Maple Grove City Council Meeting. Meeting Minutes. December 20, 2010

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1 Maple Grove City Council Meeting Meeting Minutes 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, 2010 at the Maple Grove Government Center/Public Safety Facility, Hennepin County, Minnesota. Members present were Mayor Mark Steffenson and Councilmembers LeAnn Sargent, Karen Jaeger, Phil Leith, and. Erik Johnson. Absent was none. Present also were Al Madsen, City Administrator; City Planner; Ken Ashfeld, Public Works Director/City Engineer; and George Hoff, 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 Deletions to the Agenda Mayor Steffenson asked if there were any additions and/or deletions to the Consent Agenda to which Al Madsen stated the following: Item Amended to the Agenda None Item Amended to the Consent Agenda None Item Added to the Agenda None Consent Items Item Removed from the Consent Agenda for Discussion 3T. Park Board Retirement The following Consent Items were presented for Council s approval: MINUTES A. Regular Meeting December 6, 2010

2 Page 2 SCHOOLS AND CONFERENCES No Items to Present. PERSONNEL ITEMS B. Probationary Paid-on-Call Firefighter Appointment Motion to approve the hiring of Cody Ellos to the position of Probationary Paid-on-Call Firefighter (starting salary $10.37/hr), effective on December 21, 2010 subject to an 18- month probationary period. All required screenings and background checks have been successfully completed. C. Probationary Paid-on-Call Firefighter Appointment Motion to approve the hiring of Christine Dolezal to the position of Probationary Paid-on-Call Firefighter (starting salary $10.37/hr), effective on December 21, 2010 subject to an 18- month probationary period. All required screenings and background checks have been successfully completed. D. Probationary Paid-on-Call Firefighter Appointment Motion to approve the hiring of Sean Cullen to the position of Probationary Paid-on-Call Firefighter (starting salary $10.37/hr), effective on December 21, 2010 subject to an 18- month probationary period. All required screenings and background checks have been successfully completed. E. Police Officer Appointment Motion to approve the hiring of John Sysaath to the position of Police Officer (2010 contract wage schedule; starting salary step, $47, annually), effective on December 22, 2010 subject to 12-month probationary period. All required screenings and background checks have been successfully completed. COMMUNITY DEVELOPMENT ITEMS F. City of Maple Grove Public Works Facility Expansion Administrative Lot Combination

3 Page 3 Motion to approve the requested Administrative Lot Combination of parcel PIDs and G. Xenium Highlands Addition Short Plat - Resolution No Motion to adopt Resolution No approving the Preliminary and Final Plat of Xenium Highlands Addition, subject to the applicant addressing to the satisfaction of the City the comments contained in the memorandums from the Park Planner and Assistant City Engineer dated November 29 and November 16, 2010 as well as the dated November 29, 2010 from the Water Resources Engineer. 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. H. Whistling Pines Final Plat - Resolution No Motion to adopt Resolution No approving the Final Plat of Whistling Pines, subject to the applicant addressing to the satisfaction of the City the comments contained in memorandums from the Park Planner and Assistant City Planner, dated November 15 and November 16, 2010, respectively. Additionally, the applicant shall provide specific detail for Lot 15, Block 2 regarding the proposed pool house. The applicant shall enter into a Planned Unit development Agreement with the City. 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. I. Cedar Pond Estates PUD Concept and Development Stage Plan

4 Page 4 Motion to remove this item from the table. Motion to table this item until January 3, 2011 City Council meeting. ENGINEERING ITEMS J. Sureties Motion to approve the surety actions as identified on the Council Action Form. K. Misty Run Project No Project Establishment Resolution No Motion to adopt Resolution No establishing Misty Run Area Street and Utility Project No , receiving surety and ordering feasibility report. L. Whistling Pines Developer s Agreement Motion to approve the Whistling Pines developer s agreement and authorizing the Mayor and City Clerk to execute said agreement. M. Public Works Facility Expansion Project No Accept Bids Resolution No Motion to adopt Resolution No changing name of Project No from Maintenance and Operations Facility Project No to Public Works Facility Expansion Project No and accepting bid for Public Works Facility Expansion Project No ADMINISTRATIVE ITEMS N. Cancel Tax Levy Resolution No Motion to adopt Resolution No canceling a tax levy. O. Designation of Official Depositories Motion to approve the following designations of official

5 Page 5 depositories for City funds. City Checking Account U.S. Bank City Payroll Account U.S. Bank Woodland Mounds Checking U.S. Bank Park Board Checking U.S. Bank Sunshine Fund Checking U.S. Bank Investments Dain Rauscher and Wells Fargo P General Fund Budget Resolution No Motion to adopt Resolution No adopting for 2011 the general fund budget, the general obligation debt service fund budget, the road reconstruction fund budget, and setting a tax levy for Q. Award Bid for Fire Station #1 Construction Project Motion to accept the bid of $676,346 from Kue Construction for the remodeling of Fire Station #1 including the bid options for the balcony on the hose tower and the breathing air compressor and not including the deduct option for floor finishing, and to authorize the City Administrator and Fire Chief to sign contract documents on behalf of the City subject to contract review and approval by City Attorney. R. Maple Grove Sports Dome Resolution No Motion to adopt Resolution No accepting and awarding and rejecting certain items for the Sports Dome project and authorize the City Clerk to execute the document contingent on final review by the City Attorney and the Parks and Recreation Director. The motion includes accepting alternate 4 for enhanced security lighting. The motion also includes rejecting alternate 1-lavatory, alternate 2-signage, alternate 3-dome fabric and alternate 5-brick. Motion to approve the first amendment to the RJM Construction contract including setting the guaranteed maximum price of $4,498,000 and authorize the Mayor and City Administrator to execute the document contingent on final review by the City Attorney and Parks and Recreation Director.

6 Page 6 Motion to approve the assignment of contract with RJM Construction and authorize the Mayor and City Administrator to execute the document contingent on final review by the City Attorney and Parks and Recreation Director. Motion to approve purchasing artificial using the NJPA purchasing program from Atlas Track and Tennis in accordance with Resolution No Authorize the Mayor and City Administrator to execute the contract contingent on final review by the City Attorney and Parks and Recreation Director and further contingent upon RJM s execution of the assignment of contract. S. Set Public Hearing to Consider On Sale Intoxicating/Sunday Sale License for Kinseth Hotel Corporation FOB Citizens Independent Bank Motion to approve setting a public hearing for 7:30 p.m. on Monday, January 3, 2011 to review the On-Sale Intoxicating/Sunday Sale License for Kinseth Hotel Corporation FOB Citizens Independent Bank dba Cambria Suites, 9655 Grove Circle North, 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, T. Park Board Retirement This Item was removed by Staff for further discussion. CLAIMS U. Motion to approve the claims as listed: City: $1,410, Woodland Mounds: $21, Purchasing Card: $25, Motion by Councilmember Sargent, seconded by Councilmember Jaeger, to approve the Consent Items as amended, removing item 3T (Park Board Retirement). Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried.

7 Page 7 Consideration of Items Pulled from the Agenda The following items were pulled from the Consent Agenda. Regarding Item 3T (Park Board Retirement), Mayor Steffenson thanked Patty Hoffman for her many years of dedicated service to the City as a Park Board member. Councilmember Sargent thanked Patty Hoffman as well for her diligent work on the Community Center. She wished her well in the future and indicated she would be dearly missed by the City. Councilmember Leith appreciated the work completed by Patty Hoffman on behalf of the City. Councilmember Johnson stated 25 years was a great deal of time to volunteer to the City. He thanked Ms. Hoffman for the groundwork she laid through the Park Board and the impact she has had on the parks and trails throughout the City. Councilmember Jaeger explained she did not know Ms. Hoffman that well, but read through an she received from former Councilmember Irene Koski highlighting the vision and guidance Ms. Hoffman provided to the City s parks. The Council presented Ms. Hoffman with a Public Service Recognition plaque and congratulated her on 25 years of service to the community. A round of applause was offered to Ms. Hoffman. Special Business Open Forum 7:30 p.m. Public Motion by Councilmember Sargent, seconded by Councilmember Jaeger, to accept the retirement of Patty Hoffman from the Parks and Recreation Board. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. There were no open forum issues brought before the Council at this meeting. City Administrator Madsen explained that the Maple Grove Police Department recently conducted alcohol compliance checks and alcohol was served to a minor undercover at

8 Page 8 Hearing Liquor Violation Biaggi s Ristorante Italiano Biaggi s Ristorante Italiano. This is their first violation. Notice was given of the entitlement to a hearing on the alleged violation under Maple Grove Ordinance Code Section The applicant has not contested the charges and admits fault. Staff recommended Council direct staff to impose the $2,000 penalty. Mark Borowiak, th Street NE, indicated he was the managing partner at Biaggi s. He explained he has operated restaurants for 11 years in Maple Grove and was embarrassed by this incident. Mr. Borowiak understood that serving alcohol was a privilege and he would work diligently with his staff to retrain them on proper alcohol service. Motion by Mayor Steffenson, seconded by Councilmember Jaeger, to approve directing staff to prepare appropriate findings of fact and conclusions in support of the decision to suspend for two days the On-Sale Intoxicating/Sunday Sale Liquor License for Biaggi s Ristorante Italiano, LLC dba Biaggi s Ristorante Italiano, Elm Creek Boulevard, Maple Grove, Minnesota, and impose a civil penalty of $2,000 at the next Council meeting. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. 7:30 p.m. Public Hearing Liquor Violation El Rodeo Mexican Restaurant City Administrator Madsen explained that the Maple Grove Police Department recently conducted alcohol compliance checks and alcohol was served to a minor undercover at El Rodeo Mexican Restaurant. This is their first violation. Notice was given of the entitlement to a hearing on the alleged violation under Maple Grove Ordinance Code Section The applicant has not contested the charges and admits fault. Staff recommended Council direct staff to impose the $2,000 penalty. The restaurant owner was assisted this evening through translator, Pablo Ferreira, Gardner & Association. All information regarding the penalty was explained in detail to the restaurant owner. Jose Antonio Rojas, th Circle North, indicated after the incident he held a meeting with his staff to discuss the training of the employees. This was the first incident at El Rodeo Mexican Restaurant in three years of operation. The owner did

9 Page 9 not want to have any further problems with the City of Maple Grove and apologized for the incident with his staff. Councilmember Jaeger questioned if the owner had attended the alcohol training with the Police Department. Mr. Rojas explained he attended the training along with his brother and another business associate. Councilmember Sargent requested that subsequent training require staff to view all patrons ID s. Mr. Rojas understood all patrons should be carded. He apologized for the mistake. Motion by Councilmember Jaeger, seconded by Councilmember Leith, to approve directing staff to prepare appropriate findings of fact and conclusions in support of the decisions to suspend for two days the On-Sale Intoxicating/Sunday Sale Liquor License for Rochoas, LLC dba El Rodeo Mexican Restaurant, th Circle North, Maple Grove, Minnesota, and impose a civil penalty of $2,000 at the next Council meeting. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. 7:30 p.m. Public Hearing Liquor Violation Famous Dave s City Administrator Madsen explained that the Maple Grove Police Department recently conducted alcohol compliance checks and alcohol was served to a minor undercover at Famous Dave s. This is their first violation. Notice was given of the entitlement to a hearing on the alleged violation under Maple Grove Ordinance Code Section The applicant has not contested the charges and admits fault. Staff recommended Council direct staff to impose the $2,000 penalty. John Jarvis, 212 Panarama Avenue, indicated he has been the Famous Dave s manager since Mr. Jarvis explained he held a mandatory all staff meeting after the violation to conduct corporate training after the incident. He indicated this was Famous Dave s first violation in 14 years and understood that the liquor license was a privilege. Mayor Steffenson requested all staff to ask for ID s from all patrons. Mr. Jarvis understood the necessity of view ID s. Motion by Councilmember Sargent, seconded by Councilmember Leith, to approve directing staff to prepare appropriate findings of fact and conclusions in support of

10 Page 10 the decisions to suspend for two days the On-Sale Intoxicating/Sunday Sale Liquor License for D & D of Minnesota, Inc. dba Famous Dave s, 7825 Vinewood Lane, Maple Grove, Minnesota, and impose a civil penalty of $2,000 at the next Council meeting. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Report On Upcoming Community Development Items Report on Upcoming Engineering Items Al Madsen, City Administrator Adjourn to HRA Meeting Reconvene to Regular Meeting Items Added to the Agenda Community Development Director Edwards stated there was nothing to report. Director of Public Works/City Engineer Ashfeld stated there was nothing to report. Mr. Madsen explained that the Council has his Monday report if there are any questions. He congratulated Park and Recreation Director Terry Just for receiving the Clifton French Distinguished Service Award from the Minnesota Recreation and Park Association. This is the highest achievement that can be awarded to an individual. In addition, Chuck Stifter received the Jack Niles Award from the Minnesota Recreation and Park Association. Motion by Councilmember Sargent, seconded by Councilmember Jaeger, to Adjourn to an HRA Meeting at 7:59 p.m. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Motion by Councilmember Jaeger, seconded by Councilmember Sargent, to reconvene the Regular Meeting at 8:01 p.m. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. Mayor Steffenson requested the high school student in attendance this evening introduce himself to the Council. Jered Milleski stated he attended Maple Grove High School and indicated he was interested in Financial Investments and was

11 Page 11 hoping to attend college in Duluth. Adjournment Motion by Councilmember Jaeger, seconded by Councilmember Johnson, to adjourn to the regular City Council meeting on January 3, 2011 at 7:30 p.m. Upon call of the motion by Mayor Steffenson, there were five ayes and no nays. Motion carried. The meeting was adjourned at 8:02 p.m. by Mayor Steffenson. Respectfully submitted, Alan A. Madsen City Administrator