Based on the context provided and the flow of the meeting, here is the transcribed townhall with speaker names added. [0:00] **Mayor Wayne Boucher**: Order and stand for the Pledge of Allegiance. [0:05] **All**: I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation under God, indivisible with liberty and justice for all. [0:15] **City Clerk Alissa McClure**: Roll call please. Councilor Jones? [0:17] **Councilor Jones**: Here. [0:18] **City Clerk Alissa McClure**: Councilor Hjelle? [0:19] **Councilor Andy Hjelle**: Here. [0:20] **City Clerk Alissa McClure**: Councilor LeBlanc? [0:21] **Councilor Brian LeBlanc**: Here. [0:22] **City Clerk Alissa McClure**: Councilor Geissler? [0:23] **Councilor John Geissler**: Here. [0:24] **City Clerk Alissa McClure**: And Mayor Boucher? [0:25] **Mayor Wayne Boucher**: Here. Announcements? Do any councilors have announcements they'd like to make? [0:30] **Councilor Andy Hjelle**: Good luck to the robotics team. [0:33] **Mayor Wayne Boucher**: I suppose I have just one. I'd like to send condolences to the friends and family of John Warner and the citizens of Rice Lake over the passing of the Mayor, John Warner. Communications are placed on file. Presentations—could you give us a short synopsis of the physical presentations? [1:00] **Staff Member**: The community recreation is that we've just looked at some key... [Music] drive with focused. [1:13] **Mayor Wayne Boucher**: Thank you. And now we have public discussion. This is the time that individuals can address the council about any item not on the agenda. We ask that you limit your time to three minutes per person. Is there anyone either present online or in Chambers that would like to address the council at this time? Under public discussion, is there anyone that wishes to address the council? Last opportunity for general public discussion. If you wish to speak to the council, please start with your name and address. With no discussion, we will close public discussion and move to motions. [2:17] **Mayor Wayne Boucher**: Motion A: a motion to approve or deny the following new massage license effective April 13, 2023, through December 31, 2023, contingent upon complete application being received, successful background check, and license fee paid in full for The Well Company, Leah Byrd. Do we have a motion? [2:39] **Councilor Andy Hjelle**: Motion to approve. [2:40] **Mayor Wayne Boucher**: Motion to approve by Councilor Hjelle. Do we have a second? [2:42] **Councilor John Geissler**: I'll second. [2:43] **Mayor Wayne Boucher**: Seconded by Councilor Geissler. Roll call please. [2:45] **City Clerk Alissa McClure**: Councilor Geissler? [2:47] **Councilor John Geissler**: Aye. [2:48] **City Clerk Alissa McClure**: Councilor Hjelle? [2:49] **Councilor Andy Hjelle**: Aye. [2:50] **City Clerk Alissa McClure**: Councilor LeBlanc? [2:51] **Councilor Brian LeBlanc**: Aye. [2:52] **City Clerk Alissa McClure**: Councilor Jones? [2:53] **Councilor Jones**: Aye. [2:54] **City Clerk Alissa McClure**: Mayor Boucher? [2:55] **Mayor Wayne Boucher**: Aye. Consent agenda. The consent agenda includes the minutes for the March 20, 2023 city council meeting and the accounts payable. Is there a motion? [3:08] **Councilor Brian LeBlanc**: Motion to approve. [3:10] **Mayor Wayne Boucher**: Motion by Councilor LeBlanc. Do we have a second? [3:12] **Councilor Jones**: Second. [3:14] **Mayor Wayne Boucher**: Second by Councilor Jones. Roll call. [3:18] **City Clerk Alissa McClure**: Councilor Hjelle? [3:20] **Councilor Andy Hjelle**: Aye. [3:21] **City Clerk Alissa McClure**: Councilor LeBlanc? [3:22] **Councilor Brian LeBlanc**: Aye. [3:23] **City Clerk Alissa McClure**: Councilor Jones? [3:24] **Councilor Jones**: Aye. [3:25] **City Clerk Alissa McClure**: Councilor Geissler? [3:26] **Councilor John Geissler**: Aye. [3:27] **City Clerk Alissa McClure**: Mayor Boucher? [3:28] **Mayor Wayne Boucher**: Aye. We have no ordinances this evening. We'll move to resolutions. Resolution 2023-39: resolution authorizing and directing the mayor and city clerk to execute and deliver a lease agreement with the state of Minnesota Bureau of Criminal Apprehension (BCA). Do you have a motion? [3:43] **Councilor Andy Hjelle**: Motion to approve. [3:45] **Mayor Wayne Boucher**: Motion by Councilor Hjelle. Do we have a second? [3:47] **Councilor Jones**: Second. [3:48] **Mayor Wayne Boucher**: Second by Councilor Jones. Mr. Mulder? [3:50] **City Administrator John Mulder**: Now, we've had a lease with the BCA in the space in the old city hall—currently the community building—since back in 2013. That lease is set to expire on June 1st and we've asked for an increase in the rent, and so they're renewing the lease beginning in June. [4:18] **Mayor Wayne Boucher**: Thank you. Any questions or comments from Council? Is there any public input on this motion? Is there any public input on resolution 2023-39? Is there any public input on the resolution to execute and deliver a lease agreement with the state of Minnesota Bureau of Criminal Apprehension? Roll call please. [4:54] **City Clerk Alissa McClure**: Councilor Jones? [4:55] **Councilor Jones**: Aye. [4:56] **City Clerk Alissa McClure**: Councilor Geissler? [4:57] **Councilor John Geissler**: Aye. [4:58] **City Clerk Alissa McClure**: Councilor Hjelle? [4:59] **Councilor Andy Hjelle**: Aye. [5:00] **City Clerk Alissa McClure**: Mayor Boucher? [5:01] **Mayor Wayne Boucher**: Aye. Resolution 2023-40: resolution requesting a free conveyance of a tax forfeit parcel for public right-of-way. Do we have a motion? [5:11] **Councilor Brian LeBlanc**: Motion to approve. [5:12] **Councilor John Geissler**: Second. [5:13] **Mayor Wayne Boucher**: Motion by Councilor LeBlanc, second by Councilor Geissler. Mr. Mulder? [5:18] **City Administrator John Mulder**: Would Mr. Johnson explain this one? [5:20] **Mayor Wayne Boucher**: Yes, please. [5:21] **Community Development Director Eric Johnson**: All right, great, thank you very much. This is for land conveyance of 0.62 acres. It's a parcel that's located just east of the existing Norway Pines roadway and connects to Highway 53. The purpose of this conveyance would be going towards a city right-of-way in order to connect Miller Trunk Highway to some interior lots associated with the Maple Hill plat. Currently, there's two lots that don't have access to Highway 53 and this strip of land would be able to allow that in the future should need be. Currently, there is an existing driveway and some private utilities in this strip of land that services a home just north of Miller Trunk Highway. The city would work with the City Attorney to draft an easement so these driveway utilities could continue to exist within the city's right-of-way at that point. [6:13] **Mayor Wayne Boucher**: Thank you. Do we have any questions or comments from Council? Okay, public input. Is there anyone that wishes to speak to this item? If so, state your name and address. [6:26] **Public Speaker (Mr. Edstrom)**: My mom is the owner of the property at 5201 Miller Trunk. She is 85 so I'm here representing her just because of convenience. I started this project six or eight months ago when I found out it was tax forfeit property and I contacted the county. That's what got the city involved with Eric. I truly would like to see this 33-foot strip plus the 25-foot strip get out of public domain into private ownership. Based on the map that the Mayor gave me earlier today, looking at the parcel that mom owns next to the house, about two-thirds of it is in a "wooded swamp" based on this map, so it's not developable. And you look to the next parcel over to the north which is owned by Andy Bretzky [ATK], he's also got the property to the west which is approximately eight acres. He has access to his land from that direction. But again, if we go back to the wetlands maps that he had produced when he did his development plan, there is quite a bit of wetlands in his section to the north of mom's property, so I don't see any large potential for development back there. I did some research with the county; this would be the third time that the city has asked for that property. One time they asked for it by means of a city park. We are 400 feet from the City of Duluth airport, correctly, so we were under Zone C of the airport. Restrictions there are limited on what can be done. C is not so bad compared to A and B, but there's still restrictions, mostly on height. Any questions from you guys on why I want what I'm asking for? Oh, there is a 33-foot strip that was part of the easement when the land was plotted, but it ends at mom's corner. It does not go all the way to the Miller Trunk Highway. That is why we're dealing with this 25-foot strip. And the history on that 25-foot strip is actually—one time before the Airport Authority bought the property for their access road—it was part of the 40 [acres] to the east of us. Somehow the Airport Authority didn't pick up that 25-foot strip like they did on the one to the east side of the river. [9:24] **Mayor Wayne Boucher**: Any questions? [9:25] **Councilor John Geissler**: Mr. Mayor, I have a question. I'm just looking at the county map. This would be the land for Marcella Edstrom? [9:32] **Public Speaker (Mr. Edstrom)**: Yes. [9:34] **Councilor John Geissler**: And there's the house with the home on it, and then the piece to the north. [9:39] **Mayor Wayne Boucher**: On the east side of that 33 feet, is that owned by somebody that possibly could subdivide for access off of 53? [9:52] **Public Speaker (Mr. Edstrom)**: Well, there's a 33-foot strip in front of mom's house which ends... [referencing map]. [10:10] **Councilor Andy Hjelle**: It's developed as a plat? [10:11] **Public Speaker (Mr. Edstrom)**: Yeah it is, but it's backwards. The picture itself is—left is right, right is left. There were six lots plus the house lot and there was a 33-foot strip access to those six or seven lots. The airport took the first two when they did their expansion back in the 60s or early 70s. So that 33-foot strip ends at Atkins' house, which is at 5205. And then there's a 25-foot strip here... this is the tax forfeit. The interesting part of this 33 is still going back across here behind through the middle of the airport. When the airport took the 200 feet off the back, that easement was never released. [12:20] **Mayor Wayne Boucher**: So that little strip... it says on the map here "City of Duluth," but it's really tax forfeit? [12:35] **Public Speaker (Mr. Edstrom)**: The 25-foot strip in question, yeah. [12:44] **Councilor John Geissler**: So my question on 5197—is there a way to get to the back of 5197? [12:53] **Public Speaker (Mr. Edstrom)**: 5197 is to the east, which is where the pool store is. That's accessible from the highway. But his water is all considered wetlands. [13:08] **Mayor Wayne Boucher**: Well, as I was told, that was part of the ambulance watershed, so it creates more issues beyond watershed issues. [13:28] **Public Speaker (Mr. Edstrom)**: If the city does not acquire the property, I will buy it in the county's plan. [13:35] **City Administrator John Mulder**: Very true. [13:38] **Community Development Director Eric Johnson**: The 33 feet is the city. That's to the north of that existing parcel. So right now, there's two lots north of his mother's home—one that's owned by his mother and the other one by ATK. They are separate lots and essentially they're landlocked. And so by acquiring this strip of land, we would create that umbilicus down to Highway 53. Between this parcel we're talking about and the 33 feet that the city still has, we would have access to those two lots. [14:35] **Public Speaker (Mr. Edstrom)**: These were two big lots because of tax purposes they put them in one. [14:49] **City Administrator John Mulder**: In effect, by acquiring this, we're simply increasing the right-of-way and removing anything that could be considered what is affectionately known in City Hall as a "spike strip." We own the land just to spite the other person so that they don't have access to it. This widens the right-of-way. The land will last longer than any of us in this room, so to me, it makes sense for it to be in the right-of-way for the access that they need. [15:32] **Mayor Wayne Boucher**: The city probably would have no desire to sell the 33 feet, correct? [15:38] **City Administrator John Mulder**: True. [15:39] **Public Speaker (Mr. Edstrom)**: I have the abstract that designates that 33-foot as part of the abstract on the plot. But unfortunately, as you see in the map, something happened and it disappeared from the original files where that 33 went all the way. [16:21] **Mayor Wayne Boucher**: This is a crazy situation here. [16:32] **Councilor Jones**: Have we talked to the owners of the ATK property or has anybody communicated with them? [16:40] **Community Development Director Eric Johnson**: ATK, approximately four-plus years ago, was approved for a PUD development for the mini-storage. As part of a future phase, they show a building that's on the extreme east side of their property. They show a very long road coming from essentially Norway Pines to get to that building. Now, if there was the continuation of this right-of-way and the connection to 53, that could be a secondary connection point to that property. Just as Mr. Mulder said, we're providing access to two properties that someday may be owned by different parties. [17:28] **Mayor Wayne Boucher**: Eric, didn't you state earlier that with the wetland delineation of that ATK lot, there were a lot of wetlands on the western half of it? [17:39] **Community Development Director Eric Johnson**: There is. There's quite a bit of wetlands that basically bisect that ATK as well as the property that his mother owns that's not developed. There's a western portion and eastern portion that are developed and they're bisected by that wetland. The eastern portion is the part that abuts the 33-foot right-of-way that we currently have. It looks pretty hard for ATK to run that road the way they originally planned from the storage buildings to anything east of there through the wetlands. It would be a very expensive driveway. But yes, that land does abut the 33 feet and this 25-foot strip as well. [18:40] **Public Speaker (Mr. Edstrom)**: The other portion here is the airport. They had this large threat in the center that they want to have which is an access road. Security is an issue. That's why we're trying to get them to move it up. We use that as a means to get back to these properties. I grew up on that property. I know how much wetlands are in there. It's potential access. If I acquire the land, I would negotiate with the ATK owner and give him that property so he would have access. Currently, the airport uses that for access but they don't plow in the winter. Maybe once a year they cut the grass. It's very limited access. Since 1978, I would bet four or five times a year we see people go down there. Post-9/11 they put a fence up. [20:56] **Mayor Wayne Boucher**: Well, as far as the public discussion goes, I think we're past our three minutes. I appreciate you. Thank you. Any other questions from Council? [21:18] **Councilor John Geissler**: Staff, I have one more question. I'm still a little confused on the county map. The 0.62 acres is what we're looking to get. What is the dimension of that? [21:48] **Community Development Director Eric Johnson**: It's actually 25 feet. I was mistaken on a measurement earlier. 25 by approximately 900 feet or so. Next to it is the 33. [21:59] **Councilor John Geissler**: And who owns that 33 right now? [22:04] **Community Development Director Eric Johnson**: That is ours per the Maple Hill plat. And immediately to the east of that is a 66-foot strip that Mr. Edstrom just referenced that the City of Duluth controls. So we would have to negotiate with some other city if we ever wanted to do any sort of a road. If we get that 25, it would be a flag shape. We'd have a 25-foot access onto Miller Trunk Highway and then once we clear that first property, it will flare out with an additional 33 feet to be approximately 58 feet. And if you don't acquire it, then you have a right-of-way that you have no access to because there's private property between that and the City of Duluth property. [23:09] **Mayor Wayne Boucher**: Have we talked to the county land people about that? [23:12] **City Administrator John Mulder**: Yes, they're the ones who actually approached us. When tax forfeit parcels are released for sale, they talk to the city first. We have the right of first refusal. [23:35] **Mayor Wayne Boucher**: So it's the strip between the 33 feet we have and the strip that the City of Duluth has. Without this strip, we are landlocking properties. [24:31] **Councilor John Geissler**: We would still only own 25 feet at the highway? [24:38] **Community Development Director Eric Johnson**: At the highway, yes, for the depth of the first lot. [24:45] **Mayor Wayne Boucher**: The 25-foot wide strip is from the highway all the way back to the airport? [24:50] **Community Development Director Eric Johnson**: Yes. [25:29] **Councilor Jones**: So for all intents and purposes, that land at the back by ATK is still landlocked until we would negotiate with 5205? [25:40] **City Administrator John Mulder**: No, if the city buys the 25-foot strip, the additional 33 feet starts north of the first parcel. So the right-of-way would be 25 feet wide at the road. [25:58] **Councilor John Geissler**: We wouldn't be able to do anything with 25 feet though. [26:02] **City Administrator John Mulder**: Well, it would be a narrow strip, but 25 feet is not even enough to put water and sewer on as we just learned for that recent report. But it is adjacent to the City of Duluth's strip. [26:46] **Councilor Andy Hjelle**: It's not like our intent of acquiring this is to do some big development. It's just to have access to land that we already own. And then the gentleman's intent is to just have it in private hands, not City hands. Am I understanding that properly? [27:30] **Mayor Wayne Boucher**: I think it's in the best interest of the public that the city does acquire this. Roll call please. The motion was to approve, correct? [29:20] **City Clerk Alissa McClure**: Councilor Jones? [29:21] **Councilor Jones**: Aye. [29:22] **City Clerk Alissa McClure**: Councilor Geissler? [29:23] **Councilor John Geissler**: Aye. [29:24] **City Clerk Alissa McClure**: Councilor Hjelle? [29:25] **Councilor Andy Hjelle**: Aye. [29:26] **City Clerk Alissa McClure**: Mayor Boucher? [29:27] **Mayor Wayne Boucher**: Aye. Resolution 2023-41: resolution approving a request for proposals (RFP) for design and construction engineering for Road Improvement District number 541, Hermantown Road and Old Midway Road. Do we have a motion? [29:45] **Councilor John Geissler**: I'll motion to deny. [29:48] **Councilor Brian LeBlanc**: Second. [29:50] **Mayor Wayne Boucher**: Motion by Councilor Geissler to deny, second by Councilor LeBlanc. Mr. Mulder, do you have anything you'd like to add? [30:06] **City Administrator John Mulder**: By doing this, it is basically saying that we will not go out for RFP, but we will enter into a contract with the city engineer and we would formalize that at the next city council meeting. [30:23] **Mayor Wayne Boucher**: Thank you. Any questions from Council? Is there any public input on this resolution? Is there any public input on the motion to deny resolution 2023-41? Last opportunity for public input. Just to note going forward, the motion is to deny, so an affirmative "aye" would be to agree with that motion to deny. Roll call. [31:18] **City Clerk Alissa McClure**: Councilor Geissler? [31:20] **Councilor John Geissler**: Aye. [31:21] **City Clerk Alissa McClure**: Councilor Hjelle? [31:22] **Councilor Andy Hjelle**: Aye. [31:23] **City Clerk Alissa McClure**: Councilor Jones? [31:24] **Councilor Jones**: Aye. [31:25] **City Clerk Alissa McClure**: Mayor Boucher? [31:26] **Mayor Wayne Boucher**: Aye. Resolution 2023-42: resolution approving the prohibition of cannabis products for the commercial driver's policy. Do we have a motion? [31:40] **Councilor Andy Hjelle**: Motion to approve. [31:42] **Mayor Wayne Boucher**: Motion by Councilor Hjelle. Is there a second? [31:45] **Councilor John Geissler**: Second. [31:47] **Mayor Wayne Boucher**: Second by Councilor Geissler. Mr. Mulder? [31:49] **City Administrator John Mulder**: This would restrict the use of cannabis by employees that have a CDL. It only impacts the Public Works department. [32:04] **Councilor Andy Hjelle**: The only comment would be that it's already a rule for the CDL, right? So it's just instituting it for the city. [32:15] **Councilor Jones**: And to clarify, this is cannabis, not THC. There's a difference. I think from a legal perspective there is some gray area there. [32:32] **City Administrator John Mulder**: This makes it clear with the city employees that have a CDL that they are not to use cannabis products, including those legal products that they can get over the counter. [32:48] **Councilor Jones**: What if they needed like CBD oil for knee pain or something? Would this be included in that? [32:55] **City Administrator John Mulder**: If it has cannabis in it. If it violates this policy, then yes, that would be a violation. We are in a time where there's labeling issues; it's not clear what you're getting. These are issues that are being actively dealt with at the state level with the new rules about edible cannabinoids. This really puts it on the CDL drivers to know what they're putting in their body. [33:45] **Councilor Jones**: I know that there is a major difference between like topical CBD oil for pain management and THC. So I think it should be a little more explicit that this isn't going to prohibit a CDL driver using topical CBD oil for knee pain. I didn't know if "cannabis" was all-encompassing of everything derived from cannabis compared to THC, the psychoactive component that we're intending to prohibit. Can we be more explicit and put "THC" like we have in our city ordinance instead of "cannabis"? I personally know a lot of people that use topical CBD for pain and there's no psychoactive effects. [35:33] **Councilor Jones**: If the goal is to prohibit the THC, then be more explicit and state THC. [35:45] **Mayor Wayne Boucher**: I'll ask our City Attorney a question. Does this prohibit anything more than what's prohibited under the commercial driver's license? [35:55] **City Attorney**: We are intending this to line up with the commercial driver's license. The gray area comes in between hemp and cannabis. One is just at a lower level than the other. This makes it clearer. The city does not have expertise in what does and does not make you high; the city just wants to make sure its employees are operating in a safe manner. That being said, this is more comprehensive than what Councilor Jones is talking about. [41:40] **City Administrator John Mulder**: What I've also heard is the issue of topical versus being ingested. We tell employees all the time—if you're taking cold medicine and it's going to make you drowsy, don't operate the equipment. The idea here is: don't be using cannabis products that may impair you, because if they show up in your system after an accident, that will put you in a bad spot. We could try to clarify "ingesting versus topical," but we just don't want employees to use products where it may impair them. [43:55] **Councilor John Geissler**: The way I see it is if there's only one test and the test doesn't differentiate, then we should have a policy to protect the public. [44:13] **Mayor Wayne Boucher**: Given the questions in front of us, the makers of the motion could withdraw and table or we can go further. [44:48] **Councilor John Geissler**: For me, I think the way the City Attorney has prepared it tries to cover the gray area. I'm okay with the way it's written. [45:06] **Councilor Andy Hjelle**: I agree with the way it's written as well. [45:10] **Mayor Wayne Boucher**: Then we'll move forward to public comment. Is there any member of the public that wishes to comment on this? [45:29] **Public Speaker (Mr. Edstrom)**: 5201 Miller Trunk. One of my other professions—I do RV transport for a company out of Indiana and we are under similar guidelines as your CDL employees. I am under random testing. I think the FMCSA [Federal Motor Carrier Safety Administration] does have some regulations pertaining to this. I think before you go jumping too far, you better make sure what the feds are doing before you guys act individually. [46:15] **Mayor Wayne Boucher**: Thank you. Is there any other public comment? Roll call. [46:18] **City Clerk Alissa McClure**: Councilor Hjelle? [46:20] **Councilor Andy Hjelle**: Aye. [46:21] **City Clerk Alissa McClure**: Councilor LeBlanc? [46:22] **Councilor Brian LeBlanc**: Aye. [46:23] **City Clerk Alissa McClure**: Councilor Jones? [46:24] **Councilor Jones**: Aye. [46:25] **City Clerk Alissa McClure**: Councilor Geissler? [46:26] **Councilor John Geissler**: Aye. [46:27] **City Clerk Alissa McClure**: Mayor Boucher? [46:28] **Mayor Wayne Boucher**: Aye. Motion passes. Next on the agenda is a motion to recess. Do you have a motion? [46:35] **Councilor John Geissler**: Motion to recess. [46:37] **Councilor Andy Hjelle**: Second. [46:38] **Mayor Wayne Boucher**: Second by Councilor Hjelle. All in favor say aye. [46:40] **All**: Aye. [46:41] **Mayor Wayne Boucher**: See you in two weeks.