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HomeMy WebLinkAboutCC MINUTES 030820161 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 CITY OF ST. ANTHONY CITY COUNCIL REGULAR MEETING MINUTES MARCH 8, 2016 CALL TO ORDER. Mayor Faust called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE. Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. Present: Mayor Faust Councilmembers Brever, Gray, Jenson and Stille Absent: None Also Present: City Manager Mark Casey, City Engineer Todd Hubmer, Planning Commissioner Bob Foster, Fire Chief Mark Sitarz, and Liquor Operations Manager Mike Larson CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING ITEMS. I. APPROVAL OF THE MARCH 8, 2016, CITY COUNCIL MEETING AGENDA. Motion by Councilmember Gray, seconded by Councilmember Jenson to approve the City Council Meeting Agenda of March 8, 2016. Motion carried 5 -0. II. PROCLAMATIONS AND RECOGNITIONS - NONE III. CONSENT AGENDA A. Approval of February 9, 2016, City Council meeting minutes B. Licenses and Permits C. Claims D. Resolution 16 -024 a resolution approving Amended East Metro SWAT Joint Powers Agreement E. Accepting Fire Relief's Recommendation of No Change in Pension Benefit Motion by Councilmember Brever, seconded by Councilmember Gray, to approve the Consent Agenda items as presented. Motion carried 5 -0 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 City Council Regular Meeting Minutes March 8, 2016 Page 2 Mayor Faust opened the public hearing at 7:02 p.m. 4 City Engineer Todd Hubmer reviewed the resolution that states the Council has completed the 5 public hearing process and orders the project to be completed. The project location is Stinson 6 Boulevard NE from 37th Avenue NE to Silver Lane NE. For this project St. Anthony and 7 Columbia Heights will work together. The location was indicated on a map. Included in the 8 project are sanitary sewer improvements, water system improvements, drainage improvements 9 and street reconstruction. Mr. Hubmer reviewed some common concerns for projects such as this 10 project. The City has worked with area residents to address their concerns. The public hearing 11 and contract award will be held this evening. Construction is scheduled to begin in May 2016 12 with substantial completion done by October 2016. Final Paving will be done in June 2017. Mr. 13 Hubmer provided a Project Cost/Funding Breakdown showing the St. Anthony and Columbia 14 Heights portions. Funding sources include special assessment, 429 Public and Improvement 15 Bond. Municipal State Aid (MSA) fund balance owed to City for future projects will increase. 16 Mr. Hubmer reviewed the assessment calculations under City Policy for Street and Local 17 Drainage Improvements and the method for determining front footage. Mr. Hubmer showed on a 18 map the properties that will be assessed. 19 20 Mr. Hubmer stated the assessment process has changed slightly and one -time assessment notice 21 will be sent in May 2016. There are three options available for payment with deadlines for each. 22 Assessment Payback Tables were provided for R -3, and R -4 and Commercial. 23 24 Mayor Faust asked for clarification on decorative lights and asked if Columbia Heights changed 25 their mind on the lighting. Mr. Hubmer stated they will use the same lighting as St. Anthony. 26 Mayor Faust asked if a tree is moved and becomes damaged what would happen and Mr. 27 Hubmer stated they would be replaced. 28 29 Mr. Terry Luvison, 3913 Stinson Blvd, stated this is the first meeting he has been to. He thought 30 the sidewalk was going to be paid for by a Federal Grant. He thinks the balance should be paid 31 by St. Anthony as they already have sidewalks as they are used by others outside their immediate 32 community. He would like to see the location of the sidewalk in regards to the curbing. Mr. 33 Luvison also asked if the utility poles would be removed and putting the utility lines 34 underground. Mr. Hubmer stated the sidewalk is not being assessed to the property owners. 35 The cost for underground utilities was evaluated and found to be very expensive at this time. 36 Some of the utility poles will be moved. The street is going from 42 feet wide to 37 feet wide, 37 which will allow room for sidewalks. The sidewalk will be closer to the street. 38 39 Mayor Faust closed the public hearing at 7:21 p.m. 40 41 Councilmember Stille asked for clarification on whether there is a grant to pay toward the 42 sidewalk and Mr. Hubmer stated there is. 43 44 Motion by Councilmember Brever, seconded by Councilmember Gray, to =rove Resolution 45 16 -025 a Resolution Ordering Improvements for the 2016 Street and Utility Improvements. 46 47 Motion carried 5 -0 48 City Council Regular Meeting Minutes March 8, 2016 Page 3 B. Resolution 16 -026 a Resolution Adopting and Confirming Assessments for the 2016 Street and Utility Improvements, Todd Hubmer, CitesEngineer 4 City Engineer Hubmer reviewed the assessments that have been calculated in accordance with 5 the City's street assessment policy for the 2016 Street and Utility Improvement Project. This 6 resolution declares the amount to be assessed at $303,463.99 and outlines the assessment process 7 in accordance with Minnesota Statutes Chapter 429. 9 Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution 10 16 -026 a Resolution Adopting and Confirming Assessments for the 2016 Street and Utility 11 Improvements. 12 13 Motion carried 5 -0 14 15 V. REPORTS FROM COMMISSION AND STAFF 16 17 A. Resolution 16 -027 a resolution accepting Findings indings from the Study for the Purpose of 18 Considering Amendments to the City Zoning Code Regarding the Regulation of Medical 19 Cannabis Manufacturers and Cannabis Facilities, Bob Foster, Planning Commissioner 20 21 Planning Commissioner Bob Foster reviewed the legalization of medical cannabis by the State of 22 Minnesota, and the City of St. Anthony Village moratorium enacted on February 24, 2015 23 prohibiting medical cannabis manufacturers and cannabis facilities within the city. The interim 24 ordinance directed the city to conduct a detailed study investigating the necessity of a Zoning 25 Code update and any prerequisites or considerations prior to an amendment of the City Code 26 regulating medical cannabis manufacturers and facilities. Mr. Foster reviewed the power point 27 presentation summarizing the study. 28 29 The City's completed study includes a review of the Minnesota state statute that prompted this 30 investigation as well as an overview of Federal cannabis law. Following an analysis of medical 31 cannabis within the context of existing City Zoning Code and the finding that significant land 32 uses within St. Anthony would be sensitive to medical cannabis manufacturing or dispensary as 33 well as the potential for emergent public safety concerns, the study recommends prohibiting all 34 cannabis facilities in the City. The full text of the study was provided for Council review. 35 36 The proposed resolution would implement the recommendation of this study. Staff recommends 37 approval of the resolution amending Sections 152.008 and 152.188 of City Code to prohibit 38 medical cannabis facilities in all City districts. The Planning Commission held a public hearing 39 on February 22, 2016, no one appeared to address the Commission, and forwarded the resolution 40 to City Council with no recommendation. Mr. Foster stated the Planning Commission was not 41 able to reach a consensus on the three potential actions proposed by staff. The State of Minnesota 42 has approved this use and also limited the number of facilities in the State. The number of 43 facilities are already located in other communities. Another concern was that this is a legal use 44 in the State of Minnesota and if the City of St. Anthony were to have a general prohibition 45 against the use it would need legal justification. The report stated that a blanket prohibition has 46 not been done in other cities. A buffer area has been implemented to include schools, day cares, 47 etc. The Planning Commission felt it may be better for the City of St. Anthony to create a buffer, 48 which would provide a very limited area a facility could be placed. City Council Regular Meeting Minutes March 8, 2016 Page 4 Mayor Faust stated he appreciates the due diligence done on this matter. Although there is not a problem today, the City would be trying to prevent any problem in the future. The Council wants to become proactive with the legislation. A facility in the City may cause some public safety concerns in the future. There are other Cities in the State that have prohibited an ordinance. Mr. Foster stated the City of Bloomington adopted licensing requirements for Cannabis facilities and he read the requirements. The Planning Commission suggested the use of buffers. 9 Councilmember Stille stated once a problem exists, the solution cannot be implemented. He does 10 not agree with a buffer system because if a daycare were to move then the Council would need to 11 react. Five years from now the legislature may decide they want another facility and St. Anthony 12 could be that location. It would be most prudent to disallow the facilities within the City. City 13 Manager Casey stated the City Attorney stated the study provided the findings for not allowing a 14 facility within the City. 15 16 Councilmember Stille noted this does not prohibit the use of medical cannabis within the City by 17 those needing it. 18 19 Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve Resolution 20 No 16 -027 accepting findings from a study for the p=ose of considering amendments to the 21 City Zoning Code regarding the regulation of medical cannabis manufacturers and cannabis 22 facilities and adopting a text amendment to the zoning code to implement option 3 outlined in 23 said study. 24 25 Motion carried 5 -0 26 27 B. Ordinance 2016 -01 an ordinance Amending Chapter 152.008 and Chapter 152.188 28 pertaining to Cannabis (Marijuana) Facilities, Mark Casey City Manager 29 30 City Manager Casey reviewed following the adoption of Resolution 16 -027 accepting Findings 31 from the Study for the Purpose of Considering Amendments to the City Zoning Code regarding 32 the Regulation of Medical Cannabis Manufacturers and Cannabis Facilities, this is an Ordinance 33 to amend sections of the City Code pertaining to Medical Cannabis Facilities. 34 35 Motion by Councilmember Jenson, seconded by Councilmember Brever, to adopt an Ordinance 36 amending Section 152.008 definitions to add definition on Cannabis Facility (aka Marijuan a 37 dispensary) and adding section 152.188 Cannabis Facilities (aka Marijuana dispensary), to 38 Prohibit such Facilities in all Districts. 39 40 Motion carried 5 -0 41 42 VI. GENERAL BUSINESS OF COUNCIL 43 44 A. Resolution 16 -028 a resolution Awarding a Bid for the 2016 Street and Utility 45 Improvements. Todd Hubmer, City Engineer 46 47 City Engineer Todd Hubmer reviewed this resolution awards the contract for the 2016 street 48 reconstruction project to the lowest bidder. Five bids were received for this project. A tabulation City Council Regular Meeting Minutes March 8, 2016 Page 5 of these bidders, as well as the low bidder of R.L. Larson Excavating, Inc. with a bid amount of $2,060,276.95. Mayor Faust asked if R.L. Larson has been used before the Mr. Hubmer stated they did last year's project. 7 Motion by Councilmember Gray, seconded by Councilmember Brever, to approve Resolution 8 16 -028 a resolution awardinc a Bid for the 2016 Street and Utility Improvements. 9 10 Motion carried 5 -0 11 12 B. Resolution 16 -029 a resolution Authorizing Participation in the 2016 — 2017 GreenCorp 13 Program 14 15 City Manager Casey reviewed a resolution to authorize staff submitting an application to be a 16 GreenCorp host site for the 2016 -2017 program year. Minnesota GreenCorp is an AmeriCorp 17 Program coordinated by the Minnesota Pollution Control Agency (MPCA). The goal of MN 18 GreenCorp is to preserve and protect Minnesota's environment while training a new generation 19 of environmental professionals. 20 21 The City of St. Anthony applied and was awarded a GreenCorp member for the 2012 -2013 and 22 2015 -2016 program years. With the assistance of the GreenCorp member, the City has 23 established several sustainable programs that will continue to benefit the City for many years to 24 come. The GreenCorp member would be compensated by the MPCA and St. Anthony would be 25 responsible for supervision and office space. This year the City is working with the Mississippi 26 Watershed Management Organization as a joint application to share this position between both 27 organizations. 28 29 Mayor Faust stated the current GreenCorp member has written and has received three grants for 30 the City. 31 32 Motion by Councilmember Brever, seconded by Councilmember Gray, to approve Resolution 33 16 -029 a resolution authorizing Participation in the 2016 -2017 GreenCorps Program. 34 35 Motion carried 5 -0 36 37 C. 2016 Strate ig c Plan 38 39 City Manager Casey reviewed the 2016 Strategic Plan is before Council this evening. On 40 January 14 -15, 2016, City Council, department heads, chairs of both the Planning and Parks 41 Commissions, consultants and special guests joined together to collaboratively create goals and 42 the strategic plan for the City of St. Anthony for 2016. Prior to creating goals for 2016, the group 43 reviewed and discussed: the City of St. Anthony's 2015 Goals and Accomplishments, 2018 44 Comprehensive Plan background information, long -term vision/priorities, emerging issues, and 45 strengths and opportunities. The Strategic Plan outlines the collaborative process that the group 46 followed to develop the 2016 Pyramid for the City of St. Anthony. The plan is available on the 47 website and also copies are available at City Hall. Mayor Faust stated he is thankful for the City Council Regular Meeting Minutes March 8, 2016 Page 6 Councilmembers and others who take two days off from their day jobs to come together to develop the Strategic Plan for the City. Motion by Councilmember Gray. seconded by Councilmember Brever, to approve the 2016 Strategic Plan. Motion carried -0 9 D. St. Anthony Fire Department Annual Report 10 I 1 Fire Chief Mark Sitarz reviewed a power point presentation of the St. Anthony Fire Department 12 2015 Annual Report. The summary included review of the Fire Department Divisions and a chart 13 showing all members of the Department. In 2015 there was a 58% increase (1425), from 2001, in 14 total calls for service with 74% being medical calls and 26% fire /other. Fire Chief Sitarz 15 reviewed the fire investigations that took place. The average patient age for calls was 69.5 years 16 with an average response time of 2 minutes 24 seconds. 17 18 Training for the Department consisted of OSHA mandated 24 hour annual training, 110.4 hours 19 for SAFD, and Department wide training totaled 2649 hours. A total of 238 general fire 20 inspections were done for a total of 171 hours. 429 hours of fire prevention/public education 21 training were documented. In 2015 1,653 members of the public received the Fire Department's 22 message. 23 24 Fire Chief Sitarz reviewed Code Enforcement — Housing code violation complaints and rental 25 code enforcement inspections. The outcomes were reviewed. 26 27 Mayor Faust thanked Fire Chief Sitarz for his presentation. Councilmember Jenson stated the 28 outcome of saving the life of the individual who came to a Council meeting is wonderful. The 29 response time is phenomenal. Mayor Faust stated the 2015 Fire Department report is available 30 on the website. 31 32 E. St. Anthony Liquor Department Annual Report 33 34 Liquor Operations Manager Mike Larson reviewed the 2015 St. Anthony Village Liquor 35 Operations Annual Report. There are two locations — Silver Lake Village and Marketplace Store. 36 Mr. Larson reviewed the Mission Statement and Vision Statements. The profits from the 37 Municipal Liquor Operation revenue are used for reducing property tax levy, Providing funds for 38 special projects, and providing funds for equipment purchased for all city departments. 100% of 39 the profits go back to the community. Mr. Larson reviewed the financials including sales 40 projection, net income projection, monthly sales trends, profit history, and comparisons and 41 benchmarks. 42 43 Mr. Larson reviewed the 2015 accomplishments and events that were held as well as plans for 44 the future. He thanked all the departments of the City for their support to the Liquor Operations. 45 Mr. Larson encouraged residents to utilize their website. The Liquor Operations Annual Report 46 will be available on the City's website. 47 City Council Regular Meeting Minutes March 8, 2016 Page 7 Councilmember Stille stated the net income is great and he is excited to see the trends and if this trend continues it will continue to be a viable operation. Councilmember Gray stated it has been difficult the past couple of years and he stated Mr. Larson remained positive and that affected the employees in the two stores. 7 Mayor Faust stated the annual report is much more in- depth. 2400 hours have been reduced but 8 the positive attitude continues. Mayor Faust noted Mr. Larson was selected to represent the State 9 of Minnesota at the National Alcohol Beverage Control Association Conference. Mayor Faust 10 thanked Mr. Larson and his staff for their hard work. 11 12 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 City Manager Casey stated last Thursday the Police Department held their annual Cops vs Kids Basketball Game and 13 officers donated their time this year. Approximately 150 kids participated. He thanked Connie Bergowitz who worked with John Ohl to organize the event. Councilmember Gray had nothing to report. Councilmember Brever had nothing to report. Councilmember Jenson had nothing to report. Councilmember Stille stated on February 22, Councilmember Brever and he attended the Planning Commission Comprehensive Plan Meeting. On March 7, there was a joint meeting with the Park Commission and Council to present goals. Mayor Faust stated the entire Council attended the March 7 work session with the Park Commission. Earlier today (March 8) he had a meeting with the Mississippi Watershed Management Organization where a report was given on the St. Anthony Regional Treatment Research Center, which should be fully operational by the spring. VIII. COMMUNITY FORUM - NONE IX. INFORMATION AND ANNOUNCEMENTS - NONE X. ADJOURNMENT. Mayor Faust adjourned the meeting at 8:20 p.m. Respectfully submitted, Debbie Wolfe TimeSaver Off Site Secretarial, Inc. ATTEST: jlzU City Jerk Mayor _ _