Loading...
2024-07-09 CC Meeting MinutesMOUND CITY COUNCIL MINUTES July 9, 2024 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 9, 2024 at 6:00 p.m. in the Council Chambers in the Centennial Building. Members present: Mayor Jason Holt, Council Members, Sherrie Pugh, Paula Larson, Kathy McEnaney, and Kevin Castellano. Members absent: None. Others present: City Manager Jesse Dickson, City Clerk Kevin Kelly, City Attorney Scott Landsman, Community Development Director Sarah Smith, City Planner Rita Trapp, City Public Works Director Ryan Prich, City Engineer Matt Bauman, Orono Police Department Sergeant Ryan Spencer, Isabel Brandt, Michelle Herrick, Claudia Lacy, Mary Davis, Jason Zattler, Tom Zuccaro and Joe Bruns. Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event it will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Holt called the meeting to order at 6:04 p.m. 2. Pledge of Allegiance 3. Approve agenda Dickson requested an amendment to the agenda; the addition of the Orono Police Department June 2024 Activity Report. The Council added this item as item 5A. MOTION by Castellano, seconded by Pugh, to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda MOTION by Pugh, seconded by Castellano, to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $607,652.61. B. Approve minutes: 06-18-24 Special Workshop Meeting 06-25-24 Regular Meeting C. RESOLUTION 24-53: RESOLUTION APPROVING THE APPOINTMENT OF ELECTION JUDGES D. RESOLUTION 24-54: RESOLUTION APPROVING PUBLIC GATHERING PERMTIT FOR BASH CLASH FISHING CONTEST ON LAKE MINNETONKS AND USE OF SURFSIDE PARK AND BEACH AS A WEIGH IN STATION ON FRIDAY, AUGUST 23, 2024 Mound City Council Minutes E. CSAH 15 Dakota Rail Regional Trail crossing cooperative agreement F. Pay request No. 2 in the amount of $26,870.19 to Blackstone Contractors for the Surfside Park Playground Improvements Project City Project No. PW 24-10. 5. Orono Police Department June Activity Report Sergeant Ryan Spencer of the Orono Police Department (OPD) said that the OPD has been checking into Centerview Beach activity and is on top of the jet ski companies trying to conduct business in the park and have ushered them out of the park if they are not licensed. Spencer said there were 19 calls for service during the July 41h weekend which kept officers going all day. Spencer said the Community Service Officer (CSO) assigned to Surfside Park has completed his June detail at the Park and things were mostly uneventful. Spencer said Surfside did not have an uptick in parking violations but there has been on -going frustration of officers as there always seems to be one trailer parked amongst all the cars. Spencer said those trailers were ticketed. Spencer said road construction in the City is causing some problems. Spencer said thefts from vehicles are down. Spencer said it was due to the bike patrol checking cars and businesses to make sure their doors are locked. Spencer said there has been a recent uptick in internet scams and people should be careful when they are online. McEnaney asked Spencer to thank the CSO for his work at Surfside Park 5.1 Comments and suggestions from citizens present on any item not on the agenda Jason Zattler, 2345 Commerce Blvd., said he is the building and is business owner of the stated property. Zattler said the crosswalk sign on Commerce Blvd blew down and it hasn't been put back up. Zattler said that what remains of the sign is a tripping hazard that needs to be remedied. Zattler said he was contacted by Mound Public Works (PW) because his building's water softener was clogged, causing it was run constantly resulting in a $500.00 bill. Zattler said it was due to poor city water quality coming through the main City water line. Zattler said there have been no further issues since May. Holt said the first step to addressing Zattler's concern would be to go to the City Manager and PW Director. Dickson said the City policy is to allow for a once -a -year opportunity to waive a late fee. Dickson said if a utility user doesn't make a full payment, they incur late fees. Dickson would like to ask the Council to give directive on a Policy for staff to work with residents on late fees. Holt and McEnaney said in the future PW should deal with these issues and come to an agreement with the utility user. Zattler said that a section of concrete that was put in by the City at his business has failed. Holt said he would like PW to take care of it. Ryan Prich, Public Works Director, said this area of sidewalk Zattler was referring to is scheduled to be addressed. Claudia Lacy, 2529 Commerce Blvd., said her bill went from $100 to $700 and only uses the building seven days a month. Castellano asked Lacy if she asked for a professional to look into the problem. Lacy said a City worker approached her about the water running in her building. Mound City Council Minutes Isabel Brandt, 3367 Warner Lane, said she wondered when the water fountain at the skate park would be fixed and turned back on. Pugh said the Park Commission has done their walk through of City Parks. Prich said all the fountains in the City are shut off as PW is looking into installing filters in the fountains due to the manganese situation. Prich said the MN Department of Health has ordered the fountains shut off. Brandt said she is a collage artist and would like to create a mural at the Balboa Building (the old Tonka Toys building) and a mural for the skate park. Brandt showed the Council examples of her art. Holt directed Brandt to go to the Parks Commission with her idea. Pugh said the new City park is also seeking grants through the state arts board and invited Brandt to the next Parks Commission meeting. Brandt said the mural theme would include Indigenous cultures, Tonka toys, and Lake Minnetonka. Brandt offered up and idea for the City to create a Dog Park in the City -owned wooded area south of the skate park and thought this would be a positive for the community and would like to be involved in the design of the park. Pugh said the Parks Commission has talked about a Dog Park. Pugh said there are negative issues with dog parks though the Parks Commission will take it up for discussion. Brandt said citizens using the future dog park can also keep an eye on the skate park. Brandt gave the mural prototype to the Council. 6. Planning Commission Recommendation Public Hearing - Consideration of proposed ordinance amending City Code Chapter 129 (Zoning) related to cannabis businesses (Planning Case No. 24-08) Requested Actions: I. Approve Ordinance No. 06-2024 amending Chapter 129 of the Mound City Code Regarding zoning related to cannabis businesses II. Approve Resolution authorizing publication of Ordinance No. 06-2024 by title and summary pursuant to Minn. Stat. § 412.191, Subd. 4, of an ordinance amending Chapter 129 of the Mound City Code regarding zoning related to cannabis businesses Rita Trapp presented the request for a cannabis business zoning ordinance amendment. Trapp explained that the Minnesota legislature expanded (THC) cannabis legalization in 2023 and created the State Office of Cannabis Management (OCM). Trapp added that cannabis sales are expected to begin in 2025 and cities will need licensing and zoning requirements to respond to the new sales. Trapp added that the State legislature this year established a new social equity license process which begins this July (2024). Trapp said the social equity application program is based on a list of factors. Trapp listed some of the factors: A person convicted of a cannabis related offence prior to May 1, 2023 A parent, child/dependent, spouse of someone convicted of a cannabis offense A Veteran or member of the national guard Trapp said there will be a social equity lottery for applicants and a prioritization in the licensing process. Trapp listed licensing/registration information: • City can license edible cannabinoid products until 2025 • After January 1, 2025, licensing will transition to the OCM registration process Mound City Council Minutes • A city must allow 1 business per 12,500 residents, though a city could allow more • Cities may operate a cannabis store • Starting August 1, 2024 MN residents 21 years+ can use cannabis flower products on their property • Individuals can cultivate plants for their own on -site consumption McEnaney had a question about people owning a cannabis business after committing a cannabis related offense. Landsman said use is legal in Minnesota and the OCM license for retail and manufacturing is expected in 2025. Landsman said the legislation passed this year is to get ready for 2025 which means cultivation needs to get started now to be ready for 2025. Landsman said the early cultivation bill passed as only MN grown product is to be sold. Landsman said the OCM may issue licenses by the end of July for early cultivation and it is Landsman's opinion to look at licenses due to early cultivation. Landsman said there are two sides to cannabis business; retail and manufacturing; • Retail for public purchase of the product • Manufacturing and growing of the product • No retail until 2025 • The city cannot prohibit cannabis businesses • Cites can have reasonable restrictions in place such as buffer zones so that a business can exist in the city • Cities can control manufacturing and retail through zoning • The City of Mound's population means that the City can limit to one cannabis business Landsman said the equity applicants list was created by the state legislature. McEnaney said she doesn't understand the rationale of the equity list. Landsman said the zoning ordinance in front of the Council was created from his law office and is being used a framework in other cities to allow for local control through zoning. McEnaney asked about allowing at least one cannabis business and can't the City say it doesn't want even one cannabis business in the City. Landsman and Trapp said the cannabis businesses cannot be banned through zoning. Landsman said the Council will need to react to the change from the legislature on early cultivation. Pugh asked if the allowance of up to one business would include the municipal retail operation. Castellano said if there is municipal dispensary there can be another cannabis business in the City. Landman said the language and rules are not clear at this time though the City cannot be more restrictive than the minimum number of cannabis businesses. Landsman said the cannabis license will come from the state and zoning can restrict the area where the retail business occurs but it must be allowed somewhere in the City. Landsman said the state will also take over licensing of the low potency (Delta-9) retail in 2025. Trapp listed a number of different types of cannabis businesses in the statute and suggested that the MU-C, MU-D and 1-1 zoning districts be the areas for these businesses to operate. Trapp said these areas are within the downtown and industrial areas of the City. Trapp added the City can require a buffer from schools at a maximum of 1000 feet from schools and up to 500ft from day cares, playgrounds, athletic fields, youth -oriented park facilities and residential treatment centers. Mound City Council Minutes Trapp provided the Council a series of examples of the different depths of zoning buffers in the Mixed Use and Industrial zoned areas of the City. Trapp said the Planning Commission (PC) discussion provided the recommendation to the Council the 500ft buffer from private and public schools. Castellano asked if the PC recommendation was for a school buffer and not a park buffer. Trapp said yes. McEnaney said the PC wanted to move the issue forward for the Council discussion. Trapp provided the Council examples of the 1000 ft buffer which allows nearly no area to allow cannabis businesses. Pugh said the Balboa building is industrial and asked if it would then allow for a cannabis businesses even though a soccer facility is within the building. Holt asked what would happen if the City does nothing and if there would be only one cannabis retail business. Landsman said the City cannot prohibit a retail cannabis business and that the City has to allow at least one. Landsman said private property rights are different from zoning and the property owner can say no to a cannabis business. Landsman and Trapp added that manufacturing can occur on July 27, 2024 with licensing from the State with no limit in the number of manufacturing businesses. Trapp said the zoning map buffer information is in front of the Council and they can determine which buffer the Council is comfortable with. Trapp said the City should be less restrictive to protect the City from liability. Mayor Holt opened the public hearing at 7:18 Lacy said she thinks the City is making everything too easy for the perspective cannabis businesses to do business in the City. Lacy said the zoning can be restrictive enough and has spoken to other city attorneys to get their opinions. Lacy said the City can be zoned to not allow cannabis businesses. Lacy said Minneapolis has a 1000-foot buffer and the smell of cannabis burning ruins the experience of being outdoors. Lacy said the cannabis businesses don't need to be accommodated and this law benefits big corporations and doesn't want genetically modified marijuana to be sold in Mound. Lacy said residents can find marijuana businesses five minutes down the road. Zattler, 2345 Commerce Blvd., said he has researched the cannabis industry for his insurance business. Zattler said cultivation is being done by big corporations across American where it is legal. Zattler listed a series of cannabis related statistics. Zattler said regulation should be thought through before it is put on the books and the City should wait until there is updated legislation from the state. Zattler said there will not be cultivators to supply the marijuana products right away in Minnesota. Zattler said he could grow up to eight plants for his own personal use even if he lived right next to a school. Zattler said a Dispensary will have locked security doors with product locked up and not on display like in a liquor store. Zattler said the City is jumping the gun on creating buffer zones and is better off regulating cannabis use rather than a black market being established. Tom Zuccaro, 4760 Bedford Road, said he loves Mound and recently moved back. Zuccaro said addiction can plague a family. Zuccaro said he is missing two siblings due to addiction. Brandt, 3367 Warner Lane, said she grew up in Mound and has moved back to town. Brandt said she has attended friends' funerals who were overdose victims and thinks a dispensary would be good for Mound City Council Minutes Mound. Brandt asked about the "harm reduction movement" movement which advocates for a proven way to reduce people overdosing or becoming addicted to drugs. Charlie Lacy, 6117 Beachwood Road, said there is a mental health issues surfacing in the community. Lacy said getting basic exercise and getting out of the house are a way to avoid taking drugs and reduces health problems. Lacy said he lived in Mound and just moved back. Lacy asked for the Council to wait and see what the State wants to do and to take a conservative stance. Lacy said the City should use the City of Minneapolis standard of a 1000-foot buffer. Lacy said the cities of Wayzata and Excelsior are very tight in regulation. Mary Davis, 3021 Inverness Lane, said she likes the idea to wait and see. Davis said she would like the City to protect ourselves with a 1000-foot buffer. Zattler again addressed the Council. Zattler said marijuana can be laced with fentanyl and kids are dying from it. Zattler said marijuana use should be regulated by approving a Dispensary. Holt closed the public hearing at 7:44. Landsman said the City can be more restrictive but can't prohibit. Trapp said a larger buffer could cause a zoning prohibition. Trapp said a 1000-foot buffer could restrict cannabis businesses which could invite a lawsuit. Pat Furlong, Edgewater Drive, was allowed to address the Council. Furlong said he moved to Mound in 1966 and taught and coached for years in Mound. Furlong said he doesn't drink or smoke and doesn't want marijuana to come into the community. Furlong said he knows what is right or wrong. Furlong said marijuana won't help us. Landsman said manufacturing is allowed only in the industrial area of Mound and 1000 feet goes across the main portion of the Balboa Building. Trapp said the MU-C could be removed from consideration for cannabis retail due to the buffer zoning. McEnaney said she is in favor of maximum buffers. Landsman said the cultivation question is of immediate concern but the proposed ordinance refers to both manufacturing and retail. Trapp said the Council can be most restrictive through buffering which could open up the City to a lawsuit. Landsman said the City can't prohibit use through zoning as it is allowed by the State. Trapp said only cannabis businesses can occur in the MU-D and be prohibited elsewhere. Holt said he would like the MU-D only and use buffers to restrict it. Landsman said the Delta-9 is allowed in the MU- C and MU-D currently and does the City want to keep the delta-9 zoning allowances. Castellan said cannabis businesses need to be a Dispensary and cannot be conducted in a tobacco shop. Holt said the MU-D would be the allowed district for cannabis businesses. Castellano expressed concern about the buffer and would like the 500 feet from schools adopted. Trapp and Landsman said the ordinance would allow only one cannabis business. Castellano said only one business will be allowed in the City and agrees with the PC recommendation of the 500 feet buffer. Mound City Council Minutes Holt would like to go with a 1000-foot buffer and cannabis retail sales only in the MU-D. Trapp said if the City restricts too much it could open the City up for a lawsuit. Landsman said the Council can restrict through zoning and buffer zones but not prohibit through zoning. Trapp said the Council is looking to allow the for cannabis use only in MU-D along with the most restrictive buffers. Landsman said the low potency, Delta-9, retail is allowed through City licensing in the MU-C and MU-D districts. Castellano said tobacco shops cannot sell the cannabis products, only the Delta-9. Landsman said cannabis sales must be in a Dispensary. Holt asked if the Council would like cannabis sales allowed only in the MU-D and with the 1000-foot buffer around schools and 500-foot buffer around Parks. Castellano said he was mostly thinking about retail sales and favors the 500-foot school buffer and was interested in allowing only one cannabis business which the PC recommended. Trapp said the proposed ordinance allows for only one cannabis license. Trapp said the ordinance language will need to be changed to represent the most restrictive buffer. Landsman said Holt said the Council needs to fight to be heard and doing what it can. MOTION by McEnaney, seconded by Larson, to adopt the following Ordinance as written moving all cannabis businesses buffers allowed by State. Larson said she made three telephone calls today with the cities of Spring Park, Minnetrista, and Orono regarding cannabis businesses. Larson said Minnetrista and Orono have a moratorium in place. Larson said Spring Park will go with state statute. Larson said the people of Mound are against allowing cannabis businesses. Larson said the Council is doing what is best for Mound. Landsman and Trapp said a City can have a moratorium until the end of 2024. Trapp said cities were waiting to let the OCM to create a model ordinance, but that the legislation passed last session compels the City to respond to protect the City. Landsman said the League of MN Cities is recommending that cities pass cannabis ordinances. Holt said the Council needs to fight for local control. Larson, McEnaney, Pugh and Holt voted in favor. Castellano voted no. Motion carried. Approve Ordinance No. 06-2024 amending Chapter 129 of the Mound City Code regarding zoning related to cannabis businesses to the MU-D mixed use district only and to provide maximum buffers as allowed by state statute (1000-foot from private/public schools and 500-foot buffer from Parks) MOTION by McEnaney, seconded by Larson, to approve to be modified the following resolution. Larson, McEnaney, Pugh and Holt voted in favor. Castellano voted no. Motion carried. RESOLUTION 24-55: RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. BY TITLE AND SUMMARY PURSUANT TO MINN. STAT. § 412.191, SUBD. 4, OF AN ORDINANCE AMENDING CHAPTER 129 OF THE MOUND CITY CODE REGARDING ZONING RELATED TO CANNABIS BUSINESSES. 7. Approval of Bid for Downtown Paver Sidewalks Replacement Project - Group 2 City Project No. PW-24-08 Project Nos. OC1.130662 Mound City Council Minutes Matt Bauman, City Engineer, said on June 27' engineers received seven bids with Create Construction coming in as the low bidder. Bauman said Create Construction did last year's project and were a responsible contractor. Bauman said Hennepin County will agree to 50% of the funding for the project. Pugh said she is glad to see the project being finished. MOTION by Castellano, seconded by McEnaney, to approve to be modified the following resolution. All voted in favor. Motion carried. RESOLUTION 24-56: RESOLUTION ACCEPTING BID FOR THE DOWNTOWN PAVER SIDEWALKS REPLACEMENT PROJECT GROUP 2 CITY PROJECT NO. PW-24-08 8. Approval of Authorization of quotes for Marion Lane Watermain Replacement City Protect No. PW-24-13 Landsman said Larson asked about a possible conflict of interest due to the proximity of her business to the Marion Lane project. Landsman said he reviewed the statutory or common law conflict of interest and she doesn't need to recuse. Bauman stated it was discovered that there were some line failure to the watermain which also has joints with lead seals. Bauman said the City needed to move now as the road is going to be replaced as part of the Artessa project. Bauman said the watermain is so old it is not recorded as it may be one of the oldest in the City. Bauman said only part of the street is there now and the developer will need to complete the full street. Bauman said waiting to fix the problem would increase the cost to repair the watermain. Bauman said the funds will mostly come from a cast iron watermain replacement fund which will be pushed off to a future project. Pugh said she thought Artessa was going to take on the rebuild of Marion Lane. Pugh asked Bauman about the street and Bauman said Marion will be widened and the street will be new from the Artessa building to Auditors Road/Harbor Place. Bauman said Artessa will pay for the road along with other infrastructure though Marion Lane will remain a city -owned street. Prich said Marion Lane is plowed and maintained by the City and Marion Lane is joined with lead in multiple areas and needs to be replaced. Pugh wondered what the functionality of the street is. Prich said Marion offers right of way access to the water line and water service to Lost Lake Creamery. Prich and Bauman said that Marion works better for providing City services by not being a dead end. Larson asked about the width of Marion Lane. Bauman said Marion Lane will be widened but is about four -feet narrower than a typical City street. MOTION by Castellano, seconded by McEnaney, to approve to be modified the following resolution. All voted in favor. Motion carried. RESOLUTION 24-57: RESOLUTION AUTHORIZING FINAL QUOTES AND PROCEEDING WITH REPLACEMENT OF MARION LANE WATERMAIN CITY PROJECT NO. PW-24-13 9. City Council 2024 Priorities Mid -Year Check -in Holt listed the Council 2024 Priorities: • The main priority for the City is funding for the water treatment plant project. Holt added the $10.3 Million is being used for design and watermain work. The City will work to get the final $26 Million through bonding and/or grants. • Budget — 2025 budget looking for ways to reduce spending and levy increases. Utility bill being moved to monthly reviewed but still something to work toward Mound City Council Minutes • Long-term financial plan is on -going • Communication - new City website in process with Facebook up and running. Maggie Reisdorf is adding content including adding the Fire Department and Liquor Store. City Instagram is up. A new feature is "Meet the Staff Wednesday" is coming. Added four pages to the City Compass Newsletter. Digital Newsletter is also in process along with City website • Surfside Park improvements are completed • Harbor Park - planning process underway with funding in place for all three phases. Added to Andrew Sisters Trail to the Dakota Trail. 2025 Crosswalk installed hopefully in 2024. Age Friendly Grant applied for but wasn't awarded • Code Enforcement tightened up and is on -going. Housing Inspector - Dickson said the City is looking around to potential new contractors as MnSpect has been sold to Safebuilt • Mound Citizen of the Year will be announced in August Newsletter • Tree lighting Ceremony is being planned. Customer Service to residents • State of our Water Update • Development — reach out to land owners to develop property • Storm Water to Lake — not going to due the green painted drains program • Spirit of the Lakes Festival which the Council will attend • Orono Police Department- look at the Contract but City is fully supportive of the Police Homeless concerns/social worker • City Contributions to community organizations policy • City Statutory A or B — explored, but Council will keep Plan B governmental structure • Council Meeting starting at 6:OOPM instead of 7:OOPM and Workshops starting at 5:OOPM Redevelopment to identify blight and opportunities to redevelop properties. Holt asked for items from the Council which could be added to the list. Centennial Building sale is being looked at. Pugh mentioned the Live Well at Home program— ADA improvements to homes in City 10. Closed Session: City Manager Review Landsman said the City Council will go into closed session at 9:03 to discuss City Manager Jesse Dickson's employment review. MOTION by Castellano, seconded by Pugh for the Council to go into closed session. All voted in favor. Motion carried. Mound City Council Minutes The City Council returned from closed session at 9:57PM. Holt said the review went well and Dickson will receive a bump in salary to the Year 1 table. Holt added that on January 1, 2025 Dickson's salary will be increased to the Year 2 table. 11. Comments/Reports from Council Members: Council Member Pugh — Pugh contacted HC Commissioner Kevin Anderson regarding resident property value assessments. Pugh said she talked to Anderson about the Dakota Trail crossing at Shoreline. Pugh said Anderson's focus is on senior outreach and information. Pugh looked into Mound tourism. Council Member Larson - Fire Commission meeting attendance today. Council Member McEnaney — Music in the Park this Thursday from 6-8:OOp.m. at Surfside Park. Council Member Castellano — Request to Harbor YTD sales numbers added to the Liquor report. Mayor Holt — Fire Commission Meeting Fire Marshall Board presentation regarding a Joint Powers Agreement for a Fire District service structure. Structure include Duty Crew service living at the Fire Department to pressure off of the Fire personnel. Mutual Aid to other cities consists of eight hours of service with no charges. Holt said the MFD structure change is possible as it has been discussed over many years. Holt said the average time is five years for the restructuring of Fire Departments. Holt presented photos of the new striped crosswalk street crossing on Commerce south of Shoreline Drive with signage for traffic to stop for pedestrians. Holt said he has asked for flashing beacons at the crossing for pedestrian safety and HC will need to be involved. Holt said the sidewalk paver nameplates are in disrepair and are difficult to read and is looking for replacements. Holt asked for the list of paver donors. 12. Information/Miscellaneous A. Comments/reports from the City Manager: Dickson will present Fire Committee Discovery resolution to the next Council meeting and the Dutch Lake Fishing Pier is installed. B. Reports: June 2024 — Liquor C. Minutes: June 4, 2024 — Planning Commission 13. Adiourn ACTION by Pugh, seconded by McEnaney, to adjourn at 10:14 p.m. All voted in favor. Attest. -Kevin Kelly, Cler Me Mayor Jason R. Holt