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. 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 June 21. 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/94488660195 Monday, May 17, 2021 7:30 PM Council Chambers and due to the COVID-19 pandemic, city meetings will also be held as virtual meetings 1. CALL TO ORDER BY THE MAYOR The meeting was called to order at 7:30PM by Mayor Sanders followed by the Pledge of Allegiance and the Roll Call. Due to the COVID-19 pandemic this hybrid meeting was held both virtually and in person. 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; City Engineer Dan Schluender; City Attorney Chris Nelson; Communications Manager Ben Hayle; and City Clerk Catherine Sorensen. Present: 7 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 4. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS City of Blaine Page 1 City Council Minutes May 17, 2021 4.-1 2020 Citizen Award Recognitions Safety Services Manager/Police Chief Podany stated there were two separate life-saving incidents in the city that he would like to recognize citizens for their efforts. First, he recognized off-duty Firefighter Michael Nundahl for performing CPR on an unconscious male (Thomas Meyer) until police and fire arrived resulting in the victim’s life being saved. He thanked Firefighter Nundahl for his tremendous efforts and presented Mr. Nundahl with a lifesaving award. A round of applause and standing ovation was offered by all in attendance. Police Chief Podany recognized four members from the same family, Martha Mundo, Antonio Lemond, Lues Mundo Lemond, Adrianne Aguilar Mundo, for noticing a young girl being abused by a predator. He commented these individuals intervened, stopped the predator’s actions and restrained him until police arrived. He thanked these four individuals for their exceptional performance and presented each with an award. A round of applause and standing ovation was offered by all in attendance. Mayor Sanders thanked these individuals for being heroes in the community and for showing neighborly love for others. Informational: no action required 5. COMMUNICATIONS None. 6. OPEN FORUM Mayor Sanders opened the Open Forum at 7:41PM. Alan Albrecht, 3340 122nd Avenue NE, discussed the city owned land near 125th and South Lake Boulevard. He indicated he contacted Ms. Haug to discuss the noxious weeds on the city-owned property and questioned why he has not received a response to his questions from staff. He commented on how noxious weeds were defined by the city and reported they were not allowed and requested the council address the issue of noxious weeds adjacent to his property. Mayor Sanders thanked Mr. Albrecht for bringing this concern to the council. There being no input, Mayor Sanders closed the Open Forum at 7:45PM. 7. ADOPTION OF AGENDA City of Blaine Page 2 City Council Minutes May 17, 2021 The agenda was adopted as presented. Mayor Sanders reported the workshop meeting would reconvene after the regular city council meeting adjourned. 8. APPROVAL OF CONSENT AGENDA: Councilmember Massoglia requested the removal of agenda item 8.8. Moved by Councilmember Robertson, seconded by Councilmember Hovland, that the following be approved: A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 8.-1 Schedule of Bills Paid Attachments: April 2021 P/R checks and wire transfers April 30, 2021 Bills Paid April 30, 2021 Subset of Bills Paid May 7, 2021 Bills Paid May 7, 2021 Subset of Bills Paid Approved 8.-2 Approval of Minutes Attachments: 05-03-21 Workshop 05-03-21 Council Approved 8.-3 2021 First Quarter Donations Attachments: 2021 Q1 Donations 2021 Q1 PD Donations Adopted 8.-4 Approve Temporary Road Closure for Memorial Day Ceremony Attachments: VMP Memorial Day Set-Up 2021 VMP Memorial Day Flyer Approved 8.-5 City of Blaine Page 3 City Council Minutes May 17, 2021 Wetland Credit Sales for Rehbein Industrial in Centerville Attachments: Rehbein Industrial Wetland Credit Contract final.docx Adopted 8.-6 Wetland Credit Sale for Troy Industrial Attachments: Troy Industrial Wetland Credit Contract final.pdf Wetland credit chart Adopted 8.-7 Granting a Final Plat to Subdivide One Lot into Two Lots to be Known as Baltimore 2nd Addition at 10620 Baltimore Street NE. Elevage Development Group (Case File No. 21-0035/LSJ) Attachments: Attachments Adopted 8.-8 Granting a Final Plat to Subdivide 28.5 acres into 40 Single Family Lots, 67 Townhome Lots, 4 Common Lots and 7 Outlots to be Known as Harpers Landing Located on the Northwest Corner of Harpers Street and 125th Avenue NE. Harpers Grove, LLC (Case File No. 21-0036/EES).end Attachments: Attachments Councilmember Massoglia understood the neighbors were not supportive of the townhomes or changing the zoning to medium density residential and for this reason would not be supporting this final plat. Moved by Councilmember Jeppson, seconded by Councilmember Robertson, that Resolution No. 21-104, “Granting a Final Plat to Subdivide 28.5 Acres into 40 Single Family Lots, 67 Townhome Lots, 4 Common Lots and 7 Outlots to be Known as Harpers Landing located on the Northwest Corner of Harpers Street and 125th Avenue NE. Harpers Group, LLC,” be approved. A roll call vote was taken. Motion adopted 6-1 (Councilmember Massoglia opposed). Aye: 6 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Smith and Mayor Sanders Nay: 1 - Councilmember Massoglia 9. 7:30 P.M. - PUBLIC HEARING AND ITEMS PUBLISHED FOR A CERTAIN TIME 9.-1 Adopting Assessment for the Reconstruction of Pheasant Ridge Drive NE from Lexington Avenue NE to 1700 feet West from City of Blaine Page 4 City Council Minutes May 17, 2021 Lexington Avenue NE, Improvement Project No. 16-14 Attachments: 16-14 Final Assessment Roll Assessment Map City Engineer Schluender stated Improvement Project No. 16-14 included the reconstruction of Pheasant Ridge Drive NE, beginning at Lexington Avenue NE and terminating at approximately 1700 feet west of Lexington Avenue. Improvements included concrete curb and gutter replacement, concrete sidewalk replacement, storm sewer structure rehabilitation, asphalt surface replacement, turn lane construction, signal modifications, traffic control signage, striping, and appurtenant construction. The project also included lane modifications to the westbound private street in The Village. The total cost of the project was reviewed with the council and staff indicated the Feasibility Report estimated the project would cost $1,184,250. The Assessment Roll has been prepared consistent with the Feasibility Report. Of the total cost, the amount to be assessed is $427,766.68. The Public Utility Funds will contribute $40,859.57 for water and sanitary sewer improvements, and Municipal State Aid and Pavement Management Program funds will contribute $823,405.69. Mayor Sanders opened the public hearing at 7:52PM. City Attorney Nelson explained an objection to an assessment would have to be received at this hearing in order to preserve the right to appeal the assessment. He advised that because this was a hybrid meeting, residents could submit their objection in writing, via email or within the chat function online. There being no additional public input, Mayor Sanders closed the public hearing at 7:54PM. Moved by Councilmember Hovland, seconded by Councilmember Paul, that Resolution No. 21-105, “Adopting Assessment for the Reconstruction of Pheasant Ridge Drive NE from Lexington Avenue NE to 1700 feet West from Lexington Avenue NE,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 9.-2 Adopting Assessment for the 2020 Street Reconstructions, Improvement Project No. 19-07 City of Blaine Page 5 City Council Minutes May 17, 2021 Attachments: 2020 Street Reconstructions Location Map Assessable Parcels Maps Proposed Final Assessment Roll - 19-07 Mr. Schluender reviewed the streets included in this improvement project. It was noted improvements include reclaiming existing bituminous pavement, spot and full replacement of curb and gutter, minor storm sewer improvements, water hydrant replacements, bituminous pavement and appurtenant construction. The total project cost indicated in the Feasibility Report was $5,188,320.00. The Assessment Roll has been prepared consistent with the Feasibility Report. Of the total cost, the amount to be assessed is $1,341,193.89. The Public Utility Funds will contribute $188,899.61 for water, trunk storm sewer and sanitary sewer improvements, Municipal State Aid System Funds will contribute $1,000,000.00 and Pavement Management Program funds will contribute $2,105,180.53. Mayor Sanders opened the public hearing at 7:56PM. Mr. Nelson explained an objection to an assessment would have to be received at this hearing in order to preserve the right to appeal the assessment. He advised that because this was a hybrid meeting, residents could submit their objection in writing, via email or within the chat function online. Scott Kroll, 2873, Rice Creek Parkway, stated he appreciated the fact his road would be redone. He requested further information regarding how assessments are paid back to the city. Mr. Schluender discussed the process that was followed for the repayment of assessments, noting residents had 15 years to repay the assessment or could pay the amount due upfront to avoid being assessed. Paul McNamme, Chairman of the Oak Park Community Church at 12050 Aberdeen Street NE, asked questions regarding how churches were assessed. He believed his church, which was a non-profit, was being assessed a significant amount of money. Mr. Schluender reported assessments were based on street front footage. He explained this church had a fair amount of street frontage. He indicated the city does not have a special policy in place for how to assess non-profits but rather assessed properties based on their zoning. Mr. McNamme explained he sent an email to staff objecting to the assessment for his church. He stated giving and attendance was down due to COVID. He noted the proposed assessment would take 33% of their cash balance. He indicated he would like to know how to formally object to the assessment amount. Mr. Nelson stated the email sent in City of Blaine Page 6 City Council Minutes May 17, 2021 advance to this meeting would not count as an objection. He encouraged Mr. McNamme to provide the city council with a written objection at this time. Mr. McNamme encouraged the city council to consider having a special assessment rate for non-profits. He asked if there was any point to objecting to the assessment. Public Works Director Haukaas reported the church would have the option to pay off the assessment over 15 years and would not have to pay the entire amount up front. He explained the city was trying to provide assistance to its property owners by increasing the repayment period to 15 years, when the repayment period used to be 10 years. Mr. Schluender stated there were two applicants who made deferral requests. He reported both applications met the city’s criteria. He recommended the council take action on the assessments for the improvement project and then make a motion to accept the two senior deferrals. There being no additional public input, Mayor Sanders closed the public hearing at 8:06PM. Councilmember Hovland stated he understood the church property was zoned commercial and questioned if this property was properly zoned. Community Development Director Thorvig explained churches were allowed in all zoning districts in the city. He reported the assessment policy looks at the land use in the comprehensive plan which was different than the zoning. He indicated the land use for this area was planned commercial/planned industrial. Councilmember Hovland asked if the church was paying a higher assessment rate due to the fact the property was zoned commercial. Mr. Schluender reported the church was being assessed based on the land use of the property regardless of how they were using the property. Mr. Haukaas commented the city plans to present the assessment policy to the council at an upcoming workshop. He discussed the two levels of assessments the city currently has in place, which were the residential rate and the commercial/industrial/multi-family rate. Councilmember Hovland stated the church may want to look at their zoning because their property taxes were higher based on the fact the property was zoned commercial versus another zoning. Councilmember Massoglia commented the church could not just change their zoning. He supported the city creating some type of deferment City of Blaine Page 7 City Council Minutes May 17, 2021 policy for non-profits. He reported this church was being assessed more than a business such as McDonalds or Menards and that the church was a non-profit organization. He supported the city assessing churches and non-profits at 30% rate, similar to residential properties. Councilmember Paul supported the council discussing this matter further at a future workshop meeting. Councilmember Hovland asked if the church had the ability to stretch these payments out over 15 years. Mayor Sanders reported this would be an option for the church. Councilmember Massoglia questioned if the council could approve a deferral for the church. Mr. Nelson cautioned the council from proceeding in this manner. He explained under state law in order for an assessment to be valid it must be uniform on the class of property. He recommended the council not treat this property differently without a policy in place. He was concerned the entire assessment roll could be put at risk if the council were to defer the assessment for the church. Mayor Sanders stated he understood the frustration with this situation and was sympathetic to the church’s concerns. He explained he also understood the church has been strained over the past 12 to 18 months due to COVID. He encouraged the church to submit an objection and stated the city could continue to work with staff on any and all options available. Moved by Councilmember Paul, seconded by Councilmember Hovland, that Resolution No. 21-106, “Adopting Assessment for the 2020 Street Reconstructions,” be approved. A roll call vote was taken. Motion adopted 6-1 (Councilmember Massoglia opposed). Aye: 6 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Smith and Mayor Sanders Nay: 1 - Councilmember Massoglia Moved by Councilmember Robertson, seconded by Councilmember Massoglia, to approve senior deferrals for assessments for the properties at 12451 Radisson Road and 9108 Flanders Street NE. A roll call vote was taken. Motion adopted unanimously. 10. DEVELOPMENT BUSINESS 10.-1 Second Reading City of Blaine Page 8 City Council Minutes May 17, 2021 Granting a Rezoning from DF (Development Flex) and FR (Farm Residential) to DF (Development Flex) for 24.42 Acres at 128th Avenue NE and Flanders Street. Meadowland Estates (Meadowlands Development, LLC) (Case File No. 21-0001/EES) Attachments: Attachments PC Draft Minutes 041321 City Planner Johnson stated Meadowland Estates is a 34 lot single-family subdivision in the Harpers Street area. The development requires a rezoning, conditional use permit and preliminary plat, and is generally consistent with the adjacent developments. It was noted four of the existing parcels were zoned DF (Development Flex) as part of a previous development proposal in this neighborhood several years ago. That development ultimately did not occur, but the DF zoning remains, which is consistent with the proposed residential uses. One existing property is still zoned FR (Farm Residential) and is proposed to be rezoned to DF to match the others and allow for the proposed single-family development. With the DF zoning, housing products and neighborhood design issues will require and be regulated by a Conditional Use Permit (CUP). Staff commented further on the project and noted the Planning Commission recommended approval of the request. Councilmember Robertson thanked staff for clarifying that there were no road connections with the new development and explained there had been confusion on this matter. Moved by Councilmember Massoglia, seconded by Councilmember Hovland, that Ordinance No. 21-2471, “Granting a Rezoning from DF (Development Flex) and FR (Farm Residential) to DF (Development Flex) for 24.42 Acres at 128th Avenue NE and Flanders Street.,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10.-2 Granting a Preliminary Plat to Subdivide 24.42 acres into 34 Lots and 1 Outlot to be Known as Meadowland Estates at 128th Avenue NE and Harpers Street. Meadowlands Development, LLC. (Case File No. 21-0001/EES) Attachments: Attachments PC Draft Minutes 041321 Ms. Johnson stated NR Properties is proposing to develop 24.42 acres into 31 new single-family homes, three existing homes, and one outlot. The development will be known as Meadowland Estates. The proposed City of Blaine Page 9 City Council Minutes May 17, 2021 new lots are generally 70-foot wide with larger corner lots. These lot sizes are consistent with the Harpers Haven development to the east. This plat is proposed to connect to the existing 128th and 127th Avenues. The plat does not provide an east/west connection to Woods at Quail Creek as originally envisioned, instead, a ghost plat was provided showing a future cul-de-sac off 128th Avenue (from the west in Woods at Quail Creek). The location of the wetlands and ditch on the property does not support the extension of the road. A pedestrian connection is proposed with a trail connection between the two neighborhoods. The existing driveway can be used in its current condition for the trail with the modifications to the connections to 128th Avenue on each side as shown on the plans. A permanent trail easement is shown on the plat. The existing home at 12790 Dunkirk will be required to relocate the existing driveway to 128th Avenue coming out of Woods at Quail Creek, which will result in a change in address for the property. Sidewalks are required for one side of all of the internal streets in the development. Moved by Councilmember Massoglia, seconded by Councilmember Jeppson, that Resolution No. 21-107, “Granting a Preliminary Plat to Subdivide 24.42 Acres into 34 Lots and 1 Outlot to be known as Meadowland Estates at 128th Avenue NE and Harpers Street,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10.-3 Granting a Conditional Use Permit to Allow for the Construction of 31 Single Family Homes in a DF (Development Flex) Zoning District at 128th Avenue NE and Harpers Street. Meadowland Estates (Meadowlands Development, LLC) (Case File No. 21-0001/EES) Attachments: Attachments PC Draft Minutes 041321 Ms. Johnson stated the conditional use permit is necessary to set up the standards of development in the DF (Development Flex) zoning district. This is consistent with every DF zoning district within the city. All setbacks are listed within the proposed resolution for approval. Also included in the resolution are house size standards, exterior material standards and landscaping requirements. The standards are consistent with the adjacent neighborhood standards. NR Properties is proposing four different models of single-family homes with a minimum 1,400 square feet of living space starting in the mid $400,000 range. The applicant may also build larger custom homes. Moved by Councilmember Massoglia, seconded by Councilmember Hovland, that Resolution No. 21-108, “Granting a Conditional Use Permit to Allow for the City of Blaine Page 10 City Council Minutes May 17, 2021 Construction of 31 Single Family Homes in a DF (Development Flex) Zoning District at 128th Avenue NE and Harpers Street,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10.-4 Second Reading Granting a Rezoning from B-3 (Regional Commercial to DF (Development Flex) for 4.07 Acres at 12403 and12417 Ulysses Street NE. Blaine Square LLC (Case File No. 21-0023/SLK) Attachments: Attachments PC Draft Minutes 041321 Ms. Johnson stated the applicant is requesting a rezoning from B-3 (Regional Commercial) to DF (Development Flex) for a five lot commercial development with zero lot line parking and shared access. The rezoning from B-3 (Regional Commercial) to DF (Development Flex) is primarily intended to allow the applicant to better allow the cross access, shared driveways and shared parking facilities that have been incorporated into the design of the site. Using the standard parking and building setback parameters of the B-3 zoning would not allow the type of building placement and access elements to be incorporated in the manner envisioned by the developer. She commented further on the rezoning and reported the Planning Commission recommended approval of the request. Councilmember Robertson requested comment from staff on how the city cannot control what types of tenants would go in these buildings. Ms. Johnson explained every parcel of land in the city was governed by the zoning ordinance and was given a zoning designation. Within these zoning designations or districts there was a list of permitted, accessory and conditional uses. She stated future tenants of buildings have to be uses that were permitted, accessory or conditional within the zoning districts. She commented more often than not the city does not know what uses are coming into new lots. She reported the city cannot control if a bank building is going into a commercial zoning district, because this is a permitted use. She indicated the free market takes its course. Councilmember Robertson thanked staff for this clarification. Moved by Councilmember Massoglia, seconded by Councilmember Hovland, that Ordinance No. 21-2472, “Granting a Rezoning from B-3 (Regional Commercial) to DF (Development Flex) for 4.07 Acres at 12403 and 12417 Ulysses Street NE,” be approved. City of Blaine Page 11 City Council Minutes May 17, 2021 A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10.-5 Granting a Preliminary Plat to Subdivide Approximately 4.07 acres into Five Lots to be Known as Blaine Square 2nd Addition at 12403 and 12417 Ulysses Street NE. Blaine Square LLC (Case File No. 21-0023/SLK) Attachments: Attachments PC Draft Minutes 041321 Ms. Johnson stated Blaine Square 2nd Addition consists of five lots. Lot 1 is approximately .94 acres and a restaurant (Chipotle) is proposed for this lot. Lot 2 is approximately .69 acres and a restaurant (Popeyes) is proposed for this lot. Lot 3 is approximately 1.07 acres and the existing 7,164 multi-tenant building will remain on this parcel. Lot 4 is approximately .54 acres and the existing minor auto repair (former Jiffy Lube) will remain on this lot. Finally, a 3,292 square foot bank/office is proposed on a .83 acre parcel (Lot 5). Moved by Councilmember Jeppson, seconded by Councilmember Hovland, that Resolution No. 21-109, “Granting a Preliminary Plat to Subdivide Approximately 4.07 Acres into Five Lots to be known as Blaine Square 2nd Addition at 12403 and 12417 Ulysses Street NE,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10.-6 Granting a Conditional Use Permit to Construct Two Freestanding Restaurants and a Bank, and Allow an Existing Retail/Restaurant/Office Building and Existing Minor Auto Repair to Remain with Shared Access and Parking in a DF (Development Flex) Zoning District at 12403 and 12417 Ulysses Street NE. Blaine Square LLC (Case File No. 21-0023/SLK) Attachments: Attachments PC Draft Minutes 041321 Ms. Johnson stated all uses within the DF (Development Flex) require the approval of a conditional use permit. At this time, the applicant is requesting the approval of the uses proposed for Lots 1-5 of Blaine Square 2nd Addition. All buildings proposed meet the Highway 65 Overlay District architectural requirements. The proposed bank/office does not have completed building elevations but will need to meet the architectural requirements of the Highway 65 Overlay District with site City of Blaine Page 12 City Council Minutes May 17, 2021 plan approval. The existing buildings on Lots 3 and 4 will remain as is. Moved by Councilmember Massoglia, seconded by Councilmember Paul, that Resolution No. 21-110, “Granting a Conditional Use Permit to Construct Two Freestanding Restaurants and a Bank, and Allow an Existing Retail/Restaurant/Office Building and Existing Minor Auto Repair to Remain with Shared Access and Parking a DF (Development Flex) Zoning District at 12403 and 12417 Ulysses Street NE,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10.-7 First Reading Granting a Rezoning from PBD (Planned Business District) to DF (Development Flex) at 10717 Austin Street NE. Lexington Meadows Apartments (Roers Companies/Wellington Management) (Case File No. 21-0031/LSJ) Attachments: Attachments Unapproved PC Minutes 051121 Ms. Johnson stated Roers Companies was requesting to build the Lexington Meadows Apartments which required a rezoning from PBD (Planned Business District) to DF (Development Flex). She explained this project was reviewed by the council at a workshop earlier this spring. The project included a 178 unit 4-story apartment building south of 108th Avenue on the Austin Street alignment. It was noted the rezoning was required due to the unique setbacks and design characteristics on this site. Declared by Mayor Sanders that Ordinance No. 21-2473, “Granting a Rezoning from PBD (Planned Business District) to DF (Development Flex) at 10717 Austin Street NE. Lexington Meadows Apartments,” be introduced and placed on file for second reading at the June 7, 2021 Council meeting. 11. ADMINISTRATION 11.-1 Authorize Change Order No. 1 in the Amount of $257,483.72 for the Polk Street Area Street Reconstructions, Improvement Project No. 19-16 Attachments: Location Map Mr. Schluender stated after award of Improvement Project No. 19-16, public works requested that all of the residential curb stops on Tyler, Jackson and Van Buren Streets be replaced because they are over 60 years old and a style of curb stop that, at this age, is prone to corrosion City of Blaine Page 13 City Council Minutes May 17, 2021 which can cause them to be stuck open or leak after being operated. In addition, there are three curb stops on 90th Lane, which are a newer style, that are not operable and need to be replaced. This change order addresses the replacement of the curb stops and the required restoration work. It was noted the Water Utility Fund would cover the expense of this change order. Staff reiterated that this change order would not impact the assessments for this improvement project. Councilmember Massoglia asked if the water utility fund typically funds curb stops. Mr. Schluender reported this was the case. Moved by Councilmember Hovland, seconded by Councilmember Jeppson, that Motion 21-75, “Authorize Change Order No. 1 in the Amount of $257,483.72 for the Polk Street Area Street Reconstructions,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 11.-2 Accept Bid from Pearson Bros., Inc. in the Amount of $88,677.40 for the 2021 Seal Coat Program, Improvement Project No. 21-02 Attachments: 2021 Sealcoat Change Order No 1 Mr. Schluender stated bids were received electronically on April 27, 2021, for Project No. 21-02. A total of two bids were received ranging from $88,677.40 to $93,088.00. The two lowest bidders and engineer’s estimate were reviewed with the council. It was noted bids have been checked and tabulated, and it has been determined that Pearson Bros., Inc. of Hanover, Minnesota is the lowest bidder. The Engineering Department has worked with Pearson Bros., Inc. on previous contracts and recommends that the low bid be accepted and a contract entered into with Pearson Bros., Inc. As the unit pricing came in extremely low this year, and Pearson Bros. has agreed to extend the unit price to additional work, staff is recommending adding several streets to this contract. Staff commented on Change Order #1 in the amount of $29,110.60 which would bring the project costs to $117,788.00. City council is also asked to approve a 10% contingency to bring the total project budget to $129,567.00. Moved by Councilmember Paul, seconded by Councilmember Hovland, that Resolution No. 21-111, “Accept Bid from Pearson Brothers, Inc. in the Amount of $88,677.40 for the 2021 Seal Coat Program,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders City of Blaine Page 14 City Council Minutes May 17, 2021 11.-3 Accept Bid from Asphalt Surface Technologies Corp. in the amount of $1,171,778.15 for the 99th Avenue NE /101st Avenue NE Rehabilitations, Improvement Project No. 21-08 Attachments: Location Map Mr. Schluender stated bids were received electronically on May 4, 2021, for Project No. 21-08. A total of seven bids were received ranging from $1,171,778.15 to $1,420,025.50. The engineer’s estimate for construction and three lowest bidders were reviewed with the council. It was noted bids have been checked and tabulated, and it has been determined that Asphalt Surface Technologies Corp. of St. Cloud, Minnesota is the lowest bidder. The Engineering Department has worked with Asphalt Surface Technologies Corp. on previous contracts. Staff recommends the low bid be accepted and a contract entered into with Asphalt Surface Technologies Corp. City council is also asked to approve a 10% contingency to bring the total project budget to $1,288,956.00. The funding source for this project is assessments, Public Utility Funds, City Pavement Management Program funds and Municipal State Aid System funds, and there are sufficient funds to cover these costs. Moved by Councilmember Hovland, seconded by Councilmember Jeppson, that Resolution No. 21-112, “Accept Bid from Asphalt Surface Technologies Corp. in the Amount of $1,171,778.15 for the 99th Avenue NE/101st Avenue NE Rehabilitations,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 11.-4 Approve 2021 Public Works Capital Equipment Purchases Mr. 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, Sec. 6.05, staff is now requesting council approval for the purchase of the requested vehicles. All equipment had been listed in information provided to the city council during budget discussion work sessions, and approval was included in the final adoption of the 2021 budget. All equipment listed will be purchased through the State Cooperative Purchasing Program from various vendors, or through the solicitation of competitive quotes per the city of Blaine Purchasing Policies. The State Cooperative Purchasing Program meets all requirements for competitive bidding. Contract pricing reflects actual dealer price changes since the budget was developed. City of Blaine Page 15 City Council Minutes May 17, 2021 Councilmember Hovland asked what was done with the old equipment. Mr. Haukaas stated staff looks at trading in equipment if some value remains, otherwise the items are sold at public auction. Moved by Councilmember Jeppson, seconded by Councilmember Massoglia, that Motion 21-76, “Approve 2021 Public Works Capital Equipment Purchases,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 11.-5 Accept Quote from Tierney Brothers Inc. in the Amount of $105,649.41 for A/V Technology Associated with the City Hall/Police Station Renovation Project Attachments: City Hall/Police Station Renovation A/V Proposal Communications Manager Hayle stated as a part of the city hall/police station renovation project, several new public and staff meeting spaces will be constructed. This contract will provide the audio and visual technology needs in those spaces. The project will include the new first floor community room, the new police briefing room, new conference rooms for both public and staff, staff collaboration space, and a police case-management area. Tierney Brothers Inc. has gone through a competitive bidding process and obtained the State of Minnesota contract for this type of work. The city has worked with Tierney Brothers on several projects in the past and recommends a continued working relationship with Tierney Brothers on these types of projects. Councilmember Robertson stated she was frustrated by the expense of A/V equipment. She questioned what the rationale was for not including these expenses in the $4.1 million in renovation expenses and asked if any of these items could be covered by CARES Act dollars. Mr. Hayle explained part of this was included in the $4.2 million project costs. However, additional funds were added to the communication budget for these purchases. He noted this project was done separate from CARES Act dollars because this was for new technology in new spaces within city hall and the police department. He reported some equipment would be reused in the space which saved the city approximately $50,000. Councilmember Paul asked if this company would be capable of getting all of this work done within city hall and the police department around daily operations. Mr. Hayle stated the city has worked with Tierney Brothers on several projects in the past. He indicated all daily functions within city hall and the police department would remain operational as the technological upgrades are made. City of Blaine Page 16 City Council Minutes May 17, 2021 Councilmember Massoglia commented he did not believe the community meeting spaces needed all of the proposed A/V technology. Mr. Hayle described how the community meeting spaces would be utilized by both the general public and staff then commented further on how the public meeting spaces would be built out to meet the growing needs of the city. Moved by Councilmember Massoglia, seconded by Councilmember Jeppson, that Motion 21-78, “Accept Quote from Tierney Brothers Inc. in the Amount of $105,649.41 for A/V Technology Associated with the City Hall/Police Station Renovation Project,” be approved. A roll call vote was taken. Motion adopted 6-1 (Councilmember Massoglia opposed). Aye: 6 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Smith and Mayor Sanders Nay: 1 - Councilmember Massoglia 12. OTHER BUSINESS Mayor Sanders reported the city council would be reconvening to the workshop meeting after this meeting adjourned. Councilmember Massoglia requested an update on public meeting protocols going forward. City Manager Wolfe stated staff would be bringing the topic forward for council’s discussion at a future workshop meeting. 13. ADJOURNMENT Moved by Councilmember Hovland, seconded by Councilmember Robertson, to adjourn the meeting at 8:58PM. A roll call vote was taken. Motion adopted unanimously. Aye: 7 - Councilmember Hovland, Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders City of Blaine Page 17