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HomeMy WebLinkAbout2023-08-14 City Council Meeting Minutes MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, August 14, 2023 City Hall, Council Chambers Meeting No. 15-23 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:04 p.m. by Mayor Abrams. Mayor Abrams recapped a successful National Night Out and thanked city staff and all residents who participated. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Marylee Abrams, Mayor Present Rebecca Cave, Councilmember Present Kathleen Juenemann, Councilmember Present Chonburi Lee, Councilmember Present Nikki Villavicencio, Councilmember Present D. APPROVAL OF AGENDA Agenda item G6 was removed. The following items were added to Council Presentations: Distinction of Representative Leon Lillie Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Cave Ayes – All The motion passed. E. APPROVAL OF MINUTES 1. July 24, 2023 City Council Workshop Meeting Minutes Agenda item E1 was corrected to state “Council directed staff to have the moratorium be heard at the August 14, 2023 City Council Meeting.” Councilmember Juenemann moved to approve the July 24, 2023 City Council Workshop Meeting Minutes as amended. Seconded by Councilmember Lee Ayes – All The motion passed. August 14, 2023 City Council Meeting Minutes 1 2. July 24, 2023 City Council Meeting Minutes Councilmember Lee moved to approve the July 24, 2023 City Council Meeting Minutes as submitted. Seconded by Councilmember Juenemann 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 Distinction of Representative Leon Lillie Mayor Abrams shared the League of Minnesota Cities recognized Representative Leon Lillie as a Legislator of Distinction for his work during the 2023 legislative session as the Chair of the House Legacy Finance Committee. 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 item G7 was highlighted. Councilmember Cave moved to approve agenda items G1-G5 & G7-G11. Seconded by Councilmember Lee Ayes – All The motion passed. 1. Approval of Claims Councilmember Cave moved to approve the approval of claims. ACCOUNTS PAYABLE: $ 451,753.76 Checks # 111101 thru # 111153 dated 7/25/23 $ 692,396.36 Checks # 111154 thru # 111191 dated 8/01/23 August 14, 2023 City Council Meeting Minutes 2 $ 895,500.77 Checks # 111192 thru # 111226 dated 8/08/23 $ 1,502,663.36 Disbursements via debits to checking account dated 07/17/23 thru 08/06/23 $ 3,542,314.25 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits $ 721,020.36 dated 7/21/23 Payroll Checks and Direct Deposits $ 679,309.02 dated 8/04/23 $ 1,400,329.38 Total Payroll $ 4,942,643.63 GRAND TOTAL Seconded by Councilmember Lee Ayes – All The motion passed. 2. Conditional Use Permit Review, Justice Alan Page Elementary School, 2410 Holloway Avenue Councilmember Cave moved to approve the CUP review for Justice Alan Page Elementary, located at 2410 Holloway Avenue, and review again in one year. Seconded by Councilmember Lee Ayes – All The motion passed. 3. Conditional Use Permit Review, Carver Elementary School, 2680 Upper Afton Road East Councilmember Cave moved to approve the CUP review for Carver Elementary School, located at 2680 Upper Afton Road East, and review again only if a problem arises or a significant change is proposed. Seconded by Councilmember Lee Ayes – All The motion passed. 4. Conditional Use Permit Review, John Glenn Middle School, 1560 County Road B East Councilmember Cave moved to approve the CUP review for John Glenn Middle School, located at 1560 County Road B East, and review again only if a problem arises or a significant change is proposed. August 14, 2023 City Council Meeting Minutes 3 Seconded by Councilmember Lee Ayes – All The motion passed. 5. Conditional Use Permit Review, Family Auto Sales, 1065 Highway 36 Councilmember Cave moved to approve the CUP review for Family Auto Sales, located at 1065 Highway 36, and review again only if a problem arises or a significant change is proposed. Seconded by Councilmember Lee Ayes – All The motion passed. 6. 2023-2025 School Resource Officer Agreement with Independent School District 622 Agenda item G6 was removed. 7. Purchase of Mobile Command Vehicle Councilmember Cave moved to approve the purchase of a mobile command vehicle. Seconded by Councilmember Lee Ayes – All The motion passed. 8. Joint Use Agreement for Operation and Maintenance of Shared Sanitary Sewer Mains, City Project 19-43 Councilmember Cave moved to enter into a Joint Use Agreement for operation and maintenance of shared sanitary sewer mains between the City of Saint Paul and the City of Maplewood. The Mayor and City Manager are authorized to sign said agreement signifying Council approval. Minor revisions as approved by the City Attorney are authorized as needed. Seconded by Councilmember Lee Ayes – All The motion passed. 9. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for September 11, 2023, Myrtle-Sterling Area Street Improvements, City Project 22-16 Councilmember Cave moved to approve the Resolution Accepting Assessment Roll and Ordering Assessment Hearing, for the Myrtle-Sterling Area Street Improvements, City Project 22-16. Resolution 23-08-2235 RESOLUTION ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT HEARING August 14, 2023 City Council Meeting Minutes 4 WHEREAS, the Clerk and the City Engineer have, at the direction of the City Council, prepared an assessment roll for the Myrtle-Sterling Area Street Improvements, City Project 22-16, 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: 1. A hearing shall be held on the 11th day of September 2023, 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 Lee Ayes – All The motion passed. 10. Resolution Accepting Assessment Roll and Ordering Assessment Hearing for September 11, 2023, Woodlynn-Southlawn Area Improvements, City Project 22-17 Councilmember Cave moved to approve the Resolution Accepting Assessment Roll and Ordering Assessment Hearing, for the Woodlynn-Southlawn Area Street Improvements, City Project 22-17. Resolution 23-08-2236 RESOLUTION 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 Woodlynn-Southlawn Area Street Improvements, City Project 22-17, 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: 1. A hearing shall be held on the 11th day of September 2023, 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 August 14, 2023 City Council Meeting Minutes 5 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 Lee Ayes – All The motion passed. 11. Local Lawful Gambling Permit for Hill Murray School, 2625 Larpenteur Avenue E Councilmember Cave moved to approve the Local Lawful Gambling permit for Hill Murray School for their event on April 27, 2024. Seconded by Councilmember Lee 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. 1. Interim Ordinance Regarding Cannabis Businesses a. Public Hearing b. Interim Ordinance Authorizing a Study and Imposing a Moratorium c. Resolution Authorizing Publication of the Ordinance by Title and Summary (4 votes) City Attorney Batty gave the staff report and answered questions of council. Mayor Abrams opened public hearing. The following people spoke: Susan Sindt – 1445 Skillman Avenue Darrell Paulsen Mayor Abrams closed the public hearing Councilmember Cave moved to approve the interim ordinance authorizing a study and imposing a moratorium on the operation of cannabis businesses. Ordinance 1040 AN INTERIM ORDINANCE AUTHORIZING A STUDY AND IMPOSING A MORATORIUM ON THE OPERATION OF CANNABIS BUSINESSES The City Council of the City of Maplewood ordains as follows: ARTICLE I. Authority and Legislative Findings. August 14, 2023 City Council Meeting Minutes 6 A. The Minnesota Legislature recently enacted and Governor Walz signed 2023 Minnesota Session Laws, Chapter 63 – H.F. No. 100 (“Act”), codified as Minnesota Statutes, sections 342.01, et seq., which is comprehensive legislation relating to cannabis including, but not limited to, the establishment of the Office of Cannabis Management (“OCM”), legalizing and limiting the possession and use of cannabis and certain hemp products by adults, providing for the licensing, inspection, and regulation of cannabis businesses and hemp businesses, taxing the sale of cannabis flower, cannabis products, and certain hemp products, establishing grant and loan programs, amending criminal penalties, providing for expungement of certain convictions and providing for the temporary regulation of certain edible cannabinoid products. B. The Act provides local units of government certain authority related to cannabis businesses, including the authority to (1) adopt reasonable restrictions on the time, place, and manner of the operation of cannabis businesses, provided that such restrictions do not prohibit the establishment or operation of a cannabis businesses, (2) limit the number of certain cannabis businesses based on the population of the community, (3) prohibit the operation of a cannabis business within 1,000 feet of a school or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field, and (4) require local registration of certain cannabis businesses operating retail establishments,. C. The Act requires the OCM, which was established effective July 1, 2023, to work with local governments to develop model ordinances for reasonable restrictions on the time, place, and manner of the operation of cannabis businesses. The Act also requires the OCM to establish additional rules and regulations relating to the operation of cannabis businesses. Maplewood will benefit from reviewing and analyzing the OCM’s model ordinances, rules and regulations before making any decisions related to the regulation of cannabis businesses in the City. D. Minnesota Statutes, section 342.13(e) expressly allows a local unit of government that is conducting studies or has authorized a study to be conducted or has held or scheduled a hearing for the purpose of considering adoption or amendment of reasonable restrictions on the time, place and manner of the operation of cannabis businesses to adopt an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. The interim ordinance may regulate, restrict, or prohibit the operation of cannabis businesses within the jurisdiction or a portion thereof until January 1, 2025. E. Given the uncertainty regarding the model ordinances to be developed by the OCM and the broad scope of the changes to Minnesota law brought about by the Act, Maplewood desires to adopt an interim ordinance for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. F. Maplewood desires to conduct a study for the purpose of considering the adoption or amendment of reasonable restrictions on the time, place and manner of the operation of August 14, 2023 City Council Meeting Minutes 7 cannabis businesses as well as the other regulations local units of government may adopt under the Act. G. On August 14, 2023, after providing at least 10 days published notice, the City Council held a public hearing regarding the consideration and adoption of an interim ordinance prohibiting the operation of cannabis businesses within the City until January 1, 2025. ARTICLE II. Definitions. For purposes of this Ordinance, the following terms shall have the meanings given them in this section. (a) “Act” means 2023 Minnesota Session Laws, Chapter 63 (H.F. No. 100), codified as Minnesota Statutes, sections 342.01, et seq. (b) “Cannabis Business” has the meaning given the term in Minnesota Statutes, section 342.01, subd. 14. (c) “City” means the City of Maplewood, Minnesota. (d) “Edible Cannabinoid Product” has the meaning given the term in Minnesota Statutes, section 151.72, subd. 1(f). (e) “OCM” means the Office of Cannabis Management, established as set forth in Minnesota Statutes, section 342.02, subd. 1. (f) “Ordinance” means this interim ordinance, which is adopted pursuant to Minnesota Statutes, section 342.13(e). ARTICLE III. Study Authorized. The City Council hereby authorizes and directs the City Manager to have City staff and consultants conduct a study regarding the adoption or amendment of reasonable restrictions on the time, place, and manner of the operation of Cannabis Businesses, as well as the other potential local regulations allowed under the Act, and report to the City Council on the potential regulation of Cannabis Businesses. The study must include a review of the model ordinances the OCM is directed to draft under Minnesota Statutes, section 342.13(d), an analysis of potential setback regulations allowed under Minnesota Statues, section 342.13(c), and such other matters as staff may determine are relevant to the City Council’s consideration of this matter. The report shall include the City staff’s recommendations on whether the City Council should adopt regulations and, if so, the recommended types of regulations. ARTICLE IV. Moratorium. A moratorium is hereby imposed regarding the operation of a Cannabis Business within the City. During the term of this Ordinance, no business, person, or entity may establish or operate a Cannabis Business within Maplewood. The City shall not accept, process, or act on any application, site plan, building permit, zoning request, or other approval, including any requested confirmation, certification, approval, or other request from the OCM or other governmental entity requesting City review of any application or proposal for a business proposing to engage in the operation of a Cannabis Business. August 14, 2023 City Council Meeting Minutes 8 ARTICLE V. Violation. During the term of the moratorium, it is a violation of this Ordinance for any business, person, or entity to establish or operate a Cannabis Business within the City. ARTICLE VI. Exceptions. The moratorium imposed by this Ordinance does not apply to: (1) the continued operation of a business as part of the Medical Cannabis Program administered by the Minnesota Department of Health that was lawfully operating within the City prior to July 1, 2023; (2) the lawful sale of Edible Cannabinoid Products in compliance with Minnesota Statutes, section 151.72; or (3) sales of Edible Cannabinoid Products at an exclusive liquor store in accordance with Minnesota Statutes, section 340A.412, subd. 14. Nothing in this Article exempts a business, person, or entity that is selling Edible Cannabinoid Products from having to comply with all requirements and prohibitions of applicable laws and ordinances. ARTICLE VII. Enforcement. Violation of this Ordinance is a misdemeanor. The City may also enforce this Ordinance by mandamus, injunction, or other appropriate civil remedy in any court of competent jurisdiction. A violation of this Ordinance is also subject to the City’s general penalty in City Code and may result in the City reporting the violation to the OCM if relevant to OCM licensing. The City Council hereby authorizes the City Manager, in consultation with the City Attorney, to initiate any legal action deemed necessary to secure compliance with this Ordinance. ARTICLE VIII. Duration. This Ordinance shall become effective on the first day of publication after adoption and shall remain in effect until January 1, 2025. This Ordinance may be repealed earlier upon the effective date of an ordinance adopting or amending reasonable restrictions on the time, place and manner of the operation of a Cannabis Business within the City. ARTICLE IX. 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. Adopted by the City of Maplewood this 14th day of August, 2023. Seconded by Councilmember Juenemann Ayes – Mayor Abrams Councilmember Cave Councilmember Juenemann Councilmember Lee Nay – Councilmember Villavicencio The motion passed. Councilmember Cave moved to approve the resolution authorizing publication of the ordinance by title and summary (4 votes). Resolution 23-08-2237 RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 1040 BY TITLE AND SUMMARY August 14, 2023 City Council Meeting Minutes 9 WHEREAS, the city council of the city of Maplewood has adopted Ordinance No. 1040, an interim ordinance establishing a moratorium on the operation of cannabis businesses; 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. 1040 to be published in the official newspaper in lieu of the entire ordinance: Public Notice On August 14, 2023, the city council of the city of Maplewood adopted Ordinance No. 1040, an ordinance establishing a moratorium on the operation of cannabis businesses, as that term is now defined in state law. The 2023 Legislature adopted Minnesota Statutes, section 342.01, et seq. which permits the establishment and operation of cannabis businesses. The statute establishes a state Office of Cannabis Management (the “OCM”) which will be responsible for licensing cannabis businesses. Cities are allowed limited authority to regulate cannabis businesses. The OCM is required to draft model ordinances regarding reasonable restrictions on the time, place and manner of local regulations. However, cities cannot develop their ordinances until the OCM is in operation and has adopted rules and developed sample ordinances. The interim ordinance declares a moratorium on the operation of cannabis businesses and authorizes a study to determine if and how the city wishes to regulate them. Medical cannabis and other products which could be sold legally before July 1, 2023 are not covered by the moratorium. The moratorium will be in effect until January 1, 2025 unless repealed earlier. 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. I. UNFINISHED BUSINESS None J. NEW BUSINESS None K. AWARD OF BIDS August 14, 2023 City Council Meeting Minutes 10 None L. ADJOURNMENT Mayor Abrams adjourned the meeting at 7:57 p.m. Andrea Sindt, City Clerk August 14, 2023 City Council Meeting Minutes 11