Maple Grove City Council Meeting

Transcription

1 Maple Grove City Council Meeting Meeting Minutes Call to Order Additions or Deletions to the Agenda Consent Items Pursuant to call and notice thereof, a Regular Meeting of the Maple Grove City Council was held at 7:30 p.m. on November 17, 2014 at the Maple Grove Government Center/Public Safety Facility, Hennepin County, Minnesota. Members present were Mayor Mark Steffenson and Councilmembers LeAnn Sargent, Karen Jaeger, Phil Leith, and. Erik Johnson. Absent was none. Present also were Al Madsen, City Administrator; Dick Edwards, Community Development Director; Peter Vickerman, City Planner; Ken Ashfeld, Public Works Director/City Engineer; and George Hoff, City Attorney. Mayor Steffenson called the meeting to order at 7:30 p.m. and led the City in the Pledge of Allegiance. Mayor Steffenson asked if there were any additions and/or deletions to the Consent Agenda to which Al Madsen stated the following: Item Amended to the Agenda None Item Amended to the Agenda None Item Added to the Consent Agenda 3P. November 3, 2014 Special City Council Meeting Minutes 3Q. November 10, 2014 Special City Council Meeting Minutes Item Removed from the Consent Agenda 3L. Ordinance No Amending PUPS Boarding Fees The following Consent Items were presented for Council s approval: MINUTES A. Regular Meeting November 3, 2014 SCHOOLS AND CONFERENCES B. Larry Huff to ICC Annual Conference Motion to approve the attendance of Chief Plans Examiner Larry Huff to the 2014 ICC Annual Conference and Group C Public Comment Hearings from September 27th thru October 3,

2 Page in Fort Lauderdale, FL, at a cost not to exceed $1,500. PERSONNEL ITEMS C. Recruitment Approval for Full-Time Office Clerk Public Works Motion to authorize staff to begin the recruitment process for an Office Clerk in the Public Works Department, due to the resignation of Donna Skaja, which was accepted with an effective date of December 18, 2014, and to authorize changing the status of the position from part-time benefit-earning to fulltime benefit earning. D. City of Maple Grove Flexible Benefits Plan Revised for the 2015 Plan Year Motion to approve the revised City of Maple Grove Flexible Benefits Plan, for the 2015 Plan Year. COMMUNITY DEVELOPMENT ITEMS E. DDR Corp Plat One Short Plat Motion to direct the City Attorney to draft a Resolution approving the Preliminary and Final Plat of DDR Corp Plat One, subject to the applicant complying with applicable Building Code requirements and until then no part of the subject building can be sold into separate ownership. F. Maple Grove Retail PUD Concept Amendment and Development Stage Plan - Resolution No Motion to adopt Resolution No approving the PUD Concept Plan Amendment for Arbor Lakes, including the redevelopment of one Restaurant lot into one general retail/restaurant lot; and approving the PUD Development Stage Plan for Maple Grove Retail, including the site plan for Maple Grove Retail and all related documents, subject to the applicant addressing to the satisfaction of the City the applicable comments contained in the memorandum from the Assistant City Engineer, dated October 2, 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

3 Page 3 month. G Sign Hanger License Motion to approve the 2014 Sign Hanger License for Post-n- Signs, LLC DBA: Twin City Post. ENGINEERING ITEMS H. Sureties Motion to approve the surety actions as identified on the Council Action Form. I. Approval of Snowmobile Trail Agreement and Location of Snowmobile Trail Resolution No Motion to adopt Resolution No approving the location of the snowmobile trail for as shown on the accompanying map, approving the snowmobile trail agreement for the snowmobile season and authorizing the Mayor and City Clerk to execute said agreement. J. I-494 Pavement Preservation And General Purpose Lane Expansion Final Layout Approval and Municipal Consent - Resolution No Motion to adopt Resolution No approving the proposed final layout for the Interstate 494 project (Layout No. 5 SP ). Motion to approve the granting of an easement and Zero Dollar Permit to Construct to the Minnesota Department of Transportation for stormwater treatment purposes over Parcel 231 of MnDOT Right-of-Way Plat Numbered K. Special Assessment Deferment on MXD Property - Resolution Nos and Motion to adopt Resolution No establishing the deferment of special assessments (principal payments) for certain Mixed Use guided properties for tax year Motion to adopt Resolution No establishing the deferment of special assessments (principal and interest payments) for certain Mixed Use guided properties for tax year 2015.

4 Page 4 ADMINISTRATIVE ITEMS L. Ordinance No Amending PUPS Boarding Fees This item was removed from the Consent Agenda and will be considered at a future Council meeting. M. Hennepin County Chiefs of Police Mutual Aid Pact Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment Resolution No Motion to adopt Resolution No approving and adopting the Joint and Cooperative Agreement for Use of Law Enforcement Personnel and Equipment effective January 1, This is the Hennepin County Chiefs of Police Mutual Aid Pact. N. City Office Hours for Christmas Holiday Motion to close Maple Grove City offices from noon on Wednesday, December 24, through Friday, December 26, CLAIMS O. Motion to approve the claims as listed: City: $2,834, Purchasing Card: $40, P. November 3, 2014 Special City Council Meeting Minutes Motion to approve the Special City Council Meetings Minutes from November 3, Q. November 10, 2014 Special City Council Meeting Minutes Motion to approve the Special City Council Meetings Minutes from November 10, Motion by Councilmember Sargent, seconded by Councilmember Leith, to approve the Consent Items as amended, removing item 3L (Ordinance No Amending PUPS Boarding Fees) and adding items 3P (November 3, 2014 Special City Council Meeting Minutes) and 3Q (November 10, 2014 Special City Council Meeting Minutes). Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried.

5 Page 5 Consideration of Items Pulled from the Agenda None. Special Business Open Forum Introduction of Recently Appointed Sergeant Tanya Petz 7:30 p.m. Public Hearing On Sale Wine and 3.2% Liquor License for Daily Dose LLC dba Daily Dose Kelli Slavik, Mayor of Plymouth, congratulated Mayor Steffenson on his reelection. She presented the Council with a photo from the I-494 groundbreaking ceremony. She thanked the Mayor and Council for their continued support on this project. She looked forward to the additional lane on I-494 noting it would benefit both Plymouth and Maple Grove residents. A round of applause was offered by all in attendance. Chief Werner introduced Sergeant Tanya Petz to the City Council and staff members present. He discussed Sergeant Petz s work history and noted her promotion was approved by the Council on November 3, Sergeant Petz thanked the Council, her partners and her family for their continued support. A round of applause was offered by all in attendance. City Administrator Madsen explained Daily Dose was requesting an On Sale Wine and 3.2% Liquor License. He reported that all necessary paperwork had fees have been submitted to the City. Staff recommended approval of the liquor license. Ben Havn, th Avenue North, explained he was the coowner of Daily Dose. He indicated the liquor license would provide his customers an opportunity to purchase wine or 3.2 beer in the early evenings. Mayor Steffenson encouraged Mr. Havn to thoroughly train his employees and not sell to minors or overly intoxicated individuals. Motion by Councilmember Sargent, seconded by Councilmember Jaeger, to open the public hearing. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Mayor Steffenson opened the public hearing at 7:42 p.m. and asked if anyone would like to address this issue. No public testimony was offered. Motion by Councilmember Sargent, seconded by

6 Page 6 Councilmember Leith, to close the public hearing at 7:42 p.m. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Motion by Councilmember Leith, seconded by Councilmember Sargent, to approve the On Sale Wine and 3.2 Liquor License for Daily Dose LLC dba Daily Dose, Grove Circle N., 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, Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. 7:30 p.m. Liquor Violation Chipotle Mexican Grill of Colorado LLC dba Chipotle Mexican Grill #1116 City Administrator Madsen explained that Chipotle Mexican Grill recently failed a liquor license compliance check. He indicated this was the establishment s first violation. Staff recommended the two-day suspension be served on December 2 nd and 3 rd. City Attorney Hoff advised that Chipotle has waived the right to contest the liquor violation. Susanna Soltero, Chipotle Mexican Grill, explained that several employees attended the training offered by the City of Maple Grove. She reported that management has had several conversations with staff and indicated all ID s would be checked for alcohol sales. Mayor Steffenson stressed that even if ID s are checked that the employees be sure staff was thoroughly reviewing the information on the ID. Councilmember Jaeger encouraged Chipotle and its employees to attend the compliance training offered by the City of Maple Grove. Motion by Councilmember Jaeger, seconded by Councilmember Leith, to approve directing the City Attorney to prepare appropriate findings of fact and conclusion in support of the decision to suspend the On- Sale/Sunday Sale Intoxicating Liquor License for Chipotle Mexican Grill of Colorado LLC dba Chipotle Mexican Grill #1116, 9881 Maple Grove Parkway, Maple Grove, Minnesota for at least two consecutive days for a first violation within any three-year period and/or impose a civil penalty of up to $2,000 per violation for consideration at the next Council meeting. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. 7:30 p.m. City Administrator Madsen explained that Frankie s Chicago

7 Page 7 Liquor Violation Droogsma Enterprises, Inc. dba Frankie s Chicago Style Pizza 7:30 p.m. Liquor Violation Frank Maple LLC dba Rusty Taco Style Pizza recently failed a liquor license compliance check. He indicated this was the establishment s first violation. Staff recommended the two-day suspension be served on December 2 nd and 3 rd. City Attorney Hoff advised that Frankie s has waived the right to contest the liquor violation. Jessica O Dell, Frankie s Chicago Style Pizza, reported an ID scanner has been purchased and implemented for all alcohol purchases. She explained that the employee at fault would not be allowed to handle any alcohol sales for the next month without the assistance of a manager. Councilmember Jaeger encouraged all Frankie s employees to attend the compliance training offered by the City of Maple Grove. Ms. O Dell reported seven members from her staff attended the May training. Motion by Councilmember Jaeger, seconded by Councilmember Sargent, to approve directing the City Attorney to prepare appropriate findings of fact and conclusion in support of the decision to suspend the On-Sale Wine and 3.2% Malt Liquor License for Droogsma Enterprises Inc. dba Frankie s Chicago Style Pizza, rd Way, Maple Grove, Minnesota for at least two consecutive days for a first violation within any three-year period and/or impose a civil penalty of up to $2,000 per violation for consideration at the next Council meeting. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. City Administrator Madsen explained that the Rusty Taco recently failed a liquor license compliance check. He indicated this was the establishment s first violation. Staff recommended the two-day suspension be served on December 2 nd and 3 rd. City Attorney Hoff advised that the Rusty Taco has waived the right to contest the liquor violation. Pam Ringgenberg, 607 Cam Creek Lane, described the point of sale system currently in place at the Rusty Taco. She reported the employee handbook states that all employees will ID patrons for each alcohol sale. She indicated the violation occurred by a cook and any future violations would result in immediate termination. Councilmember Jaeger encouraged the Rusty Taco employees to attend the compliance training offered by the City of Maple Grove. She explained that only three employees attended the February session.

8 Page 8 Motion by Councilmember Jaeger, seconded by Councilmember Sargent, to approve directing the City Attorney to prepare appropriate findings of fact and conclusion in support of the decision to suspend the On- Sale/Sunday Sale Intoxicating Liquor License for Frank Maple LLC dba Rusty Taco, 6346 Vinewood Lane, Maple Grove, Minnesota for at least two consecutive days for a first violation within any three-year period and/or impose a civil penalty of up to $2,000 per violation for consideration at the next Council meeting. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. 7:30 p.m. Liquor Violation TMI Property Management Inc. dba Maple Grove Cambria Suites Authorize Final Design, Construction Documents and Pursuit of City Administrator Madsen explained that Maple Grove Cambria Suites recently failed a liquor license compliance check. He indicated this was the establishment s first violation. Staff recommended the two-day suspension be served on December 2 nd and 3 rd. City Attorney Hoff advised that Cambria Suites has waived the right to contest the liquor violation. Kevin Renville, Area Director, explained he held a meeting with staff regarding the importance of properly ID ing patrons. He reported nine managers and bartenders attended the City sponsored compliance training in November. He discussed the specific incident noting the ID was checked, and a mistake was made. He indicated the employee at fault was a five-year employee and her ability to serve alcohol has been suspended for 90 days. Motion by Mayor Steffenson, seconded by Councilmember Sargent, to approve directing the City Attorney to prepare appropriate findings of fact and conclusion in support of the decision to suspend the On-Sale/Sunday Sale Intoxicating Liquor License for TMI Property Management Inc. dba Maple Grove Cambria Suites, 9655 Grove Circle, Maple Grove, Minnesota for at least two consecutive days for a first violation within any three-year period and/or impose a civil penalty of up to $2,000 per violation for consideration at the next Council meeting. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Public Works Director/City Engineer Ashfeld requested the Council consider improvements to the Weaver Lakes Road corridor west of I-494. He reported the improvements would constitute two roundabouts to improve safety. He thanked the residents and stakeholders for offering their comments and

9 Page 9 Necessary Right of Way for Project No Weaver Lake Road Roundabouts opinions on this project. Motion by Councilmember Jaeger, seconded by Councilmember Sargent, to accept all written public comments for Project No Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Jupe Hale discussed a corridor study in detail with the Council along with the project history. It was noted funding for this project would be available in He recommended the Council authorize the final design for the Weaver Lake Road Roundabouts. Councilmember Jaeger asked if the roundabout on Niagara Lane would require the taking of homes. Mr. Hale reported that no homes would be taken for either of the roundabouts. He stated that a portion of the berm on Niagara Lane would be impacted. Councilmember Leith requested further information on the number of accidents occurring along this corridor. Mr. Hale explained that over a three-year period from 2011 to 2013 the corridor had 42 accidents. He commented that the Dunkirk intersection was not included in these numbers. Councilmember Sargent did not approve of the intersection at TH610 and Zachary Lane. For this reason, she suggested the City pursue other alternatives to assist with traffic management versus additional roundabouts. She supported lowering the speed limit or additional signage, but would not support the proposed roundabouts. Councilmember Johnson inquired if the City had the ability to lower the speed along Weaver Lake Road. Mr. Hale indicated the City did not have the ability to lower the speed on this roadway, but could bring their request to the Commissioner of Transportation. He noted a speed study would have to be completed. He believed that a study would not lower the speed limit, but rather could increase the speed limit. Motion by Councilmember Jaeger, seconded by Councilmember Sargent, to table indefinitely authorizing the final design, preparation of construction documents, and pursuit of necessary right of way for the Weaver Lake Road Roundabouts (City Project No ). Councilmember Leith supported tabling this matter until a complete layout and list of options for the corridor could be completed and reviewed by the Council. He encouraged the Police Department to enforce the speed along this roadway. Mayor Steffenson suggested the intersection of Weaver Lake

10 Page 10 Community Development Items Road and Dunkirk also be reevaluated to reduce the number of accidents at that intersection. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. The Point at Arbor Lakes Comprehensive Plan Amendment PUD Concept Stage Plan Mayor Steffenson recused himself from taking action on this item. Councilmember Jaeger would preside as Acting Mayor. City Planner Vickerman explained the applicant is requesting a Comprehensive Plan Amendment and Planned Unit Development Concept Plan approval for the purpose of developing the property into multiple uses including retail, a hotel, restaurants, bank, office and office-showroom uses. He reviewed the plan in detail with the Council noting this was the last vacant quadrant of the intersection at Arbor Lakes Parkway and Hemlock Lane. He commented the proposed development would blend the elements of suburban life with a more pedestrian scale commercial and retail mixed use development. City Planner Vickerman indicated the site was guided for highdensity residential and regional mixed use. This was changed in 2007 to medium density residential. The applicant was prosing to amend the comprehensive plan to have the south portion of the land be regional mixed use with the northern portion becoming office and office/warehouse. City Planner Vickerman provided comment on the discussion held by the Planning Commission. He indicated the group was concerned with the lack of pedestrian access along Arbor Lakes Parkway and Hemlock Lane. He reviewed the concerns of the Planning Commission and explained they recommended approval of the request with conditions. Councilmember Johnson asked where the high density residential was being moved to. City Planner Vickerman reported it would be moved to the east. Councilmember Leith questioned if staff had approved the traffic plan. City Planner Vickerman explained continued to work with the applicant on this issue. There were concerns with the turning movement at Arbor Lakes Parkway and Hemlock Lane. He provided further comment on how traffic would flow to and through the site. Councilmember Leith inquired what type of use would be located in the office/showroom and office/warehouse space.

11 Page 11 City Planner Vickerman described the types of businesses that would be successful in these locations. Acting Mayor Jaeger asked if the office/warehouse could be converted to car sales. City Planner Vickerman reported this would require a PUD amendment and approval by the City Council. Acting Mayor Jaeger suggested the roundabout be removed noting she did not support the proposed traffic patterns. Steven Graffunder, representative for the land seller, the Francis Seleen Trust, explained the property was under contract with Opus contingent upon City Council approval of the proposed development. Mr. Graffunder reported the Francis Seleen Trust did not have a great deal of assets remaining and for that reason was pursuing the sale of the property. He discussed the original plans for this property and noted the market demands have changed, which has led to a shift in the proposed development. He was pleased with the partnership the land seller had with Opus, and advised that Opus had developed the other three corners of this intersection. Phil Cattanach, Opus, stated he has been working on a solution for this property for the past year. He discussed how the market has changed along with his goals for the 40-acre parcel. He believed the proposed mixed-use development would be an exciting addition to the City of Maple Grove. He reported the office market was currently depressed. He indicated he had been in conversation with the adjacent property owner regarding the alignment of Fountains Drive and was aware of the proposed plans. He appreciated staff s input and the Council s consideration. Councilmember Leith did not support the amount of proposed retail within the proposed development. He was in favor of the City sticking to the previous plan and vision for this site. He feared how the proposed change would impact the future of the gravel mining area. He was not comfortable changing the land use plan. Councilmember Sargent was confident that Opus plan would blend well into the surrounding development. She discussed the land use plan changes that were approved by the Council in the past and did not believe that a precedence would be sent by approving the Opus project. Councilmember Johnson indicated the proposed development deviated substantially from the original plans for this parcel. He preferred that the project for this site be non-retail focused. He feared how the parcels to the east would develop if such a large

12 Page 12 Report On Upcoming Community Development Items Report on Upcoming Engineering Items Al Madsen, City Administrator deviation from the original plans were approved for this site. He understood that the market has changed, but noted the land use plan was deaf to market concerns. He was willing to delay developing this site until a project came forward that more closely aligned with the land use plan. Acting Mayor Jaeger agreed. Mr. Cattanach summarized the Council comments stating there was concern with the level of deviation within the proposed project when compared to the original guidance for the land. He noted he had a retail expert present to provide comment on the retail market. He explained that Opus may struggle to bring forward a viable plan for this site that did not amend the Comprehensive Plan. He reported the Council could table action on this item for two weeks and allow him to redraft the plans. City Attorney Hoff advised that if the item were tabled, an extension to the application timeline would be required. The applicant was willing to support the extension. Councilmember Sargent wanted to see a development brought to the City that would benefit its residents. She recommended the request be tabled with more clear direction from the Council on how to proceed. Motion by Councilmember Leith, seconded by Councilmember Johnson, to table action on this item to the December 1, 2014 City Council meeting. Upon call of the motion there were four ayes and no nays (Mayor Steffenson abstained). Motion carried. Community Development Director Edwards stated there was nothing to report. Director of Public Works/City Engineer Ashfeld had nothing to report. Mr. Madsen explained that the Council would receive his report on Friday.

13 Page 13 Items Added to the Agenda Councilmember Jaeger congratulated Mayor Steffenson and Councilmember Leith on their reelection. She noted she toured the Bottineau Ridge apartments and explained the units were extremely nice. Councilmember Jaeger wished everyone a Happy Thanksgiving. Adjournment Motion by Councilmember Sargent, seconded by Councilmember Jaeger, to adjourn to the regular City Council meeting on December 1, 2014 at 7:30 p.m. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. The meeting was adjourned at 9:04 p.m. by Mayor Steffenson. Respectfully submitted, Alan A. Madsen City Administrator