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, March 21, 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, Richard Paul, Jess Robertson and Jason Smith. ABSENT: None. 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; Senior Parks and Recreation Manager Jerome Krieger; City Attorney Chris Nelson; Communications Manager Ben Hayle; Deputy Fire Marshal Todd Miller; and City Clerk Catherine Sorensen. Present: 7 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 4. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS None. 5. COMMUNICATIONS None. City of Blaine Page 1 City Council Minutes March 21, 2022 6. OPEN FORUM Mayor Sanders opened the Open Forum at 7:31PM. Richard Perry, 11045 Polk Street, requested an update on his proposal for an access path from Polk Street to a city trail south of Sand Creek. He explained he has not heard from city staff or the council since making two different proposals regarding the trail. Councilmember Jeppson apologized for the fact staff has not responded. She explained it was her understanding that after the last meeting, staff would be in touch with Mr. Perry. She thanked Mr. Perry for his work on this and for finding ways to reduce the expense of the project. She anticipated staff was looking for direction from the council on this item and noted she would take this project on. There being no further input, Mayor Sanders closed the Open Forum at 7:34PM. 7. ADOPTION OF AGENDA The agenda was adopted as presented. 8. APPROVAL OF CONSENT AGENDA: Moved by Councilmember Hovland, seconded by Councilmember Smith, that the following be approved: Motion adopted unanimously. Aye: 7 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 8.-1 Schedule of Bills Paid Attachments: February 2022 P/R Checks and Wire Transfers February 25, 2022 Bills Paid February 25, 2022 Subset of Bills Paid March 4, 2022 Bills Paid March 4, 2022 Subset of Bills Paid Approved 8.-2 Approval of Minutes Attachments: 03-07-22 Workshop Minutes 03-07-22 Council Minutes 03-10-22 Special Meeting - Councilmember Paul Incident City of Blaine Page 2 City Council Minutes March 21, 2022 Approved 8.-3 Accept quote from Cyber Advisors in the amount of $185,050 for hardware for the IT network infrastructure upgrade Attachments: Cyber Advisor Quote - IT Network Upgrade Hardware Approved 8.-4 Granting Final Plat Approval to Subdivide Approximately 9.82 Acres into 29 Lots and 2 Outlots to be Known as Alexander Woods Third Addition at 1080 and 1100 113th Avenue NE. (Capital Trust Development LLC) (Case File No. 22-0017/EES) Attachments: Attachments Adopted 8.-5 Releasing Lot 10-16, Block 2, Northstar Industrial Park from Recorded Development Agreement (Case File No. 22-0019/SAS) Attachments: DA Release Adopted 8.-6 Receive Petition and Order Public Hearing for Vacation of Drainage and Utility Easements, Lying Over, Under and Across Outlot A and Lot 1, Block 1, Green Meadows Addition, Vacation No. V22-02 Attachments: Julian Meadows petition 9290-DU Vacation Sketch Adopted 8.-7 Authorize Installation of Regulatory Signs Attachments: 2022 Regulatory Signs Maps 1 thru 15 Adopted 8.-8 Authorize a Professional Services Contract with Braun Intertec Corporation in the Amount of $100,652.00 for Pavement Condition Surveys, Improvement Project No. 22-07 Attachments: Contract Approved 8.-9 Approve Door Access Card Reader Upgrade Quote City of Blaine Page 3 City Council Minutes March 21, 2022 Attachments: Pro-Tec Design Quote Approved 8.-10 Approve Temporary Nursery Sales Licenses Approved 9. 7:30 P.M. - PUBLIC HEARING AND ITEMS PUBLISHED FOR A CERTAIN TIME None. 10. DEVELOPMENT BUSINESS 10.-1 Granting a Conditional Use Permit Amendment to Allow Additional Outside Storage Onsite In An I-2 (Heavy Industrial) Zoning District at 12325 Cloud Drive NE. Adolph’s Catalytic Converters (Case File No. 21-0088/SLK) Attachments: Attachments Unapproved PC Minutes 030822 City Planner Sellman stated the applicant is requesting to increase his existing outside storage in the rear yard of the site which was in an I-2 (Heavy Industrial) zoning district at 12325 Cloud Drive NE. The outside storage would consist of scrap metal, miscellaneous recycling materials and pallets stored to a height of approximately 12 feet. The outside storage is proposed to be under a canopy and adjacent to the canopy. Moved by Councilmember Robertson, seconded by Councilmember Massoglia, that Resolution No. 22-040, “Granting a Conditional Use Permit Amendment to Allow Additional Outside Storage Onsite In An I-2 (Heavy Industrial) Zoning District at 12325 Cloud Drive NE,” be approved. Motion adopted unanimously. Aye: 7 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 10.-2 Second 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 City of Blaine Page 4 City Council Minutes March 21, 2022 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. Moved by Councilmember Jeppson, seconded by Councilmember Smith, 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 approved. Motion adopted unanimously. Aye: 7 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 11. ADMINISTRATION 11.-1 2022 Board and Commission Mayoral Appointments Mayor Sanders reported the council would be postponing action on this item to the April 4, 2022, city council meeting. Postponed 11.-2 Second Reading Ordinance Amending Chapter 26, Elections, Sec. 26-1. Councilmember Election Wards Attachments: Council Recommended Option Redistricting Map Options 2022 State Reapportionment City Clerk 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 number of people. At the March 7 meeting, Council reviewed four options of proposed boundary maps. All met statutory requirements for boundaries and population and polling places have been identified for each precinct. While all options included an increase in the number of precincts from 25 to 27, based on the City’s projected growth this increase in precincts will adequately accommodate that projected growth. Ms. Sorensen reported based on these factors and upon review and City of Blaine Page 5 City Council Minutes March 21, 2022 discussion, Council held first reading of the proposed ordinance on ward boundaries outlined in Option 2B. As concluded upon at the workshop, staff will be scheduling a Charter Commission meeting later this year to discuss the possibility of redefining the current ward structure at some point in the future to create smaller wards that may be more neighborhood-based and provide more focused representation for residents. Consideration of any revised structure would be brought before the Council for review and approval and would include triggers such as population and full build-out. Mayor Sanders thanked the City Clerk and her team for all of their work on the redistricting. Moved by Councilmember Jeppson, seconded by Councilmember Robertson, that Ordinance 22-2499, “Ordinance Amending Chapter 26, Elections, Sec. 26-1. Councilmember Election Wards,” be approved. Motion adopted unanimously. Aye: 7 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 11.-3 Annual Polling Place Designations Attachments: Voting Precincts Ms. Sorensen stated State Statute requires the governing body of each municipality to designate polling place locations annually, even when no elections are regularly scheduled, as the requirement would apply to any special elections that may arise. A map was reviewed that identifies the city’s proposed (27) polling locations based on the new ward boundaries designated in the redistricting process. Adoption of this resolution fulfills the statutory requirement and ensures that designations are accurate for elections in 2022, starting with the August 9, 2022, primary election. A certified copy of the adopted resolution will be forwarded to both county auditors. She thanked GIS Manager Cory Richter for the extensive work provided to determine polling place designations. Moved by Councilmember Hovland, seconded by Councilmember Smith, that Resolution No. 22-041, “Annual Polling Place Designations,” be approved. Motion adopted unanimously. Aye: 7 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 11.-4 Accept Quotes for Playground Equipment from Landscape Structures and Playground Installation by Flagship Recreation at Happy Acres Park City of Blaine Page 6 City Council Minutes March 21, 2022 Attachments: Landscape Adventures Quote Happy Acres Playground Design Option 1 Flagship Quote Happy Acres Playground Installation Happy Acres Playground Equipment Design - Pallet Option 1 Senior Parks and Recreation Manager Krieger stated the City Council discussed the Happy Acres Playground replacement project at the December 6, 2021, Council meeting. The Council consensus was to move forward with the Happy Acres playground replacement project. During the January 19, 2022, Council meeting, Finance presented the preliminary Capital Improvement Program which included budgets for all projects proposed in 2022. The Council approved the 2022 Parks Capital Improvement Program budget which appropriated $100,000 for the Happy Acres playground replacement. Mr. Krieger reported the Parks and Recreation Department requested a quote for playground equipment provided by Landscape Adventures and playground installation by Flagship Recreation for Happy Acres Park. The quoted cost of the playground equipment is $66,242.80. The quoted cost of the installation is $24,550.53. Staff recommends accepting the quotes for a total project cost of $90,793.33 and include contingency not to exceed the capital budget appropriation of $100,000. Councilmember Hovland requested further information regarding the canopy that would be installed over the play structure. Mr. Krieger stated the canopy would be made of fabric and provide shade to the children using the play structure. Moved by Councilmember Massoglia, seconded by Councilmember Hovland, that Motion No. 22-063, “Accept Quotes for Playground Equipment from Landscape Structures and Playground Installation by Flagship Recreation at Happy Acres Park,” be approved. Motion adopted unanimously. Aye: 7 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 11.-5 Approve Traffic Control Signal Maintenance Agreement No. 1048971 with the State of Minnesota, Department of Transportation (MnDOT) for Traffic Control Signal System on Trunk Highway 10 South Ramps at Airport Road Attachments: Agreement City Engineer Schluender stated the State of Minnesota, Department of Transportation has been in the process of updating the existing signal maintenance agreements on all signals located within the State Right-of-Way. The city’s responsibilities as outlined in the agreement are City of Blaine Page 7 City Council Minutes March 21, 2022 the same as the existing agreement. The only change in the agreement is that the County has been removed. Moved by Councilmember Hovland, seconded by Councilmember Smith, that Resolution No. 22-042, “Approve Traffic Control Signal Maintenance Agreement No. 1048971 with the State of Minnesota, Department of Transportation (MnDOT) for Traffic Control Signal System on Trunk Highway 10 South Ramps at Airport Road,” be approved. Motion adopted unanimously. Aye: 7 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 11.-6 Terminate Intergovernmental Agreement with City of Circle Pines Attachments: Agreement 87th Ave Map Mr. Schluender stated an agreement was put in place in 1978 to address the construction of 87th Avenue. This portion of 87th Avenue was constructed to allow access to the Circle Pines neighborhood(s) and at that time the street did not provide any benefit to the properties in the City of Blaine. The agreement allowed the City of Circle Pines to construct and maintain 87th Avenue in accord with the agreement. In 2014, a private developer acquired the Kate Haven Golf Course, and the Weston Woods development was created. This development created two new street connections to 87th Avenue at Ghia Street and Frazier Street. As outlined in condition #3, the agreement was to be reconsidered by both parties. The City of Circle Pines fully reconstructed 87th Avenue in 2009 and is preparing to sealcoat the road this summer as a final maintenance measure. It is recommended that the agreement be terminated and that the City of Blaine accept this portion of 87th Avenue from Lexington Avenue east to the city limits as a city street and to begin maintenance in perpetuity as it now serves residents of Blaine. Councilmember Hovland asked if the areas in white along the road were trails or sidewalks. Mr. Schluender reported these were sidewalks. Councilmember Massoglia questioned if the houses on the right side were in Circle Pines. Mr. Schluender stated this was the case. Councilmember Massoglia inquired why the city didn’t want to continue to share the maintenance of this roadway given the fact the majority of the traffic would be Circle Pines traffic. Mr. Schluender stated he would be more than happy to recommend a counter to Circle Pines if this was the direction of the council. City of Blaine Page 8 City Council Minutes March 21, 2022 Councilmember Hovland clarified that when this road was put in, it was strictly servicing homes in Circle Pines. He indicated this was no longer the case because it was now servicing the development to the north. Moved by Councilmember Hovland, seconded by Councilmember Smith, that Resolution No. 22-043, “Terminate Intergovernmental Agreement with City of Circle Pines,” be approved. Motion adopted unanimously. Aye: 7 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 11.-7 Letter of Support for the National Rugby Center Attachments: Project Narrative Concept Plan Draft Letter of Support Community Development Director Thorvig stated in October 2020, staff provided information to the City Council regarding a proposal by a group looking to construct a rugby center at the National Sports Center (NSC). The City Council, by motion, directed staff to provide a letter of support for the project to assist the group in attempts to obtain financial support from the State of Minnesota and approval by the Minnesota Amateur Sports Commission (MASC) to locate the facility at the NSC. The group has asked for an updated letter of support to assist in current funding efforts at the state legislature. The proposed facility would be located at the northeast corner of the NSC property and would consist of three rugby fields and associated buildings to support the use. The proposed area has always been identified as future fields by the NSC. The soil conditions make it physically challenging and cost prohibitive to locate substantial structures on the property. Mr. Thorvig reported the minor league baseball stadium group that spoke with the City in early 2021 also identified this area for a potential stadium, however that group has not proceeded with any plans. The proposed rugby plan does not conflict with the City’s 105th Avenue redevelopment plan and is in an area that is identified as a “sports anchor”, whether it be baseball, rugby, or soccer. Ultimately, MASC has the final determination of who can utilize the space. It was noted the organizers of the rugby facility have been working with state elected officials to develop two bills seeking funding in the current legislative session. This funding, combined with corporate and private sponsorship funding, is critical to making the vision a reality. Providing a letter of support does not obligate the City to anything, including but not limited to, zoning approvals, funding, etc. The purpose of the letter of support is to assist in current funding efforts at the state level. City of Blaine Page 9 City Council Minutes March 21, 2022 Councilmember Robertson stated she was very appreciative that there was continued development and business interest in the City and thanked staff for all of their hard work. She commented she was concerned that the proposed use would compete with City’s other interests at the State level and there was a chance the City would not receive the full funding that has been requested for TH65. Mayor Sanders stated this was something the Council should be concerned with because TH65 was the City’s first priority and that economic vitality of the NSC was critical to the City’s success. He believed the manner in which the letter of support was drafted showed the Council’s support for the NSC. He commented he believed the rugby proposal was the best the City has seen to date. Councilmember Jeppson indicated she was frustrated when Blaine was compared to Maple Grove or Edina and felt Blaine was different and had been ignored for far too long. She stated Blaine was on the cusp of great things. She explained if the City did not ask the state for funding, the answer would always be no. Rather, the City has strategically asked for funding. She stated she wanted to support the NSC, TH65 and the rugby association in order to not hold the City back. Councilmember Hovland commented he was willing to support the rugby request. He asked if there was a growing interest in rugby at the high school or college level. Mayor Sanders stated it was his understanding the NSC site would be designed to be one of the largest conglomerations of pitches in the world. He indicated this would provide a location for large tournaments, possibly even international tournaments and the site would be significant to the rugby community. He explained there has been growth in sports like rugby and lacrosse. Councilmember Massoglia requested further information regarding the adaptive sports area. Mayor Sanders reported this area would be designed for rugby for people with disabilities. He noted the NSC was looking to improve its facilities in order to meet the needs of adaptive sports athletes. City Manager Wolfe stated there was a need in Minnesota for this type of space. Councilmember Massoglia explained he believed rugby would be a great fit for this area. Moved by Councilmember Hovland, seconded by Councilmember Jeppson, that Motion No. 22-064, “Letter of Support for the National Rugby Center,” be City of Blaine Page 10 City Council Minutes March 21, 2022 approved. Motion adopted unanimously. Aye: 7 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 11.-8 Resolution Supporting Housing and Local Decision-Making Authority Mr. Thorvig stated housing industry groups have recently attacked city land use tools such as Zoning and Planned Unit Developments (PUDs) or the Development Flex tool in Blaine. They have claimed incorrectly that these basic regulatory functions are prohibiting the building of more affordable housing stock when market factors such as labor costs, land, and materials are creating the market failures we see today. Mr. Thorvig reported HF 3256 was introduced at committee hearings on February 23, 2022. Concerns that the League of Minnesota Cities, Metro Cities, and individual cities have expressed and testified were reviewed with the council. The League of Minnesota Cities has drafted legislation that would advance solutions to local housing challenges without imposing one-size-fits-all mandates on cities with diverse housing needs. The Mayor has discussed this issue with several other mayors and has requested this resolution to be considered by the Blaine City Council. Adopting the resolution is consistent with two of Blaine’s legislative priorities which are to support local control and oppose efforts to mandate reduction in development and building fees. Moved by Mayor Sanders, seconded by Councilmember Hovland, that Resolution No. 22-044, “Resolution Supporting Housing and Local Decision-Making Authority,” be approved. Motion adopted unanimously. Aye: 7 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 11.-9 Emergency Declaration of Mayor Sanders, City of Blaine, Minnesota Attachments: Public Works Building - Emergency Declaration Finance Director Huss stated on Tuesday, March 15, 2022, there was a structure fire at a City of Blaine Public Works building. The structure fire resulted in significant damage to the building and the total loss of a vehicle. The structure fire specifically damaged the building’s alarm system, the air ducts, and ventilation system. On March 21, Mayor Sanders declared the situation to be a local emergency and signed the declaration. Pursuant to Minnesota statutes, the declaration remains in City of Blaine Page 11 City Council Minutes March 21, 2022 place for three days at which point the City Council must vote to extend the emergency. As it has been determined that the emergency will extend beyond three days, it is staff’s recommendation, with the concurrence of the city attorney, that the following resolution be adopted, extending the emergency declaration through April 4, 2022. Moved by Mayor Sanders, seconded by Councilmember Jeppson, that Resolution No. 22-045, “Emergency Declaration of Mayor Sanders, City of Blaine, Minnesota,” be approved. Motion adopted unanimously. Aye: 7 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland 12. OTHER BUSINESS None. 13. ADJOURNMENT Moved by Councilmember Robertson, seconded by Councilmember Hovland, to adjourn the meeting at 8:20PM. Motion adopted unanimously. Aye: 7 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith, Mayor Sanders and Hovland City of Blaine Page 12