City Council

Maple Grove City Council meeting meeting minutes December 19, 2022 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 19, 2022 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, Assistant Community and Economic Development; Jesse Corrow, Associate Planner; Ken Ashfeld, Public Works Director/City Engineer; Chris Kummer, Deputy Fire Chief; 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 the deletions to the consent agenda to which Heidi Nelson stated agenda the following: Item amended to the agenda 5G. Liquor violation Butcher and the Artist LLC dba Max’s on Main 5H. Liquor violation CRAVE Maple Grove LLC dba CRAVE 5I. Liquor violation Grove Up LLC dba Pizza Karma Item amended to the consent agenda None Item added to the agenda None Maple Grove City Council minutes December 19, 2022 Page 2 Item removed from the consent agenda for discussion 3C. Recruitment approval for deputy city clerk 3P. Adopt 2023 general fund budget and tax levy Consent items The following consent items were presented for Council’s approval: MINUTES A. Regular meeting – December 5, 2022 B. Work session meeting – December 5, 2022 HUMAN RESOURCES ITEMS C. Recruitment approval for deputy city clerk This item was removed by Councilmember Hanson for discussion. D. Promotion of human resources specialist and recruitment approval for human resources technician Motion to approve the promotion of Joey Matesi to the position of human resources specialist recruitment and retention with an annual salary of $71,098.56, effective December 20, 2022 subject to a 12-month probationary period. All required screenings have been successfully completed. Motion to authorize staff to begin the recruitment process for the human resources technician position. E. Updated policy- anti-discrimination, harassment and retaliation The city reviewed its harassment and discrimination policies and propose combining the policies to create a revised Article 2 of the personnel policy manual. In addition, the draft policy has been updated to include specific definitions of key terms in addition to providing procedures related to the ADA process, and providing an outline of the investigative process. Maple Grove City Council minutes December 19, 2022 Page 3 Additionally, staff had outside counsel conduct a legal review of the policy to provide recommendations and updated terminology to maintain compliance with state and federal laws. F. Approval of 2023 non-union benefit earning pay plan as a result of the classification and compensation study Motion to approve the 2023 non-union pay plan recommended by staff and consultant DDA Human Resources as a result of the classification and compensation study. G. Amendment to the city administrator's employment agreement Motion to adopt an amendment to the city administrator's employment agreement effective the date of the meeting. COMMUNITY & ECONOMIC DEVELOPMENT ITEMS H. Designating segments of Troy Lane North, 101st Avenue North, Lawndale Lane North, and 105th Avenue North to Arbor Ridge Parkway North Motion to adopt Ordinance No. 22-21 approving designating 10100-10540 Troy Lane North, 18100-17690 101st Avenue North, 10100-10500 Lawndale Lane North, and 14900-17055 105th Avenue North to “Arbor Ridge Parkway North.” Motion to adopt summary Ordinance No. 22-21 to reduce publication costs. ENGINEERING ITEMS I. 2023 Well No. 2 upgrade Project No. 23-04 - Resolution No. 22-181 Motion to adopt Resolution No. 22-181 establishing 2023 Well No. 2 Upgrade Project 23-04 and authorizing engineering consultant H. R. Green to prepare plans and specifications. J. Administrative and special assessment transfers Maple Grove City Council minutes December 19, 2022 Page 4 Motion to approve the transfer of administrative, special assessment and engineering fees from the respective project funds to the general fund in the amount of $797,801.54. K. Dish Wireless, LLC site lease agreement - Ranchview water tower - Resolution No. 22-179 Motion to adopt Resolution No. 22-179 to approve site lease agreement with Dish Wireless LLC to allow placement of cellular antennas/equipment at Ranchview water tower. L. Encroachment on right of way agreement Motion to approve encroachment on right of way agreement subject to final review and approval of the city engineer and city attorney. M. Everest Lane Stream Bank Stabilization Project No. 20-08 Motion to approve the final acceptance and payment of the Everest Lane Stream Bank Stabilization Project No. 20-08 completed by Sunram Construction, Inc. subject to the warranty provisions of the contract and statutory law. N. Maple Grove Middle School Park Trail Project No. 22-03 - Resolution No. 22-184 Motion to adopt Resolution No. 22-184 ordering Maple Grove Middle School Park Trail Project No. 22- 03, ordering plans, approving plans and authorizing advertisement for bids. O. Sureties - December 19, 2022 Motion to approve the surety actions. ADMINISTRATIVE ITEMS P. Adopt 2023 general fund budget and tax levy This item was removed by Councilmember Leith for discussion. Maple Grove City Council minutes December 19, 2022 Page 5 Q. Adopt amended city debt policy Adopt amended city debt policy for debt structure practices article 9. R. Agreement to Amend Developers Agreement and Terminate Easement - Bridges at Arbor Lakes Motion to approve the execution of the Agreement to Amend Developer’s Agreement and Terminate Monument Signs Easement – Bridges at Arbor Lakes. S. Approve ordinance adopting the 2023 Fee Schedule and authorizing publication of the ordinance summary Motion to approve Ordinance No. 22-24 adopting the 2023 Fee Schedule and authorizing the publication of the ordinance summary. T. Approve transfers from road reconstruction fund to debt service funds Motion to transfer $275,000 from the Road Reconstruction Fund to the 2010B Road Reconstruction Debt Service Fund for the city’s share of debt service in 2022. Motion to transfer $790,000 from the Road Reconstruction Fund to the 2012A Road Reconstruction Debt Service Fund for the city’s share of debt service in 2022. Motion to transfer $285,000 from the Road Reconstruction Fund to the 2013C Road Reconstruction Debt Service Fund for the city’s share of debt service in 2022. Motion to transfer $255,000 from the Road Reconstruction Fund to the 2014A Road Reconstruction Debt Service Fund for the city’s share of debt service in 2022. Motion to transfer $405,000 from the Road Reconstruction Fund to the 2014B Road Reconstruction Debt Service Fund for the city’s share of debt service in 2022. Maple Grove City Council minutes December 19, 2022 Page 6 Motion to transfer $455,000 from the Road Reconstruction Fund to the 2015A Road Reconstruction Debt Service Fund for the city’s share of debt service in 2022. Motion to transfer $1,030,000 from the Road Reconstruction Fund to the 2016A Road Reconstruction Debt Service Fund for the city’s share of debt service in 2022. Motion to transfer $50,000 from the Road Reconstruction Fund to the 2018A Road Reconstruction Debt Service Fund for the city’s share of debt service in 2022. Motion to transfer $70,000 from the Road Reconstruction Fund to the 2019B Road Reconstruction Debt Service Fund for the city’s share of debt service in 2022. Motion to transfer $150,000 from the Road Reconstruction Fund to the 2020B Road Reconstruction Debt Service Fund for the city’s share of debt service in 2022. Motion to transfer $325,000 from the Road Reconstruction Fund to the 2020C Road Reconstruction Debt Service Fund for the city’s share of debt service in 2022. U. Renewal of tobacco licenses Motion to approve the new and renewal tobacco licenses to the businesses listed below for the period January 1, 2023 through December 31, 2023, subject to compliance with all licensing requirements as outlined in Article XVI – Maple Grove City Code. Accessory Tobacco Sales Licensees: Licensee name Business name Address Angel's Liquor Inc Angel's Liquor 7496 East Fish Lake Rd Supervalu Inc. Cub Foods 8150 Wedgewood Ln N Cub Stores Cub Wine & Spirits 13335 Grove Dr N Holdings Maple Grove City Council minutes December 19, 2022 Page 7 Down in the Down in the Valley 13633 Grove Dr N Valley, Inc. A & S Stores LLC Eagle Lake Market 9601 63rd Ave N KTCO Inc Hemlock BP 11960 73rd Ave N Holiday/Maple Holiday 16350 96th Ave N Grove LLC Stationstore #319 Holiday Holiday 13303 Bass Lake Stationstores, LLC Stationstore #508 Rd Hy-Vee, Inc. Hy-Vee Fast & 18450 70th Way N Fresh Express Hy-Vee, Inc. Hy-Vee Food Store 18755 70th Way N Hy-Vee, Inc. Hy-Vee Wine & 18755 70th Way N Spirits Lookout Supper Lookout Supper 8672 Pineview Ln Club Inc. Club N Maple Grove BP Maple Grove BP 13379 Bass Lake Inc. Rd VZ Inc. MGM Wine & 16475 96th Ave N Spirits TAPDA Enterprises Minnoco 13400 Grove Dr N Inc. Quad Investments O’Ryans Holiday 3594 11201 93rd of MG Inc. Ave Princeton’s Place, Princeton’s 12790 Bass Lake Inc. Liquors Rd Northern Tier Speedway #4444 9363 Upland Ln N Retail LLC Northern Tier Speedway #4449 13820 Grove Dr N Retail LLC Steve’s Auto Steve’s Auto 9871 Maple Grove World of Maple World of Maple Pkwy Grove LLC Grove Minnesota Fine Total Wine & 12795 Elm Creek Wines & Spirits, More Blvd LLC Walgreen Co. Walgreens #01479 16750 CR 30 Walgreen Co. Walgreens #01916 13611 Grove Dr N Walmart Inc. Walmart #2882 9451 Dunkirk Ln N Tobacco Product Shop Licensees: Maple Grove City Council minutes December 19, 2022 Page 8 Licensee name Business name Address E Cigs MG Inc. E-Cig City 16387 CR 30 eCig Market eCig Market 13619 Grove Dr Corporation Maple Grove Maple Grove 13316 Bass Lake Tobacco Tobacco Rd North Star Smoker House 13543 Grove Dr N Tobacco Inc. AllanPaul Co., Inc. Tobacco Grove 8069 Wedgewood Ln N V. Approval of Prosecution Joint Powers Agreement with BCA Motion to approve the State of Minnesota Joint Powers Agreement with the City of Maple Grove on behalf of the city prosecutor. W. Approve claims Motion to approve claims totaling $ 5,058,400.07. Motion by Councilmember Jaeger, seconded by Councilmember Leith, to approve the consent items as amended, removing items 3C (Recruitment approval for deputy city clerk) and 3P (Adopt 2023 general fund budget and tax levy). Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Consideration of The following items were pulled from the consent agenda. items pulled from the agenda Regarding Item 3C (Recruitment approval for deputy city clerk), Councilmember Hanson thanked Deputy City Clerk Kim Greninger for her 22 years of dedicated service to the City of Maple Grove. She wished Kim a long and healthy retirement. Motion by Councilmember Hanson, seconded by Mayor Steffenson, to authorize staff to begin the recruitment process for the deputy city clerk position in the Administration Department due to the retirement of Kimberly Greninger with an effective date of January 20, 2023. Upon call of the motion by Mayor Steffenson, there Maple Grove City Council minutes December 19, 2022 Page 9 were five ayes and no nays. Motion carried. Regarding Item 3P (Adopt 2023 general fund budget and tax levy), Councilmember Leith stated the Council presented the 2023 budget and levy at the last meeting. He reported the Council has been working on the budget and tax levy for several months now. He thanked Finance Director Sticha and all of the finance staff for all of their efforts on these two items. Motion by Councilmember Leith, seconded by Councilmember Hanson, to adopt Resolution No. 22-182, Adopting for 2023 General Fund Budget and tax levy, the Road Reconstruction Fund tax levy, and the Capital Improvement Plan tax levy. 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. Firefighter Deputy Fire Chief Kummer introduced newly hired Firefighters swearing-in Erik Bryz-Gornia, Harlan Hegna, Steve Hornberger, Valeria Killian, Jan Koscielniak, Staci Kvasnik and Bryton Overton to the City Council. He commended each firefighter for completing their probationary period. Mayor Steffenson administered the oath of office to Firefighters Erik Bryz-Gornia, Harlan Hegna, Steve Hornberger, Valeria Killian, Jan Koscielniak, Staci Kvasnik and Bryton Overton and welcomed them to the Maple Grove Fire Department. Badges were pinned on and a round of applause was offered by all in attendance. Recognition of City Administrator Nelson shared a brief video with the City service for Council. Councilmember Karen Jaeger Mayor Steffenson thanked Councilmember Karen Jaeger for her 24 years of dedicated service to the City of Maple Grove. He stated Councilmember Jaeger has been a strong supporter of the community for the past two decades and he appreciated this strong commitment to the city. He thanked Maple Grove City Council minutes December 19, 2022 Page 10 Councilmember Jaeger for her dedication to the DARE program. He presented Councilmember Jaeger with a plaque on behalf of the city and stated she would be dearly missed. A round of applause and standing ovation was offered by all in attendance. Recognition of Mayor Steffenson thanked Councilmember Phil Leith for his service for 20+ years of dedicated service to the City of Maple Grove. He Councilmember explained Councilmember Leith served on the Planning Phil Leith Commission prior to serving on the City Council. He thanked Councilmember Leith for being an active leader in the community, with the Lions and stated he would be dearly missed. He then presented Councilmember Leith with a plaque on behalf of the city. A round of applause and standing ovation was offered by all in attendance. Public hearings 7:30 p.m. public City Administrator Nelson stated Dancing Ganesha was hearing requesting an On-Sale Wine and 3.2 Malt Liquor License. She reported all necessary paperwork and fees have been On-sale wine and submitted to the City. Staff recommended the Council hold a 3.2 malt liquor public hearing and approve the request. license for S and G Dining LLC dba Kuljit Singh Dancing Ganesha representative, introduced Dancing Ganesha himself to the Council and noted he currently had restaurants in Minneapolis and St. Louis Park. Mayor Steffenson discussed the liquor compliance training the city provided for all liquor license holders and their employees. He explained the city was available to help business owners comply with the liquor code. He reported liquor compliance tests would be conducted by the Maple Grove Police Department randomly throughout the year. Councilmember Hanson indicated the city takes liquor violations quite seriously. She encouraged Mr. Singh to get his employees and managers to the free training offered by the city. Motion by Councilmember Leith, seconded by Councilmember Barnett, to open the public hearing. Upon call of the motion by Mayor Steffenson, there were five ayes Maple Grove City Council minutes December 19, 2022 Page 11 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 Jaeger, seconded by Councilmember Barnett, 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 Mayor Steffenson, seconded by Councilmember Hanson, to approve the on-sale wine and 3.2% malt liquor license for S & G Dining LLC dba Dancing Ganesha, 11628 Fountains Drive, 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, 2023. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Liquor violation City Administrator Nelson reported the Maple Grove Police Department conducted alcohol compliance checks on Angel’s Liquor, November 2, 2022 and Angel’s Liquor served alcohol to a Inc. dba Angel’s minor. She explained Angel’s Liquor did not have any Liquor employees attending the alcohol compliance training on August 15, but did send four employees to the November 16 training. She reported this was Angel’s Liquor’s third violation since 2020. Councilmember Leith expressed concern with the fact Angel’s Liquor did not send any employees to the city sponsored training in August. Angel Erickson, owner of Angel’s Liquor, reported she has been in this industry for the past 36 years. She explained since COVID she has had a very hard time hiring employees. She stated her policy was to card everyone. She noted she offers cash incentives for her employees and indicated she has signage posted everywhere. She reported her employee simply did not card the underage decoy. She stated she has corrected the problem noting she had invested in a card scanner and had a representative from the card scanner company provide Maple Grove City Council minutes December 19, 2022 Page 12 training to her employees. She reported her employees could no longer run a transaction without scanning an ID. She understood the mistake was her responsibility and she accepted this. However, she believed she had done everything in her power to correct the problem. Councilmember Barnett asked if Ms. Erickson put the scanner in place after the third violation. Ms. Erickson stated this was the case. Mayor Steffenson asked what the Council’s options were for this violation. City Attorney Templin reported because this was a third violation in the last three years, the Council could impose a suspension of up to 10 days. He explained the Council imposed a three-day suspension with the last violation. Councilmember Leith stated he supported a seven-day suspension for Angel’s Liquor for their third violation. Councilmember Hanson supported this recommendation. She expressed concern with the fact Angel’s Liquor did not send any employees to the August training. Ms. Erickson reported she and her other three employees had attended the training provided in November. Councilmember Barnett indicated she was frustrated with the fact the scanner equipment was not put in place after the second violation. Ms. Erickson explained she began seeking scanner equipment for her POS (point of sale) system that was compatible with her equipment after the second violation but did not have it in place until after the third violation occurred. Councilmember Barnett feared a precedent would be set because Ms. Erickson had taken action after the fact, and took no action between the second and third violations. Councilmember Leith reported a fourth violation would require the liquor license to be revoked. Mayor Steffenson supported the liquor license for Angel’s Liquor being suspended for seven or eight days. Motion by Mayor Steffenson, seconded by Councilmember Hanson, to direct the city attorney to prepare appropriate Maple Grove City Council minutes December 19, 2022 Page 13 findings of fact and conclusion in support of the decision to impose a civil penalty of $2,000 per violation for Angel’s Liquor Inc. dba Angel’s Liquor, 7496 East Fish Lake Road, Maple Grove, Minnesota for a third violation within any three-year period and impose a suspension of the off-sale intoxicating liquor license for Angel’s Liquor for seven consecutive days for a third violation within any three-year period. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Liquor violation City Administrator Nelson reported the Maple Grove Police Department conducted alcohol compliance checks on Butcher and the November 2, 2022 and Max’s on Main served alcohol to a Artist LLC dba minor. She explained Max’s on Main did not have any Max’s on Main employees attending the alcohol compliance training on August 15, but did send two employees to the November 16 training. She reported this was Max’s on Main’s first violation since obtaining their liquor license in 2021. Raul Gracia, Max’s on Main representative, explained he was looking to implement card readers in the bar. He stated he would also be completing more training online for his employees. Mayor Steffenson expressed frustration with the number of violations that occurred. He explained the drivers license for those over 21 was horizontal and for those under 21 it was vertical. He noted the licenses for those under 21 state that very clearly. He recommended the staff at Max’s on Main pay attention more closely when carding patrons. He encouraged Max’s on Main to properly training their employees going forward. Councilmember Jaeger asked how the employees at Max’s on Main have been trained. Mr. Garcia reported staff was supposed to ask for an ID. Councilmember Leith stated in this violation, the server did not read the ID wrong, they did not even ask for an ID. 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 Maple Grove City Council minutes December 19, 2022 Page 14 decision to suspend the on-sale intoxicating liquor / Sunday sale license for two days for Butcher and the Artist LLC dba Max’s on Main, 7890 Main Street, Maple Grove, Minnesota for a first violation within any three-year period and impose a civil penalty of up to $2,000 per violation. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Liquor violation City Administrator Nelson reported the Maple Grove Police Department conducted alcohol compliance checks on CRAVE Maple November 2, 2022 and CRAVE served alcohol to a minor. She Grove LLC dba explained CRAVE did not have any employees attending the CRAVE alcohol compliance training on August 15, but did send ten employees to the November 16 training. She reported this was CRAVE’s first violation since obtaining their liquor license in 2018. Mayor Steffenson expressed frustration with the fact the server at CRAVE had not bothered to ask for an ID. Misty Eytcheson, CRAVE Manager, explained the employee at fault had just attended wine training where the importance of carding was discussed. Mayor Steffenson encouraged CRAVE to consider purchasing a card reader and to properly train their employees to ensure sales are not occurring to minors. Ms. Eytcheson commented further on how the current POS system works. Mayor Steffenson reiterated that it would benefit CRAVE to encourage all employees to card patrons wishing to buy alcohol. Motion by Councilmember Hanson, seconded by Councilmember Jaeger, 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 two days for CRAVE Maple Grove LLC dba CRAVE, 12734 Elm Creek Blvd, Maple Grove, Minnesota for a first violation within any three-year period and impose a civil penalty of up to $2,000 per violation. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Maple Grove City Council minutes December 19, 2022 Page 15 Liquor violation City Administrator Nelson reported the Maple Grove Police Department conducted alcohol compliance checks on Grove Up LLC dba November 2, 2022 and Pizza Karma served alcohol to a minor. Pizza Karma She explained Pizza Karma did not have any employees attending the alcohol compliance trainings on either August 15 or the November 16 training. She reported this was Pizza Karma’s first violation since obtaining their liquor license in 2022. Mahi Mahipathi, Pizza Karma’s representative, reported Pizza Karma has been in business for the past four years. He explained he was shocked to learn about the liquor violations. He indicated he was the first person to sign up for the training in Maple Grove when it is offered. He stated even with the shortage in staff, ID’s are supposed to be checked on every beer or wine sale. He sincerely apologized for the violation. He assured the city this type of violation would not occur again. He stated he spoke to his employees and let them know beer or wine would not be sold if this were to occur again. Councilmember Hanson asked if any employees attended the August training. Mr. Mahipathi stated he attended the alcohol compliance training in August that was provided by the city. Councilmember Hanson reported the server asked for an ID, but did not pay close enough attention. Mr. Mahipathi explained he had spoken to the employee and understood this to be the case. Motion by Councilmember Hanson, seconded by Councilmember Jaeger, to direct the city attorney to prepare appropriate findings of fact and conclusion in support of the decision to suspend the on-sale wine and 3.2% malt liquor license for two days for Grove Up LLC dba Pizza Karma, 11611 Fountains Drive, Maple Grove, Minnesota for a first violation within any three-year period and/or impose a civil penalty of up to $2,000 per violation. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Liquor violation City Administrator Nelson reported the Maple Grove Police Department conducted alcohol compliance checks on Haskell’s Inc. dba November 2, 2022 and Haskell’s served alcohol to a minor. She Maple Grove City Council minutes December 19, 2022 Page 16 Haskell’s explained Haskell’s did not have any employees attending the alcohol compliance training on August 15, but did send fourteen employees to the November 16 training. She reported this was Haskell’s first violation since obtaining their liquor license in 2013. Councilmember Jaeger reported she frequented Haskell’s and noted she was always carded. Ted Farrell, Haskells representative, explained he was stunned that this happened. He noted Haskell’s has been in operation for the past 87 years. He commented on the policies they have in place and noted the employee at fault was terminated on the spot because alcohol sales to minors was not tolerated. Councilmember Hanson stated she visited Haskell’s on two separate occasions after the violation and she was not carded on either visit. She encouraged Haskell’s to provide additional training to their employees. Mr. Farrell discussed how his employees were part-time in nature and have been coming and going since COVID. He agreed that he could provide his employees with additional training. Brian Farrell, Haskell’s representative, commented further on the safety feature that was built into the POS system. He understood it was a privilege to have a liquor license in Maple Grove and stated he would do what it takes to make sure this doesn’t happen again. 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 impose a civil penalty of up to $2,000 per violation for Haskell’s Inc. dba Haskell’s, 15304 Grove Circle N, Maple Grove, Minnesota for a first violation within any three-year period and staying the two-day suspension of the off-sale intoxicating liquor license for Haskell’s. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Liquor violation City Administrator Nelson reported the Maple Grove Police Department conducted alcohol compliance checks on Walmart Inc. dba November 2, 2022 and Walmart served alcohol to a minor. She Maple Grove City Council minutes December 19, 2022 Page 17 Walmart #2882 explained Walmart did not have any employees attending the alcohol compliance training on August 15 or November 16. She reported this was Walmart’s first violation since obtaining their liquor license in 2011. Michael Sheldahl, Walmart representative, reported Walmart has a zero tolerance for this type of occurrence. He explained the employee that conducted this transaction was terminated immediately. He discussed the in-house training that all employees had to complete twice a year. He noted all registers require a date of birth when trying to purchase alcohol. Councilmember Leith stated he understood the employee asked for an ID, but did not enter the proper DOB. Mr. Sheldahl explained the employee opted to override the DOB portion of the sale. Mayor Steffenson reported he did not understand why liquor sales don’t require all ID cards to be scanned. He did not support a DOB being entered, because employees could enter any DOB they wanted. He suggested Walmart consider purchasing a scanner system for the #2882 store. 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 impose a civil penalty of up to $2,000 per violation for Walmart Inc. dba Walmart #2882, 9451 Dunkirk Lane, Maple Grove, Minnesota for a first violation within any three-year period and staying the two-day suspension of the off-sale intoxicating liquor license for Walmart. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Community and economic development items Eagle Point Associate Planner Corrow explained the applicant is proposing planned unit a planned unit development, concept stage plan, development development stage plan, rezoning, and final plat for the purpose of splitting Maple Grove City Council minutes December 19, 2022 Page 18 concept stage the 2.72-acre property into two lots. The existing home would plan, remain on a 1.45-acre lot and a new 1.27-acre lot will be development created on the north end of the property. The property is to stage plan, be rezoned from R-A to R-1 PUD and the submitted plans are rezoning, and consistent with the R-1 zoning district. Staff commented final plat further on the request and reported the Planning Commission recommends approval. Councilmember Jaeger expressed concern with the affordability of the proposed lots. Bozidar Djuranovic, the applicant, introduced himself to the Council and thanked them for their consideration. He noted he was proposing the lot split and was working to keep the lots a nice size so as not to adversely impact the neighbors. Motion by Councilmember Leith, seconded by Councilmember Jaeger, to direct the city attorney to draft a resolution and a planned unit development agreement approving Eagle Point planned unit development concept stage plan, 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. Hennepin County dated December 13, 2022 b. The Parks & Recreation Department dated December 6, 2022 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 recommend that the City Council direct the city attorney to draft an ordinance approving the rezoning from RA, Single-Family Agricultural to R1 PUD, Single-Family Residential Planned Unit Development. 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 Maple Grove City Council minutes December 19, 2022 Page 19 each month. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Maple Grove Pet Associate Planner Corrow explained the applicant is requesting Hospital planned a development stage plan approval for the purpose of unit constructing a 5,400 square foot veterinary clinic on a recently development created outlot at the former AMC Theater property. The stage plan proposal follows the guidance of the comprehensive plan and is consistent with the concept plan approved in 2021. Staff commented further on the request and reported the Planning Commission recommended approval. Dan Terwilliger, Launch Properties representative, introduced himself to the Council. He explained he would be selling the building pad to Maple Grove Pet Hospital. Councilmember Jaeger asked if this site would serve only as a surgical space for pets. Jeff Smith, Maple Grove Pet Hospital representative, reported he was proposing to build a traditional pet hospital that would provide pet services and surgery. Councilmember Jaeger questioned if the pet hospital would have overnight stays for the pets. Mr. Smith indicated this would only occur on rare or emergency situations. He stated he would do no boarding at this facility. Councilmember Jaeger requested further information regarding the pet relief area. Mr. Smith discussed the location and purpose of the pet relief area. He noted all waste would be cleaned up immediately in this area. Motion by Councilmember Jaeger, seconded by Councilmember Leith, to direct the city attorney to draft a resolution and a planned unit development agreement approving the Maple Grove Pet Hospital PUD development stage plan subject to: 1. The applicant addressing to the satisfaction of the city any remaining applicable comments contained in the Maple Grove City Council minutes December 19, 2022 Page 20 memorandums from: a. The Community & Economic Development Department dated November 28, 2022 b. The Engineering Department dated December 12, 2022 c. The Fire Department dated November 18, 2022 d. The Parks & Recreation Department, dated November 30, 2022. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Zoning ordinance Associate Planner Corrow explained the Planning Commission text amendment generally favored the ordinance amendment that will regulate the placement of donation collections bins. The code language Donation provided to them included a provision that would allow for collection bins only one donation collection bin on a property. The Planning Commission recommended removing this provision in order to allow for multiple collection bins if there is increased demand at a certain location. The consensus was that if a collection bin becomes full, allowing an additional bin would prevent donatable items from being left outside the bin. Staff is comfortable with this revision and has reflected this change in the ordinance language provided to the City Council. Staff commented further on the request and reported the Planning Commission recommended approval. Councilmember Hanson stated this ordinance was not to encourage donation bins, but rather was to regulate the bins. Associate Planner Corrow reported this was the case. Councilmember Leith questioned how many donation bins were in the city at this time. Associate Planner Corrow stated there were several issues last year, which led staff to create the proposed ordinance. Councilmember Hanson commented she has seen these types of donation bins in other communities. She understood these types of bins can become dumping areas and she appreciated the fact the city was working to regulate the operation of these bins. Motion by Councilmember Leith, seconded by Maple Grove City Council minutes December 19, 2022 Page 21 Councilmember Hanson, to direct the city attorney to draft an ordinance approving the zoning ordinance text amendment amending City Code Article VI regarding Industrial District and Section 26 – Solid Waste Management regarding donation collection bins. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Zoning ordinance Assistant Community and Economic Development Director text amendment Angell explained over the course of the past few months, city staff have received inquiries from potential businesses whose Interim use primary sales are of new and/or used firearms. Per the existing permit firearm zoning code, the retail sale of firearms is an allowed use within sales the B-Business zoned districts within the city. Upon review of the zoning code related to this item and after comparison to and review of other cities throughout the metro, it is recommended that firearm sales be included in the business types which require an interim use permit (IUP). The proposed ordinance amendment would require an interim use permit for any firearm sales business seeking to locate within the city. The proposed ordinance would not prohibit this use within the city but ensure that it meets certain criteria as defined in the ordinance. Proposed criteria include a distancing requirement of being at least 1,000 feet from any public or private primary or secondary school (distanced from the building), user being in full compliance any state and federal laws and regulations, and the user having the proper insurance. The 1,000 feet from school buildings would impact a small number of neighborhood commercial buildings adjacent to the following schools: • Elm Creek Elementary • Parnassus Preparatory School • Osseo Senior High School • Maple Grove Junior High School • Noble Academy (Brooklyn Park) Assistant Community and Economic Development Director Angell reported the proposed 1,000-foot buffer from school buildings is not a required item and can be reduced, enlarged, or removed entirely dependent on the council’s preference. Staff recommend this item be an IUP rather than a conditional Maple Grove City Council minutes December 19, 2022 Page 22 use permit so that the approvals as granted are specific to each individual business rather than the property. Should a retail sales business permanently close, the interim use permit would no longer be valid. Staff explained the proposed ordinance is only applicable to the retail sales of firearms and would not change any of the existing regulations related to the use of firearms which is covered in City Code Sec. 20-63 Dangerous weapons. The proposed ordinance was reviewed at the December 12, 2022, Planning Commission meeting. The commission voted 4-2 to recommend the City Council adopt Ordinance No. 22-23 following an extensive discussion on the item. The primary discussion topic related to this item was in regards to the 1,000-foot buffer from schools. Additional discussions pertained to the insurance requirements and the interim use permit process. It was noted staff did reach out to the businesses that would be impacted by the proposed ordinance and stated only two responded to city staff. Mayor Steffenson asked how the 1,000 feet would be measured. Assistant Community and Economic Development Director Angell explained the 1,000 feet would be measured from building to building and not the property lines. Councilmember Barnett stated she was concerned with the number of buildings on a secondary school property and suggested this language be further clarified. Assistant Community and Economic Development Director Angell indicated the 1,000 feet applied strictly to buildings that house students and not administrative staff. Councilmember Leith reported he appreciated the IUP process that would be followed for these businesses. He indicated he supported the insurance requirements as well. He stated he was struggling with the 1,000-foot requirement because there was no state or federal requirements in place. Councilmember Jaeger questioned if Osseo’s Gun Club was a shooting range only, or did they also permit gun sales. Councilmember Leith stated gun sales were allowed at the Osseo Gun Club. He questioned how many businesses would be impacted by the 1,000-foot requirement. Assistant Community and Economic Development Director Angell stated Maple Grove City Council minutes December 19, 2022 Page 23 there were seven businesses that would be impacted by this ordinance. Councilmember Barnett questioned if the city had any pawnshops. Assistant Community and Economic Development Director Angell reported the city did not have any pawnshops. He commented further on the distancing and licensing that was required for pawnshops. Councilmember Barnett inquired what the purpose was for the 1,000 feet. Assistant Community and Economic Development Director Angell stated this requirement was in place because gun sales were viewed as an adult use and should not be viewed by children while in school. Councilmember Barnett asked how IUP’s would be addressed if a school were to expand its building footprint. Assistant Community and Economic Development Director Angell reported the IUP would be able to remain in place if approved prior to the building expansion. Mayor Steffenson requested further information regarding the differences between a CUP and an IUP. Assistant Community and Economic Development Director Angell reported a CUP runs with the property and an IUP does not. He explained if a business were to close or sell, the new owner would have to obtain an IUP for gun sales. Councilmember Barnett suggested gun sales be held to the same distance requirements as adult uses and pawnshops. Assistant Community and Economic Development Director Angell indicated both of these uses have buffers from schools. He discussed how pawnshops were linked to other crimes, which required them to have higher restrictions in place. Councilmember Leith stated he liked the IUP idea and the insurance requirement. However, he noted he was struggling with the 1,000-foot requirement. Councilmember Barnett agreed stating she had not seen any data as to why the 1,000 buffer should be put in place. She feared that the city would be putting a restriction on businesses if this ordinance were approved. She stated she did Maple Grove City Council minutes December 19, 2022 Page 24 not want to see guns in schools. She believed if the goal was to set social policy, then more than 1,000 feet should be required but if it was being looked at from a regulation process, she did not support the 1,000 feet. Councilmember Jaeger asked if Councilmember Barnett supported tabling action on this item. Councilmember Barnett indicated she could support the ordinance moving forward minus the 1,000-foot restriction. Councilmember Hanson stated she agreed with these thoughts noting she did not understand the purpose of the 1,000 buffer. She explained she would have appreciated more information regarding the 1,000 buffer. She commented she would have appreciated this item coming before the Council at a worksession meeting for additional discussion. Mayor Steffenson reported the Council could table action on this item, or direct staff to modify the 1,000-foot restriction. Community and Economic Development Director Hogeboom reported staff discussed this too and noted the biggest reason behind this ordinance would be to create a manner in which staff could catalogue where gun sales were occurring in the community, in the event there was a time of civil unrest. He noted staff was comfortable with the 1,000-foot requirement even without the data to back it up. Motion by Mayor Steffenson, seconded by Councilmember Leith, to recommend the City Council adopt Ordinance No. 22-23 amending City Code 36- 483 to include retail firearm sales as an interim use in the B Business district under certain conditions and to add Section 16-454 to define insurance requirements for firearm sales uses removing the 1,000-foot buffer requirement, and authorizing the publication of an ordinance summary. 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 and economic • The Planning Commission would meet next on Monday, Maple Grove City Council minutes December 19, 2022 Page 25 development January 9 at 7:00 p.m. where a proposal for the AMC site items between Malone’s and Red Lobster would be considered. Engineering- public works items Report on Director of Public Works/City Engineer Ashfeld updated the upcoming Council regarding the following: engineering • The city’s wellhead protection plan was being considered items for approval by the MPCA and DNR. • Staff encouraged the public to drive safely in the challenging weather. Administration items 2023 legislative City Administrator Nelson stated looking ahead to the 2023 agenda and legislative session, staff has prepared a 2023 legislative agenda authorization to for the City Council’s consideration. The priority continues to enter into a be state bonding in support of the expansion and renovation legislative of the Maple Grove Community Center, as well as services transportation funding for the US Hwy 169/Elm Creek agreement for Boulevard interchange reconstruction project, and a sales tax the 2023 and exemption on construction materials for the North Metro 2024 legislative Regional Public Safety Training Facility. Also included are sessions supporting position statements for initiatives that are represented by member organizations for issues that have directly affected Maple Grove by either the presence or absence of legislation. The list is intended to identify priority issues; thus it is not all inclusive of legislative issues that municipalities face. Staff recommends continuing with Lockridge Grindal Nauen P.L.L.P. for consulting services for monitoring, reporting, and lobbying related to state legislative and administrative matters, particularly those impacting Maple Grove. The cost for the agreement with Lockridge Grindal Nauen is $40,000 annually for both 2023 and 2024. Councilmember Barnett asked if the city was still under contract with the group out of Washington DC. City Administrator reported the city was under contract with this group until the end of December 2022. She explained the city Maple Grove City Council minutes December 19, 2022 Page 26 was included in the federal funding bill with $2.75 million for the TH610 project. Motion by Mayor Steffenson, seconded by Councilmember Barnett, to adopt the 2023 legislative agenda as presented. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Motion by Councilmember Barnett, seconded by Councilmember Hanson, to approve authorizing the mayor to execute a legislative services agreement in the amount of $40,000 annually with Lockridge Grindal Nauen P.L.L.P. for 2023 and 2024. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Report on City Administrator Nelson explained that the Council has her upcoming Monday report if there are any questions. She noted the first administration Council meeting in the new year would be held on January 3, items 2023. She thanked Councilmember Leith and Councilmember Jaeger for their service to the City of Maple Grove. Adjourn to EDA Mayor Steffenson adjourned the City Council meeting to the meeting EDA meeting at 9:23 p.m. Reconvene to Mayor Steffenson reconvened the regular City Council meeting regular meeting at 9:38 p.m. Items added to Councilmember Jaeger encouraged residents to visit the the agenda farmers market on Tuesday, December 20 from 3 to 6 p.m. Councilmember Jaeger reported the police are asking residents with outdoor cameras to get them registered with the Maple Grove Police Department. Councilmember Jaeger asked that residents not oversalt their sidewalks and driveways as this impacts the city’s waterways. Councilmember Jaeger commented she has been on the City Council for the past 24 years. She discussed the numerous developments that have occurred in this time, which included the Government Center and hospital in Maple Grove. She stated she was very proud of the way the community has developed and she was proud to have been a part of things. She hoped that as the city moves forward that it continues to Maple Grove City Council minutes December 19, 2022 Page 27 be a place people want to live and play. Councilmember Leith stated Maple Grove has been his home for over 35 years. He noted the last 20 years he has been serving on the City Council. He reported when he moved to Maple Grove there were 33,000 people and now there were over 70,000 people. He discussed how the community has changed in the past 20 years and noted he was proud to have been a part of the projects that were completed. He explained he was proud of the city’s Police Department as well as the parks and trails in the community. He thanked the residents of Maple Grove who have supported him over the years. He thanked Mayor Steffenson for his friendship and guidance over the years. He thanked staff for their guidance and service to the community over the years. He thanked his wife Beth for her support over the years. He encouraged the Council to keep up the great work and wished everyone happy holidays. Mayor Steffenson stated when Councilmember Leith and Councilmember Jaeger were voted onto the Council, Maple Grove was viewed as a bedroom community. He stated over the past 20+ years Maple Grove has developed into one of the best cities to live in in America. He indicated this was a great legacy for Councilmember Leith and Councilmember Jaeger to leave with the community. He thanked Councilmember Jaeger and Councilmember Leith for their time and dedicated service to the City of Maple Grove. Councilmember Leith thanked Councilmember Jaeger for her tremendous service to the community and for her commitment to the DARE program. He thanked her for always being willing to step in and help attend a Park Board meeting. Councilmember Jaeger stated she has enjoyed serving with Councilmember Leith. She explained she appreciated the fact that even if the Council disagreed at times over the years, they have all remained friends. Councilmember Hanson thanked Councilmember Jaeger and Councilmember Leith for being strong mentors to her. She thanked them for being great colleagues and friends. Councilmember Barnett explained she moved to Maple Grove Maple Grove City Council minutes December 19, 2022 Page 28 in 2004 based on all of the work Councilmember Jaeger and Councilmember Leith had done for the community. She stated she appreciated the leadership Councilmember Jaeger and Councilmember Leith provide to the community and their strong leadership led her to want to be a Councilmember. She thanked each of them for their hard work and thanked them both for their service. Adjournment Motion by Councilmember Jaeger, seconded by Councilmember Leith, to adjourn to the regular City Council meeting on January 3, 2023 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 9:57 p.m. by Mayor Steffenson. Respectfully submitted, Heidi Nelson City Administrator