City Council

Maple Grove City Council Meeting Meeting Minutes March 2, 2020 Call to Order Pursuant to call and notice thereof, a Regular Meeting of the Maple Grove City Council was held at 7: 30 p.m. on March 2, 2020 at the Maple Grove Government Center/ Public Safety Facility, Hennepin County, Minnesota. Members present were Mayor Mark Steffenson and Councilmembers Judy Hanson, Karen Jaeger, Phil Leith, and Kristy Barnett. Absent was none. Present also were Heidi Nelson, City Administrator; Peter Vickerman, Planning Manager; Ken Ashfeld, Public Works Director/ City Engineer; Assistant City Engineer Jupe Hale; and Justin Templin, City Attorney. Mayor Steffenson called the meeting to order at 7: 30 p. m. and led the City in the Pledge of Allegiance. Additions or Mayor Steffenson asked if there were any additions and/ or deletions to the Consent Agenda to which Heidi Nelson stated Deletions to the following: the Agenda Item Amended to the Agenda None Item Amended to the Consent Agenda None Item Added to the Agenda None Item Removed from the Consent Agenda for Discussion None Consent Items The following Consent Items were presented for Council' s approval: MINUTES Maple Grove City Council Minutes March 2, 2020 Page 2 A. Regular Meeting— August February 18, 2020 PERSONNEL ITEMS B. Personnel Policy Manual Update Motion to update the Personnel Policy Manual as follows, with an effective date of March 3, 2020: Amend Article 7— Probation Period Amend Article 37 — DOT Drug and Alcohol Testing for Commercial Drivers Add Article 28 — Advance Resignation Notice Program C. Police Record Management Lead Appointment Motion to approve the promotion of Sarah Dyer to the position of Police Record Management Lead in the Police Department, at an annual salary of $ 64, 020. 32 ( Level 6. 5E), effective on March 3, 2020, subject to a 12- month probationary period. Motion to authorize staff to begin the recruitment process for the vacant position of Police Record Management Technician in the Police Department as a result of this promotion. D. Recruitment Approval for Licht Equipment Operator Motion to authorize staff to begin the recruitment process for a Light Equipment Operator position in the Public Works Department due to the resignation of Jason Chapman, which was accepted with an effective date of March 6, 2020. COMMUNITY& ECONOMIC DEVELOPMENT ITEMS E. Shake Shack PUD Non-Residential Concept Staize Plan Amendment and Development Staize Plan - Resolution No. 20- 036 Motion to adopt Resolution No. 20- 036 approving the Shake Shack PUD Non- Residential Concept Stage Plan Amendment, Development Stage Plan and Planned Unit Development Agreement subject to the final review and approval of the City Attorney and the Director of Community & Economic Development. Maple Grove City Council Minutes March 2, 2020 Page 3 F. Lynde and McLeod Addition Final Plat Motion to direct the City Attorney to draft a Resolution approving the Final Plat of Lynde and McLeod Addition subject to: 1. The applicant changing Niagara Lane to Niagara Lane North. ENGINEERING ITEMS G. The Grove 12th Add./ 99th Ave. Apts. Award of Contract - Resolution No. 20- 039 Motion to adopt Resolution No. 20- 039 accepting bid for The Grove 12th Addition ( 99th Avenue Apartments) Area Street and Utility Project No. 19- 18. H. Final Acceptance Donahue and Fish Lake Trunk Sanitary CIPP Project No. 18- 24 Motion to approve the final acceptance of the Donahue and Fish Lake Trunk Sanitary CIPP Project No. 18- 24 completed by Insituform Technologies USA, LLC subject to the warranty provisions of the contract and statutory law. I. Howell Meadows Award of Contract - Resolution No. 20- 03 8 Motion to adopt Resolution No. 20- 038 accepting bid for Howell Meadows Area Street and Utility Project No. 19- 22 and approving Developers Agreement subject to final review by the City Attorney and Director of Public Works. J. Timber Crest Drive Parkinia Restrictions - Resolution No. 20- 037 Motion to adopt Resolution No. 20- 037 establishing a no parking zone on both sides of Timber Crest Drive from Fernbrook Lane to East Fish Lake Road. Maple Grove City Council Minutes March 2, 2020 Page 4 K. Sureties Motion to approve the surety actions as identified on the Council Action Form. ADMINISTRATIVE ITEMS L. Actin2 City Administrator Motion to approve Public Works Director/ City Engineer Ken Ashfeld as Acting City Administrator effective Saturday, March 7, through Saturday, March 14, 2020. M. Transfer from General Fund to the Long Term Development Fund, Capital Improvement Fund, Road Reconstruction Fund, Information Systems Replacement Fund and Community Center Fund. Motion to transfer $ 2, 650, 000 from the General Fund to the Long Term Development Fund to finance public facilities, 250, 000 to the Road Reconstruction Fund for Park Trail Replacement, $ 200, 000 to the Community Center Fund for future building maintenance, $ 100, 000 to the Capital Improvement Fund for ballfield fencing/concrete apron replacement and $ 100, 000 to the Information Systems Replacement Fund for phone system replacement. CLAIMS N. Motion to approve the claims as listed: City Checks: $ 1, 127, 3 81. 01 Electronic Payments: $ 1, 082. 43 Motion by Councilmember Jaeger, seconded by Councilmember Leith, to approve the Consent Items as presented. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Consideration None. of Items Pulled from Maple Grove City Council Minutes March 2, 2020 Page S the Agenda Special Business Open Forum There were no open forum issues brought before the Council at this meeting. 7. 30 p. m. Assistant City Engineer Hale requested the Council order improvements for the Minnesota Health Village. He reviewed Public the utility improvements planned for this development which Hearing included roads, water, storm sewer, and sanitary sewer. It was Minnesota noted the project would cost $ 14. 4 million. Staff commented further on the proposed project and recommended the Council Health Village order the plans and specifications. Resolution No. Motion by Councilmember Leith, seconded by 20- 040 Councilmember Hanson, to open the public hearing. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Mayor Steffenson opened the public hearing at 7: 33 p. m. and asked if anyone would like to address this issue. No public testimony was offered. Motion by Councilmember Jaeger, seconded by Councilmember Hanson, to close the public hearing at 7: 34 p. m. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Motion by Councilmember Leith, seconded by Councilmember Jaeger, to approve adopting Resolution No. 20- 040 ordering Project 100 ( Minnesota Health Village) Project No. 19- 21, and ordering plans and specifications subject to receipt of sureties. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Community Development Items Elm Road Planning Manager Vickerman explained the applicant is Maple Grove City Council Minutes March 2, 2020 Page 6 PUD Concept requesting PUD Concept Stage Plan, Development Stage Plan, Stage Plan, Preliminary Plat approval and Rezoning to R-2, PUD, for the Development purpose of developing property into 106 single- family detached residential lots, plus one amenity lot. The site is located on the Stage Plan, north and south sides of Elm Road, west of Vicksburg Lane and Rezoning and east of Elm Creek, and is currently made up of nine R-A Preliminary Single- Family Agricultural) zoned parcels ranging from 2. 8 Plat acres up to 20 acres in size. Existing homes and structures will be removed from the site prior to construction. The applicant is proposing to redevelop the site into 106 single- family detached lots in two separate phases. Phase 1 would consist of 75 lots, plus one amenity lot, primarily on the eastern and northern portions of the site, while phase 2 is made up of 31 lots west of the first phase. The site plan also shows a non- contiguous parcel that will serve as temporary stormwater retention and treatment until future development occurs. The applicant was proposing to remove 49% of the trees in the T- zone. It was noted the improvements for Elm Road were still being worked on. He reported staff is working with the applicant on the placement of the treatment pond and a potential future roadway through this parcel. Staff commented further on the request and indicated the Planning Commission recommended approval of the request with conditions, which required the applicant to meet all watershed requirements. Councilmember Leith asked if the Cedar Estates development required a special buffer area adjacent to the T- Zone. Planning Manager Vickerman stated there were no special provisions for the buffer area. Councilmember Leith requested further information regarding the drainage concerns and grading approval process. Public Works Director/ City Engineer Ashfeld stated the grading plans will be reviewed and approved by City staff to ensure all City Code, state, federal and watershed requirements are being met. Councilmember Leith questioned if there were any concerns with light wash spilling onto the Gilbert property. Planning Manager Vickerman discussed the location of the Gilbert property. He noted staff had addressed the concern and reported there was a thick stand of trees, along with undergrowth to provide screening of the light wash. Mayor Steffenson asked how far the Gilbert house was from Maple Grove City Council Minutes March 2, 2020 Page 7 Elm Road. Planning Manager Vickerman estimated the home was 210 feet from Elm Road. Mayor Steffenson inquired if an arborist had ever been involved in reviewing and approving development plans. Planning Manager Vickerman stated he did not recall this ever being a requirement. He explained the concern that was raised by the adjacent property owner was that the new development would degrade the existing forest and for this reason, the Planning Commission wanted this matter to be further investigated. Councilmember Jaeger requested further information regarding the Phase 2 stormwater pond. Planning Manager Vickerman indicated staff spoke to the water resources engineer about this matter and commentary from the watershed district had been received. He noted the water resources engineer was working through these comments with the applicant. Councilmember Jaeger questioned if it was reasonable for the City Council to approve Condition 3. Planning Manager Vickerman stated based on past history this has not been done in the past, but was a recommendation from the Planning Commission. Councilmember Hanson asked if the Arbor Committee had reviewed and approved the plans. Planning Manager Vickerman reported this was the case and noted this group recommended approval without a recommendation from an arborist. He noted the developer was proposing a 15 foot outlot as a buffer. Councilmember Hanson inquired if the developer had agreed to further consider the location of the stormwater pond as part Phase 2 of the development. Planning Manager Vickerman stated this would be reviewed in the future with the developer in light of the overall area to ensure no other property owner' s ability to develop was being impacted. Dave Gonyea, Gonyea Companies, thanked the Council for their consideration. He commented further on the buffer area and noted the buffer would be 15 feet or more from the adjacent property line. He requested the Council approve the plans with the 15 foot buffer and note require Lots 82 and 83 to remain undeveloped. Maple Grove City Council Minutes March 2, 2020 Page 8 Councilmember Hanson explained this was an emotional issue for the neighbors. She thanked the developer for working to address the concerns that have been raised. She stated she appreciated the work that had been done by the Planning Commission. Councilmember Barnett indicated she spoke at length with Mr. Gonyea' s partner to better understand what this development would accomplish. She appreciated the fact Gonyea Companies was trying to preserve what they could while still completing a great development. Mayor Steffenson asked if this was the first development company that owned the land on the north side of Elm Road. Mr. Gonyea explained the original 20 acre parcel was purchased by a developer in the early 2000' s but was returned to the bank. He stated that since that time he has acquired seven or eight more parcels from the neighbors. Scott Kulberg, 6210 Comstock Lane, stated he had concerns regarding the quality of his well and how the proposed development would impact his water quality. He commented on the city' s website there was a posting that discussed how surface water impacts surrounding wells while also changing the natural water cycle. He reported the way to protect underground water was to preserve greenspace and for the city to control zoning laws. He indicated the City of Maple Grove was blessed to have 33 miles of streams, nine lakes, and four underwater ponds. He commented 19 miles of streams were impaired, along with five lakes. He explained the proposed development was some of the last remaining greenspace in Maple Grove. He encouraged the Council to consider how valuable this land was as greenspace and allow for the land to remain rural. Phil Hermann, 16683 Elm Road, stated he has lived in his home for 30+ years and explained some of his neighbors have lived in the area for over 50 years. He expressed concern with the fact the developer had not negotiated with the neighbors to reach a middle ground. He commented he would like to see larger lots but understood the economics were a concern. He expressed concern with how water was already draining in the area and recommended the location of the stormwater pond be solidified Maple Grove City Council Minutes March 2, 2020 Page 9 prior to the development being approved. He encouraged the Council to consider further preservation of this site and suggested only 80 houses be considered for this development. Mayor Steffenson commented the buffer plan made by the developer was more than sufficient and Condition 3 was not necessary. He explained he has lived in a tree preservation area for over 20 years and he has not seen any change to the forest floor near the areas where the trees were taken down. Councilmember Hanson asked what the impact would be of rezoning the property to R- 1 instead of R-2. Planning Manager Vickerman stated the R- 1 zoning district has a minimum lot size of 20, 000 square feet and a number of the lots on the northern end were at or above this minimum. He indicated some of the remaining lots were closer to the 10, 000 square foot size. For this reason, the site was being recommended for the R- 2 zoning district. Councilmember Barnett supported the removal of Condition 3 after the discussion she had with the applicant' s partner. Councilmember Leith reported the City has not required lots to be set aside as a buffer in the past and for this reason he also supported the removal of Condition 3. Councilmember Hanson questioned how an R- 1 zoning would impact the overall project. Mr. Gonyea stated he was uncertain but noted his lots would have an average width of 85 feet. Motion by Mayor Steffenson, seconded by Councilmember Barnett, to approve directing staff to draft an Ordinance rezoning property from R-A, Single- Family Agricultural to R-2, PUD, Single- Family Residential, Planned Unit Development, subject to the approval of the Final Plat. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Motion by Councilmember Leith, seconded by Councilmember Hanson, to approve recommending that the City Council direct the City Attorney to draft a Planned Unit Development Agreement and a Resolution approving the Elm Road PUD Concept Stage Plan, Development Stage Maple Grove City Council Minutes March 2, 2020 Page 10 Plan and Preliminary Plat subject to: 1. The applicant addressing to the satisfaction of the City any remaining applicable comments contained in the memorandums from: a. Public Works Dir./Assistant City Engineer dated February 13, 2020 b. The Community & amp; Economic Development Department dated January 21, 2020 c. The Fire Department dated December 30, 2019 d. The Parks & amp; Recreation Department, dated January 2, 2020 e. Traffic Engineer dated December 23, 2019 f. The Arbor Committee dated February 13, 2020 g. Water Resources Engineer dated February 24, 2020 h. All Watershed District requirements shall be met. 2. TEMP POND 1W and FILTER BASIN 1W locations are, prior to any permits being issued for the development of Phase 2, subject to the determination by and further review of the City. developed as part of any phase until sueh time tha the City is provided with evidenee, subjeet to the review and approval of the City Engineer- and eonsulfing arborist or si" aF profession, that the proposed buffer WiH pFevent, based on the development of Lots 82 and 83, the degradation o the quality of the existing forest within the adjoining1-9 properties. 3. The applicant shall provide a 15 foot buffer adjacent to lots 82 and 83 per the No- Grade/Sisturb Area Exhibit provided by the applicant. The applicant shall acknowledge that Park Dedication Maple Grove City Council Minutes March 2, 2020 Page 11 requirements are based on staff review and recommendation to the Park and Recreation Board and their subsequent Board Action. Board meetings are held on the third Thursday of each month. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Report On Planning Manager Vickerman updated the Council regarding Upcoming the following: Community The Planning Commission will be addressing a request for a Development KinderCare Child Care at the Markets at Rush Creek at their Items next meeting. The Planning Commission tabled action on the Tree Preservation Ordinance. Report on Director of Public Works/ City Engineer Ashfeld updated the Council regarding the following: Upcoming Engineering The I- 94 project between the Fish Lake Interchange and the Items City of Rogers would begin this spring and would take two years to complete. Load limits would go into effect on Friday, March 6th Heidi Nelson, Ms. Nelson explained that the Council has her Monday report if there are any questions. She reported a joint Park Board/ City City Council Work Session would be held on Monday, April 20th at Administrator 5: 30 p. m. Items Added Councilmember Jaeger discussed the State of the City event and to the Agenda thanked the Mayor for his presentation. Councilmember Jaeger reported she attended the Fire Department Banquet on Friday, February 28th Councilmember Jaeger thanked the Council and staff members that attended the recent strategic planning session, which was held on Saturday, February 29th Councilmember Jaeger encouraged everyone to attend the Empty Bowl event which would be held on Thursday, March 12th from 4: 00 p.m. to 7: 00 p.m. at the Community Center. She Maple Grove City Council Minutes March 2, 2020 Page 12 explained this event was being sponsored by CROSS. Councilmember Jaeger reported the Farmer' s Market would be open on Thursday, March 12th Councilmember Jaeger indicated there was another fire in Maple Grove. She encouraged seniors to check their smoke detectors and noted the Maple Grove Fire Department was available to assist seniors with replacing outdated smoke detectors. Councilmember Leith stated the Third Annual Lions Wine and Beer Tasting Event would be held on Friday, March 6th at the Maple Grove Community Center. He commented tickets for this event 25 per person and all proceeds would be were $ invested back into the community. Adjournment Motion by Councilmember by Jaeger, seconded Councilmember Barnett, to adjourn to the regular City Council meeting on March 16, 2020 at 7: 30 p. m. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. The meeting was adjourned at 8: 26 p.m. by Mayor Steffenson. Respectfully submitted, Heidi Nelson City Administrator