City Council

Blaine City Hall City of Blaine 10801 Town Sq Dr NE Blaine, MN 55449 Anoka County, Minnesota Minutes City Council Thursday, May 17, 2018 7:30 PM Council Chambers 1. CALL TO ORDER BY THE MAYOR The meeting was called to order at 7:34 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; Planning and Community Development Director Bryan Schafer; Public Works Director Jon Haukaas; Police Chief/Safety Services Manager Brian Podany; Finance Director Joe Huss; Public Services Manager/Assistant City Manager Bob Therres; City Attorney Patrick Sweeney; City Engineer Jean Keely; Water Resources Manager Rebecca Haug; Communications Technician Roark Haver; Senior Engineering Technician Al Thorp; and City Clerk Catherine Sorensen. Present: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson Absent: 1 - Councilmember King 4. APPROVAL OF MINUTES 4.-1 RECENTLY HELD MEETINGS Attachments: 04-26-18 Workshop Minutes 05-03-18 Closed Workshop Pending Litigation Moved by Councilmember Hovland, seconded by Councilmember Jeppson, that the Minutes of Workshop Meeting of April 26, 2018, and the Minutes of the Closed Workshop Pending Litigation Meeting of May 3, 2018 be approved. Motion adopted. Mayor Ryan abstained from the April 26, 2018 Workshop meeting minutes due to his absence. Councilmember Swanson abstained from the May 3, 2018 Closed Workshop Pending Litigation meeting minutes due to his absence. City of Blaine Page 1 City Council Minutes May 17, 2018 Aye: 4 - Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson Abstain: 2 - Mayor Ryan and Councilmember Swanson 5. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS 5.-1 ACKNOWLEDING DONATION FROM INFINITE CAMPUS TO THE BLAINE POLICE EXPLORERS Safety Services Manager/Police Chief Podany introduced the Blaine Police Department Explorers to the City Council, along with their supervisors and commented on the great success the Explorers had at a recent competition event. Police Officer Sommer stated during fundraising campaigns to attend the National Police Explorer Conference, the Blaine Police Explorers were contacted by Infinite Campus and expressed interest in helping to fund their efforts. CEO Charlie Kratsch and Boardmember Rick Weaver spoke about the program and possible capital investments that could be made, specifically for uniforms and equipment for the program. Mr. Kratsch approved an ongoing financial partnership with the program for the purchase of a minimum of 10 new uniforms along with a large amount of training equipment. He thanked Blaine-based Infinite Campus for their generosity and continued community support. A round of applause was offered by all in attendance. Councilmember Hovland asked how many individuals were currently serving within the Explorers program. Mr. Podany stated the City of Blaine has 19 Explorers and six advisors. He explained he was very proud of the great work being done through this program. The City Council acknowledged Infinite Campus for their donation of up to $5,000 to the Blaine Police Explorers and thanked them for their generosity. Informational: no action required 5.-2 PROCLAMATION - NATIONAL PUBLIC WORKS WEEK 2018 Attachments: National Public Works Week 2018 Mayor Ryan read a proclamation in full for the record declaring May 20 through May 26 to be Public Works Week in the City of Blaine. The City Council recognized the great work completed by the Public Works Department and thanked them for their dedicated service to the community. Informational: no action required City of Blaine Page 2 City Council Minutes May 17, 2018 6. COMMUNICATIONS Mayor Ryan thanked reporter Eric Hagen for his work at the Blaine/Spring Lake Park Life over the past 10 years and wished him well at his new position. He invited the community to attend World Fest on Saturday, May 19th at 1:00 p.m. He thanked staff for the recent successful bike helmet event. 7. OPEN FORUM FOR CITIZEN INPUT Mayor Ryan opened the Open Forum at 7:49 p.m. There being no input, Mayor Ryan closed the Open Forum at 7:49 p.m. None 8. ADOPTION OF AGENDA The agenda was adopted as presented. Adopted as presented. 9. 7:30 P.M. - PUBLIC HEARING AND ITEMS PUBLISHED FOR A CERTAIN TIME 9.-1 VACATION OF DRAINAGE AND UTILITY EASEMENT FOR THE EAST 387.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 31N RANGE 23W, AS DESCRIBED IN DOCUMENT NO. 264787, VACATION NO. V18-03 Attachments: Petition to Vacate V18-03 Location Map.pdf City Engineer Keely stated a petition dated March 30, 2018, was submitted to the City by Donald Kveton, representing N & D Management LLC, requesting vacation of drainage and utility easements for re-platting into single-family residential properties. The applicant represents 100% of the affected property abutting this easement. The Engineering Department has reviewed this request and concurs with the vacation. Mayor Ryan opened the public hearing at 7:50 p.m. There being no additional public input, Mayor Ryan closed the public hearing at 7:50 p.m. Moved by Councilmember Hovland, seconded by Councilmember Swanson, City of Blaine Page 3 City Council Minutes May 17, 2018 that Resolution 18-86, “Vacation of Drainage and Utility Easement for the East 387.00 Feet of the Southeast Quarter of the Southeast Quarter of Section 18, Township 31N Range 23W, as described in Document No. 264787,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson 9.-2 VACATION OF DRAINAGE AND UTILITY EASEMENT FOR OUTLOT A, AMEN CORNER SECOND ADDITION, VACATION NO. V18-04 Attachments: Petition_signed V18-04.pdf Location Map.pdf Ms. Keely stated a petition received April 6, 2018, was submitted to the City by Bruce Langager, Amen Corner Homeowners Association, requesting vacation of drainage and utility easements for re-platting into single-family residential properties. The homeowner’s association and adjacent property owners have approved the vacation. The Engineering Department has reviewed this request and concurs with the vacation. Mayor Ryan opened the public hearing at 7:51 p.m. There being no additional public input, Mayor Ryan closed the public hearing at 7:51 p.m. Moved by Councilmember Hovland, seconded by Councilmember Garvais, that Resolution 18-87, “Vacation of Drainage and Utility Easement for Outlot A, Amen Corners Second Addition,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson 10. APPROVAL OF CONSENT AGENDA: Councilmember Clark requested the removal of agenda item 10.5. Moved by Councilmember Garvais, seconded by Councilmember Swanson, that the following be approved: Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson City of Blaine Page 4 City Council Minutes May 17, 2018 10.-1 SCHEDULE OF BILLS PAID Attachments: April 2018 Payroll Checks and Wire Transfers 04/27/18 Bills Paid 05/04/18 Bills Paid Approved 10.-2 APPROVAL OF 2018-2019 VENDING TRUCK LICENSE Approved 10.-3 AUTHORIZE TEMPORARY REMOVAL OF PARKING RESTRICTIONS ON 91ST AVENUE, 92ND AVENUE, 92ND LANE AND BALTIMORE STREET TO ACCOMMODATE LETTERMEN SPORTS TENT SALES ON JUNE 11-19 AND JULY 30-AUG. 7, 2018 Attachments: Lettermen Sports Tent Sale Parking Request_2018.pdf Lettermen Sports Parking Map Approved 10.-4 RECEIVE PETITION AND ORDER PUBLIC HEARING FOR VACATION OF DRAINAGE AND UTILITY EASEMENT AT OUTLOT A, BLAINE PRESERVE City of Blaine Page 5 City Council Minutes May 17, 2018 BUSINESS PARK THIRD ADDITION, AND LOT 1, BLOCK 1, EAGLE BROOK CHURCH BLAINE CAMPUS, VACATION NO. V18-05 Attachments: Petition V18-05 Location Map.pdf Adopted 10.-6 GRANTING APPROVAL TO CONDUCT OFF-SITE GAMBLING AT CENTENNIAL HIGH SCHOOL BEGINNING ON MAY 23, 2018 WITH THE RAFFLE DRAWING ON SEPTEMBER 30, 2018 FOR THE CENTENNIAL FOOTBALL BOOSTERS Attachments: LG220 Adopted 10.-5 AUTHORIZING PAYMENT OF $20,915.61 TO LEAGUE OF MINNESOTA CITIES INSURANCE TRUST FOR A CLAIM SETTLEMENT Councilmember Clark requested further information on this item from staff. Public Works Director Haukaas explained this item was a claim settlement. He discussed the history of a watermain break that occurred on 131st Avenue late in 2017. He described the response the City had to the sand blockage and noted the City would be reimbursing for the sanitation expenses. Moved by Councilmember Clark, seconded by Mayor Ryan, that Motion 18-78, “Authorizing Payment to League of Minnesota Cities Insurance Trust for a Claim Settlement,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson 11. DEVELOPMENT BUSINESS 11.-1 GRANTING FINAL PLAT APPROVAL TO SUBDIVIDE 38.24 ACRES INTO 25 SINGLE FAMILY LOTS AND City of Blaine Page 6 City Council Minutes May 17, 2018 SEVEN (7) OUTLOTS TO BE KNOWN AS WOODRIDGE FIRST ADDITION, LOCATED AT 12944 LEVER STREET NE. LENNAR CORPORATION. (CASE FILE NO. 18-0003/LSJ) Attachments: Woodridge 1st Addn - Final Plat Attachments.pdf Planning and Community Development Director Schafer stated Lennar Corporation is proposing to develop 25 single family lots and seven (7) outlots in the first phase of development to be known as Woodridge First Addition. Most outlots will be used for future lot development and storm water retention areas but Outlot B will serve as a trail extension to the City owned property to the west of this development. Moved by Councilmember Clark, seconded by Councilmember Hovland, that Resolution No. 18-89, “Granting Final Plat Approval to Subdivide 38.24 Acres into 25 Single Family Lots and Seven (7) Outlots to be known as Woodridge First Addition, located at 12944 Lever Street NE,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson 11.-2 GRANTING FINAL PLAT APPROVAL TO SUBDIVIDE 7.4 ACRES INTO ONE (1) LOT AND ONE (1) OUTLOT IN ORDER TO CONSTRUCT A MULTI-TENANT OFFICE BUILDING ON LOT 1 TO BE KNOWN AS TOWN SQUARE VILLAGE 2ND ADDITION, LOCATED AT 10729 TOWN SQUARE DRIVE NE. CITY OF BLAINE. (CASE FILE NO. 18-0019/SLK) Attachments: Town Sq Village 2nd Final Plat - Attachments.pdf Mr. Schafer stated the 7.4-acre parcel is located on Town Square Drive just west of City Hall. The City of Blaine is proposing to plat the property into one lot and one outlot. The proposed Lot 1 is 1.73 acres, and the proposed Outlot is 5.66 acres. There are no current plans for proposed Outlot A, but a 17,577 square foot multi-tenant office building is proposed for Lot 1. The proposed Lot 1 will be accessed from 108th Lane NE. Moved by Councilmember Hovland, seconded by Councilmember Clark, that Resolution No. 18-90, “Granting Final Plat Approval to Subdivide 7.4 Acres into One (1) Lot and One (1) Outlot in order to Construct a Multi-Tenant Office Building on Lot 1 to be Known as Town Square Village 2nd Addition, located at 10729 Town Square Drive NE,” be approved. Motion adopted unanimously. City of Blaine Page 7 City Council Minutes May 17, 2018 Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson 11.-3 SECOND READING GRANTING A REZONING FROM FR (FARM RESIDENTIAL) TO DF (DEVELOPMENT FLEX) FOR 16 SINGLE FAMILY HOMES AT 3500 131ST AVENUE NE. COTTAGEWOOD COVE, LLC. (CASE FILE NO. 18-0018/NBL) Attachments: Cottagewood Cove - Attachments.pdf Public Comment - Cottagewood Cove.pdf Mr. Schafer stated the property currently has an existing zoning designation of FR (Farm Residential) and is guided in the Comprehensive Plan as LDR (Low Density Residential). The project zoning is proposed to be DF (Development Flex) to cover all of the residential uses. With the DF zoning, housing products and neighborhood design issues will require and be regulated by a Conditional Use Permit (CUP). It was noted the proposed DF zoning is consistent with the surrounding area. Moved by Councilmember Hovland, seconded by Mayor Ryan, that Ordinance No. 18-2405, “Granting a Rezoning from FR (Farm Residential) to DF (Development Flex) for 16 Single Family Homes at 3500 131st Avenue NE,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson 11.-4 GRANTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE 10.07 ACRES INTO 16 SINGLE FAMILY LOTS AND TWO (2) OUTLOTS TO BE KNOWN AS COTTAGEWOOD COVE, LOCATED AT 3500 131ST AVENUE NE. COTTAGEWOOD COVE, LLC. (CASE FILE NO. 18-0018/NBL) Mr. Schafer stated the current preliminary plat proposal consists of subdividing approximately 10.07 acres into 18 lots containing 16 single-family lots and two outlots. The application proposes single-family homes consistent with the DF zoning and the LDR land use designation. The 16 single-family lots have a minimum lot width of 70 feet, which is consistent with the surrounding lots. The outlots will be used for storm water ponding and wetlands. Moved by Councilmember Hovland, seconded by Councilmember Garvais, that City of Blaine Page 8 City Council Minutes May 17, 2018 Resolution No. 18-91, “Granting Preliminary Plat Approval to Subdivide 10.07 Acres into 16 Single Family Lots and Two (2) Outlots to be known as Cottagewood Cove, located at 3500 131st Avenue NE,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson 11.-5 GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION OF 16 SINGLE FAMILY HOMES IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT, LOCATED AT 3500 131ST AVENUE NE. COTTAGEWOOD COVE, LLC. (CASE FILE NO. 18-0018/NBL) Mr. Schafer stated the applicant is requesting to construct 16 single family homes in a DF (Development Flex) zoning district. Staff reviewed home types that would be constructed within this area. It was noted the conditional use permit is necessary to set up the standards of development in the DF (Development Flex) zoning district. This is consistent with every DF zoning district within the City. Moved by Mayor Ryan, seconded by Councilmember Garvais, that Resolution No. 18-92, “Granting a Conditional Use Permit to allow for Construction of 16 Single Family Homes in a DF (Development Flex) Zoning District, located at 3500 131st Avenue NE,” be approved. Motion adopted unanimously. 11.-6 GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR MULTIPLE BUILDINGS ON ONE LOT, CONTRACTOR YARD WITH OUTSIDE STORAGE OF MATERIALS AND EQUIPMENT, PERIODIC CRUSHING OF CONCRETE DEMOLITION MATERIALS, AND SPECIAL PURPOSE FENCING 10201 XYLITE STREET NE. PARK CONSTRUCTION COMPANY. (CASE FILE NO. 17-0058/BKS) Attachments: Park Construction Attachments Public Comments Petition Draft PC Minutes 041018 Public Comment 051618.pdf Public Comment 051618 2.pdf Mr. Schafer stated the Planning Commission held a Public Hearing on May 8th and City of Blaine Page 9 City Council Minutes May 17, 2018 voted unanimously to deny the Conditional Use Permit. He discussed Park Construction Company’s request noting they were seeking a Conditional Use Permit to allow for multiple buildings on one lot, outside storage of materials and equipment, periodic crushing of concrete, and special purpose fencing. It was noted public comment from the Public Hearing included concerns for decreased property values, increased noise and traffic, light pollution, drainage, buffering, and impacts to health and safety. He explained staff sat down and met with the applicant after the hearing to address the concerns that were raised. He discussed the changes that were made to the plan in order to provide better screening to the properties to the north, noting the light height had been reduced. He provided further comment on the line of sight study and noted an 18-foot fence was being proposed. He reported staff did not recommend crushing be allowed on this site. Jeff Carlson, President of Park Construction, thanked the Council for their consideration. He discussed the plan for his business and commented on the location of the fence and trees. He reviewed the reasons for relocating his business and stated he was working to address the neighbors’ concerns. He stated the site design would reduce the water running off from this property currently. He noted the parking lot location had been moved to assist with reducing the impact on the adjacent neighbors. He explained his business has been operating in Fridley for a long time and has done so without receiving a complaint. He reported he was looking to move to Blaine to allow for his business to expand. He commented there would be no dust created from the proposed crushing and requested the Council approve his request as submitted. He noted he was only proposing to crush 10 days during the winter or on weekdays during the summer. Councilmember Hovland discussed the difference between crushing asphalt versus crushing concrete. He asked if Park Construction did a lot of onsite concrete crushing. Mr. Carlson stated he completed onsite crushing whenever possible. Councilmember Swanson thanked the applicant for amending his plans. He noted he could support the project as amended but would not support crushing. He believed the proposed crushing would be an imposition on the adjacent neighborhood. He recommended the adjacent neighborhood be posted “No Trucks” to keep the truck traffic out of the adjacent neighborhood. Mayor Ryan stated he worked in commercial trucking his entire career and noted he supported crushing occurring at this property. He stated crushing allowed for recycling of aggregate material, which was a positive. Mr. Carlson provided further details on the numerous benefits of crushing and how this was a valuable way to recycle a useful building material. City of Blaine Page 10 City Council Minutes May 17, 2018 Councilmember Hovland commented he liked this project but he did not support the crushing. Councilmember Jeppson asked if City Code required a 100-foot buffer between the homes and the proposed buildings. Mr. Schafer commented a 100-foot buffer was required. Councilmember Jeppson questioned what restrictions Park Construction would have due to the wetlands on the site. Mr. Schafer reviewed the location of the two large wetlands on the property. He explained 90% of the one wetland would remain untouched, while the other wetland would be filled. Councilmember Jeppson inquired what part of the request required a Conditional Use Permit. Mr. Schafer commented the main part of this was due to the request for outside storage, multiple buildings on one lot and for crushing. He noted staff was not recommending approval of the crushing. Councilmember Jeppson asked what the 18-foot fence would be made out of. Mr. Carlson reported the 18-foot fence would be made out of steel and would match the proposed building. Mark Rohrer, 10325 Xylite Street, provided the Council with a handout and expressed concern with how the proposed project would impact his property value. He explained the Planning Commission unanimously recommended denial of Park Construction’s request. He understood that Park Construction had adjusted their plans but had not met all of the City’s requirements. He appreciated the fact that the screening had been improved but noted the homes along 103rd were still not properly screened. He is concerned that the metal fence would not be sound absorbing and recommended another material be considered. He discussed the location of the proposed trees noting they would be planted in a wetland and would not survive. He commented on how the neighborhood would be impacted by crushing if it were approved by the City. He questioned why the City had zoned abutting properties I-2 and R-1B. He stated this should not have been allowed under City Code. He commented I-2 zoning districts were to be located next to light industrial and airport districts. He indicated he believed this parcel was originally platted as the Sanctuary 9th Addition and was slated for high density residential. He reviewed comments that were made by City staff and the City Council from previous sets of Council minutes. He reported Park Construction’s plan does not fit with the City’s original vision for this property and would allow for the filling of a wetland. He discussed the League of Minnesota Cities guidelines for granting CUPs and encouraged the City Council to not approve Park Construction’s crushing and outdoor storage permit as it was not compatible with adjacent properties. City of Blaine Page 11 City Council Minutes May 17, 2018 Jason Smith, 2788 103rd Court, commented on the history of this project and shared concerns with the project including screening, landscaping, traffic, hours of operation, crushing, and how the proposed project would impact his property value. He reviewed the conditional use criteria and reported the proposed use does not align with adjacent properties. He stated he is concerned how his property value would be impacted if a crushing site were operating in his rear yard. He commented on various statistics that showed residential property values would be adversely impacted if a Heavy Industrial use were to abut his neighborhood. He provided further comment on how this request did not meet the CUP requirements and reiterated that the City Council was well within its rights to refuse this CUP given the fact there would be adverse impacts on the adjacent neighborhood. Mayor Ryan commented the residents living within the Sanctuary built next to a 45-acre landfill and an adjacent heavy industrial property with 100 semitrucks. He commented the City was left with an outlot that the owner was trying to develop and was concerned that any use brought forward, the neighborhood would oppose. Councilmember Hovland asked if crushing was allowed with a CUP. Mr. Schafer reported crushing was not being recommended in the CUP. Councilmember Swanson questioned how high the piles of outdoor storage would be. Mr. Schafer commented the southeastern corner of the site would be used for outdoor storage and the applicant has requested the storage piles be allowed to be 15 feet in height. He explained if the applicant was not allowed to complete crushing, this height may be reduced. Mr. Carlson stated he would still like to have outdoor storage piles that could be 15 feet in height even if the crushing was not approved. Councilmember Swanson inquired what type of building material would be used on the back of the proposed buildings. Mr. Schafer stated the north wall would have to have 30% masonry. Councilmember Clark requested further information on what type of operations would occur on this site. Mr. Carlson described the type of work that would be completed on site and noted trucks would be pulling in and pulling out. He reported the back-up alarms could be turned down but noted the majority of the time, the equipment would be moving forward. Councilmember Jeppson stated there were many reasons why she was not going to support this project. She indicated the biggest reason was due to resident safety and shared concerns on how residents would be impacted by adding a large industrial operation with trucks to an already busy area. She questioned if the City City of Blaine Page 12 City Council Minutes May 17, 2018 had an additional $300,000 to put in a traffic signal. Mr. Carlson clarified that he would not be moving onto the property until next summer after the buildings and site work was constructed. Mayor Ryan reported the City already had the support of the County to construct a signal at this intersection, with or without this business. Councilmember Garvais stated the only way he could support crushing on this site is if a sound study was completed. Mayor Ryan asked the City Clerk to take a roll call vote. Councilmember Garvais stated he was interested in delaying action on this item to the June 7th City Council meeting to allow him time to read the CBRE property value information provided by Mr. Rohrer. Councilmember Clark asked if the Council could postpone action to June 7th. Mr. Schafer reported the City Council had until June 29th to take action on this item. Moved by Councilmember Clark, seconded by Mayor Ryan, that Resolution No. 18-93, “Granting a Conditional Use Permit to Allow for Multiple Building on One Lot, Contractor Yard with Outside Storage of Materials and Equipment, Periodic Crushing of Concrete Demolition Materials, and Special Purpose Fencing 10201 Xylite Street NE,” be approved. Moved by Councilmember Garvais, seconded by Councilmember Hovland, postpone action on the Conditional Use Permit to Allow for Multiple Building on One Lot, Contractor Yard with Outside Storage of Materials and Equipment, Periodic Crushing of Concrete Demolition Materials, and Special Purpose Fencing to the June 7, 2018 City Council meeting. Councilmember Clark – aye Councilmember Garvais – aye Councilmember Hovland – aye Councilmember Jeppson – aye Councilmember Swanson – aye Mayor Ryan – nay Motion adopted 5-1 (Mayor Ryan opposed). Aye: 5- Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson Nay: 1- Mayor Ryan City of Blaine Page 13 City Council Minutes May 17, 2018 Recess and Reconvene Mayor Ryan recessed the City Council meeting at 9:36 p.m. Mayor Ryan reconvened the City Council meeting at 9:42 p.m. 11.-7 GRANTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE AN 18.5 ACRE OUTLOT INTO ONE (1) LOT TO BE KNOWN AS PARK PLACE, LOCATED AT 10201 XYLITE STREET NE. PARK CONSTRUCTION CO. (CASE FILE NO. 17-0058/BKS) Attachments: Park Place Attachments Moved by Councilmember Jeppson, seconded by Councilmember Hovland, to postpone action on the Preliminary Plat Approval to Subdivide an 18.5 Acre Outlot into One (1) Lot to be Known as Park Place to the June 7, 2018 City Council meeting. Motion adopted 5-1 (Mayor Ryan opposed). Aye: 5 - Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson Nay: 1 - Mayor Ryan 12. ADMINISTRATION 12.-1 RESOLUTION OF COMMITMENT BY THE BLAINE CITY COUNCIL TO PROCEED WITH WETLAND RESTORATION OF THE BLAINE WETLAND SANCTUARY (BWS) Attachments: BWS Completion Resolution.docx Public Services Manager/Assistant City Manager Therres stated based on information that the City has received and recent discussions that have taken place, the City Council has directed that a resolution be brought forward for the Blaine Wetland Sanctuary (BWS). The proposed resolution for Council consideration and action directs that the wetland restoration be completed as approved by the regulatory agencies. It also directs that a decorative fence and gate be placed in the maintenance access area of the BWS. Moved by Councilmember Swanson, seconded by Councilmember Jeppson, that Resolution No. 18-103, “Approve a Resolution of Commitment by the Blaine City Council to Proceed with Wetland Restoration of the Blaine Wetland Sanctuary (BWS),” be approved. City of Blaine Page 14 City Council Minutes May 17, 2018 Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson 12.-2 DECLARE COST TO BE ASSESSED, ORDER PREPARATION AND CALL FOR HEARING ON PROPOSED ASSESSMENT FOR RECONSTRUCTION OF HASTINGS STREET, IMPROVEMENT PROJECT NO. 15-22 Attachments: Assessment Projects Map Hastings Street 15-22.pdf 15-22FinalAssmtRoll_revised.pdf Ms. Keely stated Improvement Project No. 15-22 installed concrete curb and gutter, storm sewer improvements, asphalt surface, traffic control signage, replacement of existing water main and appurtenant construction. The total cost for the project was $822,967.47. The Assessment Roll has been prepared consistent with the Feasibility Report. Of the total cost, the amount to be assessed is $148,260.96. It was noted the Public Utility Fund will contribute $271,137.91 for water and sewer improvements and the Pavement Management Program Fund (PMP) will contribute $403,568.60. Staff recommended the Council order preparation and call for a hearing on the proposed assessments. Councilmember Hovland asked if there had been any requests for senior deferrals. Ms. Keely reported the City has had no requests to date but could still come in between now and the date of the Public Hearing. Moved by Mayor Ryan, seconded by Councilmember Jeppson, that Resolution 18-95, “Declare Cost to be Assessed, Order Preparation and Call for Hearing on Proposed Assessment for Reconstruction of Hastings Street,” be approved. Motion adopted 5-0-1 (Councilmember Swanson abstained). Aye: 5 - Mayor Ryan, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson Abstain: 1 - Councilmember Swanson 12.-3 INITIATE PROJECT AND ORDER PREPARATION OF FEASIBILITY REPORT FOR THE CONSTRUCTION OF DUNKIRK STREET FROM APPROXIMATELY 160 FEET NORTH OF 91ST AVENUE TO 270’ NORTH OF 91ST AVENUE, IMPROVEMENT PROJECT NO. 16-15 Attachments: LOCATION MAP City of Blaine Page 15 City Council Minutes May 17, 2018 Ms. Keely stated there is an approximately 150-foot-long gap in Dunkirk Street, north of 91st Avenue that has no street section within the right of way. Water main and storm sewer were installed last year to alleviate a street flooding issue. The proposed project will construct the street. The proposed street is fronted by two parcels that would be assessed for the cost of the street section. Stormwater Utility Funds would be used to do some additional storm sewer work within the existing street section on the south end of the project. Moved by Councilmember Clark, seconded by Councilmember Hovland, that Resolution 18-96, “Initiate Project and Order Preparation of Feasibility Report for the Construction of Dunkirk Street from Approximately 160 Feet North of 91st Avenue to 270’ North of 91st Avenue,” be approved. Motion adopted unanimously. 12.-4 APPROVE AMENDMENT TO CONTRACT WITH BOLTON & MENK FOR RECONSTRUCTION OF LEVER STREET FROM 125TH AVENUE TO THE 132ND AVENUE ALIGNMENT, IMPROVEMENT PROJECT NO. 17-07 Attachments: Bolton & Menk Letter Ms. Keely stated in June of 2017, the City executed an agreement with Bolton & Menk to provide for the reconstruction of Lever Street from 125th Avenue to 132nd Avenue alignment at the cost of $172,229. The consultant has completed the design plan and submitted for agency approvals in 2017/18. During the agency approval process, City staff received comments from several properties along the corridor that are in the process of redeveloping. The current developments along this corridor include Oakwood Ponds, Woodridge, and a new Anoka-Hennepin School. Bolton & Menk has had to alter the plan numerous times during the design process. A list of items that they performed that were outside the original scope of professional services was reviewed with the Council. At the City’s request to ensure that the Lever Street plans continue to account for the new developments, Bolton &Menk has revised the Lever Street project plans and design elements of the project and resubmitted for agency review and approval. As these were outside the original scope of the project, additional costs have been incurred in the amount of $36,543. Moved by Councilmember Hovland, seconded by Mayor Ryan, that Motion 18-80, “Approve Amendment to Contract with Bolton & Menk for Reconstruction of Lever Street from 125th Avenue to the 132nd Avenue Alignment,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson City of Blaine Page 16 City Council Minutes May 17, 2018 12.-5 ACCEPT BID FROM EJM PIPE SERVICES, INC. IN THE AMOUNT OF $1,272,917 FOR TRUNK WATER MAIN AND SANITARY SEWER FOR THE NE AREA WELL FIELD, IMPROVEMENT PROJECT NO. 16-13 Attachments: Project location map Ms. Keely stated bids were received for Project No. 16-13. A total of five bids were received with the lowest bid being submitted by EJM Pipe Services, Inc. in the amount of $1,272,917. Alternate A, which consisted of a temporary chemical feed building that would allow wells 18 and 19 to be brought online prior to construction of future Water Treatment Plant 4 in 2019/2020 was also bid but came in well above the Engineer’s Estimate. The low bid for this project was discussed and staff recommends the bids for Alternate A be discarded and the award of the contract only be for the Base Bid. It was noted bids have been checked and it has been determined that EJM Pipe Services, Inc. of Columbus, Minnesota is the lowest bidder. The Engineering Department has worked with EJM Pipe Services, Inc. on previous contracts and recommends that the low bid be accepted and a contract entered into with EJM Pipe Services, Inc. City Council is also asked to approve a 10% contingency to bring the total project budget to $1,400,209. The funding source for this project is Water and Sewer Utility funds and there are sufficient funds to cover these costs. Moved by Councilmember Hovland, seconded by Councilmember Jeppson, that Resolution 18-97, “Accept Bid from EJM Pipe Services, Inc. in the Amount of $1,272,917 for Trunk Water Main and Sanitary Sewer for the NE Area Well Field,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson 12.-6 ACCEPT BID FROM HOFFMAN & MCNAMARA CO. IN THE AMOUNT OF $229,843.00 FOR THE 105TH AVENUE NE LANDSCAPING, IMPROVEMENT PROJECT NO. 14-11 Ms. Keely stated bids were received for Project No. 14-11. A total of three bids were received. Bids have been checked and tabulated, and it has been determined that Hoffman & McNamara Co. of Hastings, Minnesota is the lowest bidder. The Engineering Department has not worked with Hoffman & McNamara Co. but they have performed many jobs with Public Sectors, including the City of St. Paul and MnDOT. The Engineering department recommends that the low bid be accepted and a contract entered into with Hoffman & McNamara Co. City Council is also asked to approve a 5% contingency to bring the total project budget to City of Blaine Page 17 City Council Minutes May 17, 2018 $241,335.15. The funding source for this project is the City State Aid Fund, Existing EDA pooled TIF, State Bonding, and County Turnback Funds, and there are sufficient funds to cover these costs. Councilmember Hovland asked if this was for the entire project or just the base bid. Ms. Keely reported this was simply for the base bid and noted this item would be coming back to the Council at a future date after further discussions were held with the National Sports Center. Moved by Councilmember Clark, seconded by Mayor Ryan, that Resolution 18-98, “Accept Bid from Hoffman & McNamara Co. in the Amount of $229,843 for the 105th Avenue NE Landscaping,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson 12.-7 A RESOLUTION DECLARING CERTAIN PROPERTY SURPLUS AND AUTHORIZING SALE AND/OR DISPOSAL THEREOF Attachments: 2.1 Disposal of Surplus Tangible Property City Manager Arneson stated as Public Works has grown and replaced older vehicles in its fleet, the City has chosen to hold on to a number of trucks that are no longer suitable to be used as a primary vehicle yet still has value to the City in a secondary use. The ancillary equipment that was originally ordered with these vehicles is also kept in case of a need to use it at a later date. This program has provided great benefit to the City by controlling costs of purchasing new vehicles for uses that are intermittent or seasonal. Public Works staff has reviewed our inventory and determined there are several pieces of equipment that are no longer useful to the City and recommend that they be designated as surplus property by the City Council in order to dispose of by sale per Policy. The identified equipment was reviewed with the Council and recommended for approval. Moved by Councilmember Swanson, seconded by Councilmember Jeppson, that Resolution 18-99, “A Resolution Declaring Certain Property Surplus and Authorizing Sale and/or Disposal Thereof,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson 12.-8 ACCEPT THE JOINT PROPOSAL FROM BARR ENINGEERING CO. AND BOLTON AND MENK, INC. FOR PROFESSIONAL SERVICES FOR DESIGN AND City of Blaine Page 18 City Council Minutes May 17, 2018 CONSTRUCTION SERVICES OF WATER TREATMENT PLANT NO. 4 Mr. Haukaas stated a Request for Proposals was openly advertised on the Quest Construction Data Network website for firms to submit proposals for professional services related to the design and construction services for the City of Blaine's new Water Treatment Plant No. 4. Written proposals were reviewed by staff from which three firms were asked to present to the selection committee. The presentation included an introduction of their team, their understanding of the project and design approach, experience on similar projects, and key decision points to advance this project. Ranking by the selection committee after the presentations eliminated one firm and very close scoring for the other two. It was decided to conduct a second discussion with the two remaining firms and request a fee proposal from each to better understand the value being provided to the City. Each proposal offered slightly different services and options. The proposed fees for comparable services on the project were separated by less than 3%. Mr. Haukaas reported analyzing the proposals for overall value led staff to recommend the team of Barr/BMI to be awarded the contract as having the best proposal based on understanding of the project, suggested project approach, and overall value provided to the City for this project and combined with other on-going work. Staff is also recommending approximately $90,000 of the additional optional services be included in the initial award such as 3D modeling, building automation system design, additional architectural design options, garage space design, etc. The total contract cost including approximately 10 % contingency would be $2,080,000. Moved by Councilmember Swanson, seconded by Councilmember Garvais, that Resolution 18-100, “Accept the Joint Proposal from Barr Engineering Co. and Bolton & Menk, Inc. for Professional Services for Design and Construction Services of Water Treatment Plant No. 4,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson 12.9 Resolution 18-101, Approving Minnesota Department of Public Safety Grant Opportunity for a DWI Officer Chief Podany stated the Minnesota Department of Public Safety (DPS), Office of the Traffic Safety (OTS) is seeking grant applications from law enforcement agencies for a full time DWI officer. The DWI officer will work the peak nights and times when drinking and driving occurs. The City of Blaine qualifies to apply for the grant. The term of the grant is expected to be two years. The grant will pay for the officer, but the City would be responsible for the needed equipment. Adding this officer would be a way to increase our traffic enforcement in the evenings as this City of Blaine Page 19 City Council Minutes May 17, 2018 position is DWI specific and the officer’s hours have to be between 5:00 pm and 5:00 am. By utilizing the grant, it would be more cost effective than adding another officer to the Traffic Unit. It was noted that at the end of the grant term, the City would be responsible for the officer. Chief Podany stated this item was reviewed earlier with Council during the workshop and that Council supported applying for the grant. Moved by Mayor Ryan, seconded by Councilmember Clark, that Resolution 18-101, “Approving Minnesota Department of Public Safety Grant Opportunity for a DWI Officer,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson 13. OTHER BUSINESS Councilmember Garvais stated he would like make a motion to rescind action taken on May 3, 2018 denying Resolution No. 18-81 that would allow the Cedar Point Apartment project. He commented he believed the Council would have benefited by holding further discussion on this item prior to taking a vote and suggested the item be brought forward again to a workshop. Moved by Councilmember Garvais, seconded by Councilmember Clark, to rescind the Council’s previous action related to denial of Resolution No. 18-81, Granting a Comprehensive Land Use Plan Amendment from MDR (Medium Density Residential)/LDR (Low Density Residential) to HDR (High Density Residential), located at 117th Avenue/Ulysses Street NE, Tyr Development, LLC, and direct staff to bring the item back to a Council workshop in June or July 2018, to review with the developer ways to address concerns raised regarding traffic and density and to notify the surrounding neighborhood. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson 14. ADJOURNMENT Moved by Councilmember Hovland, seconded by Councilmember Jeppson, to adjourn the meeting at 10:00 p.m. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Clark, Councilmember Hovland, Councilmember Garvais and Councilmember Jeppson City of Blaine Page 20