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Home My WebLink About07 17 2023 City Council Minutes 1 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL MEETING MINUTES July 17, 2023 1. CALL TO ORDER Mayor Briggs called the meeting to order at 7:00 p.m. Present were Councilors Braid, Burkart, Churchill and Lake. Absent: None. Also in attendance was City Manager Wedel, City Attorney Kendall, Police Chief Duggan, Planner Matzke and Clerk Simon. 2. PUBLIC FORUM No speakers. 3. APPROVAL OF AGENDA MOTION BY BURKART SECOND BY CHURCHILL, TO APPROVE THE AGENDA AS PRE- SENTED. VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 4. APPROVAL OF CITY COUNCIL MEETING MINUTES A. Approval of the June 20, 2023, City Council Minutes MOTION BY BRAID SECOND BY CHURCHILL, TO APPROVE THE JUNE 20, 2023, MEETING MINUTES AS PRESENTED. VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 2 07 17 2023 City Council Meeting Minutes 5. CONSENT AGENDA A. Approval of Claims Listing B. Approval of the Building Permit Summary Report- June 2023 C. Approval of the Animal Control Services Report- June 2023 D. Resolution 23-94 Accepting 2nd Quarterly Donations and Grants E. Approval of Treasurer's Report - May F. Resolution 23-95 Authorizing the Receipt of Quotes and Award the Contract for Roof Mainte- nance on the Public Works Salt Shed G. Resolution 23-96 Approving Work Order for an Evaluation of the City’s Supervisory Control and Data Acquisition (SCADA) system H. Resolution 23-97 Finding the Disposal of EDA-Owned Property at 4662 and 4664 Dakota Street SE has no Relationship to the Comprehensive Municipal Plan I. Resolution 23-98 Accepting Public Improvements for Revere Place (CP 2021-24) J. Approval of an Ordinance 123-04 Amending Prior Lake City Code Section 401, Building Code K. Resolution 23-99 Approving a Temporary Liquor License for Prior Lake Chamber August 11 & 12, 2023 L. Resolution 23-100 Approving a Temporary Liquor License for the VFW August 19, 2023 M. Approval of Miracle Field Use Agreement with P.L.A.Y. MOTION BY BURKART SECOND BY CHURCHILL, TO APPROVE THE CONSENT AGENDA AS PRESENTED. VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Lake: Note on item 5D; we live in a great and well-respected community, which is largely attributed to our partners. Would like to recognize P.L.A.Y. and the SMSC for their continued partnership and donations. 6. PRESENTATIONS A. Police and Fire Updates Police Chief Duggan and City Manager Wedel presented the item. 3 07 17 2023 City Council Meeting Minutes 7. PUBLIC HEARINGS A. Approval of an Interim Ordinance Prohibiting the Operation of Cannabis Businesses City Manager Wedel presented the item to the Council. Braid: This license is mandated by the state per population, are there other businesses that are mandated by the state that a city must have? (Grocery, pharmacy) Wedel: No, not to my knowledge. Public hearing opened at 7:20 p.m. by BRAID seconded by CHURCHILL VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Michael Thomas, 4540 Tower Street SE, PLSAS Superintendent: Speaking from experience in teaching in states with legal recreational use of marijuana, and direct experience in these commu- nities. Appreciate the Council taking time to allow the state to figure out their process, as there is not any regulatory state agency at this time. Want responsible guard rails to ensure the safety of children, as there have been instances of children ingesting products that contain THC without knowledge due to lack of safety controls. Katie Moras, 18591 Mushtown Road, 15033 Highway 13 business owner: Mother, teacher and worked at the Shakopee Women’s Center. Currently have a nonprofit helping women rehabilitate from previous substance abuse. All cases began with marijuana. No city or county will get any financial support from cannabis business but take on 100% of the responsibility. Support of mora- torium as long as legally possible. Proceed with caution; office of cannabis management is in its infancy. Part of the bill requires a committee of varied classifications of people. Not even enough applications to fulfill the committees at this point. No roadside testing for law enforcement. Huge stress for them as each instance of marijuana will require a warrant signed by a judge. “The rules will likely not be enforced until 2025” this includes responses to municipal complaints. This morato- rium provides time to figure all this out. Failure of this moratorium puts a huge disconnect onto public safety. Public Hearing closed at 7:32 p.m. by CHURCHILL seconded by LAKE VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Braid: No doubt that this is one of the most rushed decisions the state took. The city needs more time to figure out the best long-term decisions. In favor of the moratorium. 4 07 17 2023 City Council Meeting Minutes Burkart: Saddened by this legislative session. In favor of decriminalizing cannabis and expunging records, not in favor of legalizing it. Creates a sizeable revenue stream for the state government. In favor of moratorium. Churchill: Echo much of Councilor Braid and Burkart, we need to take the time to figure out what is going on at the state, and not have cannabis for sale until there is a plan. Lake: Unfortunate that we have been dealt with this mess from the state. Appreciate the public forum speakers with their concerns. Briggs: Thank you speakers. It’s unfortunate that there are no guard rails in our community. These are pharmaceuticals, without regulation is irresponsible. Support the moratorium. MOTION BY BURKART SECOND BY CHURCHILL, TO APPROVE ORDINANCE 123-05 PRO- HIBITING THE OPERATION OF CANNABIS BUSINESSES IN THE CITY OF PRIOR LAKE UNTIL JANUARY 1, 2025 OR REVOKED VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 8. OLD BUSINESS None. 9. NEW BUSINESS A. Resolution Approving Rezoning and the Final Plat and Development Agreement for Pike Lake Landing Commercial Planner Matzke presented the item. MOTION BY BRAID SECOND BY BURKART, TO APPROVE ORDINANCE 123-06 AMENDING SECTION 1120.200 OF PRIOR LAKE CITY CODE RELATED TO OFFICAL ZONING MAP FOR THE CITY OF PRIOR LAKE VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 5 07 17 2023 City Council Meeting Minutes MOTION BY BURKART SECOND BY BRAID, TO APPROVE RESOLUTION 23-101 APROVING THE PIKE LAKE LANDING COMMERCIAL FINAL PLAT AND DEVELOPMENT AGREEMENT VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. B. Resolution Approving a Major Planned Unit Development Plan (PUD) Amendment to the Jeffers Pond PUD and the Jeffers Lodge Final Plat and Development Agreement Planner Matzke presented the item. Braid: Thank you for this proposal, this is exactly what I have been hoping to see. MOTION BY BRAID SECOND BY CHURCHILL, TO APPROVE ORDINANCE 123-07 AMENDING SECTION 1120.200 OF PRIOR LAKE CITY CODE AND THE OFFICIAL ZONING MAP FOR THE CITY OF PRIOR LAKE FOR OUTLOT A, JEFFERS CORNER 1ST ADDITION AND RESOLUTION 23-103 ORDERING THE PUBLICATION OF SUMMARY VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. MOTION BY LAKE SECOND BY BRIGGS, TO APPROVE RESOLUTION 23-102 APPROVING THE JEFFERS LODGE FINAL PLAT AND DEVELOPMENT AGREEMENT VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 6 07 17 2023 City Council Meeting Minutes C. Adopt an Ordinance Requiring Sales of Hemp Derived THC Edibles to be Licensed by the City City Manager Wedel presented the item. MOTION BY BURKART SECOND BY CHURCHILL, TO APPROVE ORDINANCE 123-08 RE- QUIRING SALES OF TEMP DRIVED THC EDIBLES TO BE LICENSED BY THE CITY VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. D. Adopt an Ordinance Prohibiting the use of Cannabis in Public City Manager Wedel presented the item. Churchill: How would law enforcement test products to ensure they are smoking THC and not tobacco? Wedel: We would not be testing; it would have to be an obvious use of narcotics. Burkart: We are really at the start of all this, costing a lot of money in legal fees. Keep track of the costs associated with this enforcement. Briggs: Licensing will have a fee associated with it, hoping to ensure that helps recoup some of the cost. Kendall: Wanted to note, the reason we wrote this ordinance to have a maximum penalty of a petty misdemeanor, state statute limited it to that. MOTION BY BURKART SECOND BY BRIGGS, TO APPROVE ORDINANCE 123-09 PROHIBIT- ING THE USE OF CANNABIS IN PUBLIC VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. 7 07 17 2023 City Council Meeting Minutes 10. Removed Consent Agenda Items None. 11. COUNCILMEMBER LIAISON UPDATES / COUNCILMEMBER REPORTS Lake: 6/27 SMSC Dakota Prairie Composting Facility Groundbreaking, 7/12 Assessment Review Work Group, 7/14 Agenda Review Churchill: 6/27 Live Learn Earn Housing Co Chair Meeting, 6/27 SMSC Dakota Prairie Compost- ing Facility Groundbreaking, 7/10 Local Advisory Mental Health Committee, 7/10 Planning Com- mission, 7/12 Chamber of Commerce Board Meeting and Assessment Review Work Group, 7/14 Agenda Review Burkart: 6/26 Transit Funding Formula Meeting with Met Council, 6/28 Minnesota Valley Transit Association Board Meeting, 7/13 HWY 169 Corridor Coalition Meeting, 7/14 Agenda Review, 7/17 Suburban Transit Association Meeting Braid: 6/27 SMSC Dakota Prairie Composting Facility Groundbreaking, 7/11 Prior Lake Spring Lake Watershed Meeting, 7/14 Agenda Review Briggs: 6/21-6/23 League of Minnesota Cities Annual Conference, 6/27 SMSC Dakota Prairie Com- posting Facility Groundbreaking, 7/7 Meeting with Angie Craig, 7/10 Regional Council of Mayors, 7/14 Agenda Review 12. OTHER BUSINESS None. 13.ADJOURNMENT MOTION BY CHURCHILL, SECOND BY BRAID, TO ADJOURN THE MEETING AT 8:07 p.m. VOTE Briggs Braid Burkart Churchill Lake Aye ☒ ☒ ☒ ☒ ☒ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ The motion carried. Respectfully Submitted, Jason Wedel, City Manager