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HomeMy WebLinkAboutCC MINUTES 061120241 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 JUNE 11, 2024 CALL TO ORDER. Mayor Webster called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE. Mayor Webster invited the Council and audience to join her in the Pledge of Allegiance. ROLL CALL. Present: Mayor Webster, Councilmembers Doolan, Jenson, and Stephens. Absent: Councilmember Randle Also Present: City Manager Charlie Yunker, City Planner Steve Grittman, and WSB Representative Katie Koscielak. A moment of silence was held in honor of Jamal Mitchell, a Minneapolis Police Officer killed in the line of duty. CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS. II. APPROVAL OF JUNE 11, 2024 CITY COUNCIL MEETING AGENDA. Motion by Councilmember Doolan, seconded by Councilmember Stephens, to approve the City Council Meeting Agenda of June 11, 2024. Motion carried 4-0. II. PROCLAMATIONS AND RECOGNITIONS - NONE. III. CONSENT AGENDA. A. Approve May 28, 2024, Council meeting minutes. B. Licenses and permits. C. Claims. D. Resolution 24-039 — Approving a Financial Contribution for Eurasian Milfoil Treatment of Silver Lake. Motion by Councilmember Jenson, seconded by Councilmember Doolan, to approve the Consent Agenda items. Motion carried 5-0. City Council Regular Meeting Minutes June 11, 2024 Page 2 IV. PUBLIC HEARING - NONE. V. REPORTS FROM COMMISSION AND STAFF. A. Ordinance 2024-02 — Amending the St. Anthony City Code by Amending Title IX Sections 91.06 and 91.56 of the City Code Relating to Animals. 8 City Planner Steve Grittman reviewed the proposed Ordinance amendment has been generated 9 by the Parks and Environmental Commission (PEC) to allow beekeeping in St. Anthony. If 10 adopted, beekeeping would be allowed upon approval of the City Council as a waiver from what 11 is currently a prohibition on "farm animals". The approval would be subject to a set of 12 regulations that are designed to ensure that applicants are thoroughly trained to responsibly keep 13 and maintain bees on their residential property. 14 15 The existing City Code provisions relevant to "farm animals" prohibit them in the City, with the 16 allowance that the City Council may approve specific requests, waiving the usual prohibition. 17 This waiver has been primarily utilized for chickens in the past. There are no specific 18 requirements for the keeping of chickens, however, staff and the Council routinely add 19 requirements to ensure that chicken facilities are installed and managed to minimize 20 neighborhood concerns. 21 22 For bees, the waiver process would still exist, however, extensive requirements for bees are 23 proposed. Beekeeping operations can be difficult for potential beekeepers to successfully and 24 safely implement in residential environments, and the requirements in the proposed ordinance 25 are intended to address those issues. 26 27 Staff requests the City Council consider this first reading of a proposed ordinance to allow 28 beekeeping in the City's residential areas, subject to the regulations and standards included in the 29 draft language. If approved, a formal ordinance amendment will be prepared for subsequent 30 readings in anticipation of final adoption. 31 32 The Planning Commission considered the proposed ordinance language at a public hearing at its 33 regular meeting on May 21, 2024. The Commission recommends adoption of the ordinance, but 34 made a number of recommended modifications to the proposed language which have been 35 incorporated into the draft. 36 37 The Commission's comments (as well as staff input) include the following changes from the 38 draft forwarded by the PEC: 39 40 1. The language is modified to refer to the process as a specific permission of the City Council, 41 similar to the way in which chicken requests are proposed — as opposed to a "permit" or 42 "license". 43 2. The language is modified to simplify notice to neighbors of a potential application, in that 44 abutting property owners would be notified by the City of the proposed request. Neighbors 45 could submit concerns, including notification of any bee sting allergies. This alters the PEC's City Council Regular Meeting Minutes June 11, 2024 Page 3 1 draft which included requirements that all neighbors within 100 feet had been notified, and 2 certified that none of those neighbors had documented bee sting allergies. 3 3. The language is modified to require only a single application (rather than the PEC's draft 4 which required an annual renewal). Instead, the approval would lapse if the beekeeper either 5 discontinued the operation, or was found to be out of compliance with the requirements of 6 the code. 7 4. The proposed language is modified to authorize the City Manager to approve the course of 8 education submitted by the applicant. 10 The PEC made three additional modifications related to (F) License Term; (G) Allergy Issues; 11 and (I) Location. The changes are summarized as: 12 13 (F) Staff added to the approval section to create an administrative renewal for licenses 14 on an annual basis, unless the City Manager finds that the request requires City Council 15 review. 16 17 (G) License Limitations for Allergies. The ordinance creates a requirement for 18 potential applicants to survey neighboring property owners as to "medically documented" 19 allergies. The original language in the PEC version required documentation for all 20 property owners within "100 feet" of the subject parcel. Administration of this 21 requirement may prove complicated, and as such, the standard is proposed to be limited 22 to "abutting property". 23 24 (L) Location — Planning Staff modified the original draft language that required a 200 25 foot separation between hive placements and any property zoned other than R-1, Single 26 Family. Instead, Planning Staff proposes that on any property "abutting" non-R-I 27 property, the hive shall be located as far as practical from the non-R-I boundary. It is 28 believed that the 200-foot buffer distance would be difficult to manage, and would 29 exempt many R-1 parcels from eligibility. 30 31 Councilmember Jenson asked about location and asked for explanation of R-1 and non-R-1 32 properties. Mr. Grittman stated the belief is the beekeeper is a resident of a single family home in 33 a single family neighborhood. Apartment buildings would not have any beekeepers near them. 34 35 Councilmember Stephens asked how the City ensures communication is sent to affected 36 residents and Mr. Grittman stated neighbors are notified in mailing. Councilmember Stephens 37 asked how it can be confirmed that notification was done and Mr. Grittman responded that would 38 be a function of the City. 39 40 Mayor Webster asked for more information on allergies and if a neighbor receives a notice and 41 has an allergy, would they come to the Council Meeting where that request was reviewed. They 42 could also submit in writing to the City their concern. Mayor Webster noted if someone had an 43 allergy to bee stings they would need to publicly disclose health information. Mr. Grittman stated 44 the original thought was the applicant would collect information from the neighbor. This would 45 be the process for approaching the City with the allergy information. 46 City Council Regular Meeting Minutes June 11, 2024 Page 4 Councilmember Doolan asked if the process of notifying the neighbors included communication that a neighbor has an allergy would the application be dismissed at that time. Councilmember Doolan recognized Richard Santar for all his research and the Planning Commission and Park Commissions for their in-depth review and comments. Councilmember Doolan asked about the keeping of bees in Section A. She assumes this addresses liability and by passing this ordinance the City is not assuming any liability. In Section G the language needs updating regarding renewal. Compliance with the Code is not a defense for a civil issue. 9 Mayor Webster noted that the beekeeping application requires proof of learning about the 10 keeping of bees. This differs from the ordinance regarding the keeping of chickens. Mayor 11 Webster suggested staff address the concern if there is a new allergy determined by a resident 12 after the bees are in place. Councilmember Doolan stated if an allergy is determined that would 13 result in a nuisance claim against the applicant/beekeeper. Mr. Grittman stated that would be 14 between the neighbors. Upon notification to neighbors if an allergy is determined it will be 15 brought to the Council when considering the application. 16 17 Councilmember Jenson asked how other communities handled this. Mr. Grittman stated he could 18 obtain the information from the Code Official Richard Samar. Councilmember Stephens stated it 19 would be nice to know what other cities are doing as far as allergies are handled. Mayor Webster 20 stated she is curious to see how other cities handle this. 21 22 Motion by Councilmember Doolan, seconded by Councilmember Stephens, to approve First 23 Reading of Ordinance 2024-02 — Amending the St. Anthony City Code by Amending Title IX 24 Sections 91.06 and 91.56 of the City Code Relating to Animals. 25 26 Motion carried 5-0. 27 28 B. Ordinance 2024-03 — Amending the St. Anthony City Code, by Amending Title XI 29 Section 152.188 Relatingto o Regulation of the Sale and Distribution of Cannabis 30 Products. 31 32 City Planner Steve Grittman reviewed as the City has discussed, the State of Minnesota has 33 passed legislation during the 2023 legislative session legalizing various aspects of cannabis use, 34 sales, agriculture, and manufacturing. The legislation follows 2022 legalization of certain low- 35 potency hemp -based THC products. The City of St. Anthony subsequently adopted regulations 36 for hemp-THC products. 37 38 In August of 2023, the City adopted a moratorium on cannabis -related businesses (as authorized 39 by the legislation), in anticipation of the State's establishment of an agency and rule -making 40 activities. The State has created the Office of Cannabis Management (OCM) to carry out the 41 requirements of the legislation, with an originally -anticipated start date of January, 2025. While 42 that date may shift some, the City is seeking to update its zoning regulations to comply with the 43 local land use impacts of the legislation. A draft ordinance establishing basic zoning regulations 44 was provided for Council consideration. 45 City Council Regular Meeting Minutes June l 1, 2024 Page 5 1 One aspect of the City's regulation to note is personal cannabis use, which was legalized by the 2 2023 legislation, and took effect in August of last year. As part of that process, the City 3 separately established a prohibition on smoking in public places, which is applicable to any 4 smoking or product. That aspect of the City's regulation is not further addressed by the materials 5 for this review. 6 7 As additional guidance and requirements are adopted by the Office of Cannabis Management 8 and/or the League of Minnesota Cities, additional changes or amendments are likely to follow 9 this proposed amendment. 10 I 1 Staff requests that the City Council consider adoption of the Ordinance 2024-03. As a zoning 12 regulation, it may be adopted in a single reading, or the Council may consider the item over three 13 readings as is common to other Ordinance amendments as desired. Staff recommends that the 14 moratorium ordinance enacted in August continue in force as further materials are generated by 15 the State of Minnesota over the next several months. 16 17 The Planning Commission reviewed the proposed regulations and ordinance at their meeting in 18 April and then at a public hearing on May 21, 2024. No members of the public submitted 19 comments, nor were any present to comment at the hearing. 20 21 The Commission voted to recommend approval of the proposed ordinance, with the bulk of the 22 discussion centered on the prospective buffer distance between commercial childcare facilities 23 and any cannabis retailer. The statute permits the City to create a buffer of up to 500 feet for such 24 facilities. The Planning Commission believes that this distance was overly restrictive, given the 25 nature of the uses, and the mapping of potential exclusion zones if adopted to the fullest extent. 26 Following its discussion, the Commission recommended a separation buffer of 100 feet between 27 cannabis retailers and licensed commercial childcare facilities. 28 29 Mr. Grittman provided a detailed background and review including Land Use Aspects of 30 Cannabis Legalization, and Local Limitations. The primary zoning separation requirements 31 would apply to the daycare facilities in the south portion of St. Anthony as follows: 32 33 • 3055 Old Hwy 8 (Ikram Child Care) — Any exclusion distance for the daycare facilities 34 at 3055 Old Hwy 8 would result in a prohibition of retail sales for other potential 35 commercial/industrial uses on that site. Depending on the separation distance chosen, the 36 industrial property south of Highway 88 could be impacted — the closest distance to 37 those areas appears to be approximately 270 feet. 38 39 • 2812 Anthony Lane South (Jack and Jill Preschool and Childcare) — This daycare parcel 40 is located in an industrial park area. Exclusion of cannabis businesses of any distance 41 will impact some potential retail locations, primarily as a part of a "micro-" or "mezzo-" 42 business which does some form of industrial processing and proposes to also sell retail 43 products as an aspect of the business. The number of parcels impacted will depend on 44 the separation distance chosen. 45 City Council Regular Meeting Minutes June 11, 2024 Page 6 2955 Pentagon Drive (Step by Step Montessori) — This facility is located in the St. Anthony Shopping Center, zoned Commercial. Much of the shopping center area would be prohibited from retail sales, again depending on the size of the separation distance adopted. 6 The statute permits (but does not require) the City to create exclusion distances from schools, 7 parks, and childcare facilities to any cannabis facility that includes retail sales. For St. Anthony, 8 the proximity of schools and parks to any potential Commercial or Industrial site is not 9 applicable, given the geography and land use pattern. The primary issue would be the location of 10 childcare facilities in the south portion of the City. 11 12 Mr. Grittman noted this can be first reading or the ordinance can be passed. 13 14 Councilmember Doolan recognized the Planning Commission on their work on this Ordinance 15 amendment. A residential treatment center was brought up by the Commission and asked if that 16 should be added. Mr. Grittman asked if a buffer zone around treatment centers was being 17 requested. Councilmember Doolan agreed. 18 19 Mayor Webster stated she appreciates the State Statute contains distances that cannot be 20 exceeded for example 500 feet from a daycare. There are parameters that we can work with. 21 22 Councilmember Jenson thanked Mr. Grittman for drafting this ordinance. He suggested this 23 ordinance be done in three readings after some other questions are addressed. Mr. Grittman noted 24 one question relates to home daycares that the OCM will need to address. 25 26 Mayor Webster noted since cannabis is a legal substance it needs to be considered along with 27 tobacco and alcohol. She asked how far a liquor store can be from a daycare center. She 28 suggested Council look at the Code closely and determine if alignment is necessary. She agreed 29 to have it go through three readings. Mr. Grittman stated it would be a policy discussion on 30 aligning the use locations and the sale locations. 31 32 Councilmember Jenson asked if smoking restrictions were looked at for marijuana. Mr. Grittman 33 stated the City adopted a prohibition on smoking cannabis with the prohibition of smoking 34 tobacco products following the Minnesota Clean Air Act. 35 36 Mayor Webster suggested the Council look at renaming Salo Park as Salo Amphitheater. Mayor 37 Webster summarized some items brought up as the buffer distance from a daycare following 38 Planning Commission's recommendation of reducing it to 100 feet and the buffer from parks. 39 Councilmember Jenson asked why the reduction was recommended. Mr. Grittman stated the 40 Commission believed that the daycare children would always be supervised by adults and would 41 not wander into a cannabis store. Councilmember Jenson noted the liquor store is within 100 feet 42 of the Montessori School. Councilmember Doolan asked how far it is. Councilmember Jenson 43 stated the City should be consistent. Mr. Grittman stated it is 300 feet from the liquor store 44 entrance to the Montessori School entrance. 45 City Council Regular Meeting Minutes June 11, 2024 Page 7 Councilmember Doolan noted Salo Park was not listed in the draft Ordinance. She suggested 100 feet is too few feet for a buffer from a daycare. Mayor Webster suggested reducing it from 500 to 300 feet and that was the consensus of the Councilmembers. This applies to retailers of cannabis products. The State does not allow the City to prohibit manufacturers, growers or distributors. Mr. Grittman noted the moratorium is still in place until January 1, 2025. 7 Motion by Councilmember Jenson, seconded by Councilmember Stephens, to approve First 8 Reading of Ordinance 2024 — Amending the St. Anthony City Code, by Amending Title XI 9 Section 152.188 Relating to Regulation of the Sale and Distribution of Cannabis Products with 10 amendment discussed. 12 Motion carried 5-0. 13 14 VI. GENERAL BUSINESS OF COUNCIL. 15 16 A. Resolution 24-040 — Ordering Preparation of Feasibility Report for the 2025 Street and 17 Utility Improvements. 18 19 Ms. Katie Koscielak reviewed this resolution is for ordering preparation of a feasibility report for 20 the 2025 Street and Utility Improvement Project. The following locations are proposed for 21 improvement: 22 23 Street & Utility Reconstruction 24 • Macalaster Drive from 39`h Avenue to Railroad. 25 26 Mill and Overlay 27 • 30 Avenue NE from Stinson Boulevard to Silver Lake Road. 28 • 30' Avenue NE from Stinson Boulevard to Silver Lake Road. 29 • Armour Terrace from Roosevelt Street NE to Silver Lake Road. 30 • Murray Avenue from Roosevelt Street NE to Coolidge Street NE. 31 • 29`h Avenue NE from Silver Lake Road to Highway 88. 32 • Roosevelt Street NE from St. Anthony Boulevard to 30`h Avenue NE. 33 • Wilson Street NE from St. Anthony Boulevard to 30`h Avenue NE. 34 • Coolidge Street NE from St. Anthony Boulevard to 29th Avenue NE. 35 • Anthony Lane N from 29`h Avenue NE to Cul-de-sac. 36 37 Repave Trail and Basketball Court (Optional Bid) 38 • Central Park. 39 40 Ms. Koscielak reviewed the method for selection of reconstruction Projects, Mill & Overlay 41 Projects and Thin Maintenance Overlays. The Project Schedule was also reviewed. 42 43 Residents can sign up to receive email and/or text message project status updates by visiting the 44 project webpage located under Government then Projects on the City's website at 45 https:Hsavnm.com. .,, 4 6 7 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 City Council Regular Meeting Minutes June 11, 2024 Page 8 Councilmember Doolan asked if the plans include raising the trail that goes through Central Park that is many times under water. Ms. Koscielak stated they can look at that. Councilmember Doolan asked about the Macalaster Drive that has limited access and alternative parking. Ms. Koscielak stated they are looking at that to make sure residents can get in and out during the project through temporary parking opportunities. Motion by Councilmember Doolan, seconded by Councilmember Jenson, to approve Resolution 24-040 — Ordering Preparation of Feasibility Report for the 2025 Street and Utility Improvements. Motion carried 5-0. VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. City Manager Yunker announced Zach Lundberg has left St. Anthony for a position in Maple Grove and wished him well. Night to Unite registration has opened. He thanked residents who have submitted their water surface line inventory to their City. Councilmember Doolan stated on May 29 she toured the Towerside Innovation District. In June she helped the Middle School Garden Club put in gardens. She also helped residents get connected to the a -bike rebate. On June 10, she attended the Chamber of Commerce Meeting. Councilmember Jenson had no report. Councilmember Stephens had no report. Mayor Webster noted on May 28, she and City Manager Yunker met with Dr. Chad Weinstein. On May 29, she met with 51' graders interested in building a community garden. On June 2, she met with a teenager who was starting a window -washing business. On June 3, she attended the scholarship award ceremony at St. Anthony High School. On June 7, she and City Manager Yunker had a meeting with some residents of St. Anthony and also attended a welcome back to the neighborhood celebration for a family who lost their home to a fire. She thanked the St. Anthony Police Officers who were providing support to Minneapolis Police during the funeral for Officer Jamal Mitchell. VIII. COMMUNITY FORUM. Ms. Laura Labarch, 2909 Townview Avenue, stated she was at a meeting a month ago regarding the policing of Falcon Heights. There are 1,000 unfilled police officer positions in Minnesota and it will be difficult to find officers to join St. Anthony for servicing Falcon Heights. The larger police facility will be a burden on the St. Anthony taxpayers. She quoted various articles in newspapers and stated there should be a hard stop at this point due to the tax burden and the decreased police protection for St. Anthony. Ms. Joan Peterson, 3200 Hilldale, referred to comparing cannabis sales to the liquor stores. There is a difference between the liquor store and cannabis sales is that people can purchase and start City Council Regular Meeting Minutes June 11, 2024 Page 9 I smoking in their cars immediately. That would result in impaired drivers. She is concerned about 2 the candidate running for the Council vacancy in that she works for Mary Moriarity. She is 3 concerned about Council having the backs of St. Anthony officers if they were to serve Falcon 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Heights. Mr. Mike Peterson, 3200 Hilldale, stated in a recent work session and Northeaster about the need for expanding the police department facility. He did not like Council welding the need for renovations with expansion needed to serve Falcon Heights. He referred to the survey and asked if % could be shared as to how the respondents responded. IX. INFORMATION AND ANNOUNCEMENTS Mayor Webster received an invite to a Mounds View Juneteenth celebration on June 22 from 1-3 p.m. at the Mounds View Community Center to extend to Councilmembers and St. Anthony residents. She wished a Happy Birthday to Councilmembers Doolan and Stephens. X. ADJOURNMENT. Motion by Councilmember Stephens, seconded by Councilmember Jenson, to adjourn the meeting at 8:35 p.m. Respectfully submitted, Debbie Wolfe TimeSaver Off Site Secretarial, Inc. ATTEST: City Clerk I Rol r Fry, Motion carried 5-0.