HomeMy WebLinkAboutOctober 2, 2024 City Council Workshop Agenda Packet - resizedCITY OF FALCON HEIGHTS
City Council Workshop
City Hall
2077 West Larpenteur Avenue
AGENDA
Wednesday, October 2, 2024
6:30 P.M.
A.CALL TO ORDER:
B. ROLL CALL:GUSTAFSON____ LEEHY___
MEYER ___ MIELKE___ WASSENBERG___
STAFF PRESENT: LINEHAN___ VAN DER WERFF___
C. POLICY ITEMS:
1.Partners in Energy – Energy Action Plan
2.Adult-Use Cannabis
3. Livable Communities Act Grant Award Consideration
4.Community Park Renovation Update
5. Racial Covenant Discharging Update
6. Rental Inspections Code Changes
D.ADJOURNMENT:
DISCLAIMER: City Council Workshops are held monthly as an opportunity for Council Members to
discuss policy topics in greater detail prior to a formal meeting where a public hearing may be held and/or
action may be taken. Members of the public that would like to make a comment or ask questions about an
item on the agenda for an upcoming workshop should send them to mail@falconheights.org prior to the
meeting. Alternatively, time is regularly allotted for public comment during Regular City Council
Meetings (typically 2nd and 4th Wednesdays) during the Community Forum.
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BLANK PAGE
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Item Partners in Energy Program – Energy Action Plan Draft
Description
The Partners in Energy Program is a program from Xcel Energy that supports
communities by helping them develop energy action plans, identify the
barriers to implementation, and work to implement those goals. They assist
with forming teams within the community to play a role in developing the
Energy Action Plan by establishing energy objectives and strategies to help
achieve community goals.
For the past six months, the Environment Commission and Energy Action
Team have worked with team members from Xcel Energy and the Center for
Energy and Environment to support the community by characterizing its
energy use, identifying the City’s energy-related goals, and developing
engaging strategies to guide change toward Falcon Heights’ energy future.
Starting in January 2024, this Energy Action Plan was driven by a series of
open houses and planning workshops held in the community with a planning
team committed to representing local energy priorities. The community was
engaged through 3 surveys, 3 workshops, 2 open houses, 17 Energy Action
Team participants, 63 community energy survey respondents, and over 100
people at open houses.
The drafted Energy Action Plan is the outcome of this work. The Energy
Action Plan will guide the City by outlining actions that connect the
community through engaging residents, schools, business, and community
organizations. The actions help connect people to resources to meet their
energy needs while reaching the energy goals of the community as a whole.
Budget Impact None.
Attachment(s) - Drafted Executive Summary for the Falcon Heights Energy Action Plan
- Drafted Falcon Heights Energy Action Plan
- Drafted Falcon Heights Energy Action Plan, Workplan
Meeting Date October 2, 2024
Agenda Item Policy C1
Attachment See below.
Submitted By Hannah Lynch, Community
Development Coordinator
3
Action(s)
Requested Staff requests City Council discuss the drafted Energy Action Plan and
comment on any changes or edits to be made.
4
FALCON HEIGHTS
Energy Action Plan
Community Commitment
In the heart of Falcon Heights, a community
nestled amongst the State Fair grounds and
the University of Minnesota, citizens and City
leaders embarked on a transformative journey
to prioritize energy strategies that lead to a
sustainable and equitable future.
Focus Areas
Alleviating the
Energy Burden
The Energy Action Plan guides the city of
Falcon Heights by outlining actions that
connect the community through engaging
residents, schools, businesses, and
community organizations. The actions help
connect people to resources to meet their
energy needs while reaching the energy
goals of the community as a whole.
Enhancing Energy
Efficiencies in Buildings
Embracing Clean,
Renewable Energy
THE CONTENT OF THIS PLAN IS DERIVED FROM A SERIES OF PLANNING
WORKSHOPS AND EVENTS HOSTED BY XCEL ENERGY’S PARTNERS IN
ENERGY AND THE CITY OF FALCON HEIGHTS. THANK YOU TO THE FALCON
HEIGHTS ENERGY ACTION TEAM WHO CONTRIBUTED MANY HOURS OF
SERVICE TO CREATING OUR VISION, GOALS, AND STRATEGIES FOR THIS PLAN.
Our Vision
Falcon Heights prioritizes energy strategies that lead to a sustainable and equitable future.CON NECTING
CO
M
MUNITY
5
Energy Action Plan Goal
Falcon Heights will increase
our energy savings by 50%
and avoid and additional
34% of community-wide
greenhouse gasses by
2030 through additional
participation in energy
efficiency programs and
on-going renewable energy
participation.
Achieving the goal
Some of the strategies in the plan that will help reach our goal include
Impact and Results of
Plan Implementation
This is the equivalent of avoiding over
11 million pounds of coal or 1,125,000
gallons of gasoline being burned, and
the equivalent sequestering of carbon
from 165,351 trees seedlings grown
for 10 years!
This will result in a
substantial 65% increase
in dollars saved in our
community.
GHG
Work alongside
the University of
Minnesota and the
Minnesota State
Fair to collectively
achieve greenhouse
gas reduction in
our community.
Host community
workshops on energy
topics and program
opportunities.
Conduct outreach
to building owners
and managers with
energy information.PartnerEngageConnect residents
and businesses with
resources to meet
their energy needs.
Create incentives for
the community to
take energy actions.Support6
DRAFT
An Energy Action Plan for
Falcon Heights
September 2024
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Falcon Heights Energy Action Plan i
ACKNOWLEDGEMENTS
Thank you to the following individuals who contributed to developing this Energy Action Plan.
The content of this plan is derived from a series of planning workshops hosted by Xcel Energy’s
Partners in Energy. Partners in Energy is a two-year collaboration to develop and implement a
community’s energy goals. For information about the planning workshops, see Appendix D.
Energy Action Team
Name Organization
Lois Braun Resident
Amy Christiansen Environment Commission
Pedro De Filippo
Vannucci
Environment Commission and University of Minnesota
Student
Les Everett Resident
Adam Keester Environment Commission
Emma Kostecki Environment Commission and University of Minnesota
Student
John Larkin Resident
Peter Lindstrom Resident
Hannah Lynch Community Development Coordinator/Planner, City of Falcon Heights
Jared Mehlhaff Environment Commission
Beth Mercer-Taylor Environment Commission Chair
Paula Mielke City Council Liaison, City of Falcon Heights
Bruce Mielke Resident
John Pellegrini Environment Commission Vice Chair
Shubhechchha Sharma Resident
Michael Tracy Resident
Dean Walczak Resident
Partners in Energy Utility and Facilitation Team
Marcus Baker Partners in Energy Community Facilitator
Deirdre Coleman Partners in Energy Community Facilitator
Kelsey Poljacik Partners in Energy Data Lead
Paolo Spiern Partners in Energy Community Facilitator
Sofia Troutman Program Manager, Xcel Energy's Partners in Energy
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Falcon Heights Energy Action Plan ii
TABLE OF CONTENTS
Acknowledgements ...................................................................................................................... i
Glossary of Terms ...................................................................................................................... 3
Introduction ................................................................................................................................ 1
Our Engagement & Outreach Process ................................................................................... 1
Why We Want An Energy Action Plan .................................................................................... 2
Where We Are Now ................................................................................................................... 3
Community Demographics ..................................................................................................... 3
Energy Use and Savings ........................................................................................................ 4
Where We Are Going ................................................................................................................15
Energy Vision Statement .......................................................................................................15
Focus Areas ..........................................................................................................................15
Community Goal ...................................................................................................................16
How We Are Going to Get There...............................................................................................17
Focus Area 1: ........................................................................................................................17
Alleviating Energy Burden on Homeowners and Renters ......................................................17
Focus Area 2: ........................................................................................................................21
Enhancing Energy Efficiencies in Buildings ...........................................................................21
Focus Area 3: ........................................................................................................................25
Embracing Clean, Renewable Energy ...................................................................................25
Energy Action Plan Impact ....................................................................................................27
How We Stay On Course ..........................................................................................................29
Appendix A: Implementation Work Plan ....................................................................................30
Appendix B: Baseline Energy Analysis ......................................................................................32
Appendix C: Methodology for Measuring Success ....................................................................44
Appendix D: Xcel Energy’s Partners in Energy Planning Process .............................................50
About Xcel Energy’s Partners in Energy ................................................................................50
Plan Development Process ...................................................................................................50
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GLOSSARY OF TERMS
4 x 50: Xcel Energy’s privacy rule, which requires all data summary statistics to contain at least
four premises, with no single premise responsible for more than 50% of the total. Following
these rules, if a premise(s) is responsible for more than 50% of the total for that data set, it
is/they are removed from the summary.
Beneficial Electrification: Xcel Energy defines beneficial electrification (BE) as the
replacement of fossil fuel use with electricity that results in either lower costs, reduced
emissions, or more effective use of the power grid.
British Thermal Unit (BTU): the amount of heat needed to raise one pound of water at
maximum density through one degree Fahrenheit
Carbon-free: Carbon-free refers to sources of energy that will not emit additional carbon
dioxide into the air. Wind, solar and nuclear energy are all carbon free sources but only wind
and solar are renewable.
Carbon-neutral: Carbon-neutral, also described as “net zero”, could include carbon-free
sources but is broader and refers to energy that removes or avoids as much carbon dioxide as
is released over a set period of time. Carbon-neutral is sometimes used to describe a site that
produces an excess amount of electricity from a renewable energy source, such as solar,
compared to what it consumes. That excess energy is put back into the grid in an amount that
offsets the carbon dioxide produced from the electricity it draws from the grid when it is not
producing renewable energy.
Community Data Mapping: A baseline analysis of energy data in a geospatial (map) format
across the community.
Energy Conservation and Optimization Programs (ECO): Portfolio of approved utility energy
efficiency and demand management programs. Minnesota electric utilities have a goal of saving
1.5% of their total energy sales each year via customer conservation efforts. Minnesota natural
gas utilities have a goal of saving 0.5% of their total energy sales each year via customer
conservation efforts. ECO programs help Minnesota households and businesses use electricity
and natural gas more efficiently, lessening the need for new utility infrastructure. The Minnesota
Department of Commerce, Division of Energy Resources (DER) oversees ECO to ensure that
ratepayer dollars are used effectively in achieving those goals and that energy savings are
reported as accurately as possible.
Decatherm (Dth): Quantity of energy that is equivalent to ten therms.
Demand Side Management (DSM): Modification of consumer demand for energy through
various methods, including education and financial incentives. DSM aims to encourage
consumers to decrease energy consumption, especially during peak hours, or to shift time-of-
energy use to off-peak periods such as nighttime and weekend.
Direct Installation: Free energy-saving equipment installed by Xcel Energy or other
organization, for program participants, that produces immediate energy savings.
Energy Burden: Percentage of gross household income spent on energy costs.
10
Energy Reduction: The result of behavior changes that cause less energy to be used. For
example, setting the thermostat to a lower temperature reduces the energy used in your home
during the winter. Since energy reductions can be easily reversed, they are not accounted for
when calculating changes in energy usage.
Energy Savings: Comes from a permanent change that results in using less energy to achieve
the same results. A new furnace uses X% less energy to keep your home at the same
temperature (all things being equal), resulting in energy savings of X%. For accounting
purposes, energy savings are only counted in the year the new equipment is installed.
Greenhouse Gases (GHG): Gases in the atmosphere that absorb and emit radiation and
significantly contribute to climate change. The primary greenhouse gases in the earth's
atmosphere are water vapor, carbon dioxide, methane, nitrous oxide, and ozone.
Grid Decarbonization: The current planned reduction in the carbon intensity of electricity
provided by electric utilities through the addition of low- or no-carbon energy sources to the
electricity grid.
Kilowatt-hour (kWh): A unit of electricity consumption.
Million British Thermal Units (MMBtu): A unit of energy consumption that allows electricity
and natural gas consumption to be combined.
Metric Tons of Carbon Dioxide Equivalent (MTCO2e): A unit of measure for greenhouse gas
emissions. The unit "CO2e" represents an amount of a greenhouse gas whose atmospheric
impact has been standardized to that of one unit mass of carbon dioxide (CO2), based on the
global warming potential (GWP) of the gas.
Megawatt (MW): A unit of electric power equal to 1 million watts.
Premise: A unique combination of service address and meter. For residential customers, this is
the equivalent of an individual house or dwelling unit in a multi-tenant building. For business
customers, it is an individual business, or for a larger business, a separately-metered portion of
the business’s load at that address.
Renewable Energy Certificate (REC): For every megawatt-hour of clean, renewable electricity
generation, a renewable energy certificate (REC) is created. A REC embodies all of the
environmental attributes of the generation and can be tracked and traded separately from the
underlying electricity. Also known as a Renewable Energy Credit.
Resilience: The ability to prepare for and adapt to changing conditions and withstand and
recover rapidly from disruptions. Resilience includes the ability to withstand and recover from
deliberate attacks, accidents, or naturally occurring threats or incidents.
Recommissioning: An energy efficiency service focused on identifying ways that existing
building systems can be tuned up to run as efficiently as possible.
Solar Garden: Shared solar array with grid-connected subscribers who receive bill credits for
their subscriptions.
Solar Photovoltaic (PV): Solar cells/panels that convert sunlight into electricity (convert light, or
photons, into electricity, or voltage).
11
Subscription: An agreement to purchase a certain amount of something in regular intervals.
Therm (thm or therm): A unit of natural gas consumption.
Trade Partner: Trade Partners, also known as Trade Allies or Business Trade Partners, are
vendors and contractors who work with business and residential customers servicing, installing,
and providing consulting services regarding the equipment associated with utility rebate
programs. Their support for utility programs can range from providing equipment and assisting
with rebate paperwork, to receiving rebates for equipment sold.
12
13
14
Falcon Heights Energy Action Plan 1
INTRODUCTION
Falcon Heights has made great progress toward their energy goals in our 2020 Comprehensive
Plan through the creation of an Environmental Commission, GreenStep city participation, EV
Smart Cities Program, SolSmart city participation, and renewable energy commitments. With an
eye toward climate planning, an energy plan will advance and accelerate these efforts.
Our Engagement & Outreach Process
The creation of this Energy Action Plan was a six-month process to help support our community
by characterizing its energy use, identifying our energy-related goals, and developing engaging
strategies to guide change toward our energy future. Starting in January 2024, the Energy
Action Plan was driven by a series of open houses and planning workshops held in the
community with a planning team committed to representing local energy priorities in
collaboration with City of Falcon Heights and Xcel Energy Partners in Energy. By the numbers,
we engaged the community through 3 surveys, 3 workshops, 2 open houses, 17 Energy Action
Team participants, 63 community energy survey respondents and over 100 people at open
houses. See Appendix D for more information about the planning process and Xcel Energy
Partners in Energy.
Figure 1. Photographs from Falcon Height’s Spring Together event in Curtis Park, May 2024
15
Falcon Heights Energy Action Plan 2
Why We Want An Energy Action Plan
The City of Falcon Heights recognizes the urgency of addressing climate change and has
committed to taking action by signing a resolution in January 2023 that declares a climate crisis.
This commitment involves developing a City Climate Action Plan with input from residents,
businesses and nonprofit organizations, in collaboration with other entities working on climate
action in the community.
As a GreenStep City, Falcon Heights aims to contribute to Minnesota's goal of achieving net-
zero emissions by 2040. A key aspect of this effort is addressing the energy inefficiency of the
city’s older homes and multi-family buildings. Partners in Energy can provide valuable expertise
to assess the current energy situation and guide the City in implementing effective measures.
The Energy Action Plan is crucial for addressing several pressing issues, including inefficient
housing, emissions from the State Fair, idling vehicles, potential redevelopment of the University
of Minnesota golf course, and gaining a comprehensive understanding of the city’s current
energy landscape. By identifying and focusing on the most significant concerns, Falcon Heights
can ensure that its efforts are strategic and impactful.
16
Falcon Heights Energy Action Plan 3
WHERE WE ARE NOW
An integral part of the Partners in Energy planning process is reviewing historical energy data to
inform our community’s energy baseline. Xcel Energy provided data on energy use, participation
counts and utility energy conservation program savings for Falcon Heights, as detailed in the
following sections. See Appendix A: Baseline Energy Analysis for a comprehensive picture of
Falcon Heights baseline energy data.
Community Demographics
As of 2022, Falcon Heights had a population of just over 5,200 people living in approximately
2,200 housing units.1 Falcon Heights residents identify as White (75%), Asian (13%) and Black
(6%), and 22% of residents speak a language other than English. Falcon Heights has a poverty
rate of 7%, with a median household income of $87,750. With 90% of its housing built before
2000, most Falcon Heights residents live in housing stock with significant opportunity for energy
efficiency improvements because of aging buildings and equipment. Additionally, 39% of the
housing units in Falcon Heights are renter-occupied, presenting unique opportunities for energy
efficiency measures targeted at renters and property owners. Figure 1 shows a community
demographic profile for Falcon Heights.
1 Data source: U.S. Census Bureau American Community Survey, 2022 5-year estimates
17
Falcon Heights Energy Action Plan 4
Figure 1. Overview of Falcon Heights community demographics
Energy Use and Savings
Premises
Xcel Energy provides electricity and natural gas to Falcon Heights residents and businesses. In
2023, Falcon Heights consisted of 2,413 distinct utility premises, which are a unique
combination of service address and meter. For residential customers, this is the equivalent of an
individual house or dwelling unit in a multi-tenant building. For business customers, it is an
individual business, or for a larger business, a separately metered portion of the business’ load
at that address. Most Falcon Heights premises are residential, followed by a portion of
commercial and industrial premises, and finally a small number of City-owned municipal
premises (Figure 2).
Figure 2. Total premises by sector, 2022
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Falcon Heights Energy Action Plan 5
Grid Energy Use
On average over the baseline period (2021–2023), the Falcon Heights community consumes
nearly 30 million kWh and about 2.4 million therms of natural gas each year across all sectors
(Figure 3). To compare electricity and natural gas consumption on a common measure of
energy, total energy consumption can be calculated by converting both electricity and natural
gas into British thermal units, displayed here as million British thermal units (MMBtu).
Although the commercial and industrial sector only makes up 12% of total premises in Falcon
Heights, it accounts for over half the total energy consumption. Commercial and industrial
premises use significantly more energy on average per premise than residential premises, a
typical pattern for cities like Falcon Heights.
Figure 3. Average annual energy consumption by sector, 2021–2023
During the three-year baseline period, Falcon Heights saw an overall increase in electricity
consumption, with a 5% increase in electricity consumption in 2023 compared to 2021.
Electricity use in the residential sector increased slightly by 1% between 2021 and 2023, while
the commercial and industrial sector increased by 8% over the same period; the municipal
sector in Falcon Heights increased by 15% (Figure 4).
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Falcon Heights Energy Action Plan 6
Figure 4. Electricity consumption by sector and cooling degree days, 2021–2023
Similarly, natural gas consumption in Falcon Heights was greater in 2023 compared to 2021,
with an overall increase of 10% in community-wide usage. Natural gas consumption in the
residential sector increased by 9% between 2023 and 2021, and 11% in the commercial and
industrial sector over this period; the municipal sector saw an increase of nearly 50%, though
the municipal sector makes up only a small portion of community-wide consumption (Figure 5).
The fluctuations in natural gas consumption between 2021 and 2023 correlate with cooler
temperatures, measured by heating degree days (HDD), as shown in the figure below.
13 13 13
16 16 17
29 29 30
0
200
400
600
800
1000
1200
1400
0
5
10
15
20
25
30
35
2021 2022 2023 Cooling Degree Days (CDD)kWhMillionsElectricity Consumption
Residential Commercial and Industrial Municipal CDD
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Falcon Heights Energy Action Plan 7
Figure 5. Natural gas consumption by sector and heating degree days, 2021–2023
Energy Costs and Energy Burden
During an average year, Falcon Heights spends a total of about $6.2 million on energy fuel
costs for electricity and natural gas (Figure 6). More than half (54%) of these costs are spent by
the commercial and industrial sector, with total annual average fuel costs at just over $3.3
million. The remaining 46% is spent primarily by the residential sector, with an annual total of
$2.8 million, and the municipal sector, spending about $30,000 annually on average.
Figure 6. Total average annual electricity and natural gas fuel costs by sector, 2021–2023
1.1 1.3 1.2
1.1
1.2 1.2
2.1
2.5 2.4
0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
0.0
0.5
1.0
1.5
2.0
2.5
3.0
2021 2022 2023 Heating Degree Days (HDD)thermsMillionsNatural Gas Consumption
Residential Commercial and Industrial Municipal HDD
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Falcon Heights Energy Action Plan 8
Table 1. Annual fuel costs by sector and fuel type, 2021–2023
Sector Annual
Electricity Costs
Annual Natural
Gas Costs
Annual Cost per
Premise
Residential $1,820,262 $1,044,552 $1,384
Commercial & Industrial $2,403,249 $929,222 $11,873
Municipal $22,055 $7,421 $1,734
Total $4,245,566 $1,981,195 -
Energy burden is the percentage of income that a resident spends on energy bills. A high
energy burden is defined as spending 6% or more of household income on energy costs, while
a severe energy burden is 10% or greater of household income.2 In Falcon Heights, the
residents with the highest energy burden are those living in owner-occupied housing with
incomes between 0–30% of area median income (AMI), with an estimated energy burden of
24% (Figure 7).3 Approximately 52 owner-occupied housing units fall within this category.
Energy burden remains high for owner-occupied residents even as household income
increases, until AMI is met. In renter-occupied housing, energy burden is highest for those with
the lowest incomes but alleviated at higher rates of household income. Figure 8 shows the
distribution of households across these ranges of AMI, by owner status.
2 ACEEE: How High Are Household Energy Burdens? An Assessment of National and Metropolitan
Energy Burdens across the U.S. https://www.aceee.org/research-report/u2006
3 Energy burden data sourced from Department of Energy Low-Income Energy Affordability Data (LEAD) tool. https://www.energy.gov/scep/slsc/lead-tool
22
Falcon Heights Energy Action Plan 9
Figure 7. Average energy burden by owner status and median income
Figure 8. Household count and percent of total households by income and owner status in Falcon Heights
24%
10%
6%6%
2%
10%
4%2%2%2%
0%
5%
10%
15%
20%
25%
30%
0% - 30%30% - 60%60% - 80%80% - 100%100%+Energy BurdenPercent of Area Median Income
Average Energy Burden as Percent of Income
Falcon Heights
Owner-occupied Renter-occupied
2%
8%
4%6%
39%
12%14%
5%4%5%
0
100
200
300
400
500
600
700
800
900
0-30%30-60%60-80%80-100%100%+Number of HouseholdsPercent of Area Median Income
Number and Percent of Falcon Heights
Households by Income and Owner Status
Owner Occupied Renter Occupied
23
Falcon Heights Energy Action Plan 10
Greenhouse Gas Emissions
Greenhouse gas emissions are calculated for both electricity and natural gas consumption for
all sectors in Falcon Heights (Figure 9). Energy-related greenhouse gas emissions in Falcon
Heights in 2023 totaled to over 20,000 metric tons of carbon dioxide equivalent (MTCO2e). In
2023, the commercial and industrial sector accounted for 52% of the total emissions, the
residential sector made up about 47% of total emissions, and the municipal sector was
responsible for the remaining nearly 1%.
Figure 9. Energy-related greenhouse gas emissions, 2021–2023
Figure 10 shows the breakdown of greenhouse gas emissions by both sector and fuel type in
2023. The largest proportion of greenhouse gas emissions (62%) came from natural gas
consumption, with an even split between the commercial and industrial and residential sectors.
The remaining energy-related emissions were from electricity emissions, where the commercial
and industrial sector accounted for about 21% of community-wide electricity emissions and the
residential sector accounted for 16%. As Xcel Energy decarbonizes its grid, the overall
proportion of electricity emissions is expected to decrease over time, which will make natural
gas emissions higher as a proportion of total energy-related emissions.
9 10 10
10 11 10
20
21 20
0
5
10
15
20
25
2021 2022 2023MT CO2eThousandsGreenhouse Gas Emissions
Residential Commercial and Industrial Municipal
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Falcon Heights Energy Action Plan 11
Figure 10. Energy-related greenhouse gas emissions by sector and fuel type, 2021–2023
Renewable Energy
Falcon Heights residents and businesses support renewable energy through Xcel Energy
subscription programs, community solar gardens and on-site offerings (Table 2). In Falcon
Heights, most renewable energy support comes from the residential sector, where 180 residents
subscribe to Renewable*Connect and Renewable*Connect Flex amounting to a total of 818,449
kWh subscribed in 2022. Additionally, as of 2023, 36 residents have on-site solar and 25
residents participate in Solar*Rewards Community, which allows residents and businesses to
subscribe to community solar gardens without needing equipment installed.
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Falcon Heights Energy Action Plan 12
Table 2. Participation and kWh subscriptions in Xcel Energy renewable energy offerings, 2022 and 20234
Residential Commercial & Industrial Municipal
Renewable*Connect & Renewable*Connect Flex® (2022)
Subscriber Count 180 0 0 Total Annual Electricity Subscribed (kWh) 818,449 0 0
Community Solar Gardens –
Solar*Rewards® Community (2023)
Subscriber Count 25 5 6
Total Annual Electricity Subscribed (kWh) 169,924 180,904 55,508
On-Site Solar – Solar*Rewards® and Net-Metering (2023)5
Subscriber Count 44 8
-
Total Electricity Capacity (kW) 316 742
-
In addition to renewable energy support from residents, as of 2023, five commercial and
industrial customers in Falcon Heights have on-site solar, one of those installations is on the
City Hall building. Five commercial and industrial customers subscribe to Solar*Rewards
Community along with six municipal subscribers.
Energy Efficiency Program Participation & Savings
Both residential and commercial and industrial premises in Falcon Heights are already
participating in Xcel Energy’s efficiency offerings for which they can receive rebates for
upgrading equipment, receiving a building audit or managing their demand through rate savings
programs, among other opportunities. Participation in these programs results in energy savings
for participants. In Falcon Heights, residents and businesses saved an annual average of
222,000 kWh of electricity per year over the three-year baseline period, and 39,000 therms of
natural gas (Table 3).
4 2023 metrics for Renewable*Connect and Renewable*Connect Flex program participation in Falcon
Heights were not available at the time of energy action planning.
5 Source: Xcel Energy 2023 Community Energy Report for Falcon Heights
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Falcon Heights Energy Action Plan 13
Table 3. Falcon Heights average program participation and savings by sector in Xcel Energy DSM
offerings, 2021–2023
Program Sector Average Annual Participation
Average
Electricity Savings (kWh)
Average Natural
Gas Savings (therms)
Residential 200 35,374 15,660
Income-Qualified 2 517 63
Commercial & Industrial 32 186,183 23,326
Total 233 222,074 39,049
Program participation in Falcon Heights occurs most in select Xcel Energy efficiency offerings
for each sector. Residents participated in and saw the most energy savings from Residential
Heating and Cooling, where residents receive rebates for upgrading to more efficient equipment
(Table 4). In the income-qualified sector, residents are participating in Home Energy Savings
Program and the low-income version of Home Energy Squad (Table 5). In the commercial and
industrial sector, businesses are already participating in numerous programs, with the highest
participation in HVAC+R Efficiency, the highest electricity savings from the Lighting Efficiency
program and the greatest natural gas savings from Efficiency Controls (Table 6).
Table 4. Average program participation and savings in Xcel Energy residential DSM programs, 2021–2023
Residential Program Average Annual Participants
Average Annual Electricity Savings (kWh)
Average Annual Natural Gas Savings (therms)
Home Energy Audit 18 - -
Home Energy Squad 11 5,894 388
Insulation Rebate 7 1,515 2,524
Refrigerator Recycling 7 6,237 -
Residential Heating and Cooling 87 20,551 12,201
Residential Saver's
Switch 22 24 -
Smart Thermostat 39 1,074 380
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Falcon Heights Energy Action Plan 14
Table 5. Average program participation and savings in Xcel Energy income-qualified residential DSM
programs, 2021–2023
Income-Qualified Program Average Annual Participants
Average Annual Electricity Savings (kWh)
Average Annual Natural Gas Savings (therms)
Home Energy Savings Program 1 381 52
Low-Income Home Energy Squad 1 136 11
Table 6. Average program participation and savings in Xcel Energy commercial and industrial DSM
programs, 2021–2023
Commercial & Industrial Program Average Annual Participants
Average Annual Electricity Savings (kWh)
Average Annual Natural Gas Savings (therms)
Efficiency Controls 2 0 9,207
HVAC+R Efficiency 19 13,419 3,817
Lighting Efficiency 1 27,060 -
Multi-Family Building
Efficiency 2 21,091 1,044
Small Business Lighting 1 4,428 0
Smart Thermostats for
Business 5 1,294 257
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Falcon Heights Energy Action Plan 15
WHERE WE ARE GOING
Energy Vision Statement
During the planning process, the Energy Action Team created a vision statement for this Energy
Action Plan. This statement helped guide the planning process and reflects the intention of the
community.
Focus Areas
To achieve a community-wide commitment to energy stewardship, the Energy Action Team
identified the following focus areas to prioritize strategies and resources. They used the data to
guide the selection of the following focus areas and stress the importance that these focus
areas have in engaging and connecting the community.
Vision Statement
Falcon Heights prioritizes energy strategies that lead to a sustainable and equitable future.
Energy Burden
•Renters
•Homeowners
Building Energy
•Multi-family buildings•Large and small business
•Municipal Energy
Clean Energy
•Electrification
•Renewables
•EVs
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Falcon Heights Energy Action Plan 16
These focus areas were chosen to provide a holistic approach to energy stewardship and aid in
meeting the community’s energy needs and goals.
Community Goal
The Energy Action Team set goals that complement the existing energy and climate goals using
the utility data, a feel for the community’s ambition level and a feasible timeline.
Goal: Falcon Heights will increase energy savings by 50% and avoid an additional
34% of community-wide greenhouse gas emissions by 2030.
Figure 11. Cumulative Avoided Greenhouse Gas Emissions (Xcel Energy Data)
Xcel Energy Fuel Mix, Certified Renewable Percentage and Goals
Falcon Heights is served by Xcel Energy for the community’s electric and natural gas needs.
Community members can understand their own fuel mix by understanding the utilities current
mix and goals for the future. An energy portfolio can be found on the Xcel Energy website, as
well as the Certified Renewable Percentage and future energy goals.
Figure 12. Xcel Energy 2023 Power Generation in the Upper Midwest
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Falcon Heights Energy Action Plan 17
HOW WE ARE GOING TO GET THERE
The following strategies, organized by focus area, have timelines that help prioritize the work
into short, medium and long-term actions. The timeframes associated with these categories are
meant to fit within the Partners in Energy implementation period for the program to best support
these actions as Falcon Heights continues to implement this plan in subsequent years. The
Energy Action Team also identified specific communication tools, financing options and
community partners as a part of this plan. These potential partners and communication
organizations have not yet agreed to be a part of this work but are mentioned in each strategy to
be considered.
A Connected and Educated Community
Through these comprehensive high-level strategies, Falcon Heights will foster a more connected and more educated community. By addressing energy burdens, enhancing building
efficiencies and embracing renewable energy, the city will create a sustainable and resilient environment for all its residents. United by a common goal, the people of Falcon Heights will not only improve their own lives but also set an inspiring example for communities everywhere.
Focus Area 1:
Alleviating Energy Burden on Homeowners and Renters
The City of Falcon Heights understands that energy costs can be a significant
burden, especially for those with limited incomes and inefficient homes. The City will launch a series of strategic actions aimed at easing high energy burden and ensuring that all residents can afford to keep their homes warm and lights on.
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Falcon Heights Energy Action Plan 18
Strategy 1: Conduct Energy Outreach in Schools
Falcon Heights Elementary School will be encouraged to integrate energy education into their
curriculum, teaching students about conservation and efficiency. These young ambassadors
can take their knowledge home, sharing energy-saving tips and resources with their families.
Actions: Partnerships / Resources:
A) Identify school and teacher partnerships and work with those partners to understand classroom needs.
Teachers, School Board, City of Falcon Heights, Empowered Schools (see action 1D)
B) Develop materials and activities that support appropriate energy engagement according to school partners.
Partners in Energy, City of Falcon Heights, Xcel Energy student toolkit
C) Ask school library or other entities to host educational events regarding energy efficiency / conservation and renewable energy.
Elementary school library and University of Minnesota libraries
D) Encourage partnering with “EmPowered Schools” program to
Neighboring School Districts
Empoweredschools.org, Falcon Heights Elementary School, Roseville School District
E) Utilize the Minnesota GreenStep School Program to show students that their school is leading the way in
energy conservation and reducing environmental impacts.
MN GreenStep School Program: https://sites.google.com/umn.edu/mngreenstepscho
ols/home, Falcon Heights Elementary School, City of Falcon Heights
Communication: Direct communication with elementary school and City of Falcon Heights
Timeline: 1–6 months
Strategy 2: Develop Neighborhood Energy Liaisons
Local liaisons, equipped with energy knowledge, will play a crucial role in bridging the gap between resources and residents. These trusted neighborhood figures will provide personalized guidance on energy-saving practices and available support programs, focusing on equity and inclusion.
Actions: Partnerships / Resources:
A) Call for community volunteers by the City. Community Engagement Commission (CEC), Environment Commission, City of Falcon Heights B) Provide Xcel Energy and supporting energy resources to the volunteers to share with their neighbors / associations.
Neighborhood Liaisons at CEC, Homeowner Associations, City of Falcon Heights, Partners in Energy
C) Develop resources for volunteers to share with neighbors (e.g., template emails, National Night Out activities, NextDoor posts, website content, etc.).
Neighborhood Liaisons at CEC, City of Falcon Heights, Partners in Energy, Falcon
Heights GreenCorps Member
Communication: City of Falcon Heights website / newsletter, handouts, emails, social media
Timeline: 1–6 months
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Falcon Heights Energy Action Plan 19
Strategy 3: Increase Access to Renter Resources
To support renters, the City will promote access to various Xcel Energy programs and resources, including assistance programs for energy bills and weatherization services. The City will ensure that renters are well-informed and can easily access the help they need. Actions: Partnerships / Resources:
A) Provide renters with information about applicable energy rebates
Xcel Energy, City of Falcon Heights, resident groups, Multi-family building owners/managers, Falcon Heights
GreenCorps Member
B) Raise awareness of assistance programs for those renters who are affected by a higher energy burden or lower-income household.
Xcel Energy, City of Falcon Heights, census
data, resident advocacy groups, food shelves
Communication: City of Falcon Heights direct to renter community
Timeline: 1–6 months
Strategy 4: Promote Home Energy Assessments
An emphasis on free home energy audits will empower residents to identify inefficiencies in their homes. Armed with this information, they will be able to take steps to reduce their energy consumption and costs. They may also become more aware of available rebates and other incentives. Actions: Partnerships / Resources:
A) Promote home energy assessments Partners in Energy, City of Falcon Heights, Xcel Energy B) Showcase residents who have had home energy assessments and made improvements in their home as a result. City communications, Partners in Energy
Communication: Events, CEC, Environment Commission,
NextDoor website or other websites
Timeline: 6-12 months
Strategy 5: Provide Accessible Energy Communication
Developing clear and accessible communication channels will be vital. The City of Falcon Heights will establish partnerships with local media and/or community organizations to disseminate information about energy resources, ensuring that all residents are aware of the support available to them. Actions: Partnerships / Resources: A) Create an Energy Action Hub on the City of Falcon Heights’ website to disseminate information about energy resources.
Partners in Energy, City of Falcon Heights, Falcon Heights GreenCorps Member
B) Establish partnerships with community
organizations and/or Falcon Heights specific publications to bring awareness to residents.
Park Bugle (nonprofit community
newspaper), City of Falcon Heights, Falcon Heights Church C) Include energy educational resources on the City of Falcon Heights email newsletter. City of Falcon Heights
Communication: City communications
Timeline: 1-6 months
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Falcon Heights Energy Action Plan 20
Strategy 6: Highlight Energy Saving and Clean Energy Testimonials
Promoting positive experiences that residents have had with the home assessments and other energy projects could increase their demand. The City of Falcon Heights will encourage residents to share their testimonials and experiences publicly to inspire more residents and business owner to participate.
Actions: Partnerships / Resources: A) Showcase positive testimonials in the City’s newsletter, blog and articles in local
media.
Park Bugle, Partners in Energy, City of Falcon Heights
B) Postcard mail out campaign of testimonials from residents to other residents, Partners in Energy, City of Falcon Heights
C) Postcard mail out campaign of testimonials from business owners to other businesses. Partners in Energy, City of Falcon Heights
D) Share testimonials at St Paul Chamber of Commerce meetings.
Energy Action Team members, St Paul
Chamber of Commerce, Environment Commission
Communication: Post card mail outs, newsletters, emails, blogs, and presentation Timeline: 6–12 months
Strategy 7: Develop and Sustain Partnerships that Support Community Energy Equity
Goals
Developing relationships with key partners will help reach Falcon Heights energy and equity
goals while helping community members thrive.
Actions: Partnerships / Resources: A) Connect with Commonwealth Terrace Cooperative (CTC) to Improve Living
Conditions through energy projects for Student Housing
CTC, Xcel Energy, U of MN,
B) Form partnership with neighboring city councils to coordinate energy equity projects that are mutually beneficial
City of Falcon Heights, St. Paul, Roseville, Lauderdale
Communication: Energy Action Team, City Communications
Timeline: 12-24 months
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Falcon Heights Energy Action Plan 21
Focus Area 2:
Enhancing Energy Efficiencies in Buildings
Improving energy efficiency in buildings will be another cornerstone of Falcon Heights' strategy. The City's approach will combine regulatory measures, incentives, and outreach to create a culture of energy efficiency across all types of buildings.
Strategy 1: Support Energy Improvements
To encourage landlords to invest in energy efficient upgrades, the City will tie energy improvements in rental properties to deductions in rental license fees. This will make it financially beneficial for landlords to improve living conditions for tenants. Actions: Partnerships / Resources:
A) Create and promote City incentives and/or recognition for energy efficient multi-family buildings. City of Falcon Heights, Partners in Energy
B) Review and revise City code to remove barriers to more energy efficient multi-family buildings.
City of Falcon Heights, Planning Commission, Environment Commission, City Council
C) Encourage multi-family buildings to periodically re-invest in energy efficient improvements that have a reasonable payback period.
City of Falcon Heights, City Council
D) Support incentives for retrofits and redevelopment of existing multi-family buildings to improve energy while
respecting the historic integrity of buildings and communities.
City of Falcon Heights, City Council
Communication: City communications Timeline: 12–24 months
Strategy 2: Incentivize and Recognize Energy Efficiency Projects
The City of Falcon Heights will introduce creative motivations to motivate residents and
businesses to reduce their energy consumption. E.g. Monthly drawings for gift cards, yard signs recognizing energy efficient homes and public acknowledgments Actions: Partnerships / Resources: A) Be present at community events with resources and tips to encourage businesses and residents to reduce energy consumption.
City of Falcon Heights, Falcon Heights Elementary School, Senior Center, State Fair, Falcon Heights Farmers’ Market
B) Request that homeowners who have made significant energy efficiency improvements temporarily display an energy conservation yard sign.
Partners in Energy, City of Falcon Heights
C) Publicly acknowledge homeowners and business owners in the City’s email newsletter for energy conservation efforts.
Falcon Heights’ Email Newsletter, Partners in Energy
Communication: City website and e-newsletter, in-person community events Timeline: 6-12 months
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Falcon Heights Energy Action Plan 22
Strategy 3: Partner with the State Fair to Encourage Energy Projects
The annual State Fair can become a platform for promoting energy projects. Interactive exhibits and demonstrations could showcase innovative energy solutions, inspiring residents and visitors alike to adopt more sustainable practices. Actions: Partnerships / Resources:
A) Draft proposal to partner with State Fair to encourage joint energy projects. Minnesota State Fair, City of Falcon Heights, Environment Commission
Communication: City communications Timeline: 6-12 months
Strategy 4: Encourage Efficient Electric Heating Technologies
To further enhance energy efficiency, Falcon Heights will encourage the adoption of electric
heating options in buildings. Incentive programs and educational campaigns will highlight the long-term savings and environmental benefits of switching to cold climate heat pumps and heat pump rooftop units.
Actions: Partnerships / Resources:
A) Create targeted outreach programs to educate business owners and owners of multi-family buildings about the benefits of electric heating options.
City of Falcon Heights, Partners in Energy, Falcon Heights GreenCorps Member
B) Host workshops and informational sessions to highlight benefits of adopting efficient electric heating technologies.
Owners/managers of multi-family buildings, City of Falcon Heights, Partners in Energy
C) Encourage building owners who have already installed air source heat pumps to share their success stories with other building
owners through presentations, open houses and business networking events.
Owners/managers of multi-family buildings, City of Falcon Heights, Chamber of
Commerce
D) Assist businesses and workforce to keep up to date on technological advances in building energy. Provide outreach to local businesses to assist in these educational efforts.
Owners/managers of multi-family buildings, City of Falcon Heights, Chamber of Commerce, Partners in Energy
E) Recommend energy improvements for rental properties during annual inspections. Provide an opportunity to educate building owners about energy improvements annually, giving updates on electrification technology and available incentives.
Owners/managers of multi-family buildings, City of Falcon Heights
Communication: City communications, City e-newsletter
Timeline: 6–12 months
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Falcon Heights Energy Action Plan 23
Strategy 5: Form Climate Action Partnership with the University of Minnesota
Partnering with the University of Minnesota could reduce carbon emissions. The City will seek collaboration with the University to reduce carbon in the atmosphere and add electric vehicle (EV) chargers.
Actions: Partnerships / Resources: A) Draft a proposal for collaboration between the City Council and the University of
Minnesota and find a way forward.
City Council, University of Minnesota, Energy Action Team
B) Advocate for increasing EV charging infrastructure on and off campus. University of Minnesota, Partners in Energy, EV toolkit, City of Falcon Heights C) Encourage charging infrastructure on new developments and retrofits, especially multi-family buildings and businesses. Support the
continued development of charging infrastructure for EVs.
University of Minnesota, Partners in Energy,
EV toolkit, MF building owners/managers, City of Falcon Heights, Environment Commission, Planning Commission
Communication: City communications to University of Minnesota
Timeline: 6-12 months
Strategy 6: Collaborate with Metro Transit
Work with Metro Transit to have electric buses on the Rapid Transit A Line and Route 121 to reduce GHG emissions. The City will make official requests and inquiries to Metro Transit to help make this possible.
Actions: Partnerships / Resources:
A) Draft, send and follow up on a request to Metro Transit to have electric buses on routes.
City Council, Metro Transit, and Energy Action Team
Communication: City communications to Metro Transit
Timeline: 12-24 months
Strategy 7: Reduce Costs of Home Energy Assessments for Residents Create a program that would pay for residents to have complimentary or reduced cost home energy assessment visits. The City could eliminate any financial objection for residents.
Actions: Partnerships / Resources:
A) Address economic barriers for residents who may be hard to reach or under-represented in the community and increase home energy assessment visits by promoting free visits.
Community Engagement Commission (CEC), Environment Commission, City of Falcon Heights
Communication: City communications through CEC, City
newsletter
Timeline: 6-12 months
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Falcon Heights Energy Action Plan 24
Strategy 8: Showcase Existing Energy Projects in Homes and Businesses
Provide opportunities for tours of voluntary residents' homes or local businesses who have exemplary energy efficient integrations. These could also be showcased at a local energy fair. The City will encourage and support events like these to increase the adoption of energy efficient technologies.
Actions: Partnerships / Resources:
A) Identify homes and businesses that have
already undergone energy projects. City of Falcon Heights, Partners in Energy
B) Recognize those who would wish to participate in open house tours and set up tour dates for groups to visit. City of Falcon Heights, Resident volunteers
C) Host a local energy fair in Falcon Heights and encourage citizen and local business
participation.
City of Falcon Heights, Partners in Energy, Business Partners
Communication: City e-newsletter to residents
Timeline: 1–6 months
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Falcon Heights Energy Action Plan 25
Focus Area 3:
Embracing Clean, Renewable Energy
In our quest for a sustainable future, Falcon Heights residents will also focus on clean, renewable energy. Our strategies will aim to make renewable energy accessible and practical for everyone in our community.
When a resident or business participates in an Xcel Energy renewable energy program, renewable energy credits (RECs) may be kept by the customer or delegated back to Xcel Energy depending on the program. To learn more about RECs and how they work, visit https://mn.my.xcelenergy.com/s/renewable/renewable-energy-claims
Strategy 1: Support a Group-Buy Solar Option
The City of Falcon Heights will support or organize a group-buy solar option, making it easier and more affordable for residents to install solar panels. By pooling their purchasing power, residents may access significant discounts on solar installations.
Actions: Partnerships / Resources: A) Contact and form a collaboration with Solar United Neighbors (SUN) to help
residents and businesses bulk buy solar.
City of Falcon Heights, SUN
B) Pursue grants to assist with the installation of solar panels on homes and businesses. This financial support will make renewable
energy a viable option for more residents, reducing the City's overall carbon footprint.
City of Falcon Heights
Communication: City communications to SUN Timeline: 12-24 months
Strategy 2: Solar Arrays on Future Buildings
The City will continue to lead by example, installing solar panels on future public buildings like what was done for City Hall as well as promote future buildings in the city to accommodate arrays where feasible. Actions: Partnerships / Resources: A) Request proposals for solar installations on any future municipal buildings. City of Falcon Heights
B) Partner with one or more solar installation companies to recommend to buildings in the City.
City of Falcon Heights and solar installation companies
C) Explore grants for installation of solar for
businesses and buildings.
City of Falcon Heights, State and Federal
grant programs
Communication: City Staff to Solar Installation companies
Timeline: 12-24 months
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Falcon Heights Energy Action Plan 26
Strategy 3: Promote Renewable Subscription and On-site Options for Residents
Existing Xcel Energy programs allow residents to install on-site as well as subscribe to renewable energy programs to support renewable energy. These programs can be especially helpful to renters and homeowners with shaded roofs families who cannot, or don’t want to invest in on-site options.
Actions: Partnerships / Resources: A) Encourage subscription and on-site opportunities to residents during events and
on the City website.
City of Falcon Heights, Partners in Energy, Xcel Energy
B) Share incentives for renewable energy options with renters though email and mailing campaigns.
Partners in Energy, Multi-family building
owners/managers, resident groups
Communication: City e-newsletter to residents, workshops, events, etc.
Timeline: 6-12 months
Strategy 4: Partner with the University of Minnesota to Encourage Renewable Energy
A partnership with the University will bring cutting-edge research and innovation to the community. Collaborative energy projects will benefit the City, providing new solutions and technologies to enhance sustainability.
Actions: Partnerships / Resources:
A) Reach out to the University of Minnesota
to form a collaboration centered on renewable energy technologies.
City of Falcon Heights, University of Minnesota, Partners in Energy
B) Partner with the University of Minnesota to help share incentives for renewable energy programs to multi-family building owners, residents and students.
University of Minnesota, Multi-family building owners/managers, Partners in Energy
Communication: City communications to University of Minnesota Timeline: 6-12 months
Strategy 5: Establish a Reliable Workforce in Renewable Energy Applications
Falcon Heights will establish support systems to help residents enter and access skilled workforce versed in current energy technologies that support the City’s growing energy initiatives. Actions: Partnerships / Resources: A) Host workshops to educate the community on renewable energy topics and resources while connecting professionals with residents and residents with training options.
Partners in Energy, Xcel Energy, public spaces/hosts, resident and business partners
B) Support and promote workforce opportunities in renewable energy industry Xcel Energy, City of Falcon Heights, Partners in Energy, workforce partners
Communication: City e-newsletter to residents, workshops, events
Timeline: 12-24 months
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Falcon Heights Energy Action Plan 27
Energy Action Plan Impact
Achieving the energy efficiency and renewable energy targets laid out in this plan will result in
increased energy efficiency program participation, greater electricity and natural gas savings,
and an increase in avoided greenhouse gas emissions compared to a business as usual (BAU)
scenario. Compared to the BAU scenario of 1,352 program participants between 2025 and
2030, the goal scenario projects an additional 384 participants in Xcel Energy DSM offerings
over this time for a total of 1,736 participants (Table 7).
Table 7. Business as usual and goal scenario target participation in Xcel Energy DSM offerings, by
sector, 2025–2030
Sector Participation Count – Business as Usual
Participation Count – Goal Scenario
Plan Impact (Count)
Residential 1,164 1,524 360
Commercial & Industrial 188 211 24
Total 1,352 1,726 384
As a result of additional participation in Xcel Energy efficiency program offerings, residents and businesses will save energy. Electricity and natural gas savings can be compared by converting each fuel to the common denominator of million British thermal units (MMBtu). As a result of the energy action plan implementation, energy savings in Falcon Heights are modeled to increase by 52% in the goal scenario as compared to the BAU scenario (
Table 8). Table 8. Business as usual and goal scenario target first-year energy savings in Xcel Energy DSM
offerings, by sector, 2025–2030
Sector MMBtu Savings – Business as Usual MMBtu Savings – Goal Scenario Plan Impact (MMBtu Savings)
Residential 10,168 13,878 3,719
Commercial & Industrial 17,807 28,591 10,783
Total 27,975 42,469 14,493
These energy savings may translate into dollar savings for residents and businesses, which are
estimated using sector-specific rates per kWh of electricity and per therm of natural gas. The
projected increase in energy efficiency programs would result in an estimated 65% increase in
dollar savings community-wide from first-year energy savings.
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Falcon Heights Energy Action Plan 28
Table 9. Business as usual and goal scenario target dollar savings from first-year energy efficiency
savings, by sector, 2025–2030
Sector Dollar Savings – Business as Usual Dollar Savings – Goal Scenario Plan Impact (Dollar Savings)
Residential $92,256 $126,290 $34,034
Commercial & Industrial $179,622 $321,424 $141,803
Total $271,878 $447,715 $175,837
Taken together, this increase in program participation for energy efficiency offerings, as well as
ongoing participation in renewable energy offerings, will result in a 34% increase in avoided
greenhouse gas emissions community-wide compared to BAU (Table 10).
Table 10. Business as usual and goal scenario greenhouse gas emissions avoidance from energy
efficiency and renewable energy program participation, by sector, 2025–2030
Sector
Greenhouse Gas Avoided –
Business as Usual (MTCO2e)
Greenhouse Gas Avoided – Goal
Scenario (MTCO2e)
Plan Impact
(MTCO2e)
Residential 1,229 1,414 194
Commercial & Industrial 907 1,439 532
Total 2,126 2,853 726
Greenhouse Gas Community Goal Equivalencies
The greenhouse gas goal number equivalencies are equal to the following according to
estimates from the EPA6:
6 US EPA, OAR. Greenhouse Gas Equivalencies Calculator. 28 Aug. 2015, https://www.epa.gov/energy/greenhouse-gas-equivalencies-calculator.
1.1 Million Gallons of Gasoline Burned 1 Million Lbs. of Coal Burned 165 Thousand tree seedlings grown for 10 years
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Falcon Heights Energy Action Plan 29
HOW WE STAY ON COURSE
This Energy Action Plan is a living
document. Goals and strategies will be
assessed and refined as needed based on
data and community staff capacity.
Data and Reporting
Partners in Energy will provide biannual
progress reports with metrics of success and
overall progress toward goals for Xcel
Energy rebates and programs. These
reports will be available publicly and shared
with both the community and Energy Action
Team.
If available, ad hoc participation reports for
specific Xcel Energy programs (e.g., Home
Energy Squad) can be provided to measure success of campaigns and to determine if we need
to change course.
Project Management and Tracking
Partners in Energy will host regular project management check-in calls with staff to ensure we
stay on course to achieve our strategies.
If necessary, an implementation check-in meeting with the Energy Action Team can be
convened to assess progress toward goals and discuss strategy refinement.
Energy Action Team Commitment
The Energy Action Team formed to create this plan will support implementation by participating
in the strategies that they are passionate about and by connecting the City to networks and
resources that they uniquely have access to.
Figure 13. Actions and Tracking
Energy Action Plan Implementation
Measurement & Reporting
Strategy Development & Refinement
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Falcon Heights Energy Action Plan 30
APPENDIX A: IMPLEMENTATION WORK PLAN
This appendix gives additional detail for each strategy, including the implementation team and
tasks, timeline, and goals. This appendix will serve as a work plan for the Energy Action Team
and Partners in Energy.
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Falcon Heights Energy Action Plan 31
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Falcon Heights Energy Action Plan 32
APPENDIX B: BASELINE ENERGY ANALYSIS
Data were provided by Xcel Energy for all Falcon Heights premises for 2021–2023. Xcel Energy
provides electric and natural gas service to the community. The data helped the Energy Action
Team understand energy use and opportunities for energy conservation and renewable energy
in Falcon Heights. Data included in this section establishes a baseline against which progress
toward goals will be compared in the future.
Electricity and Natural Gas Premises
As of 2023, there were 2,413 distinct premises in Falcon Heights (Table 11). Most premises are
residential (2,113), followed by commercial and industrial (283) and finally municipal buildings
(17).
Table 11. Premise counts by sector, 2021–2023
Sector 2021 2022 2023 Average
Residential 1,985 2,113 2,113 2,070
Commercial & Industrial 280 279 283 281
Municipal 17 17 17 17
Total 2,282 2,409 2,413 2,368
Electricity and Natural Gas Consumption and Trends by Sector
In an average year, Falcon Heights consumes about 29 million kWh of electricity and 2.3 million
therms of natural gas community-wide
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Falcon Heights Energy Action Plan 33
Table 12). Total energy consumption increased by 8.4% over the baseline period, stemming
from a 4.6% increase in electricity consumption and 10.2% increase in natural gas consumption
over the baseline period.
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Falcon Heights Energy Action Plan 34
Table 12. Annual energy consumption by sector and fuel type, 2021–2023
Fuel Type Sector 2021 2022 2023 Average
Electricity (kWh) Residential 12,936,232 13,060,714 12,989,092 12,995,346
Commercial &
Industrial
15,591,597 16,149,072 16,827,067 16,189,245
Municipal 156,347 172,349 179,618 169,438
Total 28,684,176 29,382,135 29,995,777 29,354,029
Natural Gas (therm)
Residential 1,076,235 1,287,519 1,177,128 1,180,294
Commercial &
Industrial
1,052,794 1,170,143 1,165,722 1,129,553
Municipal 6,088 10,494 9,110 8,564
Total 2,135,117 2,468,156 2,351,960 2,318,411
Total (MMBtu) Residential 151,762 173,315 162,032 162,370
Commercial & Industrial 158,478 172,115 173,986 168,193
Municipal 1,142 1,637 1,524 1,434
Total 311,382 347,067 337,542 331,997
Electricity and natural gas consumption often vary in accordance with weather patterns. Hotter
summers indicate a greater need for cooling, which may correlate with increased electricity use
for space cooling. The need for cooling is measured in cooling degree days (CDD). Colder
winters indicate a higher need for heating, which may correlate with increased natural gas
usage for space heating. The need for heating is measured in heating degree days (HDD). The
coldest winter over the baseline period occurred in 2022, which correlated with the highest
annual natural gas consumption in the community (Table 13).
Table 13. Degree days in Falcon Heights, 2021–2023 2021 2022 2023
Cooling Degree Days 1,184 1,049 1,232
Heating Degree Days 6,678 7,812 6,565
Greenhouse Gas Emissions and Trends
In Falcon Heights, overall energy-related greenhouse gas emissions, as measured in metric
tons of carbon dioxide equivalent (MTCO2e), increased in 2023 compared to 2021 by about 3%
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Falcon Heights Energy Action Plan 35
Table 14). To calculate energy-related emissions in Falcon Heights, preliminary and third-party
verified emissions factors from Xcel Energy’s Upper Midwest Fuel Mix were used, as well as a
standard emissions factor for natural gas consumption (Table 15). As Xcel Energy completes
third-party verification for its latest grid emissions factors, the emissions factors used to estimate
greenhouse gas emissions may change slightly.
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Falcon Heights Energy Action Plan 36
Table 14. Energy-related greenhouse gas emissions in MTCO2e by sector and fuel type, 2021–2023
Fuel Type Sector 2021 2022 2023 Average
Electricity emissions (MTCO2e)
Residential 3,703 3,626 3,299 3,543
Commercial & Industrial 4,463 4,483 4,274 4,407
Municipal 45 48 46 46
Total 8,210 8,157 7,619 7,995
Natural Gas emissions (MTCO2e)
Residential 5,712 6,833 6,247 6,264
Commercial & Industrial 5,587 6,210 6,187 5,995
Municipal 32 56 48 45
Total 11,331 13,099 12,482 12,304
Total Energy-Related Emissions (MTCO2e)
Residential 9,414 10,459 9,547 9,806
Commercial & Industrial 10,050 10,693 10,461 10,401
Municipal 77 104 94 92
Total 19,541 21,255 20,101 20,299
Table 15. Emissions factors used to calculate energy-related greenhouse gas emissions, 2021–20237
Fuel Type 2021 2022 2023
Electricity Emissions Factor (lbs/MWh) 631 612 560
Natural Gas Emissions Factor (MTCO2e/Dth) 0.05307 0.05307 0.05307
7 Xcel Energy 2022. Carbon Dioxide Emission Intensities, https://www.xcelenergy.com/staticfiles/xe-responsive/Environment/Carbon/Carbon-Emission-Intensities-Info-Sheet.pdf
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Falcon Heights Energy Action Plan 37
Energy Costs
In an average year, all premises in Falcon Heights spent a collective total of $6.2 million on fuel
costs for both electricity and natural gas (Table 16). Falcon Heights residents accounted for
46% of the total spend in an average year ($2.9 million), business customers made up more
than half of the total at 53.5% ($3.3 million), while the municipal sector made up the remaining
0.5% ($30,000). Residential premises spent an annual average of $1,384 per premise on fuel
costs; commercial and industrial premises spent $11,973 per premise; and municipal premises
spent $1,734 on average.
Table 16. Annual energy costs by sector and fuel type, 2021–2023
Fuel Type Sector 2021 2022 2023 Average
Average Annual Cost Per Premise Electricity Residential $1,666,640 $1,850,931 $1,943,769 $1,820,447 $879
Commercial & Industrial $1,942,398 $2,569,858 $2,697,491 $2,403,249 $8,634
Municipal $18,354 $23,584 $24,226 $22,055 $1,297
Total $3,627,392 $4,444,373 $4,665,486 $4,245,750 - Natural Gas Residential $711,950 $1,300,086 $1,121,104 $1,044,380 $504
Commercial & Industrial $607,201 $1,131,086 $1,049,379 $929,222 $3,339
Municipal $3,451 $9,968 $8,843 $7,421 $437
Total $1,322,602 $2,441,140 $2,179,326 $1,981,023 - Total Residential $2,378,590 $3,151,017 $3,064,873 $2,864,827 $1,384
Commercial & Industrial $2,549,599 $3,700,944 $3,746,870 $3,332,471 $11,973
Municipal $21,805 $33,552 $33,069 $29,475 $1,734
Total $4,949,994 $6,885,513 $6,844,812 $6,226,773
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Falcon Heights Energy Action Plan 38
Energy Burden
Energy burden is the percentage of income that residents spend on energy. In Falcon Heights,
residents who own their homes and make 30% or less of the area median income (AMI) spend
up to 24% of their household income on energy costs (Table 17). In the same AMI group,
residents who rent their homes are estimated to spend up to 10% of their household income on
energy costs. Energy burden is higher for residents in owner-occupied housing compared to
renters in Falcon Heights.
Table 17. Energy burden by unity occupancy and area median income8
Energy Burden Household Count
Percent of Area Median Income Own Rent Own Rent
0–30% 24% 10% 52 263
30–60% 10% 4% 166 301
60–80% 6% 2% 86 104
80–100% 6% 2% 123 86
100%+ 2% 2% 831 110
Total 2% 1% 1,258 864
8 Source: Department of Energy Low-Income Energy Affordability Data Tool
52
Falcon Heights Energy Action Plan 39
Program Participation and Savings
Residents and businesses in Falcon Heights are already participating in energy efficiency
offerings from Xcel Energy, which result in energy savings for residents and commercial
customers. While fewer commercial and industrial premises participated in these programs
during the baseline period, their participation resulted in larger overall savings per premise.
Over the baseline period, the residential sector saved an average of 35,374 kWh annually and
15,660 therms from 200 participants on average annually (Table 18). The income-qualified
residential sector saved an average of 517 kWh and 63 therms from two participants on
average.
53
Falcon Heights Energy Action Plan 40
Table 19). Finally, the commercial and industrial sector saved an average of 186,183 kWh and
23,326 therms from 32 participants on average (Table 20).
Table 18. Annual residential sector participation in and savings from Xcel Energy efficiency offerings,
2021–2023
Residential Program 2021 2022 2023
Count Savings (kWh) Savings (therms) Count Savings (kWh) Savings (therms) Count Savings (kWh) Savings (therms) Home Energy Audit 5 0 0 19 0 0 29 0 0
Home
Energy Squad 5 3258 318 10 6368 275 19 8056 571
HomeSmart 6 0 0 8 0 0 8 0 0 Insulation Rebate 10 1801 3384 4 474 1104 8 2269 3085
Refrigerator Recycling 15 12260 0 4 4305 0 3 2147 0
Residential HVAC 89 26492 11058 93 16619 13888 80 18543 11657
Residential Saver's Switch 21 24 0 43 45 0 3 3 0
Smart Thermostat 34 1674 920 36 598 165 47 950 55
Whole Home
Efficiency
0 0 0 1 235 499 0 0 0
Total 185 45,509 15,680 218 28,644 15,931 197 31,968 15,368
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Falcon Heights Energy Action Plan 41
Table 19. Annual income-qualified participation in and savings from Xcel Energy residential efficiency
offerings, 2021–2023
Income-Qualified Residential
Program
2021 2022 2023
Count Savings (kWh) Savings (therms) Count Savings (kWh) Savings (therms) Count Savings (kWh) Savings (therms)
Home Energy Savings Program 1 1,065 0 0 0 0 2 79 156
Low-Income Home Energy Squad 0 0 0 1 408 18 1 0 15
Multi-Family Energy Savings Program 0 0 0 0 0 0 0 0 0
Total 1 1,065 0 1 408 18 3 79 171
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Falcon Heights Energy Action Plan 42
Table 20. Annual commercial and industrial program participation in and savings from Xcel Energy
efficiency offerings, 2021–2023
Commercial & Industrial Program
2021
2022
2023
Count Savings (kWh) Savings (therms) Count Savings (kWh) Savings (therms) Count Savings (kWh) Savings (therms)
Custom Efficiency 0 0 0 0 0 0 1 0 8,430
Data Center Efficiency 0 0 0 0 0 0 0 0 0
Energy Design Assistance 0 0 0 1 356,667 17,820 0 0 0
HVAC+R Efficiency 2 1,761 142 6 0 6,741 49 38,496 4,568
Lighting Efficiency 2 76,608 0 1 682 0 1 3,891 0
Multi-Family Building Efficiency 5 63,274 3,133 0 0 0 1 0 0
Saver's Switch for Business 1 2 0 0 0 0 0 0 0
Small Business Lighting 2 8,181 0 0 0 0 1 5,104 0
Smart Thermostats for Business 6 1,933 385 10 1,950 385 0 0 0
Total 18 151,759 3,660 18 359,299 24946 53 47,491 12,998
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Falcon Heights Energy Action Plan 43
Renewable Energy Support
There is existing support for renewable energy in Falcon Heights, with 241 residents, 10
commercial and industrial customers and 6 municipal buildings supporting renewable energy
through either subscriptions or on-site solar (Table 21, Table 22). At the time of the planning
process, 2023 Renewable*Connect and Renewable*Connect Flex data were not available.
Table 21. Xcel Energy renewable energy subscription program participation and electricity subscribed in Falcon Heights, 2022 and 2023
Residential Commercial & Industrial Municipal
Renewable*Connect & Renewable*Connect Flex® (2022)
Subscriber Count 180 0 0
Total Annual Electricity Subscribed (kWh) 818,449 0 0
Community Solar Gardens – Solar*Rewards® Community (2023)
Subscriber Count 25 5 6
Total Annual Electricity Subscribed (kWh) 169,924 180,904 55,508
Total Xcel Energy Subscription Renewable Energy Support
Subscriber Count 205 5 6
Total Annual Electricity Subscribed (kWh) 988,373 180,904 55,508
Table 22. Xcel Energy on-site solar program support in Falcon Heights, 2023
On-Site Solar – Solar*Rewards® and Net-Metering (2023)9 Residential Commercial & Industrial
Subscriber Count 44 8
Total Electricity Capacity (kW) 316 742
9 Source: Xcel Energy 2023 Community Energy Report for Falcon Heights
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Falcon Heights Energy Action Plan 44
APPENDIX C: METHODOLOGY FOR
MEASURING SUCCESS
As part of implementation support, Partners in Energy will provide biannual progress reports for
Xcel Energy participation and savings data for Falcon Heights. All goals will be measured
against the Falcon Heights three-year baseline of 2021–2023 data unless otherwise noted.
The following section defines the three-year baseline against which progress is measured,
including Xcel Energy programs included in the baseline.
Community-Wide Goal
Falcon Heights will increase energy savings by 52% and avoid an additional 34% of community-
wide greenhouse gas emissions by 2030 through additional participation in energy efficiency
programs and on-going renewable energy participation. This amounts to an additional 14,000
MMBtu of energy savings and 700 additional MTCO2e of greenhouse gas emissions avoided.
Focus Area Goals
Alleviating Energy Burden on Homeowners and Renters: Residential Energy Efficiency
• Engage 248 residents annually in Xcel Energy’s energy efficiency programs.
• Save 2,292 MMBtu of energy annually, for a total of 13,751 MMBtu saved through
residential energy efficiency program participation between 2025 and 2030.
This goal will be measured by comparing actual program participation against the business as
usual (BAU) scenario. Total goal progress will be measured from January 2025 through
December 2030. Table 23 identifies annual program participation targets and total energy
efficiency savings to meet this goal. These targets are based on current Xcel Energy programs
and estimated savings. If Xcel Energy offers new programs for residents, these will be included
in this calculation at the discretion of the City of Falcon Heights and Partners in Energy.
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Falcon Heights Energy Action Plan 45
Table 23. Annual residential energy efficiency participation and total savings from select Xcel Energy
offerings, 2025–2030
Program Annual BAU Participation
Annual Participation Target
Total Participants, 2025–2030
Total Energy Savings, 2025–2030 (MMBtu)
Efficient New Home Construction 0 1 6
86
Home Energy Audit 18 23 136 -
Home Energy Squad 11 21 128
665
Insulation Rebate 7 12 74 2,599 Residential Heating and Cooling10 87 112 674 9,957
Refrigerator Recycling 7 7 44 128
Residential Saver's Switch 22 22 134 0
Smart Thermostat 39 49 294 314
Alleviating Energy Burden on Homeowners and Renters: Income-Qualified Residential
Energy Efficiency
• Engage 6 income-qualified residents annually in Xcel Energy energy efficiency
programs.
• Save a total of 116 MMBtu through income-qualified residential energy efficiency
program participation between 2025 and 2030.
This goal will be measured by comparing actual program participation against the BAU
scenario. Total goal progress will be measured from January 2025 through December 2030.
Table 24 identifies annual program participation targets and total energy efficiency savings to
meet this goal. These targets are based on current Xcel Energy income-qualified programs and
estimated savings. If Xcel Energy offers new income-qualified programs for residents, these will
10 Xcel Energy filed a new Triennial DSM plan in 2021, which resulted in some programs being
reorganized and renamed. The Residential HVAC group now includes Residential Cooling, Residential Heating, Residential Heating and Cooling, and Water Heater Rebate.
59
Falcon Heights Energy Action Plan 46
be included in this calculation at the discretion of the City of Falcon Heights and Partners in
Energy.
Table 24. Annual income-qualified residential energy efficiency participation and total savings from select
Xcel Energy offerings, 2025–2030
Program Annual BAU Participation
Annual Participation Target
Total Participants, 2025–2030
Total Energy Savings, 2025–2030 (MMBtu)
Home Energy Savings Program 1 2 12 78
Low Income Home Energy Squad 1 3 16 38
Low Income Multi-family Building Efficiency
0 1 6 -
Enhancing Energy Efficiencies in Buildings: Business Energy Efficiency
• Engage 42 commercial & industrial customers annually in Xcel Energy energy-efficiency
programs.
• Save 4,765 MMBtu annually for a total of 28,591 MMBtu saved through commercial &
industrial energy efficiency program participation between 2025 and 2030.
This goal will be measured by comparing actual program participation against the BAU
scenario. Total goal progress will be measured from January 2025 through December 2030.
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Falcon Heights Energy Action Plan 47
Table 25 identifies annual program participation targets and total energy efficiency savings to
meet this goal. These targets are based on current Xcel Energy commercial and industrial
programs and estimated savings. If Xcel Energy offers new commercial and industrial programs
for businesses, these will be included in this calculation at the discretion of the City of Falcon
Heights and Partners in Energy.
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Falcon Heights Energy Action Plan 48
Table 25. Annual commercial and industrial energy efficiency participation and total savings from select
Xcel Energy offerings, 2025–203011
Program Annual BAU Participation
Annual Participation Target
Total Participants, 2025–2030
Total Energy Savings, 2025–2030 (MMBtu)
Business Energy Assessments 0 1 6 4,816
Custom Efficiency 0 1 2 1,686
Energy Design Assistance 0 1 4 10,496
Efficiency Controls 2 2 10 5,524
HVAC+R Efficiency 19 23 138 3,105
Lighting Efficiency 1 3 20 1,385
Multi-Family Building Efficiency 2 2 12 1,058
Saver's Switch for Business 0 0 2 0
Small Business Lighting 1 3 18 272
Smart Thermostats for Business 5 7 44 248
Embracing Clean, Renewable Energy
• Retain residential participants in Xcel Energy’s renewable energy subscription programs,
Renewable*Connect and Renewable*Connect Flex.
• Save 687 MTCO2e of greenhouse gas emissions.
This focus area will be measured by comparing actual program participation in
Renewable*Connect and Renewable*Connect Flex against the BAU scenario. No increase
in participation was projected for this goal between January 2025 and December 2030.
Table 26 identifies the 2030 participation and kWh target to meet this goal. These targets
are based on current participation and subscriptions to Renewable*Connect and
Renewable*Connect Flex. If Xcel Energy offers renewable subscription programs for
11 The sum of total Custom Efficiency and Energy Design Assistance participants does not add to the annual participation target over the goal period due to rounding.
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Falcon Heights Energy Action Plan 49
residents, these will be included in this calculation at the discretion of the City of Falcon
Heights and Partners in Energy.
Table 26. Annual renewable energy subscription participation and total GHG savings 2025–2030
Program Baseline Residential Participants
Baseline kWh Subscribed
Target Residential Participants in 2030
Total Greenhouse Gas Emissions Saved, 2025–2030 (MTCO2e)
Renewable*Connect Flex 189 733,692 189 646
Renewable*Connect12 14 46,650 14 41
Total 203 780,342 203 687
12 As of 2024, Renewable*Connect is at capacity and not accepting new subscribers
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Falcon Heights Energy Action Plan 50
APPENDIX D: XCEL ENERGY’S PARTNERS IN
ENERGY PLANNING PROCESS
About Xcel Energy’s Partners in Energy
Xcel Energy is an electric and natural gas utility that provides the energy that powers millions of
homes and businesses across eight Western and Midwestern states. Each community Xcel
Energy serves has its own unique priorities and vision for its energy future. The energy
landscape is dynamically changing with communities leading the way in setting energy and
sustainability goals. To continue to innovatively support their communities, Xcel Energy
launched Partners in Energy in the summer of 2014 as a collaborative resource with tailored
services to complement each community’s vision. The program offerings include support to
develop an energy action plan or electric vehicle plan, tools to help implement the plan and
deliver results, and resources designed to help each community stay informed and achieve their
outlined goals.
Plan Development Process
The content of this plan is derived from a series of planning workshops held in the community
with a planning team committed to representing local energy priorities and implementing plan
strategies.
The planning process began with an open house at City Hall where the people came to give
input into the plan’s vision and strategy. The open house also served as a place for residents to
ask questions about the Partners in Energy Program, Xcel Energy’s goals, and what resources
and support will be provided for the plan. There was also a community energy survey in English,
Spanish, and Somali that launched at that time to seek similar input into the plan.
The Energy Action Team, made up of Environment Commission members, residents, and city
staff, then met for a workshop to digest the community’s input, survey responses, and look at
the community’s energy baseline data. They also shaped the vision and focus areas of the plan.
The team then met for a virtual meeting to hear about utility programs and more community
energy survey results and review workshop outcomes.
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Falcon Heights Energy Action Plan 51
A second open house set at the Falcon Heights Spring Together Event, showcased the
community energy data, invited community input while engaging families, youth, and the
business community.
Finally, the Energy Action Team came together for a workshop that rounded out the planning
effort by bringing together a full picture of the community’s input, developed strategies, and
discussed the implementation of the plan.
Partners in Energy Process for Success Resources from Xcel Energy for Implementation
Project Management
Communication Assistance and Resources
Tracking and Measurement
Celebration and Recognition of Successes
65
2024 2025 2025 2025 2025 2026Q4Q1Q2Q3Q4Q1
A Identify school and teacher partnerships and work with those partners
to understand classroom needs.
B Develop materials and activities that support appropriate energyengagement according to school partners
C Ask school library or other entities to host educational eventsregarding energy efficiency / conservation and renewable energy
D Encourage partnering with “EmPowered Schools” program to
Neighboring School Districts
E Utilize the Minnesota GreenStep School Program to show studentsthat their school is leading the way in energy conservation and
reducing environmental impactsA Call for community volunteers by the City
B Provide Xcel Energy and supporting energy resources to the
volunteers to share with their neighbors / associations
C Develop resources for volunteers to share with neighbors (e.g.,template emails, National Night Out activities, NextDoor posts, website
content, etc.)A Provide renters with information about applicable energy rebates
B Raise awareness of assistance programs for those renters who are
affected by a higher energy burden or lower-income householdA Promote home energy assessments
B Showcase residents who have had home energy assessments and
made improvements in their home as a result
A Create an Energy Action Hub on the City of Falcon Heights’ website todisseminate information about energy resources
B Establish partnerships with community organizations and/or Falcon
Heights specific publications to bring awareness to residents
C Include energy educational resources on the City of Falcon Heightsemail newsletter
A Showcase positive testimonials in the City’s newsletter, blog andarticles in local media
B Postcard mail out campaign of testimonials from residents to other
residents
D Postcard mail out campaign of testimonials from business owners toother businesses
D Share testimonials at St Paul Chamber of Commerce meetings
A Connect with Commonwealth Terrace Cooperative (CTC) to ImproveLiving Conditions through energy projects for Student Housing
B Form partnership with neighboring city councils to coordinate energyequity projects that are mutually beneficial
A Create and promote City incentives and/or recognition for energyefficient multi-family buildings
B Review and revise City code to remove barriers to more energy
efficient multi-family buildings
C Encourage multi-family buildings to periodically re-invest in energyefficient improvements that have a reasonable payback period
D Support incentives for retrofits and redevelopment of existing multi-family buildings to improve energy while respecting the historicintegrity of buildings and communities
A Be present at community events with resources and tips to encouragebusinesses and residents to reduce energy consumption
B
Request that homeowners who have made significant energy
efficiency improvements temporarily display an energy conservationyard sign
C Publicly acknowledge homeowners and business owners in the City’s
email newsletter for energy conservation efforts
3) Partner with the State Fair to Encourage Energy A Draft proposal to partner with State Fair to encourage joint energyprojects
A Create targeted outreach programs to educate business owners andowners of multi-family buildings about the benefits of electric heatingoptions
B Host workshops and informational sessions to highlight benefits ofadopting efficient electric heating technologies
C Encourage building owners who have already installed air source heatpumps to share their success stories with other building ownersthrough presentations, open houses and business networking events
D Assist businesses and workforce to keep up to date on technologicaladvances in building energy. Provide outreach to local businesses toassist in these educational efforts
E
Recommend energy improvements for rental properties during annual
inspections. Provide an opportunity to educate building owners aboutenergy improvements annually, giving updates on electrificationtechnology and available incentives
A Draft a proposal for collaboration between the City Council and theUniversity of Minnesota and find a way forward
B Advocate for increasing EV charging infrastructure on and off campus
C Encourage charging infrastructure on new developments and retrofits,especially multi-family buildings and businesses. Support the
continued development of charging infrastructure for Evs
6) Collaborate with Metro Transit A Draft, send and follow up on a request to Metro Transit to have electricbuses on Route 121 and on the Rapid Transit A Line
7) Reduce Costs of Home Energy Assessments for Residents A Address economic barriers for residents who may be hard to reach orunder-represented in the community and increase home energyassessment visits by promoting free visits
A Identify homes and businesses that have already undergone energyprojects
B Recognize those who would wish to participate in open house tours
and set up tour dates for groups to visit
C Host a local energy fair in Falcon Heights and encourage citizen andlocal business participation
A Contact and form a collaboration with Solar United Neighbors (SUN)to help residents and businesses bulk buy solar
B
Pursue grants to assist with the installation of solar panels on homes
and businesses. This financial support will make renewable energy aviable option for more residents, reducing the City's overall carbonfootprint
A Request proposals for solar installations on future municipal buildings
B Partner with one or more solar installation companies to recommend
to buildings in the City.
C Explore grants for installation of onsite solar on businesses andbuildings
A Encourage subscription and on-site opportunities to residents duringevents and on the City website
B Share incentives for renewable energy options with renters though
email and mailing campaigns
A Reach out to the University of Minnesota to form a collaborationcentered on renewable energy technologies
B
Partner with the University of Minnesota to help share incentives for
renewable energy programs to multi-family building owners, residentsand students
A
Host workshops to educate the community on renewable energy
topics and resources while connecting professionals with residentsand residents with training options
B Support and promote workforce opportunities in renewable energyindustry
Action Items
2) Solar Arrays on Future Buildings
3) Promote Renewable Subscription and On-site Options forResidents
4) Partner with the University of Minnesota to Encourage RenewableEnergy
5) Establish a Reliable Workforce in Renewable Energy Applications
5) Form Climate Action Partnership with U of M
8) Showcase Existing Energy Projects in Homes and Businesses
1) Support a Group-Buy Solar
Focus Area Strategy
1) Support Energy Improvements
2) Incentivize and Recognize Energy Efficiency Projects
4) Encourage Efficient Electric Heating TechnologiesAlleviating energy burden for homeowners and rentersEnhancing Energy Efficiencies in BuildingsEmbracing Clean, Renewable Energy1) Conduct Energy Outreach in Schools
2) Develop Neighborhood Energy Liaisons
3) Increase Access to Renter Resources
4) Promote Home Energy Assessments
5) Provide Accessible Energy Communication
6) Highlight Energy Saving and Clean Energy Testimonials
7) Develop and Sustain Partnerships that Support Community EnergyEquity Goals
66
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67
Item Adult-Use Cannabis Discussion
Description
The Minnesota Office of Cannabis Management has issued a Guide for Local
Governments on Adult-Use Cannabis and a model ordinance for zoning
changes and registration with the new law around Minnesota’s new adult-use
cannabis law.
The City of Falcon Heights currently has a moratorium on permitting cannabis
businesses until January 2025.
How are local governments involved?
• Local governments serve as a near-final approval check on cannabis
businesses nearing the awarding of a state license for operations. Once
an applicant has been vetted by OCM and is selected for proceeding in
the verification process, they are then required to receive the local
government’s certification of zoning compliance and, if applicable, retail
registration before operations may commence.
• Local governments may issue a retail registration after verifying the
business has a valid license or license preapproval issued by OCM and
has paid a registration fee or renewal fee to the local government.
• Local governments may not issue outright bans on cannabis businesses
or limit operations in a manner beyond what is provided by state law.
What can local government do?
• Limit the number of retailers and microbusiness/mezzobusinesses with
retail endorsements within the City, as long as there is at least one retail
location per 12,500 residents. (Can issue more permits than this,
however)
• Local governments may adopt an ordinance limiting hours of operation
between 10 a.m. and 9 p.m. seven days a week, and that State statute
prohibits the sale of cannabis between 2 a.m. and 8 a.m. Monday
through Saturday, and between 2 a.m. and 10 a.m. on Sundays.
• Local governments may prohibit the operation of a cannabis business
within 1,000 feet of a school, or 500 feet of a daycare, residential
Meeting Date October 2, 2024
Agenda Item C2
Attachment See below.
Submitted By Hannah Lynch, Community
Development Coordinator
68
treatment facility, or an attraction within a public park that is regularly
used by minors, including a playground or athletic field.
• Local governments may zone businesses under existing zoning
ordinances in accordance with the license type or endorsed activities
held by the cannabis business (see pg. 13-14 of attached local guide).
The local government can determine if the use requires a Conditional
Use Permit.
• Local governments must conduct compliance checks for cannabis and
hemp businesses holding retail registration at least once per calendar
year. These checks must verify compliance with age verification
procedures and compliance with any applicable local ordinances.
The Planning Commission held a workshop to discuss these businesses. They
proposed B-3 (Snelling/Larpenteur Business District) may be the best zoning
district, with the 1000’ buffer from schools and 500’ from daycares/residential
treatment facilities/public park attractions. They also discussed having a cap at
one business permitted in the City and limiting the hours of operation to 10
AM – 9 PM, 7 days/week.
Budget Impact None.
Attachment(s) • A Guide for Local Governments on Adult-Use Cannabis
• Lower-Potency Hemp Edibles & Adult-Use Cannabis – A Model
Ordinance for Minnesota City Retailers
• City of Falcon Heights Zoning Map
• City of Falcon Heights – Zoning Map with Buffers from Schools,
Playgrounds
Action(s)
Requested
Staff requests City Council discuss and provide direction on adult-use
cannabis business types in regard to zoning districts, potential buffers from
schools, and number of businesses permitted.
69
A Guide for Local Governments
on Adult-Use Cannabis
Version 1.2
June 25, 2024
70
Table of Contents
Introduction ............................................................... 3
About OCM ............................................................... 4
Cannabis License Types ............................................. 5
Adult-Use Cannabis Law ........................................... 7
Cannabis Licensing Process........................................ 8
General Authorities .................................................. 10
Zoning and Land Use ................................................ 12
Local Approval Process ............................................. 15
Inspections and Compliance Checks ........................ 18
Municipal Cannabis Stores ...................................... 19
Creating Your Local Ordinance ............................... 20
Additional Resources ................................................ 21
71
Introduction
This guide serves as a general overview of Minnesota’s new adult-use cannabis law, and
how local governments can expect to be involved. The guide also provides important
information about Minnesota’s new Office of Cannabis Management (OCM), and the
office’s structure, roles, and responsibilities. While medical cannabis continues to play an
important role in the state’s cannabis environment, this guide is primarily focused on the
adult-use cannabis law and marketplace.
The following pages outline the variety of cannabis business licenses that will be issued,
provide a broad summary of important aspects of the adult-use cannabis law, and cover a
wide range of expectations and authorities that relate to local governments. This guide also
provides best practices and important requirements for developing a local cannabis
ordinance.
Chapter 342 of Minnesota law
was established by the State
Legislature in 2023 and was
updated in 2024. Mentions of
“adult-use cannabis law” or “the
law” throughout this guide refer
to Chapter 342 and the changes
made to it.
As of this guide’s date of
publication, state regulations
governing the adult-use
cannabis market have not yet
been published—this document
will be updated when such
regulations become effective.
This guide is not a substitute for legal advice, nor does it seek to provide legal advice. Local governments and
municipal officials seeking legal advice should consult an attorney.
Page 3 72
About OCM
Minnesota’s Office of Cannabis Management is the state regulatory office created to
oversee the implementation and regulation of the adult-use cannabis market, the medical
cannabis market, and the consumer hemp industry. Housed within OCM are the Division
of Medical Cannabis (effective July 1, 2024), which operates the medical cannabis
program, and the Division of Social Equity, which promotes development, stability, and
safety in communities that have experienced a disproportionate, negative impact from
cannabis prohibition and usage.
OCM, through Chapter 342, is tasked with establishing rules and policy and exercising its
regulatory authority over the Minnesota cannabis industry. In its duties, OCM is mandated
to:
Promote public health and welfare.
Protect public safety.
Eliminate the illicit market for cannabis flower and cannabis products.
Meet the market demand for cannabis flower and cannabis products.
Promote a craft industry for cannabis flower and cannabis products.
Prioritize growth and recovery in communities that have experienced a
disproportionate, negative impact from cannabis prohibition.
OCM governs the application and licensing process for cannabis and hemp businesses,
specific requirements for each type of license and their respective business activities, and
conducts enforcement and inspection activities across the Minnesota cannabis and hemp
industries.
Page 4 73
License Types
Minnesota law allows for 13 different types of business licenses, each fulfilling a unique role
in the cannabis and hemp supply chain. In addition to license types below, OCM will also
issue endorsements to license holders to engage in specific activities, including producing,
manufacturing, and sale of medical cannabis for patients.
Microbusiness
Microbusinesses may cultivate cannabis and manufacture cannabis products and hemp
products, and package such products for sale to customers or another licensed cannabis
business. Microbusiness may also operate a single retail location.
Mezzobusiness
Mezzobusinesses may cultivate cannabis and manufacture cannabis products and hemp
products, and package such products for sale to customers or another licensed cannabis
business. Mezzobusiness may also operate up to three retail locations.
Cultivator
Cultivators may cultivate cannabis and package such cannabis for sale to another licensed
cannabis business.
Manufacturer
Manufacturers may manufacture cannabis products and hemp products, and package such
products for sale to a licensed cannabis retailer.
Retailer
Retailers may sell immature cannabis plants and seedlings, cannabis, cannabis products,
hemp products, and other products authorized by law to customers and patients.
Wholesaler
Wholesalers may purchase and/or sell immature cannabis plants and seedlings, cannabis,
cannabis products, and hemp products from another licensed cannabis business.
Wholesalers may also import hemp-derived consumer products and lower-potency hemp
edibles.
Page 5 74
License Types (continued)
Transporter
Transporters may transport immature cannabis plants and seedlings, cannabis, cannabis
products, and hemp products to licensed cannabis businesses.
Testing Facility
Testing facilities may obtain and test immature cannabis plants and seedlings, cannabis,
cannabis products, and hemp products from licensed cannabis businesses.
Event Organizer
Event organizers may organize a temporary cannabis event lasting no more than four days.
Delivery Service
Delivery services may purchase cannabis, cannabis products, and hemp products from
retailers or cannabis business with retail endorsements for transport and delivery to
customers.
Medical Cannabis Combination Business
Medical cannabis combination businesses may cultivate cannabis and manufacture
cannabis and hemp products, and package such products for sale to customers, patients,
or another licensed cannabis business. Medical cannabis combination businesses may
operate up to one retail location in each congressional district.
Lower-Potency Hemp Edible Manufacturer
Lower-potency hemp edible manufacturers may manufacture and package lower-potency
hemp edibles for consumer sale, and sell hemp concentrate and lower-potency hemp
edibles to other cannabis and hemp businesses.
Lower-Potency Hemp Edible Retailer
Lower-potency hemp edible retailers may sell lower-potency hemp edibles to customers.
Each license is subject to further restrictions on allowable activities. Maximum cultivation
area and manufacturing allowances vary by license type. Allowable product purchase,
transfer, and sale between licensees are subject to restrictions in the law.
Page 6 75
The Adult-Use Cannabis Law
Minnesota’s new adult-use cannabis law permits the personal use, possession, and
transportation of cannabis by those 21 years of age and older, and allows licensed
businesses to conduct cultivation, manufacturing, transport, delivery, and sale of cannabis
and cannabis products.
For Individuals
Possession limits:
Flower - 2 oz. in public, 2 lbs. in private residence
Concentrate - 8 g
Edibles (including lower-potency hemp) - 800 mg THC
Consumption only allowed on private property or at licensed businesses with on-site
consumption endorsements. Consumption not allowed in public.
Gifting cannabis to another individual over 21 years old is allowed, subject to
possession limits.
Home cultivation is limited to four mature and four immature plants (eight total) in a
single residence. Plants must be in an enclosed and locked space.
Home extraction using volatile substances (e.g., butane, ethanol) is not allowed.
Unlicensed sales are not allowed.
For Businesses
Advertising:
May not include or appeal to those under 21 years old.
Must include proper warning statements.
May not include misleading claims or false statements.
Billboards are not allowed.
The flow of all products through the supply chain must be
tracked by the state-authorized tracking system.
All products sold to consumers and patients must be
tested for contaminants.
Home delivery is allowed by licensed businesses.
Page 7 76
The Cannabis Licensing Process
An applicant will take the following steps to proceed from application to active licensure.
As described, processes vary depending on social equity status and/or whether the type of
license being sought is capped or uncapped in the general licensing process.
License Preapproval: Early Mover Process for Social
Equity Applicants
The license preapproval process is a one-time application process available for verified social
equity applicants. State law requires OCM to open the application window on July 24,
2024, and close the window on August 12, 2024. The preapproval process is available for
the following license types, and all are capped in this process: microbusiness, mezzobusiness,
cultivator, retailer, wholesaler, transporter, testing facility, and delivery service.
Applicant’s social equity applicant (SEA) status verified.
Complete application and submit application fees.
Application vetted for minimum requirements by OCM.
Application (if qualified) entered into lottery drawing.
If selected in lottery, OCM completes background check of selected applicant and
issues license preapproval.
Applicant with license preapproval* submits business location and amends application
accordingly.
OCM forwards completed application to local government.
Local government completes certification of zoning compliance.
OCM conducts site inspection.
When regulations are adopted, license becomes active, operations may commence.
*For social equity applicants with license preapproval for microbusiness, mezzobusiness, or
a cultivator license, they may begin growing cannabis plants prior to the adoption of rules if
OCM receives approval from local governments in a form and manner determined by the
office. This is only applicable to cultivation and does not authorize retail sales or other
endorsed activities of the licenses prior to the adoption of rules.
Preapproval steps:
Page 8
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
77
The Cannabis Licensing Process (cont.)
The general licensing process will align with the adoption of rules and OCM will share more
information about the timing of general licensing process. The general licensing process
includes social equity applicants and non-social equity applicants.
General Licensing: Cultivator, Manufacturer, Retailer, Mezzobusiness
Complete application and submit application fees.
Application vetted for minimum requirements by OCM.
Application (if qualified) entered into lottery drawing.
If selected in lottery, OCM completes background check of selected applicant and
issues preliminary approval.
Applicant with preliminary approval submits business location and amends application
accordingly.
OCM forwards completed application to local government.
Local government completes certification of zoning compliance.
OCM conducts site inspection.
License becomes active, operations may commence.*
General Licensing: Microbusiness, Wholesaler, Transporter, Testing
Facility, Event Organizer
Complete application and submit application fees.1.
Application vetted for minimum requirements by OCM.2.
For qualified applicants, OCM completes background check of vetted applicant and
issues preliminary approval.
3.
Selected applicant submits business location and amends application accordingly.4.
OCM forwards completed application to local government.5.
Local government completes certification of zoning compliance.6.
OCM conducts site inspection.7.
License becomes active, operations may commence.*8.
1.
2.
3.
4.
5.
6.
7.
8.
9.
*For businesses seeking a retail endorsement (microbusiness, mezzobusiness, and retailer),
a valid local retail registration is required prior to the business commencing any retail sales.
See Page 16 for information on the local retail registration process.
Page 9 78
General Authorities
Local governments in Minnesota have various means of oversight over the cannabis market,
as provided by the adult-use cannabis law. Local governments may not issue outright bans on
cannabis business, or limit operations in a manner beyond what is provided by state law.
Cannabis Retail Restrictions (342.13)
Local governments may limit the number of retailers and microbusiness/mezzobusinesses
with retail endorsements allowed within their locality, as long as there is at least one retail
location per 12,500 residents. Local units of government are not obligated to seek out a
business to register as cannabis business if they have not been approached by any potential
applicants, but cannot prohibit the establishment of a business if this population
requirement is not met. Local units of government may also issue more than the minimum
number of registrations. Per statutory direction, a municipal cannabis store (Page 19)
cannot be included in the minimum number of registrations required. For population
counts, the state demographer estimates will likely be utilized.
Tribal Governments (342.13)
OCM is prohibited from and will not issue state licenses to businesses in Indian Country
without consent from a tribal nation. Tribal nations hold the authority to license tribal
cannabis businesses on tribal lands – this process is separate than OCM’s licensing
process and authority. Subject to compacting, Tribal nations may operate cannabis
businesses off tribal lands. There will be more information available once the compacting
processes are complete.
Taxes (295.81; 295.82)
Retail sales of taxable cannabis products are subject to the state and local sales and use tax
and a 10% gross receipts tax. Cannabis gross receipts tax proceeds are allocated as follows:
20% to the local government cannabis aid account and 80% to the state general fund.
Local taxes imposed solely on sale of cannabis products are prohibited.
Cannabis retailers will be subject to the same real property tax classification as all other
retail businesses. Real property used for raising, cultivating, processing, or storing cannabis
plants, cannabis flower, or cannabis products for sale will be classified as commercial and
industrial property.
Page 10 79
General Authorities (cont.)
Retail Timing Restrictions (342.13)
Local governments may prohibit retail sales of cannabis between the hours of 8 a.m. and
10 a.m. Monday-Saturday, and 9 p.m. and 2 a.m. the following day.
Operating Multiple Locations with One License
Certain cannabis licenses allow for multiple retail locations to be operated under a single
license, with the following limitations:
Retailers: up to five retail locations.
Mezzobusinesses: up to three retail locations.
Microbusinesses: up to one retail location.
Medical cannabis combination businesses: one retail location per congressional
district. Additionally, medical cannabis combination businesses may cultivate at more
than one location within other limitations on cultivation.
For all other license types, one license permits the operation of one location. Each retail
location requires local certification and/or registration.
Page 11 80
Zoning and Land Use
Buffer Guidelines (342.13)
State law does not restrict how a local government conducts its zoning designations for
cannabis businesses, except that they may prohibit the operation of a cannabis business
within 1,000 feet of a school, or 500 feet of a day care, residential treatment facility, or
an attraction within a public park that is regularly used by minors, including playgrounds
and athletic fields.
Zoning Guidelines
While each locality conducts its zoning differently, a few themes have emerged across the
country. For example, cannabis manufacturing facilities are often placed in industrial
zones, while cannabis retailers are typically found in commercial/retail zones. Cannabis
retail facilities align with general retail establishments and are prohibited from allowing
consumption or use onsite, and are also required to have plans to prevent the visibility of
cannabis and hemp-derived products to individuals outside the retail location. Industrial
hemp is an agricultural product, and should be zoned as such.
Cannabis businesses should be zoned under existing zoning ordinances in accordance with
the license type or endorsed activities held by the cannabis business. Note that certain
types of licenses may be able to perform multiple activities which may have different
zoning analogues. In the same way municipalities may zone a microbrewery that
predominately sells directly to onsite consumers differently than a microbrewery that sells
packaged beer to retailers and restaurants, so too might a municipality wish to zone two
microbusinesses based on the actual activities that each business is undertaking. Table 1,
included on Pages 13 and 14, explains the types of activities that cannabis businesses might
undertake, as well as, some recommended existing zoning categories.
Page 12 81
Endorsed Activity
License Type
Eligible to Do
Endorsed Activity
Description of Activity Comparable
Districts
Municipal
Considerations
Cultivation
Cultivator
Mezzobusiness
Microbusiness
Medical Cannabis
Combination
"Cultivation" means any
activity involving the planting,
growing, harvesting, drying,
curing, grading, or trimming
of cannabis plants, cannabis
flower, hemp plants, or hemp
plant parts.
Indoor:
Industrial,
Commercial,
Production
Outdoor:
Agricultural
Odor
Potential need for
transportation from
facility
Waste, water, and
energy usage
Security
Cannabis
Manufacturing,
Processing,
Extraction
Manufacturer
Mezzobusiness
Microbusiness
Medical Cannabis
Combination
This group of endorsed
activities turn raw, dried
cannabis and cannabis parts
into other types of cannabis
products, e.g. edibles or
topicals.
Industrial,
Commercial,
Production
Odor
Potential need for
transportation from
facility
Waste, water, and
energy usage
Security
Hemp
Manufacturing
Lower-Potency
Hemp Edible
(LPHE)
Manufacturing
These business convert hemp
into LPHE edible prodcuts.
Industrial,
Commercial,
Production
Odor
Waste, water, and
energy
Wholesale
Wholesale
Cultivator
Manufacturer
Mezzobusiness
Microbusiness
Medical Cannabis
Combination
This activity and license type
allows a business to purchase
from a business growing or
manufacturing cannabis or
cannabis products and sell to
a cannabis business engaged
in retail.
Industrial,
Commercial,
Production
Need for
transportation from
facility
Security
Page 13
Zoning and Land Use (cont.)
Table 1: Cannabis and Hemp Business Activities
82
Page 14
Endorsed Activity
License Type
Eligible to Do
Endorsed Activity
Description of
Activity
Comparable
Districts
Municipal
Considerations
Cannabis Retail
Retailer
Mezzobusiness
Microbusiness
Medical Cannabis
Combination
This endorsed
activity and license
types allow a business
to sell cannabis and
cannabis products
directly to
consumers.
Retail,
Neighborhood
Shopping Districts,
Light Industrial,
Existing districts
where off-sale liquor
or tobacco sales are
allowed.
Micros may offer
onsite consumption,
similar to breweries.
Micros and Mezzos
may include multiple
activities: cultivation,
manufacture, and/or
retail.
Transportation Cannabis
Transporter
This license type
allows a company to
transport products
from one license
type to another.
Fleet based business
that will own multiple
vehicles, but not
necessarily hold a
substantial amount
of cannabis or
cannabis products.
Delivery Cannabis Delivery
This license type
allows for
transportation to the
end consumer.
Fleet based business
that will own multiple
vehicles, but not
necessarily hold a
substantial amount
of cannabis or
cannabis products.
Events Event Organizer
This license entitles
license holder to
organizer a
temporary event
lasting no more than
four days.
Anywhere that the
city permits events
to occur, subject to
other restrictions
related to cannabis
use.
On site
consumption.
Retail sales by a
licensed or endorsed
retail business
possible.
Zoning and Land Use (cont.)
Table 1: Cannabis and Hemp Business Activities (continued)
83
Local Approval Process
Local governments play a critical role in the licensing
process, serving as a near-final approval check on
cannabis businesses nearing the awarding of a state
license for operations. Once an applicant has been
vetted by OCM and is selected for proceeding in the
verification process, they are then required to receive
the local government’s certification of zoning
compliance and/or local retail registration before
operations may commence.
Local Certification of Zoning Compliance (342.13;
342.14)
Following OCM’s vetting process, local governments must certify that the applicant with
preliminary approval has achieved compliance with local zoning ordinances prior to the
licensee receiving final approval from OCM to commence operations.
During the application and licensing process for cannabis businesses, OCM will notify a
local government when an applicant intends to operate within their jurisdiction and request
a certification as to whether a proposed cannabis business complies with local zoning
ordinances, and if applicable, whether the proposed business complies with state fire code
and building code.
According to Minnesota’s cannabis law, a local unit of government has 30 days to respond
to this request for certification of compliance. If a local government does not respond to
OCM’s request for certification of compliance within the 30 days, the cannabis law allows
OCM to issue a license. OCM may not issue the final approval for a license if the local
government has indicated they are not in compliance.
OCM will work with local governments to access the licensing software system to
complete this zoning certification process.
Page 15 84
Local Approval Process (cont.)
Local Retail Registration Process (342.22)
Once the licensing process begins, local government registration applies to cannabis
retailers or other cannabis/hemp businesses seeking a retail endorsement. Local
governments must issue a retail registration after verifying that:
The business has a valid license or license preapproval issued by OCM.
The business has paid a registration fee or renewal fee to the local government;
Initial registration fees collected by a local government may be $500 or half the
amount of the applicable initial license fee, whichever is less, and renewal
registration fees may be $1,000 or half the amount of the applicable renewal
license fee, whichever is less.
The business is found to be in compliance with Chapter 342 and local ordinances.
If applicable, the business is current on all property taxes and assessments for the
proposed retail location.
Local registrations may also be issued by counties if the respective local government
transfers such authorities to the county.
Determining a Process for Limiting Retail Registrations
If a local government wishes to place a limitation on the number of retailers and
microbusiness/mezzobusinesses with retail endorsements allowed within their locality (as
long as there is at least one retail location per 12,500 residents, see Page 10), state law
does not define the process for a local government’s selection if there are more applicants
than registrations available. A few options for this process include the use of a lottery, a
first-come/first-serve model, a rolling basis, and others. Local governments should work
with an attorney to determine their specific process for selection if they wish to limit the
number of licensed cannabis retailers per 342.13. Local governments are not required to
limit the number of licensed cannabis retailers.
Page 16 85
Local Approval Process (cont.)
Local governments are permitted specific authorities for registration refusal and
registration suspension, in addition to—and not in conflict with—OCM authorities.
Registration and Renewal Refusals
Local governments may refuse the registration
and/or certification of a license renewal if the
license is associated with an individual or business
who no longer holds a valid license, has failed to pay
the local registration or renewal fee, or has been
found in noncompliance in connection with a
preliminary or renewal compliance check.
Local Registration Suspension (342.22)
Local governments may suspend the local retail registration of a cannabis business or
hemp business if the business is determined to not be operating in compliance with a
local ordinance authorized by 342.13 or if the operation of the business poses an
immediate threat to the health and safety of the public. The local government must
immediately notify OCM of the suspension if it occurs. OCM will review the
suspension and may reinstate the registration or take enforcement action.
Expedited Complaint Process (342.13)
Per state law, OCM will establish an expedited complaint process during the rulemaking
process to receive, review, read, and respond to complaints made by a local unit of
government about a cannabis business. Upon promulgation of rules, OCM will publish
the complaint process.
At a minimum, the expedited complaint process shall require the office to provide an
initial response to the complaint within seven days and perform any necessary
inspections within 30 days. Within this process, if a local government notifies OCM
that a cannabis business poses an immediate threat to the health or safety of the public,
the office must respond within one business day.
Page 17 86
Inspections & Compliance Checks
Local governments are permitted specific business inspection and compliance check
authorities, in addition to—and not in conflict with—OCM authorities.
Inspections and Compliance Checks (342.22)
Local governments must conduct compliance
checks for cannabis and hemp businesses
holding retail registration at least once per
calendar year. These compliance checks must
verify compliance with age verification
procedures and compliance with any applicable
local ordinance established pursuant to 342.13.
OCM maintains inspection authorities for all
cannabis licenses to verify compliance with
operation requirements, product limits, and
other applicable requirements of Chapter 342.
Page 18 87
Municipal Cannabis Stores
State law requires OCM issue a license to a
city or county seeking to operate a single
municipal cannabis store if the city or
county:
As authorized in Chapter 342.32, local
governments are permitted to apply for
a cannabis retail license to establish and
operate a municipal cannabis store.
Submits required application information to OCM,
Meets minimum requirements for licensure, and
Pays applicable application and license fee.
A municipal cannabis store will not be included in the total count of retail licenses issued by
the state under Chapter 342.
A municipal cannabis store cannot be counted as retail registration for purposes of
determining whether a municipality’s cap on retail registrations imposed by ordinance.
Page 19 88
Creating Your Local Ordinance
Local governments may not prohibit the possession,
transportation, or use of cannabis, or the establishment
or operation of a cannabis business licensed under state
law.
Local governments may adopt reasonable restrictions on
the time, place, and manner of cannabis business
operations (see Page 11).
Local governments may adopt interim ordinances to
protect public safety and welfare, as any studies and/or
further considerations on local cannabis activities are
being conducted, until January 1, 2025. A public hearing
must be held prior to adoption of an interim ordinance.
If your local government wishes to operate a municipal
cannabis store, the establishment and operation of such
a facility must be considered in a local ordinance.
As authorized in 342.13, a local government may adopt a local ordinance regarding
cannabis businesses. Establishing local governments’ ordinances on cannabis businesses in
a timely manner is critical for the ability for local cities or towns to establish local control as
described in the law, and is necessary for the success of the statewide industry and the
ability of local governments to protect public health and safety. The cannabis market’s
potential to create jobs, generate revenue, and contribute to economic development at
the local and state level is supported through local ordinance work. The issuance of local
certifications and registrations to prospective cannabis businesses is also dependent on
local ordinances.
Model Ordinance
For additional guidance regarding the creation of a cannabis related ordinance, please
reference the addendum in this packet.
Page 20 89
Additional Resources
OCM Toolkit for Local Partners
Please visit OCM webpage (mn.gov/ocm/local-governments/) for additional information,
including a toolkit of resources developed specifically for local government partners. The
webpage will be updated as additional information becomes available and as state
regulations are adopted.
These resources are also included in the addendum of this packet.
Toolkit resources include:
Appendix A: Model Ordinance
Appendix B: Hemp Flower and Hemp-Derived Cannabinoid Product Checklist
Appendix C: Enforcement Notice from the Office of Cannabis Management
Appendix D: Notice to Unlawful Cannabis Sellers
Local Organizations
There are several organizations who also have developed resources to support local
governments regarding the cannabis industry. Please feel free to contact the
following for additional resources:
League of Minnesota Cities
Association of Minnesota Counties
Minnesota Public Health Law Center
Page 21 90
Appendix A: Model Ordinance
91
Cannabis Model Ordinance
The following model ordinance is meant to be used as a resource for cities, counties, and townships within
Minnesota. The italicized text in red is meant to provide commentary and notes to jurisdictions considering
using this ordinance and should be removed from any ordinance formally adopted by said jurisdiction.
Certain items are not required to be included in the adopted ordinance: ‘OR’ and (optional) are placed
throughout for areas where a jurisdiction may want to consider one or more choices on language.
Section 1 Administration
Section 2 Registration of Cannabis Business
Section 3 Requirements for a Cannabis Business (Time, Place, Manner)
Section 4 Temporary Cannabis Events
Section 5 Lower Potency Hemp Edibles
Section 6 Local Government as a Retailer
Section 7 Use of Cannabis in Public
AN ORDINANCE OF THE (CITY/COUNTY OF ______) TO REGULATE CANNABIS
BUSINESSES
The (city council/town board/county board) of (city/town/county) hereby ordains:
Section 1. Administration
1.1 Findings and Purpose
(insert local authority) makes the following legislative findings:
The purpose of this ordinance is to implement the provisions of Minnesota Statutes,
chapter 342, which authorizes (insert local authority) to protect the public health, safety,
welfare of (insert local here) residents by regulating cannabis businesses within the legal
boundaries of (insert local here).
(insert local authority) finds and concludes that the proposed provisions are appropriate
and lawful land use regulations for (insert local here), that the proposed amendments will
promote the community's interest in reasonable stability in zoning for now and in the
future, and that the proposed provisions are in the public interest and for the public good.
1.2 Authority & Jurisdiction
A county can adopt an ordinance that applies to unincorporated areas and cities that have
delegated authority to impose local zoning controls.
(insert local authority) has the authority to adopt this ordinance pursuant to:
a) Minn. Stat. 342.13(c), regarding the authority of a local unit of government to
adopt reasonable restrictions of the time, place, and manner of the operation of
92
a cannabis business provided that such restrictions do not prohibit the
establishment or operation of cannabis businesses.
b) Minn. Stat. 342.22, regarding the local registration and enforcement
requirements of state-licensed cannabis retail businesses and lower-potency
hemp edible retail businesses.
c) Minn. Stat. 152.0263, Subd. 5, regarding the use of cannabis in public places.
d) Minn. Stat. 462.357, regarding the authority of a local authority to adopt zoning
ordinances.
Ordinance shall be applicable to the legal boundaries of (insert local here).
(Optional) (insert city here) has delegated cannabis retail registration authority to (insert county here).
However, (insert city here) may adopt ordinances under Sections (2.6, 3 and 4) if (insert county here) has
not adopted conflicting provisions.
1.3 Severability
If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not
be affected thereby.
1.4 Enforcement
The elected body of a jurisdiction can choose to designate an official to administer and
enforce this ordinance.
The (insert name of local government or designated official) is responsible for the
administration and enforcement of this ordinance. Any violation of the provisions of this
ordinance or failure to comply with any of its requirements constitutes a misdemeanor
and is punishable as defined by law. Violations of this ordinance can occur regardless of
whether or not a permit is required for a regulated activity listed in this ordinance.
1.5 Definitions
1. Unless otherwise noted in this section, words and phrases contained in Minn. Stat. 342.01
and the rules promulgated pursuant to any of these acts, shall have the same meanings in
this ordinance.
2. Cannabis Cultivation: A cannabis business licensed to grow cannabis plants within the
approved amount of space from seed or immature plant to mature plant. harvest
cannabis flower from mature plant, package and label immature plants and seedlings
and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a
cannabis manufacturer located on the same premises, and perform other actions
approved by the office.
3. Cannabis Retail Businesses: A retail location and the retail location(s) of a
mezzobusinesses with a retail operations endorsement, microbusinesses with a retail
operations endorsement, medical combination businesses operating a retail location,
(and/excluding) lower-potency hemp edible retailers.
93
4. Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or
domestic, selling cannabis product to a consumer and not for the purpose of resale in any
form.
5. Daycare: A location licensed with the Minnesota Department of Human Services to
provide the care of a child in a residence outside the child's own home for gain or
otherwise, on a regular basis, for any part of a 24-hour day.
6. Lower-potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50.
7. Office of Cannabis Management: Minnesota Office of Cannabis Management, referred to
as “OCM” in this ordinance.
8. Place of Public Accommodation: A business, accommodation, refreshment,
entertainment, recreation, or transportation facility of any kind, whether licensed or not,
whose goods, services, facilities, privileges, advantages or accommodations are extended,
offered, sold, or otherwise made available to the public.
9. Preliminary License Approval: OCM pre-approval for a cannabis business license for
applicants who qualify under Minn. Stat. 342.17.
10. Public Place: A public park or trail, public street or sidewalk; any enclosed, indoor area
used by the general public, including, but not limited to, restaurants; bars; any other food
or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting
rooms; common areas of rental apartment buildings, and other places of public
accommodation.
11. Residential Treatment Facility: As defined under Minn. Stat. 245.462 subd. 23.
12. Retail Registration: An approved registration issued by the (insert local here) to a state-
licensed cannabis retail business.
13. School: A public school as defined under Minn. Stat. 120A.05 or a nonpublic school that
must meet the reporting requirements under Minn. Stat. 120A.24.
14. State License: An approved license issued by the State of Minnesota’s Office of Cannabis
Management to a cannabis retail business.
Section 2. Registration of Cannabis Businesses
A city or town can delegate authority for registration to the County. A city or town can still adopt specific
requirement regarding zoning, buffers, and use in public places, provided said requirements are not in
conflict with an ordinance adopted under the delegated authority granted to the County.
2.1 Consent to registering of Cannabis Businesses
No individual or entity may operate a state-licensed cannabis retail business within (insert
local here) without first registering with (insert local here).
Any state-licensed cannabis retail business that sells to a customer or patient without valid
retail registration shall incur a civil penalty of (up to $2,000) for each violation.
Notwithstanding the foregoing provisions, the state shall not issue a license to any
cannabis business to operate in Indian country, as defined in United States Code, title 18,
section 1151, of a Minnesota Tribal government without the consent of the Tribal
government.
94
2.2 Compliance Checks Prior to Retail Registration
A jurisdiction can choose to conduct a preliminary compliance check prior to issuance of
retail registration.
Prior to issuance of a cannabis retail business registration, (insert local here) (shall/shall
not) conduct a preliminary compliance check to ensure compliance with local ordinances.
Pursuant to Minn. Stat. 342, within 30 days of receiving a copy of a state license
application from OCM, (insert local here) shall certify on a form provided by OCM whether
a proposed cannabis retail business complies with local zoning ordinances and, if
applicable, whether the proposed business complies with the state fire code and building
code.
2.3 Registration & Application Procedure
2.3.1 Fees.
(insert local here) shall not charge an application fee.
A registration fee, as established in (insert local here)’s fee schedule, shall be charged to
applicants depending on the type of retail business license applied for.
An initial retail registration fee shall not exceed $500 or half the amount of an initial state
license fee under Minn. Stat. 342.11, whichever is less. The initial registration fee shall
include the initial retail registration fee and the first annual renewal fee.
Any renewal retail registration fee imposed by (insert local here) shall be charged at the
time of the second renewal and each subsequent renewal thereafter.
A renewal retail registration fee shall not exceed $1,000 or half the amount of a renewal
state license fee under Minn. Stat. 342.11, whichever is less.
A medical combination business operating an adult-use retail location may only be
charged a single registration fee, not to exceed the lesser of a single retail registration fee,
defined under this section, of the adult-use retail business.
2.3.2 Application Submittal.
The (insert local here) shall issue a retail registration to a state-licensed cannabis retail
business that adheres to the requirements of Minn. Stat. 342.22.
(A) An applicant for a retail registration shall fill out an application form, as provided
by the (insert local here). Said form shall include, but is not limited to:
i. Full name of the property owner and applicant;
ii. Address, email address, and telephone number of the applicant;
iii. The address and parcel ID for the property which the retail registration is
sought;
iv. Certification that the applicant complies with the requirements of local
ordinances established pursuant to Minn. Stat. 342.13.
v. (Insert additional standards here)
(B) The applicant shall include with the form:
95
i. the application fee as required in [Section 2.3.1];
ii. a copy of a valid state license or written notice of OCM license
preapproval;
iii. (Insert additional standards here)
(C) Once an application is considered complete, the (insert local government
designee) shall inform the applicant as such, process the application fees, and
forward the application to the (insert staff/department, or elected body that will
approve or deny the request) for approval or denial.
(D) The application fee shall be non-refundable once processed.
2.3.3 Application Approval
(A) (Optional) A state-licensed cannabis retail business application shall not be
approved if the cannabis retail business would exceed the maximum number of
registered cannabis retail businesses permitted under Section 2.6.
(B) A state-licensed cannabis retail business application shall not be approved or
renewed if the applicant is unable to meet the requirements of this ordinance.
(C) A state-licensed cannabis retail business application that meets the requirements
of this ordinance shall be approved.
2.3.4 Annual Compliance Checks.
The (insert local here) shall complete at minimum one compliance check per calendar
year of every cannabis business to assess if the business meets age verification
requirements, as required under [Minn. Stat. 342.22 Subd. 4(b) and Minn. Stat. 342.24]
and this/these [chapter/section/ordinances].
The (insert local here) shall conduct at minimum one unannounced age verification
compliance check at least once per calendar year.
Age verification compliance checks shall involve persons at least 17 years of age but under
the age of 21 who, with the prior written consent of a parent or guardian if the person is
under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis
products, lower-potency hemp edibles, or hemp-derived consumer products under the
direct supervision of a law enforcement officer or an employee of the local unit of
government.
Any failures under this section must be reported to the Office of Cannabis Management.
2.3.5 Location Change
A jurisdiction may decide to treat location changes as a new registration, or alternatively
treat a location change as allowable subject to compliance with the rest of the registration
process.
A state-licensed cannabis retail business shall be required to submit a new application for
registration under Section 2.3.2 if it seeks to move to a new location still within the legal
boundaries of (insert local here).
96
or
If a state-licensed cannabis retail business seeks to move to a new location still within the
legal boundaries of (insert local here), it shall notify (insert local here) of the proposed
location change, and submit necessary information to meet all the criteria in this
paragraph.
2.4 Renewal of Registration
The (insert local here) shall renew an annual registration of a state-licensed cannabis retail
business at the same time OCM renews the cannabis retail business’ license.
A state-licensed cannabis retail business shall apply to renew registration on a form
established by (insert local here).
A cannabis retail registration issued under this ordinance shall not be transferred.
2.4.1 Renewal Fees.
The (insert local here) may charge a renewal fee for the registration starting at the second
renewal, as established in (insert local here)’s fee schedule.
2.4.2 Renewal Application.
The application for renewal of a retail registration shall include, but is not limited to:
• Items required under Section 2.3.2 of this Ordinance.
• Insert additional items here
2.5 Suspension of Registration
2.5.1 When Suspension is Warranted.
The (insert local here) may suspend a cannabis retail business’s registration if it violates
the ordinance of (insert local here) or poses an immediate threat to the health or safety
of the public. The (insert local here) shall immediately notify the cannabis retail business
in writing the grounds for the suspension.
2.5.2 Notification to OCM.
The (insert local here) shall immediately notify the OCM in writing the grounds for the
suspension. OCM will provide (insert local here) and cannabis business retailer a response
to the complaint within seven calendar days and perform any necessary inspections within
30 calendar days.
2.5.3 Length of Suspension.
A jurisdiction can wait for a determination from the OCM before reinstating a registration.
The suspension of a cannabis retail business registration may be for up to 30 calendar
days, unless OCM suspends the license for a longer period. The business may not make
sales to customers if their registration is suspended.
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The (insert local here) may reinstate a registration if it determines that the violations have
been resolved.
The (insert local here) shall reinstate a registration if OCM determines that the violation(s)
have been resolved.
2.5.4 Civil Penalties.
Subject to Minn. Stat. 342.22, subd. 5(e) the (insert local here) may impose a civil penalty,
as specified in the (insert local here)’s Fee Schedule, for registration violations, not to
exceed $2,000.
2.6 Limiting of Registrations
A jurisdiction may choose to set a limit on the number of retail registrations within its
boundaries. The jurisdiction may not however, limit the number of registrations to fewer
than one per 12,500 residents.
(Optional) The (insert local here) shall limit the number of cannabis retail businesses to
no fewer than one registration for every 12,500 residents within (insert local legal
boundaries here).
(Optional) If (insert county here) has one active cannabis retail businesses registration for
every 12,500 residents, the (insert local here) shall not be required to register additional
state-licensed cannabis retail businesses.
(Optional) The (insert local here) shall limit the number of cannabis retail businesses to
(insert number <= minimum required).
Section 3. Requirements for Cannabis Businesses
State Statutes note that jurisdictions may “adopt reasonable restrictions on the time, place, and manner
of the operation of a cannabis business.” A jurisdiction considering other siting requirements (such as a
buffer between cannabis businesses, or a buffer from churches) should consider whether there is a basis
to adopt such restrictions.
3.1 Minimum Buffer Requirements
A jurisdiction can adopt buffer requirements that prohibit the operation of a cannabis
business within a certain distance of schools, daycares, residential treatment facilities, or
from an attraction within a public park that is regularly used by minors, including a
playground or athletic field. Buffer requirements are optional. A jurisdiction cannot
adopt larger buffer requirements than the requirements here in Section 3.1. A jurisdiction
should use a measuring system consistent with the rest of its ordinances, e.g. from lot
line or center point of lot.
(Optional) The (insert local here) shall prohibit the operation of a cannabis business within
[0-1,000] feet of a school.
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(Optional) The (insert local here) shall prohibit the operation of a cannabis business within
[0-500] feet of a day care.
(Optional) The (insert local here) shall prohibit the operation of a cannabis business within
[0-500] feet of a residential treatment facility.
(Optional) The (insert local here) shall prohibit the operation of a cannabis business within
[0-500] feet of an attraction within a public park that is regularly used by minors, including
a playground or athletic field.
(Optional) The (insert local here) shall prohibit the operation of a cannabis retail business
within [X] feet of another cannabis retail business.
Pursuant to Minn. Stat. 462.367 subd. 14, nothing in Section 3.1 shall prohibit an active
cannabis business or a cannabis business seeking registration from continuing operation
at the same site if a (school/daycare/residential treatment facility/attraction within a
public park that is regularly used by minors) moves within the minimum buffer zone.
3.2 Zoning and Land Use
For jurisdictions with zoning, said jurisdiction can limit what zone(s) Cannabis businesses
can operate in. As with other uses in a Zoning Ordinance, a jurisdiction can also
determine if such use requires a Conditional or Interim Use permit. A jurisdiction cannot
outright prohibit a cannabis business. A jurisdiction should amend their Zoning
Ordinance and list what zone(s) Cannabis businesses are permitted in, and whether they
are permitted, conditional, or interim uses. While each locality conducts its zoning
differently, a few themes have emerged across the country. For example, cannabis
manufacturing facilities are often placed in industrial zones, while cannabis retailers are
typically found in commercial/retail zones. Cannabis retail facilities align with general
retail establishments and are prohibited from allowing consumption or use onsite and
are also required to have plans to prevent the visibility of cannabis and hemp-derived
products to individuals outside the retail location. Cannabis businesses should be zoned
under existing zoning ordinances in accordance with the license type or endorsed
activities held by the cannabis business.
3.2.1. Cultivation.
Cannabis businesses licensed or endorsed for cultivation are permitted as a (type of use)
in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Cannabis Manufacturer.
Cannabis businesses licensed or endorsed for cannabis manufacturer are permitted as a
(type of use) in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
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3.2.1. Hemp Manufacturer.
Businesses licensed or endorsed for low-potency hemp edible manufacturers permitted
as a (type of use) in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Wholesale.
Cannabis businesses licensed or endorsed for wholesale are permitted as a (type of use)
in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Cannabis Retail.
Cannabis businesses licensed or endorsed for cannabis retail are permitted as a (type of
use) in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Cannabis Transportation.
Cannabis businesses licensed or endorsed for transportation are permitted as a (type of
use) in the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.2.1. Cannabis Delivery.
Cannabis businesses licensed or endorsed for delivery are permitted as a (type of use) in
the following zoning districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
3.3 Hours of Operation
A jurisdiction may adopt an ordinance limiting hours of operation between 10 a.m. and 9
p.m., seven days a week, and that State statute prohibits the sale of cannabis between 2
a.m. and 8 a.m., Monday through Saturday, and between 2 a.m. and 10 a.m. on
Sundays.
(Optional) Cannabis businesses are limited to retail sale of cannabis, cannabis flower,
cannabis products, lower-potency hemp edibles, or hemp-derived consumer products
between the hours of (insert time here) and (insert time here).
3.4 (Optional) Advertising
Cannabis businesses are permitted to erect up to two fixed signs on the exterior of the
building or property of the business, unless otherwise limited by (insert local here)’s sign
ordinances.
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Section 4. Temporary Cannabis Events
Any individual or business seeking to obtain a cannabis event license must provide OCM information
about the time, location, layout, number of business participants, and hours of operation. A cannabis
event organizer must receive local approval, including obtaining any necessary permits or licenses issued
by a local unit of government before holding a cannabis event.
4.1 License or Permit Required for Temporary Cannabis Events
4.1.1 License Required.
A cannabis event organizer license entitles the license holder to organize a temporary
cannabis event lasting no more than four days. A jurisdiction should determine what type
of approval is consistent with their existing ordinances for events.
A license or permit is required to be issued and approved by (insert local here) prior to
holding a Temporary Cannabis Event.
4.1.2 Registration & Application Procedure
A registration fee, as established in (insert local here)’s fee schedule, shall be charged to
applicants for Temporary Cannabis Events.
4.1.3 Application Submittal & Review.
The (insert local here) shall require an application for Temporary Cannabis Events.
(A) An applicant for a retail registration shall fill out an application form, as provided
by the (insert local here). Said form shall include, but is not limited to:
i. Full name of the property owner and applicant;
ii. Address, email address, and telephone number of the applicant;
iii. (Insert additional standards here)
(B) The applicant shall include with the form:
i. the application fee as required in (Section 4.1.2);
ii. a copy of the OCM cannabis event license application, submitted pursuant
to 342.39 subd. 2.
The application shall be submitted to the (insert local authority), or other designee for
review. If the designee determines that a submitted application is incomplete, they shall
return the application to the applicant with the notice of deficiencies.
(C) Once an application is considered complete, the designee shall inform the
applicant as such, process the application fees, and forward the application to the
(insert staff/department, or elected body that will approve or deny the request) for
approval or denial.
(D) The application fee shall be non-refundable once processed.
(E) The application for a license for a Temporary Cannabis Event shall meet the
following standards:
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A jurisdiction may establish standards for Temporary cannabis events which the event
organizer must meet, including restricting or prohibiting any on-site consumption. If
there are public health, safety, or welfare concerns associated with a proposed cannabis
event, a jurisdiction would presumably be authorized to deny approval of that event.
• Insert standards here
(G) A request for a Temporary Cannabis Event that meets the requirements of this
Section shall be approved.
(H) A request for a Temporary Cannabis Event that does not meet the requirements
of this Section shall be denied. The (insert city/town/county) shall notify the
applicant of the standards not met and basis for denial.
(Optional) Temporary cannabis events shall only be held at (insert local place).
(Optional) Temporary cannabis events shall only be held between the hours of (insert start
time) and (insert stop time).
Section 5. (Optional) Lower-Potency Hemp Edibles
A jurisdiction can establish different standards or requirements regarding Low-Potency Edibles. A
jurisdiction can consider including the following section and subsections in their cannabis ordinance.
5.1 Sale of Low-Potency Hemp Edibles
The sale of Low-Potency Edibles is permitted, subject to the conditions within this
Section.
5.2 Zoning Districts
If sales are permitted, a jurisdiction can limit what zone(s) the sales of Low-Potency
Edibles can take place in. A jurisdiction can also determine if such activity requires a
Conditional or Interim Use permit.
Low-Potency Edibles businesses are permitted as a (type of use) in the following zoning
districts:
• (Insert zoning districts use is permitted in here)
• (Insert zoning districts use is permitted in here)
5.3 (Optional) Additional Standards
5.3.1 Sales within Municipal Liquor Store.
A jurisdiction that already operates a Municipal Liquor Store may sell Low-Potency
Edibles within the same store.
The sale of Low-Potency Edibles is permitted in a Municipal Liquor Store.
5.3.2 Age Requirements.
A jurisdiction is able to restrict the sale of Low-Potency Edibles to locations such as bars.
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The sale of Low-Potency Edibles is permitted only in places that admit persons 21 years
of age or older.
5.3.3 Beverages.
The sale of Low-Potency Hemp Beverages is permitted in places that meet requirements
of this Section.
5.3.4 Storage of Product.
A jurisdiction is able to set requirements on storage and sales of Low-Potency Edibles.
Low-Potency Edibles shall be sold behind a counter, and stored in a locked case.
Section 6. (Optional) Local Government as a Cannabis Retailer
(insert local here) may establish, own, and operate one municipal cannabis retail business
subject to the restrictions in this chapter.
The municipal cannabis retail store shall not be included in any limitation of the number
of registered cannabis retail businesses under Section 2.6.
(insert local here) shall be subject to all same rental license requirements and procedures
applicable to all other applicants.
Section 7 Use in Public Places
No person shall use cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products in a public place or a place of public accommodation unless the premises is an
establishment or an event licensed to permit on-site consumption of adult-use.
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Appendix B: Hemp Flower and Hemp-
Derived Cannabinoid Product Checklist
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Office of Cannabis Management
Department of Health
Hemp Flower and Hemp-Derived Cannabinoid Product Checklist
Minnesota Statute 18K.02, Definitions
Minnesota Statute 152.01, Subdivision 9
Minnesota Statute 151.72, Sale of Certain Cannabinoid Products
Minnesota Statute 152.0264, Cannabis Sale Crimes
Minnesota Statute 342.09, Personal Adult Use of Cannabis
Question Yes No Comments Additional Information
Business License and Registration Compliance
Is the business registered with
the Minnesota Department of
Health?
All businesses selling hemp-derived cannabinoid products must
be registered. See Hemp-Derived Cannabinoid Products
(www.health.state.mn.us/people/cannabis/edibles/index.html)
If the business offers on-site
consumption, do they have a
liquor license?
Local authorities issue on-site consumption licenses. These are
required for all businesses permitting on-site consumption of
THC.
Product Compliance – All Products
Does the business ensure that all
sales are made to persons 21
years old or older?
Only persons 21 years of age or older may purchase hemp-
derived cannabinoid products, with the exception of topicals.
These products may be sold to anyone.
Does the business have all edible
cannabinoid products, except
beverages, behind the counter or
in a locked cabinet?
Businesses must ensure all edible cannabinoid products are
secure and inaccessible to customers.
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Question Yes No Comments Additional Information
Only delta-8 and delta-9 are
allowed for human consumption.
Does the business sell edibles or
beverages with any other
intoxicating cannabinoids?
MDH has identified products containing many different
intoxicating cannabinoids, such as HHC, THC-O, THC-P, PHC,
delta-10, delta-11, delta-8p, delta-9p, etc. The product must
contain only delta-8 and/or delta-9.
Does the business sell any edible
products that are similar to a
product marketed to or
consumed by children?
Edible products that appear similar to candy or snacks
marketed toward or consumed by children are not allowed.
Does the label on the edible or
beverage state “Keep out of
reach of children”?
All products must include the warning label “Keep out of reach
of children.”
Is the manufacturer’s name,
address, website, and contact
phone number included on the
label or provided through a QR
code?
If not, the product is not in compliance.
Does the QR code on the product
bring the user to a Certificate of
Analysis on the website, which
includes the name of the
independent testing laboratory,
cannabinoid profile, and product
batch number?
All products must be tested by batch in an independent,
accredited laboratory. The results must include the
cannabinoid profile.
Does the label on the product
indicate the cannabinoids by
serving and in total?
The label must indicate the potency by individual serving as
well as in total.
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Question Yes No Comments Additional Information
Does the label on the product
make any claim the product
offers any kind of health benefit?
Health claims are not permitted on hemp or cannabis products
unless approved by the FDA. At this time, there is not an
approved statement.
Does the label on the product
state that the product does not
claim to diagnose, treat, cure or
prevent any disease?
The manufacturer cannot claim the product will provide any
health benefit unless the product has been formally approved
by the FDA.
Does the business sell CBD (or
other forms of cannabidiol) in
the form of a softgel, tablet, or
tincture?
Non-intoxicating cannabinoids may only be sold in the form of
an edible, beverage, or topical. Therefore, softgels and tablets
cannot be sold. Tinctures must be labeled as either an edible or
beverage and comply with the edible or beverage
requirements.
Product Compliance – Edibles
Does the edible product contain
more than 5 mg delta-8 and/or
delta-9 per serving?
Edibles may not exceed 5 mg delta-8 and/or delta-9 per
serving.
Does the edible product
package/container contain more
than 50 mg total THC (delta-8
and/or delta-9)?
Edibles may not exceed 50 mg total delta-8 or delta-9 per
package. The edible cannot contain any other form of THC or
intoxicating cannabinoid.
Are all the edible product’s
servings clearly marked,
wrapped, or scored on the
product?
Edible product servings must be clearly distinguished on the
product. Bulk products that require the consumer to measure
are not allowed.
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Question Yes No Comments Additional Information
Does the business sell any edible
products in the shape of bears,
worms, fruits, rings, ribbons?
Edibles in shapes that appeal to children are not allowed.
Is the edible product in a child-
proof, tamper-evident, opaque
container?
All edibles must be in a container that is child-resistant and
tamper evident. If the container is clear, the business must
place the edible into an opaque bag at the point of sale. Clear
bags are not allowed.
Product Compliance - Beverages
Does the beverage product
contain more than 5 mg delta-8
or delta-9 per serving?
Beverages may not exceed 5 mg delta-8 and/or delta-9 per
serving.
Does the beverage product
contain more than 2 servings?
Beverages cannot exceed two servings, regardless of the THC
potency.
Is the beverage product in an
opaque container?
If the beverage is in a clear container, the business must place
the beverage in an opaque bag at the point of sale.
Product Compliance – Smokables (non-flower)
Does the business sell vapes, pre-
rolls, dabs, or other smokable
products which contain more
than 0.3% THC?
A product’s certificate of analysis will show the concentration
of THC the product contains. The certificate typically is found
through the QR code on the product package. In MDH’s
experience, most vapes contain 50% - 90%+ THC.
Pre-rolls may consist of raw hemp flower. These products are
not regulated by 151.72. However, if a pre-roll is labeled as
“infused” or “coated” have additional cannabinoids applied to
the material, of which the product typically exceeds the 0.3%
THC limit.
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Question Yes No Comments Additional Information
Does the business sell vapes, pre-
rolls, dabs, or other smokeable
products that contain other
intoxicating cannabinoids, such
as HHC?
MN Statutes do not allow any cannabinoid, other than delta-8
or delta-9, to be sold if the cannabinoid is intended to alter the
structure or function of the body. HHC is a cannabinoid known
to have potency greater than THC.
Does the business sell vapes, pre-
rolls, dabs, or other smokable
products which contain CBD?
Non-intoxicating cannabinoids cannot be smoked, vaped, or
inhaled.
Product Compliance – Flower
Does the business sell raw hemp
flower?
Raw hemp flower must contain 0.3% or less of delta-9 on a dry
weight basis. Products exceeding 0.3% delta-9 dry weight are
marijuana, and are illegal for sale.
THC-A is the non psychoactive precursor to delta-9. Once
heated THC-A converts to delta-9. In that process some
amount of THC-A is lost.
To determine whether, once heated, the hemp flower will
exceed the allowable 0.3% of delta-9, one can use a
decarboxylation formula which takes into account the
conversion of THC-A into delta-9.
That formula is as follows:
Total THC = (0.877 X THC-A) + d-9 THC)
Raw flower must include a certificate of analysis to show
testing below 0.3% delta-9.
• A lack of a certificate of analysis would constitute an
illegal sale.
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Question Yes No Comments Additional Information
• A certificate of analysis showing that under the
decarboxylation formula that delta-9 would exceed
the 0.3% threshold would also indicate the flower is
cannabis and not hemp and therefore being sold
illegally.
Product Compliance – On-Site Consumption
If the business offers on-site
consumption, do they serve the
edible or beverage in its original
packaging?
The business may not pour out or remove an edible from its
original packaging.
If the business offers on-site
consumption, do they mix a
cannabis-infused beverage with
alcohol?
The business may not mix cannabis-infused products with
alcohol.
If the business offers on-site
consumption, do they permit
customers to remove from the
premises products which have
been removed from their original
packaging?
Products which have been removed from their original
packaging cannot be removed from the premises by the
customer.
NOTE: If a person suspects that a hemp-derived cannabinoid product is being sold in violation of Minnesota law, they can use the complaint
form at Submitting Hemp-Derived Cannabinoid Product Complaints (www.health.state.mn.us/people/cannabis/edibles/complaints.html).
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Appendix C: Enforcement Notice from
the Office of Cannabis Management
111
Enforcement Notice from the Office of Cannabis
Management
Dear Registered Hemp Derived Cannabinoid Business:
The Office of Cannabis Management (OCM), established in 2023, is charged with developing and implementing
the operational and regulatory systems to oversee the cannabis industry in Minnesota as provided in Minnesota
Statutes Chapter 342.
When Minnesota legalized the sale of adult-use of cannabis flower, cannabis products, and lower-potency hemp
edibles/ hemp-derived consumer products, the Minnesota Legislature included statutory provisions, Minnesota
Statutes, chapter 152.0264, making the sale of cannabis illegal until a business is licensed by OCM. The Office of
Cannabis Management has not yet issued licenses for the cultivation, manufacture, wholesale, transportation or
retail sale of cannabis, therefore any retail sales of cannabis products, including cannabis flower, are illegal.
The Office of Cannabis Management has received complaints of retailers selling cannabis flower under the label
of hemp flower. Under an agreement between The Minnesota Department of Health (MDH) and OCM,
inspectors from MDH will begin to examine any flower products being sold during their regular inspections to
determine whether they are indeed hemp flower or cannabis flower.
In distinguishing between hemp and cannabis flower, OCM, consistent with federal rules and regulations related
to hemp under 7 CFR 990.1, will consider the total concentration of THC post- decarboxylation, which is the
process by which THC-A is converted into Delta-9 to produce an intoxicating effect. The examination of raw
flower products will include reviewing the certificate of analysis for compliance in several areas, including:
Compliance with the requirement that raw flower listed for sale includes a Certificate of Analysis (COA).
Products for sale without a COA will constitute an illegal sale.
A COA that affirms concentrations of 0.3% or less of Delta-9 on a dry weight basis. Products exceeding 0.3%
Delta-9 dry weight are considered marijuana and are therefore illegal to sell.
A COA that confirms that the total levels of Delta-9 and THC-A after the decarboxylation process do not exceed
0.3%. A COA that indicates the raw flower will exceed 0.3 percent Delta-9 post-decarboxylation, or a subsequent
test conducted by an independent laboratory utilized by OCM that confirms Delta-9 in excess of 0.3 percent will
be considered illegal.
Minnesota Statutes, Chapter 342 governs Minnesota’s cannabis market, and empowers OCM to ensure
regulatory compliance. Minnesota Statutes, chapter 342.09, subdivision 4 prohibits the retail sale of cannabis
flower and cannabis products “without a license issued under this chapter that authorizes the sale.”
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To date, the Office of Cannabis Management has not issued any cannabis licenses, applications for licenses are
expected to be available in the first half of 2025. As such, selling cannabis is a clear violation of law. Be aware
that under Minnesota Statutes, 342.09, subdivision 6, OCM may assess fines in excess of a $1 million for
violations of this law. Likewise, under Minnesota Statutes, chapter 342.19, OCM is empowered to embargo any
product that it has “probable cause to believe . . . is being distributed in violation of this chapter or rules
adopted under this chapter[.]” Furthermore, violations of law may be considered in future licensing decisions
made by OCM.
As inspectors enter the field, we encourage you to review the products you are currently selling to ensure they
fall within the thresholds outlined above. If you have any questions related to the products you are selling,
please send an email to cannabis.info@state.mn.us.
Thank you for your attention to this matter.
Charlene Briner
Interim Director
Office of Cannabis Management
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Appendix D: Notice to Unlawful
Cannabis Sellers
114
Notice to Unlawful Cannabis Sellers
This notice is to inform you that your current course of action may run afoul of Minnesota law, and
continuing this course of action may result in civil actions and potential criminal prosecution. To avoid
such outcomes, you should immediately cease and desist any plans to engage in the unlicensed sale of
cannabis and cannabis products.
Minnesota Statutes, Chapter 342 (www.revisor.mn.gov/statutes/cite/342) governs Minnesota’s
cannabis market, and empowers OCM to ensure regulatory compliance. Minnesota Statutes, chapter
342.09, subdivision 4 (www.revisor.mn.gov/statutes/cite/342.09#stat.342.09.4) prohibits the retail sale
of cannabis flower and cannabis products “without a license issued under this chapter that authorizes
the sale.” To date the Office of Cannabis Management has not issued any retail, or other, cannabis
licenses. As such, your plan to sell cannabis in a retail setting at this date would be in flagrant violation
of the law. Be aware that under Minnesota Statutes, 342.09, subdivision 6
(www.revisor.mn.gov/statutes/cite/342.09#stat.342.09.6), OCM may assess fines in excess of a
$1,000,000 for violations of this law.
Likewise, under Minnesota Statutes, chapter 342.19 (www.revisor.mn.gov/statutes/cite/342.19), OCM
is empowered to embargo any product that it has “probable cause to believe . . . is being distributed in
violation of this chapter or rules adopted under this chapter[.]” It is believed that products attempted
to be sold at your retail location might be distributed in violation of the law, and would therefore be
subject to embargo by OCM. Under Minnesota Statutes, chapter 342.19, subd. 2
(www.revisor.mn.gov/statutes/cite/342.19#stat.342.19.2), once embargoed OCM “shall release the
cannabis plant, cannabis flower, cannabis product, artificially derived cannabinoid, lower-potency
hemp edible, or hemp-derived consumer product when this chapter and rules adopted under this
chapter have been complied with or the item is found not to be in violation of this chapter or rules
adopted under this chapter.”
While Minnesota has legalized the sale of adult-use of cannabis flower, cannabis products, lower-potency
hemp edibles, or hemp-derived consumer products, the legislature did add new statutory provisions,
Minnesota Statutes, chapter 152.0264 (www.revisor.mn.gov/statutes/cite/152.0264), making illegal the
unlawful sale of cannabis. As there are not yet any licenses issued by OCM for the cultivation,
manufacture, wholesale, transportation, or retail of cannabis, any sales of cannabis products in excess of
the limits in 152.0264 is illegal.
If you are only planning to sell cannabinoid products that are derived from hemp, you should ensure that
the sale of those products is consistent with Minnesota Statutes, chapter 151.72
(www.revisor.mn.gov/statutes/cite/151.72), including but not limited to the requirement that your
business be registered with the Commissioner of Health, and that all products are in compliance with the
relevant statutes.
Finally, in addition to the state laws outlined above, please be aware that any retail location must be in
compliance with local government ordinances and zoning requirements.
OCM takes seriously its charge to enforce Minnesota Statutes, Chapter 342, and its responsibility to
ensure a safe and legal cannabis market. In order to avoid the above-described actions, all attempts to
open a cannabis retail dispensary in Minnesota without the appropriate license should be ceased.
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www.publichealthlawcenter.org
September 2024
This model ordinance was
prepared to assist Minnesota
counties and cities interested
in establishing local regulation
of cannabis and lower-potency
hemp edible retailers.
Edible hemp products containing intoxicating
levels of THC were legalized for manufacture
and sale in Minnesota on July 1, 2022. Cannabis
use was legalized on Aug. 1, 2023, and it is
anticipated that cannabis retail establishments
will be licensed for sales sometime in 2025. All
cannabis retailers or cannabis businesses that
are permitted to engage in retail sales, will be
required to secure a license from the Office of
Cannabis Management and register with their
local unit of government before sales are allowed.
Updates to the 2023 cannabis legalization law
were made by the Minnesota Legislature in 2024
to allow the Office of Cannabis Management
(OCM) to “preapprove” licenses for certain
cannabis businesses July 24, 2024, through
A Model Ordinance for Minnesota City Retailers
LOWER-POTENCY HEMP EDIBLES & CANNABIS
CANNABIS
116
www.publichealthlawcenter.org 2Lower-Potency Hemp Edibles & Cannabis: Minnesota City Retailers
August 12, 2024. Full licensing of cannabis businesses and hemp businesses will occur after
rulemaking is completed in 2025. Hemp businesses, including lower-potency hemp edible
retailers, are currently required to register with the state; the requirement to register with the
Minnesota Department of Health began Oct. 1, 2023, and the authority over these registrations
transferred to OCM beginning July 1, 2024. Since legalization, some local governments have
enacted moratoria, licensing, and other ordinances to regulate cannabis businesses and lower-
potency hemp edible retailers. State law requires that -local moratoria and licensing over these
entities must expire on January 1, 2025. Local units of government are required to register
cannabis and lower-potency hemp retailers that are pre-approved for licenses and licensed by
the state. While local units of government do not have licensing authority, they may use their
registration authority as a framework to set local regulations for the sale of these products
through authority granted in the state cannabis law, their authority to regulate to protect the
general health, safety, and welfare of the community, and, in some cases, their public health
authority. From a public health standpoint, local units of government may wish to explore these
other areas of regulatory authority that may be aimed at reducing youth exposure and access,
in addition to other areas that emphasize public health and prevention surrounding the sale of
adult-use cannabis and lower-potency hemp edibles.
While hemp businesses are subject to OCM licensing requirements, they are not explicitly
included in all aspects of the “cannabis business”1 regulatory scheme. As such, local
governments may have broader authority to regulate hemp businesses more stringently
beyond the time, place, and manner restrictions prescribed for the regulation of cannabis
businesses by local units of government. However, local units of government are not allowed to
outright prohibit cannabis and hemp businesses.
It is important to note that local regulation of the retail sale of cannabis and lower-potency
hemp edibles is untested in Minnesota courts. While the law is clear about some areas of
local regulation that are permitted and not permitted, there is ambiguity in the law. For more
information on authority for local regulation of the retail sale of cannabis, please see the
Public Health Law Center’s resources: Minnesota Regulation of Legalized Cannabis: FAQ Public
Health Options and Minnesota’s New Cannabis Law. A jurisdiction planning to adopt this model
ordinance, in whole or in part, should first review it with its attorney to determine suitability
for the jurisdiction’s circumstances. The city or county attorney should review the planned
ordinance to ensure it conforms to applicable state and federal laws.
1 Cannabis businesses are defined to include the cannabis-specific businesses that will be licensed under the law,
including cannabis microbusinesses, mezzobusinesses, cultivators, manufacturers, retailers, wholesalers, trans-
porters, testing facilities, event organizers, delivery services, and medical cannabis combination businesses. Minn.
Stat. § 342.01, subd. 14
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Tips for Using This Model Ordinance
This model ordinance represents a balance between state standards, best public health policy
practices, and practicality for city governments in Minnesota. Communities will differ on
their readiness and willingness to adopt certain policy components contained in this model
ordinance and, therefore, may or may not choose to adopt policies that may go beyond
minimum state requirements. As noted above, some of these provisions would apply only to
those selling lower-potency hemp edibles, some will apply only to cannabis retailers, and some
will apply to both types of retailers. This is a summary of each category:
Provisions that would apply only to lower-potency hemp edible retailers:
z Limiting the number of lower-potency hemp edible retailers in a jurisdiction and regulating
the distance between these retailers and youth-oriented facilities (see Registration Cap for
Lower-Potency Hemp Edible Retailers and Cannabis Retailers on page 14).
z Restricting the sale of lower-potency edibles to retail locations in which only persons 21
years and older are permitted, or restricting sales to cannabis retailers;
z Requiring lower-potency hemp beverages to be prohibited in self-service displays as is
already the case under state law regarding non-beverage lower-potency hemp edibles.
z Establishing a minimum clerk age for employees selling lower-potency hemp edibles and
beverages.
z Prohibiting pharmacies from selling lower-potency hemp edible products.
z Requiring products only be sold in child-resistant packaging.
z Prohibiting sales of beverages for on-site consumption that are removed from their original
packaging.
z Prohibiting sales of products that may be added to food or beverages.
z Prohibiting on-site consumption of lower-potency hemp edibles.
Provisions that would apply only to cannabis retailers:
z Prohibiting the sale of flavored products that are consumed by smoking or vaping.
z Restricting the hours of operation.
z Restricting the sale of higher-potency products.
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Provisions that apply to both lower-potency hemp edible retailers and cannabis retailers:
z Raising the minimum legal sales age to 25.
z Restricting the redemption of coupons, and other price promotions.
z Prohibiting the delivery and/or online sales of cannabis and lower-potency hemp edible
products.
z Prohibiting the distribution of free samples of cannabis and lower-potency hemp edibles.
z Prohibiting all smoking within the retail establishment.
Some provisions in this ordinance mirror the state law requirements while other provisions are
more protective than the state law. Public health provisions that strictly conform to the state law
are highlighted in green and public health provisions that exceed state law are highlighted in
orange . Provisions that are primarily structural or necessary for the operation of the ordinance
are not highlighted. This model ordinance includes provisions that mirror state law, which
enables local enforcement actions along with the state OCM enforcement of such provisions.
City and County Authority to Register and Regulate Cannabis and
Lower-Potency Hemp Edible Retailers
State law allows cities and townships to delegate to the county their authority to register
cannabis and lower-potency hemp edible retailers. (Minn. Stat. § 342.22, subd. 1) Counties will
be responsible for the registration of retailers in any unincorporated area of the county and
in any local units of government within the county that choose to delegate their registration
authority. Along with registration authority, counties have the authority to regulate such
businesses under the public health authority granted to them by the state under Minn. Stat.
Chapter 145A. State law allows cities and towns to enact stronger protections than the county,
but they cannot have policies less restrictive than those counties enact under their public
health authority. Cities or towns using this model policy should review any county requirements
to ensure conformity or identify opportunities to enact more protective regulations.
Customizing the Ordinance
Context boxes are included throughout the ordinance to explain some key provisions. These
boxes are not meant to be included in any final ordinance. A local unit of government wishing
to adopt all or part of this ordinance should keep this in mind and remove the context boxes.
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In some instances, blanks (such as [ ____ ]) prompt you to customize the language to fit your
community’s needs. In other instances, the ordinance offers you a choice of options (such as
[ choice one/choice two ]). Some options are followed by a comment that describes the legal
provisions in more detail. A degree of customization is always necessary to make sure the
ordinance is consistent with a community’s existing laws. Such customization also ensures that
communities are using this model ordinance to address local needs and engender health equity.
Immigration Impacts of Cannabis and Lower-Potency Hemp Edibles Use or Sale
Federal law still prohibits and criminalizes the sale, use, possession, or growing of cannabis,
despite Minnesota’s decriminalization and legalization. As such, anyone who is not a U.S.
citizen and who possesses, uses, sells, grows, or interacts in any way with cannabis or works in
the cannabis industry may face severe immigration consequences, including the loss of legal
permanent residency or other immigration status, or their removal or deportation from the
United States. (8 U.S.C. § 1182(a)(2); 8 U.S.C. § 1227(a)(2)(B)(1); 8 U.S.C. § 1227(a)(1)) According to
the Immigrant Law Center of Minnesota, even lower-potency hemp edibles may trigger some
immigration consequences.
Unfortunately, most non-citizens are not aware of these risks, particularly in states that have
decriminalized or legalized cannabis. Prior to issuing a registration, state and local governments
are encouraged to alert registrants, registration applicants, and their employees that there are
immigration risks for non-citizens who interact with cannabis or the cannabis industry and that
these risks exist regardless of any local or state license or registration. Registrants who employ
or contract with non-citizens for any task related to their cannabis business may put those
non-citizen employees and their family members at risk of losing their legal status or facing
deportation from the United States. This is the case even for those non-citizens who work with
employment authorization granted by the U.S. Department of Homeland Security.
The Immigrant Law Center of Minnesota provides background information that could be
incorporated into an information notice to be disseminated by the local offices that process
cannabis retail establishment registrations. The information is available in several languages.
Please contact the Immigrant Law Center of Minnesota for further information.
For an example of such an information notice from the State of California, see Non-U.S. Citizen
Referral Process and Possible Legal Consequences when Working in the Cannabis Industry.
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Notice
For Cities
This ordinance is drafted in the form prescribed by state law for statutory cities. Statutory cities
must publish their ordinances — or a summary thereof — in the city’s official newspaper before
they become effective. Home rule charter cities may have to follow the formatting and other
procedural requirements found in their city’s charter. Charter cities should consult their charter
and their city attorney to ensure they are in compliance with all charter requirements. All cities
must provide copies of their ordinances to their county law library or its designated depository
pursuant to Minn. Stat. § 415.021.
Additionally, Minn. Stat. § 415.19 requires statutory and home rule charter cities to post
proposed new ordinances and ordinance amendments on the city website at least 10 days
prior to a final vote by the city council, if the city already posts ordinances on its website. Under
the same statute, within 10 days of a final vote, cities must also provide this same notice to all
city listserv subscribers via their electronic notification system or, if the city does not have an
electronic notification system, in the location where the city posts public notices.
Note
While the Public Health Law Center does not lobby, advocate, or directly represent communities,
adopting effective public health policies starts early with education, stakeholder and community
engagement, and a strong advocacy plan. If a community is unaware of resources available to
them for engaging the community and developing an advocacy plan, or if a jurisdiction is considering
adopting an ordinance and is interested in learning about the range of resources available, the Public
Health Law Center can help through our publications and referrals to experts in the field.
This model ordinance was prepared by the Public Health Law Center, located at the Mitchell Hamline School of Law
in St. Paul, Minnesota, and made possible by the financial support of the Center for Prevention at Blue Cross & Blue
Shield of Minnesota.
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ORDINANCE NO. [ _________ ]
AN ORDINANCE REGULATING THE RETAIL SALE OF CANNABIS
AND LOWER-POTENCY HEMP EDIBLES WITHIN THE
[ CITY OF _________ ], MINNESOTA
THE [ CITY COUNCIL OF THE CITY OF _________ ] DOES ORDAIN:
Section 1. Findings of Fact. 8
Section 2. Authority and Jurisdiction. 8
Section 3. Definitions. 8
Section 4. Registration and Operations of Registered Retailers. 12
Section 5. Fees. 15
Section 6. Basis for Denial of Registration 15
Section 7. Prohibited Sales and Other Restrictions. 16
Section 8. Temporary Cannabis Events. 26
Section 9. Compliance Checks and Inspections. 26
Section 10. Responsibility. 27
Section 11. Defenses. 27
Section 12. Violations, Penalties, and Administrative Hearings. 28
Section 13. Severability. 30
Section 14. Effective Date. 30
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Section 1. Findings of Fact.
Note
The Findings Section is important because it provides the evidentiary basis for the proposed
cannabis and lower-potency hemp retailer regulations and demonstrates a municipality’s
reasoning for adopting specific provisions. Findings of fact could include data, statistics, and
relevant epidemiological information, for example, that support the purposes of the ordinance.
In addition to providing educational background and building support for the ordinance, the
findings can also serve a legal purpose. If the ordinance is challenged in court, the findings are an
admissible record of the factual determinations made by the legislative body when considering
the ordinance. Courts generally defer to legislative determinations of factual issues and can, in
turn, influence a court’s legal findings. A list of Findings of Fact supporting this model ordinance
appears in a companion publication on Public Health Law Center’s website titled, Minnesota
Findings for Local Regulation of Cannabis and Lower-Potency Hemp Edibles. Jurisdictions may select
findings from this list to insert here, along with additional findings on local or regional conditions
and outcomes.
NOW THEREFORE it is the intent of the City Council, in enacting this ordinance, to regulate the
establishment, operations, and sales of cannabis retailers and lower-potency hemp edible
retailers located in [ city name ] .
Section 2. Authority and Jurisdiction.
Authority. The City Council is authorized to adopt this Ordinance by Minnesota Statutes
sections 144.417, subd. 4(a), 145A.05, subd. 9, 412.221, 152.0263, subd. 5, Chapter 342, Chapter
412, and any other applicable state law, as may be adopted or amended from time to time.
Section 3. Definitions.
Except as otherwise provided or clearly implied by context, all terms are given their commonly
accepted definitions. For this ordinance, the following definitions apply unless the context
clearly indicates or requires a different meaning:
Advertisement. Any written or oral statement, illustration, or depiction that is intended to
promote sales of approved products or sales at a specific cannabis business or hemp business
and includes any newspaper, radio, internet and electronic media, or television promotion; the
distribution of fliers and circulars; and the display of window and interior signs in a cannabis
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business. “Advertisement” does not include a fixed outdoor sign that meets the requirements in
Minn. Stat. § 342.64, subd. 2, paragraph (b) as amended from time to time.
Approved products. Any cannabis plants, cannabis flower, cannabis products, artificially
derived cannabinoids, and lower-potency hemp edibles that are a product category approved
by the Office of Cannabis Management and that comply with Chapter 342 and rules adopted
pursuant to Chapter 342 regarding the testing, packaging, and labeling of cannabis plants,
cannabis flower, cannabis products, artificially derived cannabinoids, and lower-potency hemp
edibles. “Approved Products” does not include medical cannabinoid products, as defined in
Minn. Stat. Ch. 342.
Attractive to underage persons. Products that are attractive to individuals under age 21 as
described in Minn. Stat. § 342.62, subd. 3, and products prohibited under Minn. Stat. § 342.06 (d),
as may be amended from time to time.
Child-resistant. Packaging that meets the poison prevention packaging standards in Code of
Federal Regulations, title 16, section 1700.15.
Compliance checks. The system the city uses to investigate and ensure that those retail
establishments authorized to sell approved products and medical cannabinoid products are
following and complying with age verification requirements and the requirements of this
ordinance. Compliance checks may also be conducted by the city or other units of government
for educational, research, and training purposes or for investigating or enforcing state or local
laws and regulations relating to approved products.
Delivery sale. The sale of any approved products and medical cannabinoid products to any
person for personal consumption and not for resale when the sale is conducted by any means
other than an in-person, over-the-counter sales transaction in a registered retail establishment.
Delivery sale includes but is not limited to the sale of any approved product and medical
cannabinoid product when the sale is conducted by telephone, other voice transmission,
mail, the internet, or app-based service. Delivery sale includes delivery by registered retail
establishments or third parties by any means, including curbside pickup.
Electronic delivery device. Any product containing or delivering nicotine, lobelia, or any
other substance, whether natural or synthetic, intended for human consumption through the
inhalation of aerosol or vapor from the product. Electronic delivery device includes, but is not
limited to, devices manufactured, marketed, or sold as e-cigarettes, e-cigars, e-pipes, vape
pens, mods, tank systems, or under any other product name or descriptor. Electronic delivery
device includes any component part of a product, whether or not marketed or sold separately.
Electronic delivery device does not include any nicotine cessation product that has been
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authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,”
“devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act.
Flavored product. Any cannabis flower, cannabis product, hemp-derived consumer product or
medical cannabinoid product intended to be inhaled as smoke, aerosol, or vapor from the product
that: (1) contains any added artificial, synthetic, or natural flavoring, either in the product itself or
in its components or parts; (2) presents any descriptor or depiction of flavor that would imply to an
ordinary person that the product contains flavors other than the natural taste or smell of cannabis;
(3) imparts a taste or smell, other than the taste or smell of cannabis, that is distinguishable by an
ordinary consumer prior to or during the consumption of the product; or (4) imparts a cooling, a
burning, a numbing, or another sensation distinguishable by an ordinary consumer to impart a
flavor other than cannabis either prior to or during the consumption of the product.
Lower-potency hemp edible. “Lower-potency hemp edible” as defined in Minn. Stat. § 342.01,
subd. 50, as amended from time to time.
Lower-potency hemp edible retailer. Any place of business with a preapproved license,
license, or endorsement to sell lower-potency hemp edible products to the public from the
Office of Cannabis Management and that has a lower-potency hemp edible retail registration
from the city.
Medical cannabinoid product. “Medical cannabinoid product” as defined in Minn. Stat. §
342.01, subd. 52, as amended from time to time.
Medical cannabis combination business. “Medical Cannabis combination business” as
described in Minn. Stat. § 342.515, as amended from time to time.
Moveable place of business. Any form of business that is operated out of a kiosk, truck, van,
automobile or other type of vehicle or transportable shelter and that is not a fixed address or
other permanent type of structure licensed for over-the-counter sales transactions.
Pharmacy. A place of business at which prescription drugs are prepared, compounded,
or dispensed by or under the supervision of a pharmacist and from which related clinical
pharmacy services are delivered.
Registered cannabis retail business. Any cannabis business with a preapproved license, license,
or endorsement from the Office of Cannabis Management for retail sales of approved products
or medical cannabinoid products and that has a retail registration from a local unit of government.
Registered retail establishment. Refers to registered cannabis retail businesses, medical
cannabis combination businesses with retail sales, and lower-potency hemp edible retailers.
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Retail establishment. Any place of business where products are available for sale to the general
public. “Retail establishment” includes, but is not limited to, grocery stores, tobacco product
shops, convenience stores, liquor stores, gasoline service stations, bars, and restaurants.
Sale. Any transfer of goods for money, trade, barter, or other consideration.
Sample. Refers to any approved products or medical cannabinoid products that are offered
free of charge or for sale at a nominal cost.
Self-service display. The open display of approved products or medical cannabinoid products
in a retail establishment in any manner where any person has access to the products without
the assistance or intervention of the registered retail establishment or its employee and where
a physical exchange of the products from the registered retail establishment or its employee is
not required to access the products.
Smoking. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe,
or any other lighted or heated product containing, made, or derived from nicotine, tobacco,
cannabis, or other substance, whether natural or synthetic, that is intended for inhalation.
Smoking also includes carrying or using an activated electronic delivery device. “Smoking” does
not include the use of traditional, or sacred, tobacco used by any American Indian, Indigenous,
and Alaska Native communities for spiritual and medicinal purposes.
Temporary cannabis event. Events described in Minnesota Statutes 342.39 and 342.40, held
by an individual or business with a cannabis event organizer license granted by the Office of
Cannabis Management, with approval from the city.
True party of interest. Any party with ownership or control over the business, as defined in
Minn. Stat. § 342.185 subd. 1(g).
Vending machine. Any mechanical, electric or electronic, or other type of device that dispenses
products upon payment by any form by the person seeking to purchase the product.
Youth-oriented facility. Any facility with residents, customers, visitors, or inhabitants of which
25 percent or more are regularly under the age of 21 or that primarily sells, rents, or offers
services or products that are consumed or used primarily by persons under the age of 21.
Youth-oriented facilities includes, but is not limited to, schools, playgrounds, places of worship,
recreation centers, and parks.
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Municipal Cannabis Retailer
Similar to municipal liquor stores, state law allows for local governments to operate municipal
cannabis retailer businesses. (Minn. Stat. § 342.32, subd. 5) Operating their own retailer would
allow local jurisdictions to better control store location, types of products available, advertising,
and marketing while making products available. Any municipal cannabis retailers do not count
toward the total number of retailer licenses offered by OCM during a licensing period and the
municipal retail license does not count toward any local ordinance capping the number of
retailers to no more than 1 per 12,500 residents. (Minnesota Session Laws, 2024 Regular Session,
Ch. 121 Art. 2 Sec. 65 creates new Minn. Stat. § 342.32, subd. 7)
Section 4. Registration and Operations of Registered Retailers.
(A) License required. No person shall sell or offer to sell any approved product or medical
cannabinoid product without first having obtained a license or retail endorsement to do so
from the Office of Cannabis Management.
(B) Registration required. No person shall sell or offer to sell any approved product or
medical cannabinoid product without first being granted a registration by the city.
Operating a retail establishment without a valid retail registration is a violation of this
Ordinance and of Minn. Stat. § 342.22, subd. 5(e) and is subject to a civil penalty of up to
$2,000 per violation.
Registration
State law mandates that cannabis businesses and hemp businesses with retail sales, including
lower-potency hemp edible retailers and retail businesses selling medical cannabis, must register
with the city, town, or county in which the retail establishment is located. A county may issue
a registration in cases where a city or town has provided consent for the county to issue the
registration for the jurisdiction. A second registration from the county is not required if a city or
town provides the registration.
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(C) Application. An application for a registration to sell approved products and medical
cannabinoid products must be made on a form provided by the city. The application must
contain the full name of the applicant and any true parties of interest, the applicant’s and
true parties’ residential and business addresses and telephone numbers, the name of
the business for which the registration is sought, and any additional information the city
deems necessary. Upon receipt of a completed application, the city will timely review the
application. If an application is incomplete, it will be returned to the applicant with notice
of the information necessary to make the application complete.
(D) Action. The city shall review the application for conformance with this Ordinance and all
applicable state and local laws and rules, including but not limited to compliance with local
zoning code, building code, and fire code. The city may approve or deny the application
for a registration, or it may delay action for a reasonable period of time to complete any
investigation of the application or the applicant deemed necessary. If the city approves
the application, the city will issue the registration to the applicant. If the city denies the
application, notice of the denial will be given to the applicant along with notice of the
applicant’s right to appeal the decision.
(E) Term. All registrations issued are valid for one calendar year from the date of issue.
(F) Revocation or suspension. Any registration issued may be suspended or revoked
following the procedure set forth in Section 12 (A) of this ordinance.
(G) Transfers. All registrations issued are valid only on the premises for which the registration
was issued and only for the person to whom the registration was issued. The transfer of
any registration to another location or person is prohibited.
(H) Display. All registrations must be posted and displayed at all times at the registered retail
establishment or medial cannabis combination business in plain view of the general public.
(I) Renewals. The renewal of a registration issued under this Ordinance will be handled in the
same manner as the original application. The request for a renewal must be made at least
30 days but no more than 60 days before the expiration of the current registration.
(J) Issuance is privilege and not a right. The issuance of a registration is a privilege and does
not entitle the registration holder to an automatic renewal of the registration.
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(K) Maximum number of registrations.
(1) Lower-potency hemp edible retailer registrations. The maximum number of lower-
potency hemp edible retailer registrations issued by the city at any time is limited to [ see
“Registration Cap” context box below ]. When the maximum number of registrations has
been issued, the city may place persons seeking registration on a waiting list and allow
them to apply on a first-come, first-served basis, as registrations are not renewed or are
revoked. A new applicant who has purchased a business location with a valid county
registration held by a different owner will be entitled to first priority, provided the new
applicant meets all other application requirements in accordance with this ordinance.
(2) Cannabis retailer registrations. No registrations will be granted after the county or
cities within the county have granted at least one registration for every 12,500 residents
in the county.
Provisions that exceed state law
Registration Cap for Lower-Potency Hemp Edible Retailers and Cannabis Retailers
Communities with a higher concentration of cannabis and lower-potency hemp edible retailers within
their jurisdiction expose more youth and young adults to commercial cannabis and lower-potency
hemp edible marketing, making it easier for them to obtain the products. Additionally, proximity
to cannabis retailers is associated with increased harms of cannabis use including, increases in
poison control calls, increased cannabis use during pregnancy, cannabis related hospitalization
during pregnancy, and an increase of cannabis use in adults and young adults. (.) One way to
address retailer density issues is to place a limit or cap on the number of registrations of cannabis
retailers and lower-potency hemp edible retailers that may be issued by the city/county. The above
provisions would set the maximum number of registrations available for lower-potency hemp edible
retailers and sets a limit of one cannabis retailer per 12,500 residents in the county pursuant to
Minn. Stat. § 342.13 (j). Note that while state law allows for local governments to limit the number
of cannabis and hemp businesses, it does not allow local jurisdictions to outright prohibit cannabis
and hemp businesses. (Minnesota Session Laws, 2024 Regular Session, Ch. 121 Art. 2 § 64)
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(L) Pharmacies ineligible for registration. No new or renewed registration will be granted to a
pharmacy or any retail establishment that operates an on-site pharmacy.
Provision that exceeds state law
Section 5. Fees.
No registration will be issued under this ordinance until the appropriate registration fees are
paid in full. The fees will be established pursuant to Minn. Stat. § 342.22, subd. 2, as amended
from time to time.
Fee Limits
State law limits the registration fees that local jurisdictions may charge for cannabis businesses.
This Fees provision reflects and limits fees pursuant to state law. No additional licensing fees may
be charged. (See Minn. Stat. § 342.22, subd. 2)
Section 6. Basis for Denial of Registration
(A) An initial application for registration or a renewal of registration with the city will be
denied if:
(1) the applicant is under 21 years of age;
(2) the applicant does not have a valid retail license, preapproved license, or retail
endorsement from the Office of Cannabis Management;
(3) the applicant fails to provide any of the information required on the licensing application or
provides false or misleading information;
(4) the applicant is prohibited by state, or local law, ordinance, or other regulation from
holding a registration; or,
(5) the applicant fails a pre-application inspection by the [ city/county ] as provided under
Minn. Stat. § 342.22, subd. 3(b) as amended from time to time.
Provisions that strictly conform to the state law
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(B) If a registration is mistakenly issued or renewed to any person, it will be revoked upon the
discovery of ineligibility for registration under this ordinance or state or other local law,
ordinance or other regulation. Any revocation will comply with the requirements of Minn.
Stat. § 342.22, subd. 5, as amended from time to time.
Section 7. Prohibited Sales and Other Restrictions.
(A) In general. In addition to the prohibitions and restrictions set forth under Minn. Stat. §
342.46, subd. 7, and Minn. Stat. § 342.27, subd. 12 no registered cannabis retailer, lower-
potency hemp edible retailer, or medical cannabis combination business shall sell or offer
to sell any approved product or medical cannabinoid product:
(1) By means of any type of vending machine.
Provision that strictly conforms to the state law
(2) By means of self-service display. All approved products and medical cannabinoid
products, including lower-potency hemp beverages, must be stored in a locked case behind
the sales counter, in a storage unit, or in another area not freely accessible by the general
public. This does not prohibit registered cannabis retailers from displaying single product
samples pursuant to Minn. Stat. § 342.27, subd. 5.
Provision that exceeds state law
Self-Service Display Prohibition
Minn. Stat. § 342.46, subd. 4 requires lower-potency hemp edible retailers to “ensure that all
lower-potency hemp edibles, other than lower-potency hemp edibles that are intended to be
consumed as a beverage, are displayed behind a checkout counter where the public is not
permitted or in a locked case. All lower-potency hemp edibles that are not displayed must be
stored in a secure area.” Cities and counties, therefore, may wish to regulate beverages more
stringently in the same manner as non-beverage edibles, such that beverages, too, must be
displayed behind a checkout counter where the public is not permitted or in a locked case.
Additionally, cities/counties could require the products always be stored in a locked case, whether
behind the counter or in another area of the store. Similarly, cannabis products for sale by a
cannabis retailers must be stored in a secure area, with the exception that the retailer may display
one “sample” of each cannabis flower and cannabis product. (See Minn. Stat. § 342.27, subd. 5)
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(3) At a moveable place of business. Only fixed location businesses may sell approved
products and medical cannabinoid products.
Provision that exceeds state law
(4) That does not comply with the packaging and labeling required under Minn. Stat. §§
342.62 and 342.63 as may be amended from time to time, except that:
Provision that strictly conforms to the state law
(a) No lower-potency hemp edible beverage may be sold outside of its original
packaging; and,
(b) No lower-potency hemp edible product may be sold that does not indicate a single
serving by scoring or use of another indicator that appears on the product. If it is
not possible to indicate a single serving by scoring or use of another indicator that
appears on the product, the lower-potency hemp edible may not be packaged in a
manner that includes more than a single serving in each container.
(5) By means of delivery sales. All sales of approved products and medical cannabinoid
products must be conducted in person, in a registered retail establishment, in over-the-
counter sales transactions.
Provisions that exceed state law
This does not prohibit sale of medical cannabinoid products by medical cannabis
combination businesses by curbside pick-up as allowed in Minn. Stat. § 342.51, subd. 5.
Provision that strictly conforms to the state law
Delivery Sales Prohibition
State law allows for licensed delivery services to transport and deliver cannabis flower, cannabis
products, lower-potency hemp edibles, and hemp-derived consumable products to customers.
(Minn. Stat. § 342.41) Cannabis delivery services are businesses specifically licensed by the Office
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Delivery Sales Prohibition (continued)
of Cannabis Management. State law prohibits local jurisdictions from outright prohibiting any
cannabis businesses. However, cities and counties may have the authority to prohibit delivery sales
within their jurisdiction as an effective means of curtailing underage access to approved products.
A licensed cannabis delivery business may still be located within the jurisdiction to deliver outside
the boundaries of the jurisdiction, where permitted. This approach recognizes the challenges
inherent in trying to effectively monitor online retailers and prevent underage access to the
vast market of hemp-derived THC products found online, acknowledging that age verification
processes do not prevent underage persons from obtaining these and similar products online.
(6) By any other means, to any other person, or in any other manner or form
prohibited by state or other local law, ordinance provision, or other regulation.
(B) Legal age. No person shall sell any approved product to any person under the age of 21.
Businesses licensed or endorsed to sell medical cannabinoid products may sell medical
cannabinoid products to persons under age 21 who are enrolled in the medical registry
program pursuant to Minn. Stat. § 342.24, subd. 1.
Provision that strictly conforms to the state law
Minimum Legal Sales Age Higher than Age 21
State law sets a minimum legal sales age for adult-use cannabis and lower-potency hemp edibles
at age 21. There is nothing in the law that prohibits a local jurisdiction from setting a higher
minimum legal sales age. Evidence supports a higher minimum legal sales age of 25.
For instance, frequent cannabis use between the ages of 14 and 21 is associated with lower high
school completion and college graduation and subsequent lower income levels at age 25 (reference
provided below). If the minimum legal sales age of 25 is enacted, then other provisions should
also be adjusted, such as minimum clerk age and store ownership. If MLSA of 25 is enacted, then
other provisions could also be adjusted, such as minimum clerk age and store ownership.
Edmund Silins et al., Young Adult Sequelae of Adolescent Cannabis Use: An Integrative Analysis, 1 The Lancet Psychiatry
286-93 (2014), DOI: 10.1016/S2215-0366(14)70307-4;David Fergusson & Joseph Boden, Cannabis Use and Later Life Out-
comes, 103Addiction 969-76 (2008), https://pubmed.ncbi.nlm.nih.gov/18482420.
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Medical Cannabis Sales to Persons 18 and Older
State law allows medical cannabinoids to be sold to persons age 18 and older if they are enrolled
in the medical program as a patient or as a caregiver. This provision allows sales of medical
cannabinoid products to persons age 18 to 20 by a registered retail establishment that is
approved to sell medical cannabinoid products.
(C) Age verification. Before any sale of approved products, the registered retail establishment
must verify by means of government-issued photographic identification containing the bearer’s
date of birth that the purchaser is at least twenty-one (21) years of age.
Provision that strictly conforms to the state law
(D) Signage. Notice of the legal sales age, age verification requirement, and possible penalties
for underage sales must be posted prominently and in plain view at all times at each location
where approved products are offered for sale. The required signage, which will be provided to
the retail establishment by the city, must be posted in a manner that is clearly visible to anyone
who is, or is considering, making a purchase.
(E) No admittance of any person under age 21. No person shall sell or offer for sale any approved
products or medical cannabinoid products, except in registered retail establishments that
prohibit persons under the age of 21 from entering at all times.
Provisions that exceed state law
Businesses licensed or endorsed to sell medical cannabinoid products may allow admittance to
persons under age 21 who are enrolled in the medical registry program for the sole purpose of
purchasing medical cannabinoid products pursuant to Minn. Stat. § 342.24.
Provision that strictly conforms to the state law
(F) Sale of lower-potency hemp edibles restricted to registered cannabis retailers. Lower-
potency hemp edibles must only be sold at registered cannabis retail business.
Provisions that exceed state law
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(G) Proximity to youth-oriented facilities. No lower-potency hemp edible retailer may be located
within [ 1,000 ] feet of a youth-oriented facility, as measured by the shortest line from the
property line of the space to be occupied by the proposed licensee to the nearest property line
of a youth-oriented facility.
(H) Proximity to other registered lower-potency hemp edible retailers or cannabis retailers. No
lower-potency hemp edible retailer may be located within [ 2,000 ] feet of any other existing
registered lower-potency hemp retailer or registered cannabis retail business, as measured
by the shortest line from the property line of the space to be occupied by the applicant for
a lower-potency hemp edible registration to the nearest property line of the existing lower-
potency hemp edible retailer or registered cannabis retail business.
(I) Cannabis retailer distance restrictions.
(1) No registered cannabis retail business may be located within 1,000 feet of a school as
measured by the shortest line from the property line of the space to be occupied by the
proposed retail establishment to the nearest property line of a school.
(2) No registered cannabis retail business may be located within 500 feet of a day care,
residential treatment facility, or an attraction within a public park that is regularly used by
minors, including a playground or athletic field, as measured by the shortest line from
the property line of the space to be occupied by the proposed retail establishment to the
nearest property line of a daycare, residential treatment facility, or attraction within a
public park that is regularly used by minors.
Provisions that exceed state law
Local Restriction of the Location of Cannabis Retailers
State law allows local jurisdictions to set specific minimum distance requirements between the
location of cannabis retail businesses and schools, daycares, residential treatment facilities, and
attractions within parks that are regularly used by children. (Minn. Stat. § 342.13 (c)). The language
here reflects the language in state law. There is not a similar provision in state law limiting the
local jurisdictions’ authority to restrict the location of lower-potency hemp edible retailers so
there are separate provisions at paragraphs (G) and (H) above prohibiting those businesses from
locating within 1,000 feet of a youth-oriented facility and requiring minimum distances between
cannabis and lower-potency hemp retailers. The above restrictions do not restrict the location of
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Local Restriction of the Location of Cannabis Retailers (continued)
medical cannabis combination businesses that sell medical cannabinoid products at retail. A
jurisdiction may want to extend these location requirements to those businesses, as well.
Note: Some jurisdictions may choose to enact these minimum distance requirements through
their zoning code. However, a zoning code may sometimes be subject to discretion by the zoning
board to grant zoning variances or other methods to circumvent the intent of these restrictions.
As such, setting the minimum distance requirements in the retail sales registration ordinance
does not allow for exceptions to the general rule.
(J) Cannabis retailer hours of operation. Sales of approved products at a registered cannabis
retail business are only allowed between the hours of 10 a.m. and 9 p.m. seven days per week
and may not be open to the public or sell any other products at times when the business is
prohibited from selling approved products.
Provision that exceeds state law
Cannabis Retailer Hours of Operation
State law allows local governments to restrict cannabis retailer hours of operation pursuant
to Minn. Stat. § 342.27, subd. 7. This provision only applies to registered cannabis retailers. It
does not apply to medical cannabis combination businesses nor to lower-potency hemp edible
retailers. It could be broadened to apply to lower-potency hemp edible retailers, but that would
mean that anyone selling lower-potency hemp edibles would not be able to be open or sell any
other products during the mandatory closure period. While this fits with an overall goal of treating
the sale of these intoxicating products similarly, it is likely that there will be pushback since lower-
potency hemp edibles are currently sold without any restrictions on hours of operation.
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(K) Instructional program. Registered retail establishments must ensure that all salesclerks
complete a training program on the legal requirements related to the sale of approved
products or medical cannabinoid products, and the possible consequences of registration
or license violations. Registered retail establishments must maintain documentation
demonstrating their compliance and must provide this documentation to the city at the time of
renewal, or whenever requested to do so during the registration term.
(L) Minimum clerk age. Individuals employed by a registered retail establishment and medical
cannabis combination business must be at least 21 years of age to sell approved products and
medical cannabinoid products.
Provisions that exceed state law
Minimum Age for Clerks
State law prohibits cannabis businesses from employing any person under age 21 if the
scope of work includes handling cannabis. As such, the law requires that all clerks selling at
cannabis retailers would have to be at least 21 to sell products and this provision reflects
that requirement (Minn. Stat. § 342.24, subd. 1) Cities and counties may also be interested in
establishing a minimum age for employees to sell lower-potency hemp edibles at registered
retail establishments. In the commercial tobacco control context, the tobacco industry has
acknowledged that peer pressure facing young clerks from their underage peers seeking to
purchase products at the counter plays a role in youth access. Establishing a minimum clerk age
addresses the peer pressure issue and youth access. This sample language allows individuals
under minimum clerk age to work for a lower-potency hemp edible retailer but not engage in
sales of approved products. For example, a 20-year-old clerk employed at a grocery store may sell
potato chips and soda to a customer, but not lower-potency hemp edibles (including beverages)
that are also offered for sale at the same retail establishment.
(M) Samples prohibited. No samples of any approved products or medical cannabinoid products
may be distributed free of charge or at a nominal cost. The distribution of approved products
or medical cannabinoid products as a free donation is prohibited.
Provision that exceeds state law
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Prohibiting Free Samples and the Sampling of Approved Products in Retail Settings
Under Minn. Stat. § 342.46, subd. 7, lower-potency hemp edible retailers are prohibited from
distributing or allowing free samples of lower-potency hemp edibles, except when the business is
licensed to permit on-site consumption and samples are consumed within its licensed premises. A
provision prohibiting all samples would be more protective of public health than state law.
State law also prohibits cannabis retailers from “giving away” cannabis products. (342.09, subd.
1 (b)(8)) While it is unclear whether this provision in state law prohibits giving away products for
a nominal cost, as well, local jurisdiction can make clear that no samples are allowed with the
provision included in this model ordinance.
(N) Smoking prohibited. Smoking is prohibited within the indoor area of any registered retail
establishment.
(O) On-site consumption prohibited. No registered retail establishment may allow on-site
consumption of lower-potency hemp edible products on the premises.
(P) Sale of other products. Registered cannabis retail businesses and medical cannabis
combination businesses are limited to selling only the products allowed under Minn. Stat. §
342.27 subd. 3 as amended from time to time. The sale of any products other than approved
products by registered retailers must comport with all requirements of state law.
(Q) Child-resistant packaging. All sales of any approved products and medical cannabinoid
products must be packaged in child-resistant packaging. Upon request by the city, a registered
retail establishment must provide a copy of the certificate of compliance or full laboratory
testing report for the packaging used.
Provisions that exceed state law
Note
Cannabis retailers are limited in the products they are allowed to sell under state law. (Minn.
Stat. § 342.27, subd. 3) Limiting the availability and exposure to lower-potency hemp edibles to
cannabis retailers would reduce youth access and would reduce exposure and marketing of the
products at the point of sale.
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(R) Advertising restrictions. Registered retail establishments must follow all advertisement
restrictions pursuant to Minn. Stat. § 342.64, as amended from time to time.
(S) Products that are attractive to underage persons. No person shall sell or offer for sale any
approved products and medical cannabinoid products that are attractive to underage persons.
Provisions that strictly conform to the state law
Products that are attractive to children
Prohibiting products that are intentionally designed and marketed to attract youth has strong
potential to subvert youth initiation and use of these products. State law prohibits products that
resemble commercially available food product or is “designed to appeal to persons under age 21.”
(Minn. Stat. § 342.62, subd. 3) The law specifically prohibits the Office of Cannabis Management
from approving products that is or appears to be a lollipop or ice cream; bears the likeness or
contains characteristics of a real or fictional person, animal, or fruit; are modeled after a type or
brand of products primarily consumed by or marketed to children; are similar to certain food
products; or are added to a finished food product that does not contain cannabinoids. (Minn. Stat.
§ 342.06 (d)) Given that many edible products are marketed as gummies and other food products
attractive to youth, it is important to ensure these products do not portray images containing
cartoons, toys, robots, real or fictional animate creatures, or any likenesses to images, characters,
or phrases commonly used to advertise to youth. This includes products that imitate packaging or
labeling for candy, cereals, sweets, chips or other foods typically marketed to youth.
(T) Coupon and price promotion. No registered retail establishment may accept or redeem
any coupon, price promotion, or other instrument or mechanism, whether in paper, digital,
electronic, mobile, or any other form, that provides any approved products to a consumer at no
cost or at a price that is less than the non-discounted, standard price listed by a retailer on the
item or on any shelving, posting, advertising, or display at the location where the item is sold or
offered for sale, including all applicable taxes.
Provision that exceeds state law
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Product Discounts
The price of these cannabis and lower-potency hemp edible products, like any product promotion
strategy, directly affects consumption levels, particularly among price-sensitive consumers, such
as people with lower incomes, including youth and young adults. For example, the commercial
tobacco industry devotes billions of dollars per year to innovative pricing strategies designed to
entice new customers to purchase their products and to discourage current users from quitting.
Jurisdictions, in turn, can prohibit the redemption of such price promotions and coupons to
negate industry discount marketing strategies, which has been shown in the commercial tobacco
control space to be an effective point-of-sale regulation in curbing youth initiation and use.
Note: This provision does not apply to sale of medical cannabinoid products.
(U) Flavored product. No person shall sell or offer for sale any flavored products intended to be
inhaled as smoke, aerosol, or vapor.
Provision that exceeds state law
Prohibiting flavored products intended to be smoked or vaped
Flavored products are a common and effective marketing tactic to attract children and youth.
This tactic has been extremely successful with commercial tobacco marketing, particularly with
electronic cigarettes (vapes). Flavored cigarettes have been banned across the United States since
2009 and many flavored e-cigarettes have been banned at the federal level, along with the many
jurisdictions in Minnesota and across the nation that prohibit the sale of flavored commercial
tobacco products. The Office of Cannabis Management will have the authority to approve or deny
classes of cannabis products, including flavored products for smoking or vaping. It is unknown
what the OCM will do with this class of products, however, local jurisdictions may have the
authority to enact stricter restrictions and prohibit flavored cannabis products that may be smoked
or vaped. This approach may be particularly attractive to Minnesota jurisdictions that have already
prohibited or are considering prohibiting the sale of flavored commercial tobacco products.
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(V) Potency and amount per sale transaction.
(1) Registered cannabis retail businesses may sell or offer for sale approved products that
comply with potency limits in accordance with Minn. Stat.§ 342.27, subd. 2, c, d, and e, as
amended from time to time.
(2) Lower-potency hemp edible retailers and cannabis retailers may sell or offer for sale lower-
potency hemp edible products that comply with potency limits in accordance with Minn.
Stat.§ 342.46, subd. 6, as amended from time to time.
Provision that strictly conforms to the state law
Section 8. Temporary Cannabis Events.
(A) No sales of approved products are allowed at temporary cannabis events.
(B) No use of approved products is allowed at temporary cannabis events.
Provisions that exceed state law
Section 9. Compliance Checks and Inspections.
(A) All registered retail establishments must be open to inspection by authorized city officials
or their designees during regular business hours.
(B) In accordance with Minn. Stat. § 342.22, subd. 4, city will conduct compliance checks of
every retail establishment with a retail registration issued by the city. The checks will
assess compliance with age verification requirements and all provisions of this ordinance.
(C) From time to time, but at least [ twice ] per year, the city must conduct compliance checks
to ensure compliance with all provisions of this ordinance.
(D) In accordance with state law, the city will conduct at least two annual compliance checks
that involves participation of a person at least 17 years of age, but under the age of 21 to
enter the registered retail establishment to attempt to purchase approved products under
the supervision of a law enforcement officer or an employee of the city. Prior written
consent from a parent or guardian is required for any person under the age of 18 to
participate in a compliance check.
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Compliance Checks
State law requires municipalities to conduct age verification compliance checks of both registered
cannabis retail businesses and lower-potency hemp edible retailers at least once each calendar
year. Cities may, however, require additional compliance checks. For retailer education purposes,
and to identify and cite repeat offending retailers, the model language above requires at least two
compliance checks per year.
Along with the state minimum requirements for underage compliance checks, the city should
adopt inspection and compliance check procedures that test for retailer compliance with all
provisions of the ordinance. For example, if a city requires lower-potency hemp edible beverages
offered for sale to be stored behind the sales counter, in a locked case or unit not freely accessible
to the public, the city should inspect each retailer to ensure compliance with that provision.
Section 10. Responsibility.
All registered medical cannabis combination businesses, cannabis retail businesses and lower-
potency hemp edible retailers are responsible for the actions of their employees regarding the
sale, offer to sell, and furnishing of approved products or medical cannabinoid products on the
licensed and registered premises. The sale, offer to sell, or furnishing of any approved product
or medical cannabinoid product by an employee will be considered an act of the registrant.
Section 11. Defenses.
It is an affirmative defense to a violation of this ordinance for a person to have reasonably
relied on proof of age as described by state law.
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Penalizing Underage Purchase, Use, and Possession and the Use of False Identification
This model ordinance does not include penalties for underage Purchase, Use, and Possession
(PUP) nor penalties for the use of false IDs for the following reasons. At its core, a point-of-sale
ordinance is intended to regulate the behavior of retailers. Penalizing underage persons detracts
from the focus of the retailer regulations and siphons enforcement resources away from the
retailers to young consumers, many of whom may struggle with addiction, substance abuse, and
mental health issues. There is no strong evidence to support an assertion that PUP penalties
are effective in significantly reducing youth use of these products. And while the cannabis and
consumer hemp industries are fairly new, especially in Minnesota, PUP laws were historically
lobbied for by the commercial tobacco industry to punish youth users while the industry
simultaneously targeted, and continues to target, youth to replace an older, sicker, and dying
customer base and maintain profits.
Section 12. Violations, Penalties, and Administrative Hearings.
(A) Violations.
(1) Notice. A person violating this ordinance may be issued, either personally or by
mail, an administrative citation from the city that sets forth the alleged violation and
informs the alleged violator of their right to a hearing on the matter and how and
where a hearing may be requested, including a contact address and phone number.
(2) Hearings.
(a) Upon issuance of a citation, a person accused of violating this ordinance may
request in writing a hearing on the matter. Hearing requests must be made
within 10 business days of the issuance of the citation and delivered to the City
Administrator or other designated city officer. Failure to properly request a
hearing within 10 business days of the issuance of the citation will terminate the
person’s right to a hearing.
(b) The city Administrator or other designated city officer will set the time and place
for the hearing. Written notice of the hearing time and place will be mailed or
delivered to the accused violator at least 10 business days prior to the hearing.
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(3) Hearing officer. The City Council will designate a hearing officer. The hearing officer
will be an impartial employee of the city or an impartial person retained by the city to
conduct the hearing.
(4) Decision. A decision will be issued by the hearing officer within 10 business days of
the hearing. If the hearing officer determines that a violation of this ordinance did
occur, that decision, along with the hearing officer’s reasons for finding a violation
and the penalty to be imposed, will be recorded in writing, a copy of which will be
provided to the city and the accused violator by in-person delivery or mail as soon as
practicable. If the hearing officer finds that no violation occurred or finds grounds for
not imposing any penalty, those findings will be recorded and a copy will be provided
to the city and the acquitted accused violator by in-person delivery or mail as soon
as practicable. The decision of the hearing officer is final, subject to an appeal as
described in Section 12 (A)(6) of this ordinance.
(5) Costs. If the citation is upheld by the hearing officer, the city’s actual expenses in
holding the hearing up to a maximum of [ $1,000 ] must be paid by the person
requesting the hearing.
(6) Appeals. Appeals of any decision made by the hearing officer must be filed in [ ____ ]
County district court within 10 business days of the date of the decision.
(7) Continued violation. Each violation, and every day in which a violation occurs or
continues, will constitute a separate offense.
(B) Administrative penalties.
(1) Registrants. Any registrant cited for violating this ordinance, or whose employee
has violated this ordinance, will be charged an administrative fine of [ $300 ] for a
first violation; [ $600 ] for a second offense at the same registered premises within
a 36-month period; and [ $1,000 ] for a third or subsequent offense at the same
location within a 36-month period from the first violation. Upon the third violation,
the registration will be suspended for a period of not less than [ 30 ] consecutive days
and may be revoked. Upon a fourth violation within a 36-month period from the first
violation, the registration will be revoked..
(2) Registration suspension. In accordance with Minn. Stat. § 342.22, subd. 5, the city will
suspend the retail registration of any registered retail establishment for 30 days for
violations of this ordinance or if the operation of the business poses an immediate
threat to the health or safety of the public.
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(3) Retail establishment operating without a registration. Pursuant to Minn. Stat. §
342.22, subd. 5(e), any retail establishment found to be making or attempting to make
any sales to a customer or patient without a valid retail registration will be charged a
civil penalty of $2,000 for each violation.
(C) Tobacco retail licensees. In accordance with Minn. Stat. § 461.12, subd. 2a, a tobacco retail
license will be suspended for no less than seven (7) days and may be revoked for certain
cannabis-related violations by the licensed tobacco retailer on the licensed premises.
(D) Statutory penalties. If the administrative penalties for violations of this ordinance
authorized to be imposed by Minn. Stat. Chapter 342, as amended from time to time,
differ from those established in this ordinance, then the higher penalty will prevail.
(E) Complaints submitted to the Office of Cannabis Management. In accordance with Minn.
Stat. § 342.13 (h), any violations of this ordinance will be submitted as complaints to the
Office of Cannabis Management.
Section 13. Severability.
If any section or provision of this ordinance is held invalid, such invalidity will not affect other
sections or provisions that can be given force and effect without the invalidated section or
provision.
Section 14. Effective Date.
This ordinance becomes effective on the date of its publication, or upon the publication of a
summary of the ordinance as provided by Minn. Stat. § 412.191, subd. 4, as amended from time
to time.
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LARPENTEUR AVE W
CLEVELAND AVE NARONA STFRY STSNELLING AVE NSNELLING AVE NLINDIG STCOFFMAN STCRAWFORD AVE
SAINT MARYS STSNELLING AVE NQUESTWOOD DR
MOORE STMAPLE CT
AUTUMN ST
BURTON STVINCENT STMAPLE KNOLL DR
HOLLYWOOD CT SNELLING AVE NCALIFORNIA AVE WPRIOR AVE NGARDEN AVE
SUMMER ST SHELDON STFOLWELL AVE ALBERT ST NPRIOR AVE NHOWELL ST NTATUM STFAIRVIEW AVE NLARPENTEUR AVE W
GARDEN AVEGARDENAVE GARDEN AVEASBURY STSIMPSON STRUGGLES ST
PASCAL ST NHOLTON STALBERT ST NHOLTON STARONA STALBERT ST NPASCAL ST NIDAHO AVE W IDAHO AVE W
HOYT AVE W HOYT AVE W
IOWA AVE WIOWA AVE W HAMLINE AVE NROSELAWN AVE W
LARPENTEUR AVE WLARPENTEUR AVE WMAPLE CTROSELAWN AVE W
HAMLINE AVE NROSELAWN AVE W
FULHAM STNORTHRUP AVECOFFMAN STFULHAM STHOYT AVE W
FOLWELL AVE
CLEVELAND AVE NCLEVELAND AVE NPrepared by:
City of Roseville Engineering Department
June 19, 2019
mapdoc: BaseMap.mxd
map: BaseMap.pdf
Data Sources and Contacts:
* Ramsey County GIS Base Map (6/07/19)* City of Roseville Engineering Department
For further information regarding the contents of this map contact:City of Roseville, Engineering Department,
2660 Civic Center Drive, Roseville MN
DISCLAIMER:This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records,information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is tobe used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to preparethis map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purposerequiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepanciesare found please contact 651-792-7075. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000),and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees todefend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties whicharise out of the user's access or use of data provided.
Zoning
´
0 250 500 750 1,000Feet
Zoning Legend:
B1- Neighborhood Convenience Business
B2- Limited Business
B3- Snelling/Larpenteur Business District
P1- Public Land
P1/R1- Public Land, Reverts to Single Family
PUD- Planned Unit Development
R1- Single Family
R2- Two Family
R4- Medium Density Multiple Family and Townhouses
R5M- High Density Residential Mixed Use
146
Maxar
Community Park - 500' Buffer
Grove Park - 500' Buffer Curtiss Field - 500' Buffer
Falcon Heights Elementary School - 1000' Buffer
Chelsea Heights Elementary School - 1000' Buffer
B3 Zoning District
147
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148
Item Metropolitan Council Livable Communities Act (LCA) Pre-Development Grant
Program Award Consideration
Description
The City of Falcon Heights has tabled this item until the subgrantee returns to
favorable status with the City.
Staff will provide an update on code violations and requests from the City
Council. Upon receipt, the City Council is requested to instruct the City
Administrator how to proceed.
Budget Impact N/A
Attachment(s) • N/A
Action(s)
Requested Staff recommends the City Council discuss the grant award and advise staff on
how to proceed.
Meeting Date October 2, 2024
Agenda Item Policy C3
Attachment
Submitted By Jack Linehan, City Administrator
149
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150
Item Community Park Update
Description
Staff has been working with our consultants to modify the Community Park project
under the direction of moving towards a pre-fabricated restroom/concession
building and outdoor shelter. These pre-fab structures have a current lead time of 9 to
12 months, so getting them ordered soon will be critical for a summer/fall 2025
construction.
WSB has provided updated renderings based on direction following the September
workshop. Included is a potential design consideration for the primary
restroom/concession building. It is important to note that color and finishes can be
changed to closer match the originally designed park building, with the example a
stock image from a potential manufacturer.
Additionally, WSB has incorporated the designs in to an updated site plan. The new
site plan has a few key changes to the previous one approved by City Council, which
includes:
1) Change from a park building to the restroom structure, located south of the
shelter
2) The former park building site will be preserved as green open space,
minimizing tree loss as well as reserving space in the event the City eventually
wants to construct a park building
3) Brought the splash pad / playground further east to distance from the
community garden
4) Reduced the parking lot size to remain within the existing footprint.
Expanding the parking lot was based on potential demand from park building
rentals.
5) Preserved the existing picnic shelter in the NE.
6) Added the stormwater pond in the NW corner as required by the water shed.
Underground storage under the parking lot was considered, but it carries a
significant increase in price.
Meeting Date October 2, 2024
Agenda Item Policy C4
Attachment(s) Renderings, Updated Park Layout
Submitted By Jack Linehan, City Administrator
151
The plans as presented are estimated to be under the budgeted $3.5M, including
contingencies and overhead costs.
Staff is seeking direction to move forward with finalizing plans and bidding for the
upcoming months.
Budget
Impact
TBD
Attachment(s) • Sample Concessions/ Restroom Building Renderings
• Park Layout Concepts
Action(s)
Requested
The City Council is requested to review the latest renderings and provide feedback to
staff.
152
K:\023655-000\3D\023655-000 Final Concept PlanFalcon Heights Community Park | Concept 1
Falcon Heights, Minnesota
September 6, 2024 | WSB Project number: 023655-000 Scale in Feet
120’0’60’30’15’
PROPERTY LINE
EXISTING COMMUNITY GARDEN
CONNECT TO EXISTING TRAIL
STORMWATER POND
REPAVE EXISTING PARKING LOT
EXISTING PICNIC SHELTER
EXISTING TENNIS COURTS
CONNECT TO EXISTING TRAIL
EXISTING TRAIL
LAWN AREA
OPEN LAWN / FUTURE BUILDING EXPANSION
PICNIC SHELTER
SPLASH PAD (+/- 1200SF)
PLAZA AREA
PLAYGROUND (+/- 7200SF)
RESTROOM WITH CONCESSION WINDOW
EXISTING BALLFIELD
EXISTING BASKETBALL COURT
ROSELAWN AVE.W
CLVEVVELAND AVE.N153
K:\023655-000\3D\023655-000 Final Concept PlanFalcon Heights Community Park |
Falcon Heights, Minnesota
September 6, 2024 | WSB Project number: 023655-000
Bird’s Eye Perspective
154
K:\023655-000\3D\023655-000 Final Concept PlanFalcon Heights Community Park |
Falcon Heights, Minnesota
September 6, 2024 | WSB Project number: 023655-000
Shelter Perspective
155
K:\023655-000\3D\023655-000 Final Concept PlanFalcon Heights Community Park |
Falcon Heights, Minnesota
September 6, 2024 | WSB Project number: 023655-000
Restroom + Plaza Perspective
156
K:\023655-000\3D\023655-000 Final Concept PlanFalcon Heights Community Park |
Falcon Heights, Minnesota
September 6, 2024 | WSB Project number: 023655-000
Splash Pad + Playground Perspective
157
K:\023655-000\3D\023655-000 Final Concept PlanFalcon Heights Community Park |
Falcon Heights, Minnesota
September 6, 2024 | WSB Project number: 023655-000
Splash Pad + Playground Perspective
158
K:\023655-000\Graphics\Shelter\023655-000 PreFab Restroom StylesFalcon Heights Community Park | Pre-Fabricated Restroom Style Variations
Falcon Heights, Minnesota
September 26, 2024 | WSB Project number: 023655-000
RESTROOM INSPIRATION- “PRAIRIE STYLE” INCLUDING A TWO- TONED STYLE WITH MONOSLOPE ROOFING AND AWNINGS.
ROOF EXTENSION TO PROVIDE
CONCESSION WINDOW ACCESSEXTERIOR STYLE MAY VARY
EXTERIOR OPTIONS:
FLOOR PLAN LAYOUT:
EXTERIOR TREATMENTS MAY BE MODIFIED TO HAVE STONE BASE AND HORIZONTAL SIDING.
159
BLANK PAGE
160
Item Racial Covenants Dischargement Process
Description
Mapping Prejudice published their initial findings on racial covenants in
Ramsey County in 2022. At the time, they had found over 2,400 historical
deeds that had racial covenants in Ramsey County and over 100 of the
properties were in Falcon Heights. As of 2024, Falcon Heights has over 400
racial covenants primarily in the Northome, Northeast Quadrant, and Snelling
West neighborhoods. Falcon Heights has the highest percentage of homes with
racial covenants in Minnesota. While new racial covenants were made illegal in
1953 and existing covenants were no longer enforceable starting in 1962, the
impact of the covenants remains today as reflected in home-ownership
statistics in Falcon Heights.
The City Council approved Resolution 22-30 to partner with Just Deeds and
Mapping Prejudice in July 2022. The program launched with the plan that the
City would send a letter to the ~100 impacted properties, and deeds would be
disavowed and discharged. Since 2022, only two deeds in Falcon Heights have
been discharged despite having nearly 40 residents register to discharge their
deeds. This is largely due to the backlog the pro-bono volunteers at Just Deeds
have experienced. Cities with in-house legal assistance, such as St. Paul, have
seen more significant progress.
The City of Mounds View recently approved an ordinance requiring the
dischargement of racial covenants with the sale of property. To institute this,
the staff at Mounds View have taken on the process administratively with the
assistance of the staff at the Ramsey County Recorder of Deeds.
City staff have worked with Mounds View staff to develop a voluntary
program for dischargement. The program would kick-off at Human Rights
Day, with the approximately 400 homes identified as having a racial covenant
being invited to learn from Mapping Prejudice & Just Deeds, and then stations
set up to begin the discharging process. After Human Rights Day, staff would
Meeting Date October 2, 2024
Agenda Item Policy C5
Attachment Resolution 22-30, Dischargement
Form, Mounds View Covenant Steps;
Falcon Heights JustDeeds Report
Submitted By Jack Linehan, City Administrator
161
make available appointment times similar to AARP Tax-Aide to discharge
covenants.
It has been requested that the City Council discuss the dischargement plan
further, and consider whether a formal ordinance should be considered that
requires dischargement.
Budget Impact N/A
Attachment(s) • Resolution 22-30
• State of MN Dischargement Form 40.10.1
• City of Mounds View Steps for Dischargement
• Falcon Heights JustDeeds Report
Action(s)
Requested
Provide staff direction on whether to consider a formal ordinance mandating
racial covenant discharge.
162
CITY OF FALCON HEIGHTS
COUNCIL RESOLUTION
July 13, 2022 No. 22-30 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -
RESOLUTION CONDEMNING THE USE OF DISCRIMINATORY COVENANTS,
DISCHARGING DISCRIMINATORY COVENANTS ON CITY-OWNED PROPERTY,
AND APPROVING PARTICIPATION IN THE JUST DEEDS COALITION
WHEREAS, discriminatory covenants were tools used by real estate developers to prevent BIPOC and non-Christian individuals from buying or occupying property in certain areas, and they were common throughout the United States from the early 1900s to the 1960s; and
WHEREAS, the purpose of discriminatory covenants was to racially and religiously
homogenize communities by excluding BIPOC and non-Christian individuals from Falcon Heights. These tools segregated the metro area and built a hidden system of apartheid; and
WHEREAS, in 2016, the University of Minnesota founded Mapping Prejudice to expose the
racist practices that shaped the landscape of the metro area. Mapping Prejudice researched
restrictive covenants in Ramsey County and created the first-ever comprehensive map of racial covenants in an American city. The project mapped 1,830 covenants in Ramsey County, including 101 covenants in Falcon Heights; and
WHEREAS, an example of a common covenant in Falcon Heights declared that “RESTRICTION AND; and that said property shall in no manner be conveyed to persons of African or Oriental descent”; and
WHEREAS, the discriminatory covenants in Falcon Heights are concentrated along its borders
with St. Paul and Roseville; and
WHEREAS, there are parcels located in the Northeast Quadrant, Northhome, and Snelling West that contain discriminatory covenants; and
WHEREAS, restrictive covenants are no longer enforceable. Legal efforts to eliminate Discriminatory Covenants include Shelley v. Kraemer, 334 U.S. 1 (1948), in which the United States Supreme Court prohibited courts from enforcing Discriminatory Covenants and the Minnesota legislature in 1953 enacted statutes that prohibited new covenants, but existing covenants were still legal in Minnesota until 1962; and
WHEREAS, as a result of these judicial and legislative actions, today, Minnesota law and federal law prohibit discrimination in the sale or lease of housing based on race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status and those state and federal prohibitions extend to the refusal
to sell or to circulate, post or cause to be printed, circulated, or posted, any limitation,
163
specification, or discrimination as to race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or familial status; and
WHEREAS, in 2019, the Minnesota Legislature passed a law authorizing property owners to individually discharge or renounce discriminatory covenants by recording a discharge form in the county property records; and
WHEREAS, discriminatory covenants promoted and established residential racial segregation,
which historically and currently has impacted property ownership, accumulation of wealth, property transfers, mortgage eligibility, rental eligibility, property values, property tax base, internet access, and more. Discriminatory covenants fortified systemic racism and compounded economic divestment in specific communities within Ramsey County; and
WHEREAS, discriminatory covenants benefitted White communities. For example, homes that were racially covenanted are still predominantly owned by White people and are worth approximately 15% more today than non-covenanted properties; and
WHEREAS, discriminatory covenants created demographic patterns that remain in place today.
Due in part to this historical practice, the population of the City of Falcon Heights is less racially diverse than the populations of all of its neighboring communities and has a lower percentage of minority owned businesses than many neighboring communities; and
WHEREAS, in 2022, the City Council directed the Community Engagement Commission to
begin work on the Just Deeds Project, which connects residents to pro bono attorneys who can help remove discriminatory covenants from property titles in Falcon Heights; and
WHEREAS, the State of Minnesota, including the City of Falcon Heights, recognizes the harm that Discriminatory Covenants—and the racial, religious, and other discriminatory practices that
they represent—cause to society in general and to the individuals who are adversely affected by racial, religious, and other discrimination through the presence of discriminatory covenants in the public land records.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. The City of Falcon Heights disavows and condemns the past use of discriminatory
covenants and prohibits discriminatory covenants from being used in the future. 2. The City Attorney is directed to investigate and to identify any real property owned or leased by the City that contains discriminatory covenants and to prepare and record an affidavit or request an examiner’s directive discharging such discriminatory
covenants pursuant to Minnesota Statute § 507.18, subd. 5. 3. City staff is directed to participate in the work of the Just Deeds Coalition to educate the community about this and other historically discriminatory practices; to identify contemporary discriminatory systems, policies, and practices; and to take action to
164
dismantling racist systems, practices, and policies in the City of Falcon Heights to create equity for all.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor
GUSTAFSON ____ In Favor Attested by: ________________________ LEEHY Jack Linehan MEYER ____ Against City Administrator
WEHYEE ANDREWS
165
166
167
Discharging of Racial Covenants from your Legal Property Record
Completion of Form 40.10.1 (2019)
Background:
Racial Covenants are restrictions placed on residential properties (deeds, titles) from the 1940s to
the early 1960’s. Most homeowners do not realize these exist. Standardized forms used during that
time in real estate transactions contained these provisions which were seldom overlooked as part of
the purchasing/closing process. A Supreme Court ruling in 1948 (Shelley v. Kraemer) ruled them
unenforceable and in 1953 the Minnesota Legislature prohibited their use. However, they remain on
the o cial records until they are legally removed – discharged.
Examples of Racial Covenants:
DATE - 1946-04-23
COVENANT
no person or persons other than of the Caucasian race shall be permitted to occupy said premises or
any part thereof
DATE - 1948-04-01
COVENANT
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No lot, plot, or parcel shall be sold, leased, mortgaged, used or occupied, nor any right thereto be
granted, given, or permitted to any person, other than a member of the Caucasian race, except that
this covenant shall not prevent occupancy by persons.
Removing them from your property title/deed:
While no longer enforceable, they remain a permanent part of your legal property record. Completion
and ling of form 40.10.1 will remove (discharge) them from the legal property record.
Discharge Process Form: Fill out the form:
Is a very simple process.
. Obtain/complete Minnesota Uniform Conveyance Form 40.10.01
. 10.1DischargeofRestrictiveCovenant- llable.pdf (mn.gov)
. Google Mapping Prejudice - https://mappingprejudice.umn.edu.
. Click on “See all Covenants.”
. Scroll cursor over your property
. Click the mouse
. A pop up will appear that contains:
. Your legal description of your property (Addition, Lot, Block Number) this
information goes on the rst page where is asks for “The real property
owned …., Fill in Ramsey in the blank and your property information –
legally described as .
. The date of the Covenant – ll that in the rst blank of question 2 on page
w.
The document number which goes in the second blank
. There is no Book of ______ of ______ , Page _____ to ll in. Ramsey County does not record in
that manner.
. Fill in the word Ramsey in the last blank
. At the very bottom left hand corner of the page there is a place to insert name and address
after: “THIS INSTRUMENT WAS DRAFTED BY”
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169
You write in your name and address there.
Be sure to sign the form in front of the notary, and not before-and bring a form of your
identi cation with you (state i.d. or driver’s license)
. Have the form notarized (Come to City Hall and we will notarize it). NOTE – All property
owners need to sign (Husband and Wife or Joint owners). City Hall is open Monday thru
Thursday from 7:00 AM to 5:00 PM
. Mail form to Ramsey County address below and Attention Todd Uecker.
If you come to City Hall, we will notarize and mail the form for you.
Ramsey County Recorder’s O ce
90 Plato Blvd W
Saint Paul, MN 55107
ATTN: Todd Uecker
Questions:
Call City or email City Administrator Nyle Zikmund (note, email is best)
612-860-7442
Nyle.zikmund@moundsviewmn.org
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BLANK PAGE
173
Item City Code Updates – City Inspections
Description
City Code frequently needs updates as issues are raised and Staff enforces
code. To reflect practices similar to those in neighboring cities and to help
protect renters’ rights, Staff has reviewed the City’s current practices for
inspecting rental properties and has proposed updates to the inspection
process as outlined in City Code. The proposed changes made to Sec. 105-94
are attached for review and discussion by City Council.
Changes of Note Include:
(No changes made to (a) in Sec. 105-94)
• b). Wording added to reflect that individual units in multifamily
dwellings may be subject to inspection.
• The current City Code states that common areas of multifamily
dwellings shall be inspected. The attached draft adds wording to reflect
that inspections of multifamily dwellings shall include common areas
but that they MAY also include any dwelling unit, with permission
from any owner, operator, occupant or other person(s) in charge.
• c). Wording added to further state actions the City may take if any
owner or (tenant) occupant refuses entry for an inspection.
o In addition to outlining legal steps the City may pursue, wording
is added to state how the license itself may be suspended, revoked or
denied.
• (d). Adding mention of a re-inspection fee to City Code.
o The current fee schedule lists a re-inspection fee of $50 (due to
initial failure). The proposed change adds additional fees if multiple re-
inspections are needed. If during an initial inspection, a correction
notice is issued, then one re-check will be included in the inspection fee.
Should any code violations still exist and second/further inspections are
needed, then an additional fee or fees will be charged to the owner.
These fees are stated in the Fee Schedule draft.
Meeting Date October 2, 2024
Agenda Item Policy C6
Attachment See Below
Submitted By Kelly Nelson, Administrative Services
Director/Deputy Clerk
174
• (e). Wording added stating that a re-inspection fee can be waived by
the City Administrator or their designee in case of error, mistake,
injustice, or other good cause.
• (f). Wording added stating that the owner/owner’s
representative/tenant must be present during the inspection and must
permit free access and entry for inspection purposes.
o Occasionally, an owner asks if they can provide a code to enter
an unattended premise. The Fire Marshal will not enter an unoccupied
property for inspections.
• (g). Wording added stating that no-shows or refusals to permit entry to
the rental dwelling may be subjected to reinspection fees.
o The City does not currently have an established fee that is issued
for no-shows at inspections. Staff proposes redefining the Re-
Inspection fee of $50 to be more all-encompassing so that it includes
both no-shows and second and subsequent re-inspections.
Budget Impact None.
Attachment(s) • City Code –City Code – Chapter 105 Buildings and Building
Regulations Drafted Changes
• Current Fee Schedule -Drafted Changes to License Re-Inspections
Action(s)
Requested
Staff requests City Council discuss these potential amendments to City Code
and to the Fee Schedule.
175
Chapter 105 - BUILDINGS AND BUILDING REGULATIONS
Article/Division/Section:
ARTICLE I IN GENERAL
105-1 Placement of addresses on principal structures
105-2 Fire code
105-3 – 105-22 Reserved
ARTICLE II STATE BUILDING CODE
105-23 Codes adopted by reference
105-24 Application, administration and enforcement
105-25 Permits and fees
105-26 Optional provisions
105-27 – 105-55 Reserved
ARTICLE III PROPERTY MAINTENANCE
105-56 General requirements
105-57 Purpose
105-58 International Property Maintenance Code adopted
105-59 Deletions
105-60 Amendments
105-61 – 105-85 Reserved
ARTICLE IV RENTAL HOUSING
105-86 Purpose
105-87 Definitions
105-88 License required
105-89 Application for license
105-90 License approval
105-91 License renewal
105-92 License fees
105-93 Furnish license
105-94 City inspections
105-95 Maintenance standards
105-96 Crime free/criminal activity lease requirements
105-97 Revocation, suspension, and civil fines
105-98 Hearing on penalties, revocation, violation, suspension and civil fines 105-99 Summary action 105-100 Applicable laws
105-101 Multiple suspensions
105-102 – 105-109 Reserved
ARTICLE V ELECTRICAL REGULATIONS
105-110 Purpose; application of this article
176
105-111 Electrical inspector, qualifications and appointment 105-112 Standards for electrical equipment installation
105-113 Connections to installations
105-114 Permits and inspectors
105-115 – 105-119 Reserved
ARTICLE VI VACANT PROPERTIES
105-120 Definitions
105-121 Policy
105-122 Registration required; form
105-123 Presumptions, exceptions, and fee waivers
105-124 Recordkeeping
105-125 Fees
ARTICLE I - IN GENERAL
Sec. 105-1 - Placement of addresses on principal structures
(a) Purpose. The placement of numbers indicating correct addresses on all principal
structures and accessory dwelling units within the city is deemed to be in the interests of health, welfare and safety of its residents. Properly numbered structures will allow for identification for police and fire protection purposes.
(b) Numbered addresses. All residential structures and garages abutting alleys shall have the proper street address affixed as designated by the city. All businesses or
commercial establishments shall have the proper street addresses affixed to both the front and back of the establishment.
(c) Requirements. All letters shall be a minimum of four inches in
height. (Code 1993, § 5-3.04)
Sec. 105-2 - Fire code
The Minnesota State Fire Code, as now or hereafter amended, is hereby adopted by reference. A copy shall be available in the city offices. (Code 1993, § 2-3.02) State Law reference – State fire code, Minn. Stats. § 299F.011; adoption by reference,
Minn. Stats. § 471.62.
Secs. 105-3 – 105-22 - Reserved
ARTICLE II - STATE BUILDING CODE
Sec. 105-23 - Codes adopted by reference
177
The Minnesota State Building Code, as adopted by the commissioner of administration pursuant to Minn. Stats. §§ 16B.59—16B.75, including all of the
amendments, rules and regulations established, adopted and published from time to time
by the state commissioner of administration, through the building codes and standards division is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this Code. The Minnesota State Building Code is hereby incorporated in this Code as if fully set out herein.
(Ord. No. 03-05, § 1, 8-13-2003)
State Law reference – Adoption by reference, Minn. Stats. § 471.62.
Sec. 105-24 - Application, administration and enforcement
The application, administration, and enforcement of the Code shall be in accordance with the Minnesota State Building Code. The code enforcement agency of this
municipality is called the Falcon Heights building official. This code shall be enforced
by the state certified building official designated by this municipality to administer the code. (Ord. No. 03-05, § 2, 8-13-2003) Sec. 105-25 - Permits and fees
The issuance of permits and the collection of fees shall be as authorized in Minn.
Stats. §326B.153. Permit fees shall be assessed for work governed by this Code in accordance with the fee schedule adopted by the municipality. In addition, a surcharge fee shall be collected on all permits issued for work governed by this Code in accordance with Minn. Stats. 326B.148.
(Ord. No. 21-02, § 1, 4-28-2021)
Sec. 105-26 - Optional provisions
The following are hereby adopted:
(1) Minn. Rules chapter 1306 with subpart 2, Existing and New Buildings. All
floors, basements, and garages are included in this floor area threshold. (2) Minn, Rules chapter 1335, Floodproofing Regulations, sections 100 through sections 1406 of the 1972 edition of the “Floodproofing Regulations” from the
Office of the Chief Engineers, U.S. Army, Washington, D.C.
(3) Appendix chapter K (Grading), of the 2018 International Building Code
178
(Ord. No. 21-02, § 1, 4-28-2021)
Secs. 105-27 – 105-55 - Reserved
ARTICLE III - PROPERTY MAINTENANCE1
Sec. 105-56 - General requirements
The requirements of this article apply to all buildings, structures and property within the city. All buildings and portions of buildings, including mechanical, electrical,
plumbing and other building systems, previously constructed or installed in accordance with city and state codes must be maintained in conformance with the requirements of the codes in effect at the time of construction or installation. (Ord. No. 12-04, § 1, 5-23-2012)
Sec. 105-57 - Purpose
The purpose of this article is to protect, preserve, and promote the physical and mental health of the people, investigate and control communicable diseases, regulate privately and publicly-owned dwellings for the purpose of sanitation and public health, and protect the safety of the people and promote the general welfare by legislation which
shall be applicable to all dwellings now in existence or constructed in the future and
which (i) establishes minimum standards for basic equipment and facilities for light, ventilation and heating, for safety from fire, for the use and location, and amount of space for human occupancy, and for safe and sanitary maintenance; (ii) determines the responsibilities of owners, operators and occupants of dwellings; and (iii) provides for the
administration and enforcement of this article.
(Ord. No. 12-04, § 1, 5-23-2012)
Sec. 105-58 - International Property Maintenance Code adopted
The International Property Maintenance Code, 2012 Edition, is hereby adopted by reference and incorporated herein, subject to the amendments set forth in this article. (Ord. No. 12-04, § 1, 5-23-2012)
Sec. 105-59 - Deletions
The following sections of the International Property Maintenance Code are deleted: 302.4, 302.8, 303, 307, 402.1, 404.4.1, 404.5, 503.4, Chapter 8 all sections. (Ord. No. 12-04, § 1, 5-23-2012) Sec. 105-60 - Amendments
179
The following sections of the International Property Maintenance Code are amended to read as follows:
Section 101.1 Title
These regulations shall be known as the Property Maintenance Code of the City of Falcon Heights hereinafter referred to as "this Code."
Section 102.3 Application of Other Codes
Repairs, additions, or alterations to a structure, or changes of occupancy, shall be
done in accordance with the procedures and provisions of the Minnesota State
Building Code and Falcon Heights City Code.
Section 102.7 Referenced Codes and Standards
The codes and standards referenced in this Code shall mean the applicable provision of the Falcon Heights City Code or Minnesota State Building Code, whichever is the
most restrictive requirement permitted under statute and considered part of the
requirements of this Code to the prescribed extent of each such reference. Where differences occur between provisions of this Code and the referenced standards, the provisions of this Code shall apply unless preempted by or in conflict with the State Building Code.
Section 103.2 Appointment
The City Administrator or the City Administrator's designated agents shall be the code official responsible for the administration and enforcement of this Code. Given limited city resources and local community standards, the City Administrator and other City Code Officials shall have discretion in responding to complaints of
violations and prioritizing compliance initiatives and enforcement actions.
Section 103.5 Fees
The fees for activities and services performed by the City in carrying out its responsibilities under this Code shall be adopted by Resolution of the City Council.
Section 106.3 Prosecution of Violation
Any person failing to comply with a notice of violation or order served in accordance
with Section 107 shall be deemed guilty of a misdemeanor and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the
unlawful occupancy of the structure in violation of the provisions of this Code or of
the order or direction made pursuant thereto. Any expenses incurred by the City in carrying out the enforcement of the provisions of this Code shall be included as a special assessment against the property.
Section 107.2 Form
180
Such notice prescribed in Section 107.1 shall be in accordance with all of the following:
1. Be in writing.
2. Include a description of the real estate sufficient for identification.
3. Include a statement of the violation or violations and why the notice is being issued.
4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this Code.
5. Inform the property owner of the right to appeal.
6. Include a statement of the right to impose a special assessment in accordance with Section 106.3.
Section 108.1 General
When a structure or equipment is found by the code official to be unsafe, or when a
structure is found unfit for human occupancy, or is found unlawful, such structure shall be subject to the provisions of this Code.
Section 108.2 Closing of Vacant Structures
If the structure is vacant and unfit for human habitation and occupancy, and is not in
danger of structural collapse, the code official is authorized to post the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof
shall be assessed to the real estate upon which the structure is located.
Section 108.3 Notice
Whenever the code official has determined a structure or equipment is unsafe, a structure is unfit for human occupancy or a structure is unlawful under the provisions of this Article, notice shall be posted in a conspicuous place in or about the structure
affected by such notice and served on the owner or the person or persons responsible
for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall also be placed on the unsafe equipment. The notice shall be in the form prescribed in Section 107.2.
Section 108.4 Posting
Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall place a posting on the premises or on the defective equipment which shall provide a statement of the penalties for occupying the premises or operating the equipment.
181
Section 108.4.1 Posting Removal
The code official shall provide written approval and remove the posting whenever the
defect or defects upon which the enforcement action and posting were based have
been eliminated. It shall be unlawful for any person to deface, obscure or remove a posting without the approval of the code official. Any person who defaces, obscures or removes a posting shall be subject to the penalties provided by this Code.
Section 108.5 Prohibited Occupancy
Any occupied structure posted by the code official shall be vacated as ordered by the code official. Any person who shall occupy posted premises or shall operate posted equipment, and any owner or any person responsible for the premises who shall let anyone occupy a posted premises or operate posted equipment shall be liable for the penalties provided by this Code.
Section 109.6 Hearing
Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon filing a written notice of appeal with the Clerk, be afforded an appeal/hearing as described in this Code.
Section 110.3 Failure to Comply
If the owner of a premise fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost thereof assessed to the real estate upon which the structure is
located.
Section 111.1 Application for Appeal
Any person directly aggrieved by a notice issued under this Code, may within ten days after service of the same, appeal to the Council by filing a written notice of
appeal with the Clerk. In the case of an appeal from a notice issued to vacate pending
elimination of imminent dangers, the appeal shall be heard as soon as possible after the time of filing. In the case of appeals from other notices, the appeal shall be heard at such time as may be established by the Council, but the taking of an appeal from a notice other than one to vacate pending the elimination of imminent dangers shall,
during the pendency of such appeal, restrain the City and its officers from proceeding
in any manner to enforce such notice.
Section 111.2 Decision of the Council
All appeals under this Code shall be heard by the Council. The Council may affirm in whole or in part or deny the existence of a violation of this Code, and if the violation is found to exist, confirm or modify the corrective action to be taken or the order
requiring vacation of the premises and the time allowed for it.
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Section 111.3 Correction of Violation by City; Assessment of Cost
In all cases of violation of this Code to which M.S. 145A.03 through 145A.09 are
applicable, the Sanitarian may proceed as provided in M.S. 145A.03 through
145A.09 to abate or remove the violation and to have the cost of it specially assessed against the lot or parcel where the violation was located. In suitable cases, said statutory remedies and procedure may be used either concurrently with, or separate from, the procedures prescribed in this Code.
Section 112.4 Failure to comply
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilt of a misdemeanor.
Section 201.3 Terms Defined in Other Codes
Where terms are not defined in this Code and are defined in the Falcon Heights City Code or the Minnesota State Building Code, such terms shall have the meanings ascribed to them as stated in those codes.
Section 304.14 Insect Screens
Except for owner-occupied residential dwellings, during the period from May 15 to
October 15 every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting
screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen
door used for insect control shall have a self-closing device in good working condition.
Section 305.1 General
The interior of a rental structure and equipment therein shall be maintained in good
repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the
structure and exterior property. The property owner is ultimately responsible for the whole property.
Section 307.1 General
Every exterior and interior flight of stairs shall have handrails on both sides of the stair.
Exception: Stairs having four or more risers and permitted by the Minnesota State
Building Code to be less than 44" wide may have handrails on one side. Stairs
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having less than four risers and permitted by the Minnesota State Building Code to be less than 44" wide are not required to have handrails.
Every open portion of a stair, landing, balcony, porch, deck, ramp or other walking
surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards.
Handrails shall not be less than 34 inches (864 mm) high or more than 38 inches (965 mm) high measured vertically above the nosing of the tread or above the
finished floor of the landing or walking surfaces. Guards shall not be less than 42
inches (1067 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
Exceptions:
1. Guards may be not less than 36 inches (914mm) high where permitted
by the Minnesota State Building Code.
2. Guards shall not be required where exempted by the adopted building code.
Section 308.4 Multiple Occupancies
The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for
extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination. Whenever infestation exists in two or more dwelling units in a dwelling, extermination of the infested areas shall be the responsibility of the owner and operator.
Section 401.3 Alternative Devices
In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Minnesota State Building Code shall be permitted.
Section 402.3 Other Spaces
All other spaces shall be provided with natural or artificial light to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. Minimum artificial light shall provide 10 foot candles of light over the room area at a height of 30 inches.
Section 505.1 General. Amended to read:
Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Minnesota State Building Code.
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Section 602.2 Residential Occupancies
Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) at a distance 3 feet above floor level in all habitable
rooms, bathrooms and toilet rooms based on the winter outdoor design temperature of -15 ° F. Cooking appliances shall not be used to provide space heating to meet the requirements of this section.
Section 602.3 Heat supply
Every owner and operator of any building who rents, leases or lets one or more
dwelling units or sleeping units on terms, either expressed or implied, to furnish heat
to the occupants thereof shall supply heat during the period from September 15 to May 15 to maintain a temperature of not less than 68°F (20°C) at a distance 3 feet above floor level in all habitable rooms, bathrooms, and toilet rooms.
Exception: When the outdoor temperature is below the winter outdoor design
temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature shall be -15 ° F.
Section 602.4 Occupiable Work Spaces
Indoor occupiable work spaces shall be supplied with heat during the period from
September 15 to May 15 to maintain a temperature of not less than 65°F (18°C) at a distance 3 feet above floor level during the period the spaces are occupied.
Section 604.2 Service
The size and usage of appliances and equipment shall serve as a basis for
determining the need for additional facilities in accordance with the currently
adopted National Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes.
Section 605.2 Receptacles
Every habitable space in a dwelling shall contain at least two separate and remote
receptacle outlets. Every laundry area and bathroom in a dwelling shall contain at least one receptacle. Any electrical outlet within six feet of a water source or water outlet shall include operable ground fault circuit interrupter protection.
Section 606.1 General
Elevators, dumbwaiters and escalators shall be maintained in compliance with
Minnesota Elevators and Related Devices Code. The most current certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, or the certificate shall be available for public inspection in the office of the building operator. The inspection and tests shall be performed at not less than the
periodical intervals listed in Minnesota Elevators and Related Devices Code, except
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where otherwise specified by the authority having jurisdiction.
Section 702.1 General
A safe, continuous and unobstructed path of travel shall be provided from any point
in a building or structure to the public way. Means of egress shall comply with the Minnesota State Fire Code.
Section 702.2 Aisles
The required width of aisles in accordance with the Minnesota State Fire Code shall be unobstructed.
Section 702.3 Locked Doors
All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the Minnesota State Building Code.
Section 702.4 Emergency Escape Openings
Required emergency escape openings for Group IRC, Group R and Group I-1 shall comply with Minnesota State Fire Code Section 1026, Emergency Escape and Rescue.
Section 704.1 General
All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or
control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the Minnesota State Fire Code.
Section 704.2 Smoke Alarms
Single or multiple-station smoke alarms shall be installed and maintained in Groups
R-2, R- 3, R-4 and in dwellings not regulated in Group R occupancies, regardless of
occupant load at all of the following locations:
1. on the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
2. in each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements and cellars but not
including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.
Single or multiple-station smoke alarms shall be installed in other groups in accordance with the Minnesota State Fire Code.
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(Ord. No. 12-04, § 1, 5-23-2012)
Secs. 105-61 – 105-85 - Reserved
ARTICLE IV - RENTAL HOUSING2
Sec. 105-86 - Purpose
It is the purpose of this article to protect the public health, safety and welfare of
citizens of the city who have as their place of abode a living unit furnished to them for
the payment of a rental charge to another by adopting licensing regulations for all rental dwellings and multifamily rental dwellings in the city. (Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 9, 9-11-2019) Sec. 105-87 - Definitions
For the purposes of this article, the terms defined in this section shall have the
meanings given them as follows:
Compliance official means the city administrator or his or her designee.
Operate means to charge a rental charge or other form of compensation for the use of a unit in a rental dwelling/multifamily rental dwelling.
Rental dwelling means any single-family dwelling, accessory dwelling unit, duplex
dwelling or triplex dwelling, which is rented for more than four consecutive months in any calendar year. Rental dwelling does not include Minnesota Department of Health–licensed rest homes, convalescent care facilities, nursing homes, hotels, motels, managed home-owner associations, cooperatives, or on- campus college housing.
Multifamily rental dwelling means any building or portion thereof, including the real
property upon which it is located and which surrounds it, that contains four or more dwelling units that may be attached side-by-side, stacked floor-to-ceiling, and/or have a common entrance and have a common owner that are being rented out. Multifamily rental dwelling does not include Minnesota Department of Health–licensed rest homes,
convalescent care facilities, nursing homes, hotels, motels, managed home-owner
associations, cooperatives, or on-campus college housing.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 10, 9-11-2019) Sec. 105-88 - License required
No person, firm, partnership, corporation or other legal entity shall operate a rental dwelling or multifamily rental dwelling in the city without first obtaining a license. The
license is issued annually and is valid until the date of expiration. Changes that result in a
25% change in ownership of a property requires a new license. The new owner(s) must submit an application for a new license within thirty calendar days of acquiring the
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property. Property owners that are listed on a stock exchange are exempt from section 105-88.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 11, 9-11-2019)
Sec. 105-89 - Application for licenses
Applications for licenses shall be made in writing on forms provided by the city and accompanied by the fee amounts as established by the City Council. Such application shall be submitted at least 60 days prior to the expiration date of the license, and shall
specify the following:
(1) Name and address of the owner of the rental dwelling/multifamily rental dwelling.
(2) Name and address of any agent actively managing the rental dwelling/multifamily rental dwelling. The agent must live within the Seven County Metropolitan area and must have a background check conducted by
the police department.
(3) Name and address of all partners if the registrant is a partnership.
(4) Name and address of all officers of the corporation if the registrant is a corporation.
(5) Name and address of the vendee if the rental dwelling/multifamily rental dwelling is owned or being sold on a contract for deed.
(6) Legal address of the rental dwelling/multifamily rental dwelling.
(7) Number and kind of units within the rental dwelling/multifamily rental dwelling classified as dwelling units, tenement units, or rooming units or other. (8) Name and address of on-site operating manager, if any.
(9) If property contains an accessory dwelling unit, property owner must reside on the
property and verify their permanent residence in either the single-family residence or accessory dwelling unit on the property.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 12, 9-11-2019)
Sec. 105-90 - License approval
The compliance official may either approve or deny the license, or may delay action for up to 60 days to permit the city to complete any investigation of the application or the applicant as deemed necessary. If the compliance official approves the license, a license shall be issued to the applicant. If the compliance official denies the application, a notice of denial shall be sent to the applicant at the business address provided on the application
along with the reasons for the denial. The notice shall also inform the applicant of their right to appeal the decision to the city council pursuant to the process set forth in this article. (Ord. No. 13-06, § 1, 12-11-2013)
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Sec. 105-91 - License renewal
Notwithstanding the application signature requirements, renewals of the license as required annually by this Code may be made by filling out the required renewal form
provided by the city to the owner, operator or agent of a rental dwelling/multifamily rental dwelling and mailing said form together with the required registration fee to the compliance official. Failure to file the completed application with the city at least 60 days prior to the expiration of the license is a violation of this article. (Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 13, 9-11-2019)
Sec. 105-92 - License fees
The license fees shall be in the amount established by the City Council. Failure to pay the license fee for renewal of a license is a violation of this article. (Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 14, 9-11-2019)
Sec. 105-93 - Furnish license
Every registrant of a rental dwelling/multifamily rental dwelling shall be given a
copy of the license. The license shall contain a statement that the tenant or tenants may contact the attorney general for information regarding the rights and obligations of owners and tenants under state law. The statement shall include the telephone number and address of the attorney general.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 15, 9-11-2019)
Sec. 105-94 - City inspections
(a) Rental dwellings shall be inspected by the compliance official or designated representative in their entirety every 24 months. An application and payment is required annually on a continuous basis. Rental dwellings that fail their first
inspection will be subjected to additional inspections until an inspection certificate is
given by the compliance official. Rental dwellings that fail their first inspection will be subjected to an inspection the subsequent year.
(b) Multifamily rental dwellings shall be inspected by the compliance official or designated representative every 24 months. An inspection will be made of the
common areas of the property and the compliance official or designated
representative shall have the authority to enter, at all reasonable times, any dwelling unit, with permission from any owner, operator, occupant or other person(s) in charge. An application and payment is required annually on a continuous basis. Multifamily rental dwellings that fail their first inspection will be
subjected to additional inspections until an inspection certificate is given by the
compliance official. Multifamily rental dwellings that fail their first inspection will be subjected to an inspection the subsequent year.
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(c) Pursuant to this section, the compliance official shall make inspections to determine the condition of rental dwellings/multifamily rental dwellings located
within the city for the purpose of enforcing the rental licensing standards. The
compliance official or designated representative may enter, examine and survey at all reasonable times all rental dwellings/multifamily rental dwellings and premises after obtaining consent from an occupant of the premises. In the event that an occupant of the premises does not consent to entry by the compliance official or
designate representative, and if there is probable cause to believe that an inspection is
warranted, then application may be made to the court for an administrative or other search warrant for the purpose of inspecting the premises. If any owner or (tenant) occupant fails or refuses to permit entry to a rental dwelling under its control for an inspection pursuant to this article, the compliance official or designated
representative may pursue any remedy at law or under the city code, including, but
not limited to, securing an administrative search warrant for the rental dwelling, denying a rental license application, revoking or suspending a rental license, or denying a renewal license.
(d) The license application fee shall cover an initial inspection of the property and up to one recheck in the event that correction notices are issued during the initial
inspection. If the inspector determines code violations still exist and a
second/further inspection(s) is/are needed, then a fee will be charged for each subsequent re-inspection occurring after the due date for compliance with an order, as published in and according to the City’s current adopted fee schedule.
(e) The City Administrator or their designee may waive a re-inspection fee in case of
error, mistake, injustice, or other good cause.
(f) The owner/owner’s presentative/tenant must be present during the inspection and must permit free access and entry for inspection purposes.
(c)(g) Should an owner fail to keep a scheduled inspection without reasonable cause or refuse to permit entry to the rental dwelling, a re-inspection fee may be charged.
(d)(h) The city may, upon receipt of a creditable third party third-party complaint
or a complaint by residents with reasonable concerns, require an inspection of rental dwellings/multifamily rental dwellings. A complaint-based inspection may require individual dwelling units to be inspected.
(e)(i) The owner's rental housing license may be suspended, revoked or denied
renewal for failing to maintain the licensed building in compliance with the property maintenance code as set forth in chapter 105, article III of this Code or otherwise failing to comply with the requirements of the City Code or applicable state or federal law. (Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 16, 9-11-2019)
Sec. 105-95 - Maintenance standards
(a) Every rental dwelling/multifamily rental dwelling shall maintain the standards in
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chapter 105, article III, housing code, and chapter 22, blight, in addition to any other requirement of the ordinance of the city or special permits issued by the city, or the
laws of the State of Minnesota.
(b) Any code violation noted by the city must be remedied in a timely fashion by the property owner and reinspected for compliance by the city. (Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 17, 9-11-2019) Sec. 105-96 - Crime free/criminal activity lease requirements
(a) All tenant leases, except for state licensed residential facilities and subject to all
preemptory state and federal laws, shall contain the following crime free/criminal activity language:
(1) Drug-related activity.
a. Resident, any members of the resident's household or a guest or other person affiliated with resident shall not engage in drug-related criminal
activity, on or near the premises.
b. Resident, any member of the resident's household or a guest or other person affiliated with resident shall not engage in any act intended to facilitate drug-related criminal activity on or near the premises.
c. Resident or members of the household will not permit the dwelling unit to
be used for, or to facilitate drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a guest.
d. Resident, any member of the resident's household or a guest, or other person affiliated with the resident shall not engage in the unlawful
manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any locations, whether on or near the premises or otherwise.
e. Violation of the above provisions shall be a material and irreparable violation of the lease and good cause for immediate termination of tenancy.
(2) Criminal activity.
a. Resident, members of the resident's household, guests, or other persons under the resident's control shall not engage in criminal activity, engage in any act intended to facilitate criminal activity, or permit the dwelling unit to be used for or facilitate criminal activity on or near the premises.
b. Three criminal activity violations involving the same tenancy within a continuous 12-month period shall be a substantial and material violation of the lease and good cause for termination of the tenancy.
c. Notwithstanding the above provision, criminal activity that jeopardizes the health, safety, and welfare of the landlord, his or her agent, other residents,
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neighbors or other third party, or involving imminent or actual serious property damage shall be a material and irreparable violation of the lease
and good cause for immediate termination of tenancy.
(3) Definitions.
a. The term "criminal activity" means the violation of the following:
1. Minn. Stats. §§ 609.75 through 609.76, which prohibit gambling;
2. Minn. Stats. §§ 609.321 through 609.324, which prohibit prostitution
and acts relating thereto;
3. Minn. Stats. § 340A.401, which prohibit the unlawful sale of alcoholic beverages;
4. Minn. Stats. §§ 97B.021, 97B.045, 609.66 through 609.67 and 624.712 through 624.716, and section 30-3 of this Code, which
prohibit the unlawful possession, transportation, sale or use of a
weapon;
5. Minn. Stats. §§ 609.185, 609.19, 609.195, 609.20, and 609.205 which prohibit murder and manslaughter;
6. Minn. Stats. §§ 609.221 , 609.222, 609.223, and 609.2231 which
prohibit assault;
7. Minn. Stats. §§ 609.342, 609.343, 609.344, 609.345, and 609.3451 which prohibit criminal sexual conduct;
8. Minn. Stats. §§ 609.52 which prohibit theft;
9. Minn. Stats. §§ 609.561, 609.562, 609.563, 609.5631, and 609.5632 which
prohibit arson;
10. Minn. Stats. § 609.582 which prohibit burglary;
11. Minn. Stats. § 609.595 which prohibit damage to property;
12. Chapter 22, article III of this Code, which prohibits nuisances;
13. Minn. Stats. § 609.72, which prohibit disorderly conduct, when the
violation disturbs the peace and quiet of the occupants of at least one
unit on the licensed premises or other premises, other than the unit occupied by the person(s) committing the violation; and
14. Section 30-3 of the Falcon Heights City Code which prohibits the discharge of a firearm.
b. The term "drug related criminal activity" means the illegal manufacture,
sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use of controlled substance or any substance represented to be drugs in violation of Minn. Stats. §§ 152.01 through 152.025, and 152.027, subds. 1 and 2 and Section 102 of the Controlled Substance Act, 21 U.S.C.
§ 802).
(4) Non-exclusive remedies. The crime free/criminal activity provisions are in
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addition to all other terms of the lease and do not limit or replace any other provisions.
a. These lease provisions shall be incorporated into every new lease for a
tenancy beginning January 1, 2009 and all renewed leases thereafter.
b. Upon determination by the compliance official that a licensed premises or unit within a licensed premises was used in violation of the drug-related activity provision of subsection (a)(1) or criminal activity provision of
subsection (a)(2)(c), the city shall cause notice to be made to the owner and
property manager of the violation. The owner or property manager shall notify the tenant or tenants within ten days of the notice of violation of the crime free/criminal activity lease language and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into
a new lease for a unit located in the licensed property with an evicted tenant
for a period of one year after the eviction.
c. Upon determination by the compliance official that a licensed premises or unit within a licensed premises was used for criminal activity as set forth in subsection (a)(2) herein, the city shall cause notice to be made to the owner
and property manager of the violation and direct the owner and property
manager to take steps to prevent further criminal activity violations.
d. If a second criminal activity violation occurs within a continuous 12-month period involving the same tenancy, the city shall cause notice to be made to the owner and property manager of the second violation. The owner or
property manager shall respond in writing within ten days of receipt of the
notice with an action plan to prevent further criminal activity violations.
e. If a third criminal activity violation occurs within a continuous 12-month period involving the same tenancy, the city shall cause notice to be made to the owner and property manager of the third violation. The owner or
property manager shall notify the tenant or tenants within ten days of the
violation of the crime free/criminal activity lease language within the lease and proceed with termination of the tenancy of all tenants occupying the unit. The owner shall not enter into a new lease for a unit located in the licensed property with an evicted tenant for a period of one year after the
eviction.
f. The provisions of subsections c., d., e., and f. herein do not apply if the determination that the premises have been used in violation of the crime free/criminal activity provisions of subsections (a)(1) and (a)(2) herein originates from a call from or at the request of one or more of the tenants
occupying the premises for police or emergency assistance, or in the case of
domestic abuse, from a call for assistance from any source. The term "domestic abuse" has the meaning given in Minn. Stat. § 518B.01, subd. 2. (Ord. No. 13-06, § 1, 12-11-2013)
Sec. 105-97 - Revocation, suspension, and civil fines
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(a) Violations. The following actions by property owners or license holders are misdemeanors and are subject to civil penalties, may constitute the basis for
revocation of licenses and/or may result in injunctive action by the city. The
property owner shall be responsible for the conduct of its agents or employees while engaged in normal business activities on the licensed premises. Any violation of this article shall be considered an act of the property owner or license holder for purposes of imposing a civil penalty or license revocation. If a license is revoked it
is unlawful for the owner to permit new occupancy of any vacant rental unit, or any
units that become vacant during license injunction.
(b) Basis for sanctions. The compliance official may revoke, suspend, deny or decline to renew any license issued under this article for part or all of a rental dwelling/multifamily rental dwelling upon any of the following grounds:
(1) Leasing without a license. Leasing residential units without a license is subject to license suspension or revocation;
(2) Violation of codes. Violation of the city maintenance code, building code, or fire code;
(3) Hazardous or uninhabitable units. Leasing units that are deemed hazardous
or uninhabitable or units within a building that are deemed hazardous or uninhabitable;
(4) Commission of a felony. Commission of a felony related to the licensed activity by the property owner or manager;
(5) Consideration of suspension or revocation. At any time during a license
period, if a rental property does not meet or exceed the criteria established for the current license, the license may be brought forth to the city council for consideration of license suspension or revocation;
(6) Updated application requirement. Failure to provide an updated application with current information within 30 days of application renewal
request from the city;
(7) False statements. False statements on any application or other information or report required by this article to be given by the applicant or licensee;
(8) Fees. Failure to pay any application, inspection, penalty, reinspection or reinstatement fee required either by this section or city council resolution. Fee
amounts are subjected to change through the city fee schedule;
(9) Correction of deficiencies. Failure to correct dwelling deficiencies in the time specified in a compliance order;
(10) Inspection. Failure to schedule an inspection within 90 days of application filed and/or allow an authorized inspection of a rental dwelling/multifamily
rental dwelling;
(11) Violation of statute. Violation of an owner's duties under Minn. Stats. §§ 299C.66 to 299C.71 ("Kari Koskinen Manager Background Check Act");
(12) Delinquent taxes or fines. Real estate or personal property taxes or municipal
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utilities have become delinquent or have unpaid fines.
(c) Penalties.
(1) Revocation. Any violation of this article may be grounds to revoke a license.
Any civil penalty, revocation or combination thereof under this section does not preclude criminal prosecution under this article or Minnesota statutes. All fines are cumulative and revocation periods will run consecutively.
(2) Violation. Any person that maintains a rental dwelling/multifamily rental
dwelling without having a property registered or after the registration for the
property has been revoked or suspended or who permits new occupancy in violation is guilty of a misdemeanor and upon conviction is subject to a fine and imprisonment as prescribed by state law.
a. First violation: Compliance official will give notice to the licensee of the
violation, request fine payment and direct the licensee to take steps to
prevent further violations.
b. Second violation: If a second violation occurs within 60 days of a first violation the compliance official will give notice to the licensee of the violation, request fine payment and direct the licensee to take steps to
prevent further violations.
c. Third or more violation: If another instance of violations occurs within 60 days of the calendar year compliance official will give notice to the licensee of the violation, request fine payment and direct the licensee to take steps to prevent further violations. If a fourth or subsequent violation
occurs, suspension of the license will be pending until a hearing.
(3) Suspension. The city council may temporarily suspend a license pending a hearing on the suspension or revocation when, in its judgment, the public health, safety, and welfare is endangered by the continuance of the licensed activity.
(4) Civil fines. The city council may impose civil fines in addition to
revocation or suspension for violations of any provision of this article as follows:
Within One Calendar Year Fine Per Unit/Common Building
First Violation $300.00
Second Violation 600.00
Third or more within a 12-month period 900.00
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Renting without a license after 30 days' notice shall be subject to $1,000.00 fine per unit and also
be a misdemeanor offense
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 18, 9-11-2019) Sec. 105-98 - Hearing on penalties, revocation, violation, suspension and civil fines
(a) Hearing. Following receipt of a notice of denial or nonrenewal issued by the compliance official or a notice of a violation and penalty issued under section 105-97
of this article, an applicant or license holder may request a hearing before the city council. A request for a hearing shall be made by the applicant or license holder in writing and filed with the compliance official or compliance official's designee within ten days of the mailing of the notice of denial or alleged violation. Following receipt of a written request for hearing, the applicant or license holder shall be
afforded an opportunity for a hearing before a committee consisting of the compliance official or compliance official's designees. After the committee conducts the hearing it shall report its findings and make a recommendation to the full city council.
(b) Findings. If after the hearing the applicant or license holder is found
ineligible for a license, or in violation of this article, the council may affirm the denial, impose a civil penalty, suspend, or revoke a license or impose any combination thereof.
(c) Default. If the applicant or license holder has been provided written notice of the denial, nonrenewal, or violation and if no request for a hearing is filed within the
ten-day period, then the denial or revocation take immediate effect by default. The compliance official or designee shall mail notice of the denial, fine, suspension, or revocation to the applicant or license holder. The compliance official shall investigate compliance with the denial or revocation.
(d) Penalties for default. Failure to comply with all terms of this section during the
term of revocation, suspension or nonrenewal is a misdemeanor and grounds for extension of the term of revocation, suspension or continuation of nonrenewal of the license.
(e) Appeal. Following receipt of a decision by the compliance official to deny, revoke, suspend, or not renew a license, the owner/licensee may request a hearing
before the city council. The request must be made in writing to the compliance official within ten days of the compliance official's decision.
(f) Written notice, hearing. A decision to revoke, suspend, deny, or not renew a license shall be preceded by written notice to the applicant or licensee of the alleged grounds therefor and the applicant or licensee will be given an opportunity for a hearing
before the city council before final action to revoke, suspend, deny, or not renew a license. A hearing will be conducted before the city council at a public meeting, or the city council may retain an administrative hearing officer or other impartial third party to conduct the public hearing. The licensee shall have the right to be
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represented by counsel, the right to respond to the charged violations, and the right to present evidence through witnesses. The rules of evidence do not apply to the
hearing and the city council may rely on all evidence it determines to be reasonably
credible. The determination to suspend or revoke the license shall be made upon a preponderance of the evidence. It is not necessary that criminal charges be brought in order to support a suspension or revocation of a license violation nor does the dismissal or acquittal of such a criminal charge operate as a bar to suspension or
revocation.
(g) Decision basis. The council shall give due regard to the frequency and seriousness of violations, the ease with which such violations could have been cured or avoided and good faith efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only upon written findings.
(h) Affected facility. The council may suspend or revoke a license or not renew a
license for part or all of a facility.
(i) Suspension. Licenses may be suspended for up to 90 days and may, after the period of suspension, be reinstated subject to compliance with this article and any conditions imposed by the city council at the time of suspension including, but not
limited to, receivership or city obtaining control to manage the property temporarily.
(j) Written decision, compliance. A written decision to revoke, suspend, deny, or not renew a license or application shall specify the part or parts of the facility to which it applies. Thereafter, and until a license is reissued or reinstated, no rental units becoming vacant in such part or parts of the facility may be relet or occupied.
(k) Continuing obligations, penalty. Revocation, suspension or nonrenewal of a
license shall not excuse the owner/licensee from compliance with all terms of this article, this Code, and state laws for as long as any units in the facility are occupied. Failure to comply with all terms of this article during the term of revocation, suspension or nonrenewal is a misdemeanor and grounds for extension of the term
of such revocation or suspension or continuation of nonrenewal, or for a decision
not to reinstate the license, notwithstanding any limitations on the period of suspension, revocation or nonrenewal specified in the city council's written decision.
(l) New licenses prohibited. A person who has a rental license revoked may not receive
a rental license for another property within the city for a period of one year from the
date of revocation. The person may continue to operate other currently licensed rental properties if the properties are maintained in compliance with city codes and other applicable regulations. (Ord. No. 13-06, § 1, 12-11-2013)
Sec. 105-99 - Summary action
(a) When the condition of the rental dwelling/multifamily rental dwelling of any license holder or their agent, representative, employee or lessee is detrimental to the public health, safety and general welfare as to constitute a nuisance, fire hazard or other
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unsafe or dangerous condition and thus give rise to an emergency, the compliance official shall have the authority to summarily condemn or close off such area of the
rental dwelling/multifamily rental dwelling.
(b) Any person aggrieved by a decision of the compliance official to cease business or revoke or suspend the license or permit shall be entitled to appeal to the city council immediately, by filing a notice of appeal. The administrator shall schedule a date for hearing before the city council and notify the aggrieved person of the date.
(c) The hearing shall be conducted in the same manner as if the aggrieved person
had not received summary action.
(d) The decision of the compliance official shall not be voided by the filing of such appeal. Only after the city council has held its hearing will the decision of the compliance official be affected.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 19, 9-11-2019)
Sec. 105-100 - Applicable laws
Licenses shall be subject to all of the ordinances of the city and the State of Minnesota relating to rental dwellings/multifamily rental dwellings; and this article shall not be construed or interpreted to supersede or limit any other such applicable ordinance
or law.
(Ord. No. 13-06, § 1, 12-11-2013; Ord. No. 19-06, § 20, 9-11-2019)
Sec. 105-101 - Multiple suspensions
If the license of more than one dwelling unit in a licensed premises is suspended within 12 months, the period of suspension for the second and subsequent dwelling units licensed that are suspended may be doubled for the suspension period specified in section 105-96.
(Ord. No. 13-06, § 1, 12-11-2013)
Secs. 105-102 – 105-109 - Reserved
ARTICLE V - ELECTRICAL REGULATIONS3
Sec. 105-110 - Purpose; application of this article
(a) The purpose of this article is to implement the provisions of the Minnesota State
Building Code and Minnesota Rules Chapter 1315 which adopts the National Electrical Code.
(b) The provisions of this article shall apply to all installations of electrical conductors, fittings, devices, fixtures hereinafter referred to as "electrical
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equipment", within or on public and private buildings and premises, with the following general exceptions. The provisions of this article do not apply to the
installations in mines, ships, railway cars, aircraft, automotive equipment or the
installations or equipment employed by a railway, electric or communication utility in the exercise of its functions as a utility, except as otherwise provided in this article.
(c) As used in this article, "reasonably safe to persons and property" as applied to
electrical installations and electrical equipment means safe to use in the service
for which the installation or equipment is intended without unnecessary hazard to life, limb or property.
(d) For purposes of interpretation of the provisions of this article, the most recently published edition of the National Electrical Code shall be prima facie evidence of
the definitions and scope of words and terms used in this article.
(Ord. No. 11-02, § 1, 7-13-2011)
Sec. 105-111 - Electrical inspector, qualifications and appointment
Creation; qualifications. There is hereby created the office of electrical inspector. The person chosen to fill the office of electrical inspector shall be of good moral character, shall be possessed of such executive ability as is requisite for the performance of his duties and shall have a thorough knowledge of the standard materials and methods
used in the installation of electrical equipment; shall be well versed in approved methods of construction for safety to persons and property; the statutes of the state relating to electrical work and any orders, rules and regulations issued by authority thereof; and the National Electrical Code as approved by the American Standards Association; shall have two years' experience as an electrical inspector or five years' experience in the installation
of electrical equipment, or a graduate mechanical or electrical engineer with two years of practical electrical experience.
(1) Licensed inspector. The electrical inspector shall be a licensed master or
journeymen electrician as defined under Minnesota Statutes.
(2) Duties of the electrical inspector. It shall be the duty of the inspector to enforce
the provisions of this article. The inspector shall, upon application, grant permits for the installation or alteration of electrical equipment, and shall make inspections of electrical installations, all as provided in this article. The inspector shall keep complete records of all permits issued, inspections and reinsertions
made and other official work performed in accordance with the provisions of
this article.
a. No financial interest. It shall be unlawful for the inspector to engage in the sale, installation or maintenance of electrical equipment, directly or indirectly, and the inspector shall have no financial interest in any
concern engaged in any such business.
b. Authority of electrical inspector. The inspector shall have the right during reasonable hours to enter any building or premises in the discharge of his
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official duties, or for the purpose of making any inspection, reinsertion or test of electrical equipment contained therein or its installation. When any
electrical equipment is found by the inspector to be dangerous to persons or
property because it is defective or defectively installed, the person responsible for the electrical equipment shall be notified in writing and shall make any changes or repairs required in the judgment of the inspector to place such equipment in safe condition. If such work is not completed
within 15 days, or any longer period that may be specified by the inspector
in said notice, the inspector shall have the authority to disconnect or order discontinuance of electrical service to said electrical equipment. In cases of emergency where necessary for safety to persons and property, or where electrical equipment may interfere with the work of any fire department, the
inspector shall have the authority to disconnect or cause disconnection
immediately of any electrical equipment.
(Ord. No. 11-02, § 1, 7-13-2011; Ord. No. 21-01, § 4, 01-13-2021) Sec. 105-112 - Standards for electrical equipment installation
(a) All installations of electrical equipment shall be reasonably safe to persons and property and in conformity with the provisions of this article and the applicable
statutes of the state and all orders, rules and regulations issued by the authority thereof. All electrical equipment shall be listed and labeled by a testing agency.
(b) Conformity of installations of electrical equipment with applicable regulations set forth in the current National Electrical Code as adopted by the Minnesota Rules shall be prima facie evidence that such installations are reasonably safe to persons and
property. Noncompliance with the provisions of this article or the National Electrical Code as adopted by the Minnesota Rules shall be prima facie evidence that the installation is not reasonably safe to persons and property.
(c) The electrical inspector may, with approval of the building official, authorize installations of special wiring methods other than herein provided for.
(d) Buildings or structures moved from without to within and within the limits of the city shall conform to all of the requirements of this Code for new buildings or structures.
(e) Existing buildings or structures hereafter changed in use shall conform in all respects to the requirements of this Code for the new use.
(Ord. No. 11-02, § 1, 7-13-2011)
Sec. 105-113 - Connections to installations
(a) It shall be unlawful for any person to make connections from a supply of electricity to any electrical equipment for the installation of which a permit is required or which has been disconnected or ordered to be disconnected by the electrical
inspector.
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(b) The public or private utility providing services shall disconnect the same upon a written order from the electrical inspector, if the inspector considers any electrical
installation unsafe to life and property or installed contrary to this Code.
(Ord. No. 11-02, § 1, 7-13-2011)
Sec. 105-114 - Permits and inspectors
(a) Permit required. An electrical permit is required for each installation, alteration, addition or repair of electrical work for light, heat and power within the limits of the city. Permits for the installation of electrical work in new structures shall only be issued to
electrical contractors duly licensed by the state. Permits for the installation, alteration, addition or repair of electrical work in existing structures shall only be issued to electrical contractors duly licensed by the state or to resident owners of property where the work is to be done.
(b) Public service corporation exception. No permit shall be required for electrical
installations of equipment owned, leased, operated or maintained by a public service corporation which is used by said corporation in the performance of its function as a utility, except that such electrical installation shall conform to the minimum standards of the National Electrical Safety Code.
(c) Ownership. Ownership of any transmission or distribution lines or appurtenances
thereto, including, but not limited to, transformers, shall not be transferred by a public service corporation to any person, except another franchised public service corporation dealing in electric energy for distribution and sale, without a permit first having been issued therefore by the city. Such permit shall be issued only after the facilities to be
transferred have been inspected and approved as provided in this article and upon
payment of an inspection fee as set forth in this section of the article.
(d) Application and plans. Application for such permit, describing the electrical work to be done, shall be made in writing, to the city by the person so registered to do such work. The application shall be accompanied by such plans, specifications and schedules as may
be necessary to determine whether the electrical installation as described will be in
conformity with all the legal requirements. The fees for electrical inspection as set forth in this section shall accompany such application. If applicant has complied with all of the provisions of this section, a permit for such electrical installation shall be issued.
(e) Concealment. All electrical installations which involve the concealment of wiring or
equipment shall have a "rough-in" inspection prior to concealment, wherein the inspector
shall be duly notified in advance, excluding Saturday, Sunday and holidays.
(f) Inspection fees.
(1) Permits required. Before commencing any installation of any work regulated by this section, a permit therefore shall be secured from the building department and the
fee for such permit paid. The fees schedule set forth in Minn. Stats. § 326B.37 is
adopted by reference and incorporated herein. No such permit shall be issued to do any of the work or make any installation regulated by this section except to persons licensed to do such work under the terms of this section. Holders of a contractor's
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license shall not obtain permits for electrical work unless the work is supervised by them and is performed by workers employed by them or their firm.
(2) Fees double, when. Should any person begin work of any kind, such as set forth in
this section, or for which a permit from the electrical inspector is required by ordinance, without having secured the necessary permit therefore from the inspector of buildings either previous to or during the day of the commencement of any such work, or on the next succeeding day where such work is commenced on a Saturday or
on a Sunday or a holiday, he shall, when subsequently securing such permit, be
required to pay double the fees provided for such permit.
(3) Additional fees and/or shortages. Additional fees and/or fee shortages must be received by the city within 14 days of written notice. If additional fees and/or fee shortages are not received within 14 days of notice, permits for electrical
installations will not be accepted by the city until such time as the additional fees
and/or fee shortages are received.
(g) Electrical inspections.
(1) At regular intervals, the electrical inspector shall visit all premises where work may be done under annual permits and shall inspect all electrical equipment installed
under such a permit since the day of his last previous inspection, and shall issue a
certificate of approval for such work as is found to be in conformity with the provisions of this section, after the fee required has been paid.
(2) When any electrical equipment is to be hidden from view by the permanent placement of parts of the building, the person installing the equipment shall notify
the electrical inspector and such equipment shall not be concealed until it has been
inspected and approved by the electrical inspector or until 24 hours, exclusive of Saturdays, Sundays and holidays, shall have elapsed from the time of such scheduled inspection; provided, that on large installations where the concealment of equipment proceeds continuously, the person installing the electrical equipment
shall give the electrical inspector due notice and inspections shall be made
periodically during the progress of the work.
(3) If upon inspection, the installation is not found to be fully in conformity with the provisions of this section, the electrical inspector shall at once forward to the person making the installation a written notice stating the defects which have been found to
exist.
(Ord. No. 11-02, § 1, 7-13-2011)
Secs. 105-115 through 105-119 - Reserved
(Ord. No. 22-01, § 2, 7-13-2022) ARTICLE VI – VACANT PROPERTIES
Sec. 105-120 - Definitions
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The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Compliance official has the meaning assigned in Sec. 105-87.
Vacant Properties means a property with a building or buildings constructed or
reconstructed for a business or residential purpose that is unoccupied. This definition
does not include an uninhabited accessory dwelling unit, unless both the accessory
dwelling unit and single-family residence are unoccupied.
(Ord. No. 22-01, § 1, 7-13-2022)
Sec. 105-121 - Policy
The purpose of this subsection is to protect the public health, safety, and
welfare by establishing a program for the identification and registration of vacant Properties
within the City.
(Ord. No. 22-01, § 1, 7-13-2022)
Sec. 105-122 - Registration required; form
(1) The owner of a vacant Property located within the City, or an agent of the owner,
shall register the property with the compliance official. The registration shall be submitted
on forms provided by the compliance official and shall include the following information supplied by theowner:
(a) Street address of the Vacant property;
(b) The names and addresses of the owner or owners;
(c) The contact phone number and email address of the owners and any property
managers or caretakers responsible for the upkeep or supervision of the property;
(d) The date the building became vacant, the period of time the building is expected
to remain vacant;
(e) A plan for compliance with all applicable provisions of City Code and other
applicable regulations, including building maintenance, snow removal, yard
maintenance, and nuisance prevention;
(f) Whether service for water, sewer, natural gas and electric utilities is active;
(g) The owner must notify the compliance official of any changes in information
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supplied as part of the vacant building registration within 30 days of any change;
(h) The addresses of all other properties within the City, whether vacant, undeveloped, or occupied, that the owner owns or has an ownership interest in;
(i) If a property is vacant and the owner fails to complete the registration process,
the City may administratively register the property.
(2) The current owner of a vacant property shall file a new registration with the
compliance official within 30 days of any of the following occurring:
(a) Any transfer of ownership interest in the property;
(b) Change of the contact phone number or email address of the owner or the
property manager or caretaker; or
(c) Change to the plan for compliance with applicable City Code provisions.
(3) The owner of a vacant property shall file a new registration every
two years. (Ord. No. 22-01, § 1, 7-13-2022)
Sec. 105-123 - Presumptions, exceptions, and fee waivers.
(1) Any one of the following conditions shall constitute a rebuttable presumption that a building is vacant. It shall be the responsibility of the owner to establish that it is not a vacant property if any of these conditions exist.
(a) Discontinuance of trash service;
(b) Disconnection from water or sewer service; or
(c) Water usage of less than an average of 50 gallons over a three-month period.
(2) Vacant Properties are not required to register or pay the registration fee if any of the following apply: (a) the City or any governmental entity is the owner of the vacant property;
(b) the owner possesses a valid building permit for remodeling the building
located thereon or for construction of a new building on such property;
(c) there is a valid, unexpired business license issued by the City;
(d) there is a valid, unexpired residential rental license issued pursuant to Article IV of Chapter 105;
(e) there is a valid development agreement or redevelopment agreement with the
City; or
(f) the property is actively marked as “for sale” at a reasonable price by the owner
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or the owner’s designee, broker, or agent. It is the obligation of the vacant Property owner to produce evidence of active marketing at a reasonable price to
claim this exemption. A property listed on the MLS (multiple listing service) or
similar listing service is presumed to be actively marketed.
(3) The following vacant Properties are required to register, but the registration fee is waived;
(a) Residential properties with one or two dwelling units where the owner
intends to resume occupancy of at least one unit as a dwelling within 180 days; provided, however, that failure to actually resume use of the vacant Property as a dwelling within 180 days will result in imposition of the waived registration fee; or
(b) The City Administrator may grant a waiver of the registration fee one
time for an owner suffering hardship and for which the registration fee is
a burden.
(Ord. No. 22-01, § 1, 7-13-2022)
Sec. 105-124 - Recordkeeping
The compliance official shall maintain a record of all vacant buildings that have
become known to the compliance official, including those registered and those not
registered.
(Ord. No. 22-01, § 1, 7-13-2022)
Sec. 105-125 - Fees
The City Council may, by fee schedule or ordinance, adopt a fee or fees for the
registration required by this article. If adopted, the fee must be limited to the
reasonable costs associated with registration, enforcement, and compliance of this
article.
(Ord. No. 22-01, § 1, 7-13-2022)
Footnotes:
1 Editor's note – Ord. No. 12-04, § 1 adopted May 23, 2012, amended Art. III in its entirety to read as set out herein. Former Art. III, §§ 105-56 – 105-63, pertained to housing code and derived from the Code of 1993, §§ 10-1.01, 10-1.02, 10-2.01 – 10-2.04.
10-3.01, 10-4.01; Ord.
No. 97-05, § 1, adopted July 9, 1997.
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2 Editor's note – Ord. No. 13-06, § 1, adopted Dec. 11, 2013, amended Art. IV in its
entirety to read as set out herein. Former Art. IV, §§ 105-86 – 105-99, pertained to
similar subject matter and derived from Ord. No. 08-04, § 1, adopted Oct. 22, 2008.
3 Editor's note – Ord. No. 11-02, § 1, adopted July 13, 2011, set out provisions intended
for use as Art. IV, §§ 105-70 – 105-74. Inasmuch as there were already provisions so designated, these provisions have been redesignated as Art. V, §§ 105-110 – 105-114, at the discretion of the editor.
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CITY OF FALCON HEIGHTS
2024 Fee Schedule
A. LICENSES
1. Business Licenses
Item Fee
Bus Benches (Courtesy) $ 50.00 per bench
Gasoline Station Operator License
Fewer than 15 hours $ 100.00
15-20 hours $ 400.00
20 hours or more $ 500.00
Municipal Business
10,000 sq. ft. or less $ 100.00
10,001 sq. ft. or more $ 200.00
Pool Hall $ 800.00
Precious Metal Dealer
Investigation fee/general $ 1,500.00
Investigation fee/MN only $ 500.00
License fee $ 2,000.00
Restaurant
Lunchroom $ 50.00
Fewer than 15 hours $ 100.00
15-20 hours $ 400.00
20 hours or more $ 500.00
Therapeutic Massage License
Investigation fee $ 350.00
License fee $ 100.00
Home Occupation License $ 50.00
Retail Grocery License $ 50.00
Holiday Tree Sales License $ 50.00
Car Wash License $ 50.00
2. Liquor Licenses
Item Fee
Bottle Club $ 300.00
Liquor, Off-Sale $ 310.00
Liquor, On-Sale $ 4,000.00
Liquor, Special Event $ 25.00
Liquor, Sunday $ 200.00
Malt Beverage, Off-Sale $ 150.00
Malt Beverage, On-Sale $ 500.00
Malt Beverage, On-Sale
(with wine license) $ 1.00
Wine License $ 2,000.00
Temporary Liquor License $ 50.00
Background Checks (per license) $ 500.00
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3. Other Licenses
Item Fee
Amusement machines (per machine) $ 30.00
Cigarette sales $ 250.00
Contractor licenses $ 35.00
Peddlers and solicitors
(For profit) $ 25.00 per individual
(Charitable) Free, but license still required
Pedicab $50.00 per pedicab
$25.00 per driver
Pool tables (per table) $ 30.00
Refuse Haulers $ 100.00
Low-Density Rental License $ 50.00/per unit
High-Density Multifamily Rental License
5-19 units per building $ 150.00
20-49 units per building $ 200.00
50-99 units per building $ 250.00
100+ units per building $ 300.00
License Re-inspection (due to initial re-inspection failure; failure to show, or
refusal to permit entry) $ 50.00 first occurrence
$75.00 second
$100 third and subsequent
B. PERMITS
1. Building permit fees:
Total Valuation Fee
$1.00 - $500.00 $29.50
$501.00 - $2,000.00 $28.00 for first $500, $3.70/each additional $100, to and
including $2000
$2,001.00 - $25,000 $83.50 for first $2000, $16.55/each additional $1000, to and
including $25,000
$25,001.00 - $50,000 $464.15 for first $25,000, $12.00/each additional $1000, to
and including $50,000
$50,001.00 - $100,000.00 $764.15 for first $50,000, $8.45/each additional $1000, to
and including $100,000.00
$100,001.00 - $500,000.00 $1,186.65 for first $100,000, $6.45/each additional $1000, to
and including $500,000
$500,001.00 - $1,000,000.00 $3,886.65 for first $500,000, $5.50/each additional $1,000,
to and including $1,000,000
$1,000,001 and up $6,636.65 for first $1,000,000, $4.50/each additional $1,000
Other Inspections and Fees:
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1. Inspections outside of normal business hours $47.00 per hour1 (minimum charge
– two hours)
2. Re-inspection fees assessed under provisions of Section 305.8 $47.00 per hour1
3. Inspections for which no fee is specifically indicated $47.00 per hour1 (minimum
charge – one-half hour)
4. Additional plan review required by changes, additions or revisions to plans
$47.00 per hour1 (minimum charge – one-half hour)
5. For use of outside consultants for plan checking and inspections, or both actual
costs2
1Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost
shall include supervision, overhead, equipment, hourly wages, and fringe benefits
of the employees involved.
2Actual costs include administrative and overhead costs.
*Building Permits are subject to the State Surcharge
2. Relocation of structure or building: $ 150.00
3. Demolition or removal of structure: $ 1.25/1,000 cubic ft.; minimum $ 50.00
4. Residential Solar Installation
Flat fee: $200
State Surcharge: $1.00
5. Mechanical permit fees
a. Residential Work
Base Fee $50.00
State Surcharge $1.00
Furnace/Boiler (warm air or hot water heating system)
$70.00 New
$40.00 Replacement
$30.00 Unit heaters
Air conditioning and refrigeration
$50.00 New
$30.00 Replacement
Other Items
$35.00 Gas line/piping
$40.00 Duct work
$45.00 Wood burning furnace per unit
$40.00 Swimming pool heater per unit
$35.00 Air exchanger with duct work per unit
$35.00 Gas or oil space heater per unit
$35.00 Gas direct vent heater per unit
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$35.00 Gas fireplace log or heater per unit
$35.00 Gas hot water heater for domestic hot water (only if replacing gas
line)
b. Commercial Work
Gas piping, refrigeration, chilled water, pneumatic control, ventilation,
exhaust, hot water, steam, and warm air heating systems.
This fee shall be $50 plus 1-1/4 percent (1.25%) of the total valuation of the
work. Value of the work must include the cost of installation, alteration,
addition, and repairs, including fans, hoods, HVAC units and heat transfer
units, and all labor and materials necessary for installation. In addition, it
shall include all material and equipment supplied by other sources when
those materials are normally supplied by the contractor.
6. Plumbing Permit Fees
$35.00 base fee plus $10.00 per fixture installed, $ 1.00 state surcharge
7. Right of Way Permit Fees
Item Fee
Registration fee $ 25.00
Hole $400.00
Trench $400.00 + $40.00 per
100 lineal feet or portion thereof
Boring $400.00 + $ 40.00 per
100 lineal feet or portion thereof
Obstruction $50.00 + $ 0.20 per lineal foot
Small Cell Wireless
Permit fee $ 100.00
Rent on City structure $ 150.00 per year
Maintenance for colocation $ 25.00 per year
Monthly electrical services
Radio node less than 100 watts $ 73.00 per month
Radio node over 100 watts $ 182.00 per month
8. Sewer Connection or Repair $ 50.00
9. Water Connection
Meter Size Fee
3/4" $ 62.00
1" $ 115.00
1-1/2" $ 265.00
2" $ 470.00
3" $ 1,080.00
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10. Street Opening Fee $ 25.00 (plus cost of permit)
11. Zoning Permit
Item Fee
Fence $50.00
Temporary Sign $50.00
Permanent Sign (each) $ 50.00
Residential driveway $ 40.00
Commercial driveway Subject to Building Permit Fees
12. Mobile Storage Structure/Dumpster Permit
Location Fee
On private property
14 days $ 10.00
30 days $ 20.00
On public street
72 hours $ 10.00
(Permits may be renewed once in a 90 calendar-day period)
13. Chicken Permit (first time and subsequent applications) $ 50.00
14. Beekeeping Permit (first time and subsequent applications) $50.00
C. PLANNING FEES*
Item Fee
Comprehensive Plan Amendment $ 500.00
Conditional Use Permit $ 500.00
Design Review
(when required by code) $ 50.00
Lot Split (one lot into two) $ 500.00
Planned Unit Development $ 500.00
Rezoning/Zoning Amendment $ 500.00
Subdivision (>1 new lot) $ 500.00 + $ 100.00/lot created
Variance $ 500.00
Tax Increment Finance (TIF)
Application Fee $5,000.00 Non-Refundable
Escrow $10,000.00
*Fee plus actual cost billed by contractors or city consultant fees.
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D. FACILITY RENTAL FEES
Private use of public facilities is permitted on a space available basis. Reservations and damage deposits are
required for private use of the following community facilities. Discounted rates are available for weekly
bookings:
Park Facility Rental Amenities & Fees
Rental Fees
Facility Amenities available Half Day 9am-3pm / 4pm-10pm Full Day 9am-10pm
Community Park Building & Upper Picnic Area
(2050 Roselawn Ave; corner of Roselawn and Cleveland)
Park building Full kitchen (stove, oven, refrigerator/freezer, sink, microwave) Tables & chairs Inside bathrooms 2 BBQ grills 9 Outdoor picnic tables Parking lot (50 vehicle capacity) plus off-street parking
Not Available $150 + tax
East Picnic Area (near playground)
2 Picnic tables Trash receptacles Portable toilet Parking lot (50 vehicle capacity) plus off-street parking
$20 + tax $35 + tax
Lower Picnic Area (Southwest corner of park)
2 Picnic tables 1 BBQ grill Trash receptacles Portable toilet Parking lot (50 vehicle capacity) plus off-street parking
$20 + tax $35 + tax
Play Kit Rental Includes variety of balls, Frisbees, and other play equipment $15 + tax
Set up/Tear Down $25
Disclaimers:
• A damage deposit ($200-400, or as determined by the City Administrator) is required for park facility rentals. The deposit must be made in a separate form from the payment and will be
refunded upon return of facility key and inspection of the facilities.
• Nonprofit organizations must provide a copy of a Tax Exempt form (MN Dept. of Rev, IRS, W9
or MN Dept. of Taxation)
• Key pick up must be arranged two (2) days prior to scheduled event. Keys may be picked up at City Hall.
o Regular business hours: Monday –Friday 8:00am-4:30pm o Summer hours (Memorial Day-Labor Day): 7:30am- 5:00pm Monday-Thursday, Friday
7:30am-noon
• Keys can be returned during business hours to City Hall. After hours drop-off is available via the drop box outside the main entrance.
• Rental permits will be issued once payment is received. Staff cannot reserve the facility without
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payment.
• If you plan on bringing any outside equipment (i.e. inflatable devices, dunk tanks etc.) into the park, you must disclose this to a city employee during the reservation process. The City may require documentation such as a hold harmless agreement or certificate of insurance naming the
City has an additional insured.
City Hall Facility Rental Fees
Rental Fees
Capacity 3 hours Half Day 9am-3pm/4pm-10pm Full Day 8am-10pm
Council Chambers Full room (includes kitchen facility)
150 75 Seated $125.00 + tax $200.00 + tax $275.00 + tax
Partial Council Chambers (Front or Back Half)
75 30 Seated $60.00 + tax $115.00 + tax $175.00 + tax
Kitchen Facility 10
6 Seated $30.00 + tax $60.00 + tax $75.00 + tax
Conference Room 8 maximum $35.00 + tax $70.00 + tax $125.00 + tax
Set Up Fee (government entities exempt) $30.00
Disclaimers:
• A $200 refundable damage deposit is required for City Hall rentals. The deposit must be made in
a separate form from the payment and will be refunded upon return of facility key and inspection of the facilities.
• Nonprofit organizations must provide a copy of a Tax Exempt form (MN Dept. of Rev, IRS, W9 or MN Dept. of Taxation)
• Key pick up must be arranged two (2) days prior to scheduled event. Keys may be picked up at City Hall. o Regular business hours: Monday –Friday 8:00am-4:30pm o Summer hours (Memorial Day-Labor Day): 7:30am- 5:00pm Monday-Thursday, Friday 7:30am-noon.
• Keys can be returned during business hours to City Hall. After hours drop-off is available via the drop box outside the main entrance.
• Rental permits will be issued once payment is received. Staff cannot reserve the facility without payment.
• City Hall cannot be rented for private social gatherings.
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Field/Court/Rink Rental Fees
Discounted rates are available for Multi-day bookings (see below)
Single Day Use Multi-day Use (weekly fee)
Individual/Group type 3 hour block Additional hours Resident $20 + tax $10/hour + tax -
Non-resident $30 + tax $10/hour + tax -
Youth organizations (must be open to youth aged 2-18 in Falcon Heights) $20 + tax $10/hour + tax
2 days/week: $35 3 days/week: $50 4 days/week: $65 5 days/week: $80 6+ days/week: $100
Adult organizations $30 + tax $10/hour + tax
2 days/week: $40 3 days/week: $55 4 days/week: $70
5 days/week: $85 6+ days/week: $105
Disclaimers:
• Fees apply only for games and practices. Tournaments or special events/services are subject to additional fees.
• Field/Court/Rink use permits will be issued when payment and application are received.
• All short term rentals (1-5 times) entitle the customer to use of the field as is; anything additional will be the customer’s responsibility (i.e. striping the field or providing bases.)
• Special request of services will be dealt with on a case by case basis and may include extra fees. All requests should be discussed with the Parks and Recreation Department at 651-792-7617.
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E. FACILITY USE BY PUBLIC SERVICE ORGANIZATIONS
1. Public facilities are available for use on a reservation basis.
2. The following shall be allowed use of public facilities but set up/tear down fees apply:
a. Specifically listed local organizations:
• League of Women Voters
• Senior Citizen Groups (Falconeers, Roseville Area Seniors)
• Ramsey County League of Local Governments
• League of Minnesota Cities/Association of Metropolitan Municipalities
• Watershed management organizations
• Scouts, Brownie Troops, 4-H, Campfire
• Neighborhood Groups (e.g. Grove Association, Maple Knoll Courtyard
Homeowner’s Association)
• 55 Alive Mature Driving Class
• Cable Commission
• Developers when presenting to neighbors
• Legislators for informational (non-campaign) meetings, except after the filing
date and before the November election of a legislative election year unless
requested by a majority of the city council
• Northeast Youth and Family Service
• Lauderdale and Falcon Heights Lions Club
• Roseville Rotary Club
• Party Precinct caucuses, legislated district conventions and county conventions
under the requirements of MN State Statute 202A.192
• AARP Tax Services
• Hobby groups or clubs that meet the following criteria:
o Falcon Heights based (A minimum of 25% of on-going members or
participants are Falcon Heights residents).
o Non-profit
o Open membership
o Founded on a hobby
o Actively reaches out to include people of different ages, especially youth,
to encourage intergenerational exchanges of information
o Encourages a community service and/or benefit component
• Falcon Heights neighborhood or community groups whose activities are open to
all and for the sole purpose of developing, fostering and strengthening
neighborhood and community well-being.
b. Any organization that meets the above guidelines yet uses a facility more than twice
a year shall be charged $100 per year.
c. The organization or group cannot be a private, business, political, or religious
organization.
d. Any organization denied free use under this policy as defined in this section may
appeal to the city council.
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F. MISCELLANEOUS FEES
Item Fee
Agendas (City Council or Commissions) 1 $ 15.00/year
City Council Minutes1 $ 35.00/year
Commission Minutes1 $ 20.00/year
New Resident Handbook $1.00 printing fee
Single copies $ 0.25 + tax/page for first 100 pages
Assessment search $ 20.00
Maps $ 6.50
Open burning permit $ 25.00
(no charge for recreational fires)
Returned Check Fee $ 25.00
Credit/Debitcard convenience fee 2.95% per transaction
The charges apply only when hard copies are mailed. These documents can be viewed free of charge
on the website or at City Hall.
G. FALSE ALARM FEES
1. Fire False Alarms (at an address or property within one calendar year)
$ 0 for first false alarm
$ 175 for second false alarm
$ 300 for third false alarm
$ 400 for fourth false alarm
$ 500 for fifth and subsequent false alarm
2. Security False Alarms (at an address or property within one calendar year)
$ 0 for first false alarm
$ 60 for second false alarm
$ 100 for third false alarm
$ 200 for fourth false alarm
$ 300 for fifth false alarm
$ 400 for sixth false alarm
$ 500 for seventh and subsequent false alarm
3. Penalties and Assessment
Penalties for late payment and assessment of unpaid fees are the same as
stipulated for unpaid utility fees in the city code.
H. VEHICLE EMERGENCY RESPONSE
The fee for emergency personnel response to accidents is $350.00/vehicle.
I. PARKING FEES
Item Fee
Application fee to designate “residential area” permit parking $ 200.00
Annual residential area parking permits
First two vehicles $ 15.00/vehicle
Third and subsequent vehicles $ 25.00/vehicle
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Lost permit replacement $ 5.00
Temporary parking permit (up to 3 weeks) $ 3.00/vehicle
Temporary parking permit for 5 or more vehicles for
a one-time/one-day event $ 25.00
Parking fine
September 16th – August 14th $50.00/violation
August 15th – September 15th $100.00/violation
J. SANITARY SEWER
The sanitary sewer fee for residential units is $37.75 per quarter plus $0.0247784 per cubic foot
of water usage during the months of November – January. For apartment units, the rate will
be $37.75/unit/quarter plus $0.0247784 per cubic foot of water used in November. For
residential units, this will serve as the maximum fee for other quarters throughout the year,
but the actual amount billed may be lower depending on water usage. For commercial units,
the fee is $0.0247784 per cubic foot of water usage during each month.
K. STORM DRAINAGE
The fee for storm drainage is $28.50 per quarter for residential units and $261.58 per acre for
commercial and apartment units.
L. HYDRANT WATER
The fee for hydrant water is 6% surcharge of the water bill.
M. RECYCLING
The recycling charge is $14.25 per quarter for residential units.
N. STREET LIGHTING
The street lighting fee is $6.00 per quarter for residential units and $0.02 per lineal foot
frontage for commercial properties monthly.
O. FEES FOR UNSPECIFIED REQUESTS
A private party or public institution (hereinafter applicant) making a request to the
City for approval of a project or for public assistance must cover the City's consultants'
costs associated with reviewing the request. Prior to having the request considered by
the City, the applicant must deposit an escrow fee in an amount that is estimated to
cover the City's consultants' costs as determined by the City Administrator. If the
City's consultants' costs exceed the initial escrow deposited by the applicant, an
additional escrow fee will be required to cover the additional costs. The City shall use
the applicant's fees to cover the City's actual consultants' costs in reviewing the request
regardless of the City's action on the applicant's request. If the applicant's escrow fees
exceed the City's actual consultants' costs for reviewing the request, the remaining
escrow fees shall be refunded to the applicant.
P. SNOW AND ICE REMOVAL
Cost of abatement1.
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1This cost shall include supervision, overhead, equipment, hourly wages, and
fringe benefits of the employees involved.
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