City Council

Blaine City Hall City of Blaine 10801 Town Sq Dr NE Blaine MN 55449 Anoka County, Minnesota Minutes City Council Monday, April 1, 2019 7:30 PM Council Chambers 1. CALL TO ORDER BY THE MAYOR The meeting was called to order at 7:31 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; Economic Development Coordinator Erik Thorvig; Public Services Manager/Assistant City Manager Bob Therres; City Attorney Patrick Sweeney; City Engineer Dan Schluender; Senior Engineering Technician Al Thorp; Communications Technician Roark Haver; Fire Chief Charlie Smith; and City Clerk Catherine Sorensen. Present: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul 4. APPROVAL OF MINUTES 4.-1 RECENTLY HELD MEETINGS Attachments: 03-14-19 Workshop Minutes 03-21-19 Closed Workshop 03-21-19 Workshop Minutes 03-21-19 Council Minutes Moved by Councilmember Hovland, seconded by Councilmember Robertson, that the Minutes of Workshop Meeting of March 14, 2019, the Minutes of the Closed Workshop Meeting of March 21, 2019, the Minutes of Workshop Meeting of March 21, 2019, and the Minutes of the Regular Meeting of March 21, 2019 be approved. Motion adopted. Councilmember Garvais abstained on the March 21, 2019 City of Blaine Page 1 City Council Minutes April 1, 2019 Closed, Workshop and Regular meeting minutes due to his absence. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson and Councilmember Paul Abstain: 1 - Councilmember Garvais 5. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS 5.-1 LINO LAKES YMCA PRESENTATION Attachments: Presentation Andrew Hoffman, YMCA Executive Director, thanked the Council for their time. He discussed the positive impact the YMCA was having on the community. He noted the number of visitors the facility had on a monthly basis and described the programming the YMCA offered to its visitors. In addition, he stated 600 seniors visit the facility each month. He reported youth development and workforce development were main focuses for the YMCA. He stated 300 free summer memberships would be offered to students going into 9th through 11th grades in the community. He invited the City Council to visit the YMCA and that he would be happy to provide a tour. Informational: no action required 5.-2 NORTH SUBURBAN HOSPITAL DISTRICT TRANSFER OF FUNDS Rebecca Trancheff, North Suburban Hospital District Board Member, explained the North Suburban Hospital District was formed more than 50 years ago to create a hospital in the region. The region includes Blaine, Fridley, Hilltop, Mounds View and Spring Lake Park. The Hospital District Board voted in September of 2016 to disband and subsequently Unity Hospital and surrounding land has been sold to Allina Health. On March 13, 2019, a resolution was passed by the North Suburban Hospital District to transfer the funds to the region cities. She discussed the formula that was used to disburse the funds and presented the City Council with a check in the amount of $2.648 million. Mayor Ryan commented how Mercy Hosptial - Unity Campus was key to growing the surrounding communities and thanked the District for the funds. Moved by Mayor Ryan, seconded by Councilmember Garvais, to accept the North Suburban Hospital District Transfer of Funds. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul City of Blaine Page 2 City Council Minutes April 1, 2019 City Manager Arneson reported the Council would be discussing how to utilize these funds at a future workshop meeting. 6. COMMUNICATIONS None. None. 7. OPEN FORUM FOR CITIZEN INPUT Mayor Ryan opened the Open Forum at 7:50 p.m. There being no input, Mayor Ryan closed the Open Forum at 7:50 p.m. None. 8. ADOPTION OF AGENDA The agenda was adopted as presented. Adopted as presented. 9. APPROVAL OF CONSENT AGENDA: Moved by Councilmember Jeppson, seconded by Councilmember Garvais, that the following be approved: Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul 9.-1 SCHEDULE OF BILLS PAID Attachments: February 2019 Payroll Checks and Wire Transfers 03/01/19 Bills Paid 03/08/19 Bills Paid 03/15/19 Bills Paid 03/22/19 Bills Paid Approved 9.-2 APPROVE TEMPORARY NURSERY SALES LICENSES Approved City of Blaine Page 3 City Council Minutes April 1, 2019 9.-3 APPROVE A TEMPORARY ON-SALE INTOXICATING AND 3.2 PERCENT MALT LIQUOR LICENSE FOR CHURCH OF ST. TIMOTHY’S PARISH DINNER, 707 - 89TH AVENUE NE Approved 9.-4 AUTHORIZE CITY MANAGER TO AMEND THE AGREEMENT WITH RICE CREEK WATERSHED DISTRICT FOR THE CITY OWNED PROPERTY AT 12260 LEXINGTON AVENUE Attachments: RCWD Agreement Location Map RCWD Agreement Ammendment to Agreement Approved 9.-5 RIGHT OF WAY AND UTILITY EASEMENT ACQUISITION AT 12256 LEXINGTON AVENUE Attachments: 12256 Lexington Ave. Appraisal.pdf Location Map.pdf At 7:30PM Approved 9.-6 APPROVE OF STORM DAMAGE REPAIRS TO VARIOUS PARK BUILDINGS IN THE AMOUNT OF $73,930 Attachments: Roof Repair Bids Approved 9.-7 APPROVE OF STORM DAMAGE REPAIRS TO PUBLIC WORKS FACILITY BY McGOUGH IN THE AMOUNT OF $97,716. Attachments: Public Works Storm Damage Repair City of Blaine Page 4 City Council Minutes April 1, 2019 Approved 10. 7:30 P.M. - PUBLIC HEARING AND ITEMS PUBLISHED FOR A CERTAIN TIME None. None. 11. DEVELOPMENT BUSINESS 11.-1 RELEASING LOT 4, BLOCK 1, THE LAKES OF RADISSON THIRTIETH ADDITION FROM RECORDED DEVELOPMENT AGREEMENTS (CASE FILE NO. 19-0012/BKS) Attachments: Attachments Planning and Community Development Director Schafer stated the City is requested to release specific lots from recorded Development Agreements on a fairly regular basis. In this instance the lot is a vacant commercial lot on 124th Court NE that was platted in 2006 as part of The Lakes of Radisson Thirtieth Addition. The lot is subject to two separate Development Agreements that were recorded in 2003 and 2006. All of the development agreement responsibilities for this lot have been met and the lot can be released. The City Council must adopt a resolution that authorizes the Mayor and Clerk to execute the release. Moved by Councilmember Robertson, seconded by Councilmember Hovland, that Resolution No. 19-47, “Releasing Lot 4, Block 1, the Lakes of Radisson Thirtieth Addition from Recorded Development Agreements,” be approved. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul 11.-2 GRANTING A CONDITIONAL USE PERMIT AMENDMENT FOR AN ADDITONAL PARKING LOT AT BLAINE HIGH SCHOOL AND FOR THE RECONSTRUCTION OF 12 TENNIS COURTS LOCATED AT 12555 UNIVERSITY AVENUE NE. ANDERSON JOHNSON ASSOCIATES, INC. (ANOKA-HENNEPIN SCHOOL DISTRICT 11). (CASE FILE NO. 19-0011/EES) Attachments: Attachments Mr. Schafer stated the applicant is requesting a conditional use permit amendment City of Blaine Page 5 City Council Minutes April 1, 2019 to allow exterior improvements on the south side of the Blaine High School campus. Schools are considered conditional uses in the R-1 (Single Family) zoning district, and Blaine High School has had some amendments to their original conditional use permit over the years. Most recently, in 2018, the City Council approved an amendment to a Conditional Use Permit to allow new classrooms, cafeteria space, gymnasium, and offices at Blaine High School. This work is ongoing at this time. A conditional use permit amendment is currently needed to allow for the construction of additional parking and reconfiguration of the tennis courts on the south side of the campus, adjacent to 125th Avenue Northeast. The additional parking spaces are needed to accommodate the growing student population and the reconstruction of the tennis courts is needed to correct drainage issues with the current tennis courts. A total of 219 new parking stalls are proposed. The number of tennis courts will remain at 12, but will be reconfigured. A large stormwater basin is proposed south of the proposed parking and tennis courts. Moved by Councilmember Swanson, seconded by Councilmember Robertson, that Resolution No. 19-48, “Granting a Conditional U se Permit Amendment for an Additional Parking Lot at Blaine High School and for the Reconstruction of 12 Tennis Courts located at 12555 University Avenue NE,” be approved. Motion adopted unanimously. 11.-3 GRANTING A 30-FOOT VARIANCE TO THE 30-FOOT PARKING/DRIVEWAY SETBACK REQUIREMENT FOR A PORTION OF THE PAVED AREA OF THIS SITE ALONG SUNSET AVENUE AT 10130 SUNSET AVENUE NE. FRANCOIS ZONGO (KINGDOM BAKING). (CASE FILE NO. 15-0050/LSJ) Attachments: Attachments Mr. Schafer stated there is currently a vacant gas station on the northwest corner of Sunset Avenue and 101st Lane that has been unoccupied for many years. The site is currently nonconforming in terms of setbacks, landscaping and other zoning ordinance requirements related to site development. The applicant owns the site and is proposing to locate a new bakery/coffee shop at this location. He is proposing to construct a new building and rehabilitate the site to make it as conforming as possible to the Zoning Ordinance. In order to make it a conforming site, the applicant applied for and received the approval of two variances in 2016. The owner of Kingdom Bakery, Francois Zongo, currently has a bakery in Lino Lakes and has purchased this site to add a second location. The bakery/coffee shop would be open on Monday-Friday from 6:00 a.m. to 5:30 p.m. and Saturday from 7:00 a.m. to 2:00 p.m. The business would be closed on Sundays. There would be 3 employees at this location. The two variances required for the redevelopment of the site as the applicant has proposed are as follows: City of Blaine Page 6 City Council Minutes April 1, 2019 1. A 22-foot variance to the 30-foot front yard setback requirement (east) along Sunset Avenue 2. A 19-foot variance to the 25-foot rear yard setback requirement (west) Mayor Ryan stated he was concerned that expanding this variance too far would be a problem if the County were to expand the adjacent roadway. However, he commented he would like to see this building redeveloped given the fact it was completely blighted. Debbie Zongo, applicant, thanked the Council for their consideration. She reported the proposed property was a mess and in need of renovation. She explained how they were small business owners and financing the project was a concern. She commented on the curb location and indicated she had hired a civil engineer to complete a parking and drive-thru assessment and that the engineer’s recommendation was to not move the curb eight feet as this would narrow the drive lanes too much. For this reason, she was requesting to move the curb to the property line and out of the right-of-way. She explained the proposed curb placement would make the drive-thru feasible and noted this amenity was essential for the proposed coffee shop. Councilmember Swanson asked if staff had been made aware of the engineer’s recommendations. Mr. Schafer stated he had reviewed the recommendations from the engineer and commented further on the proposed width of the drive-thru. Francois Zongo, applicant, explained he was concerned with the proposed width of the drive-thru and that an incident would occur if the driving lanes were too close together. He stated he would like to see the drive-thru width expanded to more closely reflect the engineer’s recommendation. Councilmember Hovland indicated he did not anticipate the site would have a concern with traffic and traffic movement through the site. Councilmember Swanson questioned if the City had any funds available to assist with the demolishing or renovation of this building. Ms. Zongo stated her current plan was to demolish the building and construct a new building in its place. Mr. Schafer reported the City Council could direct staff to investigate the use of EDA funds for this project. Councilmember Swanson recommended staff investigate the use of EDA funds to assist with this small business renovation project. City of Blaine Page 7 City Council Minutes April 1, 2019 Mr. Zongo commented on a letter he received from the Anoka County Highway Department and asked staff to comment further on this correspondence. Mr. Schafer explained the City also received a letter from the County stating this organization was investigating a temporary licensing agreement with the applicant to allow the curb to remain but that it had not been approved through all necessary channels yet. He noted this letter does not have to do with request before the Council. Mr. Zongo questioned how the curb got put in the wrong place. He stated he has been told by City staff on several occasions that this building was non-conforming. He requested the City be fair and understand that he did not put the curb in the wrong place, adding it had been in the wrong location for over 20 years. He explained he felt he was being mistreated for a mistake he did not make and encouraged the City to own this responsibility and cover the expense of moving the curb. Councilmember Garvais asked which curb the applicant was referencing. Mr. Schafer stated the applicant was referring to the curb along Sunset Avenue. Councilmember Jeppson commented how Mr. Zongo was now the landowner of this property and the curb was his responsibility. She indicated the curb needed to be moved and understood the landowner was requesting help from the City. Moved by Councilmember Swanson, seconded by Councilmember Garvais, that Resolution No. 19-49, “Denying a 30-foot Variance to the 30-foot Parking/Driveway Setback Requirement for a Portion of the Paved Area of this site along Sunset Avenue at 10130 Sunset Avenue NE,” be approved. Councilmember Jeppson requested a roll call vote. Councilmember Garvais – nay Councilmember Hovland – nay Councilmember Jeppson – aye Councilmember Paul – aye Councilmember Robertson – nay Councilmember Swanson – aye Mayor Ryan – nay Motion failed 3-4 (Councilmembers Garvais, Hovland, Robertson and Mayor Ryan opposed). Aye: 3 - Councilmember Swanson, Councilmember Jeppson and Councilmember Paul Nay: 4 - Mayor Ryan, Councilmember Hovland, Councilmember Garvais and Councilmember Robertson Development Coordinator Thorvig explained the City had a small business loan program in place that would apply to this project, adding he had made Mr. Zongo aware of this program. He reported Councilmember Jeppson was proposing a City of Blaine Page 8 City Council Minutes April 1, 2019 granting of EDA funds and stated this could be accomplished through a motion with the EDA. Councilmember Swanson stated he could support the friendly amendment. Councilmember Hovland reported he supported this project and believed redevelopment of this property could spur further redevelopment in the area. Mr. Zongo expressed concern that his property was being held to a higher or different standard than the neighboring properties with respect to landscaping and right-of-way. He questioned why the City was requiring additional grass on his lot when he was meeting all landscaping requirements. Mayor Ryan agreed with this assessment and said he could support an EDA grant of $3,500 to assist Mr. Zongo with moving the curb. Mr. Zongo discussed the frustrations he has had with the City over the past six months while he has been working on this project. He stated he was willing to move the curb two feet in order to get the curb out of County right-of-way but explained he was not willing to move the curb eight feet. Councilmember Jeppson commented she understood Mr. Zongo’s frustrations but was considering withdrawing her friendly amendment for an EDA grant. Mayor Ryan stated it was difficult to consider this request given how the neighboring properties were also non-conforming. He explained he understood the concerns of Mr. Zongo with respect to the drive-thru and site traffic flow. Councilmember Hovland questioned why two lanes of traffic had to flow through the site along Sunset Avenue. Ms. Zongo commented this extra lane of traffic would allow for deliveries to be made to the building. Mayor Ryan stated he would rather see the variance approved than a $3,500 EDA grant. Councilmember Garvais stated he supported the variance over having an additional eight feet of grass along the roadway, especially given the fact the applicant had an adequate amount of landscaping. Councilmember Swanson questioned if the applicant was prepared to give more property to the County if Sunset Avenue were to expand. Ms. Zongo commented this would be a future concern and noted all neighboring properties would have the same issue. City of Blaine Page 9 City Council Minutes April 1, 2019 Councilmember Jeppson recommended a friendly amendment to direct staff to bring forward an appropriation of up to $3,500 of EDA grant funding to help relocate the curb at a future EDA meeting. Councilmember Robertson asked staff’s position on the proposed EDA grant funding. Economic Due to lack of support, the friendly amendment was withdrawn. Councilmember Jeppson commented on how the parking lot would look in the winter months when the City receives a number of large snow events. Mr. Zongo commented his property would face the same concerns as all of his neighbors. Councilmember Garvais questioned how the Council should proceed. City Attorney Sweeney recommended the Council vote on the motion on the floor. Moved by Councilmember Garvais, seconded by Councilmember Hovland, that Resolution No. 19-49, “Granting a 30-foot Variance to the 30-foot Parking/Driveway Setback Requirement for a Portion of the Paved Area of this site along Sunset Avenue at 10130 Sunset Avenue NE,” be approved. Councilmember Swanson requested a roll call vote stating he opposed the motion on the floor. Councilmember Garvais – aye Councilmember Hovland – aye Councilmember Jeppson – nay Councilmember Paul – aye Councilmember Robertson – aye Councilmember Swanson – nay Mayor Ryan – aye Motion adopted 5-2 (Councilmembers Jeppson and Swanson opposed). Aye: 5 - Mayor Ryan, Councilmember Hovland, Councilmember Garvais, Councilmember Robertson and Councilmember Paul Nay: 2 - Councilmember Swanson and Councilmember Jeppson 12. ADMINISTRATION 12.-1 APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR TOURNAMENT PLAYERS PARKWAY, 2019 STREET RECONSTRUCTIONS, IMPROVEMENT PROJECT NO. 19-07 Attachments: Location Map City Engineer Schluender stated the Public Hearing for the proposed improvement project was held on February 21, 2019, and the City Council ordered the preparation of plans and specifications. The 2019 Street Reconstructions Project, City of Blaine Page 10 City Council Minutes April 1, 2019 which reconstructs various city streets, is to be constructed over two years (2019 and 2020). The construction project for this year consists of the reconstruction of Tournament Players Parkway from 109th Avenue to Radisson Road. The proposed improvements to Tournament Players Parkway include repair and replacement of damaged concrete curb and gutter and sidewalk, pedestrian ramp improvements, full depth reclamation, new bituminous pavement, new sanitary castings and rings, and appurtenant construction. Plans and specifications have been prepared as directed and are available for Council review in the Engineering Department. Mayor Ryan asked when work on this project would begin. Mr. Schluender reported the contract would be awarded by the City Council on May 6th and construction would begin shortly thereafter. Moved by Councilmember Hovland, seconded by Mayor Ryan, that Resolution19-50, “Approve Plans and Specifications and Order Advertisement for Bids for Tournament Players Parkway, 2019 Street Reconstructions,” be approved. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul 13. OTHER BUSINESS None. None. 14. ADJOURNMENT Moved by Councilmember Jeppson, seconded by Councilmember Robertson, to adjourn the meeting at 8:39 p.m. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul City of Blaine Page 11