City Council Meeting - April 1, 2025

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the Tuesday, April 1st, 2025 meeting of the Eden Prairie City Council is now called to order. Please rise for the pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for it stands. One nation under God, indivisible, with liberty and justice for all. I'm in my 29th year serving on the Eden Prairie City Council and this is only the second time in 29 years that I've been at a city council meeting on April 1st. The first time ever that I've actually gave uh the meeting to open. Um you can probably find out offline uh why I know that. It does seem rather obscure. It's typical during uh this time of the meeting for me to read an open podium invitation. Open podium is an opportunity for Eden Prairie residents to address the city council on issues related to Eden Prairie city government prior to each council meeting. These council meetings typically occur the first and third Tuesday of each month. The open podiums occur from 6:30 to 6:55 here in the council chamber. If you wish to speak at open po podium, please do contact the city manager's office at the phone number 952-9498412 by noon of the meeting date with your name, your phone number, and subject matter so we can be better prepared for you. Open podium is not recorded or televised. If you have questions about open podium, please do contact the city manager's office. Mr. GO, we have um a proclamation this evening. I'll throw it over to you. Um thank you, Mayor. Um approximately 5 years before you were born on April 1st, Senior Community Services came to be. Um Senior Community Services is celebrating their 75th anniversary on April 1st um with a proclamation. So, mayor, um, they are an organization that the city partners with on a lot of different programs. In fact, you may remember at our last council meeting, um, the city provided some community development block grant funds, as we've done for a few decades, to senior community services. But I want them to be able to explain because I know they're going to talk and there's quite a a great cont a goodsized contingency here of the group about what they've been doing for 75 years. But prior to that, not all of them will be sharing that. I I just have to throw that in. A few of them mayor. Um but before um they speak and they come up to receive the proclamation, you have a proclamation to read and then following that they there may be some words from the organization. But we are very um very happy to see that they're celebrating 75 years um in service. Absolutely. So I will read the proclamation and then I'll come down and all of you can get up and join me uh and I'll present the proclamation in a framed format for you. Proclamation City of Eden Prairie, Henipin County, Minnesota Senior Community Services 75th anniversary. Whereas Senior Community Services was founded in 1950 and has served the community for 75 remarkable years and whereas the organization has grown to serve thousands of seniors and caregivers annually, making it one of Minnesota's top nonprofits in the field of aging. and where a senior community services embodies the vision to quote re-imagine aging by compassionately connecting communities and supporting independence unquote. And whereas the organization will celebrate its 75th anniversary on Thursday, May 15th, 2025 at the Madina Entertainment Center. And whereas senior community services has consistently demonstrated extraordinary commitment to empowering older adults and supporting caregivers through innovative programs and compassionate services for the residents of Eden Prairie. Now therefore, be it resolved, the city council of Eden Prairie, Minnesota, hereby proclaims our sincere recognition and celebration of senior community services 75 years of dedicated service to our community, honoring their profound impact on the lives of seniors and their families. We commend their unwavering dedication to ensuring every person can age with dignity, connection, and independence. Ronald A case mayor on behalf of council members Kathy Nelson, Mark Fryberg, PG Nion, and Lisa Tumi. If you want to come join me, all of you, that would be great. West. speech. Well, thank you. Um, I'm Deb Taylor. I'm the CEO of Senior Community Services and I just want to say what a privilege it privilege it is to partner with the city of Eden Prairie. I mean, not only do you talk the talk of making it a community for all ages, but you walk that talk, and we're really privileged to be partnered with the city to serve its older residents and their families. Thank you. Thank you. Anyone else? Um, I'll just second that. I really appreciate the support that Eden Prairie provides. Um, with our job, we're doing, you know, maintenance around people's homes. Uh, and you think it's about like mowing a lawn or shoveling the snow, but really it's about that human connection. It's about the volunteers and the workers going out to people who are often isolated, providing some work, but providing some friendship and some companionship. And to me, when we talk about it in the office and someone calls in and is telling us, you know, the difference that we made is really that human connection and the just the time you've shared with that person. So, it really means a lot that the city has partnered with us for so many years and we just really want to say thank you and we want to make sure you all come to the our party on May 15th. So, we did that on purpose because it's 5:15. So, everybody here is invited. Please come join us. We're going to have food um some gambling you can do to raise money to give to us. Uh but it'll be a lot of fun. We're gonna have a good DJ. So, I really hope all of you can come sincerely and anybody who's watching is also invited. So, thank you very much. Can Can one of you just quickly introduce others and just maybe why everyone whoever is here tonight why you're here? Yeah, I I think we could all introduce ourselves if that's okay, but uh John Burkhow, director of the home program. I've been uh here a few times and I've enjoyed the polar plunge if you remember that. So, yes. Great. Thank you. Good evening, Mr. Mayor and council members. Adele Meta. I'm the director of senior outreach and caregiver services. Uh I've been here a few times during the 48 years I've worked for the agency. And uh not all of you are seniors, but I bet a lot of you are caregivers of an older adult that you're looking out for. So um that's our department. And again, we are just so grateful for the wonderful partnership we've shared over these years. Thank you. You're welcome. I'm Colin Bramer, development coordinator for senior community services. Um, I'm here because my passion is fundraising for uh nonprofits, and I couldn't find one with a better uh a better office of of workers and um and a better mission really because we are all going to get older even if I'm not a senior myself at the moment. Great. Thank you. See, you had to speak, I guess. Uh I'm Emma Friend. I'm the marketing and communications coordinator. Uh, I work for Senior Community Services because I'll be a senior too one day if I'm lucky. Um, but really it's just a great cause and I love working with these people to help our community. Great. Thank you. And I'm Gary Spears. I was here last week or last meeting I think thanking you guys for the the funds. And I was actually at Prairie Bluffs today giving a presentation on frauds and scams to about 30 people. So nice. Thank you. I have a question. Yes. Go ahead. So, so uh John, I think I met you maybe 10 years ago when when I was in Eden Prairie Community Foundation. Um at that time or multiple time you we you guys serve around how many household in Eden Prairie? I think last year was around 60 people. 60 50 or something. And overall in the Minnesota how many household you serve? Uh well our the home program within senior community services we served about 2,000 people last year. Wow. And Adele through the senior outreach and caregivers. Probably around that same number. Right. I think of note as agencywide we've served over 23,000 people last year. Wow. Nice. Bless you. Just thank you. Yeah. Thank you very much. Continue doing great work. Thank you. I want to underscore the reality. This is Yes. Definitely. [Applause] This is one of those groups that gets served that we all eventually, again, if we're fortunate, um, well, we aspire to, but we all get to. Uh, so, thank you for on behalf of four of the five of us up here that have arrived at some technical legal status and the caregivers. And the caregivers. Yes. All all the young folks up here as well. So, um, thank you for all that you do. Appreciate that. All right, council. Um, let's go ahead and approve the agenda. Uh, any, uh, Mr. Gro or council members, any items that anybody wishes to add, particularly I I suppose under council member reports. Anyone have any items to add tonight? If not, is there someone that would u move to approve the agenda? I move to approve the agenda. Is there a second? Any further discussion? All those in favor say I. I. I. Opposed. All right. Moving on to minutes. We have the minutes from March 18th, both the workshop and the city council meeting. Any uh corrections, edits that you wish to um to have changed on either minutes? If not, is there a motion to approve both? Move to approve the following city council minutes. City council workshop held Tuesday, March 18th, 2025. City council meeting held Tuesday, March 18th, 2025. Is there a second? Second. Any further discussion? All those in favor say I. I. Opposed. Moving to consent calendar items A through J. Again, this is a list of items that generally don't need additional conversation or discussion. However, uh, Council Member Tumi did ask, um, if she could have a moment to comment, I believe, on item D. Yes. Um, thank you, Mr. Mayor, and happy birthday. Thank you. So item number D is to adopt a resolution approved joint powers agreement for additional Eden Prairie Police Department on-site social worker with Henipin County Human Services and Public Health Department. And I just wanted to note, I don't want to pull it or anything. I just wanted to make a comment that um how um just how much of an asset the social workers are. We already have one, so this will be the second one. And they are from a um they're from a grant from the Henipin County and the state. Correct. Uh the county. Oh, the county. Okay. And then um so but they're just a great asset in the community. They do they free up the officer's time. Um police officers can focus on crime prevention and public safety while social workers can handle noncriminal calls, especially those involving behavioral health or family issues. They help in building trust in the community trust. Residents more likely to engage with a system that offers help rather than punishment. Social workers bring a compassionate service first approach that fosters trust. They also um provide invaluable support for victims. Um they are great at providing help and youth for and and for family intervention. They offer early intervention in family and juvenile cases and it it can prevent long-term um you know um involvement in the system. Um and also they enhance um crisis response. They're there um they're trained to deescalate in mental health intervention making them ideal in responding to crimes or to crisises involving mental illness and substance use or trauma. So there's more. I have a list of like 10 things. because I won't read every single one of them, but um I'm just so happy that we have another one that's going to be starting in the city. Thank you, Council Member Tumi, that you are so right on. Um this is just such a wonderful addition to our police department, of which we already, I believe, have if not the finest, certainly one of the finest police departments in the state. And we receive um comments on that from our residents all the time. Um, a lot of it is um our culture, our leader, our police leadership. Thank you, Chief Sackett. Um, and and Mr. GTO because um you are responsible ultimately for hiring um the leadership across all the organization. Um but and to our police officers, we have um uh an officer sitting off to my right, but we we just have an amazing police force already. uh this adds to that to have these specialized social workers uh working along their alongside of our um phenomenal police officers. So, thank you for underscoring that. Yeah. All right. Uh any other items on the consent calendar that any council member wishes to learn more about? Uh pull for discussion? If not, is there a motion to approve items A through J on the consent calendar? Move to approve items A through J on the consent calendar. Is there a second? Second. Is there any further discussion? All those in favor say I. I opposed. All right. Uh Mr. Get um we have uh one um important resolution this evening. Um so I'll turn it back over to you. Uh thank you, Mayor. Yes. Uh we don't we don't have a public hearing, but we do have a new ordinance that we're bringing forward. Um, as you know, as a city council, this has been discussed quite a bit in workshop as we lead to how the city of Eden Prairie um will deal with and um register uh cannabis retail businesses in um Eden Prairie. Um as everyone knows, um cannabis, recreational cannabis was legalized by the state of Minnesota in 2023. And the state um and and this is going to be covered a little bit in our community development director's um brief presentation. Um the state of Minnesota uh does the regulation of this um new program. The office of cannabis management OCM, not to be confused with the office of the city manager here um at the state level is responsible for licensing all these businesses. And there's have you probably read a lot um in the media in the newspaper about um the program since marijuana was legalized at the state level being put together. It's still being put together. There are still rules and regulations that are not finalized yet. But when it comes to the authority of local governments, we are allowed to license the business. We must allow the businesses. Um, however, we can limit the number of retail registrations or businesses to no fewer than one per 12,500 people um in our community. And we also have the right um to place reasonable time, place, and manner restrictions on the business. So, you could think about u most of the zoning um that we have in the city in terms of what type of use it is. We are allowed to regulate location, not necessarily number, but in this case um we have some say in that and um as you know as well um when it comes to time, place and manner and and Julie is going to talk about this through your workshop discussions. Um you as a council have given us some direction that we're now putting in city code uh related to buffer requirements. So we we're having some of that discussion as well along with ours and the numbers that we uh would restrict to. So tonight would be the first reading of an ordinance relating to how we would register um cannabis retail businesses in Eden Prairie. And Julie's going to walk you through um actually walk the anyone watching through because you as a council um directed this um how we came to where we are in terms of registering the businesses in Eden Prairie. Great. Thank you, Julie. Mayor, members of the council, I have a few slides that I'd like to share with you and the public that is tuning into our into our meeting this evening. Um, as we start this conversation, I want to start out by giving an overview of some of the licenses that the state uh will issue once that office of cannabis management is up and running. As Mr. Get mentioned, they are still in the process of making their rules and they have not begun to issue licenses yet, but we do expect that to begin yet in 2025, probably in the next few months, which is why we're in front of you this evening with this draft ordinance for your consideration. So, there are 16 types of cannabis licenses that OCM will be able to issue beginning in 2025. And I won't read through the exhaustive list um on your screen, but it essentially covers uh cannabis uh from the point at which it is planted until through harvesting through production into a u manufactured uh outcome, whether that is uh edible, whether that is flour, whether that is some other type of product that can be purchased. And so cities do have the authority to put in place some regulations even though the vast majority of the regulations lay with the state. So some of those local control measures that we have included in the draft ordinance for your consideration this evening is capping the number of retailers at one per 12,500 residents in Eden Prairie's situation. That would be um five retail establishments within our borders. Also putting in place some buffer requirements. So the ordinance would require a 1000 ft buffer from any K through2 school within the city as well as a 200 foot buffer between cannabis retail establishments. Our zoning ordinance already addresses how uses can be distributed throughout the city. So when you look back at these uh variety of different licenses that can be issued for cultivator, retailer, wholesaler, there is not a need for us to amend our zoning ordinance because all of those uses are already addressed whether it be allowed in a commercial district or an industrial district through manufacturing um or production or uh in the rural area for cultivation things of that sort. So, the ordinance before you this evening really focuses on the retail registration uh process. Switching uh gears a little bit back to the thousand foot buffer required from schools. I wanted to provide a little bit of a visual on this map. The blue parcels indicate the locations of K through2 schools within the city. The red parcels indicate properties that are zoned for commercial or retail purposes. The purple parcels indicate properties that are zoned industrial but allow a certain percentage of their floor area to be used for retail. So in theory, a cannabis retail business could operate on any of those red or purple parcels with the exception of those that are intersected by that I'm going to orange crosshair cross-hatch circle that surrounds each of the public schools or excuse me the K through2 schools. So about 70 of the 418 total properties that would permit retail would be impacted by that buffer, which is 15% of the eligible properties. And when you break that down into those that are zoned commercial, that's about 2% of all the commercial properties in the city. And for industrial, it's about 25% of all of the industrial. And keep in mind on those industrial properties only a portion of their floor area would allow for retail. There are some other provisions as well that are addressed in the ordinance. It establishes the retailer registration compliance and enforcement requirements which will largely be handled through the police department and those really mirror the alcohol and tobacco compliance checks that we already have systems in place for. Hours of operation are established from 10:00 am to 900 pm, seven days a week. And right now, the city does have a THC code that addresses the those types of materials. But once the Office of Cannibit Ma cannabis management is up and running, they will be handling all of that overview. And so we would have the ability then to repeal our edible THC ordinance because the state will then be responsible for that. And I'd be happy to answer any questions as I'm sure Chief Sackett would be happy to as well. Yeah, this um again um what you reported out is a reflection of what the five of us had not voted on but directed at least in our consensus conversation at a workshop. So, it's it shouldn't be new to us. I I just had a a question that I I don't recall if I asked during the workshop or not, but um when these types of ordinances get enacted and then let's say some type of a school comes about after the fact, probably not a public school, but let's say some sort of private school, church school, possibly something gets created after the fact. and a couple of these establishments that sell marijuana have already um b purchased property and they exist. What what happens in in that um in terms of grandfathering or illegality? What happens in that scenario? Mayor, members of the council, the city code or the ordinance before you would provide language that addresses that situation saying the buffer applies to situations where the school already exists, not where the school comes afterwards. Got it. Um, council, I think that was the only question I had. Um, is there anything else you want to question or add or comment? Okay. Um, we'll go ahead and take a vote in just a moment. I'll have you make a motion. I just wanted to add for um the public, anyone here tonight or or listening in, if you've been reading or or or listening uh to NPR or something about the conversations about this issue over the last couple years, it it can get complicated. And we have people in our own city who are on opposite sides of what maybe they individually wanted to occur. There are there are people that, you know, think the city should maybe utilize one of the a couple of the five potential um selling locations and and actualize that, but we can't. We'd have to allow five beyond. So, even if we were to get into the business, um there's still that five additional beyond that. Um but the point being that some people think the city should be in the business. Some people think we should just kind of um from a legality standpoint or a regulatory standpoint stay out of it completely. Let let places, you know, rise up wherever they want to. If all five wanted to cluster at the mall, let them. And so we did talk quite a bit about this at workshop. We felt that what we've arrived at for now um meaning it's dynamic and it can change as years go by but we think it's a good uh compromise and a good way to begin to get into this uh issue um knowing that we didn't create it the legislature did and the legislature directed us in many ways it tied our hands so we think this is the best um that we ca could come up with for now as we go through the years to come I I don't doubt the legislature might begin to tweak um parts of this and look at this as as everybody begins to watch how it gets implemented, but I think for now we've arrived at a really reasonable um uh and thoughtful way to address this. Okay. Um council, anything else or are we ready to make a motion? How about somebody to go ahead and make the motion to approve the reading of this ordinance? I'll approve the first reading of an ordinance amending city code chapter 5 by adopting a new section 5.81 relating to cannabis retail businesses. Is there a second? Second. Any further discussion? All those in favor say I. I opposed. Okay. Passes I believe pass 5. I think I heard everyone. Um, all right. So, no reports of count wh yes, I have to go back. I skipped the payment of claims. Um, so council uh pay again payment of claims are um expenditures, checks that um payments that get made uh between the last meeting and tonight. Uh so any items um it's it's pages long that expenditures that you wish to question or find out more about. If not, is there a motion to approve the payment of claims? I'll move to approve the payment of claims as submitted. Is there a second? Second. Any further discussion? Roll call. Council member Fyberg. I. Council member Nion. I. Council member Nelson. I. Council member Tumi. I. Mayor Casease. I. Mr. Gretcho. Is there anything else to come before the council this evening? There is not. I have one item. Council, is there anything else to come before the council this evening? I have one item. Council member Nion has something. Council member Nurin. So today is April 1st. So it is. It's a very important day for one of my one of our uh council members and especially our mayor. So those of you at home, please sing happy birthday to Mayor Casease. uh all of us are not that good singers so we decided not to do that. Thank you. I think that's a good idea. But we want to say happy birthday Ron. Thank you. That's very very kind of you. You can imagine um as a teacher and many of you know I'm a retired sixth grade teacher. I taught third, fifth, and sixth, mostly sixth grade. uh had um a couple students of council members uh sitting up here um that I guess luckily I don't know if it good good or bad um April 1 often fell during spring break so I I was not often in the classroom with my students for my birthday but those few years that I was you can imagine how much fun they had with April Fool's jokes um and I've grown up my um entire life as you can also imagine being the recipient of April Fool's jokes so it is um So, this is not an April Fool's joke. This is real. This one's not an April Fool's joke. It's actually um my birthday. And just as a a fun little side, I have one sibling, an older sister, two years older. Uh her birthday is also April 1st. So, I gave her a call uh tonight to wish her happy birthday as well. Um I I think I probably wrecked She's two years older, so I probably wrecked her birthday forever, you know, at least growing up. Um I invaded in on her time. So, um thank you, Council Member Nan. Oh, you have more. Yeah. Um, I just want to say a move to adjourn the city council meeting tonight. All right. I'll take you up on that. Um, is there a second? Second. Is there any further discussion about tonight's meeting or this particular motion? If not, all those in favor say I. I. I oppose this meeting on April 1st, 2025 is adjourned.