City Council

Maple Grove City Council regular Meeting minutes February 5, 2024 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 February 5, 2024 at the Maple Grove Government Center/Public Safety Facility, Hennepin County, Minnesota. Members present were Mayor Mark Steffenson and Councilmembers Judy Hanson, Kristy Barnett, Kristy Janigo, and Rachelle Johnson. Absent was none. Present also were Heidi Nelson, City Administrator; Joe Hogeboom, Community and Economic Development Director; Peter Vickerman, Planning Manager; Chris LaBounty, Public Works Director/City Engineer; 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 following: the agenda Item amended to the agenda None Item amended to the consent agenda None Item added to the agenda None Item removed from the consent agenda for discussion 3G. Recruitment approval for city engineer 3H. Recruitment approval for internal operations manager Consent items The following consent items were presented for Council’s Maple Grove City Council Minutes February 5, 2024 Page 2 approval: MINUTES A. Regular meeting – January 16, 2024 B. Work session meeting – January 16, 2024 HUMAN RESOURCES ITEMS C. Amendments to personnel policy manual Motion to approve amendments to the personnel policy manual with an effective date of February 6, 2024 as follows: • Add addendum to Article 44- Political Activity, employer sponsored meetings notice • Add article 62-Elections and Voting • Amend article 46- Smoke Free Workplace D. Appointment of geographic information systems technician Motion to approve the hiring of Shane Awalt to the position of geographic information systems technician, subject to a 12- month probationary period. All pre-employment requirements have been successfully completed. E. Appointment of office assistant Motion to approve the hiring of Cassandra Gifford to the position of office assistant, subject to a 12-month probationary period. All pre-employment requirements have been successfully completed. F. Appointment of utility supervisor Motion to approve the hiring of Wes Stockwell to the position of utility supervisor pending successful completion of all pre- employment requirements and subject to a 12-month probationary period. G. Recruitment approval for city engineer Maple Grove City Council Minutes February 5, 2024 Page 3 This item was removed by Councilmember Hanson for discussion. H. Recruitment approval for internal operations manager This item was removed by Councilmember Hanson for discussion. I. Recruitment approval for investigative support technician Motion to authorize staff to begin the recruitment process for the investigative support technician position in the police department. J. Recruitment approval for water and sewer maintenance 1 Motion to authorize staff to begin the recruitment process for the water & sewer maintenance 1 position in the public works department. COMMUNITY & ECONOMIC DEVELOPMENT ITEMS K. Minnesota Health Village 4th Addition final plat - Resolution No. 24-013 Motion to adopt Resolution No. 24-013 approving Minnesota Health Village 4th Addition final plat. L. North Grove Medical Center planned unit development stage plan and final plat approval extension Motion to extend the North Grove Medical Center planned unit development stage plan and final plat approval extension until February 22, 2025. M. Rush Hollow Third Addition final plat - Resolution No. 24- 014 Motion to adopt Resolution No. 24-014 approving Rush Hollow Third Addition final plat. N. Williamson Second Addition short plat - Resolution No. 24- Maple Grove City Council Minutes February 5, 2024 Page 4 012 Motion to adopt Resolution No. 24-012 approving Williamson Second Addition short plat. ENGINEERING ITEMS O. 2024 Street Reconstruction Program Resolution No. 24- 021, 24-022, 24-023 Motion to adopt Resolution No. 24-021 establishing 101st Ave Street Reconstruction, Project No. 24- 01, ordering feasibility report, receiving feasibility report, establishing hearing, declaring costs to be assessed, ordering preparation of assessment roll and ordering special assessment hearing. Motion to adopt Resolution No. 24-022 establishing Centennial Crossing, Willow Bend, and Pond Hollow Area Street Reconstruction Project No. 24-02, ordering feasibility report, receiving feasibility report, establishing hearing, declaring costs to be assessed, ordering preparation of assessment roll and ordering special assessment hearing. Motion to adopt Resolution No. 24-023 establishing Dalton Commons, Cranberry Meadows, Longstreets Apartment and Centennial Crossings Area Street Reconstruction Project No. 24-07, ordering feasibility report, receiving feasibility report, establishing hearing, declaring costs to be assessed, ordering preparation of assessment roll and ordering special assessment hearing. P. Accepting proposals for treatment and removal of ash trees Motion to accept proposal from Rainbow Treecare to treat public ash trees. Motion to accept proposal from YTS Companies, LLC. to remove public ash trees and stumps. Q. Arbor Lakes Gateway Project No. 23-14 Resolution No. 24- 018 Maple Grove City Council Minutes February 5, 2024 Page 5 Motion to adopt Resolution No. 24-018 approving plans and specifications for Arbor Lakes Gateway Project No. 23-14 and authorizing advertisement for bids. R. CSAH 101 - 73rd Avenue to 83rd Avenue Project No. 22-10 Change Order No. 3 Motion to approve Change Order No. 3 to the CSAH 101 – 73rd Avenue to 83rd Avenue Project No. 22-10 in the amount of $71,410.49. S. Hwy. 610 Ext. - Rush Creek Boulevard Project No. 19-24 HC Construction Cooperative Agreement No. PW 18-34-22 Resolution No. 24-024 Motion to adopt Resolution No. 24-024 approving Hennepin County Agreement No. PW 18-34-22 and authorizing its execution. T. Maple Grove Parkway intersection control evaluation Motion to approve the proposal received by WSB & Associates, Inc. to provide professional services related to the completion of an intersection control evaluation at the Maple Grove Parkway intersections of Nottingham Parkway/78th Place, Lawndale Lane/77th Avenue, and 82nd Avenue. U. Minnesota Science and Technology Center Project No. 23- 18 Resolution No. 24-017 Motion to adopt Resolution No. 24-017 approving plans and specifications for Minnesota Science and Technology Center Project No. 23-18 and authorizing advertisement for bids. V. Rush Creek Boulevard Landscape Improvements Project No. 19-24 Resolution No. 24-016 Motion to adopt Resolution No. 24-016 approving plans and specifications and authorizing advertisement for bids for Rush Creek Boulevard Landscape Improvements Project No. 19-24. W. Rush Creek Hollow Project No. 24-03 Resolution No. 24-015 Maple Grove City Council Minutes February 5, 2024 Page 6 Motion to adopt Resolution No. 24-015 ordering Rush Creek Hollow Project No. 24-03, receiving surety, approving plans and specifications, authorizing advertisement for bids, and approving developer’s agreement subject to final review by the city attorney and public works director X. Rush Hollow Phase 2 Project No. 23-06 Resolution No. 24- 020 Motion to adopt Resolution No. 24-020 approving plans and specifications for Rush Hollow Phase 2 Project No. 23-06 and authorizing advertisement for bids. Y. TH 169 - Elm Creek Boulevard interchange study Motion to accept proposal from SRF Consulting Group, Inc. to provide professional services related to the completion of a traffic study of the TH 169 / Elm Creek Boulevard interchange. Z. Sureties - 02-05-24 Motion to approve the surety actions. ADMINISTRATIVE ITEMS AA. 2024 Park Dedication rates - Residential unit fee and commercial/industrial acre fee Motion to modify the park dedication rate to $4,092/unit for a single-family residential subdivision filed with Hennepin County for a period beginning February 1, 2024 and ending January 31, 2025 based on the city ordinance. Motion to continue the park dedication rate of $6,500/acre for an industrial subdivision and $11,000/acre for a commercial subdivision filed with Hennepin County for a period beginning February 1, 2024 and ending January 31, 2025 which amount is based on the city policy established pursuant to Resolution No. 88-120. BB. Appointing absentee ballot board and precinct election Maple Grove City Council Minutes February 5, 2024 Page 7 judges for 2024 elections - Resolutions No. 24-019 Motion to adopt Resolution No. 24-019 appointing the attached list of election judges (Exhibit A) to serve in the City of Maple Grove for the presidential nomination primary on March 5; the primary election on August 13, and the general election on November 5, 2024 and to authorize substitutions or additions to be made to the election judge staffing as deemed necessary. CC. Approval of statement of work with Health Quotient for integrated and comprehensive law enforcement health and fitness programming Motion to approve and authorize the Chief of Police to execute the Statement of Work with Health Quotient for Integrated & Comprehensive Law Enforcement Health & Fitness Programming with the Police Department at a cost of $41,222. DD. Fire Relief Association bylaws Motion to approve updated Fire Relief Association bylaws effective January 1, 2024. EE. Firefighter participation rules Motion to approve change to Fire Department Rules and Regulations – paid on-call fire department participation rules effective February 6, 2024. FF. Lower potency cannabinoid products license for eCig Market Motion to approve a lower potency cannabinoid products license for eCig Market Corporation, dba eCig Market, 13619 Grove Dr., Maple Grove, Minnesota for the period of 18 months or until retailers selling lower potency cannabinoid products are required to obtain a license from the State of Minnesota, whichever occurs first. The establishment is subject to compliance with all licensing requirements as outlined in section 10-37 of the Maple Grove City Code. Maple Grove City Council Minutes February 5, 2024 Page 8 GG. Polco Subscription Agreement and Engage Module survey product Motion to authorize the mayor and city administrator to enter into a Subscription Agreement with Policy Confluence, Inc., (dba as Polco) for the purchase of the Engage Module survey product and a future community survey for a cost of $33,050. HH. The Axtell Group scope of work approval for study of Police Department senior leadership team and community engagement Motion to approve and authorize the Chief of Police to execute the scope of work by The Axtell Group to conduct an assessment of the Police Department senior leadership team and community engagement services at a cost of $27,000. II. Approve claims Motion to approve claims totaling $ 7,536,171.93. Motion by Councilmember Hanson, seconded by Councilmember Barnett, to approve the consent items as amended, removing items 3G (Recruitment approval for city engineer) and 3H (Recruitment approval for internal operations manager). Upon call of the 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 pulled Regarding Item 3G (Recruitment approval for city engineer), from the Councilmember Hanson thanked Assistant Public Works agenda Director/City Engineer Jupe Hale for his dedicated service to the City of Maple Grove over the past 10 years and wished him all the best in the future. Councilmember Janigo thanked Mr. Hale for all of his assistance while she was getting acclimated to serving on the City Council. She wished him all the best in his future career endeavors. Motion by Councilmember Hanson, seconded by Mayor Steffenson, to authorize staff to begin recruitment for the city Maple Grove City Council Minutes February 5, 2024 Page 9 engineer position in the public works department due to the resignation of Jupe Hale, which was accepted with an effective date of January 26, 2024. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Regarding Item 3H (Recruitment approval for internal operations manager), Councilmember Hanson recognized Jim Price thanking him for his 43 years of dedicated service in the Public Works Department and wished him a long and healthy retirement. Mayor Steffenson thanked Mr. Price for his tremendous service to the community over the past 43 years. Motion by Councilmember Hanson, seconded by Councilmember Johnson, to authorize staff to begin recruitment for the internal operations manager position in the Public Works Department due to the resignation of Jim Price, which was accepted with an effective date of March 22, 2024. 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. Firefighter Fire Chief Bush introduced the newly hired firefighters to the oath of office City Council. Mayor Steffenson administered the Oath of Office to firefighters Sam Greenwood, Luke Moren, Karlis Nollendorfs, Aaron Ophoven, and RJ Potter and welcomed them to the Maple Grove Fire Department. Badges were pinned on and a round of applause was offered by all in attendance. Representative Representative Robbins provided the Council with a brief Robbins preview of the 2024 legislative session. She thanked the City Council for their continued partnership, noting she fully presentation supported the city’s bonding requests for the Community Center and Highway 169/Elm Creek interchange, along with Maple Grove City Council Minutes February 5, 2024 Page 10 the TIF bill. She explained the SRO fix would be a priority for the legislature this year. She thanked Police Chief Werner for providing her with language to make the SRO correction. She commented further on how the earned sick and safe time has impacted small business owners and paid on-call firefighters. She explained local control would remain a priority for her, especially with the marijuana bill. Representative Robbins stated she would continue to look at budget requests but noted the state may be looking at deficits in the coming years. She reported she would be serving on the rules, taxes and higher ed committees in the coming year. She explained she would continue to address social media issues and teens and it was her hope to get schools to be cell phone free in order to reduce distractions and improve focus and overall mental health. She hoped to continue to shed light on the mental health crisis facing teens when it comes to social media. She commended Maple Grove Junior High Principal Patrick Smith for going cell phone free this year. She does not want a State mandate but thinks it’s important enough that she continues to encourage all schools to go cell phone free. Mayor Steffenson thanked Representative Robbins for her dedicated service to the City of Maple Grove. Public hearings Public hearing City Administrator Nelson stated MKA Enterprises, LLC, doing business as Broadway Bar and Pizza and BroadAxe is requesting On sale an on-sale intoxicating – Sunday sale liquor license. She intoxicating – reported all necessary paperwork and fees have been submitted to the city and staff recommends approval of the Sunday sale request. liquor license for Broadway Mayor Steffenson encouraged Broadway Pizza to properly train Bar and Pizza their employees when it comes to the service of alcohol. He and BroadAxe urged Broadway Pizza to have their employees attend the free training provided by the city. He stated he was looking forward to having a new Broadway Pizza open in Maple Grove. Motion by Councilmember Barnett, seconded by Councilmember Hanson, to open the public hearing. Upon call of the motion by Mayor Steffenson, there were five ayes Maple Grove City Council Minutes February 5, 2024 Page 11 and no nays. Motion carried. Mayor Steffenson opened the public hearing at 7:51 p.m. and asked if anyone would like to address this issue. No public testimony was offered. Motion by Councilmember Johnson, seconded by Councilmember Janigo, to close the public hearing at 7:52 p.m. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Motion by Councilmember Barnett, seconded by Councilmember Johnson, to approve the on-sale intoxicating liquor license - Sunday sale application for MKA Enterprises LLC dba Broadway Bar and Pizza and BroadAxe, 7890 Main St., Maple Grove, Minnesota, subject to compliance with liquor licensing requirements in Chapter 4, Article I of the city code, with said license to expire June 30, 2024. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Community and economic development items AMC Theater Planning Manager Vickerman stated the applicant is seeking a development stage plan and final plat approval for the North Outlot construction of a new 5,700 square foot multi-tenant planned unit commercial building on the north outlot of the former AMC property. The proposed development is consistent with what development was identified in the concept plan from 2022 for the north lot stage plan and and is consistent with the zoning and guidance of the property. final plat A concept plan amendment for the entire AMC Theater lot was approved in 2022 which allowed for the theater building to be Resolution No. converted to a Floor and Décor store along with three 24-026 additional retail/restaurant buildings. The north lot, which is the subject of this proposal, was approved for a 7,500 square foot retail/ restaurant use. The proposed development is anticipated to include two dine in/take out restaurants, Maple Grove City Council Minutes February 5, 2024 Page 12 identified within the plans as Dave’s Hot Chicken and Hope Breakfast Bar. Dave’s Hot Chicken is a rapidly expanding franchise which focuses on chicken tenders and chicken sandwiches. The Maple Grove location would be the second location in Minnesota for the franchise after the Minnetonka location. Hope Breakfast Bar offers all day breakfast food, cocktails and wine, as well as a walk-up coffee bar. There are three other Hope Breakfast Bar locations in the metro area, St. Louis Park, St. Paul and Eagan. Planning Manager Vickerman explained the Planning Commission originally reviewed this request on July 31, 2023 and at this meeting expressed concern regarding parking and traffic. The item was tabled and additional information was requested. He noted the final traffic study came back to the city on December 4, 2023 and included the requested parking analysis. He reported the parking analysis was reviewed at the January 29, 2024 Planning Commission meeting and the Commission expressed concerns with the accuracy of the parking numbers, especially with regard to Hope Breakfast Bar and Dave’s Hot Chicken. There was concerns regarding when the parking analysis was done and that the numbers were too low. There was also concern with the intensity of the parking that would be used on the site, given the fact it would be above 85% multiple times a week throughout the year. He stated 85% was the threshold of when it feels difficult to find parking on a site creating additional traffic issues. Planning Manager Vickerman explained the Planning Commission voted 4-3 to recommend denial of this development stage plan and final plat. Staff looked at the information that was brought forward at the Planning Commission meeting and confirmed some of the numbers did appear low. He noted 15 parking spaces were allocated for Dave’s Hot Chicken. Under code this number was low, especially when considering at their existing location in Minnetonka, Dave’s Hot Chicken will have 18 employees on site during their largest shift. In addition, the parking numbers for Hope’s Breakfast Bar were low. He anticipated the sit-down restaurant would need 56 parking spaces and they had 24 or 25. Staff commented the eastern building was included within the parking study and was conceptually approved to be 6,000 Maple Grove City Council Minutes February 5, 2024 Page 13 square feet, but the applicant’s plans showed an over 8,000 square foot building. He stated this was another concern for staff. Planning Manager Vickerman reported staff reached out to the applicant and asked if they would be willing to table action on this item to update the parking study and staff could have time to review the updates. It was noted the applicant did decline this request and wanted to have this matter reviewed tonight. He indicated the applicant did bring staff updated parking information on Friday, February 2, 2024 but staff did not have time to review this information in depth. He stated the concerns from the Planning Commission regarding how often the parking field would be utilized still continue to be there. He reiterated that the Planning Commission recommended denial of this proposal and this was the recommendation that was forwarded onto the City Council. Mayor Steffenson asked that the applicant come forward to address the City Council at this time. Dan Regan, Launch Properties, introduced himself and his team to the Council. He explained last summer he received concept approval for a development plan that was similar to the plan that was brought forward for development stage approvals. He had the understanding that in order to meet the development stage plan must be in substantial compliance with the approved concept stage plan. He feels he met that condition. Second, he was required to provide a detailed traffic study at the development stage approval to determine the impacts of the adjacent roadway system and to determine if any improvements are necessary in order to accommodate any additional traffic. He stated he has gone around in circles with the traffic study. He would distinguish that from the parking utilization question, which seems to be both big topics of conversation at the Planning Commission meeting last week. He noted the third condition was that the development stage plan submission must meet appropriate time frames between concept stage plan approval and development stage plan submission. He reported this condition was satisfied. Mr. Regan reported the uses that were approved at concept were for commercial, retail and restaurant and the uses at Maple Grove City Council Minutes February 5, 2024 Page 14 development stage were restaurant. He explained the concept plan building size on the north outlot, which was on the agenda for consideration was up to 7,500 square feet. He noted the proposed building was 6,100 square feet. He stated the orientation was similar to the concept stage plan approval of all buildings that were conceptually approved. He indicated he worked with staff on the site plan for the north outlot building to try and make as many improvements as was reasonable to accommodate as many parking spaces between this space and Malone’s. He noted he removed a pickup window at one point for Dave’s Hot Chicken and the trash enclosure was relocated. He commented further on the landscaping and pedestrian access improvements that were made. He believed these changes improved circulation and access throughout the site. Mr. Regan explained all of these changes were made prior to the Planning Commission meeting. He reported a number of questions were brought up at last week’s Planning Commission meeting regarding an appropriate estimate of the number of parking stalls that will be used. He stated this was what the main concern was for this project. He indicated he could not make changes to public improvements at the Main Street intersection. He noted this was a concern that had to be addressed by staff in order to improve traffic for everyone. He understood the perception at the multi-lane intersection was that it causes confusion to drivers. He knew that staff was working hard to address this concern and there were concepts that would be considered by the Council to address the confusion. Mr. Regan stated with respect to onsite parking utilization, he took the comments from the Planning Commission meeting and was able to address a number of those with an updated parking study that he provided to staff, but was not included in the staff report. He explained one of the points that was brought up was regarding employee parking in the north outlot building. He indicated that he took a closer look at this and he can accommodate parking for employees for both Dave’s Hot Chicken and Hope Breakfast Bar by adding 12 more parking stalls. He noted this created 24 combined parking stalls for the north building. He stated the stalls in the middle of the site, in Maple Grove City Council Minutes February 5, 2024 Page 15 the least convenient location have been designated employee parking. He reported the east concept building was shrunk to 6,000 feet to be consistent with the approved concept stage plan, which lowered the parking count by 43. He indicated he left the methodology for calculating the number of parking stalls the same, which was higher than the ITE standard. He stated he applied the ITE standard to both Hope Breakfast Bar and Dave’s Hot Chicken, which resulted in a parking utilization that did not increase from the last parking study, but remained at the 90% utilization level. Mr. Regan commented he could not address the peak hour study. He reported he flew a drone overhead and he sent surveys to Rojo Mexican Grill, Red Lobster, AMC, the vet clinic, Hope Breakfast Bar and Dave’s Hot Chickento get their peak hour and number of visits information. He indicated this information was applied to the traffic and parking utilization estimates in order to create weekday and weekend models. He stated he was doing the best that he could based on the information that he has to estimate how much parking will be used during peak hours for weekdays and weekends. He discussed the changes that were addressed based on the comments received by the Planning Commission and noted he remained at the 90% utilization level for the peak hours and there would still be excess stalls available, even at peak hours. Mr. Regan believed he had uses that the community would like to have in Maple Grove. He stated he has seen excitement about these uses in the community and he hoped this made a difference in the Council’s evaluation of this request. He noted he had representatives present from Dave’s Hot Chicken and Hope Breakfast Bar if the Council had questions. Mayor Steffenson stated peak numbers were given for parking and noted 386 trips per day were estimated for Dave’s Hot Chicken, which is 40 trips per hour. Mr. Reagan reported this was correct. Mayor Steffenson asked how many trips would occur in non- peak hours. Mr. Regan stated he did not study non-peak hours. Councilmember Hanson stated she would like to better Maple Grove City Council Minutes February 5, 2024 Page 16 understand the changes that were made since the Planning Commission meeting. She questioned if 12 or 24 parking spaces were added. Mr. Regan explained 12 parking spaces were added for both Dave’s Hot Chicken and Hope Breakfast Bar, for a total of 24 parking spaces. Councilmember Hanson inquired if there were any other changes that were made that were presented to staff since the Planning Commission meeting. Mr. Regan stated the only other change was that the east concept building, which was shown as an 8,000 square foot building was conceptually approved as 6,000 square feet. He indicated he reduced the proposed size of this building back down to 6,000 square feet which reduced the need for parking by 43 spaces. Councilmember Hanson explained another concern raised by the Planning Commission was pedestrian safety. She questioned where the sidewalks were located and where the pedestrian safety features were located within the plan. Jeff Westendorf, Westwood Engineering, stated on the first concept he did not have any sidewalks on the west side of the building, so this sidewalk was added. He reported the sidewalk would run along the front of the building. He explained he got rid of the sidewalk that connected south to Floor & Décor because it was creating conflicts between where cars and pedestrians would meet. Councilmember Janigo stated in watching the Planning Commission meeting, she did not believe the issue of snow removal got resolved. She questioned if the snow be taken behind the Floor & Décor building, or where would it be piled up. Mr. Regan stated the majority of the snow would get pushed down to the greenspace south of Floor & Décor temporarily and then it gets removed or taken off site. Councilmember Barnett asked how many tables were proposed in each building and how many would be outside in the patio area. Brian Ingram, Hope Breakfast Bar, thanked the Council for having him. He then discussed the business model for Hope Breakfast Bar. He explained Hope has done $20 million in revenue and only $10,000 of that took place after 3 p.m. He Maple Grove City Council Minutes February 5, 2024 Page 17 reported 70% of his business takes place before noon. He indicated he has sat in this parking lot and not a lot of business takes place before noon. He stated Hope’s business plan was different when compared to Rojo or Malone’s. He estimated Rojo or Malone’s had 30 employees onsite for any given shift, while Hope would have three employees in the back of the house and three in the front. He stated technology would be used to the best of its ability to limit the amount of staff within the building. Mr. Ingram reiterated that Hope was breakfast only and the activity that took place after 3 p.m. was community involvement. He indicated he raised over $3 million last year for local charities doing chef driven dinners and those dinners were for eight to ten people. These dinners were for first responders and military, or families in need. He stated he has given out over 500,000 free meals in the last couple of years and millions of pounds of groceries. In addition, they have remodeled hospitalities workers in need, bathrooms so single fathers can have their children with them. That is the business model, community given, community give back. He may host bible studies in the evening with eight to ten people and no parking gets taken up from Hope’s. Mr. Ingram stated he was thinking Hope’s would have 100 to 110 seats with most tables seating four people. He estimated the restaurant would have 35 to 40 tables. He noted he has not drawn up his ideas for the patio, but he anticipated the patio would be similar to Eagan and it would have eight tables. He stated Hope would have a small footprint, and Hope would be done doing business by the time Rojo and Malone’s hit their stride. He was not interested in going after bar business or happy hour. He indicated Hope would serve breakfast only. Alex Humphries, Dave’s Hot Chicken, reported looking at the early plans, the proposed dining was 46 tables interior and 26 for the patio. He indicated this property would have 50% more seating than the location in Minnetonka. He stated in terms of parking utilization, this site was smaller than what had been talked about. He commented at the Minnetonka location, there were 45 stalls shared between three tenants. For the first 12 weeks open, this was the busiest store in the system. The site was busy, a little chaotic, but nothing that created a Maple Grove City Council Minutes February 5, 2024 Page 18 long-term impact to the Ridgedale Shopping area. Mr. Humphries reported in the early days in Minnetonka when traffic was highest, online ordering was not enabled. This meant 100% of visitors had to come to the site to place an order. Once online ordering was activated in late July, this immediately reduced 35% of the foot traffic coming into the store. He indicated over the seven months, only 25% of transactions are derived from people dining in store. He estimated people dining in were typically in the store for 20 minutes. The other 75% are from all to go order modes, take out, delivery and third-party ordering. He stated this proposal has 300 parking spots for three tenants. He explained compared to Minnetonka, this was 85% less than what this proposal has. There was five and a half times more parking available in Maple Grove. Mr. Humphries commented on a comparable experience in the Maple Grove area from July 2019 to July of this past summer, noting his family operated the Crisp & Green restaurant on Elm Creek Boulevard. He stated this was a $3 million store annually. He indicated the average unit volume (AUV) for Dave’s Hot Chicken was $2.8 million. He explained Crisp & Green had a parking lot of 170 stalls shared across 11 tenants. He noted he has never had any issues with parking because of the inherent operational standard and the quick service model is efficiency. He stated the goal was throughput, getting orders done as quickly as they can be done and getting people on their way. Mr. Humphries stated there was a question about employee parking. He indicated Monday through Thursday he would have 13 people per shift and between 16 to 20 on the weekends. He noted not all employees would drive to work, only about half would need parking and some utilize carpooling and public transportation as well. He was of the opinion going from 12 to 24 parking spaces was more than enough for his utilization. He explained based on his prior experience in Minnetonka, he did not anticipate any issues in the Maple Grove area regarding parking concerns. Mayor Steffenson asked if the traffic flow, or number of vehicles coming to this location in Maple Grove would be similar to the one in Ridgedale. Mr. Humphries anticipated Maple Grove City Council Minutes February 5, 2024 Page 19 during the early days it would be busy. He stated right now if someone was to visit the Minnetonka Dave’s there would be no problem finding a parking spot no matter the time day, and that was with 45 parking stalls available. Based on that experience, he did not anticipate this store would be busier than Minnetonka. In terms of utilization, he does not see this being an issue. Councilmember Janigo stated in the Planning Commission meeting, holidays were discussed. She asked if Dave’s would see any major spikes over the holidays. Mr. Humphries noted they were closed for Thanksgiving and Christmas. He indicated he saw some incremental sales during the holiday season, but did not see any anomalies or spikes in sales. Mayor Steffenson asked if there was anyone from the public that would like to speak at this time. AJ Stevens, Malone’s representative, addressed the Council noting he was concerned with having three restaurants between Malone’s and Rojo. He commented on how busy this area was already and he did not see how having three restaurants located between Malone’s and Rojo would work. He explained after going through the Planning Commission, a bit more parking has been added. He stated when reviewing the parking numbers, which when presented by Mr. Hagen, was right at the 85% to 90% threshold. He indicated there were a lot of things involved in the parking numbers. He reported when he reviewed the numbers with city planning, he showed Malone’s at 140, and Dave’s and Hope at 115. He believed this was way under what was needed for this area. He stated adding 12 spots for Dave’s and Hope did not move the needle enough to make him comfortable. Mr. Stevens reported Dave’s was proposing to have 46 tables inside and 26 tables on the patio. He stated this was more than Malone’s. He indicated he has 50 tables inside and 19 tables outside. He explained Dave’s Hot Chicken would be bigger than Malone’s and would do $2.8 million in food. He reported this was a huge number and that was the national average. He stated Maple Grove was not a national average type city that does very well when compared to national averages. He imaged Dave’s Hot Chicken would do more than $2.8 million in Maple Grove City Council Minutes February 5, 2024 Page 20 Maple Grove. He understood 75% of the orders would be to go, which brought him back to his concerns regarding traffic. He indicated 75% of the Dave’s business would be to go, meaning cars would come in, pick up their food and leave. He stated with the traffic counts he already had in the parking lot, pedestrian safety was a concern. Mr. Stevens indicated even with the additional 24 parking spaces, the parking lot would be completely full based on what was going on with Malone’s. He commented on how the intersection was an issue and nothing has been done to the intersection. He reported since Total Wine came in, this intersection has been a major issue. There has been talk, complaints, and accidents but nothing has been done. He stated he did not see how it would work to manage that many people picking up Dave’s food. He did not see where the traffic would flow or where the to go parking spaces were. He understood some things had changed within the study since the last meeting, which would be nice to see. He explained this site was so tight on parking and in talking with the city it sounds like they were onboard with what was happening, but since the Planning Commission meeting, staff now has some issues with what was presented. He believed adding 24 spaces did not move the needle enough. Mr. Stevens indicated 85 parking spaces were being left for Rojo and Floor & Décor. He reported per city code, Floor & Décor requires 250 parking spaces. He noted nothing was forever and if Floor & Décor moved out, what type of business would have the same limited parking utilization. He stated Floor & Décor was currently sharing 85 parking spots and the 6,000 square foot restaurant would go from 150 to 170 spots. Again, he indicated the parking was uber tight and adding 24 spots was not enough to compensate for the lack of spots that they accounted for. He indicated Maple Grove businesses historically have perform better than national average. Mr. Stevens explained Dave’s Hot Chicken and Hope Breakfast Bar were really busy places that should come to Maple Grove. However, his parking lot was way too busy and full to bring in these high intensity uses. He believed these were good guys that needed to develop their land, but these uses, as noted by staff and the Planning Commission were in too tight of a space Maple Grove City Council Minutes February 5, 2024 Page 21 and there were too many questions regarding traffic flow, especially when factoring in large delivery trucks, snow plows, etc. He stated he and his team were very nervous that this project would be passed because this development would be detrimental to his business. Mayor Steffenson asked if the applicant would like to make any further comments. Mr. Regan had no further comments. Councilmember Hanson thanked the applicants and restaurant owners for their time and for speaking about their businesses. She believed the restaurants sounded exciting and they would be great if there was space for them. She stated she was concerned not just about the parking, but also regarding the traffic flow that would be generated. She indicated she also had concerns regarding pedestrian safety. She believed the Planning Commission did a tremendous job reviewing this matter and making comments. She explained she listened to these comments and she appreciated the work they do. She noted she has concerns, stating the additional 24 parking spots, as Mr. Stevens said, would not move the needle far enough. She reiterated that her main concerns were with parking and pedestrian safety. Councilmember Janigo explained for her it was about the circulation of the lot. She stated as she looks at the lot there were a bunch of different zones and how it was divided up. For the customer this would be relatively arbitrary. For her, even as she has experienced this lot in the past, it feels like a free for all and she doesn’t know what direction she should go. She has seen people coming both ways down an aisle, there is no clear direction on how to circulate through this lot. She knew there were jokes about the Total Wine parking lot, but at least with that lot there was clear direction about how to navigate through that lot thanks to the orange cones. Councilmember Hanson agreed the cones help, but it was still not great. Councilmember Janigo commented on how this lot did not even have that. Maple Grove City Council Minutes February 5, 2024 Page 22 Councilmember Barnett stated in 2016 she ran for office the first time and one of the things she ran on was that traffic was a concern of hers in the city, because there were pinch points in the city. She indicated she was slightly naïve in thinking she could help solve those right away. One of her main concerns was Elm Creek Boulevard and what is now the Total Wine Shopping Center. She learned that the city was very dependent on the county to help the city with this area. It was the one area of work that she has yet to get accomplished. She stated she has never stopped fighting to try to get areas in the city fixed where there are traffic issues. Councilmember Barnett noted this area was still a problem in her mind, especially at the four way stop. Even if this intersection was graded at a B level, it is an area where people look at each other while at the stop sign and no one knows who should go and then everyone tries to go at once. She explained this area would become a problem because there would be an increase in cars, with more people visiting Dave’s for pickup, whether they were there for two minutes, five minutes or 20 minutes. She reported the second issue would be the circulation of cars. She indicated everyone trying to pick up their orders would want to park close and this would create a circulation issue. She noted if people were going to stay at a location a little longer, they would be willing to park a little further away. However, if someone wanted to grab something and go, they wanted to park closer, especially in the winter months. She believed this was the rule. Councilmember Barnett anticipated there would be pedestrian traffic issues and she would vote no on anything that has pedestrian traffic issues. She indicated she was the only one to vote against Portillo’s because if Portillo’s had been as busy as they claimed they would be, there would have been pedestrian issues. Councilmember Barnett indicated she would be voting to approve the recommendation for denial. She stated this wasn’t because she didn’t want these businesses in Maple Grove. She believed both businesses would bring a lot to the community, but not at this location. She noted she has followed the Hope Breakfast Bar and she appreciated the great work they did during the pandemic for public safety and first responders. She understood Dave’s has great chicken, but she Maple Grove City Council Minutes February 5, 2024 Page 23 doesn’t think this is the right spot for it. She feared she would hear from her residents because there would be traffic, parking and circulation problems. Councilmember Hanson indicated she has already received emails from residents raising concerns regarding traffic and pedestrian safety. She explained this doesn’t have to do with the businesses themselves, but rather it was a tough spot that already has issues. Motion by Councilmember Barnett, seconded by Councilmember Hanson, to adopt Resolution No. 24-026 denying the AMC Theater – North Outlot planned unit development stage plan and final plat along with findings of fact. Mayor Steffenson stated he concurred with most of what has been said. He indicated he liked both restaurants and wished them both the best. He explained he did not think this was the best location for both restaurants given the parking and traffic issues. He commented with his brief experience with the Ridgedale Dave’s Hot Chicken location, he was skeptical of the 40 trips per hour number. He noted the report said 386 trips per day and this was appropriated to 40 trips per hour. He believed the experience at Ridgedale was significantly higher than that. He indicated the one thing that was pointed out in the report (within the email on page 18) by a couple of Planning Commissioners was that the wording, “Let me know if you like these numbers” sounded like a statement was made in the reported customer numbers with regard to whether or not those numbers work for the applicants. He stated this was concerning because it seems to imply that numbers were randomly provided but were not necessarily accurate and this has not been fully addressed. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Adjourn to Mayor Steffenson adjourned the City Council meeting to the EDA meeting EDA meeting at 8:39 p.m. Reconvene to Mayor Steffenson reconvened the regular City Council meeting Maple Grove City Council Minutes February 5, 2024 Page 24 regular at 8:42 p.m. meeting Project Libre Community and Economic Development Director Hogeboom TIF requested action on this item be tabled to the March 4, 2024 City Council meeting per the applicant’s request. development agreement Motion by Mayor Steffenson, seconded by Councilmember Hanson, to table action on this item to the March 4, 2024 City Resolution No. Council meeting. Upon call of the motion by Mayor 24-025 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  The Planning Commission would be meeting next on and economic Monday, March 11. development items  Staff discussed the new businesses that would be coming back to Maple Grove this spring which included Ashley Furniture, J Crew, Tu Le Jour, Paris Baguette and Broadway Pizza. Engineering- public works items Report on Public Works Director/City Engineer Labounty updated the Council regarding the following: upcoming engineering  There would be a neighborhood open house for the 2024 Street Reconstruction Project on Tuesday, February 13 at items 5:30 p.m. at the Government Center. Administration items Report on City Administrator Nelson explained that the Council has her upcoming Monday report if there are any questions. She reported the I- 94 Coalition would be hosting a legislative breakfast on Friday, administration February 9. She indicated the legislative session would begin items on Monday, February 12. Maple Grove City Council Minutes February 5, 2024 Page 25 Items added to None. the agenda Adjournment Motion by Councilmember Barnett, seconded by Councilmember Janigo, to adjourn to the regular City Council meeting on February 20, 2024 at 7:30 p.m. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. The meeting was adjourned at 8:45 p.m. by Mayor Steffenson. Respectfully submitted, Heidi Nelson City Administrator