City Council

Maple Grove City Council Meeting Meeting Minutes May 18, 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 May 18, 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; Joe Hogeboom, Community and Economic Development Director; Peter Vickerman, Planning Manager; Ken Ashfeld, Public Works Director/ City Engineer; Tim Bush, Fire Chief, 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 Agenda the following: 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: Maple Grove City Council Minutes May 18, 2020 Page 2 MINUTES A. Regular Meeting— May 4, 2020 B. Board of Appeal and Equalization Reconvene Meeting — April 28, 2020 PERSONNEL ITEMS C. Records Management Technician Appointment Motion to approve the appointment of Ashley Jordet to the position of Records Management Technician in the Police Department, at an annual salary of$ 47, 523. 84 ( 5C), effective on June 1, 2020, subject to a 12- month probationary period. All required screenings and background checks have been successfully completed. COMMUNITY & ECONOMIC DEVELOPMENT ITEMS D. The Village Arbor Lakes 2020 PUD Concept State Plan Amendment— Senior Housinz - Resolution No. 20- 071 Motion to adopt Resolution No. 20- 071 approving the PUD Concept Amendment for The Village Arbor Lakes. ENGINEERING ITEMS E. Appaloosa Woods 6th Addition Developer' s Agreement Motion to approve the Developer' s Agreement for Appaloosa Woods 6th Addition subject to final review by the City Attorney and Director of Public Works. F. Agreement between Citv and MnDOT - Resolution No. 20- 075 Motion to Adopt Resolution No. 20- 075 approving an agreement between the City of Maple Grove (" City") and State of Minnesota Department of Transportation (" MnDOT") with respect to special assessments. G. Elm Road Street & Utility Project No. 20- 08 - Resolution No. 20- 073 Maple Grove City Council Minutes May 18, 2020 Page 3 Motion to adopt Resolution No. 20- 073 receiving feasibility report for Elm Road Street & Utility Project No. 20- 08 and establishing public hearing. H. Government Center Window Repair Project No. 18- 15 Chance Order No. 1 Motion to approve Government Center Window Repair Project No. 18- 15 Change Order No. 1 in the amount of$ 16, 560. I. Havenwood of Maple Grove Street and Utility Project No. 19- 17 - Resolution No. 20- 074 Motion to adopt Resolution No. 20- 074 approving plans and specifications and authorizing advertisement for bids for Havenwood of Maple Grove Area Street and Utility Project No. 19- 17. J. Sureties Motion to approve the surety actions as identified on the Council Action Form. ADMINISTRATIVE ITEMS K. Letter to Governor Walz rep-ardin2 support of business reopeninv- Motion to ratify a letter from the Maple Grove Mayor and City Council to Minnesota Governor Tim Walz supporting the reopening of businesses in Maple Grove. L. Adoption of Updated MaDle Grove Code of Ordinance Chapter 18 — Fire Prevention and Protection - Ordinance No. 20- 07 Motion to approve Ordinance No. 20- 07 updating Chapter 18 — Fire Prevention and Protection of City Code and authorizing publication of the Ordinance Summary. M. Declare Intent to Issue Bonds for Street Rehabilitation Proiect - Resolution No. 20- 072 Maple Grove City Council Minutes May 18, 2020 Page 4 Motion to adopt Resolution No. 20- 072 declaring intent to issue bonds for the street rehabilitation projects. CLAIMS N. Motion to approve the claims as listed: City Checks: $ 829, 093. 26 Purchasing Card: $ 7, 174. 51 Electronic Payments: $ 351. 41 Motion by Councilmember Jaeger, seconded by Councilmember Leith, to approve the Consent Items as amended by correcting Page 17 of the May 411 minutes noting the reference to the Lake Quality Board meeting should be FLARA - Fish Lake Area Resident Association. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Consideration None. of Items Pulled from the Agenda Special Business Open Forum There were no open forum issues brought before the Council at this meeting. Update on Fire Chief/Emergency Management Director provided the COVID- 19 Council with an update on the City' s response to COVID- 19. Response He reported the governor declared a peacetime emergency on March 13 h because of the COVID- 19 pandemic. He commented on the number of executive orders the governor has put in place since that time. He reviewed the new executive order the governor approved that would slowly lift restrictions. He reviewed the number of COVID- 19 cases that have occurred in Minnesota compared to other states. He anticipated the number of positive cases in Minnesota would increase as testing increases. He reviewed the Minnesota model for COVID- 19 Maple Grove City Council Minutes May 18, 2020 Page S cases and indicated the State has had 16, 372 positive tests and 731 deaths. He reported those over the age of 65 or those with underlying health conditions were in the greatest danger. He commented further on the measured phased approach that would be followed in order to reopen businesses and the State of Minnesota. He discussed a live burning training that would be conducted by the Maple Grove Fire Department. He commented on how staff was working to adjust summer recreation programming in order to keep the community safe. Mayor Steffenson thanked Fire Chief Bush for his report and dedicated service on behalf of the City of Maple Grove. City Staff Police Chief Werner reported due to the COVID- 19 pandemic, Retirement the city has been unable to honor city retirees with a celebration Recognition of service with colleagues, family, and friends in attendance. He reported Police Officer David Anton has served the community for the past 33 years. He took a moment to discuss Officer Anton' s experience with the city. He thanked Officer Anton for his dedicated service and contributions to the City of Maple Grove. Councilmember Leith stated he has had many interactions with Officer Anton over the years. He indicated Officer Anton was an outstanding police officer and a great person. He wished Officer Anton all the best in his retirement. Councilmember Jaeger commented it has been a pleasure to know Officer Anton and she wished him a happy retirement. Councilmember Hanson congratulated Officer Anton for his years of service and wished him a wonderful retirement. Mayor Steffenson explained Officer Anton has been a tremendous officer for Maple Grove and was a great role model for the department. Councilmember Barnett thanked Officer Anton for his service to the City of Maple Grove and wished him well in his retirement. She hoped that the city would be able to call all recent retirees back at some point in order to celebrate their retirement. Community Development Maple Grove City Council Minutes May 18, 2020 Page 6 Items Territorial Planning Manager Vickerman explained the applicant seeks Greens PUD three separate approvals for the Territorial Greens project. He explained the applicant seeks approval for a Planned Unit Residential Development ( PUD) Concept Stage Plan to change the Concept Plan proposed uses on the east side from 56 detached homes to 73 Amendment townhomes. Additionally, the applicant seeks approval for a Territorial Development Stage Plan, Preliminary and Final Plat for 73 Greens East & townhomes on the east side. The applicants seek approval for a West Development Stage Plan, Preliminary and Final Plat for 208 Development apartments and 13 villas on the west side. The area in question is bisected by Territorial Road and sits between Elm Creek Park Stage Plan Reserve to the north and County Road 81/ Minnesota State Preliminary Highway 610 to the south. The site received Concept Plan and Final approval in 2018 as well as Development Stage Plan, Rezoning, Plats Preliminary and Final Plat approval for the east side and the 13 villas on the west side. The apartments only had Concept Plan approval in 2018. The rezoning remains valid. Staff commented further on the three separate requests and noted the Planning Commission recommended denial of the three components. The main concerns of the Planning Commission were with the transportation system at Territorial Road and Fernbrook. Further information from the traffic study was reviewed in detail with the Council. Councilmember Leith asked the distance between the existing townhomes. Planning Manager Vickerman stated he did not have the setbacks for this project in front of him. Councilmember Leith discussed the previous plan compared to the new plan noting it was quite an adjustment going from 56 detached homes to 73 townhomes. Councilmember Hanson reported the Planning Commission voted to deny this request 5- 2. Planning Manager Vickerman reported this was the case. Councilmember Hanson commented the proposed amendment was not a substantial change. She indicated there was a style change and only a slight increase in the number of units. She stated there was only a net increase of 25 units, which was within the city' s density requirements. Planning Manager Vickerman provided the Council with a density comparison for Maple Grove City Council Minutes May 18, 2020 Page 7 the projects comparing the 2018 plans to the 2020 plans. Councilmember Hanson questioned if the townhomes would be rental or owner occupied. Planning Manager Vickerman reported the townhomes would be owner occupied. Mayor Steffenson requested the Council make a motion to accept the comments, email and letters provided to the city prior to this meeting. Motion by Councilmember Jaeger, seconded by Councilmember Hanson, to accept the comments, emails and letters provided to the city prior to this meeting. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Mayor Steffenson requested comment from the applicant at this time. Beth Hustad, Trek Real Estate, introduced herself and her team members to the City Council. She thanked the Council for considering her request and noted she was available for comments or questions. Jared Ward, Civil Engineer with Wenk, reported he has been a civil engineer in the municipal world for the past 16 years. He understood traffic was a big concern for this project as it was for most developments. He discussed the updated traffic data noting the interim improvements would provide adequate traffic levels and service. Councilmember Hanson commented she understood the traffic studies have addressed the levels of traffic. She indicated her primary concern was with public safety, particularly with vehicles trying to exit Territorial Road onto Fernbrook. She explained the sight lines were bad and there was not a lot of time for vehicles to pull out onto Fernbrook. She discussed how additional development would continue to exacerbate traffic in this area. She asked if there would be a turn lane coming down from Dayton onto Fernbrook. Mr. Ward reviewed the turn lanes that would be installed along Fernbrook to improve vehicle stacking and overall traffic safety. He stated as this area continues to grow and develop there were other improvements that Hennepin County could consider. He noted he had not reviewed the crash data, from a safety perspective for Maple Grove City Council Minutes May 18, 2020 Page 8 the intersection at Fernbrook and CSAH 81. Councilmember Hanson stated the developments in this area were fairly new. She indicated the density in this area would only continue to increase. Her concern was that the crashes would occur before proper infrastructure was in place. Mr. Ward stated he completely understood this concern and discussed how the proposed improvements supported the traffic data to improve vehicle safety. Greg Soule, legal counsel for JB Land, commented he understood there were a lot of traffic concerns from the city. He discussed the legal issues at hand and reviewed a letter he drafted to the City Council. He reviewed the history of this project noting the western portion of this project had received preliminary approval and was not deemed to be detrimental to existing roads and traffic. He explained the city had referred to previous traffic studies that need to be further evaluated with the county. He commented none of these improvements were a condition for concept approval. He reported the city blessed this project when concept approval was granted. He indicated he was now seeking Development Stage Plan approval and according to City Ordinances, the only issue at hand was whether or not the Development Stage Plans were substantially in compliance with the Concept Stage Plans. He explained the staff report states the plans are substantially in compliance. He stated City Ordinances direct the Planning Commission to focus on this as the sole criteria for evaluating Development Stage approval. He reported traffic was not a consideration as this was already dealt with at Concept Stage approval. He indicated the only matter before the Council was whether or not the Development Stage Plans were consistent with the Concept Stage Plans. He commented staff has deemed the west portion of this project was consistent. He understood the traffic concerns to be valid, but with all due respect, were not pertinent to the matter at hand. Ms. Hustad stated she understood Councilmember Hanson' s concerns regarding traffic. She noted there were two ingress/ egress locations for this neighborhood. She commented further on the ingress/ egress locations. Councilmember Hanson explained she voted no to this project in 2018 because she had concerns with traffic. She indicated Maple Grove City Council Minutes May 18, 2020 Page 9 she was hesitant to approve the 42- unit apartment but did so because there were assurances the city was working with Hennepin County in order to create a long- term solution for this area. She noted the traffic concern for this area was pertinent. She stated this area of Maple Grove has more residents living in it now than in 2018 and the traffic concerns from these residents were valid. Councilmember Jaeger asked if the Fischer development road was used to access two developments. Planning Manager Vickerman reported there was a private drive off of Territorial Road that accessed the Territorial Woods apartment building and the Fernbrook View apartment building. Councilmember questioned how the city defined Jaeger concept. Planning Manager Vickerman stated the concept is the general arrangement of uses, access and associated densities. Councilmember Jaeger inquired if changes occur after concept approval. City Attorney Templin reported development stage approval has more detail, finer grain details about a specific development. He explained concept approval laid out the type of use and the density. He stated the need for the amendment was due to the increase of units over the 10% threshold. Councilmember Jaeger indicated Fernbrook was a country road that was never meant to handle all of this traffic. She reported Dayton was involved in this traffic problem as well given the high level of development occurring in Dayton. She believed it was time for the Mayor of Dayton to become involved in this issue in order to alleviate some of the traffic concerns. Councilmember Jaeger asked when grading would begin on this project. Ms. Hustad commented the developers would like to begin grading and road improvements as soon as possible. She then discussed the 10- month delay that had occurred on this project due to MnDOT and ponding issues. She explained a change in housing product was required in order to make room for the necessary stormwater ponding. She indicated she did not want to lose another construction year for this project. Councilmember Jaeger questioned if the applicant had received approval from the watershed district. Jack Ammerman, Civil Engineer with Wenk, discussed the stormwater treatment and ponding systems within this project. He noted he was still Maple Grove City Council Minutes May 18, 2020 Page 10 working through the watershed approval process. Councilmember Jaeger commented it may take the applicant two years to complete this project and to have it ready for occupancy. She stated by that time, hopefully further traffic safety measures would be in place. Mr. Ammerman reported he would be working with the city engineers to phase in the public improvements. Councilmember Barnett questioned what the timeline was for this request. She asked if the city had time to work with the county to find transportation solutions to appease the residents, given the fact the applicant was requesting a 30% increase in units for the townhouse project. Planning Manager Vickerman explained the application came in on March 30th which meant the 60 day deadline was May 29th. He reported this has been extended an additional 60 days. He noted the 120 day review period would expire on July 28th Councilmember Leith reiterated the applicant was requesting a 30% increase in the townhomes over the original concept plan. He explained an amendment was required because this was over the 10% allowable change. He discussed Mr. Hagen' s traffic memo and noted if the improvements are not made, the traffic in this area will be a Level D or F. He stated no improvements have been made in the past two years. He expressed concern with the speed of traffic along Fernbrook. He asked if the speed of traffic could be reduced as traffic approaches Territorial. Public Works Director/ City Engineer Ashfeld stated six to nine months ago the Council took action requesting Hennepin County and MnDOT conduct a speed study on this corridor for the purpose of reviewing speed limits northbound and southbound. He reported this work was completed last fall and MnDOT determined the speed in both directions should remain as is. He indicated Hennepin County has jurisdiction over this roadway. He noted the city requested to review the data related to a number of issues, specifically to the speed in the northbound direction. He anticipated that as additional urbanization occurs along this corridor the city would become more successful in arguing its case, but at the moment the city has not be successful. Councilmember Leith stated with all of these new units coming and more traffic along Territorial Road, would this help the city Maple Grove City Council Minutes May 18, 2020 Page 11 argue its position. Public Works Director/ City Engineer Ashfeld commented this would not hurt the city. He reported most speed studies are based on the comfort level with which the motoring public was actually traveling. He stated if the motorist feels comfortable traveling a certain speed that is the speed limit MnDOT zeros in on. He explained in the past, the city was afforded a bit of flexibility but in this case, a hard line has not been set. Councilmember Leith stated he was concerned with how the hill on CR 81 was impacting the speed and safety of traffic. Public Works Director/ City Engineer Ashfeld commented sight distance was slightly prohibitive because of the hill. He indicated the bigger issue was the speed of traffic coming from the east and the ability to judge an appropriate gap. He reported an acceleration lane has been proposed and the county has not been really receptive to this. He noted there was a great deal of pavement in this location and when this project was done in 2004, this was a BRT route. He commented on how an acceleration lane would impact traffic and noted he would continue to have discussions with Hennepin County. Councilmember Hanson asked if there was concern or interest from the county to extend Maple Grove Parkway. Public Works Director/ City Engineer Ashfeld stated the extension of Maple Grove Parkway would be tied with some jurisdictional transfer with Hennepin County. The city was hopeful this extension would occur in 2021 and a lot of these traffic issues would go away. He commented further on the interim and permanent solutions that were needed for this area of Maple Grove. Mayor Steffenson explained he has not been successful in receiving a commitment from the county to extend Maple Grove Parkway. He reported there was some discussion about exchanges of jurisdictional control over roads in Maple Grove without compensation to the city for all of the significant improvements the city has made. He indicated there simply was not any interest in the expansion or completion of Maple Grove Parkway. John Rask, MI Homes, stated as Ms. Hustad indicated he has been working on this project since 2018. He commented if not for MnDOT this project would already be underway. He explained the proposed change was necessary to make room for ponding. He noted the change from 54 single family home units Maple Grove City Council Minutes May 18, 2020 Page 12 to 73 townhomes units would not increase traffic. He indicated whether or not this project goes forward, there was a traffic problem. It was his hope that if this project were to move forward, some of the transportation issues could be addressed. He reiterated that doing nothing isn' t going to fix the problem. He provided further comment on the timeline of the project, noting the project would take three years to complete. He understood there was traffic in this area, but commented if the area had zero traffic no one would want to live there. He stated he has worked in good faith with the city to move this project along and believed it would be a shame for it not to be approved. In addition, he noted the project was consistent with the Comp Plan. Councilmember Jaeger agreed that in order to get anything done, traffic had to be created and without traffic, nothing would be developed. Mayor Steffenson opened the meeting for public comments at this time. Bart Hanson, 13999 102° d Avenue North, stated he lives along Territorial Road. He requested further comment on the extension of Maple Grove Parkway. Public Works Director/ City Engineer Ashfeld described how the city was proposing to align Maple Grove Parkway. He encouraged Mr. Hanson to email him so he could send graphics regarding the Maple Grove Parkway extension. Mr. Hanson discussed how the cars in this area were not only from Maple Grove but were also from Dayton. He noted there was a great deal of development occurring in Dayton as well, which was compounding the traffic issues. Kim Jones O' Brien, 10254 Chesshire Lane, stated she lives in the Territorial Woods development. She thanked everyone for their comments. She reported she worked as a Police Officer in Bloomington for 29 years where she investigated serious and fatal accidents. She explained she was concerned with the traffic in this area and how the next developments in Maple Grove and Dayton would continue to compound this issue. Scott Hanneman, 13693 Territorial Road, commented he has lived in his home for the past five years. He stated he felt passionate about the traffic issues along Territorial Road. He Maple Grove City Council Minutes May 18, 2020 Page 13 understood the city has been working hard to address the traffic issues with the county but recommended the city not feel forced to approve this project given the fact the concept plan had changed. He discussed how traffic along CSAH 81 has changed since TH610 was expanded. He noted the sight lines were dangerous with the hill. He feared that a fatal accident would occur at this intersection. He reported the traffic data shows the number of cars in his neighborhood would double if this development were approved. He stated he was concerned with how the existing and future residents would be impacted by noise given the proposed tree loss. He encouraged the Council to not approve this project without having the proper infrastructure in place. Ms.Hustad clarified after speaking with MnDOT in 2018, MnDOT has stated there is a natural sound barrier in place, because of the elevation change. Councilmember Leith supported action on this item being tabled to allow Mr. Ashfeld to speak further with the county prior to the city putting more cars on this roadway. He requested staff speak with the county regarding a possible acceleration lane and the potential to slow traffic along Territorial Lane as it approaches CSAH 81. Councilmember Hanson agreed with Councilmember Leith to table action at this time. She commented she did not have anything against the project but was concerned the issues discussed in 2018 had not been addressed. Councilmember Barnett supported the item being tabled. Motion by Councilmember Leith, seconded by Councilmember Jaeger, to table action on the Territorial Greens project to the June 15, 2020 City Council meeting. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Report On Community and Economic Development Director Hogeboom Upcoming updated the Council regarding the following: Community An update was provided on the COVID- 19 ELF program and Economic noting the city received 20 applications in the first hour and Development reported the city has received a total of 35 applications from Maple Grove City Council Minutes May 18, 2020 Page 14 Items retail, food and bars establishments in the city. The Planning Commission meeting scheduled for May 26th has been canceled. It was noted the city was working with local businesses to utilize outdoor space to encourage proper social distancing. Chalkfest would be held the last weekend of August on Arbor Lakes Parkway. He noted this was a larger space that would assist with social distancing people for the event. The Council thanked staff for all of their efforts on the COVID- 19 ELF program. Report on Director of Public Works/ City Engineer Ashfeld updated the Council regarding the following: Upcoming Engineering Staff provided the Council with a recap on the results from the City Cleanup Day. He noted there was an increase in Items drop- offs this year. Staff provided the Council on the BUILD 610 initiative. Heidi Nelson, Ms. Nelson explained that the Council has her Monday report if there are any questions. She reported the legislative session City Administrator Wrapped up on Sunday, May 1711'. She noted the House bonding bill included TH610 completion and the North Metro Range expansion and on the Senate side TH610 was included. She stated a Special Session would occur on June 12th. She indicated the city was discussing how to properly reopen and was targeting to reopen the Government Center passport office around June 1st. She explained the city was preparing for absentee balloting for the primary which would begin on June 26th. She reported there would be an emphasis on mail- in balloting. Items Added Councilmember Jaeger congratulated all of the high school and to the Agenda college She reminded all of these individuals that they seniors. are braver than they believe, stronger than they seem, smarter than they think and loved by more than they know. Councilmember Jaeger thanked all of the residents who have been sending communications to the Police and Fire Department. She stated she appreciated all of their efforts. Maple Grove City Council Minutes May 18, 2020 Page 15 Councilmember Jaeger encouraged residents to be kind, patient and understanding. Councilmember Jaeger thanked all of the residents who took time to send emails, messages and called in to address the concerns along Territorial Road. Mayor Steffenson thanked all of the individuals who helped with the plantings on Saturday, May 16th. He stated the plantings were a little more complicated this year due to COVID- 19, so he really appreciated all those that took the time to help. Adjournment Motion by Councilmember Jaeger, seconded by Councilmember Hanson, to adjourn to the regular City Council meeting on June 1, 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 9: 22 p.m. by Mayor Steffenson. Respectfully submitted, C r t Heidi Nelson City Administrator