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HomeMy WebLinkAboutCC PACKET 03082016 Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. Call to Order. Pledge of Allegiance. Roll Call. Consideration, discussion, and possible action on all of the following items: I. Approval of the March 8, 2016, City Council Meeting Agenda. (action requested.) II. Proclamations and Recognitions III. Consent Agenda. These items are considered routine and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember or citizen so requests, in which the item will be removed from the Consent Agenda and placed elsewhere on the agenda. A. Approval of February 9, 2016, City Council meeting minutes. (pp.1-5) B. Licenses and Permits. (pp.7-8) C. Claims. (pp.9-13) D. Resolution 16-024 a resolution approving Amended East Metro SWAT Joint Powers Agreement. (pp.15-25) E. Accepting Fire Relief’s Recommendation of No Change in Pension Benefit. (pp.27-29) IV. Public Hearing. 2016 Street & Utility Improvement Project A. Resolution 16-025 a resolution Ordering Improvements for the 2016 Street and Utility Improvements. Todd Hubmer, City Engineer presenting. (pp.31-45) B. Resolution 16-026 a resolution Adopting and Confirming Assessments for the 2016 Street and Utility Improvements. Todd Hubmer, City Engineer presenting. (pp.47-50) V. Reports from Commission and Staff. A. Resolution 16-027 a resolution accepting Findings From the Study For the Purpose of Considering Amendments to the City Zoning Code Regarding the Regulation of Medical Cannabis Manufacturers and Cannabis Facilities. Bob Foster, Planning Commissioner Presenting. (pp.51-76) B. Ordinance 2016-01 an ordinance Amending Chapter 152.008 and Chapter 152.188 pertaining to Cannabis (Marijuana) Facilities. Mark Casey, City Manager presenting. (pp.77-80) VI. General Business of Council. A. Resolution 16-028 a resolution Awarding a Bid for the 2016 Street and Utility Improvements. Todd Hubmer, City Engineer presenting. (pp.81-83) B. Resolution 16-029 a resolution Authorizing Participation in the 2016-2017 GreenCorp Program. Mark Casey, City Manager presenting. (pp.85-87) CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA MARCH 8, 2016 7:00 p.m. HRA meeting immediately after council meeting Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. C. 2016 Strategic Plan. (motion only) Mark Casey, City Manager presenting. (pp.89) D. St. Anthony Fire Department Annual Report. Mark Sitarz, Fire Chief presenting. (pp.91-99) E. St. Anthony Liquor Department Annual Report. Mike Larson, Liquor Operations Manager presenting. (pp.101-109) VI. Reports from City Manager and Council members. VII. Community Forum. Individuals may address the City Council about any item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. VIII. Information and Announcements. IX. Adjournment. CITY OF ST. ANTHONY 1 CITY COUNCIL REGULAR MEETING MINUTES 2 FEBRUARY 9, 2016 3 4 CALL TO ORDER. 5 6 Mayor Pro Tem Jenson called the meeting to order at 7:00 p.m. 7 8 PLEDGE OF ALLEGIANCE. 9 10 Mayor Pro Tem Jenson invited the Council and audience to join him in the Pledge of Allegiance. 11 12 Present: Mayor Pro Tem Jenson, Councilmembers Brever, Gray, and Stille 13 Absent: Mayor Faust 14 Also Present: City Manager Mark Casey, City Engineer Todd Hubmer, and Planning Commission 15 Chair Jim Gondorchin 16 17 18 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 19 ITEMS. 20 21 I. APPROVAL OF THE FEBRUARY 9, 2016, CITY COUNCIL MEETING AGENDA. 22 23 Motion by Councilmember Gray, seconded by Councilmember Brever, to approve the City 24 Council Meeting Agenda of February 9, 2016. 25 26 Motion carried 4-0. 27 28 II. PROCLAMATIONS AND RECOGNITIONS - NONE 29 30 III. CONSENT AGENDA 31 32 A. Approval of January 26, 2016, City Council meeting minutes 33 B. Licenses and Permits 34 C. Claims 35 36 Motion by Councilmember Brever, seconded by Councilmember Gray, to approve the Consent 37 Agenda items as presented. 38 39 Motion carried 4-0 40 41 IV. PUBLIC HEARING - NONE 42 43 V. REPORTS FROM COMMISSION AND STAFF 44 45 A. Resolution 16-018 a Resolution Approving 1.5 Foot Variance, To Build a New Garage 46 Closer to the Property Line than Currently Exists at 2841 Coolidge Street. 47 48 Planning Commission Chair Jim Gondorchin reviewed the applicant (Jason & Lisa Johnson) 49 requests a variance to construct an addition to the garage that would encroach 3.2 feet into the 50 1 required side yard setback to result in a side yard depth of 1.8 feet. The applicant’s request for a 1 variance from the side yard setback to allow for the construction the garage addition is 2 reasonable, per the findings listed in City Code. Upon variance criteria review, it was determined 3 all criterion were met. The Planning Commission met on January 25, 2016, held a public hearing 4 and recommended approval. 5 6 Councilmember Stille asked if the garage addition is part of an overall house remodel and Mr. 7 Gondorchin stated it is. Councilmember Stille asked if there are two points of access to the alley. 8 Mr. Gondorchin stated the applicant looked at putting the garage in the back of the property but 9 determined that was not feasible. 10 11 Mike from Swedo Properties & Design, stated the garage would be accessible from the front. An 12 addition would be constructed off the back of the home and be attached to the garage. A 13 bedroom, master bath, living room and mudroom would be added to the home. 14 15 Motion by Councilmember Gray, seconded by Councilmember Brever, to approve Resolution 16 No. 16-018; a Resolution approving a variance from the required yard setback in order to 17 construct a larger garage at the property located at 2841 Coolidge Street. 18 19 Motion carried 4-0 20 21 VI. GENERAL BUSINESS OF COUNCIL 22 23 A. Resolution 16-019 a Resolution Calling for a Hearing for the 2016 Street and Utility 24 Improvements. 25 26 City Engineer Todd Hubmer reviewed this resolution sets a public hearing to be held on March 27 8, 2016 at 7:00 p.m. On January 27, 2016, bids for the 2016 Street and Utility Improvement 28 Project were opened. The low bid received for the project was $2,060,276.95, this total does not 29 include separate quotes received for railroad crossing and street lighting improvements of 30 approximately $154,000, for a total construction cost of approximately $2,215,000. The total 31 cost of the improvement as presented to Council when seeking approval of plans, which includes 32 engineering, legal, and administrative fees was $2,700,000. The St. Anthony Village portion of 33 this project is anticipated to be approximately $1,465,000. This is a cooperative project with the 34 City of Columbia Heights. 35 36 Councilmember Stille asked for confirmation that Columbia Heights needs to approve their 37 aspect of this project. Mr. Hubmer stated that is true. 38 39 Motion by Councilmember Brever, seconded by Councilmember Gray, to approve Resolution 40 16-019; a Resolution Calling for Hearing for the 2016 Street and Utility Improvements. 41 42 Motion carried 4-0 43 44 B. Resolution 16-020 a Resolution Declaring the Costs to be Assessed and Ordering 45 Preparation of the Proposed Assessments for the 2016 Street and Utility Improvement 46 Project. 47 48 2 City Engineer Todd Hubmer reviewed this resolution declares the amount to be assessed to be 1 approximately $350,000 and allows preparation for the proposed assessment roll. 2 3 Councilmember Stille asked if this has been awarded to the contractor and Mr. Hubmer stated 4 the contract will be awarded in March. 5 6 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Resolution 16-7 020; a Resolution Declaring the Cost to be Assessed and Ordering Preparation of the Proposed 8 Assessments for the 2016 Street and Utility Improvements. 9 10 Motion carried 4-0 11 12 C. Resolution 16-021 a Resolution Calling a Hearing on the Proposed Assessments for the 13 2016 Street and Utility Improvements. 14 15 City Engineer Todd Hubmer reviewed this resolution sets an assessment hearing to be held on 16 March 8, 2016 at 7:00 p.m. 17 18 Motion by Councilmember Stille, seconded by Councilmember Brever, to approve Resolution 19 16-021; a Resolution Calling a Hearing on the Proposed Assessments for the 2016 Street and 20 Utility Improvements. 21 22 Motion carried 4-0 23 24 D. Resolution 16-022 a Resolution Approving the City of St. Anthony’s 2016 Pay Equity 25 Implementation Report 26 27 City Manager Casey reviewed the 1984 Local Government Pay Equity Act (Minnesota Statutes 28 471.991 to 471.999) requires that the City of St. Anthony file a pay equity report with the State 29 of Minnesota. The law was instituted to eliminate sex-based wage inequities in compensation 30 and benefits for local governments. Per the Local Government Pay Equity Act, the City of St. 31 Anthony is required to submit a report to the State of Minnesota every three years. The 2016 32 report for the 2015 calendar year was submitted January 28, 2016, prior to the deadline of 33 January 31, 2016. After calculating the City’s pay equity report for 2015, the City of St. Anthony 34 is confident that the City will be in compliance with the State of Minnesota pay equity mandate 35 for the 2015 calendar year. The City will be notified formally by the State of Minnesota 36 regarding compliance later on this year after they have had an opportunity to review this 37 information. 38 39 Motion by Councilmember Brever, seconded by Councilmember Gray, to approve Resolution 40 16-022; a Resolution approving the City of St. Anthony’s 2015 Pay Equity Implementation 41 Report. 42 43 Motion carried 4-0 44 45 E. Resolution 16-023 a Resolution approving the Joint Powers Agreement for New Voting 46 System Acquisition and Operation. 47 48 3 City Manager Casey reviewed this past summer the City of St. Anthony along with the other 1 municipalities in Ramsey County approved a resolution to proceed with the Hart Verity voting 2 system. Ramsey County has completed negotiations with Hart Intercivic regarding the Hart 3 Verity voting system and has created the Joint Powers Agreement. The new voting equipment 4 will be used starting at the State Primary August 9, 2016. 5 6 Councilmember Stille mentioned this is a Joint Powers Agreement with Arden Hills, Falcon 7 Heights, Gem Lake, Lauderdale, Little Canada, Maplewood, Mounds View, New Brighton, 8 North Oaks, North St. Paul, Roseville, St. Paul, Shoreview, Vadnais Heights, and White Bear 9 Lake, White Bear Township, along with St. Anthony. 10 11 Motion by Councilmember Gray, seconded by Councilmember Brever, to approve Resolution 12 16-023; a Resolution authorizing Joint Powers Agreement for New Voting System Acquisition 13 and Operation. 14 15 Motion carried 4-0 16 17 F. St. Anthony Administration Department Annual Report 18 19 City Manager Casey provided a Power Point presentation summarizing the Administration 20 Department Annual Report for 2015. Mr. Casey noted there are 58 full-time positions, 51 part-21 time positions, 10 public works seasonal and 12 police reserves (unpaid) employees. Mr. Casey 22 provided a review of the 2015 meetings. The highlighted actions were reviewed. Mr. Casey 23 noted 9 new businesses came to St. Anthony in 2015. The entire report is available on the City’s 24 website www.ci.saint-anthony.mn.us and copies are also available at City Hall. 25 26 Councilmember Brever stated this is a wonderful detailed report and thanked Mr. Casey. 27 28 Councilmember Stille stated this is an outstanding report and it encapsulates the main things that 29 the Council and Administration have done. 30 31 Councilmember Gray echoed the same thanks to Mr. Casey and the City Staff. 32 33 Mayor Pro Tem Jenson stated the report was very informative. 34 35 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 36 37 City Manager Mark Casey reported two weeks ago the Let’s Play Hockey Foundation brought 25 38 children who hadn’t skated before to Central Park Rink. They came to the Police and Fire 39 Departments to see if they could enlist any help and the Departments provided help to the youth. 40 41 Councilmember Stille stated on February 3 he attended the St. Anthony Community Services 42 Advisory Board at which Councilmember Brever spoke. 43 44 Councilmember Gray stated on January 30 he attended the work session with the North 45 Suburban Communications Commission and North Suburban Access Corporation to review the 46 planning process for this year as well as goal setting. 47 48 4 Councilmember Brever had nothing to report. 1 2 Mayor Pro Tem Jenson had nothing to report. 3 4 VIII. COMMUNITY FORUM. 5 6 Mayor Pro Tem Jenson invited residents to come forward at this time and address the Council on 7 items that are not on the regular agenda. Hearing none, Mayor Pro Tem Jenson moved forward 8 with the agenda. 9 10 IX. INFORMATION AND ANNOUNCEMENTS - NONE 11 12 There will be no City Council Meeting on February 23, 2016. 13 14 Councilmember Stille reported the Village Fest is a volunteer organization and they are looking 15 for more volunteers to help plan the event. Interested residents should contact City Hall. 16 17 X. ADJOURNMENT. 18 19 Mayor Pro Tem Jenson adjourned the meeting at 7:40 p.m. 20 21 Respectfully submitted, 22 Debbie Wolfe 23 TimeSaver Off Site Secretarial, Inc. 24 25 _ _ 26 ATTEST: ________________________________ Mayor 27 City Clerk 28 29 5 THIS PAGE LEFT INTENTIONALLY BLANK 6 Saint Anthony Village DATE: March 8, 2016 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors Licenses: Classic Construction of Cedar MN, East Bethel, MN Elijah’s Treecare, Plymouth, MN Krause-Anderson Construction, Minneapolis, MN Sign Now, Plymouth, MN Mechanical Licenses: Bella Mechanical, Maplewood, MN Blue Ox Heating & Air, New Hope, MN Bench Licenses: Applicant: Affordable Court Resources Bench Press U.S. Bench Cigarette and Tobacco Sales Licenses: Applicant: Murphy’s Service Center Location: 3501 29th Ave NE Applicant: St Anthony Village Wine & Spirits Location: 2602 39th Ave NE 2700 Hwy 88 Applicant: Walgreen #6735 Location: 3700 Silver Lake Rd NE Applicant: Freedom Valu Center #64 Location: 3810 Silver Lake Rd NE Applicant: Cub Foods #1629 Location: 3930 Silver Lake Rd NE Garbage Hauler/Recycling Licenses: Applicant: Ace Solid Waste Aspen Waste Systems Republic Services Waste Management of MN 7 Liquor Licenses: On Sale Liquor License with Sunday Sales: Applicant: The Unofficial Location: 3701 Stinson Blvd. Applicant: Applebee’s Location: 2800 39th Ave. Applicant: Village Pub Location: 2720 Hwy 88 Applicant: Chipotle Location: 2701 39th Ave. Wine/Strong Beer License: Applicant: Smashburger Location: 3900 Silver Lake Rd. Applicant: Wine and Canvas Location: 2900 Pentagon Dr. 3.2 Off Sale License: Applicant: Freedom Valu Location: 3810 Silver Lake Rd. Applicant: Cub Foods Location: 3930 Silver Lake Rd. 8 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 2/10/2016 - 2/24/2016 Feb 22, 2016 11:44AM Vendor Number Payee Check Number Check Issue Date Amount 11991 RL LARSON EXCAVATING INC 28597 02/10/2016 47,528.80 12253 ST PAUL UTILITIES INC 28598 02/10/2016 584,278.50 12288 ADP LLC 28599 02/12/2016 1,177.52 10710 ICMA RETIREMENT TRUST 28600 02/12/2016 2,396.00 11792 INTERNATIONAL UNION LOCAL #49 28601 02/12/2016 402.00 11793 LAW ENFORCEMENT LABOR SERVICES 28602 02/12/2016 1,029.00 10002 LOCAL UNION IAFF #3486 28603 02/12/2016 328.50 11813 NCPERS GROUP LIFE INSURANCE 28604 02/12/2016 80.00 11986 CITIESDIGITAL 28605 02/10/2016 9,369.08 10011 ABLE HOSE & RUBBER LLC 28606 02/24/2016 49.06 12293 ACTIVE 911 28607 02/24/2016 352.50 10037 AHO/JESSIE 28608 02/24/2016 37.25 10039 AIRGAS USA LLC 28609 02/24/2016 397.94 10054 ALLIANCE MECHANICAL 28610 02/24/2016 1,843.00 10098 ARAMARK 28611 02/24/2016 573.80 1100 ARTISIAN BEER COMPANY 28612 02/24/2016 6,665.09 10115 ASPEN MILLS 28613 02/24/2016 133.49 10116 ASPEN WASTE SYSTEMS INC 28614 02/24/2016 130.30 1101 BAUHAUS BREW LABS LLC 28615 02/24/2016 527.00 10159 BEISSWENGER'S 28616 02/24/2016 3.52 1013 BELLBOY CORPORATION 28617 02/24/2016 11,466.19 1014 BELLBOY CORPORATION 28618 02/24/2016 113.12 1035 BERNICK'S BEVERAGE & VENDING 28619 02/24/2016 1,385.80 10175 BLAINE LOCK & SAFE INC.28620 02/24/2016 433.50 1018 BREAKTHRU BEVERAGE MN BEER 28621 02/24/2016 10,540.27 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 28622 02/24/2016 32,307.29 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 28623 02/24/2016 3,252.38 10215 BUREAU CRIMINAL APPREHENSION 28624 02/24/2016 240.00 1017 CAPITOL BEVERAGE SALES 28625 02/24/2016 16,920.32 1058 CASTLE DANGER BREWERY 28626 02/24/2016 426.40 10252 CENTERPOINT ENERGY 28627 02/24/2016 6,802.74 10254 CENTRAL LOCK & SAFE CO 28628 02/24/2016 329.39 10263 CENTURYLINK 28629 02/24/2016 947.00 10293 CITY OF ROSEVILLE 28630 02/24/2016 9,902.67 10306 CITY WIDE WINDOW SERVICE INC 28631 02/24/2016 85.66 1010 CLEAR RIVER BEVERAGE COMPANYMPANY 28632 02/24/2016 464.00 1021 COCA COLA REFRESHMENTS USA, INC.28633 02/24/2016 924.29 10326 COMMERS CONDITIONED WATER 28634 02/24/2016 108.75 10327 COMMISSIONER OF TRANSPORTATION 28635 02/24/2016 4,639.46 10332 COMPTON'S COMMERCIAL CLNG. INC 28636 02/24/2016 3,618.00 1042 CRYSTAL SPRINGS ICE 28637 02/24/2016 82.60 10373 DAILEY DATA & ASSOCIATES 28638 02/24/2016 21.25 10375 DALCO 28639 02/24/2016 63.48 10432 DORSEY & WHITNEY 28640 02/24/2016 20,779.95 1045 EXTREME BEVERAGE 28641 02/24/2016 915.42 1060 FAIR STATE BREWING COOPERATIVE 28642 02/24/2016 318.00 10522 FIRST-SHRED 28643 02/24/2016 33.00 8545 FLAT EARTH BREWING COMPANY 28644 02/24/2016 390.00 12258 FOELL, TRENTON L 28645 02/24/2016 3,000.00 10539 FRATTALLONE'S HARDWARE 28646 02/24/2016 3.58 10550 G & K SERVICES INC 28647 02/24/2016 1,171.93 10573 GOODIN COMPANY 28648 02/24/2016 .93 10578 GOPHER STATE ONE CALL 28649 02/24/2016 52.20 9 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 2/10/2016 - 2/24/2016 Feb 22, 2016 11:44AM Vendor Number Payee Check Number Check Issue Date Amount 1032 GRAPE BEGINNINGS, INC.28650 02/24/2016 366.75 10603 H & L MESABI INC 28651 02/24/2016 271.62 10642 HENN CNTY INFO TECH DEPT 28652 02/24/2016 2,901.23 10644 HENNEPIN CNTY FIRE CHIEFS ASSN 28653 02/24/2016 100.00 10661 HENNEPIN COUNTY TREASURER 28654 02/24/2016 1,175.70 12290 HENNEPIN COUNTY TREASURER 28655 02/24/2016 18,543.38 10668 HENRICKSEN PSG 28656 02/24/2016 90.00 1019 HOHENSTEIN'S, INC 28657 02/24/2016 10,291.70 10684 HOME DEPOT CREDIT SERVICES 28658 02/24/2016 339.48 1027 INDEED BREWING COMPANY 28659 02/24/2016 1,053.55 10723 INFINITY WIRELESS 28660 02/24/2016 264.00 10733 INSTRUMENTAL RESEARCH, INC.28661 02/24/2016 85.50 12105 INTERSTATE ALL BATTERY CENTER 28662 02/24/2016 132.95 1016 JJ TAYLOR DISTRIBUTING 28663 02/24/2016 48,205.59 1102 JOHNSON BROTHERS 28664 02/24/2016 2,229.06 1004 JOHNSON BROTHERS LIQUOR CO.28665 02/24/2016 11,233.85 1005 JOHNSON BROTHERS LIQUOR COMPANY.28666 02/24/2016 4,983.17 1006 JOHNSON BROTHERS LIQUOR COMPANY.28667 02/24/2016 10,773.29 1044 JOHNSON BROTHERS LIQUOR COMPANY.28668 02/24/2016 14,950.47 10785 KATH FUEL OIL SERVICE 28669 02/24/2016 641.55 10797 KONICA MINOLTA BUSINESS 28670 02/24/2016 57.90 10851 LILLIE SUBURBAN NEWSPAPER 28671 02/24/2016 402.30 10857 LMCIT % BERKLEY ADMINISTRATORS 28672 02/24/2016 1,000.00 10833 LMCIT %BERKLY RISK ADMIN CO 28673 02/24/2016 67,953.50 11985 MANSFIELD OIL COMPANY 28674 02/24/2016 11,274.75 10915 MEMA 28675 02/24/2016 80.00 10916 MENARDS LUMBER 28676 02/24/2016 10.60 10939 MIDWAY FORD 28677 02/24/2016 427.43 10988 MINNESOTA GFOA 28678 02/24/2016 60.00 10994 MINNESOTA OCCUPATIONAL HEALTH 28679 02/24/2016 72.00 11953 MINNESOTA PROFESSIONAL FIREFIGHTERS 28680 02/24/2016 25.00 11019 MISTER CAR WASH 28681 02/24/2016 119.25 12289 NATIONAL CHILD SAFETY COUNCIL 28682 02/24/2016 300.00 11106 NEOPOST LEASING 28683 02/24/2016 135.00 1051 NEW FRANCE WINE COMPANY 28684 02/24/2016 2,091.50 12088 OFFICE 8 28685 02/24/2016 144.95 11163 OFFICE DEPOT 28686 02/24/2016 288.98 12112 OREILLY AUTO PARTS 28687 02/24/2016 37.23 11185 PACE ANALYTICAL SERVICES, INC.28688 02/24/2016 63.50 11186 PAETEC 28689 02/24/2016 161.79 1012 PAUSTIS & SONS 28690 02/24/2016 2,520.32 1001 PHILLIPS WINE & SPIRITS 28691 02/24/2016 4,797.30 1002 PHILLIPS WINE & SPIRITS 28692 02/24/2016 10,745.21 11215 PIONEER RIM AND WHEEL CO.28693 02/24/2016 4.54 11225 PLEAA ATTN: J. FORBORD 28694 02/24/2016 35.00 11241 POSTMASTER - MPLS BMEU 28695 02/24/2016 225.00 11258 PRO HYDRO TESTING 28696 02/24/2016 675.00 11302 RAMSEY COUNTY 28697 02/24/2016 263.76 11306 RAMSEY COUNTY LEAGUE OF LOCAL 28698 02/24/2016 200.00 11539 REDPATH AND COMPANY 28699 02/24/2016 10,210.00 12291 RON TURLEY ASSOCIATES INC 28700 02/24/2016 4,020.00 11366 SAM'S CLUB 28701 02/24/2016 75.77 11393 SETS DESIGN, INC.28702 02/24/2016 390.50 10 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 2/10/2016 - 2/24/2016 Feb 22, 2016 11:44AM Vendor Number Payee Check Number Check Issue Date Amount 1036 SOUTHERN - WCW 28703 02/24/2016 791.68 1026 SOUTHERN LIQUOR 28704 02/24/2016 18,332.10 1024 SOUTHERN WINE & SPIRITS - LAKES DIVISION 28705 02/24/2016 2,086.76 1008 SOUTHERN WINE-SPIRITS-AMERICAN DIVISION 28706 02/24/2016 940.80 11465 ST. ANTHONY-NEW BRIGHTON 28707 02/24/2016 26,087.78 2001 STEEL TOE BREWING 28708 02/24/2016 285.50 11502 STREICHER'S 28709 02/24/2016 849.00 11529 SWEEPER SERVICES 28710 02/24/2016 261.61 2002 SWEETLAND ORCHARD 28711 02/24/2016 576.00 12292 SWENSON, ERIK 28712 02/24/2016 187.50 11559 THOMPSON ASSOCIATES 28713 02/24/2016 600.00 11566 TIMESAVER OFF SITE SECRETARIAL 28714 02/24/2016 408.00 11595 TRI STATE BOBCAT, INC.28715 02/24/2016 591.59 11819 TRUE NORTH ELECTRIC 28716 02/24/2016 3,621.60 11609 TWIN CITY GARAGE DOOR 28717 02/24/2016 1,670.00 11626 U.S. BANK (PURCHASING CARD)28718 02/24/2016 7,329.43 11633 UNIFORMS UNLIMITED 28719 02/24/2016 25.99 11635 UNIQUE PAVING MATERIAL 28720 02/24/2016 263.90 11637 UNITED ELECTRIC COMPANY 28721 02/24/2016 27.08 11674 VERIZON WIRELESS 28722 02/24/2016 337.96 1025 VINOCOPIA 28723 02/24/2016 1,993.60 11699 WAL-MART BUSINESS CENTER 28724 02/24/2016 58.50 11704 WASTE MANAGEMENT OF WI-MN 28725 02/24/2016 438.33 11706 WATER CONSERVATION SERVICE INC 28726 02/24/2016 264.38 11933 WIMACTEL INC 28727 02/24/2016 45.00 1034 WINE COMPANY/THE 28728 02/24/2016 1,075.60 1038 WINE MERCHANTS INC 28729 02/24/2016 2,033.50 11731 WITMER PUBLIC SAFETY GRP, INC.28730 02/24/2016 473.32 11735 WORLDPOINT ECC, INC.28731 02/24/2016 419.25 Grand Totals: 1,108,618.60 Automatic Payments: Xcel Energy $18,113.91 11 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 2/26/2016 - 3/9/2016 Mar 02, 2016 02:07PM Vendor Number Payee Check Number Check Issue Date Amount 10176 BLUE CROSS BLUE SHIELD 28732 02/26/2016 60,603.50 11798 CENTRAL PENSION FUND LOCAL #49 28733 02/26/2016 2,764.80 10710 ICMA RETIREMENT TRUST 28734 02/26/2016 2,396.00 12077 SUN LIFE FINANCIAL 28735 02/26/2016 855.80 10039 AIRGAS USA LLC 28736 03/09/2016 33.39 10054 ALLIANCE MECHANICAL 28737 03/09/2016 2,679.50 10056 ALLIED MEDICAL PRODUCTS 28738 03/09/2016 118.00 1054 AMERICAN BOTTLING CO 28739 03/09/2016 230.80 1100 ARTISIAN BEER COMPANY 28740 03/09/2016 2,475.00 10121 ASSOCIATION OF MINNESOTA 28741 03/09/2016 130.00 1101 BAUHAUS BREW LABS LLC 28742 03/09/2016 398.00 10159 BEISSWENGER'S 28743 03/09/2016 6.35 1013 BELLBOY CORPORATION 28744 03/09/2016 2,226.35 1014 BELLBOY CORPORATION 28745 03/09/2016 106.00 11883 BIG RIVER GROUP LLC 28746 03/09/2016 1,000.00 8544 BOURGET IMPORTS 28747 03/09/2016 235.00 1018 BREAKTHRU BEVERAGE MN BEER 28748 03/09/2016 9,439.50 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 28749 03/09/2016 4,133.72 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 28750 03/09/2016 633.63 10197 BRIAN NELSON INSPECTION SVCS 28751 03/09/2016 678.00 1017 CAPITOL BEVERAGE SALES 28752 03/09/2016 7,615.39 11910 CITY OF MINNEAPOLIS RECEIVABLES 28753 03/09/2016 204.00 10290 CITY OF NEW BRIGHTON 28754 03/09/2016 280.00 12150 CITY OF NEW BRIGHTON 28755 03/09/2016 2,747.75 10293 CITY OF ROSEVILLE 28756 03/09/2016 10,410.97 1010 CLEAR RIVER BEVERAGE COMPANYMPANY 28757 03/09/2016 1,352.90 12044 COMPASS MINERALS 28758 03/09/2016 7,274.71 10332 COMPTON'S COMMERCIAL CLNG. INC 28759 03/09/2016 3,578.00 10338 CONNELLY ELECTRONICS 28760 03/09/2016 305.70 1042 CRYSTAL SPRINGS ICE 28761 03/09/2016 104.30 10461 EHLERS & ASSOCIATES, INC.28762 03/09/2016 920.00 12019 ENFORCEMENT LIGHTING LLC 28763 03/09/2016 75.00 10508 FERGUSON WATERWORKS 28764 03/09/2016 162.06 11783 FIRE EQUIPMENT SPECIALTIES INC 28765 03/09/2016 1,774.95 10526 FLEETPRIDE 28766 03/09/2016 136.65 1117 F-TOWN BREWING COMPANY 28767 03/09/2016 139.00 10550 G & K SERVICES INC 28768 03/09/2016 405.50 1032 GRAPE BEGINNINGS, INC.28769 03/09/2016 192.25 10636 HEDBACK, ARENDT & CARLSON PLLC 28770 03/09/2016 3,500.00 10647 HENNEPIN COUNTY ATTORNEY 28771 03/09/2016 81.20 1019 HOHENSTEIN'S, INC 28772 03/09/2016 3,099.00 10684 HOME DEPOT CREDIT SERVICES 28773 03/09/2016 178.84 1027 INDEED BREWING COMPANY 28774 03/09/2016 1,434.30 10726 INLAND REAL ESTATE CORPORATION 28775 03/09/2016 2,925.42 11754 INTEGRATED LOSS CONTROL, INC.28776 03/09/2016 586.00 10753 INTERNATIONAL PUBLIC MANAGEMENT - HR 28777 03/09/2016 100.00 1016 JJ TAYLOR DISTRIBUTING 28778 03/09/2016 9,909.30 1004 JOHNSON BROTHERS LIQUOR CO.28779 03/09/2016 1,477.73 1005 JOHNSON BROTHERS LIQUOR COMPANY.28780 03/09/2016 2,148.17 1006 JOHNSON BROTHERS LIQUOR COMPANY.28781 03/09/2016 3,316.21 1044 JOHNSON BROTHERS LIQUOR COMPANY.28782 03/09/2016 1,254.18 10797 KONICA MINOLTA BUSINESS 28783 03/09/2016 155.76 1022 M. AMUNDSON LLP 28784 03/09/2016 1,974.85 12 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 2/26/2016 - 3/9/2016 Mar 02, 2016 02:07PM Vendor Number Payee Check Number Check Issue Date Amount 10931 METROPOLITAN COUNCIL - WASTEWATER 28785 03/09/2016 48,019.79 10978 MINNESOTA COUNTY ATTYS ASSN 28786 03/09/2016 11.00 12294 NADAV, AMIR 28787 03/09/2016 1,520.82 11089 NAPA AUTO PARTS 28788 03/09/2016 175.98 1051 NEW FRANCE WINE COMPANY 28789 03/09/2016 485.47 12112 OREILLY AUTO PARTS 28790 03/09/2016 24.73 11185 PACE ANALYTICAL SERVICES, INC.28791 03/09/2016 710.00 11186 PAETEC 28792 03/09/2016 89.63 1012 PAUSTIS & SONS 28793 03/09/2016 1,570.00 11211 PETTY CASH - U.S. BANK 28794 03/09/2016 173.47 1001 PHILLIPS WINE & SPIRITS 28795 03/09/2016 781.21 1002 PHILLIPS WINE & SPIRITS 28796 03/09/2016 2,466.03 11241 POSTMASTER - MPLS BMEU 28797 03/09/2016 1,950.00 11302 RAMSEY COUNTY 28798 03/09/2016 1,844.85 11345 ROSEVILLE CHRYSLER DODGE 28799 03/09/2016 144.32 11376 SCHELEN-GRAY AUTO ELECTRIC 28800 03/09/2016 325.00 11427 SOURCEONE GRAPHICS, INC.28801 03/09/2016 35.26 1036 SOUTHERN - WCW 28802 03/09/2016 505.12 1026 SOUTHERN LIQUOR 28803 03/09/2016 3,418.34 1024 SOUTHERN WINE & SPIRITS - LAKES DIVISION 28804 03/09/2016 1,235.02 1008 SOUTHERN WINE-SPIRITS-AMERICAN DIVISION 28805 03/09/2016 494.40 11457 ST ANTHONY VILLAGE CENTER, LLC 28806 03/09/2016 2,220.04 11482 STATE OF MINNESOTA 28807 03/09/2016 40.60 11485 STATE OF MINNESOTA DEPARTMENT 28808 03/09/2016 225.00 11502 STREICHER'S 28809 03/09/2016 2,064.97 12026 SUBURBAN RATE AUTHORITY 28810 03/09/2016 425.00 11531 T A SCHIFSKY & SONS 28811 03/09/2016 77.94 11536 TASC 28812 03/09/2016 615.00 11819 TRUE NORTH ELECTRIC 28813 03/09/2016 1,700.00 11633 UNIFORMS UNLIMITED 28814 03/09/2016 1,046.76 11674 VERIZON WIRELESS 28815 03/09/2016 1,299.74 11681 VIKING ELECTRIC SUPPLY INC 28816 03/09/2016 24.83 1025 VINOCOPIA 28817 03/09/2016 869.00 11704 WASTE MANAGEMENT OF WI-MN 28818 03/09/2016 438.76 1034 WINE COMPANY/THE 28819 03/09/2016 1,120.55 1038 WINE MERCHANTS INC 28820 03/09/2016 1,392.61 11731 WITMER PUBLIC SAFETY GRP, INC.28821 03/09/2016 153.07 12295 YELLOW DOG UPHOLSTERY 28822 03/09/2016 175.00 11753 ZIEGLER, INC.28823 03/09/2016 563.12 Grand Totals: 241,395.86 13 THIS PAGE LEFT INTENTIONALLY BLANK 14 REQUEST FOR COUNCIL CONSIDERATION Meeting Date: March 8, 2016 Resolution-Authorizing Amended East Metro SWAT Joint Powers Agreement Overview: In front of you this evening is an amended Joint Powers Agreement (JPA) for the East Metro SWAT. At the August 25, 2015 City Council meeting the Joint Powers Agreement was approved. Before you this evening is an amended JPA. The minor amendments were to update statute references in the insurance and indemnifications sections. Included in the packet this evening is the clean amended JPA. 15 THIS PAGE LEFT INTENTIONALLY BLANK 16 East Metro Special Weapons and Tactics Team Joint Powers Agreement 17 I. MISSION The primary mission of the East Metro Swat Team (EMS) is to jointly provide specialized police services for its members in critical incident emergency situations more effectively and efficiently than those services could be provided by each member on its own. The EMS team assists member law enforcement agencies and non-member law enforcement agencies, should they request mutual aid, in the resolution of high risk or critical incidents. The EMS team is specially trained and equipped to work as a coordinated team to respond to and resolve critical incidents. Examples of situations where EMS can be of assistance include, but are not limited to, the following: A. Incidents of Hostage Taking. B. Incidents of a Barricaded Suspect(s). C. Building or Field Searches for Armed or Dangerous Suspects. D. High Risk Warrant Service. E. Incidents of Civil Disturbance and Crowd Control. F. Providing and Assisting with Dignitary Protection. G. Any Other High Risk Incident or Situation Deemed Appropriate by EMS Operating Board. II. JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for critical incident response in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat. § 471.59 and §473.407; see also Minnesota Chapter 629. NOW, THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties hereby establish the East Metro Swat Team (EMS). 2. General Purpose. The purpose of this Joint Powers Agreement is to establish an organization to coordinate efforts to develop and provide joint response to critical incidents or high risk entries where there is a risk of criminal violence, occurring within the parties’ jurisdictions. 3. Parties. The parties to this Agreement shall consist of the following units of government that have signed this agreement: The City of Roseville The City of St. Anthony The City of North St. Paul The University of Minnesota The Metropolitan Council 18 III. GOVERNANCE 3.01 Governing Board The governing board of EMS shall consist of the following: East Metro Swat shall be governed by a governing board. Members of this board will be known as “Directors.” The Chief Law Enforcement Officer from each member, or his or her designee, shall serve as Director. Members of the governing board shall not be deemed to be employees of the governing board and shall not be compensated by the governing board. 3.02 Terms Appointees shall serve at the pleasure of the appointing party and may be removed only by the appointing party. 3.03 Chair The board will elect a chair. The Chair shall have no more power than any other Director except that the Chair shall: give notice of meetings when scheduled or otherwise called; call meetings to order and provide for their orderly and efficient conduct; provide for the preparation of minutes; and when authorized by the passage of a motion by board, execute contracts, agreements, reports, filing and other documents on behalf of EMS. 3.04 Meetings The governing board shall have a minimum of one meeting per year. Special meetings may be called by the Chair or two Directors. All meetings and notice of meeting shall comply with the Minnesota Open Meeting Law, Minnesota Statutes, Chapter 13D, as amended. The presence of a simple majority of the Directors shall constitute a quorum. 3.05 Voting Each party to this agreement shall have one vote at any meeting of the governing board. Proxy votes are not permitted. The governing board shall function by a majority vote of board members or alternate members present, provided that a quorum is present. 3.06 Duties of the Governing Board The governing board will formulate a program to carry out its purpose. The governing board will coordinate information between the parties and EMS. The governing board shall appoint and supervise the Team Commander of East Metro Swat. Appointments require the concurrence of the chief law enforcement officer of the Team Commander’s employer. 3.07 Powers of the Governing Board The governing board may enter into any contract necessary or proper for the exercise of its powers or the fulfillment to its duties and enforce such contracts to the extent available in equity or at law, except that the governing board shall not enter into any contract the term of which exceeds the term of this agreement. No payment on any invoice shall be authorized unless approved by a majority of its members. The chair shall report to the governing board any such payments at its next meeting. The governing board may apply for and accept gifts, grants or other property (excluding real property) or assistance from the United States government, the State of Minnesota, or any person, association, or agency for any of its purposes; enter into any agreement in connection therewith; 19 and hold, use and dispose of such money or other property and assistance in accordance with the terms of the gift, grant or loan relating thereto. All powers granted herein shall be exercised by the governing board in a fiscally responsible manner and in accordance with the requirements of law. The governing board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. 3.08 Insurance The governing board must obtain and maintain liability insurance in amounts not less than the statutory liability limits established under Minn. Stat. Ch. 466 and Minn. Stat.3.736 and may obtain other insurance it deems necessary to insure the parties, the governing board, its members and employees of the parties for actions arising out of this Agreement. Any excess or uninsured liability shall be borne equally by all the members, but this does not include the liability of any individual officer, employee, or volunteer which arises from his or her own malfeasance, willful neglect of duty, or bad faith. IV. BUDGET AND FINANCE 4.01 Budget By March 31 of each year the governing board shall prepare and adopt a budget for the following calendar year and may amend the same from time to time. 4.02 Expenses The parties intend to fund EMS through an equal, annual contribution paid by each party. The governing board shall establish the contribution by March 31 of the year prior to the year when the contribution is payable. The parties agree to pay the contribution as determined by the governing board on or before January 31 of the year following the determination. These funds may be paid from grants funds, drug forfeitures, and any funds voluntarily contributed by any member. 4.03 Accountability The Roseville Police Department shall act as the fiscal agent for EMS. All funds shall be accounted for according to generally accepted accounting principles. A report on all receipts and disbursements shall be forwarded to the parties quarterly and on an annual basis. V. POSITIONS 5.01 Team Commander The Team Commander shall be a licensed peace officer appointed by the governing board. Appointment as Team Commander pursuant to this agreement shall not obligate any party to pay to its employees so appointed either supervisory or other premium pay. 5.02 Leadership Positions The Team Commander shall appoint licensed peace officers to serve as executive officers, and team leaders subject to approval of the governing board. Appointment to a leadership position pursuant to this agreement shall not obligate any party to pay to its employees so appointed either supervisory or other premium pay. Peace officers assigned to leadership positions within EMS at all times will remain employees of the members’ own jurisdictions and will not be employees of the governing board. 20 Peace officers assigned to leadership positions shall be the liaison between the team members and the Team Commander when an EMS team has been deployed pursuant to this agreement. 5.03 Team members The chief law enforcement officer of each party shall assign licensed peace officers to serve as EMS team members, subject to approval of the Team Commander. Appointment as a team member pursuant to this agreement shall not obligate any party to pay its employees so appointed any premium pay. Team members assigned to the EMS at all times will remain employees of the members’ own jurisdictions and will not be employees of the governing board. A party may decline to make its personnel available to respond to a call for assistance. Failure to provide assistance in response to a request made pursuant to this agreement will not result in any liability to the party that fails to provide assistance or to the EMS. 5.04 Direction and Control Personnel and equipment provided pursuant to this agreement shall be under the direction and the tactical control of the licensed peace officer in command of the scene of the jurisdiction to which assistance is being provided. They shall remain under this tactical control until the request for assistance ends, or they are recalled by the Team Commander. 5.05 Compensation When EMS provides services to a requesting party, the personnel of EMS shall be compensated by their respective employers just as if they were performing the duties within and for the jurisdiction of their employer. No charges will be levied by EMS or by parties for specialized response operations provided to a requesting party pursuant to this agreement unless that assistance continues for a period exceeding 48 continuous hours. If assistance provided pursuant to this agreement continues for more than 48 continuous hours, and the assistance is not provided in connection with a criminal investigation, any party whose officers provided assistance for EMS shall submit itemized bills for the actual cost of any assistance provided, including salaries, overtime, materials and supplies, to EMS and EMS shall submit the invoices to the requesting party. The requesting party shall reimburse EMS for that amount, and EMS shall forward the reimbursement to its respective members. Each of the parties, with the exception of the Metropolitan Council, is required by Minn. Stat., § 12.27, Subd. 3 to designate employees or officers who are authorized to dispatch equipment and personnel, in certain emergencies, to other jurisdictions. For purposes of dispatching EMS teams, each of the parties delegates such authority to EMS, which is authorized to dispatch such personnel and equipment, taking into consideration each party's available resources. Calls for assistance from non-parties to EMS shall be governed by Minn. Stat., § 12.331. Each of the parties, with the exception of the Metropolitan Council, delegates to EMS the authority to respond with the personnel and equipment of that party that are assigned to EMS as a sending political subdivision within the meaning of Minn. Stat., § 12.331, Subd. 1, which is authorized to dispatch such personnel and equipment, taking into consideration each party's available resources. If EMS provides services to an entity not a party to this agreement, the responding parties may submit itemized bills for the actual cost of any assistance provided, including salaries, overtime, materials and supplies, to EMS, and EMS may bill such entity for the actual costs in accordance with Minn. Stat., § 12.331. 21 5.06 Workers’ Compensation Each party to this agreement shall be responsible for injuries to or death of its own employees in conjunction with services provided pursuant to this agreement. Each party shall maintain workers’ compensation coverage or self-insurance coverage, covering its own personnel while they are providing assistance as a member of EMS. Each party to this agreement waives the right to sue any other party for any workers’ compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees or agents. 5.07 Damage to Equipment Each party shall be responsible for damage to or loss of its own equipment occurring during deployment of EMS. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees or agents. Any equipment purchased or acquired by EMS shall be maintained and accounted for by the EMS Board and fiscal agent designated under section 4.03. Surplus property may be disposed of only under procedures authorized by law and distribution of property upon termination of this agreement shall be as provided for by Minn. Stat. §471.59, Subd. 5. 5.08 Indemnification East Metro Swat shall defend and indemnify the parties, and their officers, employees, and volunteers, from and against all claims, damages, losses, and expenses, including attorney fees, arising out the acts or omissions of any person acting on behalf of the governing board in carrying out the terms of this agreement. This agreement does not constitute a waiver on the limitations of liability set forth in Minn. Stat. §466.04 or Minn. Stat. §3.736. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee, or volunteer of any member for any act or omission for which the officer, employee, or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. To the fullest extent permitted by law, action by the parties to this agreement are intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purposes of liability, as set forth in Minn. Stat., § 471.59, subd. 1a (a), provide further that for purposes of that statute, each party to this agreement expressly declines responsibility for the acts or omissions of another party. The parties to this agreement are not liable for the acts or omissions of another party to this agreement except to the extent they have agreed in writing to be responsible for the acts or omissions of the other parties. When a party to this agreement loans an automobile to East Metro Swat, East Metro Swat’s automobile liability coverage shall be primary when East Metro Swat is in possession of the automobile. East Metro Swat agrees to defend and indemnify the owner of the automobile and any other parties to this agreement for any liability claims related to the use of the automobile, subject to the limitations in Section 3.08 of this Agreement. 5.09 Term This agreement will be in force for a period of three years from the date of execution. 22 VI. WITHDRAWL AND TERMINATION 6.01 Withdrawal Any party may withdraw from this agreement upon thirty (30) days written notice to the other parties. Withdrawal by any party shall not terminate this agreement with respect to any parties who have not withdrawn. Withdrawal shall not discharge any liability incurred by any party prior to withdrawal. Such liability shall continue until discharged by law or agreement. 6.02 Additional Members and Change in Membership A governmental unit may join EMS and become a member upon approval by the Governing Board and execution of a copy of this Agreement by its governing body. The Governing Board may involuntarily terminate a member if that member has failed to provide a minimum of one officer to East Metro Swat for more than 12 consecutive months. 6.03 Termination This agreement shall terminate upon the occurrence of any one of the following events: (a) when necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or (b) when a majority of remaining parties agrees to terminate the agreement upon a date certain. 6.04 Effect of Termination Termination shall not discharge any liability incurred by EMS or by the parties during the term of this agreement. Upon termination and after payment of all outstanding obligations, property or surplus money held by EMS shall then be distributed to the parties in proportion to their contributions. 6.05 Amendments This agreement may be amended only in writing and upon the consent of each of the parties’ governing body. 6.06 Counterparts This agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Counterparts shall be filed with the Roseville Police Department. 23 Execution Each Party, hereto has read, agreed to and executed this Joint Powers Agreement on the date indicated. The City of St. Anthony Village Mayor Jerome O. Faust Signature: _______________________________ Date: _________________ City Manager Mark Casey Signature: _______________________________ Date: _________________ 24 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 16-024 A RESOLUTION AUTHORIZING AMENDED JOINT POWERS AGREEMENT FOR THE EAST METRO SWAT TEAM WHEREAS, The East Metro SWAT Team provides specialized police services for its members in critical emergency situations; and WHEREAS, The City of St. Anthony has been a part of the East Metro SWAT since 2002; and WHEREAS, Currently, The East Metro SWAT is comprised of the police departments from Roseville, St. Anthony, North St. Paul, The University of Minnesota; and WHEREAS, Metro Transit wishes to join the East Metro SWAT as a member; and NOW, THEREFORE, BE IT RESOLVED, the City Council authorizes the City of St. Anthony to remain a member of the East Metro SWAT and execute Joint Powers Agreement. Adopted this 8th day of March, 2016. __________________________________________ Jerome O. Faust, Mayor ATTEST:___________________________ Nicole Miller, City Clerk Review for Administration: _________________________________________ Mark Casey, City Manager 25 THIS PAGE LEFT INTENTIONALLY BLANK 26 REQUEST FOR COUNCIL CONSIDERATION Meeting Date: March 8, 2016 Consent Agenda-Accepting Fire Relief’s Recommendation of No Change in Pension Benefit OVERVIEW: Each year the Fire Relief Association (FRA) reviews its financial position to determine if the existing benefit level should be adjusted according to their policy. For 2016 no change to the benefit level was determine by this process. The FRA uses the state formula to determine its pension liability. Using the State formula the pension fund was 102.3% at 12/31/2015. With the adoption of GASB 67 the FRA was required to get an outside actuarial report for it pension plan. The pension liability determined by the actuarial report is now the amount used in the annual Financial Statements. The pension funding level reported in the 2015 audited Financial Statements is 120.4%. Therefore the FRA’s use of the State’s computation of pension liability is the conservative practice. I recommend that the Mayor and City Council approve $3,300 as the 2016 benefit level reflecting no increase from 2015, per the FRA letter attached. 27 THIS PAGE LEFT INTENTIONALLY BLANK 28 29 THIS PAGE LEFT INTENTIONALLY BLANK 30 Building a legacy – your legacy. 701 Xenia Avenue South Suite 300 Minneapolis, MN 55416 Tel: 763-541-4800 Fax: 763-541-1700 Equal Opportunity Employer wsbeng.com S:\1Council Meetings\2016\03082016\LTR-hmcc-030816.docx March 8, 2016 The Honorable Mayor, City Council and Staff c/o Mark Casey, City Manager City of St. Anthony Village 3301 Silver Lake Road NE St. Anthony Village, MN 55418-1603 Re: 2016 Street and Utility Improvement Project St. Anthony Village, MN WSB Project No. 2170-130 Dear Honorable Mayor, City Council, and Staff: Following this letter are three resolutions for your consideration at the March 8, 2016 Council Meeting. The three resolutions for your consideration are: I. A Resolution Ordering Improvements This resolution states that the Council has completed the public hearing process and orders the project to be completed. II. A Resolution Adopting and Confirming Assessments for the 2016 Street and Utility Improvements Included in the Council packet are the assessments that have been calculated in accordance with the City’s street assessment policy for the 2016 Street and Utility Improvement Project. This resolution declares the amount to be assessed at $303,463.99 and outlines the assessment process in accordance with Minnesota Statutes Chapter 429. III. A Resolution Awarding a Bid for 2016 Street and Utility Improvements This resolution awards the contract for the 2016 street reconstruction project to the lowest bidder. A tabulation of these bidders, as well as the low bidder of R.L. Larson Excavating, Inc. with a bid amount of $2,060,276.95, can be seen in the Council packet. If you have any questions, I will be present at the March 8, 2016 Council Meeting to discuss those with you or please call me at 763-287-7182. Sincerely, Todd E. Hubmer, PE City Engineer Attachments 31 THIS PAGE LEFT INTENTIONALLY BLANK 32 2016 Street and Utility Improvement Project Public Hearing March 8, 2016 7:00 P.M. Project Location Stinson Boulevard NE (from 37th Avenue NE to Silver Lane NE) 33 Sanitary Sewer Improvements Water System Improvements 34 Drainage Improvements Street Reconstruction 35 Driveway Replacement Trees and Restoration Access to Businesses will be Maintained but Minor Disruptions for Short Periods of Time to be Expected Special Needs/Events Sprinkler Systems/Invisible Fencing Mail & Garbage Service Private Utilities CenterPoint Energy gas line replacement Common Concerns 36 Project Schedule Council Authorize Feasibility June 2015 Council Accept Feasibility September 2015 1st Public Info Meeting October 2015 Council Approve Plans December 2015 Receive Bids/Compute Assessments January 2016 2nd Public Info Meeting February 2016 Public Hearing/Award Contract March 2016 (7th of 7 meetings) Begin Construction May 2016 Substantial Completion October 2016 Final Paving June 2017 Project Cost/Funding Breakdown 37 Funding Sources Special Assessment 429 Public Improvement Bond Municipal State Aid (MSA) – Fund balance owed to City for future will increase. Assessment Calculations City Policy for Street & Local Drainage Improvements Up to 32-foot Wide, 9-ton Design Roadway 35% Assessed to Residential (R-3) 50% Assessed to Commercial and High Density Residential (R-4) Calculated using Lineal Feet of Street Frontage City Funds Pay Remaining Cost 38 Method for Determining Front Footage Assessed Parcels Stinson Boulevard NE to be reconstructed to 37-foot wide, 10- ton design roadway The City assumes the over- sizing costs to accommodate heavy truck traffic and larger traffic volumes along Stinson Boulevard NE. Benefitting property owners are proposed to be assessed only those costs associated with reconstructing Stinson Boulevard to a 32-foot wide, 9-ton design roadway. 39 Financing Assessments One Time Assessment Notice Sent in May 2016 Assessments Paid Over 15-Yr Period Option Deadline 1.Pay-off full Assessment Nov. 29, 2016 to avoid interest Nov. 29, (every year after) 2.Partial Payment Nov. 29, 2016 (1st year) 3.Apply direct to Property Automatic if above Tax options are not exercised - If Applied to Taxes....15 Year Payback..2% over the True Interest Cost (Not known until bonds are sold) - Assessment deferral? Contact the City Finance Director 40 41 Questions? 42 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 16-025 A RESOLUTION ORDERING IMPROVEMENTS FOR THE 2016 STREET AND UTILITY IMPROVEMENTS WHEREAS, a resolution of the City Council adopted on the 8th day of March 2016, fixed a date for Council hearing on the proposed improvements: Street & Utility Reconstruction  Stinson Boulevard from 37th Avenue NE to Silver Lane NE Trail and Sidewalk Improvements  8’ bituminous trail along west side of Stinson Boulevard between 37th Place N and 40th Avenue NE (This is a Columbia Heights improvement)  Salo Park sidewalk replacement Decorative Lighting  Stinson Boulevard NE between 37th Avenue NE and Silver Lane NE WHEREAS, ten days' mailed notice and two weeks' published notice in advance of said hearing was given and the hearing was held thereon on the 8th day of March 2016, at which time all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony Village approve such improvements as are hereby ordered in the Council Resolution. Adopted this 8th day of March, 2016. _____________________________ Jerome O Faust, Mayor ATTEST:____________________________ Nicole Miller, City Clerk Reviewed for administration: ______________________________ Mark Casey, City Manager 43 THIS PAGE LEFT INTENTIONALLY BLANK 44 CITY OF ST. ANTHONY VILLAGE NOTICE OF HEARING ON 2016 STREET AND UTILITY IMPROVEMENTS TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of the City of St. Anthony Village will meet in the Council Chambers of the City Hall, 3301 Silver Lake Road, St. Anthony Village, MN, at 7:00 pm, or as soon thereafter as possible, on March 8, 2016, to consider making the following improvements: 2016 Street, Sanitary Sewer, Water Main, and Drainage Improvements and Appurtenant Work This project consists of road and alleyway surface improvements, replacement or new construction of sanitary sewer, water main, and storm sewer lines, drainage improvements, and pedestrian crossing improvements. The improvements are identified below: 1. Street and utility improvements considered for assessment include: Street & Utility Reconstruction  Stinson Boulevard from 37th Avenue NE to Silver Lane NE Trail and Sidewalk Improvements  Salo Park sidewalk replacement 2. Public improvements not proposed for assessment include: Trail and Sidewalk Improvements  8’ bituminous trail along west side of Stinson Boulevard between 37th Place N and 40th Avenue NE (This is a Columbia Heights improvement) Decorative Lighting  Stinson Boulevard NE between 37th Avenue NE and Silver Lane NE Pursuant to Minnesota Statutes 429.011 to 429.111, portions of the improvement will be assessed to the abutting property owners of the named streets. The estimated cost of the improvement is $2,700,000. Such persons desiring to be heard with reference to the proposed improvements will be heard at this meeting. Mark Casey City Manager Publish: St. Anthony Bulletin 1. February 17, 2016 2. March 2, 2016 45 THIS PAGE LEFT INTENTIONALLY BLANK 46 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 16-026 A RESOLUTION ADOPTING AND CONFIRMING ASSESSMENTS FOR THE 2016 STREET AND UTILITY IMPROVEMENTS 1. The amount proper and necessary to be specially assessed at this time for various public improvements is 35% (low density residential) and 50% (high density residential and commercial) assessable as follows: Years First Year Levy First Year Collectible Assessed 15 2016 2017 $303,463.99 For improvements to the following: Street & Utility Reconstruction  Stinson Boulevard from 37th Avenue NE to Silver Lane NE against every assessable lot, piece, or parcel of land affected thereby has been duly calculated upon the basis of benefits, without regard to cash valuation, in accordance with the provisions of Minnesota Statutes, Chapter 429, and notice has been duly published, as required by law that this Council would meet to hear, consider and pass upon all objections, if any, and said proposed assessment has at all time since its filing been open for public inspection and an opportunity has been given to all interested persons to present their objections if any, to such proposed assessments. 2. This Council, having heard and considered all objections so presented, finds that each of the lots, pieces and parcels of land enumerated in the proposed assessment was and is specially benefited by the construction of said improvement in not less than the amount of the assessment set opposite the description of each such lot, piec e and parcel of land respectively, and such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land therein described. 3. The proposed assessments are hereby adopted and confirmed as the proper special assessments f or each of said lots, pieces and parcels of land respectively, and the assessment against each parcel, together with interest at the rate calculated at 2% over the interest cost per annum on the bonds to be issued by the City for said improvement, accruing on the full amount thereof unpaid, shall be a lien concurrent with general taxes upon parcel and all thereof. The total amount of each such assessment not pre -paid shall be payable in equal annual principal installments extending over a period of years, as indicated in each case. The first of said installments, together with interest on the entire assessment for the period of January 1, 2016 through December 31, 2016 will be payable with general taxes for the levy year of 2016 collectible in 2017, and one of each of the remaining installments, together with one year’s interest on that and all other unpaid installments, will be payable with general taxes for each consecutive year thereafter until the entire assessment is paid. 4. The owner of any property so assessed may, at any time prior to certification, make payments (partial or full) towards the balance owed. The owner may, at any time after certification, pay the whole of the assessment, with interest accrued to the date of payment, except that no inte rest be charged if the entire assessment is paid by November 30th of the assessment year. 5. The City Clerk shall, as soon as may be, prepare and transmit to the County Auditor a certified duplicate of the assessment roll, with each installment and interest on each unpaid assessment set forth separately, to be extended upon the property tax lists of the County and the County Auditor shall thereafter collect said assessment in the manner provided by law. 47 Adopted this 8th day of March, 2016. _____________________________ Jerome O Faust, Mayor ATTEST:____________________________ Nicole Miller, City Clerk Reviewed for administration: ______________________________ Mark Casey, City Manager 48 CITY OF ST. ANTHONY VILLAGE NOTICE OF HEARING ON ASSESSMENTS FOR 2016 STREET AND UTILITY IMPROVEMENTS TO WHOM IT MAY CONCERN: TIME AND PLACE, GENERAL NATURE Notice is hereby given that the City Council OF IMPROVEMENTS: of the City of St. Anthony Village, Minnesota, will meet in the Council Chambers of the City of St. Anthony Village on the 8th day of March, 2016, at 7:00 pm, or as soon thereafter as possible, to consider objections to the proposed assessments for 2016 Street and Utility Improvement Project, heretofore ordered by the City Council. ASSESSMENT ROLL OPEN TO INSPECTION: The proposed assessment roll is on file with the City Clerk and open to public inspection. AREA PROPOSED TO BE ASSESSED: The area proposed to be assessed consists of every lot, piece, or parcel of land benefited by said improvement, which has been ordered as follows: Street & Utility Reconstruction  Stinson Boulevard from 37th Avenue NE to Silver Lane NE Sidewalk Improvements  Salo Park sidewalk replacement TOTAL AMOUNT OF PROPOSED: The total amount proposed to be assessed is ASSESSMENT: $303,463.99. PROPOSED AMOUNT TO BE ASSESSED TO Attached is the proposed assessment amount EACH PARCEL: for each parcel included in the 2016 Street and Utility Improvement Project. WRITTEN OR ORAL OBJECTIONS: Written or oral objections will be considered at the hearing. RIGHT OF APPEAL: An owner of property to be assessed may appeal the assessment to the district court of Hennepin County pursuant to the Minnesota Statutes, Section 429.081 by serving notice of the appeal upon the Mayor or Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or Clerk. 49 LIMITATION OF APPEAL: No appeal may be taken as to the amount of any assessment adopted by the City Council unless a written objection signed by the affected property owner is filed with the Clerk prior to the assessment hearing or presented to the presiding officer at the hearing. All objections to the assessments not received at the assessment hearing in the manner prescribed by Minnesota Statutes, Section 429.061 are waived, unless the failure to object at the assessment hearing is due to a reasonable cause. DEPARTMENT OF ASSESSMENTS: Under the provisions of Minnesota Statutes Sections 435.193 to 435.195, the City may, at its discretion, defer the payment of assessments for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. MAILED NOTICE: The notice of this hearing mailed to property owners contains additional information. Mark Casey City Manager Publish: St. Anthony Bulletin 1. February 17, 2016 50 MEMORANDUM To: Honorable Mayor and City Councilmembers Mark Casey, City Manager From: Breanne Rothstein, AICP, City Planner Date: March 8, 2016 City Council Meeting WSB Project No. 02170-250 Request: Consider Resolution to Amend Sections 152.008 and 152.188 of City Code Pertaining to Medical Cannabis facilities OVERVIEW Following the legalization of medical cannabis by the State of Minnesota, the City of St. Anthony Village enacted a moratorium (“interim ordinance”) on February 24, 2015 prohibiting medical cannabis manufacturers and cannabis facilities within the city. The interim ordinance directed the city to conduct a detailed study investigating the necessity of a Zoning Code update and any prerequisites or considerations prior to an amendment of the City Code regulating medical cannabis manufacturers and facilities. The City’s completed study includes a review of the Minnesota state statute that prompted this investigation as well as an overview of Federal cannabis law. Following an analysis of medical cannabis within the context of existing City Zoning Code and the finding that significant land uses within St. Anthony would be sensitive to medical cannabis manufacturing or dispensary as well as the potential for emergent public safety concerns, the study recommends prohibiting all cannabis facilities in the City. The full text of the study is included with this report. A draft resolution would implement the recommendation of this study, amending the City’s Zoning Code to reflect the findings and prohibit medical cannabis manufacture and facilities in St. Anthony Village. SUMMARY OF AMENDMENTS As proposed, the resolution would specifically do the following: • Include a specific designation for Cannabis Facility (Marijuana Dispensary) as “an establishment or business which cultivates, acquires, manufactures, possesses, prepares, transfers, transports, supplies, or dispenses medical cannabis or any related supplies in accordance with Minnesota Statutes.”( § 152.008) • Prohibit Cannabis Facilities in all zoning districts (§ 152.188) • Include the provision clarifying that the revised Code does not preclude doctors from writing legal cannabis prescriptions or patients from exercising their legal right to possess or administer medical marijuana as per the law. 51 RECOMMENDED ACTION Staff recommends approval of the enclosed resolution amending Sections 152.008 and 152.188 of City Code to prohibit medical cannabis facilities in all City districts. The Planning Commission held a public hearing on February 22, 2016 (no one spoke), and forwarded the resolution to City Council with no recommendation. 52 Cannabis Facilities Zoning Amendment City Council Meeting March 8,2016 Overview o St. Anthony adopted a moratorium related to cannabis facilities (marijuana dispensaries) to study the issue. o St. Anthony commissioned a study of MN State Statute regarding medical cannabis and its potential impact on zoning code in St. Anthony. o The study concluded and recommended that cannabis facilities be prohibited in all zoning districts, due to potential for public safety concerns and incompatibility with surrounding land uses. 53 Summary of Amendments •Include a specific designation for Cannabis Facility (Marijuana Dispensary) as “an establishment or business which cultivates, acquires, manufactures, possesses, prepares, transfers, transports, supplies, or dispenses medical cannabis or any related supplies in accordance with Minnesota Statutes.”( § 152.008) •Prohibit Cannabis Facilities in all zoning districts (§ 152.188) •Include the provision clarifying that the revised Code does not preclude doctors from writing legal cannabis prescriptions or patients from exercising their legal right to possess or administer medical marijuana as per the law. Recommendation Staff recommends that the City Council approve the enclosed zoning amendments related to cannabis facilities (marijuana dispensaries). The PC met on February 22nd, held a public hearing (no one spoke) and forwarded the resolution to Council with no recommendation. 54 Questions? 55 THIS PAGE LEFT INTENTIONALLY BLANK 56 A STUDY FOR THE PURPOSE OF CONSIDERING AMENDMENTS TO THE CITY ZONING CODE REGARDING THE REGULATION OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES Conducted By THE CITY STAFF OF THE CITY OF SAINT ANTHONY VILLAGE, MINNESOTA January 2015 57 TABLE OF CONTENTS 1.0 EXECUTIVE SUMMARY .................................................................................................3 2.0 BACKGROUND INFORMATION ....................................................................................3 2.1 Recent Change in the Legal Status of Medical Cannabis Under Minnesota Law ..........................................................................................................................4 2.2 Federal Law .............................................................................................................7 2.3 Interim Ordinance (Moratorium) and Resolution Adopting Study..........................7 3.0 PURPOSE OF STUDY........................................................................................................8 4.0 ANALYSIS OF CITY OF SAINT ANTHONY VILLAGE ZONING CODE ...................9 4.1 Status of Cannabis in the City Code ........................................................................9 4.2 City of Saint Anthony Village Zoning Code: Intent, Purpose, and Interpretation ............................................................................................................9 4.3 Zoning Districts .....................................................................................................10 4.4 Interpretation of Medical Cannabis under the City’s Zoning Districts ..................12 5.0 IMPACT OF MEDICAL CANNABIS ..............................................................................14 5.1 Land Uses Sensitive to Medical Cannabis .............................................................14 5.2 Land Use Controls to Protect Sensitive Uses ........................................................14 5.3 Sensitive Land Uses in St. Anthony ......................................................................14 5.4 Public Safety ..........................................................................................................15 6.0 OPTIONS FOR MEDICAL CANNABIS .........................................................................17 6.1 No Action ...............................................................................................................17 6.2 Restricting Cannabis Facilities to LI District Subject to a Buffer .........................17 6.3 Prohibiting All Cannabis Facilities in the City ......................................................18 7.0 CONCLUSION ..................................................................................................................18 58 1.0 EXECUTIVE SUMMARY Following the legalization of medical cannabis by the State of Minnesota, the City of Saint Anthony Village, Minnesota (the “City”) enacted Ordinance 2015-02; Interim Ordinance Prohibiting Medical Cannabis Manufacturers and Cannabis Facilities on February 24, 2015 (the “Interim Ordinance”) that imposed an interim moratorium on medical cannabis manufacturers and cannabis facilities within the City and directed City staff to prepare an in-depth study evaluating the need to revise the City Code to regulate Medical Cannabis Manufacturers and Cannabis Facilities. The goals of the Study are as follows: • Determine the status of medical cannabis under the City Code; • Determine the status of medical cannabis manufacturers and facilities under the City’s Zoning Code; • Determine whether the Zoning Code’s application to medical cannabis manufacturers and facilities is consistent with the City’s intent in planning for property use within its zoning districts; • Evaluate the challenges involved with regulating medical cannabis manufacturers and facilities; • Ensure that, if amended, the Zoning Code is improved in regards to consistency and clarity with respect to medical cannabis manufacturers; and • Ensure that the Zoning Code is consistent with state law pertaining to medical cannabis. To increase clarity and consistency within the Zoning Code following the legalization of medical cannabis, the City Council should consider amending the Zoning Code. The City should do so in a manner that conforms to the original intent of the City’s zoning plan. This Study describes three potential options for the City in amending its Zoning Code: • Option 1. Take no action. • Option 2. Adopt amendments to the Zoning Code to make cannabis facilities a permitted conditional use limited to the LI District. • Option 3. Adopt an amendment to the Zoning Code prohibiting cannabis facilities in the City. Overall, Option #3 represents the best course of action for the City. The complete Study, including the basis for this final recommendation, follows in the sections below. 2.0 BACKGROUND INFORMATION Prior to analyzing whether the Zoning Code should be amended, it is first important to understand the context within which this Study operates. This Study therefore provides background information regarding the legalization of medical cannabis in the State of Minnesota. 59 2.1 Recent Change in the Legal Status of Medical Cannabis Under Minnesota Law According to the Minnesota House of Representatives Research Department report Minnesota’s Medical Cannabis Therapeutic Research Act (the “MCTRA”), dated July 2015:1 In May 2014, the Medical Cannabis Therapeutic Research Act was passed by the Minnesota Legislature and signed into law by Gov. Mark Dayton. The law establishes a patient registry program, administered by the Minnesota Department of Health (MDH), which allows qualifying patients to use and possess cannabis for medical use. The law allows for two manufacturers to be registered in the state. Each manufacturer will have one manufacturing facility and four distribution sites throughout the state. The manufacturers may only distribute medical cannabis in pill or liquid form, and patients may only possess medical cannabis in those limited forms. Qualifying medical conditions include: 1. Cancer 2. Glaucoma 3. HIV/AIDS 4. Tourette’s 5. ALS 6. Seizures 7. Severe and persistent muscle spasms 8. Crohn’s disease 9. Terminal illness with life expectancy of under one year 10. Any other condition or its treatment approved by the commissioner (subject to legislative overview) . . . Manufacturers Registration On December 1, 2014, MDH registered two medical cannabis manufacturers that are subject to re-registration every two years. As a condition of initial registration, each manufacturer agreed to begin distribution of medical cannabis to patients by July 1, 2015, and comply with other requirements under the law. MDH was required to consider the following factors when determining which manufacturers to register: • Technical expertise in cultivation and conversion into allowable forms of medical cannabis 1 Available at http://www.house.leg.state.mn.us/hrd/pubs/MCTRA.pdf 60 • The qualifications of the manufacturer’s employees • The long-term financial stability of the manufacturer • The ability to provide appropriate security measures on the premises of the manufacturer • Whether the manufacturer has demonstrated an ability to meet the medical cannabis production needs required by the registry program • The manufacturer’s projection and ongoing assessment of fees on patients Regulation . . . Location of facilities Each manufacturer will have four distribution facilities and one production facility (the production facility may be at the same location as a distribution facility). The distribution facilities must be located throughout the state based on geographical need in order to improve patient access. No facility may be within 1,000 feet of a school, public or private, that was in existence prior to the manufacturer’s registration with MDH. Security Manufacturers must have certain security measures on all distribution sites as well as the production site. These security measures include: • a fully operational security alarm system; • facility access control; • perimeter intrusion detection systems; and • a personnel identification system. . . . Distribution What may be distributed A manufacturer may only distribute medical cannabis as a pill or liquid. The manufacturers are allowed, but not required, to distribute medical cannabis products, such as delivery devices and educational material. All medical cannabis must be assigned a tracking number and be in packaging that complies with the United States Poison Prevention Packing Act. All medical cannabis must also be labeled with the following information: • All active ingredients • Individually identifying information, including: ° the patient’s name and date of birth 61 ° if applicable, the name and date of birth of the patient’s registered designated caregiver or parent or legal guardian ° the patient’s registry identification number ° the chemical composition ° the dosage Who may distribute the medical cannabis? Only employees of the manufacturer who are licensed pharmacists in Minnesota may distribute medical cannabis. Distribution by the pharmacist may only occur after the pharmacist has consulted with the patient to determine the proper dosage and range of chemical compositions for that individual patient. The MCTRA defined certain key terms. Where referenced, the following terms have the meaning provided in the MCTRA: Medical Cannabis is defined in Minnesota Statute § 152.22, Subd. 6: (a) “Medical cannabis” means any species of the genus cannabis plant, or any mixture or preparation of them, including whole plant extracts and resins, and is delivered in the form of: 1. liquid, including, but not limited to, oil; 2. pill; 3. vaporized delivery method with use of liquid or oil but which does not require the use of dried leaves or plant form; or 4. any other method, excluding smoking, approved by the commissioner. 5. This definition includes any part of the genus cannabis plant prior to being processed into a form allowed under paragraph (a), that is possessed by a person while that person is engaged in employment duties necessary to carry out a requirement under sections 152.22 to 152.37 for a registered manufacturer or a laboratory under contract with a registered manufacturer. Medical Cannabis Manufacturer as defined in Minnesota Statute § 152.22, Subd. 7: “Medical cannabis manufacturer" or “manufacturer” means an entity registered by the commissioner to cultivate, acquire, manufacture, possess, prepare, transfer, transport, supply, or dispense medical cannabis, delivery devices, or related supplies and educational materials. Patient as defined in Minnesota Statute § 152.22, Subd. 9: “Patient” means a Minnesota resident who has been diagnosed with a qualifying medical condition by a health care practitioner and who has otherwise met any other requirements for patients under sections 152.22 to 152.37 to participate in the registry program under sections 152.22 to 152.37. 62 Health Care Practitioner as defined in Minnesota Statute § 152.22, Subd. 4: “Health care practitioner” means a Minnesota licensed doctor of medicine, a Minnesota licensed physician assistant acting within the scope of authorized practice, or a Minnesota licensed advanced practice registered nurse who has the primary responsibility for the care and treatment of the qualifying medical condition of a person diagnosed with a qualifying medical condition. Registered Designated Caregiver as defined in Minnesota Statute § 152.22, Subd. 11: “Registered designated caregiver” means a person who: 1. is at least 21 years old; 2. does not have a conviction for a disqualifying felony offense; 3. has been approved by the commissioner to assist a patient who has been identified by a health care practitioner as developmentally or physically disabled and therefore unable to self-administer medication or acquire medical cannabis from a distribution facility due to the disability; and 4. is authorized by the commissioner to assist the patient with the use of medical cannabis. In addition, the following term was defined in the Interim Ordinance: Cannabis Facility shall mean any business or facility operated for the purpose of cultivating, acquiring, manufacturing, possessing, preparing, transferring, transporting, supplying, or dispensing Medical Cannabis or any related supplies. 2.2 The Status of Medical Cannabis Under Federal Law The Federal Controlled Substances Act classifies marijuana (cannabis) as a Schedule I substance. 21 U.S.C. § 811 et seq. Schedule I substances are considered to have a high potential for dependency and no accepted medical use. The possession and distribution of Schedule I substances, including marijuana is a federal offense. The federal sentencing guidelines impose increased penalties for distributing of marijuana within 1,000 feet of a school, playground, or public housing. 21 U.S.C. § 860. The U.S. Department of Justice issued a “Memorandum for Selected U. S. Attorneys on Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana” on October 19, 2009, indicating that it did not intend to prosecute individuals whose actions are in compliance with state laws on medical use of marijuana (referred to as the “Ogden Memo”). Despite the Ogden Memo, the U.S. Department of Justice has prosecuted operators of medical marijuana facilities and threatened to seize property on which medical marijuana facilities operate. 2.3 Interim Ordinance (Moratorium) and Resolution Adopting Study The City adopted the Interim Ordinance on February 24, 2015, which prohibited medical cannabis manufacturers and cannabis facilities in the City for the period of one year in order to 63 study their potential impact. In addition to placing a moratorium on cannabis facilities, the Interim Ordinance directed City staff to prepare this study. In order to protect the right of the City’s residents to receive lawful medical care, the Interim Ordinance specified that “[n]othing in this Interim Ordinance shall be construed to prohibit any Health Care Practitioner from writing a prescription for Medical Cannabis or any Patient or Registered Designated Caregiver from possessing and administering Medical Cannabis in compliance with the law.” 3.0 PURPOSE OF STUDY Because the recent change in the legal status of medical cannabis under Minnesota law and its potential to affect the City’s zoning controls, the City felt the need to conduct this Study. The goals of the Study are as follows: • Determine the status of medical cannabis under the City Code; • Determine the status of medical cannabis manufacturers and facilities under the City’s Zoning Code; • Determine whether the Zoning Code’s application to medical cannabis manufacturers and facilities is consistent with the City’s intent in planning for property use within its zoning districts; • Evaluate the challenges involved with regulating medical cannabis manufacturers and facilities; • Ensure that, if amended, the Zoning Code is improved in regards to consistency and clarity with respect to medical cannabis manufacturers; and • Ensure that the Zoning Code is consistent with state law pertaining to medical cannabis. 64 4.0 ANALYSIS OF CITY OF SAINT ANTHONY VILLAGE ZONING CODE This section provides information regarding the status of medical cannabis under the City code generally and how the Zoning Code applies to medical cannabis manufacturers. 4.1 Status of Cannabis in the City Code Chapter 131 of the City Code “Drugs and the Like” regulates drugs and controlled substances within the City, including marijuana. The City Code states that “[n]o person may manufacture, possess, constructively possess, sell, give away, barter, exchange, distribute, or otherwise transfer any controlled substance, except by way of a lawful prescription by a person licensed by law to prescribe and administer controlled substances.” City Code § 131.02. However, these prohibitions do not apply to the exceptions listed in M.S. §§ 152.0974, 152.11, or 152.12, or to the following activities in the ordinary course of lawful trade, business or profession: (A) Warehouse operators authorized by law to store controlled substances; (B) Persons engaged in transporting controlled substances as an agent or employee of an authorized practitioner, pharmacist, manufacturer, warehouse operator, wholesaler, or common carrier; (C) Public officers or public employees in the performance of official duties requiring possession or control of controlled substances, or persons aiding the officers or employees in the performance of the duties; (D) A patient using controlled substances in accordance with prescribed treatment; (E) Persons who procure, possess or use controlled substances for the purpose of lawful research, teaching or testing, and not for sale; and (F) Lawfully licensed and registered hospitals or bona fide clinics or other institutions for treatment of sick or injured persons or animals. Because medical cannabis may be lawfully prescribed under Minnesota Statutes § 152.22-37, Chapter 131 of the City Code does not prohibit the lawful manufacture, possession, sale, or distribution of medical cannabis within the City. In addition, Section 131.20 of the City Code prohibits the possession of marijuana but includes an exception were the use is authorize by law. As a result, the City Code does not prohibit the lawful possession or use of medical cannabis within the City. 4.2 City of Saint Anthony Village Zoning Code: Intent, Purpose, and Interpretation The City’s Zoning Code is located in Chapter 152 of the City Code. In interpreting and applying the Zoning Code to zoning decisions, the City considers the intent and purposes of the Zoning Code. City Code § 152.004. The general intent of the Zoning Code is “to protect the health, safety, and general welfare of the city and its people through the establishment of minimum regulations governing land development and use.” City Code § 152.002. 65 The Zoning Code has nine stated purposes for its establishment: 1. Protect the use districts; 2. Promote orderly development and redevelopment; 3. Provide adequate light, air, and access to property; 4. Prevent congestion in the public streets; 5. Prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards, and densities; 6. Provide for compatibility of different land uses; 7. Provide for administration and amendment of the Zoning Code; 8. Prescribe penalties for violations; and 9. Define the powers and duties of the city staff, the Board of Adjustments and Appeals, the Planning Commission, and the City Council in relation to the Zoning Code. City Code § 152.002. 4.3 Zoning Districts The City is divided into nine zoning districts (five residential, one commercial, one light industrial, one recreational/open space, and PUD Planned Unit Development). The residential districts occupy the vast majority of the City. The zoning districts allow for permitted uses and permitted conditional uses. A permitted use is “[a] use expressly authorized by the Zoning Code for a particular district or districts.” City Code § 152.008 (Zoning Code definitions section). A permitted conditional use is “[a] use which is not classified as a permitted use but which may be permitted subject to conditions imposed by the City Council.” Id. “If a use is not specifically permitted, permitted by conditional use permit, or prohibited, the use will be considered prohibited.” City Code § 152.006. Each zoning district has a specifically stated purpose. Besides having different planning goals and intentions, the zoning districts also differ in their allowance of certain types of activities. These purposes and allowed uses that may pertain to cannabis facilities in each of the nine zoning districts are listed below. R-1 Single-Family District Purpose: “to create and maintain areas which due to the natural amenities of the land, low traffic volumes, and historical development patterns are best suited for single-family detached residences.” City Code § 152.035. The R-1 District does not specifically permit any use that would allow cannabis facilities. City Code § 152.036-37. 66 R-1A Single-Family Lakeshore District Purpose: “to create and maintain lakeshore areas for single-family detached residences which, due to the natural amenity of the lake, and the topographic characteristics, call for zoning regulations which are somewhat different from other single-family districts and which are designed for the preservation of natural areas.” City Code § 152.050. The R-1A District does not specifically permit any use that would allow cannabis facilities. City Code § 152.052-53. R-2 Two-Family District Purpose: “to provide areas which are best suited for a higher density than single-family dwellings, and which may serve as a transitional use between R-1 or R-1A Districts and other districts.” City Code § 152.065. The R-2 District does not specifically permit any use that would allow cannabis facilities. City Code § 152.066-67. R-3 Townhouse District Purpose: “to provide areas where the natural amenities such as trees, hills and bodies of water are preserved by encouraging development of medium density housing surrounded by common open space, which may serve as a transitional use between less dense residential districts and other districts, and which provide for alternatives to 1- and 2-family detached dwellings.” City Code § 152.085. The R-3 District does not specifically permit any use that would allow cannabis facilities. City Code § 152.087-88. R-4 Multiple-Family District Purpose: “to provide areas for housing other than 1- and 2-family dwellings and townhouses, and which may serve as a transitional use between less dense residential uses and nonresidential uses.” City Code § 152.100. The R-4 District allows for service or convenience type businesses, including pharmacies, as a permitted condition use. See City Code § 152.102(a). C General Commercial District Purpose: “to provide areas for retail sales and services located and regulated so as to minimize adverse effects on neighboring residential districts and congestion of public streets.” City Code § 152.120. Within the C District, “drug stores” and “Physicians, dentists and health care professionals” are permitted uses. City Code § 152.121. LI Light Industrial District Purpose: “to designate areas for, and regulate the development of, light industry. Areas are designated as light industrial due to the proximity of high capacity roadways or rail facilities and existing development, and regulated to enhance the compatibility of light industrial uses and uses within the commercial and residential districts.” City Code § 152.140. Within the LI District, “[w]arehouses, wholesalers or distributors for pharmaceuticals” are a permitted use. 67 City Code § 152.141. The LI District allows for the permitted conditional use for “drug, cosmetic, pharmaceutical, and toiletries manufacture.” R/O Recreational/Open Space Purpose: “regulate development in those areas which have significant natural amenities such as trees, terrain, and water resources, and to regulate development for recreational purposes in areas which have significant public or private recreational potential.” The R/O District does not specifically permit any use that would allow cannabis facilities. City Code § 155-56. PUD Planned Unit Development Purpose: “to provide for planned unit developments within the city.” Each PUD District is governed by its specific planned unit development ordinance. Due to the individual nature of each PUD District, the status of medical cannabis is not analyzed under each individual PUD. However, the PUD Districts are focused on “single or mixed uses” and may incorporate a combination of uses allowed under residential, commercial, or industrial districts. 4.4 Interpretation of Medical Cannabis under the City’s Zoning Districts No cannabis facilities are allowed in R-1, R-1A, R-2, R-3, or R/O Districts. However, medical cannabis facilities would likely be an allowed use in R-4, C, and LI Districts. As a result, there may be the potential for conflicting land uses in these districts if cannabis facilities are allowed. Further detail on uses that may conflict with cannabis facilities is provided in Section 5. (a) Medical Cannabis in R-1, R-1A, R-2, R-3 and R/O Districts The R-1, R-1A, R-2, R-3 and R/O Districts do not specifically permit any use that would allow any type of cannabis facility. City Code § 152.036-37; 152.052-53; 152.066-67; 152.087- 88; 152.155-156. Therefore, no cannabis facilities are allowed in R-1, R-1A, R-2, R-3, or R/O Districts. (b) Medical Cannabis in the R-4 District The R-4 District allows for service or convenience type businesses, including pharmacies, as a permitted conditional use. See City Code § 152.102(a). The term “pharmacy” is not defined in the City Code. Because medical cannabis must be dispensed by a licensed pharmacist under State law, a medical cannabis dispenser would likely be considered a pharmacist under the City Code. As a result, a medical cannabis dispenser would likely be a conditional permitted use within the R-4 District and are not prohibited. There is the potential for conflicting land uses within the R-4 District. State licensed day care facilities are a permitted conditional use within the R-4 District. City Code § 152.102. 68 (c) Medical Cannabis in the C District Within the C District, “drug stores” and “Physicians, dentists and health care professionals” are permitted uses. City Code § 152.121. The terms “drug store” and “healthcare professional” are not defined in the City Code. Because medical cannabis must be dispensed by a licensed pharmacist under State law, a medical cannabis dispenser would likely be considered a pharmacist under the City Code and would likely be considered a “drug store” or “health care professional.” As a result, pharmacists or physicians that dispense medical cannabis would likely be a permitted use within the C District and would not be prohibited. There is the potential for conflicting land uses within the C District. The purpose of the City’s commercial zoning district is “to provide areas for retail sales and services located and regulated so as to minimize adverse effects on neighboring residential districts and congestion of public streets.” City Code § 152.120. The types of uses allowed within this district are uses associated with business and commerce. Permitted uses in the C District include day cares, music schools, and dance schools. Overall, the commercial zoning district occupies a relatively small portion of the City. Areas of the City zoned “commercial” primarily exist along Silver Lake Road in the northern part of the City and along Kenzie Terrace in the southwest part of the City. Some commercial areas also exist on the western boundary of the City south of 33rd Avenue Northeast, along 37th Avenue Northeast adjacent to the Soo Line Railroad tracks, and north of 39th Avenue Northeast. The commercial zoning district abuts residential, recreational/open space districts, and schools in numerous areas. (d) Medical Cannabis in the LI District Within the LI District, “[w]arehouses, wholesalers or distributors for pharmaceuticals” are a permitted use. City Code § 152.141. The LI District allows for the permitted conditional use of “drug, cosmetic, pharmaceutical, and toiletries manufacture.” As a result, the manufacture of medical cannabis would likely be a permitted conditional use in the LI District. The warehousing or distribution of medical cannabis would likely be a permitted use in the LI District. There is the potential for conflicting land uses within the LI District. The purpose of the City’s light industrial zoning district is “to designate areas for, and regulate the development of, light industry. Areas are designated as light industrial due to the proximity of high capacity roadways or rail facilities and existing development, and regulated to enhance the compatibility of light industrial uses and uses within the commercial and residential districts.” City Code § 152.140. Day care centers are a permitted conditional use within the LI District Overall, the light industrial zoning district occupies a relatively small portion of the City. Areas of the City zoned “light industrial” primarily exist within two specific areas: (1) along or near the Soo Line railroad in the northern part of the City and (2) north of the Northern Pacific Railway in the southeast part of the City, including areas along U.S. Highway 88 and County Road C. The light industrial district abuts residential and recreational/open space districts in numerous areas. 69 5.0 IMPACT OF MEDICAL CANNABIS 5.1 Land Uses Sensitive to Medical Cannabis A study by the American Bar Association identified a series of sensitive land uses that cities around the country have determined were incompatible with medical cannabis.2 These sensitive uses include residences, schools, child care centers, rehab centers, churches, parks, libraries, cinemas, and recreation centers. A report by the Massachusetts Municipal Association determined that “uses that are being considered as incompatible [to medical marijuana treatment centers] are schools, day care centers, churches, residential areas and other medical marijuana treatment centers.”3 5.2 Land Use Controls to Protect Sensitive Uses To protect sensitive uses, almost all of the cities studied by the ABA adopted requirements for a buffer between cannabis facilities and sensitive uses in order to protect the sensitive uses.4 While the size of buffers implemented range from 250 feet to 1,320 feet, the most common buffer was 1,000 feet, consistent with the federal policy to discourage marijuana distribution within 1,000 feet of schools and certain other sensitive uses.5 For example, the City of Bloomington has implemented a requirement for a 1,000-foot buffer between cannabis facilities and existing schools. In addition, most cities limit cannabis facilities to areas zoned commercial and industrial or prohibit cannabis facilities in areas zoned residential and mixed use. Many cities have also implemented a cap on the number of cannabis facilities within the jurisdiction.6 5.3 Sensitive Land Uses in St. Anthony The sensitive uses most likely to be impacted by cannabis facilities in the C District or LI District are residences, day care centers, and parks. A significant number of these sensitive uses exist within areas that would be impacted by cannabis facilities. As a result, allowing medical cannabis without controls to protect sensitive uses would likely have a significant and negative impact on health, safety, and general welfare within the City. The existing sensitive uses that would be negatively impacted by medical cannabis are as follows: 2 Nemeth, Jeremy and Ross, Eric, Planning for Marijuana: The Cannabis Conundrum, American Bar Association, Section of State and Local Government Law and Section of Public Contract Law, Fall 2014, available at http://www.americanbar.org/content/dam/aba/events/state_local_government/2014%20Fall%20Council%20Meeting /reefer-madness/NemethRoss.authcheckdam.pdf. 3Saint Andre, Barbara, Medical Marijuana: Land Use Concerns, Massachusetts Municipal Association Annual Meeting 2013, available at https://www.mma.org/resources-mainmenu-182/doc_view/775-medical-marijuana-land- use-concerns. 4 Nemeth, supra at note 2. 5 Id. 6 Id. 70 (a) Residential Districts All LI and C Districts within the City abut residential districts. (b) Day Care Centers The Minnesota Department of Health and Safety lists eleven licensed child care centers and family child care facilities in St. Anthony. Five of the day care centers are located in the LI District or within 1,000 feet of the LI District. The locations of these day care centers are as follows:7 • 3900 block of Fordham Drive NE • 3300 Block of Edgemere Avenue • 2800 block of Anthony Lane S • 3000 block of Wilson Street NE • 3000 block of Old Highway Two day care centers are located within the C District. • 2900 block of Pentagon Drive • 2500 block of Kenzie Terrace (c) Parks The following parks are located within 1,000 feet of the LI District • Trillium Park • Silver Point Park • Francis A. Gross Golf Course • Emerald Park • Sunset Memorial Park 5.4 Public Safety There are a number of public safety challenges associated with medical cannabis. Bloomington recently adopted an ordinance regulating medical cannabis.8 In considering the ordinance, the City of Bloomington conducted a study that identified the following challenges associated with medical cannabis in Minnesota: • Physicians, nurse practitioners, and physicians’ assistants cannot prescribe medical cannabis under their licensing restrictions; • A distribution facility functions as a stand-alone clinic where patients must be examined by a pharmacist; 7 The names and exact addresses of the day care programs are not provided in this report to protect the day care programs. 8 City of Bloomington, Ordinance No. 2015-27, adopted October 19, 2015. 71 • Many of the medical conditions for which medical cannabis is allowed mean they are vulnerable due to their medical conditions; • Due to federal law, credit card companies will not authorize transactions involving medical cannabis, which forces medical cannabis distributors to operate as ‘cash only’ businesses; • Insurance companies will not cover medical marijuana and the cost of medical cannabis ranges from $55 to $85 per gram; totaling an average of $500 per cash transaction. • Due to the uncovered, high cost of medical marijuana there has developed a black market for stolen medical marijuana which is then sold to qualified patients and others at a lower cost. As a result, the study concluded that medical cannabis creates a public safety concern, including a serious security concern for patients visiting medical cannabis distributors, an increase risk of employee theft, an increased risk of burglary and non-employee theft from the building.9 To address these concerns, the City of Bloomington adopted licensing requirements for cannabis facilities that included maintaining records of transactions; restricting the hours of operation to 7:00 am to 7:00 pm; requiring security that mirror the security procedures required by the Minnesota Department of Health; limiting exterior signage to minimize attention; require an ATM so that patients do not have to carry cash; requiring city or police inspections; prohibiting paraphernalia or other merchandise.10 The City of Bloomington also requires a 1,000-foot buffer between cannabis facilities and schools. In addition to these controls, Bloomington’s study recommended limiting the number of distribution facilities to one per 100,000 city residents, which the ordinance adopted. According to the U.S. Census Bureau, Bloomington has a population of approximately 83,000 residents. By comparison, the U.S. Census Bureau estimates the City of St. Anthony’s population at approximately 8,600 residents.11 9 See City of Bloomington, Request for Council Action, Case 10000G-15, dated October 19, 2015. 10 Id. 11 Id. 72 6.0 OPTIONS FOR MEDICAL CANNABIS 6.1 No Action The first option for the City is to take no action. If the City takes no action, medical cannabis dispensaries would likely be treated as pharmacies under the Zoning Code because medical cannabis dispensaries must be operated by a pharmacist and “pharmacy” is not a defined term in the Zoning Code. As a result, taking no action would mean medical cannabis dispensers would likely be a permitted conditional use in the R-4 District, a permitted use in the C District, and a permitted use in the LI District. Furthermore, manufacture and distribution of medical cannabis would be a permitted use in the LI District. Taking no action could create inconsistent land uses because cannabis facilities would be allowed in the vicinity of residential areas, day care centers, schools, parks, libraries and other incompatible uses. As a result, taking no action could adversely affect existing businesses, development, and residential home values. For these reasons, this option is not recommended because it will not protect the health, safety, and general welfare of the City and its people. 6.2 Restricting Cannabis Facilities to LI District Subject to a Buffer The second option is for the City to adopt amendments the Zoning Code to make cannabis facilities a permitted conditional use only in the LI District. Cannabis facilities would be prohibited in all other districts. Cannabis facilities in the LI District would be subject to a buffer requiring the cannabis facilities to be located a certain distance from any sensitive use, including residential areas, day care centers, schools, parks, and libraries. Restricting cannabis facilities to the LI District would exclude cannabis facilities from the R-4 and C Districts, but would allow medical cannabis manufacturers to operate in the LI District. This option is not recommended because the City cannot impose a sufficient buffer distance that would allow medical cannabis facilities as a conditionally permitted use while still protecting sensitive uses. Most cities, including Bloomington, use a 1,000-foot buffer to protect sensitive uses. In the City, however, all of the area within the LI District is within 1,000 feet of a residential district, a park, day care or other sensitive use. A 1,000-foot buffer would, in effect, prohibit cannabis facilities within the City. In order to allow cannabis facilities as a permitted conditional use, the City would have to adopt a buffer that is significantly less than the 1,000- foot buffer that most cities require. As a result, there would be a heightened risk that cannabis facilities would impact sensitive uses within the City. Even with a smaller buffer distance, there would still be conflicting land uses. Day care centers are a permitted conditional use within the LI District. Allowing cannabis facilities in the LI District could limit further development of day care centers within the LI District. For these reasons, this option is not recommend because it will not protect the health, safety, and general welfare of the City and its people. 73 6.3 Prohibiting All Cannabis Facilities in the City The third option is for the City to adopt an amendment to the Zoning Code prohibiting cannabis facilities within the City. This option would protect sensitive uses, including residential areas, day care centers, schools, parks, and libraries, throughout the City. Unlike the other options, this option would also protect the development of child care centers in the LI District. This option is recommended because it will protect the health, safety, and general welfare of the City and its people. If the City chooses to adopt this option, the City should consider language clarifying that the legal use of medical cannabis under State law is not prohibited within the City in order to protect the right of the City’s residents to receive legal medical treatment. 7.0 CONCLUSION Due to the location of the LI and C Districts within the City, the presence of cannabis facilities as an allowed use within the City would create the potential for conflicting uses between cannabis facilities and sensitive uses—including residential districts, parks, and day care centers—and would create a threat to the health, safety, and general welfare of the City and its people. The land use controls adopted by other cities to address this concern—buffers between cannabis facilities and sensitive uses—would not be an effective control for the City because the buffers would either have the effect of prohibiting all cannabis facilities or the buffers would be too small to prevent the potential impacts from cannabis facilities. As a result, this study recommends that the City amend the Zoning Code to prohibit cannabis facilities in order to protect the health, safety, and general welfare of the City and its people. 74 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 16-027 A RESOLUTION ACCEPTING FINDINGS FROM A STUDY FOR THE PURPOSE OF CONSIDERING AMENDMENTS TO THE CITY ZONING CODE REGARDING THE REGULATION OF MEDICAL CANNABIS MANUFACTURERS AND CANNABIS FACILITIES AND ADOPTING A TEXT AMENDMENT TO THE ZONING CODE TO IMPLEMENT OPTION 3 OUTLINED IN SAID STUDY WHEREAS, the 2014 Minnesota Session Laws Chapter 311, §§ 1-22, codified at Minnesota Statutes § 152.22-37, legalized and established regulations for medical cannabis and medical cannabis manufacturers; WHEREAS, the City of St. Anthony Village Zoning Code does not regulate medical cannabis business and establishments; WHEREAS, the City Council adopted an interim ordinance prohibiting medical cannabis manufacturers and cannabis facilities on February 24, 2015; WHEREAS, the interim ordinance authorized a study regarding the regulation of medical cannabis manufacturers and cannabis facilities; WHEREAS, the study regarding the regulation of medical cannabis manufacturers and cannabis facilities titled A Study for the Purpose of Considering Amendments to the City Zoning Code Regarding the Regulation of Medical Cannabis Manufacturers and Cannabis Facilities (the “Study”) has been completed and has been made available to the public and the City’s Planning Commission; WHEREAS, the Study identified the potential for sensitive uses, including residential areas, day care centers, schools, and parks, to be negatively impacted by cannabis facilities; WHEREAS, the Study evaluated land use controls that would allow the development of cannabis facilities while protecting sensitive uses; WHEREAS, the Study determined that the land use controls would be incapable of protecting sensitive uses while still allowing cannabis facilities due to the unique characteristics of the City of St. Anthony Village; WHEREAS, the Study recommended pursuing Option 3 – Prohibiting All Cannabis Facilities in the City in order to protect the health, safety, and general welfare of the City of St. Anthony and its people; WHEREAS, the Planning Commission reviewed and considered the Study and a text amendment to the City of St. Anthony Village Zoning Code adopting Option 3 on February 22, 2016; NOW THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village accepts the findings and recommendations documented in the Study. NOW THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of St. Anthony Village adopts the following text amendment to the City of St. Anthony Village Zoning Code to implement Option 3 in the Study: 75 § 152.008 Cannabis Facility (aka Marijuana Dispensary). An establishment or business which cultivates, acquires, manufactures, possesses, prepares, transfers, transports, supplies, or dispenses medical cannabis or any related supplies in accordance with Minnesota Statutes § 152.22. § 152.188 Cannabis Facilities (aka Marijuana Dispensary) (A) Cannabis Facilities are prohibited in all districts. (B) The prohibition on Cannabis Facilities shall not be construed to prohibit any health care practitioner from writing a prescription for medical cannabis or any patient or registered designated caregiver from possessing and administering medical cannabis in compliance with the law. Adopted this 8th day March, 2016. _____________________________ Jerome O. Faust, Mayor ATTEST:____________________________ Nicole Miller, City Clerk Reviewed for administration: ______________________________ Mark Casey, City Manager 76 REQUEST FOR COUNCIL CONSIDERATION Meeting Date: March 8, 2016 Ordinance-Amending Sections 152.008 and 152.188 of City Code pertaining to Medical Cannabis Facilities OVERVIEW: Following the adoption of Resolution 16-027 accepting Findings from the Study for the Purpose of Considering Amendments to the City Zoning Code Regarding the Regulation of Medical Cannabis Manufacturers and Cannabis Facilities, is an Ordinance to amend sections of the City Code pertaining to Medical Cannabis Facilities. 77 THIS PAGE LEFT INTENTIONALLY BLANK 78 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA ORDINANCE NO. 2016-01 AN ORDINANCE AMENDING SECTION 152.008 DEFINITIONS TO ADD DEFINITION OF CANNABIS FACILITY (AKA MARIJUANA DISPENSARY) AND ADDING SECTION §152.188 CANNABIS FACILITIES (AKA MARIJUANA DISPENSARY); TO PROHIBIT SUCH FACILITIES IN ALL DISTRICTS The City Council of the City of Saint Anthony Village ordains as follows: Section One. Amendment to the City of Saint Anthony Village City Code to Amend Section §152.008. Section §152.008 of the City Code of the City of Saint Anthony Village is hereby amended as follows. The deleted language is represented by strikethrough text. The additional language is represented by double underlined text. §152.008 DEFINITIONS. Cannabis Facility (aka Marijuana Dispensary). An establishment or business which cultivates, acquires, manufactures, possesses, prepares, transfers, transports, supplies, or dispenses medical cannabis or any related supplies in accordance with Minnesota Statutes § 152.22. Section Two. Amendment to the City of Saint Anthony Village City Code to Add Section §152.188 Cannabis Facilities (aka Marijuana Dispensary). Section §152.188 of the City Code of the City of Saint Anthony Village is hereby amended as follows. The deleted language is represented by strikethrough text. The additional language is represented by double underlined text. §152.188 CANNABIS FACILITIES (AKA MARIJUANA DISPENSARY) (A) Cannabis Facilities are prohibited in all districts. (B) The prohibition on Cannabis Facilities shall not be construed to prohibit any health care practitioner from writing a prescription for medical cannabis or any patient or registered designated caregiver from possessing and administering medical cannabis in compliance with the law. Section Three. Findings for Amending the City of Saint Anthony Village City Code by Amending Sections 152.008 and Section 152.188. In amending the City of Saint Anthony Village City Code by amending Sections 152.008 and Section 152.188 relating to the regulations of cannabis facilities (aka marijuana dispensary), the City Council of the City of Saint Anthony 79 Village finds that the amendment is required for the public good; is in the interest of public health, safety and welfare; and is compatible with the City’s Comprehensive Plan. Section Four. Effective Date. This Ordinance amendment shall be in full force and effect upon its publication as provided by law. Passed in regular session of the City Council on March 8, 2016. CITY OF SAINT ANTHONY VILLAGE By:_________________________________ Jerome O. Faust, Mayor ATTEST: By:_________________________________ Nicole Miller, City Clerk Adopted-March 8, 2016 Publish: St. Anthony Bulletin Publication Date: March 16, 2016 80 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 16-028 A RESOLUTION AWARDING A BID FOR THE 2016 STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for the improvement as shown on the plan for the above-referenced project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Contractor Total Bid 1 R.L. Larson Excavating, Inc. $2,060,276.95 2 LaTour Construction, Inc. $2,082,371.05 3 Northdale Construction Co., Inc. $2,505,601.56 4 S.R. Weidema, Inc. $2,651,130.34 5 Park Construction Company $11,402,626.55 WHEREAS, it appears that R.L. Larson Excavating, Inc. of St. Cloud, MN is the lowest responsible bidder, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of St. Anthony Village that: 1. The Mayor and City Manager are hereby authorized and directed to enter into a contract with R.L. Larson Excavating, Inc. in the amount of $2,060,276.95 in the name of the City of St. Anthony Village, Minnesota for the improvement outlined in the above- referenced project according to the plans and specifications, therefore, approved by the City Council and on file in the office of the City Clerk. 2. The Engineer, WSB & Associates, Inc., is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next two lowest bidders shall be retained until a contract has been signed. Adopted this 8th day of March , 2016. _____________________________ Jerome O Faust, Mayor ATTEST:____________________________ Nicole Miller, City Clerk Reviewed for administration: ______________________________ Mark Casey, City Manager 81 THIS PAGE LEFT INTENTIONALLY BLANK 82 PROJECT: and Appurtenant Work OWNER: City of St. Anthony Village WSB PROJECT NO.: 2170-13 Bids Opened: Wednesday, January 27, 2016 10 a.m. Contractor Addendum No. 1 Addendum No. 2 Bid Security (5%)Grand Total Bid 1 R.L. Larson Excavating, Inc.X X X $2,060,276.95 2 LaTour Construction, Inc.X X X $2,082,371.05 3 Northdale Construction Co., Inc.X X X $2,505,601.56 4 S.R. Weidema, Inc.X X X $2,651,130.34 5 Park Construction Company X X X $11,402,626.55 Engineer's Opinion of Cost $2,188,485.50 Denotes corrected figure Justin Messner, PE Project Manager BID TABULATION SUMMARY I hereby certify that this is a true and correct tabulation of the bids as received on January 27, 2016. 2016 Street and Utility Improvement Project 83 THIS PAGE LEFT INTENTIONALLY BLANK 84 REQUEST FOR COUNCIL CONSIDERATION Meeting Date: March 8, 2016 Resolution-Authorizing Participation in the 2016-2017 GreenCorp’s Program OVERVIEW: In front of you this evening is a Resolution to authorize staff submitting an application to be a GreenCorp host site for the 2016-2017 program year. Minnesota GreenCorp is an AmeriCorp Program coordinated by the Minnesota Pollution Control Agency (MPCA). The goal of MN GreenCorp is to preserve and protect Minnesota’s environment while training a new generation of environmental professionals. The City of St. Anthony applied and was awarded a GreenCorp member for the 2012-2013 and 2015-2016 program year. With the assistance of the GreenCorp member, the City has established several sustainable programs that will continue to benefit the City for many years to come. The GreenCorp member would be compensated by the MPCA and St. Anthony would be responsible for supervision and office space. 85 THIS PAGE LEFT INTENTIONALLY BLANK 86 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 16-029 A RESOLUTION AUTHORIZING PARTICIPATION IN THE 2016-2017 GREENCORPS PROGRAM WHEREAS, the City of St. Anthony had applied to host an AmeriCorps member from the Minnesota GreenCorps, a program of the Minnesota Pollution Control Agency (MPCA), for the 2012-2013 and 2015-2016 program year; and WHEREAS, the City of St. Anthony was awarded to host an AmeriCorps member from the Minnesota GreenCorps for the 2012-2013 and 2015-2016 program year; and WHEREAS the City of St. Anthony desires to apply to host an AmeriCorps member from the Minnesota GreenCorps, for the 2016-2017 program year; and WHEREAS, the MPCA requires that the City of St. Anthony enter into a host site agreement with the MPCA that identifies the terms, conditions, roles and responsibilities. BE IT RESOLVED THAT the City of St. Anthony hereby agrees to enter into and sign a host site agreement with the MPCA to carry out the member activities specified therein and to comply with all of the terms, conditions, and matching provisions of the host site agreement and authorizes and directs the City Manager to sign the grant agreement on its behalf. Adopted this 8th day March, 2016. _____________________________ Jerome O. Faust, Mayor ATTEST:____________________________ Nicole Miller, City Clerk Reviewed for administration: ______________________________ Mark Casey, City Manager 87 THIS PAGE LEFT INTENTIONALLY BLANK 88 REQUEST FOR COUNCIL CONSIDERATION Meeting Date: March 8, 2016 2016 Strategic Plan OVERVIEW: In front of you this evening is the 2016 Strategic Plan. On January 14th and 15th, 2016, City Council, department heads, consultants and special guests joined together to collaboratively create goals and the strategic plan for the City of St. Anthony in 2016. Prior to creating goals for 2016, the group reviewed and discussed: the City of St. Anthony’s 2015 Goals and Accomplishments, 2018 Comprehensive Plan background information, long term vision/priorities, emerging issues, and strengths and opportunities. The Strategic Plan outlines the collaborative process that the group followed to develop the 2016 Pyramid for the City of St. Anthony. 89 THIS PAGE LEFT INTENTIONALLY BLANK 90 St. Anthony Fire Department 2015 Annual Report Fire Department Divisions Fire Inspections Code Enforcement Fire Prevention Public Education Operations Training FIRE DEPARTMENT Emergency Management 91 24 Active Firefighters 3 Rookies In-Training 2 Part-Time Code Enforcement Employees Operations PERSONNEL CALL RESPONSE VEHICLES EQUIPMENT COMMUNICATIONS 92 Total Calls For Service 58% Increase 2001 - 901 2015 - 1425 Call Breakdown Medical Calls – 74% Fire/Other - 26% 26 31 181 45 78 2 1,062 FIRES HAZARDOUS CONDITION SERVICE CALL GOOD INTENT FALSE ALARMS WEATHER RELATED MEDICAL CALLS - 200 400 600 800 1,000 1,200 Number of Calls FIRES HAZARDOUS CONDITION SERVICE CALL GOOD INTENT FALSE ALARMS WEATHER RELATED MEDICAL CALLS Call Breakdown 26 31 181 45 78 2 1,062 Call Breakdown 93 Dollar Loss from Fire . In 2014 the average Fire Loss statewide was $41,359 per 1000 people. For the City of St. Anthony that would be ~8300 population or expected loss of 8.3 X $41,350 = $343,280. Our actual loss for 2015 is about $255,000 or about 74% of the expected average loss based on population using 2014 state numbers. Fire Investigations Incident Damage House Fire $114,335 building, $50,000 contents Cause determined to be electrical fixture in ceiling of bathroom – electrical shorting. Vehicle Fire $20,000 Cause undetermined – presumed electrical. Arson ruled out. Vehicle a total loss. Kitchen Fire $17,000 appliance, carpeting, finishes Cause accidental – ream of paper left on stove that was on. Sprinkler extinguished fire. Trash Can Fire $35,000 Clean up and finish work due to smoke damage Cause carelessly discarded matches/wick in garbage can by juvenile. Outside Fire $14,500 Total loss on pool filter system, riding lawn mower, etc. Cause electrical short in operating pool pump. Fire caused damage to nearby shed and riding lawn mower. 94 Average Patient Age: 69.5 years Average Response Time: 2 minutes 24 seconds Operations Summary Training OSHA Mandate 24 hours annually SAFD average in 2015: 110.4 hours Department Wide: 2649 hours EMT, Live Fire, Vehicle Extrication, Hazmat, Weather Emergencies, Power lines, OSHA, NIMS, Physical Abilities Test, Water Rescue, Building Construction and Size-Ups 95 Fire Inspections General Fire Inspections: 238 Total Hours : 171 High Hazard Assembly General Business Apartments Pre-Planning Number # 2013 # 2014 # 2015 Inspection s 88 256 238 Time 2013 2014 2015 Staff Hrs. Inspections 66 214 171 Also documented in Image Trend are other Fire Code Activities . This includes things like correspondence, training, data entry, code research, and returning phone calls. Activity 2013 2014 2015 Staff Hrs Fire Marshal Duties 86.5 150 190 Training 86 Preplan Activities 14.5 4 85 Other Activities 45.5 85 Total 146.5 239 361 Fire Marshal Chris Fuller Fire Marshal Duties Total Hours: 361 Correspondence Training Code Research Plan Review Data Entry 96 Fire Prevention\Public Education 1,653 Members of the Public Received our Message 429 Hours Documented School Visits Open House CPR Severe Weather Fire Extinguishers First Aid Code Enforcement - Housing Vegetation 49% Misc. 7% Parking/Tabs 16% Signs 8% Structure/Yard Maint. 15% Garbage Cans 5% 97 Code Enforcement - Rental 190 Rental\Re-Inspections Rental Units Total Citywide: 1626 Single Family: 49 Duplex: 24 Triplex: 2 Condos: 10 Mobile Home: 2 Townhomes: 8 Apartment Complexes: 14 Outcomes 98 Committed to Serve Questions? 99 THIS PAGE LEFT INTENTIONALLY BLANK 100 2015 Annual Report Convenient Locations Silver Lake Village Store is located at 2602 39th Ave. Marketplace Store is located at 2700 Highway 88. 101 Mission Statement Our goal is to actively prevent the sale of beverages that contain alcohol to minors and intoxicated persons, while simultaneously generating revenue for the community, in accordance with all city, state and county liquor laws and ordinances. Vision Statement The St. Anthony Village Wine and Spirits brand is committed to providing a unique retail environment that is based on excellent customer service, product selection, competitive pricing, while providing safe, bright and clean stores that drive long term customer loyalty. 102 Our Profits are used for: Reducing the Property Tax Levy Providing Funds for Special Projects Providing Funds for Equipment Purchases for all City Departments The Value of Municipal Liquor Operation Revenue 2015 Sales Projection (August ‘15) SALES 2011 2012 2013 2014 JAN-JUN $3,206,023 46% $3,455,245 48% $3,226,704 46% $3,027,107 49% JUL-DEC $3,789,899 54% $3,689,380 52% $3,745,895 54% $3,109,215 51% TOTAL $6,995,922 $7,144,625 $6,972,599 $6,136,322 AVG 2015 $3,228,770 47% $2,741,792 49% $3,583,597 53% $2,853,702 51% $6,812,367 $5,595,494 JAN-JUN JUL-DEC TOTAL 2015 ACTUAL $2,741,792 46% $3,213,066 54% $5,954,858 (unaudited) 103 2015 Net Income Projection (August ‘15) NET INCOME 2011 2012 2013 2014 JAN-JUN $179,479 39% $246,714 47% $212,129 43% $136,716 52% JUL-DEC $282,556 61% $277,590 53% $278,267 57% $126,226 48% TOTAL $462,313 $529,273 $503,494 $262,943 AVG 2015 $193,759 45% $84,214 49% $241,160 55% $87,651 51% $434,919 $171,865 JAN-JUN JUL-DEC TOTAL 2015 ACTUAL $84,214 35% $156,853 65% $241,067 (unaudited) 2015 Monthly Sales Trend 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monthly Sales 2012 2013 2014 2015 104 5 Year Profit History $462,313 $529,273 $503,494 $262,943 $241,067 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 $500,000 $550,000 2011 2012 2013 2014 2015 10 Year Profit History 200,000 250,000 300,000 350,000 400,000 450,000 500,000 550,000 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 105 $1,740,247 30% $2,551,648 42% $1,487,487 25% Spirits Beer Mix & Misc. $175,476 3% Wine Sales by Category 23% 18.5% 30% Mix & Misc. 34% Beer Wine Spirits Gross Profit Percentage by Category 30% 34% 32% Mix & Misc. 4% Beer Wine Spirits Percentage of Gross Profit by Category Sales Comparisons and Benchmarks Turn Ratio = 6 Times Per Year Inventory Value = 14% of Total Sales Labor Cost = 11% of Total Sales Total Operating Expense of 19% Sales Per Square Foot = $650.00 Ranked 8th in the State in Total Sales Ranked 9th out of 19 in Metro Area in Net Profits 106 2015 Accomplishments Passed All Compliance Checks Completed Beverage Alcohol Certification Recycled 16 Tons of Cardboard Lillie Newspaper “Reader’s Choice Award” for “Best Beer Selection”. 2015 Accomplishments (cont.) Attended National Alcohol Beverage Control Association Conference Physical Inventory Counts (.004%) Attended Night to Unite Safety Inspections 107 2015 Events Beer Events at Marketplace throughout Summer Spring and Holiday Wine Events at Marketplace Multiple Samplings at Silver Lake Village Looking Ahead……2016 Credit Card Services to Accept EMV Technology Legislative Issues Sampling Events Facilities Assessment 108 Website: Monthly Specials Coupons Events Staff Bio’s Product Requests Customer Survey Contact Us Awards Facebook www.stanthonyvillagewineandspirits.com Entire report available on the city’s website at www.ci.saint-anthony.mn.us 109 THIS PAGE LEFT INTENTIONALLY BLANK 110 Date Type Staff Present March 22 Regular Public Works Annual Report Police Annual Report Finance Annual Report 2016 Street Project Call for Sale of Bonds City Council City Manager Public Works Director Police Dept Finance Director March 28 Special 5:30pm Joint meeting with Planning Commission City Council City Manager March 28 7:00 p.m.Worksession City Council City Manager March 29 Special 5:30 p.m.Joint Meeting with School Board City Council City Manager April 12 Regular Planning Commission Items from March 2016 Street Project Public Hearing on Tax Abatement Quarterly Donations & Grants City Council City Manager April 20 Special 6:30 pm Joint Meeting-Council, Planning, Dept Heads-Southern Gateway Redevelopment Study City Council City Manager Department Heads April 26 Regular Arbor Day Proclamation GreenCorp Presentation 1st Quarter Goals Update Public Hearing-Budget Calendar Commissioner Mary Jo McGuire City Council City Manager May 2 Special 5:30 p.m.Worksession City Council City Manager May 10 Regular Swear In new Police Officers Retiring Police Chief and Captain Presentation 2016 Street Project Bond Sale and Award of Bonds City Council City Manager Police Chief May 17 Special 4:00 pm Tour of the City City Council City Manager Department Heads May 24 Regular Salo Park Concert Series Insurance Renewal Tort Limits - Consent City Council City Manager Police Chief May 31 Special 5:30 p.m.Joint Meeting with School Board City Council City Manager May 31 Special 7:00 p.m.Worksession City Council City Manager FUTURE COUNCIL AGENDA ITEMS 2016 111 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS June 14 Regular Planning Commission Items from May Order Feasibility Report for 2017 Street Project City Council City Manager City Engineer June 28 Regular Audit Presentation Debt Levy Presentation City Council City Manager Finance Director July 12 Regular Planning Commission items from June Quarterly Donations & Grants Quarterly Goals Update VillageFest Presentation City Council City Manager July 26 Regular Night to Unite Presentation Night to Unite Proclamation City Council City Manager Police Chief August 1 Special 5:30 p.m.Worksession City Council City Manager August 2 Special Night to Unite City Council City Manager August 9 Regular Planning Commission items from July SANB #282 Presentation City Council City Manager August 23 Regular Budget Presentation Liquor Operations Mid-Year Report New Police Chief and Captain Presentation City Council City Manager Liquor Op Mgr Finance Director August 30 Special 5:30 p.m.Joint Meeting with School Board City Council City Manager August 30 Special 7:00 p.m.Worksession City Council City Manager September 13 Regular Planning Commission items from August 2017 Preliminary Operating Budget and Levy-Public Hearing 2017 Street Project Accept Feasiblity Report, Order Plans and Specifications City Council City Manager Finance Director September 27 Regular Fire Prevention Presentation Kiwanis Peanut Day City Council City Manager Fire Dept October 3 Special 5:30 p.m.Worksession City Council City Manager October 11 Regular Planning Commission items from September Quarterly Donations & Grants Certification of Delinquent Accounts City Council City Manager 112 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS October 25 Regular Quarterly Goals Update Ordinance Setting Fees for 2016 - 1st Reading-Public Hearing City Council City Manager October 31 Special 5:30 p.m.Worksession City Council City Manager November 8 Regular 2016 General Election City Council City Manager November 8 Regular 8:00 pm Ordinance Setting Water & Sewer Rates for 2017 - 1st Reading-Public Hearing City Council City Manager November 22 Regular Ordinance Setting Water & Sewer Rates for 2017 - 2nd Reading Fire Prevention Poster Winners Tree Care Ordinance City Council City Manager Finance Director Police Dept Fire Dept November 29 Special 5:30 p.m.Joint Meeting with School Board City Council City Manager November 29 Special 7:00 p.m.Worksession City Council City Manager December 13 Regular Planning Commission items from November Appoint Parks and Planning Commissioners and Chair/Vice Chairs Setting Salary of City Manager Authorizing Transfers & Closing of Specified Funds Setting the 2017 City & HRA Budgets and Final Property Tax Levy -Public Hearing Ordinance Setting the Water& Sewer Rates for 2017 - final reading 2017 Street Project Approve Plans & Specifications, Authorize Advertisement for Bids 2017 Fee Schedule City Council City Manager Finance Director December 27 Regular City Council City Manager January 10 Regular Swearing in new councilmembers Housekeeping Resolutions Resolution for the Street Improvement Bond Reimbursement Quarterly Donations & Grants City Council City Manager January 12 & 13 Special Goal Setting City Council City Manager Department Heads 2017 113 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS January 24 Regular 2017 Parks Commission Work Plan- (motion only) 2017 Planning Commission Work Plan-(motion only) Presentation-Northeast Youth and Family Services Northeast Youth and Family Services Agreement City Council City Manager February 14 Regular Planning Commission items from January Administration Annual Report 2017 Street Project Call for Hearing on Improvements, Call for Hearing on Assessments, Order Preparation of Assessments City Council City Manager City Engineer February 28 Regular City Council City Manager March 14 Regular Fire Relief Ratifying Pension Benefit Planning Commission Items from February Liquor Annual Report Fire Annual Report 2017 Street Project Public Hearing, Order Improvements, Adopt & Confirm Assessments, Award Contract for Construction, Call for Sale of GO Bonds 2017 Strategic Plan (motion only) Liquor License Renewals GreenCorp Member application-resolution City Council City Manager Fire Dept Liquor Op Manager Items Pending: ~ Worksessions 114