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 16, 2015 at the Maple Grove Government Center/Public Safety Facility, Hennepin County, Minnesota. Members present were Mayor Mark Steffenson and Councilmembers Judy Hanson, Karen Jaeger, Phil Leith, and 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; various Department Directors; 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. 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 Consent Agenda None Item Added to the Agenda None Item Removed from the Consent Agenda for Discussion None The following Consent Items were presented for Council s approval: MINUTES A. Special Meeting November 2, 2015 B. Regular Meeting November 2, 2015 SCHOOLS AND CONFERENCES No Items to Present. PERSONNEL ITEMS
Page 2 C. Probationary Paid-On-Call Firefighter Appointment Motion to approve the hiring of Steve Anderson to the position of Probationary Paid-On-Call Firefighter (starting salary $11.18/hr), effective on 11/17/15, subject to an 18-month probationary period. All required screenings and background checks have been successfully completed. D. Probationary Paid-On-Call Firefighter Appointment Motion to approve the hiring of Steven James to the position of Probationary Paid-On-Call Firefighter (starting salary $11.18/hr), effective on 11/17/15, subject to an 18-month probationary period. All required screenings and background checks have been successfully completed. E. Probationary Paid-On-Call Firefighter Appointment Motion to approve the hiring of Scott Kielty to the position of Probationary Paid-On-Call Firefighter (starting salary $11.18/hr), effective on 11/17/15, subject to an 18-month probationary period. All required screenings and background checks have been successfully completed. F. Probationary Paid-On-Call Firefighter Appointment Motion to approve the hiring of Jesse Navin to the position of Probationary Paid-On-Call Firefighter (starting salary $11.18/hr), effective on 11/17/15, subject to an 18-month probationary period. All required screenings and background checks have been successfully completed. COMMUNITY DEVELOPMENT ITEMS G. Kiddiegarten PUD Development Stage Plan Motion to recommend that the City Council direct the City Attorney to draft a resolution approving the PUD Development Stage Plan of Kiddiegarten, subject to: 1. The applicant submitting an updated landscape plan showing no more than 20% of a single species and subject to any comments from the Arbor Committee. Also adding additional trees or moving trees to the west side of the property adjacent to the residential area. 2. The applicant revising the grading and drainage system and plans to the city's satisfaction.
Page 3 3. The applicant submitting a revised utility plan. 4. Temporary curbing shall be installed where the first phase parking area will end. H. Ocean Therapeutic Massage Business/Personal Service License Suspension Motion to suspend the Massage Business License of Ocean Therapeutic Massage, 7042 E. Fish Lake Road, Maple Grove, Minnesota 55311, based on the comments on the Council Action Form, and to direct the Clerk to send the notice of suspension attached, and to schedule a license revocation hearing before the City Council for December 7, 2015, at 7:00 p.m. Motion to suspend the Personal Service License of Xian Mei Zhang, based on the comments on the Council Action Form, and to direct the Clerk to send the notice of suspension attached, and to schedule a license revocation hearing before the City Council for December 7, 2015, at 7:00 p.m. ENGINEERING ITEMS I. First Amendment to Purchase Agreement CLS Properties VI, LLC Motion to approve the First Amendment to Purchase Agreement between the City of Maple Grove and CLS Properties VI, LLC. J. The Enclave on Rush Creek Project Establishment - Resolution No. 15-092 Motion to adopt Resolution No. 15-092 establishing The Enclave on Rush Creek Area Street and Utility Project No. 16-05 receiving surety and ordering feasibility report. K. Special Assessment Deferment on MXD Property - Resolution Nos. 15-090 & 15-091 Motion to adopt Resolution No. 15-090 establishing the deferment of special assessments (principal payments) for certain Mixed Use guided properties for tax year 2016. Motion to adopt Resolution No. 15-091 establishing the deferment of special assessments (principal and interest payments) for certain Mixed Use guided properties for tax year 2016.
Page 4 L. Sale of Metropolitan Council Right -of- Way Acquisition Loan Fund Property Motion to approve Purchase Agreement between the City of Maple Grove and Green Homes of Minnesota for the sale of property identified as 11-119-22-14-0079. M. Sureties Motion to approve the surety actions as identified on the Council Action Form. N. Cooperative Agreement with Three Rivers Park District Authorization to Negotiate Motion to direct staff to negotiate a Cooperative Construction Agreement with Three Rivers Park District for the purpose of purchasing property located at 10510 Holly Lane North, Maple Grove. O. East Fish Water Tower Project No. 14-19 Final Payment Motion to approve Change Order No.1 and Change Order No.2, resulting in an increase in the East Fish Water Tower Project No. 14-19 contract amount of $20,950.00. Motion to approve final acceptance of East Fish Water Tower Project No. 14-19 completed by Classic Protective Coatings, Inc., subject to warranty provisions of the contract (effective July 17, 2015) and statutory law. P. Ordinance Amending Water and Sewer Rates Ordinance No. 15-17 Motion to adopt Ordinance No. 15-17 amending City Code for increase in water and sewer rates effective 2016. Motion to adopt Summary Ordinance No. 15-17 for purpose of reducing publication costs. ADMINISTRATIVE ITEMS Q. 2016 Local Board of Appeal and Equalization Motion to approve the initial meeting of the Local Board of Appeal and Equalization on April 12, 2016 at 7:00 PM and the meeting date of April 26, 2016 at 7:00 PM for the reconvene
Page 5 meeting. Both meetings will be held in the City Council Chambers. Council s recommendation will be submitted to the office of the Hennepin County Assessor. R. Amendment 1 to Agreement No.10/1/12-1 with Midwest Paratransit Services Motion to authorize the Mayor and City Administrator to enter into Amendment 1 for Agreement No. 10/1/12-1 with Midwest Paratransit Services to operate the Maple Grove shuttle routes 787 and 788 through December 31, 2018. S. Jefferson Lines Maple Grove Transit Station License Agreement Motion to authorize the Mayor and City Administrator to execute a three-year agreement between the City of Maple Grove and Jefferson Lines related to an intercity bus stop at the Maple Grove Transit Station for the period of January 1, 2016 through December 31, 2018. T. University of Minnesota-Morris Maple Grove Transit Station License Agreement Motion to authorize the Mayor and City Administrator to enter into a Maple Grove Transit Station License Agreement with the Regents of the University of Minnesota to establish a University of Minnesota Morris Campus shuttle bus stop at the Maple Grove Transit Station for the period January 1, 2016 through December 31, 2018. U. City Clerk Motion to move Deputy City Clerk Stevie Koll Anderson to City Clerk and to authorize Administrative Secretary Kim Greninger to sign all necessary City documents in the absence of the City Clerk. V. Northwest Cable Communications Commission Motion to approve Al Madsen to the Northwest Cable Communications Commission (NWCCC) as a resident representative for the City of Maple Grove. W. Appointment of Acting City Administrator
Page 6 Motion to approve Finance Director Jim Knutson as Acting City Administrator effective December 1 through 8, 2015, and Public Works Director/City Engineer Ken Ashfeld as Acting City Administrator effective December 9 through 20, 2015. X. Woodland Mounds Generator Motion to authorize Mayor and City Administrator to enter into an agreement with Premier Electrical Services for a 100KW diesel generator at a price of $71,850.00. CLAIMS Y. Motion to approve the claims as listed: City: $1,678,078.02 Purchasing Card: $0 Motion by Councilmember Leith, seconded by Councilmember Jaeger, to approve the Consent Items as presented. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Consideration of Items Pulled from the Agenda None. Special Business Open Forum Donation from Maple Grove Lions There were no open forum issues brought before the Council at this meeting. Representatives from the Lions presented the Council with a donation in the amount of $27,500 to be used by the Police Department. Staff recommended the Council make a motion to approve the donation. Councilmember Leith thanked the Lions for their generous donation to the Police Department. Mayor Steffenson also appreciated the Lions generosity and numerous contributions to the community over the years. Motion by Councilmember Leith, seconded by Councilmember Jaeger, to approve the acceptance of a $27,500 donation to the Maple Grove Police Department
Page 7 from the Maple Grove Lions Club. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Representative Dennis Smith Introduction of New City Administrator 7:30 p.m. Liquor Violation Droogsma Enterprises Inc. dba Frankie s Chicago Style Pizza Representative Dennis Smith provided the Council with a legislative update from the State of Minnesota. He then provided a brief outlook on the 2016 legislative session and thanked the Council for their time. Mayor Steffenson thanked Representative Smith for his efforts on behalf of the community. Mayor Steffenson introduced Heidi Nelson to the City Council explaining she would begin serving as the Maple Grove City Administrator as of December 21, 2015. Heidi Nelson explained she was really looking forward to serving as the City Administrator for Maple Grove and appreciated the City Council s support. A round of applause was offered by all in attendance. City Administrator Madsen reported Frankie s Chicago Style Pizza recently had a liquor violation. It was noted this was Frankie s second violation within a three year time period. He indicated Frankie s has waived their right to a public hearing. Staff recommended the Council take comment from representatives of Frankie s and direct staff to prepare the appropriate findings of fact. Mayor Steffenson expressed concern that this was Frankie s second violation in three years. He questioned what actions Frankie s was taking to ensure that no further liquor sales were made to minors. Thomas O Dell, 7361 Kahler Circle in Albertville, Frankie s Chicago Style Pizza, explained he took this violation very seriously and understood the responsibility fell on him. He reported all staff members were required to attend the City s sponsored liquor compliance training. He could not explain how his employee failed the liquor test and reported this employee has been spoken to. He believed in offering this employee a second chance. He discussed how this experience has been used as a training tool at Frankie s and noted he has drafted his own alcohol training manual for employees that sell alcohol. Casey O Dell, 7361 Kahler Circle NE in Albertville, Frankie s Chicago Style Pizza, explained that all employees were required to read and sign the new alcohol training manual. Mr. O Dell indicated he has an ID scanner in place for alcohol
Page 8 sales and meetings have been held with staff to educate them on proper sales procedures. Councilmember Johnson questioned if the owners of Frankie s were aware of the penalty for a third liquor violation. Mr. and Mrs. O Dell were aware of the penalty and apologized to the Council for the two mishaps. 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 Wine Intoxicating Liquor License and the 3.2% Malt Liquor License for Droogsma Enterprises Inc. dba Frankie s Chicago Style Pizza, 13724 83rd Way, Maple Grove, Minnesota for at least five consecutive days for a second 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 Kyoto Sushi 168 Inc. dba Kyoto Sushi City Administrator Madsen reported Kyoto Sushi recently had a liquor violation. It was noted this was Kyoto Sushi s first violation in three year time period. He indicated Kyoto Sushi has waived their right to a public hearing. Staff recommended the Council take comment from representatives of Kyoto Sushi and direct staff to prepare the appropriate findings of fact. Mayor Steffenson requested comment from representatives of Kyoto Sushi. Jay Nguyen, Kyoto Sushi, discussed the new policies in place at his establishment and explained all employees would be required to attend the City sponsored alcohol compliance training. He reported all employees were made aware of the violation and the employee at fault was terminated. He sincerely apologized to the City Council for the situation. Motion by Councilmember Hanson, seconded by Mayor Steffenson, 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 Intoxicating Liquor License and the 3.2% Malt Liquor License for Kyoto Sushi 168 Inc. dba Kyoto Sushi, 13751 Grove Drive North, Maple Grove, Minnesota for at least two consecutive days for a first violation within any threeyear 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
Page 9 Community Development Items five ayes and no nays. Motion carried. The Enclave at Dunlavin Woods PUD Concept Stage Plan City Planner Vickerman explained that the applicant was seeking PUD Concept Stage Plan approval for a 29 lot single family subdivision, with one amenity lot. The site is located at the southeast corner of County Road 101 and 101 st Ave N. A 30 lot single family neighborhood was approved for the site in 2005 but was never developed. Staff discussed the plans for the site in detail with the Council. He reported the Planning Commission discussed this item at their November 9 th meeting and recommended approval of the Concept Stage Plan subject to two conditions. Councilmember Leith expressed concern with the lots less than 80 feet in width. He questioned why the City was not holding firm to this requirement. City Planner Vickerman indicated the wetlands were not being encroached upon through the proposed development and an amenity tot lot was being offered. Mayor Steffenson requested further information on the tot lot. City Planner Vickerman reported the tot lot was proposed to hold some playground equipment, but not a pool area. Nathan Fair, Landmark Development, explained the proposed development would be a closed development exclusive to Hanson Builders. He discussed why the neighborhood layout had been redesigned and noted tree preservation was important to Hanson Builders. He reported the HOA would be responsible for maintaining the tot lot. Councilmember Jaeger asked if the corner of Brockton Lane and 101 st was a busy intersection. Mr. Fair believed that this was a fairly busy intersection. He explained that he could work with his landscape architect to improve the fence design surrounding the tot lot. Councilmember Johnson supported the installation of a decorative fence surrounding the tot lot to keep children safe and away from two busy streets of traffic. Mr. Fair explained he would have this drawn into his final plans. Motion by Mayor Steffenson, seconded by Councilmember Hanson, to approve directing the City Attorney to draft a Resolution approving the PUD Concept Stage Plan of The
Page 10 Enclave at Dunlavin Woods, subject to: 1. The applicant addressing to the satisfaction of the City any remaining applicable comments contained in the memorandum from the Hennepin DOT and Superintendent of Parks and Planning dated October 21 and November 5, 2015. 2. The trail connection to 101 st Avenue will be constructed when 101 st Avenue is reconstructed in the future. 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. The Enclave on Rush Creek PUD Development Stage Plan Community Development Director Edwards explained that the applicant was seeking approval of a Planned Unit Development- --Development Stage Plan for the purpose of developing 66 single family residential lots, a community pool, pool house and trail connection. The property is located at the northern end of Maple Grove, just west of Fernbrook Lane and the area is set apart from others by the steep chasm of Rush Creek. The topography creates an isolated situation where access will originate from and be routed through the City of Dayton. The deep chasm created by Rush Creek separates the subject property from its lower half and eliminates practical connections from within Maple Grove. Staff discussed the plans for the site in detail with the Council. He reported the Planning Commission discussed this item at their November 9 th meeting and recommended approval of the rezoning and PUD Development Stage Plan. Councilmember Jaeger expressed concern with how emergency vehicles would reach the proposed plat. Community Development Director Edwards reported emergency police, ambulance and fire would be provided by the City. Councilmember Leith asked if the pool area could be shifted at all to assist with saving more trees. Community Development Director Edwards stated this was being considered noting the pool building could be pulled to the south portion of the lot to create an opening for further preservation of existing trees. In addition, the applicant has committed to planting dense
Page 11 evergreens around the pool area itself. This would assist in creating a visual barrier around the pool while also creating some mitigation for noise. Councilmember Leith questioned when the Rush Creek Parkway would be complete. Community Development Director Edwards anticipated that construction would commence in 2016. Councilmember Jaeger inquired if any of the lots were within the floodplain. Community Development Director Edwards reported this was not the case. Councilmember Hanson understood the residents living adjacent to the proposed development were concerned with the number of trees that would be lost along the northern property line. She questioned how the developer would address this concern. Community Development Director Edwards stated the present plan does not show replacement trees, but a discussion could be held with the developer. Tom Gonyea, Estate Development Corporation, thanked the Council for considering his request. He appreciated staff s thorough report and explained he was present for Council comments or questions. Councilmember Hanson asked if the applicant had considered if semi-truck traffic would be able to maneuver through the new development. Mark Rausch, Alliant Engineering, discussed the auto-turn analysis that he conducted on the proposed development. He reported a 53 tractor trailer would be able to maneuver through the proposed curb lines. Councilmember Jaeger asked if fire sprinklers would be installed in the new homes. Mr. Gonyea reported State law does not require sprinkler systems in residential homes under 5,000 square feet. Mayor Steffenson inquired if there were any comments from the public. Bill Feist, 15750 Territorial Road, hoped that the new development would assist with speeding along the reconstruction of Territorial Road, as it was in horrible condition. He then questioned what the City of Maple Grove s construction hours were. Mayor Steffenson reviewed the hours with the public. Matt Thunzel, 10955 Sundance Woods Boulevard in Dayton, discussed how traffic would have to drive through his subdivision in order to access the new development. He expressed concern with the safety of the numerous children within his neighborhood and was also concerned with how his
Page 12 property would be adversely impacted by the increase in traffic. He found it strange that the proposed subdivision would have only one entrance and exit. Community Development Director Edwards discussed the other developments in Maple Grove that had only one entrance and exit. Charles Blong, 15431 Creekside Lane in Dayton, had an issue with the safety of the children in his neighborhood as well. He provided comment on how traffic flowed through his neighborhood and noted the location of the school bus stops. He did not believe that an 18 wheeler would be able to pass through this area during school bus pick up and drop off times. Lastly, he encouraged the City to request the developer preserve the existing tree line. Mayor Steffenson reported he was aware of the traffic safety concerns and encouraged the residents present to bring these issues to the City of Dayton. Peter Demuth, 15551 Creekside Lane in Dayton, was concerned with the ponding located between the new development and his neighborhood. It was his hope that the trees between the two neighborhoods could be preserved. He feared that the new development was being pigeon-holed on the site and should be further reviewed by the City prior to being approved. Councilmember Johnson requested further information regarding the trees along the northern property line. Mr. Gonyea discussed the tree line and provided comment on the importance of trees to his neighborhood and stated he would work to preserve as many trees as possible. Mr. Demuth recommended trees be replanted in the pipeline easement. Motion by Mayor Steffenson, seconded by Councilmember Leith, to approve directing staff to draft an Ordinance rezoning property from R-A, Single-Family Agricultural to R-2, PUD, Single-Family Residential Planned Unit Development and that the rezoning be subject to the filing of the final plat. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Motion by Mayor Steffenson, seconded by Councilmember Leith, to approve directing the City Attorney to draft a resolution approving the PUD Development Stage Plan of The Enclave on Rush Creek, including the preliminary plat, subject to the applicant addressing to the satisfaction of the City any remaining applicable comments contained in memorandums from the Community Development Director; Water Resources Engineer; the Superintendent of Parks
Page 13 and Planning, and Deputy Fire Chief dated October 6, 16, and 16, and November 4, 2015, respectively. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Report On Upcoming Community Development Items Report on Upcoming Engineering Items Al Madsen, City Administrator Items Added to the Agenda Community Development Director Edwards stated the Village at Arbor Lakes Phase I was in the works and would have 249 apartments and a 30,000 square foot clubhouse. Director of Public Works/City Engineer Ashfeld updated the Council regarding the following: Staff was proud to report that all local street reconstruction projects were now complete. Mr. Madsen explained that the Council would have his report on Friday. He thanked the Council for their continued support over the years and appreciated all of the department heads for being present this evening. He indicated that it has been his honor and privilege to serve the City of Maple Grove for the past 32 years. Mayor Steffenson believed that Maple Grove had become a great City because of the vision and hard work put in by Mr. Madsen. He appreciated Mr. Madsen s dedicated service to the community and wished him well in his retirement. Councilmember Jaeger thanked Mr. Madsen for being a friend and mentor in this community. She presented him with a package from the local farmer s market. Councilmember Leith thanked Mr. Madsen for his hard work, leadership and dedication to the City of Maple Grove. Councilmember Hanson wished Mr. Madsen well in his retirement and appreciated all he had done for the City. Councilmember Johnson discussed how the community had changed since 1993. He congratulated Mr. Madsen on his numerous accomplishments and wished him a long and healthy retirement. Councilmember Jaeger sent her condolences to the family of Evan Steves.
Page 14 Adjournment Motion by Councilmember Leith, seconded by Councilmember Jaeger, to adjourn to the regular City Council meeting on December 7, 2015 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 8:50 p.m. by Mayor Steffenson. Respectfully submitted City Clerk