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HomeMy WebLinkAboutCC PACKET 10222024CITY OF SAINT ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA Tuesday, October 22, 2024 at 7:00PM Members of the public who wish to attend the meeting may do so in person. Call To Order. Pledge Of Allegiance. Roll Call. Approval Of Agenda. Proclamations And Recognitions. Consent Agenda. Approval Of CC Meeting Minutes CC 10 -08 -2024.PDF License And Permits LICENSEANDPERMITS .PDF Claims 10 -22 -2024.PDF Resolution 24 -070 - Accepting Donations And Grants For Quarter 3 In 2024 RESOLUTION 24 -070.PDF Resolution 24 -073 ICPOET Grant ICPOET GRANT AGREEMENT.PDF RESOLUTION 24 -073.PDF Public Hearing. Reports From Commission And Staff. This Portion Of The Meeting May Be Closed Pursuant To Minnesota Statutes Section 13D.05, Subdivision 3(B) To Discuss Attorney -Client Privileged Information Regarding A Threat Of Litigation Concerning 2401 Lowry Avenue NE PUD Amendment - 2401 Lowry Ave NE Steve Grittman, City Planner, presenting. COVER MEMO 10222024.PDF RESOLUTION 24 -063 (2).PDF RESOLUTION 24 -069.PDF APPLICATION AMENDMENT NARRATIVE - 7 -1 -24.PDF SITE PLAN PROPOSED_LANDSCAPED - 7 -1 -24.PDF TIBYAN CENTER PRESENTATION.PDF ORIGINAL APPLICATION AND SUPPORTING DOCUMENTS.PDF COVER MEMOS CC MTG 09242024.PDF General Business Of Council. Ordinance 2024 -05 - Amending Section 154.188 Of The St. Anthony City Code Regulating Cannabis Businesses Steve Grittman, City Planner, presenting. COVER MEMO.PDF ORDINANCE 2024 -05 REDLINED.PDF ORDINANCE 2024 -05.PDF Resolution 24 -071 - Approving Summary Publication For Ordinance 2024 -05 Charlie Yunker, City Manager, presenting. RESOLUTION 24 -071.PDF Resolution 24 -072 - Police Contract Charlie Yunker, City Manager, presenting. COVER MEMO.PDF ST. ANTHONY VILLAGE POLICING CONTRACT - 102224.PDF DRAFT CONTRACT WITH SAV 101724.PDF RESOLUTION 24 -072.PDF Reports From City Manager And Council Members. Community Forum Individuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk ’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. Those unable to attend the meeting in person may submit comments via the City's PUBLIC COMMENTS FORM . Public Comment -2401 Lowry PUBLIC COMMENT RESOLUTION 24 -063.PDF Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3314 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to promote a high quality of life to those we serve through outstanding city services. I. II. III. IV. V. VI. A. Documents: B. Documents: C. Documents: D. Documents: E. Documents: VII. VIII. A. B. Documents: IX. A. Documents: B. Documents: C. Documents: X. XI. A. Documents: XII. A. Documents: XIII. CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, October 22, 2024 at 7:00PMMembers of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Consent Agenda.Approval Of CC Meeting MinutesCC 10 -08 -2024.PDFLicense And PermitsLICENSEANDPERMITS .PDFClaims10-22 -2024.PDFResolution 24 -070 - Accepting Donations And Grants For Quarter 3 In 2024RESOLUTION 24 -070.PDFResolution 24 -073 ICPOET Grant ICPOET GRANT AGREEMENT.PDF RESOLUTION 24 -073.PDF Public Hearing. Reports From Commission And Staff. This Portion Of The Meeting May Be Closed Pursuant To Minnesota Statutes Section 13D.05, Subdivision 3(B) To Discuss Attorney -Client Privileged Information Regarding A Threat Of Litigation Concerning 2401 Lowry Avenue NE PUD Amendment - 2401 Lowry Ave NE Steve Grittman, City Planner, presenting. COVER MEMO 10222024.PDF RESOLUTION 24 -063 (2).PDF RESOLUTION 24 -069.PDF APPLICATION AMENDMENT NARRATIVE - 7 -1 -24.PDF SITE PLAN PROPOSED_LANDSCAPED - 7 -1 -24.PDF TIBYAN CENTER PRESENTATION.PDF ORIGINAL APPLICATION AND SUPPORTING DOCUMENTS.PDF COVER MEMOS CC MTG 09242024.PDF General Business Of Council. Ordinance 2024 -05 - Amending Section 154.188 Of The St. Anthony City Code Regulating Cannabis Businesses Steve Grittman, City Planner, presenting. COVER MEMO.PDF ORDINANCE 2024 -05 REDLINED.PDF ORDINANCE 2024 -05.PDF Resolution 24 -071 - Approving Summary Publication For Ordinance 2024 -05 Charlie Yunker, City Manager, presenting. RESOLUTION 24 -071.PDF Resolution 24 -072 - Police Contract Charlie Yunker, City Manager, presenting. COVER MEMO.PDF ST. ANTHONY VILLAGE POLICING CONTRACT - 102224.PDF DRAFT CONTRACT WITH SAV 101724.PDF RESOLUTION 24 -072.PDF Reports From City Manager And Council Members. Community Forum Individuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk ’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. Those unable to attend the meeting in person may submit comments via the City's PUBLIC COMMENTS FORM . Public Comment -2401 Lowry PUBLIC COMMENT RESOLUTION 24 -063.PDF Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3314 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to promote a high quality of life to those we serve through outstanding city services. I.II.III.IV.V.VI.A.Documents:B.Documents:C.Documents:D.Documents:E.Documents: VII. VIII. A. B. Documents: IX. A. Documents: B. Documents: C. Documents: X. XI. A. Documents: XII. A. Documents: XIII. CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, October 22, 2024 at 7:00PMMembers of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Consent Agenda.Approval Of CC Meeting MinutesCC 10 -08 -2024.PDFLicense And PermitsLICENSEANDPERMITS .PDFClaims10-22 -2024.PDFResolution 24 -070 - Accepting Donations And Grants For Quarter 3 In 2024RESOLUTION 24 -070.PDFResolution 24 -073 ICPOET GrantICPOET GRANT AGREEMENT.PDFRESOLUTION 24 -073.PDFPublic Hearing.Reports From Commission And Staff.This Portion Of The Meeting May Be Closed Pursuant To Minnesota Statutes Section 13D.05, Subdivision 3(B) To Discuss Attorney -Client Privileged Information Regarding A Threat Of Litigation Concerning 2401 Lowry Avenue NEPUD Amendment - 2401 Lowry Ave NESteve Grittman, City Planner, presenting.COVER MEMO 10222024.PDFRESOLUTION 24 -063 (2).PDFRESOLUTION 24 -069.PDFAPPLICATION AMENDMENT NARRATIVE - 7 -1 -24.PDFSITE PLAN PROPOSED_LANDSCAPED - 7 -1 -24.PDFTIBYAN CENTER PRESENTATION.PDFORIGINAL APPLICATION AND SUPPORTING DOCUMENTS.PDFCOVER MEMOS CC MTG 09242024.PDFGeneral Business Of Council.Ordinance 2024 -05 - Amending Section 154.188 Of The St. Anthony City Code Regulating Cannabis BusinessesSteve Grittman, City Planner, presenting.COVER MEMO.PDFORDINANCE 2024 -05 REDLINED.PDFORDINANCE 2024 -05.PDFResolution 24 -071 - Approving Summary Publication For Ordinance 2024 -05Charlie Yunker, City Manager, presenting.RESOLUTION 24 -071.PDFResolution 24 -072 - Police ContractCharlie Yunker, City Manager, presenting.COVER MEMO.PDFST. ANTHONY VILLAGE POLICING CONTRACT - 102224.PDFDRAFT CONTRACT WITH SAV 101724.PDFRESOLUTION 24 -072.PDFReports From City Manager And Council Members. Community Forum Individuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk ’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. Those unable to attend the meeting in person may submit comments via the City's PUBLIC COMMENTS FORM . Public Comment -2401 Lowry PUBLIC COMMENT RESOLUTION 24 -063.PDF Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3314 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to promote a high quality of life to those we serve through outstanding city services. I.II.III.IV.V.VI.A.Documents:B.Documents:C.Documents:D.Documents:E.Documents:VII.VIII.A.B.Documents:IX.A.Documents:B.Documents:C.Documents:X. XI. A. Documents: XII. A. Documents: XIII. 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 OCTOBER 8, 2024 4 I.5 CALL TO ORDER. 6 7 Mayor Wendy Webster called the meeting to order at 7:00 p.m. 8 II.9 PLEDGE OF ALLEGIANCE. 10 11 Mayor Wendy Webster invited the Council and audience to join her in the Pledge of Allegiance. 12 III.13 ROLL CALL. 14 15 Present: Mayor Webster, Councilmembers Doolan, Elnagdy, Jenson and Randle. 16 17 Absent:None. 18 19 Also Present:City Manager Charlie Yunker and City Planner Steve Grittman. 20 21 22 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE 23 FOLLOWING ITEMS. 24 IV.25 APPROVAL OF OCTOBER 8, 2024 CITY COUNCIL MEETING AGENDA. 26 27 Motion by Councilmember Doolan, seconded by Councilmember Randle, to approve the City 28 Council Meeting Agenda of October 8, 2024, as revised moving PUD Amendment – 2401 29 Lowry Avenue NE item to the October 22, 2024 Meeting. 30 31 Motion carried 5-0. 32 33 V.PROCLAMATIONS AND RECOGNITIONS - NONE. 34 35 VI.CONSENT AGENDA. 36 37 A.Approve September 24, 2024, Council Meeting Minutes. 38 B.License and Permits. 39 C.Claims. 40 D.Resolution 24-064 – Certifying Special Assessments for Delinquent Waste Hauler 41 Accounts to the 2025 Hennepin County Tax Rolls. 42 E.Resolution 24-065 – Certifying Special Assessments for Delinquent Waste Hauler 43 Accounts to the 2025 Ramsey County Tax Rolls. 44 F.Resolution 24-066 – Certifying Special Assessments for Delinquent Public Utility 45 Service Accounts to the 2025 Hennepin County Tax Rolls. 46 G.Resolution 24-067 – Certifying Special Assessments for Delinquent Public Utility 47 Service Accounts to the 2025 Ramsey County Tax Rolls. City Council Regular Meeting Minutes October 8, 2024 Page 2 1 H.Resolution 24-068 – Approving the Agreement with Ramsey County for the Maintenance 2 and Operation of Certain Traffic Control Signal Systems Within the City of St. Anthony 3 Village. 4 5 Motion by Councilmember Randle, seconded by Councilmember Jenson, to approve the Consent 6 Agenda items. 7 8 Motion carried 5-0. 9 10 VII.PUBLIC HEARING - NONE. 11 12 VIII.REPORTS FROM COMMISSION AND STAFF. 13 A.14 Ordinance 2024-05 – Amending Section 154.188 of the St. Anthony City Code 15 Regulating Cannabis Businesses – 2nd Reading. 16 17 City Planner Steve Grittman reviewed the City Council considered the initial draft of a cannabis 18 regulation ordinance as a first reading on September 10, 2024. At that first reading, the Council 19 discussed a number of alternatives that, under the legislation, the City has some discretion to 20 consider. The discussion resulted in the following edits to the first reading, which are now 21 reflected in the draft ordinance. These updates are summarized as follows: 22 23 Subp. (H): The language was edited to select the option to waive a re-registration fee for licensed 24 cannabis businesses that are moving from one legal location in the City to another legal location. 25 26 Subp (L): Although not discussed in detail, staff updated this language to improve the method of 27 measurement for the prescribed buffer distances between cannabis facilities and affected land 28 uses. 29 30 Subp (N): Language was inserted to specify that the City would permit hours of operation at the 31 State law’s maximum hours, as the consensus of the City Council was to leave this language as 32 written from the law, although several other options were tested in discussion. 33 34 Subp (P)(1)(d)5: This highlight does not reflect a change from prior language but confirms the 35 Councils direction that Cannabis Events would have to abide by the same locational 36 requirements as “brick and mortar” stores for purposes of zoning and buffers from other uses. 37 38 Subp (P)(2): The Council discussed issues of enforcement and the likely nature of Temporary 39 Cannabis Events and suggested that while smoking of products could be a nuisance, other 40 ingestible products such as edibles or infused beverages would not carry the same threat of 41 nuisance. As such, the language prohibits “smoking” of cannabis products at a licensed event. 42 43 Subp (3): An internal City Code reference is added here. 44 45 Subp(P)(5) and (6): The Council agreed that these optional limitations on Cannabis Event 46 locations or hours were not necessary given other restrictions in the City’s regulations. City Council Regular Meeting Minutes October 8, 2024 Page 3 1 2 Council observed the use of the terms “license” and “registration” often coupled with process or 3 fee requirements throughout the ordinance. In rechecking the draft ordinance, the “license” term 4 is intended to be used in the context of the State’s licensing function for business enterprises 5 through the Office of Cannabis Management, while the “registration” term is the local City-level 6 review. Fees for the City’s licensing role are capped in the statute. 7 8 It is expected that OCM will provide a “pre-application” process to potential licensees, who will 9 then be tasked with seeking local registration approval. The city’s registration will be comprised 10 primarily of checking zoning compliance with the requirements imposed in this ordinance, as 11 well as confirmation that building and fire codes will be reviewed for compliance. The City will 12 have 30 days to report back to OCM on approval or denial of a local registration request, along 13 with the reasons for any denial. OCM will then complete the licensing process with the 14 applicant. 15 16 Council is requested to reviewed and approve the draft ordinance regulating cannabis business as 17 a second reading. The Planning Commission recommended approval of the general regulations 18 with comment, and the City Council incorporated many of those comments in its discussion of 19 the first reading. With any further requested edits of the various sections, staff requests approval 20 of the second reading of this ordinance. 21 22 Councilmember Elnagdy referred to Subp L asked about measurement and Mr. Grittman stated it 23 would be measured door to door on public property. She referred to Subp I edit there is #1 and 24 then #3. She asked about the events and permits and whether an applicant can reapply for a 25 cannabis event if it is denied and does not meet the requirements. Mr. Grittman stated the 26 Council would decide if the application could be edited or if they would need to start the 27 application over. 28 29 Mayor Webster stated we currently have an event application and would cannabis events be part 30 of that. Staff would work with the applicant to make sure the application is complete prior to it 31 coming to City Council. 32 33 Councilmember Doolan referred to Subp L asking about the distance and whether that is only 34 within St. Anthony. Mr. Grittman stated the buffers are within our City limits. Councilmember 35 Doolan asked about number 3 page 45 of packet. She asked if taprooms are allowed only in 36 Industrial zoning. Mr. Grittman stated retail uses would not be allowed in an industrial district. 37 The brewer/taprooms are allowed in the commercial zoning. Councilmember Doolan referred to 38 the infused products and are those allowed in a liquor or tobacco license. Mr. Grittman stated it 39 is the same product under the hemp/thc statute and the City adopted. The State has now changed 40 the language, and they are now called low potency products. A liquor or tobacco license are 41 required to sell the infused products. Mayor Webster stated they would have to get their license 42 through the State. 43 44 Mayor Webster stated the next step is to bring a third reading to Council for consideration and 45 this would be the final reading with some additional edits. 46 City Council Regular Meeting Minutes October 8, 2024 Page 4 1 2 Motion by Councilmember Elnagdy, seconded by Councilmember Jenson, to approve Second 3 Reading of Ordinance 2024-05 – Amending Section 154.188 of the St. Anthony City Code 4 Regulating Cannabis Businesses. 5 6 Motion carried4-1(Randle). 7 8 IX.GENERAL BUSINESS OF COUNCIL. 9 A.10 PUD Amendment – 2401 Lowry Avenue NE. 11 12 This item has been moved to the October 22, 2024, City Council Meeting Agenda. 13 B.14 Captive Energy Solutions Tune Energy Saving Equipment. 15 16 City Manager Yunker reviewed in the latter part of 2023, information was given to staff 17 regarding energy-saving equipment that may be of benefit to the City in reducing consumption 18 and costs. It is a passive filter that is installed on electric panels to reduce the harmonics of the 19 electrical system to reduce the amount of energy needed, and the wear and tear on equipment. 20 21 Being that this is new and somewhat untested technology, staff agreed to perform a test at no 22 cost to the City and chose the Silver Lake Village Liquor Store for the test site. Energy savings 23 were identified, and the results were analyzed by Captive Energy Solutions. The results are 24 summarized in the presentation, and results from another City are also included to demonstrate 25 the consistent results in other facilities. 26 27 The cost of the equipment is about $1,500 - $1,800 per electrical panel, depending on the type of 28 panel. The City has 41 electrical panels throughout the various facilities. This is a relatively low- 29 cost approach for furthering the City’s efforts to reduce energy consumption and presents no 30 operational risk for downtime from an equipment failure given the manner of installation. 31 There is a familial relationship between the company and a City Council member. Therefore, 32 staff considered it necessary that this be brought to a meeting for disclosure before purchasing 33 any equipment. 34 35 A representative from Captive Energy Solutions appeared before the Council. He reviewed the 36 Tune Energy Saving Equipment. He reviewed the results of the Pilot test at the Silver Lake 37 Village Liquor Store. The Pilot was a success. A PowerPoint presentation was provided for 38 Council review summarizing what Tune offers. The data collected from the utility bill provided 39 for the St. Anthony Wine & Spirits located tested for January, February, and March was 40 $1,674.12. They averaged 25% of savings. It was noted there is a conflict of interest with a 41 Councilmember for this equipment which is why it is brought to Council for consideration. 42 Councilmember Jenson stated he will not vote on this matter. There are two different products 43 Tune Light and Tune Commercial. 44 45 Councilmember Elnagdy asked if the Liquor Store tested the Tune Commercial and Mr. Jenson 46 stated they were the 480 panels. The typical payback is a 10-18 month period. City Council Regular Meeting Minutes October 8, 2024 Page 5 1 2 Councilmember Doolan stated the product looks great and would be an affordable way to get 3 some energy savings. For the 41 panels the City can look at which buildings have the greatest 4 draw. She asked if there is any performance difference when the panels are subject to outside 5 conditions. Mr. Jenson does not believe there is any difference. Councilmember Doolan asked if 6 they have experience putting these panels into homes. Mr. Jenson stated it would work great in a 7 home but the payback period is longer. Solar panels will convert from DC to AC. 8 9 Mayor Webster stated it was helpful to see the results of the Test at the Liquor Store. She asked 10 if the liquor stores have gas or electric heat. Mr. Jenson stated the heat is gas. Mr. Yunker stated 11 Staff has not determined if 41 panels would be ordered. The purpose of the motion is to address 12 the conflict of interest with a Councilmember. 13 14 Councilmember Doolan asked if there are competitive products and how this device compares to 15 the competitors. Mr. Jenson stated other devices operate with a harmonic filter. This solution is 16 different from any other products. 17 18 Councilmember Randle stated this does not feel right for him with the conflict of interest. 19 20 Councilmember Doolan stated in looking at the tool this is a very inexpensive simple tool that 21 will not cost the City a lot of money. 22 23 Councilmember Elnagdy agreed with Councilmember Doolan. 24 25 Motion by Councilmember Doolan, seconded by Councilmember Elnagdy, to approve Staff 26 proceeding with the purchase of equipment from Captive Energy Solutions for Tune Energy 27 Saving Equipment for City facilities. 28 29 Motion carried 3-1(Randle) – 1(Jenson abstained). 30 31 X.REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 32 33 City Manager Yunker stated the Fix-It Clinic will be held October 12, 10:00 a.m. – 2:00 p.m. at 34 City Hall. Applications are open to serve on Commissions and the deadline to apply is November 35 12, 2024. 36 37 Councilmember Randle had no report. 38 39 Councilmember Doolan stated on September 26 she attended the Minnesota Cities Climate 40 Coalition. On September 29 she attended a League of Women Voters Registration Event. On 41 September 30 she attended the candidate forum for MN Rep 39B. She attended the Fire 42 Department Open House last Saturday. She attended the Senior Luncheon on October 7, 2024. 43 On October 7 she also attended the Unstoppable Us book review at the library. 44 45 Councilmember Jenson stated on September 25, he attended a board of directors meeting for 46 Northeast Youth and Family Services. City Council Regular Meeting Minutes October 8, 2024 Page 6 1 2 Councilmember Elnagdy stated this Thursday she and Councilmember Doolan will be attending 3 a Girl Scout Troop Meeting. 4 5 Mayor Webster stated on September 13, she prepared a letter for the group that went to Salo. On 6 October 1 she and City Manager Yunker attended a meeting hosted by Congresswoman Omar. 7 On October 2, she was interviewed by Skylar a student that lives in St. Anthony. She also 8 attended the Fire Department Open House on October 5. 9 10 XI.COMMUNITY FORUM – NONE. 11 12 XII.INFORMATION AND ANNOUNCEMENTS. 13 14 Councilmember Doolan stated on October 9, the Village Gardeners will be hosting an event on 15 how to grow big pumpkins. On October 23, from 7:00 – 9:00 p.m. at Village Pub the Chamber of 16 Commerce will be holding a Networking Event. 17 18 Mayor Webster announced a long-term resident and owner of Tracy Printer, Joe Mezzenga, 19 passed away. 20 21 XIII. ADJOURNMENT. 22 23 Mayor Webster adjourned the meeting at 8:12 p.m. 24 25 26 Respectfully submitted, 27 Debbie Wolfe 28 TimeSaver Off Site Secretarial, Inc. 29 30 Mayor 31 ATTEST: 32 City Clerk 33 Saint Anthony Village DATE: October 22, 2024 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors License Mill City Concrete and Masonry Inc. Minneapolis, MN Mechanical Contractors License Michels Utility Services, Inc. Brownsville, WI Residential Rental Licenses Applicant:Eugene Tomas Location:4029 Penrod Ln NE Applicant:Marty Morgan Location:4104/4106 Silver Lake Rd. NE Special Event Beer Permit Applicant: Thomas Brever/Kiwanis Location:Community Center City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 10/9/2024 - 10/22/2024 Oct 17, 2024 11:56AM Vendor Number Payee Check Issue Date Amount 11792 INTERNATIONAL UNION LOCAL #49 10/11/2024 420.00 11793 LAW ENFORCEMENT LABOR SERVICES 10/11/2024 1,128.00 10002 LOCAL UNION IAFF #3486 10/11/2024 400.08 10710 MISSION SQUARE 10/11/2024 1,290.00 2048 4815 EXCELSIOR LLC 10/22/2024 1,190.00 1118 56 BREWING 10/22/2024 964.00 10039 AIRGAS USA LLC 10/22/2024 128.51 1100 ARTISIAN BEER COMPANY 10/22/2024 8,980.25 12180 ARVIG CONSTRUCTION 10/22/2024 357.78 10115 ASPEN MILLS 10/22/2024 365.87 13414 ASSA ABLOY ENTRANCE SYSTEMS US INC. 10/22/2024 531.16 12881 BEAUDRY OIL & PROPANE 10/22/2024 6,208.62 1013 BELLBOY CORPORATION 10/22/2024 2,800.50 1014 BELLBOY CORPORATION 10/22/2024 35.55 13413 BELLINGER, THERESA 10/22/2024 101.00 10175 BLAINE LOCK & SAFE INC. 10/22/2024 129.00 10185 BOUND TREE MEDICAL LLC 10/22/2024 118.57 13092 BOYER FORD TRUCKS INC 10/22/2024 35,000.00 10191 BRAZIL, KIM 10/22/2024 109.27 1018 BREAKTHRU BEVERAGE MINNESOTA BEER LLC 10/22/2024 19,586.60 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS LL 10/22/2024 20,304.59 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS LL 10/22/2024 1,374.45 2014 BROKEN CLOCK BREWING 10/22/2024 465.00 10218 BUREAU OF CRIM. APPREHENSION 10/22/2024 2,040.00 1017 CAPITOL BEVERAGE SALES 10/22/2024 20,424.58 10252 CENTERPOINT ENERGY 10/22/2024 1,742.86 10263 CENTURYLINK 10/22/2024 839.33 10276 CITY OF COLUMBIA HEIGHTS 10/22/2024 80.09 10290 CITY OF NEW BRIGHTON 10/22/2024 165.00 1010 CLEAR RIVER BEVERAGE COMPANY 10/22/2024 1,802.95 13121 CLEARWAY COMMUNITY SOLAR LLC 10/22/2024 1,093.27 1042 CRYSTAL SPRINGS ICE 10/22/2024 536.56 10375 DALCO 10/22/2024 439.09 2049 Dangerous Man Brewing Co. 10/22/2024 693.26 12209 DASH MEDICAL GLOVES 10/22/2024 152.84 10461 EHLERS & ASSOCIATES, INC. 10/22/2024 1,296.25 10473 EMERGENCY APPARATUS 10/22/2024 366.88 2036 FALLING KNIFE BREWING CO 10/22/2024 1,334.00 10526 FLEETPRIDE 10/22/2024 266.03 13177 FRA-DOR INC 10/22/2024 78.14 13412 GERALD MAGEE 10/22/2024 92.25 1021 GREAT LAKES COCA COLA 10/22/2024 677.37 10601 GROVE NURSERY 10/22/2024 554.00 10624 HAWKINS INC 10/22/2024 40.00 10652 HENNEPIN COUNTY ACCOUNTS RECEIVABLE 10/22/2024 450.00 10661 HENNEPIN COUNTY TREASURER 10/22/2024 3,785.87 12711 HENNEPIN HEALTHCARE 10/22/2024 2,372.50 1019 HOHENSTEIN'S INC 10/22/2024 12,229.90 10684 HOME DEPOT CREDIT SERVICES 10/22/2024 508.32 2013 INBOUND BREWCO 10/22/2024 573.83 2044 INSIGHT BREWING COMPANY 10/22/2024 3,503.77 10733 INSTRUMENTAL RESEARCH, INC. 10/22/2024 120.00 12105 INTERSTATE ALL BATTERY CENTER 10/22/2024 407.90 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 10/9/2024 - 10/22/2024 Oct 17, 2024 11:56AM Vendor Number Payee Check Issue Date Amount 13411 IVAN'S TREE SERVICE LLC 10/22/2024 16,000.00 13052 JEFF BELZER'S ROSEVILLE 10/22/2024 317.25 1102 JOHNSON BROTHERS 10/22/2024 5,588.30 1004 JOHNSON BROTHERS LIQUOR COMPANY 10/22/2024 3,340.97 1005 JOHNSON BROTHERS LIQUOR COMPANY 10/22/2024 3,696.90 1006 JOHNSON BROTHERS LIQUOR COMPANY 10/22/2024 49,913.21 1044 JOHNSON BROTHERS LIQUOR COMPANY 10/22/2024 14,396.90 10797 KONICA MINOLTA BUSINESS 10/22/2024 108.33 10806 L.T.G. POWER EQUIPMENT 10/22/2024 53.27 12894 LEAST SERVICE COUNSELING LLC 10/22/2024 180.00 2045 LIBATION PROJECT 10/22/2024 725.92 2010 LUPULIN BREWING 10/22/2024 2,371.45 13255 MARTIN MARIETTA MATERIALS INC 10/22/2024 232.71 1125 MAVERICK (NEGOCE) 10/22/2024 101.32 2029 MEGA BEER 10/22/2024 409.75 10916 MENARDS LUMBER 10/22/2024 17.62 12940 MINNEHAHA BLDG MAINTENANCE 10/22/2024 76.95 10989 MINNESOTA HIGHWAY SAFETY AND 10/22/2024 645.00 13169 MNL 10/22/2024 3,200.00 13162 MNSPECT LLC 10/22/2024 9,552.49 11079 MUNICIPAL EMERGENCY SERVICES 10/22/2024 8,247.17 11085 MURPHY'S SERVICE CENTER 10/22/2024 18.28 1051 NEW FRANCE WINE COMPANY 10/22/2024 788.50 13060 NINENORTH 10/22/2024 1,020.20 13107 NORMS TIRE SALES 10/22/2024 2,573.68 13126 NORTH STAR CAR WASH 10/22/2024 260.00 2052 NOTHING BUT HEMP LLC 10/22/2024 389.00 13210 ODP BUSINESS SOLUTIONS LLC 10/22/2024 53.88 13316 OERTEL ARCHITECTS 10/22/2024 1,982.50 2038 OLIPHANT BREWING 10/22/2024 470.00 12779 OPTION ONE MECHANICAL LLC 10/22/2024 12,484.50 12112 OREILLY AUTO PARTS 10/22/2024 29.43 1012 PAUSTIS & SONS 10/22/2024 1,499.25 1001 PHILLIPS WINE & SPIRITS 10/22/2024 5,268.65 1002 PHILLIPS WINE & SPIRITS 10/22/2024 13,163.80 2019 PRYES BREWING COMPANY 10/22/2024 1,259.75 12740 RAK CONSTRUCTION INC 10/22/2024 21,427.20 11302 RAMSEY COUNTY FINANCE 10/22/2024 8,827.30 1062 RED BULL DISTRIBUTION COMPANY 10/22/2024 378.92 2047 RUE 38 LLC 10/22/2024 381.50 2018 SMALL LOT WINES 10/22/2024 399.00 1024 SOUTHERN GLAZER'S OF MN 10/22/2024 3,161.60 1008 SOUTHERN GLAZER'S OF MN 10/22/2024 2,767.09 1026 SOUTHERN GLAZER'S OF MN 10/22/2024 16,103.77 1036 SOUTHERN GLAZER'S OF MN 10/22/2024 818.96 2001 STEEL TOE BREWING 10/22/2024 620.00 11502 STREICHERS 10/22/2024 2,043.89 12123 SUMMIT COMPANIES 10/22/2024 877.80 13381 SUPERIOR SAND AND GRAVEL, INC. 10/22/2024 25.00 11568 TITAN MACHINERY 10/22/2024 462.00 12702 TOKLE INSPECTIONS INC 10/22/2024 1,729.04 11586 TRACY PRINTING 10/22/2024 3,512.00 11626 U.S. BANK (PURCHASING CARD) 10/22/2024 8,886.32 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 10/9/2024 - 10/22/2024 Oct 17, 2024 11:56AM Vendor Number Payee Check Issue Date Amount 13407 UNIVERSAL SERVICES TELECOMMUNICATIONS 10/22/2024 2,000.00 2007 URBAN GROWLER 10/22/2024 837.75 12163 VAN PAPER COMPANY 10/22/2024 655.02 2023 VENN BREWING CO 10/22/2024 834.00 11674 VERIZON WIRELESS 10/22/2024 378.27 1025 VINOCOPIA 10/22/2024 588.00 1034 WINE COMPANY THE 10/22/2024 1,637.00 1038 WINE MERCHANTS INC 10/22/2024 1,662.44 1032 WINEBOW 10/22/2024 296.50 Grand Totals: 402,402.94 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 24-070 A RESOLUTION ACCEPTING GRANTS AND DONATIONS RECEIVED WHEREAS,the City of St. Anthony is required to accept all grants and donations by resolution; and WHEREAS, the City of St. Anthony has received the following grants and donations in the 3rd quarter of 2024: MN State Grants- Fire/Officer Disability $2,077.88 MN Fire Training $4,591.63 MN Fire Training $6,810.50 St. Paul TZD 2nd Quarter- Additional $ 11,401.67 Hennepin County SCORE Recycling Grant 1st Payment $ 5,789.43 Total $ 30,671.11 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village hereby accepts the grants and donations as received in the 3rd quarter of 2024. Adopted this 22nd day of October, 2024. _________________________________________ Wendy Webster, Mayor ATTEST:___________________________ Jennifer Doyle, City Clerk Review for Administration: _______________________________________ Charlie Yunker, City Manager Grant Contract Agreement Page 1 of 2 DPS Grant Contract Agreement Non-State (rev. March 2024) Minnesota Department of Public Safety (“State”) Office of Justice Programs 445 Minnesota Street, Suite 2300 St. Paul, MN 55101-2139 Grant Program: Intensive Comprehensive Peace Officer Education and Training 2025 Grant Contract Agreement No.: A-ICPOE-2025-STANTHPD-022 Grantee: City of St. Anthony, Police Department 3301 Silver Lake Road St. Anthony, Minnesota 55418 Grant Contract Agreement Term: Effective Date: 12/1/2024 Expiration Date: 9/30/2025 Grantee’s Authorized Representative: Jeff Spiess, Chief of Police City of St. Anthony, Police Department 3301 Silver Lake Road St. Anthony, Minnesota 55418 (612) 782-3370 jeff.spiess@savmn.com Grant Contract Agreement Amount: Original Agreement $50,000.00 Matching Requirement $0.00 State’s Authorized Representative: Kristin Lail, Grants Specialist Coordinator Office of Justice Programs 445 Minnesota Street, Suite 2300 St. Paul, MN 55101-2139 (651) 230-3358 Kristin.lail@state.mn.us Federal Funding: CFDA/ALN: None FAIN: N/A State Funding: Minnesota Session Laws of 2023, Chapter 52, Article 2, Section 3, Subdivision 8. Special Conditions: None Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract agreement. Term: Per Minn. Stat.§16B.98, Subd. 5, the Grantee must not begin work until this grant contract agreement is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. Per Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract agreement is fully executed. Once this grant contract agreement is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant contract agreement. Reimbursements will only be made for those expenditures made according to the terms of this grant contract agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs first. The Grantee, who is not a state employee, will: Perform and accomplish such purposes and activities as specified herein and in the Grantee’s approved Intensive Comprehensive Peace Officer Education and Training 2025 Application [“Application”] which is incorporated by reference into this grant contract agreement and on file with the State at 445 Minnesota Street, Suite 2300, St. Paul, Minnesota 55101-2139. The Grantee shall also comply with all requirements referenced in the Intensive Comprehensive Peace Officer Education and Training 2025 Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines (https://app.dps.mn.gov/EGrants), which are incorporated by reference into this grant contract agreement. Budget Revisions: The breakdown of costs of the Grantee’s Budget is contained in Exhibit A, which is attached and incorporated into this grant contract agreement. As stated in the Grantee’s Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Matching Requirements: (If applicable.) As stated in the Grantee’s Application, the Grantee certifies that the matching requirement will be met by the Grantee. Grant Contract Agreement Page 2 of 2 DPS Grant Contract Agreement Non-State (rev. March 2024) Payment: As stated in the Grantee’s Application and Grant Program Guidance, the State will promptly pay the Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. § 16A.15. Signed: _____________________________________________ (with delegated authority) Signed: _____________________________________________ Title: ______________________________________________ Date: _______________________________________________ Date: ______________________________________________ Grant Contract Agreement No./ P.O. No. A-ICPOE-2025-STANTHPD-022 / 3-98934 Project No.(indicate N/A if not applicable): __N/A________ 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. Signed: _____________________________________________ Print Name: __________________________________________ Title: _______________________________________________ Date: _______________________________________________ Signed: ______________________________________________ Print Name: __________________________________________ Title: ________________________________________________ Date: ________________________________________________ Signed: ______________________________________________ Print Name: __________________________________________ Distribution: DPS/FAS Title: ________________________________________________ Grantee State’s Authorized Representative Date: ________________________________________________ Intensive Comprehensive Peace Officer Education and Training 2025 EXHIBIT A Organization: St. Anthony Police Department A-ICPOE-2025-STANTHPD-022 Budget Summary ICPOE: St. Anthony Police Department College Transition Recruitment Project Budget Category Award Payroll Taxes and Fringe Salary and Fringe $25,000.00 Total $25,000.00 Program Expenses Tuition and Related Supplies $25,000.00 Total $25,000.00 Total $50,000.00 Page 1 of 110/11/2024 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 24-073 A RESOLUTION AUTHORIZING THE EXECUTION FOR THE MINNESOTA DEPARTMENT OF PUBLIC SAFETY’S INTENSIVE COMPREHENSIVE PEACE OFFICER EDUCATION AND TRAINING (ICPOET) PROGRAM GRANT WHEREAS,the Minnesota Department of Public Safety developed a plan to address the critical shortage of peace officers in the state by funding grants to recruit, educate and train qualified college graduates to become license-eligible peace officers; and WHEREAS,law enforcement agencies could apply for a reimbursement grant up to $50,000 per eligible candidate; and WHEREAS,the St. Anthony Village Police Department applied for the ICPOET grant and was awarded $50,000; and NOW, THEREFORE, BE IT RESOLVED, by the City Council of St. Anthony Village that: The City Council hereby authorizes the Police Chief to execute the Minnesota’s Department of Public Safety’s Intensive Comprehensive Peace Officer Education and Training grant on behalf of the City of St. Anthony Village. Adopted this 22nd day of October, 2024. _____________________________ Wendy Webster, Mayor ATTEST:____________________________ Jennifer Doyle, City Clerk Reviewed for administration:______________________________ Charlie Yunker, City Manager MEMORANDUM To:Mayor Webster and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:October 16, 2024 Meeting Date:October 22, 2024 RE:St. Anthony – 2401 Lowry Ave. NE PUD Amendment GC Project No.140.01 – 24.05 PROJECT UPDATE This memorandum forwards supplemental materials regarding the requested PUD Amendment at 2401 Lowry Ave. NE. The City Council initially heard this item on its regular agenda at the Council meeting of September 24, 2024. Per the discussion at that meeting, Council directed staff to prepare an alternative resolution to that provided with the initial staff report. The item was eventually rescheduled for consideration at the City Council’s meeting of October 22, 2024. Attached to this memo is a copy of the original resolution which would support a decision for approval of the proposed PUD amendment. Also now attached is an alternative resolution supporting a decision for denial of the amendment. Each of the resolutions includes separate sets of proposed findings of fact that the Council may adopt on which to base their decision for approval or denial, respectively. PROPOSED COUNCIL ACTION The Council may take one of the following actions: 1.Motion to adopt Resolution 24-063 approving the amendment to the Kenzie Terrace PUD at 2401 Lowry Ave. NE, based on the finding in that resolution and incorporating the conditions of approval as required by said resolution, and as may be modified in accordance with the final Council action on the motion. 2.Motion to adopt Resolution 24-069 denying the amendment to the Kenzie Terrace PUD at 2401 Lowry Ave. NE, based on the findings in said resolution , and as may be modified in accordance with the final Council action on the motion. October 22, 2024 Page 2 3.Motion to table action on the proposed resolutions for amendment to the Kenzie Terrace PUD at 2401 Lowry Ave. NE, based on the Council’s request for additional information from staff or from the applicant. Staff notes that any extension of this item beyond October 27, 2024 would raise a conflict with the statutory time to consider zoning requests, limited to 120 total days. To table the item beyond October 27 would require the written agreement of the applicant waiving the City’s statutory time for decision, and as expressed by the applicant on the record at the October 22 meeting. ATTACHMENTS: Exhibit A:Resolution No. 24-063, Approval Exhibit B:Resolution No. 24-069, Denial Exhibit C:Application Amendment Narrative – 7/1/24 Exhibit D:Amendment Site/Landscape Plan – 7/1/24 Exhibit E:Applicant Powerpoint Presentation – 8/20/24 Exhibit F:Original Application and Supporting Material Exhibit G:Council Packet Materials from 9/24/24 CITY OF SAINT ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 24-063 A RESOLUTION APPROVING A REQUEST FOR AN AMENDMENT TO THE PUD ZONING DISTRICT FOR CHANGES TO THE USES AND DEVELOPMENT PLANS IN THE KENZIE TERRACE PUD OVERLAY DISTRICT WHEREAS, the City of St. Anthony Village received a request from the applicant and owner of 2401 Lowry Ave NE for an amendment to the subject PUD approvals on said property related to uses including religious assembly, community youth center, administrative and commercial office space, and other related uses; and WHEREAS, the property consists of approximately 1.9 acres and is located in the Kenzie Terrace PUD Overlay zoning district; and WHEREAS, the subject property is currently occupied by a vacant bank building and paved parking area; and WHEREAS, the proposed uses and facilities are allowed by the R-4 Zoning District which is incorporated into the Kenzie Terrace PUD District as the underlying zoning; and WHEREAS, consideration of a PUD amendment in such areas is required to avoid unreasonable negative impacts on adjoining properties, on the public rights of way, and on the requirements of the applicable zoning district; and WHEREAS, the conditions identified as a part of an approval for the proposed PUD amendment are necessary to ensure full compliance with the St. Anthony Village zoning ordinance and other public safety needs; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission held a public hearing on August 20th, 2024 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission recommended approval of the PUD Amendment with the conditions noted in the Staff report, and with the recommended staff conditions, are as listed below; and WHEREAS, the City Council makes the following findings of fact in support of the resolution for approval: 1.The land use plan chapter of the 2040 Comprehensive Plan identifies the site for Commercial Uses. 2.The 2040 Comprehensive Plan includes a variety of mixed use opportunities on Commercial property. 3.The current Kenzie Terrace PUD District references the R-4 District for alternatives to the approved PUD plans. 4.The R-4 District includes religious assembly uses as an allowed use, and by extension, these uses are allowable in the Kenzie Terrace PUD District. 5.The proposed use is a reasonable adaptive re-use of an existing vacant building and property. 6.Religious Assembly uses are commonly found in residential areas of the City, similar to the mixed residential neighborhoods near the proposed site. 7.The site is located on major roadways supporting traffic volumes generated by the property. 8.The applicants have expressed an interest in making the facility and site an asset to the community at large, similar to other faith communities in the City. 9.The applicant’s proposal provides an important service to the community at large, including the occasional availability of the site and its amenities for community use, and justifies the departure from the original PUD goals. 10.The applicant has expressed agreement with the conditions herein as conditions of the PUD zoning and site development goals. NOW THEREFORE MAY IT BE RESOVLED, that the City Council of the City of St. Anthony Village accepts the findings and recommendations documented in the staff report and as identified herein, and as shown on the plans and narratives submitted in support of the amendment at 2401 Lowry Ave. NE in accordance with the following conditions: 1.Provide information on staffing during religious services in the multi-purpose room, and scale the capacity of the assembly to match the remaining available parking on the site, at the rate of 2.5 persons per parking space. 2.Provide an interior floor plan schematic that shows the planned multi-purpose space, and how assembly capacity will be controlled to meet the maximum imposed by the parking supply. The enhanced plan shall be submitted to the City by October 31 3.Close the westerly of the two access driveways to Kenzie Terrace, and add green space and landscaping, including extension/replacement of the existing sidewalk along Kenzie Terrace, to replace the driveway removal. The implementation of this condition shall include a temporary barrier closing this driveway through the winter season of 2024- 2025, and construction of permanent improvements within a reasonable timeframe as required by Hennepin County, including replacement of green space, but with installation of all improvements no later than June 1, 2025. 4.Provide a more detailed landscaping plan that identifies the proposed planting materials in the illustrated green spaces on the site, as well as the existing green spaces at the perimeter of the site, including a maintenance plan for improving those overgrown areas. The applicants shall submit a plan addressing both maintenance and new installation for City approval by October 29, 2024 including an estimate of the cost of implementation and a financial security to cover implementation. Landscaping required by this condition shall be installed no later than September 1, 2025. 5. Provide complete information on the outdoor play area, including surfacing, amenities or structures in the play area, and method of separation from the adjacent driveway (fencing, etc.). The applicants may phase in the construction of this play area and its related improvements including plans and construction (such as landscaping and pavement) over a period of 2 years, to be constructed by Nov. 1 2026. 6.Preparation of a traffic and parking impact assessment, identifying the peak capacity of the site during busy periods, and how the site would accommodate both traffic distribution and parking needs. This assessment needs to incorporate the requirements of Hennepin County related to changes to use and access to Kenzie Terrace, a County jurisdiction roadway. 7.Information documenting environmental conditions on the property, and how the applicants propose to address those conditions given the proposes uses and changes to the site and/or building. The three recommendations made by the applicant’s environmental consultant (Stantec) in its report and investigation dated September 18, 2024, are incorporated into this requirement. Continued monitoring of interior and or exterior environmental conditions is required to verify compliance with the terms of this condition until the conditions are resolved, including any requirements of the Minnesota Pollution Control Agency (MPCA) Response Action Plan for the site. All correspondence in this regard is to be shared with the City. 8.The applicant enters into a development agreement with the City incorporating these conditions, and where appropriate, financially securing the implementation of the use and related improvements. Said improvements may be phased in over time according to these conditions, as well as a schedule to be made a part of the agreement. This agreement, or a memorandum thereof, will be recorded against the subject property. Passed in regular session of the City Council on the 22nd day of October, 2024. _________________________________ Wendy Webster, Mayor ATTEST:____________________________ Jennifer Doyle, City Clerk Review for Administration: _________________________________ Charlie Yunker, City Manager CITY OF SAINT ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION 24-069 A RESOLUTION DENYING A REQUEST FOR AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT ZONING DISTRICT FOR CHANGES TO THE USES AND DEVELOPMENT PLANS IN THE KENZIE TERRACE PUD OVERLAY DISTRICT WHEREAS, the property at 2401 Lowry Ave NE consists of approximately 1.9 acres and is located in the Kenzie Terrace PUD Overlay zoning district; and WHEREAS, the subject property is currently occupied by a vacant bank building and paved parking area; and WHEREAS, the Kenzie Terrace PUD Zoning District was established on the property by Ordinance 2024-04 on October 26, 2021; and WHEREAS, the Kenzie Terrace PUD District established the approved land use as a 76 unit multi-family housing project, replacing and redeveloping the existing building and other site improvements; and WHEREAS, the City of St. Anthony Village received a request from the applicant and owner of 2401 Lowry Ave NE, on behalf of the Tibyan Center, for an amendment to the subject PUD approvals on said property deleting the housing and site improvements as approved, and replacing those improvements with uses including religious assembly, community youth center, administrative and commercial office space, and other related uses; and WHEREAS, under the terms of the applicable zoning district, consideration of a PUD amendment is required to accommodate any substantive changes to the approved land use and site development plans; and WHEREAS, the applicant’s proposed land uses and site development plans constitute substantive changes; and WHEREAS, the Planning Commission held a public hearing on August 20th, 2024 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission recommended approval of the PUD Amendment with a series of conditions deemed necessary to mitigate various issues and concerns related to the use and development of the property as proposed by the applicant; and WHEREAS, the City Council has considered all of the application materials, as well as the staff report(s), public hearing comments, and other related documents which are incorporated by reference into this resolution; and WHEREAS, the City Council of St. Anthony Village in consideration of the competing goals and priorities of the City’s Comprehensive Plan, makes the following findings of fact in support of this resolution for denial of the amendment to the Kenzie Terrace PUD Zoning District: 1.The multi-site PUD (the Kenzie Terrace Planned Unit Development District) approved for the site incorporated City property that anticipates a residential component for development on the subject property. 2.The City’s participation in the PUD involved a sale of city-owned land, providing area for Bremer Bank’s relocation that was motivated in large part by the opportunity to achieve the City’s goal of expanding affordable housing development in the community. 3.The City-owned land provided for Bremer Bank’s relocation had been held by the City for several years with the expectation that it would be utilized for affordable housing when the proper project became feasible. 4.The prior Bremer Bank location, at 2401 Lowry Ave. NE (the subject of this application) is known to have residual environmental pollution from prior land uses on the property. 5.The development of a new affordable housing project as currently authorized on the subject property will address both an affordable housing goal, as well as a significant environmental cleanup, consistent with the City’s commitments to a wide range of housing opportunity, together with goals for sustainability and environmental stewardship. Examples of relevant housing policies from the Comprehensive Plan include the following: A.Explore the potential for affordable housing development at the city-owned site on Kenzie Terrace (former bowling alley site). B.Utilize available financing techniques to encourage multi-family housing developments to include a component of affordable housing. C.Plan for the re-development of underutilized commercial properties, especially those on higher volume streets and transit routes, for higher density, multi-family and senior housing. D.Evaluate the appropriateness for ordinances that encourage alternative and affordable housing options like accessory dwelling units and smaller apartment units. E.Utilize the Planned Unit Development re-zoning as a tool at key locations to promote market flexibility, integrated land uses, density and walkability. F.Revise the zoning code to allow for residential uses in commercial districts, to better meet anticipated market and transportation trends. 6.The current application for a proposed youth center/mosque use retains the existing building and site conditions (including the environmental contamination conditions), the improvement, replacement or remediation of which was an important component of the City’s approval of the original PUD. 7.An aspect of the development plan for the approved PUD included consideration of site improvements that facilitate the City’s “gateway” objectives for the Kenzie Terrace entrance to the community. 8.The redevelopment plan approved as a part of the PUD anticipated a reduction in impervious surface on the site, which is an aspect of the City’s goals for managing stormwater in this area of the community, and which the proposed amendment does not achieve. 9.The market conditions that reportedly disrupted the original housing component of the PUD (higher interest rates, labor and materials costs after the COVID period) and other factors are regularly changing, and may reasonably be expected to change again in ways that help make the residential use more feasible. 10.The Kenzie Terrace PUD District ordinance specifies that changes to the use or approved project plans require an amendment to the PUD. 11.The City’s land use plans and zoning ordinance accommodate on equal terms all assembly uses, including the proposed youth center and mosque, in a broad variety of locations and zoning districts throughout the City so there will be no substantial burden placed on the ability to achieve those uses in another location. 12.Approval of the youth center/mosque would eliminate one of the City’s best opportunities for housing, and particularly affordable housing. 13.The City viewed this PUD, and the transfer of affordable housing from the City-owned parcel to this site, as a key component of the City’s compliance with both Metropolitan Council housing goals, and as justification for the City’s participation in achieving those goals. NOW THEREFORE MAY IT BE RESOVLED, that the City Council of the City of St. Anthony Village adopts the findings of fact as identified herein as a compelling justification in the least restrictive manner possible for denial, and in view of said findings, hereby denies the application submitted on behalf of the Tibyan Center for an amendment to the Kenzie Terrace PUD zoning district at 2401 Lowry Avenue NE. Passed in regular session of the City Council on the 22nd day of October, 2024. ____________________________________ Wendy Webster, Mayor ATTEST:____________________________ Jennifer Doyle, City Clerk Review for Administration: ____________________________________ Charlie Yunker, City Manager Tibyan Center : Planned Unit Development Zoning Change Application Amendment Inbox Search for all messages with label Inbox Remove label Inbox from this conversation Jaylani Hussein <jHussein@cair.com> Jul 1, 2024, 4:57 PM to planner@savmn.com, Pat, Abdinasir, Ali, Khalif, Osman, Suleiman, Ahmedsiciid@gmail.com Hi Steve, We are writing to follow up on our meeting with you last week and our application to change the current Planned Unit Development (PUD) zoning for our building to better align with the intended uses of the Tibyan Center. Below, we provide detailed informati on regarding our plans for the property and how these changes will benefit both our community and the City of St. Anthony. Usage of Multi-Purpose Hall as a Mosque • The multi-purpose hall within our building will be used daily for worship, functioning as a mosque in addition to being a multi-purpose space for events and mainly for youth education programming. • The center will also offer both religious and non -religious schooling during the day and afternoon. These classes will utilize the available rooms in the building. Leased Office Space • We intend to lease a portion of the building for office space to businesses and organizations. This initiative will generate rental income and contribute to the city’s tax revenue. City and Community Partnership • Recognizing the needs expressed by the city and anticipating other needs by the community, we aim to be great partners in finding ways to use our facility to enhance community needs. • We are open to utilizing our oversized parking lot for community events, such as fairs and farmers markets. • We also welcome the opportunity to have city signage on our property since we are at a key gateway entrance to the city. Next City Council Meeting • Based on your advice and the need to make some changes, we would like to move our meeting from the upcoming July 9th scheduled meeting to the following fourth Tuesday in July or a later date, as determined, if we need to go back to the planning commission meeting. We believe these changes will clarify our use now and in the future. Please let us know the next steps in the process and if there is any additional information or documentation required from our side. We will submit a small presentation on the center later this week to be part of the packet. The updated concept plans are attached. Thank you for your attention to this matter. Jaylani Hussein Executive Director CAIR-Minnesota 1821 University Avenue W #306 St Paul, MN 55104 Office: (612) 206-3360 Cell:612-406-0070 www.cairmn.com Facebook Twitter 4651482 195617 KEY: TIBYAN COMMUNITY CENTER 2401 LOWRY AVE. NE ST. ANTHONY, MN SITE PLAN - PROPOSED 2/4/2024 A0 NEW PLAYGROUNDPROPOSED PLAYGROUND AREA (KEEP ROOF - REMOVE ISLANDS) NEW LANDSCAPE AREA NEW PLANTINGS 8/21/2024 1 Tibyan Center World Renown Center for Excellence 8/21/2024 2 Excelling in Quranic Learning Islamic Education Youth Enrichment Programing Coding and Programing 8/21/2024 3 Classes for youth and office for center Mosque for Prayer and multi purpose space Rental space to business (generating tax base) 8/21/2024 4 STORAGE IMAN OFFICE CLASSROOM CLASSROOM CLASSROOM CLASSROOM SERVER ROOM MOSQUE / MULTI-PURPOSE ROOM CONFERENCE CLASSROOM ROO M MEN'S TOILETS & WUDU NEW TOILET ROOMS: 3 TOILETS, 2 SINKS, NEW TOILET PARTITIONS, 2 LOCATIONS OF WUDU'S WOMEN' S TOILETS & WUDU KEY: FIRST FLOOR - PROPOSED 2401 LOWRY AVE. NE ST. ANTHONY, MN RED INDICATES NEW CONSTRUCTION PROPOSED PROGRAM THIS FLOOR: TIBYAN COMMUNIT Y CENTER 2/4/202 4 A 4 Mosque for Prayer and multi purpose space 4,000 space 3,000 actual prayer spaces 15 square feet per worshipper 200 worshipers 2.5 parking slot 80 stalls Most attendees of the center. 8/21/2024 5 Classes for youth and office for center Phase 1 use exisiting rooms as classes Phase 2 develop 17 classes with estimate of 15 students in each class. Rental space to business (generating tax base) Income generation for the center to portion of the center including the basement to small business 8/21/2024 6 •Recognizing the needs expressed by the city and anticipating other needs by the community, we aim to be great partners in finding ways to use our facility to enhance community needs. •We are open to utilizing our oversized parking lot for St Anthony Village community events, such as fairs and farmers markets. •We also welcome the opportunity work with city to have city signage on our property since we are at a key gateway entrance to the city. City and Community Partnership 8/21/2024 7 On May 29, the building was broken into, fire extinguishers were sprayed and computers and other items were stolen. Following this, on June 15, a window was broken, and on June 27, June 29, and June 30, further break-ins occurred. On July 2, another break-in was reported, and on July 7, an attempted break-in was stopped by a member of the center. The latest incident on July 16 involved the breaking of windows and additional vandalism. Security cameras captured a group of white males, some masked and others unmasked, entering the building, and causing significant damage. Damage estimated to exceed over $20,000. 8/21/2024 8 Print Before you begin this process, please consider a pre-application conference (by phone, email, or in person) with City community development staff. We are ready to assist in helping you understand the complexities of the review process, and the standards on which a potential application will be considered. We can also advise you on the materials that will help ensure you have a complete and clear application. City of St. Anthony City Hall 612-782-3301 Thanks for your interest in improving your property and reinvesting in the St. Anthony Village community. Fee and Escrow Terms By initialing below, the applicant agrees to pay the application fee and deposit an escrow fee to cover the city’s consultants’ costs associated with reviewing the associated request. If the city’s consultants’ costs exceed the initial escrow deposited by the applicant, an additional escrow fee will be collected from the applicatnt to cover the additional costs. Initial here to accept fee and escrow terms above* SJR Address of Property Involved* 2401 Lowry Ave N E Property ID Number* 0702923230002 Legal Description That Part Of The E 295 Ft Of W 395 Ft Of S 365 Ft Of NW 1/4 Lying N Of State Hwy No 63 Applicant Information Applicant Name* Stan Ross Applicant Email Address design2buildmn@live.com Land Use Application - Submission #7501 Date Submitted: 5/20/2024 5/21/24, 12:25 PM savmn.com/Admin/FormCenter/Submissions/Print/7501 https://www.savmn.com/Admin/FormCenter/Submissions/Print/7501 1/3 Applicant Address 4892 Twins Court Applicant Phone Number* 6123964556 Property Information Property Owner (if different from above) Interstate Development Owner Email Address Owner Address 4892 Twins Court Owner Phone Number 6123964556 Appeal ($500 fee + $1,500 escrow) Comprehensive Plan Amendment ($750 fee + $1,500 escrow if residential; $3,500 escrow if commercial/industrial) Conditional Use Permit ($1,000 fee+ $750 escrow if residential; $2,500 escrow if commercial/industrial) Easement Vacation ($200 fee + $500 escrow) Preliminary Plat ($750 fee + $1,500 escrow) Final Plat ($500 fee + $7500 escrow) Minor Subdivision/Lot Split ($500 fee + $1,500 escrow) Planned Unit Development (PUD) ($1,500 fee + $2500 escrow plus $50 escrow per residential unit ) Rezoning ($750 fee + $1,500 escrow) Zoning Text Amendment ($500 fee + $750 escrow) Site Plan ($500 fee + $750 escrow) Variance ($1,000 fee + $750 escrow if residential; $2,500 escrow if commercial/industrial) Type of Request (Check all that apply) Description of the Request (or a separate detailed narrative explaining the project) Tibyan Community Center will operate the building with Office and an After School Care Program. The After School Program will have classrooms and a multi-purpose room used for events and program services. There are three floors, however at this time only the First and Second Floors will be use. 5/21/24, 12:25 PM savmn.com/Admin/FormCenter/Submissions/Print/7501 https://www.savmn.com/Admin/FormCenter/Submissions/Print/7501 2/3 Attachments 2024 05 17.pdf Acknowledgement and Signature I acknowledge that I have read all of the information listed in the City of St. Anthony Village Land Use Application and fully understand that I am responsible for all costs incurred by the City related to the processing of this application. If additional fees are required to cover costs incurred from processing of the application, the City has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, mailing, and supplies. Applicants are advised that an escrow deposit is required at the time of the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. I understand that approval from other agencies may be required before commencement with the stated project. I agree. Electronic Signature Agreement By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date. Electronic Signature* Stan J. Ross Payment Upon submission of this application, please mail or drop off payment for fee and escrow to City Hall 3301 Silver Lake Road, St. Anthony, MN 55418. 5/21/24, 12:25 PM savmn.com/Admin/FormCenter/Submissions/Print/7501 https://www.savmn.com/Admin/FormCenter/Submissions/Print/7501 3/3 Supplemental Q&A for 2401 Lowry PUD Amendment submitted by Stan Ross, 5/22/24 1. The approximate square footage of the various uses, including offices, classrooms, multi- purpose space, and vacant space. Offices: 8,000 sf, Classrooms 5,500 sf, Multi-Purpose Space 6,000 sf, Vacant 9,000 sf 2. The number of employees who will be on-site during peak times (assuming these are daytimes during week? or weekends? evenings?). Will office employees staff the after-school program, or will that entail additional staff? 10-20 employees during peak times, some of these would be in the classroom offices 3. The approximate number of students who will be on-site during peak times, and approximate hours of operation. Approximately 100 students during peak times 4. The frequency and scope of "events" , such as building and attendance capacity, hours, etc. No classes Tuesday and limited on Thursday, otherwise all other days from 9AM - 7PM 5. How students will arrive at the facility (e.g. driven by parents, etc. or buses?) - and how they will be picked up? Parents drop-off and pick-up 6. If there is a common drop-off and/or pick-up time for parents arriving in cars, how will the cars queue or park on the property to avoid interfering with traffic on the adjoining street(s)? Parents park and enter building 7. Will there be outdoor use of the facility for the after-school program, and if so, where on the property will that occur? A simple site plan would be helpful in this regard. No outdoor use currently planned. 8. Is there any state or county licensing required for the after-school programming that you will be required to carry, and if so, what is the status of that licensing? No license is required for the after school program. 9. Will you be making any changes to the site or building to accommodate the proposed use(s), including parking lot, green/open space, architectural exteriors, or interior remodeling? Very limited alterations: a few interior non-load bearing walls removed to enlarged existing areas for classrooms and open areas for the Multi-Purpose Space. Also, toilets enlarged and miscellaneous sinks added. 10. Will you be proposing any exterior signage as a part of the occupancy for these uses? Check the sign ordinance (Section 155 of the City Code) for details on allowable signage. Small signage for business name, planned signage will follow city sign code. Design2 Build, Inc. Tibyan Center Exterior Photos Looking Northeast Looking North Design2 Build, Inc. Tibyan Center Looking Northwest Looking West Design2 Build, Inc. Tibyan Center Looking Southwest Looking South Design2 Build, Inc. Tibyan Center Looking East MEMORANDUM To: Mayor Webster and St. Anthony Village City Council From: Stephen Grittman, City Planner Date: City Council Meeting – September 24, 2024 GC Project No. 140.01 – 24.05 Request: Request for an amendment to a Planned Unit Development in a PUD, Planned Unit Development District Property Address: 2401 Lowry Avenue NE Property PID: 07-029-23-23-0002 PROPOSED COUNCIL ACTION The City Council has before it the consideration of a proposed amendment to the Planned Unit Development District approval at 2401 Lowry Ave. NE. The original PUD District anticipated development of a 76 unit multi-family project, with an expectation that the proposed project would be a “market-rate affordable” project based on the developer’s description of the project. That project did not go forward, as described more fully below. The applicants have purchased the subject property, and propose to develop the site under an amendment to the PUD, incorporating changes to the original proposed land use, and a variety of alterations to the building, primarily interior. The Planning Commission held a public hearing on the request at its regular meeting on August 20, 2024. Additional information on the hearing and the Planning Commission recommendations are also included in the material below. The Commission’s recommendation of approval was accompanied by a series of conditions, some of which were added by the Commission as a part of its discussion, and deleting some conditions proposed by staff to which the applicants expressed opposition. Staff’s recommendation is to reincorporate the original staff conditions, and add the conditions included by the Planning Commission. If acceptable to the Council, action by the Council would be as follows: Approval of Resolution 24-063 approving an amendment to the Planned Unit Development District at 2401 Lowry Avenue NE, based on the findings of fact in the staff report for this date, and incorporating the conditions of approval in said resolution. September 24th, 2024 Page 2 PROJECT BACKGROUND AND TIMELINE The Applicants are seeking an amendment to an approved Planned Unit Development to modify the land use and site plan approvals that were granted under the original PUD project. The site is the former Bremer Bank facility at the northeast corner of Kenzie Terrace and Stinson Parkway, with an address of 2401 Lowry. The parcel is just under 2 acres in size. June, 2024. The Planning Commission originally held a public hearing to consider the application on June 18, 2024. At the time, the applicants had described their request as consisting of the conduct of after-school programming and office uses in the existing building. They indicated that the building itself would not be remodeled on the exterior. Interior remodeling would consist primarily of modifications to create an activity space in support of the after-school programming. The applicants suggested that one floor of the building would remain unused at the current time. No changes to the existing site plan were envisioned. The proposed change would alter the approved PUD ordinance by replacing the expected 76- unit multiple-family residential use with a proposed office use and after-school program for school-aged children. The site plan approvals under the approved PUD would be altered to retain the existing building and site improvements, which largely consist of paved parking lot serving the original bank facility. At the public hearing in June, the applicants expanded on their description of the uses of the building, which included testimony that a variety of language and other academic classes would be provided, as well as technical training in various disciplines. The Planning Commission discussed the merits of the proposed use, and how it compared to the Comprehensive Plan objectives for the site, as well as to the intent of the existing PUD zoning, which anticipated housing that was designed to be affordable to low and moderate income tenants. The rezoning ordinance recognized the change from commercial to residential use, incorporating the approved site and development plans for the multi-family project, as referenced the R-4 zoning district (the City’s multi-family zoning district) as the reference district for performance standards not specifically identified in the approved PUD. The 2040 Comprehensive Plan calls for mixed residential and commercial uses in the area. The Land Use Plan expected a continuation of the commercial land use pattern on this site, but included language that accommodates the conversion of commercial land to residential when the specific site and other needs – including affordable housing goals – supported the change. It was this set of policy considerations that led to the City’s participation in a multi-site PUD approval that included this property. That PUD (the current controlling zoning) shifted the Bremer Bank location to a site owned by the City, which was originally acquired for redevelopment, with the goal being affordable housing. In turn, the housing objective was shifted to the site currently under consideration, thus the multi-family project approved there. September 24th, 2024 Page 3 The Planning Commission ultimately voted to recommend against the proposed amendment in a split vote. Favorable votes included comments that the use was a valuable one for the neighborhood and community at large, among others. Votes against the amendment cited concerns over an inadequate description of the project plans, the loss of the opportunity for affordable housing on the site, and concerns over the loss of taxable land, presuming that the new owner would put the property to a tax-exempt land use. July, 2024. After the Planning Commission’s June hearing, the applicants provided additional information to staff, supplementing their request on July 1, 2024 to more fully describe the proposed use, and address certain concerns raised by the Commission. The applicants asked to delay the project’s consideration by the City Council to allow this additional information to be reviewed. It was determined that the additional information constituted a substantive change to the understanding of the project proposal, and that the project as now understood was not fully noticed in the initial hearing. As such, staff notified the applicants that the project needed to return to a new public hearing before the Planning Commission. The applicants provided additional written documentation on the proposed amendment as a part of that new schedule. As now described, the proposed application would reintroduce administrative offices for internal use, as well as commercial office uses available to private tenants/lessees. Finally, the use of the building would include community center uses of various types. Prominent among these would be both the original after-school programming as previously proposed, although other uses may include farmer’s markets, community fairs, or similar outdoor events. Most significantly, the building will utilize the multi-purpose facility for religious institutional use, including daily prayer and religious services open to the community throughout the day and week. The applicants also supplemented their application with a new site plan drawing that indicated the conversion of a portion of the property (previously used as a bank drive-through) to now include an outdoor play/recreation space, and reconfiguring the otherwise fully paved parking area to add green space. August, 2024. The applicants submitted a PowerPoint presentation at the August 20 public hearing. At that hearing, the Commission heard from staff and the applicants, as well as a number of members of the public. The public commenters were mixed in their support of the proposal, with a number in favor based generally on the purposes and benefits of the Tibyan organization and what it would bring to the community, and others expressing opposition, primarily due to concerns over the capacity of the site to handle the traffic and parking needs on site. Other concerns related to information related to subsurface environmental contamination. The Commission discussed the proposal extensively, including the discussion and aspects raised by members of the public. The Commission asked about the Staff recommendation, and why it had changed from the original June review to the August review. Staff noted that for the September 24th, 2024 Page 4 original application, the request was clearly outside of the PUD land use ordinance that controls the site. Changing the eligible uses was a policy decision that the City should make, and staff offered reasons that the City might both approve such a change, or reject it. However, the August review included a change in the proposed principal land use (thus resetting the applicable timelines for City consideration of the matter). The new use was best described as a religious institution, with ancillary accessory uses. As a religious institution, it is an acceptable land use in a residential district. In this case, the R-4, multi-family district underlies the PUD overlay. As such, it is staff’s opinion that the proposed use is appropriate under the current PUD designation (the PUD Ordinance incorporates the uses of the R-4 District). Thus, staff’s recommendation changed to approval. Under this land use scenario, the primary issues in the PUD become the building and site alterations, since the PUD ordinance also adopts the site plan approved for the prior multi- family proposal. Staff’s recommendation included a series of conditions related to site conditions, and requesting verification of aspects of the use. Ultimately, the Planning Commission recommended approval of the PUD amendment, with changed conditions from those of staff. Staff continues to recommend incorporation of the original conditions as with any PUD, flexibility in site use and other aspects of development from the City’s standard zoning requirements is to be offset by site improvements and project amenities that result in a project that furthers the City’s land use goals and objectives. Without the site improvements suggested by staff (and originally conceptually offered by the applicants), the site would remain in a condition that is not consistent with the City’s standards. STAFF RECOMMENDATION In the initial application, the issue for the City was whether the PUD zoning and the Development Agreement governing the land use on the site should be amended to incorporate a use that was not contemplated by the original PUD approval. The amended application expands the proposed use of the site, and – while it varies from the original PUD – the principal use is within realm of the uses written in to the Kenzie Terrace PUD District. Staff believes that the proposed land uses on the site are consistent with the underlying land use planning for this area, and subject to site plan notes and appropriate amendments to the zoning district, allowable under the PUD Zoning. While the applicants have added additional clarity to the proposed use and provided a concept site plan that suggests additional green space on the mostly-impervious site, there are a number of modifications or supplemental elements that should be incorporated into any recommendation for the PUD amendment. Those modifications include the following: 1. Provide information on staffing during religious services in the multi-purpose room, and scale the capacity of the assembly to match the remaining available parking on the site, at the rate of 2.5 persons per parking space. September 24th, 2024 Page 5 2. Provide an interior floor plan schematic that shows the planned multi-purpose space, and how assembly capacity will be controlled to meet the maximum imposed by the parking supply. 3. Close the westerly of the two access driveways to Kenzie Terrace, and add green space and landscaping to replace the driveway removal. 4. Provide a more detailed landscaping plan that identifies the proposed planting materials in the illustrated green spaces on the site, as well as the existing green spaces at the perimeter of the site, including a maintenance plan for improving those overgrown areas. (The applicants asked that this condition be waived due to considerations over cost). 5. Provide information on the outdoor play area, including surfacing, amenities or structures in the play area, and method of separation from the adjacent driveway (fencing, etc.). (The applicants asked that this condition be waived due to considerations over cost). To these conditions, the Planning Commission added the following: 6. Preparation of a traffic and parking impact assessment, identifying the peak capacity of the site during busy periods, and how the site would accommodate both traffic distribution and parking needs. This assessment needs to incorporate the requirements of Hennepin County related to changes to use and access to Kenzie Terrace, a County jurisdiction roadway. 7. Information documenting environmental conditions on the property, and how the applicants propose to address those conditions given the proposes uses and changes to the site and/or building. To recommend approval of the amendment, the Planning Commission should consider findings such as the following, and others generated by the discussion and public hearing: 1. The land use plan chapter of the 2040 Comprehensive Plan identifies the site for Commercial Uses. 2. The 2040 Comprehensive Plan includes a variety of mixed use opportunities on Commercial property. 3. The current Kenzie Terrace PUD District references the R-4 District for alternatives to the approved PUD plans. 4. The R-4 District includes religious assembly uses as an allowed use, and by extension, these uses are allowable in the Kenzie Terrace PUD District. 5. The proposed use is a reasonable adaptive re-use of an existing vacant building and property. 6. Religious Assembly uses are commonly found in residential areas of the City, similar to the mixed residential neighborhoods near the proposed site. 7. The site is located on major roadways supporting traffic volumes generated by the property. 8. The applicant’s proposal provides an important service to the community at large, and justifies the departure from the original PUD goals. September 24th, 2024 Page 6 Following the August 20 Planning Commission meeting, the applicants met with staff to discuss the conditions. Staff indicated that the supplemental information requested by the Commission should be submitted at least one week prior to the Council meeting at which the item would be considered. The applicant sought a deferral to the September 24th meeting for time to complete the additional information. The Applicants provided supplemental materials intending to address the conditions recommended by Planning Commission. Staff will have additional review comments available prior to the scheduled Council meeting on September 24. GENERAL INFORMATION Applicant: Stan Ross o/b/o Tibyan Community Center Owner: Kenzie Multifamily LLC Location: 2401 Lowry Avenue NE Existing Land Uses: Site in Question: Vacant Office Building Property to North: Senior Multi-Family Residential Property to East: Manufactured Home Park Property to West: Low Density Residential (Minneapolis-Stinson Pkwy) Property to South: Mixed Commercial (Kenzie Terrace) Zoning: PUD, Kenzie Terrace Planned Unit Development District Deadline for Agency Application Complete Date: July 1, 2024 Action: 60 Days: August 30, 2024 Extension Letter Sent: July 3, 2024 120 Days: October 29, 2024 September 24th, 2024 Page 7 ANALYSIS Zoning Map As noted above, the applicant seeks to amend the approved PUD on the site. The property is zoned PUD, Planned Unit Development, and the applicant is proposing to use the property for a variety of office and after-school program purposes, as well as a space for daily prayer and regular religious services. Aerial Photo from Hennepin County Property Information September 24th, 2024 Page 8 Land Use – Principal Use. Religious services are identified as a principal use in the City’s Zoning Ordinance, and included in the definition of “Assembly” uses. Religious Institution/Place of Worship land uses are listed as a Conditional Use in most of the Residential zoning districts (including the R-4 District). The PUD District that applies to this site includes reference to the R-4 District. The applicable Kenzie Terrace PUD District language is quoted below: (4) Kenzie Terrace PUD Overlay District (a) Purpose. The purpose of the Kenzie Terrace PUD Overlay District is to provide for the development of certain real estate subject to the Overlay District for commercial and high-density residential land uses. (b) Permitted Uses. Permitted principal uses in the [Kenzie Terrace]* PUD District shall be those uses as found in the R-4, Multiple Family Residential District of the St. Anthony Zoning Ordinance on Parcel PID 07-029-23-23-0002**; and those uses found in the C-Commercial District on Parcels PID 07-029-23-24-0020 and 07-029-23-24-0021, subject to any approved PUD Development Agreement on file with the City, as well as the Final Stage Development Plans submitted on 10/05/2021, as may be amended. The introduction of any other use from any district shall be reviewed under the requirements of the St. Anthony Zoning Ordinance, Chapter XV, Section 152.200 et seq. – Planned Unit Developments for Development Stage PUD and Final Stage PUD. (c) Accessory Uses. Accessory uses shall be those commonly accessory and incidental to the allowed uses, and as specifically identified by the approved final stage PUD plans. (d) District Performance Standards. Performance standards for the development of any lot in the Kenzie Terrace PUD Overlay District shall adhere to the approved final stage PUD plans and development agreement for each lot. In such case where any proposed improvement is not addressed by the final stage PUD, then the regulations of the R-4, Multiple Family Residential District or C-Commercial District shall apply, as applicable to the approved Principal Use on the subject parcel. (e) Amendments. Where changes to the PUD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the PUD under the terms of the St. Anthony Zoning Ordinance, Section 152.200 et seq.. The City may require that substantial changes in overall use of the PUD property be processed as a new project, including a zoning district amendment. (Am. Ord. 2021-04, passed 10-26-2021) *There is a typo in the text referencing an incorrect district title. September 24th, 2024 Page 9 ** 07-029-23-23-0002 is the parcel in question. NOTE: Text italicized and bolded added for this report. In review of this amended application, staff finds that the changes constitute a substantively different application from that of the original. The principal use of the property is more completely defined as a religious institution (or assembly space), with accessory uses “commonly accessory and incidental to the allowed [principal] uses”. This (religious assembly) use is consistent with the terms of the Kenzie Terrace PUD District language which anticipates uses as found in the R-4 District – which specifically cites Religious Institution/Place of Worship as an allowed use. The Conditional Use Permit requirement in the R-4 District implies that the use is allowed, but with adequate City review and process to mitigate any impacts related to public health, safety, and general welfare that may be raised by the nature of the land use. PUD zoning and process stands in for the City’s review of Conditional Uses or Variances, as a procedural matter. Land Use – Accessory Uses. The original submittals proposed an operation that includes daily delivery of students to and from the site by automobile. Up to 100 students are expected to participate in the programs offered on the property, with between 10 and 20 staff members. The applicants expect to provide programming and/or staff presence generally between 9:00am and 7:00pm. Because the use is not a childcare or school facility, the applicants indicate that they are not required to have any outside licensing. The applicants originally stated that they anticipate no outdoor programming as a part of the site usage, however, the revised plans provide an outdoor play/recreation space. In addition, the applicants have indicated that other accessory activities may occur outdoors. Site and Building Improvements. Parking and Building Capacity. With regard to capacity of the religious worship space, the zoning ordinance does not establish any limitation. However, such facilities are required to provide off-street parking at a rate of one space per 2.5 person capacity (not including spaces reserved for staff and employees on a one-space-per-employee basis). The illustrated site plan provides a total of 76 parking spaces. The applicants should provide additional information relating to the number of staff during peak times that services are being held, and will be required to scale the religious services capacity to meet the remaining parking supply. By way of example only, if there are 10 employees, the remaining available parking will be a total of 66 spaces, yielding a capacity for services of 165 assembled attendants (66 times 2.5). The applicants have not provided detail on interior space remodeling. Initially, this was not a concern given the nature of the use as originally described. However, with the religious services creating the possibility that site capacity can create congestion on the adjoining public streets, this information should be provided by the applicant for further review and verification that the site can handle the possible traffic generated by the assembly use. September 24th, 2024 Page 10 Access. With the greater utilization of the parking lot, access to the site is at issue. Hennepin County is in the process of planning for changes to Kenzie Terrace, which currently shows two access points to this site, in addition to an existing access to Stinson Parkway on the west side of the site. Of the two driveways to Kenzie, the easterly of the two is aligned with the intersection to Lowry Avenue, south of Kenzie. The westerly of the two is just over 100 feet from the Lowry/Kenzie/Stinson intersection. This driveway access should be closed as a condition of PUD approval for this site plan and use (the removal of this driveway was also a condition of the prior multi-family PUD). Site and Landscaping Improvements. In regard to the parking lot area, staff strongly supports the “greening” of the parking area as an aspect of PUD review. For any PUD, the City should find that there are aspects of the project, such as site development amenities or other design factors, that help offset the City’s approval of flexibility from its base zoning standards. The green space in the amended site plan is both an aesthetic improvement, as well as an important environmental consideration in reducing impervious surface and the impact on stormwater runoff and quality. The landscape plan shows conceptual planting areas where green space would replace paved areas. The plan illustrates some planting in those new green spaces, again conceptually. The plan retains much of the perimeter green space around the property, although those areas would benefit from maintenance. As a part of any Final PUD plan for the amended PUD, the City should require a detailed landscape plan that identifies the type of planting and green spaces, and information relating to maintenance and retention of green space in the existing perimeter areas. The applicant identifies a conversion of the former bank drive-through area to an outdoor play area. The plan does not identify the proposed improvements in this area, such as ground surface materials or other aspects of the amenity. Given that it abuts an active driveway, it is expected that there will likely be some sort of separation between the play area and site traffic. Fencing or other aspects of this improvement should be identified as an aspect of the plan. Finally, given the recommended closing of the westerly access point noted above, additional green space would be created as an aspect of that change. This area should also be included in the landscape plan. Tax Base Considerations. Finally, it is important to add a note regarding the Commission’s discussions related to the interest in retaining tax base as a land use consideration. The applicants have suggested that as a part of the amended application, they would incorporate some taxable use into the building. It is also important to understand that for land use decisions, the City is not permitted to distinguish between religious and other similar land uses, based on the religious nature of use alone. September 24th, 2024 Page 11 Therefore, the allowance of a commercial office use, for example, also implies the allowance of a non-commercial or religious office use. This is a function of a federal law known as “RLUIPA” – the Religious Land Use and Institutionalize Persons Act. As such, any decision on the proposed use should focus on land use-related impacts rather than property tax considerations. PLANNING COMMISSION REVIEW Summary and Planning Commission Action. In summary, staff believes that there are adequate reasons to recommend approval of the proposed amendment, given the expanded description of the proposed use on the site. However, there are still details arising from that proposal that cannot be verified with the material submitted as a part of the application submittal. The Commission considered the components of the application – both land use and development plans – and recommended approval, but with conditions that make the project more consistent with the City’s land use goals. As noted, staff believes that both the original staff conditions and those added by the Planning Commission should be incorporated into any approval of the PUD amendment. Finally, the suggested findings above serve as the basis for the Council’s decision, and may be supplemented or amended based on the discussion of the item. Staff will prepare a draft resolution for the City Council based on the Commission’s action. ATTACHMENTS Exhibit A: Application Amendment Narrative – 7/1/24 Exhibit B: Amendment Site/Landscape Plan – 7/1/24 Exhibit C: Applicant PowerPoint Presentation – 8/20/24 Exhibit D: Original Application and Supporting Material Exhibit E: Cover Memo Supplemental – 9/18/24 Exhibit F: Applicant Supplemental Submission – 9/18/24 MEMORANDUM To: Mayor Webster and St. Anthony Village City Council From: Stephen Grittman, City Planner Date: September 18, 2024 Meeting Date: September 24, 2024 RE: St. Anthony – 2401 Lowry Ave. NE PUD Amendment GC Project No. 140.01 – 24.05 PROJECT UPDATE This memorandum forwards supplemental materials submitted by the applicants for the PUD Amendment at 2401 Lowry Ave. NE. The materials are intended to be in response to additional analysis and data requested by the Planning Commission as a part of the Commission’s recommendation of approval of the PUD Amendment. Because of the timing of the submission, staff has had limited opportunity to review and report on the content of the newly submitted materials prior to preparation of staff reports for the meeting agenda. The supplemental materials are intended to address the following: 1. Provide information on staffing during religious services in the multi-purpose room, and scale the capacity of the assembly to match the remaining available parking on the site, at the rate of 2.5 persons per parking space. - Anticipated volumes provided for programs would not exceed total parking available on site. Volumes do not reflect future plans related to business space rental. 2. Provide an interior floor plan schematic that shows the planned multi-purpose space, and how assembly capacity will be controlled to meet the maximum imposed by the parking supply. - Interior floor plan provided for first floor. 3. Close the westerly of the two access driveways to Kenzie Terrace, and add green space and landscaping to replace the driveway removal. - Updated site plan (page 89 of packet) shows closure of westerly driveway to Kenzie Terrace. Green space and landscaping not confirmed. 4. Provide a more detailed landscaping plan that identifies the proposed planting materials in the illustrated green spaces on the site, as well as the existing green spaces at the perimeter of the site, including a maintenance plan for improving those overgrown areas. September 24, 2024 Page 2 - Proposed landscaping shown on previous site plan (page 92 of packet). The applicants asked that this condition be waived due to considerations over cost. Applicants stated that landscaping would be a future phase of project. Landscaping has been removed from site plan. 5. Provide information on the outdoor play area, including surfacing, amenities or structures in the play area, and method of separation from the adjacent driveway (fencing, etc.). - Proposed outdoor play area shown on previous site plan (page 92 of packet). The applicants asked that this condition be waived due to considerations over cost. Applicants stated that the outdoor play area would be a future phase of project. Outdoor play area was removed from site plan. 6. Preparation of a traffic and parking impact assessment, identifying the peak capacity of the site during busy periods, and how the site would accommodate both traffic distribution and parking needs. This assessment needs to incorporate the requirements of Hennepin County related to changes to use and access to Kenzie Terrace, a County jurisdiction roadway. - Applicants provided supplemental materials on September 18, 2024. Traffic study anticipates traffic primarily directed to and from I-35W. This would indicate that vehicles would enter the site via Kenzie Terrace. - Supplemental materials describe that traffic entering and exiting the site for youth educational programs are anticipated to be parent drop-off and pick-up. The proposed site plan (page 89 of packet) illustrates a drop-off and pick-up lane along the west side of the building. Plans indicate allowing space for 10-15 stacked cars for drop-off and pick-up. Based on proposed configuration of drop-off and pick-up lane with the building entrance, staff anticipate that the majority of vehicles exiting the site would use Kenzie Terrace following drop-off and pick-up. - The traffic and parking study will be subject to review by Hennepin County. 7. Information documenting environmental conditions on the property, and how the applicants propose to address those conditions given the proposes uses and changes to the site and/or building. Stantec Consulting Services Inc. (Stantec) prepared the Environmental Conditions Summary (Summary) on behalf of the Applicants. Below summarizes the findings: - Previous investigations include a subsurface investigation occurred in 2017. Indoor/Outdoor sampling events occurred in February 2018, March 2018, April 2018, November 2018, May 2019, and June 2020. An additional subsurface investigation occurred in June 2023. o From the June 2023 investigation, concentrations of Tetrachloroethylene (PCE) and Trichloroethylene (TCE) above its soil leaching values (SLV) in samples collected from the northern half of the Site. Groundwater analytical results from temporary wells identified the presence of PCE, TCE, and cis-1,2- dichloroethene (cis-1,2-DCE) above their respective HRLs or Health Based Values (HBVs) in borings collected from the north and east portions of the site. - In August 2024, Stantec completed an indoor air sampling event. o Identified PCE concentrations higher than its MPCA industrial ISV in the main lobby area. TCE concentrations higher than its Minnesota Pollution Control September 24, 2024 Page 3 Agency (MPCA) residential Intrusion Screening Value (ISV). PCE concentrations were higher than its MPCA residential ISV in the mechanical rooms. In the Summary, Stantec recommended the following: - For site soil, Stantec is recommended that any future soil handling and management activities are performed in cooperation with an environmental professional and the MPCA-approved Response Action Plan and Construction Contingency Plan (RAP/CCP) as prepared for MPCA Site IDs BF0002310 and BF0002577. - For site groundwater, the proposed Site plans do not include activities related to groundwater, Stantec recommended that if groundwater is encountered as part of future Site activities an environmental professional and the MPCA-approved RAP/CCP as prepared for MPCA Site IDs BF0002310 and BF0002577 are consulted. - For site soil vapor intrusion, Stantec recommended that the building HVAC system is made fully functional prior to building occupancy. It is further recommended that an active vapor mitigation system is implemented in the site building in accordance with the MPCA-approved RAP/CCP. Per the recommended conditions of the PUD amendment, the Applicants need to confirm how they will address the conditions identified in the Summary. MEMORANDUM To:Mayor Webster and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:City Council Meeting – October 22, 2024 GC Project No.140.00 Request:Cannabis – Zoning Ordinance Amendments Property Address: NA Property PID:NA PROJECT DESCRIPTION The City Council considered the initial draft of a cannabis regulation ordinance as a first reading on September 10, 2024. At that first reading, the Council discussed a number of alternatives that, under the legislation, the City has some discretion to consider. The discussion resulted in edits to the first reading. At its regular meeting on October 8, the City Council made some additional adjustments to the text. The original edits (between Reading 1 and 2) are included in the attached draft in redline, while the adjustments made between Readings 2 and 3 are reflected in the draft ordinance attached to this report, and highlighted in redline bold. A few typographical edits have also been made (identified below), but not included in the redlining for easier reading. These latest updates are summarized as follows: Subp. (I): A correction was made to renumber what is now paragraph (2). Subp. (L): Following the City Council discussion on measured buffer distances, staff has provided the original option (along public streets), and then added options for measurement along the shortest public sidewalk, as well as measurement along the shortest private sidewalk open to the public. The shortest of these would be the effective buffer distance from the specified land use. Subp. (O): Corrected a typographical error. Subp. (P)(1)(d)5.: This section was further amended to specify that both the buffer distance (from Subp. L) and the zoning district (from Subp. M) must be observed for retail sales at a cannabis event. Subp. (P)(2): Corrected a typographical error. October 8, 2024 Page 2 Subp. (P)(4) This addition is intended to specify that an application for a temporary event denied by the City Council would be required either to resubmit, or amend their original application, at the discretion of the Council. At the prior meeting, it was further clarified that staff will typically have the ability to review a pending application for completeness and other defects prior to Council action. REQUESTED COUNCIL ACTION The updated draft ordinance regulating cannabis business is attached for review and consideration as a second reading. As noted below, the Planning Commission recommended approval of the general regulations with comment, and the City Council incorporated many of those comments in its discussion of the first reading. With any further requested edits of the various sections, staff requests approval of the third reading of this ordinance. The original staff report material is available in prior packets for Councilmember reference. STAFF AND PLANNING COMMISSION RECOMMENDATION The Planning Commission originally voted to pass the draft on to the City Council for its action. The ordinance had been reviewed at two prior readings. Staff has amended the attached version with additional edits to ensure that the final draft for third reading is fully updated. As noted previously, municipal sales, law enforcement, and other administrative or General Code aspects of the law are left to separate consideration by City Council. ATTACHMENTS Exhibit A:Draft Ordinance Amendment 2024-05 Exhibit B:Minn. Statutes Chapter 342.13 (Local Control) ORDINANCE 2024-05 CITY OF ST. ANTHONY HENNEPIN AND RAMSEY COUNTY, MINNESOTA AN ORDINANCE OF THE CITY OF ST. ANTHONY, AMENDING SECTION 154.188 OF THE CITY CODE REGULAT ING CANNABIS BUSINESSES THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS: Section 1. Section 154.188 is hereby amended to read as follows: Section 154.188. Cannabis Businesses and Zoning (A) Findings and Purpose (1) The City of St. Anthony (hereinafter “City”) makes the following legislative findings: The purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes the City to protect the public health, safety, welfare of City residents by regulating cannabis businesses within the legal boundaries of City. The City finds and concludes that the proposed provisions are appropriate and lawful land use regulations for City, 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. (B) Authority & Jurisdiction (1) The City 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 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. This Ordinance shall be applicable to the legal boundaries of the City of St. Anthony, in both Hennepin and Ramsey Counties, and shall count total licensed facilities as if the City were in one county. ORDINANCE 2024-05 (C) 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. (D) Enforcement The City Manager or designee 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. (E) 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 by the State 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 mezzobusiness with a retail operations endorsement, microbusiness with a retail operations endorsement, medical combination businesses operating a retail location, (and/excluding) lower-potency hemp edible retailers. (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 ORDINANCE 2024-05 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 City 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. (F) Registration of Cannabis Businesses (1) Consent to registering of Cannabis Businesses No individual or entity may operate a state-licensed cannabis retail business within the City of St. Anthony without first registering with City. 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. (2) Compliance Checks Prior to Retail Registration Prior to issuance of a cannabis retail business registration, the City shall 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, the City 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. (3) Registration & Application Procedure (a) Fees. The City shall not charge an application fee. A registration fee, as established in City’s fee schedule, shall be charged to applicants depending on the type of retail business registration applied for. An initial retail registration fee shall not exceed $500 or half the amount of an initial ORDINANCE 2024-05 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 City 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. (b) Application Submittal. The City shall issue a retail registration to a state-licensed cannabis retail business that adheres to the requirements of Minn. Stat. 342.22. (c) An applicant for a retail registration shall fill out an application form, as provided by the City. Said form shall include, but is not limited to: 1. Full name of the property owner and applicant; 2. Address, email address, and telephone number of the applicant; 3. The address and parcel ID for the property which the retail registration is sought; 4. Certification that the applicant complies with the requirements of local ordinances established pursuant to Minn. Stat. 342.13. 5. (Insert additional standards here) (d) The applicant shall include with the form: 1. The application fee as required in the City’s Fee Schedule. 2. A copy of a valid state license or written notice of OCM license preapproval. 3. Other information requested by the City Manager determined to be necessary for City registration. (e) 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. (f) The application fee shall be non-refundable once processed. (4) Application Approval ORDINANCE 2024-05 (a) 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 154.188 (K). (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. (G) Annual Compliance Checks. The City 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 City 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. (H) Location Change. If a state-licensed cannabis retail business seeks to move to a new location still within the legal boundaries of City, it shall notify City of the proposed location change, and submit necessary information to meet all the criteria in this paragraph without the need for a new registration or fee. (I) Renewal of Registration The City 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 City. A cannabis retail registration issued under this ordinance shall not be transferred. (1) Renewal Fees. Formatted: Indent: Left: 0", First line: 0.5" Formatted: Font: Not Italic, Not Highlight Formatted: Font: Not Italic, Not Highlight Formatted: Font: Not Italic ORDINANCE 2024-05 The City may charge a renewal fee for the registration starting at the second renewal, as established in City’s fee schedule. (2) Renewal Application. The application for renewal of a retail registration shall include, but is not limited to: • Items required under Section 154.188 (F) of this Ordinance (J) Suspension of Registration (1) When Suspension is Warranted. The City may suspend a cannabis retail business’s registration if it violates the ordinance of City or poses an immediate threat to the health or safety of the public. The City shall immediately notify the cannabis retail business in writing the grounds for the suspension. (2) Notification to OCM. The City shall immediately notify the OCM in writing the grounds for the suspension. OCM will provide City and cannabis business retailer a response to the complaint within seven calendar days and perform any necessary inspections within 30 calendar days. (3) Length of Suspension. 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. The City may reinstate a registration if it determines that the violations have been resolved. The City shall reinstate a registration if OCM determines that the violation(s) have been resolved. (4) Civil Penalties. Subject to Minn. Stat. 342.22, subd. 5(e) the City may impose a civil penalty, as specified in the City’s Fee Schedule, for registration violations, not to exceed $2,000. (K) Limiting of Registrations. The City shall limit the number of cannabis retail businesses to no fewer than one registration for every 12,500 residents within the City’s boundaries. The City shall limit the number of cannabis retail businesses to one(1). (L) Requirements for Cannabis Businesses (1) Minimum Buffer Requirements. The City shall prohibit the operation of a retail cannabis business within the following buffer distances. Buffer distances shall be interpreted to be (1) the shortest route on public streets, (2) the shortest route along a public sidewalk or (3) the shortest route along a private sidewalk open to the public, whichever of these is shorter, from measured between the primary public entrance of the cannabis business to and the primary entrance of the use identified herein: (a) 1,000 feet from a school. Formatted: Font: Bold Formatted: Font: Bold ORDINANCE 2024-05 (b) 300 feet from a day care. (c) 300 feet from a residential treatment facility. (d) 500 feet from an attraction within a public park that is regularly used by minors, including a playground or athletic field. 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 any school, daycare, residential treatment facility, or attraction within a public park that is regularly used by minors moves within the minimum buffer zone. (M) Zoning and Land Use (1) Cannabis businesses licensed or endorsed for Cultivation, Hemp Manufacture, Hemp or Cannabis Wholesale, Cannabis Transportation, Cannabis Delivery, Cannabis Mezzobusiness, or Cannabis Microbusiness, are permitted in the Light Industrial District, and subject to all other regulations of the City Code and as required by Section 154.140 through Section 154.144. Such uses shall not be permitted any retail activity or endorsements to qualify as permitted uses in the L-I, Light Industrial District. (2) Cannabis businesses licensed for cannabis retail are a permitted use in the C- Commercial District, and subject to all other regulations of the City Code and as required by Section 154.120 through Section 125. (N) Hours of Operation. The sale of cannabis at any retail business shall be prohibited between 2 a.m. and 8 a.m., Monday through Saturday, and between 2 a.m. and 10 a.m. on Sundays. (O) Advertising. Cannabis businesses are permitted to erect signage as allowed by the City’s sign regulations in Chapter 157 of the City Code. (P) 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. No cannabis event shall last for more than four (4) days. A cannabis event organizer must receive City approval, including obtaining any necessary permits or licenses issued by a local unit of government before holding a cannabis event. (1) License or Permit Required for Temporary Cannabis Events (a) License Required. A cannabis event organizer license entitles the license holder to organize a temporary cannabis event lasting no more than four days. In addition to the requirements of this section, the applicant shall follow and be subject to the applicable requirements of Section 154.190, Temporary Structures and Uses. ORDINANCE 2024-05 (b) Registration & Application Procedure. A registration fee, as established in City’s fee schedule, shall be charged to applicants for Tempora ry Cannabis Events. (c) Application Submittal & Review. The City shall require an application for Temporary Cannabis Events. (d) An applicant for a temporary cannabis event registration shall fill out an application form, as provided by the City. Said form shall include, but is not limited to: 1. Full name of the property owner and applicant; 2. Address, email address, and telephone number of the applicant; 3. Written authorization of the owner(s) of the premise(s) on which the temporary cannabis event is to be held. 4. Whether the exhibitors or attendees at the event will sell cannabis products at the event. 5. Evidence of compliance with the requirements of the City’s buffer distances in Section 154.188 (L) and Section 154.188 (M) if retail sales of cannabis products will be permitted. 6. A sketch plan of the premises on which the temporary event will be held, including facilities such as shelters, canopies, restroom facilities, parking, and other related support facilities. (e) The applicant shall include with the form: 1. The application fee as required in Section 154.188 (P)(1)(b); 2. A copy of the OCM cannabis event license application, submitted pursuant to 342.39 subd. 2. The application shall be submitted to the City of St. Anthony, 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. (f) 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. (g) The application fee shall be non-refundable once processed. (h) The application for a license for a Temporary Cannabis Event shall meet the following standards: ORDINANCE 2024-05 (2) No temporary cannabis event shall permit smoking of any cannabis product on the premises of the event. (3) A request for a Temporary Cannabis Event that meets the requirements of this Section shall be approved in accordance with the process for Special Event Permits in Section 154.190. (4) A request for a Temporary Cannabis Event that does not meet the requirements of this Section shall be denied. The City shall notify the applicant of the standards not met and basis for denial. The City Council may require an applicant whose request is denied to submit a new application, or the Council may permit the applicant to modify the application, at the discretion of the City Council. (Q) Lower-Potency Hemp Edibles (1) Sale of Low-Potency Hemp Edibles or Low-Potency Hemp Beverages for off - site consumption. The sale of Low-Potency Edibles or Beverages for off -site consumption is permitted, subject to the conditions within this Section. (a) Low-Potency Edibles or Beverages are permitted as a retail sales use for off-site consumption (off-sale) in any premise which holds a valid tobacco sales license in the City of St. Anthony. (b) Low-Potency Edibles or Beverages shall be stored behind a counter in a locked case, not directly available to the customer. (2) Sale of Low-Potency Hemp Edibles or Low-Potency Hemp Beverages for on- site consumption. The sale of Low-Potency Edibles or Beverages for on-site consumption is permitted, subject to the conditions within this Section. (a) Low-Potency Edibles or Beverages are permitted as a retail sales use for on-site consumption (on -sale) only in establishments licensed to serve alcoholic beverages for on-site consumption (on-sale). Section 2. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official St. Anthony City Code, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 3. This Ordinance shall take effect and be in full force from and after its passage and publication. This ordinance may be published by summary publication, per a duly adopted resolution of the City Council. The ordinance in its entirety and any related map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at St. Anthony City Hall for examination upon request. ORDINANCE 2024-05 ADOPTED BY the St. Anthony City Council this ____ day of ______, 2024. __________________________________ Wendy Webster, Mayor ATTEST: ___________________________________ Jennifer Doyle, City Clerk AYES: NAYS: Reviewed for Administration: _______________________________ Charlie Yunker, City Manager ORDINANCE 2024-05 CITY OF ST. ANTHONY HENNEPIN AND RAMSEY COUNTY, MINNESOTA AN ORDINANCE OF THE CITY OF ST. ANTHONY, AMENDING SECTION 154.188 OF THE CITY CODE REGULATING CANNABIS BUSINESSES THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS: Section 1. Section 154.188 is hereby amended to read as follows: Section 154.188. Cannabis Businesses and Zoning (A) Findings and Purpose (1) The City of St. Anthony (hereinafter “City”) makes the following legislative findings: The purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes the City to protect the public health, safety, welfare of City residents by regulating cannabis businesses within the legal boundaries of City. The City finds and concludes that the proposed provisions are appropriate and lawful land use regulations for City, 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. (B) Authority & Jurisdiction (1) The City 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 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. This Ordinance shall be applicable to the legal boundaries of the City of St. Anthony, in both Hennepin and Ramsey Counties, and shall count total licensed facilities as if the City were in one county. ORDINANCE 2024-05 (C) 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. (D) Enforcement The City Manager or designee 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. (E) 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 by the State 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 mezzobusiness with a retail operations endorsement, microbusiness with a retail operations endorsement, medical combination businesses operating a retail location, (and/excluding) lower-potency hemp edible retailers. (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 ORDINANCE 2024-05 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 City 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. (F) Registration of Cannabis Businesses (1) Consent to registering of Cannabis Businesses No individual or entity may operate a state-licensed cannabis retail business within the City of St. Anthony without first registering with City. 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. (2) Compliance Checks Prior to Retail Registration Prior to issuance of a cannabis retail business registration, the City shall 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, the City 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. (3) Registration & Application Procedure (a) Fees. The City shall not charge an application fee. A registration fee, as established in City’s fee schedule, shall be charged to applicants depending on the type of retail business registration applied for. An initial retail registration fee shall not exceed $500 or half the amount of an initial ORDINANCE 2024-05 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 City 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. (b) Application Submittal. The City shall issue a retail registration to a state-licensed cannabis retail business that adheres to the requirements of Minn. Stat. 342.22. (c) An applicant for a retail registration shall fill out an application form, as provided by the City. Said form shall include, but is not limited to: 1. Full name of the property owner and applicant; 2. Address, email address, and telephone number of the applicant; 3. The address and parcel ID for the property which the retail registration is sought; 4. Certification that the applicant complies with the requirements of local ordinances established pursuant to Minn. Stat. 342.13. 5. (Insert additional standards here) (d) The applicant shall include with the form: 1. The application fee as required in the City’s Fee Schedule. 2. A copy of a valid state license or written notice of OCM license preapproval. 3. Other information requested by the City Manager determined to be necessary for City registration. (e) 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. (f) The application fee shall be non-refundable once processed. (4) Application Approval ORDINANCE 2024-05 (a) 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 154.188 (K). (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. (G) Annual Compliance Checks. The City 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 City 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. (H) Location Change. If a state-licensed cannabis retail business seeks to move to a new location still within the legal boundaries of City, it shall notify City of the proposed location change, and submit necessary information to meet all the criteria in this paragraph without the need for a new registration or fee. (I) Renewal of Registration The City 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 City. A cannabis retail registration issued under this ordinance shall not be transferred. (1) Renewal Fees. ORDINANCE 2024-05 The City may charge a renewal fee for the registration starting at the second renewal, as established in City’s fee schedule. (2) Renewal Application. The application for renewal of a retail registration shall include, but is not limited to: • Items required under Section 154.188 (F) of this Ordinance (J) Suspension of Registration (1) When Suspension is Warranted. The City may suspend a cannabis retail business’s registration if it violates the ordinance of City or poses an immediate threat to the health or safety of the public. The City shall immediately notify the cannabis retail business in writing the grounds for the suspension. (2) Notification to OCM. The City shall immediately notify the OCM in writing the grounds for the suspension. OCM will provide City and cannabis business retailer a response to the complaint within seven calendar days and perform any necessary inspections within 30 calendar days. (3) Length of Suspension. 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. The City may reinstate a registration if it determines that the violations have been resolved. The City shall reinstate a registration if OCM determines that the violation(s) have been resolved. (4) Civil Penalties. Subject to Minn. Stat. 342.22, subd. 5(e) the City may impose a civil penalty, as specified in the City’s Fee Schedule, for registration violations, not to exceed $2,000. (K) Limiting of Registrations. The City shall limit the number of cannabis retail businesses to no fewer than one registration for every 12,500 residents within the City’s boundaries. The City shall limit the number of cannabis retail businesses to one(1). (L) Requirements for Cannabis Businesses (1) Minimum Buffer Requirements. The City shall prohibit the operation of a retail cannabis business within the following buffer distances. Buffer distances shall be interpreted to be (1) the shortest route on public streets, (2) the shortest route along a public sidewalk or (3) the shortest route along a private sidewalk open to the public, whichever of these is shorter, measured between the primary public entrance of the cannabis business and the primary entrance of the use identified herein: (a) 1,000 feet from a school. ORDINANCE 2024-05 (b) 300 feet from a day care. (c) 300 feet from a residential treatment facility. (d) 500 feet from an attraction within a public park that is regularly used by minors, including a playground or athletic field. 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 any school, daycare, residential treatment facility, or attraction within a public park that is regularly used by minors moves within the minimum buffer zone. (M) Zoning and Land Use (1) Cannabis businesses licensed or endorsed for Cultivation, Hemp Manufacture, Hemp or Cannabis Wholesale, Cannabis Transportation, Cannabis Delivery, Cannabis Mezzobusiness, or Cannabis Microbusiness, are permitted in the Light Industrial District, and subject to all other regulations of the City Code and as required by Section 154.140 through Section 154.144. Such uses shall not be permitted any retail activity or endorsements to qualify as permitted uses in the L-I, Light Industrial District. (2) Cannabis businesses licensed for cannabis retail are a permitted use in the C- Commercial District, and subject to all other regulations of the City Code and as required by Section 154.120 through Section 125. (N) Hours of Operation. The sale of cannabis at any retail business shall be prohibited between 2 a.m. and 8 a.m., Monday through Saturday, and between 2 a.m. and 10 a.m. on Sundays. (O) Advertising. Cannabis businesses are permitted to erect signage as allowed by the City’s sign regulations in Chapter 157 of the City Code. (P) 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. No cannabis event shall last for more than four (4) days. A cannabis event organizer must receive City approval, including obtaining any necessary permits or licenses issued by a local unit of government before holding a cannabis event. (1) License or Permit Required for Temporary Cannabis Events (a) License Required. A cannabis event organizer license entitles the license holder to organize a temporary cannabis event lasting no more than four days. In addition to the requirements of this section, the applicant shall follow and be subject to the applicable requirements of Section 154.190, Temporary Structures and Uses. ORDINANCE 2024-05 (b) Registration & Application Procedure. A registration fee, as established in City’s fee schedule, shall be charged to applicants for Temporary Cannabis Events. (c) Application Submittal & Review. The City shall require an application for Temporary Cannabis Events. (d) An applicant for a temporary cannabis event registration shall fill out an application form, as provided by the City. Said form shall include, but is not limited to: 1. Full name of the property owner and applicant; 2. Address, email address, and telephone number of the applicant; 3. Written authorization of the owner(s) of the premise(s) on which the temporary cannabis event is to be held. 4. Whether the exhibitors or attendees at the event will sell cannabis products at the event. 5. Evidence of compliance with the requirements of the City’s buffer distances in Section 154.188 (L) and Section 154.188 (M) if retail sales of cannabis products will be permitted. 6. A sketch plan of the premises on which the temporary event will be held, including facilities such as shelters, canopies, restroom facilities, parking, and other related support facilities. (e) The applicant shall include with the form: 1. The application fee as required in Section 154.188 (P)(1)(b); 2. A copy of the OCM cannabis event license application, submitted pursuant to 342.39 subd. 2. The application shall be submitted to the City of St. Anthony, 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. (f) 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. (g) The application fee shall be non-refundable once processed. (h) The application for a license for a Temporary Cannabis Event shall meet the following standards: ORDINANCE 2024-05 (2) No temporary cannabis event shall permit smoking of any cannabis product on the premises of the event. (3) A request for a Temporary Cannabis Event that meets the requirements of this Section shall be approved in accordance with the process for Special Event Permits in Section 154.190. (4) A request for a Temporary Cannabis Event that does not meet the requirements of this Section shall be denied. The City shall notify the applicant of the standards not met and basis for denial. The City Council may require an applicant whose request is denied to submit a new application, or the Council may permit the applicant to modify the application, at the discretion of the City Council. (Q) Lower-Potency Hemp Edibles (1) Sale of Low-Potency Hemp Edibles or Low-Potency Hemp Beverages for off- site consumption. The sale of Low-Potency Edibles or Beverages for off-site consumption is permitted, subject to the conditions within this Section. (a) Low-Potency Edibles or Beverages are permitted as a retail sales use for off-site consumption (off-sale) in any premise which holds a valid tobacco sales license in the City of St. Anthony. (b) Low-Potency Edibles or Beverages shall be stored behind a counter in a locked case, not directly available to the customer. (2) Sale of Low-Potency Hemp Edibles or Low-Potency Hemp Beverages for on- site consumption. The sale of Low-Potency Edibles or Beverages for on-site consumption is permitted, subject to the conditions within this Section. (a) Low-Potency Edibles or Beverages are permitted as a retail sales use for on-site consumption (on-sale) only in establishments licensed to serve alcoholic beverages for on-site consumption (on-sale). Section 2.The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official St. Anthony City Code, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 3.This Ordinance shall take effect and be in full force from and after its passage and publication. This ordinance may be published by summary publication, per a duly adopted resolution of the City Council. The ordinance in its entirety and any related map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at St. Anthony City Hall for examination upon request. ORDINANCE 2024-05 ADOPTED BY the St. Anthony City Council this 22nd day of October, 2024. __________________________________ Wendy Webster, Mayor ATTEST: ___________________________________ Jennifer Doyle, City Clerk AYES: NAYS: Reviewed for Administration: _______________________________ Charlie Yunker, City Manager CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 24-071 A RESOLUTION APPROVING SUMMARY PUBLICATION FOR ORDINANCE 2024-05 WHEREAS, the City Council of the City of St. Anthony has enacted the above referenced ordinance concerning the recodification of the City Code and; WHEREAS, Minnesota Statutes, section 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing maps or charts; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent of Ordinance 2024-05. NOW, THEREFORE, BE IT RESOLVED that: the following summary of Ordinance 2024-05 shall be published in the official paper in lieu of the entire ordinance. SUMMARY PUBLICATION Ordinance 2024-05 An Ordinance Amending Section 154.188 of the St. Anthony Village City Code Regulating Cannabis Businesses The City Council of the City of St. Anthony adopted Ordinance 2024-05 on October 22, 2025, amending Section 154.188 of the St. Anthony City Code Regulating Cannabis Businesses. The full Ordinance is available for review at City Hall, St. Anthony City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418. Adopted this 22nd day of October, 2024. ____________________________ Wendy Webster, Mayor ATTEST:_____________________________ Jennifer Doyle, City Clerk Reviewed for administration: _____________________________ Charlie Yunker, City Manager MEMORANDUM To: St. Anthony Village City Council From: Charlie Yunker, City Manager and Jeff Spiess, Police Chief Date: October 22, 2024 City Council Meeting Request: Renewal of Police Partnership with the City of Falcon Heights BACKGROUND In early 2024, officials from the City of Falcon Heights approached Saint Anthony Village on renewing a policing services partnership. Falcon Heights has contracted with the Ramsey County Sheriff’s Office since January 2018, and the contract will expire on February 28, 2025. Falcon Heights is seeking a long-term policing services beginning on March 1, 2025. Saint Anthony Village currently provides policing services to the City of Lauderdale and previously provided policing services to Falcon Heights between 1994 and 2017. The previous partnership with Falcon Heights was highly valued in both communities. On April 23, 2024 the City Council approved continuing the exploratory process of a renewed police service partnership with the City of Falcon Heights. As a part of the discussion, Council noted the following particular items they would like to review as the process continues: • Lessons learned from the previous relationship • A Police Department SWOT Analysis • Benefits to the City and the Police department on a renewed partnership • Appropriately sharing/mitigating risk • Financial plan that would not increase the Saint Anthony tax levy from a renewed partnership • A staffing plan and timeline to support expansion of the department when hiring is very challenging Staff has continued to work through the exploratory process and is offering an update on the following areas: • Background • Decision Timeline • Benefits and risks • Lesson Learned from Previous Partnership • Police Department SWOT Analysis • Department Staff Feedback • Phased Staffing Plan • Contract • Appropriate Sharing of Financial Risk • Financial Plan • Facility Needs DECISION TIMELINE City of Falcon Heights explored temporary options with neighboring agencies on temporary services without success and made a request to the Ramsey County Sherrif’s Office (RCSO) to extend services through 2025. The RCSO declined and offered no more than two extra months of coverage, through February 28, 2025. This is the rationale behind the Appendix A added to the draft contract that references adding service level over time beginning on March 1, 2025. This also impacts the approach for adding additional officer and staff to support the City of Falcon Heights, and the financial support needed to do so without impacting the City of Saint Anthony Village tax levy, which is reflected in the staffing section below. LESSONS LEARNED FROM THE PREVIOUS RELATIONSHIP & SHARING RISK As formal and informal conversations have taken place and community feedback has been received on this topic, three areas of concern have been raised: • Ensure participating City Councils foster an effective partner relationship • Clearly defined service expectations, chain of command, and authority over policing strategies • Appropriate sharing of financial impact related to extraordinary incidents Staff has the below ideas to offer for consideration on addressing these areas: CITY COUNCILS’ RELATIONSHIP The three participating City Councils should establish a formal or informal commitment to regularly communicating and building relationships. This could include coordinating attendance at conferences and events or an annual joint formal meeting that may or may not focus on police services. The overall objective is that the policy-makers who ultimately control the partnership maintain continuity as members change and each community evolves to enhance stability for the Police Department and the Police Officers who would serve the combined communities of Saint Anthony Village, Falcon Heights and Lauderdale. CLEARLY DEFINED SERVICE EXPECTATIONS The top administrative personnel from each city and the chosen command staff from the Police Department should meet and discuss police services and community needs on a regular basis. This will be in the form of a Joint Operations Committee that will meet quarterly. PHASE 1 Consider Concept PHASE 2 Stakeholder Input PHASE 3 Partnership Decision PHASE 4 Implement The objective would be to improve communication between the partner cities and ensure expectations of the Police Department are clearly understood and balances consistency with the unique needs of each partner city. SHARING FINANCIAL IMPACT City staff from Saint Anthony and Falcon Heights coordinated with our respective City Attorneys and the League of Minnesota Cities Insurance Trust to draft language to address this concern. ST. ANTHONY POLICE DEPARTMENT SWOT ANALYSIS & BENEFITS TO THE CITY AND POLICE DEPARTMENT Police Department leadership staff conducted a SWOT Analysis, and the breakdown below expands on the identified aspects. It also contains the anticipated benefits to the Police Department, and thus to the City of Saint Anthony Village of a renewed partnership within the ‘Opportunities’ section: ST. ANTHONY POLICE DEPARTMENT INPUT From the beginning of the discussion on a possible renewed partnership, the perspective of the police department was a top priority for City leadership to receive. The City engaged Ethical Leaders in Action, Inc. to gather that input and communicate the department personnel’s input for the Council to consider along with the broader community input. Nearly all department personnel including command staff, patrol officers, investigations and non-sworn staff were interviewed over multiple days. At this point, officers have a range of perspectives on the concept of a renewed partnership, while also expressing their commitment to professionalism, belief in their work culture, and their support and trust in the department leadership. In addition, it is critical that any renewed partnership is done right, and themes around what that means are listed below. For the St. Anthony Police Department, these primary themes emerged as top priorities for the City to consider: RELATIONSHIP CONCERNS OPERATIONAL CONCERNS • Mutual trust needs to be established and relations need to be developed • Confidence that the department will be supported when use of force incidents occur • Cannot provide effective services before 1/1/2026 • Recruitment and training for new officers are top priority • Expansion of police facility would be necessary STAFFING PLAN The department analyzed call data and identified the following additional personnel to support expansion: Patrol Officers Additional patrol officers same as previous contract 4 Swing Shift Patrol Additional officers during high call volume time 2 Investigator Investigative capacity to adequately address call type needs 1 Community Engagement Officer Sworn officer to coordinate community engagement for all cities 1 Administrative Support Additional administrative capacity similar to previous contract 1 Total additional personnel needed 9 CURRENT STATUS On July 1, 2024, the authorized sworn officer strength of the Police Department increased to 22. The current staffing level is at 19, and there is one candidate in the background process and 1 additional interview scheduled at this time. In order to increase the applicant pool and ability to hire qualified police officers, the Police Department proposes the following approaches: EXPANSION OF THE CADET PROGRAM There has been increased interest in the Cadet program, which has a current authorized strength of two (2). The police department has two cadets, who will complete their college education and the Skills program in 2025. Many police departments are finding most success in a long-term solution, in which potential new officers are identified while still completing their college degrees. The department would pay for part of their education, while also employing them as a Cadet on a part-time basis. Once their education is complete, they would be hired as a full-time police officer. Staff is proposing that this authorized strength be increased to six (6), which will increase our ability to promote more cadet candidates to the police officer position when they have finished their required college education. An evaluation of hourly compensation and incentives should also be conducted to ensure that St. Anthony is consistent with industry standards. HIRING BONUS Staff proposes offering a one-time hiring bonus for entry level officers and hiring bonus for lateral level officers. Half of the bonus would be paid upon successful completion of the field training program and the remaining balance at the end of the one-year probationary period. Each officer would be required to repay this amount if their employment ends either voluntarily or involuntarily within two years of the date of hire. REFERRAL BONUS Staff proposes the offering of a one-time lump sum referral bonus to any current St. Anthony Police Department employee who refers an eligible police officer who applies, is hired, and successfully completes the field training program. RETENTION BONUS Retaining employees is a critical component of any department’s staffing needs. Hiring a new officer that is self-sufficient takes thousands of dollars and approximately 6-9 months’ time. During the building phase of 2025, there will be an increased workload on current personnel, and it is important that they are supported and given additional financial incentive to remain a member of the St. Anthony Police Department. Staff is recommending a retention bonus for all current licensed police officers and office staff who are employed during the entire year of 2025, payable as a percentage of their annual base salary. UPGRADED FACILITY COMMITMENT A significant upgrade to the current police facility or a new facility is necessary for the daily operation of a modern 21st century police department. This is due to the need for space for additional personnel, evidence handling and retention, officer wellness, training, emergency operations, and aesthetics. This will make St. Anthony consistent with most other police departments in the metropolitan area. As a recruitment tool, this is vitally important. Staff recommends a stated commitment by the City Council to pursue this goal, consistent with plans set forth by the Oertel Architects, Ltd. CONTRACT Staff has used the current contract with the City of Lauderdale to enhance and integrate Council feedback to address risks. The current draft is included in the packet for review. Various areas were updated including: • Updated grammatical, clarifying and formatting changes throughout • Definitions added and expanded language on services, termination and breach • Expanded liability and financial risk sharing language added • Addendum added to cover implementation phase: • March 1, 2025 – Initial phase of patrol as able and emergency response • July 1, 2026 (or as agreed upon) – Mid-stage phase to commit to daily patrol and emergency calls • January 1, 2027 (or as agreed upon) – Full-stage phase of full staff and full services FINANCIAL PLAN The financial aspects of this exploration can be categorized into three areas: • Contract price approach and annual charge • Personnel and operating needs and related costs • Facility upgrades needs RAMP-UP SERVICES CONTRACT PRICE Given the short timeline to begin even minimal services, applying the proposed pricing approach in the initial stages would be extremely difficult. Staff from Saint Anthony Village and Falcon Heights have agreed that a “lump sum” pricing approach for the initial phases is appropriate for simplicity and ensuring there is no levy impact for Saint Anthony residents. Proposed pricing is below based on available hours of active patrol and covers all recruitment and training costs and all equipment costs. Falcon Heights will be billed monthly, and the Options Committee will determine when to move tiers: 8 Hour 12 Hour 16 Hour 20 Hour 24 Hour Personnel $686,433 $843,288 $1,010,143 $1,196,999 $1,423,854 Equipment $191,660 $191,660 $191,660 $191,660 $191,660 Total $878,093 $1,034,948 $1,201,803 $1,388,659 $1,615,514 CONTRACT APPROACH AND PRICE (FULL-SERVICE SCOPE) Determined by allocating costs based on a 50/50 blend of population percentage and call volume percentage, applied to total police costs. Numbers are rounded for clarity: POPULATIONS CALLS FOR SERVICE BLENDED COMBINED COST ALLOCATION (2020 US CENSUS) (YEARLY AVERAGES ON SAV METHODOLOGY) TOTAL SAV FH LD TOTAL SAV FH LD 50% SAV FH LD 17,000 9,300 5,400 2,300 12,800 7,900 2,800 2,100 POP 55% 32% 14% 55% 32% 14% 62% 22% 16% CALLS 62% 22% 16% BLENDED 58% 27% 15% Based on methodology, below is the estimated contract range. This is updated from the previous estimate based on 2025 budgeted costs that include the upward pressure on wages for sworn officers. Numbers are rounded for clarity and accelerated by a 4% inflation assumption for 2026: Additional personnel, operating and equipment costs $1,615,500 Shared Fixed costs and capital contribution* $263,700 Approximate contract price in 2026 $1,879,200 This approach would take effect when full staffing is achieved, and full services can be delivered. *All or a portion of can be dedicated to funding facility renovations/expansions. FACILITY UPGRADES NEEDS The police department, as a component of the 1996 city hall building, is short on space and does not meet current demands. Since this building was constructed, both Saint Anthony Village and policing have changed. • Current Police Department: 9,200 sf • If it was constructed today: 30,000 sf Staff has been in discussion with architects on the Police Department facility about short term and long-term needs for the department and how that relates to the building and space usage. Staff highlighted a need for a professional work environment to attract recruits to a changing police department, including: • Repurpose existing spaces to be more useable • Need for training and meeting space • Larger secure evidence storage • Improve daylight access • Indoor garage for all department vehicles • Expansion of evidence processing and storage space beyond previous scope • Add additional equipment storage • Rework locker rooms • Improve reception area • Larger garage and secured storage • Addition of officer workstations and offices • Dedicated spaces for classroom style training and tactical style training and related storage To date, staff has identified two options for the Council to consider and explore: PUBLIC SAFETY FACILITY EXPAND CURRENT FACILITY From the beginning of the exploratory process community feedback was clear that in increase to the tax levy as a result of expanding the Police Department was not supported. Thus, revenue from a police services contract would need to cover additional operational costs as well as any capital investment. The scope of facility investment has outgrown a single source of revenue so outside support is necessary. The common practice in cities today is combining Police and Fire Department facilities into a joint Public Safety Facility model. This allows for shared conference/training, fitness, and the Emergency Operations facilities. In the exploration process staff engaged with architects to consider options and preliminarily, an approach could work of expanding the existing Fire Department facility. This would address space needs for the Fire Department that has grown since the building was constructed. This option is estimated to cost $12MM - $15MM, and would require outside assistance in the form of State Bonding, Federal funding, grants, etc. It would also require a re-examination of the City’s Street reconstruction program to avoid levy impact. The existing roof structure is designed to carry snow and wind loads, which are less than the load of a second floor. Thus, lateral expansion and reworking of the current layout would be required. Architects are working on a plan to maximize what is available as much as possible, at a preliminary estimated cost of $5MM. This would not include all amenities desired by the department due to the nature of the structure and the options for renovations available. Some renovations can be started with the contract revenue to better fit needs and make the space more useful in the future use if the department moves. CONSIDERATIONS OF CURRENT BUILDING VS FIRE DEPARTMENT ADDITION CURRENT BUILDING PUBLIC SAFETY BUILDING • Reconfiguration could maximize use of existing footprint • Construction method limits reconfiguration ability and space • Ability to share duplicate needs of Fire and Police • Cost is prohibitive for taxpayers to fund without outside help DECISION POINTS Over the course of the year, staff from both Saint Anthony Village and Falcon Heights have worked to address risks and concerns with a renewed partnership, including: • Revising the contract to better protect from financial impacts of critical incidents • Addressing department feedback and protecting from additional required overtime • A financial plan to ensure no levy impact to Saint Anthony taxpayers • Began work toward a facility upgrade solution that is feasible for the community FOR COUNCIL CONSIDERATION Below are the specific decision points for the City Council: • Approval of renewing the policing services partnership with Falcon Heights • Authorize staff to complete negotiations and finalize draft contract to be effective March 1, 2025 • Commitment to facility upgrades ATTACHMENTS: • Presentation • DRAFT Contract • Resolution 24-072 10/18/2024 1 Renewed Police Services Contract Between Saint Anthony Village and Falcon Heights Phase 3 Partnership Decision October 22, 2024 City Council Work Meeting BACKGROUND INFORMATION In early 2024, officials from the City of Falcon Heights approached Saint Anthony Village on renewing a policing services partnership. Falcon Heights has contracted with the Ramsey County Sheriff’s Office since January 2018, and the contract will expire on February 28, 2025. Falcon Heights is seeking long-term policing services beginning on March 1, 2025. Saint Anthony Village currently provides policing services to the City of Lauderdale and previously provided policing services to Falcon Heights from 1994 through 2017. The previous partnership with Falcon Heights was highly valued in both communities. 10/18/2024 2 BACKGROUND INFORMATION On April 23, 2024 the City Council approved continuing the exploratory process of a renewed police service partnership with the City of Falcon Heights. As a part of the discussion Council noted the following particular items they would like to review as the process continued: Lessons learned from the previous relationship A Police Department SWOT Analysis Benefits to the City and the Police department on a renewed partnership Appropriately sharing/mitigating financial risk Financial plan that would not increase the Saint Anthony tax levy from a renewed partnership A staffing plan and timeline to support expansion of the department when hiring is very challenging UPDATE ON THE PROCESS Staff has continued to work through the exploratory process and is offering an update on the following areas: Decision Timeline Benefits and risks •Lesson Learned from Previous Partnership •Police Department SWOT Analysis •Department Staff Feedback Phased Staffing Plan Contract •Appropriate Sharing of Financial Risk •Financial Plan Facility Needs 10/18/2024 3 DECISION TIMELINE City of Falcon Heights explored temporary options with neighboring agencies on temporary services without success and made a request to the Ramsey County Sherriff's Office (RCSO) to extend services through 2025. The RCSO declined and offered no more than two extra months of coverage, through February 28, 2025. PHASE 1 Consider Concept Preliminary conversations and a joint meeting was held between the Falcon Heights and St. Anthony City Councils to explore a renewed partnership Gather & analyze the feedback received from our community and police department. Decision on whether to move forward is made based on final contract terms and agreed-upon timeframe October 22, 2024 Implementation of new agreement if decision is made to renew partnership PHASE 2 Stakeholder Input PHASE 3 Partnership Decision PHASE 4 Implement LESSONS LEARNED FROM THE PREVIOUS RELATIONSHIP & SHARING RISK As formal and informal conversations have taken place and community feedback has been received on this topic, three areas of concern have been raised: Ensure participating City Councils foster an effective partner relationship Clearly defined service expectations, chain of command, and authority over policing strategies Appropriate sharing of financial impact related to extraordinary incidents 10/18/2024 4 LESSONS LEARNED FROM THE PREVIOUS RELATIONSHIP & SHARING RISK Ensure Participating City Councils foster an effective partner relationship The three participating City Councils should establish a formal and informal commitment to regularly communicating and building relationships. This may include coordinating attendance at conferences and events or an annual joint formal meeting that may or may not focus on police services. The overall objective to be that the policy-makers who ultimately control the partnership maintain continuity as members change and each community evolves to enhance stability for the Police Department and the Police Officers who would serve the combined communities of Saint Anthony Village, Falcon Heights and Lauderdale. LESSONS LEARNED FROM THE PREVIOUS RELATIONSHIP & SHARING RISK Clearly defined service expectations, chain of command, and authority over policing strategies The top administrative personnel from each city and the chosen command staff from the Police Department should meet and discuss police services and community needs on a regular basis. This will be in the form of a Joint Operations Committee that will meet quarterly. The objective would be to improve communication between the partner cities and ensure expectations of the Police Department are clearly understood and balances consistency with the unique needs of each partner city. 10/18/2024 5 LESSONS LEARNED FROM THE PREVIOUS RELATIONSHIP & SHARING RISK Appropriate sharing of financial impact related to extraordinary incidents City staff from Saint Anthony and Falcon Heights coordinated with our respective City Attorneys and the League of Minnesota Cities Insurance Trust to draft language to address this concern. POLICE DEPARTMENT SWOT ANALYSIS & BENEFITS TO CITY & POLICE DEPARTMENT Police Department leadership staff conducted a SWOT Analysis, which contains the anticipated benefits to the Police Department, and thus to the City of Saint Anthony Village of a renewed partnership within the ‘Opportunities’ section. 10/18/2024 6 INPUT FROM THE ST. ANTHONY POLICE DEPARTMENT The City of St. Anthony Village engaged Chad Weinsten from Ethical Leaders in Action, Inc. to gather input. APPROACH Interviewed nearly all department personnel including command staff, patrol officers, investigations and non-sworn staff. LEARNING TO DATE •Commitment to professionalism •Love of work culture •Support for and trust in police leadership •Partnership must be done right INPUT FROM THE ST. ANTHONY POLICE DEPARTMENT WHAT DOES DOING IT RIGHT MEAN? While generally open to a renewed partnership some officers expressed considerable concerns to be discussed; which are reflected below: RELATIONSHIP CONCERNS •Mutual trust needs to be established and relations need to be developed •Confidence department will be supported when use of force incidents take place OPERATIONAL CONCERNS •Cannot provide effective services before 1/1/2026* •Recruitment and training for new officers are top priority •Expansion of police facility would be necessary * In reference to providing an equal level of current services to Falcon Heights by 1/1/2026 10/18/2024 7 STAFFING PLAN The department analyzed call data and identified the following additional personnel to support expansion: Patrol Officers Additional patrol officers same as previous contract 4 Swing Shift Patrol Additional officers during high call volume time 2 Investigator Investigative capacity to adequately address call type needs 1 Community Engagement Officer Sworn officer to coordinate community engagement for all cities 1 Administrative Support Additional administrative capacity similar to previous contract 1 Total additional personnel needed 9 STAFFING PLAN CURRENT STATUS On July 1, 2024, the authorized sworn officer strength of the Police Department increased to 22. The current staffing level is at 19, and recruitment efforts continue. In order to increase the applicant pool and ability to hire qualified police officers, and ensure additional overtime is not required, the Police Department proposes the following approaches: •Expand the cadet program•Hiring bonus for new officers•Referral bonus•Retention bonus for current officers•Upgraded facility commitment 10/18/2024 8 STAFFING PLAN EXPANSION OF THE CADET PROGRAM There has been some increased interest in the Cadet program, which has a current authorized strength of two (2). The police department has two cadets, who will complete their college education and the Skills program in 2025. Many police departments are finding most success in a long-term solution, in which potential new officers are identified while still completing their college degrees. The department would pay for part of their education, while also employing them as a Cadet on a part-time basis. Once their education is complete, they would be hired as a full-time police officer. Staff is proposing that this authorized strength be increased to six (6), which will increase our ability to promote more cadet candidates to the police officer position when they have finished their required college education. An evaluation of hourly compensation and incentives should also be conducted to ensure that St. Anthony is consistent with industry standards. STAFFING PLAN HIRING BONUS Staff proposes offering a one-time hiring bonus for entry level officers and for lateral level officers. Half of the bonus would be paid upon successful completion of the field training program and the remaining balance at the end of the one-year probationary period. Each officer would be required to repay this amount if their employment ends either voluntarily or involuntarily within two years of the date of hire. REFERRAL BONUS Staff proposes the offering of a one-time lump sum referral bonus to any current St. Anthony Police Department employee who refers an eligible police officer who applies, is hired, and successfully completes the field training program. 10/18/2024 9 STAFFING PLAN RETENTION BONUS Hiring a new officer that is self-sufficient takes thousands of dollars and approximately 6-9 months’ time. During the building phase of 2025, there will be an increased workload on current personnel, and it is important that they are supported and given additional financial incentive to remain a member of the St. Anthony Police Department. Staff is recommending a retention bonus for all current licensed police officers and office staff who are employed during the entire year of 2025, payable as a percentage of their annual base salary. UPGRADED FACILITY COMMITMENT A significant upgrade to the current police facility or a new facility is necessary for the daily operation of a modern 21st Century police department. This is due to the need for space for additional personnel, evidence handling and retention, officer wellness, training, emergency operations, and aesthetics. This will make St. Anthony consistent with most other police departments in the metropolitan area. As a recruitment tool, this is vitally important. CONTRACT Staff has used the current contract with the City of Lauderdale to enhance and integrate Council feedback to address risks. The current draft is included in the packet for review. Various areas were updated including: Updated grammatical, clarifying and formatting changes throughout Definitions added and expanded language on services, termination and breach Expanded liability and financial risk sharing language added Addendum added to cover implementation phase: •March 1, 2025 – Initial phase of patrol as able and emergency response •July 1, 2026 (or as agreed upon) – Mid-stage phase to commit to daily patrol and emergency calls •January 1, 2027 (or as agreed upon) – Full-stage phase of full staff and full services 10/18/2024 10 FINANCIAL PLAN CONTRACT PRICE METHODOLOGY Determined by allocating costs based on a 50/50 blend of population percentage and call volume percentage, applied to total police costs. Numbers are rounded for clarity. POPULATIONS (2020 US CENSUS) TOTAL SAV FH LD 17,000 9,300 5,400 2,300 55% 32% 13% CALLS FOR SERVICE YEARLY AVG ON SAV PRACTICE TOTAL SAV FH LD 12,600 7,900 2,800 2,100 62% 22% 16% BLENDED COMBINED COSTS 50% SAV FH LD POP 55% 32% 14% CALLS 62% 22% 16% BLENDED 58% 27% 15% FINANCIAL PLAN APPROXIMATE FULL SERVICES CONTRACT PRICE This is updated from the previous estimate based on 2025 budgeted costs that include the upward pressure on wages for sworn officers. Numbers are rounded for clarity, assume full staffing on January 1, 2026 and accelerated by a 4% inflation assumption for 2026: This approach would take effect when full staffing is achieved, and full services can be delivered. *All or a portion of can be dedicated to funding facility renovations/expansions. Additional personnel, operating and equipment costs $1,615,500 Shared Fixed costs and capital contribution* $263,700 Approximate contract price in 2026 (full services) $1,879,200 10/18/2024 11 FINANCIAL PLAN RAMP-UP SERVICES CONTRACT PRICE Given the short timeline to begin even minimal services, applying the proposed pricing approach in the initial stages would be extremely difficult. Staff from Saint Anthony Village and Falcon Heights have agreed that a “lump sum” pricing approach for the initial phases is appropriate for simplicity and ensuring there is no levy impact for Saint Anthony residents. Proposed pricing is below based on available hours of active patrol and covers all recruitment and training costs and all equipment costs. Falcon Heights will be billed monthly, and the Options Committee will determine when to move tiers: 8 Hour 12 Hour 16 Hour 20 Hour 24 Hour Personnel $686,433 $843,288 $1,010,143 $1,196,999 $1,423,854 Equipment $191,660 $191,660 $191,660 $191,660 $191,660 Total $878,093 $1,034,948 $1,201,803 $1,388,659 $1,615,514 FINANCIAL PLAN FACILITY UPGRADES NEEDS The police department, as a component of the 1996 city hall building, is short on space and does not meet current demands. Since this building was completed both Saint Anthony Village and policing have changed. There are spaces that are missing, such as a large training room, an Emergency Operations Center, dedicated sallyport, evidence processing, several offices, and a garage sized to house all of the departments squad cars. •Current Police Department: 9,200 sf•If it was constructed today: 30,000 sf 10/18/2024 12 FINANCIAL PLAN PUBLIC SAFETY FACILITY The common practice in cities today is combining police and Fire Department facilities into a joint Public Safety Facility model. This allows for shared conference/training, fitness, and the Emergency Operations facilities. In the exploration process staff engaged with architects to consider options and preliminarily, an approach could work of expanding the existing Fire Department facility. This would address space needs for the Fire Department that has grown since the building was constructed. This option is estimated to cost $12MM - $15MM, and would require outside assistance in the form of State Bonding, Federal funding, grants, etc. It would also require a re-examination of the City’s street reconstruction program to avoid levy impact. FINANCIAL PLAN EXPAND CURRENT FACILITY The existing roof structure is designed to carry snow and wind loads, which are less than the load of a second floor. Thus, lateral expansion and reworking of the current layout would be required. Architects are working on a plan to maximize what is available as much as possible, at a preliminary estimated cost of $5MM. This would not include all amenities desired by the department due to the nature of the structure and the options for renovations available. Some renovations can be started with the contract revenue to better fit needs and make the space more useful in the future use if the department moves. 10/18/2024 13 FINANCIAL PLAN From the beginning of the exploratory process community feedback was clear that in increase to the tax levy as a result of expanding the Police Department was not supported. Thus, revenue from a police services contract would need to cover additional operational costs as well as any capital investment. The scope of facility investment has outgrown a single source of revenue so outside support is necessary. CONSIDERATIONS OF CURRENT BUILDING VS FIRE DEPARTMENT ADDITION CURRENT BUILDINGCCC PUBLIC SAFETY BUILDING Reconfiguration could maximize use of existing footprint Construction method limits reconfiguration ability and space Ability to share duplicate needs of Fire and Police Cost is prohibitive for taxpayers to fund without outside help A “Public Safety Facility” approach would be explored as the preferred option and the Community Center building expansion being a secondary option DECISION POINTS Over the course of the year, staff from both Saint Anthony Village and Falcon Heights have worked to address risks and concerns with a renewed partnership, including: •Revising the contract to better protect from financial impacts of critical incidents•Addressing department feedback and protecting from additional required overtime•A financial plan to ensure no levy impact to Saint Anthony taxpayers•Began work toward a facility upgrade solution that is feasible for the community FOR COUNCIL CONSIDERATION •Approval of renewing the policing services partnership with Falcon Heights•Authorize staff to complete negotiations and finalize draft contract to be effective March 1, 2025•Commitment to facility upgrades 10/18/2024 14 STAY INFORMED To receive updates as we go through the decision-making process, you can sign up for NOTIFICATIONS by visiting savmn.com, clicking the yellow Notifications button on the home page, and choosing “What’s Happening in St. Anthony Village.” Visit our websites to learn more detailed information on the potential policing partnership and St. Anthony Police Department’s Contract Services. ●Frequently Asked Questions ●Who to Contact with Concerns ●About the SAPD ●Background on both cities St. Anthony Village: savmn.com/sapd- contract-services Falcon Heights: falconheights.org Thank You Contract Agreement for Police Services Page 1 CONTRACT AGREEMENT FOR POLICING SERVICES This Agreement is made and entered into as of ,2025 between the CITY OF ST.ANTHONY,a municipal corporation under the laws of the State of Minnesota ("St.Anthony")and the CITY OF FALCON HEIGHTS,a municipal corporation under the laws of the State of Minnesota ("Falcon Heights"),each a “Party” and collectively the “Parties”. I.RECITALS . WHEREAS,Falcon Heights is need of,and desires to contract for,the performance of “Policing Services” for and within the jurisdictional boundaries of Falcon Heights by and through the St.Anthony Police Department; and WHEREAS,St.Anthony agrees to render such Policing Services on the terms and conditions hereinafter set forth; and WHEREAS,this Agreement is authorized and provided for by the provisions of Minnesota Statutes § 412.221, Subd 2., § 471.59 and § 436.05. NOW THEREFORE ,in consideration of the foregoing and of the mutual promises set forth herein, the Parties hereto agree as follows: II.DEFINITIONS . The following terms used in this Agreement shall have the meanings given to them in this section. A.“Agreement ” has the meaning set forth in the preamble to this Agreement and shall include all Exhibits and Appendices hereto. B.“Applicable Law ” means all applicable laws, statutes, and ordinances, rules and regulations of any Governmental Authority. C.“Business Day ” means any day other than a Saturday, Sunday or any day which is a federal holiday in the United States of America. D.“Calls for Service Ratio ” The ratio which a single city' s calls for service bears to the calls for service of all participating cities, expressed in percent to the nearest tenth of one percent. E.“Contract Cities” means Lauderdale, Falcon Heights and any other city that contracts with St. Anthony for Policing Services. F.“Interest Rate ” means 0.04% per day or the maximum rate of interest allowed under Applicable Law, whichever is lower. G.“Joint Operations Committee” has the meaning set forth in section X. H.“Policing Services” has the meaning set forth in section IV. I.“Population Ratio ” The ratio which a single city' s population bears to the population of all participating cities, expressed in percent to the nearest tenth of one percent. Contract Agreement for Police Services Page 2 III.TERM , TERMINATION , BREACH . A.TERM.The services to be performed under this Agreement will commence March 1,2025,and shall continue through December 31,2030 (“Term”),or until terminated pursuant to the provisions of this Agreement. B.TERMINATION .Either Party may terminate this Agreement for any reason or no reason by written notice of its intention not to renew mailed to an authorized representative of the non-terminating Party no later than two (2)years prior to the expiration of the Term.Upon the expiration or termination of this Agreement,Falcon Heights shall only be responsible to pay for the Policing Services rendered prior to the effective date of termination. C.BREACH.Either Party may terminate this Agreement in the event of a material breach of this Agreement by either Party,or any officer,employee,agent or authorized representative as follows: The non-breaching Party shall give the breaching Party a written notice specifying the alleged breach and ninety (90)days to cure the breach.If such breach (if curable)is not cured within such time,the non-breaching Party may terminate the Agreement effective within thirty (30)days upon written notice of termination. IV.SERVICES . St.Anthony,by and through its police department (“SAVPD”)will provide Falcon Heights with policing services as described herein.Such policing services shall be of a caliber identical to those currently provided to persons and property within St. Anthony. Falcon Heights agrees that the Principles and Practices of St.Anthony will prevail as the enforcement policies within Falcon Heights.A written statement of the current Principles and Practices of St.Anthony shall be provided to Falcon Heights prior to the effective date of this Agreement Notwithstanding the foregoing and subject to the conditions set forth in Appendix A,such policing services can include but are not limited to the following: A.Patrol services, with random patrolling of all residential, business and public property areas during all shifts B.Police presence within the boundaries of Falcon Heights 24 hours each day C.Animal control services by the animal control service employed by St. Anthony D. Dispatching services are to be paid directly by the municipality served by Ramsey County Dispatch E.Enforcement of Minnesota State statutes and all ordinances of Falcon Heights which are intended to be enforced by police officers, with special attention being given to parking, winter and nuisance ordinances, but excluding ordinances which are primarily regulatory in nature such as zoning ordinances and building codes F.Ticketing for traffic violations G.Crime prevention programs that encourage community involvement and investment in the City of Falcon Heights; in appropriate cases, referrals will be made to the Northwest Contract Agreement for Police Services Page 3 Youth and Family Services Youth Diversion Program H.Criminal investigative services I.Reports on police services and activities, including weekly, monthly, and annual police reports sent to Falcon Heights J.Responses to medical emergencies, fires and other emergencies. Responses shall include where appropriate: securing the scene for fire/rescue personnel, accompanying fire/rescue personnel to the hospital upon request of such personnel, and providing follow-up information to fire/rescue personnel upon request of such personnel K.Officers will be available at Falcon Heights City Hall to answer questions from, and provide information regarding police activities to Falcon Heights residents, business owners and staff on an as-needed basis as determined by SAVPD L.License inspections, background investigations and license enforcement services as called for under applicable state law or city ordinances M.Review and comment, upon request, of proposed Falcon Heights ordinances affecting police services or enforcement N.Follow-up on reported crimes with reporting party(s), including routine notification by telephone or mail as to the status of the investigation O.Special event traffic patrol services P.Attendance at public safety or City Council meetings as requested by Falcon Heights, and Q.Such other law enforcement functions and services as may be required by Falcon Heights that fall within the duties and functions of the type customarily performed by a municipal police department and are in congruence with the enforcement policies of SAVPD. V.IV.PAYMENT FOR SERVICES . In consideration of the services to be provided under this Agreement,Falcon Heights shall pay a pro-rated share of the St.Anthony Police Budget determined by a two -factor cost-sharing formula for each contract year. The factors of the formula, and the weight to be given to each, are defined as follows: A.Population of Each Contract City . The population of each Contract City and St. Anthony shall be computed from the then most recent Metropolitan Council estimate. Provided, however, that in a census year when there is a new census figure available of the year prior to the Contract Year, the new census figure shall be used. B.Calls for Service . A call for service is an event requiring a response, intervention or investigation by St. Anthony whether generated by a request from a citizen, law enforcement agency, or other person, or on the initiative of a police officer or a policy of the St. Anthony Police Department. Calls for service for each Contract City and St. Anthony shall be calculated by totaling the calls for service during the 12 -month period next preceding the current Contract Year. C.Weight of Factors . The weight to be allocated to each of the three factors is as follows will continue into the future unless changed by agreement of all Contract Cities and St. Anthony: Contract Agreement for Police Services Page 4 City Population 50% Calls for Service 50% The Population Ratio and Calls for Service Ratio of each city shall be converted to dollars by multiplying each ratio of each city (expressed in percent) by the SAVPD budget final total and multiplying that product by the weight for each factor (expressed in percent) for the appropriate year. VI.METHOD OF PAYMENT . St.Anthony will bill Falcon Heights monthly for 1/12 of the annual fee,and Falcon Heights will promptly remit payments to St.Anthony within 30 days after receiving each billing from St.Anthony.St.Anthony shall submit an invoice to Falcon Heights on a monthly basis for 1/12 of the agreed upon annual fee.Falcon Heights shall promptly notify St.Anthony in writing of any invoice inaccuracies,missing documentation, charges not in accordance with the Agreement or of any other reason why the invoice is not fully approved. St.Anthony shall promptly cure any inaccuracies or other reasonable issues identified by Falcon Heights and resubmit a new invoice.If Falcon Heights fails to identify any such issues within three (3)Business Days following submission of such invoice to Falcon Heights,then such invoice shall be deemed approved. The amount owing under any invoice approved by Falcon Heights shall be payable to St.Anthony no later than thirty (30)Business Days from the date of receipt.Any late payment shall bear interest at the Interest Rate from the date such payment was due. VII.INSURANCE. Falcon Heights,at its expense shall procure and maintain in force for the duration of this Agreement the following minimum insurance coverages: A.General Liability .Falcon Heights agrees to maintain comprehensive municipal liability coverage in the minimum amount of $2,000,000 per occurrence;$2,000,000 annual aggregate.The policy shall cover liability arising from premises,operations,products-completed operations,personal injury, advertising injury,and contractually assumed liability.St.Anthony shall be endorsed as additional insured. B.Excess Liability .Falcon Heights agrees to maintain excess liability coverage in the minimum amount of $2,000,000 per occurrence. St. Anthony shall be endorsed as an additional insured. C.Primary Insurance .The coverage afforded to the additional insureds shall be primary and noncontributing with any other insurance maintained by the additional insureds. D.Subrogation . There shall be a waiver of subrogation in favor of the additional insureds. Additional Insurance Conditions . Falcon Heights shall,prior to receiving Policing Services,deliver to St.Anthony a Certificate of Insurance as evidence that the above coverages are in full force and effect. St.Anthony,at its expense shall procure and maintain in force for the duration of this Agreement the following minimum insurance coverages: 1.General Liability .St.Anthony agrees to maintain comprehensive municipal liability coverage in the minimum amount of $2,000,000 per occurrence;$2,000,000 annual aggregate.The policy shall Contract Agreement for Police Services Page 5 cover liability arising from premises,operations,products-completed operations,personal injury, advertising injury,and contractually assumed liability.Falcon Heights shall be endorsed as additional insured. Automobile Liability .St.Anthony agrees to maintain motor vehicle liability coverage,including owned, hired, and non-owned automobiles, with a minimum i.$2,000,000 combined single limit per occurrence. Workers Compensation .St.Anthony agrees to provide Workers’Compensation insurance for all its employees in accordance with the statutory requirements of the State of Minnesota.St.Anthony shall also carry Employers’ Liability Coverage with minimum limits are as follows: 1.$500,000 – Bodily Injury by Disease per employee 2.$500,000 – Bodily Injury by Disease aggregate 3.$500,000 – Bodily Injury by Accident Additional Insurance Conditions . St.Anthony shall,prior to commencing the Police Services,deliver to Falcon Heights a Certificate of Insurance as evidence that the above coverages are in full force and effect. VIII.LIABILITY . A.Indemnification .Except for automobile liability claims,Falcon Heights agrees to indemnify,defend, and hold harmless.St.Anthony and its officers,agents,and employees against any claim for damages arising out of St.Anthony’s or failure to perform its obligations under the terms of this Agreement.St.Anthony agrees to indemnify,defend,and hold harmless Falcon Heights and its officers,agents and employees from all auto liability claims arising out of St.Anthony’s performance of its obligations under the terms of this Agreement. St.Anthony shall not be responsible for the cost of any claims,alleged injuries,or damages received by any person or property resulting from any negligence,act,or omission of St.Anthony, its officers,agents,or employees in carrying out the terms and conditions of this Agreement except in instances where such costs exceed Falcon Heights’$4 million dollar coverage.St.Anthony shall indemnify,defend,and hold harmless Falcon Heights only to the extent that such claims exceed $4 million.If Falcon Heights’coverage limit is exhausted,Falcon Heights and its coverage provider shall have no further obligation to defend St.Anthony.However,upon the advice of defense counsel and the liability coverage provider for each party,Falcon Heights and St.Anthony may cooperate in the defense of any action.Nothing herein shall be construed to provide coverage or indemnification to an officer,agent,or employee of any Party for any act or omission for which the officer,agent,or employee,was not acting in the performance of the duties of their position,and/or is guilty of malfeasance in office, willful neglect of duty, or bad faith. Except as otherwise specified,Falcon Heights shall not be called upon to assume any liability for the direct payment of any salaries,wages,or other compensation to any St.Anthony personnel performing services pursuant to this Agreement for said Falcon Heights,and St.Anthony hereby assumes said liabilities. Except as otherwise specified,Falcon Heights shall not be liable for compensation or indemnification to any St.Anthony employee for injury or sickness arising out of the performance of services pursuant to this Agreement,and St.Anthony hereby agrees to indemnify,defend,and hold harmless Falcon Heights against any such claim. Contract Agreement for Police Services Page 6 St.Anthony,its officers and employees shall not be deemed to assume any liability for intentional misconduct or negligent acts of Falcon Heights or of any other officers,agent,or employee thereof, and Falcon Heights shall hold St.Anthony and its officers and employees harmless from,and shall defend and indemnify St.Anthony and its officers and employees against any claim for damages arising out of Falcon Heights'negligent performance or failure to perform its obligations pursuant to this Agreement. B.Attorney ’s Fees.Should either Party resort to litigation to enforce this Agreement,the prevailing shall be entitled,in addition to such other relief as may be granted,to recover its own reasonable attorneys'fees and other costs associated in such litigation from the Party against whom enforcement was sought. C.Force Majeur e.Neither Party shall be liable for failure to perform its obligations under the Agreement if such failure results from circumstances unforeseen and beyond the reasonable control of the Party affected,which materially affects its performance hereunder (a “Force Majeure Event”).A Force Majeure Event includes,but is not limited to,fire,flood,typhoon,earthquake, terrorism,strike,or regional or national labor disputes.The affected Party will notify the other Party as soon as practicable after the occurrence of a Force Majeure Event,and shall use commercially reasonable efforts to mitigate or cure the effect of the Force Majeure Event.In the event that the Force Majeure Event continues for a period exceeding thirty (30)days,then either Party may terminate this Agreement upon written notice to the other Party.Neither Party shall pay damages to the other Party for termination of this Agreement due to a Force Majeure Event. D.Waiver .Nothing in this Agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statute §466 or a waiver of any available immunities or defenses.No exercise of any right or remedy by either Party shall constitute a waiver of any other right or remedy contained herein or provided by Applicable Law.Nothing herein shall be construed to provide insurance coverage or indemnification to an employee,official or agent of any Party for any act or omission for which the employee,official or agent is guilty of malfeasance in office,willful neglect of duty or bad faith. IX.ADMINISTRATIVE RESPONSIBILITY . Any Policing Services rendered to Falcon Heights will be under the sole direction of St.Anthony.The standards of performance,the hiring and discipline of officers assigned,and other matters relating to regulations and policies related to police employment,services and activities,will be within the exclusive control of St.Anthony.The Parties hereto expressly affirm the importance of work force diversity and St. Anthony agrees to use reasonable efforts,within applicable departmental budgetary limits,to recruit qualified female and minority police officers. X.JOINT OPERATIONS COMMITTEE . St.Anthony and Contract Cities will appoint members to a Joint Operations Committee.The Committee will consist of top administrative and police command staff and will meet at least once per quarter to ensure that this Agreement and the services performed pursuant to this Agreement are meeting the expectations of St. Anthony and the Contract Cities. Parties will evaluate the staffing needs regularly as part of the Joint Operations Committee.Adjustments to the staffing plan will be made based on crime trends,call volumes,and other relevant factors to ensure optimal police service for all Contract Cities. Contract Agreement for Police Services Page 7 XI.COMMUNICATIONS, EQUIPMENT AND SUPPLIES . St.Anthony will furnish all communication equipment and any supplies required for the performance of Policing Services under this Agreement. XII.COOPERATION AND ASSISTANCE AGREEMENTS . Falcon Heights will be included in all Cooperative Agreements such as Special Weapons and Tactics (SWAT),Violent Crimes Enforcement Team (VCET),entered into by the SAVPD with other police services units. XIII.HEADQUARTERS . Headquarters for services rendered to Falcon Heights under this Agreement will be located at offices owned or leased by St.Anthony.The citizens of Falcon Heights may notify headquarters or Ramsey County radio dispatch for police services requested either in person or by some other means of communication.St. Anthony officers may take routine telephone calls and complete routine reports for Falcon Heights at the Falcon Heights City Hall,and Falcon Heights will have facilities available to the officers at Falcon Heights City Hall for this purpose. XIV.EMPLOYEES OF ST. ANTHONY . Officers assigned to duty in Falcon Heights will at all times be employees of St.Anthony.All obligations with regard to workers compensation,PERA,withholding tax,insurance and similar personnel and employment matters will be the obligation of St.Anthony.Falcon Heights will not be required to furnish any fringe benefits or assume any other liability of employment to any officer assigned to duty within Falcon Heights. XV.OFFICERS OF FALCON HEIGHTS . The officer’s assigned duty within Falcon Heights will be cross-deputized so as to enforce the laws of the Falcon Heights by proper action to be taken by the Falcon Heights City Council,and while performing services under this Agreement will be considered police officers of Falcon Heights.The Chief of Police of St.Anthony will furnish to the Falcon Heights City Administrator the names of all St.Anthony police officers assigned to Falcon Heights, and all such officers will be appointed officers of the City of Falcon Heights. XVI.OFFENSES All offenses within Falcon Heights charged by police officers under this Agreement will be charged in accordance with Falcon Heights'ordinances when possible;otherwise,the charge will be made in accordance with the laws of the State of Minnesota or the laws of the United States of America. XVII.COMMUNICATIONS . St.Anthony agrees to provide the Falcon Heights Administrator with weekly,monthly,and annual police reports,in a format as is mutually agreed to by the St.Anthony Police Chief and the Falcon Heights City Administrator. The St.Anthony Police Chief will regularly communicate with the Falcon Heights City Administrator in order to ensure that Falcon Heights is knowledgeable about any police activity in the City,and at the request of the Administrator, the Police Chief will make presentations to the Falcon Heights City Council. Contract Agreement for Police Services Page 8 XVIII.PROSECUTION COSTS, REVENUES . Falcon Heights will pay all costs of prosecution for all offenses charged within its boundaries or under its ordinances.Law Enforcement Assistance Administration (“LEAA”)funds and all funds legally confiscated and property forfeited will be retained by St.Anthony.Revenue from fines levied within Falcon Heights will be paid to Falcon Heights. Peace Officer Standards and Training funds will be used for officer training. XIX.REVIEW OF AGREEMENT . From time to time the terms and conditions of this Agreement shall be reviewed and revised,as St.Anthony and Falcon Heights deem necessary. XX.GENERAL PROVISIONS A. Entire Agreement .This Agreement,together with all Appendices and Exhibits hereto,embodies the entire agreement and understanding of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements and understandings of the Parties, whether verbal or written, relating to the subject matter hereof. B. Assignment .Neither Party shall assign its interests or rights under this Agreement to any third party without the prior written consent of the other Party, which shall not be unreasonably withheld. C. Amendments .Any modification or amendment to this Agreement shall require a written agreement signed by both Parties. D.Compliance with Law .In connection with Policing Services rendered hereunder,St.Anthony agrees to abide by all federal, state, and local laws, ordinances and regulations. E.Governing Law .This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota. Jurisdiction .Any action or proceeding seeking to enforce any provision of,or based on any rights arising out of,this Agreement shall be brought against either of the parties in the jurisdiction of the Ramsey County District Courts and each of the Parties consents to the jurisdiction of such courts in any such action or proceeding and waives any objection to venue laid therein. F. Government Data/Privacy .St.Anthony agrees to abide by the applicable provisions of the Minnesota Government Data Practice Act,Minnesota Statues,Chapter 13,HIPAA requirements and all other applicable state or federal rules,regulations or orders pertaining to privacy or confidentiality.St.Anthony understands that all of the data created,collected,received,stored, used,maintained or disseminated by St.Anthony in performing those functions that Falcon Heights would perform is subject to the requirements of Chapter 13.This does not create a duty on the part of St.Anthony to provide the public with access to public data if the public data is available from Falcon Heights, except as required by the terms of this Agreement. G. Waiver.The waiver by either party of any breach or failure to comply with any provision of this Agreement by the other Party shall not be construed as,or constitute a continuing waiver of such provision or a waiver of any other breach of or failure to comply with any other provision of this Agreement. H. Notices .All notices and other communications made pursuant to this Agreement must be in writing and shall be conveyed to the Parties by registered or certified mail,postage prepaid,or delivered by hand at the addresses set forth below: Contract Agreement for Police Services Page 9 Notice to St. Anthony :City of St. Anthony 3301 Silver Lake Rd NE St. Anthony, MN 55418 Attn: City Manager Notice to Falcon Heights :City of Falcon Heights 2077 Larpenteur Ave. W. Falcon Heights, MN 55113 Attn: City Administrator I. Severability .If a court finds any portion of this Agreement to be contrary to law,invalid,or unenforceable, the remainder of the Agreement will remain in full force and effect. J. Counterparts .This Agreement may be signed in counterparts,each of which shall be deemed an original,and which taken together shall be deemed to be one and the same Agreement. K. Headings .Section headings are for reference only and are not intended to create substantive rights or obligations. L. Effective Date .This Agreement is effective on the date last executed by one of the Parties below. . The parties hereto have executed this Agreement as of the date first above stated. CITY OF FALCON HEIGHTS CITY OF ST. ANTHONY By: By: ___________________________ Mayor Mayor By: By:___________________________ City Administrator City Manager Date: Date: _______________ Contract Agreement for Police Services Page 10 Appendix A: Contract Start-up Staffing This appendix outlines the phased implementation of dedicated police staffing for Falcon Heights under the Agreement for Police Services between the City of St. Anthony and the City of Falcon Heights. 1. Initial Staffing Phase - March 1, 2025 By March 1, 2025, the City of St. Anthony will provide 3.0 full-time equivalent (FTE) officers who will be assigned to Falcon Heights. These officers will provide an average of 8 hours of daily coverage within the jurisdictional boundaries of Falcon Heights. This coverage will include continuous patrolling, and response to emergency and non-emergency calls at any time of the day. Coverage levels may be modified by mutual agreement of the Joint Operations Committee based on available staffing levels of the St. Anthony Police Department. 2. Second Staffing Phase - July 1, 2026 By July 1, 2026, the City of St. Anthony will increase the number of dedicated officers to 5.0 FTE officers, ensuring 24/7 coverage within Falcon Heights. This coverage will include continuous patrolling and response to emergency and non-emergency calls at any time of the day. This may be modified by mutual agreement of the Joint Operations Committee based on available staffing levels of the St. Anthony Police Department. This Staffing Phase will continue until the department has reached a total of 26 trained and self-sufficient police officers (completed field training) on staff. 3. Full Staffing Phase The City of St. Anthony will continue to scale the number of sworn officers and non-sworn personnel until 8.0 FTE sworn officers and 1.0 FTE non-sworn personnel are hired to provide comprehensive police coverage for the entire contract area. The timeline for this growth will be mutually agreed upon by both cities based on available personnel. Contract Agreement for Police Services Page 11 Appendix B: Contract Start-up Pricing This appendix outlines the phased pricing for Falcon Heights under the Agreement for Police Services between the City of St. Anthony and the City of Falcon Heights. Pricing is based on available hours of active patrol and covers all recruitment and training costs and all equipment costs. Falcon Heights will be billed monthly, and the Options Committee will determine when to move tiers: 8 Hour 12 Hour 16 Hour 20 Hour 24 Hour Personnel $686,433 $843,288 $1,010,143 $1,196,999 $1,423,854 Equipment $191,660 $191,660 $191,660 $191,660 $191,660 Total $878,093 $1,034,948 $1,201,803 $1,388,659 $1,615,514 CITY OF ST. ANTHONY HENNEPIN AND RAMSEY COUNTY, MINNESOTA RESOLUTION 24-072 A RESOLUTION APPROVING TO NEGOTIATE THE AGREEMENT FOR POLICING SERVICES AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID AGREEMENT WHEREAS, in early 2024, the City of Falcon Heights approached the City of Saint Anthony Village requesting to consider renewing a police services partnership, and WHEREAS,the City of Falcon Heights currently contracts police services with the Ramsey County Sheriff’s Office, with contract services expiring on February 28, 2025, and WHEREAS,the City of Saint Anthony Village has conducted an exploratory process to consider the request, including extensive stakeholder input from community members and the St. Anthony Police Department, and WHEREAS,the exploratory process and stakeholder input has been reflected in the police services contract between the two parties, and WHEREAS, the City of Saint Anthony and the City of Falcon Heights desire to enter into a Contract Agreement for Policing Services wherein the City of Saint Anthony agrees to provide police services for the City of Falcon Heights between March 1, 2025 and December 31, 2030, and WHEREAS,the City Council commits to renewing the partnership with the City of Falcon Heights for policing services and authorizes staff to complete finalization of the contract for final City Council approval before March 1, 2025, NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Saint Anthony Village hereby commits to renewing the partnership with the City of Falcon Heights for policing services and authorizes staff to complete finalization of the contract for policing services with the City of Falcon Heights. Passed in regular session of the City Council on the 22nd day of October, 2024. ____________________________________ Wendy Webster, Mayor ATTEST:____________________________ Jennifer Doyle, City Clerk Review for Administration: ____________________________________ Charlie Yunker, City Manager 1 Jennifer Doyle Subject:FW: Online Form Submittal: Public Comments for City Council Meetings From: noreply@civicplus.com <noreply@civicplus.com>   Sent: Tuesday, October 22, 2024 4:13 PM  To: Charlie Yunker <charlie.yunker@savmn.com>  Subject: Online Form Submittal: Public Comments for City Council Meetings    Caution: This email originated outside our organization; please use caution.   Public Comments for City Council Meetings First Name Laura Last Name LaBerge Phone Number 612-237-8495 Email Address ljlabergemn@outlook.com Address 2909 Townview Ave NE City St Anthony State MN Zip Code 55418 Public Comment I am unable to attend the council meeting tonight . I want to express that if you go through with the contract to police Falcon Heights you will be compromising the police coverage of The Village of St Anthony and put those you represent at risk. Going through with the contract will not only pose a safety risk but also potential legal risks to the city for inadequate protection due to the difficulty in finding officers when there is a state wide shortage. Thank you, Laura LaBerge Email not displaying correctly? View it in your browser.     1 Jennifer Doyle Subject:FW: Public Comment: Resolution 24-063 From: Yaacoub Hark <yaacoubhark@gmail.com>   Sent: Tuesday, October 8, 2024 5:49 PM  To: SA City <city@savmn.com>  Cc: Steve Grittman <steve.grittmanconsulting@gmail.com>; *SAPlanner <planner@savmn.com>; Charlie Yunker  <charlie.yunker@savmn.com>; Jennifer Doyle <jennifer.doyle@savmn.com>  Subject: Re: Public Comment: Resolution 24‐063    Caution: This email originated outside our organization; please use caution.     I support resolution 24‐069 denying the request for amended PUD based on my concerns stated previously.  The discussion at the City Council meeting regarding this further reinforced my concerns that none of the  serious issues resolving this were satisfied, as well as exposed that their application process was not  transparent nor consistent.     Thank you for listening.     Yaacoub Hark  2914 & 3000 36th Ave NE  St Anthony    On Sat, Sep 21, 2024 at 11:27 AM Yaacoub Hark <yaacoubhark@gmail.com> wrote:     Honorable Mayor and City Councilmembers—    I am against the proposed PUD amendment per Resolution 24‐063. Aside from the environmental, traffic, and  parking issues raised at the previous discussions, which are themselves serious issues that need addressing  regardless of what is done with this property, my issues with this, as a life‐long SAV resident, are on a more  fundamental level.    If the City's mission is to provide affordable and sufficient housing, this is something they need to enforce and  actively pursue, not passively. Staff needs to do what's best for both the City as a municipality, and its  Residents. Which means providing itself with sufficient tax revenue from projects like this and businesses to  lessen the tax burden on residents' property taxes in the long run.    I know the concern is if the property remains vacant for an extended period of time the same way Walmart  did before The Ruby, but those projects take time. And I'm sure in hindsight The Ruby was worth the wait for  the City tax‐wise. Knee‐jerk reactions should not be taken because it's been two years vacant. Waiting a while  until you get a large housing project is a big plus in the long run, because you create long term housing  opportunities which not only generates property tax revenue but additional tax revenues from the new  residents that that housing puts in our city. Properties and constituents both generate tax revenue and  housing projects generate both new property and new constituents. What drives property taxes higher on   Some people who received this message don't often get email from yaacoubhark@gmail.com. Learn why this is important    2 residents in a City are the decisions that the City takes that affects their tax revenue downstream, and the  residents end up taking the burden especially when it comes to losing tax opportunities to non‐profits.    I have nothing against this project as it is presented, it is just a double whammy for it to be a non‐profit as  well as servicing a community largely not residing in the City of St Anthony. If they had a petition showing a  few thousand SAV residents intending to use this facility, then we would have a different conversation. This  project just seems to be presented as merely a geographic convenience for the community that uses it from  other MSP areas. That convenience, as well as an unfortunately used race‐card, is not a good reason for SAV  to be giving up this opportunity for housing that it has made clear is part of their plan/mission.    We are not a large city like Minneapolis or St Paul, where we have excess/surplus land and zones to assign to  institutions like this one. What we have is scarce and must be used wisely. St Anthony needs to do something  creative with its opportunities, not just make amendments for short term concerns. One option is mixed‐use  (housing with their institution and other businesses), just something that satisfies all. We have other places in  SAV for community centers that can fit their needs, but not many opportunities for new and affordable  housing. But in any case, due to the environmental issues brought up, whatever needs to be done should be  extensive and safe and the City should do what's best for itself as well as those residing in St Anthony as well.  I echo the same ultimate comments made by the vice‐chair of the planning commission at their last  discussion on this: although their organization and mission is a noble one to be supported, on the basis of  housing and taxation, nothing they presented changes the reason for denying this change.    I hope the City can maintain its reputation of being a well‐functioning, non‐partisan municipality and  pragmatic decision maker when it comes to, not just this decision, but all future decisions when it comes to  how to balance itself and its constituents. I love this City, I’m proud to call it my forever home, thank you for  listening.       Yaacoub Hark  2914 & 3000 36th Ave NE  St Anthony   Date Type Staff Present November 12 Work Session Requirements for EV charging for new multi-family projects City Council City Manager City Planner November 12 Regular Planning Commission items from October 1st Reading Water, Sewer, & Stormwater-PUBLIC HEARING Presentation on Water and Sewer Rates Approval of CIP Approve Organics JPA w/Ramsey County Approve Solar Installation Project City Council City Manager Finance Director November 18 Work Session Commission Interviews City Council City Manager November 26 Regular Fire Prevention Poster Winners 2nd Reading and Adoption Water, Sewer, & Stormwater Street Project Approve Plans & Specifications, Authorize Advertisement for Bids City Council City Manager December 10 Work Session City Council City Manager December 10 Regular Planning Commission items from November Appoint Parks and Planning Commissioners and Chair/Vice Chairs Setting Salary of City Manager Authorizing Transfers & Closing of Specified Funds Setting the 2025 City & HRA Budgets and Final Property Tax Levy -PUBLIC HEARING 2025 Fee Schedule MS4 Quarterly Goals update Final reading and adoption of water, sewer, & stormwater City Council City Manager Finance Director December 24 Regular January 14 Work Session Tobacco Ordinance Revisions City Council City Manager Code Official January 14 Regular Planning Commission items from December Housekeeping Resolutions Resolution for the Street Improvement Bond Reimbursement Quarterly Donations & Grants NYFS Agreement Outside Orgs-Council Students in Government Presentation City Council City Manager January 28 Work Session City Council City Manager January 28 Regular Public Works Snow Plowing Operations presentation City Council City Manager PW Director 2025 2024 FUTURE COUNCIL AGENDA ITEMS Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS February 11 Work Session City Council City Manager February 11 Regular Planning Commission items from January Public Hearing-2025 Budget Calendar and Process 2025 Planning Commission Work Plan- (motion only) 2025 Parks and Environmental Commission Work Plan- (motion only) Administration Annual Report Liquor License Renewals (Consent Agenda) City Council City Manager Finance Director February 25 Work Session City Council City Manager February 25 Regular Water Conservation Poster Winners Adoption of Strategic Plan Liquor Annual Report City Council City Manager Liquor Op Manager March 11 Work Session City Council City Manager March 11 Regular Planning Commission Items from February Public Works Annual Report City Council City Manager Public Works Director March 25 Regular Police Annual Report Call for Public Hearing on Road Improvements and Assessments Order the Preparation of Assessments City Council City Manager Police Dept WSB April 8 Work Session City Council City Manager April 8 Regular Planning Commission Items from March Quarterly Donations & Grants Hennepin County Commissioner Irene Fernando Fire Annual Report Arbor Day Proclamation Earth Day Proclamation Quarterly Goals Update City Council City Manager Fire Dept April 22 Regular Finance Annual Report Insurance Renewal & Tort Limits- Consent Road Improvements and Assessments- PUBLIC HEARING Villager of the Year and Business of the Year City Council City Manager Finance Director WSB May 13 Work Session City Council City Manager May 13 Regular Planning Commission items from April City Council City Manager May 27 Regular City Council City Manager June 10 Work Session City Council City Manager Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS June 10 Regular Planning Commission Items from May Authorize preparation of feasibility study for 2026 street project City Council City Manager June 24 Work Session Discuss Initial Debt Levy/Updated Street Improvement Plan City Council City Manager Finance Director June 24 Regular City Council City Manager July 8 Work Session 2026 Initial Property Tax Levy Scenarios City Council City Manager Finance Director July 8 Regular Planning Commission items from June Quarterly Donations & Grants Audit Report Quarterly Goals Update City Council City Manager Finance Director Police Chief July 22 Work Session City Council City Manager Police Chief July 22 Regular Liquor Operations Mid Year Report VillageFest Presentation Night to Unite Presentation Night to Unite Proclamation City Council City Manager Liquor Op Mgr Police Chief August 12 Work Session Discuss Updated Levy Scenarios/Detailed General Fund Budget City Council City Manager Finance Director August 12 Regular Planning Commission items from July Approve 2026 Feasibility Study and Order Plans and Specs City Council City Manager August 26 Work Session City Council City Manager City Planner August 26 Regular 2026 Proposed Budget & Levy Presentation City Council City Manager Finance Director September 9 Work Session City Council City Manager City Planner September 9 Regular Commissioner MaryJo McGuire Presentation Planning Commission items from August 2026 Preliminary Operating Budget and Debt Levy-PUBLIC HEARING Students in Leadership-Consent City Council City Manager Finance Director Engineer September 23 Work Session City Council City Manager September 23 Regular Spirit of St. Anthony Award Fire Prevention Presentation Planning Commission items from August City Council City Manager Police Dept Fire Dept Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS October 14 Work Session 2026 Long Term Capital Budget Plans City Council City Manager Finance Director October 14 Regular Preliminary Certification of Delinquent Waste Hauler Accounts-Consent Agenda Preliminary Certification of Delinquent Utility Accounts-Consent Agenda Planning Commission items from September City Council City Manager October 28 Work Session 2026 Utility Rates and Budgets City Council City Manager Finance Director October 28 Regular Quarterly Donations & Grants Quarterly Goals Update City Council City Manager Finance Director November 10 Work Session City Council City Manager November 10 Regular Planning Commission items from October 1st Reading Water, Sewer, & Stormwater-PUBLIC HEARING Presentation on Water and Sewer Rates Canvass election results Approval of CIP City Council City Manager Finance Director November 17 Work Session Commission Interviews City Council City Manager November 25 Regular Fire Prevention Poster Winners 2nd Reading and Adoption Water, Sewer, & Stormwater Street Project Approve Plans & Specifications, Authorize Advertisement for Bids City Council City Manager December 16 Work Session City Council City Manager December 16 Regular Planning Commission items from November Appoint Parks and Planning Commissioners and Chair/Vice Chairs Setting Salary of City Manager Authorizing Transfers & Closing of Specified Funds Setting the 2025 City & HRA Budgets and Final Property Tax Levy -PUBLIC HEARING 2026 Fee Schedule MS4 Quarterly Goals update Final reading and adoption of water, sewer, & stormwater City Council City Manager Finance Director December 23 Regular