HomeMy WebLinkAboutCC WS PACKET 07122022CITY OF SAINT ANTHONY VILLAGE
WORKSESSION AGENDA
Tuesday, July 12, 2022 at 5:45PM
Join Meeting via Zoom
There is also a dial -in option available. Members of the public who wish to attend the meeting may do so
in person.
Minutes
WS 6 -14 -22.PDF
Worksession Topics
Code Amendments Revisions - Animals, Landscaping, Fencing, Right Of Way
Management, Alcohol Licensing, Bus Benches, And Food Trucks
Steve Grittman, City Planner, presenting.
COVER MEMO.PDF
CODE AMENDMENTS.PDF
Cannabinoids
Charlie Yunker, City Manager, presenting.
COVER MEMO.PDF
FOCUS ON NEW LAWS_ SOME EDIBLE CANNABINOIDS NOW LEGAL -
LEAGUE OF MINNESOTA CITIES.PDF
Future Worksession Dates, Times And Agenda Items
Next Worksessions:
August 9 5:45 Staff proposed 2023 Budget and Levy Presentation
Adjournment
If you would like to request special accommodations or alternative formats, please contact the City
Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can
contact us by using 711 Relay.
Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and
safe.
1.
Documents:
2.
A.
Documents:
B.
Documents:
3.
4.
CITY OF SAINT ANTHONY VILLAGEWORKSESSION AGENDATuesday, July 12, 2022 at 5:45PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Minutes WS 6 -14 -22.PDFWorksession TopicsCode Amendments Revisions - Animals, Landscaping, Fencing, Right Of Way Management, Alcohol Licensing, Bus Benches, And Food TrucksSteve Grittman, City Planner, presenting.COVER MEMO.PDFCODE AMENDMENTS.PDFCannabinoidsCharlie Yunker, City Manager, presenting.COVER MEMO.PDFFOCUS ON NEW LAWS_ SOME EDIBLE CANNABINOIDS NOW LEGAL -LEAGUE OF MINNESOTA CITIES.PDFFuture Worksession Dates, Times And Agenda ItemsNext Worksessions:August 9 5:45 Staff proposed 2023 Budget and Levy Presentation
Adjournment
If you would like to request special accommodations or alternative formats, please contact the City
Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can
contact us by using 711 Relay.
Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and
safe.
1.Documents:2.A.Documents:B.Documents:3.
4.
City of St. Anthony
CITY COUNCIL WORK SESSION
Minutes
June 14, 2022
Present:
Mayor & Council
Randy Stille, Mayor, Thomas Randle, Councilmember, Wendy Webster, Councilmember and Jan Jenson,
Councilmember, Bernard Walker, Councilmember
Staff:
Charlie Yunker, City Manager, Shelly Rueckert, Finance Director
Call to Order:
Mayor Stille called the Work Session to order at 5:45 p.m.
ARPA Funds:
Finance Director Rueckert reviewed the staff memo describing the guidance received from the U.S.
Department of the Treasury on the usage of ARPA funds. The City is receiving $984,960 in funds, and the
initial guidance pointed the City to utilize the funds for the upcoming water tower rehabilitation project.
Subsequent guidance has clarified additional areas of use for the funds, which includes public safety.
Also, recent extraordinary connect fee revenue has been received by the City which adequately covers
the costs of the water tower rehabilitation project. As a result, staff is recommending utilizing ARPA
funds for the upcoming Harding Pond Stormwater Project and towards the majority of the costs for a
fire truck replacement. Costs are increasing on the fire truck and committing now will save additional
inflationary increases, and avoid the need to issue debt to cover the fire truck purchase.
The Council discussed the recommendation and was in agreement on the usage of the ARPA funds.
Council also directed staff to commit to the fire truck by the end of the month to avoid additional
inflationary cost increases.
Future Work Sessions:
Next Work Sessions will be held on July 12th, 2022, at 5:45pm in the Council Chambers.
Adjournment:
The meeting adjourned at 6:06 p.m.
Respectfully submitted by Charlie Yunker, City Manager.
THIS PAGE LEFT INTENTIONALLY BLANK
MEMORANDUM
To:Mayor Stille and St. Anthony Village City Council
From:Stephen Grittman, City Planner
Date:July 7, 2022
Meeting Date:July 12, 2022
NAC Project No.323.02 – 22.01
BACKGROUND AND ANALYSIS
This memorandum provides background for the upcoming City Council work session addressing several
sections of the current City Code. First is related to keeping of animals – particularly wild animals – and
associated definitions and other factors related to this activity. The language is written specifically to
prohibit this activity. It arose out of concerns over residents feeding deer, but relates to many other
potential nuisances in this same regard. The language also addresses farm animals, more broadly than
the current ordinance.
The second section is a small amendment to address a conflicting section of the recently adopted
natural landscape section. As a part of the formal ordinance, there is some tune-up necessary to fit this
material into a few other sections of the zoning ordinance, and to create a clearer understanding of the
landscape treatments of the setback and right of way areas.
The third section is an extensive update of the City’s fence regulations. To address changes in building
code, the proposed language changes the height allowance from six feet to seven feet, and eliminates
the building permit/building official role in the permitting process, converting instead to a zoning
permit. The language further clarifies height measurement, and common fence construction realities.
The fourth section in the table makes two changes to the City’s right of way management regulations,
which are found in two sections of code. These changes relate primarily to ensuring that property
owners are not to dispose of waste landscape materials or grass clippings in the right or way, nor are
they to blow snow into those areas. This is common language found in most municipal codes, and is
intended to ensure that those public areas remain clear.
Finally, the table includes regulations to amend the City’s Alcohol licensing, creating a license category
for Brewer Taprooms and “Brewpubs”, both of which are defined and now allowed by the updated
Commercial Zoning regulations (by Conditional Use Permit). These licensing regulations are adapted
from the State regulations for such uses. The city would (presumably) exempt these uses from the
common food-sales percentages otherwise required by the liquor licensing requirements.
Attached as a separate section is language proposed to license and regulate bus benches. The
attachment includes proposed language, and summary discussion of the issues surrounding these
structures, which are provided by private vendors who then sell advertising space on the benches. As
July 12, 2022
Page 2
noted in the text, the public agencies that manage both the transit system and rights-of-way where
these benches are located currently have no process for managing the benches.
Finally, attached to the table separately is a section that creates an allowance for food trucks (or,
“Mobile Food Units”) in the City. The language is accompanied by common definitions and some
limitations to the licensing of this use. The City Council should consider whether the use should be
accommodated, and whether the proposed language is acceptable or additional requirements should be
made. For many communities, the primary objection to food trucks comes from the brick-and-mortar
restaurants, although several such restaurants also operate mobile food units in addition to their brick-
and-mortar sites.
The bulk of the material is presented as a table-form list of proposed amended language for the three
categories of material. The table includes the original or current code language in black, with proposed
changes in redline. Text that is proposed to carryover from the existing code is referenced in the second
column. The third column includes changes to each of the proposed sections highlighted as noted
above. The fourth column provides some commentary explaining the purpose of the changes (or in a
few cases, why no change is proposed).
The purpose of the work session discussion is to address any policy reaction to the material, and
examine the proposed changes as to consistency with Council policy. With this direction, staff expects
to refine the material in preparation for a public hearing by the Planning Commission, eventually
returning to the City Council with a formal ordinance proposal.
Code
Section
No.
Existing Text to Remain as is Proposed Text (redlined) Issue/Discussion
Animals
§ 91.06 Domesticated animals means house
pets such as dogs, cats, and birds, or
other common pets kept in small
containments which can be contained
within a principal structure throughout
the entire year, provided that
containment can be accomplished
without special modification to the
structure requiring a building permit
from the city. In addition, the term
"domestic animals" includes birds
(other than chickens, ducks and geese)
and rabbits normally sheltered outside
the home.
Farm animals means cattle, hogs,
bees, sheep, goats, chickens, turkeys,
horses and other animals commonly
accepted as farm animals in the state,
and/or which are kept for agricultural
purposes or food production.
Wild Animal: Any animal which is not a
domesticated animal as defined herein,
or which is not naturally tame or
gentle, but is of a wild nature or
disposition, or which would constitute
a danger to human life or property. The
term includes animals and birds, the
keeping of which is licensed by the
State or federal government, such as,
wolves, raptors, and pheasants. By way
of example and not of limitation, the
term includes: ducks, pheasants, geese,
turkeys, birds of prey, squirrels,
chipmunks, raccoons, coyotes, weasels,
wild ferrets, sheep, goats, swine,
monkeys, chimpanzees and deer.
This section adds definitions
for 3 classes of animals:
Domesticated, Farm, and
Wild.
The current regulations in
code address how “domestic”
animals are regulated, but
have no definition.
A few farm animals are listed
as being prohibited, but the
list is not very inclusive, so
the ordinance creates a
definition, and a list that is
more inclusive. (Chickens
would continue to be treated
as they currently are:
prohibited, but with the
allowance by Council permit).
Finally, a definition for wild
animals is created, and then a
series of provisions to
regulate/prohibit the feeding
of such animals is new text.
An exception made for
songbirds and a few other
specific situations.
§ 91.56 KEEPING OF CERTAIN ANIMALS. No
person may keep swine, cattle, horses,
The current language allows 2
dogs, or a “kennel” license for
goats farm animals or wild animals as
defined in this Code, nor more than 2
dogs or 3 dogs allowed under § 91.01
through 91.05 or fowl, within the city
nearer than 500 feet to any human
habitation or platted land, without
approval of the City Council. The City
Council may, before approving or
denying any request for approval,
request a report from the Health
Officer concerning the effect on public
health.
3 dogs. No change is
proposed in that language.
Cats (addressed by some
city’s codes), are not subject
to these limitations.
§ 91.57 KEEPING OF CERTAIN ANIMALS.
FEEDING OF WILD ANIMALS.
1) ) No person shall intentionally feed
wild animals within the City. Intentional
feeding means the provision of any
grain, fruit, vegetables, nuts, salt licks,
or any other food that attracts wild
animals.
a) Living food sources such as
trees and other live vegetation shall not
be considered food for wild animals.
2) Feeding Songbirds. The feeding of
songbirds is permitted under the
following conditions:
a) Feeding is done from a bird
feeder that is designed to
prevent other wild animals
from feeding and is placed at
least 5 feet above the ground.
b) The bird feeder does not
become an attractive nuisance to other
wild animals.
c) Songbird feeding occurs on
private property owned or controlled
by the person responsible for the
feeder.
3) Exemptions.
a) Specific to Section 91.57(2a),
persons that cannot physically
place materials 5 feet or higher
from the ground, must place
feeder at the highest point
physically possible and must
comply with the other
standards contained in Section
91.57(2).
b) Snakes (less than four (4)
feet in length), gerbils,
hamsters, guinea pigs mice,
turtles, fish (not prohibited by
Minnesota DNR) and birds (not
prohibited by Minnesota DNR)
kept inside of a residence and
within a restrictive cage or
habitat
c) Animal Species otherwise
allowed and/or licensed by the
City.
d) The provisions of Section 91.57 shall
not apply to the employees or agents
of the City, County, the State, the
Federal government or veterinarians
who in the course of their official duties
have wild animals in their custody or
under their management.
§ 91.5758 INTERFERENCE WITH CITY PERSONNEL.
No person may in any manner molest,
hinder, or interfere with any person
employed by the city to capture and
impound dogs or other animals while
the person is within the course and
scope of employment.
This section is renumbered,
with no text changes.
Gardens
and Yards
§150.094
(E)
(E) Yard cover. Every yard of premises
on which a dwelling stands must be
covered by lawns and/or ground cover
of vegetation, gardens, hedges,
shrubbery or related decorative
materials and must be maintained.
Once an area has been converted to
turf grass the land owner shall not
allow the turf grass to exceed the
height of 6 inches or be allowed to go
to seed. No land owner may permit or
maintain on the land any growth of
weeds, grass, brush or other rank
vegetation to exceed the height of an
average height greater than 6 inches,
any accumulation of dead weeds, grass
or brush, or any noxious weeds or
plants as defined by the Minnesota
Department of Agriculture. Gardens
(pollinator, vegetable, flower, rock,
etc.) are permitted types of yard cover,
and must be maintained. and not
encroach on other property or the right
of way.
This proposal cleans up a
reference that should have
been removed from the Code
as a part of the prior round of
updates. That Code
established a setback
requirement of 3 feet from
adjoining property; and it has
been the City’s policy to
allow/promote pollinator-
friendly plantings in the right
of way. This change deletes
the conflicting language.
Additional language will help
limit the encroachment and
extent of natural landscapes
in the setback or public areas.
Fences
§ 150.071 BUILDING ZONING PERMITS
REQUIRED.
A building zoning permit is required for
the construction or alteration of a
fence, and for any additions to a fence.
The permit must be obtained in the
name of the owner of the property on
which the fence is or will be located.
Applications must be made on forms
provided by the city. The applicant
must provide the Building Inspector
with a set of plans and specifications
for the fence. Permit fees must be paid
in accordance with Ordinance 33.061 of
the City Code.
This change corrects the
application process and
permitting, which is no longer
a building permit under that
separate code. The zoning
ordinance regulations fences,
so a zoning permit is the
proper avenue.
§ 150.072 REQUIREMENTS.
(A) Location. Any fence constructed or
altered after 6-3-1982 must be located
entirely upon the private property of
the owner to whom the building permit
was issued. Ownership of the permit
passes with ownership of the property.
The fence must be setback a distance
from the owner’s property line
sufficient to avoid encroachment onto
adjoining private or public property or
a public right-of-way. The city may
require the applicant for the permit to
locate and mark the property line
abutting the public property by having
a registered surveyor place permanent
survey pins or stakes on the property
line. If the survey information is not
available and the applicant elects not
to establish the property line by survey,
the permit will not be issued unless the
applicant signs an affidavit stating that
the applicant is the owner of the
premises upon which the fence exists
or is to be located.
Add the requirement for
survey data to the location
section, as it applies to any
fence permit (not just when
the fence is adjacent to the
public right of way as in (B)
below).
(B) Abutting public property. If a fence
is or is to be adjacent to a street, alley,
public right-of-way, or other public
property, the city may require the
applicant for the permit to locate and
mark the property line abutting the
public property by having a registered
surveyor place permanent survey pins
or stakes on the property line. If the
survey information is not available and
the applicant elects not to establish the
This section is deleted, with
the elimination of the building
permit requirement, and the
inclusion of the property line
notes in (A) above.
property line by survey, the permit will
not be issued unless the applicant signs
an affidavit stating that the applicant is
the owner of the premises upon which
the fence exists or is to be located.
(C) Fence size. All fence and wall
heights shall be measured from the
finished grade, except that the height
of a railing, wall, fence, or screening
affixed to a deck constructed on the
ground but raised above ground level,
will be measured from the elevation of
the raised deck for that portion which
is affixed to the raised deck. The grade
at the fence line shall not be altered in
any way that artificially increases the
maximum permitted height of the
fence. Required fence height shall be
measured and applied only at each
post, and no section of fence between
posts shall exceed the height of the
tallest of the two posts between which
it is constructed.
This addition specifies
measurement requirements.
Because land can fluctuate,
there is a potentially infinite
number of locations for fence
measurement. By restricting
the measurement locations to
the posts only, planning,
construction, and
enforcement of fence
regulations is simplified. The
proposed language specifies
that the fence sections may
not exceed the height of the
post(s) to which it is attached.
These clauses also
accommodate fences
constructed on a slope, in
which the manufactured
fence panels can be installed
without running afoul of the
height regulations as the
ground falls away to the next
(lower) post location.
(C)(1) Residential Uses.
a. Front Yards. No fence, fence post, or
post cap shall be over four (4) feet
fifty-two (52) inches in height within a
required front yard setback.
b. Side Yards. No fence shall be over six
(6) seven (7) feet in height. A fence up
to six (6) feet in height shall be allowed
on corner lots along the corner side
behind the nearest front corner of the
principal building.
c. Rear Yards. No fence shall be over six
(6) seven (7) feet in height.
Height is changed here to
accommodate the
fluctuations noted above by
allowing a slight increase over
current height limitations,
again to accommodate slope,
and to acknowledge that
posts (and ornamental post
caps) will often extend above
the top line of the fence itself.
Further, the change from 6
feet to 7 feet incorporates the
building code change that
increased the height
threshold for when a building
permit is required for fences
and other structures.
150.072
C.2, C.3,
D, and E.
C. (2) Commercial/Industrial Uses.
a. Front Yards. No fence shall be over
six (6) seven (7) feet in height within a
required front yard setback. Fences
This section incorporates the
changes from 6 feet to 7 feet
heights into the Commercial
District.
may extend to a total height of eight (8)
with a security arm for barbed wire if a
conditional use permit is obtained.
b. Side Yards. No fence shall be over six
(6) seven (7) feet in height. Fences may
extend to a total height of eight (8)
with a security arm for barbed wire if a
conditional use permit is obtained.
c. Rear Yards. No fence shall be over six
(6) seven (7) feet in height. Fences may
extend to a total height of eight (8)
with a security arm for barbed wire if a
conditional use permit is obtained.
d. Exemption. Through the approval of
a conditional use permit (CUP), Ffence
heights as listed above in §150.072, C,
2, a-c may be increased for the
following types of fencing
No changes are proposed to
Industrial or Recreational
fencing standards. Sight
visibility at intersections is
likewise retained as currently
stated.
§ 150.073 CONSTRUCTION AND
MAINTENANCE.
Every fence must be
constructed in a substantial
manner and of substantial
material, reasonably suitable
for the purpose for which
the fence is intended as
listed in the criteria below.
Any fence which is
dangerous by reason of its
construction or state of
disrepair or is otherwise
injurious to public safety,
health, or welfare is hereby
declared to be a nuisance.
(A) Fences and walls shall be
constructed in a manner and of such
materials that do not adversely affect
the appearance of the neighborhood or
adjacent property values. Fences shall
not be constructed from poultry
netting (chicken wire), non-
prefabricated welded wire, snow fence,
branches, or materials originally
intended for other purposes, unless
upon the showing of a high degree of
architectural quality achieved through
the use of such materials and prior
approval is granted by the Zoning
Administrator or other Authorized
Agent.
Staff discussed the prohibited
materials portion of this
section, acknowledging that
some (particularly the welded
wire) were commonly
available as fencing material
within wood framing or other
options. Apart from this note,
and because this element has
not otherwise been a
significant issue, no other
changes are proposed.
(B) Fences and walls
hereafter erected shall be
durable, weather resistant,
rust proof, and easily
maintained.
(C) Fences shall have structural
supports (posts/footings) as required
by the Building Official to ensure that
the fence will continue to be
structurally sound.
This change replaces “Building
Official” review (which does
not occur) with general
language.
(D) Fences and walls shall be
constructed of new or like new
materials. Like new materials used shall
require prior approval is granted by the
Zoning Administrator or other
Authorized Agent prior to issuance of
the required zoning permit.
Amending this section to
clarify the use of materials
that may require additional
review.
(E) The finished appearance of fences
and walls shall be constructed with the
higher quality finish directed toward
the exterior of the property outward
toward adjoining property or public
right of way if the visual quality of the
fence or wall is not the same on both
sides.
Minor change to clarify intent.
(F) The framing and posts of
wood, chain link, picket,
stockade, and decorative
metal fences shall face the
inside of the parcel area
fenced. The side of the fence
considered to be the face
(facing as applied to fence
posts) shall face the abutting
property.
(G) No more than two (2)
types of related fencing
materials shall be used in
any fence and wall.
(H) Both sides of any fence or wall shall
be maintained in a condition of
reasonable repair and appearance by
its owner and shall not be allowed to
become and remain in a condition of
disrepair or danger, or constitute a
nuisance, public or private. Property
owners should take due care in
selecting maintenance-free fence
materials, or in placement of fence
location, in areas where ongoing
maintenance activities may require
This addition reinforces the
caution to fence builders that
maintenance should be
considered and will continue
to be a requirement, despite
conditions that could restrict
maintenance requirements.
access through adjoining property or is
otherwise restricted.
(I) The property owner is responsible
for providing proof of property line
location.
Deleted, covered in 150.072
(A) and (B).
(J) Retaining walls shall not
be placed within any
drainage, utility or ponding
easements unless also
reviewed and approved by
the City Engineer.
Depositing
of Snow
and/or
debris on
public
ROW
§ 94.15 OBSTRUCTIONS PROHIBITED.
No person, except under a proper
building permit issued by the City
Manager or otherwise permitted in this
code, shall obstruct or encumber any
sidewalk, street, avenue, alley, lane, or
other public way in the city with yard
clippings, leaves, stone, brick, sand,
lumber, or other material or property.
Consistent with Minnesota Statute
160.2715 Section (a) subdivision (1)
which advises that pushing / blowing
snow from driveways and sidewalks
onto public roads may be punishable as
a misdemeanor, no person shall plow,
shovel or blow or permit the plowing,
shoveling or blowing of snow onto any
sidewalk, street, avenue, alley, lane, or
other public way in the city. except as
permitted in this code.
These two sections relate to
use of the public right-of-way,
and clarify prohibition to
obstruct or deposit materials
in the right of way consistent
with the relevant statutory
sections for each.
§ 96.02 ELECTION TO MANAGE THE PUBLIC
RIGHTS-OF-WAY Pursuant to the
authority granted to the city under
state and federal statutory,
administrative and common law, the
city hereby elects, pursuant Minn. Stat.
237.163 subd. 2(b), to manage rights-
of-way within its jurisdiction.
Adding a specific prohibition
to blowing leaves, grass,
snow, etc. into the public
street or alley. This
prohibition applies to the
traveled portions of streets or
alleys only, not the
Except as specifically authorized by this
Chapter, no person shall deposit or
permit to be deposited onto the
traveled portion of any public street or
alley, leaves, grass, sand or similar
materials, nor shall any person plow,
shovel or blow or permit the plowing,
shoveling or blowing of snow onto the
traveled portion of any public street or
alley. Violation of this provision shall
constitute a petty misdemeanor. This
provision shall not apply to any person
who is in the process of constructing or
maintaining a yard or drive provided
that the materials are immediately
removed from the street. Nothing in
this section is intended to exempt any
person from the requirement for
permit under this Chapter.
“boulevard” or easement
areas.
Brewery
Taprooms
Adds language to create a
licensing process and
requirements for Brewery
Taprooms and Brew Pubs
§ 112.01 BREWER TAPROOM: A brewer
licensed for on-sale of malt liquor
produced by a license brewer for
consumption on the premises of or
adjacent to one brewery location
owned by the brewer subject to the
restrictions set forth in M.S.A. §
340A.26.
Added definition
BREW PUB. "Brew pub" is a brewer
who also holds one or more retail on-
sale licenses and who manufactures
fewer than 3,500 barrels of malt
liquor in a year, at any one licensed
premises, the entire production of
which is solely for consumption on
tap on any licensed premises owned
by the brewer, or for off-sale from
those licensed premises as permitted
in section 340A.24, subdivision 2.
Added Definition
Alcoholic
Beverages
Chapter 112
§ 112.02 OFF-SALE LIMITED TO MUNICIPAL
LIQUOR STORES. No intoxicating liquor,
intoxicating malt liquor, or wine shall
be sold, or caused to be sold, at off-sale
within the city by any person, or by any
store or establishment, or by any agent
Adds a “Growler” exception
to the municipal-only off-sale
requirement.
or employee of the person, store, or
establishment, except by the city and
on the premises in the city occupied by
the municipal stores for off-sale of
liquor. The City may, at its sole
discretion, issue a properly licensed
Brew-Pub or Brewer Taproom a
supplemental license to sell Growlers
as defined in State law, and as limited
in this Chapter.
§ 112.04 LICENSE TYPES.
(I) Brew Pub and Brewer-Taprooms.
Permits the production of alcoholic
beverages and the on-sale serving of
same produced exclusively on the
premises, pursuant to MN Statutes
Chapter 340A.24 and 340A.26 as may
be amended. Holders of this license
shall be subject to all other applicable
limitations of this Chapter, and nothing
shall be interpreted to allow the off-
sale of any beverage, with the
exception of “growler” sales as
authorized in MN Statutes Chapter
340A.285.
Introduces a new license for
Brew Pub and Brewer-
Taprooms, recently approved
under the Commercial zoning
district amendments.
The last sentence
incorporates permission for
off-sale “Growler” sales – the
City should consider this
aspect carefully in the context
of its municipal off-sale
provisions.
§ 112.11A
Special
Conditions
for Brew
Pub and
Brewer
Taproom
Licensees
Brewer's off-sale license.
(A) Number of licenses limited; fee.
The council may issue a license
for the off-sale of malt liquor to
a brewer located within city
limits. No more than two
licenses shall be issued under
this section. The annual license
fee for a brewer off-sale license
shall be as set forth in the city
fee schedule.
(B) Qualification for licensure.
Applicants for the off-sale
license must meet the
following requirements
licensed by the state as a
manufacturer or wholesaler
under M.S.A. § 340A.301,
manufacture fewer than 3,500
barrels of malt liquor in one
year at any one licensed
premises or hold an on-sale
restaurant license issued by the
city, and obtain the consent of
the commissioner of public
safety to hold an off-sale
license.
This section limits the number
of Off-Sale (Growler) licenses
for Brew-Pub and Brewer-
Taprooms to 2 in the City, and
references the Statutory
limitations for such uses.
(C) Restrictions, conditions and
prohibited acts. The off-sale
licensee shall be subject to the
following restrictions and
conditions:
(1) Off-sale shall be limited to
64-ounce containers known as
growlers or in 750 milliliter
containers of malt liquor
produced and packaged on the
licensed premises which have
been labeled and sealed in
accordance with statutory
specifications.
(2) Off-sale may not exceed
750 barrels per year.
(3)Total of on-sale and off-sale
by the brewer's off-sale license
holder cannot exceed 3,500
barrels per year.
(4) Off-sale hours shall be
limited to the hours of
operation of the municipal
dispensary, and on Sundays
between the hours of 10:00
a.m. and 10:00 p.m.
(5) It is unlawful for any brewer
to sell malt liquor in violation of
this section.
(D) Hours and days of brewer malt
liquor sales. No on-sale of malt liquor
by a brewer shall be made between
2:00 a.m. and 8:00 a.m. on Monday
through Sunday.
BUS/TRANSIT BENCHES
This material codifies the regulation of Bus Benches that are placed by private vendors on public right of way
at bus stops in the city. This is an aspect of the City’s right of way management, not technically a zoning code
element, although a few changes to the Sign section of the code will need to accompany this section, included
after the Bench Section below. The issues related to such benches have tended to be maintenance of the
areas – particularly snow removal during winter months. They are usually located on main roadways, and
often on sidewalks.
Staff has found that these benches can generate significant income for the bench owners through leasing
advertising space on the bench. Staff has also found that neither Metro Transit nor the right of way owners
(usually Hennepin and Ramsey Counties) do not regulate these benches in their rights-of-way. This licensing
process will allow the city the opportunity to ensure that any such benches are properly placed and
maintained. It further provides for appropriate insurance of those occupying the right of way, and requires a
clause indemnifying the city in the event of a liability claim.
The benches serve a public purpose in that persons utilizing scheduled transit often rely on them as both
markers and rest while waiting for their ride. Because these benches provide advertising, they become a de
facto sign. As such, the proposed regulations provide for size, location, and various other requirements to
ensure that they serve their public purpose, but do not become a nuisance.
Section 96.03 – Definitions
Bus/Transit Bench - A bench maintained on a publicly dedicated street or right-of-way for the
convenience and comfort of persons waiting for buses or other vehicles.
Section 96.38 – Bus/Transit Benches
Purpose. The purpose of this section is to regulate the placing and maintenance of bus/transit
benches in public rights of ways in order to control location, appearance, proliferation and traffic
safety.
A) License Required: No bench may be placed or maintained in a public right of way without
securing a License from the City Manager, or designee thereof, and the payment of an annual
license fee as established in Section 33.061.
B) Application: Applications for licenses shall be made to the City Manager. The application
shall contain the following:
(1) A scale drawing showing the size and location of the bus/transit bench relative to all
other objects on the property including the layout of applicable.
(2) Scale drawing showing the size and location details of the bus/transit bench relative to
all other objects on the property including the layout of applicable adjacent roadways,
intersections, traffic signage, sidewalks, trails, utility poles, fences and other objects in
the vicinity.
(3) Written consent of the road authority, as defined in Minnesota State Statutes 160.02,
if the City of Saint Anthony Village is not the road authority.
(4) Detailed plans and specifications of the proposed bench including the general nature
of the advertising matter, if any, to be posted thereon and total surface area intended as
signage not to exceed 12 square feet using the front, or seating side surface only of the
bench back.
(5) General liability Certificate of Insurance from an insurance company rated “A” by
A.M. Best Company and authorized to do business in the State of Minnesota, naming the
City as additional insured in the minimum amount of one million dollars ($1,000,000) for
any and all claims arising out of the use or existence of a bus/transit bench. The
certificate shall provide for automatic notification of the City with a minimum thirty (30)
days advanced notice in the event of cancellation.
(6) An executed hold harmless agreement from the licensee, protecting the City from any
and all claims arising out of the use, existence and potential removal of the bus/transit
bench.
C) Bus/Transit Stops: A bench shall only be placed at a bus/transit stop on an established bus
route.
D) Location: A bench shall be placed parallel to and no nearer than three (3) feet from the
roadway curb or the edge of the roadway where no curb exists and shall not obstruct a pathway.
E) Number: No more than one bus/transit bench, located outside of a shelter, may be placed at a
single established bus/transit stop location.
F) Proximity to Other Benches: No bus/transit bench may be placed within 300 feet of any other
bench on the same side of the roadway from which service is to be delivered.
G) Materials: A bus/transit bench shall be constructed of durable materials including, but not
limited to concrete, wood, plastic, or combination thereof, with colors limited to whites, earth
tones of subdued greens, grays, browns, reddish-browns, and golds.
H) Construction and Size: The bus/transit bench shall be of sufficient weight or shall be secured
in a manner to minimize the potential of accidental tipping or vandalism. No bus/transit bench
shall be fastened, secured, or anchored to any property of the City, County or public utility. Size
limitations of bus/transit benches shall be; Height – 42 inches maximum, Width – 30 inches
maximum and Length – seven feet maximum.
I) Structure Maintenance: When directed by the Code Official, Licensee shall with fourth-eight
(48) hours remedy any report of refuse and litter issues. Within 72 hours of a snow fall or other
weather event, removal of ice and snow in a manner such that each bench shall be fully
accessible to and from any sidewalk or roadway adjacent to the bus/transit bench shall be
achieved. Licensee shall inspected benches monthly for any grass or weeds in excess of six (6)
inches, graffiti, damaged or broken parts and shall remedy deficiencies within 48 hours after
being discovered or reported.
J) Revocation of License: The City Council may revoke a license for failure to comply with the
conditions of the license by three (3) affirmative votes.
K) Removal: At the request of the City, a bench shall be removed within thirty days of notice, at
the permittee’s sole expense, if; 1) to permit right of way improvements or maintenance, 2) the
location of the bench is a safety hazard or if it interferes with pedestrian or vehicular traffic on
the right of way, 3) if the bus stop location is removed from service or 4) the license issued by
the City is allowed to expire or is revoked. The licensee shall incur the cost of removal within
thirty (30) days of notice to remove. Licensee shall make repairs to the vacated space within the
right-of -way to make it visibly consistent with the surrounding space. If licensee fails to remove
the bench within the prescribed time, the City shall remove licensee’s bench and hold at the City
Public Works facility for no less than thirty (30) days, after which time the bench may be
disposed of. All costs for removal, disposal and remediation of ground shall be payable to City
by licensee.
L) Advertising Matter: Advertising matter may be displayed only on the front (roadway side)
surface of the backrest of bus/transit bench and shall not exceed 12 square feet in surface area.
Advertisements for liquor or beer, tobacco, political advertisements, obscene, immoral or illegal
matter is prohibited on all transit bench signs. No advertising matter on any transit bench may
display the words “Stop”, “Look”, “Drive In”, “Danger” or any other word, phrase or symbol,
reflective material, or illumination device, which might interfere with, mislead or distract traffic.
155.03 DEFINITIONS.
Bus/Transit Bench Sign: A bench maintained on a publicly dedicated street or right-of-way for the
convenience and comfort of persons waiting for buses or other vehicles, which may include off-premise
advertising content, not to exceed 12 square feet in surface area.
155.22 PROHIBITED SIGNS.
(20) Off-premise signs; with the exception of bus/transit bench signs as defined in Section 96.03
155.23 SIGNS REQUIRING NO PERMITS.
(D) Signs affixed on benches at public bus stops or signs within bus/transit benches as defined in
Section 96.03
“Mobile Food Unit” means a food and beverage service establishment that is a vehicle mounted unit, such as:
1. Motorized or trailer, operating no more than twenty‐one (21) days annually at any one place with the
approval of the regulatory authority as defined in Minnesota Rules, part 4626.0020, subpart 70; and a self‐
contained unit, in which food is stored, cooked, and prepared for direct sale to the consumer.
2. Operated in conjunction with a permanent business licensed under Chapter 157 or Chapter 128A of the
Minnesota State Statutes at the site of the permanent business by the same individual or company, and readily
movable, without disassembling, for transport to another location; and a self‐contained unit, in which food is
stored, cooked, and prepared for direct sale to the consumer.
3. Food Cart: A food and beverage service establishment that is a non‐motorized vehicle self‐propelled by the
operator.
4. Ice Cream Truck: A motor vehicle utilized as the point of retail sales of pre‐wrapped or prepackaged ice
cream, frozen yogurt, frozen custard, flavored frozen water, or similar frozen dessert products.
Section ____ Mobile Food Units (MFUs). Mobile food units (MFUs) are required to meet the additional
following standards:
1. MFU licenses issued by the City require approval from the City Clerk. Licenses are issued on an event basis,
and permit MFUs to operate at up to four locations in the community during the course of the year, not to
exceed twenty‐one (21) days per location.
2. MFUs must be licensed by the Minnesota Health Department and must adhere to State regulations for food
trucks as provided in Food Code Chapter 4626.1860 Mobile Food Establishments; Seasonal Temporary Food
Stands; Seasonal Permanent Food Stands. Evidence of the State license must be provided to the City as part of
the local license application.
3. With the exception of MFUs serving special events for public, institutional, or non‐profit uses, located at
parks, schools, or churches sites in residential zoning districts, MFUs operations are limited to the business and
industrial districts. Ice cream truck vendors may operate in all zoning districts.
THIS PAGE LEFT INTENTIONALLY BLANK
MEMORANDUM
To:Saint Anthony Village City Council
From:Charlie Yunker, City Manager
Date:July 12, 2022 City Council Work Session
Request:Discussion regarding regulating sellers of certain edibles and beverages infused with the
cannabis ingredient THC
OVERVIEW
On July 1, 2022, a new law was passed that allows people 21 and over to buy and consume food and beverages
with no more than 5 milligrams of hemp-derived THC per serving and no more than 50 milligrams per package.
The City’s Code regulates the sale of medical cannabis and dispensaries, however, it does not regulate the sale
of edible cannabinoid products. And, the new law does not require edible cannabinoid products to be sold from
a dispensary. The City has the authority to be more restrictive than state law, but not less restrictive. City Staff is
in the process of initial research to provide guidance on the new law. However, staff would like to know the City
Council’s stance on how he City should approach any desired regulation related to this new law.
Should the council decide to consider developing additional regulations related to the sale of hemp-derived THC
food and beverages, staff would need time to research and draft appropriate code language. In the meantime,
the Council could adopt an interim ordinance to establish a moratorium to allow adequate time to study the
issue. Including zoning code amendments and/or licensing rules similar to tobacco (products behind the counter,
checking IDs, enforcement, other sales management controls, etc.).
DISCUSSION ITEMS FOR COUNCIL FEEDBACK
Below are the specific items for discussion and feedback:
What questions or comments does the city council have related to this new law staff can research?
Does the council wish to consider developing additional regulations related to the sale of hemp-derived
THC food and beverages?
Other considerations for staff?
ATTACHMENTS:
League of Minnesota Cities information on the new law
7/8/22, 10:06 AM Focus on New Laws: Some Edible Cannabinoids Now Legal - League of Minnesota Cities
https://www.lmc.org/news-publications/news/all/fonl-edible-cannabinoids/1/3
Focus on New Laws: Some Edible
Cannabinoids Now Legal
July 5, 2022
Cities may want to consider regulating sellers of certain edibles and beverages infused with
the cannabis ingredient THC.
It is now legal to sell certain edibles and beverages infused with tetrahydrocannabinol (THC),
the cannabis ingredient extracted from hemp. Cities may want to update regulations and
employee policies as a result of this new law.
The new law was passed by the Legislature as part of Chapter 98. Article 13 makes several
changes to Minnesota Statutes, section 151.72 regarding the sale of certain cannabinoid (CBD)
products. The changes took effect on July 1.
This new law was a surprise to many stakeholder groups and even to legislators, as many were
not aware of the full extent of the languageʼs authorizations. Many lawmakers were hoping to
pass a provision to reign in the selling of delta-8, a substance manufactured from hemp-
derived cannabidiol that has similar intoxicating effects as the more commonly known
cannabinoid delta-9.
Instead, the language authorized certain amounts of both delta-8 and delta-9 in edible CBD
products. This legislation was passed in the last days of session without broad discussion, with
the provision added into the health and human services policy omnibus bill. It has been a
source of frustration for both stakeholders and legislators, as the full impacts of the legislation
are realized.
The League is continuing to work with the involved stakeholders to better understand the new
law and provide guidance to cities on potential paths forward.
New de nitions added
The new law creates several new definitions, including the following:
Defining “certified hemp” to mean hemp plants that have been tested and found to meet the
requirements of Minnesota Statutes, chapter 18K.
Defining “edible cannabinoid product” to mean any product that is intended to be eaten or
consumed as a beverage by humans, contains a cannabinoid in combination with food
ingredients, and is not a drug.
Defining “nonintoxicating cannabinoid” to mean substances extracted from certified hemp
plants that do not produce intoxicating effects when consumed by any route of
administration.
Cannabinoids extracted f rom hemp
7/8/22, 10:06 AM Focus on New Laws: Some Edible Cannabinoids Now Legal - League of Minnesota Cities
https://www.lmc.org/news-publications/news/all/fonl-edible-cannabinoids/2/3
The new law amends the scope of sale of any product that contains cannabinoids extracted
from hemp and that is an edible cannabinoid product or is intended for human or animal
consumption.
Previous law authorized a product containing nonintoxicating cannabinoids to be sold, but the
authority to sell edible CBD products was unclear. The new law expands the authority to
include nonintoxicating cannabinoids, including edible cannabinoid products, provided they
do not contain more than 0.3% of any THC. An edible cannabinoid product also cannot exceed
more than five milligrams of any THC in a single serving, or more than a total of 50 milligrams
of any THC per package.
Requirements for edible cannabinoid
products
Along with testing and labeling requirements, an edible CBD must meet several requirements,
including that it:
Not bear the likeness or contain cartoon-like characteristics.
Not be modeled a er a brand of products primarily consumed or marketed to children.
Not be made by applying an extracted or concentrated hemp-derived cannabinoid to a
commercially available candy or snack food item.
May not contain an ingredient, other than a hemp-derived cannabinoid, that is not approved
by the federal Food and Drug Administration.
May not be packaged in a way that resembles any commercially available food product.
Must not be packaged in a container that could reasonably mislead any person to believe that
it contains anything other than an edible cannabinoid product.
An edible CBD product must be prepackaged in a container with certain requirements,
including being child-resistant and tamper-evident. Any CBD product intended for more than a
single use or containing multiple services must have indicators or separate wrapping for the
individual serving sizes.
The new law prohibits the sale of any product containing any CBD or THC extracted or
otherwise derived from hemp to be sold to any individual under the age of 21.
Regulation of edible cannabinoids
Regulation of the edible CBD products falls under the state Board of Pharmacy. The board has
the authority to issue cease-and-desist orders under Minnesota Statutes, section 151.06; to
embargo adulterated and misbranded drugs under Minnesota Statutes, section 151.38; and to
seek injunctive relief under Minnesota Statutes, section 214.11.
Guidance from the Board of Pharmacy indicates that retailers selling products that contain
cannabinoid to individuals under the age of 21 should be reported to local law enforcement
agencies.
Local regulation of edible cannabinoids
The new law does not specifically prohibit cities from regulating the sale of cannabinoid
products locally. Cities will need to work with their attorneys to determine what, if any, local
7/8/22, 10:06 AM Focus on New Laws: Some Edible Cannabinoids Now Legal - League of Minnesota Cities
https://www.lmc.org/news-publications/news/all/fonl-edible-cannabinoids/3/3
regulation would be right for their communities. Local regulations will most likely be through a
cityʼs zoning or licensing authority.
Employment impacts of edible
cannabinoids
It is important to consider both federal and state laws with respect to employee CBD use and
related impacts to the workplace.
Cities o en have positions requiring an employee to hold a commercial driverʼs license (CDL).
These positions are regulated by federal law and those regulations are supervised by the
Federal Department of Transportation (DOT).
Federal law preempts state law related to CBD use. In fact, in a December 2012 notice, the DOT
states it does not authorize the use of Schedule I drugs, including marijuana, for any reason. As
a result, cities should continue to follow their current drug testing procedures related to CDL
holders and to enforce prohibitions against any use of cannabis for CDL holders, regardless of
state law protections.
Additionally, public safety employees who carry a firearm cannot lawfully use cannabis under
federal law. Federal law prohibits cities from providing firearms or ammunition to an employee
it knows or has reason to know is using cannabis.
For non-sworn police officer positions and non-CDL drivers, the new law provides no
allowance for an employee to use, possess, or be impaired by cannabis while on duty. Dealing
with impaired behavior on the job site can be challenging, so League staff will continue to
research this new law and next steps for this groups of workers.
Law enforcement impacts of edible
cannabinoids
The new law and recent rulings by the Board of Pharmacy have changed Minnesotaʼs controlled
substances schedules related to certain types of THC products. The League is working with the
Minnesota Chiefs of Police Association to explore the public safety implications of the new law.
Read more news articles
Your LMC Resource
Kyle Hartnett
Asst. Research Manager/Staff Attorney III
(651) 215-4084 or (800) 925-1122
khartnett@lmc.org