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, August 16, 2021 7:30 PM Council Chambers 1. CALL TO ORDER BY THE MAYOR The meeting was called to order at 7:33PM by Mayor Sanders followed by the Pledge of Allegiance and the Roll Call. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL PRESENT: Mayor Tim Sanders, Councilmembers Julie Jeppson, Chris Massoglia, Richard Paul, Jess Robertson and Jason Smith. Adjunct Member Drew Brown. ABSENT: Councilmember Wes Hovland. Quorum Present. ALSO PRESENT: City Manager Michelle Wolfe; Community Development Director Erik Thorvig; 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: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders Absent: 1 - Councilmember Hovland 4. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS 4.-1 C.C. Ludwig Award Presentation - Mayor Tom Ryan League of Minnesota Cities President D. Love and Executive Director Dave Unmacht presented former Mayor Tom Ryan with the C.C. Ludwig City of Blaine Page 1 City Council Minutes August 16, 2021 Award, which is considered to be the League’s highest honor for elected city officials. President Love explained recipients are chosen for their vision, statesmanship, and unwavering commitment to the public good. It was noted this award was established in 1962 and is named for Clarence C. Ludwig, who served as the League’s executive director from 1935 to 1959. A standing ovation and round of applause was offered by all in attendance. Former Mayor Tom Ryan stated he began serving with only having a two year term in mind. He commented on all the things he has learned over the years. He discussed how the community has changed over the years through the service of great councilmembers and staff members. He explained he was proud to have served the city of Blaine for the past 34 years and thanked the League of Minnesota Cities for this tremendous honor. Mayor Sanders thanked Former Mayor Ryan for his years of service and for building a strong community. He thanked the League of Minnesota Cities for recognizing Former Mayor Ryan. Informational: no action required 5. COMMUNICATIONS None. 6. OPEN FORUM Mayor Sanders opened the Open Forum at 7:50PM. Shane Kopf, 2401 121st Circle NE, Unit F, stated he objected to the Applewood Pointe of Blaine project. He indicated this was the wrong project for this property and recommended the building aesthetics and traffic flow be reconsidered. Mitch McQueen, 8605 Hastings Street, expressed concerns regarding the city’s municipal hearing process. He shared concerns that the current system had an inherent bias and questioned why the system had an appeal system in place when 95% of the appeals were upheld. Howard Heldt, 12010 Vermillion Street NE, Unit D, explained he objected to the Applewood Pointe of Blaine project. He questioned if the petition against this project had been given to the city council. Nicole Voyt, 2423 121st Circle, reported she had a second petition for the Applewood Pointe of Blaine project noting she had 110 signatures against this project from neighboring residents and residents of The City of Blaine Page 2 City Council Minutes August 16, 2021 Lakes area. She stated she has gone door to door regarding this project and expressed concern with the city’s notification process. She discussed concerns regarding traffic flow from this project. She read a comment from a resident who lives off of Vermillion Street and encouraged the city council to reconsider the building height and traffic that would be generated from the Applewood Pointe project. Tim Cimbura, 2915 Aspen Lake Drive, indicated he supported the Applewood Pointe of Blaine project. He reported this project would provide aging adults in the community with an attractive housing option. Allen Willie, 11967 Radisson Road, explained he has lived on his property for the past 37 years and appreciated the fact the building would be three stories along the northern boundary noting this would address the site line and shadowing concerns raised by the neighbors. He discussed how this property was guided within the 2040 Comprehensive Plan stating he believed the proposed project was the right fit. He commented on the number of trees that would be saved and added to the property. He noted he spoke with the building manager of the Applewood Pointe in Maple Grove and that 20% of residents typically travel south for the winter and north for the summer which would assist with addressing traffic concerns. He stated he supported the Applewood Pointe of Blaine project moving forward. There being no further input, Mayor Sanders closed the Open Forum at 8:10PM. 7. ADOPTION OF AGENDA The agenda was adopted as presented. 8. APPROVAL OF CONSENT AGENDA: Councilmember Robertson requested the removal of agenda item 8.6. Moved by Councilmember Robertson, seconded by Councilmember Jeppson, that the following be approved: 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: July 2021 P/R Checks and Wire Transfers July 30, 2021 Bills Paid July 30, 2021 Subset of Bills Paid August 6, 2021 Bills Paid August 6, 2021 Subset of Bills Paid City of Blaine Page 3 City Council Minutes August 16, 2021 Approved 8.-2 Approval of Minutes Attachments: 07-07-21 Closed Session - Pending Litigation Discussion 08-02-21 Workshop Minutes 08-02-21 Council Minutes 08-09-21 Park Board Vacancy Interviews 08-09-21 Workshop Minutes Approved 8.-3 Second Reading Granting Centerpoint Energy Resources Corp., d/b/a Centerpoint Energy Minnesota Gas (“Centerpoint Energy”), its Successors and Assigns, a Nonexclusive Franchise to Construct, Operate, Repair and Maintain Facilities and Equipment for the Transportation, Distribution, Manufacture and Sale of Gas Energy for Public and Private Use and to Use the Public Ways and Grounds of the City of Blaine, Anoka County, Minnesota, For Such Purpose; and, Prescribing Certain Terms and Conditions Thereof Adopted 8.-4 Publication of the Title and Summary of Ordinance 21-2478, Granting Centerpoint Energy Resources Corp., d/b/a Centerpoint Energy Minnesota Gas (“Centerpoint Energy”), its Successors and Assigns, a Nonexclusive Franchise to Construct, Operate, Repair and Maintain Facilities and Equipment for the Transportation, Distribution, Manufacture and Sale of Gas Energy for Public and Private Use and to Use the Public Ways and Grounds of the City of Blaine, Anoka County, Minnesota, For Such Purpose; and, Prescribing Certain Terms and Conditions Thereof of the Code of Ordinances of the City of Blaine Adopted 8.-5 Second Reading Amending Appendix D - Fee Schedule Mary Ann Young Center Room Rental Fees Adopted 8.-7 A Resolution Supporting a Transportation Economic Development Infrastructure (TEDI) Program Application City of Blaine Page 4 City Council Minutes August 16, 2021 Adopted 8.-8 Authorize Temporary Removal of Parking Restrictions on Ulysses Street and 98th Avenue to Accommodate Twin Cities Harley-Davidson ‘Classic Car Cruise in’ on September 18, 2021 Attachments: Harley Davidson Map Approved 8.-6 A Resolution Supporting a Transportation and Economic Development (TED) Program Application Councilmember Robertson requested further information from staff regarding this item. Public Works Director Haukaas stated staff was pursuing several grant opportunities through MNDOT and DEED for transportation funding. He reported the city was very focused on a Highway 65 improvement project. He explained preliminary design plans were in place and the city would like to get construction funding in place. He indicated the city’s intended use for these funds would be to create a functioning frontage road system from 99th to 109th Avenues. Mayor Sanders thanked staff for continually working to move the Highway 65 project forward. Moved by Councilmember Robertson, seconded by Councilmember Jeppson, that Resolution No. 21-160, “A Resolution Supporting a Transportation and Economic Development (TED) Program Application,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 9. 7:30 P.M. - PUBLIC HEARING AND ITEMS PUBLISHED FOR A CERTAIN TIME 9.-1 Vacation of Drainage and Utility Easement, Lot 1, Block 1, Blaine Square, Vacation No. V21-05 Attachments: Petition to Vacate Vacation Exhibit A City Engineer Schluender stated the property was originally platted as Lot 1, Block 1 Blaine Square. The property is being replatted as Blaine Square 2nd Addition; the current drainage and utility easement are being replaced with new drainage and utility easements with the new plat. Engineering staff has reviewed the request and is in agreement with the vacation. Mayor Sanders opened the public hearing at 8:15PM. City of Blaine Page 5 City Council Minutes August 16, 2021 There being no additional public input, Mayor Sanders closed the public hearing at 8:15PM. Moved by Councilmember Robertson, seconded by Councilmember Paul, that Resolution No. 21-162, “Vacation of Drainage and Utility Easement, Lot 1, Block 1, Blaine Square,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10. DEVELOPMENT BUSINESS 10.-1 Granting a Comprehensive Land Use Plan Amendment from MDR (Medium Density Residential) to HDR (High Density Residential) for Approximately 8.41 Acres at 11967 and 11985 Radisson Road NE. Applewood Pointe of Blaine. (Case File No. 21-0049/SLK) Attachments: Attachments Unapproved Minutes 071321 Comp Plan Denial Additional Public Comments 090821 Community Development Director Thorvig stated United Properties is proposing to develop a 3 and 4-story senior cooperative building adjacent to Radisson Road and the 121st Avenue alignment. There are two separate parcels in this area that will be combined into one lot for a total development site of 8.41 acres. In order to construct the senior cooperative building, the applicant needs the approval of a comprehensive plan amendment, rezoning, preliminary plat and conditional use permit. The proposed comprehensive plan amendment would change the land use of the property to HDR (High Density Residential). The current land use of the property is MDR (Medium Density Residential). This land use amendment was discussed with the City Council in January of 2021 and some members indicated their support for the item moving forward for review in a formal application. The proposed density of the apartment style building is approximately 12.46 units per acre. This density is very close to what is permitted if it were developed as MDR (6-12 units per acre). The amendment is being requested because apartments/cooperatives are not listed in the MDR definition in the 2040 Comprehensive Plan and are solely listed in the HDR definition. The revisions that were made to the plan were discussed in detail with the council, along with the traffic plan. Staff discussed how the proposed project would impact adjacent property values and noted the developer was in attendance. City of Blaine Page 6 City Council Minutes August 16, 2021 Dave Young, United Properties, discussed the proposed project in further detail with the council. He thanked staff for providing the council with a comprehensive report. He reported United Properties has successfully developed 16 Applewood Pointe communities in the Twin Cities, noting most were built within residential neighborhoods. He discussed how a senior cooperative worked noting these would be age restricted, for-sale units and rentals would not be allowed. He commented on how seniors within the cooperative organically support one another and create community groups. He stated the building design was senior friendly and provides a maintenance free lifestyle. He indicated the owners within the cooperative were proud, great neighbors. He explained the proposed development would provide another life-cycle housing option for Blaine residents. He commented on the findings from a recent market study noting there was a need for additional senior housing units. He then discussed how the building and landscaping plan was modified to take into consideration the comments and concerns of the neighbors. Councilmember Robertson indicated the original plan included a 2.5 acre park that would offset some of the park dedication fees while also providing an amenity to the surrounding neighborhood. Mr. Young stated this was proposed prior to completing wetland delineations and after the wetland was delineated, the plans had to be altered. Councilmember Robertson asked if the parking lot could be moved closer to the Radisson Road to lessen the impact on the surrounding neighbors. Mr. Young stated this could be done, but would then shift the building on the site. Councilmember Robertson thanked the developer for taking into consideration the comments and concerns raised by the neighbors and for making adjustments to the building plans. Councilmember Jeppson questioned if grandchildren, busyness and noise would be a concern for this property. Mr. Young reported the building would be 62 plus and noted the Fair Housing Act would not allow the building to discriminate against residents with grandchildren. Councilmember Jeppson reported the price per unit seemed quite high and requested further information regarding the price point. Mr. Young commented buyers would have to put down a specific percentage on each unit which helped in lowering the monthly costs for the units. Councilmember Jeppson requested further information regarding construction and occupation of the building. Mr. Young explained 60% of City of Blaine Page 7 City Council Minutes August 16, 2021 the building would have to be sold prior to construction beginning. He noted Maple Grove was 100% sold prior to the building opening. Councilmember Massoglia thanked the developer for listening to the residents concerns and for decreasing the height of the building to three stories along the north property line and asked if the developer would be willing to decrease the entire building to three stories. Mr. Young stated at some point the economics begin to not work and with fewer and fewer units, the project wouldn’t make sense. He explained if 18 units were removed from the fourth story the footprint of the building would have to become larger. He was of the opinion the proposed plans would have the least impact on the neighbors. Councilmember Paul thanked the developer for his detailed plan and for being willing to adjust the building height. He explained he supported the developer pursuing a three story building for the sake of the neighbors. Mr. Young commented he had taken into consideration the concerns voiced by the neighbors. He noted the majority of the building had been dropped to three stories and the landscaping plan was enhanced. He reiterated that if the entire building was decreased to three stories the building footprint would be increased, more trees would be lost and this would impact the building setbacks. He requested the council see the efforts that were made to address the concerns voiced by the neighbors. Ms. Voyt voiced further concerns she had regarding the project. Mayor Sanders noted public testimony regarding this project was now closed. Councilmember Robertson stated she understood the concerns raised by the public and said she did not take the process lightly and appreciated all of the engagement from the neighbors. She stated it was rare that a developer takes into consideration the concerns from the neighbors and modifies their plans and thanked the developer for adjusting his plans. She discussed how the adjacent neighborhoods would be impacted if this site were to have townhouses instead of the senior housing. Councilmember Massoglia requested further information regarding the berm and if 121st Avenue and Vermillion Street would be widened. Mr. Schluender discussed the berm on the north side of the property and noted it would remain in place in order to save the trees. He commented the developer was proposing storm sewer around the outside of the entire building. He explained 121st Avenue and Vermillion Street were 29 foot wide and reported there were no plans to widen either street. He indicated Vermillion Street was winding in nature which assists with calming or slowing traffic. He stated the developer has contacted Anoka County to gain access to Radisson Road and this was only being City of Blaine Page 8 City Council Minutes August 16, 2021 granted because the access would be from a city street and not from the development itself. He explained there were plans for a signal at Cloud Drive and Radisson Road in late 2022 or early 2023. Councilmember Jeppson stated it has been her experience that keeping roads closed where they should not be was a very bad idea and indicated this created great emotion. She explained she supported the new access point being created along 121st Avenue because it would benefit the entire neighborhood. Councilmember Massoglia agreed with this point but did not feel this was the best option for the flow of traffic. He was of the opinion this development was very high end and would be great for the city of Blaine, did not believe this was the best location for the project. He indicated he would like to see this project at three stories and suggested the developer look at property further north at the corner of Lexington Avenue and Main Street. He encouraged the council to consider the large amount of senior housing that was being constructed in Blaine at this time. He noted this project was something the council could control due to the comprehensive plan amendment request. Mayor Sanders stated not wanting to see this project move forward depended then on what could potentially be developed on this site. He explained if this project was not approved townhomes would likely be the result and said Blaine needed more high quality senior housing for long-time residents who wished to age in place. He indicated this developer was a tremendous partner who had adjusted their plans to address the concerns of the neighbors. He reported if townhomes were constructed on this property there would be increased traffic, noise and children, which is what the neighborhood was concerned about. He explained the roadway connection would occur with or without this project and believed this was the highest and best use for this site. Moved by Councilmember Smith, seconded by Councilmember Jeppson, that Resolution No. 21-163, “Granting a Comprehensive Land Use Plan Amendment from MDR (Medium Density Residential) to HDR (High Density Residential) for Approximately 8.41 Acres at 11967 and 11985 Radisson Road NE,” be approved. Motion failed 4-2 (Councilmember Massoglia and Councilmember Paul opposed). Aye: 4 - Councilmember Jeppson, Councilmember Robertson, Councilmember Smith and Mayor Sanders Nay: 2 - Councilmember Paul and Councilmember Massoglia City Attorney Nelson reported a resolution with findings regarding denial of the comprehensive plan amendment would be presented to the council on September 8, 2021. City of Blaine Page 9 City Council Minutes August 16, 2021 10.-2 Second Reading Granting a Rezoning From FR (Farm Residential) to DF (Development Flex) for Approximately 8.41 Acres at 11967 and 11985 Radisson Road NE. Applewood Pointe of Blaine (Case File No. 21-0049/SLK) Attachments: Attachments Unapproved Minutes 071321 Rezoning Denial Additional Public Comments 090821 Mr. Nelson recommended action on this item be tabled to the September 8, 2021 city council meeting. Moved by Mayor Sanders, seconded by Councilmember Robertson, to table action on the Rezoning to the September 8, 2021 city council meeting. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10.-3 Granting a Conditional Use Permit for the Construction of a 88-Unit, 3 and 4-Story Senior (Age 62+) Cooperative Building in a DF (Development Flex) Zoning District at 11967 and 11985 Radisson Road NE. Applewood Pointe of Blaine (Case File NO. 21-0049/SLK) Attachments: Attachments Unapproved Minutes 071321 CUP Denial Additional Public Comments 090821 Mr. Nelson recommended action on this item be tabled to the September 8, 2021 city council meeting. Moved by Mayor Sanders, seconded by Councilmember Robertson, to table action on the Conditional Use Permit to the September 8, 2021 city council meeting. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10.-4 Granting a Preliminary Plat to Subdivide 8.41 Acres into 1 (One) Lot and Platted Right-of-Way to be Known as Applewood of Blaine City of Blaine Page 10 City Council Minutes August 16, 2021 at 11967 and 11985 Radisson Road NE. (Case File No. 21-0049/SLK) Attachments: Attachments Unapproved Minutes 071321 Plat Denial Additional Public Comments 090821 Mr. Nelson recommended action on this item be tabled to the September 8, 2021 city council meeting. Moved by Mayor Sanders, seconded by Councilmember Robertson, to table action on the Preliminary Plat to the September 8, 2021 city council meeting. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10.-5 Granting a Comprehensive Plan Land Use Amendment to Change Certain Properties from LDR (Low Density Residential) and PI/PC (Planned Industrial/Planned Commercial) to PC (Planned Commercial) at the Southwest Corner of 125th Avenue and Lexington Avenue. (Case File No. 21-0046/EJT) Attachments: Attachments Unapproved Minutes 071321 Mr. Thorvig stated as part of the city council visioning discussion that occurred in early 2021, four priority development areas were identified by the city council. Those areas were the southwest corner of 125th Avenue and Lexington Avenue, Northtown Area, 105th Avenue and Radisson Road, and the area west of Highway 65 north of 99th Avenue. The areas were identified because they are either larger vacant parcels of land that are available for development, or redevelopment efforts are required. It was noted staff was directed by the council to create a new zoning district for an area around the southwest corner of 125th Avenue and Lexington Avenue that identified the vision the planning commission and city council have for future development on this corner. The city council discussed the area at the May 10, 2021 and June 14, 2021 workshops with discussion primarily focused on what uses to either permit or not permit in the new B-5 (Commercial) zoning district. This approval would change the land use in the comprehensive plan for various properties to be consistent with the proposed B-5 (Commercial) zoning district. Councilmember Jeppson stated having fast food restaurants only within multi-tenant buildings would be too restrictive and recommended this language be reconsidered. City of Blaine Page 11 City Council Minutes August 16, 2021 Councilmember Robertson questioned if variances could be considered for stand alone restaurants. Mr. Thorvig stated variances would not be an option. He reported the council could be more limiting now, and a change could be made to the ordinance to allow a use in the future. Councilmember Robertson discussed the unique free standing restaurants located within Arbor Lakes in Maple Grove. She explained she would like the city to be available for those types of restaurants. Mr. Thorvig recommended the council follow the language within the PBD zoning district for restaurants. Councilmember Paul recommended the language within the ordinance also address gas stations. Mr. Thorvig stated he was seeking guidance from the council regarding if gas stations would be an allowed use. Mayor Sanders explained the council has heard from the public and he wanted to see the city be aggressive and selective for this development. He suggested the multi-tenant language be considered or that the zoning be more selective. He indicated the city had a vision for this area and he wanted to see the zoning attract the unique amenities the city was seeking. Councilmember Smith supported the language as proposed by Mr. Thorvig with respect to restaurants. Councilmember Massoglia agreed Option 1 would be the best. He indicated he would like to see the fast food chains remain at Lexington Avenue and I-35W. Councilmember Robertson stated she supported the PBD restaurant language as proposed by staff. Councilmember Jeppson commented without any restrictions, it would be difficult for the city to create a vision for this area. She appreciated the preliminary work staff had done noting this would assist the council with creating a development that met the city’s vision. Councilmember Massoglia asked if Option 1 would allow for a conditional use permit. Mr. Thorvig explained Option 1 would require a zoning ordinance amendment to allow Class II restaurants. Moved by Councilmember Jeppson, seconded by Councilmember Robertson, that Resolution No. 21-166, “Granting a Comprehensive Plan Land Use Amendment to Change Certain Properties from LDR (Low Density Residential) and PI/PC (Planned Industrial/Planned Commercial) to PC (Planned Commercial) at the Southwest Corner of 125th Avenue and Lexington Avenue,” be approved. City of Blaine Page 12 City Council Minutes August 16, 2021 Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10.-6 Second Reading Granting a Rezoning of Various Properties from B-1 (Neighborhood Business) and FR (Farm Residence) to B-5 (Commercial) on the Southwest Corner of 125th Avenue and Lexington Avenue. (Case File No. 21-0046/EJT) Attachments: Attachments Unapproved Minutes 071321 Mr. Thorvig stated there are three existing single-family homes and a vacant parcel of land between the Blaine Wetland Sanctuary and water treatment plant. These properties are currently zoned FR (Farm Residence) and are proposed to be rezoned to B-5. Rezoning the properties would result in the single-family homes becoming non-conforming, however Minnesota State Statutes allow for non-conforming uses to continue, including through repair, replacement, restoration, maintenance or improvement. There is a 33.17-acre and 3.98-acre parcel at the southwest corner of 125th Avenue and Lexington Avenue under the same ownership. The large parcel is currently zoned B-1 (Neighborhood Business) and the 3.98-acre parcel is currently zoned FR. These properties are proposed to be rezoned to B-5. Moved by Councilmember Jeppson, seconded by Councilmember Paul, that Ordinance No. 21-2479, “Granting a Rezoning of Various Properties from B-1 (Neighborhood Business) and FR (Farm Residential) to B-5 (Commercial) on the Southwest Corner of 125th Avenue and Lexington Avenue,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10.-7 Second Reading Granting a Code Amendment to Create a New B-5 (Town Commercial) Zoning District (Case File No. 21-0046/EJT) Attachments: Attachments Code Amendment Unapproved Minutes 071321 Mr. Thorvig stated this application includes creation of a new B-5 commercial zoning district for the subject area. Development standards related to setbacks, building design, landscaping, etc., mirror the requirements of the Planned Business District (PBD) which encourages City of Blaine Page 13 City Council Minutes August 16, 2021 high quality development based on the performance standards. The City Council discussed potential uses allowed in the B-5 district at two workshops. The ordinance identifies permitted, conditionally permitted, and accessory and prohibited uses based on the discussion. In general, the permitted and conditionally permitted uses are similar to what is allowed in other commercial zoning districts in Blaine. There are seven uses the City Council specifically discussed as not being permitted. There were two specific uses the City Council struggled with in determining whether they should be allowed in the district and directed the Planning Commission to discuss the uses and make a recommendation to the City Council. He requested the council make a motion to approve the code amendment with provisions to address restaurants and gas stations. Mayor Sanders stated he supported excluding gas stations or convenience stores from this redevelopment area. Councilmember Massoglia concurred. Moved by Councilmember Jeppson, seconded by Councilmember Massoglia, that Ordinance No. 21-2480, “Granting a Code Amendment to Create a New B-5 (Commercial) Zoning District,” be approved as amended to include Class II restaurants in a multi-tenant building, Class II restaurants with a minimum square footage of 5,000 square feet and excluding gas station/convenience stores. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 11. ADMINISTRATION 11.-1 Resolution Finding No Need for an Environmental Impact Statement (EIS) for the Lexington Waters Environmental Assessment Worksheet (EAW) Attachments: Lexington Waters EAW_RecordofDecision210809 Mr. 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. Lexington Waters development is proposed to be approximately 296 residential properties with associated municipal streets, municipal sanitary sewer, municipal water, stormwater basins, wetland preservation and parkland on 115.45 acres. Councilmember Robertson discussed the comments made by several state agencies where concerns were raised regarding the amount of tree City of Blaine Page 14 City Council Minutes August 16, 2021 removal. She questioned how the Excelsior Group would address these concerns. Tracy Rust, Excelsior Group representative, stated she had a plan in place to meet the city’s density requirements and noted she would look at saving trees along Lexington. She noted that the majority of the land was sod farms and encouraged the developer to embrace the nature on the site. Ms. Rust reported a portion of the wetland area on the site would be restored as part of the development. Moved by Councilmember Smith, seconded by Councilmember Paul, that Resolution No. 21-167, “Resolution Finding No Need for an Environmental Impact Statement (EIS) for the Lexington Waters Environmental Assessment Worksheet (EAW),” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 11.-2 Approval of Letter of Concurrence for Watershed District Boundary Change/Adjustment Attachments: Letter of Concurrence RCWD Appendix A and B.pdf Mr. Schluender stated the Rice Creek Watershed District (RCWD) shares a boundary with three Watershed Management Organizations (WMO), one of which is the Coon Creek Watershed District (CCWD). RCWD has identified discrepancies in the RCWD’s hydrologic boundary with the adjacent WMOs and the RCWD tasked Houston Engineering, Inc. with reviewing RCWD current hydrologic boundaries in Anoka County and resolving the discrepancies. The City of Blaine is located within both RCWD and CCWD and thus is affected by certain discrepancies in the boundary between the two WMOs. Mr. Schluender explained a draft report on the hydrologic discrepancies was prepared, reviewed and commented on by all affected WMOs and municipalities. City of Blaine staff reviewed this report and concurred with the findings. Following finalization of the report, a proposed updated legal boundary was generated and again reviewed by all affected WMOs and municipalities. City of Blaine staff reviewed the proposed boundary changes within the city and concurred with the findings. The RCWD also reached concurrence with the neighboring WMOs regarding the hydrologic boundary that was identified in the report and Houston Engineering prepared a technical memorandum recommending modification of the RCWD legal boundary to more closely match the hydrologic boundary. RCWD has initiated the boundary change process under Minnesota Statute 103B.215. Part of this process requires a written statement of concurrence from each underlying city. Staff recommends that the Council adopt the Resolution granting concurrence City of Blaine Page 15 City Council Minutes August 16, 2021 with the proposed boundary changes developed by the RCWD. Moved by Councilmember Robertson, seconded by Councilmember Jeppson, that Resolution No. 21-168, “Approval of Letter of Concurrence for Watershed District Boundary Change/Adjustment,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 11.-3 Wetland Credit Sale for CSF Development Attachments: Site 7 Wetland Credits Sales Mr. Schluender stated the CSF Development Group would like to purchase 6,307.488 square feet (0.1448 acres) of wetland credit from the city of Blaine (Site 7) Wetland Bank at a value of $2.50 per square foot. The cost of the wetland credit purchase is $15,768.72 based on the 6,307.488 square feet. In addition, the developer will pay the city’s withdrawal fee to BWSR for withdrawing the credits. Please note, when Site 7 Wetland Bank was created, the pro forma was based on the sale of wetland credits at a unit cost of $1.75-$2.00 per Square foot. The city’s Site 7 site recently received a release of an additional 12 credits that are now available for sale. Moved by Councilmember Smith, seconded by Councilmember Jeppson, that Resolution No. 21-169, “Wetland Credit Sale for CSF Development,” be approved. Motion adopted unanimously. Aye: 6 - 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 Water Utility Fund 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 equipment listed below. This 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. The CAT 310 Mini Hydraulic Excavator will be purchased through the State Cooperative Purchasing Program from Ziegler CAT. The State Cooperative Purchasing Program meets all requirements for competitive bidding. Moved by Councilmember Massoglia, seconded by Councilmember Smith, that Motion 21-121, “Approve 2021 Public Works Capital Equipment Purchases,” be approved. City of Blaine Page 16 City Council Minutes August 16, 2021 Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 12. OTHER BUSINESS Councilmember Massoglia shared further comments regarding the Applewood Pointe project and the neighbors desire to not see this project move forward. 13. ADJOURNMENT Moved by Councilmember Robertson, seconded by Councilmember Massoglia, to adjourn the meeting at 9:38PM. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders City of Blaine Page 17