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City Council Regular Meeting Minutes March 8, 2016 Page 3 B. Resolution 16 -026 a Resolution Adopting and Confirming Assessments for the 2016 Street and Utility Improvements, Todd Hubmer, CitesEngineer 4 City Engineer Hubmer reviewed the assessments that have been calculated in accordance with 5 the City's street assessment policy for the 2016 Street and Utility Improvement Project. This 6 resolution declares the amount to be assessed at $303,463.99 and outlines the assessment process 7 in accordance with Minnesota Statutes Chapter 429. 9 Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution 10 16 -026 a Resolution Adopting and Confirming Assessments for the 2016 Street and Utility 11 Improvements. 12 13 Motion carried 5 -0 14 15 V. REPORTS FROM COMMISSION AND STAFF 16 17 A. Resolution 16 -027 a resolution accepting Findings indings from the Study for the Purpose of 18 Considering Amendments to the City Zoning Code Regarding the Regulation of Medical 19 Cannabis Manufacturers and Cannabis Facilities, Bob Foster, Planning Commissioner 20 21 Planning Commissioner Bob Foster reviewed the legalization of medical cannabis by the State of 22 Minnesota, and the City of St. Anthony Village moratorium enacted on February 24, 2015 23 prohibiting medical cannabis manufacturers and cannabis facilities within the city. The interim 24 ordinance directed the city to conduct a detailed study investigating the necessity of a Zoning 25 Code update and any prerequisites or considerations prior to an amendment of the City Code 26 regulating medical cannabis manufacturers and facilities. Mr. Foster reviewed the power point 27 presentation summarizing the study. 28 29 The City's completed study includes a review of the Minnesota state statute that prompted this 30 investigation as well as an overview of Federal cannabis law. Following an analysis of medical 31 cannabis within the context of existing City Zoning Code and the finding that significant land 32 uses within St. Anthony would be sensitive to medical cannabis manufacturing or dispensary as 33 well as the potential for emergent public safety concerns, the study recommends prohibiting all 34 cannabis facilities in the City. The full text of the study was provided for Council review. 35 36 The proposed resolution would implement the recommendation of this study. Staff recommends 37 approval of the resolution amending Sections 152.008 and 152.188 of City Code to prohibit 38 medical cannabis facilities in all City districts. The Planning Commission held a public hearing 39 on February 22, 2016, no one appeared to address the Commission, and forwarded the resolution 40 to City Council with no recommendation. Mr. Foster stated the Planning Commission was not 41 able to reach a consensus on the three potential actions proposed by staff. The State of Minnesota 42 has approved this use and also limited the number of facilities in the State. The number of 43 facilities are already located in other communities. Another concern was that this is a legal use 44 in the State of Minnesota and if the City of St. Anthony were to have a general prohibition 45 against the use it would need legal justification. The report stated that a blanket prohibition has 46 not been done in other cities. A buffer area has been implemented to include schools, day cares, 47 etc. The Planning Commission felt it may be better for the City of St. Anthony to create a buffer, 48 which would provide a very limited area a facility could be placed.