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 February 1. Public comment will also be taken during the meeting remotely via Zoom. Members of the public can join the Zoom webinar at, https://blainemn.zoom.us/j/95650667201 Monday, December 21, 2020 7:30 PMto the COVID-19 pandemic, city meetings will be held as Due virtual meetings until further notice. 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. Due to the COVID-19 pandemic this hybrid 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; Deputy Police Chief Dan Szykulski; Finance Director Joe Huss; Public Services Manager/Assistant City Manager Bob Therres; City Attorney Chris Nelson; City Engineer Dan Schluender; Water Resources Manager Rebecca Haug; Recreation Manager Nate Monahan; Communications Technician Roark Haver; Communications Manager Ben Hayle; Budget/Fiscal Analyst Ward Brown; Human Resources Director Cassandra Tabor; and City Clerk Catherine Sorensen. City of Blaine Page 1 City Council Minutes December 21, 2020 Present: 4 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson and Councilmember Paul 4. APPROVAL OF MINUTES 4.-1 RECENTLY HELD MEETINGS Attachments: 12-07-20 Workshop Minutes 12-07-20 Council Minutes Moved by Councilmember Swanson, seconded by Councilmember Robertson, that the Minutes of Workshop Meeting of December 7, 2020, and the Minutes of the Regular Meeting of December 7, 2020 be approved. A roll call vote was taken. Motion adopted. Councilmember Hovland abstained on the December 7, 2020 Workshop and Regular meeting minutes due to his absence. Aye: 6 - Ryan, Swanson, Councilmember Jeppson, Garvais, Councilmember Robertson and Councilmember Paul Abstain: 1 - Councilmember Hovland 5. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS 5.-1 RESOLUTION IN APPRECIATION TO MAYOR TOM RYAN Mayor Pro Tem Jeppson stated she was honored to present this item. She read a Resolution of Appreciation in full for the record and thanked Mayor Ryan for his diligent and dedicated service to the City of Blaine for the past 34 years. Mayor Ryan thanked the residents of Blaine for their support over the past 34 years. He stated he appreciated all of the Council and staff members that he has worked with over the years. He encouraged the City Council to continue working together to keep Blaine moving forward in the right direction. Councilmember Hovland explained he appreciated the long-range planning and approach the Council took in order to accomplish tasks for the city. Councilmember Paul thanked Mayor Ryan and Councilmember Swanson for always being willing to help him. He appreciated the sense of teamwork the City Council had and he looked forward to continuing to learn more about the City of Blaine and offered his blessings on both. Moved by Councilmember Hovland, seconded by Councilmember Robertson, that Motion 20-182, “Resolution in Appreciation to Mayor Tom Ryan,” be approved. A roll call vote was taken. Motion adopted unanimously. City of Blaine Page 2 City Council Minutes December 21, 2020 Aye: 7 - Ryan, Swanson, Councilmember Hovland, Councilmember Jeppson, Garvais, Councilmember Robertson and Councilmember Paul 5.-2 RESOLUTION IN APPRECIATION TO COUNCILMEMBER DICK SWANSON Mayor Pro Tem Jeppson read a Resolution of Appreciation in full for the record and thanked Councilmember Swanson for his loyal and faithful service to the City of Blaine. Councilmember Swanson thanked City staff for the Resolution and thanked the residents of Blaine for allowing him to serve. Moved by Councilmember Hovland, seconded by Councilmember Robertson, that Motion 20-183, “Resolution in Appreciation to Councilmember Dick Swanson,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Ryan, Swanson, Councilmember Hovland, Councilmember Jeppson, Garvais, Councilmember Robertson and Councilmember Paul 5.-3 RESOLUTION IN APPRECIATION TO COUNCILMEMBER ANDY GARVAIS Mayor Pro Tem Jeppson read a Resolution of Appreciation in full for the record and thanked Councilmember Garvais for his dedicated service to the City of Blaine. Councilmember Garvais thanked the city for this recognition. He stated it had been an honor and privilege to have served the city for the past four years and to have served alongside the great staff and Councilmembers. Councilmember Paul thanked Councilmember Garvais for his service to the community. Moved by Councilmember Hovland, seconded by Councilmember Robertson, that Motion 20-184, “Resolution in Appreciation to Councilmember Andy Garvais,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Ryan, Swanson, Councilmember Hovland, Councilmember Jeppson, Garvais, Councilmember Robertson and Councilmember Paul 5.-4 ACCEPT DONATIONS TO THE BLAINE POLICE DEPARTMENT Deputy Police Chief Szykulski stated the police department has received many donations from members of the community as well as local businesses. He thanked the community for their tremendous show of support for the Blaine Police Department. The list of donations was reviewed with the Council. City of Blaine Page 3 City Council Minutes December 21, 2020 Moved by Councilmember Hovland, seconded by Councilmember Jeppson, that Motion 20-185, “Accept Donations to the Blaine Police Department,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Ryan, Swanson, Councilmember Hovland, Councilmember Jeppson, Garvais, Councilmember Robertson and Councilmember Paul 6. COMMUNICATIONS Communications Manager Hayle recognized Communications Technician Roark Haver for his years of dedicated service recording televised meetings for the City of Blaine, stating that North Metro TV would be taking over this responsibility effective in 2021. Mayor Ryan thanked Mr. Haver for the great work he has done on behalf of the City of Blaine. 7. OPEN FORUM FOR CITIZEN INPUT Mayor Ryan opened the Open Forum at 7:55PM. Rob Doar, 11027 Terrace Road NE, thanked Mayor Ryan, Councilmember Garvais and Councilmember Swanson for their years of service to the City of Blaine. He stated he was proud to call Blaine his home. There being no input, Mayor Ryan closed the Open Forum at 7:56PM. 8. ADOPTION OF AGENDA The agenda was adopted as presented. 9. APPROVAL OF CONSENT AGENDA: Moved by Councilmember Hovland, seconded by Councilmember Garvais, that the following be approved: A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Ryan, Swanson, Councilmember Hovland, Councilmember Jeppson, Garvais, Councilmember Robertson and Councilmember Paul 9.-1 SCHEDULE OF BILLS PAID City of Blaine Page 4 City Council Minutes December 21, 2020 Attachments: November 2020 Payroll Checks and Wire Transfers 12/04/2020 Bills Paid 12/04/2020 Bills Paid - Subset 12/11/2020 Bills Paid 12/11/2020 Bills Paid - Subset Approved 9.-2 SECOND READING AMENDING APPENDIX D - FEE SCHEDULE OF THE MUNICIPAL CODE OF THE CITY OF BLAINE Attachments: 2021 Fee Schedule Adopted 9.-3 APPROVING THE 2021 COMPENSATION PLAN Attachments: 2021 Compensation Plan Adopted 9.-4 PROPOSED LEAVE POLICY EXTENSION FOR 2021 IN RELATION TO COVID-19 Attachments: Preparedness Plan Policy Extension Approved 9.-5 RELEASING OUTLOT A, THE SANCTUARY 9TH ADDITION, FROM RECORDED DEVELOPMENT AGREEMENTS (CASE FILE NO. 20-0002/LSJ) Attachments: Attachments Adopted City of Blaine Page 5 City Council Minutes December 21, 2020 9.-6 APPROVE OUTSTANDING 2021 ANNUAL LICENSE RENEWALS Approved 9.-7 APPROVE A TOBACCO AND TOBACCO PRODUCTS LICENSE FOR SPEEDWAY DBA SPEEDY GAS, 8550 LEXINGTON AVENUE NE Approved 9.-8 2021 AGREEMENT FOR RESIDENTIAL RECYCLING PROGRAM WITH ANOKA COUNTY Attachments: Agreement Approved 10. 7:30 P.M. - PUBLIC HEARING AND ITEMS PUBLISHED FOR A CERTAIN TIME 10.-1 ADOPT 2021 TAX LEVIES Finance Director Huss stated Council conducted a public hearing for the proposed 2021 General Fund budget and proposed property tax levy on December 14. Pursuant to statutory requirements, a public hearing is again scheduled for tonight at which the City Council will again consider public input and adopt a final levy. The first item of action will be to adopt the 2021 tax levy. The resolution reflects the tax levy that Council directed be brought forth for consideration at the December 14, 2020 public hearing. Staff commented further on the proposed tax levy and recommended approval. Mayor Ryan opened the public hearing at 8:00PM. There being no public input, Mayor Ryan closed the public hearing at 8:01PM. Moved by Councilmember Paul, seconded by Councilmember Jeppson, that Resolution 20-188, “Adopt 2021 Tax Levies,” be approved. A roll call vote was taken. Motion adopted 6-1 (Councilmember Robertson opposed). Aye: 6 - Ryan, Swanson, Councilmember Hovland, Councilmember Jeppson, Garvais and Councilmember Paul Nay: 1 - Councilmember Robertson 10.-2 ADOPT THE 2021 GENERAL FUND BUDGET Mr. Huss stated Council conducted a public hearing for the proposed 2021 City of Blaine Page 6 City Council Minutes December 21, 2020 General Fund budget and proposed property tax levy on December 14. Pursuant to statutory requirements, a public hearing is again scheduled for tonight at which the City Council will consider public input and adopt a final budget. The following resolution reflects the budget as discussed at the December 14 public hearing. No adjustments have been made and the budget as presented herein is recommended for adoption. Staff commented on the process that was followed for the 2021 General Fund budget and recommended approval. Mayor Ryan opened the public hearing at 8:04PM. There being no public input, Mayor Ryan closed the public hearing at 8:05PM. Mayor Ryan thanked City Manager Wolfe, Mr. Huss and Budget/Fiscal Analyst Brown for their work on the General Fund budget and tax levy. Mr. Huss thanked Mayor Ryan and Councilmember Swanson for strong leadership they have demonstrated over the years. Moved by Mayor Ryan, seconded by Councilmember Swanson, that Resolution 20-189, “Adopt the 2021 General Fund Budget,” be approved. A roll call vote was taken. Motion adopted 6-1 (Councilmember Robertson opposed). Aye: 6 - Ryan, Swanson, Councilmember Hovland, Councilmember Jeppson, Garvais and Councilmember Paul Nay: 1 - Councilmember Robertson 11. DEVELOPMENT BUSINESS 11.-1 DENYING A VARIANCE FOR AN ADDITIONAL 700 SQUARE FEET OF ACCESSORY BUILDING SPACE OVER THE ALLOWED 1,200 SQUARE FEET WITH A CONDITIONAL USE PERMIT LOCATED AT 8631 BALTIMORE STREET NE. MATTHEW MERRITT (CASE FILE NO. 20-0041/EES) Attachments: Attachments PC Unapproved Minutes 120820 Additional Public Comments Applicant Comments City Planner Johnson stated the property is located in the R-1 single family zoning district which allows up to 1,000 square feet of combined garage and accessory building space, or 1,200 square feet with a conditional use permit. The property has an existing home and a 988 square foot detached garage. The applicant recently had a garage fire and in rebuilding/repairing the garage, wants to expand it. The City of Blaine Page 7 City Council Minutes December 21, 2020 applicant is requesting a conditional use permit and variance to allow an addition to the garage for a total garage size of 1,900 square feet. At this time, the property has several code violations. The applicant currently does not have full use of the garage, however aerial photos show the code violations were occurring prior to the garage fire. The violations were reviewed in detail with the Council. Ms. Johnson explained variances must meet a strict set of criteria to be granted, and approval of variances establishes a precedent for the granting of future variances in similar situations. Variances may only be granted when strict compliance with the code creates a practical difficulty and specific criteria are met. The zoning code defines practical difficulty as occurring when the property in question “cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to his property not created by the landowner, and the variance, if recommended, will not alter the essential character of the locality.” Ms. Johnson reported the applicant has suggested that the larger than typical lot size should be considered in his request. While the lot is larger than the minimum lot size of the R-1 (Single Family) zoning district at 0.9 acres, it is similar in size to several lots in this neighborhood. In other words, the size of the lot is not unique in this area. In the City, there are 182 lots zoned R-1 currently occupied by single family homes of the same size as the subject property or larger, many of which are wooded lots and have similar lawn care demands. By granting a variance on this basis, the City is establishing a precedent that opens the possibility of similar requests on many other properties. It was noted the applicant was well liked by the neighbors and had nine letters of support from the neighbors. Staff commented further on the request, reviewed the denial rationale and reported the Planning Commission recommended denial of the variance. Councilmember Swanson stated he was very familiar with this neighborhood and feared if this request were granted, other requests would occur. He recommended the Council hold to the R-1 zoning standards. Councilmember Garvais agreed stating approval of this request would erode the zoning code. Councilmember Paul supported the motion for denial. Matt Merritt, 8631 Baltimore Street NE, explained he would not be operating a business out of his garage. He reported he was in the IT field and volunteers three nights a week. He stated he would not be venturing out to start a business from his home. He discussed the hardships on his property and commented on the varying aesthetics of his Laddie Lake neighborhood. He noted his home was one of the City of Blaine Page 8 City Council Minutes December 21, 2020 oldest in the neighborhood as it was built in the 1940s. He commented on the large items being stored in his neighborhood and explained there were a number of large garages already in place. He did not believe his requested garage would change the aesthetics of the neighborhood. He discussed the number of trees on his lot and reported he has purchased large riding lawnmowers and other equipment to assist with maintaining his yard. He explained he has a shared driveway which made snow removal tricky. He noted he recently purchased a small farm tractor to assist with leaf and snow removal. He stated another hardship on his property was that his home had no basement, which meant he had no storage. He requested the Council approve his request in order to allow him to store his yard equipment indoors. He did not understand why his request was being denied when other requests have been approved. He thanked the Council for hearing his concerns and for their consideration. He reported if his garage request was not approved, he would consider selling. City Attorney Nelson clarified that the motion on the floor was for denial of the variance. Councilmember Hovland stated a number of years ago the Council discussed the amount of garage square footage that was permissible and this number was increased. He understood the residents had more cars and equipment than they used to. In addition, larger garages helped residents to store their equipment indoors and out of sight. He reported there were a number of lots in this neighborhood that had large garages. He noted the applicant had a larger lot and for this reason he would be inclined to support the variance request. He stated he would rather see Mr. Merritt’s equipment stored indoors versus outdoors. Mayor Ryan commented he understood the need explaining he had a two acre yard. However, he reported he had built a garage to the City’s standards and stores all of his equipment indoors. He feared that if this were approved there would be no end to residents making requests. Moved by Councilmember Swanson, seconded by Mayor Ryan, that Resolution No. 20-190, “Denying a Variance for an Additional 700 Square Feet of Accessory Building Space for the Allowed 1,200 Square Feet with a Conditional Use permit located at 8631 Baltimore Street NE,” be approved. A roll call vote was taken. Motion adopted 6-1 (Councilmember Hovland opposed). Aye: 6 - Ryan, Swanson, Councilmember Jeppson, Garvais, Councilmember Robertson and Councilmember Paul Nay: 1 - Councilmember Hovland 11.-2 GRANTING A CONDITIONAL USE PERMIT TO ALLOW UP TO 1,200 SQUARE FEET OF GARAGE AND City of Blaine Page 9 City Council Minutes December 21, 2020 ACCESSORY BUILDING SPACE IN AN R-1 (SINGLE FAMILY) ZONING DISTRICT LOCATED AT 8631 BALTIMORE STREET NE. MATTHEW MERRITT. (CASE FILE NO. 20-0041/EES) Ms. Johnson stated conditional use permits are often requested to expand garages or build additional detached garages. The City generally uses the conditional use permit process to apply conditions to ensure that the garage is designed in a manner appropriate for the neighborhood and will not be used for a home based business. Staff recommends approval of the conditional use permit with the standard conditions applied to similar applications in the past as well as a few conditions to address zoning and property maintenance code violations existing on the property. Those conditions establish a timeline to remove outside storage and vehicles parked in the back yard and addresses an issue of access to the garage over an unpaved surface. Staff commented further on the request and noted the Planning Commission recommended approval of the CUP. Moved by Councilmember Swanson, seconded by Councilmember Hovland, that Resolution No. 20-191, “Granting a Conditional Use Permit to Allow up to 1,200 Square Feet of Garage and Accessory Building Space in an R-1 (Single Family) Zoning District located at 8631 Baltimore Street NE,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Ryan, Swanson, Councilmember Hovland, Councilmember Jeppson, Garvais, Councilmember Robertson and Councilmember Paul 11.-3 GRANTING A CONDITIONAL USE PERMIT FOR 2,629 SQUARE FEET OF OUTDOOR RESTAURANT SEATING IN A B-3 (REGIONAL COMMERCIAL) ZONING DISTRICT LOCATED AT 76 NORTHTOWN DRIVE NE. GLIMCHER REALTY TRUST (WAGON WHEEL SALOON / JDA DESIGN ARCHITECTS INC.) (CASE FILE NO. 20-0042/EES) Attachments: Attachments PC Unapproved Minutes 120820 Ms. Johnson stated the applicant is proposing to operate a restaurant/bar in an existing 3,026 square foot building on the Northtown Mall property. The building was most recently occupied by Buffalo Wild Wings, but has been vacant since Buffalo Wild Wings moved to its new location at Victory Village. The applicant is proposing to construct a new 2,629 square foot patio with 68 seats on the grassy area in front of the existing restaurant building. Five existing parking stalls will be removed to construct the patio. Those stalls include three accessible stalls which must be relocated as required by the Minnesota Accessibility Code. The floor plan of the inside of the restaurant has not been finalized, but the applicant has provided City of Blaine Page 10 City Council Minutes December 21, 2020 a breakdown of the space by dining, kitchen, and bar area to demonstrate parking demand. The outdoor dining will require 26 spaces while the indoor area will require 31 spaces for a total of 57 required spaces. The 87 spaces in the parking lot around the building are more than adequate for the use, and can accommodate minor changes to the distribution of uses within the indoor portion. Staff commented on the request further and reported the Planning Commission recommended approval. Moved by Mayor Ryan, seconded by Councilmember Hovland, that Resolution No. 20-192, “Granting a Conditional Use Permit for 2,629 Square Feet of Outdoor Restaurant Seating in a B-3 (Regional Commercial) Zoning District located at 76 Northtown Drive NE,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Ryan, Swanson, Councilmember Hovland, Councilmember Jeppson, Garvais, Councilmember Robertson and Councilmember Paul 11.-4 GRANTING A SIX MONTH EXTENSION TO A CONDITIONAL USE PERMIT FOR TWO PROPOSED PUBLIC STORAGE BUILDINGS ON ONE LOT AND SHARED ACCESS IN A B-2 CC (COMMUNITY COMMERCIAL) ZONING DISTRICT, LOCATED AT 11421 ULYSSES STREET NE, 11452 CENTRAL AVENUE NE, AND OUTLOT C, MEADOW PLACE. PUBLIC STORAGE (CASE FILE NO. 19-0044/LSJ) Attachments: Attachments memo 12-15-20 Extension Denial Resolution Ms. Johnson stated the City Council granted a conditional use permit to Public Storage on January 6, 2020 that would allow for the construction of two storage buildings on one lot and a shared access. In April, 2020, staff received confirmation from the representatives of Public Storage that they had fallen out of contract on the sale of the property and that they were no longer pursuing the project at that time. In July, 2020, the City Council approved several zoning ordinance amendments, one of which was in regard to self-storage facilities. The amendment that was approved removed the use of indoor/outdoor self-storage facilities in all commercial and some industrial zoning districts and inserted the use of indoor self-storage facilities in the I-2A (Heavy Industrial) district only. This essentially means that if Public Storage does not commence construction by January 6, 2021, the use is no longer allowed on this property as the property is zoned B-2 (Community Commercial). Ms. Johnson reported staff recently learned that Public Storage has restarted City of Blaine Page 11 City Council Minutes December 21, 2020 negotiations on the purchase of the property and they are requesting that the City Council grant an extension of the approval of the conditional use permit for six months. The City Council has much discretion in the approval or denial of the extension on this conditional use permit. Given that this use is no longer allowed in this zoning district, the City Council is not obligated to approve the request. Alternatively, the City Council may see the benefit in allowing Public Storage to continue to work with property owners who would like to sell their property. Staff does not have a formal recommendation for this request. If Public Storage moves forward due to an approved extension, the applicant will also need to receive final plat approval to subdivide the property as was originally proposed and required. Staff commented on the request further and recommended the Council grant the six month extension. Mayor Ryan commented on the history of this property. He noted he has been working with the property owners for the past three years. Councilmember Hovland stated there were a lot of moving parts on this project and then the pandemic occurred. He supported giving the property owner the option to move this project forward. Councilmember Robertson asked if there were legal ramifications of extending the CUP. She questioned what it would mean if the six month extension were granted. She did not want to see the applicant back before the city requesting another extension. Ms. Johnson explained in six months the applicant would have to start construction on the project, or another extension would be required. City Attorney Nelson reported by granting this extension the applicant would have six more months to begin construction and if the applicant had not begun construction in six months another extension would be required. Further discussion ensued regarding the frontage road and access to this property. Councilmember Paul inquired if this extension would ensure the applicant would take action on this property. He asked if there was anything the city or the EDA could do to assist the property owners to move this project forward. Community Development Director Thorvig did not recommend the EDA purchase this property. He noted the EDA does not typically purchase vacant property. He stated the site was somewhat awkwardly shaped but had good access to Ulysses Street. He firmly believed that if Public Storage did not move onto this site, it would develop at some point in the near future. He explained he has been working with Mr. Selmer (north property owner) for quite a few years on the sale of this property. Councilmember Jeppson requested further information regarding the approval City of Blaine Page 12 City Council Minutes December 21, 2020 timeline for this project. Ms. Johnson reviewed the approval timeline with the Council. She reported staff learned about the renegotiations two weeks ago. Councilmember Jeppson stated she did not support this application originally and would not be supporting the extension at this time. Jerrod Yates, Public Storage representative, addressed some of the comments made by the Council. He understood that his request was approved in January of 2020. He stated after COVID occured the majority of institutional investors stopped after March 2020. He explained that any project that had not closed or elected to move forward, all investment decisions were put on pause. He reported he had waited this long in order to reengage with investors this fall. He commented further on the change that was made to the B-2 zoning district over the summer. He understood the outlook from Blaine and the need to not have storage overrun the B-2 zoning district. However, he believed his case was different because he had an approved CUP and was seeking a six month extension. He indicated the proposed property was surrounded by self-storage and would be a matching use. He discussed the odd shape of the parcels and stated he originally intended to only take Mr. Dropps property. However, he appreciated that both parcels had been negotiated into the development. He explained he was not introducing precedent because this was an existing application that was requesting an extension versus a new application. He anticipated he would break ground on this project in April of 2021. Bud Dropps, property owner, thanked Mayor Ryan, Councilmember Swanson and Councilmember Garvais for their service to the City of Blaine. He stated this item was coming in last minute because he was not aware of the zoning change that was made by the city which led him to speak with Public Storage in order to renegotiate the development. He reported he has had his property for sale for the past 10 years. He commented Public Storage would not be asking to enter this market unless a market study had been completed. He explained the approval was almost complete and the project would move forward this spring. He urged the Council to support the six month extension. Councilmember Swanson stated he supported the extension. He explained this property has been for sale for some time and the proposed use would fit in well with the surrounding properties. He supported the City giving the applicant six months to begin construction. He understood the City had a moratorium on storage uses, but if more storage were to be constructed, this would be the proper location. Councilmember Robertson commented on the surface she did not support the six month extension, however after hearing from the property owner she understood the difficulties the project faced this year. She did not want this project to keep City of Blaine Page 13 City Council Minutes December 21, 2020 coming back to the Council for consideration, adding she felt the applicant may be trying to breathe life into a project that was going nowhere. Councilmember Hovland stated if the six month extension were approved at this time and no action was taken the Council would have leverage if another extension were requested. Councilmember Garvais explained when this was approved, the Council had already discussed self-storage. He noted this request was approved because it met all city standards. While he understood COVID happened and investments stalled out, there has been avenues and opportunities to take action on the CUP. He indicated there was a lot of storage in this area of Blaine and he did not want to trade trailer parks and sod farms for self-storage units. He feared that Highway 65 corridor was becoming too full of self-storage units. He noted Ulysses Street would assist in drawing traffic to the site in the future. He did not believe storage units were the right solution for this property. Mayor Ryan indicated the property owner has been marketing this property for quite some time and has been paying his property taxes each year. Councilmember Garvais stated the City may need to step in and put in more effort to find a proper buyer and use for this property. Moved by Councilmember Hovland, seconded by Mayor Ryan, that Resolution No. 20-193, “Granting a Six Month Extension to a Conditional Use Permit for Two Proposed Public Storage Buildings on One Lot and Shared Access in a B-2 CC (Community Commercial) Zoning District located at 11421 Ulysses Street NE, 11452 Central Avenue NE, and Outlot C, Meadow Place,” be approved. A roll call vote was taken. Motion adopted 4-3 (Councilmember Garvais, Councilmember Jeppson, and Councilmember Robertson opposed). Aye: 4 - Ryan, Swanson, Councilmember Hovland and Councilmember Paul Nay: 3 - Councilmember Jeppson, Garvais and Councilmember Robertson 12. ADMINISTRATION 12.-1 FOGERTY MIGHTY DUCKS GRANT APPLICATION Mr. Thorvig stated the James Metzen Mighty Ducks Grant Program was funded by the Minnesota Legislature through a bonding bill in October of 2020. This program is administered by the Minnesota Amateur Sports Commission (MASC). The State of Minnesota, acting through its agency, the Minnesota Amateur Sports Commission (MASC), is seeking proposals from interested communities to improve ice arenas. Minnesota communities will be eligible to be awarded grants for improving indoor air quality in ice arenas or eliminating R-22 refrigerant. Grant City of Blaine Page 14 City Council Minutes December 21, 2020 applications must come from a local government unit (LGU), a political subdivision of the State. The LGU will be the fiscal agent for the grant funds and will execute the application form and resolution. Other entities can be the owner and/or operator of the ice arena, thus the beneficiary of the grant award. The grants are for reimbursement of costs for completed projects. Staff commented further on the grant types and recommended approval of the request. Councilmember Robertson thanked staff for bringing this item forward. She stated she did not want to see the Fogerty Arena closing because this was an institution in the City that was built by Blaine residents. Mayor Ryan commented on how the air exchanger would benefit the arena. Moved by Councilmember Robertson, seconded by Councilmember Paul, that Resolution 20-194, “Fogerty Mighty Ducks Grant Application,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Ryan, Swanson, Councilmember Hovland, Councilmember Jeppson, Garvais, Councilmember Robertson and Councilmember Paul 12.-2 ADOPT THE 2021 - 2025 OPEN SPACE CAPITAL IMPROVEMENT FUND BUDGET Attachments: 2021 - 2025 Open Space CIP Budget Recreation Manager Monahan stated a panel of City Staff including the City Manager, Finance Director, Public Works Director, Parks and Recreation and Engineering staff have reviewed the Five-Year Open Space Plan (CIP) for the City's Open Space Fund and is recommending adoption of the 2021 component of the CIP as the Open Space Development Fund Budget. The Natural Resource Conservation Board (NRCB) has reviewed the proposal and is recommending the budget to the City Council for formal adoption. The City Council also discussed this budget at the December 14, 2020 joint meeting with the NRCB. It was noted the city maintains a five-year capital improvement plan for open space development funds. The capital improvement plan is a flexible plan based upon long-range physical planning and financial projections. Flexibility is achieved through annual review and revisions as necessary. All improvements listed in the plan are proposed and reviewed by the NRCB before recommendation to the city council. The City Council makes all final decisions on capital improvement. Staff commented on the CIP in further detail, noting a trails placeholder had been included and recommended approval. Councilmember Garvais stated he would be supporting the CIP noting more discussion was needed for Pioneer Park before this project moves forward. City of Blaine Page 15 City Council Minutes December 21, 2020 Councilmember Robertson agreed stating it was hard for her to be supportive of the CIP when the Council would be accountable for all of the projects included. Councilmember Swanson explained he would support the CIP but encouraged someone within the city to begin looking out for trails and trail connections in Blaine. Mr. Monahan reported trail gaps had been identified within the Parks Master Plan and noted City Engineer Schluender had been discussing some of these gaps with Anoka County. Councilmember Paul thanked staff for their effort on this document. He stated he would be supporting the proposed plan. Moved by Councilmember Paul, seconded by Councilmember Jeppson, that Resolution 20-195, “Adopt the 2021-2025 Open Space Capital Improvement Fund Budget,” be approved. A roll call vote was taken. Motion adopted 6-1 (Councilmember Robertson opposed). Aye: 6 - Ryan, Swanson, Councilmember Hovland, Councilmember Jeppson, Garvais and Councilmember Paul Nay: 1 - Councilmember Robertson 12.-3 AMEND THE JOINT POWERS AGREEMENT (JPA) FOR PROVISION OF FIRE SERVICES WITH THE CITIES OF MOUNDS VIEW AND SPRING LAKE PARK Attachments: 2020-12-21 SBM JPA Mr. Huss stated in the latter part of 2019, the Council requested staff to initiate the process of amending the Joint Powers Agreement (JPA) for the provision of fire services of which the cities of Blaine, Mounds View, and Spring Lake Park are members. Of concern to the Council was easing the administrative process for the three cities to issue debt under the JPA and developing a cost sharing formula that better reflects current conditions. On the first issue, under the existing JPA, in order to issue bonds or other debt instruments, a supplement to the JPA, approved by all members and specifying each of the joint power member cities' obligations to the particular debt issue, is required. The amended JPA streamlines the debt issuance process by providing authorization for the cities to issue debt without the need to first approve a supplement to the JPA. Mr. Huss explained the current formula used to determine the dollar amount that each member pays annually dates to the inception of the JPA and takes into account a three-year rolling average of (1) each city’s estimated total market value of property and (2) calls for service. The two components are given equal weight in determining the percentage of costs for each city. In the early years of the JPA, Blaine paid roughly 65% of the SBM contract with Mounds View paying 24% and City of Blaine Page 16 City Council Minutes December 21, 2020 Spring Lake Park paying 11%. As expected with Blaine's tremendous growth in the ensuing 25 years, the formula percentages changed dramatically and the percentages that would be paid under the current agreement in 2021 would be: Blaine 77.14%; Mounds View 14.84%; and Spring Lake Park 8.02%. In reviewing the status of the JPA, the Administrative Committee (comprised of the Blaine City Manager and the City Administrators of Mounds View and Spring Lake Park) recognized the Joint Powers had reached a point whereby a fixed percentage split, rather than a formula-based split, was a more equitable and preferred way of allocating costs among the members. To that end, the Committee is recommending the JPA be amended to reflect the following fixed percentages for allocating costs: Blaine 76%; Mounds View 15.5%; Spring Lake Park 8.5%. Staff noted one correction to language within Paragraph E that was inadvertently missed and recommended approval. Mayor Ryan questioned what had to be done to amend this agreement. Mr. Huss stated all three cities had to agree to an amendment in order for the agreement to be approved. City Attorney Nelson clarified the last sentence of paragraph E was included in error and would be omitted on the adopted document. Councilmember Swanson asked if this item was time critical. Mr. Huss reported this was a time sensitive matter. Councilmember Swanson inquired what had been decided regarding the City’s 10 fire employees. Mr. Huss explained this was taken into consideration with the percentages, noting Blaine should be around 79% and the contributions of these Blaine employees was considered and the percentage was reduced to 76%. Ms. Wolfe commented on how the new formula would benefit the City of Blaine and its contributions to the SBM Fire Department. Moved by Councilmember Jeppson, seconded by Councilmember Hovland, that Resolution 20-196, “Amend the Joint Powers Agreement (JPA) for Provision of Fire Services with the Cities of Mounds View and Spring Lake Park,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Ryan, Swanson, Councilmember Hovland, Councilmember Jeppson, Garvais, Councilmember Robertson and Councilmember Paul 12.-4 MINNESOTA DEPARTMENT OF PUBLIC SAFETY GRANT FOR DWI OFFICER Attachments: Grant Contract Agreement - June 2020.pdf Deputy Police Chief Szykulski stated the City of Blaine has been awarded a grant from the Minnesota Department of Public Safety (DPS), Office of Traffic Safety (OTS), for a full time DWI Enforcement Officer. The City received this one-year City of Blaine Page 17 City Council Minutes December 21, 2020 grant in October, 2018 and renewed it for nine months beginning in January, 2020. This grant term would commence on January 1, 2021 and conclude September 30, 2021. This grant allows the City to continue the increased traffic enforcement in the evenings as the position is DWI-specific and the officer's hours have to be between 5:00PM and 5:00AM. This grant has proven to be more cost effective than adding another officer to the Traffic Unit and at the end of the grant term, the City would be responsible for the officer. It was noted staff was supportive of allocating the DWI officer to the Traffic Unit after the nine-month term. Moved by Councilmember Swanson, seconded by Mayor Ryan, that Resolution 20-197, “Minnesota Department of Public Safety Grant for DWI Officer,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Ryan, Swanson, Councilmember Hovland, Councilmember Jeppson, Garvais, Councilmember Robertson and Councilmember Paul 12.-5 2021 FLEET PURCHASE Deputy Police Chief Szykulski stated in the adoption of the 2021 Capital Budget, Council appropriated funding for certain pieces of equipment in the Capital Equipment Plan. Pursuant to the City Charter, Sec. 6.05, staff is now requesting Council approval for the purchase of the vehicles. The actual purchase of the vehicles will be in 2021 and the vehicles will be purchased from various vendors using the State Cooperative Purchasing Program. Due to the ordering process for these vehicles and to avoid delivery dates late into the year, it is necessary to begin the ordering and purchase process as close to the beginning of the year as possible. The vehicles listed are replacement vehicles and align with the current five-year capital equipment plan. The purchase of these vehicles is the first step in preparing them for use. The subsequent steps include the purchase and installation of the equipment. While the purchase of equipment and vehicle setup will occur at a later time, the entire cost of the vehicles is included in the 2021 budget appropriations. This request includes both the purchase of the vehicles and purchase of equipment, set-up and installation. Moved by Councilmember Robertson, seconded by Mayor Ryan, that Motion 20-135, “2021 Fleet Purchase,” be approved. A roll call vote was taken. Motion adopted 6-0-1 (Councilmember Hovland was absent for the vote). Aye: 6 - Ryan, Swanson, Councilmember Jeppson, Garvais, Councilmember Robertson and Councilmember Paul Abstain: 1 - Councilmember Hovland 12.-6 2021 LESS LETHAL 40MM LAUNCHERS Deputy Police Chief Szykulski stated due to the ordering process for these launchers and to avoid delivery dates late into the year, it is necessary to make City of Blaine Page 18 City Council Minutes December 21, 2020 specific purchases as close to the beginning of the year as possible. This new equipment replaces our current less lethal force option. Currently we use a 12 gauge shotgun with a "bean bag" round. This new piece of equipment shoots a "foam" projectile. This foam projectile is more effective at both closer and further ranges, making it safer for both a subject and an officer. The equipment falls in line with our desire for the sanctity of life, research done by the deadly force encounters working group, and 21st Century Policing. The purchase of these launchers is the first step in preparing them for use. Subsequent steps include the purchase and installation of the associated equipment, accessories, and munitions. While the purchase of the equipment, accessories, and munitions will occur at a later time, the entire cost of the launchers is included in the 2021 budget appropriations. This request includes both the purchase of the launchers and purchase of equipment/accessories/munitions. Mayor Ryan stated it was a good idea for the department to have less lethal options available for the department’s officers. Councilmember Jeppson said she was very thankful for the Blaine Police Department and the great strides they have been taking to ensure the safety of both officers and those who are working against them as demonostrated by this item. Deputy Police Chief Szykulski commented on how technology was changing for law enforcement and stated this was the best option for the department. Moved by Mayor Ryan, seconded by Councilmember Paul, that Motion 20-136, “2021 Less Lethal 40MM Launchers,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Ryan, Swanson, Councilmember Hovland, Councilmember Jeppson, Garvais, Councilmember Robertson and Councilmember Paul 12.-7 APPROVE 2021 PUBLIC WORKS CAPITAL EQUIPMENT PURCHASES Public Works Director Haukaas stated in the adoption of the 2021 Capital Budget, Council appropriated funding for certain pieces of equipment in the Capital Equipment Plan. Pursuant to the City Charter, Section 6.05, staff is now requesting Council approval for the purchase of the vehicles listed below. All equipment has been listed in information provided to the City Council at previous budget discussion work sessions, and approval is contingent upon final adoption of the 2021 budget. All the equipment listed will be purchased through the State Cooperative Purchasing Program from various vendors. Contract pricing reflects actual dealer price changes since the budget was developed. In total, sufficient funding was appropriated in the Capital Equipment budgets for the selected equipment. Staff commented further on the equipment purchases and recommended approval. City of Blaine Page 19 City Council Minutes December 21, 2020 Mayor Ryan reported the City was receiving a great price for the vehicle purchases from the State Cooperative Purchasing Program. Councilmember Garvais commended the Public Works Department for refurbishing and maintaining the City’s equipment so well. Moved by Councilmember Swanson, seconded by Mayor Ryan, that Motion 20-137, “Approve 2021 Public Works Capital Equipment Purchases,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Ryan, Swanson, Councilmember Hovland, Councilmember Jeppson, Garvais, Councilmember Robertson and Councilmember Paul 12.-8 APPROVE 2021 WATER TREATMENT CHEMICAL BIDS Attachments: 2021 WTP Chemical Bids Mr. Haukaas stated staff received three bids for 2021 water treatment chemicals. The requested quantities for chemicals in 2021 is significantly higher than in previous years due to bringing our new Water Treatment Plant No. 4 on line. These represent maximum quantities we may need over the course of the year in order to lock in the bulk purchase pricing. The companies who submitted were DPC Industries Inc., Hawkins Inc. and Shannon Chemicals. It was noted Hawkins was the low bidder for nine (9) of the ten (10) water treatment plant chemicals this year. The chemicals are Hydrofluorosilic Acid, Chlorine- 1 Ton & 150lb Cylinders, Polyphosphate, Zinc Orthophosphate, Sulfur Dioxide - 1 Ton Cylinders, Sulfuric Acid, Sodium Hypochlorite, and Sodium Permanganate. DPC was the low bidder for the Sulfur Dioxide - 150lb Cylinders only. The difference in bids amounted to $20.00 annually. DPC chose to withdraw that bid rather than have to make a special schedule for a single chemical. This improves efficiency of coordination by giving all chemical bids to a single company, Hawkins. The total chemical bid from Hawkins for 2021 is $382,370.00 to provide all our water treatment chemical needs. Quantities will be purchased and delivered as needed throughout the year. Funding is included in the 2021 Water Fund budget. Staff reported this was a budgeted expense and recommended approval of the water treatment chemical bids. Moved by Councilmember Hovland, seconded by Councilmember Paul, that Motion 20-138, “Approve 2021 Water Treatment Chemical Bids,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Ryan, Swanson, Councilmember Hovland, Councilmember Jeppson, Garvais, Councilmember Robertson and Councilmember Paul 13. OTHER BUSINESS Councilmember Jeppson thanked Mayor Ryan and Councilmember Swanson for City of Blaine Page 20 City Council Minutes December 21, 2020 their decades of service to the City of Blaine. She highlighted the words that were shared at the workshop meeting by other elected officials and pillars of the community. She stated these included words like vision, leader, impact, integrity, servant leader, longevity, legacy, respect, tireless, present, from the heart, champions, and irreplaceable. She thanked Mayor Ryan and Councilmember Swanson for creating a city that was remarkable. She appreciated how Mayor Ryan and Councilmember Swanson’s footprints would be left on this city far longer than their years of service. Councilmember Robertson stated she knew this day was coming and had not been looking forward to it. She stated being a colleague of Mayor Ryan and Councilmember Swanson has been a real joy for her. She said she believed the purpose of being on this Earth was to love and serve others and was proud to have seen this displayed and acted out by Mayor Ryan and Councilmember Swanson. She appreciated the passion both men had for seniors, veterans and the residents of Blaine. She indicated these matters would remain important to the Blaine City Council. She thanked Mayor Ryan and Councilmember Swanson’s spouses and children for supporting these men as they served. Councilmember Hovland stated it has been a pleasure serving with Mayor Ryan and Councilmember Swanson. He noted while they haven’t always agreed Council always worked through matters for the betterment of the community. He encouraged Mayor Ryan and Councilmember Swanson to stay in touch and wished them all the best in their retirement. Mayor Ryan stated he has loved every minute of his time serving the City of Blaine but explained now was the time for him to be done. Ms. Wolfe thanked Mayor Ryan, Councilmember Swanson and Councilmember Garvais for their passionate and dedicated service to the City of Blaine. She thanked Councilmember Garvais for bringing knowledge, input and a sense of humor to each meeting and stated it has been a pleasure to work with each of these individuals. Adjourned 14. ADJOURNMENT Councilmember Jeppson respectfully requested Mayor Ryan make a motion to adjourn the meeting and that Councilmember Swanson second the motion. Moved by Mayor Ryan, seconded by Councilmember Swanson, to adjourn the meeting at 10:15PM. City of Blaine Page 21 City Council Minutes December 21, 2020 A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Ryan, Swanson, Councilmember Hovland, Councilmember Jeppson, Garvais, Councilmember Robertson and Councilmember Paul City of Blaine Page 22