HomeMy WebLinkAbout2022-08-22 City Council Meeting Minutes
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, August 22, 2022
City Hall, Council Chambers
Meeting No. 18-22
A. CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to
order at 7:00 p.m. by Mayor Abrams
Mayor Abrams commented on how it feels like Fall is coming, with school around the corner,
State Fair starting in a week, road construction is ending, and Maplewood’s last summer get
together, Celebrate Summer, is coming August 31 at Edgerton Park and invited all to attend.
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL
Marylee Abrams, Mayor Present
Rebecca Cave, Councilmember Present
Kathleen Juenemann, Councilmember Present
William Knutson, Councilmember Present
Nikki Villavicencio, Councilmember Present
D. APPROVAL OF AGENDA
Councilmember Cave moved to approve the agenda as submitted.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
E. APPROVAL OF MINUTES
1. August 8, 2022 City Council Workshop Meeting Minutes
Councilmember Juenemann moved to approve the August 8, 2022 City Council Workshop
Meeting Minutes as submitted.
Seconded by Councilmember Cave Ayes – All
The motion passed.
2. August 8, 2022 City Council Meeting Minutes
Councilmember Juenemann moved to approve the August 8, 2022 City Council Meeting
Minutes as submitted.
Seconded by Councilmember Villavicencio Ayes – All
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The motion passed.
3. August 12, 2022 City Council Special Meeting Minutes
Councilmember Juenemann moved to approve the August 8, 2022 City Council Special
Meeting Minutes as submitted.
Seconded by Councilmember Knutson Ayes – All
The motion passed.
F. APPOINTMENTS AND PRESENTATIONS
1. Administrative Presentations
a. Council Calendar Update
City Manager Coleman gave an update to the council calendar and reviewed other topics of
concern or interest requested by councilmembers.
2. Council Presentations
None
3. Swearing-In Ceremony for Officer James Quirk
Public Safety Director Bierdeman addressed the council and introduced Officer Quirk. City
Clerk Sindt administered the oath. Officer Quirk addressed the council after the pinning of his
badge.
No Action Required.
4. Strategic Plan Update for Second Quarter 2022
Administrative Services & Performance Measurement Coordinator Knutson gave the
presentation.
Councilmember Villavicencio moved to accept the Strategic Plan Report for Second Quarter
of 2022.
Seconded by Councilmember Cave Ayes – All
The motion passed.
G. CONSENT AGENDA – Items on the Consent Agenda are considered routine and non-
controversial and are approved by one motion of the council. If a councilmember requests
additional information or wants to make a comment regarding an item, the vote should be held
until the questions or comments are made then the single vote should be taken. If a
councilmember objects to an item it should be removed and acted upon as a separate item.
Agenda items G4 and G8 were highlighted.
Councilmember Juenemann moved to approve agenda items G1-G9.
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Seconded by Councilmember Cave Ayes – All
The motion passed.
1. Approval of Claims
Councilmember Juenemann moved to approve the approval of claims.
ACCOUNTS PAYABLE:
$ 1,325,798.16 Checks # 109380 thru # 109402
dated 08/09/22
$ 596,136.02 Checks # 109403 thru # 109445
dated 08/16/22
$ 1,831,891.53 Disbursements via debits to checking account
dated 08/01/22 thru 08/14/22
$ 3,753,825.71 Total Accounts Payable
PAYROLL
$ 635,891.16 Payroll Checks and Direct Deposits dated 08/05/22
$ 635,891.16 Total Payroll
$ 4,389,716.87 GRAND TOTAL
Seconded by Councilmember Cave Ayes – All
The motion passed.
2. Financial Report for the Month Ended July 31, 2022
No Action Required.
3. Local Lawful Gambling Permit for Hill Murray School, 2625 Larpenteur Avenue
East
Councilmember Juenemann moved to approve the Local Lawful Gambling permit for Hill
Murray School for their event at 2625 Larpenteur Avenue East on April 29, 2023.
Seconded by Councilmember Cave Ayes – All
The motion passed.
4. Call for Special Meeting for August 29, 2022 to Discuss the Compensation Study
and the 2023 Budget
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Councilmember Juenemann moved to call a special meeting of the city council for Monday,
August 29, 2022 at 5:00 p.m. in the council chambers for the purpose of discussing the
Compensation Study and the 2023 Budget.
Seconded by Councilmember Cave Ayes – All
The motion passed.
5. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for
September 12, 2022, McMenemy Street Improvements, City Project 21-02
Councilmember Juenemann moved to approve the Resolution Accepting Assessment Roll
and Ordering Assessment Hearing, for the McMenemy Street Improvements, City Project 21-
02.
Resolution 22-08-2113
ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING
WHEREAS, the Clerk and the City Engineer have, at the direction of the City Council,
prepared an assessment roll for the McMenemy Street Improvements, City Project 21-02, and
the said assessment roll is on file in the office of the City Engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
th
1. A hearing shall be held on the 12 day of September 2022, at 7:00 p.m. to pass
upon such proposed assessment and at such time and place all persons owning
property affected by such improvement will be given an opportunity to be heard
with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to
the hearing, and to mail notices to the owner of all property affected by said
assessment.
The notice of hearing shall state the date, time and place of hearing, the general
nature of the improvement, the area to be assessed, that the proposed
assessment roll is on file with the clerk and city engineer and that written or oral
objections will be considered.
Seconded by Councilmember Cave Ayes – All
The motion passed.
6. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for
September 12, 2022, Cope Avenue Improvements, City Project 21-06
Councilmember Juenemann moved to approve the Resolution Accepting Assessment Roll
and Ordering Assessment Hearing, for the Cope Avenue Improvements, City Project 21-06.
Resolution 22-08-2114
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ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING
WHEREAS, the Clerk and the City Engineer have, at the direction of the City Council,
prepared an assessment roll for the Cope Avenue Improvements, City Project 21-06, and the
said assessment roll is on file in the office of the City Engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
th
1. A hearing shall be held on the 12 day of September 2022, at 7:00 p.m. to pass
upon such proposed assessment and at such time and place all persons owning
property affected by such improvement will be given an opportunity to be heard
with reference to such assessment.
2. The City Clerk is hereby directed to cause a notice of hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to
the hearing, and to mail notices to the owner of all property affected by said
assessment.
The notice of hearing shall state the date, time and place of hearing, the general
nature of the improvement, the area to be assessed, that the proposed
assessment roll is on file with the clerk and city engineer and that written or oral
objections will be considered
Seconded by Councilmember Cave Ayes – All
The motion passed.
7. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for
September 12, 2022, Gervais Area Pavement Rehabilitation, City Project 21-07
Councilmember Juenemann moved to approve the Resolution Accepting Assessment Roll
and Ordering Assessment Hearing, for the Gervais Area Pavement Rehabilitation, City Project
21-07.
Resolution 22-08-2115
ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING
WHEREAS, the Clerk and the City Engineer have, at the direction of the City Council,
prepared an assessment roll for the Gervais Area Pavement Rehabilitation, City Project 21-
07, and the said assessment roll is on file in the office of the City Engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
MAPLEWOOD, MINNESOTA:
th
1. A hearing shall be held on the 12 day of September 2022, at 7:00 p.m. to pass
upon such proposed assessment and at such time and place all persons owning
property affected by such improvement will be given an opportunity to be heard
with reference to such assessment.
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2. The City Clerk is hereby directed to cause a notice of hearing on the proposed
assessment to be published in the official newspaper, at least two weeks prior to
the hearing, and to mail notices to the owner of all property affected by said
assessment.
The notice of hearing shall state the date, time and place of hearing, the general
nature of the improvement, the area to be assessed, that the proposed
assessment roll is on file with the clerk and city engineer and that written or oral
objections will be considered.
Seconded by Councilmember Cave Ayes – All
The motion passed.
8. Agreement with Tyler Technologies for Finance Software
Councilmember Juenemann moved to approve the proposal from Tyler Technologies to
upgrade the City’s financial software to the Tyler Munis product, as described in the quotation
dated August 8, 2022, with a one-time software fee of $19,880, a one-time services fee of
$202,000, and a recurring fee of $74,718, for a total fee of $296,598. Further moved to
authorize the Mayor and City Manager to execute the Software Service Agreement with Tyler
Technologies, after approval by the City Attorney.
Seconded by Councilmember Cave Ayes – All
The motion passed.
9. Resignation Agreement and Release and Waiver of All Claims
Councilmember Juenemann moved to approve the Resignation Agreement and Release and
Waiver of All Claims; and authorize the Mayor and City Manager to execute the document.
Seconded by Councilmember Cave Ayes – All
The motion passed.
H. PUBLIC HEARINGS – If you are here for a Public Hearing please familiarize yourself with the
Rules of Civility printed on the back of the agenda. Sign in with the City Clerk before
addressing the council. At the podium please state your name and address clearly for the
record. All comments/questions shall be posed to the Mayor and Council. The Mayor will then
direct staff, as appropriate, to answer questions or respond to comments.
None
otion passed
I. UNFINISHED BUSINESS
None
J. NEW BUSINESS
1. Conditional Use Permit Resolution, NeuroRestorative, 822 McKnight Road
Community Development Director Thomson gave the staff report. Steve Miller, National
Facilities Operations Director for NeuroRestorative, addressed the council and provided
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further information. Sharon Berlin with NeuroRestorative gave additional information. Joe
Mauer, Engineer with NeuroRestorative, provided additional information.
The following residents spoke:
Louis Mariucci, 2222 Dahl Avenue E, St Paul
Brenda Anderson, 2217 Dahl Avenue E, St Paul
Jon Erickson, 2206 Matterhorn Lane, St Paul
Douglas Laska, 2314 Linwood Avenue E, Maplewood
Joann Waid, 2315 Timber Trail E, Maplewood
Eric Anderson, 2217 Dahl Avenue E, St Paul
Josh Evans, 2248 Matterhorn Lane, St Paul
Mayor Abrams moved to refer this matter back to staff and the Planning Commission for
additional consideration of the discussed items and return agenda item to City Council at a
future date.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
2. Sales of Cannabis Products
a. Interim Ordinance Authorizing Studies and Imposing a Moratorium on the
Initiations of Sales of Cannabis Products
b. Resolution Authorizing Publication of Ordinance by Title and Summary (4
votes)
City Attorney Batty gave the staff report.
Councilmember Juenemann moved to approve an Interim Ordinance Authorizing Studies and
Imposing a Moratorium on the Initiation of Sales of Cannabis Products.
Ordinance 1031
AN INTERIM ORDINANCE AUTHORIZING STUDIES AND IMPOSING A
MORATORIUM ON THE INITIATION OF SALES OF CANNABIS PRODUCTS
The City Council of the City of Maplewood ordains as follows:
Section 1. Legislative Findings and Authority
(A) There is a great deal of uncertainty regarding the effect of Minnesota Laws
2022, Chapter 98 amending Minnesota Statutes, section 151.72 (the “Act”)
regarding the sale of edible cannabinoid products (“Cannabis Products”).
(B) Because the Act received little publicity before it went into effect on July 1, 2022,
the city of Maplewood (the “City”) did not have an opportunity to study and
consider the potential impacts of the Act or to engage in policy discussions
regarding the potential regulation of sale of Cannabis Products by the City.
(C) The Act authorizes the Minnesota Board of Pharmacy to enforce the Act but the
Act does not provide for any licensing of manufacturers or of those who sell
Cannabis Products and is silent regarding the enactment of local regulations
related to Cannabis Products.
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(D) Although the Act does not expressly prohibit or limit local regulation of Cannabis
Products, the regulations established in the Act clearly do not constitute the
Legislature having occupied the field of regulation regarding the sale of
Cannabis Products.
(E) The city council finds the uncertainties associated with sale of Cannabis
Products, as well as the options for local regulation, strongly suggest the need
for a study to develop information the city council may use related to potential
regulation of Cannabis Products through the adoption of licensing and zoning
controls.
(F) Pursuant to Minnesota Statutes, section 462.355, subdivision 4(a), the city
council is authorized to adopt an interim ordinance “to regulate, restrict, or
prohibit any use . . . within the jurisdiction or a portion thereof for a period not to
exceed one year from the date it is effective.”
(G) The city council is also authorized as part of its general police powers to adopt
business licensing requirements related to the sale of Cannabis Products.
(H) The Minnesota Supreme Court in Almquist v. Town of Marshan, 245 N.W.2d
819 (Minn. 1976) upheld the enactment of a moratorium despite the lack of
express statutory authority as being a power inherent in a broad grant of power
to municipalities. In most cases, the enactment of business licensing
requirements is based on a city’s police powers, which is the broadest grant of
power to cities. Inherent in that broad grant of authority is the power to place a
temporary moratorium on certain business activity to study and potentially
implement licensing regulations on that business.
(I) There are both business licensing and zoning issues associated with the sale of
Cannabis Products. The city council determines it needs time to study the
matter and to consider the development and adoption of appropriate local
regulations. To protect the planning process and the health, safety, and welfare
of the residents while the City conducts its study and the city council engages in
policy discussions regarding possible regulations, the city council determines it
is in the best interests of the City to impose a temporary moratorium on the
initiation of sales of Cannabis Products.
Section 2. Definitions. For the purposes of this Ordinance, the following words, terms, and
phrases shall have the meanings given them in this section.
(A) “Act” means 2022 Minnesota Session Laws, Chapter 98 (H.F. No. 4065),
amending Minnesota Statutes, section 151.72.
(B) “Cannabis Products” means Edible Cannabinoid Product and any other product
regulated by the Act.
(C) “Edible Cannabinoid Product” has the same meaning given the term in
Minnesota Statutes, section 151.72, subdivision 1(c).
Section 3. Study. The city council hereby authorizes and directs the City Manager or
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designee to conduct a study regarding Cannabis Products and provide the city council a
report on the potential regulations of such products. The report shall include
recommendations on whether the city council should adopt regulations and, if so, the types of
regulations. The study shall consider, but is not limited to, the following:
(A) The potential impacts of the sale of Cannabis Products within the City;
(B) Licensing the sale of Cannabis Products and related regulations; and
(C) Zoning regulations related to the sale and distribution of Cannabis Products.
Section 4. Moratorium. A moratorium is hereby imposed within the City regarding the sale of
Cannabis Products. No business, person, or entity may initiate the sale of Cannabis Products
to the public within the jurisdictional boundaries of the City following the effective date of this
Ordinance. The City shall not accept, process, or act on any application, site plan, building
permit, or zoning or other approval for a business proposing to initiate the sale of Cannabis
Products.
Section 5. Violations. During the period the moratorium is in effect it is a violation of this
Ordinance to initiate the sale of Cannabis Products within the City.
Section 6. Exceptions. The moratorium imposed by this Ordinance does not apply to the sale
of medical cannabis or hemp products that were lawful to sell prior to the effective date of the
Act or to the sale of Cannabis Products if sales began legally prior to the effective date of this
Ordinance.
Section 7. Enforcement. Violation of this Ordinance is a misdemeanor. In addition, the City
may enforce this Ordinance by mandamus, injunction, other appropriate civil remedy in any
court of competent jurisdiction.
Section 8. Effective Date and Term. This Ordinance shall be effective upon adoption and
publication in the City’s official newspaper and shall have a term of 12 months. This
Ordinance shall remain in effect until the expiration of the 12-month term, until it is expressly
repealed by the city council, or until the effective date of an ordinance amending the city code
to address Cannabis Products, whichever occurs first.
Section 9. Severability. Every section, provision, and part of this Ordinance is declared
severable from every other section, provision, and part thereof. If any section, provision, or
part of this Ordinance is held to be invalid by a court of competent jurisdiction, such judgment
shall not invalidate any other section, provision, or part of this Ordinance
Seconded by Councilmember Knutson Ayes – Mayor Abrams
Councilmember Cave
Councilmember Knutson
Councilmember Juenemann
Nay – Councilmember Villavicencio
The motion passed.
Mayor Abrams moved to approve the resolution authorizing publication of the ordinance by
title and summary. (Requires 4 votes).
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Resolution 22-08-2116
RESOLUTION AUTHORIZING PUBLICATION OF
ORDINANCE NO. 1031 BY TITLE AND SUMMARY
WHEREAS, the city council of the city of Maplewood has adopted Ordinance No.
1031, an interim ordinance establishing a moratorium on the initiation of sales of Cannabis
Products; and
WHEREAS, Minnesota Statutes, section 412.191, subd. 4, allows publication by title
and summary in the case of lengthy ordinances or those containing charts or maps; and
WHEREAS, the ordinance is three pages in length; and
WHEREAS, the city council believes that the following summary would clearly inform the
public of the intent and effect of the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Maplewood
that the city clerk shall cause the following summary of Ordinance No. 1031 to be published in
the official newspaper in lieu of the entire ordinance:
On August 22, 2022, the city council of the city of Maplewood adopted Ordinance No.
1031, an interim ordinance establishing a moratorium on the initiation of sales of Cannabis
Products, as that term is now defined in state law, and authorizing a study of the same. An
amendment to Minnesota Statutes, section 151.72 became effective on July 1, 2022
regarding the sale of Cannabis Products, commonly called edibles. Virtually no advanced
word about this legislation was provided prior to passage. The act authorizes the Minnesota
Board of Pharmacy to enforce the law but provides no guidance regarding regulation.
Maplewood, like most cities, is unprepared to regulate the sale of these products. The interim
ordinance declares a moratorium on initiating such sales after its effective date and authorizes
a study to determine if and how the city wishes to regulate sales. Medical cannabis and hemp
products which could be sold legally before July 1, 2022, are exempt from the moratorium.
The moratorium also does not prohibit the sale of Cannabis Products by anyone who had
legally initiated sales before the effective date of the interim ordinance. The moratorium has a
maximum duration of 12 months. This public notice is intended only to summarize the
ordinance. The full text of the ordinance is available for inspection at Maplewood city hall
during regular business hours and has been posted to the city’s website.
BE IT FURTHER RESOLVED by the city council of the city of Maplewood that the city
clerk keep a copy of the ordinance in her office at city hall for public inspection.
Seconded by Councilmember Juenemann Ayes – All
The motion passed.
K. AWARD OF BIDS
None
L. ADJOURNMENT
Mayor Abrams adjourned the meeting at 9:12 p.m.
August 22, 2022
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Andrea Sindt, City Clerk
August 22, 2022
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