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City Council

Regular Meeting

Blaine, MN · March 7, 2022

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Minutes

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, March 7, 2022 7:30 PM Council Chambers 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. 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL PRESENT: Mayor Tim Sanders, Councilmembers Wes Hovland, Julie Jeppson, Chris Massoglia, Jess Robertson and Jason Smith. Adjunct Member Drew Brown. ABSENT: Councilmember Richard Paul. Quorum Present. ALSO PRESENT: City Manager Michelle Wolfe; Community Development Director Erik Thorvig; City Planner Sheila Sellman; Public Works Director Jon Haukaas; Police Chief/Safety Services Manager Brian Podany; Finance Director Joe Huss; City Engineer Dan Schluender; City Attorney Pam Whitmore; Director of Administration Cassandra Tabor; GIS Manager Cory Richter; Communications Manager Ben Hayle; and City Clerk Catherine Sorensen. Present: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland Absent: 1 - Councilmember Paul 4. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS 4.-1 Police Officer/Promotional Staff Swearing In Ceremony Safety Services Manager/Police Chief Podany stated when new officers City of Blaine Page 1 City Council Minutes March 7, 2022 successfully complete the field training program and advance to solo patrol, a swearing in ceremony is performed in front of the city council. Additionally, when sworn staff receive a promotion to a new position within the police department, they receive a swearing in ceremony in front of the city council. He introduced the six new officers that will be participating in the ceremony in order to take their oath of office. City Clerk Sorensen administered the oath of office to Police Officers Peter Noll, David Velasquez, Cassandra Ciupik, Kurtis Greene, Donald Plowman, and Jacob Cree and badges were pinned on. A round of applause and standing ovation was offered by all in attendance. Ms. Sorensen administered the oath of office to promoted staff Sergeant Barry Koch, Sergeant Zachary Johnson, Captain Joseph Gerhard and Deputy chief Daniel Pelkey and thanked them for their dedicated service to the city. A round of applause and standing ovation was offered by all in attendance. Informational: no action required 5. COMMUNICATIONS Mayor Sanders commented on the incidents and behavior of Councilmember Richard Paul. He explained residents have made comments and expressed concern regarding the incident involving Councilmember Richard Paul. He reported the Blaine Police Department has referred this case to an outside prosecutor for review and charges have been filed. He stated this case is in the criminal justice system which creates a presumption of innocence until there is a determination otherwise. He noted the legal process needs to run its course. He indicated there has been inquiries regarding Councilmember Paul and explained City Charter dictates the criteria for removal of councilmembers but does not provide authority for the council to independently remove an individual member. He commented on how this situation has brought to light the confusing and limiting language of the City Charter around member removal and asked the Charter Commission to research and review this issue and to consider an amendment to allow residents to recall and replace members if future conduct of members rises to that level. Mayor Sanders stated today there were further developments on Councilmember Paul and the council was made aware of new information that was posted on Facebook of an interaction between a resident and Councilmember Paul. He reported he received audio of this interaction and was working to verify and share with all councilmembers. He indicated the statements were very troubling coming from a councilmember then explained he would be calling a City of Blaine Page 2 City Council Minutes March 7, 2022 special meeting of the city council on Thursday, March 10 to address the statements from Councilmember Paul made Monday, March 7. He indicated he, along with his colleagues, supported the decision of the Blaine Police Department to have an independent prosecutor review this case. He stated he would continue to support the Blaine Police Department and all of the officers that serve this community with honor and respect. 6. OPEN FORUM Mayor Sanders opened the Open Forum at 8:20PM. Rob Doar, 11027 Terrace Road, commented how a nearby agency was looking for 10 officers which they cannot fill because their city council has had an antagonistic attitude towards law enforcement. He said he was thankful Blaine did not suffer from this and appreciated the words of Chief Podany earlier in saying the city council supports its officers, which contributed to the department remaining at full staffing levels. Mr. Doar commented it was unfortunate Councilmember Paul was not in attendance because he has made some serious allegations. He shared concerns about his conversation earlier in the day with Councilmember Paul which he felt lacked respect for officers and used his position of authority to threaten officers which was inexcusable and needed to be addressed. He suggested Councilmember Paul authorize release of the body camera video to show the public what had occurred. He said he appreciated Mayor Sanders’ comments and encouraged the city to have some mechanism in place for voters to hold elected officials accountable. He stated the residents of Blaine need some sort of mechanism to hold elected officials accountable. Greg Willman, 1456 132nd Avenue NE, expressed concern over the location of handicap parking facilities available at city hall as he felt they were too far away then asked questions about the assessment letter he received for the upcoming street improvement project in his neighborhood. Police Chief Podany thanked Mr. Doar for his support of the Blaine Police Department. He noted he has seen the video and would not be commenting on the video, beyond saying he was proud of the way his officers acted stating they followed through with the department’s core values. He reported the need to balance State Statutes when releasing video noting it was generally considered protected data. He stated he did not want to taint the integrity of the investigation or the prosecution review. He commented he made the decision, and was supported by the city council, to send this to an independent prosecutor for review. He City of Blaine Page 3 City Council Minutes March 7, 2022 explained he does not take this responsibility lightly. He stated he also feels strongly that Councilmember Paul should be afforded due process as well. There being no input, Mayor Sanders closed the Open Forum at 8:32PM. 7. ADOPTION OF AGENDA The agenda was adopted as presented. 8. APPROVAL OF CONSENT AGENDA: Moved by Councilmember Robertson, seconded by Councilmember Jeppson, that the following be approved: Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 8.-1 Schedule of Bills Paid Attachments: February 18, 2022 Bills Paid February 18, 2022 Subset of Bills Paid Approved 8.-2 Approval of Minutes Attachments: 02-14-22 Workshop Minutes 02-23-22 Workshop Minutes 02-23-22 Council Minutes 02-28-22 Special Workshop Minutes - 2023 Proposed Tax Levy and General Fund CM Hovland abstained from approval of minutes of 2-23-22 Approved 8.-3 Granting a Final Plat to Subdivide 2.5 acres into 45 Townhome Lots to be Known as Harpers Landing Second Addition on the Northwest Corner of Harpers Street and 125th Avenue NE. Harpers Grove, LLC (Case File No. 22-0015/EES) Attachments: Attachments Adopted 8.-4 Approve a Therapeutic Massage Enterprise License for BAK Blaine, LLC dba Salons by JC, 11820 Ulysses Street #100 Approved City of Blaine Page 4 City Council Minutes March 7, 2022 8.-5 Police Chief Employment Terms and Benefits Approved 8.-6 Authorize Temporary Removal of Parking Restrictions on 103rd Lane and National Street for Centennial Elementary School Event on May 25, 2022 (Inclement Weather Day: May 26, 2022) Attachments: Centennial Parking Request 2022 Centennial School Parking Map Approved 9. 7:30 P.M. - PUBLIC HEARING AND ITEMS PUBLISHED FOR A CERTAIN TIME 9.-1 Adopting Assessment for 132nd Lane and Hastings Street Rehabilitations, Improvement Project No. 21-07 Attachments: Location Map Assessment Map 21-07 Assessment Roll Mr. Schluender stated Improvement Project No. 21-07 was ordered by the city council on February 1, 2021 with Resolution 21-013. A construction contract was awarded to Douglas-Kerr Underground, LLC and construction was completed in the fall of 2021. Improvements included spot concrete curb and gutter repair/replacement, minor storm drainage improvements, spot water main repair, asphalt surface replacement, traffic control signage, and appurtenant construction. The total cost for the project was reviewed along with the estimate within the feasibility report. The assessment roll has been prepared consistent with the Feasibility Report. Of the total cost, the amount to be assessed is $386,837.79. The Public Utility Funds will contribute $888,308.23 for water and sanitary sewer improvements, and Pavement Management Program funds will contribute $883,765.83. It was noted the assessments will be levied in accordance with the assessment policy and will be levied over a period of 15 years to properties receiving benefit. Staff commented further on the project and recommended the council hold a public hearing and adopt the resolution. Mayor Sanders opened the public hearing at 8:35PM. City Attorney Whitmore reported Minnesota Statute 429.061 requires that any appeals of the assessments should be made in writing to the city clerk prior to or at this meeting. City of Blaine Page 5 City Council Minutes March 7, 2022 Greg Willman, 1456 132nd Avenue NE, discussed the options available to him for his assessment. He reported he was a permanently handicapped individual and asked if he could apply for the hardship special assessment deferral. City Attorney Whitmore stated the request for deferment could be presented this evening. Mr. Willman questioned what the increase to his taxes would be if the assessment were placed on his property for the next 15 years. Mr. Schluender reported the assessment for these parcels was approximately $1,700 and would be prorated over 15 years. Mr. Willman inquired if the balance of the assessment could be paid off at any time if a resident wanted to pay it off early. Mr. Schluender stated the balance could be paid off at any time. There being no additional public input, Mayor Sanders closed the public hearing at 8:39PM. Moved by Councilmember Jeppson, seconded by Councilmember Hovland, that Resolution No. 22-028, “Adopting Assessment for 132nd Lane and Hastings Street Rehabilitations,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland Ms. Whitmore reported the City Council received a challenge to the special assessment for Mr. Greg Willman for the property at 1456 132nd Avenue NE. Mr. Willman requested a deferral to the special assessment for seniors and disabled. She explained the council had to clarify whether their initial resolution takes this into consideration for this property and if not, the matter would have to be revisited. Mayor Sanders stated his preference would be to revisit this at a future meeting to allow the council to investigate the matter further. Mr. Schluender discussed how requests for deferral have been handled in the past. He noted staff would be in touch with Mr. Willman to outline the required documentation that would be needed to consider a hardship or senior deferral. After this information is received, staff can determine if the criteria are being met. He stated an amendment to the assessment roll could be brought back to the council once a determination is made. Mayor Sanders supported this project moving forward with the understanding the assessment for the Willman property will be reviewed by staff and revisited by the council at the April 4, 2021 city council City of Blaine Page 6 City Council Minutes March 7, 2022 meeting. 9.-2 Adopting Assessment for 99th Avenue and 101st Avenue Rehabilitations, Improvement Project No. 21-08 Attachments: Assessable Parcels Map Location Map 21-08 Assessment Roll Mr. Schluender stated Improvement Project No. 21-08 was ordered by the city council on February 1, 2021, with Resolution 21-014. A construction contract was awarded to Asphalt Surface Technologies Corp. and construction was completed in the fall of 2021. Improvements included a 2.5-inch mill/overlay, including a chip seal on the milled surface, upgrades to the existing signal system at the 99th Avenue/Clover Leaf Parkway intersection and repairs to the existing sidewalk, traffic control signage, and appurtenant construction. The total cost for the project was reviewed with the council along with the estimate from the feasibility report. The Assessment Roll has been prepared consistent with the feasibility report. Of the total cost, the amount to be assessed is $35,961.74. The Public Utility Funds will contribute $213,883.13 for water and sanitary sewer improvements, Municipal State Aid Street Funds will contribute $950,739.72, and Pavement Management Program funds will contribute $125,293.64. It was noted the assessments will be levied in accordance with the assessment policy and will be levied over a period of 5 years to properties receiving benefit. Staff commented further on the project and recommended the council hold a public hearing and adopt the resolution. Mayor Sanders opened the public hearing at 8:41PM. There being no public input, Mayor Sanders closed the public hearing at 8:42PM. Moved by Councilmember Hovland, seconded by Mayor Sanders, that Resolution No. 22-029, “Adopting Assessment for 99th Avenue and 101st Avenue Rehabilitations,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 9.-3 Vacation of Highway Easement per Document No. 515714, Vacation No. V22-01 Attachments: exhibit - Lever Street Easement Vacation Lexington Waters Petition to Vacate Highway Easement City of Blaine Page 7 City Council Minutes March 7, 2022 Mr. Schluender stated the easement was originally acquired by the City in 1978 and is located on Lever Street and the 131st Avenue alignment. The easement is no longer needed as the area is being replatted as Lexington Waters subdivision. Engineering staff has reviewed the request and is in agreement with the vacation. Mayor Sanders opened the public hearing at 8:43PM. There being no public input, Mayor Sanders closed the public hearing at 8:43PM. Moved by Councilmember Robertson, seconded by Councilmember Hovland, that Resolution No. 22-030, “Vacation of Highway Easement per Document No. 515714,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 9.-4 Order Improvement and Order Preparation of Plans and Specifications for the 89th Avenue and Davenport Street Area Reconstructions, Improvement Project No. 22-05 Attachments: Feasibility Report -89th & Davenport Final 89th Ave-Davenport St Area Location Map Mr. Schluender stated notice for this hearing has been published and mailed. An open house for affected property owners was held on February 28, 2022. Staff reviewed the streets included within the project area. It was noted the project area consists of city streets with rural sections and no curb and gutter, except for Jenkins Court and 86th Lane which do have concrete curb and gutter. The proposed improvements for the streets receiving a reconstruction include installing new concrete curb and gutter, aggregate base and bituminous pavement, storm sewer improvements, replacement of hydrants, repair/replacement of certain water main valves, traffic control signage replacement, and appurtenant construction. The proposed improvements for streets receiving a mill and overlay include spot curb replacement and a 1 1/2-inch depth mill and overlay. Mr. Schluender reported in addition to the street improvements, the proposed project also includes the reconstruction of Lift Station No. 1 and the force main associated with this lift station. The estimated cost of these proposed improvements is $7,856,595 with $1,237,211 to be assessed to the benefitting properties over a 15-year period for streets being reconstructed and a 5-year period for streets receiving a mill and overlay. Replacement of existing sanitary sewer castings/rings, hydrants, select valves and curb stops and reconstruction of Lift Station 1 and City of Blaine Page 8 City Council Minutes March 7, 2022 forcemain at an estimated cost of $2,979,855 is proposed to be paid for by City Public Utility Funds. The remaining portion of $3,639,529 is proposed to be paid from the City’s Pavement Management Program Funds. The proposed project is necessary, cost-effective, and feasible and will result in a benefit to the properties proposed to be assessed. Mayor Sanders opened the public hearing at 8:45PM. There being no public input, Mayor Sanders closed the public hearing at 8:46PM. Councilmember Hovland asked if staff had spoken to the neighborhood regarding the speed humps and if they would remain in place. Mr. Schluender stated one resident came to the public hearing to discuss the speed humps and this resident requested the speed hump in front of his house be removed. Councilmember Hovland indicated this was a very sensitive issue at one point in time. He recommended staff send a letter to the property owners in this area in order to receive feedback prior to this item moving forward. Mr. Schluender reported notice was sent to the entire neighborhood about the street improvements as outlined in the report. He explained staff did not specifically outline that the speed humps would be removed but noted seven residents did attend the public hearing. Councilmember Hovland commented this was a unique situation and he believed the city owed it to this neighborhood to send a specific letter. He did not feel comfortable with the city removing the speed humps without the neighborhood’s full knowledge. Mr. Schluender suggested the council move this item forward with the understanding staff would send another mailing stating the speed humps can be added to the project costs. Public Works Director Haukaas explained this was the early stage of this project. He noted the project would be coming back to the council to order the project. He indicated the speed humps were a minor cost that could be added to the project. He stated staff could send a letter to the neighborhood to get feedback on if the speed humps should remain in place or be removed. He reported this course of action would allow the project to move forward in order to be completed yet this summer. Councilmember Hovland explained he could support staff’s recommendation. Moved by Councilmember Massoglia, seconded by Councilmember Jeppson, that Resolution No. 22-031, “Order Improvement and Order Preparation of Plans and Specifications for the 89th Avenue and Davenport Street Area City of Blaine Page 9 City Council Minutes March 7, 2022 Reconstructions,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 9.-5 Granting a Conditional Use Permit Amendment to Allow for the Construction of a 4-Story Apartment Building with 65 Units with a Dog Park in a PBD Zoning District at 9460 Ulysses Street NE. Arris II Apartments (Case File No. 22-0016/EES) Attachments: Attachments City Planner Sellman stated the applicant is requesting an amendment to a conditional use permit issued in 2021 for an apartment building. The amendment increases the unit count from 64 units to 65 units and adds a dog park for residents of the building. The subject property is located on Ulysses Street just east of Berkshire apartments, (completed in 2016), and south of the Northview Villa manufactured home park. A comprehensive plan amendment from Planned Industrial/Planned Commercial to High Density Residential and a conditional use permit for a 64-unit apartment building was approved by the City Council on May 5, 2021. Staff commented further on the request, reviewed the conditions and recommended approval. Mayor Sanders opened the public hearing at 8:52PM. Mark Ouellette, 1336 95th Avenue, stated he lived directly behind the proposed building. He discussed how the dog park would be difficult to access in the winter months when the parking lot was surrounded with snow piles. He encouraged the council to reconsider the location of the dog park. He thanked the city for erecting no parking signs along the frontage road as he requested. He stated he is concerned the construction workers for this building would be parking in front of his house in order to access the construction site. He expressed concern with how the driveway into the apartment building was on a blind curve. Paul Toucey, representative for the developer, stated the dog park was proposed at this time and he believed it would be a good amenity for the development. He indicated there was an abundance of green space on this site to put snow on to. He reported the original design showed two driveways accessing the property. However, after speaking with staff the driveway was moved to its current location. He explained conversations have been held with Teamsters and construction parking would be located on their site. There being no additional public input, Mayor Sanders closed the public City of Blaine Page 10 City Council Minutes March 7, 2022 hearing at 9:01PM. Mayor Sanders encouraged the developer to continue to have a great working relationship with the neighbors. Moved by Councilmember Jeppson, seconded by Councilmember Smith, that Resolution No. 22-032, “Granting a Conditional Use Permit Amendment to Allow for the Construction of a 4-Story Apartment Building with 65 Units with a Dog Park in a PBD Zoning District at 9460 Ulysses Street NE,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 10. DEVELOPMENT BUSINESS 10.-1 Granting a Conditional Use Permit to Allow for a Commercial Kennel in an I-2 (Heavy Industrial) Zoning District at 2101 108th Lane NE. Rescue Pets Are Wonderful (Case File No 22-0003/EES) Attachments: Attachments Unapproved PC Minutes 020822 Ms. Sellman stated Rescue Pets are Wonderful (RPAW) is a dog and cat rescue that currently utilizes an office space on University Avenue and provides care to animals through foster homes. RPAW is proposing to relocate to 2101 108th Lane and house some dogs in the building that are awaiting placement in foster homes in addition to using it for their offices. This use meets the definition of a commercial kennel. This is in an I-2 (Heavy Industrial) zoning district and a commercial kennel use requires a conditional use permit under Section 31.24(i). Ms. Sellman explained RPAW will be leasing a portion of the space and the rest of the building will continue to be utilized by Diesel Cast Welding for storage. The portion leased by RPAW will be used for office space, storage, kennels and a training room. The two tenants are currently working on determining a final floor plan for the space that will meet building code requirements, so specific square footage is not being assigned to either tenant at this time. The kennel is proposed to be used as a temporary recovery and holding area for dogs awaiting placement in a foster home. The kennel space is anticipated to house up to ten dogs. The facility will not be open to the general public. If members of the public visit, it will be by appointment only. The training space will primarily be used for drop-off training for newly adopted dogs, where the owners of the dogs will not stay during the training. If training events were held with owners present, they would be limited to a maximum of 10 owners. Councilmember Massoglia asked if the training area was open to the City of Blaine Page 11 City Council Minutes March 7, 2022 public. Ms. Sellman explained the training area would only be utilized by the rescued animals. Moved by Councilmember Jeppson, seconded by Councilmember Robertson, that Resolution No. 22-033, “Granting a Conditional Use Permit to Allow for a Commercial Kennel in an I-2 (Heavy Industrial) Zoning District at 2101 108th Lane NE,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 10.-2 Granting Preliminary Plat Approval to Subdivide 5 Acres into 22 Single Family Lots to be Known as Harpers Landing North at 12650 Harpers Street NE. (Harpers Grove, LLC) (Case File No. 21-0085/EES) Attachments: Attachments Unapproved PC Minutes 020822 Ms. Sellman stated the proposed subdivision consists of one 5-acre parcel on the west side of Harpers Street at the 126th Lane alignment. The property is guided low density residential and is zoned DF (Development Flex). The property was zoned DF as part of a previous development proposal prior to the foreclosure crisis. Since the conditional use permit associated with that development was not utilized, it has now expired and a new conditional use permit is required for any development. At this time, the property is proposed to be subdivided in 22 single-family lots as an extension of the Harpers Landing development immediately south of the parcel. The development requires a preliminary plat and a conditional use permit to establish the standards in the Development Flex district. Moved by Councilmember Massoglia, seconded by Councilmember Jeppson, that Resolution No. 22-034, “Granting Preliminary Plat Approval to Subdivide 5 Acres into 22 Single Family Lots to be Known as Harpers Landing North at 12650 Harpers Street NE,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 10.-3 Granting a Conditional Use Permit to Allow for the Construction 22 Single Family Detached Homes in a DF (Development Flex) Zoning District at 12650 Harpers Street NE. Harpers Landing North (Harpers Grove, LLC) (Case File No 21-0085/EES) Attachments: Attachments Unapproved PC Minutes 020822 Ms. Sellman stated a conditional use permit is required for any City of Blaine Page 12 City Council Minutes March 7, 2022 development within the DF district to establish the development standards. The single family homes are the same floor plans and designs that were approved for the single family portion of the first phase of Harpers Landing. The homes include ramblers and two-story homes with a total of seven floor plans, each with three options for front elevations featuring varied roof lines and materials. The anticipated price point is the low $400,000s. Square footage ranges from 1,303 to 2,179 square feet. The homes are proposed on 55-foot-wide lots, which are narrower than the existing single family homes to the north which are generally 70-80 foot wide lots. The narrower product provides a transition between the townhomes to the south and the wider lots to the north. No materials requirements are proposed, which is consistent with the rest of the Harpers Street area. All homes are proposed to be slab on grade. Moved by Councilmember Robertson, seconded by Councilmember Jeppson, that Resolution No. 22-035, “Granting a Conditional Use Permit to Allow for the Construction 22 Single Family Detached Homes in a DF (Development Flex) Zoning District at 12650 Harpers Street NE,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 10.-4 First Reading Granting Amendments to 25.02 - Definitions and 33.11 - Permitted Encroachments - Yards of the Zoning Code Related to Setbacks for Pools and Patios and Amendments to Chapter 18, Article IX - Swimming Pools of the Code of Ordinances. City of Blaine (Case File No. 22-0005/EES) Attachments: Unapproved PC Minutes 020822 Ms. Sellman stated the city is proposing amendments to the zoning code and pool code to clarify setbacks for pools, patios, and aprons surrounding pools, establish standards for granting variances, address regulations on ladders for above ground pools, and establish standards for detached decks. Declared by Mayor Sanders that Ordinance No. 22-2498, “Granting Amendments to 25.02 - Definitions and 33.11 - Permitted Encroachments - Yards of the Zoning Code Related to Setbacks for Pools and Patios and Amendments to Chapter 18, Article IX - Swimming Pools of the Code of Ordinances,” be introduced and placed on file for second reading at the March 21, 2022 Council meeting. 11. ADMINISTRATION 11.-1 Authorize a Professional Services Contract with Bolton and Menk for Design and Construction Administration of 89th Avenue and City of Blaine Page 13 City Council Minutes March 7, 2022 Davenport Area Street Reconstructions, Improvement Project 22-05 Attachments: 22-05 Final Proposal Project Location Map Mr. Schluender stated on September 20, 2021 council initiated the 89th Avenue and Davenport Street Area Reconstruction, Project No. 22-05 with Resolution No. 21-180. At the same September 20, 2021 council meeting Bolton and Menk, which is one of the engineering firms in the pre-approved consultant pool approved by council on August 2, 2021, was awarded a contract to prepare preliminary design and a feasibility report. At that time it was stated that after completion of the feasibility report and upon ordering the improvements, a contract for final design and construction services would be negotiated with Bolton and Menk. Mr. Schluender reported the Engineering Department recently requested and received a proposal for final design and construction services for the 89th Avenue and Davenport Street Area Reconstruction project from Bolton & Menk in the amount of $497,535.00. Staff has reviewed this proposal and determined that the fees are justified and reasonable. City Council is also asked to approve a 10% contingency to bring the total project budget to $547,288.50. It was noted this project will be funded through proposed project assessments, Pavement Management Program funds and Public Utility funds. Moved by Councilmember Jeppson, seconded by Councilmember Hovland, that Motion 22-051, “Authorize a Professional Services Contract with Bolton and Menk for Design and Construction Administration of 89th Avenue and Davenport Area Street Reconstructions,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 11.-2 First Reading Ordinance Amending Chapter 26, Elections, Sec. 26-1. Councilmember Election Wards Attachments: Council Recommended Option Redistricting Map Options 2022 State Reapportionment Ms. Sorensen stated redistricting is the process of redrawing boundaries of election districts to ensure that the people of each district are equally represented. Using data from the 2020 Census, new boundaries must be determined that reflect population growth and shifts over the past decade and created so each district has approximately the same City of Blaine Page 14 City Council Minutes March 7, 2022 number of people. At the February 14 workshop, council reviewed several preliminary draft maps as final maps had not yet been released. On February 15, the Minnesota Supreme Court released the final plans and established congressional, senate, and legislative districts. Since then staff has been working to analyze the census block data to bring forward three options for council consideration. The deadline to complete this process is March 29, so if consensus can be reached it is recommended to move forward with first reading and hold second reading and adoption on March 21, along with a resolution establishing polling places for 2022. Candidate filing begins May 17 and new ward and precinct boundaries will be in effect for the state primary election in August. GIS Manager Richter reviewed the options available to the council noting three wards and 27 precincts would remain with either option. She explained staff’s favorite option was 2B because there was a nice balance in the population throughout the wards and precincts. Mayor Sanders thanked staff for all of their efforts on the redistricting. Ms. Sorensen reported staff would be placing a survey on the city’s website to gain feedback from the public. She indicated this feedback would be presented to the council at an upcoming council meeting. Declared by Mayor Sanders that Ordinance No. 22-2499, “Ordinance Amending Chapter 26, Elections, Sec. 26-1. Councilmember Election Wards,” be introduced and placed on file for second reading at the March 21, 2022 Council meeting. 12. OTHER BUSINESS None. 13. ADJOURNMENT Moved by Councilmember Hovland, seconded by Councilmember Jeppson, to adjourn the meeting at 9:20PM. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland City of Blaine Page 15

Agenda

City of Blaine Anoka County, Minnesota Blaine City Hall 10801 Town Sq Dr NE Blaine MN 55449 Meeting Agenda - Final Monday, March 7, 2022 7:30 PM Council Chambers 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. City Council Meeting Agenda - Final March 7, 2022 1. CALL TO ORDER BY THE MAYOR 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS 4.-1 SPEAKER Police Officer/Promotional Staff Swearing In Ceremony 22-03 Sponsors: Podany 5. COMMUNICATIONS 6. OPEN FORUM Open Forum is an opportunity for the public to present an issue or concern to City Council. There is a maximum of fifteen minutes set aside for open forum. Each presentation should be limited to no more than three minutes. If your item needs follow-up from the City, staff will arrange for that follow-up and will contact you to let you know what is being done. Thank you for coming this evening. 7. ADOPTION OF AGENDA 8. APPROVAL OF CONSENT AGENDA: All items listed under the "Consent Agenda" are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 8.-1 MO 22-046 Schedule of Bills Paid Sponsors: Huss Attachments: February 18, 2022 Bills Paid February 18, 2022 Subset of Bills Paid 8.-2 MO 22-047 Approval of Minutes Sponsors: Sorensen Attachments: 02-14-22 Workshop Minutes 02-23-22 Workshop Minutes 02-23-22 Council Minutes 02-28-22 Special Workshop Minutes - 2023 Proposed Tax Levy and General Fund 8.-3 RES Granting a Final Plat to Subdivide 2.5 acres into 45 Townhome Lots to be 22-027 Known as Harpers Landing Second Addition on the Northwest Corner of Harpers Street and 125th Avenue NE. Harpers Grove, LLC (Case File No. City of Blaine Page 2 Printed on 3/8/2022 City Council Meeting Agenda - Final March 7, 2022 22-0015/EES) Sponsors: Sellman Attachments: Attachments 8.-4 MO 22-048 Approve a Therapeutic Massage Enterprise License for BAK Blaine, LLC dba Salons by JC, 11820 Ulysses Street #100 8.-5 MO 22-049 Police Chief Employment Terms and Benefits Sponsors: Wolfe 8.-6 MO 22-050 Authorize Temporary Removal of Parking Restrictions on 103rd Lane and National Street for Centennial Elementary School Event on May 25, 2022 (Inclement Weather Day: May 26, 2022) Sponsors: Schluender Attachments: Centennial Parking Request 2022 Centennial School Parking Map 9. 7:30 P.M. - PUBLIC HEARING AND ITEMS PUBLISHED FOR A CERTAIN TIME 9.-1 RES Adopting Assessment for 132nd Lane and Hastings Street Rehabilitations, 22-028 Improvement Project No. 21-07 Sponsors: Schluender Attachments: Location Map Assessment Map 21-07 Assessment Roll 9.-2 RES Adopting Assessment for 99th Avenue and 101st Avenue Rehabilitations, 22-029 Improvement Project No. 21-08 Sponsors: Schluender Attachments: Assessable Parcels Map Location Map 21-08 Assessment Roll 9.-3 RES Vacation of Highway Easement per Document No. 515714, Vacation No. 22-030 V22-01 Sponsors: Schluender Attachments: exhibit - Lever Street Easement Vacation Lexington Waters Petition to Vacate Highway Easement 9.-4 RES Order Improvement and Order Preparation of Plans and Specifications for 22-031 the 89th Avenue and Davenport Street Area Reconstructions, Improvement Project No. 22-05 Sponsors: Schluender Attachments: Feasibility Report -89th & Davenport Final 89th Ave-Davenport St Area Location Map City of Blaine Page 3 Printed on 3/8/2022 City Council Meeting Agenda - Final March 7, 2022 9.-5 RES Granting a Conditional Use Permit Amendment to Allow for the 22-032 Construction of a 4-Story Apartment Building with 65 Units with a Dog Park in a PBD Zoning District at 9460 Ulysses Street NE. Arris II Apartments (Case File No. 22-0016/EES) Sponsors: Sellman Attachments: Attachments 10. DEVELOPMENT BUSINESS 10.-1 RES Granting a Conditional Use Permit to Allow for a Commercial Kennel in an 22-033 I-2 (Heavy Industrial) Zoning District at 2101 108th Lane NE. Rescue Pets Are Wonderful (Case File No 22-0003/EES) Sponsors: Sellman Attachments: Attachments Unapproved PC Minutes 020822 10.-2 RES Granting Preliminary Plat Approval to Subdivide 5 Acres into 22 Single 22-034 Family Lots to be Known as Harpers Landing North at 12650 Harpers Street NE. (Harpers Grove, LLC) (Case File No. 21-0085/EES) Sponsors: Sellman Attachments: Attachments Unapproved PC Minutes 020822 10.-3 RES Granting a Conditional Use Permit to Allow for the Construction 22 Single 22-035 Family Detached Homes in a DF (Development Flex) Zoning District at 12650 Harpers Street NE. Harpers Landing North (Harpers Grove, LLC) (Case File No 21-0085/EES) Sponsors: Sellman Attachments: Attachments Unapproved PC Minutes 020822 10.-4 ORD Second Reading 22-2498 Granting Amendments to 25.02 - Definitions and 33.11 - Permitted Encroachments - Yards of the Zoning Code Related to Setbacks for Pools and Patios and Amendments to Chapter 18, Article IX - Swimming Pools of the Code of Ordinances. City of Blaine (Case File No. 22-0005/EES) Sponsors: Showalter Attachments: Unapproved PC Minutes 020822 11. ADMINISTRATION 11.-1 MO 22-051 Authorize a Professional Services Contract with Bolton and Menk for Design and Construction Administration of 89th Avenue and Davenport Area Street Reconstructions, Improvement Project 22-05 City of Blaine Page 4 Printed on 3/8/2022 City Council Meeting Agenda - Final March 7, 2022 Sponsors: Schluender Attachments: 22-05 Final Proposal Project Location Map 11.-2 ORD First Reading 22-2499 Ordinance Amending Chapter 26, Elections, Sec. 26-1. Councilmember Election Wards Sponsors: Sorensen Attachments: Redistricting Map Options 2022 State Reapportionment 12. OTHER BUSINESS 13. ADJOURNMENT City of Blaine Page 5 Printed on 3/8/2022

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