City Council

Maple Grove City Council Meeting Meeting Minutes April 5, 2021 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 April 5, 2021 at the Maple Grove Government Center/ Public Safety Facility, Hennepin County, Minnesota and online 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; , Jesse Corrow, Associate Planner, Ken Ashfeld, Public Works Director/ City Engineer; Tim Bush, Fire Chief/Emergency Management Director; 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 5F. 2021 Street Rehabilitation Program — Resolution No. 21- 040 Item Amended to the Consent Agenda 3T. Agreement with CM Construction for Maple Grove Transit Station Improvements Project Item Added to the Agenda None Item Removed from the Consent Agenda for Discussion 3P. 2021 Lake Improvement Program Cost -Sharing Expenditures Maple Grove City Council Minutes April S, 2021 Page 2 3S. Citizen Advisory Committee 2021 Workplan Consent Items The following Consent Items were presented for Council' s approval: MINUTES A. Work Session — March 15, 2021 B. Regular Meeting —March 15, 2021 C. Work Session — March 25, 2021 PERSONNEL ITEMS D. Recruitment Approval for Police Officer Motion to authorize staff to begin the recruitment process for the vacant position of Police Officer, due to the resignation of Jake Uhl, which was accepted with an effective date of March 21, 2021. E. Records Management Technician Appointment Motion to approve the appointment of Julianna Hagert to the position of Records Management Technician in the Police Department, at an annual salary of $48, 948. 64 ( 5C), effective on April 7, 2021 subject to a 12- month probationary period. All required screenings and background checks have been successfully completed. F. Records Management Technician Appointment Motion to approve the appointment of Kaylen Boeddeker to the position of Records Management Technician in the Police Department, at an annual salary of $48, 948. 64 ( 5C), effective on April 6, 2021 subject to a 12- month probationary period. All required screenings and background checks have been successfully completed. G. Recruitment Approval for Police Ser eant Motion to authorize staff to fill Police Sergeant position and subsequent positions in the Police Department due to the Maple Grove City Council Minutes April 5, 2021 Page 3 resignation of Matthew Olson effective March 25, 2021. H. Police Sergeant Promotion Motion to approve the promotion of Grant Smith to Sergeant, at an annual salary of $96, 449. 60 ( SGT/ C), effective on April 6, 2021, subject to a 12- month probationary period. COMMUNITY & ECONOMIC DEVELOPMENT ITEMS I. The Ridge at Elm Creek 3rd Addition Final Plat Motion to direct the City Attorney to draft a Resolution approving The Ridge at Elm Creek 3rd Addition final plat. The applicant shall acknowledge that Park Dedication 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. J. Boston Scientific Building 3 West Planned Unit Development Development Stage Plan Amendment - Resolution No. 21- 038 Motion to adopt Resolution No. 21- 038 approving the Boston Scientific Building 3 West Planned Unit Development ( PUD) development stage plan amendment, subject to: 1. Planned Unit Development agreement final review and approval of the City Attorney and the Director of Community & Economic Development. K. ProMed Planned Unit Development Non -Residential Concept Stage Plan, Development Stage Plan, and Final Plat Extension Motion to extend the Rocky Mountains, LLC ( ProMed) Planned Unit Development PUD non- residential concept stage plan, development stage plan, and final plat until April 19, 2022. Maple Grove City Council Minutes April S, 2021 Page 4 L. Structured Assistance Valuing Enterprises ( SAVE) Grant Transfer of Funds - Resolution No. 21- 042 Motion to adopt Resolution No. 21- 042 authorizing the transfer of additional funds from the city' s Revolving Loan Fund ( RLF) to the Economic Development Authority' s Structured Assistance Valuing Enterprises ( SAVE) Grant program. M. Reserve Arbor Lakes Building 4 Planned Unit Development Development Stage Plan and Final Plat - Resolution No. 21- 039 Motion to adopt Resolution No. 21- 039 approving the Reserve Arbor Lakes Building 4 Planned Unit Development ( PUD), development stage plan and final plat, subject to: 1. Planned Unit Development agreement final review and approval of the City Attorney and the Director of Community & Economic Development. ENGINEERING ITEMS N. 99th Avenue Apartments Project No. 19- 18 Final Acceptance Motion to approve the final acceptance of The Grove 12th Addition ( 99th Avenue Apartments) Area Street and Utility Project No. 19- 18 completed by Omann Brothers Paving, Inc. subject to the warranty provisions of the contract and statutory law. O. Elm Road Area Phase II Everest Lane Streambank Stabilization City Project No. 20- 08 Award of Contract - Resolution No. 21- 041 Motion to adopt Resolution No. 21- 041 accepting bid for the Elm Road Area Phase II Everest Lane Streambank Stabilization, City Project No. 20- 08. P. 2021 Lake Improvement Program Cost -Sharing Expenditures This item was removed by Councilmember Jaeger for discussion. Maple Grove City Council Minutes April 5, 2021 Page 5 Q. Quiet Zone Assessment Study Motion to approve the proposal received by SRF Consulting Group, Inc. to provide professional services related to a Quiet Zone Assessment Study of the ten crossings ( eight public and two private) from Brockton Lane to Jefferson Highway along the Burlington Northern Sante Fe Railway Company ( BNSF) with the Cities of Dayton, Maple Grove, and Osseo. R. Sureties Motion to approve the surety actions as identified on Council Action Form. ADMINISTRATIVE ITEMS S. Citizen Advisory Committee 2021 Workplan This item was removed by Councilmember Barnett for discussion. T. Agreement with CM Construction for Maple Grove Transit Station Improvements Project Motion to authorize the Mayor and City Administrator to enter into an agreement with CM Construction Company for the bid award for the Maple Grove Transit Station Improvements project for an amount not to exceed $ 427, 869. U. HCSO Communication System Subscriber Agreement Motion to authorize renewal of an updated HCSO Communication System Subscriber Agreement. V. Maple Grove Days MGCO Fee Waiver Request Motion to waive fees associated with the following permits — Fire and Electrical Inspection fees related to the Special Event Permit for the Maple Grove Community Organization for events held during the 2021 Maple Grove Days Celebration July 14- 18, 2021. W. Farniok Property Quit Claim Deed Maple Grove City Council Minutes Aprils, 2021 Page 6 Motion to approve the conveyance of a quit claim deed for that portion of Lot 4 to the Famiok Trust. CLAIMS X. Motion to approve the claims as listed: City Checks: $ 1, 586, 332. 30 Purchasing Card: $ 29, 482. 34 Electronic Payments: $ 5, 590. 27 Motion by Councilmember Leith, seconded by Councilmember Barnett, to approve the Consent Items as amended, removing item 3P ( 2021 Lake Improvement Program Cost -Sharing Expenditures) and 3S ( Citizen Advisory Committee 2021 of the Workplan). Upon call motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Consideration The following items were pulled from the Consent Agenda. Of Items Regarding Item 3P ( 2021 Lake Improvement Program Cost - Pulled from Sharing Expenditures), Councilmember Jaeger reviewed the the Agenda cost sharing expenditures that were being approved for 23 different projects for the Lake Improvement Program. She explained this expenditure was within the city' s 2021 budget. Motion by Councilmember Jaeger, seconded by Councilmember Hanson, to approve the 2021 Lake Improvement Program and authorize cost -sharing expenditures in the amount of $ 60, 000. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Regarding Item 3S( Citizen Advisory Committee 2021 Workplan), Councilmember Barnett commented on the 2021 workplan noting the Citizen Advisory Committee has been meeting virtually for the past year. She noted this group was working to determine what the long-term plans should be for the Maple Grove Historical Society. Maple Grove City Council Minutes April 5, 2021 Page 7 Motion by Councilmember Barnett, seconded by Councilmember Hanson, for the Mayor and City Council to accept the Citizen Advisory Committee 2021 Workplan. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Special Business Open Forum There were no open forum issues brought before the Council at this meeting. Maria' s Voice Sara Silva, a representative from Maria' s Voice, provided the Presentation Council with a presentation on the work being completed by this nonprofit organization. She thanked Police Chief Werner and the entire Maple Grove Police Department for the agency' s commitment to promoting domestic violence awareness and for supporting the victims of domestic abuse. Ms. Silva presented Police Chief Werner with a framed blessing for the department. A round of applause was offered by all in attendance. Ms. Silva then reviewed the Maria' s Voice Pledge with the City Council and encouraged people to know the signs in order to save lives. She discussed the importance of domestic violence awareness, education and action. She noted she was creating an educational video that could be uploaded for companies in the community. She reviewed the national model for the spectrum of prevention. She stated she looked forward to continuing to work in the City of Maple Grove in order to prevent domestic abuse, to bring awareness, heal and save lives impacted by domestic abuse. Councilmember Leith thanked Ms. Silva for her efforts to bring awareness to domestic abuse. Councilmember Barnett thanked Ms. Silva for educating the public and for spreading the word regarding domestic abuse. Mayor Steffenson thanked Ms. Silva for her continued efforts to make the community better. Retirement of Fire Chief Bush recognized Fire Captain Mario Donato and thanked him for his 25+ years of paid on call service to the Fire Captain Maple Grove Fire Department. He described how Fire Captain Maple Grove City Council Minutes April 5, 2021 Page 8 Mario Donato Donato has served the community and wished him all the best in his retirement. Mayor Steffenson thanked Fire Captain Donato for his dedicated service to the community. Councilmember Jaeger and Councilmember Hanson thanked Fire Captain Donato for his tremendous service and commitment to the City of Maple Grove. Retirement of Fire Chief Bush recognized Firefighter Frank Otten and thanked Firefighter him for his 24 years of paid on call service to the Maple Grove Fire Department. He described how Firefighter Otten has served Frank Otten the community and wished him all the best in his retirement. Mayor Steffenson thanked Firefighter Otten for his dedicated service to the community. Councilmember Jaeger and Councilmember Hanson thanked Firefighter Otten for his tremendous service and commitment to the City of Maple Grove. Update on Fire Chief/Emergency Management Director Bush provided the COVID- 19 Council with an update on the city' s response to COVID- 19. He reported the State of Minnesota continues to see vaccine Response availability increase with accelerated delivery of vaccinations rapidly changing the planned delivery pattern. He explained this was allowing more options to Minnesotans who want to receive the vaccine. He discussed how healthcare providers and chain pharmacies were working to increase the pace of vaccinations. He noted while the supply continues to increase, there was still more demand than available vaccines. He reviewed the number of confirmed COVID cases in Maple Grove along with the trends in Hennepin County. He reviewed the number of Minnesotans that have been vaccinated to -date, stating Minnesota ranked fourth in the nation for its vaccination administration. He then discussed how the CodeRED system worked to provide high speed mass notification to residents and businesses in Maple Grove. He commented further on a message that would be sent via CodeRED on Tuesday, April 6, 2021 at 9: 30 a. m. 7: 30 p. m. Public Works Director/City Engineer Ashfeld requested the Public Council hold a public hearing and consider street reconstruction projects in various areas of the city. He discussed the letters of Maple Grove City Council Minutes Aprils, 2021 Page 9 Hearing objection that had been submitted by the public to staff prior to this meeting. He reviewed the streets included in the project in 2021 Street further detail with the Council and described the work that Would be completed. He commented on how streets age and Rehabilitation Program deteriorate over time. It was noted the city maintains over 280 miles of local streets of various ages. He described why special assessments were charged to residents for the replacement of Resolution No, city streets and reviewed the city' s project funding policy. The 21- 040 three different classifications for homes and the proposed assessments for each home type was discussed in further detail. He explained how city staff selected which streets should be replaced each year noting the city' s objective was to reconstruct streets at lowest possible cost, to retain the existing investment in the streets, the maintain property values, improve aesthetics, enhance neighborhood safety, improve rideability of the street and to provide drainage improvements. He commented further on the improvements that would be completed in Appaloosa Woods, Energy Hills, Woodland Ponds, Wintergreen Area and Huntington Farms and recommended approval of the street rehabilitation projects. Councilmember Leith reported the city has been doing this for many years and staff was pretty good at estimating project costs. He noted if the actual project costs come back lower than staff s estimate, the assessments would be reduced. However, if the actual costs come back higher than the estimate, the city would be absorbing these costs. Public Works Director/ City Engineer Ashfeld stated this was correct. Councilmember Leith commented the city paid 50% of project costs. He noted other communities expect residents to pay 75% or even 100% of the project costs. He explained his home was within the project area for 2021 and indicated he would be voting to assess his own home. He indicated he looked forward to the pothole near his mailbox being removed and reconstructed. Councilmember Hanson stated she too lived within the street rehabilitation project area. She explained she has lived in her home for the past 30 years and the road was in need of replacement. She encouraged residents to contact city staff with any drainage concerns or unique landscaping situations they may have prior to work beginning. Maple Grove City Council Minutes April 5, 2021 Page 10 Councilmember Hanson questioned when work would begin on these projects. Public Works Director/ City Engineer Ashfeld reported work would begin the middle of May in hopes of being completed prior to the cold season of fall. Councilmember Hanson asked if residents interested in replacing their driveway should have this work done this summer prior to the street being completed. Public Works Director/ City Engineer Ashfeld recommended residents have their driveways replaced after the streets, concrete curbs and concrete aprons were completed. Councilmember Jaeger encouraged residents who have large gatherings planned for this summer to let city staff know. She also noted the city has assistance available for the elderly. Public Works Director/ City Engineer Ashfeld commented further on the deferment programs that the city had in place for those facing a financial hardship or the elderly 65 or older. It was noted interest would continue to accrue with either of these deferment programs. Motion by Councilmember Jaeger, by seconded Councilmember Hanson, to the public hearing. Upon open call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Mayor Steffenson opened the public hearing at 8: 40 p.m. and asked if anyone would like to address this issue. Motion by Councilmember Leith, seconded by Councilmember Barnett, to approve deny receiving 34 letters of objection from property owners. Addresses listed below are in the proposed 21- 02 Energy Hills, Woodland Ponds and Wintergreen areas. Objection letters are on file with the Engineering Department. 8709 Forestview Lane North 8721 Forestview Lane North 8707 Forestview Lane North 8830 Cottonwood Lane North 8712 Cottonwood Lane North 8741 Forestview Lane North 8756 Cottonwood Lane North 8764 Cottonwood Lane North Maple Grove City Council Minutes April S, 2021 Page 11 8726 Forestview Lane North 8729 Forestview Lane North 8892 Cottonwood Lane North 8810 Cottonwood Lane North 8791 Forestview Lane North 8750 Forestview Lane North 8734 Forestview Lane North 8728 Forestview Lane North 8770 Cottonwood Lane North 8718 Cottonwood Lane North 8715 Forestview Lane North 8701 Forestview Lane North 8727 Forestview Lane North 8740 Forestview Lane North 8828 Cottonwood Lane North 8884 Cottonwood Lane North 8735 Forestview Lane North 8719 Cottonwood Lane North 8750 Cottonwood Lane North 8702 Cottonwood Lane North 8800 Cottonwood Lane North 8854 Cottonwood Lane North 8874 Cottonwood Lane North 8826 Cottonwood Lane North 8862 Cottonwood Lane North 8856 Cottonwood Lane North Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Pattie Garger, 12076 92nd Avenue North, stated she was an attorney speaking on behalf of several members of the Appaloosa Woods community including: Tom and Donna O' Connor; 18633 81" Place N, Paul and Mary Anderson, 8096 Vagabond Lane N; Sean and Marcia McCoy, 18445 82nd Place N; and Melinda Anderson, 8250 Vagabond Lane N. She explained she was in attendance as an advocate and not an adversary. She discussed the history of special assessments in Maple Grove noting Appaloosa Woods ( a single family home community) was chosen in 2017 to be completed in 2021 as part of a five phase project. She stated the assessments charged to single family homes from the projects completed in 2018 was 4, 900. In 2019, the proposed assessment charged to single family homes was increased to $ 5, 800. When notice was Maple Grove City Council Minutes April S, 2021 Page 12 provided to residents in 2020, the assessment was estimated to be $ 6, 800. However, she noted Appaloosa Woods homeowners had been singled out and would be assessed $ 8, 160. The result is a 45% increase in special assessments only to Appaloosa Woods. She commented further on the total project costs and noted the portion that would be covered by the city. She understood this project had not been put out to bid yet and discussed how COVID had impacted the production of construction materials and demand for labor. She stated the Appaloosa Woods neighborhood objected to and had concerns regarding the assessments being charged to single family homes. She noted the assessments were not being fairly assessed as required by State Statute. She questioned why Appaloosa Woods has an almost 45% increase in the amount of their special assessment. She stated Appaloosa Woods has the third largest number of residents. She inquired why the city was just now changing the assessment amount to reflect a larger lot size. She commented the formulas and methodologies used to calculate the special assessments have not be adjusted to take into consideration the impact of COVID. She reported the estimates for 2021 should have been based on 2020 numbers, which would take into consideration the impact of the pandemic. She discussed how families around the community had been financially impacted by COVID. She feared that when this project was put out to bid, the project costs would come in higher than staff anticipated. She requested the Council to revisit how special assessments are calculated to ensure all single family residents have been uniformly charged. She recommended the Council consider any hardships a drastic increase in the special assessments would have on homeowners who have been adversely impacted by COVID. She asked that the Council delay putting this project out to bid until a time when construction materials and labor expenditures have stabilized and/ or returned to normal. She noted Appaloosa Woods was not objecting to the project as a whole, but was objecting to the project at this time. Councilmember Jaeger stated that if the project were delayed, the more it would cost in the future. Public Works Director/ City Engineer Ashfeld commented he could not answer this question. He explained staff has seen rapidly increasing costs in the construction industry over the last two or three years, even before COVID. He indicated things could stabilize, but staff had no idea when this would occur. He noted the condition of Maple Grove City Council Minutes April 5, 2021 Page 13 the roadways in some of these neighborhoods was quite deteriorated and if not corrected, costs would increase. Ms. Garger reported there has been a time in the past nine years where labor and construction materials were increased due to increased gas prices and once these went down, labor and material costs also went down. She believed that the current increase for labor and construction costs was temporary. Mayor Steffenson asked who Ms. Garger was representing. Ms. Garger explained she was representing certain members ( five to seven residents) of the Appaloosa Woods community, but not all. Councilmember Hanson questioned if the bids came back higher than estimated by staff, the city would be responsible for covering this difference. Public Works Director/ City Engineer Ashfeld indicated staff estimated the project costs last winter based on the best information staff had. He noted 2020 costs were as high as what was being projected for 2021. He stated if costs come in higher, then the city would incur the additional expense and this extra expense would not be passed along to the homeowners. Mayor Steffenson requested staff speak to the cost differential between R- 1 and R- 2 homes. Public Works Director/ City Engineer Ashfeld discussed the special assessment rates for R- 1 and R- 2 properties and explained the cost for Appaloosa Woods was higher because there was more front footage per home, which made the cost 20% higher based on the zoning criteria. Mayor Steffenson inquired how increased oil prices would impact the Public Works Director/ City Engineer project. Ashfeld stated to some degree oil prices would impact project costs, but not as much as a natural disaster. He reported the city tracks the Engineering News Record which was the national company that tracks heavy construction inflation. He stated if one was to go back 30 years, there would be higher years and lower years. He estimated that the inflation rate for heavy construction was about 3% per year. Mr. Garger reiterated that this was the first time single family homes have been assessed separately based on their size. Up until this time, all developments in the five phases have been Maple Grove City Council Minutes April 5, 2021 Page 14 uniformly assessed, which was the requirement within State Statute. She explained State Statute requires uniformity and equality. She questioned why one specific development, Appaloosa Woods, should be required to pay 45% more because their lot size is larger. She reported this was not uniform application of the State Statute. She added that the city has never seen the impacts of a global pandemic. She commented the only other similar occurrence in United States history was the bombing of Pearl Harbor. She then discussed a Minnesota Supreme Court case in which a contractor was not able to perform for the village of Minneota because construction costs had increased noting there was a scarcity of building materials. She reported because of COVID there was now a lack of workers and building materials. She noted the Minnesota Supreme Court ruled that a temporary suspension of the construction project should occur due to the events that had occurred. Councilmember Jaeger stated in all her years of owning a home, or for those living on a corner, everybody is assessed the same. Ms. Garger explained she would like this to be the case. She wanted to see all single family homes being assessed the same amount as has been done for the past four years through the city' s Street Rehabilitation Program. She did not believe it was fair to charge all other neighborhoods $ 6, 800 for their special assessment when Appaloosa Woods would be charged $ 8, 160 per lot. She wanted to see all R- 1 assessments charged for 2021 to be the same regardless of lot size. Mayor Steffenson requested further comment from staff regarding the differential issue. Public Works Director/ City Engineer Ashfeld stated he was not sure where the 45% came from. He reported the numbers within the feasibility study and the numbers within the assessment roll, the R- 1 single family lots were slated to have a 20% increase in assessments, not 45%. He indicated this was the first time the city has had the differential in the Street Rehabilitation Program. He commented there has always been a differential between attached and detached single family homes. He noted this was the first time in the past 25 years of this program, there has been a special R- 1 zoning category. He explained Appaloosa Woods was singled out in 1992 when the neighborhood received its urbanized utility services along with concrete curb and gutter. He Maple Grove City Council Minutes April S, 2021 Page 15 indicated this neighborhood paid a higher price for these services due to the size of the lots. He commented further on the differences between the R- 1 and R- 2 front footage standards. Mr. Garger explained the 45% figure comes from when the project was proposed in 2017, all of the neighborhood groups were outlined and the assessment was to be $ 4, 800. However, this amount has steadily increased over time as the phases have been completed. Councilmember Barnett asked if the Appaloosa Woods neighbors understood that a pause in this project could result in even higher costs. Ms. Garger commented the increases in special assessments are not clearly defined by the city. She explained material costs were at an all- time high because there was a scarcity of materials. She noted this was a common problem that was being seen in every state. She reported costs could come back down given time. Councilmember Hanson explained she was unsure the argument that was being made was the correct application for the State Statute. She noted this had to do with property taxes. She commented further on the city' s special assessment policy and which State Statute ( 429) directly correlated with this. She asked if the City Attorney had anything to add regarding this matter. City Attorney Templin reported the process being discussed tonight was under State Statute 429 and this statute has its own set of criteria and objections that have to be considered by the City Council. Ms. Garger pointed out again, this was the very first time the application for special assessments have been changed for a neighborhood. She reported this has never happened before, therefore the application of the special assessments was not uniform and equal. Councilmember Leith asked if the special assessment costs were completed in December. Public Works Director/ City Engineer Ashfeld reported this was the case. Councilmember Jaeger questioned what would happen if this project were delayed another year. Public Works Director/ City Engineer Ashfeld stated Ms. Garger was representing five of 126 neighbors in Appaloosa Woods. He reported if the project Maple Grove City Council Minutes April S, 2021 Page 16 were postponed based on the wants of five residents, there could potentially be 121 neighbors that want the project completed. Pam Svihel, 8721 Forestview Lane North, thanked the Mayor and City Council for hearing her concerns. She requested 100% of the special assessment for Forestview Lane be borne by the city because this roadway was a collector street. She discussed how her neighborhood has changed over the years and how traffic had increased dramatically. She recommended Forestview Lane be designated a collector street by the city given the high level of traffic. Councilmember Jaeger clarified that the city would be funding 100% of the utility repairs for collector streets, but not 100% of the pavement for the streets. Public Works Director/ City Engineer Ashfeld reported the city covers 100% of both utilities and the collector street function. He explained collector streets are wider and are built to different specifications to manage additional traffic. He noted collectors traditionally have sidewalks and trails and the city covers the cost for these amenities. He indicated the city did not intend to eliminate the local street access benefit from the road. He stated all of the townhomes that access Forestview Lane would be assessed the same amount as the townhomes located along 881h Lane. Ms. Svihel indicated Forestview Lane was a collector street and while she had access to this roadway, she requested the city make the determination that Forestview Lane was a collector. Councilmember Jaeger requested staff look into installing crosswalks and other safety measures along Forestview Lane. Joy Schwartz, 8715 Forestview Lane, stated she shared the same driveway as Pam Svihel. She explained she came to the city before the road went through because she was concerned about traffic. She discussed how the city defined collector streets. She noted there was a public facility on Forestview Lane. She indicated she was an outdoors person and discussed the large number of heavy trucks and police cars she sees driving along Forestview Lane. She noted many people do not observe the 30 mile per hour speed limit along Forestview Lane. She stated she feared for the safety of the residents in her townhome complex when trying to cross the street to get their mail. She commented further on how Forestview Lane was being used to Maple Grove City Council Minutes April 5, 2021 Page 17 provide quick access to city vehicles. She recommended the city reconsider how this roadway was being utilized and that it now be classified as a collector. She invited the City Council to visit Forestview Lane and to take into consideration the high level of truck traffic as well as the speed of traffic. Councilmember Leith asked if the speed trailer could be placed along Forestview Lane. Public Works Director/ City Engineer Ashfeld reported this could be done. Councilmember Jaeger commented she was concerned about the seniors trying to get across the road to get their mail safely. She noted there was also a large number of children within the development at the corner. Public Works Director/ City Engineer Ashfeld explained he would look into crosswalk options. Bob Joiner, 18611 82" d Place North, stated he lives within Appaloosa Woods. He noted he was surprised by the comments that were made by Ms. Garger on behalf of some of his neighbors. He commented on the newer homes that were built in the southwest corner of his development noting new pavement was installed out to Highway 101. He stated this pavement was still in pretty good condition, but the rest of Appaloosa Woods has deteriorated greatly. He believed it was time to replace these roadways. He feared that the expense would only go up if the project were delayed. He requested the project move forward in an equitable manner, but he understood some of the lots were one or two acres in size. He reiterated that 95% of Appaloosa Woods was not being represented by Ms. Garger. He stated in his conversations with Mr. Ashfeld, the proposed special assessments were fairly fair given the fact Appaloosa Woods was a unique neighborhood. Dalton Deardurff, 8709 Forestview Lane North, commented the speed of the vehicles along Forestview Lane was a concern to him. He thanked the Police Department for doing a good job watching their speed. However, he noted the city trucks were not always so considerate. He recommended the city slow their people down a little bit. He discussed a meeting that was held by the city several years ago noting most residents wanted the street replaced in 2018 and not 2021. He discussed how this change had drastically impacted the assessment amount that was being charged to the residents living along Forestview Lane. He discussed the sidewalks that ran along Forestview Lane and Maple Grove City Council Minutes April 5, 2021 Page 18 recommended the city consider putting in sidewalks along their property for uniformity purposes. Councilmember Jaeger reported she lives along Rice Lake Road and there were only sidewalks along one side of the street. Councilmember Barnett commented on the city' s five year plan for streets. She asked if the city typically asked when residents wanted their streets replaced. Mayor Steffenson explained the city typically planned its street projects in five year increments. Gary Jorgensen, 18820 81" Place North, stated he lived in the Appaloosa Woods neighborhood. He explained the attorney that was here does not represent him. He indicated he moved to his home last year and was expecting a $ 4, 800 assessment. He commented the roads near his home were in pretty good shape, except for a certain stretch. He questioned if it made the most sense to complete the entire neighborhood all at once, when not all streets were in need of replacement. He suggested only the deteriorated streets be replaced. He explained he used to live on Forestview Lane and he believed this roadway should be a collector street. He recommended that at least one stop sign be installed along Forestview Lane for safety purposes. Ms. Schwartz recommended the city come out and speak to the residents in her townhome association regarding the mailboxes. Mary Andersen, 8096 Vagabond Lane, reported she lives in Appaloosa Woods and indicated she would like to see her streets replaced. However, she does not like the price tag that comes with the street replacement. She requested the city pay more than 50% because the $ 8, 160 assessment was quite high. She stated she would like to see her neighborhood paying the same amount as other neighborhoods and not more. She requested speed bumps also be considered for her neighborhood to assist with controlling the speed of traffic. Kim Marsh, 18667 82nd Place North, explained she had never been through a street assessment before. She indicated she was not represented by the attorney, Ms. Garger. She stated if this was the first time the single family homes in Appaloosa Woods have been assessed separately or differently, she believed this Maple Grove City Council Minutes April 5, 2021 Page 19 was wrong. She commented there was no sound reason for doing this. She was perplexed by the fact the city was moving forward with this project on the heels of a pandemic. She noted she worked for a heating and air conditioning company, and explained the price of steel had dramatically risen. She believed that the cost for construction materials would go down over time. She requested the city consider delaying the project due to the high cost of building materials and labor. Councilmember Leith questioned if the larger lot sizes within this neighborhood was taken into consideration in 1992 when the utilities were upgraded. Public Works Director/ City Engineer Ashfeld reported this was the case. He indicated the only other neighborhoods in the city that have larger lots like Appaloosa Woods, have private streets. Councilmember Jaeger reported if the city were to lower the assessments for Appaloosa Woods, then the remainder of the city' s taxpayers would have to be charged to make up the difference. Works Public Director/ City Engineer Ashfeld reported this was a possibility. Councilmember Barnett asked if it was possible to do a COVID relief grant to assist with covering the expense of these assessments, if the residents could prove a need. Mayor Steffenson reported all previous COVID dollars had been allocated. He explained he did not know if the additional COVID dollars could be used in this manner. City Administrator Nelson commented she would have to do some research into what an eligible expense might be. Councilmember Leith indicated back in 2009, after the 2008 recession, a one- year deferment was granted to homeowners. He stated this could be considered for homeowners that have been adversely impacted by COVID. Public Works Director/ City Engineer Ashfeld commented further on the deferments that occurred in 2009, noting the deferment was done uniformly for all properties and interest continued to accrue. He recommended the Council consider allowing the deferment as an option for those that have been impacted by COVID and that not all assessments be deferred for one year. Councilmember Hanson reported the city has a hardship Maple Grove City Council Minutes April 5, 2021 Page 20 deferment program already in place for special assessments. Mayor Steffenson asked if staff believed the city would continue to see substantially increases in construction costs or would this stabilize in the next few years. Public Works Director/ City Engineer Ashfeld stated he could only guess but noted costs may flatten out over time. Mr. Jorgensen asked why the homes on the golf course were not included within the Appaloosa Woods project area. Public Works Director/ City Engineer Ashfeld reported there were a number of houses on the golf course that have access from the City of Corcoran. He noted the City of Corcoran was going through this same process because they would like to replace their streets and would be tying into this project. He explained the streets off of the cul de sac that were only 10 years old would not be part of this project. He commented further on the overlay that was completed in 1995. Mr. Jorgensen discussed how the pandemic had driven the costs for building materials up. He recommended the City Council consider holding off for one year on this project in order to let prices stabilize. Diane Carpentier, 8750 Cottonwood Lane, stated she served on the board for her townhome association. She indicated she had sent an email to the City Council. She noted Cottonwood Lane was two blocks long and there were 88 townhomes along this stretch. She believed the $ 4, 000 assessment was a bit excessive. She commented only six aprons would be installed to serve the 88 townhomes and noted there would be no sidewalks. Dianne Miller, 8702 Cottonwood Lane, explained she was the president of her townhome association. She commented on the number of single family homes that could be located within a two block area and estimated this to be 40. She reported these 40 homes would pay $ 232, 000 for their two blocks in order to have their street replaced. She noted the 88 townhome owners would end up paying $ 359, 040 for their two blocks. Ms. Carpentier reported there were also five twinhomes on her two blocks, which would be 10 more properties that would be assessed for this property. Maple Grove City Council Minutes April S, 2021 Page 21 Ms. Miller questioned where cars would be parking while the concrete aprons cured. She recommended staff speak with her about how the mailboxes would be handled. Public Works Director/ City Engineer Ashfeld stated half of the aprons may have to be done at one time and the remainder at another time. Ms. Miller requested there be an increase in police presence if cars were required to be parked on the street. Project Coordinator Joseph Bzdok, explained the driveways would be done one half at a time to ensure cars would still have access to the parking lots for the townhomes. Motion by Councilmember Jaeger, seconded by Councilmember Hanson, to close the public hearing at 10: 04 p. m. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Councilmember Barnett asked if the Council would be offering a COVID deferment plan. Councilmember Hanson stated she did not believe this was necessary given the hardship program the city already had in place. Councilmember Leith asked if COVID would be considered a hardship. City Attorney Templin reported the applicant would have to meet the criteria within the program and have a demonstrated hardship in order to qualify for the hardship deferment program. Motion by Councilmember Hanson, seconded by Councilmember Barnett, to approve adopting Resolution No. 21- 040 ordering Appaloosa Woods Project No. 21- 01, Energy Hills 1st- 5th Additions, Woodland Ponds 1st- 8th Additions, Woodland Ponds East 1st- 3rd Additions & Wintergreen 1st and 2nd Additions Project No. 21- 02, and Huntington Farms East and West Project No. 21- 03, adopting the special assessments against benefitted lands, ordering plans, approving plans and authorizing advertisement for bids. Councilmember Barnett stated she heard the concerns voiced by the residents living in Appaloosa Woods, however she also knew that delaying the project by one or two years could Maple Grove City Council Minutes April 5, 2021 Page 22 increase the overall project costs. She encouraged those that have faced a hardship to consider applying for the city' s assistance program. Mayor Steffenson agreed, stating he did not believe a decrease would occur if the project were delayed one year. He commented he understood why the assessments for the Appaloosa Woods were higher given the size of the lots. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Recess Mayor Steffenson recessed the City Council meeting at 10: 14 p. m. Reconvene Mayor Steffenson reconvened the City Council meeting at 10: 21 p. m. Community Development Items The Grove Associate Planner, Corrow reported the applicant seeks 15715 Grove approval of a development stage plan for the purpose of Circle constructing a 5, 937 square foot one- story medical office building on a 0. 85- acre parcel. The site is on the western edge Planned Unit of the " Village" area of The Grove development adjacent to Development Hospital Drive. Although the proposed building is slightly Non- larger than is shown on the approved concept plan, the increased Residential building area is less than a 10% and does not require an Development amendment to the concept plan. The landscaping plan was Stage Plan reviewed with the Council. Staff discussed the plans in further detail and reported the Planning Commission recommends approval of the request. Councilmember Jaeger reported the Planning Commission fully supported this request. Ben Krsnak Hemple Real Estate, thanked the Council for considering his project. He noted the proposed building would be used as a medical clinic and would fit well into The Grove. Councilmember Hanson asked if the traffic comments, parking and pedestrian concerns had been addressed by the applicant. Mr. Corrow reported additional parking has been removed and Maple Grove City Council Minutes April S, 2021 Page 23 sidewalk connections had been addressed to the south of the site. Motion by Councilmember by Jaeger, seconded Councilmember Hanson, to approve directing the City Attorney to draft a Planned Unit Development agreement and a Resolution approving The Grove 15715 Grove Circle PUD development stage plan, subject to: a. The Transportation Operations Engineer dated March 3, 2021 b. The Fire Department dated March 8, 2021 c. The Water Resources Engineer dated February 26, 2021 d. The Parks & Recreation Department, dated March 3, 2021 The applicant shall acknowledge that Park Dedication 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. Palisades at Associate Planner, Corrow reported the applicant is requesting Nottingham Planned Unit Development ( PUD) concept stage plan, 3rd Addition development stage plan and rezoning approval for a seven lot, Planned Unit single- family detached home neighborhood. The total size is approximately 5 acres in size, with . 12 acres of wetlands. The Development proposed density of 1. 43 units per acre is consistent with the Residential low -medium residential guiding of 1- 4 units per acre. Access is Concept Stage proposed via a continuation of Xene Lane N which will then Plan, turn to the east ( becoming 73' d Avenue North) and connect with Development Zanzibar Lane. A sidewalk is provided on one side of this street Stage Plan as was done in the rest of the Nottingham neighborhood. All and Rezoning lots are proposed to be over 10, 000 s. f. in size and at least 85 feet in width. In general, the proposal is almost identical to the ghost plat that was created for this site when the Nottingham neighborhood was developed. It was noted the developer was proposing to remove 43. 6% of the trees, which was under the 51 % threshold. Staff reviewed the comments made at the Maple Grove City Council Minutes April5, 2021 Page 24 Planning Commission meeting regarding the removal of old growth trees and reported the Planning Commission recommended approval of the request. Councilmember Hanson thanked staff and the applicant for working to save as many trees as possible. She asked if the 150- year-old oak trees were being saved. Associate Planner, Corrow commented he was uncertain, but noted a number of larger 30") trees were being saved. Councilmember Hanson encouraged the developer to work carefully around the trees that were being preserved in order to not upset their roots. Councilmember Leith thanked the developer for pursuing seven lots instead of eight in order to save more trees. Councilmember Jaeger thanked the developer for working to save as many trees as possible. Mayor Steffenson asked if the south side of the road borders on the southern property or was their space between this property and the southern property. Associate Planner, Corrow explained the right of way of the road would border up to the property. He indicated the road would be about 12. 5 feet from the southern property line. Mayor Steffenson questioned if the two five acres to the south had ghost plats completed with access for the area. Associate Planner, Corrow discussed how the lots to the south would have access in the future. Councilmember Jaeger noted she had not seen plans regarding stormwater management and wetland impact. Associate Planner, Corrow explained a small area of wetland would be developed over and mitigated as part of the plan. He reported the applicant has worked with the watershed district on these details. Eric Zehnder, Zehnder Homes, reported the watershed district was in support of the plans for this project, which included filling the wetland. Motion by Councilmember Leith, seconded by Councilmember Jaeger, to approve directing the City Maple Grove City Council Minutes Aprils, 2021 Page 25 Attorney to draft an Ordinance rezoning property from R- A, Single Family Agricultural to PUD 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, by seconded Councilmember Barnett, to approve directing the City Attorney to draft a Planned Unit Development Agreement and a Resolution approving the Palisades at Nottingham 3rd Addition PUD concept stage plan and development stage plan, subject to: 1. The applicant addressing to the satisfaction of the city any remaining applicable comments contained in the memorandums from: a. The Community & Economic Development Department dated March 22, 2021 b. The Water Resources Engineer dated March 10, 2021 c. The Parks & Recreation Department, dated March 9, 2021 The applicant shall acknowledge that Park Dedication 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 rive ayes and no nays. Motion carried. Report on Community and Economic Development Director Hogeboom updated the Council regarding the following: Upcoming Community A request from the Shake Shack will be reviewed by the and Economic Planning Commission on Monday, April 12, 2021 at 7 p. m. Development Items Report on Director of Public Works/City Engineer Ashfeld updated the Council regarding the following: Upcoming Engineering Zachary Lane south of County Road 81 will be closed by the railroad for railway maintenance at 9: 00 p. m. on Wednesday Maple Grove City Council Minutes April S, 2021 Page 26 Items evening and will reopen at 6: 00 a. m. on Thursday morning. Heidi Nelson, Ms. Nelson explained that the Council has her Monday report if there are any questions. She stated the Board of Appeals City Administrator meetings would be held on Thursday, April 8, 2021 at 7: 00 p. m. and again on Thursday, April 22, 2021 at 7: 00 p. m. She reported the Council would be holding a worksession meeting on Monday, April 19, 2021 to review the housing study recommendations. She noted a worksession meeting would also be held on Monday, May 3, 2021 to discuss community center planning. Adjourn to Mayor Steffenson adjourned the City Council meeting to the EDA Meeting EDA Meeting at 10: 39 p. m. Reconvene to Mayor Steffenson reconvened the regular City Council meeting Regular at 10: 42 p.m. Meeting Items Added Councilmember Jaeger reported electric bikes are not allowed on the walking paths per City Code. She noted she spoke to to the Agenda Parks Director Stifter regarding this matter and he recommended the City Council discuss this item further. Mayor Steffenson recommended the Council look into this issue further because electric bikes were here to stay. Councilmember Jaeger encouraged residents to pick up after their dogs and to keep them on their leash. Councilmember Jaeger reported Age Friendly Maple Grove would be meeting on Friday, April 9, 2021 at 8: 30 a.m. Councilmember Jaeger discussed the upcoming farmer' s market and encouraged residents to get their orders placed because items sold quickly. She noted the last indoor farmer' s market would be held on Sunday, April 11, 2021. Adjournment Motion by Councilmember Jaeger, by seconded Councilmember Hanson, to adjourn to the regular City Council meeting on April 19, 2021 at 7: 30 p. m. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Maple Grove City Council Minutes April 5, 2021 Page 27 The meeting was adjourned at 10: 46 p. m. by Mayor Steffenson. Respectfully submitted, Heidi Nelson City Administrator