City Council

Maple Grove City Council Meeting Meeting Minutes December 21, 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 December 21, 2020 at the Maple Grove Government Center/Public Safety Facility, Hennepin County, Minnesota and online via WebEx. Members present were Mayor Mark Steffenson and Councilmembers Judy Hanson, Karen Jaeger, Phil Leith, and Kristy Barnett. Absent was none. Present also were Heidi Nelson, City Administrator; Joe Hogeboom, Community and Economic Development Director; Peter Vickerman, Planning Manager; Jesse Corrow, Associate Planner; Ken Ashfeld, Public Works Director/ City Engineer; Greg Sticha, Finance Director; and Justin Templin, City Attorney. Mayor Steffenson called the meeting to order at 7: 30 p. m. and led the City in the Pledge of Allegiance. Additions or Mayor Steffenson asked if there were any additions and/ or Deletions to deletions to the Consent Agenda to which Heidi Nelson stated the Agenda the following: Item Amended to the Agenda None Item Amended to the Consent Agenda Item Added to the Agenda None Item Removed from the Consent Agenda for Discussion 3I. Approval of Consulting Agreement with Herreid & Associates Consulting, Inc. Consent Items The following Consent Items were presented for Council' s Maple Grove City Council Minutes December 21, 2020 Page 2 approval: 10411011111 x. A. Work Session — December 7, 2020 B. Regular Meeting — December 7, 2020 PERSONNEL ITEMS C. Personnel Policv Manual Ubdates Motion to update the Personnel Policy Manual as follows, with an effective date of December 22, 2020 Amend Article 3 — Definitions Amend Article 21 — FMLA Policy Amend Article 23 — Pregnancy and Parenting Leave D. Fire Prevention Specialist/ Fire Inspector Appointment Motion to approve the hiring of Jeremy Berger to the position of Fire Prevention Specialist/Fire Inspector at an annual salary of 70,439.20 ( level 8D in the 2020 pay schedule) effective on January 4, 2021, subject to a 12- month probationary period. All required screenings and background checks have been successfully completed. E. Building Official Trainee Appointment Motion to approve the hiring of Robert Griffin to the position of Building Official Trainee at an annual salary of $ 40, 081. 60 effective on December 28, 2020, subject to a 24- month probationary period. All required screenings and background checks have been successfully completed. F. Recruitment Approval for Police Officer Motion to authorize staff to begin the recruitment process for a position of Police Officer and to fill subsequent vacancies, as part of a new Traffic Unit in the Police Department. G. Authorization to Recruit for Police Captain Motion to authorize staff to begin the internal recruitment Maple Grove City Council Minutes December 21, 2020 Page 3 process for Police Captain in the Police department due to the retirement of Keith Terlinden, Police Captain which was accepted with an effective date of July 31, 2020. H. Recruitment Approval for Human Resources Specialist — Recruitment and Retention Motion to authorize staff to begin the recruitment process for a Human Resources Specialist - Recruitment & Retention position in the Human Resources Department due to the resignation of Eli Cortes, effective December 25, 2020. L Approval of Consulting Agreement with Herreid & Associates Consulting, Inc. This item was removed by Councilmember Leith for discussion. COMMUNITY & ECONOMIC DEVELOPMENT ITEMS J. Apex Facilities Solutions Maple Grove Middle School Ballfield Lighting- Cross Arms and Controls Motion to execute an amendment to the guaranteed energy savings agreement with Apex Facilities Solutions regarding the ballfield lighting at Maple Grove Middle School subject to the review and approval of the City Attorney. K. Avery Park Comprehensive Plan Amendment PUD Concept Stage Plan - Resolution No. 20- 170 Motion to adopt Resolution No. 20- 170 approving the Avery Park comprehensive plan amendment for the eastern portion of the site and PUD concept stage plan. L. Bottineau Ridge Phase III PUD Residential Development Stage Plan and Final Plat - Resolution No. 20- 171 Motion to adopt Resolution No. 20- 171 approving the Bottineau Ridge Phase III PUD development stage plan, final plat and the planned unit development agreement subject to the final review and approval of the City Attorney and the Director of Community & Economic Development. M. Preliminary Development Agreement with Arrow Maple Grove City Council Minutes December 21, 2020 Page 4 Companies Motion to approve a preliminary development agreement with Arrow Companies for the development of an office building on city -owned property on Upland Lane. N. The Ridv-e at Elm Creek 2nd Addition Final Plat Motion to direct the City Attorney to draft a resolution approving The Ridge at Elm Creek 2nd Addition final plat subject to: 1. The house on the new lot will be required to hook up to city sewer and water when these services become available. 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. O. MHV Multi- Familv Planned Unit Development, Development Stage Plan and Final Plat - Resolution No. 20- 169 Motion to adopt Resolution No. 20- 169 approving the MHV Multi -Family PUD development stage plan, final plat and planned unit development agreement subject to the final review and approval of the City Attorney and the Director of Community & Economic Development. ENGINEERING ITEMS P. Government Center Restroom Counter and Sink Replacement Project No. 20- 12 Change Order No. 1 Motion to approve Government Center Restroom Counter and Sink Replacement Project No. 20- 12 Change Order No. 1 in the amount of $3, 962. 75. Q. Special Assessment Deferinent on MXD Properties - Resolution Nos. 20- 172 and 20- 173 Maple Grove City Council Minutes December 21, 2020 Page 5 Motion to adopt Resolution No. 20- 172 establishing the deferment of special assessments ( principal payments) for certain Mixed Use guided properties for tax year 2021 Motion to adopt Resolution No. 20- 173 establishing the deferment of special principal assessments ( and interest payments) for certain Mixed Use guided properties for tax year 2021. R. Wetland Bank Acquisition Motion to approve the Purchase Agreement between the city and Schutte, LLC for lands to be incorporated into the wetland bank and the Special Assessment Agreement addressing assessments to the property retained by Schutte, LLC. S. Sureties Motion to approve the surety actions as identified on the Council Action Form. ADMINISTRATIVE ITEMS T. Buildin4 Inspection Technolo, 2v Certificate Program North Hennepin Communitv College Motion to approve a Certificate Plan in Building Inspection Technology ( BIT) for Austin Rademacher, Combination Pen -nit Tech/ Scheduler. U. City Office Hours for Christmas Holidav Motion to close Maple Grove City offices at noon on Thursday, December 24, 2020, for non -union employees. V. Acting Citv Administrator Motion to approve Public Works Director/ City Engineer Ken Ashfeld as Acting City Administrator effective Friday, December 25, through Thursday, December 31, 2020. W. Renewal of Tobacco Licenses Motion to approve the renewal of tobacco licenses to the Maple Grove City Council Minutes December 21, 2020 Page 6 businesses listed on council action form for the period January 1, 2021 through December 31, 2021, subject to compliance with all licensing requirements as outlined in Article XVI —Maple Grove City Code. X. Tuition Reimbursement Approval for Fire Department Emplovee Motion to approve completion of a Bachelor of Science Degree plan in Emergency Services for Eric Lind, Fire Inspector utilizing distance education through Radford University, Radford, VA. Y. MY RIDE Service Area and Ride Scheduling Policies Motion to authorize city staff to implement changes to the MY RIDE service area and ride scheduling policies effective January 2, 2021. Z. Contracts for Architect Services and Construction Manager Services — North Metro Range Expansion Motion to approve the two professional services contract agreements with architect LEO A DALY for design and engineering services and RJM Construction for construction manager services and to direct the Mayor and City Administrator to execute the agreements, subject to final review by the City Attorney. AA. Adopt 2021 General Fund Budget and Tax Levy — Resolution No. 20- 168 Motion to adopt Resolution No. 20- 168 adopting for 2021 the general fund budget, the road reconstruction fund budget, the general obligation capital improvement plan budget, and setting a tax levy for 2021. CLAIMS BB. Motion to approve the claims as listed: City Checks: $ 1, 332, 888. 31 Purchasing Card: $ 0 Maple Grove City Council Minutes December 21, 2020 Page 7 Electronic Payments: $ 313, 026. 66 Motion by Councilmember Leith, seconded by Councilmember Hanson, to approve the Consent Items as amended, removing item 3I ( Approval of Consulting Agreement with Herreid & Associates Consulting, Inc.). 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 3I ( Approval of Consulting Agreement with Pulled from Herreid & Associates Consulting, Inc.), Councilmember Leith the Agenda asked how the city found this consulting company. City Administrator Nelson reported staff received a recommendation from employment legal counsel Scott Lepak who has worked with this organization. In addition, she noted she spoke with other cities and counties who have also used this firm. Councilmember Leith questioned what personnel members would be interviewed. City Administrator Nelson explained each sworn officer of the Police Department, the Mayor and City Councilmembers, and all records staff members will be interviewed. Councilmember Leith inquired how the confidentiality of the information gathered will be handled by the consulting finn. City Administrator Nelson reported the consultant would meet one on one with the employees and the data reported out would remain in an aggregate form with themes. Councilmember Jaeger asked if the interviews would be mandatory. Mayor Steffenson anticipated that if sworn officers or staff members did not want to complete an interview this would be their choice. City Administrator Nelson reported this was the case. Councilmember Barnett questioned if former employees could be invited to participate in this process. City Administrator Nelson explained staff did not plan to include those members Maple Grove City Council Minutes December 21, 2020 Page 8 from the Police Department who have parted from the city. Councilmember Hanson inquired if the notes from the interviews would remain confidential. City Administrator Nelson deferred this question to the City Attorney. City Attorney Templin advised any consultant hired by the City of Maple Grove would have to adhere to the Data Practices Act. He commented any confidential information that was gathered would remain confidential. Councilmember Jaeger questioned when this study would begin and asked how long would it take to complete. City Administrator Nelson stated work on the study would begin after the first of the year and should take six weeks to complete. She anticipated the Council would review the findings from the study around the end of the first quarter in 2021. Councilmember Leith recommended the consultants make the sworn officers and staff members aware of the fact the information shared in the interviews would remain confidential. City Administrator Nelson reported she had sent communication to the Police Department staff outlining the process that would be followed and she would ensure this information was passed along. Motion by Mayor Steffenson, seconded by Councilmember Jaeger, to authorize the City Administrator to sign a Consulting Agreement with Herreid & Associates Consulting, Inc. to provide organizational assessment and development services. The contract includes language stating that the total payment for services cannot exceed 28, 000. 00. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Special Business Open Forum Mayor Steffenson explained he received a public comment via email from Doreen Ritchey at 17512 69th Place North asking why property taxes on the north side of Maple Grove seem to be decreasing while the south side was going up. Ms. Ritchey questioned if this was due to the new Hy-Vee and additional housing developments. He explained this development and the increased value of homes in this area was leading to the increase Maple Grove City Council Minutes December 21, 2020 Page 9 in property values. He encouraged Ms. Ritchey to attend the Board of Equalization meeting in April if she would like her property value further considered. City Administrator Nelson reported she passed this email along to City Assessor Tim Mitchell in order to have him further investigate this matter. City Administrator Nelson stated Lunds & Byerlys Wines and 7: 30 p. m. Public Spirits has requested an Off Sale Intoxicating Liquor License. She reported a public hearing notice was published in the Osseo Hearing Maple Grove Press on December 10, 2020. She explained this Off Sale was being done due to a corporate name change with Lunds & Byerlys. If approved, this change would go into effect on Intoxicating January 4, 2021. Liquor License for Motion by Councilmember Leith, seconded by Lund Councilmember Hanson, to open the public hearing. Upon Beverages, call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. LLC dba Lund & Mayor Steffenson opened the public hearing at 7: 43 p. m. and Byerlys Wines asked if anyone would like to address this issue. Spirits No public testimony was offered. Motion by Councilmember Jaeger, seconded by Councilmember Leith, to close the public hearing at 7: 44 p. m. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Councilmember Barnett questioned if Lunds & Byerlys has had an enforcement check since their last failure. City Administrator Nelson stated she would have to investigate this further. Motion by Mayor Steffenson, seconded by Councilmember Leith, to approve the Off Sale Intoxicating Liquor License for Lund Beverages, LLC dba Lunds & Byerlys Wines & Spirits, 12880 Elm Creek Blvd, 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. Maple Grove City Council Minutes December 21, 2020 Page 10 Community Development Items Associate Planner Corrow explained the applicant seeks a Hy-Vee Fast and Fresh concept stage plan amendment, development stage plan and PUD Non- final plat approval for the purpose of constructing a convenience store with a fueling station on approximately 1. 55 acres that is Residential located in the southeast corner of The Village at Arbor Lakes at Concept Stage the intersection of Elm Creek Boulevard and Village Drive. A Plan convenience store with gas at this location will require an Amendment, amendment to the current concept plan that includes a quick Development service restaurant and separate coffee shop, both with drive Stage Plan throughs. It should be noted that an earlier concept plan included a pharmacy/convenience use at this location, the and Final Plat current proposal is somewhat similar in that it will offer convenience items to the nearby area. Staff commented further on the request and reported the Planning Commission recommended approval with conditions. Councilmember Jaeger asked if there were any restrictions on the property against gas stations. Associate Planner Corrow reported he was not aware of any restrictions on the property. He commented there was talk about a big box retailer not being the right fit for the property. Councilmember Jaeger recalled one Councilmember being against a gas station being located on this property. She asked if any of the other Councilmeimbers remember this. Mayor Steffenson stated he did not recall this being a concern. Councilmember Leith explained he had Cityasked Administrator Nelson the same question as Councilmember Jaeger. He recalled one Councilmember being against a gas station being located at this corner. He indicated there was not a code forbidding this, but rather, the Council was not excited about having a gas station at this corner. Councilmember Leith asked if the developer agreed to put more windows on two sides of the buildings. Associate Planner Corrow reported the developer would be adding windows to the rear and south elevations. Maple Grove City Council Minutes December 21, 2020 Page 11 Councilmember Hanson questioned if the design and architectural feel of the building could be further addressed by staff and the developer. Associate Planner Corrow explained beyond what they were proposing nothing more was requested of the developer. He believed the gas station elevations looked acceptable. Phil Hoey, Hy-Vee representative, thanked the Council for their time. He indicated the proposed use was a service that was in need in this area of Maple Grove. He anticipated the neighboring uses would benefit from the Fast and Fresh offerings. He commented further on the enhanced architecture that would be placed on the building. Councilmember Leith agreed this was a good location with the hotels and apartments. Motion by Councilmember by Leith, seconded Councilmember Barnett, to approve directing the City Attorney to draft a planned unit development agreement and a Resolution approving agreement approving the Hy- Vee Fast and Fresh PUD non- residential concept stage plan amendment, development stage plan and final plat, subject to: 1. The applicant addressing to the satisfaction of the City any remaining applicable comments contained in the memorandums from: a. The Community & Economic Development Department dated November 24, 2020 b. The Engineering Department dated November 17, 2020 c. The Fire Department dated November 16, 2020 d. The Arbor Committee, dated December 10, 2020 e. The Parks & Recreation Department, dated December 10, 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 the third Thursday of each month. Maple Grove City Council Minutes December 21, 2020 Page 12 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 . Chair Larry Colson would be stepping down from the and Economic Planning Commission at the end of the year. Development Items • The Planning Commission would meet next on Monday, January 11, 2021 where the Commission would be addressing two planning matters. Report on Director of Public Works/ City Engineer Ashfeld updated the Council regarding the following: Upcoming Engineering • The Maple Grove Public Works Department recently Items assisted City of Osseo with coverage due to COVID. The $ 900 Billion second stimulus package will include $ 10 Billion for state highways. 2021 City Administrator Nelson requested the Council approve the Legislative 2021 legislative agenda along with authorizing a legislative services agreement with Lockridge Grindal Nauen. She Agenda and commented further on the proposed legislative agenda and the Authorization priority items that would be addressed during the next to Enter into legislative session. Legislative Services Motion by Mayor Steffenson, seconded by Councilmember Agreement for Leith, to approve adopting the 2021 legislative agenda as presented. Upon call of the motion by Mayor Steffenson, the 2021 there were five ayes and no nays. Motion carried. Legislative Session Motion by Councilmember Leith, seconded by Councilmember Jaeger, to approve authorizing the Mayor to execute a legislative services agreement in the amount of 36, 000, with Lockridge Grindal Nauen P. L.L.P. for 2021. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Heidi Nelson, Ms. Nelson explained that the Council has her Monday report if there are any questions. She reported vaccinations for Maple City Administrator Grove Police and Fire personnel would start on December 28, 2020. Maple Grove City Council Minutes December 21, 2020 Page 13 Adjourn to Mayor Steffenson adjourned the City Council meeting to the EDA Meeting EDA Meeting at 8: 06 p. m. Reconvene to Mayor Steffenson reconvened the regular City Council meeting Regular at 8: 07 p. m. Meeting Items Added Councilmember Jaeger encouraged residents to take in the to the Agenda sights at Arbor Lakes and to get outside and try skating at Central Park. Councilmember Jaeger reported Shop with a Cop was very successful again this year. She thanked the officers who assisted with this event. Councilmember Jaeger encouraged residents to check their smoke detectors to ensure they were working. Councilmember Jaeger commented the fanners market was now closed and would reopen in March of 2021. Councilmember Jaeger stated she was saddened by all the restaurants and stores that were now closed in Maple Grove. She encouraged all residents to abide by the governor' s directives in order to assist in bringing the pandemic to an end. Councilmember Jaeger wished everyone a Happy Holidays. Adjournment Motion by Councilmember Jaeger, seconded by Councilmember Leith, to adjourn to the regular City Council meeting on January 4, 2021 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: 11 p.m. by Mayor Steffenson. Respectfully submitted, I r t Heidi Nelson, City Administrator