City Council

Maple Grove City Council Meeting Meeting Minutes October 5, 2020 Call to Order Pursuant to call and notice thereof, a Regular Meeting of the Maple Grove City Council was held at 7: 30 p. m. on October 5, 2020 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 Kristy Barnett. Absent was none. Present also were Heidi Nelson, City Administrator; Joe Hogeboom, Community and Economic Development Director; Peter Vickerman, Planning Manager; Jesse Corrow, Associate Planner; Ken Ashfeld, Public Works Director/City Engineer; Fire Chief Tim Bush; Police Chief Eric Werner; 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. He explained he was attending the meeting remotely due to the fact his family members had COVID. Additions or Mayor Steffenson asked if there were any additions and/ or Deletions to deletions to the Consent Agenda to which Heidi Nelson stated the Agenda the following: Item Amended to the Agenda None Item Amended to the Consent Agenda None Item Added to the Agenda None Item Removed from the Consent Agenda for Discussion 3P. Proclamation declaring October 2020 as Domestic Violence Awareness Month Maple Grove City Council Minutes October S, 2020 Page 2 Consent Items The following Consent Items were presented for Council' s approval: MINUTES A. Regular Meeting— September 21, 2020 PERSONNEL ITEMS B. Light Equipment Operator Motion to approve the hiring of Theodore ( Teddy) Kainz to the position of Light Equipment Operator in the Public Works Department at an annual salary of$ 44,410. 08 ( starting pay per Labor Agreement), effective on October 6th, 2020, subject to a 12- month probationary period. All required screenings and background checks have been successfully completed. C. Authorization to Recruit for a Combination Electrical/ Building Inspector in the Building Department Motion to authorize staff to begin the recruitment process for a Combination Electrical/ Building Inspector in the Building department due to the retirement of Larry Wetternach, which was accepted with an effective date of October 9, 2020. D. Authorization to Recruit for a Part- Time Facilities Technician Motion to authorize staff to begin the recruitment process for a part- time facilities technician in the Engineering Department, due to the resignation of Casey Clark, which was accepted with an effective date of June 19, 2020. COMMUNITY & ECONOMIC DEVELOPMENT ITEMS E. Southwest Crossroads Eighth Addition Final Plat Motion to direct the City Attorney to draft a Resolution approving the final plat of Southwest Crossroads Eighth Addition. Subject to: Maple Grove City Council Minutes October S, 2020 Page 3 1. The applicant addressing to the satisfaction of the City any remaining applicable comments contained in the memorandums from: a. Community & Economic Development, dated September 24, 2020 b. Parks and Recreation Department, dated September 22, 2020 ENGINEERING ITEMS F. 2021 Trunk Sanitary CIPP Project No. 21- 05 - Resolution No. 20- 13 8 Motion to adopt Resolution No. 20- 138 establishing 2021 Trunk Sanitary CIPP Project No. 21- 05 and authorizing Stantec to prepare plans, specifications and bid documents. G. New Creations Davcare Southwest Crossroads Fifth Addn. Developer' s Agreement - Resolution No. 20- 142 Motion to adopt Resolution No. 20- 142 approving Developer' s Agreement for Southwest Crossroads Fifth Addition, subject to final review by the City Attorney and Director of Public Works. H. Amended Residential Recycling Grant Agreement with Hennepin Countv- Resolution No. 20- 144 Motion to adopt Resolution No. 20- 144 authorizing an amendment to Residential Recycling Grant Agreement A166431 with Hennepin County. 1. Tucker Ridge Developer' s Agreement - Resolution No. 20- 141 Motion to adopt Resolution No. 20- 141 approving Developer' s Agreement for Tucker Ridge, subject to final review by the City Attorney and Director of Public Works. J. Sureties Motion to approve the surety actions as identified on the Council Action Form. ADMINISTRATIVE ITEMS Maple Grove City Council Minutes October S, 2020 Page 4 K. Findings of Fact on Blue Plate Restaurant Comp_ anv Inc. dba 3 Squares - Resolution No. 20- 136 Motion to adopt Resolution No. 20- 136 making findings, conclusion, and decision imposing a civil penalty of$ 2, 000 and a two ( 2) day suspension on Blue Plate Restaurant Company Inc. dba 3 Squares, 12690 Arbor Lakes Pkwy, Maple Grove, Minnesota. L. Findings of Fact on Grove Tandoor LLC dba Tandoor - Resolution No. 20- 137 Motion to adopt Resolution No. 20- 137 making findings, conclusion, and decision imposing a civil penalty of$ 2, 000 and a two ( 2) day suspension on Grove Tandoor LLC dba Tandoor, 15607 Grove Circle N, Maple Grove, Minnesota. M. Walker Consultants Proposal for Professional Services for Transit Station Mobilitv Hub Reconfiguration Motion for the Mayor and City Council to authorize the City Administrator to accept the Walker Consultant professional service proposal for the Maple Grove Transit Station " Mobility Hub" reconfiguration. N. Purchase Agreement Love Property Motion approving Purchase Agreement with the Richard and Leilani Love for Parcel No. 05- 119- 22- 13- 0003 subject to the final approval of the City Attorney and Director of Parks and Recreation. O. Set Date for Refunding Bond Sales - Resolution No. 20- 139 and 20- 140 Motion to adopt Resolution No. 20- 139 for the competitive negotiated sale of $ 1, 525, 000 General Obligation Road Reconstruction Refunding Bonds, Series 2020B. Motion to adopt Resolution No. 20- 140 for the competitive negotiated sale of $ 16, 205, 000 Taxable General Obligation Refunding Bonds, Series 2020C. Maple Grove City Council Minutes October 5, 2020 Page 5 P. Proclamation declaring October 2020 as Domestic Violence Awareness Month This item was removed by Mayor Steffenson for discussion. CLAIMS Q. Motion to approve the claims as listed: City Checks: $ 4, 227, 945. 65 Purchasing Card: $ 0 Electronic Payments: $ 10, 791. 53 Motion by Councilmember Jaeger, seconded by Councilmember Leith, to approve the Consent Items as amended, removing item 3P ( Proclamation declaring October 2020 as Domestic Violence Awareness Month). 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 Regarding Item 3P ( Proclamation declaring October 2020 as Pulled from Domestic Violence Awareness Month), Mayor Steffenson the Agenda commented on the recent domestic violence events that occurred in the community. He recognized Maria Pew and noted Maria lost her life at the hands of her husband in April. He explained Maria' s family was in attendance at the meeting to address the importance of domestic violence awareness. Police Chief Werner thanked the City Council for their ongoing support and recognition of October as Domestic Violence Awareness month. He explained this was a very serious and concerning issue. He reported domestic violence was a serious crime that impacts the safety and health of individuals. He stated Maple Grove tragically lost six individuals this year to domestic violence. He indicated Maria Pew tragically lost her life on April 30,h at the hands of her husband. He stated the City of Maple Grove is dedicating this years Domestic Violence Awareness month to Maria Pew and the work her parents are doing to honor Maria and all other victims of domestic violence through their initiative called Maria' s Voice. He explained Maple Grove Cite Council Minutes October S, 2020 Page 6 Maple Grove has previously recognized October as Domestic Violence Awareness month and has partnered with St. Joseph the Worker Catholic Church' s domestic violence action and awareness group to start the purple lights initiative. He reported on Wednesday, October 7th a candlelight vigil would be held at Town Green from 6: 00 p. m. to 7: 00 p. m. in partnership with Maria' s Voice, Maria' s parents, Cornerstone and the Maple Grove Police Department. He indicated the Maple Grove Police Department stands against domestic violence and works to show victims they have a voice and that the city is listening. He stated the police department offers support and resources to survivors. He thanked the Mayor and City Council for their ongoing support of Domestic Violence Awareness month. Lissa Weimelt, Maria Pew' s another, thanked the City Council for dedicating Domestic Violence Awareness month to her daughter, Maria Pew. She stated never in a million years did she think she would be standing before the City Council on behalf of her daughter noting she was a very private person who has had a very public death. She commented there was a call in this community to be exceptional and to end domestic violence. She encouraged the community to come together to do things that seem impossible. She thanked the City Council for all of their efforts on behalf of the community. Bill Pew, Maria Pew' s father, thanked the City Council for honoring Maria. He commended the Maple Grove Police Department for their tremendous dedication, commitment, compassion, and understanding. He stated he was very proud of what this group has done for him and his family. Councilmember Hanson explained the Maple Grove community was in pain as it grieves with the families who have lost loved ones due to domestic violence. She stated domestic violence was an immediate threat to all residents, the community and families within Maple Grove. She indicated the six homicides that occurred in Maple Grove were staggering, but so were the 22 other homicides that occurred throughout the State of Minnesota. She commented it was alarming that several times a day a family in Maple Grove was harmed by domestic violence. She stated she was grateful for the Domestic Violence Awareness and Action Group from St. Joseph the Worker' s Church for shining a light on domestic violence. She thanked the Maple Grove Police Department for partnering with local Maple Grove City Council Minutes October 5, 2020 Page 7 advocacy groups to help break the cycle of domestic violence. She believed awareness, education and access to resources were the necessary steps to prevention. She thanked Maria' s family for their tremendous courage, for telling her story and for providing a voice that reaches beyond the loss of her life. It was her hope that Maria' s story would reach other victims and families of domestic violence to seek help, to access resources to develop a safety plan, and to end domestic violence. Motion by Mayor Steffenson, seconded by Councilmember Hanson, to approve October 2020 as Domestic Violence Awareness Month in Maple Grove in honor of Maria' s Voice and other all victims of domestic violence, while calling attention to the annual Purple Lights Initiative that will raise awareness to the issue of domestic violence. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Special Business Open Forum Mayor Steffenson reported he received one public email from Jessica Schmit, 8090 Arrowwood Ln N, regarding engine braking on Hemlock near Barton Sand and Gravel Company. Oath of Office Police Chief Werner stated it was a pleasure for him to for Police introduce newly hired Police Officers Thomas Chaffin, Connor Officer Eichmann and Zachary Hanson to the City Council. Mayor Steffenson welcomed the officers to the Maple Grove Police Department and administered the Oath of Office to Officer Chaffin, Officer Eichmann and Officer Hanson. Badges were pinned on and a round of applause was offered by all in attendance. Retirement of Fire Chief Bush recognized Firefighter Tim Kidd for his 24+ Firefighter years of dedicated service to the Maple Grove Fire Department. He discussed the ways in which Firefighter Kidd has served the Tim Kidd community from Fire Station No. 4 since 1996. Retirement of Fire Chief Bush recognized Firefighter Bruce Trafas for his 25 Firefighter years of dedicated service to the Maple Grove Fire Department. Bruce Trafas He reported Firefighter Trafas has long served his community from Fire Station No. 4. Maple Grove City Council Minutes October S, 2020 Page 8 Retirement of Fire Chief Bush recognized Fire Captain Dean Noren for his 25 Fire Captain years of dedicated service to the Maple Grove Fire Department. Dean Noren He stated Fire Captain Noren joined the Fire Department in 1995 and has served the city from Fire Station No. 4. Retirement of Fire Chief Bush recognized Firefighter Scott Sable for his 25 Firefighter years of dedicated service to the Maple Grove Fire Department. Scott Sable He reported Firefighter Sable joined the fire department in 1995 and served as an officer from 2005 to 2009 as a Lieutenant and Captain at Fire Station No. 4. Retirement of Fire Chief Bush recognized Fire Captain Paul Hanson for his 26+ years of dedicated service to the Maple Grove Fire Fire Captain Paul Hanson Department. He explained Fire Captain Hanson joined the fire department in 1994. He described the numerous ways Fire Captain Hanson has served the community. Mayor Steffenson thanked each of the firefighters for their tremendous service to the community. He stated he appreciated the sacrifices these families have made in order to allow these firefighters to serve the City of Maple Grove. Councilmember Jaeger thanked each of these firefighters for their time and service to the City of Maple Grove. She wished them all a long and healthy retirement. Councilmember Leith thanked each of the firefighters for their service and noted they would be dearly missed. Councilmember Hanson thanked the firefighters for their service to the city and wished them all the best in their retirement. Councilmember Barnett thanked the firefighters for their service and stated it has been a pleasure getting to know these gentlemen over the years. She stated she appreciated all of the sacrifices these families have made over the years to allow these firefighters to serve the City of Maple Grove. Update on Fire Chief/Emergency Management Director Bush provided the COVID- 19 Council with an update on the City' s response to COVID- 19. He commented on the CASPER survey the Minnesota Response Department of Health was supposed to complete in September and noted the survey wasn' t completed due to problems that Maple Grove City Council Minutes October S, 2020 Page 9 occurred with survey teams. He reported Hennepin County has shared local information noting Maple Grove has had 975 confirmed COVID cases and 27 deaths. He commented further on how the number of cases within Hennepin County were on the rise, but the vast majority of cases were mild. He discussed the waves and peaks that have occurred over the past six months during the COVID pandemic. He explained those aged 80 to 89 were at the highest risk for dying from COVID. He explained the positive test rate is just under 5% in the State of Minnesota and the fatality rate was less than 2%. Councilmember Barnett questioned how many of the Maple Grove deaths were from congregate care facilities. Fire Chief/Emergency Management Director Bush stated he was unsure of the number but anticipated a very high percentage were from congregate care and assisted living facilities. 7. 30 p. m. City Administrator Nelson reported Riviera Maya Cantina and Restaurant has requested an On Sale Intoxicating Public Liquor/ Sunday Sale license. She explained a public hearing Hearing notice was published in the Osseo/ Maple Grove press. She indicated the applicant has completed all of the necessary On Sale paperwork, background check and has submitted all fees. She Intoxicating recommended the Council hear from the applicant and approve Liquor/ the request. Sunday Sale Heidi Ortiz, owner of Riviera Maya Cantina & Restaurant, License for introduced herself to the Council. Ortiz 5 LLC dba Riviera Mayor Steffenson discussed the importance of properly serving Maya Cantina alcohol within the City of Maple Grove. He commented the city Restaurant will conduct compliance checks several times throughout the year. He explained the city offered alcohol training courses for liquor license holders and their employees. He encouraged Ms. Ortiz and her staff members to attend the city sponsored courses. Councilmember Hanson asked if Ms. Ortiz had other restaurants in the area. Ms. Ortiz noted this would be her fourth restaurant. She explained she owned Guadalajara in Rogers, Los Ortizes in Becker and Las Ranitas in Thief River Falls. She indicated Riviera Maya Cantina & Restaurant would be a Mexican restaurant as well. Councilmember Hanson questioned when Riviera Maya would Maple Grove City Council Minutes October 5, 2020 Page 10 be open for business. Ms. Ortiz reported she would be opening in the next few weeks in the old Fiesta Cancun space. Motion by Councilmember Jaeger, seconded by Councilmember Barnett, to open the public hearing. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Mayor Steffenson opened the public hearing at 8: 14 p. m. and asked if anyone would like to address this issue. No public testimony was offered. Motion by Councilmember Jaeger, seconded by Councilmember Barnett, to close the public hearing at 8: 15 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 Jaeger, to approve the Intoxicating Liquor/ Sunday Sale License for Ortiz 5 LLC dba Riviera Maya Cantina & Restaurant, 7904 Main Street, 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, 2021. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Community Development Items Variance Associate Planner Corrow explained the applicant is requesting 14969 91St a variance to the shoreland setback for the purpose of Avenue North constructing a family room addition and small deck on the east side of the house. The property is located on the north shore of Rice Lake with access to 91 st Avenue North. The house was Resolution No. constructed on a relatively shallow lot, and at its closest point, is 20- 145 64.4 feet from the Ordinary High Water level of Rice Lake. The location of the house does not meet the 75- foot lakeshore setback requirement and there is not an existing variance on record for this property. Therefore, the location of the house is considered a legal nonconformity and any addition to the house within the lakeshore setback would require variance approval. Maple Grove City Council Minutes October 5, 2020 Page 11 Staff reviewed the variance language in City Code with the Council and described the proposed addition in further detail. It was noted the addition would not create any sight line concerns with the surrounding neighbors. Staff reported the Planning Commission reviewed this item at their September 281h meeting and recommended approval. Councilmember Jaeger stated typically the city does not approve variances unless there is a hardship. Associate Planner Corrow explained the location of the home, built the way it was on the lot created the hardship. Councilmember Jaeger commented on another variance request that was considered and approved by the Council on Rice Lake. She noted she supported the requested variance. Councilmember Hanson questioned if this request meets all requirements within Minnesota State Statute 462. 357. Associate Planner Corrow reported this was the case. Councilmember Leith thanked staff for the thorough staff report. He explained by approving this variance the property would be brought into compliance with City Code. He stated he would be supporting the variance request. Amber Shimpa, the applicant, thanked the City Council for considering her variance. Motion by Councilmember Leith, seconded by Councilmember Jaeger, to approve adopting Resolution No. 20- 145 approving the variance 14969 91st Avenue North, subject to: 1. The applicant addressing to the satisfaction of the City any remaining applicable comments contained in the memorandums from: a. The Director of Building Inspection Services dated August 24, 2020 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 Maple Grove City Council Minutes October S, 2020 Page 12 the third Thursday of each month. Upon call of the motion by Mayor 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 will meet next on Monday, and Economic October 26th where the group will be reviewing a new Development neighborhood plan named Avery Park along with plans for Items Advanced Collision. Maple Grove welcomed several new retailers at the Shoppes at Arbor Lakes, a new fitness center on Hemlock Lane and a salon on Main Street. Residents were encouraged to visit the Maple Grove Arboretum and to participate in the Fall Tree Festival being hosted by the Arbor Committee. Report on Director of Public Works/ City Engineer Ashfeld updated the Council regarding the following: Upcoming Engineering The city-wide cleanup day event went well. Items The 2020 Street Reconstruction project would be wrapping up in the next two to three weeks. Heidi Nelson, Ms. Nelson explained that the Council has her Monday report if there are any questions. She discussed the absentee voting City Administrator process that is being followed by the city. She reported mail in ballots could be dropped off at City Hall. She explained the city would have extended absentee voting hours on Saturday, October 315t from 10: 00 a. m. to 3: 00 p. m. She encouraged the public to consider attending the candlelight vigil that would be held on Wednesday, October 7th at Town Green from 6: 00 p. m. to 7: 00 p.m. for Domestic Violence Awareness. She explained a candidate forum would be held on Wednesday, October 7th at 7: 00 p. m. This event would be live streamed and would be made available for playback on the city' s website. Items Added Councilmember Jaeger encouraged the public to participate in to the Agenda the annual Coats for Kids coat drive now through October loth She noted coats could be dropped off at Pilgrims Dry Cleaner Maple Grove City Council Minutes October S, 2020 Page 13 and Davanni' s Pizza. Councilmember Jaeger invited residents to visit the last outdoor farmer' s market on Thursday, October 22" d Councilmember Jaeger explained Age Friendly Maple Grove would be meeting virtually on Friday, October 9th. She stated she was very proud of the great work being done by this group. Councilmember Jaeger commented the Community Center for Seniors has a lot of exciting things happening. She encouraged seniors to look into car bingo. Councilmember Jaeger reported the Historical Society would be meeting next on Thursday, October 15t1i She noted indoor space was limited and reservations were required. Councilmember Barnett stated on Tuesday, October 6th from 2: 00 p. m. to 6: 00 p. m. the Fire Department and Police Department would be collecting donations for CROSS at Fire Station No. 2. She explained the collections would be taken contactless for safety purposes. Adjournment Motion by Councilmember Jaeger, by seconded Councilmember to adjourn to the regular City Hanson, Council meeting on October 19, 2020 at 7: 30 p. m. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. The meeting was adjourned at 8: 32 p. m. by Mayor Steffenson. Respectfully submitted, t1 Q Heidi Nelson City Administrator