City Council

Blaine City Hall City of Blaine 10801 Town Sq Dr NE Blaine MN 55449 Anoka County, Minnesota Minutes City Council Monday, April 15, 2019 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; 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 Dan Schluender; Communications Coordinator Ben Hayle; Senior Engineering Technician Jason Sundeen; Economic Development Coordinator Erik Thorvig; Communications Technician Roark Haver; and City Clerk Catherine Sorensen. Present: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais and Councilmember Robertson Absent: 1 - Councilmember Paul 4. APPROVAL OF MINUTES 4.-1 RECENTLY HELD MEETINGS Attachments: 04-01-19 Workshop Minutes 04-01-19 Council Minutes 04-08-19 Workshop Minutes Moved by Councilmember Swanson, seconded by Councilmember Robertson, that the Minutes of Workshop Meeting of April 1, 2019, the Minutes of the Regular Meeting of April 1, 2019 and the Minutes of Workshop Meeting of April 8, 2019 be approved. Motion adopted. Councilmember Hovland abstained on the April 8, 2019 Workshop meeting minutes due to his absence. City of Blaine Page 1 City Council Minutes April 15, 2019 Aye: 5 - Mayor Ryan, Councilmember Swanson, Councilmember Jeppson, Councilmember Garvais and Councilmember Robertson Abstain: 1 - Councilmember Hovland 5. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS 5.-1 PROCLAMATION - ARBOR DAY 2019 Attachments: Proclamation Mayor Ryan read a proclamation in full for the record declaring May 11, 2019 to be Arbor Day and the month of May to be Arbor month in the City of Blaine. Informational: no action required 6. COMMUNICATIONS Mayor Ryan offered his condolences to the Langfeld family on the passing of Margaret Langfeld, the City’s first female Councilmember who served from 1977-1982. Mayor Ryan thanked the Public Works Department for their efforts during the recent storm and for keeping the City’s streets free and clear of snow. 7. OPEN FORUM FOR CITIZEN INPUT Mayor Ryan opened the Open Forum at 7:35 p.m. Violet and Josie Mostek, 12084 Waconia Circle, requested support from the City Council for the Spring Lake Park Band Day which was scheduled for October 27, 2019. Mayor Ryan thanked the students for attending and requested staff draft a proclamation. Mayor Ryan closed the Open Forum at 7:38 p.m. Informational; no action required. 8. ADOPTION OF AGENDA The agenda was adopted as presented. Approved a amended. 9. APPROVAL OF CONSENT AGENDA: Moved by Councilmember Jeppson, seconded by Councilmember Robertson, City of Blaine Page 2 City Council Minutes April 15, 2019 that the following be approved: Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais and Councilmember Robertson 9.-1 SCHEDULE OF BILLS PAID Attachments: April 2019 Payroll Checks and Wire Transfers 03/29/19 Bills Paid 04/05/19 Bills Paid Approved 9.-2 APPROVAL OF 2019-2020 VENDING TRUCK LICENSES Approved 9.-3 APPROVAL OF THE 2019-2020 KENNEL LICENSES Approved 9.-4 APPROVAL OF CARNIVAL LICENSE FOR GOPHER STATE EXPOSITIONS, INC. AT NORTHTOWN MALL, 100 NORTHTOWN DRIVE NE City of Blaine Page 3 City Council Minutes April 15, 2019 Approved 9.-5 A RESOLUTION DECLARING CERTAIN PROPERTY SURPLUS AND AUTHORIZING SALE AND/OR DISPOSAL THEREOF Attachments: Disposal of Surplus Tangible Property Policy Adopted ADMINISTRATION Mayor Ryan requested the Council address Item 12.8 prior to addressing Item 10.1. 12.-8 PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $10,495,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2019A Attachments: EXHIBIT A Recommendations - Series 2019A Finance Director Huss stated the proposed resolution calls for the sale of $10,495,000 in General Obligation Bonds, and sets the sale date of these bonds for May 20, 2019. The bonds would be issued per Minnesota Statutes, Chapters 429 and 475. Proceeds from the bonds will be used to fund 2019 pavement management program (PMP) project costs related to public improvements that are funded in part by assessments against property owners. Those projects are: * Improvement Project 18-16, Lever Street Area Reconstruction * Improvement Project 18-17, Jefferson Street Area Reconstruction * Improvement Project 18-18, Cloverleaf Pkwy Area Reconstruction Phase I * Improvement Project 19-07, Reconstruction of Tournament Players Parkway Terri Heaton, Baker Tilley, thanked the Council for their time and reported interest rates were down slightly. She commended the City for their strong financial standing and stated she anticipated the City would have a positive bond sale. Moved by Councilmember Hovland, seconded by Mayor Ryan, that Resolution 19-57, “Providing for the Competitive Negotiated Sale of $10,495,000 General Obligation Improvement Bonds, Series 2019A,” be approved. Motion adopted unanimously. City of Blaine Page 4 City Council Minutes April 15, 2019 Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais and Councilmember Robertson 10. 7:30 P.M. - PUBLIC HEARING AND ITEMS PUBLISHED FOR A CERTAIN TIME 10.-1 VACATION OF DRAINAGE AND UTILITY EASEMENT FOR LOT 3 AND LOT 19, BLOCK 1, ASPEN VILLAGE TOWNHOMES, VACATION NO. V19-01 Attachments: Location Map Petition Mayor Ryan opened the public hearing at 7:46 p.m. City Engineer Schluender stated a petition received February 25, 2019, was submitted to the City by Darin Anderson, Manager of Aspen Gardens Holdings, LLC, requesting vacation of drainage and utility easements for the purposes of re-platting several of the existing townhome lots. The homeowner’s association and property owners have agreed to the vacation. The Engineering Department has reviewed this request and concurs with the vacation. There being no additional public input, Mayor Ryan closed the public hearing at 7:48 p.m. Moved by Councilmember Robertson, seconded by Councilmember Hovland, that Resolution 19-52, “Vacation of Drainage and Utility Easement for Lot 3 and Lot 19, Block 1, Aspen Village Townhomes,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais and Councilmember Robertson 11. DEVELOPMENT BUSINESS 11.-1 GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR A PILATES STUDIO IN A B-2 (COMMUNITY COMMERCIAL) ZONING DISTRICT LOCATED AT 10731 UNIVERSITY AVENUE NE, SUITE 230. BODY SENSE PILATES AND WELLNESS STUDIO. (CASE FILE NO. 19-0014/EES) Attachments: CC Attachments 041519 Planning and Community Development Director Schafer stated the applicant, Body Sense Pilates and Wellness Studio, is proposing to occupy a tenant space in the City of Blaine Page 5 City Council Minutes April 15, 2019 multi-tenant building known as Oak Park Plaza, which is located to the south of the Cub Foods at 109th Avenue and University Avenue. According to the Zoning Ordinance, recreational facilities and uses such as this require a conditional use permit. A similar conditional use permit was issued in 2016 to Anytime Fitness for a 5,000 square feet fitness center. Moved by Councilmember Jeppson, seconded by Councilmember Swanson, that Resolution No. 19-58, “Granting a Conditional Use Permit to Allow for a Pilates Studio in a B-2 (Community Commercial) Zoning District located at 10731 University Avenue NE, Suite 230,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais and Councilmember Robertson 12. ADMINISTRATION - continued 12.-1 APPROVE 2019 S.C.O.R.E. AGREEMENT WITH ANOKA COUNTY Attachments: 2019 SCORE Argeement City Manager Arneson stated in 1980, the Minnesota Legislature adopted the Waste Management Act. Part of this law required counties to reduce the amount of solid waste that is generated. As part of Anoka County's Solid Waste Management Plan, funds are made available to municipalities in order to help fund recycling programs and related recycling education activities. Additional funding is also available to fund recycling and organics diversion programs for large community events, and to help assist multi-unit complexes is promoting and expanding their recycling programs. These funds come in part from a State of Minnesota sales tax on garbage service. For the period of January through December 31, 2019, Blaine is eligible to receive revenues of up to $163,003. The execution of this Joint Powers Agreement will allow the transfer of anticipated funding from Anoka County to Blaine's sanitation fund. Moved by Councilmember Hovland, seconded by Mayor Ryan, that Motion 19-88, “Approve 2019 S.C.O.R.E. Agreement with Anoka County,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais and Councilmember Robertson 12.-2 APPROVAL OF 3M OPEN CONTRACTS Attachments: Support and Funding Agreement JPA City of Blaine Page 6 City Council Minutes April 15, 2019 Police Chief/Safety Services Manager Podany stated in preparation for the 3M Open golf tournament, there are two agreements presented for Council consideration. The first agreement is the Event Support and Funding Agreement. This agreement will be between the 3M Open and the City and details an upfront partial funding source to be received by the City prior to the event. This agreement also provides indemnification for the City of Blaine and provides for law enforcement liability insurance. The second agreement for consideration is the Cooperative Public Safety Agreement between the City of Blaine and other agencies that will be assisting us. This agreement outlines the payments to the other agencies after the event is complete, the insurance that was obtained and information about the law enforcement officers coming to assist with the event to ensure they are in good standing. Both documents have been created in consultation with legal counsel. Moved by Councilmember Hovland, seconded by Councilmember Garvais, that Motion 19-89, “Approval of 3M Open Contracts,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais and Councilmember Robertson 12.-3 AUTHORIZE THE MAYOR AND CITY MANAGER TO ENTER INTO A CONTRACT WITH TIERNEY BROTHERS, INC. IN THE AMOUNT OF $87,024.33 TO INSTALL TECHNOLOGY UPGRADES IN CITY HALL CONFERENCE ROOMS AND PUBLIC SPACES Attachments: AV Proposal Communications Coordinator Hayle stated City staff has worked with Tierney Brothers, Inc. to design technology updates for city hall conference rooms and public spaces. Tierney Brothers, Inc. was selected because they hold the Minnesota state contract on audiovisual products which allows Tierney Brothers, Inc. to offer special pricing to governmental entities. The upgrades include video conferencing technology and SMART Board technology. Mr. Hayle reported conference rooms selected to receive upgrades include the city manager’s conference room, police staff conference room, and the sanctuary conference room. The bid also includes new digital signage monitors for the atrium and outside of the city council chambers. Funding for this project has been identified and is available in the Communications Fund. The Communications Fund is funded by cable franchise fees and is to be used for communication related expenses. Councilmember Hovland asked if the equipment being installed could be moved to another room if City Hall renovations were needed in the future. Mr. Hayle reported this would be the case. City of Blaine Page 7 City Council Minutes April 15, 2019 Moved by Councilmember Swanson, seconded by Mayor Ryan, that Motion 19-90, “Authorize the Mayor and City Manager to Enter into a Contract with Tierney Brothers, Inc. in the Amount of $87,035.44 to Install Technology Upgrades in City Hall Conference Rooms and Public Spaces,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais and Councilmember Robertson 12.-4 CONSIDERATION OF THE SALE OF SITE 7 WETLAND CREDITS TO WASHINGTON COUNTY Attachments: Purchase Agreement Mr. Schluender stated Washington County is proposing road work on County State Aid Highway (CSAH) 18. The project requires the County to fill wetland. They have indicated to the City that they would like to purchase the necessary 0.15 acres of wetland credits from the City Wetland Bank which meets the mitigation requirements of the watershed. 0.15 acres (6,534 square feet) of wetland credits would need to be purchased from the City at the sale price of $2 per square foot or in this case approximately $13,068. The City’s Wetland Bank currently has just over 12 acres currently available. Councilmember Swanson asked if this price was a little low. He stressed the importance of receiving a higher sale price for the sale of future wetland credits. Mr. Schluender commented the lower price was proposed given the fact that the amount of acreage was small and that the City was selling these wetland credits to another governmental agency. Councilmember Swanson stated he did not want to see this low sale price continued in the future as he was concerned how the City’s future plans would be impacted if the City were to receive less in revenues than was originally projected for the wetland credits. Mayor Ryan agreed. Moved by Councilmember Robertson, seconded by Councilmember Jeppson, that Resolution 19-53, “Consideration of the Sale of Site 7 Wetland Credits to Washington County,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais and Councilmember Robertson 12.-5 APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR LEVER STREET City of Blaine Page 8 City Council Minutes April 15, 2019 AREA STREET RECONSTRUCTIONS, IMPROVEMENT PROJECT NO. 18-16 Attachments: Lever St Area Location Map Mr. 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 construction project will reconstruct Ball Road from 104th Avenue alignment to Lever Street, Lever Street from Ball Road to North Road, 103rd Lane from Lever Street to Sunset Avenue, National Street from 103rd Lane to 105th Lane, 104th Avenue from National Street to Sunset Avenue, 104th Lane from National Street to Rockney Street, Rockney Street from 104th Avenue to 104th Lane, 101st Lane from Quito Street to Sunset Avenue and Quito Street from North Road to 101st Lane. Mr. Schluender explained the proposed improvements to the Lever Street Area include reclaiming existing bituminous pavement and adding concrete curb and gutter, and additional storm sewer catch basins and piping along 103rd Lane, National Street, 104th Avenue, 104th Lane, Rockney Street, Quito Street and 101st Lane. Lever Street improvements will include reclaiming of existing bituminous pavement, storm sewer improvements, spot curb and gutter replacement and spot sidewalk replacement. Ball Road will include reclaiming existing bituminous pavement and adding ribbon curb. Moved by Councilmember Swanson, seconded by Councilmember Jeppson, that Resolution 19-54, “Approve Plans and Specifications and Order Advertisement for Bids for Lever Street Area Street Reconstruction,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais and Councilmember Robertson 12.-6 APPROVE PLANS AND SPECIFICATIONS AND ORDER ADVERTISEMENT FOR BIDS FOR CLOVERLEAF PARKWAY AREA RECONSTRUCTIONS, IMPROVEMENT PROJECT NO. 18-18 Attachments: Location Map-CLOVERLEAF.pdf Mr. Schluender stated the Public Hearing for the proposed improvement project was held on March 7, 2019, and the City Council ordered the preparation of plans and specifications. The Cloverleaf Parkway Area Street Reconstructions Project, which reconstructs various city streets, is to be constructed over two years (2019 and 2020). The construction project for 2019 will reconstruct Clover Leaf Parkway from Polk Street to Trunk Highway 65, 93rd Avenue from Trunk City of Blaine Page 9 City Council Minutes April 15, 2019 Highway 65 to Isanti Street and Lincoln Street and Ulysses Street within Aquatore Park. Mr. Schluender reported the proposed improvements to the Cloverleaf Parkway Area include repair/replacement of concrete curb and gutter and sidewalk, minor storm drainage improvements, asphalt surface replacement, traffic control signage, and appurtenant construction. Councilmember Jeppson clarified the streets included in each project year. Moved by Councilmember Hovland, seconded by Councilmember Jeppson, that Resolution 19-55, “Approve Plans and Specifications and Order Advertisement for Bids for Cloverleaf Parkway Area Reconstructions,” be approved. Motion adopted unanimously. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais and Councilmember Robertson 12.-7 A RESOLUTION REQUESTING COMPREHENSIVE ROAD AND TRANSIT FUNDING Public Works Director Haukaas stated the League of Minnesota Cities (LMC) is urging city councils to adopt a resolution calling for the Legislature to pass and Governor Walz to sign a permanent increase in dedicated funding for state and local road, bridge, and transit systems in Greater Minnesota and the metropolitan area. Existing funding mechanisms for city street maintenance and reconstruction are inadequate. The bulk of city streets are not eligible for Municipal State Aid (MSA). Nearly 84 percent of city streets are funded only with property taxes and special assessments. Special assessments can be onerous to property owners. Councilmember Robertson expressed concern with the language being too vague. She feared that this language could result in support for a funding source such as a gas tax. Mr. Haukaas commented the resolution was an urging to the legislature to come up with alternatives that would work for everyone and did not specify a gas tax. Councilmember Robertson stated she understood the State was scrambling for funds but noted she could not support additional transfer fees or gas taxes. Councilmember Hovland agreed. He explained he did not want additional regulations or taxes from the State for roads. Councilmember Swanson stated if changes were not made MNDOT would run out City of Blaine Page 10 City Council Minutes April 15, 2019 of funding in a few years. Councilmember Garvais commented he could support the State changing laws in order to assist cities in planning for future infrastructure improvements but could not support all local taxpayers paying for roads in other cities. He feared the proposed resolution could open the door to this concern. Mayor Ryan explained the majority of cities in the metro area have supported the proposed resolution. He reported all cities were suffering on how to improve their streets. Councilmember Jeppson questioned if action on the resolution should be delayed in order to allow the Council to review and address the concerning language. Councilmember Robertson stated supporting the resolution would indicate responsibility for the State to raise funds for streets and it was her concern this action could result in a higher gas tax and for this reason she would not be supporting the proposed resolution. Councilmember Garvais indicated he could support the resolution if the last Whereas statement were removed that stated cities need greater resources, including additional dedicated State funding source for transportation, and flexible policies to meet growing demands for street improvements and maintenance. Councilmember Hovland stated he supported this item going to a future workshop meeting. Councilmember Garvais commented if this item were addressed at a future workshop meeting the legislative session would be over and needed to be concluded this evening. Councilmember Swanson discussed now MSA funds were distributed by the State. He recommended the City of Blaine let its legislators know the distribution rate has been unfair. Moved by Councilmember Swanson, seconded by Mayor Ryan, that Resolution 19-56, “A Resolution Requesting Comprehensive Road and Transit Funding,” be approved. Amended motion adopted 4-2 (Councilmembers Hovland and Robertson opposed). Aye: 4 - Mayor Ryan, Councilmember Swanson, Councilmember Jeppson and Councilmember Garvais Nay: 2 - Councilmember Hovland and Councilmember Robertson City of Blaine Page 11 City Council Minutes April 15, 2019 Substitution motion by Councilmember Garvais, seconded by Councilmember Swanson, amending the language removing “including additional dedicated State funding source for transportation” from the last Whereas clause. Substitute motion adopted 4-2 (Councilmembers Hovland and Robertson opposed). Aye: 4 - Mayor Ryan, Councilmember Swanson, Councilmember Jeppson and Councilmember Garvais Nay: 2 - Councilmember Hovland and Councilmember Robertson PROVIDING FOR THE COMPETITIVE NEGOTIATED SALE OF $10,495,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2019A Attachments: EXHIBIT A Recommendations - Series 2019A This item was considered following Item 9.5. 13. OTHER BUSINESS Finance Director Huss reviewed potential dates for the City Manager search interviews. After discussion by the City Council he explained interviews would be held on May 13 and June 3 (beginning at 5:00 p.m.) with finalists being interviewed July 1 and 2. Discussed; direction provided to staff. 14. ADJOURNMENT Moved by Councilmember Hovland, seconded by Councilmember Robertson, to adjourn the meeting at 8:36 p.m. Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais and Councilmember Robertson City of Blaine Page 12