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2024.02.06 Work Session Packet4141 Douglas Drive North • Crystal, Minnesota 55422-1696 Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov Posted: Feb. 2, 2024 City Council Work S ession Agenda Tu esday, Feb. 6, 2024 6:30 p.m. Council Chambers/Zoom Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the work session of the Crystal City Council was held on Tuesday, Jan. 16, 2024, at ______ p.m. in th e Council Chamb ers at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom . If the agenda items are not completed in time for the City Council m eeting at 7 p.m., the work session will b e continued and resumed immediately following the City Council m eeting. The public may attend the meeting via Zoom by connecting to it through one of the methods identified on the City Council Meeting Schedule for Tuesday, Jan. 16, 2024. I.Attendance Council members Staff ____ K amish ____ Bell ____ Kiser ____ Gilchrist ____ Onesirosan ____ Therres ____ Adams ____ Elholm ____ Budziszewski ____ Larson ____ Cummings ____ Perkey ____ Eidbo ____ Revering ____ Sutter ____ Serres II.Agenda The purpose of the work session is to discuss the following agenda items: 1.Police Department Update s 2.Add cannabis buffer distances to UDC. 3.Constituent issues.* 4.New business.* 5.Announcements.* III.Adjournment The work session adjourned at ______ p.m. *D enotes no documentation included in the packet. Auxiliary aids are available upon request to individuals with disabilities by calling the city clerk at (763)531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529. CCCRRRYYYSSSTTTAAALLL PPPOOOLLLIIICCCEEE DDDEEEPPPAAARRRTTTMMMEEENNNTTT “Service with Compassion, Integrity, & Professionalism” TO: Mayor and Council Members FROM: Stephanie K. Revering, Chief of Police CC: Adam Bell, City Manager DATE: February 2, 2024 SUBJECT: Work Session: February 6, 2024 ___________________________________________________________________________ MMEEMMOORRAANNDDUUMM BACKGROUND The Crystal Police Department was a founding member, along with eight other cities, of the North West Metro Drug Task (NWDTF) force that started around 1990. The task forces established around the state were in response to a federal plan to localize drug enforcement to better serve local needs. Each of the member cities dedicated an officer, at the city’s expense, to serve as a task force officer and the cities rotated supervision and fiscal agent duties. All additional expenses (vehicles, radios, equipment, office equipment, etc.) were funded through state and federal grants and seized assets. Over the years, various cities changed directions and moved their assigned officer to other assignments. In 2022, the NWDTF Board of Directors (made up of the police chiefs of member cities) made the difficult decision to dissolve the NWDTF due to not having enough officers assigned to the task force to allow them to effectively fulfill their mission. Recognizing the need for our community to have a continued focus on preventing and investigating violent crime even though the NWDTF dissolved, we have been exploring other options to keep a targeted focus on this important priority. We investigated joining other task forces or creating a new area entity targeting violent crime. Through this work, we became aware that the MN Bureau of Criminal Apprehension (BCA) had received funding from the legislature to form the Violent Crime Reduction Unit (VCRU) focused exclusively on combatting violent crime areas that have seen increases over the past few years. The VCRU will be a task force partnership between the BCA and 10 chosen law enforcement agencies in the metro area. The primary focus of the VCRU will be on violent crime in the member agency jurisdictions, however, the Unit may be called on to assist other metro agencies as requests and capacity allow. After our initial discussions with BCA leadership, we were informed the Crystal Police Department had been chosen as one of the agencies to partner on this task force due to our solid reputation of being a good collaborative partner and being proactive in our work. If the city agrees to the Joint Powers Agreement (JPA) for the VCRU, the state will provide the funding for one officer, including overtime, a vehicle, and all other needed equipment. The initial legislative funding allocation is for three years through the end of 2026. BCA leadership has stated they anticipate this funding will be continued after the initial allocation and they intend to ask for expansion of the Unit assuming they see the successes they anticipate. NEXT STEPS The BCA is in the final stages of completing the JPA for partner cities to approve. Staff will be reviewing these documents to ensure they are compatible with our goals, philosophies, and policies. Assuming the staff finds no problems with the documents, we would anticipate bringing it before the City Council for approval to enter the partnership. If approved, we would conduct an internal selection process, with input from VCRU leadership, and an officer would be appointed for assignment to the unit. The VCRU officer would be given day-to-day supervision by the BCA VCRU Commander and would also be given direction by our Investigations Lieutenant. Due to the state funding appropriation of this task force, this provides a unique opportunity for the Police Department to add an additional police officer to our authorized strength of officers from 34 to 35 without any impact on the city budget for the foreseeable future. We believe this opportunity should be strongly considered, understanding that if the funding for this position were to end in the future, this would result in the necessary reduction of the authorized strength back to 34 officers. Given the normal cycle of officer vacancies, we believe there is very little risk of any financial ramifications to the city if this were to be the case. CONSIDERATION Deputy Chief Hubbard and myself will be present at the February 6, 2024, work session to discuss this topic with you. Our request would be to get your feedback and direction on 1) moving forward with finalizing a Joint Powers Agreement with the MN BCA for entering the Violent Crime Reduction Unit for Council consideration and 2) obtaining approval for increasing the authorized strength of police officers from 34 to 35 contingent and dependent on ongoing reimbursement from the state for all expenses related to the additional officer. As always, please let me know if you have any questions. Thanks. Page 1 of 2 ___________________________________________________________________________ FROM: John Sutter, Community Development Director DATE: January 31, 2024 TO: Adam R. Bell City Manager (for February 6 work session) SUBJECT: Moving cannabis buffer distances from licensing code to Unified Development Code (zoning) and potential changes to the buffer distances In 2023 the City Council adopted a THC edibles licensing ordinance which included the following buffer distances, measured from property line to property line (not door to door): •1,000 feet from any school •500 feet from any park or drug/alcohol treatment facility The attached current map illustrates these buffer distances. As the city prepares for the state’s eventual licensing of full cannabis shops in addition to THC edibles, staff requests Council discussion of the following potential changes: A.Move the buffer requirements from licensing to the UDC The main reason to adopt the buffer distances into the UDC (Unified Development Code a.k.a. the zoning ordinance) is that there are nonconforming use rights associated with zoning regulations. If a use is lawfully established but the code or other conditions subsequently change to make that use nonconforming, the use may continue (but not expand). Nonconforming use rights only expire if the use has been discontinued for a year. This is important for buffer regulations because the buffers are based on the use of other properties. For example, a cannabis business may be lawfully established but subsequently a drug/alcohol treatment facility could open up within 500 feet. At that point the cannabis business would no longer conform to the buffering requirement but could continue to operate as a nonconforming use. If the buffer distances remain in the licensing code the Council could be faced with denial of a license renewal for an otherwise lawful existing business. COUNCIL STAFF REPORT Cannabis Buffer Distances Page 2 of 2 B.Consider adopting less restrictive buffers In 2023, the Council adopted the most restrictive buffers allowed by state law except that it did not include a 500-foot buffer around daycares. Staff prepared three versions of the map reflecting potential changes that would lessen the buffer requirements: 1.Alternate 1 would exclude Robbinsdale Learning Center at 305 Willow Bend (in the Crystal Shopping Center) as a school but make no other changes. While RLC does have some family-oriented programming it is not primarily a facility for those under age 21 and the code could be written in a way that would exclude it as a “school.” 2.Alternate 2 would reduce the school buffer to 500 feet to match the other buffers but not make any other changes. 3.Map Alternate 3 would exclude Robbinsdale Learning Center as a school AND would reduce the buffer for the remaining school properties to 500 feet to match the other buffers. The alternate maps are attached. C.Consider applying cannabis buffer distances to off-sale alcohol and tobacco If the buffers are moved to the UDC, the Council could consider making off-sale alcohol and tobacco businesses subject to the same buffers. Due to nonconforming use rights, any existing off-sale or tobacco business that would not be in compliance with the buffers could continue (but not expand). The nonconforming use rights would only expire if the off-sale or tobacco business ceased operation for one year. COUNCIL DISCUSSION REQUESTED Staff requests Council discussion and direction regarding A, B, and C above. If the Council desires to move the buffer distances into the UDC, the next step would be to set a Planning Commission public hearing on a UDC text amendment. 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