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HomeMy WebLinkAboutMinutes - 2023/07/31APPROVED PROCEEDINGS OF THE MOUNDS VIEW CITY COUNCIL CITY OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA Special Meeting July 31, 2023 Mounds View City Hall 2401 Mounds View Boulevard, Mounds View, MN 55112 7:32 P.M. 1. MEETING IS CALLED TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL: Cermak, Gunn, Lindstrom, and Meehlhause NOT PRESENT: None. 4. APPROVAL OF AGENDA A. Monday, July 31, 2023, City Council Agenda. MOTION/SECOND: Gunn/Lindstrom. To Approve the Monday, July 31, 2023, agenda as presented. Ayes – 4 Nays – 0 Motion carried. 5. CONSENT AGENDA None. 6. SPECIAL ORDER OF BUSINESS None. 7. PUBLIC COMMENT Rene Johnson, 7385 Pleasant View Drive, stated she received a letter from the City that her water meter was being replaced. She expressed concern with how some water meter systems are being hacked. She recommended security measures be put in place. She indicated she had an issue with the mailbox replacement and asked that Option 3 proceed, which would put the mailboxes back where they were. She believed this should have been a choice for the residents of Mounds View. Mounds View City Council July 31, 2023 Special Meeting Page 2 Dr. Jean Strait, 7728 Knollwood Drive, reported she was a newer resident to Mounds View but her wife has lived in Mounds View her entire life. She spoke to the Council regarding Area K. She noted she drive Area K and took a number of photos. She discussed how deep the retaining wall was across from Noel and CR’s driveway. She believed there was poor communication between the City and residents regarding this street improvement project. She discussed how her neighbors have been cut off from their property. She questioned how CR was going to get over a wall to get to his property. She reviewed several other pictures of the project and questioned why the lake was not taken into consideration. She feared how much graffiti would end up on the new retaining wall. She believed what the Council has done to the residents along this roadway was atrocious. Joyce Jones Strait, 7728 Knollwood Road, reported she grew up in Mounds View. She noted she went to Pinewood, then Highview and graduated from Irondale High School. She indicated three of her children graduated from Irondale High School. She expressed great concern with how Spring Lake was being impacted by the Area K street project. She discussed how much the City was changing and noted this was a concern to her. She commented on the storm damage that occurred to her home because of the clear cutting that occurred. She believed the retaining wall was a tremendous eyesore. She was confused about the goal of the path and questioned why the City was restricting access to the lake. She reported she was a middle school teacher and recommended the City Council choose their words wisely when it comes to the language used in the cannabis ordinances and where cannabis can be smoked. CR Barrigan, 7765 Spring Lake Road, asked the Council to put themselves in his shoes. He explained he was an 84 year old, disabled veteran that worked hard all his life as a migrant worker. He reported he was a first generation citizen and his parents came to this country 100 years ago. He stated he educated himself and worked hard. He explained he was retired, in a good home in Mounds View and was financially secure. He indicated after the recent storm he lost two trees, umbrellas, and $6,000 of personal property. He questioned if this happened to the City Council, what would they want the City to do. Council Member Cermak stated the mailbox plan was devised by the post office. She noted the City can work with homeowners in order to find a plan that was agreeable. She encouraged Ms. Johnson to contact the post office and speak with them about her mailbox. Ms. Johnson commented further on how important it was for her to have a locked and secure mailbox that can be viewed from her home. Acting Mayor Meehlhause discussed how the streets committee determined that mailboxes will be grouped on each street. He explained he could not speak to the decisions made by this committee because this decision was made prior to his time on City Council. City Attorney Riggs reported a policy was adopted from the street committee and every street project was to follow these standards. Ms. Johnson questioned why certain standards were not followed if a policy was in place. She asked why paths and trails were not standard, but rather some streets had trails on the street and others had them within a boulevard. Mounds View City Council July 31, 2023 Special Meeting Page 3 8. COUNCIL BUSINESS A. First Reading and Introduction of Interim Ordinance 1006 Authorizing a Study and Imposing a Moratorium on the Operation of Cannabis Businesses within the City of Mounds View. City Attorney Riggs requested the Council introduce an interim ordinance that would authorize a study and impose a moratorium on the operation of cannabis businesses within the City. He explained this ordinance was the result of the Cannabis Act that was adopted by the Minnesota legislature. He reported under the act the City can regulate the time, place and manner regarding cannabis businesses, along with the hours of sales. He stated there were a number of communities that were putting a moratorium in place to allow them time to further study this topic. He stated this study would allow the City Council to further consider the zoning regulations for these businesses going forward. He explained if the Council were to introduce this ordinance, the second reading would be held on Monday, August 7. Council Member Gunn stated she would like further information regarding growing of cannabis plants. She asked how many plants could be growing in a backyard at any time. City Attorney Riggs explained a resident could have four mature plants in their backyard. He indicated the Council lacked the ability to regulate this, but rather this would be regulated by the State. Council Member Gunn questioned if cannabis could be sold in an established business. City Attorney Riggs stated this would be determined by the State. He commented further on how the City needed time to discuss and think through how to properly draft zoning regulations regarding cannabis businesses. Council Member Gunn inquired what the term of the moratorium would be. City Attorney Riggs stated the moratorium would run through January 1, 2025. He reported the City would have zoning regulations in place by that time. Acting Mayor Meehlhause opened the meeting to the public. Rene Johnson expressed concern with the fact the proposed Ordinance was not available for the public to view on the City’s website. Acting Mayor Meehlhause indicated the Ordinance was posted on the City’s website under the meeting agendas and packets. Dennis Frohm, 7040 Bona Road, recommended the cannabis issue be treated similar to alcohol sales to ensure it be kept from schools and churches. He believed cannabis was not as bad as tobacco and alcohol because these substances were addictive. He stated he was in favor of the sale of cannabis in the community to those 21 and older. Acting Mayor Meehlhause closed the meeting to public comment. MOTION/SECOND: Gunn/Cermak. To Waive the First Reading and Introduce Ordinance 1006 Authorizing a Study and Imposing a Moratorium on the Operation of Cannabis Businesses within Mounds View City Council July 31, 2023 Special Meeting Page 4 the City of Mounds View. Council Member Lindstrom commented he spoke with the League of Minnesota Cities today about this topic and he understood the State would not be issuing license until January of 2025. City Attorney Riggs explained this was his understanding as well, but noted people could still apply. Council Member Lindstrom believed the war on drugs, cannabis in particular, has gone on far too long and he feared the moratorium was continuing the war. He believed the City had the time to figure out the zoning without the moratorium in place. Council Member Gunn indicated the moratorium would allow the City time it needs to set up proper zoning for cannabis businesses. She noted the City could put the moratorium in place for however long it would like. Council Member Lindstrom stated he would not be supporting the moratorium. Council Member Cermak reported she was allergic to cannabis and the smoke coming from cannabis. She was sad the State of Minnesota passed legislation that made cannabis legal. Acting Mayor Meehlhause explained the timeline for the moratorium aligns with the State approving licensing. He asked if the moratorium could be repealed sooner if the City Council had zoning code requirements in place. City Attorney Riggs reported this would have to occur once the zoning codes were in place. Ayes – 2 Nays – 2 (Cermak and Lindstrom) Motion failed. B. Introduction and First Reading of Ordinance 1007 Prohibiting Use of Cannabis and Hemp in Public Places. City Attorney Riggs requested the Council introduce an ordinance prohibiting the use of cannabis and hemp in public places. He explained a number of communities were looking at putting this type of legislation in place. He reported the ordinance has a simple and broad definition for public places. He indicated this ordinance would be similar to how tobacco smoke was treated in City parks. He noted that this ordinance should be viewed as a tool. He recommended the ordinance include language to address the use of medical cannabis. Acting Mayor Meehlhause asked what was included in public places. He questioned if schools were included. City Attorney Riggs reported this included City parks, City right of way (including sidewalks), City Hall and the Community Center. He noted that schools were covered under the Cannabis Act. Acting Mayor Meehlhause opened the meeting for public comment. Dr. Jean Strait, 7728 Knollwood Drive, anticipated vaping was more of a concern in schools than cannabis use. She questioned how the City would regulate something that could not be identified. She feared the City was worrying about the wrong things. Mounds View City Council July 31, 2023 Special Meeting Page 5 City Attorney Riggs clarified the Ordinance was simply a tool. Don Lindstrom, 8470 Long Lake Road, inquired if public places included local bars and restaurants. He asked if THC infused drinks would be allowed. City Attorney Riggs stated this use was already legal and this ordinance would only address the smoking of cannabis in public places. He reported the clean indoor air act does apply to this. Dennis Frohm, 7840 Bona Road, discussed how vaping brings a tremendous amount of moisture into the lungs, which damages the lungs. He explained vaping cannabis brings the cannabis drug and moisture into the lungs. He reported this could be even worse for people. Joyce Jones Strait, 7728 Knollwood Drive, stated hemp and cannabis are two separate things. City Attorney Riggs explained he understood this to be the fact and noted this ordinance was following State Statute. He anticipated that the State legislature would be making more changes in the 2024 legislative session. Ms. Jones Strait questioned how CBD products were being regulated by the City. City Attorney Riggs reported the City was not regulating CBD products. Mr. Frohm stated he was from the Chicago area. It was his understanding that the states that have already made cannabis legal were not having any problems with upticks in crime, but rather were seeing benefits of increased revenue streams. He recommended the City Council support letting people use cannabis in Mounds View. Dr. Strait asked if the definition of hemp derived products should be further considered. City Attorney Riggs explained he was using the definitions within State Statute. MOTION/SECOND: Gunn/Cermak. To Waive the First Reading and Introduce Ordinance 1007 Prohibiting Use of Cannabis and Hemp in Public Places as amended directing staff to include language regarding the use of medical cannabis. Council Member Lindstrom stated he supported the City having regulations in place that would keep cannabis away from children using public places. He stated his only concern was with the fact 31% of the population of Mounds View was renters. He suggested the City consider having a cannabis friendly public space, such as Ardan Park, because the park was already so underutilized. He indicated he supported the City considering opening a municipal cannabis dispensary as well. City Attorney Riggs stated this was something the City could consider. Julie Clark, 8005 Woodlawn Drive, explained she was not opposed to the idea. Mounds View City Council July 31, 2023 Special Meeting Page 6 Acting Mayor Meehlhause feared that if cannabis was allowed in one park, it would then spill over into other parks in the community. CR Barrigan, 7765 Spring Lake Road, explained he was 84 years old and was living with cancer. He reported he has been in recovery for 41 years. He stated in his recovery he was in support groups with parents of addicted children. He indicated he knows what it is like to have a son die in his arms. He feared that the City could put all the legislations in place that they wanted, but nothing would change. Ayes – 4 Nays – 0 Motion carried. C. General Discussion/Issues regarding the above-referenced matters. City Attorney Riggs asked if the Council wanted him to bring back other cities definitions for public places. Council Member Gunn stated she would appreciate this information. Acting Mayor Meehlhause agreed this would be valuable information. 9. REPORTS A. Reports of Mayor and Council. Council Member Gunn reported Night to Unite would be held on Tuesday, August 1, 2023. B. Reports of Staff. Human Resources Director Ewald reported the affidavit for candidacy for mayor opens on August 1, 2023 through August 15, 2023. C. Reports of City Attorney. City Attorney Riggs had nothing additional to report. 10. Next Council Work Session: Monday, August 7, 2023, at 6:00 p.m. Next Council Meeting: Monday, August 7, 2023, at 6:00 p.m. 11. ADJOURNMENT The meeting was adjourned at 8:52 p.m. Transcribed by: Heidi Guenther Minute Maker Secretarial