City Council

Blaine City Hall City of Blaine 10801 Town Sq Dr NE Blaine MN 55449 Anoka County, Minnesota Minutes City Council 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. Monday, June 21, 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 Adjunct Member Drew Brown. 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; Senior Parks and Recreation Manager Jerome Krieger; Supervisor/Accounting Bonnie Friedrich; and City Clerk Catherine Sorensen. Present: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders Absent: 1 - Councilmember Hovland 4. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS None. 5. COMMUNICATIONS 5.-1 Review 2020 Audit and Financial Report City of Blaine Page 1 City Council Minutes June 21, 2021 Andy Hering, Redpath & Company, Ltd., reviewed the 2020 audit and financial reports with the council. He discussed the various audits that were conducted and indicated he had no findings within any parts of the audit. He explained the city received a clean or unmodified opinion and commended the city for its strong financial position. Mayor Sanders thanked Mr. Hering and the finance department staff members for their work on another successful audit. Informational: no action required 6. OPEN FORUM Mayor Sanders opened the Open Forum at 7:35PM. There being no input, Mayor Sanders closed the Open Forum at 7:35PM. 7. ADOPTION OF AGENDA The agenda was adopted as presented. 8. APPROVAL OF CONSENT AGENDA: Moved by Councilmember Robertson, seconded by Councilmember Massoglia, that the following be approved: A roll call vote was taken. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 8.-1 Schedule of Bills Paid Attachments: 06/4/2021 Bills Paid 06/4/2021 Subset of Bills Paid 06/11/2021 Bills Paid 06/11/2021 Subset of Bills Paid Approved 8.-2 Approval of Minutes Attachments: 06-07-21 Workshop Minutes 06-07-21 Council Minutes Approved 8.-3 Approve a Temporary On-Sale Intoxicating Liquor License for Sgt. John Rice VFW to be Held at the Blaine VFW, 1374 109the Avenue NE City of Blaine Page 2 City Council Minutes June 21, 2021 Approved 8.-4 Remote Public Meeting Participation Policy Attachments: Blaine Public Meeting Policy July 2021 Minnesota Statutes 2020, Section 13D.02 Approved 8.-5 Authorize Temporary Removal of Parking Restrictions on 103rd Lane and National Street for a Centennial Elementary School Event on October 6, 2021 (Rain Date: October 7, 2021) Attachments: Centennial Parking Request Fall 2021 Centennial School Parking Map Approved 8.-6 Authorize Temporary Removal of Parking Restrictions on 91st Avenue, 92nd Avenue, 92nd Lane and Baltimore Street to Accommodate Lettermen Sports Tent Sales on August 2, 2021 - August 10, 2021 Attachments: Lettermen Sports Parking Map Approved 8.-7 Granting Final Plat Approval to Subdivide 8.37 Acres into 28 Single Family Lots to be Known as Mill Pond 3rd Addition at 130th Lane NE/Packard Street NE (Case File No. 21-0044/SLK) Attachments: Attachments Adopted 9. 7:30 P.M. - PUBLIC HEARING AND ITEMS PUBLISHED FOR A CERTAIN TIME 9.-1 Granting a Conditional Use Permit to Allow 20 Seats of Outdoor Dining in a B-2 (Community Commercial) Zoning District at 1374 109th Avenue NE. Blaine VFW (Case File No. 21-0039/SLK) Attachments: Attachments Public Comment City Planner Johnson stated the Blaine VFW would like to operate an outdoor dining patio for approximately 20 seats in the rear of their existing building. Blaine VFW currently operates a restaurant at 1374 109th Avenue. The proposed outdoor dining area has space for 20 outdoor dining seats in the rear of the existing building (south side). A City of Blaine Page 3 City Council Minutes June 21, 2021 wrought iron fence is shown on two sides of the proposed patio (south and west). A privacy fence will be constructed on the east side of the outdoor dining area. Mayor Sanders opened the public hearing at 7:38PM. Randy Munson, Blaine VFW Commander, explained he has been working on this project for the past four years and stated it was put on hold due to COVID. He thanked the planning commission and staff members for their help on this application. He indicated his only concern with this project was how future road improvements could impact the patio area. There being no additional public input, Mayor Sanders closed the public hearing at 7:40PM. Mayor Sanders explained Councilmember Hovland called him and offered his support for this project. Councilmember Paul stated he supported the proposed outdoor dining. Moved by Councilmember Robertson, seconded by Councilmember Massoglia, that Resolution No. 21-130, “Granting a Conditional Use Permit to Allow 20 Seats of Outdoor Dining in a B-2 (Community Commercial) Zoning District at 1374 109th Avenue NE,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10. DEVELOPMENT BUSINESS 10.-1 Second Reading Granting a Code Amendment to the Industrial Zoning Districts (I-1, I-1A, I-2, I-2A) to Add Ground Mounted Solar as an Accessory Use with the Issuance of a Conditional Use Permit (Case File No. 21-0027/SLK) Attachments: Attachments Unapproved PC Minutes 051121 Ms. Johnson stated this is a request to allow ground mounted solar as an accessory use with a conditional use permit in all industrial zoning districts (I-1, I-1A, I-2, I-2A). The city has been presented with an application by Medtronic that involves a ground mounted solar array for vacant land near their corporate headquarters. Currently, the zoning ordinance only allows free standing solar arrays in the PBD (Planned City of Blaine Page 4 City Council Minutes June 21, 2021 Business District) zoning district with a conditional use permit. The zoning ordinance does not support such use in the industrial zoning districts. The city council reviewed a possible code amendment and ground mounted solar array project for the Medtronic site on 82nd Lane NE at a workshop in March 2021. As a result of that workshop, the city council directed staff to initiate code amendments to all industrial zoned districts that would allow ground mounted solar arrays as a conditional use in the industrial zoning districts (I-1, I-1A, I-2, I-2A). Moved by Councilmember Jeppson, seconded by Councilmember Robertson, that Ordinance No. 21-2474, “Granting a Code Amendment to the Industrial Zoning Districts (I-1, I-1A, I-2, I-2A) to Add Ground Mounted Solar as an Accessory Use with the Issuance of a Conditional Use Permit,” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10.-2 Granting a Conditional Use Permit for a Freestanding Solar Installation in an I-2A (Heavy Industrial) Zoning District at 2880 82nd Lane NE. Medtronic Inc. (TC Solar MV LLC) (Case File No. 21-0029/SLK) Attachments: Attachments Unapproved PC Minutes 051121 Ms. Johnson stated Medtronic is requesting a conditional use permit to construct a freestanding solar array on seven acres of vacant land adjacent to their existing building on 82nd Lane NE. The ground mounted solar array will consist of 3,300 modules at a height of approximately 10 feet above grade. This solar array is expected to operate on the property for 20 years, with the ability for Medtronic to extend the contract or buy out the project and have it removed at any time during the term. Once operating, this project will deliver over 2,000MWh of clean, local energy annually to the Medtronic campus with only the sun as feedstock, equaling over 20% of the campus’ annual electric needs. Any excess energy that is not consumed by the building, will be sent back into the electric grid and used within the community. Councilmember Robertson stated she liked seeing private companies pursuing solar in the community and she was pleased to see the city was able to amend city code to allow for the request. Moved by Councilmember Robertson, seconded by Councilmember Smith, that Resolution No. 21-131, “Granting a Conditional Use Permit for a Freestanding Solar Installation in an I-2A (Heavy Industrial) Zoning District at 2880 82nd Lane NE,” be approved. A roll call vote was taken. Motion adopted unanimously. City of Blaine Page 5 City Council Minutes June 21, 2021 Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10.-3 Authorizing Submittal of the Environmental Assessment Worksheet (EAW) for Lexington Waters (The Excelsior Group) to the Environmental Quality Board (EQB) (Case File No. 21-0043) Attachments: 2021.03.11 Concept Plan sent to City, Lexington Waters Lexington Waters EAW Draft 21.06.04 EAW Community Development Director Thorvig stated the Excelsior Group has prepared and submitted an Environmental Assessment Worksheet (EAW) for the proposed Lexington Waters Development. The EAW is intended to determine if an Environmental Impact Statement (EIS) is required. The Lexington Waters development is a proposed residential development covering approximately 115 acres of land in the northeastern part of the city, East of Lexington Avenue NE at the 131st Avenue alignment, immediately and south of the city of Ham Lake/City of Blaine boundary. The development is proposed to contain approximately 296 housing units with 176 single-family homes and 120 detached townhomes proposed. The size and scope of the development requires the preparation and processing of an Environmental Assessment Worksheet (EAW) under Minnesota Rules 4410. The city of Blaine, in order to initiate the formal environmental review process for the proposed Lexington Waters development, will need to authorize the EAW submittal and publication. Once released and published by the Environmental Quality Board (EQB), the official public comment period will begin. The comment period for Lexington Waters is expected to open on June 29th and will close on July 29th. Staff commented further on the EAW process and recommended approval. Councilmember Robertson commented in order to get to this process, the city did not pressure landowners or encourage landowners to sell their property. She indicated all of the land acquisition was done privately. Mr. Thorvig reported this was the case. Councilmember Jeppson reiterated there were a number of agencies reviewing this information to ensure the interest was not solely focused on the developer, but rather the environmental issues were also being considered. Mr. Thorvig stated the Minnesota Rules address this concern. Councilmember Paul questioned if the developer would be responsible for sending this document through. Mr. Thorvig reported the city would be the responsible party for getting this document to other agencies for review purposes. City of Blaine Page 6 City Council Minutes June 21, 2021 Moved by Councilmember Paul, seconded by Councilmember Jeppson, that Resolution No. 21-132, “Authorizing Submittal of the Environmental Assessment Worksheet (EAW) for Lexington Waters (The Excelsior Group) to the Environmental Quality Board (EQB),” be approved. A roll call vote was taken. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 11. ADMINISTRATION 11.-1 Accept Bid from Osseo Construction Co., LLC in the Amount of $230,900.00 for the 2021 Water Storage Tank Rehabilitations, Improvement Project No. 20-50 Attachments: Location Map City Engineer Schluender stated the city council authorized Short Elliot Hendrickson (SEH) to perform project engineering, management and construction oversight for the rehabilitation of the Hamline Avenue Water Tower (#3), the Lexington Avenue Water Tower (#4) and the Sunnyside Park Reservoir with Resolution No. 20-126 on September 9, 2020. SEH prepared bidding documents for a rehabilitation project and the project was advertised for bids. Bids were received electronically on June 8, 2021, for Project No. 20-50. A total of five bids were received ranging from $230,900.00 to $366,430.00. The three lowest bidders and engineer’s estimate were reviewed with the council. It was noted bids have been checked, tabulated, and it has been determined that Osseo Construction Co., LLC of Osseo, Wisconsin is the lowest bidder. The Engineering Department recommends that the low bid be accepted and a contract be entered into with Osseo Construction Co., LLC. City council is also asked to approve a 10% contingency to bring the total project budget to $253,990.00. The funding source for this project is Water Utility Funds and there are sufficient funds to cover these costs. Councilmember Jeppson referred to 2017 when the city completed water tower improvements that did not end well. Mr. Schluender discussed the project that was completed in 2017 and stated the proposed project would not require moving any of the SCADA equipment but rather would rehabilitate the paint in order to fortify the structure. Councilmember Jeppson indicated she was concerned with the fact the low bidder had to be selected when this was a project that needed to be handled with the utmost care. Mr. Schluender explained the contract with SEH will also provide project manager services for the work on the water tower. City of Blaine Page 7 City Council Minutes June 21, 2021 Councilmember Paul stated since 2019 there has been a lot of work on the city’s water towers and questioned if this work was on a different water tower. Mr. Schluender commented the city has conducted a lot of water tower and well house maintenance projects over the past few years due to deferred maintenance. He explained the contractor would have to follow safety standards to ensure the city’s water remains protected. Councilmember Robertson asked if there were checks and balances in place to assure the vendors were reputable. Mr. Schluender reported staff has not worked with Osseo Construction in the past but indicated staff would be requesting three references from Osseo Construction and staff would be reaching out to these references. Councilmember Massoglia inquired if the engineer’s estimate was from city staff. Mr. Schluender stated the estimate came from SEH. He commented further on the proposed bids and noted they were within range. Councilmember Massoglia supported the city completing maintenance on the city’s water towers in order to remove the exterior staining. Mayor Sanders suggested the motion be amended in order to allow staff to verify the references from Osseo Construction. Moved by Councilmember Robertson, seconded by Councilmember Paul, that Resolution No. 21-133, “Accept Bid from Osseo Construction Co., LLC in the Amount of $230,900 for the 2021 Water Storage Tank Rehabilitations,” be approved. Motion Amendment: Moved by Mayor Sanders, seconded by Councilmember Paul to direct staff to request and verify references of Osseo Construction prior to contract award. A roll call vote was taken. Motion amendment adopted unanimously. A roll call vote was taken. Amended motion adopted 5-1 (Councilmember Jeppson opposed). Aye: 5 - Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders Nay: 1 - Councilmember Jeppson 12. OTHER BUSINESS Mayor Sanders explained the city council would be rescinding the city’s hybrid meeting model and noted council/board/commission meetings would return to full in-person participation beginning in July. City Manager Wolfe discussed the possibility of a watering ban if needed in the future and encouraged the community to conserve water as much City of Blaine Page 8 City Council Minutes June 21, 2021 as possible. 13. ADJOURNMENT Moved by Councilmember Robertson, seconded by Councilmember Jeppson, to adjourn the meeting at 8:17PM. A roll call vote was taken. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders City of Blaine Page 9