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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 August 22, 2022 City Council Meeting Minutes 1 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. August 22, 2022 City Council Meeting Minutes 2 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 August 22, 2022 City Council Meeting Minutes 3 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 August 22, 2022 City Council Meeting Minutes 4 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. August 22, 2022 City Council Meeting Minutes 5 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 August 22, 2022 City Council Meeting Minutes 6 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. August 22, 2022 City Council Meeting Minutes 7 (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 August 22, 2022 City Council Meeting Minutes 8 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). August 22, 2022 City Council Meeting Minutes 9 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 City Council Meeting Minutes 10 Andrea Sindt, City Clerk August 22, 2022 City Council Meeting Minutes 11