City Council

Maple Grove City Council Meeting Meeting Minutes June 1, 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 June 1, 2020 at the Maple Grove Government Center/ Public Safety Facility, Hennepin County, Minnesota and via WebEx. 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; Assistant City Engineer Jupe Hale; Fire Chief, Tim Bush; 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 deletions to the Consent Agenda to which Heidi Nelson stated the Agenda the following: Item Amended to the Agenda None Item Amended to the Consent Agenda None Item Added to the Agenda 5B. Update from Chief Werner - City Response to Civil Unrest and Consideration of Resolution No. 20- 082 Item Removed from the Consent Agenda for Discussion None Maple Grove City Council Minutes June 1, 2020 Page 2 Consent Items The following Consent Items were presented for Council' s approval: MINUTES A. Regular Meeting— May 18, 2020 PERSONNEL ITEMS B. Lead Heavv Equipment Operator Appointment Motion to approve the promotion of Jon Geithman to the position of Lead Heavy Equipment Operator at an annual salary of $ 70, 175. 04 ( MAX step per Union Contract), effective on 6/ 2/ 2020, subject to a 6- month probationary period. Motion to authorize staff to begin the recruitment process for the internal vacant position of Heavy Equipment Operator in the Public Works Department as a result of this promotion. C. Recruitment Approval for Police Officer Motion to authorize staff to begin the recruitment process for the position of Police Officer in the Police Department. D. Ratifv COVID- 19 Re- Opening and Preparedness Plan Motion to ratify the COVID- 19 Re- Opening and Preparedness Plan. COMMUNITY & ECONOMIC DEVELOPMENT ITEMS E. Ratifv Policv for Temporary Use of Outdoor Customer Service Areas Motion to accept and ratify the Policy for Temporary Outdoor Customer Service Areas. ENGINEERING ITEMS F. Final Acceptance Proiect No. 2017- 19 Motion to approve the final acceptance of Arbor Lakes Business Maple Grove City Council Minutes June 1, 2020 Page 3 Park Phase 1 Area Street and Utility Project No. 2017- 19 completed by C. S. McCrossan Construction, Inc. subject to the warranty provisions of the contract and statutory law. G. Removal of Certain Special Assessments from Certification/ Active Status - Resolution No. 20- 076 Motion to adopt Resolution No. 20- 076 removing intended special assessments under Levy 20192 from Certification/ Active Status. H. Sureties Motion to approve the surety actions as identified on the Council Action Form. ADMINISTRATIVE ITEMS I. Agreement with Parnassus Preparatory_ School for Zachary_ Park- and- Ride License Agreement Motion to authorize the Mayor and City Administrator to execute the Zachary Park- and- Ride License Agreement between the City of Maple Grove and Parnassus Preparatory School for a term of June 2, 2020 through May 31, 2022 J. Commercial Kennel Licenses Motion to approve a Commercial Kennel License for Pet IQ located at 9451 Dunkirk Lane. K. Authorize Contracts for Public Safety Facilitv Phase 2 Office Remodel/ Reconfi" ration Project - Resolution No. 20- 077 Motion to adopt Resolution No. 20- 077 accepting proposals for the remodel project for the second floor of the Public Safety Facility/ Police Department ( 1) from Intereum for the cost of office furniture and labor for design; ( 2) from Riversedge Flooring, Inc. for carpet replacement; and ( 3) from Richtone Painting for drywall repair and painting. L. Authorize Agreement with LEO A DALY for Professional Design Services of Geotechnical and Survev Site Due Maple Grove City Council Minutes June 1, 2020 Page 4 Diligence Phase 1 — Legislative Session Pre- Work - Resolution No. 20- 081 Motion to approve Resolution No. 20- 081 authorizing the chief of police to enter agreement with LEO A DALY for Professional Design Services of Geotechnical and Survey Site Due Diligence Phase 1 — Legislative Session Pre- work at a cost of$ 3, 500, plus a cost reimbursement limited to a maximum of 250. Approval for the Geotechnical and Site Survey contracts and cost will be brought before the City Council upon completion of RFP process by LEO A DALY. M. Award 2020/ 2021 Insurance Coverage Motion to place the city' s property, marine, crime, automobile, municipal liability, boiler/machinery, excess liability and workers compensation coverage with the League of Minnesota Cities Insurance Trust. Motion to place the city' s computer coverage with Travelers Property Casualty Company. CLAIMS N. Motion to approve the claims as listed: City Checks: $ 2, 165, 028. 90 Purchasing Card: $ 0 Electronic Payments: $ 8, 774. 00 Motion by Councilmember Leith, seconded by Councilmember Barnett, 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 the Agenda Maple Grove City Council Minutes June ] 2020 Page 5 Special Business Open Forum There were no open forum issues brought before the Council at this meeting. Senator Senator Warren Limmer provided the Council with an update on the highlights from the legislative session. He discussed how Limmer Presentation the economy has changed since January 1st. He commented on the federal money that was coming to the State of Minnesota due to the COVID- 19 pandemic. He reported a special session would begin on June 12th. He was hopeful that the city' s bonding requests would be addressed in the special session. Councilmember Hanson questioned what type of discussion would be held regarding law enforcement reform during the special session. Senator Limmer explained writing a bill and passing this bill would not change behavior. He anticipated other discussions and reform would be necessary. Councilmember Jaeger thanked Senator Limmer for his update and encouraged him to stay safe. Mayor Steffenson thanked Senator Limmer for his presentation and for all of his efforts on behalf of the City of Maple Grove. Update from Police Chief Werner provided the Council with an update on the city' s response to civil unrest. He reported the Police Chief Werner Department actively monitored the events that occurred on May City Response 25th after the in- custody death of George Floyd. He stated to Civil Unrest following those events a number of operational changes were made within the Police Department to ensure the health, safety and and welfare of the city' s residents and businesses. He explained Consideration staff was augmented to respond to the developing events while of Resolution still meeting the needs of the community. He indicated mutual No. 20- 082 aid partners activated emergency plans allowing the Maple Grove Police Department and other agencies the ability to request additional personnel and resources. He believed the city' s investment in community outreach over the past several years has facilitated a strong relationship and level of communication level with those groups in the city. He stated for the past three days an emergency curfew has been in place. He requested the Council consider approving Resolution No. 20- 082 to extend the curfew to Monday, June 1, 2020 from Maple Grove City Council Minutes June 1, 2020 Page 6 10: 00 p. m. to Tuesday, June 2, 2020 at 4: 00 a. m. and for Tuesday, June 2, 2020 from 10: 00 p. m. to Wednesday, June 3, 2020 at 4: 00 a. m. Councilmember Hanson thanked Police Chief Werner and all of his officers for their efforts on behalf of the community. She requested Police Chief Werner read the statement from the public regarding implicit bias and police training. Police Chief Werner explained he believed his department was very highly trained and received implicit bias training from a national program. In addition, his officers receive the highest level of training possible ( 40 hours) for crisis intervention and de- escalation. He commented further on the department' s use of force and cultural awareness training. He stated he was very proud of the department' s efforts in the school district and with the community. City Administrator Nelson discussed the emergency curfew that was in place and noted this curfew was in alignment with the other communities in the Twin Cities. She requested the Council consider continuing this curfew June 15` and June 2° d. She explained if the resolution were approved staff would be putting this information out on all of the city' s social media channels. Councilmember Leith noted a number of communities surrounding Minneapolis and St. Paul have already enacted this curfew. City Administrator Nelson reported this was the case. Councilmember Leith stated he supported the proposed curfew extension. Councilmember Barnett explained she has heard from over 300 residents that supported the curfew. She indicated she would be supporting the resolution. Mayor Steffenson commented he would be supporting the curfew extension as well. He believed the curfew was a helpful tool for the community and the Maple Grove Police Department. Motion by Councilmember Leith, seconded by Councilmember Barnett, to adopt Resolution No. 20- 082 to extend the curfew to Monday, June 1, 2020 from 10: 00 p. m. to Tuesday, June 2, 2020 at 4: 00 a. m. and for Tuesday, June Maple Grove City Council Minutes June 1, 2020 Page 7 29 2020 from 10: 00 p.m. to Wednesday, June 3, 2020 at 4: 00 a. m. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Mayor Steffenson reviewed a public comment received via email from Hawanya Hopson, 12597 84th PI N, asking why low income families have not received proper assistance from the USDA since school let out in March. Mayor Steffenson explained this may be an issue with the county and encouraged staff to follow up with Ms. Hopson. Mayor Steffenson reviewed a public comment received via email from Mary Goldy, 9261 Olive Ln N, stating she would like to understand what was changing in the city as a result of the recent systemic racism. Mayor Steffenson reported Ms. Goldy was willing to stand up and help the leaders in the community. Update on Fire Chief/Emergency Management Director Bush provided the COVID- 19 Council with an update on the city' s response to COVID- 19. Response He stated on March 13th the governor declared a peacetime emergency due to COVID- 19 and since that time the governor has issued 69 executive orders. He reported Maple Grove was in the process of safely reopening the economy and allowing non- work activities to resume. He explained the COVID- 19 pandemic was not over in Minnesota as the number of cases remained steady. He commented the state was successful in slowing the spread but it was not over. He reported COVID- 19 remains most dangerous to those over the age of 60. He stated all essential services were being provided through the pandemic by the City of Maple Grove. He thanked staff for their tremendous efforts on the Farmer' s Market in order to allow this event to continue with proper social distancing. 7: 30 p. m. Assistant City Engineer Hale stated there were some easement Public issues surrounding Lord of Life Church. He explained the vacations were in preparation of making the connection of 73, d Hearing Avenue at the south entrance of Lord of Life Church where a roundabout would be installed. He commented further on the Easement location of the easements with the Council and recommended Vacations approval of the easement vacations. Resolution No. Motion Councilmember Leith, by seconded by 20- 080 Councilmember Barnett, to open the public hearing. Upon Maple Grove City Council Minutes June 11 2020 Page 8 call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Mayor Steffenson opened the public hearing at 8: 02 p.m. and asked if anyone would like to address this issue. No public testimony was offered. Motion by Councilmember Leith, seconded by Councilmember Barnett, to close the public hearing at 8: 03 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 Hanson, to approve adopting Resolution No. 20- 080 vacating certain easements located in the City of Maple Grove, County of Hennepin, State of Minnesota, subject to the filing of a plat depicting appropriate and necessary rights- of-way. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. 7: 30 p. m. Assistant City Engineer Hale requested the Council consider Public proposed improvements along Elm Road. He described the improvements that would be done as part of this project which Hearing included streets, watermain, sanitary sewer and storm sewer Elm Road system. He reported the project would cost $ 18. 34 million noting $ 8 million of the project costs would be assessed. Staff Area Street & commented further on the proposed improvements and Utility Project recommended approval of the street and utility project. No. 20- 08 Councilmember Leith requested further information regarding Resolution No. the pedestrian improvements that would be installed along Elm 20- 078 Road. Assistant City Engineer Hale reported an eight foot wide asphalt trail would be installed along the south side of Elm Road and a six foot wide sidewalk would be installed on the north side of Elm Road. Councilmember Jaeger asked if this development had a high elevation given the fact the development would have a lift station. Assistant City Engineer Hale indicated the development sits at the top of the highest point of Elm Road. He commented further on the elevations changes that lead to this development. Councilmember Jaeger questioned what the watershed district Maple Grove City Council Minutes June 1, 2020 Page 9 had to say about this development. Assistant City Engineer Hale reported the applicant was seeking approval from the watershed district for the stormwater system and storm ponds. Councilmember Hanson inquired about the traffic concerns at Vicksburg and Elm Road. She questioned if a traffic control device would be installed at this intersection. Assistant City Engineer Hale stated a signal warrant analysis was completed for this intersection. He explained a signal was not warranted at this time, but anticipated as traffic increases over the next 10 years a signal may be necessary. Councilmember Hanson requested staff address the concerns raised regarding u-turns at the medians. Assistant City Engineer Hale reviewed the concerns raised by Mark Gilbert noting he was concerned about u-turns occurring at the median directly in front of his home. He explained he spoke directly with Mr. Gilbert and reported left turns would be allowed at openings in the median. Councilmember Hanson asked if trees would be installed in the median. Assistant City Engineer Hale reviewed the location of the boulevard trees along Elm Road. Motion by Councilmember Jaeger, seconded by Councilmember Leith, 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 8: 17 p.m. and asked if anyone would like to address this issue. Mayor Steffenson reported the city received a comment from Ruth Kulberg, 6210 Comstock Lane N, stating she would like the speed limit along Elm Road to be 30 miles per hour and recommended the median be landscaped to assist with traffic calming measures. Mayor Steffenson reported the city received an email from Lynn Donaghy, 6265 Niagra Court N, stating she lives in the Rosemary Woods development. Ms. Donaghy had concerns with how traffic levels would increase along Elm Road and how this would impact the flow of traffic. Phil Hermann, 16683 Elm Road, asked what easements would Maple Grove City Council Minutes June 1, 2020 Page 10 be in the front of his property. He expressed frustration with the fact the numbers were changing. Assistant City Engineer Hale reported the existing roadway width was 66 feet or 33 feet on either side of the centerline. He explained the proposed roadway would be 80 feet wide or 40 feet on either side of the centerline. He reported the city would not be purchasing right- of-way but rather the roadway would be placed within city property. He discussed the staging of the project and explained plans were being finalized on how access would be maintained. Mr. Hermann stated he would like to better understand where the centerline was located. Mayor Steffenson encouraged staff to contact Mr. Hermann and to stake his property. Assistant City Engineer Hale reported this could be done. Kim Hoekstra, 16912 Elm Road, expressed concern with the roadway width and how this street and walking paths would encroach onto her property. She stated she would like to better understand where the current centerline was located. Mayor Steffenson encouraged staff to stake Ms. Hoekstra' s property as well. Ms. Hoekstra thanked the city for taking into consideration the comments and concerns being voiced by the neighbors. Scott Kulberg, 6210 Comstock Lane, asked if the Council would be voting on this matter this evening. Mayor Steffenson reported the Council would be taking action on this item this evening. Mr. Kulberg expressed frustration that this matter would be approved prior to the neighbors knowing where the street right- of-way would be for Elm Road. Public Works Director/ City Engineer Ashfeld explained the Elm Road project would be constructed within the city rights-of-way that currently exist. He reported the roadway and trail will reside within the right- of- way. He indicated the city would not be extending the roadway width into private property. Mr. Kulberg stated he has concerns with the storm water that would be flowing into Elm Creek. Assistant City Engineer Hale discussed the measures that would have to be taken and noted no additional waters could flow into the creek than were already flowing into the creek. He commented further on the rate control standards that were in place through the watershed Maple Grove City Council Minutes June 1, 2020 Page I district. Mr. Kulberg indicated he was concerned with the fact an environmental impact study had not been completed. He stated he wanted to be assured his well would not be contaminated and that the level of Elm Creek would not rise. Assistant City Engineer Hale reported the wells in the area were in deep aquifers and would not be impacted by surface water. He discussed the rate control measures that would be in place for the creek. Mr. Kulberg questioned why an environmental impact study would not be completed. Public Works Director/ City Engineer Ashfeld reported a development of this size does not meet the threshold for an environmental impact study. He explained wells were more threatened by private onsite sewage systems than by surface water. He stated the city has a 50 year history of completing developments without impacting wells. Further discussion ensued regarding the impact this development could have on the surrounding area. Mr. Kulberg asked what the ten best BMP' s were for this site. Public Works Director/ City Engineer Ashfeld stated this relates to best management practices for managing stormwater from development but within the natural environments. He explained most of the metro areas lakes and waterways have been impaired by lack of oxygen, lack of flow or by chlorides. He proudly reported Weaver Lake and Fish Lake have come off the impaired list. Assistant City Engineer Hale reviewed the stormwater management system in further detail with the Council noting the system was properly sized to manage the stormwater runoff for this development. Councilmember Jaeger reported the watershed district would not allow this development to move forward if there were stormwater runoff concerns. Motion by Councilmember Jaeger, seconded by Councilmember Barnett, to close the public hearing at 8: 48 p. m. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Councilmember Leith thanked staff for all of the information that had been provided to the City Council for this project and Maple Grove City Council Minutes June 1, 2020 Page 12 for going out to stake properties along Elm Road. Councilmember Barnett reported she received several emails from residents encouraging her to deny this request. She noted she would be voting to support the project given the fact the city has been working on this project for quite some time. Motion by Councilmember Leith, seconded by Mayor Steffenson, to approve adopting Resolution No. 20- 078 ordering Elm Road Area Street & Utility Project No. 20- 08, receiving surety and ordering plans and specifications. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Community Development Items Report On Community and Economic Development Director Hogeboom Upcoming updated the Council regarding the following: Community Staff would be virtually attending an Urban Land Institute and Economic Housing Summit on Tuesday, June 2na Development Items It was noted the city has had 14 applications for expanded patio service from local restaurants. Staff updated the Council on the COVID- 19 small business loan program. Report on Director of Public Works/ City Engineer Ashfeld updated the Council regarding the following: Upcoming Engineering Staff provided the Council with an update on the I- 94 Items project. It was noted the rest stop would be closed through November Is'. Staff noted the Maple Grove Parkway ramp would be closed from June 15th through July 25"' Staff would have information regarding Territorial Road and Fernbrook for the Council to review at the June 15t1' City Council meeting. Absentee City Administrator Nelson discussed how the city was preparing Maple Grove City Council Minutes June 1, 2020 Page 13 Voting for for primary voting which would begin on June 26th for the Primary August 1 lth primary. She reported the county has been working Election on options for absentee voting. The three different options were reviewed with the Council and staff requested direction on how to proceed. Councilmember Jaeger supported Option 2. Mayor Steffenson was in agreement the city should move forward with Option 2. Councilmember Barnett stated she supported Option 2 as well. She asked if the city would be able to reduce the number of polling places if a large number of residents were to vote absentee. City Administrator Nelson reported she did not believe the city would be able to reduce the number of polling places. She explained the city was in communication with its election judges and staff was working to recruit additional election judges. Councilmember Hanson stated she supported Option 2 as well. Councilmember Leith supported Option 2 with having only seven days with direct balloting at City Hall before the primary election day. Motion by Councilmember Jaeger, seconded by Councilmember Hanson, to approve providing direction to staff regarding absentee voting for Primary Election with the city open only the last seven ( 7) days with direct balloting before election day. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Heidi Nelson, Ms. Nelson explained that the Council has her Monday report if City there are any questions. Administrator Adjourn to Motion by Mayor Steffenson, seconded by Councilmember Jaeger,to convene the EDA meeting. Upon call of the EDA Meeting motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Mayor Steffenson adjourned the City Council meeting to the Maple Grove City Council Minutes June 1, 2020 Page 14 EDA Meeting at 9: 06 p. m. Reconvene to Motion by Mayor Steffenson, seconded by Councilmember Regular Jaeger, to reconvene to the regular City Council meeting. Upon call of the motion by Mayor Steffenson, there were Meeting five ayes and no nays. Motion carried. Mayor Steffenson reconvened the regular City Council meeting at 9: 15 p. m. Items Added Councilmember Jaeger thanked residents for supporting the to the Agenda local farmer' s market. She reported the farmer' s market would now be open every Thursday from 3: 00 p.m. to 7: 00 p. m. Councilmember Jaeger congratulated Police Chief Werner for his six years of service as Chief this June. Councilmember Jaeger thanked the Police Department and Fire Department for all of their efforts to keep the community safe. She encouraged residents to be patient, kind and understanding. Councilmember Leith stated on Friday, June 12th the Maple Grove Lions would be hosting their 15th Annual Gift of Sight Golf Classic. Mayor Steffenson thanked the public for abiding by the curfew this past weekend. He encouraged residents to continue to abide by the curfew over the next two days. Adjournment Motion by Councilmember Jaeger, seconded by Mayor Steffenson, to adjourn to the regular City Council meeting on June 15, 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: 17 p.m. by Mayor Steffenson. Respectfully submitted, f f Heidi Nelson City Administrator