City Council

Maple Grove City Council meeting meeting minutes December 20, 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 December 20, 2021 at the Maple Grove Government Center/Public Safety Facility, Hennepin County, Minnesota. Members present were Mayor Mark Steffenson (attending remotely via WebEx) 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; 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 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 3T. Citizens Advisory Committee dissolution Resolution No. 21-179 3X. Donations to police department D.A.R.E. program Maple Grove City Council Minutes December 20, 2021 Page 2 3Y. Accept donation from NW Area Jaycees 3Z. Adopt 2022 general fund budget and tax levy Consent items The following consent items were presented for Council’s approval: MINUTES A. Regular meeting – December 6, 2021 HUMAN RESOURCES ITEMS B. Approval of the IUOE Local 49 Public Works union contract Motion to approve the 2022-2024 labor agreement between IUOE Local No. 49 – Public Works and the City of Maple Grove, subject to final approval by labor attorney. C. Approval of the LELS Police Officer's union contract Motion to approve the 2022-2024 labor agreement between LELS Police Officers and the City of Maple Grove, subject to final approval by labor attorney. D. Merge personnel policy manuals for all city employees Motion to authorize staff to merge the personnel policy manuals for all city employees. E. Amendments to personnel policy manual Motion to make amendments to the personnel policy manual with an effective date of January 3, 2022 as follows: • Amend article 1: Code of ethics • Amend article 6: Working hours and breaks • Amend article 7: Probation period • Amend article 17: Vacation leave • Amend article 21: Family & Medical Leave Act (FMLA) • Eliminate article 21A: Family & Medical Leave Act (FMLA) for Military Families Maple Grove City Council Minutes December 20, 2021 Page 3 • Amend article 35: Training and conference reimbursement policy • Amend article 38: Safety policy • Amend article 47: Employee appearance and identification F. Amendments to temporary COVID19 policies Approve amendments to temporary policies to address staffing concerns caused by COVID19. COMMUNITY & ECONOMIC DEVELOPMENT ITEMS G. Crocus Grove PUD concept stage plan, development stage plan, preliminary plat, rezoning and administrative lot division Motion to table the application at the request of the applicant. H. Evanswood PUD development stage plan, rezoning and preliminary plat Motion to adopt Ordinance No. 21-23 approving the rezoning from R-A, Single-Family Agricultural to Planned Unit Development. Motion to adopt Resolution No. 21-181 approving the Evanswood PUD development stage plan and preliminary plat subject to: 1. Planned Unit Development agreement final review and approval of the city attorney and the director of community and economic development I. Maple Grove Innovation Center Planned Unit Development non-residential concept stage plan - Resolution No. 21-182 Motion to adopt Resolution No. 21-182 approving the Maple Grove Innovation Center PUD concept stage plan. J. Resolution calling for a public hearing on a proposal for a housing finance program and giving preliminary approval to the issuance of housing facility revenue bonds on behalf of MWF Properties Maple Grove City Council Minutes December 20, 2021 Page 4 Motion to adopt Resolution No. 21-188 calling for a public hearing on a proposal for a housing finance program and giving preliminary approval to the issuance of housing facility revenue bonds to finance a multifamily senior housing project pursuant to Minnesota Law, and authorizing the publication of a notice of the hearing. K. Summerwell Maple Grove PUD concept stage plan and rezoning Motion to adopt Ordinance No. 21-22 approving the rezoning from R-A, Single-Family Agricultural to Planned Unit Development. Motion to adopt Resolution No. 21-184 approving the Summerwell Maple Grove PUD concept stage plan. ENGINEERING ITEMS L. Appaloosa Woods area street reconstruction Project No. 21- 01 Change Order No. 1 Motion to approve Change Order No. 1 to Appaloosa Woods Area Street Reconstruction, Project No. 21-01 in the amount of $139,676.20. M. City of Plymouth designation of portion of County Road 47 Resolution No. 21-190 Motion to approve Resolution No. 21-190 allowing City of Plymouth to designate the portion of County Road 47 within Maple Grove (approximately 1290 feet) as a Plymouth Municipal State Aid Route. N. Energy Hills, Woodland Ponds, Wintergreen area street reconstruction Project No 21-02 Change Order No. 1 Motion to approve Change Order No. 1 to Energy Hills, Woodland Ponds, Wintergreen Area Street Reconstruction, Project No. 21-02 in the amount of $85,538.00. O. Establishing projects project 22-05 Rosemary Woods water quality pond maintenance, project 22-06 Deerfield Park water quality pond maintenance, project 22-07 Woodland Maple Grove City Council Minutes December 20, 2021 Page 5 Ponds water quality pond maintenance - Resolution No. 21- 176 Motion to adopt Resolution No. 21-176 establishing projects 22-05 Rosemary Woods Water Quality Pond Maintenance, 22- 06 Deerfield Park Water Quality Pond Maintenance, and 22-07 Woodland Ponds Water Quality Pond Maintenance and ordering the feasibility study, contingent on approval of the 2022 Budget. P. SilverCreek on Main funds transfers Motion to authorize fund transfers from the Improvement Project Financing Fund to the Trunk Transportation Fund in the amount of $649,000, Trunk Sanitary Sewer Utility in the amount of $1,068,000 and Trunk Storm Sewer Fund in the amount of $279,000. Q. Weston Commons - Developer's Agreement Resolution No. 21-191 Motion to adopt Resolution No. 21-191 approving Developer’s Agreement for Weston Commons, subject to final review by the city attorney and director of public works. R. Sureties Motion to approve the surety actions as listed. ADMINISTRATIVE ITEMS S. 2022 community survey consultant agreement with Policy Confluence, Inc. Motion by the City Council to authorize the Mayor and city administrator to enter into a consultant agreement with Policy Confluence, Inc., to develop and conduct the 2022 community survey for an amount not to exceed $38,750. T. Citizens Advisory Committee dissolution Resolution No. 21-179 This item was removed by Councilmember Barnett for discussion. Maple Grove City Council Minutes December 20, 2021 Page 6 U. Jefferson Lines Transit Station license agreement for 2022 to 2024 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, 2022 through December 31, 2024. V. Approve ordinance adopting the 2022 Fee Schedule and authorizing publication of the ordinance summary Motion to approve Ordinance No. 21-21 adopting the 2022 Fee Schedule and authorizing the publication of the ordinance summary. W. Agreement to amend developer’s agreement - The Bridges at Arbor Lakes and Resolution No. 21-185 Motion to approve the execution of the agreement to amend developer’s agreement, terminate easement and donate certain park items and the execute Resolution No. 21-185. X. Donations to Police Department D.A.R.E. program This item was removed by Councilmember Jaeger for discussion. Y. Accept donation from NW Area Jaycees This item was removed by Councilmember Hanson for discussion. Z. Adopt 2022 general fund budget and tax levy This item was removed by Councilmember Leith for discussion. AA. Formal approval of city debt policy Motion to approve adoption of city debt policy BB. Transfers from road reconstruction fund to debt service funds Maple Grove City Council Minutes December 20, 2021 Page 7 Motion to transfer $290,000 from the Road Reconstruction Fund to the 2010B Road Reconstruction Debt Service Fund for the city’s share of debt service in 2021. Motion to transfer $150,000 from the Road Reconstruction Fund to the 2012A Road Reconstruction Debt Service Fund for the city’s share of debt service in 2021. Motion to transfer $75,000 from the Road Reconstruction Fund to the 2014A Road Reconstruction Debt Service Fund for the city’s share of debt service in 2021. Motion to transfer $220,000 from the Road Reconstruction Fund to the 2014B Road Reconstruction Debt Service Fund for the city’s share of debt service in 2021. Motion to transfer $70,000 from the Road Reconstruction Fund to the 2015A Road Reconstruction Debt Service Fund for the city’s share of debt service in 2021. Motion to transfer $70,000 from the Road Reconstruction Fund to the 2016A Road Reconstruction Debt Service Fund for the city’s share of debt service in 2021. Motion to transfer $50,000 from the Road Reconstruction Fund to the 2020B Road Reconstruction Debt Service Fund for the city’s share of debt service in 2021. CC. Approve claims Motion to approve claims totaling $ 2,238,121.66. Motion by Councilmember Jaeger, seconded by Councilmember Hanson, to approve the consent items as amended, removing items 3T (Citizens Advisory Committee dissolution Resolution No. 21-179), 3X (Donations to Police Department D.A.R.E. program), 3Y (Accept donation from NW Area Jaycees), and 3Z (Adopt 2022 general fund budget and tax levy). Upon call of the motion by Mayor Steffenson, and a roll call vote, there were five ayes and no nays. Motion carried. Consideration The following items were pulled from the consent agenda. Maple Grove City Council Minutes December 20, 2021 Page 8 of items pulled Regarding Item 3T (Citizens Advisory Committee dissolution from the Resolution No. 21-179), Councilmember Barnett stated this agenda resolution would dissolve the Citizens Advisory Committee (CAC). She discussed the history of the CAC and thanked the Committee members for their service to the City of Maple Grove over the past 40 years. Motion by Councilmember Barnett, seconded by Councilmember Hanson, to adopt Resolution No. 21-179 regarding the dissolution of the Citizens Advisory Committee. Councilmember Leith reported he served on this committee almost 20 years ago and served as the CAC liaison for nine years. He stated he appreciated the great work that was done by this committee. Councilmember Hanson indicated she also served on this committee for about six years and was a co-chair. She noted she got her start in public service with this group. She stated she was very grateful to all of the members that served on CLIC and CAC. Mayor Steffenson commented many years ago he was the Council liaison to CLIC. He thanked each member of the community that served on CLIC and CAC over the years for their contributions to the City of Maple Grove. Upon call of the motion by Mayor Steffenson, and a roll call vote, there were five ayes and no nays. Motion carried. Regarding Item 3X (Donations to Police Department D.A.R.E. program), Councilmember Jaeger stated on September 8, 2021 Scott Madsen, son of former City Administrator Al Madsen, passed away and funds were provided as a memorial to the DARE program. She thanked the Madsen family for their generous contribution to the DARE program. Motion by Councilmember Jaeger, seconded by Councilmember Hanson, to accept donations of $2,200 to the police department’s D.A.R.E. program fund in memory of Scott Madsen. Upon call of the motion by Mayor Steffenson, and a roll call vote, there were five ayes and no nays. Motion carried. Maple Grove City Council Minutes December 20, 2021 Page 9 Regarding Item 3Y (Accept donation from NW Area Jaycees), Councilmember Hanson thanked the NW Area Jaycees for their generous contribution to the City of Maple Grove. She noted these funds would be used to purchase two AED’s for Fernbrook Fields and Weaver Lake Beach, along with rapid intervention team bags for the Fire Department and a police drone robot. Motion by Councilmember Hanson, seconded by Councilmember Jaeger, to approve acceptance of a $9,700 donation from the NW Area Jaycees. Upon call of the motion by Mayor Steffenson, and a roll call vote, there were five ayes and no nays. Motion carried. Regarding Item 3Z (Adopt 2022 general fund budget and tax levy), Councilmember Leith stated the Council spent a lot of time discussing the 2022 budget and noted a Truth in Taxation Hearing was held two weeks ago. He reported the budget will increase approximately 2.6% and commented on the impact this would have on the median value homeowner. Councilmember Barnett thanked Finance Director Sticha and the rest of staff for all of their efforts on the budget and tax levy. She stated she was very pleased the city would be bringing on an additional police officer in 2022. Motion by Councilmember Barnett, seconded by Councilmember Leith, to adopt Resolution No. 21-180 adopting for 2022 the general fund budget, the road reconstruction fund budget, the general obligation capital improvement plan budget, and setting a tax levy for 2022. Upon call of the motion by Mayor Steffenson, and a roll call vote, there were five ayes and no nays. Motion carried. Special business Open forum Eli Jenson, 6208 Nathan Lane North, discussed a recent theft incident that occurred in his neighborhood in Maple Grove and encouraged the City Council to consider installing more lighting or cameras on the walking paths for safety purposes. Mayor Steffenson directed staff to follow-up with Mr. Jenson to determine what can be done. Maple Grove City Council Minutes December 20, 2021 Page 10 Recognition Mike Opatz, staff liaison to the Citizens Advisory Committee, and Service stated since its formation in 1975 as the Citizens Long Range Improvement Committee (CLIC) and its evolution to the Awards for Citizens Advisory Committee (CAC) in 2004, this advisory CAC commission has played an important role in the Maple Grove Members community. The CAC mission was to support the decision- making process of the Maple Grove City Council, staff, and citizens by providing additional perspective through recommendations on a wide range of community interests. The input and accomplishments of over 100 residents serving on CLIC and CAC through the years are noteworthy. Mr. Opatz commented that the City Council will be transitioning to a per project task force or committee structure on an as-needed basis. As such, the CAC is being dissolved effective December 31, 2021. However, the City Council desires to recognize the public service provided by the current CAC members. In appreciation for their distinguished and dedicated service to the City of Maple Grove, the following CAC members will receive a City of Maple Grove public service award for providing 10 or more years of public service: Lorraine Gresser, Leslie Bender, Robert Joiner, Don Skoglund, Steven Maas, and Harry Kennedy. Staff presented the members of the CAC with plaques and thanked each member for their tremendous public service. Mayor Steffenson thanked the CAC and CLIC members for their years of service to the City of Maple Grove. Liquor City Administrator Nelson stated the Maple Grove Police violation Department recently conducted alcohol compliance checks on October 18, October 20 and October 29. On October 20, Benihana Benihana served alcohol to a minor undercover decoy. She reported a notice of administrative hearing was sent to the National license holder and no hearing was requested. She recommended Corporation the Council consider an appropriate fine and penalty for dba Benihana Benihana. She reported Benihana has not sent any of their employees to the city sponsored alcohol training in 2021, but sent three employees in 2020. She noted this was Benihana’s first violation in the past three years. Mayor Steffenson asked what Benihana has done to address this concern. Maple Grove City Council Minutes December 20, 2021 Page 11 Shawn Skrip Sr., Regional Manager for Benihana, reported all staff has been retrained and a POS system was now in place. He explained the employee at fault was terminated. Councilmember Leith requested further information regarding the POS system that was in place. Mr. Skrip indicated this was not a card reader scanner system, but rather provided a date staff should look for when making alcohol sales. Motion by Councilmember Jaeger, seconded by Councilmember Leith, to direct the city attorney to prepare appropriate findings of fact and conclusion in support of the decision to suspend the on-sale intoxicating liquor/Sunday sale license for Benihana National Corporation dba Benihana, 11840 Fountains Way, Maple Grove, Minnesota for two consecutive days for a first violation within any three-year period and impose a civil penalty of $2,000 for consideration at the next Council meeting. Upon call of the motion by Mayor Steffenson, and a roll call vote, there were five ayes and no nays. Motion carried. Liquor City Administrator Nelson stated the Maple Grove Police violation Department recently conducted alcohol compliance checks on October 18, October 20 and October 29. On October 18, El Rochoas LLC Rodeo Mexican Restaurant served alcohol to a minor undercover decoy. She reported a notice of administrative dba El Rodeo hearing was sent to the license holder and no hearing was Mexican requested. She recommended the Council consider an Restaurant appropriate fine and penalty for El Rodeo Mexican Restaurant. She reported El Rodeo Mexican Restaurant has not sent any of their employees to the city sponsored alcohol training in 2021, but sent eight employees in 2020. She noted this was El Rodeo Mexican Restaurant’s first violation in the past three years. Mayor Steffenson questioned what additional training has been completed since this event occurred. Jose Rojas, manager of El Rodeo Mexican Restaurant, apologized to the City of Maple Grove for the incident that occurred at his restaurant. He explained the last alcohol compliance failure at his restaurant occurred in 2012. He noted he reminds his employees to ask for an ID and to check the date. He reported the date staff needs for confirming the legal age requirement is written on the seating chart, as well as being Maple Grove City Council Minutes December 20, 2021 Page 12 typed on the bar and in the back area. Councilmember Jaeger encouraged Mr. Rojas to have his employees attend the city sponsored alcohol compliance training. She expressed concern that Mr. Rojas’s employee didn’t even ask for an ID from the undercover decoy. Mr. Rojas stated normally all of his employees ask for ID’s but on that day he was short-staffed and the mistake occurred. Motion by Councilmember Jaeger, seconded by Councilmember Hanson, to direct the city attorney to prepare appropriate findings of fact and conclusion in support of the decision to suspend the on-sale intoxicating liquor / Sunday sale license for Rochoas LLC dba El Rodeo Mexican Restaurant, 13572 80th Circle N, Maple Grove, Minnesota for two consecutive days for a first violation within any three-year period and impose a civil penalty of $2,000 for consideration at the next Council meeting. Upon call of the motion by Mayor Steffenson, and a roll call vote, there were five ayes and no nays. Motion carried. Liquor City Administrator Nelson stated the Maple Grove Police violation Department recently conducted alcohol compliance checks on October 18, October 20 and October 29. On October 18, HINW LLC Holiday Inn Maple Grove served alcohol to a minor undercover decoy. She reported a notice of administrative hearing was sent dba Holiday to the license holder and no hearing was requested. She Inn Maple recommended the Council consider an appropriate fine and Grove penalty for Holiday Inn Maple Grove. She reported Holiday Inn Maple Grove has not sent any of their employees to the city sponsored alcohol training in 2021, but sent five employees in 2020. She noted this was Holiday Inn Maple Grove’s first violation since obtaining their liquor license in 2007. Mayor Steffenson questioned what Holiday Inn Maple Grove has done to train their staff since the incident occurred. Mary Alleman, general manager, apologized to the city for what happened. She noted she became GM of the property in September and she took this violation very seriously. She reported there has been a lot of internal training to ensure employees are checking ID’s. She commented she also has a sign posted with the date staff should be looking for to determine legal age requirement. She indicated she has a lot of Maple Grove City Council Minutes December 20, 2021 Page 13 new employees on staff and noted this past year has been a challenge. Councilmember Leith stated in this case, the employee did not ask for an ID. He questioned if Holiday Inn staff was told to ID everybody. Ms. Alleman reported she spoke with her staff and noted the policy was to card everyone. Motion by Councilmember Hanson, seconded by Councilmember Leith, to direct the city attorney to prepare appropriate findings of fact and conclusion in support of the decision to suspend the on-sale intoxicating liquor / Sunday sale license for HINW LLC dba Holiday Inn Maple Grove, 11801 Fountains Way, Maple Grove, Minnesota for two consecutive days for a first violation within any three-year period and impose a civil penalty of $2,000 for consideration at the next Council meeting. Councilmember Jaeger questioned when the two-day suspension would occur. Mayor Steffenson reported this would occur on January 10, 2022 and January 11, 2022. Upon call of the motion by Mayor Steffenson, and a roll call vote, there were five ayes and no nays. Motion carried. Liquor City Administrator Nelson stated the Maple Grove Police violation Department recently conducted alcohol compliance checks on October 18, October 20 and October 29. On October 20, Hy- Hy-Vee, Inc. Vee Market Grille Express served alcohol to a minor undercover decoy. She reported a notice of administrative dba Hy-Vee hearing was sent to the license holder and no hearing was Market Grille requested. She recommended the Council consider an Express appropriate fine and penalty for Hy-Vee Market Grille Express. She reported Hy-Vee Market Grille Express has not sent any of their employees to the city sponsored alcohol training in 2021, but sent five employees in 2020. She noted this was Hy-Vee Market Grille Express’ second violation since obtaining their liquor license in October of 2019. Rich Scherer, store manager of Hy-Vee Market Grill Express, apologized to the city. He indicated this was an embarrassment to his establishment. Maple Grove City Council Minutes December 20, 2021 Page 14 Mayor Steffenson questioned what other new training has been conducted to ensure this does not happen again. Mr. Scherer described the computer-based training that his employees complete and explained all of his employees redid this training. He noted POS notifications were also in place. Motion by Councilmember Jaeger, seconded by Councilmember Hanson, to direct the city attorney to prepare appropriate findings of fact and conclusion in support of the decision to suspend the on-sale intoxicating liquor / Sunday sale license for Hy-Vee, Inc. dba Hy-Vee Market Grille Express, 18755 70th Way N, Suite C, Maple Grove, Minnesota for five consecutive days for a second violation within any three-year period and impose a civil penalty of $2,000 for consideration at the next Council meeting. Councilmember Barnett stated this violation bothers her significantly because Hy-Vee has only had its liquor license for three years and this was Hy-Vee’s second violation. She was upset that the city had 10 violations during the October compliance checks. Mr. Scherer indicated the employee at fault was previously a casino bartender and she did not have to card her patrons. He stated this was a complete failure on her part and this employee feels terrible for what occurred. He apologized again for the situation. Upon call of the motion by Mayor Steffenson, and a roll call vote, there were five ayes and no nays. Motion carried. Liquor City Administrator Nelson stated the Maple Grove Police violation Department recently conducted alcohol compliance checks on October 18, October 20 and October 29. On October 29, the Lookout Lookout Supper Club served alcohol to a minor undercover decoy. She reported a notice of administrative hearing was sent Supper Club to the license holder and no hearing was requested. She Inc. dba recommended the Council consider an appropriate fine and Lookout penalty for the Lookout Supper Club. She reported the Lookout Supper Club Supper Club sent 16 employees to the alcohol compliance training in 2021 and sent 10 employees in 2020. She noted this was the Lookout Supper Club’s first violation since 2009. Mike Kinnan, owner of the Lookout Supper Club, apologized to Maple Grove City Council Minutes December 20, 2021 Page 15 the Council. He stated this was not the type of business he runs and discussed how his business has changed and evolved over the past two years due to COVID. He reported 80% of his staff now has less than one year of experience on the floor. He indicated his business environment has changed immensely because he no longer has seasoned employees. He stated he would like to look at the program that is provided by the city and suggested some of the money collected in fines be invested in order to improve the training situation for the entire community. He commented further on how the fine and closure would further hurt his employees. Councilmember Jaeger did not believe it was the city’s responsibility to oversee and provide proper training for these businesses. She believed this should be the responsibility of the liquor license holders, to ensure their staff was properly trained to sell alcohol. Mr. Kinnan understood it was not the city’s responsibility but he questioned if there was a better way to have local restaurants working together with the city. He commented he has only had two violations in the past 63 years. Councilmember Jaeger encouraged Mr. Kinnan to install a scanner POS system at his establishment. Mr. Kinnan reported he had a scanner system at the front door. Councilmember Leith asked staff to review what other cities do for alcohol compliance and report back to the Council at a future meeting. City Administrator Nelson stated she would look into what other cities do to see if there was something more or different that could be done. Councilmember Barnett indicated she would be happy to head up a task force if it was formed to work with local liquor license holders. Motion by Councilmember Hanson, seconded by Councilmember Barnett, to direct the city attorney to prepare appropriate findings of fact and conclusion in support of the decision to suspend the on-sale intoxicating liquor/Sunday sale license for Lookout Supper Club Inc. dba Lookout Supper Club, 8672 Pineview Lane, Maple Grove, Minnesota for two consecutive days for a first violation within any three-year period and impose a civil penalty of $2,000 for consideration at the next Council Maple Grove City Council Minutes December 20, 2021 Page 16 meeting. Upon call of the motion by Mayor Steffenson, and a roll call vote, there were five ayes and no nays. Motion carried. Liquor City Administrator Nelson stated the Maple Grove Police violation Department recently conducted alcohol compliance checks on October 18, October 20 and October 29. On October 18, Olive GMRI Inc. Garden served alcohol to a minor undercover decoy. She reported a notice of administrative hearing was sent to the dba Olive license holder and no hearing was requested. She recommended Garden 1534 the Council consider an appropriate fine and penalty for Olive Garden. She reported Olive Garden has not sent any of their employees to the city sponsored alcohol training in 2021, but sent three employees in 2020. She noted this was Olive Garden’s second violation within a three-year period. Derek Harrell, general manager, apologized to the city for the failure that occurred at Olive Garden. He noted Olive Garden conducts training of their staff all the time. He explained all new servers or bartenders are required to fill out a gold card. He commented the bartender that failed to ask for an ID was distracted. He reported this bartender was let go. He commented on all of his seven POS systems having the dates are printed in plain sight. He indicated he was not onsite the day the violation occurred. He reported his restaurant has been put on an enhanced protocol and all patrons who look 40 years old or younger are carded, and servers are required to put DOB’s into the system prior to making an alcohol sale. He explained a scanner system was installed in the bar area. In addition, secret shoppers come into Olive Garden to conduct compliance checks. He understood this violation was very serious. He apologized again for what happened. Motion by Councilmember Hanson, seconded by Councilmember Leith, to direct the city attorney to prepare appropriate findings of fact and conclusion in support of the decision to suspend the on-sale intoxicating liquor/Sunday sale license for GMRI Inc. dba Olive Garden #1534, 12520 Elm Creek Blvd N, Maple Grove, Minnesota for five consecutive days for a second violation within any three- year period and impose a civil penalty of $2,000 for consideration at the next Council meeting. Councilmember Barnett thanked Olive Garden for putting so Maple Grove City Council Minutes December 20, 2021 Page 17 many different measures in place to address this concern and for taking this violation seriously. Upon call of the motion by Mayor Steffenson, and a roll call vote, there were five ayes and no nays. Motion carried. Liquor City Administrator Nelson stated the Maple Grove Police violation Department recently conducted alcohol compliance checks on October 18, October 20 and October 29. On October 29, OMNI OMNI Brewing Company served alcohol to a minor undercover decoy. She reported a notice of administrative hearing was sent to the Brewing license holder and no hearing was requested. She recommended Company the Council consider an appropriate fine and penalty for OMNI LLC dba Brewing Company. She reported OMNI Brewing Company has OMNI sent four employees to the city sponsored alcohol training in Brewing 2021, and sent eight employees in 2020. She noted this was Company OMNI Brewing Company’s first violation since obtaining their liquor license in 2015. Zach Ward, Founder and COO of OMNI Brewing, read a statement to the City Council and sincerely apologized for the violation the occurred in October. He reported this failure was a gross violation of his mission statement, which was to strengthen the community. He commented his success in passing compliance checks over the past six years moved this down on his priority list for new hires. He reported since this incident, the employee has been placed on probation and all policies have been communicated to employees again. He noted all members of the taproom have attended the city’s most recent alcohol compliance training. He apologized again to the City of Maple Grove and stated he promised to do better going forward. Councilmember Leith understood that OMNI Brewing runs a tight ship and he thanked Mr. Ward for taking this violation seriously. Motion by Councilmember Hanson, seconded by Councilmember Barnett, to direct the city attorney to prepare appropriate findings of fact and conclusion in support of the decision to suspend the on-sale brewer’s taproom license for OMNI Brewing Company LLC dba OMNI Brewing Company, 9462 Deerwood Lane N, Maple Grove, Minnesota for two consecutive days for a first violation within any three-year period and impose a civil Maple Grove City Council Minutes December 20, 2021 Page 18 penalty of $2,000 for consideration at the next Council meeting. Upon call of the motion by Mayor Steffenson, and a roll call vote, there were five ayes and no nays. Motion carried. Liquor City Administrator Nelson stated the Maple Grove Police violation Department recently conducted alcohol compliance checks on October 18, October 20 and October 29. On October 18, P.F. P.F. Chang’s Chang’s China Bistro served alcohol to a minor undercover decoy. She reported a notice of administrative hearing was sent China Bistro to the license holder and no hearing was requested. She Inc. dba P.F. recommended the Council consider an appropriate fine and Chang’s penalty for P.F. Chang’s China Bistro. She reported P.F. China Bistro Chang’s China Bistro has not sent any of their employees to the city sponsored alcohol training in 2021, but sent fifteen employees in 2020. She noted P.F. Chang’s China Bistro has not had a violation since 2009. Paula Stacke, assistant operating manager, apologized for the incident that occurred. She commented about the mistake that occurred and noted the employee was no longer with her organization. She reported all employees have been retrained. Councilmember Jaeger questioned how long Ms. Stacke had been at the restaurant. Ms. Stacke indicated she has been at this location for the past two years. Councilmember Jaeger understood readers were purchased in 2009 and asked what happened to those. Ms. Stacke commented she was uncertain what happened to the readers. Councilmember Leith encouraged P.F. Chang’s to card all visitors and not just ask them if they are over 21. He did not believe this was a good policy to have in place. Ms. Stacke reported this was something staff was trained to do and noted all visitors were carded if they did not look 21. Mayor Steffenson agreed the systems P.F. Chang’s had in place should be reconsidered. He encouraged P.F. Chang’s to rethink how they were conducting their training and to take this violation seriously. Motion by Councilmember Hanson, seconded by Councilmember Jaeger, to direct the city attorney to prepare appropriate findings of fact and conclusion in Maple Grove City Council Minutes December 20, 2021 Page 19 support of the decision to suspend the on-sale intoxicating liquor/Sunday sale license for P.F. Chang’s China Bistro Inc. dba P.F. Chang’s China Bistro, 12071 Elm Creek Blvd N, Maple Grove, Minnesota for two consecutive days for a first violation within any three-year period and impose a civil penalty of $2,000 for consideration at the next Council meeting. Upon call of the motion by Mayor Steffenson, and a roll call vote, there were five ayes and no nays. Motion carried. Liquor City Administrator Nelson stated the Maple Grove Police violation Department recently conducted alcohol compliance checks on October 18, October 20 and October 29. On October 20, Riviera Ortiz 5 LLC Maya Cantina and Restaurant served alcohol to a minor undercover decoy. She reported a notice of administrative dba Riviera hearing was sent to the license holder and no hearing was Maya Cantina requested. She recommended the Council consider an and appropriate fine and penalty for Riviera Maya Cantina and Restaurant Restaurant. She reported Riviera Maya Cantina and Restaurant has not sent any of their employees to the city sponsored alcohol training in 2021, but sent two employees in 2020. She noted this was Riviera Maya Cantina and Restaurant’s first violation since obtaining their liquor license in 2020. Luis Ortiz, Riviera Maya Cantina and Restaurant owner, apologized for the event that occurred at his restaurant. He stated this was a mistake and he hoped to not be in front of the City Council again. He explained he owned Guadalajara as well. He reported this was the first time he has had a violation for a liquor license. He stated he used to have meetings once a week with his staff, but has gotten too busy to continue this. Councilmember Jaeger encouraged Mr. Ortiz to have meetings with his employees every day. Councilmember Leith explained he was concerned with the fact this restaurant had a violation only one year after receiving their liquor license. Councilmember Hanson agreed stating this violation was particularly disappointing to her. She commented saying you are busy was not an excuse to allow a lapse to occur. Motion by Councilmember Hanson, seconded by Councilmember Leith, to direct the city attorney to prepare Maple Grove City Council Minutes December 20, 2021 Page 20 appropriate findings of fact and conclusion in support of the decision to suspend the on-sale intoxicating liquor/Sunday sale license for Ortiz 5 LLC dba Riviera Maya Cantina and Restaurant, 7904 Main Street N, Maple Grove, Minnesota for two consecutive days for a first violation within any three-year period and impose a civil penalty of $2,000 for consideration at the next Council meeting. Upon call of the motion by Mayor Steffenson, and a roll call vote, there were five ayes and no nays. Motion carried. Liquor City Administrator Nelson stated the Maple Grove Police violation Department recently conducted alcohol compliance checks on October 18, October 20 and October 29. On October 20, Rush Rush Creek Creek Golf Club served alcohol to a minor undercover decoy. She reported a notice of administrative hearing was sent to the Golf Club license holder and no hearing was requested. She recommended LLC dba the Council consider an appropriate fine and penalty for Rush Rush Creek Creek Golf Club. She reported Rush Creek Golf Club has not Golf Club sent any of their employees to the city sponsored alcohol training in 2021, but sent sixteen employees in 2020. She noted this was Rush Creek Golf Club’s first violation since 2012. Derek Stendahl, Rush Creek Golf Club General Manager, apologized to the Council for the infraction. He noted he stood before the Council in 2012 and was very embarrassed. He stated he has made it his point to not have to do that again. He discussed how all new hires were required to attend alcohol compliance classes. He reported all bartenders that pass the test are given monetary rewards. He stated when he got the call on October 20, he had to investigate the situation because the person that failed is a great employee. He discussed the miscommunication that occurred at the golf club and apologized again for the incident. Motion by Councilmember Jaeger, seconded by Councilmember Hanson, to direct the city attorney to prepare appropriate findings of fact and conclusion in support of the decision to suspend the on-sale intoxicating liquor/Sunday sale license for Rush Creek Golf Club LLC dba Rush Creek Golf Club, 7801 County Rd 101, Maple Grove, Minnesota for two consecutive days for a first violation within any three-year period and impose a civil penalty of $2,000 for consideration at the next Council meeting. Maple Grove City Council Minutes December 20, 2021 Page 21 Councilmember Hanson thanked Mr. Stendahl for explaining what happened in further detail for the Council. Upon call of the motion by Mayor Steffenson, and a roll call vote, there were five ayes and no nays. Motion carried. Community and economic development items Planning Manager Vickerman stated the applicant is requesting Tricare Senior a planned unit development concept stage plan amendment to Housing PUD allow a four-story, 152-unit, affordable 55+ apartment building. concept stage The site is part of the Tri-Care concept plan which shows the plan site as two office buildings totaling 48,000 square feet. There is amendment an outlot north of this site that continues to be planned for an office use. The applicant is proposing rents that would be affordable to people with incomes at 60% of the area median income. Garland Lane is currently being constructed through the Tri-Care property and this site is on the west side of Garland Lane, adjacent to the large wetland to the west and north of Biolife. Staff discussed the plans in further detail and reported the Planning Commission recommended approval. Councilmember Jaeger asked if charging stations should be considered for this apartment complex. Planning Manager Vickerman stated this was a good matter for the developer to consider. Councilmember Leith requested further information regarding the sidewalks that would be installed. Planning Manager Vickerman discussed the sidewalks that would be installed along Garland Lane and the surrounding areas. Councilmember Leith asked if playground equipment or a tot lot would be installed. He supported the developer providing some greenspace or a tot lot. Planning Manager Vickerman explained this was not a condition for approval, but staff encouraged the developer to show where something like this could occur. Councilmember Jaeger believed this was a great spot for senior housing in the City of Maple Grove. Maple Grove City Council Minutes December 20, 2021 Page 22 Ryan Schwickert, MWF Properties representative, thanked the Council for considering his proposal. He noted he was available for questions or comments regarding the proposed development. He stated there typically were not a lot of children or families with kids within these developments. For this reason, he did not have a tot lot included in the plans. Councilmember Hanson encouraged the developer to consider having a tot lot for grandparents to take their grandchildren. Councilmember Barnett questioned how traffic would be affected by this project. She believed this was a very odd space that was not well suited for housing. Mr. Schwickert reported the site was guided for office/office retail uses. He indicated office uses had three times more traffic than the proposed senior housing would have. Councilmember Barnett asked where the greenspace would be located. Mr. Schwickert reviewed where the ponds and greenspace would be located on the site. Councilmember Barnett inquired if the property had to be rezoned for this project. City Attorney Templin advised this was a PUD that would need an amendment and not a rezoning. Motion by Councilmember Hanson, seconded by Councilmember Leith, to direct the City Attorney to draft a Resolution approving the Tricare Senior Housing PUD concept stage plan amendment subject to: 1. Any remaining unresolved comments on the Tricare plan review - review comments report dated December 8, 2021. 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. Councilmember Jaeger asked if the developer had all of the funding and tax credits in place for the affordable housing. Mr. Schwickert reported he was still working to get all of the Maple Grove City Council Minutes December 20, 2021 Page 23 financing in place. He stated he hoped to be awarded the funding in January of 2022. Councilmember Barnett questioned how long the units would have to remain affordable. Mr. Schwickert indicated the units would have to remain affordable for 30 years. Councilmember Barnett stated she would be supporting this project because it would be bringing affordable senior housing to Maple Grove. Upon call of the motion by Mayor Steffenson, and a roll call vote, 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 • It was noted the Planning Commission would meet next on and economic Monday, January 10, 2022 and would be addressing a development variance request, a PUD concept plan, development stage items plan, preliminary and final plat for PetSuites that is located on Upland Lane and County Road 30. Engineering- public works items Report on Director of Public Works/City Engineer Ashfeld updated the Council regarding the following: upcoming engineering • The I-94 project was nearing completion as the median items guardrail has been installed, along with noise walls. • Staff was working on the 2022 Capital Improvement Plan (CIP). Administration items Report on City Administrator Nelson explained that the Council has her upcoming Monday report if there are any questions. She reported the Government Center would be closed on December 24 and administration December 31 for the holidays. She noted the City Council items would meet next on Monday, January 3 and indicated the City Council would be holding a work session meeting on January Maple Grove City Council Minutes December 20, 2021 Page 24 18. She indicated staff and Council would be holding a retreat on February 12, 2022. Adjourn to Mayor Steffenson adjourned the City Council meeting to the EDA meeting EDA meeting at 9:15 p.m. Reconvene to Mayor Steffenson reconvened the regular City Council meeting regular at 9:24 p.m. meeting Items added to Councilmember Jaeger encouraged residents to check the the agenda batteries in their smoke detectors. Councilmember Jaeger reported the next farmers market would be held on Tuesday, December 21. Adjournment Motion by Councilmember Jaeger, seconded by Councilmember Barnett, to adjourn to the regular City Council meeting on Monday, January 3, 2022 at 7:30 p.m. Upon call of the motion by Mayor Steffenson, and a roll call vote, there were five ayes and no nays. Motion carried. The meeting was adjourned at 9:26 p.m. by Mayor Steffenson. Respectfully submitted, Heidi Nelson City Administrator