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HomeMy WebLinkAboutCC MINUTES 080820231 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES AUGUST 8, 2023 CALL TO ORDER. Mayor Stille called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE. Mayor Stille invited the Council and audience to join in the Pledge of Allegiance. ROLL CALL. Present: Mayor Stille, Councilmembers Jenson, Walker, and Webster. Absent: Councilmember Randle. Also Present: City Manager Charlie Yunker, City Planner Steve Grittman, Fire Chief Mark Sitarz, Police Chief Mangseth, Officer Braden McNair, and Assistant to the City Manager Nicole Miller. CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS. I. APPROVAL OF AUGUST 8, 2023 CITY COUNCIL MEETING AGENDA. Motion by Councilmember Jenson, seconded by Councilmember Webster, to approve the City Council Meeting Agenda of August 8, 2023 as presented. Motion carried 4-0. H. PROCLAMATIONS AND RECOGNITION. A. City Commendation Life Saving Award — Fire Chief Mark Sitarz. B. Department Commendation Life Saving Award — Officer Braden McNair. Mayor Stille announced Fire Chief Mark Sitarz will be receiving the City Commendation Life Saving Award and Officer Braden McNair the Department Commendation Life Saving Award for acts of heroism when they put themselves in harms way to rescue a child with autism. This heroism was shown on social media and the news. City Manager Yunker presented the award to Fire Chief Mark Sitarz. Police Chief Mangseth presented the award to Officer Braden McNair. Fire Chief Sitarz stated he appreciates the award and is thankful Officer McNair was also there. Officer McNair thanked everyone for their support. Mayor Stille thanked both for their actions. The interactions between the Fire and Police Departments is great. Photographs were taken with the City Council and others. City Council Regular Meeting Minutes August 8, 2023 Page 2 III. CONSENT AGENDA. 4 A. Approval of July 25, 2023 City Council Meeting Minutes. 5 B. Licenses and Permits. 6 C. Claims. 7 D. Resolution 23-041 — Approving the Agreement with Ramsey County to Provide Five 8 Benches to the City of St. Anthony. 9 10 Motion by Councilmember Wallker, seconded by Councilmember Webster, to approve the 11 Consent Agenda items. 12 13 Motion carried 4-0. 14 15 IV. PUBLIC HEARING. 16 17 A. Ordinance 2023-05 — An Interim Ordinance Establishing a Moratorium on the Use of any 18 Land, Acceptance of Applications, or the Issuance of any City Permits, for the Sale. 19 Manufacture, or Distribution of any Cannabis Products Regulated Under Minn. Stat. 20 §342 and/or Minnesota Session Laws 2023, Chapter 63. 21 22 Mayor Stille opened the public hearing at 7:16 p.m. 23 24 City Planner Grittman reviewed before Council is an interim ordinance establishing a 25 moratorium on the use of land for sales, manufacturing, or distribution of cannabis products 26 within the Village. The State Legislature authorized both personal use and business activities 27 related to cannabis products in its 2023 session. 28 29 The Ordinance is to be considered following a public hearing, which has been noticed for this 30 meeting date. 31 32 Personal use (including use, possession, and growing) of these products became legal throughout 33 the state of Minnesota on August 1, 2023. The relevant statute authorized personal use in specific 34 areas, and prohibited it in others, although Cities are left to regulate a variety of public places 35 separately. 36 37 The Statute also authorizes business activities related so sales, manufacturing and distribution of 38 cannabis. These activities will be licensed through a new state "Office of Cannabis 39 Management', which is still being established and staffed. As such, business activities are not 40 expected to begin prior to January 1, 2025. As such, the proposed interim ordinance establishes a 41 local moratorium through that date, allowing St. Anthony to study the land use and public health 42 issues related to the new law and create relevant regulations around businesses that may seek a 43 St. Anthony location. This interim ordinance addresses business aspects of cannabis only — the 44 personal use issues are not subject to the moratorium. 45 El 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 City Council Regular Meeting Minutes August 8, 2023 Page 3 11 VI. Staff recommends that the City Council adopts the proposed interim ordinance and directs staff to conduct the relevant studies for City Council review and consideration. Mayor Stille noted Council has attended sessions explaining the issues. Councilmember Webster appreciated Mr. Grittman's clarification of the moratorium that is requested. Mr. Grittman explained the moratorium addresses the business side. Mayor Stille asked when the moratorium can be lifted. Mr. Grittman stated it can extend through January 1, 2025. This gives the City time to research further. It is expected to be lifted as soon as the State's Office is in place. Mr. Grittman stated the City received a letter dated August 7, from eight signatories which was included in the Council packet. Mayor Stille noted he read the letter believes the misunderstanding about the sale of THC beverages and wanting the liquor stores to be able to sell them. Mayor Stille closed the public hearing at 7:24 p.m. Motion by Councilmember Walker, seconded by Councilmember Webster, to adopt Ordinance 2023-05 — An Interim Ordinance Establishing a Moratorium on the Use of any Land, Acceptance of Applications, or the Issuance of any City Permits, for the Sale, Manufacture, or Distribution of any Cannabis Products Regulated Under Minn. Stat. §342 and/or Minnesota Session Laws 2023, Chapter 63. Motion carried 4-0. REPORTS FROM AND STAFF - NONE. GENERAL BUSINESS OF COUNCIL. A. Resolution 23-042 — Approving Summary Publication of Ordinance 2023-05. City Manager Charlie Yunker reviewed Council is requested to approve the Summary Publication of Ordinance 2023-05. Motion by Councilmember Webster, seconded by Councilmember Jenson, to approve Resolution 23-042 — Approving Summary Publication of Ordinance 2023-05. Motion carried 4-0. B. Resolution 23-043 — Approving a Special Event Permit at 2510 Kenzie Terrace on August 27, 2023. City Manager Yunker reviewed David Maceda, owner of Catrina's has submitted a request for a Special Event Permit for the Despues de la Playa "pop-up" event on August 27, 2023 located at 2510 Kenzie Terrace from 12 p.m. — 6 p.m. The event will be held in the parking lot where up to City Council Regular Meeting Minutes August 8, 2023 Page 4 1 20 local small businesses will be selling merchandise and amplified music will be playing. They 2 expect approximately 100 people to attend the event. No alcohol will be served. 4 Staff recommends approval of the Special Event Permit to David Maceda for August 27, 2023. 5 6 Councilmember Jenson stated he does not see any reason this should not be approved. 7 8 Motion by Councilmember Walker, seconded by Councilmember Jenson, to approve Resolution 9 23-043 — Approving a Special Event Permit at 2510 Kenzie Terrace on August 27, 2023. 10 11 Motion carried 4-0. 12 13 C. Resolution 23-044 — Authorizing Staff to Contract with Rose City to Replace Dynamic 14 Display Sign at City Hall. 15 16 Assistant to the City Manager Miller reviewed the current McKay LED dynamic display sign 17 located at City Hall was installed in 2000 and is no longer working. Over the years we had been 18 fortunate to have one option for sign repairs unfortunately our repair service is no longer 19 available and we have been unable to locate alternative repair services for the sign. 20 21 Staff has participated in demonstrations from two vendors and is recommending Option #2 in 22 full color, from Rose City. The cost of the new sign is $53,231.00. This includes installation of a 23 new 15.85mm message center on our current sign base, removal and disposal of existing sign, 5 24 year warranty on parts & 1 year warranty on labor and lifetime cellular plan. Electrical hookup 25 for the new sign will be an additional charge. The sign is a budgeted item for replacement in 26 2024. 27 28 Highlights of the sign operation include: 29 • Cloud based program, ability to edit from anywhere. 30 • Ability to change color of text. 31 • Ability to add play schedule to message. 32 • Ability to Activate Amber Alerts and (Integrated Public Alert & Warning System) 33 IPAWS alerts to sign. 34 • Functionality to utilize images if allowed in the future. 35 36 Staff is recommending authorizing staff to contract with Rose City for replacement of dynamic 37 display sign at City Hall. Ms. Miller asked if Council wishes to have the Code Review 38 Committee take a look at our dynamic display sign ordinance and review for modifications to 39 current policies and comparisons to surrounding cities? 40 41 Councilmember Jenson asked if the current sign is no longer repairable and Ms. Miller stated 42 that is correct. Councilmember Jenson asked about what the Code Review Committee would 43 review and Ms. Miller stated they would review color of the signage and whether images should 44 be included. 45 City Council Regular Meeting Minutes August 8, 2023 Page 5 Councilmember Webster asked about options provided and Ms. Miller explained the options. Councilmember Webster noted she has heard from residents they rely on the sign for updates and announcements. Mayor Stille stated he hasn't received any feedback from residents. The sign needs to be replaced with something. Councilmember Jenson stated it is a mainstay and should be replaced. 10 Motion by Councilmember Webster, seconded by Councilmember Walker, to approve 11 Resolution 23-044 — Authorizing Staff to Contract with Rose City to Replace Dynamic Display 12 Sign at City Hall. 13 14 Motion carried 4-0. 15 16 D. Ordinance 2023-04 — Granting CenterPoint Energy Resources Corp. D/B/A CenterPoint 17 Energy Minnesota Gas ("CenterPoint Energy"), Its Successors and Assigns, a 18 Nonexclusive Franchise ("Franchise") to Construct, Operate, Repair and Maintain 19 Facilities and Equipment for the Transportation, Distribution, Manufacture and Sale of 20 Gas Energy for the Public and Private Use and to Use the Public Ways and Grounds of 21 the City of St. Anthony, Minnesota, for Such Purpose; and Prescribing Certain Terms and 22 Conditions Thereof. 23 24 City Manager Yunker reviewed The City currently has a franchise ordinance allowing 25 CenterPoint Energy a nonexclusive right to use public grounds and rights of way to distribute 26 natural gas to customers within the City. The current ordinance expires soon and requires 27 consideration of a new ordinance for a 20 year period. 28 29 A copy of the proposed franchise ordinance was included and is similar to the current ordinance 30 in that it requires (1) agreement with the City about location of gas utilities, (2) allows the City to 31 charge a franchise fee to be established as part of your annual fee schedule (as long as consistent 32 with Minnesota Public Utilities Commission), (3) allows the City to charge permit fees 33 consistent with an annual schedule, and (4) allows the City to require escrow deposits, prior to 34 disturbing any public ground. Mr. Yunker stated based on this, there should be no substantial 35 changes to the way the franchise operates over the next 20 years. 36 37 Motion by Councilmember Webster, seconded by Councilmember Jenson, to approve Second 38 Reading of Ordinance 2023-04 — Granting CenterPoint Energy Resources Corp. DB/A 39 CenterPoint Energy Minnesota Gas ("CenterPoint Energy"), Its Successors and Assigns, a 40 Nonexclusive Franchise ("Franchise") to Construct, Operate, Repair and Maintain Facilities and 41 Equipment for the Transportation, Distribution, Manufacture and Sale of Gas Energy for the 42 Public and Private Use and to Use the Public Ways and Grounds of the City of St. Anthony, 43 Minnesota, for Such Purpose; and Prescribing Certain Terms and Conditions Thereof. 44 45 Motion carried 4-0. 46 City Council Regular Meeting Minutes August 8, 2023 Page 6 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 3 City Manager Yunker announced curbside branch pickup is happening and residents can sign-up 4 online. 6 Councilmember Webster stated on July 20 she attended the North Suburban Communications 7 Commission Meeting and also NineNorth. On August 2 she attended the Sister City Picnic. She 8 thanked the organizers and volunteers for VillageFest. 9 10 Councilmember Walker stated he attended the Sister City Picnic also. He attended the 11 VillageFest parade and VillageFest activities. 12 13 Councilmember Jenson stated he attended National Night Out on July 22. He attended on July 19 14 an Open House for Northeast Youth and Family Services. He participated in the VillageFest 15 parade and also attended the Sister City Picnic. On July 24 he attended the budget and capital 16 meeting for Northeast Youth and Family Services. On July 25 he attended the Ramsey County 17 Local League of Governments Exec Board Meeting. 18 19 Mayor Stille on July 30 was the kickoff to the Sister City Program along with activities on July 20 31. Council was invited to go to Salo, Finland next year. On August 1, he attended Night to 21 Unite. On August 2, he attended the Sister City Picnic. On August 3, he attended the Salo Park 22 Concert as well as VillageFest activities. 23 24 VIII. COMMUNITY FORUM. 25 26 Ms. Leah Kluz, 2516 37a' Avenue, shared her comments about the I9 implementation program. 27 She has contacted the Council regarding this. It was implemented in many cities for wastewater 28 control and was primarily a point of sale requirement. St. Anthony took it one step further which 29 presents a burden for rental property owners but notification to rental property owners was never 30 provided. She reached out to Met Council and spoke with engineers and some were unaware it 31 was attached to the rental properties in St. Anthony. Her sewer line failed and she could not get 32 answers as to the pass/fail criteria. She stated it is unfair for them to carry the burden for the 33 entire City and requested the ordinance be amended. 34 35 Mr. Tom Gritz, 3302 Roosevelt Court, stated he echoes what Ms. Muse said. He owns a rental 36 property and wants the rationale as to why it is only affecting rental property owners. 37 38 Mr. Bill Clemens, 3412 Edwards Street, stated the percentage of rental single family houses in 39 St. Anthony is 3%. The 97% should be considered. He does not understand the plan. His sewer 40 was scoped•and it failed. He does not know what the criteria is. He asked what the passing rate 41 was for rental properties. 42 43 Mr. Elliot Ikeler, 3533 Roosevelt, stated he owns rental property. He bought his house right 44 before the ordinance was passed. His rental property passed but the house he lives in has sewer 45 problems. He asked Council to reconsider this to affect the entire City. 46 City Council Regular Meeting Minutes August 8, 2023 Page 7 1 Mr. Jan Shee, 3200 39a' Avenue NE, received a notice to inspect the sewer system. Their 2 inspection was done but this issue needs to look at the City as a whole. He asked the City to 3 install a tracking system to determine how many have passed inspection. 4 5 Mr. Tracy Woullet, 3519 Edwards Street, stated his property was inspected by drain solutions 6 and was told it looked very good with only one thin root coming in. He received from the City 7 that they failed so it seems like an arbitrary process. He noted the criteria needs to be explained. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Mr. Alan Kluz, 2600 37°i Avenue, stated he knows what is going on in surrounding cities. He went to City's website for licensure. He referred to the purpose statement on the City's website and stated the requirements for pass/fail need to be communicated. He felt the Ordinance was unfair to rental property owners. Mayor Stille stated this is a regional issue and a memorandum of understanding was issued between the City and the Met Council. This is what they are adhering to at this time but policies can be reviewed and modified if necessary. The Council will consider and take it under advisement. IX. INFORMATION AND ANNOUNCEMENTS - NONE. X. ADJOURNMENT. Mayor Stille adjourned the meeting at 8:05 p.m. Respectfully submitted, Debbie Wolfe Timesaver Off Site Secretarial, Inc. ATTEST: ty Clerc