: 1- Councilmember Herbst 12.-6 MO 15-120 APPROVE OF SECURITY VIDEO SURVEILLANCE EQUIPMENT FOR CITY HALL/POLICE DEPARTMENT IN THE AMOUNT OF $24,494.74 Public Services Manager Therres stated the current surveillance equipment in City Hall and the Police Department is in need of an upgrade. He stated the first phase includes upgrading servers and software, and upgrading the cameras to digital cameras with higher resolution. He noted the upgrade will be done in phases over the next two years. Councilmember Hovland asked for clarification on the funding. Public Services Manager Therres replied this request will be funded in 2015. Councilmember Hovland asked about cameras in the parks. Public Services Manager Therres replied the cameras in the parks are on a separate system. He noted the upgrades are for City Hall. Police Chief/Safety Services Manager Olson stated the Police Department has mandatory recordings on custody situations or interview situations so the upgrade is necessary. Moved by Councilmember Swanson seconded by Mayor Ryan, that Motion 15-120, “Approve of Security Video Surveillance Equipment for City Hall/Police Department in the amount of $24,494.74,” be approved. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 12.-7 MO 15-121 AUTHORIZE EXECUTION OF CONTRACT FOR TELEPHONY SYSTEM CONSULTANT Finance Director Huss stated staff is looking to replace the aging telephone system with a more capable system. He stated staff is requesting to use a consultant to manage the project. Moved by Councilmember King, seconded by Councilmember Bourke, that Motion 15-121, “Authorize Execution of Contract for Telephony System Consultant,” be approved. Motion adopted unanimously. City of Blaine Page 10 City Council Minutes - Final September 17, 2015 Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland 13. OTHER BUSINESS Councilmember Bourke asked about ditch work north of Main Street. City Engineer Keely replied the City’s project has not moved forward and the continued public hearing is scheduled for October 1, 2015. Coon Creek Watershed District was going to talk to the property owner with the high driveway culvert. She stated she will follow up with CCWD. Discussed 14. ADJOURNMENT Moved by Councilmember Herbst, seconded by Councilmember Bourke, to adjourn the meeting at 8:33 p.m. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Bourke, Councilmember Herbst, Councilmember Clark, Councilmember King and Councilmember Hovland City of Blaine Page 11