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HomeMy WebLinkAboutCC PACKET 09272016 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 September 27, 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 September 13, 2016, City Council meeting minutes. (pp.1-10) B. Approval of September 8, 2016, Special City Council meeting minutes. (pp.11-13) C. Licenses and Permits. (pp.15) D. Claims. (pp.17-19) E. Resolution 16-068 a resolution Authorizing the Mayor and City Manager to Execute the Agreement between Hennepin County and the City of St. Anthony for Road Maintenance Services. (pp.21-37) IV. Public Hearing. V. Reports from Commission and Staff. VI. General Business of Council. A. Fire Prevention Presentation. Chris Fuller & Mattie Jaros St. Anthony Fire Department presenting. (pp.39-41) B. Resolution 16-069 a resolution Authorizing the Mutual Aid Agreement to Provide for the Automatic Dispatch of the Closest Emergency Response Unit Regardless of Jurisdictional Boundaries. Mark Sitarz, Fire Chief presenting. (pp.43-51) C. Resolution 16-070 a resolution for the Establishment of a Workgroup to Make Recommendations for Police Department Policies on Officer Worn Body Cameras. Jerry Faust, Mayor presenting. (pp.53-54) D. Proposed Planning Work Group for an Initiative on Institutional Racial Bias in Policing. Jerry Faust, Mayor presenting. (pp.55-56) CITY OF ST. ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA SEPTEMBER 27, 2016 7:00 p.m. Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure. VII. Reports from City Manager and Council members. VIII. 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. IX. Information and Announcements X. Adjournment. CITY OF ST. ANTHONY 1 CITY COUNCIL REGULAR MEETING MINUTES 2 SEPTEMBER 13, 2016 3 4 CALL TO ORDER. 5 6 Mayor Faust called the meeting to order at 7:00 p.m. 7 8 PLEDGE OF ALLEGIANCE. 9 10 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 11 12 Present: Mayor Faust Councilmembers Gray, Jenson, and Stille 13 Absent: Councilmember Brever 14 Also Present: City Manager Mark Casey, City Engineer Todd Hubmer, and Finance Director Shelly 15 Rueckert 16 17 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 18 ITEMS. 19 20 I. APPROVAL OF THE SEPTEMBER 13, 2016, CITY COUNCIL MEETING AGENDA. 21 22 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve the City 23 Council Meeting Agenda of September 13, 2016. 24 25 Motion carried 4-0. 26 27 II. PROCLAMATIONS AND RECOGNITIONS 28 29 A. Presentation by Tom Miller, St. Anthony Kiwanis 30 31 Mr. Tom Miller and Mr. Jack Keifner, St. Anthony Kiwanis, thanked St. Anthony residents and 32 businesses for their support throughout the year. This will be the 45th year of Annual Peanut Day 33 in St. Anthony. They support area schools with the proceeds from the sale. 34 35 B. Proclamation for St. Anthony Peanut Day Friday, September 23, 2016 36 37 Councilmember Jenson read the proclamation proclaiming Friday, September 23, 2016 as St. 38 Anthony Kiwanis Peanut Day. 39 40 III. CONSENT AGENDA. 41 42 A. Approval of August 23, 2016, City Council meeting minutes 43 B. Licenses and Permits 44 C. Claims 45 46 Motion by Councilmember Stille, seconded by Councilmember Jenson, to approve the Consent 47 Agenda items as presented. 48 49 Motion carried 4-0. 50 1 1 IV. PUBLIC HEARING 2 3 A. Resolution 16-064 a Resolution Setting the Proposed 2017 Tax Levy and General 4 Operating Budget for the City of St. Anthony Village 5 6 Mayor Faust opened the public hearing at 7:06 p.m. 7 8 Finance Director Shelly Rueckert reported at the August 23, 2016 City Council Meeting, the 9 proposed 2017 General Fund Operating Budget and 2017 Overall levy were presented and the 10 public hearing was held April 26, 2016 for public input on the budget process. City Staff is 11 affirming the proposed 2017 overall levy of $6,450,785, which represents an increase of 12 $399,973 or a 6.61% increase from 2016. Ms. Rueckert summarized the drivers associated with 13 the proposed 5.56% increase in the General Fund Levy include: 14 • Personnel costs – 72% of expenditures, overall costs up $110,148 or 2.22% 15 • Contracted services – 8% of expenditures, overall increase $108,369 16 • Other Insurance costs – 4% of expenditures, overall costs up $12,017 or 4.94% 17 • Pass through costs – 4% of expenditures, costs down $44,114 or 13.63% in turn revenues 18 down equal amount 19 • Remaining budget line items – 12% of expenditures, net costs down $20,136 or 2.16% 20 • Revenues reductions substantially due to tax increment collections and fund transfers 21 combined for $44,780 22 23 Ms. Rueckert reviewed the HRA Budget and Levy contains cost drivers similar to the general 24 fund. The proposed Levy increase for the HRA is 12.58 or $17,630 which is the maximum levy 25 allowed. The 2017 Debt Related Levies are proposed to increase by $42,010. The 2017 Capital 26 Improvement Fund Levy is proposed to increase by $152,210. The portion of this increase 27 related to the 2015 phase in plan to rebase liquor transfers is $77,210. The additional $75,000 28 increase is to provide funding needed to replace daily operating equipment as its useful life 29 expires. 30 31 Ms. Rueckert reported the issuance of debt/levy impact included Issuance 2016A Street 32 Improvement Bond totaling $1,455,000, Issuance of 2016B Tax Abatement Bond Totaling 33 $1,455,000 and noted the 2016 average homeowner paid $487.30. The impact of the Debt Levy 34 Relief Program amounts to a 0.69% increase and without the Debt Levy Relief Program it would 35 be a 6.68% increase. 36 37 Ms. Rueckert summarized the final presentation of the 2017 Budget and Property Tax Levy is 38 scheduled for the December 13, 2016 Council Meeting and at that meeting, a recap of the 2017 39 Budget and the impact of the 2017 Property Tax Levy will be presented. Through 40 Grants/Donations Partnerships, the City has received $19,885,190 since 1999. 41 42 There were no questions from the Council. 43 44 Mayor Faust closed the public hearing at 7:16 p.m. 45 46 2 Motion by Councilmember Jenson, seconded by Councilmember Stille, to approve Resolution 1 16-064; a Resolution Setting the Proposed 2017 Tax Levy and General Operating Budget for the 2 City of St. Anthony Village. 3 4 Motion carried 4-0 5 6 B. Resolution 16-065 a Resolution Accepting Part 2 of the City of St. Anthony Wellhead 7 Protection Plan Amendment for Submission to the Minnesota Department of Health 8 9 Mayor Faust opened the public hearing at 7:16 p.m. 10 11 City Engineer Todd Hubmer reviewed the City of St. Anthony Village has completed developing 12 its Wellhead Protection (WHP) plan pursuant to the requirements of Minnesota Rules. The WHP 13 plan is comprised of a collaboration of the results generated in Part I and other items such as land 14 use, utilities, water quantity, and water quality. Mr. Hubmer reviewed the Part I Results. The 15 Part 2 plan is a management strategy to protect the drinking water supply management area. Mr. 16 Hubmer reviewed the Part 2 Scope, Plan of Action and Goals. Mr. Hubmer noted the next steps 17 stating: 18 1. City Council Accepts Plan for Submitting to MDH 19 2. Submit Plan to MDH for Final approval 20 3. Formal Adoption of Plan by MDH 21 4. Implement the Plan of Action 22 23 The MDH Evaluation is done every 2½ years and the WHP Plan Amendment is done every 10 24 years. City Engineer Hubmer reviewed the three options available to the City Council: 25 1. Approve the resolution accepting the WHP Plan for submission to the Minnesota 26 Department of Health 27 2. Request revisions to be made to the WHP Plan 28 3. Take no action on this item at this time. 29 30 City Engineer Hubmer summarized staff recommendation is for Council to approve the 31 Resolution accepting Part 2 of the City of St. Anthony Village WHP Plan for submission to the 32 Minnesota Department of Health. 33 34 Councilmember Stille asked if the City’s well inventory included any non-City wells and Mr. 35 Hubmer stated an inventory was done of all wells within the City. 36 37 Mayor Faust closed the public hearing at 7:25 p.m. 38 39 Motion by Councilmember Gray, seconded by Councilmember Jenson, to approve Resolution 40 16-065; a Resolution Accepting Part 2 of the City of St. Anthony Wellhead Projection Plan 41 Amendment for Submission to the Minnesota Department of Health. 42 43 Motion carried 4-0 44 45 Mr. Hubmer introduced Anika Munkle, a member of the team who completed the Part I and Part 46 II. 47 48 3 V. REPORTS FROM COMMISSION AND STAFF - NONE 1 2 VI. GENERAL BUSINESS OF COUNCIL 3 4 A. Resolution 16-066 a Resolution Ratifying First Amendment to Litigation Settlement 5 Agreement and Pierringer Release by and Between the City of St. Anthony and the 6 United States of America. 7 8 City Manager Mark Casey reviewed this is a Resolution to adopt a First Amendment to the 1989 9 Settlement Agreement between the City and the Army related to the Twin Cities Army 10 Ammunition Plant (“TCAAP”), and authorizing the Mayor to execute the First Amendment on 11 behalf of the City. The City and Army have been negotiating potential resolution of claims since 12 the contaminant 1, 4 Dioxane was discovered in the Jordan and Prairie du Chien aquifers in the 13 spring of 2015. City Staff and the Army have reached an agreement on further payments by the 14 Army to fund additional treatment of groundwater. The TCAAP agreement funded construction 15 of the City’s existing carbon filtration system, which treats tetrachloroethylene (TCE) originating 16 from TCAAP. Carbon filtration cannot treat 1,4 Dioxane. Testing has been done and no tap 17 water within the City has exceeded the allowable limits. 18 19 City Manager Casey stated the TCAAP Agreement reserved the City’s rights to bring additional 20 claims to new capital projects (but not operating expenses) necessary to treat contaminants not 21 discovered as of the 1989 settlement. All parties agree that 1,4 Dioxane is a newly-discovered 22 contaminant, and the City and Army have been negotiating potential resolutions since the 23 discovery. The First Amendment will provide $10,565,317 to the City in a lump sum payment. 24 The payment reflects the following components: 25 • 100% of the presently-estimated capital costs of the ultraviolet-oxidation treatment 26 system described to the City in the December 2015 Feasibility Study; 27 • A 20% contingency on the estimated capital costs to reflect future expense uncertainties 28 in construction the treatment system; 29 • 100% of the City’s staff, administrative, engineering, testing and legal costs incurred 30 through June 2016; 31 • 100% of the costs of installing variable pumps to efficiently blend groundwater until the 32 new treatment system comes on-line; and 33 • Costs associated with lost water revenues arising from the irrigation ban and interim lost 34 use of the City splash decks. 35 36 City Manager Casey explained that in exchange for the settlement payment, the City will release 37 the Army from all claims related to 1,4 Dioxane that comes from TCAAP. The City reserves all 38 its rights regarding other possible contaminants and for 1,4 Dioxane from other possible sources. 39 40 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Resolution 16-41 066; a Resolution authorizing the Mayor of St. Anthony Village to execute an Amended 42 Settlement Agreement with the United States Army to Resolve Claims for 1,4 Dioxane Dioxane 43 Contamination Emanating from the Twin Cities Army Ammunition Plant. 44 45 4 Councilmember Jenson noted this action was identified in February/March of last year. Since 1 that time a team of the City Manager, City Engineer, City Attorney and the Army came up with a 2 solution. 3 4 Councilmember Stille commended the City Manager and City Engineer for negotiating with the 5 Army, noting residents have been very understanding and should also be commended. 6 7 Motion carried 4-0 8 9 B. Resolution 16-067 a Resolution Awarding a Bid for the Advanced Oxidation Process 10 Water Treatment Plant and Appurtenant Work including the Rehabilitation of the Ground 11 Storage Reservoir. 12 13 City Engineer Todd Hubmer also commended Finance Director Rueckert for pulling together all 14 the numbers for the negotiations. 15 16 City Engineer Hubmer reviewed bids were received on August 17, 2016 and were opened and 17 read aloud. Three bids were received. The base bid amounts ranged from $6,267,000 to 18 $6,385,900 and the Engineer’s Construction Cost Estimate was $7,060,000 without a 19 contingency and $8,472,000 with a 20% contingency included. Included in the Bid Form were 20 seven bid options as follows: 21 1A Rehabilitate the 2 MG ground storage reservoir with a green roof 22 1B Rehabilitate the 2MG ground storage reservoir with a painted roof in lieu of a green roof 23 2 Provide a pressure transducer inside existing ground storage reservoir valve vault 24 3 Provide a pressure transducer/manhole for the water tower 25 4 Provide fire hydrant on the south side of the existing GAC building 26 5 Provide canopies on existing WTP buildings to match canopies on AOP building 27 6 Investigate, seal, and abandon Well No. 2 inside the booster station per MDH 28 requirements 29 30 City Engineer Hubmer summarized what 1,4 Dioxane is. He indicated the City well locations on 31 a map and provided a graph of the dioxane sampling results. The options to address Dioxane 32 include: Option 1 – Blend City wells; Option 2 – Construct deeper Mount-Simon Hinckley wells; 33 Option 3 – Purchase water from Minneapolis; Option 4 – Purchase water from St. Paul Regional 34 Water Services; or, Option 5 – Implement treatment for Dioxane. Mr. Hubmer stated Option 5 35 was selected by Council and recommended by City Staff. He reviewed the results of utilizing 36 Option 5 and provided a drawing of the treatment plant expansion. 37 38 City Engineer Hubmer summarized the staff recommendation to accept Bid Options 1B, 2, 3, 39 and 6. If these options are selected the low bidder is Gridor Construction, Inc. who meets the 40 Minimum Contractor Qualifications that were specified for this project. Gridor Construction’s 41 primary business focus is the construction of water and wastewater treatment facilities and staff 42 has previous experience working with Gridor Construction. Gridor Construction’s base bid plus 43 bid option No. 1B, 2, 3, and 6 is $6,614,700. Construction will begin in September 2016 with 44 start-up anticipated for July/August 2017. 45 46 Councilmember Stille asked about the builder and their experience in this type of project. Mr. 47 Hubmer stated Gridor Construction specializes in water and wastewater treatment facilities. 48 5 1 Motion by Councilmember Stille, seconded by Councilmember Gray, to approve Resolution 16-2 067; a Resolution Awarding a Bid for the Advanced Oxidation Process Water Treatment Plant 3 and Appurtenant Work including the Rehabilitation of the Ground Storage Reservoir to Gridor 4 Construction for $6,614,700 5 6 Mayor Faust commended City Engineer Hubmer for his work on this solution. 7 8 Motion carried 4-0 9 10 C. Request to Create a Collaborative Work Group to Conduct a Formal Racial Bias 11 Assessment of Policing by the St. Anthony Police Department and the City of St. 12 Anthony 13 14 City Manager Casey reviewed a letter dated September 7, 2016 received from Kristine Lizdas, 15 J.D. requesting the creation of a Collaborative Work Group. The letter was also signed by 42 16 others. 17 18 Ms. Kristine Lizdas, J.D., 3013 Townview Avenue, thanked the Council for giving her the 19 opportunity to speak and a positive civic engagement response. She reviewed the reason for the 20 letter. She had heard about task force discussions held by Falcon Heights City Council. They 21 have some concerns with the Tri-City Task Force. The group (Ms. Lizdas and the 42 others that 22 signed the letter) are in support of the creation of a collaborative Work Group tasked with 23 conducting a formal racial bias assessment of policing by the St. Anthony Police Department and 24 the City of St. Anthony. This Work Group would consist of representatives from the St. Anthony 25 Police Department, including the Chief; the City Administrators and/or Managers of St. 26 Anthony, Lauderdale and Falcon Heights; as well as residents, business owners, and other 27 substantially invested individuals from the three cities. The Work Group would consult with non-28 governmental organizations experienced in conducting racial bias assessments of public 29 institutions and avail itself of existing tools and processes for identifying and mitigating racial 30 bias in said institutions. 31 32 It was noted the letter suggested the first activity would be for the proposed Work Group to take 33 part in a six-month intensive assessment of the St. Anthony Police Department. Some data has 34 already been requested by residents of St. Anthony, and Work Group members would have full 35 access to the St. Anthony Police Department’s Standard Operating Procedures and policies, 36 including insurance policies and relevant City contracts. Work Group members would be 37 provided access to Police Department staff and relevant City staff/officials for interviews and 38 shadowing opportunities. 39 40 The letter continued the second activity would involve the analysis of the data collected over the 41 six-month period. The Work Group members, including the St. Anthony Chief, other officers of 42 various ranks, and City staff would participate in collaborative work sessions in which the Group 43 would map the working of the St. Anthony Police Department, identifying the points at which 44 racial bias manifests in the operations of the police department – such as through formal and 45 informal routines, department priorities, funding pressures, worksheets and forms, insurance 46 mandates, or state law. 47 48 6 Ms. Lizdas reviewed the question is not whether or not there is racial bias within the City of St. 1 Anthony. The final activity would be for the Work Group to develop, collaboratively, a Blueprint 2 for moving forward, which would include new forms, procedures, supervisory practices, etc. as 3 well as articulated short- and long-term goals for the Department and the three cities. The Work 4 Group members would commit to oversee implementation and long-term oversight of 5 implementation efforts, making adjustments to the blueprint as needed. The ultimate goal of the 6 collaborative Work Group is to create a model comprehensive law enforcement and municipal 7 response to racial bias that would be shared with communities around the country. Ms. Lizdas 8 stated the Police Chief must take a strong leadership role in this Work Group. 9 10 Ms. Jennifer McGuire, 3408 31st Avenue, stated she is in support of the proposal. She distributed 11 her written statement and reviewed the results of her research. She proposed a small work group 12 be established as soon as possible to decide who should be on the larger Work Group. She 13 offered to participate in the smaller work group. 14 15 Ms. Nancy Robinett, 3408 31st Avenue, stated she is a member of St. Anthony Villagers for 16 Community Action (SAVCA). Ms. Robinett summarized the concerns of the SAVCA and stated 17 it is supportive of the St. Anthony Police Department but concerned with the service provided to 18 others. The SAVCA wants the police to be better. Ms. Robinett opined there have been many 19 examples of racial profiling noted at previous Council Meetings. She agrees a smaller work 20 group should be formed to come back with a preliminary plan. Ms. Robinett stated training is 21 desired and needed by the St. Anthony Police Department and support and buy-in from the 22 Police Chief and City Council are needed for the assessment to be successful. The Work Group 23 members should not be finalized this evening. Ms. Robinett suggested Ms. Kristine Lizdas 24 spearhead the preliminary smaller work group. 25 26 Mr. Jake Latter, Minneapolis, stated he would speak frankly and organically. He noted the 27 cameras in the chambers and stated he has been watching the eyes of the Council this evening 28 with the black members of the audience present. Mr. Latter stated this affects a lot of different 29 people and a teacher from Philadelphia wants to come to Minnesota. He noted Ms. Lizdas has 30 suggested a plan and if the Council does not agree, they should not be in a government position. 31 He believed more must be done, not enough is being done, and the Council has a capability of 32 righting a wrong. 33 34 Mr. Paul Verrette, 3625 Coolidge Street NE, stated he is in support of the proposal and pleased 35 with having this on the Council agenda this evening. He stated this is a good time for St. 36 Anthony to step up, some good work can be done together, and the assessment results can be 37 used by other cities. 38 39 A St. Paul resident, thanked the Council for this being on the agenda and stated he in is full 40 support of this idea and would personally like to resolve some of the issues in the Police 41 Departments in any city or state. He stated the Council of Falcon Heights did not have the 42 appropriate data. The number of people murdered by Police is 483 justifiable shootings. 1,419 43 shootings occurred. He believed there is a large number of people of color in those NON-44 justifiable shootings. He provided comparison statistics to other countries, stating the St. 45 Anthony Police Department has murdered one person. He felt community outrage is not desired 46 in any City by officials or residents, noting while having a conversation with an officer about the 47 7 safety of pedestrians protesting, the officer had his hand on his gun. A photograph depicting that 1 was taken. He asked the Council to take this matter seriously. 2 3 Mr. John Thompson stated he was a co-worker and good friend of Philandro. He gave his 4 condolences to Councilmember Brever on her loss. Mr. Thompson stated he lost his mother this 5 morning but he came here for Philandro as the conversation needs to get started and the Police 6 Chief should be present to hear the comments. He stated he is in fear of his life if he sees a police 7 car behind him with flashing lights. He would rather be pulled over by the St. Paul Police 8 Department. Mr. Thompson believed it is well known in the black community not to travel on 9 that portion of Larpenteur. He felt this police problem has been going on for a long time and the 10 problem should be fixed for the children. He wanted the Council’s support of this proposal and 11 if it needs to be tweaked, to make recommendations to tweak it. 12 13 A St. Paul resident, stated he hopes the Council takes notice of this step in the future for the 14 community. He suggested Council speak with the community. 15 16 Mayor Faust stated the Council appreciates all the comments. He explained this is a multi-prong 17 function. First, the City Manager and he will meet with the various groups. A Work Group will 18 be presented at the next Council Meeting that will include Falcon Heights and Lauderdale. 19 Mayor Faust stated some people need to be brought in that may have a different perspective. City 20 Manager Casey suggested Kristine and a small group sit down for a discussion. Mayor Faust 21 stated the entire letter is available on the website and the Council hears what is being stated. He 22 indicated this issue will not be dropped regardless of the outcome of the court case. Mayor Faust 23 stated he wants to do it right the first time and is grateful for the respect the groups have shown 24 to Council. 25 26 An unidentified speaker asked if the Work Group will be formed. Mayor Faust stated he will do 27 it as a Work Group with the cities to initiate this, noting there may be many different work 28 groups. 29 30 Ms. McGuire stated it would be nice to hear if there is a sense of support for the Work Group. 31 32 The consensus of the Council was support of the proposal. 33 34 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS 35 36 City Manager Casey reported every three years, lead and copper levels are tested and everything 37 passed with flying colors. He has been working to set up training for the entire staff for racial 38 awareness and a session will also be held for City Commissions. St. Anthony is a member of the 39 LMC and Mr. Casey serves on the Board of Directors. City Manager Casey stated race and 40 equity will be discussed at their upcoming Board Meeting. There are 854 member cities in the 41 LMC. 42 43 Councilmember Jenson stated he attended a seminar at the Wilder Foundation dealing with racial 44 understanding. 45 46 Councilmember Stille stated the church he attends had an event regarding racial equity. On 47 September 8, 2016 he attended the Community Service Advisory Council. 48 8 1 Councilmember Gray stated Council met two weeks ago tonight with the School Board. Last 2 night, he met with a community member and discussed a lot of things pertaining to this matter. 3 Councilmember Gray stated he has been working with his company to reach out to different 4 people as far as recruiting at Jazz Fest. He appreciated the opportunity to talk to people he would 5 not normally talk to and is committed to change in St. Anthony. 6 7 Mayor Faust read Councilmember Brever’s report in her absence, noting she and City Manager 8 Casey have attended meetings of the Family Services Collaborative Group and the Racial Equity 9 Network has been solicited to provide services, and they are also working with AMAZE. Mayor 10 Faust read the goals of this group. 11 12 Mayor Faust reported the Council met with the School District on August 30. He met with the 13 City Manager and the Citizens for Community Action on September 7 and a special meeting was 14 held on September 8. On September 12, he attended a regional council meeting of Mayors. 15 Mayor Faust spoke about the GreaterMSP and issues that were discussed during the past two 16 years, noting private industry is now looking race and equity as an economic issue. Today, 17 Mayor Faust attended the Mississippi Watershed meeting. He reviewed the Green Team. 18 19 VIII. COMMUNITY FORUM 20 21 Comments were voiced by an unidentified speaker. Mayor Faust asked him to leave the meeting. 22 23 Ms. Sheila Kennedy and Mr. Bill Connolly appeared before the Council. Ms. Kennedy stated she 24 has lived in Lowry Grove for 17 years and is a senior citizen. She read a prepared statement 25 about the park sale, noting they have been paying their lot rent to the Village and expect services 26 in exchange for their lot rent. She stated basic security is a management responsibility and 27 conditions in the park are deteriorating. Ms. Kennedy stated some residents are feeling pressured 28 by management on their decisions for departure and ail service has been interrupted. She noted 29 that moving is a stressful event and has caused many physical problems. 30 31 Mr. Connolly stated he is present to support Ms. Kennedy. 32 33 Ms. Joslyn, a resident of Lowry Grove, stated what is seen on the surface does not reflect what is 34 within as many residents are very comfortable in Lowry Grove. She stated she has felt safe living 35 there, the houses are very affordable in Lowry Grove, and many residents are ill and going 36 through hard times. She had been making plans to attend a local university knowing her father 37 could help her with the expenses. 38 39 A resident of Lowry Grove, stated her family is very affected by this issue, noting Lowry Grove 40 residents are like family. She stated she attends Edison High School and had told her counselor 41 she had to move because a lady wants to sell the community. She indicated that she found out 42 her credits cannot be transferred to another district and stated she and her mother need 43 transportation to their jobs and State Aid is not available to her family when they move. 44 45 Ms. Antonia Alvarez, resident of Lowry Grove, thanked the Council for the last meeting and 46 stated she believes this is the correct action. They will continue to work to save Lowry Grove. 47 48 9 Ms. Jennifer McGuire stated she supports Lowry Grove residents and encouraged Council to 1 consider the social science research base. 2 3 IX. INFORMATION AND ANNOUNCEMENTS - NONE 4 5 X. ADJOURNMENT 6 7 Mayor Faust adjourned the meeting at 9:20 p.m. 8 9 10 Respectfully submitted, 11 Debbie Wolfe 12 TimeSaver Off Site Secretarial, Inc. 13 14 15 _ _ 16 ATTEST: ________________________________ Mayor 17 City Clerk 18 19 10 CITY OF ST. ANTHONY 1 CITY COUNCIL SPECIAL MEETING MINUTES 2 SEPTEMBER 8, 2016 3 4 I. Preliminaries 5 6 CALL TO ORDER 7 8 Mayor Faust called the meeting to order at 7:00 p.m. 9 10 PLEDGE OF ALLEGIANCE. 11 12 Mayor Faust invited the Council and audience to join him in the Pledge of Allegiance. 13 14 ROLL CALL 15 16 Present: Mayor Faust Councilmembers Brever, Gray, Jenson, and Stille 17 Absent: None 18 Also Present: City Manager Mark Casey, City Attorney Phil Steger 19 20 II. Public Hearing 21 22 A. Mayor Opening 23 24 Mayor Faust reviewed Roberts Rules of Order and the procedures that apply to Public Hearings. 25 26 Mayor Faust opened the public hearing at 7:02 p.m. 27 28 Mayor Faust stated the purpose of the public hearing is to review the closing of a manufactured home 29 park, as required by City Code and State Statute. Mayor Faust noted that at approximately 4 p.m. today 30 the City received correspondence from the Minnesota Housing Finance Agency (“MFHA”). A copy of 31 the correspondence was available for review. Ms. Margaret Kaplan, Community Development Director 32 for the agency was present. Mayor Faust explained the letter raises some issues that the public should 33 hear before the public hearing continues. 34 35 Ms. Kaplan stated that part of the MHFA mission is to help residents have safe, affordable housing in 36 the community of their choice. The MHFA is also the administrator of the Minnesota Manufactured 37 Housing Relocation Trust Fund. Ms. Kaplan explained how the Trust Fund works. The Trust Fund is 38 used to assist residents when a park is closed. Currently the status of Lowry Grove is in the courts. It has 39 not yet been determined that the park will close. Ms. Kaplan noted when a park closes, the park owner 40 must pay $3,250 per household to the Trust Fund to assist displaced residents with relocation costs. 41 42 City Attorney Steger asked Ms. Kaplan if there is risk that residents may not get paid from the fund. Ms. 43 Kaplan stated once a third party is appointed and people start making applications to the fund, 45 days 44 after receipt of applications payments are made. Required documentation is necessary with the 45 applications. She does not want people at this point to make a choice between receiving their relocation 46 compensation now or forego the rights they have that are the subject of the lawsuit. The third party 47 would help those residents entitled to compensation receive it. She does not know the timeline of the 48 lawsuit at this time. 49 11 Mayor Faust asked if homeowners collect funds and the park is not closed would the agency go after 1 those homeowners to get repayment for the funds paid out. Ms. Kaplan stated there is no mechanism for 2 repayment of funds back to the Trust Fund. 3 4 City Attorney Steger stated it is reassuring to hear how the Trust Fund works but given the issues raised 5 in the letter, the statute, and unique circumstances, it may be wise for the City to come to its own 6 conclusion about payments out of the fund to residents who are required to vacate the park because of its 7 planned closure. He stated it would be appropriate for the Council to continue the public hearing to a 8 future date when the situation becomes clearer. Notice of the public hearing continuation would need to 9 be given per State Statute. 10 11 Councilmember Stille stated there are many moving parts and Council does not have all the answers at 12 this time. He agreed with the City Attorney’s suggestion to continue the public hearing and asked if the 13 public hearing could be continued after the court decision. City Attorney Steger stated that the public 14 hearing could be, but does not have to be, continued until after a court decision. City Attorney Steger 15 reminded the Council that the City Code states the public hearing is required to be held within 90 days 16 of closure notice being sent out, and that the State Statute provides that residents cannot be required to 17 relocate until 60 days after the public hearing is concluded. 18 19 Mayor Faust stated it would be germane at this point to have a motion to continue the public hearing. 20 21 Motion by Councilmember Stille, seconded by Councilmember Jenson, to continue the public hearing 22 until a date to be publicly noticed. 23 24 Mr. Michael Mergens, Attorney for the Park Owner, noted as City Attorney Steger pointed out, the 25 Statute states the public hearing needs to be held by September 13, 2016. He stated there are residents 26 who do want to move and do want to receive this relocation funding. City Attorney Steger noted the 27 City Code states the public hearing needs to be held within 90 days of receiving the closure statement, 28 and that the Council was complying with the Code by holding the public hearing that evening, but that 29 the public hearing could also be continued and concluded at a future date. 30 31 Motion carried 5-0. 32 33 Mayor Faust asked City Attorney Steger to summarize in layman’s terms what continuation of the 34 public hearing means for park residents. City Attorney Steger stated according to the State Statute the 35 residents may not be required to leave their homes until 60 days after the public hearing is concluded. 36 City Attorney Steger stated since the City Council had continued the public hearing until a date to be 37 publicly noticed, the public hearing was not concluded. Therefore the 60-day clock for requiring 38 residents to relocate has not started. 39 40 III. ADJOURNMENT 41 42 Mayor Faust adjourned the meeting at 7:20 p.m. 43 44 Respectfully submitted, 45 Debbie Wolfe 46 TimeSaver Off Site Secretarial, Inc. 47 48 12 _ _ 1 ATTEST: ________________________________ Mayor 2 City Clerk 3 13 THIS PAGE LEFT INTENTIONALLY BLANK 14 Saint Anthony Village DATE: September 27, 2016 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: Mechanical Licenses: Golden Valley Heating & Air, Crystal, MN Motor Vehicle Licenses: Applicant: Murphy’s Service Center Location: 3501 29th Ave NE Rental Licenses: Applicant: IH2 Borrower Location: 3913 Fordham Dr NE 15 THIS PAGE LEFT INTENTIONALLY BLANK 16 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 9/9/2016 - 9/28/2016 Sep 21, 2016 12:46PM Vendor Number Payee Check Number Check Issue Date Amount 10252 CENTERPOINT ENERGY 20 09/28/2016 9,265.05 11740 XCEL ENERGY 21 09/28/2016 4,855.95 10710 ICMA RETIREMENT TRUST 30292 09/09/2016 2,245.00 11792 INTERNATIONAL UNION LOCAL #49 30293 09/09/2016 374.00 11793 LAW ENFORCEMENT LABOR SERVICES 30294 09/09/2016 980.00 10002 LOCAL UNION IAFF #3486 30295 09/09/2016 336.72 10029 ADVANCED GRAPHIX, INC.30297 09/28/2016 250.00 10039 AIRGAS USA LLC 30298 09/28/2016 27.52 10054 ALLIANCE MECHANICAL 30299 09/28/2016 232.00 10056 ALLIED MEDICAL PRODUCTS 30300 09/28/2016 105.37 10092 APACHE GROUP 30301 09/28/2016 1,142.62 10098 ARAMARK 30302 09/28/2016 139.62 1100 ARTISIAN BEER COMPANY 30303 09/28/2016 8,679.15 12377 ASEFEHA, NAHOM 30304 09/28/2016 112.02 10115 ASPEN MILLS 30305 09/28/2016 139.90 10116 ASPEN WASTE SYSTEMS INC 30306 09/28/2016 132.18 12049 BALD EAGLE SPORTSMEN'S ASSOCIATION 30307 09/28/2016 375.00 1101 BAUHAUS BREW LABS LLC 30308 09/28/2016 952.00 1013 BELLBOY CORPORATION 30309 09/28/2016 11,127.55 1014 BELLBOY CORPORATION 30310 09/28/2016 81.40 1035 BERNICK'S BEVERAGE & VENDING 30311 09/28/2016 4,836.40 10172 BIFFS, INC.30312 09/28/2016 222.00 11771 BLUE TARP FINANCIAL 30313 09/28/2016 4.99 8544 BOURGET IMPORTS 30314 09/28/2016 97.50 10188 BRAKE & EQUIPMENT WAREHOUSE 30315 09/28/2016 15.84 1018 BREAKTHRU BEVERAGE MN BEER 30316 09/28/2016 12,897.90 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 30317 09/28/2016 12,392.36 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 30318 09/28/2016 8,529.33 10197 BRIAN NELSON INSPECTION SVCS 30319 09/28/2016 776.25 10206 BROCK WHITE COMPANY LLC 30320 09/28/2016 35.18 1017 CAPITOL BEVERAGE SALES 30321 09/28/2016 12,662.47 10246 CASEY, MARK 30322 09/28/2016 216.04 12139 CEMSTONE PRODUCTS COMPANY 30323 09/28/2016 262.00 10263 CENTURYLINK 30324 09/28/2016 701.40 10293 CITY OF ROSEVILLE 30325 09/28/2016 9,176.92 12303 CITY WIDE LOCK & SAFE, LLC 30326 09/28/2016 39.00 10306 CITY WIDE WINDOW SERVICE INC 30327 09/28/2016 85.66 1010 CLEAR RIVER BEVERAGE COMPANYMPANY 30328 09/28/2016 1,393.17 1042 CRYSTAL SPRINGS ICE 30329 09/28/2016 389.17 10373 DAILEY DATA & ASSOCIATES 30330 09/28/2016 93.75 10411 DIAMOND VOGEL PAINTS 30331 09/28/2016 5,923.65 10432 DORSEY & WHITNEY 30332 09/28/2016 97,982.83 10461 EHLERS & ASSOCIATES, INC.30333 09/28/2016 3,800.00 10468 ELECTRO WATCHMAN INC 30334 09/28/2016 60.00 10517 FIRE SAFETY USA, INC.30335 09/28/2016 142.50 10526 FLEETPRIDE 30336 09/28/2016 65.81 10550 G & K SERVICES INC 30337 09/28/2016 671.64 1110 GENERAL INDUSTRIAL SUPPLY CO 30338 09/28/2016 7.84 10573 GOODIN COMPANY 30339 09/28/2016 5.71 1032 GRAPE BEGINNINGS, INC.30340 09/28/2016 188.50 1021 GREAT LAKES COCA COLA 30341 09/28/2016 243.95 10642 HENN CNTY INFO TECH DEPT 30342 09/28/2016 2,901.23 10661 HENNEPIN COUNTY TREASURER 30343 09/28/2016 150.00 Auto Pay Auto Pay 17 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 9/9/2016 - 9/28/2016 Sep 21, 2016 12:46PM Vendor Number Payee Check Number Check Issue Date Amount 1019 HOHENSTEIN'S, INC 30344 09/28/2016 10,829.05 10684 HOME DEPOT CREDIT SERVICES 30345 09/28/2016 134.52 1027 INDEED BREWING COMPANY 30346 09/28/2016 4,665.81 10733 INSTRUMENTAL RESEARCH, INC.30347 09/28/2016 85.50 12376 JANET WHALEY, MA, LMFT, LLC 30348 09/28/2016 280.00 1016 JJ TAYLOR DISTRIBUTING 30349 09/28/2016 24,814.16 1102 JOHNSON BROTHERS 30350 09/28/2016 7,540.98 1004 JOHNSON BROTHERS LIQUOR CO.30351 09/28/2016 2,526.32 1005 JOHNSON BROTHERS LIQUOR COMPANY.30352 09/28/2016 6,662.54 1006 JOHNSON BROTHERS LIQUOR COMPANY.30353 09/28/2016 15,725.82 1044 JOHNSON BROTHERS LIQUOR COMPANY.30354 09/28/2016 19,861.49 10806 L.T.G. POWER EQUIPMENT 30355 09/28/2016 25.31 12130 LATOUR CONSTRUCTION INC 30356 09/28/2016 7,832.96 10831 LEAGUE OF MINNESOTA CITIES 30357 09/28/2016 9,021.00 10829 LEAGUE OF MINNESOTA CITIES 30358 09/28/2016 30.00 10857 LMCIT % BERKLEY ADMINISTRATORS 30359 09/28/2016 10.10 1022 M. AMUNDSON LLP 30360 09/28/2016 1,494.50 10874 MACQUEEN EQUIPMENT CO 30361 09/28/2016 402.16 10940 MIDWEST ASPHALT CORPORATION 30362 09/28/2016 6.27 10994 MINNESOTA OCCUPATIONAL HEALTH 30363 09/28/2016 62.00 12373 MINNESOTA TRANSLATIONS 30364 09/28/2016 173.76 11019 MISTER CAR WASH 30365 09/28/2016 68.85 11089 NAPA AUTO PARTS 30366 09/28/2016 36.49 12374 NEOFUNDS BY NEOPOST 30367 09/28/2016 839.61 1051 NEW FRANCE WINE COMPANY 30368 09/28/2016 292.50 12112 OREILLY AUTO PARTS 30369 09/28/2016 5.99 1012 PAUSTIS & SONS 30370 09/28/2016 1,278.30 12378 PETERSON, MARY 30371 09/28/2016 55.47 11211 PETTY CASH - U.S. BANK 30372 09/28/2016 80.24 1001 PHILLIPS WINE & SPIRITS 30373 09/28/2016 1,401.33 1002 PHILLIPS WINE & SPIRITS 30374 09/28/2016 2,677.18 11847 PIONEER MANUFACTURING COMPANY 30375 09/28/2016 15,846.00 12008 PREMIER LIGHTING 30376 09/28/2016 1,654.81 12311 PUCKETTS RECYCLING 30377 09/28/2016 40.00 12379 RACIAL EQUITY MINNESOTA 30378 09/28/2016 10,000.00 11302 RAMSEY COUNTY 30379 09/28/2016 4,928.13 1062 RED BULL DISTRIBUTION COMPANY 30380 09/28/2016 36.00 12090 REGISTER TAPES UNLIMITED (RTUI)30381 09/28/2016 606.25 11991 RL LARSON EXCAVATING INC 30382 09/28/2016 232,994.87 11345 ROSEVILLE CHRYSLER DODGE 30383 09/28/2016 396.78 11366 SAM'S CLUB 30384 09/28/2016 63.58 11412 SIMPLEXGRINNELL 30385 09/28/2016 1,995.89 1024 SOUTHERN GLAZER'S OF MN 30386 09/28/2016 6,137.52 1008 SOUTHERN GLAZER'S OF MN 30387 09/28/2016 522.40 1026 SOUTHERN GLAZER'S OF MN 30388 09/28/2016 4,699.16 11502 STREICHER'S 30389 09/28/2016 214.00 12375 SUSAN POWERS OLSON, PsyD, LP 30390 09/28/2016 655.00 11531 T A SCHIFSKY & SONS 30391 09/28/2016 54.08 11536 TASC 30392 09/28/2016 32.00 11595 TRI STATE BOBCAT, INC.30393 09/28/2016 150.90 11819 TRUE NORTH ELECTRIC 30394 09/28/2016 142.50 11626 U.S. BANK (PURCHASING CARD)30395 09/28/2016 1,697.36 1025 VINOCOPIA 30396 09/28/2016 1,309.87 18 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 9/9/2016 - 9/28/2016 Sep 21, 2016 12:46PM Vendor Number Payee Check Number Check Issue Date Amount 11699 WAL-MART BUSINESS CENTER 30397 09/28/2016 131.99 11933 WIMACTEL INC 30398 09/28/2016 45.00 1034 WINE COMPANY/THE 30399 09/28/2016 1,641.49 1038 WINE MERCHANTS INC 30400 09/28/2016 1,690.80 11738 WSB & ASSOCIATES, INC.30401 09/28/2016 109,902.70 6540 Z WINES USA LLC 30402 09/28/2016 80.50 11748 ZAHL PETROLEUM MAINTENANCE CO.30403 09/28/2016 210.75 Grand Totals: 735,324.58 19 THIS PAGE LEFT INTENTIONALLY BLANK 20 REQUEST FOR COUNCIL CONSIDERATION Meeting Date: September 27, 2016 Resolution-Authorizing the Hennepin County Road Maintenance Agreement Overview: In front of you this evening is the five year renewal of the Hennepin County Road Maintenance Agreement. The current agreement expires on 12/31/2016. The agreement relates to payment for road maintenance the city preforms for the County State Aid Highways within the city limits. These maintenance services include: • Snow removal • Street sweeping • Mowing • Disposal of debris The Hennepin County contracted payment is based on the County’s internal cost to perform such services. The internal costs are updated annually. The 2017 payment for services is scheduled at $31,459 compared to the payment for 2016 of $28,483. Recommendation: City Council approves the Hennepin County Road Maintenance Agreement for the term of five years- 1/1/2017-12/31/2021. 21 THIS PAGE LEFT INTENTIONALLY BLANK 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 16-068 A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT BETWEEN HENNEPIN COUNTY AND THE CITY OF ST. ANTHONY FOR ROAD MAINTENANCE SERVICES. BE IT RESOLVED, that the Mayor and City Manager are authorized to sign the Agreement between Hennepin County and the City of St. Anthony for road maintenance services, for the calendar years 2017 through 2021 on behalf of the City of St. Anthony. Adopted this 27th day of September, 2016. ____________________________________ Jerome O. Faust, Mayor ATTEST:____________________________ Nicole Miller, City Clerk Review for Administration: ____________________________________ Mark Casey, City Manager 37 THIS PAGE LEFT INTENTIONALLY BLANK 38 Updates New Fire Code adopted May 2nd, 2016. 2015 MN State Fire Code Long Process – Sprinkler requirements Staff being trained, Code is in effect Increased Public Education in Schools Working with Wilshire and St. Charles – Visit every grade at least once State fire deaths to date – 20* 2014 – 44 2015 – 57 13 year high - March/October 7 each, June/November 2 each 9 careless smoking, 4 unattended cooking, 24 undetermined cause, rest arson/suicide 45 year trend (1970) – steady decline from around 100 deaths a year to around 40 Home Safety Surveys New Program – started earlier this year By Appointment – 30 to 45 minutes Quick home safety survey – Fires, CO, Slips and Falls Check smoke alarms for date and function 7 to 10 year life span on smoke alarms Install up to three 10 year smoke alarms – no battery changes, end of life signal Does not apply to rental living spaces i.e. apartments Partnership with the American Red Cross for smoke alarms Check CO alarm for date and function Looking to possibly providing CO alarms also – 2 recent surveys had no CO alarm 39 File of Life Program Program that provides crucial medical information to responders Refrigerator magnet with updatable form inside – medications, medical conditions, hospital, emergency contact information Information stays in your home – we know to look for the magnet on the fridge. Contact Information Interested in either a Home Safety Survey or File of Life Call the St. Anthony Fire Station 612-782-3400 Or email cfuller@ci.saint-anthony.mn.us Useful Information and Fact Sheets MN State Fire Marshal https://dps.mn.gov/divisions/sfm 40 Open House Saturday October 8th 1-4 pm -Free Event -Learn about fire prevention -Hotdogs and S’mores -Meet the firefighter’s that serve you! Village Big Rigs 41 THIS PAGE LEFT INTENTIONALLY BLANK 42 REQUEST FOR COUNCIL CONSIDERATION Meeting Date: September 27, 2016 Resolution-Authorizing Mutual Aid Agreement to Provide for the Automatic Dispatch of the Closest Emergency Response Unit Regardless of Jurisdictional Boundaries Overview: In front of you this evening is a new Mutual Aid Agreement for Closest Unit Dispatching. This is setup the same as our “auto-aid” agreements with Columbia Heights and Fridley. Closest Unit Dispatching will automatically dispatch St. Anthony Fire to a confirmed structure fire in a pre-established area of New Brighton. This area covers the southwestern most portion of the City of New Brighton. There is no additional cost for the City and this agreement doesn’t replace any existing Mutual Aid agreements. The other agencies participating in this agreement are: St. Paul, Roseville, Little Canada, Maplewood, Falcon Heights, North St. Paul, New Brighton, White Bear Lake, and the Lake Johanna Fire Department. 43 THIS PAGE LEFT INTENTIONALLY BLANK 44 MUTUAL AID AGREEMENT TO PROVIDE FOR THE AUTOMATIC DISPATCH OF THE CLOSEST EMERGENCY RESPONSE UNIT REGARDLESS OF JURISDICTIONAL BOUNDARIES This Mutual Aid Agreement (“Agreement”) is made and entered into this ___ day of ___________________, 2016 by and among Cities of Saint Anthony, Saint Paul, Roseville, Little Canada Fire Department Inc., Maplewood, Falcon Heights, North Saint Paul, New Brighton, White Bear Lake, and the Lake Johanna Fire Department Inc. (collectively the “Cities” or “Parties” and individually the “City” or the “Party”). RECITALS A. The Cities/Parties desire to enter into this Agreement to authorize their respective fire departments to provide, and for the participating Cities/Parties to receive, automatic mutual aid to dispatch the closest equipment and personnel to emergency events to provide assistance in the form of fire, rescue, and related services; B. The Cities/Parties are authorized under Minnesota Statutes, section 471.59 to cooperatively exercise their commonly held powers and mutual aid agreements are critical to providing and supporting emergency services; C. The Cities/Parties determine that providing for the automatic dispatch of the closest emergency unit as is authorized in this Agreement is in their best interests and they desire to create an opportunity for other cities and towns to participate in this Agreement. AGREEMENT In exchange for the mutual promises made herein, the Parties hereby agree as follows: I. DEFINITION OF TERMS For the purposes of this Agreement, the terms defined in this section shall have the meanings given them below. 1. “Agency” means the fire department, fire station, or fire unit called upon to provide Assistance to an Emergency Event. 2. “Assistance” means the provision of fire personnel and equipment in response to an Emergency Event. 3. “Dispatcher” means the person at the applicable public safety access point that receives reports of Emergency Events and selects the appropriate Agency to respond to and provide Assistance for the Emergency. 4. “Emergency” any request for fire department assistance. 45 5. “Emergency Events” means any Emergency incident in which an Agency may be called upon by a Dispatcher to provide Assistance within the scope of the Agency’s service capabilities as determined by the respective member Cities and communicated in writing to the Emergency Communications Center. 6. “President” means the president of the Ramsey County Fire Chiefs Association. 7. “Protection Area” means the area within the Cities of Saint Anthony, Saint Paul, Roseville, Little Canada, Maplewood, Falcon Heights, North Saint Paul, North Oaks, Shoreview, Arden Hills, Lauderdale, New Brighton, and any additional city or town that joins this Agreement as provided herein. 8. “Requesting Party” means a Party which requests assistance from another Party to this Agreement and each such responding Party is considered a Sending Party. 9. “Sending Party” means a Party called upon to provide Assistance to another Party and which actually provides Assistance to the Requesting Party. 10. “Specialized Activities” means the provision of non-emergency assistance including, but not limited to, training of personnel and associated equipment and facilities. II. AUTHORIZATION Each of the Cities participating in this Agreement hereby authorize their respective fire Agencies to respond to and receive automatic mutual aid services pursuant to the terms of this Agreement and to otherwise take such actions as are needed to provide and receive Assistance as provided herein. III. TERM AND TERMINATION This Agreement shall be effective as of the date first written above and shall be ongoing until terminated as provided herein. Each City shall act by resolution to adopt this Agreement and shall forward a fully executed copy of its resolution and a signed original of this Agreement to the President of the Ramsey County Fire Chiefs Association. Any Party may act by resolution to opt out of its participation in this Agreement. No such resolution shall be effective until the Party provides at least 60 days’ written notice of termination to the President, the applicable County Emergency Communications Center, and each of the other Parties. The resolution must indicate the date of withdrawal from this Agreement, which must be sufficiently in the future to allow for the 60 day notice. The notice shall include a fully executed copy of the termination resolution. IV. AUTOMATIC MUTUAL AID PROCEDURE 1. Whenever a Party to this Agreement receives a call for Assistance for an Emergency Event occurring within its jurisdictional boundaries, that call will automatically be 46 dispatched to the Agency having primary jurisdiction, as well as to any Agency for which the Dispatcher or Computer Aided Dispatch System (CAD) determines may provide a more timely response. The Sending Party shall respond to the call and make necessary Assistance available without undue delay. The typical response from the Sending Party shall be one apparatus and crew. The extent of Assistance provided by the Sending Party shall be determined solely by the Sending Party based on its established response criteria and procedures. In the event a Sending Party determines it will not be able to provide Assistance, the fire official for the Agency making that determination shall immediately notify the Requesting Party. 2. The first arriving unit shall be in command of the emergency scene, until relieved by the Requesting Party. The Sending Party’s fire official shall retain direction and control of the Sending Party’s fire personnel and equipment on the scene. 3. Each Party, whether it be the Requesting Party or a Sending Party, shall be responsible for injuries or death of its own personnel. Each Party shall maintain workers’ compensation insurance or self-insurance coverage covering its own personnel while they are providing Assistance pursuant to this Agreement. Each Party waives the right to sue the 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 the other Party or its officers, employees. 4. Each Party shall be responsible for damages to or loss of its own equipment. Each Party waives the right to sue the 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 the other Party or its officers, employees, or volunteers. 5. Specialized Activities of non-emergency nature may be requested and/or provided by both parties to the Agreement. There is no obligation on the part of a Sending Party to provide Specialized Activities. 6. No charge shall be made to either party for Assistance rendered under this Agreement for incidents with duration under eight (8) hours. Provided, however, that in the event the Requesting Party is reimbursed for said personnel, equipment, or any other costs from a party or parties responsible for the Emergency, or is otherwise reimbursed by a third party source, then reimbursement, on a pro-rata basis, shall be made to the Sending Party for any equipment or personnel charges. V. COOPERATIVE IMPLEMENTATION The Parties agree to work in good faith through their respective Agencies to cooperatively establish any specific response criteria or procedures as they may determine are needed to implement this Agreement. Such criteria and procedures do not necessarily need to be the same for each Party, but they shall not be contrary to the 47 primary purpose of this Agreement. Each Party shall be responsible for communicating in writing its response criteria and procedures to each of the other Cities, the President, and the applicable County Emergency Communications Center. VI. LIABILITY AND INDEMNIFICATION 1. For the purposes of the Minnesota Municipal Tort Liability Act (Minnesota Statutes, chapter 466), the employees and officers of the Sending Party are deemed to be employees (as defined in Minnesota Statutes, section 466.01, subdivision 6) of the Requesting Party. For all other purposes, all personnel remain the employees of their respective Party during the performance of duties under this Agreement. 2. The Requesting Party agrees to defend and indemnify the Sending Party against any claims brought or actions filed against the Sending Party or any officers, employees, or volunteers of the Sending Party for injury to or death of any third person or persons, or damage to the property of any third person or persons, arising out of the provision of Assistance by the Sending Party under this Agreement. Under no circumstances, however, shall a Party be required to pay on behalf of itself and other Parties, any amounts in excess of the limits on liability established in Minnesota Statutes, chapter 466 applicable to any one Party. As provided in Minnesota Statutes, section 471.59, subdivision 1a, for the purposes of determining total liability the Parties shall be considered a single governmental unit and the total liability for the Parties shall not exceed the limits on governmental liability for a single governmental unit as specified in Minnesota Statutes, section 466.04, subdivision 1. Nothing in this Agreement shall be interpreted as any of the Parties waiving any exemptions or limitations on liability available to them under law. The intent of the indemnification requirement of this section is to impose on each Requesting Party a limited duty to defend and indemnify any Sending Party for claims arising within the Requesting Party’s jurisdiction subject to the liability limits under Minnesota Statutes, chapter 466. The purpose of creating this duty to defend and indemnify is to simplify the defense of liability claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to the defended by a single attorney. 3. No Party to this Agreement, nor any officer of any Party, shall be liable to any other Party or to any other person for failure of any Party to furnish Assistance to any other Party, or for recalling Assistance. VII. ADDING MEMBERS Any other city/town/fire department corporation adjacent to the Protection Area may join this Agreement upon the written consent of all of the existing Parties to this Agreement that abut upon the boundaries of the joining Party, the adoption by the joining Party a resolution authorizing execution of this Agreement, and the filing of a copy of the 48 executed resolution and this Agreement with the President. The Ramsey County Fire Chiefs may impose reasonable conditions on the admission of additional cities and establish procedures for removal of a Party for cause. The addition of a Party to this Agreement as provided herein does not require an amendment to this Agreement. The joining Party shall become subject to the terms and conditions of this Agreement as of the effective date of its participation in the sharing of services under this Agreement as determined by the President. VIII. MISCELLANEOUS 1. This Agreement may be amended by written agreement of the all of the Parties. 2. The Parties will execute this Agreement in any number of duplicate originals, each of which constitutes an original, and all of which, collectively, constitute only one Agreement. Each Party will deliver enough executed counterpart signature pages so that all of the Parties will have a fully executed original of this Agreement. The President will coordinate the delivery of the signature pages and compiling and delivering originals of the Agreement to each of the Parties. 3. This Agreement is made under the law of the State of Minnesota. 4. This Agreement is entered into for the benefit of the Parties and is not intended to provide any rights to any third parties. 5. This Agreement is not exclusive and is not intended to replace any other mutual aid agreements any of the Parties may have in place. IX. EXECUTION Each Party has read, agreed to, and executed this Agreement on the date indicated below. [signature pages follow] 49 CITY OF SAINT ANTHONY Adopted on the ____ day of ________________, 2016. By ______________________ By _________________________ Its ______________________ Its _________________________ 50 CITY OF SAINT ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 16-069 A RESOLUTION AUTHORIZING MUTUAL AID AGREEMENT FOR THE AUTOMATIC DISPATCH OF THE CLOSEST EMERGENCY RESPONSE UNIT REGARDLESS OF JURISDICTIONAL BOUNDARIES WHEREAS, Closest Unit Dispatching will provide for automatic mutual aid dispatch of the closet equipment and personnel to emergency events; and WHEREAS, Closest Unit Dispatching will be similar to The City of St. Anthony’s current “auto-aid” agreements with Columbia Heights and Fridley; and WHEREAS, The other agencies participating in this agreement are St. Paul, Roseville, Little Canada, Maplewood, Falcon Heights, North St. Paul, New Brighton, White Bear Lake, and the Lake Johanna Fire Department; and NOW, THEREFORE, BE IT RESOLVED, the City Council authorizes the City of St. Anthony to enter into the Mutual Aid Agreement for Closet Unit Dispatching. Adopted this 27th day of September, 2016. __________________________________________ Jerome O. Faust, Mayor ATTEST:___________________________ Nicole Miller, City Clerk Review for Administration: _________________________________________ Mark Casey, City Manager 51 THIS PAGE LEFT INTENTIONALLY BLANK 52 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 16-070 A RESOLUTION FOR THE ESTABLISHMENT OF A WORKGROUP TO MAKE RECOMMENDATIONS FOR POLICE DEPARTMENT POLICIES ON OFFICER WORN BODY CAMERAS WHEREAS, the protests resulting from recent high-profile shootings of African American men in Baton Rouge, Louisiana, and Falcon Heights, Minnesota highlight the distrust that exists across racial and ethnic lines; and WHEREAS, the murders of five Dallas, Texas police officers assigned to keep safe and protect peaceful Black Lives Matter protestors in the City’s downtown area demonstrate the very real dangers faced by officers because they are officers; and WHEREAS, communities, such as St. Anthony, Falcon Heights and Lauderdale, must recognize the need to critically balance the enforcement of law with effective, fair and transparent police services; and WHEREAS, despite a Constitution that considers all people equal, profound disparities exist for African Americans and other people of color across the United States, including, Minnesota; and WHEREAS, the City of St. Anthony has identified racial equity as a strategic priority with the standard expectation being fair and equitable service delivery to all people who live, work, or visit St. Anthony; and WHEREAS, it is recognized that of all the services provided by the City, police services by their very nature, have the greatest potential to result in controversy and grow distrust; and WHEREAS, the City of St. Anthony values and honors the critical role of our police officers in enhancing the safety and quality of life for the community; and WHEREAS, it is widely recognized that communities receive the kind of policing they demand and as the policymakers representing the whole of St. Anthony, we endeavor to provide the most effective, fair, and transparent police services possible. NOW, THEREFORE BE IT RESOLVED, that to foster effective, fair, and transparent police servicers, the City of St. Anthony along with the cities of Falcon Heights and Lauderdale shall establish a Workgroup made up of diverse cadre of St. Anthony, Falcon Heights and Lauderdale residents to make recommendations for Police Department policies on officer worn body cameras, and further directs that: • The City Manager solicit letters of interest from St. Anthony residents willing and able to serve as a member of the Workgroup, as soon as practicable; • Following a reasonable application period, the City Manager shall present the Council copies of the letters of interest from all qualified applicants for review and final selection; 53 • The workgroup shall consist of three residents each from St. Anthony, Falcon Heights and Lauderdale. • From the final Workgroup membership, the Mayors will select one member to serve as Co- Chair, along with the Police Chief; • The City Council’s from St. Anthony, Falcon Heights and Lauderdale select a Councilmember to serve as the Council Liaison to the Workgroup; • The Police Chief shall make available members of the department considered subject matter experts or other resources, as may be needed; • The Workgroup co-chairs will establish meeting agendas in cooperation with the Workgroup membership to provide substantive background information, a review of current practice, and the department’s current policies and related training protocols; • The City Manager, or his designee, shall, in accordance with the City’s established purchasing authority, engage the services of an outside facilitator(s) familiar with police practices and/or criminal justice to guide the review and discussion; • Upon completion of its work, the Workgroup shall make recommendations to the Police Chief regarding officer worn body cameras; • The Police Chief shall provide a written report to the City Manager and Workgroup members detailing the integration of the Workgroup’s recommendations into police department policy; • Should certain recommendations or elements of recommendations not be adopted, the Police Chief shall provide a written rationale for the decision. When practical, the City Manager will present the report to the City Council. Adopted this 27th day of September, 2016. _________________________________________ Jerome O. Faust, Mayor ATTEST:___________________________ Nicole Miller, City Clerk Review for Administration: _______________________________________ Mark Casey, City Manager 54 Planning Group Proposal Submitted for: September 27, 2016 St. Anthony City Council Meeting Submitted by: Police Advisory Committee of St. Anthony Villagers for Community Action (SAVCA) and by Justice Occupation for Philando Proposal Contact: Nancy Robinett (robinetnancy@gmail.com, Ph. 520-591-9435) Overview: At the September 13, 2016, St. Anthony Village City Council meeting, Mayor Jerry Faust, and the three council members present, indicated support for examining institutional racial bias in the policing practices of the St. Anthony Police Department, as the response to the agenda item proposal led by Kristine Lizdas. At that meeting SAVCA recommended the immediate formation of a planning group to flesh out the details of a larger city/community initiative on investigating institutional racial bias in policing. Following is the proposal for this planning group. Summary of Preliminary Planning The initial group will be charged with creating and presenting a plan for a city/community initiative that closely explores how the everyday practices, procedures and routines of the police department result in racially disparate outcomes and experiences for communities of color. The initiative will model a strong city/community collaboration, promoting transparency and trust in policing. The initiative will focus on institutional policies and practices of the St. Anthony Police Department, rather than on individual police staff, with the goal of creating across-the-board police responses that promote the safety and well-being of all communities. The final product of the initiative will be new SAPD policies, procedures and administrative practices that significantly reduce racial bias and disparity in policing. As stated in the Lizdas proposal underlying this planning group proposal, this effort begins with the assumption that racial bias exists in the institution of policing, and that this racial bias is not unique to St. Anthony Police Department. The goal of this racial bias assessment in policing is to make progress in police practices and to make progress in community well-being for all the communities affected by St. Anthony policing. Summary of the Work of the Planning Group The formal proposal from this Planning Group to City Council should address the following: • Define the purpose and scope of the institutional assessment; • Outline the major activities of the assessment and identify a project timeline; • Identify Steering Group participants that broadly represent the impacted departments and communities and who can provide the commitments necessary for carrying-out the assessment; 55 • Identify Community Advisory Group members who will provide foundational insights into how racially disparate policing practices affect people’s everyday lives; • Identify key project staff and participants (the “RBAP Work Group”) and the baseline hours required for participation; • Identify key project consultants that will bring the necessary and various expertise required for the institutional assessment; • Develop proposed budget and budget narrative; • Identify sources of project funding and in-kind contributions; • Identify and resolve data access issues, including any necessary agreements, so that the St. Anthony Police Department and the City of St. Anthony can provide access to records, data and information to the maximum extent allowed under state and federal law; and • Draft an assessment project Memorandum of Understanding that ensures that all participants are committed to shared goals and activities. Members of the Planning Group This initial planning group will include Police Chief John Mangseth, Mayor Jerry Faust, City Manager Mark Casey, St. Anthony resident Kristine Lizdas, St. Anthony resident Jenifer McGuire, St. Anthony resident Nancy Robinett, community activist Curtis Avent from Justice Occupation for Philando, community activist John Thompson (a friend of Philando Castile), one representative from Falcon Heights (to be named) and one representative from Lauderdale (to be named). Other members of or advisors to the planning group may be added by the Planning Group for reasons of need and outreach. Timeline There is urgency to this planning group process because of the urgency associated with the tension, sadness and publicity surrounding the death of Philando Castile. The planning group agrees to communicate regularly among itself via in-person, small group and remote communications, and meet in-person at least twice over the first month, with the goal of producing a formal proposal for the City Council and St. Anthony Police Department on conducting an institutional assessment of racial bias in policing by the October 25, 2016 City Council meeting. The planning group understands that it will work cooperatively and that each member will use its best efforts in this proposal development. 56 Date Type Staff Present 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 Utility Accounts-Consent Agenda Certification of Delinquent Waste Hauler Accounts-Regular Agenda Award Contract for Construction for HSIP City Council City Manager City Engineer 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 2 Special 5:30 p.m.Worksession-Interview Workgroup City Council City Manager November 8 Regular 8:00 pm Ordinance Setting Water & Sewer Rates for 2017 - 1st Reading-Public Hearing Sheriff Bostrom City Council City Manager November 22 Regular Ordinance Setting Water & Sewer Rates for 2017 - 2nd Reading Fire Prevention Poster Winners City Council City Manager Finance Director 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-Interview Commissioners 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 FUTURE COUNCIL AGENDA ITEMS 2016 2017 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS January 10 Regular Housekeeping Resolutions Resolution for the Street Improvement Bond Reimbursement Quarterly Donations & Grants City Council City Manager January 19 & 20 Special Goal Setting City Council City Manager Department Heads 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 March 28 Regular Public Works Annual Report Police Annual Report 2017 Street Project Call for Sale of Bonds City Council City Manager Public Works Director Police Dept April 11 Regular Planning Commission Items from March Quarterly Donations & Grants Finance Annual Report City Council City Manager Finance Director April 25 Regular Arbor Day Proclamation 1st Quarter Goals Update Public Hearing-Budget Calendar Spirit of St. Anthony Award City Council City Manager Finance Director May 9 Regular 2017 Street Project Bond Sale and Award of Bonds City Council City Manager May 23 Regular Salo Park Concert Series Insurance Renewal Tort Limits - Consent City Council City Manager 58 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS June 13 Regular Planning Commission Items from May Order Feasibility Report for 2018 Street Project City Council City Manager City Engineer June 27 Regular Audit Presentation City Council City Manager Finance Director July 11 Regular Planning Commission items from June Quarterly Donations & Grants Quarterly Goals Update VillageFest Presentation Liquor Operations Mid Year Report City Council City Manager Liquor Op Mgr July 25 Regular Night to Unite Presentation Night to Unite Proclamation City Council City Manager Police Chief August 8 Regular 8:00 p.m. Planning Commission items from July SANB #282 Presentation City Council City Manager August 22 Regular Budget Presentation Approval of 2018 Street & Utility Recon Fesibility Study City Council City Manager Finance Director City Engineer September 12 Regular Planning Commission items from August 2018 Preliminary Operating Budget and Levy-Public Hearing Kiwanis Peanut Day City Council City Manager Finance Director September 26 Regular Fire Prevention Presentation Sheriff Bostrom City Council City Manager Fire Dept 59