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, May 2, 2022 7:30 PM Council Chambers 1. CALL TO ORDER BY THE MAYOR The meeting was called to order at 7:34PM 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, and Jess Robertson. ABSENT: None. Quorum Present. ALSO PRESENT: City Manager Michelle Wolfe; Community Development Director Erik Thorvig; City Planner Sheila Sellman; Public Works Director Jon Haukaas; Deputy Police Chief Dan Pelkey; Police Captain Joe Gerhard; Interim Fire Chief Dan Retka; Finance Director Joe Huss; City Engineer Dan Schluender; City Attorney Chris Nelson; Senior Parks and Recreation Manager Jerome Krieger; Chief Building Official Dan Hauck; and City Clerk Catherine Sorensen. Present: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Mayor Sanders and Hovland 4. AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS 4.-1 Declaring May as National Building Safety Month Attachments: Proclamation Mayor Sanders read a proclamation in full for the record declaring May to be building safety month in the City of Blaine. City of Blaine Page 1 City Council Minutes May 2, 2022 Chief Building Official Hauck thanked the Council for recognizing National Building Safety Month. He discussed how important building codes were to ensure construction projects are built to national recognized standards. He commented in the past five years Blaine has had $1.3 billion in new construction which equated to 1,600 new homes and 160,000 inspections. He thanked his great team of inspectors and permit techs for all they do on behalf of the community. Informational: no action required 5. COMMUNICATIONS Mayor Sanders commented earlier this year a councilmember from Ward 1 resigned and moved out of the city which left a vacancy that had to be filled. He reported the council took applications to fill this seat and interviews were held. He explained after holding interviews and further consideration from the council, Tom Newland would be nominated to fill the vacancy in Ward 1. He stated the council would take action on this nomination on May 16 and Mr. Newland would serve through the end of 2022. It was noted a special election would be held in November to fulfill the remainder of this term. Councilmember Massoglia thanked everyone that applied for this opening and stated he supported the appointment of Tom Newland to the Ward 1 vacancy. 6. OPEN FORUM Mayor Sanders opened the Open Forum at 7:48PM. Brian Kocher, resident of Blaine, encouraged the city to support the No Mow May Initiative to encourage sustainability, to protect local pollinators and to not enforce the long grass regulation until June 1. He commented on the number of communities that were participating in this initiative and stated he saw great benefits to this program when he participated last year. There being no input, Mayor Sanders closed the Open Forum at 7:51PM. 7. ADOPTION OF AGENDA The agenda was adopted as amended removing Item 8.12 from the consent agenda. Adopted the Consent Agenda 8. APPROVAL OF CONSENT AGENDA: City of Blaine Page 2 City Council Minutes May 2, 2022 Moved by Councilmember Jeppson, seconded by Councilmember Hovland, that the following be approved: Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Mayor Sanders and Hovland 8.-1 Schedule of Bills Paid Attachments: April 8, 2022 Bills Paid April 8, 2022 Subset of Bills Paid April 15, 2022 Bills Paid April 15, 2022 Subset of Bills Paid Approved 8.-2 Approval of Minutes Attachments: 04-11-22 Workshop Minutes 04-18-22 Closed-Workshop Minutes 04-18-22 Council Minutes Approved 8.-3 Approve Temporary Road Closure for Memorial Day Ceremony Attachments: VMP Memorial Day Set-up 2022 VMP Memorial Day Flyer Approved 8.-4 Granting Final 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. 22-0027/EES) Attachments: Attachments Adopted 8.-5 Granting Final Plat Approval to Subdivide 8.97 Acres into 29 Single Family Lots and One Outlot to be Known as Oakwood Ponds 6th Addition at 127th Lane NE and Stutz Street NE. Twin Cities Land Development (Case File No. 22-0031/SLK) Attachments: Attachments Adopted City of Blaine Page 3 City Council Minutes May 2, 2022 8.-6 Releasing Outlot A, Parkside North 9th Addition from Recorded Development Agreement (Case File No. 22-0032/SLK) Attachments: Zoning and Location Map DA Release Document Adopted 8.-7 Granting a Conditional Use Permit for Rental of One Moving Truck in a B-2 (Community Commercial) Zoning District at 8833 Central Avenue NE. Minutemen Haulers (Case File No. 22-0018/SAS) Attachments: Attachments Unapproved PC Minutes 041222 Adopted 8.-8 Approve Plans and Specifications and Order Advertisement for Bids for the Hidden Oaks Area Street Reconstructions, Improvement Project No. 22-06 Attachments: Hidden Oaks Area Location Map Adopted 8.-9 Receive Petition and Order Public Hearing for Vacation of Public Right-of-Way Easement, 123rd Avenue NE, East of Ulysses Street and West of Highway 65, Vacation No. V22-04 Attachments: Petition 123rd Avenue Right of Way 123rd Ave Right-of-Way Vacation Exhibit Adopted 8.-10 Receive Petition and Order Public Hearing for Vacation of Drainage and Utility Easement, Lot 14, Block 5, Alexander Woods Addition, Vacation No. V22-05 Attachments: Petition Alexander Woods 4th - Vacation Sketch Adopted 8.-11 Declaring Surplus Property and Authorizing Sale, Donation, and/or Disposal Thereof Attachments: Surplus Property List Adopted 8.-12 Resolution Adopting the Fencing Consortium Joint Powers City of Blaine Page 4 City Council Minutes May 2, 2022 Agreement Attachments: C FC5 Resolution_Adopting_the_Fencing_Consortium_JPA.DOCX To 5/16/22 Postponed 9. 7:30 P.M. - PUBLIC HEARING AND ITEMS PUBLISHED FOR A CERTAIN TIME 9.-1 Vacation of Drainage and Utility Easements, Lot 2 and Lot 3, Block 1, Cloverleaf Commons, Vacation No. V22-03 Attachments: Petition signed vacation exhibit City Engineer Schluender stated the City received a petition dated March 16, 2022 from SEQR Blaine LLC, requesting the vacation of the existing drainage and utility easements along the shared lot line and along the northern portion of Lot 2 and Lot 3, Block 1, Cloverleaf Commons; according to the recorded plat thereof, Anoka County, Minnesota, as shown in Exhibit A. The property was originally platted as Lot 2 and Lot 3, Block 1 Cloverleaf Commons. The two properties are being combined into one parcel. The current drainage and utility easements are no longer needed. Engineering staff has reviewed the request and is in agreement with the vacation. Mayor Sanders opened the public hearing at 7:53PM. There being no additional public input, Mayor Sanders closed the public hearing at 7:53PM. Moved by Councilmember Robertson, seconded by Councilmember Jeppson, that Resolution No. 22-076, “Vacation of Drainage and Utility Easements, Lot 2 and Lot 3, Block 1, Cloverleaf Commons,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Mayor Sanders and Hovland 9.-2 Granting a Conditional Use Permit to Allow Indoor Recreation and Non-Classroom Personalized Instructional Services for an Athletic Training Facility in a PBD (Planned Business District) Zoning District at 3890 Pheasant Ridge Drive NE, #180. TPH Blaine LLC (Case File No. 22-0028/SAS) Attachments: Attachments City Planner Sellman stated the CUP request is for indoor recreation and non-classroom personalized instruction services for an athletic training City of Blaine Page 5 City Council Minutes May 2, 2022 facility. The facility will be for multiple sports including hockey and baseball. The facility will be used for training and online academics. They will use the National Sports Center, NSC, for some of the hockey training and will provide transportation. No site improvements are proposed only a tenant build out. Necessary building permits will need to be applied for. Matt Cook, Total Package Hockey (TPH) representative, explained he would be involved in TPH Blaine. He noted he grew up in Ontario and played in the NHL for 17 years. He reported he moved his family to play for the Minnesota Wild in 2013 and he has since retired. He discussed how the TPH model was gaining interest and commented on how this program would assist athletes in the community. Councilmember Robertson stated the city of Blaine was becoming a sports mecca and she believed this business would be a great addition to the community. Mr. Cook discussed the partnership he was pursuing with the NSC and noted off-peak ice time would be used for TPH. He stated more discussions would be held with the baseball and figure skating community. Mayor Sanders opened the public hearing at 7:59PM. There being no additional public input, Mayor Sanders closed the public hearing at 7:59PM. Councilmember Hovland stated he fully supported this request. Moved by Councilmember Robertson, seconded by Councilmember Hovland, that Resolution No. 22-077, “Granting a Conditional Use Permit to Allow Indoor Recreation and Non-Classroom Personalized Instructional Services for an Athletic Training Facility in a PBD (Planned Business District) Zoning District at 3890 Pheasant Ridge Drive NE, #180,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Mayor Sanders and Hovland 9.-3 Granting a Conditional Use Permit to Occupy and Operate a Mental Health Therapy Use (Medical Office) Focused on Children and Adolescents in a PBD (Planned Business District) Zoning District at 3629 95th Avenue NE. MedWay Support Services (Case File No. 22-0026/SLK) Attachments: Attachments Ms. Sellman stated Medway Support Services is proposing a medical type office for mental health therapy focused on children and adolescents. Counselors and care providers will teach coping and City of Blaine Page 6 City Council Minutes May 2, 2022 personal management skills in a classroom setting to patients. The therapy will help patients develop skills to manage various mental health challenges ranging from autism to a variety of mental health diagnoses. Mayor Sanders opened the public hearing at 8:01PM. There being no additional public input, Mayor Sanders closed the public hearing at 8:01PM. Moved by Councilmember Robertson, seconded by Councilmember Jeppson, that Resolution No. 22-078, “Granting a Conditional Use Permit to Occupy and Operate a Mental Health Therapy Use (Medical Office) focused on Children’s and Adolescents in a PBD (Planned Business District) Zoning District at 3629 95th Avenue NE,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Mayor Sanders and Hovland 10. DEVELOPMENT BUSINESS 10.-1 Granting a Conditional Use Permit Amendment to Construct a 578 Square Foot Addition to a Food Shelf Associated with a Church in an R-1 (Single Family) Zoning District at 804 131st Avenue NE. Way of the Lord Church (Case File No. 22-0022/EES) Attachments: Attachments Unapproved PC Minutes 041222 Ms. Sellman stated the subject property is zoned R-1 (Single Family) and guided LDR (Low Density Residential). Religious institutions are a conditional use in this zoning district. Way of the Lord Church is requesting a conditional use permit amendment for an addition to their existing food shelf building. Staff commented further and reported the planning commission recommends approval. Moved by Councilmember Hovland, seconded by Councilmember Massoglia, that Resolution No. 22-079, “Granting a Conditional Use Permit Amendment to Construct a 578 Square Foot Addition to a Food Shelf Associated with a Church in an R-1 (Single Family) Zoning District at 804 131st Avenue NE,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Mayor Sanders and Hovland 10.-2 First Reading Granting a Rezoning from FR (Farm Residential) to DF (Development Flex) at 2741 and 2775 125th Avenue NE. Meadowland Estates West (Herbst Raich Investments, LLC) (Case City of Blaine Page 7 City Council Minutes May 2, 2022 File No. 22-0014/SLK) Attachments: Attachments Unapproved PC Minutes 041222 Ms. Sellman stated Meadowland Estates West is an 18-lot single-family subdivision. The development requires a rezoning, conditional use permit and preliminary plat, and is generally consistent with the adjacent developments. Declared by Mayor Sanders that Ordinance No. 22-2501, “Granting a Rezoning from FR (Farm Residential) to DF (Development Flex) at 2741 and 2775 125th Avenue NE,” be introduced and placed on file for second reading at the May 16, 2022 Council meeting. 10.-3 First Reading Granting Code Amendments to Section 33.05 Lot Provisions, 33.08 Fences, 33.11 Permitted Encroachments-Yards, 82-231 Declaration of a Nuisance, 82-232 of the City Code Related to Site Distance Triangle. City of Blaine (Case File No. 22-0020/SAS) Attachments: Unapproved PC Minutes 041222 Public Comment Ms. Sellman stated the proposed code amendments provide language to allow objects that are 75% transparent be located in the site distance triangle and language for violation enforcement. Declared by Mayor Sanders that Ordinance No. 22-2502, “Granting Code Amendments to Section 33.05 Lot Provisions, 33.08 Fences, 33.11 Permitted Encroachments-Yards, 82-231 Declaration of a Nuisance, 82-232 of the City Code Related to Site Distance Triangle,” be introduced and placed on file for second reading at the May 16, 2022 Council meeting. 11. ADMINISTRATION 11.-1 Authorize Change Order No. 1 and 2 in the Amount of $140,919.14 for the Aurelia Park Stormwater Retrofit Project, Improvement Project No. 19-42 Attachments: Payment 3 - Change Order 1 and 2 - JACON Mr. Schluender stated at the November 1, 2021 council meeting the City Council awarded the bid for the Aurelia Park Pond Construction project to Jacon LLC with Resolution 21-208. The project consists of the excavation of a new storm water pond located in Aurelia Park, including site grading, pipe and structure installation, tree removal and replacement and restoration. Staff commented further on the expense for the work that needed to be done and recommended approval of the City of Blaine Page 8 City Council Minutes May 2, 2022 change order. Councilmember Robertson asked if this additional expense would impact the grant or JPA. Mr. Schluender stated the original funding for the grant would not be jeopardized. Councilmember Robertson questioned where this debris had come from. Mr. Schluender explained staff was uncertain where the debris and construction material had come from. Moved by Councilmember Jeppson, seconded by Councilmember Robertson, that Motion 22-088, “Authorize Change Order No. 1 and 2 in the Amount of $140,919.14 for the Aurelia Park Stormwater Retrofit Project, Improvement Project No. 19-42,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Mayor Sanders and Hovland 11.-2 Approve Purchase of Replacement Spray Patching Machine Attachments: Quote Public Works Director Haukaas stated this action requests approval to purchase a replacement unit for the asphalt spray patching machine that was a total loss after the fire at the Public Works building on March 15, 2022. The Public Works department has been using a 2002 Rosco spray injection patcher for many years to perform minor pothole repairs throughout the year. This unit allows a single employee to repair small holes at all times of the year by spraying a mixture of asphalt emulsion and aggregate to fill minor holes. We can address these minor repairs early before they expand to bigger problem areas. Larger potholes typically require a full crew and hot mix asphalt only available from approximately May to October. Staff commented further on the request and recommended approval. Moved by Councilmember Jeppson, seconded by Councilmember Hovland, that Motion 22-089, “Approve Purchase of Replacement Spray Patching Machine,” be approved. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Mayor Sanders and Hovland 11.-3 First Reading Amendment to Chapter 6, Alcoholic Beverages, Article II. - Intoxicating Liquor and 3.2 Percent Malt Liquor, Sec. 6-33, Definitions. Restaurant City of Blaine Page 9 City Council Minutes May 2, 2022 City Clerk Sorensen stated council is asked to hold the first reading of an amendment to the definition of a restaurant in Chapter 6, Sec. 6-33, to match statute that would allow for different food options in conjunction with an on-sale liquor license. Staff has been approached by a group who would like to open a self-serve tap wall location that would serve craft beer, wine, and possibly pre-mixed cocktails. Their business will utilize IpourIt, a technology that allows customers to self-pour alcohol once scanning of their government-issued ID is done for age verification. The technology will automatically limit self-pours to a predetermined amount after which the customer must check with a manager to be reactivated for more to ensure overserving/underage serving does not occur. While the tap wall will be a first in Blaine, this concept has been successful in other cities and, after review, staff is comfortable with the overall concept. Staff will review the applicant’s alcohol service policy once submitted to ensure sufficient controls are in place surrounding the self-serve mechanism. Declared by Mayor Sanders that Ordinance No. 22-2503, “Amendment to Chapter 6, Alcoholic Beverages, Article II. – Intoxicating Liquor and 3.2 Percent Malt Liquor, Sec. 6-44, Definitions. Restaurant,” be introduced and placed on file for second reading at the May 16, 2022 Council meeting. 12. OTHER BUSINESS None. 13. ADJOURNMENT Moved by Councilmember Hovland, seconded by Councilmember Robertson, to adjourn the meeting at 8:12PM. Motion adopted unanimously. Aye: 6 - Councilmember Jeppson, Councilmember Robertson, Councilmember Paul, Councilmember Massoglia, Mayor Sanders and Hovland City of Blaine Page 10