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File #: MIN 11-0011    Version: 1 Name: 2011 Council 9-01-11
Type: Minutes Status: Filed
File created: 9/15/2011 In control: City Council
On agenda: 9/15/2011 Final action: 9/15/2011
Title: City Council Minutes for September 1, 2011
Sponsors: Jane M. Cross
Title
City Council Minutes for September 1, 2011
 
Body
UNAPPROVED
 
CITY OF BLAINE
ANOKA COUNTY, MINNESOTA
 
CITY COUNCIL MEETING NO. 11-48
Thursday, September 1, 2011
 
CALL TO ORDER BY MAYOR RYAN
 
The meeting was called to order at 7:30 p.m. by Mayor Ryan followed by the Pledge of Allegiance and the Roll Call.
 
PLEDGE OF ALLEGIANCE TO THE FLAG
 
ROLL CALL
 
Councilmembers Bourke, Clark, Herbst, Hovland, Kolb, Swanson, Mayor Ryan, City Manager Clark Arneson, and City Attorney Thomas Sweeney.
 
ABSENT:  None.
 
Quorum present.
 
ALSO PRESENT: Bryan Schafer, Community Development Director; Bob Therres, Public Services Manager; Chris Olson, Public Safety Manager/Police Chief; Joe Huss, Finance Director; Jean Keely, City Engineer; Human Resources Director Terry Dussault; Roark Haver, Communications Technician; Catherine Ekstrand, Deputy City Clerk; and Recording Secretary Linda Dahlquist.
 
APPROVAL OF MINUTES
 
Closed Workshop Meeting - August 11, 2011
 
Workshop Meeting - August 11, 2011
 
Closed Workshop Meeting - August 18, 2011
 
Councilmember Clark requested a correction to add, under the Lexington Park East Side Athletic Facility (Finn Farm): "Councilmember Clark asked to have staff consider addressing drainage issues in the existing parks of Austin Park and Happy Acres field 2 in the future Capital Improvements Plan."
 
Workshop Meeting - August 18, 2011
 
Regular Meeting - August 18, 2011
 
Action 11-209
 
Moved by Councilmember Herbst, seconded by Councilmember Hovland, that the Minutes of the Closed Workshop Meeting of August 11, 2011; Workshop Meeting of August 11, 2011; Closed Workshop Meeting of August 18, 2011 as amended; Workshop Meeting of August 18, 2011; and the Regular Meeting of August 18, 2011 be approved.
 
Motion adopted unanimously.
 
AWARDS - PRESENTATIONS - ORGANIZATIONAL BUSINESS
 
None.
 
COMMUNICATIONS
 
Mayor Ryan welcomed two new businesses to Blaine: The Club Restaurant which is located in the former TimeOut Restaurant location and Snap Fitness located next to the Tavern Grill.
 
Councilmember Kolb asked residents to drive carefully with school starting and school buses and kids will be out and about.  She commented there will be a lot of congestion around the schools.
 
OPEN FORUM FOR CITIZEN INPUT
 
Mayor Ryan opened the open forum at 7:33 p.m.
 
Stan Peterson, retired resident, stated he has talked to other retired citizens about the Blaine's budget.  He stated they do not want to cut the police, fire, or public works (sewer, water and roads) because the City needs these people. Mr. Peterson suggested raising the taxes of all residents $10 to $15 dollars across the board.  He stated some residents might not like it, but the City takes good care of the residents and residents want to keep it that way.  
 
Mayor Ryan asked if Mr. Peterson's neighbor's garage door has been fixed.  Mr. Peterson stated it is still hanging.    
 
Mayor Ryan closed the open forum at 7:35 p.m.
 
ADOPTION OF AGENDA
 
The agenda was adopted as presented.
 
8:00 P.M. - PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME
 
Moved in the agenda to follow agenda item 12.3.
 
APPROVAL OF CONSENT AGENDA:  
 
Action 11-210 (AI 10.1, 10.2, 10.3, 10.4, 10.5, and 10.6)
 
Moved by Councilmember Herbst, seconded by Councilmember Swanson, that the following be approved:  
 
Schedule of Bills Paid
 
Approve a Carnival License for Mad Jax Amusements, 18140 Zane Street NW, Elk River to be held at Church of St. Timothy's, 707 - 89th Avenue NE, Blaine, September 9, 10, and 11, 2011.
 
Approve a Temporary On-sale 3.2 Malt Beverage License for Church of St. Timothy's Carnival, 707 - 89th Avenue NE, to be held on September 9, 10, and 11, 2011.
 
Approve a Temporary On-sale 3.2 Malt Beverage License for the National Sports Center, Herb Brooks Foundation fundraiser to be held at the U-2 Exhibition Field, 1700 - 105th Avenue NE, Blaine on September 9, 2011 from 5:30 p.m. until 10:00 p.m.
 
Authorize Temporary Removal of Parking Restrictions on 103rd Lane NE for Centennial Elementary School Event on September 29, 2011 (Rain Date: October 5, 2011).
 
Approve a Temporary On-sale 3.2 Malt Beverage License for Sgt. John Rice VFW Post 6316 for a Post Picnic to be held on September 11, 2011, located at 1374 109th Avenue.  
 
Motion adopted unanimously.
 
DEVELOPMENT BUSINESS
 
Resolution No. 11-106, Granting a Conditional Use Permit to Install an 8-Foot Tall Privacy Fence Along Radisson Road (County Road 52) in the Quail Creek neighborhood. (Case File No. 11-0027/LSJ).
 
Action 11-211 (AI 11.1)
Moved by Councilmember Kolb, seconded by Councilmember Herbst, that Resolution No. 11-106, "Granting a Conditional Use Permit to Install an 8-Foot Tall Privacy Fence Along Radisson Road (County Road 52) in the Quail Creek neighborhood. (Case File No. 11-0027/LSJ)," be approved.
 
Community Development Director Schafer reported in November of 2008 the City Council adopted the second reading of a code amendment to the height provisions for residential fences abutting collector and arterial roadways.  The amendment allows fences abutting major roadways to be taller than six-feet and up to ten-feet with the granting of a conditional use permit. The purpose of the change to allow taller fences was to help property owners mitigate noise issues associated with living next to these busier and louder roadways.  He stated the fence that the applicants' are proposing is a panelized fence that resembles granite which will be eight-feet in height and it will run along the length of the rear property line of six properties that abuts to Radisson Road.  The six homeowners have come in with one application for the fence as they all wish to construct the same type of fence, and during the Radisson Road reconstruction process they were informed that only one application would be needed if they all wished to construct the same fence.  
 
Councilmember Kolb asked about the material used to make the fence paneled sections.   Community Development Director Schafer responded the panels are made of poly with galvanized supports.  She stated this fence sets a good standard for Blaine.
 
Councilmember Herbst asked if any county money will be used for the fence. The residents in the audience responded yes.
 
Motion adopted unanimously.
 
The Applicant, Kwik Trip, Requesting the Following at 8502 Central Avenue NE: (Case File No. 10-0049/LSJ).
 
A.      Resolution No. 11-107, Granting Preliminary Plat Approval to Subdivide 3.53 Acres Into One (1) Lot, One (1) Outlot, and .39 Acres for Road Right-of-Way.
 
Action 11-212 (AI 11.2A)
Moved by Councilmember Swanson, seconded by Councilmember Hovland, that Resolution No. 11-107, "Granting Preliminary Plat Approval to Subdivide 3.53 Acres Into One (1) Lot, One (1) Outlot, and .39 Acres for Road Right-of-Way," be approved.
 
Community Development Director Schafer stated Kwik Trip has reached an agreement with Cemstone to acquire all of Cemstone's holdings on the north side of 85th Avenue NE.  The site is zoned B-2 and a conditional use permit is required for gas station/convenience stores in this zoning district and for a carwash and multiple buildings on one lot.  Kwik Trip will build a convenience store that will have a canopy over thirteen gasoline pump islands to serve 26 vehicles at one time and a free-standing carwash.  The car wash would enter from the north and exit to the south.  The City has asked Kwik Trip to reestablish/delineate 85th Avenue with curb and gutter, boulevard, and appropriate striping.  
 
The Minnesota Department of Transportation (MnDOT) has reviewed and commented on the site as it abuts TH 65.  Kwik Trip will also construct Ulysses Street (future frontage road) thru their property from 85th Avenue to the northern property line.  This new frontage road will eventually replace the existing frontage road and aid in correcting the safety issues at the existing intersection of 85th Avenue and TH65.  The applicant is proposing to construct an infiltration basin/pond on the adjacent parcel to accommodate the storm water runoff from their site and infiltration practices shall be used where ever possible in order to reduce runoff and improve water quality.  Rooftop and canopy runoff will be directed/piped to the infiltration areas.  Kwik Trip will also build a fence on the west side of the pond and road from the curve of 85th Avenue up to the north side of the site to mitigate noise, block lights and catch any blowing trash.
 
Councilmember Bourke asked about the service road going north from the site.  He stated Kwik Trip needs to continue talking with the neighbors.  Community Development Director Schafer responded Kwik Trip is talking with the owner of the Dairy Queen and they are working on temporary construction easements.  The City will not push the service road alignment with the Dairy Queen.  The EDA has about an acre of land to work with in that area.
 
Councilmember Herbst stated the Spring Lake Park businesses are concerned about how their customers will access their businesses and asked if there will be signage directing people to their establishments. Community Development Director Shafer responded the median on 85th Avenue runs into the site on 85th Avenue for a short way.  The drive way is mid-block and visible within 100 feet.  
 
Councilmember Kolb questioned if the hash marks are for the median.  Community Development Director Shafer responded the hash marks are not the median and are just painted.
 
Councilmember Hovland stated the residents have concerns about traffic especially on Lincoln Street.  He would like to have a sign with an arrow directing the traffic back to TH 65.  
 
Mayor Ryan commented this will be the first time in history there will be a designed intersection in this location.
 
Councilmember Kolb commented a simple sign was created for the Holiday Station to help direct traffic.  She believes the sign is effective.
 
Community Development Director Schafer stated under the conditional use permit, an amendment to include signage for the road can be added.  He stated the signage would be for the driveway coming out of Kwik Trip and not for the service road.
 
Councilmember Hovland stated the traffic would be coming out of Kwik Trip and not the service road.  
 
Councilmember Kolb stated the sign at Holiday is at the end of the driveway and directs the drivers to the highway.
 
Councilmember Hovland stated he is open to the location of the signage that will give the most impact and discourages the drivers from driving through the neighborhood.
 
Motion adopted unanimously.
 
B.      Resolution No. 11-108, Granting a Conditional Use Permit to Allow for Gasoline Sales, a Carwash, Outdoor Dining and Multiple Buildings on one (1) lot in a B-2 (Community Commercial) Zoning District.
 
Action 11-213 (AI 11.2B)
Moved by Councilmember Clark, seconded by Mayor Ryan, that Resolution No. 11-108, "Granting a Conditional Use Permit to Allow for Gasoline Sales, a Carwash, Outdoor Dining and Multiple Buildings on one (1) lot in a B-2 (Community Commercial) Zoning District," be approved.
 
Action 11-214 (AI 11.2B)
 
Moved by Councilmember Hovland, seconded by Councilmember Swanson, to amend the motion to include the installation of directional signage for directing drivers back to TH65.
 
Councilmember Clark asked if Kwik Trip or the City will pay for the signage.  Councilmember Kolb commented the City paid for the signage at the Holiday store.  Mayor Ryan responded Kwik Trip will pay for the signage.  
 
Amendment adopted 6-1 (Councilmember Clark opposed).
 
Amended motion adopted unanimously.
 
ADMINISTRATION
 
Resolution No. 11-109, Adjusting Certain Tax Levies for Bonded Indebtedness for Fiscal Year 2012.
 
Action 11-215 (AI 12.1)
 
Moved by Councilmember Kolb, seconded by Councilmember Swanson, that Resolution No. 11-109, "Adjusting Certain Tax Levies for Bonded Indebtedness for Fiscal Year 2012," be approved.
 
Finance Director Huss reported the next three items before the Council are to adopt a preliminary budget and tax levy and setting public hearings for the budget.  This concerns the tax levy for debt service funds.  Annually an analysis is done of each fund and a preliminary budget is prepared.  He expects further adjustments will need to be made based on the debt service numbers for the collection of taxes and the need to levy for the repayment of the debt.  The Council will need to approve both in December.
 
Motion adopted unanimously.
 
Resolution No. 11-110, Certifying Proposed General Fund Budget and Tax Levy for Fiscal Year 2012.
 
Action 11-216 (AI 12.2)
Moved by Councilmember Swanson, seconded by Mayor Ryan, that Resolution No. 11-110, "Certifying Proposed General Fund Budget and Tax Levy for Fiscal Year 2012," be approved.
 
Finance Director Huss reported Minnesota Statues require cities each year to certify preliminary budget and property tax levies to County auditors by September 15.  As discussed at previous budget workshops, the preliminary budget may be adjusted either up or down.  However, the preliminary levy cannot be raised, but can be lowered.  The preliminary levy in this resolution is the maximum levy the City can set for the 2012 budget.  The Council will have the ability to reduce the preliminary tax levy further as the 2012 budget process progresses.  
 
Councilmember Swanson asked if this will go out in the Truth and Taxation information.  Finance Director Huss responded that is correct.  This is the levy that the preliminary tax statements will be prepared for truth in taxation.
 
Councilmember Swanson asked if the market values the County will use for truth in taxation will be accurate.  Finance Director Huss responded the County will have good market value numbers.  He stated the City has faith that the truth in taxation numbers will be as close as possible for the following year.
 
Motion adopted unanimously.
 
Resolution No. 11-111, Establishing Public Hearing Dates for the Proposed General Fund Budget and Tax Levy.
 
Action 11-217 (AI 12.3)
Moved by Councilmember Kolb, seconded by Councilmember Hovland, that Resolution No. 11-111, "Establishing Public Hearing Dates for the Proposed General Fund Budget and Tax Levy," be approved.
 
Finance Director Huss reported Minnesota Statutes requires cities to establish future public hearings on the proposed budget and tax levy by September 15.  Statutory regulations require cities to hold public hearings at regularly scheduled Council meetings.  A public hearing on the proposed 2012 General Fund Budget and Tax Levy will be on December 8, 2011 and a public hearing on the adoption of the 2012 General Fund Budget and Tax Levy will be on December 15, 2011.  
 
Motion adopted unanimously.
 
Councilmember Herbst left the meeting at 8:01 p.m. and returned at 8:03 p.m.
 
8:00 P.M. - PUBLIC HEARINGS AND ITEMS SET FOR A CERTAIN TIME
 
2011 Pavement Management Program - Overlay, Improvement Project No. 11-01
 
A.      Resolution No. 11-105, Adopting Assessment.
 
Action 11-218 (AI 9.1A)
 
Moved by Councilmember Kolb, seconded by Councilmember Swanson, that Resolution No. 11-105," Adopting Assessment," be approved.
 
Mayor Ryan opened the public hearing at 8:02 p.m.
 
City Engineer Keely reported Project No. 11-01 consisted of bituminous overlay on various streets within six areas in the city.  The City mailed 739 notices to property owners for approximately 650 parcels.   The proposed assessments are based on a flat rate of $500 per residential lot and $10 per lineal foot for commercial, industrial and multi-family parcels.  If levied, the assessments will extend over five years with an interest rate of 5% and the first payment due in 2012.  
 
City Engineer Keely stated the City received 19 phone calls and most of the calls were on pay off options for the $500.  There was one complaint about using an assessment instead of using tax dollars.  One complaint from a resident that lives on a cul-de-sac stating the garbage trucks were scarring the surface of the pavement.  One request for a senior deferral, but after hearing the requirements the resident stated they did not meet the age requirement.  One written objection from Jack F. Weed, 11984 Kenyon Street, stating his objection to the assessment of $500 upon his property.  He stated he was unable to attend the Council meeting this evening, was not provided advanced notice of the $500 assessment, and was not aware his property increased by that amount.  He believed the surface of Kenyon Street did not warrant the application of the new bituminous overlay.  However, some streets in his area did need this improvement.
 
City Engineer Keely stated the total project is estimated at $978,022.  The assessment value is $519,066.40 and the reminder of the project's estimated total of $458,955.60 will be paid from the Pavement Management Program Fund.  
 
Mike Smith, resident on Kenyon Street and a neighbor of Mr. Weed, stated he was asked by Mr. Weed to read Mr. Weed's letter stating his objection of the $500 assessment upon his property.  Mr. Smith then read Mr. Weed's letter.  Mr. Smith also objects to the $500 assessment because no notification was made prior to the laying of the bituminous overlay and he agrees with Mr. Weed that Kenyon Street was in good shape and didn't need an overlay.  Mr. Smith wanted to voice his objection to the assessment.  
 
Mayor Ryan asked how many notices were sent.  City Engineer Keely responded three notices were sent for this project.  An information meeting was held in February 2011 and a public hearing that ordered the improvements was held in March 2011.  Ms. Keely noted approximately 50 residents attended the public hearing.
 
Mr. Smith stated taxes should cover the amount and an assessment should not be necessary.
 
Councilmember Herbst asked what determines if a road needs an overlay.  City Engineer Keely responded the roads are ranked by age and the roads in that area are all 21 years old.  She stated to maintain the streets in the entire neighborhood, overlays are necessary.  
 
Councilmember Herbst stated some roads are beyond an overlay and need total reconstruction which is a larger assessment.
 
Mr. Smith asked if it is traditional for the City to overlay four roads in the same neighborhood.  He asked about the residents not having to pay for the road improvements around the Kwik Trip project.  
 
Councilmember Herbst stated with a new development the developer pays for construction of the roads and then the City takes over the maintenance of the roads.  He asked what the cost would be if the Pavement Management Program was not in existence.  City Manager Keely responded the assessments are set at $500, but the overall cost would have been $1,000.
 
Mr. Smith asked again if it is typical for the residents to be assessed for roads or is this a new program.  Mayor Ryan responded this is a new program for the roads.  If the City waits for the roads to collapse the cost would be greater.
 
Councilmember Bourke stated this program will be worked throughout the entire City.  City Engineer Keely responded the streets that are in good condition will be overlaid and the others that are beyond will need reconstruction.  
 
Mayor Ryan commented approximately 800 roads were done in this phase and another 600 roads will be done in the next phase.  
 
Councilmember Herbst asked Finance Director Huss to explain how the funds are divided.  Finance Director Huss responded in the past road improvements were paid from the General Fund.  Today the funds are levied in order to repay debt and get the roads repaved.  
 
Mr. Smith stated the overlay work is satisfactory.  
 
Councilmember Bourke commented the City's cost factor is down right now, so the cost was a little lower.
 
Councilmember Herbst stated the City's infrastructure has to be maintained.
 
Mayor Ryan asked what is the interest rate on the assessment.  City Engineer Keely responded the interest rate is 5%.
 
Judy Elberg, 3820 86th Avenue NE, asked how the senior citizens, who are on a fixed income, are to pay for this assessment.  Mayor Ryan responded there is a senior deferment.  
 
Ms. Elberg stated the assessment is not fair to the senior citizens.  City Engineer Keely responded all residents were assessed $500 per lot.  She stated there is a senior citizen deferment and the requirements are you must be over 65 in age, have a certain financial situation, and make an application.  
 
Ms. Elberg asked what are the requirements and where do seniors go to apply.  City Engineer Keely responded that Ms. Elberg's request is recorded in the minutes tonight and the information will be sent.  
 
Ms. Elberg commented that some of the people in her area are on welfare and social security.
 
City Attorney Sweeney stated the reference of this application on the record will be sufficient for this property as such should be covered under the deferral policy.
 
Mayor Ryan commented assessments can be deferred until the sale of the property.  
 
Ms. Elberg commented she has never had an assessment on her property.
 
City Attorney Sweeney stated prior to closing the public hearing, State law requires the Council to pass or deny the objections that were made from Mr. Smith, 1179 Kenyon Street; the written objection from Mr. Weed, 11984 Kenyon Street; and the objection from Ms. Elberg, 3820 86th Avenue NE.
 
Councilmember Clark stated Ms. Elberg did object to the assessment.  He asked if the Council needs a written narrative to justify overturning the objections.  City Attorney Sweeney responded Minnesota statues require the Council to hear and pass or deny on the objections, so no written narrative is required.
 
Action 11-219 (AI 9.1A)
 
Moved by Councilmember Clark, seconded by Councilmember Kolb, that the motion be amended to deny the three objections.  The explanation of the Pavement Management Program as a whole that was discussed tonight is the justification for the denial.
 
Mayor Ryan closed the public hearing at 8:24 p.m.
 
Councilmember Herbst stated the denial does not include Ms. Elberg's senior deferral request.
 
Councilmember Clark stated the reason for the denial of the objections is the residents will benefit over the life of the road (approximately 20 years), so when the residents sell their properties they will have a nicer looking street and curb appeal.
 
Mayor Ryan asked if the City had received other requests for deferral.  City Engineer Keely responded one request was received, but that resident did not meet the age requirement.
 
Amendment adopted unanimously.
 
Amended motion adopted unanimously.
 
Vacation of Drainage and Utility Easement for Lot 3, Block 2, The Sanctuary 5th Addition, Vacation No. V11-03
 
A.      First Reading - Ordinance No. 11-2234, Chapter 192
 
First Reading Ordinance No. 11-2234, Chapter 192, Vacation of Drainage and Utility Easement for Lot 3, Block 2, The Sanctuary 5th Addition Vacation No. V11-03.
 
Action 11-220 (AI 9.2A)
 
Declared by Mayor Ryan that Ordinance No. 11-2234, Chapter 192, Vacation of Drainage and Utility Easement for Lot 3, Block 2, The Sanctuary 5th Addition Vacation No. V11-03," be introduced and placed on file for second reading at the August 15, 2011 Council meeting.
 
ADMINISTRATION (CONTINUED)
 
Approve Paving Happy Acres Park Hockey Rink #1 at an Estimated Cost of $10,000-$12,000 Funded from the Park Maintenance Fund.
 
Action 11-221 (AI 12.4)
Moved by Councilmember Bourke, seconded by Councilmember Swanson, that the paving of Happy Acres Park Hockey Rink #1 at an Estimated Cost of $10,000-$12,000 Funded from the Park Maintenance Fund be approved.
 
Public Services Manager Therres reported paving the hockey rink number one in Happy Acres Park would provide for year-round use of the rink with in-line skating, skate boarding and general free play.  A paved hockey rink allows for faster and quality ice making with a uniform and level application of water, and water freezes quicker.  He stated that funds are available in the budget this year to complete this project.
 
Councilmember Kolb asked if this proposal went through the Park Board because the Park Board is not referenced.  She asked if the rink will still be used for a dog park.  Public Services Manager Therres responded all three rinks are currently used for the dog park, but rink one will no longer be used once it is paved as a dog park.
 
Councilmember Clark stated this request came up when he was on the Park Board and the rink will be used the whole year.
 
Motion adopted unanimously.
 
Construction of a Northbound Right Turn Lane on Lexington Avenue NE at Woodland Parkway NE, Improvement Project No. 11-07
 
A.      Resolution No.11-112, Approve Joint Powers Agreement with the County of Anoka.
 
Action 11-222 (AI 12.5A)
 
Moved by Councilmember Bourke, seconded by Councilmember Herbst, that Resolution No. 11-112, "Joint Powers Agreement with the County of Anoka," be approved.
 
City Engineer Keely reported the City Council ordered this project on July 14, 2011.  Work has progressed with the Anoka County Highway Department.  The Joint Powers Agreement is based on estimated quantities and prices and the County will invoice the City with actual amounts when the project is complete.  The City requested a change to the Joint Powers Agreement for the removal of an 8% charge for construction engineering by Anoka County.  Staff is working with Judy and Rusty Gieske, 4250 117th Avenue, to acquire a 12' wide by 470' long right-of-way for the project.  The Gieske's have agreed to an amount of $11,500 which is within the project's budget.  Xcel Energy will need to move two poles and underground transmission lines to accommodate the turn lane.  The estimated cost to move the infrastructure of $30,000 was included in the feasibility report.
Motion adopted unanimously.
 
B.      Resolution No. 11-113, Approve Plans and Specifications.
 
Action 11-223 (AI 12.5B)
 
Moved by Councilmember Swanson, seconded by Councilmember Bourke, that Resolution No. 11-113, "Plans and Specifications," be approved.
 
Motion adopted unanimously.
 
C.      Authorization to Acquire Right-of-Way.
 
Action 11-224 (AI 12.5C)
 
Moved by Councilmember Hovland, seconded by Councilmember Clark, that "Authorization to Acquire Right-of-Way," be approved.
 
Motion adopted unanimously.
 
D.      Authorize the City Manager to Enter into a Contract with Xcel Energy.
 
Action 11-225 (AI 12.5D)
 
Moved by Councilmember Kolb, seconded by Councilmember Bourke, that "Authorize the City Manager to Enter into a Contract with Xcel Energy," be approved
 
Motion adopted unanimously.
 
Ratification of Local 49 (Public Works) Union for Contract Years 2010-2012.
 
Action 11-226 (AI 12.6)
 
Moved by Councilmember Kolb, seconded by Mayor Ryan, that "Ratification of Local 49 (Public Works) Union for Contract Years 2010-2012," be approved.
 
Human Resources Director Dussault reported the Council will be approving a three year contract with the International Union of Operating Engineers Local 49.  This contract is for our staff that maintains Blaine's streets, parks, and sewer and water utilities.  The agreement will give wage increases of 0% for year 2010, 1% for year 2011 and 1% for year 2012 and an increase in insurance money of $0 for year 2010, $30 for year 2011 and $30 for year 2012.
 
Mayor Ryan thanked the Public Works Department for their hard work.  He commented they did a great job at the Senior building.
 
Mayor Ryan asked if this agreement covers the entire Public Works Department.  Human Resources Director Dussault responded yes.  
 
Councilmember Clark referenced the contract on page 3, paragraph 6.3 and asked if a floor sweeper would be allowed to drive a snow plow.  Human Resources Dussault responded all staff in the Public Works Department are cross trained and the language is there in order to treat staff fairly.  Councilmember Clark commented that the newest employees are least likely to be cross trained.
 
Motion adopted unanimously.
 
OTHER BUSINESS
 
Mayor Ryan stated the workshop scheduled for September 8, 2011, has been cancelled.
 
Councilmember Swanson asked if the road construction on Naples will start soon.  City Engineer Keely responded the County's contractor is ready to start, but there was a delay with the Rice Creek Watershed permit due to the City of Lexington wanting to do water main work.  Councilmember Swanson confirmed the City would have engineers on site to oversee the project.  City Engineer Keely responded yes, the City will be monitoring the project.
 
Mayor Ryan stated complaints have been received from people on 117th regarding cars speeding through the development from the Highway 14 detoured traffic.  
 
Mayor Ryan reminded residents that dogs need to be kept under control at all times while on the trails.
 
Councilmember Hovland asked about the walk through of the JD One Drainage Ditch that was conducted with Councilmember Swanson, Councilmember Herbst, and the City Manager.  He stated there was a big issue with the Rice Creek Watershed District on cleaning that ditch and wanted to know what was found and what the City is going to do.  Councilmember Herbst stated there was a minor blockage and the ditch will be added to the maintenance schedule.  The Watershed District will be meeting with the City staff soon.
 
Councilmember Swanson asked about the culvert blockage.  City Manager Arneson responded the blockage at 85th Street has been addressed.
 
Councilmember Herbst stated the retention ponds are full and the water has to go somewhere and it goes into the ditch system.
 
Councilmember Kolb stated an update on ditch maintenance should be brought to a workshop.  City Manager Arneson stated a maintenance schedule was just received today.
 
Councilmember Clark asked if the paved hockey rink in Happy Acres Park will have a summer program for in-line skating.  Public Services Manager Therres responded this was not addressed tonight, but will be at an upcoming Park and Recreation Committee meeting.  Councilmember Clark commented the program does not have to be City sponsored.  It could be sponsored by the National Sports Center, the Youth Hockey Association or the Athletic Association.  Public Services Manager Therres responded once the paving of the rink is publicized, organizations will be flocking to Blaine.
 
Councilmember Hovland asked for an update on the Six Cities Watershed District.  City Manager Arneson responded once the County and Coon Creek Watershed District stopped the official process to petition the Board of Water and Soil Resources of Minnesota, Blaine's City Council adopted a resolution for the five cities to petition the Board of Water and Soil Resources of Minnesota.  Mayor Ryan commented the County Board had stopped the petition for more information.  City Manager Arneson stated the petition was stopped at Coon Creek and the County stopped the process at Option A.  He stated the City went to Option B to keep the petition moving and is waiting for the State's formal authorization to designate specific areas that are under the authority of the Coon Creek Watershed District.  
 
ADJOURNMENT
 
Moved by Councilmember Herbst, seconded by Councilmember Kolb, to adjourn the meeting at 8:55 p.m.
 
Motion adopted unanimously.