City Council

Blaine City Hall City of Blaine 10801 Town Sq Dr NE Blaine MN 55449 Anoka County, Minnesota Minutes City Council This meeting will be a hybrid of Zoom and in-person. The Mayor has signed a declaration allowing members of the council, staff, and the public to attend the meeting remotely via Zoom as has been done during the COVID-19 pandemic. The council chambers will have limited seating, with audience chairs being set up at least six feet apart. There will be an overflow area where the meeting can be watched in the Cloverleaf Farms Room, also with chairs set up at least six feet apart. Please note that all visitors to city hall are required to wear a face mask while inside the building. Public comments may be submitted prior to the meeting by sending an email to PublicComment@BlaineMN.gov or by calling 763-717-2782 no later than Noon on Monday, July 6. Public comment during the meeting will be taken both remotely via Zoom and in-person in the council chambers. Members of the public can join the Zoom webinar at, https://blainemn.zoom.us/j/99599968252. Monday, June 1, 2020 7:30 PM Due to the COVID-19 pandemic, city meetings will now be held as virtual meetings until further notice 1. CALL TO ORDER BY THE MAYOR The meeting was called to order at 7:32 p.m. by Mayor Ryan followed by the Pledge of Allegiance and the Roll Call. Due to the COVID-19 pandemic this meeting was held virtually. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Quorum Present. ALSO PRESENT: City Manager Michelle Wolfe; Community Development Director Erik Thorvig; City Planner Lori Johnson; 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 Technician Roark Haver; Communications Manager Ben Hayle; Senior Center Coordinator Ann Genosky; and City Clerk Catherine Sorensen. City of Blaine Page 1 City Council Minutes June 1, 2020 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: 05-11-20 Closed Session - Security Concerns - Public Safety Staffing 05-11-20 Workshop Minutes 05-18-20 Workshop Minutes 05-18-20 Council Minutes Moved by Councilmember Hovland, seconded by Councilmember Robertson, that the Minutes of Closed Session of May 11, 2020, the Minutes of Workshop Meeting of May 11, 2020, the Minutes of Workshop Meeting of May 18, 2020, and the Minutes of the Regular Meeting of May 18, 2020 be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul 5. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS 5.-1 ACCEPT DONATION TO THE BLAINE PUBLIC SAFETY ASSOCIATION Police Chief/Safety Services Manager Podany stated the police department has recently received a donation by a City of Blaine resident who wishes to remain anonymous. This donation is for the Blaine Public Safety Association in the amount of $1,000.00. Moved by Councilmember Swanson, seconded by Councilmember Robertson, that Resolution 20-75, “Accept Donation to the Blaine Public Safety Association,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul 6. COMMUNICATIONS Mayor Ryan thanked 911 dispatchers, the Blaine Police Department and SBM Fire Department for their tremendous efforts during the recent events resulting from the death of George Floyd in Minneapolis and St. Paul. Councilmember Jeppson thanked Police Chief Podany and Councilmember City of Blaine Page 2 City Council Minutes June 1, 2020 Garvais who assisted in relocating over 140 individuals from three downtown encampments away from the riots and protesting. Mayor Ryan reported an emergency curfew would remain in place from June 1 through June 3 from 10:00 p.m. through 4:00 a.m. Councilmember Robertson acknowledged all of the 2020 graduates and congratulated them on all of their accomplishments. 7. OPEN FORUM Mayor Ryan opened the Open Forum at 7:41 p.m. Mike Joyce, 4661 104th Lane NE, explained he lived near Centennial High School. He thanked the City for the great work on the reconstruction project completed by the City of Blaine. He thanked Mayor Ryan for taking the time to speak with him and for considering the need for the project. Bob Taylor, 4539 Ball Road NE, thanked the City for the great work that was completed on the street reconstruction project in his neighborhood. There being no further input, Mayor Ryan closed the Open Forum at 7:44 p.m. 8. ADOPTION OF AGENDA The agenda was adopted as presented. 9. APPROVAL OF CONSENT AGENDA: Councilmember Hovland requested the removal of agenda item 9.2. Moved by Councilmember Jeppson, seconded by Councilmember Swanson, that the following be approved: A roll call vote was taken. 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 City of Blaine Page 3 City Council Minutes June 1, 2020 Attachments: 05/15/2020 Bills paid 05/15/2020 Subset 05/22/2020 Bills Paid 05/22/2020 Subset Approved 9.-3 AUTHORIZE TEMPORARY REMOVAL OF PARKING RESTRICTIONS ON 103RD LANE AND NATIONAL STREET FOR A CENTENNIAL ELEMENTARY SCHOOL EVENT ON OCTOBER 7, 2020 (RAIN DATE: OCTOBER 8, 2020) Attachments: Centennial Parking Request Fall 2020 Centennial School Parking Map Approved 9.-2 APPROVE 2020-2021 LIQUOR LICENSE RENEWALS Attachments: 2020 Liquor Renewals Councilmember Hovland asked if the City’s liquor license holders have been successful during their alcohol compliance checks. City Clerk Sorensen reported compliance checks are conducted twice a year and the City has been successful, noting the number of issues each year was decreasing. Police Chief Podany reported license holders had seven violations in 2019 and explained the City only had five violations in 2020. He discussed how the Police Department works diligently with the liquor license establishments to educate and ensure alcohol sales are conducted properly. Moved by Councilmember Hovland, seconded by Mayor Ryan, that Motion 20-66, “Approve 2020-2021 Liquor License Renewals,” be approved. A roll call vote was taken. Motion adopted unanimously. City of Blaine Page 4 City Council Minutes June 1, 2020 Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul 10. 7:30 P.M. - PUBLIC HEARING AND ITEMS PUBLISHED FOR A CERTAIN TIME 10.-1 ADOPTING ASSESSMENT FOR LEVER STREET AREA STREET RECONSTRUCTIONS, IMPROVEMENT PROJECT NO. 18-16 Attachments: Proposed Final Assessment Roll Location Map City Engineer Schluender stated Improvement Project No. 18-16 included reclaiming existing bituminous pavement and adding 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 included reclaiming of existing bituminous pavement and curb and gutter replacement, storm sewer installation, spot curb and gutter replacement, and spot sidewalk replacement. Ball Road included reclaiming existing bituminous pavement and added ribbon curb. The total cost of the project was reviewed with the Council. The Assessment Roll has been prepared consistent with the Feasibility Report. Of the total cost, the amount to be assessed is $1,003,725.38. The Public Utility Fund will contribute $205,372.89 for water and sewer improvements. Municipal State Aid System (MSAS) funds will contribute $1,000,000.00 and Pavement Management Program funds will contribute $1,871,509.60. Staff reviewed the comments received from the public and recommended approval of the assessments for the Lever Street Area Street Reconstruction project. Mayor Ryan opened the public hearing at 7:55 p.m. Mike Joyce, 4661 104th Lane NE, thanked the Council for completing this project. Dan Lawson, 10290 Lever Street NE, reported he contacted staff earlier with concerns. Francois Zongo, 10130 Sunset Avenue, contacted staff earlier with concerns about his assessment calculations. Bob Taylor, 4539 Ball Road NE, explained the work on the street was great. However, he had concerns with the management of this project given the fact there was a crooked sidewalk, clogged pipes, the ditch had standing water and there were other drainage concerns. He recommended City staff visit the project area to see if construction debris was stuck in the pipes. He thanked Councilmember City of Blaine Page 5 City Council Minutes June 1, 2020 Hovland for helping him work through the assessment calculations. Mr. Schluender discussed the layout and design of the sidewalk in detail with the Council. He noted the Ball Road catch basin concerns have been brought to staff’s attention and staff would ensure it was free of debris. He commented further on the ditch and explained the City would work to help that water along. Public Works Director Haukaas indicated the City was aware of a high spot in this ditch and would be working to reprofile this ditch. Charles and Vickie Harris, 4864 and 4884 101st Lane NE, reported they had filed a written objection to their assessment and requested a reduction. Mr. and Mrs. Harris believed this project benefited the school property more than the residential homes in the area. Ms. Harris commented she did not receive written notification from the City regarding the assessment. She explained she was trying to provide affordable housing and this assessment was crippling. Councilmember Hovland asked if Ms. Harris was the individual who just purchased the property and the assessment notice went to the previous owner. Ms. Harris stated this was the case. Councilmember Hovland questioned what could be done given the fact these new owners were not aware of the assessment. Mr. Schluender stated Anoka County tax records were used for assessment notifications and the City was unaware of any sales that were pending. He recommended Mr. and Mrs. Harris go back to the title company because this had been a pending assessment on this property for the past two years. Ms. Sorensen explained staff had a written objection for the assessment on file from Mr. and Mrs. Harris. Robert Pearson, 4825 103rd Lane NE, expressed concerns regarding a large crack in their pavement. He explained the contractor had visited his property and stated this crack was too large to fix. He stated he would like the City to address this matter. Mr. Schluender indicated he would have a City staff member visit with Mr. Pearson to see if this was a warranty matter. There being no additional public input, Mayor Ryan closed the public hearing at 8:12 p.m. Councilmember Hovland explained this area of the City greatly needed street improvements and asked if sidewalk would be installed on Ball Road. Mr. Schluender reported this was a rural ditch section and a sidewalk would not be installed with this project. City of Blaine Page 6 City Council Minutes June 1, 2020 Mayor Ryan questioned if there were any seniors deferring their assessment. Mr. Schluender reported the City received one deferment request. Moved by Councilmember Hovland, seconded by Councilmember Robertson, that Resolution 20-76, “Adopting Assessment for Lever Street Area Street Reconstructions,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul 10.-2 ON-SALE WINE AND 3.2% MALT LIQUOR ON-SALE LICENSES FOR EMILY YANG, ROCKY’S ASIAN BISTRO & BBQ LLC DBA ROCKY’S ASIAN BISTRO & BBQ, 2330 CLOUD DRIVE, #101, BLAINE Attachments: Notice of Public Hearing - Rocky's Asian Bistro & BBQ Ms. Sorensen stated a public hearing is required by ordinance prior to the approval of an On-Sale Wine and 3.2% Malt Liquor On-Sale Licenses. Emily Yang, owner/applicant for Rocky’s Asian Bistro & BBQ LLC dba Rocky’s Asian Bistro & BBQ has submitted an application for On-Sale Wine and 3.2% Malt Liquor On-Sale licenses for the restaurant located at 2330 Cloud Drive, #101 (the former Dixie Blue BBQ). The applicant has submitted a completed license application and license fee of $1,900. The required certificate of insurance for liquor liability and all required forms and documents have been received and are on file in our office. The Police Department is in the process of completing a background investigation. The fire inspection and Certificate of Occupancy are pending. All required information will be submitted to the State Liquor Control Department upon approval of the license by the Council. Mayor Ryan opened the public hearing at 8:19 p.m. There being no additional public input, Mayor Ryan closed the public hearing at 8:19 p.m. Moved by Councilmember Paul, seconded by Councilmember Robertson, that Resolution 20-68, “On-Sale Wine and 3.2% Malt Liquor On-Sale Licenses for Emily Yang, Rocky’s Asian Bistro & BBQ LLC DBA Rocky’s Asian Bistro & BBQ, 2330 Cloud Drive, #101, Blaine,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul 11. DEVELOPMENT BUSINESS City of Blaine Page 7 City Council Minutes June 1, 2020 11.-1 GRANTING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR THE CONSTRUCTION OF A 200 SQUARE FOOT SHED IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT LOCATED AT 12996 CORAL SEA COURT NE. (CASE FILE NO. 20-0013/SLK) Attachments: Attachments RES 20-77 (Denial Resolution) City Planner Johnson stated the Springbrook 2nd Addition development was approved in 2018 and the entire development has a zoning designation of DF (Development Flex). As you know, in the DF district, the City Council approves resolutions that include the standards for each development. Resolution 18-37 was approved by the city council for the Springbrook 2nd development. This resolution states that there shall be no detached accessory structures allowed in this development over 120 square feet. Ms. Johnson reported earlier this year, the city received a complaint regarding an accessory shed in Springbrook 2nd Addition. It was determined that the shed was 200 square feet in size. This makes the shed 80 square feet over the allowed square footage. Staff has given the homeowner the opportunity to bring a request forward that allows him to keep the shed at its current square footage. This request involves amending the original conditional use permit to allow for this shed at this square footage for this lot only. This process has been used in North Oaks West and other developments over the years, and more recently with this applicant when he lived in Shade Tree Cove Woods in 2016. He also did not receive a permit prior to construction in this instance. The shed is appropriately located in the rear yard. However, if this conditional use permit is granted, the applicant will need to demonstrate that proper setbacks are being met with the issuance of a building permit. The shed is not large enough to hold an automobile so it will more than likely only be used for personal storage of lawn equipment and other related items. She reviewed the comments made at the Planning Commission meeting noting the Planning Commission recommended the shed be no larger than 120 square feet and that the applicant be required to apply for a building permit. Mayor Ryan reported this was the second time this resident has installed a shed without seeking a building permit. He stated he supported the Planning Commission’s recommendation and encouraged the Council to hold this resident accountable and that he be required to follow the City’s building code. Councilmember Garvais agreed. He reported some discretion could be offered if a resident made an honest mistake, however this was Mr. Lund’s second direct violation of City building standards. He did not believe this shed was constructed by City of Blaine Page 8 City Council Minutes June 1, 2020 mistake and for this reason, he could not support a variance. Councilmember Swanson explained he supported the Planning Commission’s recommendation as well. Councilmember Robertson questioned if the setback verification was a responsibility of the property owner. Ms. Johnson reported this was the case. Councilmember Paul asked if there was anything that could be done to work with the property owner to work through the situation. He inquired if the property owner was in the meeting. Mayor Ryan reported an ordinance amendment would be required in order to allow the existing shed to remain in place. He indicated the Council has not supported changing the ordinance to allow for 200 square foot sheds. Councilmember Hovland stated he spoke with Mr. Lund and explained his neighbors supported the shed. He commented he did not have all of the information when he spoke to Mr. Lund and now understood this was the second time Mr. Lund had built a shed without receiving approval from the City. He believed that Mr. Lund should have known better. He stated he was not willing to support this blatant disregard for the rules. He feared that if the Council were to approve this request it would lead to other large shed requests. Steven Lund, 12996 Coral Sea Court NE, explained he has been a resident of Blaine for the past 18 years. He noted he has built four houses and has lived in two rentals in Blaine. He stated he was guilty for not pulling a permit for the shed. He indicated in his discussions with the builders he was told there was no restrictions in this neighborhood. He commented it was his understanding he was not building an oversized shed. He reported the shed was not located in the wetland and met all of the City’s setbacks. He requested the City allow him to keep the existing shed. He stated he was willing to take a punishment, such as a higher permit cost, but requested the shed be allowed. Mayor Ryan indicated Mr. Lund was charged a double building permit for the first shed he constructed without a permit and this should have been a learning moment, adding there are rules that need to be followed. Amy Lund, 12996 Coral Sea Court NE, explained she was new to this then commented she accepted full responsibility for not pulling a permit and was willing to pay a double permit fee. She indicated this would not happen again and stated she would be an advocate for the City to inform her neighbors that have been misinformed by the builders that sheds were allowed. She reported her family has City of Blaine Page 9 City Council Minutes June 1, 2020 been hit hard by COVID-19 as her husband was self-employed. She discussed the cost and stress on her family that would be caused by having to reduce the size of the shed. She added she just lost a family member to COVID-19 and while she understood there was a reason to hold her accountable, she was requesting forgiveness at this time. Mayor Ryan stated it would be costly to modify the shed, but he supported the property owner being held to the City’s rules and regulations. Rob Doar, 11027 Terrace Road NE, stated he was sympathetic with the property owner and their circumstances. However, he also respected the rules in place by the City. He commented he tried to install a natural prairie garden in his backyard and discovered ordinances against this. He explained before he does anything on his property he reviews City ordinance and follows through. He indicated this property owner, especially given his history with the City, should have been aware of the need to request a building permit. He understood that residents had to follow the rules and questioned if the Council could find a compromise, such as allowing all of the neighbors to sign off on the shed given the fact it was already in place. Councilmember Robertson reported she spoke to the homeowner and stated had this been his first violation, this may be understandable. However, given the fact this was the second time Mr. Lund had built a shed without receiving a permit from the City this was a different issue. She commented the City was not trying to punish Mr. Lund but rather was asking residents to follow the rules and guidelines in place. She was empathetic with Mr. Lund but believed the recommendation from the Planning Commission was fair and this was not something the City Council was going to tolerate. City Attorney Sweeney recommended the original motion be withdrawn and that a motion be made to adopt a resolution denying the Conditional Use Permit. Moved by Councilmember Robertson, seconded by Councilmember Paul, that Resolution No. 20-77, “Granting a Conditional Use Permit Amendment to Allow for the Construction of a 200 Square Foot Shed in a DF (Development Flex) Zoning District located at 12996 Coral Sea Court NE,” be approved. Moved by Councilmember Robertson, seconded by Councilmember Paul, to withdraw the motion on the floor. A roll call vote was taken. Motion adopted unanimously. Moved by Councilmember Robertson, seconded by Mayor Ryan, that Resolution No. 20-77, “Denying a Conditional Use Permit Amendment to Allow for the Construction of a 200 Square Foot Shed in a DF (Development Flex) Zoning District located at 12996 Coral Sea Court NE,” be approved. City of Blaine Page 10 City Council Minutes June 1, 2020 A roll call vote was taken. 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 TO CONSTRUCT A NEW 3,581 SQUARE FOOT VETERINARY CLINIC IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT LOCATED AT 12535 ULYSSES STREET NE. 7 ACRES LLC (MCHALE VETERINARY CARE) (CASE FILE NO. 20-0011/EES) Attachments: Attachments Ms. Johnson stated in 2002, Main Street Marketplace, the commercial area on the northwest corner of the Highway 65/Main Street interchange where Perkins and Bruegger’s Bagels are located, was approved. The development included four parcels, each with a separate building and interconnected parking between the buildings. The area was zoned DF, Development Flex, so the standards for the development were set by a conditional use permit. The northwestern parcel has remained vacant since that time, largely due to the small size and unique shape limiting the development that can occur on the site. At this time, a veterinarian is proposing to construct a 3,581 square foot clinic on the vacant parcel. It was noted consistent with the rest of the development, the proposed vet clinic will meet a 30 foot building setback and a 15 foot parking setback in the front yard. The other property lines are proposed for shared access and parking. This property is located within the Highway 65 Overlay District, therefore the material standards and increased landscaping requirements apply. The applicant is proposing an integrally colored burnished block, EIFS, and glass on all four sides of the building. Stone accents are also proposed. The proposed materials meet the requirements of the Highway 65 Overlay District. Signage requirements for the site were discussed with the Council. Staff commented further on the request and reported the Planning Commission unanimously recommended approval with conditions. Mayor Ryan stated he was pleased this property would be redeveloped and he was pleased the site lines would be addressed. Mr. Schluender reported staff would be working with the applicant to open up site lines. Councilmember Jeppson explained she was thrilled this property would be redeveloped. She indicated she was very concerned about the visibility leaving this parking lot. She trusted that staff would be able to work through this with the applicant. Councilmember Hovland commented this was a difficult site and he was pleased City of Blaine Page 11 City Council Minutes June 1, 2020 this property was being redeveloped. He recommended the oversized trees be eliminated and that flowerbeds be allowed in order to improve the site lines. Councilmember Garvais agreed with Councilmember Jeppson. He was pleased the site lines would be addressed because this intersection has been a concern for some time. Dr. Bill McHale, 15760 Killdeer, introduced himself to the Council and stated he was excited to become a member of the Blaine business community. He noted he has been working with the watershed district in order to make the property workable. Moved by Mayor Ryan, seconded by Councilmember Swanson, that Resolution No. 20-78, “Granting a Conditional Use Permit to Construct a New 3,581 Square Foot Veterinary Clinic in a DF (Development Flex) Zoning District located at 12535 Ulysses Street NE,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul 11.-3 GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A PET DAYCARE, BOARDING AND GROOMING FACILITY, AND SHARED PARKING ACCESS IN A B-2 (COMMUNITY COMMERCIAL) ZONING DISTRICT, LOCATED AT 9983 ULYSSES STREET NE. BLAINE RENTALS LLC (PETSUITES) (CASE FILE NO. 20-0015/LSJ) Attachments: Attachments Ms. Johnson stated PetSuites is proposing to locate a new facility immediately north of QC Dance (former Space Aliens) on Ulysses Street, which is north of the intersection of 99th Avenue and Highway 65. PetSuites is a pet resort for both dogs and cats. Services to be provided at the facility include boarding, daycare, grooming and training. This use is classified as a conditional use (domestic indoor kennel and training facility) in the B-2 (Community Commercial) zoning district. The hours of operation are from 6:30AM to 8PM, 7 days a week except for all major holidays. Holiday hours are from 7AM to 7PM. Most of the PetSuites activities are conducted indoors. There is an outdoor exercise area that is fully screened and constantly supervised by highly trained staff. Dogs are kept indoors between the hours of 7:30PM and 7AM. Dogs are under the supervision of trained employees at all times when they are outside in the play area. As stated earlier, PetSuites has boarding, day care, grooming and training offerings and services both dogs and cats. City of Blaine Page 12 City Council Minutes June 1, 2020 Ms. Johnson explained the proposed building is 11,000 square feet in size. The site will be accessed via Ulysses Street on the west. A portion of the parking area for this site was already constructed and installed when the site to the south was originally developed for a Space Aliens restaurant. A total of 55 parking stalls are required for this size of building. The applicant is proposing to construct and/or use 32 total stalls for their use. A proof of parking plan has been provided that indicates, if the building were to be reused for any other retail type of use, where an additional 24 parking spaces could be provided. Staff is amenable to allowing the reduced parking stall construction given the proof of parking plan that meets all parking requirements on site. Since the site has a shared parking area and access with the site to the south, a copy of the shared access and parking agreement must be submitted to the city prior to any permits being issued for the site. It was noted the Highway 65 corridor was being studied by MnDOT at this time. Staff commented further on the request and noted the Planning Commission voted unanimously to recommend approval of the Conditional Use Permit. Civil Engineer Trish Sieh, Kimley Horn, stated she was a representative for PetSuites. She thanked staff for the thorough staff report and explained PetSuites was looking forward to opening a site in the City of Blaine. Mayor Ryan reported this was a much needed service in the community. Moved by Councilmember Hovland, seconded by Councilmember Garvais, that Resolution No. 20-79, “Granting a Conditional Use Permit to Allow for the Construction of a Pet Daycare, Boarding and Grooming Facility, and Shared Parking Access in a B-2 (Community Commercial) Zoning District located at 9983 Ulysses Street NE,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul 11.-4 GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION OF A 9,156 SQUARE FOOT CONVENIENCE STORE IN A PBD (PLANNED BUSINESS DISTRICT) LOCATED AT 109TH AVENUE NE AND AUSTIN STREET NE. LEXINGTON MEADOWS LLC (KWIK TRIP) (CASE FILE NO. 20-0008/LSJ) Attachments: Attachments Ms. Johnson stated Kwik Trip is proposing to locate on the southwest corner of Austin Street and 109th Avenue NE. The site is zoned PBD (Planned Business District) and will require a conditional use permit to allow a gas station/convenience store in this City of Blaine Page 13 City Council Minutes June 1, 2020 zoning district. The site is guided in the comprehensive plan as PI/PC (Planned Industrial/Planned Commercial). The proposed convenience store is a 9,156 square foot building. The building includes a carwash on the west side of the building. All setbacks have been met for this site. Site access will be located on Austin Street. The site will share an access with the Legends of Blaine, the senior housing development to the south of this site. In fact, this access is currently in place as Dominium included this shared access with their previous zoning applications with the city. Staff commented further on the request and noted the Planning Commission recommended approval with conditions. Councilmember Robertson asked what the City’s input can be regarding a business use when their request matches the land use. Ms. Johnson explained the City has a Zoning Map that places a zoning designation on each piece of property in Blaine and within each of these districts there are permitted and conditional uses. She reported these uses have to fit in with what is allowed in the zoning district. She commented the City does not control which uses come in but rather this was driven by the market. Councilmember Robertson questioned when this Kwik Trip would be constructed. Dean George, Kwik Trip representative, reported this location would not be built until the summer of 2022. Mayor Ryan stated Kwik Trip has been a good business in the City of Blaine and noted this would be the sixth Kwik Trip in the community. Moved by Councilmember Swanson, seconded by Councilmember Paul, that Resolution No. 20-80, “Granting a Conditional Use Permit to Allow for the Construction of a 9,156 Square Foot Convenience Store in a PBD (Planned Business District) located at 109th Avenue NE and Austin Street NE,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul 11.-5 GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR AN EXPANSION OF THE GARDEN CENTER AND CONSTRUCTION OF ADDITIONAL OUTDOOR SALES AREAS IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT, LOCATED AT 4550 PHEASANT RIDGE DRIVE NE. HOME DEPOT USA, INC. (CASE FILE NO. 20-0014/EES) Attachments: Attachments City of Blaine Page 14 City Council Minutes June 1, 2020 Ms. Johnson stated Home Depot has applied for a conditional use permit amendment, at the request of staff, to allow for the construction of several permanent structures to contain storage of additional items. Additionally, Home Depot has already executed temporary solutions for the 2020 summer season involving temporary black fencing in the location of the proposed garden center expansion. If this CUP application is approved, this temporary solution may remain as containment for the outdoor display until June 1, 2021 (one year from the approval). After that date, all outdoor storage and display must be contained as described in this report, unless an extension is granted by the city council. An expansion of the garden center is proposed to the west of the existing garden center, eliminating the existing row of parking in that area. This expansion will match the existing garden center with wrought iron fencing and brick columns. Ms. Johnson commented Home Depot sells a lot of mulch in the spring out of this location and storage of sufficient stock to meet demand has been a challenge. In previous summers, mulch storage had occurred in parking spots throughout the parking lot. A drive-thru area for mulch is proposed in the western portion of the parking lot. The submitted renderings show a wrought iron fence similar to the garden center around the drive-thru. Since the goal of the structures is to contain and screen the storage, a condition of approval is using a solid fencing material, such as a black composite fencing product, with the brick columns. Lastly, storage cages have existed on the rear of the building since the building was built. The cages are not configured in a manner that optimizes their use. The proposed plans show a reconfiguration of the cages to allow more storage on the rear of the building. Staff reported the Planning Commission reviewed this matter and recommended approval of the Conditional Use Permit with conditions. Mayor Ryan stated Home Depot has been a terrific business in Blaine. Councilmember Robertson commented she was pleased that this business was thriving in the community. Moved by Councilmember Hovland, seconded by Councilmember Robertson, that Resolution No. 20-81, “Granting a Conditional Use Permit to Allow for an Expansion of the Garden Center and Construction of Additional Outdoor Sales Areas in a DF (Development Flex) Zoning District located at 4550 Pheasant Ridge Drive NE,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul 11.-6 GRANTING FINAL PLAT APPROVAL TO SUBDIVIDE 174 ACRES INTO 129 LOTS AND 10 OUTLOTS TO BE City of Blaine Page 15 City Council Minutes June 1, 2020 KNOWN AS NORTH MEADOWS, LOCATED AT LEXINGTON AVENUE NE AND 109TH AVENUE NE. ALLIANCE BANK (WELLINGTON MANAGEMENT, INC.) (CASE FILE NO. 19-0043) Attachments: Attachments Ms. Johnson stated Wellington Management, Inc. has requested approval for the development of land north of 109th Avenue at the Austin Street alignment. The City Council approved a preliminary plat, rezoning and conditional use permit for this project, known as North Meadows, on April 20, 2020 that included 258 lots on 174 acres. The majority of the lots will be residential lots of varying types, with three of the lots planned for commercial/industrial uses in the future. Lennar is the proposed home builder within this plat. At this time, the applicant wishes to final plat a portion of the residential lots. The final plat includes 129 lots and 10 outlots. There are 35 villa home lots, 28 twinhome lots and 65 townhome lots included in the final plat. The common lot for the townhomes is also included. The ten outlots in the plat will be used in the future for more residential development or for storm water and ponding purposes. Ms. Johnson reported Outlot A is being proposed as a trail access location to the Wetland Sanctuary on City owned property immediately north of the single family lots being proposed. At the Blaine City Council workshop on May 11, 2020, the Council indicated their desire to relocate this outlot to Lot 1, Block 1 of the final plat. A trail access and a 13-stall parking lot should be located in this outlot, and trees and fencing shall be located on the north property line of this outlot. Outlot A can be converted to another villa home lot on the final plat mylars. The City is requesting that the developer deed Outlot A to the city with no credit for park dedication fees based on the value of this land. The city is also requesting that the developer construct all of the above listed improvements at the time of development, and the city will give the developer park dedication credit for the cost of the improvements only. Details have not been finalized on these costs at this time, but this arrangement will be fully detailed in the development agreement associated with this plat. It should also be noted that this construction will need a permit from the Rice Creek Watershed District, which will be a separate permit from the overall grading and site development permit. Staff commented further on the request and recommended approval of the Final Plat with conditions. Moved by Mayor Ryan, seconded by Councilmember Jeppson, that Resolution No. 20-82, “Granting Final Plat Approval to Subdivide 174 Acres into 129 Lots and 10 Outlots to be known as North Meadows located at Lexington Avenue NE and 109th Avenue NE,” be approved. A roll call vote was taken. Motion adopted unanimously. City of Blaine Page 16 City Council Minutes June 1, 2020 Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul -THE FOLLOWING ITEM WAS REMOVED BY THE APPLICANT PRIOR TO THE MEETING 11.-7 GRANTING FINAL PLAT APPROVAL TO SUBDIVIDE SIX (6) ACRES INTO ONE LOT AND ONE OUTLOT TO BE KNOWN AS LEXINGTON MEADOWS 3RD ADDITION LOCATED AT 108TH AVENUE NE AND LEXINGTON AVENUE. LEXINGTON MEADOWS LLC (CASE FILE NO. 20-0017/LSJ) This item was removed by the applicant prior to the meeting. 12. ADMINISTRATION 12.-1 ACCEPT BID FROM DRESEL CONTRACTING INC. IN THE AMOUNT OF $1,698,779.53 FOR THE 2020 STREET RECONSTRUCTIONS - AREA 2, 132ND LANE/TAYLOR STREET RECONSTRUCTION, IMPROVEMENT PROJECT NO. 19-18 AND UNIVERSITY AVENUE RECONSTRUCTION, IMPROVEMENT PROJECT NO. 19-22 Attachments: Location Map Mr. Schluender stated bids were received electronically through Quest V-Bid for Project Nos. 19-18 and 19-22. A total of 10 bids were received ranging from $1,698,779.53 to $2,312,392.00. The engineer's estimate for construction and three lowest bids were reviewed with the Council. Bids have been checked and tabulated, and it has been determined that Dresel Contracting Inc. of Chisago City, Minnesota is the lowest bidder. The Engineering Department has worked with Dresel Contracting Inc. on previous contracts. Staff recommends the low bid be accepted and a contract entered into with Dresel Contracting Inc. City Council is also asked to approve a 10% contingency to bring the total project budget to $1,868,660.00. The funding source for this project is assessments and the City Pavement Management Program fund, and there are sufficient funds to cover these costs. Mayor Ryan stated he was pleased to see the City received such a favorable bid for this project. Councilmember Swanson asked if the Council should be concerned that the bids came in so much lower than the engineer’s estimate. Mr. Schluender stated this was due in part to the city engineer providing a conservative estimate and the fact City of Blaine Page 17 City Council Minutes June 1, 2020 that there was an aggressive bidding market. Moved by Mayor Ryan, seconded by Councilmember Robertson, that Resolution 20-84, “Accept Bid from Dresel Contracting Inc. in the Amount of $1,698,779.53 for the 2020 Street Reconstructions – Area 2, 132nd Lane/Taylor Street Reconstruction,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul 12.-2 APPROVE RESOLUTION IN SUPPORT OF A PROJECT TO CONSTRUCT A WEST FRONTAGE ROAD ALONG TRUNK HIGHWAY 65 BETWEEN 99TH AVENUE AND 105TH AVENUE Public Works Director Haukaas stated the City of Blaine is submitting an application for funding under the Minnesota Department of Transportation (MnDOT) Metro State Aid Local Partnership Program (LPP). The LPP program exists to help fund projects that deliver a benefit to both the local community and the trunk highway system. The purpose of the program is to address problems on the trunk highway system that are of concern to local agencies but are typically not large-scale or critical enough that they are directly selected as projects in the regular MnDOT road program. The proposed funding currently available for FY 2022 is $3 million. The maximum award available for any individual project is $710,000 which can include up to 8% for construction engineering. Staff reported Trunk Highway 65 (TH 65) in the city of Blaine is a 4-lane divided principal arterial with 40,000 to 60,000 vehicles per day in an area that is primarily residential/retail. Previous studies in the area have identified safety and operational deficiencies along TH 65 and proposals have been made to convert TH 65 to a controlled-access freeway system. The February 2017 Principal Arterial Intersection Conversion Study (PAICS) showed all of the at-grade intersections in the city as "high needs" within the proposed study area. With the realization that funding for a full freeway conversion would be prohibitively expensive, it became necessary to revise the corridor vision by exploring safety and mobility improvements that consider low-cost, high-impact improvements. Improvements will need to work well both independently and together as a whole. Moved by Councilmember Hovland, seconded by Councilmember Paul, that Resolution 20-85, “Approve Resolution in Support of a Project to Construct a West Frontage Road Along Trunk Highway 65 Between 99th Avenue and 105th Avenue,” be approved. A roll call vote was taken. Motion adopted unanimously. City of Blaine Page 18 City Council Minutes June 1, 2020 Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul 12.-3 RESOLUTION IN SUPPORT OF LOCAL BUSINESSES Mayor Ryan stated the proposed resolution was drafted in response to Council discussion during the emergency meeting on May 26. Council members indicated a desire to demonstrate support for ongoing business operations and encourage the easing of state-restrictions. Councilmember Robertson thanked the City Attorney for his assistance with this resolution. City Attorney Sweeney thanked Councilmember Robertson and noted Attorney Chris Nelson had assisted with this resolution. Moved by Councilmember Robertson, seconded by Councilmember Hovland, that Resolution 20-86, “Resolution In Support of Local Businesses,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul 12.-4 EXTENDING THE PERIOD OF A MAYOR-DECLARED LOCAL EMERGENCY IN RESPONSE TO THE COVID-19 PANDEMIC Attachments: Declaration of Local Emergency Emergency Declaration Chart Ms. Wolfe stated staff is requesting the extension of the declaration of a state of local emergency declared by the Mayor on March 13, 2020, and extended by Council on March 16 in response to the COVID-19 pandemic and the resulting peacetime state of emergency declared by Governor Walz. The Mayor originally declared an emergency on March 13. Council extended the declaration on March 16, April 6, and May 4. Per Sec. 30-36 - Emergency regulations, declarations expire at the end of 30 days after the effective date. The declaration was last extended May 4 and is being brought forward for review and consideration prior to expiration on June 4. Several discussions have occurred regarding the declaration of local emergency. Staff commented on a chart that outlines the major functions of an emergency order and attempts to describe possible impacts if the declaration is not extended. This chart was prepared with input and review by the City Attorney and Emergency Management Director. Mayor Ryan stated he was struggling with this. He believed the City of Blaine needed to get back to normal operations, but he also understood employees had to City of Blaine Page 19 City Council Minutes June 1, 2020 be protected. Councilmember Garvais commented on what this extension does and does not do. He reported the emergency declaration allows the City to continue holding virtual meetings by Zoom which was beneficial given the fact residents may not feel comfortable going out at this time. Councilmember Swanson asked if the declaration covered virtual meetings. Ms. Wolfe reported government meetings were not subject to the 10 person rule. She explained the extension of the declaration allows for virtual meetings to continue. City Attorney Sweeney advised the City can slowly work back to in-person meetings. He encouraged the Council to not rush this. He stated if Councilmembers were comfortable with being at City Hall for meetings, this could be done and for those Councilmembers that would like to remain at home, this could be done. Councilmember Paul commented it would take the Council some time to learn to speak with masks on during City meetings. He indicated the number of Councilmembers at City Hall could be small while other Councilmembers remain at home. Mayor Ryan anticipated the country would not see a vaccine until the end of the year or early 2021. He stated he would like to see the City slowly returning to some sort of normalcy. Councilmember Jeppson explained holding a Zoom meeting was one option for the Council to meet at this time and noted the Council could also begin meeting at City Hall. She reported there were far greater issues within the emergency declaration that some people may have. She did not understand why this conversation was being held when the Council could be back at City Hall with or without the declaration. Councilmember Garvais questioned if Zoom meetings could be held without the emergency declaration. City Attorney Sweeney reported if the Council wanted to get back in the Chambers this was fine, however, the Council could also continue meeting via Zoom. Ms. Wolfe clarified Zoom meetings were only available under an emergency declaration. City Attorney Sweeney commented at least one member of staff or the City Council has to be present at City Hall at this time. He encouraged the Council to extend the emergency declaration in order to allow meetings to continue via Zoom. City of Blaine Page 20 City Council Minutes June 1, 2020 Mayor Ryan stated he would like to move towards opening City Hall, even if he had to be the only person there. Councilmember Robertson asked if the Council removed the emergency declaration could City meetings still be held via Zoom. City Attorney Sweeney encouraged the Council to extend the emergency declaration and to not rush back into in-person meetings. He explained staff would have to figure out how to logistically separate people to meet proper social distancing requirements. Councilmember Garvais questioned when this extension would end. Mayor Ryan reported the extension would end on June 6. Councilmember Swanson stated he did not want to force City Boards and Commissioners back to in-person meetings. He recommended the emergency declaration be extended to Tuesday, June 9 and that staff provide the Council with further information on what other cities were doing at the Monday, June 8 workshop. Councilmember Garvais suggested the extension run through June 16. He agreed the Council needed some clarification as to what other cities were doing. Mayor Ryan stated he could support the extension running through June 16. Councilmember Paul supported staff providing the Council with additional information on what neighboring cities were doing. Moved by Councilmember Swanson, seconded by Councilmember Garvais, that Resolution 20-87, “Extending the Period of a Mayor-Declared Local Emergency in Response to the COVID-19 Pandemic,” be approved. Substitute motion by Councilmember Swanson, seconded by Councilmember Garvais, to extend the Emergency Declaration Order through June 16, 2020 allowing staff time to bring additional information to the Council on how other cities were managing city functions and meetings. A roll call vote was taken. Motion adopted 6-1 (Councilmember Robertson opposed) Aye: 6 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais and Councilmember Paul Nay: 1 - Councilmember Robertson 13. OTHER BUSINESS Ms. Sorensen reported she checked the lobby and staff received one written objection to the Lever Street assessments from Robert and Janet Pearson at 4825 103rd Lane. City of Blaine Page 21 City Council Minutes June 1, 2020 14. ADJOURNMENT Moved by Councilmember Hovland, seconded by Councilmember Jeppson, to adjourn the meeting at 10:02 p.m. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Mayor Ryan, Councilmember Swanson, Councilmember Hovland, Councilmember Jeppson, Councilmember Garvais, Councilmember Robertson and Councilmember Paul City of Blaine Page 22