City Council

Maple Grove City Council Meeting Meeting Minutes July 19, 2021 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 July 19, 2021 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; Brett Angell, Economic Development Manager; Ken Ashfeld, Public Works Director/City Engineer; Jupe Hale, Assistant City Engineer; Fire Chief Tim Bush; and Justin Templin, City Attorney. Mayor Steffenson called the meeting to order at 7:30 p.m. and led the City in the Pledge of Allegiance. Additions or Mayor Steffenson asked if there were any additions and/or Deletions to deletions to the Consent Agenda to which Heidi Nelson stated the following: the Agenda Item Amended to the Agenda None Item Amended to the Consent Agenda None Item Added to the Agenda None Item Removed from the Consent Agenda for Discussion 3Y. Mills Fleet Farm Donation to P.U.P.S. Consent Items The following Consent Items were presented for Council's approval: Maple Grove City Council Minutes July 19, 202 l Page 2 MINUTES A. Regular Meeting- June 21, 2021 B. Closed Session June 21, 2021 PERSONNEL ITEMS C. Police Officer Appointment Motion to approve the hiring of Jackson Carlson to the position of Police Officer at the 2021 Contract Wage Schedule starting salary step of $62,04848 annually, effective July 20, 2021, subject to a 12-month probationary period. All required screenings and background checks have been successfully completed. D. Assessing Technician Appointment Motion to approve the hiring of Sara McCartney to the position of Assessing Technician in the Assessing Department, at an annual salary of $53,179.36 annually, effective August 2, 2021, subject to a 12-month probationary period. All required screenings and background checks have been successfully completed. E. Light Equipment Operator Appointment Motion to approve the appointment of Aaron Dolby to the position of Light Equipment Operator at an annual salary of $67,577.12 (4YR), effective July 20, 2021, subject to a six- month probationary period. All required screenings and background checks have been successfully completed. F. Recruitment Approval for a Light Equipment Operator Motion to authorize staff to begin the recruitment process for the vacant Light Equipment Operator position in the streets division in the Public Works department due to the resignation of Dustin Rose which was accepted with an effective date of July 2, 2021. G. Recruitment Approval for a Water & Sewer Maintenance I (WSl) Maple Grove City Council Minutes July 19, 2021 Page 3 Motion to authorize the recruitment for a Water & Sewer Maintenance I (WS 1) position in the Public Works Department, due to the resignation of Aaron Dolby which was accepted with an effective date of July 19, 2021. COMMUNITY & ECONOMIC DEVELOPMENT ITEMS H. 9661 Fembrook Lane North Sign Variance - Resolution No. 21-086 Motion to adopt Resolution No. 21-086 approvmg 9661 Fembrook Lane North Sign Variance. I. 10402 73rd Avenue North Non-Residential Development Stage Plan - Resolution No. 21-087 Motion to adopt Resolution No. 21-087 approving the 10402 73rd Avenue North development stage plan subject to: 1. Planned Unit Development agreement final review and approval of the City Attorney and the Director of Community & Economic Development. J. Edgewater on Cook Lake Administrative Lot Splits and Combinations Motion to approve the requested Administrative Parcel combination of parcels PID 3011922220001 and 3011922230001 as requested. K. Fair Housing Policy Motion to adopt a Fair Housing Policy. L. Maple Grove Medical Office Building Planned Unit Development Concept Stage Plan, Development Stage Plan, Rezoning Lynde and McLeod Second Addition Final Plat - Ordinance No. 21-10 and Resolution No. 21-089 Motion to adopt Ordinance No. 21-10 rezoning property from RA, Single-Family Agricultural to B-PUD, Business-Planned Unit Development. Maple Grove City Council Minutes July 19,2021 Page4 Motion to adopt Resolution No. 21-089 approving the Maple Grove Medical Office Building PUD concept stage plan, development stage plan and Lynde and McLeod Second Addition final plat, subject to: 1. Planned Unit Development agreement final review and approval of the City Attorney and the Director of Community & Economic Development. M. Palisades at Nottingham 3Addition Final Plat Motion to direct the City Attorney to draft a resolution approving the Palisades at Nottingham 3rd Addition final plat. N. Tricare Retail Planned Unit Development Non-Residential Development Stage Plan Tricare 5th Addition Final Plat - Resolution No. 21-088 Motion to adopt Resolution No. 21-088 approving Tricare Retail PUD development stage plan and Tricare 5th Addition final plat subject to: 1. Planned Unit Development agreement final review and approval of the City Attorney and the Director of Community & Economic Development. 0. ZOTA Tree Preservation Overlay District - Ordinance No. 21-09 Motion to adopt Ordinance No. 21-09 amending City Code Division 6 regarding Tree Preservation. Motion to adopt Summary Ordinance No. 21-09 to reduce publication costs. ENGINEERING ITEMS P. Change Order No. 1 Everest Lane Stream Bank Restoration Motion to approve Change Order No. 1 for the Everest Lane Stream Bank Restoration. Q. 101 st Avenue Bridge Replacement Prioritized Bridge Maple Grove City Council Minutes July 19, 2021 Page5 Replacement List - Resolution No. 21-101 Motion to adopt Resolution No. 21-101, that creates a prioritized bridge replacement list that includes the replacement of the existing 101st Avenue Bridge (MnDOT Bridge No. L8084) over Rush Creek. R. Sale of Outlot B Grove South Cambria Motion to approve purchase agreement for the sale of Outlot B, Grove South Cambria to Target Corporation together with an access easement over Outlot A, Minnesota Health Village pursuant to the terms of the purchase agreement and operating agreement. S. MnDOT Offer of Conveyance Motion to approve the acquisition of State of Minnesota, MnDOT property as described within the letter of conveyance offer dated October 27, 2020, Conveyance No. 2019-0069. T. Sureties Motion to approve the surety actions as identified on the Council Action Form. ADMINISTRATIVE ITEMS U. Agreement with Metropolitan Council For 2021 State Fair Shuttle Service Motion to authorize the Mayor and City Administrator to execute an Agreement between the City of Maple Grove and Metropolitan Council (Metro Transit) for 2021 State Fair Shuttle Bus Service. V. Agreement with Project Restorations for Maple Grove Transit Station Curb Connections Project Motion to authorize the Mayor and City Administrator to enter into an agreement with Project Restorations for the award of the base quote and alternate #1 for the Maple Grove Transit Station Curb Connections project for an amount not to exceed $52,090. Maple Grove City Council Minutes July I 9, 2021 Page6 W. Canine Training Equipment Motion to approve the purchase of canine agility training equipment from Vinyl Works at the cost of $22,420. X. Tuition Reimbursement Request Master of Human Services Concordia University Motion to approve tuition reimbursement for a Master of Human Services program, with a concentration in Trauma, Resilience, and Self-Care at Concordia University, St. Paul for police officer Kim Krueger. Y. Mills Fleet Farm Donation to P.U.P.S. This item was removed by Councilmember Jaeger for discussion. CLAIMS Z. Motion to approve the claims as listed: City Checks: $5,385,045.99 Purchasing Card: $35,568.62 Electronic Payments: $22,354.36 Motion by Councilmember Leith, seconded by Councilmember Hanson, to approve the Consent Items as amended, removing item 3Y (Mills Fleet Farm Donation to P.U.P.S.). 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 3Y (Mills Fleet Farm Donation to P.U.P.S.), Pulled from Councilmember Jaeger thanked Mills Fleet Farm for holding a the Agenda fundraiser and making a generous donation to the city's P.U.P.S. program. Motion by Councilmember Jaeger, seconded by Councilmember Hanson, to accept the $3,767.77 donation from the Brooklyn Park Mills Fleet Farm to PUPS Impound Maple Grove City Council Minutes July 19, 2021 Page 7 Facility. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Special Business Open Forum There were no open forum issues brought before the Council at this meeting. Three Rivers Three Rivers Park District Commissioner Jennifer DeJournett Park District provided the Council with an update from the Three Rivers Park District. She discussed the number of parks within the Three Presentation Rivers Park District and commented on how highly used the parks were in 2020. She reported the park district was working to find ways to have every person connecting with nature every day. She commented further on the park districts comprehensive system plan noting this document would help identify strategic priorities for the next 20 years. The three main goals within the plan were further discussed as being all people belong at Three Rivers parks, that parks matter and for the Three Rivers Park District to lead by example. She reviewed the park work that had been completed in Maple Grove by Three Rivers. Councilmember Barnett questioned how the drought was impacting Three River parks. Commissioner DeJournett stated there was an E. coli breakout sooner than expected this year. She reported the resource management team would be monitoring water quality throughout the summer. Three Rivers Park District Superintendent Boe Carlson explained the winter had a low snow season, the ice went out early and there has been little rain which has shut down several beaches due to early algae blooms. Retirement of Fire Chief Bush recognized Fire Captain Tom Kripotos and Fire Captain thanked him for his 35+ years of dedicated service to the Maple Grove Fire Department. Tom Kripotos Mayor Steffenson thanked Fire Captain Kripotos for his dedicated service to the community and for the sacrifices his family has had to make over the years. He wished Fire Captain Kripotos all the best in his retirement. 7:30 p.m. Economic Development Manager Angell requested the Council consider a one-year extension for Illume Holding Company's Maple Grove City Council Minutes July 19, 2021 Page8 Public Minnesota Investment Fund. He explained this one-year Hearing extension would not influence the payments as they were still scheduled to be paid back in five years. He noted Illume has Illume maintained 130 FTE's and would be adding 68 FTE's over time. He commented the company was just shy of meeting Holding these numbers due to the pandemic. He noted Illume was Company working to bounce back and explained the labor market was Minnesota very tight right now. Investment Fund Motion by Councilmember Jaeger, seconded by Councilmember Leith, to open the public hearing. Upon Extension call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Resolution No. 21-100 Mayor Steffenson opened the public hearing at 7:51 p.m. and asked if anyone would like to address this issue. No public testimony was offered. Motion by Councilmember Hanson, seconded by Councilmember Barnett, to close the public hearing at 7:52 p.m. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Motion by Councilmember Leith, seconded by Councilmember Hanson, to approve adopting Resolution No. 21-100 authorizing an amendment to the grant contract between the City of Maple Grove and Minnesota Department of Employment and Economic Development for the Illume MIF award. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. 7:30 p.m. Assistant City Engineer Hale requested the Council consider the Public Edgewater on Cook Lake project. He reported this development consists of single-family rental units west of Lord of Life Hearing Church. He explained the improvements include the extension of 73 Avenue by the Havenwood development, along with the Edgewater on extension of Walnut Grove Lane. He stated the improvements Cook Lake also include water, sanitary sewer and stormwater improvements. He noted the development would have Project No. sidewalks. The estimates project cost for the improvements was 18-23 $2.9 million or $50,000 per unit. Resolution No. Councilmember Jaeger requested further information regarding Maple Grove City Council Minutes July 19, 2021 Page9 21-091 the proposed sidewalks. Assistant City Engineer Hale reviewed the location of the sidewalks within the development. Motion by Councilmember Jaeger, seconded by Councilmember Leith, 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 7:56 p.m. and asked if anyone would like to address this issue. No public testimony was offered. Motion by Councilmember Hanson, seconded by Councilmember Leith, to close the public hearing at 7:57 p.m. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Motion by Councilmember Hanson, seconded by Councilmember Leith, to approve adopting Resolution No. 21-091 ordering Edgewater on Cook Lake Project No. 18-23, ordering plans and specifications, and receiving surety. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. 7:30 p.m. Assistant City Engineer Hale requested the Council consider Public public improvements for the Tricare 4° Addition. He reviewed the location of the project and noted the project would include Hearing collector streets, truck water, sanitary sewer and stormwater improvements. The total estimated cost for the project Tricare 4 improvements was $5.5 million. Addition Motion by Councilmember Hanson, seconded by Project No. Councilmember Barnett, to open the public hearing. Upon 21-11 call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Resolution No. 21-090 Mayor Steffenson opened the public hearing at 8:00 p.m. and asked if anyone would like to address this issue. No public testimony was offered. Motion by Councilmember Hanson, seconded by Councilmember Leith, to close the public hearing at 8:01 p.m. Upon call of the motion by Mayor Steffenson, there Maple Grove City Council Minutes July 19, 2021 Page 10 were five ayes and no nays. Motion carried. Motion by Councilmember Jaeger, seconded by Councilmember Hanson, to approve adopting Resolution No. 21-090 ordering Tricare 4th Addition, Project No. 21-11, ordering plans and specifications, approving plans and specifications, and authorizing advertisement for bids. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Liquor City Administrator Nelson reported the Maple Tavern failed a Violation recent alcohol compliance check. She explained the Maple Grove Police Department conducted compliance checks on June Hannu 14, 2021 and the Maple Tavern failed their check. She stated notice was sent to the license holder regarding the right to a Enterprises, hearing this evening. She requested the Council consider a Inc.dba penalty for the liquor violation. It was noted this was Maple Maple Tavern Tavern's second violation in a three-year period with the first violation.occurring in November of 2020. Brandt Erwin, Madigan, Dahl & Harlan, P.A., introduced himself to this Council. He explained he submitted a document to the City Council that had first hand statements from Maple Tavern employees. He discussed the violation that occurred on June 14, 2021 when Maple Tavern failed a compliance check. He reported Maple Tavern was not challenging the conduct that gave rise to the citation. He commented on the steps Maple Tavern has taken to ensure this does not occur again. Specifically, additional training has occurred with staff and security staff has increased. He discussed how Maple Tavern has suffered over the past year due to COVID-19 and requested the city not suspend Maple Tavern's liquor license for five consecutive days. He requested the City Council exercise it's discretion and only impose a monetary penalty against Maple Tavern so as not to further impact the employees. He then read a statement in full for the record from Samantha Feiner, the employee that failed the compliance check at the Maple Tavern. Brandon Besch, owner of the Maple Tavern, explained he did not take the citation lightly and stated the last year and a half has been very difficult on the hospitality industry as a whole. He indicated he has taken steps to ensure future liquor violations do not occur. He noted his establishment now has ID scanners in place and has the 2021 ID checking guides for all employees as Maple Grove City Council Minutes July 19, 2021 Page 11 a reference. He reported he would be conducting his own liquor training with the Minnesota Liquor and Beverage Association on top of the city's compliance trainings. He thanked the city for their time and consideration. Mandy Hannu, General Manager at Maple Tavern, apologized for the citation at Maple Tavern. She stated as a business when interviews are conducted, people may appear to have the best qualifications but no one is perfect and mistakes can happen. She reported she takes this citation very seriously and explained she has made her employees aware of the fact all patrons trying to purchase alcohol must have a valid ID. She discussed how a five-day suspension of the liquor license would be detrimental to her business. She indicated she has had enough struggles over the past year and a half due to COVID to last her a lifetime. She requested the Council take into consideration all of the steps that have been taken and how a five-day suspension would impact all of Maple Tavern's other employees. Cathy Cheatham, 208 7 Avenue in Osseo, explained she was the gambling manager for the Osseo/Maple Grove Hockey Association (OMGHA). She reported she has met with her board regarding this suspension and noted the Maple Tavern has been an excellent partner for the OMGHA. She stated the donations from the Maple Tavern were an integral part of helping OMGHA build and maintain a first-class hockey program that the entire community can be proud of, while keeping hockey affordable. She commented further on the donations that have been made within the community and discussed how the five-day suspension would impact her organization. Mike Soros, 751 124 Avenue NW in Coon Rapids, stated he was a part-time employee at Maple Tavern. He discussed how a five-day suspension would impact all employees. He understood a mistake was made and he was very aware of the severity. However, he encouraged the Council to consider how a five-day suspension would impact this business and its employees. Mayor Steffenson asked what the preference of the Council was. Councilmember Leith discussed the city's current ordinance and reported the Council could institute a suspension for more than Maple Grove City Council Minutes July 19, 2021 Page 12 five days but not less than five days. City Attorney Templin reported this was the case noting the minimum violation was five days. Councilmember Hanson stated she read all of the emails that were attached to this liquor violation. She understood there would be negative consequences if the five-day suspension were approved. She stated the penalty was meant to be impactful because this was the second violation at the Maple Tavern in a year. She noted the other negative consequence was that a minor was served at this establishment. For this reason, she supported the consecutive five-day suspension and $2,000 fine. Councilmember Barnett commented she felt for all of the employees. She understood where they were coming from because her mother was a waitress, but understood this was not an isolated event, because the Maple Tavern was before the City Council in March of 2021. She discussed how the Maple Tavern was open beyond the governor's hours during COVID. She indicated she had lunch at the Maple Tavern today to see how the ID scanners worked and while she was ID'ed, a scanner was not used for her beverage sale. She expressed frustration with the fact this establishment was putting pressure on the City Council when the Maple Tavern did not follow the rules. 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/Sunday Sale Intoxicating Liquor License for Hannu Enterprises, Inc. dba Maple Tavern, 9375 Deerwood Lane N, 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 $2,000 per violation for consideration at the next Council meeting. Mayor Steffenson stated he would be supporting the motion on the table. He reported this type of activity cannot occur in Maple Grove and if it does, there will be consequences. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Liquor City Administrator Nelson reported Ichiddo Ramen failed a recent alcohol compliance check. She explained the Maple Maple Grove City Council Minutes July 19, 2021 Page 13 Violation Grove Police Department conducted compliance checks on June 14, 2021 and lchiddo Ramen failed their check. She stated Ichiddo notice was sent to the license holder regarding the right to a Ramen Maple hearing this evening. She requested the Council consider a penalty for the liquor violation. It was noted this was their first Grove Inc. violation. dba Ichiddo Ramen Mayor Steffenson noted for the record that Ichiddo Ramen had no representatives at the meeting. Motion by Councilmember Jaeger, seconded by Councilmember Barnett, 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 & 3.2% Malt Liquor License for Ichiddo Ramen, 11716 Elm Creek Blvd, Maple Grove, Minnesota for two consecutive days for a first violation within any three-year period and/or impose a civil penalty of $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. Liquor City Administrator Nelson reported Grill Hall Brazilian Violation Steakhouse failed a recent alcohol compliance check. She explained the Maple Grove Police Department conducted Grill Hall compliance checks on June 14, 2021 and Grill Hall Brazilian Steakhouse failed their check. She stated notice was sent to the Churrascaria license holder regarding the right to a hearing this evening. She LLC dba Grill requested the Council consider a penalty for the liquor violation. Hall Brazilian It was noted this was their first violation. Steakhouse Eliane Strouth, General Manager of Grill Hall Brazilian Steakhouse, apologized to the Council for the violation. She explained the labor market was tight right now and understood this was no excuse. She reported she has encouraged all of her employees to follow the rules and card all patrons trying to purchase alcohol, but one employee failed to ask for an ID. She apologized again for the violation. Mayor Steffenson reported the city conducted alcohol compliance checks several times each year. He encouraged Ms. Strouth to have her employees properly educated and following the rules. Councilmember Jaeger encouraged Ms. Strouth to consider Maple Grove City Council Minutes July 19, 2021 Page 14 purchasing an ID scanner. Mayor Steffenson encouraged Ms. Strouth to speak with staff regarding an ID scanner. Councilmember Hanson encouraged Ms. Strouth to have her employees attend the city's sponsored alcohol compliance training. Councilmember Leith reported the next city sponsored training would be offered on Monday, August 16, 2021 at 9:30 a.m., 12:00 p.m. or 3 :00 p.m. at the Maple Grove Community Center. Motion by Mayor Steffenson, seconded by Councilmember Jaeger, 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 Grill Hall Brazilian Steakhouse, 9695 63rd Ave N, Maple Grove, Minnesota for two consecutive days for a first violation within any three-year period and/or impose a civil penalty of $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. Liquor City Administrator Nelson reported Bonchon Chicken failed a Violation recent alcohol compliance check. She explained the Maple Grove Police Department conducted compliance checks on June Bonchon MG 14, 2021 and Bonchon Chicken failed their check. She stated notice was sent to the license holder regarding the right to a Inc. Bonchon hearing this evening. She requested the Council consider a Chicken penalty for the liquor violation. It was noted this was their first violation since receiving their license in 2020. Mayor Steffenson questioned what Bonchon Chicken has done to ensure this type of violation does not occur again. Dennis Lin, Manager of Bonchon Chicken, stated he has attended the city sponsored training and he trains each employee. He explained on June 14 a new employee was working. This employee asked for an ID, but miscalculated the birthdate and made the sale. He indicated he would be providing more training to his staff to ensure this does not occur again. Councilmember Leith stated after the sale to a minor occurred Maple Grove City Council Minutes July 19, 2021 Page 15 the police asked to speak with a manager and there was no manager on site. Mr. Lin explained this was the case, as he was not onsite. Motion by Mayor Steffenson, 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 & 3.2% Malt Liquor License for Bonchon Chicken, 11708 Elm Creek Blvd, Maple Grove, Minnesota for two consecutive days for a first violation within any three-year period and/or impose a civil penalty of $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. Liquor City Administrator Nelson reported Princeton's Liquor failed a Violation recent alcohol compliance check. She explained the Maple Grove Police Department conducted compliance checks on June Princeton's 14, 2021 and Princeton's Liquor failed their check. She stated notice was sent to the license holder regarding the right to a Place Inc. dba hearing this evening. She requested the Council consider a Princeton's penalty for the liquor violation. It was noted this was Princeton Liquor Liquor's first violation in three years, having a previous violation in 2013. Bill Princeton, Manager of Princeton Liquor, stated he had no excuse noting the employee failed to ask for an ID and was fired on the spot. He explained his employees attend the city's alcohol training. He apologized to the City Council for this violation. Mayor Steffenson asked if Mr. Princeton had considered purchasing an ID scanner. Mr. Princeton reported he was looking into this. Councilmember Leith stated because this was an off-sale liquor license the Council did not have to suspend the liquor license, but could impose the fine. Councilmember Jaeger supported this recommendation. Motion by Councilmember Jaeger, seconded by Councilmember Hanson, to approve directing the City Attorney to prepare appropriate findings of fact for the Off- Maple Grove City Council Minutes July 19, 2021 Page 16 Sale Intoxicating Liquor License for Princeton's Liquor, 12790 Bass Lake Rd, Maple Grove, Minnesota to impose a civil penalty of $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. Liquor City Administrator Nelson reported Portillo's failed a recent Violation alcohol compliance check. She explained the Maple Grove Police Department conducted compliance checks on June 14, Portillo's Hot 2021 and Portillo' s failed their check. She stated notice was sent Dogs LLC dba to the license holder regarding the right to a hearing this Portillo's evening. She requested the Council consider a penalty for the liquor violation. It was noted this was Portillo's first violation. Rich Dahl, Madigan, Dahl & Harlan P.A., stated he was not here to contest the facts of the violation. Rather, he discussed the circumstances of the violation and commented on how seriously Portillo's takes these matters. He explained Portillo's understands having a liquor license was a privilege and not a right. He apologized for the mistake that was made and noted this was a family-oriented business. He reported only 1 % of the sales at Portillo's were for alcohol sales. With that being said, this establishment still takes its compliance checks very seriously. He discussed the internal alcohol compliance training that was offered to Portillo's employees and noted employees also take part in the City's training. He commented further on the incident that occurred noting a 19-year-old female made a mistake. He reported only employees over the age of 21 should be serving alcohol. He noted all cash registers have language on the screens that remind employees to ask for ID's. He apologized again for the occurrence and noted Portillo's wants to be a good corporate citizen. He requested the Council to take into consideration this was an isolated event and asked that the suspension occur on a Monday and Tuesday if possible. Mayor Steffenson reported Portillo's does serve its alcohol separately. He encouraged Portillo's to invest in an ID scanner to ensure a valid ID was presented prior to any alcohol sales. Motion by Councilmember Leith, seconded by Councilmember Hanson, to approve directing the City Attorney to prepare appropriate findings of fact and conclusion in support of the decision to suspend the On-Sale Maple Grove City Council Minutes July 19, 2021 Page 17 Wine & 3.2% Malt Liquor License for Portillo's Hot Dogs, LLC dba Portillo's, 12251 Elm Creek Blvd, Maple Grove, Minnesota for two consecutive days for a first violation within any three-year period and/or impose a civil penalty of $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. Community Development Items Report on Community and Economic Development Director Hogeboom Upcoming updated the Council regarding the following: Community • The Planning Commission would meet next on Monday, and Economic July 26, 2021 where the group would be discussing Crocus Development Grove, Cub Wine & Spirits, an Xcel Energy substation, Items REO Plastics, Northwood Church and Northwood Townhomes. • AbleConn moved from New Hope to the City of Maple Grove recently and will be celebrating a grand opening on July 29, 2021 at 10:00 a.m. at the Arbor Lakes Corporate Center. • The New Creations Daycare Center will be having a ribbon cutting ceremony on Tuesday, July 20, 2021 at 4:00 p.m. Report on Director of Public Works/City Engineer Ashfeld updated the Council regarding the following: Upcoming Engineering • An update on 1-94 was provided to the Council. Items • The city was looking into an emergency water supply plan and water restrictions due to the drought. Staff would be working on an ordinance that would be reviewed by the Council at a future meeting. The proposed water restrictions would impact Maple Grove, along with the three cities it provides water to. It was noted the last drought the city faced was in 1988. Heidi Nelson, Ms. Nelson explained that the Council has her Monday report if City there are any questions. She reported the Council would be holding budget worksession meetings on August 2 and August Maple Grove City Council Minutes July 19, 2021 Page 18 Administrator 16 in an effort to have the preliminary budget prepared prior to September 2021. She encouraged the public to participate in Nation Night Out on Tuesday, August 3, 2021. Items Added Councilmember Jaeger congratulated the newly appointed to the Agenda Maple Grove Ambassadors Rachel Liou, Gabby Bodin and Taylor McGowan. She thanked everyone who participated in Maple Grove Days and the recent parade. Adjournment Motion by Councilmember Jaeger, seconded by Councilmember Hanson, to adjourn to the regular City Council meeting on August 2, 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 9:00 p.m. by Mayor Steffenson. Respectfully submitted, Heidi Nelson City Administrator