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, April 4, 2022 7:30 PM Council Chambers 1. CALL TO ORDER BY THE MAYOR The meeting was called to order at 7:36PM 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; City Planner Sheila Sellman; Public Works Director Jon Haukaas; Deputy Chief Dan Pelkey; Finance Director Joe Huss; City Engineer Dan Schluender; City Attorney Chris Nelson; Communications Manager Ben Hayle; Community Development Specialist Elizabeth Showalter; and City Clerk Catherine Sorensen. Present: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders Absent: 1 - Hovland 4. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS 4.-1 Recognition of Adjunct Board/Commission Member Drew Brown Mayor Sanders recognized the service and contributions of Drew Brown, Adjunct Board and Commission member since 2019. It was noted Drew City of Blaine Page 1 City Council Minutes April 4, 2022 Brown was appointed by the City Council in 2019 as the City’s first Adjunct Member for Blaine Boards and Commissions. Mayor Sanders explained since Member Brown’s appointment he has attended well over 200 meetings of the Planning Commission, Park Advisory Board, Traffic Commission, Natural Resources and Conservation Board, and City Council meetings. He has actively participated and shared his input on numerous proposed projects and listened to public feedback during countless public hearings. He has also served the City as head election judge since 2020 and his input has been invaluable, and he helped shape this program for future students. Mayor Sanders said the City is truly grateful for Member Brown’s service to Blaine residents and wished him the best in this next chapter. A standing ovation and round of applause was offered by all in attendance. Drew Brown thanked former Mayor Tom Ryan and Council for all of their support. He thanked staff for all of their support and stated he appreciated being part of his local government. Mayor Sanders presented Adjunct Member Brown with a plaque on behalf of the City of Blaine. Informational: no action required 5. COMMUNICATIONS None. 6. OPEN FORUM Mayor Sanders opened the Open Forum at 7:40PM. There being no input, Mayor Sanders closed the Open Forum at 7:41PM. 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 Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 8.-1 Schedule of Bills Paid City of Blaine Page 2 City Council Minutes April 4, 2022 Attachments: March 11, 2022 Bills Paid March 11, 2022 Subset of Bills Paid March 18, 2022 Bills Paid March 18, 2022 Subset of Bills Paid Approved 8.-2 Approval of Minutes Attachments: 03-21-22 Closed Workshop - Labor Negotiations - Captains 03-21-22 Workshop Minutes 03-21-22 Council Minutes Approved 8.-3 Authorize Purchase of Road Chemicals for 2022 Approved 8.-4 Approve 2022-2023 Kennel Licenses Approved 8.-5 Approve 2022-2023 Vending Truck Licenses Approved 8.-6 Approve Annual Payment of JLEC Shared Costs for PSDS Approved 8.-7 Receive Petition and Order Public Hearing for Vacation of Drainage and Utility Easements, Lot 2 and Lot 3, Block 1, Cloverleaf Commons, Vacation No. V22-03 Attachments: Petition signed vacation exhibit Adopted 8.-8 Approve Premise Permit for lawful gambling activity for Centennial HS Football Boosters at Applebee’s Neighborhood Grill and Bar, 4345 Pheasant Ridge Drive NE #202, Blaine MN Attachments: Lease for Lawful Gambling Premise Permit Application Adopted City of Blaine Page 3 City Council Minutes April 4, 2022 8.-9 Declare Cost to be Assessed, Order Preparation and Call for Hearing on Proposed Assessment for 2021 Polk Street Area Street Reconstructions, Improvement Project No. 19-16 Attachments: 19-16 Final Assessment Roll Location Map Adopted 9. 7:30 P.M. - PUBLIC HEARING AND ITEMS PUBLISHED FOR A CERTAIN TIME None. 10. DEVELOPMENT BUSINESS 10.-1 Granting a Preliminary Plat to Create One Lot and Two Outlots to be Known as Davis Partners at 12191 Ulysses St NE. Davis Partners/Blaine Specialty Center (Case File No. 22-0013/SAS) Attachments: Attachments Unapproved PC Minutes 030822 Ms. Sellman stated the applicant, Mark Davis, is proposing to subdivide Donnay’s Park Outlot B into one lot and 2 outlots. The proposed plat creates one lot for an office medical building and two outlots for future development. The site is bare vacant land. All proposed lots meet the minimum requirement for the B-3 zone. It was noted the Planning Commission reviewed this item and recommended approval. Moved by Councilmember Robertson, seconded by Councilmember Jeppson, that Resolution No. 22-049, “Granting a Preliminary Plat to Create One Lot and Two Outlots to be Known as Davis Partners at 12191 Ulysses St NE,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10.-2 Granting a Conditional Use Permit Amendment to Allow for Additional Classrooms for an Educational Use in a B-2 (Community Commercial) Zoning District at 8710 Central Avenue NE. Darul Arqam Center of Excellence (Case File No. 22-0004/SAS) Attachments: Attachments Unapproved PC Minutes 030822 Ms. Sellman stated the applicant is requesting a conditional use permit City of Blaine Page 4 City Council Minutes April 4, 2022 amendment to allow for classrooms in the upper level of their building. Their current conditional use permit specifically allows for classrooms in the lower level. It was noted the Planning Commission reviewed this item and recommended approval. Moved by Councilmember Robertson, seconded by Councilmember Jeppson, that Resolution No. 22-050, “Granting a Conditional Use Permit Amendment to Allow for Additional Classrooms for an Educational Use in a B-2 (Community Commercial) Zoning District at 8710 Central Avenue NE,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10.-3 Granting Preliminary Plat Approval to Subdivide Approximately 1.16 Acres into Three Lots to be Known as Alexander Woods Fourth Addition at 1000 113th Avenue NE. Monti Gesino/Carlson McCain (Case File No. 22-0011/EES) Attachments: Attachments Unapproved PC Minutes 030822 Ms. Sellman stated the plat proposes to subdivide 1.2 acres into three lots, for a net density of 2.5 units per acre, meeting the Low Density Residential land use designation. All three lots will access Fillmore Street, as was shown in the ghost plat for this parcel when it was previously subdivided. The lot for the existing home is proposed to be approximately 90 feet wide and 28,000 square feet in area. The lots for the two new homes are smaller with a minimum width of 65 feet and area of 9,834 square feet. These lot sizes are slightly larger than the lots in Alexander Woods. Moved by Councilmember Smith, seconded by Councilmember Massoglia, that Resolution No. 22-051, “Granting Preliminary Plat Approval to Subdivide Approximately 1.16 Acres into Three Lots to be Known as Alexander Woods Fourth Addition at 1000 113th Avenue NE,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10.-4 Granting Conditional Use Permit to Allow for the Construction of Two Single Family Homes in a DF (Development Flex) Zoning District at 1000 113th Avenue NE. Alexander Woods Fourth Addition (Monti Gesino/Carlson McCain) (Case File No. 22-0011/EES) Attachments: Attachments Unapproved PC Minutes 030822 City of Blaine Page 5 City Council Minutes April 4, 2022 Ms. Sellman stated the applicant is requesting a Conditional Use Permit to establish standards for the construction of two homes in the Development Flex zoning district. The proposed standards are similar to what has been approved in the neighboring subdivision. A Conditional Use Permit (CUP) is necessary to set up the standards of development in the DF (Development Flex) zoning district. This is consistent with every DF zoning district within the city. Moved by Councilmember Massoglia, seconded by Councilmember Jeppson, that Resolution No. 22-052, “Granting Conditional Use Permit to Allow for the Construction of Two Single Family Homes in a DF (Development Flex) Zoning District at 1000 113th Avenue NE,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 10.-5 Granting a Conditional Use Permit to Operate a Home Occupation in an FR (Farm Residential) Zoning District at 11662 Lexington Avenue NE. Reliable Garage Door (Case File No. 22-0010/SAS) Attachments: Attachments Unapproved PC Minutes 030822 Ms. Sellman stated a complaint was filed with the City regarding a business operation at 11662 Lexington Avenue NE and the owner was directed to apply for a Conditional Use Permit (CUP) for a home occupation. Scott Hill, the applicant, explained this is a satellite location for his construction business (Reliable Garage Door). According to the applicant’s narrative he bought this property in 2010 and has restored the property to raise his family. It is unclear whether he checked with the City to determine if the business use was allowed at the property. The property is zoned Farm Residential and is 19.5 acres. The property consists of a single-family residence with a house, a large outbuilding and a covered structure. Ms. Sellman explained the requested CUP is for a satellite location for the applicant’s construction business. Specifically, the outbuilding houses garage doors and other construction materials related to the business. Two roll-off dumpsters will be stored on the west side of the outbuilding (they are onsite now). The dumpsters will be used to recycle metal and dispose of non-hazardous construction waste. In addition, three vehicles (truck, van, trailer) are proposed to be stored overnight adjacent to the outbuilding on an unapproved surface. As proposed, up to six business related visits will occur to the site up to five days a week. Most visits are one-hour or less between the hours of 7:00AM to 5:00PM Monday through Friday. It should be noted that the applicant is using the site for his business. He does not live at the subject site. Staff commented City of Blaine Page 6 City Council Minutes April 4, 2022 further on CUP requirements and reported the proposed home occupation was commercial in nature and was not keeping with the character of the neighborhood. It was noted staff does not support the requested CUP. Councilmember Robertson recused herself from this item. Mayor Sanders discussed the manner in which the Lexington Avenue corridor was developing and reported this property was not in line with the direction the corridor was moving. Councilmember Smith agreed stating this use was inconsistent with the area. Councilmember Massoglia stated he would support the CUP. He indicated this was a big enough property where the business was not going to bother the surrounding properties. He discussed the other businesses and commercial uses that were operating on the properties along Lexington Avenue and asked if a time limit could be set on the proposed use. Ms. Sellman explained CUP’s run with the land and time limits are not set. She reported if the Council wanted to put a time limit in place, an interim use permit would have to be considered. Mayor Sanders explained this property was sandwiched between other residential properties with houses and a church. He indicated there were no other properties surrounding this site that was operating a commercial use. Councilmember Massoglia stated he would support an interim use permit for the applicant. Councilmember Paul requested further information regarding the planning commissions recommendation. Ms. Sellman explained the planning commission recommended approval of the CUP with no outdoor storage and the applicant supported this, along with a limited number of trips from employees each day. Councilmember Paul questioned if the business could grow in the future. Ms. Sellman reported the site was being used as a satellite location for the business at this time and no expansions were being proposed. Councilmember Paul asked what the zoning was for the surrounding properties. Ms. Sellman reviewed the zoning for each of the surrounding properties. City of Blaine Page 7 City Council Minutes April 4, 2022 Councilmember Paul supported the Council approving the CUP in order to allow the business to function with no outdoor storage. City Attorney Nelson reported four affirmative votes would be required to approve the conditional use permit. Councilmember Jeppson indicated she would be opposing the request. She explained the property owner had an extensive list of findings in a very short amount of time. She noted the business owner no longer lives in the home. She reported this was a residential property and not a commercial property. Moved by Councilmember Massoglia, seconded by Councilmember Jeppson, that Resolution No. 22-053, “Granting a Conditional Use Permit to Operate a Home Occupation in an FR (Farm Residential) Zoning District at 11662 Lexington Avenue NE,” be approved. Motion failed 2-3 (Councilmembers Jeppson, Smith and Mayor Sanders opposed). Aye: 2 - Councilmember Paul and Councilmember Massoglia Nay: 3 - Councilmember Jeppson, Councilmember Smith and Mayor Sanders Abstain: 1 - Councilmember Robertson 10.-6 First Reading Granting a Code Amendment to Section 33.17, Height Limitations of the Zoning Code Related to Setbacks for Communication Antennae. City of Blaine (Case File No. 22-0009/EES) Attachments: Unapproved PC Minutes 030822 Ms. Sellman stated staff is proposing amendments to the regulations for communication antennae including modifications to setback requirements, clarification of regulations for antennae under 50 feet in height, allowance for temporary cell towers for special events, and standards for antennae located on buildings. Declared by Mayor Sanders that Ordinance No. 22-2500, “Granting a Code Amendment to Section 33.17, Height Limitations of the Zoning Code Related to Setbacks for Communication Antennae,” be introduced and placed on file for second reading at the April 18, 2022 Council meeting. 11. ADMINISTRATION 11.-1 2022 Board and Commission Mayoral Appointments City Clerk Sorensen stated the board and commission appointment process was amended in 2020 by removing the process from City code City of Blaine Page 8 City Council Minutes April 4, 2022 and establishing a Council policy to allow for flexibility in the future. Since then, Council has evaluated the policy and concluded further revisions could be made, including reducing the number of members on the Natural Resources Conservation Board from 11 to 9 as two members are not renewing for 2022 and amending terms from three 2-year terms to a maximum of two 3-year terms. These changes have been included in the amended Council policy and will be incorporated by resolution as needed, as well as allowing each Board and Commission to designate their Chair/Vice Chair annually. She said 11 outstanding candidates applied for vacancies then announced the Mayor appointments as follows for terms to expire March 2025: Natural Resources Conservation Board - Gene Rafferty and Carolyn Panning; Park Advisory Board - Chris Ford (move from Traffic Commission), Jess Lester, Kristofer Paulseth and Tonya Lizakowski; Planning Commission - Nicole Swanson, John Gorzycki (March 2023), Lauren Patrin Deonauth, Terri Homan, Jason Halpern, and Alan Goracke; Traffic Commission - Todd Haas, Terry Wold, Loren Hill, Mark Wifler reappointed and no new appointments made at this time until further direction on format; Senior Advisory Board - Diane Haugen and Jane Conley, 2-year terms to expire January 2023; Adjunct Members - Isabel Hobot (reappointment). Mayor Sanders thanked all members of the public that applied for the open board and commission positions. Moved by Councilmember Robertson, seconded by Councilmember Massoglia, that Motion 22-071, “2022 Board and Commission Mayoral Appointments,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 11.-2 Appoint the City’s Federal Lobbying Firm and Approve Professional Services Contract Attachments: Federal Lobbying Services RFP Proposal from The Ferguson Group 2022 TFG Grant Services City Manager Wolfe asked the Council to appoint the City’s federal lobbying firm and to approve a one-year contract for professional services. She explained the City’s top priority for lobbying for legislative efforts has been TH65 improvements. She noted the City has had success with a state lobbying firm and would therefore like to pursue a federal lobbying firm given the scope and expense of the TH65 improvement project. She discussed the RFP process that was followed and noted the City received seven excellent proposals. Staff commented further on the interviews that were held and recommended a contract be City of Blaine Page 9 City Council Minutes April 4, 2022 pursued with the Ferguson Group for advocacy and grant support services. Mayor Sanders reported the size and cost of this project was tremendous. He appreciated the success the City was having at the state level, but noted the City still needed $120 million in order to fix TH65. He explained the City needed to be able to apply for federal grant dollars in order to receive additional assistance from the federal government and the Ferguson Group would be able to assist the City with this. Councilmember Smith stated while he understood TH65 was the priority, he requested that other grant opportunities also be considered, such as for a new skate park. Mayor Sanders thanked Councilmember Smith for this recommendation. Councilmember Robertson discussed how much the City was working to improve TH65. She reported the City Council was working diligently with local representatives in order to receive enough funding for this project. She stated she looked forward to working with this organization in order to keep moving this project forward. Mayor Sanders thanked Councilmember Jeppson for speaking about this topic recently in the news. Councilmember Paul stated he understood TH65 was a priority for the City. He commented on how long it took for I-35W to be redone from Roseville to Lino Lakes. He questioned if the consulting work would be completed by one, two or three people within the consulting firm. Mayor Sanders reported the consulting firm was quite large and had 60 members. Moved by Councilmember Robertson, seconded by Councilmember Jeppson, that Motion 22-072, “Appoint the City’s Federal Lobbying Firm and Approve Professional Services Contract,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 12. OTHER BUSINESS Mayor Sanders let the public know that Councilmember Hovland’s wife recently passed away. He sent his deepest condolences to Councilmember Hovland and his entire family. 12.-1 A Resolution Accepting Resignation and Declaring a Vacancy City of Blaine Page 10 City Council Minutes April 4, 2022 Councilmember Smith announced he would be resigning from the City Council effective immediately as he has moved out of his ward. He stated he was sad to move out of the community because Blaine has been his home for the past 20 years. He explained he felt really good about all of the work that has been done by the City Council in the past year. He indicated it has been his honor to represent the City of Blaine. Mayor Sanders thanked Councilmember Smith for his service to the City of Blaine. He reported Councilmember Smith was extremely intelligent and thoughtful and appreciated his numerous contributions to the City. Mayor Sanders outlined the process for filling the vacancy through a special election in November and appointing an individual to serve in the interim until December 31, 2022, when a new member is elected. He reported the Council will be discussing the Council appointment at a special workshop meeting in order to make an appointment in May. Councilmember Robertson asked when candidates could file for the 2022 election. Ms. Sorensen reported this would begin on May 17, 2022. Councilmember Jeppson asked if the Council would be making an appointment for this position, or would the Council be taking applications. Ms. Sorensen explained the Council can determine the process for filling this vacancy until someone is elected. She reported this meant the Council could make an appointment or interviews could be held. Councilmember Jeppson indicated the interview process would take longer to complete versus the Council making an appointment. Mayor Sanders reported the Council could hold a special worksession, take applications April 5 through April 12 and interviews could be held the following week. Councilmember Massoglia questioned what the legal requirement was to fill this seat. Ms. Sorensen explained the Council had to fill the seat within 45 days of declaring the vacancy. Mr. Nelson indicated the Council could accept the resignation this evening and noted the 45 day clock would start once the Council adopts a resolution declaring the vacancy. It was noted this could be done this evening or on April 18. Councilmember Robertson reported her inclination was to follow the most transparent process for appointing a new Councilmember. She stated it was rare that a Council got the opportunity to appoint a member and in order to make the process clear for the public, she supported the City of Blaine Page 11 City Council Minutes April 4, 2022 Council requesting applications and holding interviews before making an appointment. Ms. Wolfe commented from a transparency standpoint, if the resignation was received tonight, the Council could wait until April 18 to declare the vacancy if they wanted more time to understand or determine the process. Councilmember Jeppson supported the Council having an appointment made prior to May 17 when candidates would file for the November election. Councilmember Robertson questioned if the City could accept applications for the vacancy if the vacancy was not declared until April 18. Ms. Sorensen reported information could be provided to the public regarding the vacancy noting the Council would be declaring the vacancy in two weeks. Mr. Nelson reiterated that resolutions require four affirmative votes and noted there may be a desire to fill the vacancy sooner rather than later. Councilmember Jeppson asked if declaring the vacancy required an official motion and second. Mayor Sanders reported this was the case. He indicated the Council could call a special City Council meeting on Monday, April 11 to declare the vacancy. Ms. Sorensen stated it may be best for the Council to accept the resignation and declare the vacancy at this meeting in order to move the process along, call for a special election for November 8, 2022, for a two-year term for Ward 1, and announce a process to fill the vacancy until the special election occurs. The Council accepted Councilmember Smith’s resignation. Mayor Sanders reported all applicants for this vacant seat would have to live within the new boundaries for Ward 1. Moved by Councilmember Robertson, seconded by Councilmember Jeppson, that Motion 22-054, “Accepting Resignation and Declaring a Vacancy in Council Ward 1,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders 13. ADJOURNMENT City of Blaine Page 12 City Council Minutes April 4, 2022 Moved by Councilmember Robertson, seconded by Councilmember Smith, to adjourn the meeting at 8:40PM. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Councilmember Smith and Mayor Sanders City of Blaine Page 13