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HomeMy WebLinkAboutCC PACKET 07112023CITY OF SAINT ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA Tuesday, July 11, 2023 at 7:00PM 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. Call To Order. Pledge Of Allegiance. Roll Call. Approval Of Agenda. Proclamations And Recognitions. Consent Agenda. Approval Of CC Meeting Minutes CC 06 -27 -2023.PDF License And Permits LICENSEANDPERMITS.PDF Claims 7 -11 -23.PDF Resolution 23 -034 Accepting Donations And Grants Received In 2nd Quarter Of 2023 RESOLUTION 23 -034.PDF Public Hearing. Reports From Commission And Staff. Resolution 23 -035 - Approving A Request For A Conditional Use Permit For Modification To A Car Wash Facility In The PUD District Steve Grittman, City Planner, presenting. COVER MEMO.PDF PRESENTATION.PDF NORTH STAR CAR WASH SITE LOCATION MAP.PDF APPLICATION.PDF NOTICE - PUBLIC HEARING 3801 STINSON.PDF RESOLUTION 23 -035.PDF General Business Of Council. Finance Audit Report Andy Hering, RedPath CPA, presenting. Ordinance 2023 -01 - Amending The St. Anthony City Code, By Amending Sections: 152 Relating To Parking, Temporary Structures And Uses, And Accessory Buildings; 96 Relating To Definitions: 155 Relating To Temporary Signs; 10 Relating To General Penalty; And 150 Relating To Rubbish And Recyclables Steve Grittman, City Planner, presenting. FINAL READING COVER MEMO.PDF ORDINANCE 2023 -01.PDF PARKING CODE.PDF TEMPORARY STRUCTURE CODE.PDF TEMPORARY SIGNS CODE.PDF GENERAL CODE.PDF PUBLIC HEARING NOTICE.PDF Ordinance 2023 -02 - Amending The St. Anthony City Code By Amending Section 150 As It Relates To The Minnesota State Building Code Steve Grittman, City Planner, presenting. FINAL READING ORDINANCE 2023 -02 DRAFT.PDF ORDINANCE 2023 -02.PDF Resolution 23 -036 Approving Summary Publication For Ordinance 2023 -01 Charlie Yunker, City Manager, presenting. RESOLUTION 23 -036.PDF Resolution 23 -037 Approving Summary Publication For Ordinance 2023 -02 Charlie Yunker, City Manager, presenting. RESOLUTION 23 -037.PDF Ordinance 2023 -03 - Amending The St. Anthony City Code, By Amending Sections 111 And 152 Relating To The Regulation Of The Sale, Manufacturing, And Ditribution Of Cannabinoid Products Steve Grittman, City Planner, presenting. FIRST READING COVER MEMO.PDF SAV HEMP ORDINANCE DRAFT 3 ORDINANCE FORM.PDF Quarterly Goals Update Charlie Yunker, City Manager, presenting. 2023 GOALS CHART.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. 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 -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 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: VII. VIII. A. Documents: IX. A. B. Documents: C. Documents: D. Documents: E. Documents: F. Documents: G. Documents: X. XI. XII. A. Documents: XIII. 1 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, July 11, 2023 at 7:00PMJoin 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. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Consent Agenda.Approval Of CC Meeting MinutesCC 06 -27 -2023.PDFLicense And PermitsLICENSEANDPERMITS.PDFClaims7-11 -23.PDFResolution 23 -034 Accepting Donations And Grants Received In 2nd Quarter Of 2023 RESOLUTION 23 -034.PDF Public Hearing. Reports From Commission And Staff. Resolution 23 -035 - Approving A Request For A Conditional Use Permit For Modification To A Car Wash Facility In The PUD District Steve Grittman, City Planner, presenting. COVER MEMO.PDF PRESENTATION.PDF NORTH STAR CAR WASH SITE LOCATION MAP.PDF APPLICATION.PDF NOTICE - PUBLIC HEARING 3801 STINSON.PDF RESOLUTION 23 -035.PDF General Business Of Council. Finance Audit Report Andy Hering, RedPath CPA, presenting. Ordinance 2023 -01 - Amending The St. Anthony City Code, By Amending Sections: 152 Relating To Parking, Temporary Structures And Uses, And Accessory Buildings; 96 Relating To Definitions: 155 Relating To Temporary Signs; 10 Relating To General Penalty; And 150 Relating To Rubbish And Recyclables Steve Grittman, City Planner, presenting. FINAL READING COVER MEMO.PDF ORDINANCE 2023 -01.PDF PARKING CODE.PDF TEMPORARY STRUCTURE CODE.PDF TEMPORARY SIGNS CODE.PDF GENERAL CODE.PDF PUBLIC HEARING NOTICE.PDF Ordinance 2023 -02 - Amending The St. Anthony City Code By Amending Section 150 As It Relates To The Minnesota State Building Code Steve Grittman, City Planner, presenting. FINAL READING ORDINANCE 2023 -02 DRAFT.PDF ORDINANCE 2023 -02.PDF Resolution 23 -036 Approving Summary Publication For Ordinance 2023 -01 Charlie Yunker, City Manager, presenting. RESOLUTION 23 -036.PDF Resolution 23 -037 Approving Summary Publication For Ordinance 2023 -02 Charlie Yunker, City Manager, presenting. RESOLUTION 23 -037.PDF Ordinance 2023 -03 - Amending The St. Anthony City Code, By Amending Sections 111 And 152 Relating To The Regulation Of The Sale, Manufacturing, And Ditribution Of Cannabinoid Products Steve Grittman, City Planner, presenting. FIRST READING COVER MEMO.PDF SAV HEMP ORDINANCE DRAFT 3 ORDINANCE FORM.PDF Quarterly Goals Update Charlie Yunker, City Manager, presenting. 2023 GOALS CHART.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. 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 -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 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: VII. VIII. A. Documents: IX. A. B. Documents: C. Documents: D. Documents: E. Documents: F. Documents: G. Documents: X. XI. XII. A. Documents: XIII. 2 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, July 11, 2023 at 7:00PMJoin 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. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Consent Agenda.Approval Of CC Meeting MinutesCC 06 -27 -2023.PDFLicense And PermitsLICENSEANDPERMITS.PDFClaims7-11 -23.PDFResolution 23 -034 Accepting Donations And Grants Received In 2nd Quarter Of 2023 RESOLUTION 23 -034.PDFPublic Hearing.Reports From Commission And Staff.Resolution 23 -035 - Approving A Request For A Conditional Use Permit For Modification To A Car Wash Facility In The PUD District Steve Grittman, City Planner, presenting.COVER MEMO.PDFPRESENTATION.PDFNORTH STAR CAR WASH SITE LOCATION MAP.PDFAPPLICATION.PDFNOTICE - PUBLIC HEARING 3801 STINSON.PDFRESOLUTION 23 -035.PDFGeneral Business Of Council.Finance Audit ReportAndy Hering, RedPath CPA, presenting.Ordinance 2023 -01 - Amending The St. Anthony City Code, By Amending Sections: 152 Relating To Parking, Temporary Structures And Uses, And Accessory Buildings; 96 Relating To Definitions: 155 Relating To Temporary Signs; 10 Relating To General Penalty; And 150 Relating To Rubbish And RecyclablesSteve Grittman, City Planner, presenting.FINAL READINGCOVER MEMO.PDFORDINANCE 2023 -01.PDFPARKING CODE.PDFTEMPORARY STRUCTURE CODE.PDFTEMPORARY SIGNS CODE.PDFGENERAL CODE.PDFPUBLIC HEARING NOTICE.PDFOrdinance 2023 -02 - Amending The St. Anthony City Code By Amending Section 150 As It Relates To The Minnesota State Building CodeSteve Grittman, City Planner, presenting.FINAL READINGORDINANCE 2023 -02 DRAFT.PDFORDINANCE 2023 -02.PDFResolution 23 -036 Approving Summary Publication For Ordinance 2023 -01Charlie Yunker, City Manager, presenting. RESOLUTION 23 -036.PDF Resolution 23 -037 Approving Summary Publication For Ordinance 2023 -02 Charlie Yunker, City Manager, presenting. RESOLUTION 23 -037.PDF Ordinance 2023 -03 - Amending The St. Anthony City Code, By Amending Sections 111 And 152 Relating To The Regulation Of The Sale, Manufacturing, And Ditribution Of Cannabinoid Products Steve Grittman, City Planner, presenting. FIRST READING COVER MEMO.PDF SAV HEMP ORDINANCE DRAFT 3 ORDINANCE FORM.PDF Quarterly Goals Update Charlie Yunker, City Manager, presenting. 2023 GOALS CHART.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. 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 -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 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:VII.VIII.A.Documents:IX.A.B.Documents:C.Documents:D.Documents: E. Documents: F. Documents: G. Documents: X. XI. XII. A. Documents: XIII. 3 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, July 11, 2023 at 7:00PMJoin 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. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Consent Agenda.Approval Of CC Meeting MinutesCC 06 -27 -2023.PDFLicense And PermitsLICENSEANDPERMITS.PDFClaims7-11 -23.PDFResolution 23 -034 Accepting Donations And Grants Received In 2nd Quarter Of 2023 RESOLUTION 23 -034.PDFPublic Hearing.Reports From Commission And Staff.Resolution 23 -035 - Approving A Request For A Conditional Use Permit For Modification To A Car Wash Facility In The PUD District Steve Grittman, City Planner, presenting.COVER MEMO.PDFPRESENTATION.PDFNORTH STAR CAR WASH SITE LOCATION MAP.PDFAPPLICATION.PDFNOTICE - PUBLIC HEARING 3801 STINSON.PDFRESOLUTION 23 -035.PDFGeneral Business Of Council.Finance Audit ReportAndy Hering, RedPath CPA, presenting.Ordinance 2023 -01 - Amending The St. Anthony City Code, By Amending Sections: 152 Relating To Parking, Temporary Structures And Uses, And Accessory Buildings; 96 Relating To Definitions: 155 Relating To Temporary Signs; 10 Relating To General Penalty; And 150 Relating To Rubbish And RecyclablesSteve Grittman, City Planner, presenting.FINAL READINGCOVER MEMO.PDFORDINANCE 2023 -01.PDFPARKING CODE.PDFTEMPORARY STRUCTURE CODE.PDFTEMPORARY SIGNS CODE.PDFGENERAL CODE.PDFPUBLIC HEARING NOTICE.PDFOrdinance 2023 -02 - Amending The St. Anthony City Code By Amending Section 150 As It Relates To The Minnesota State Building CodeSteve Grittman, City Planner, presenting.FINAL READINGORDINANCE 2023 -02 DRAFT.PDFORDINANCE 2023 -02.PDFResolution 23 -036 Approving Summary Publication For Ordinance 2023 -01Charlie Yunker, City Manager, presenting.RESOLUTION 23 -036.PDFResolution 23 -037 Approving Summary Publication For Ordinance 2023 -02Charlie Yunker, City Manager, presenting.RESOLUTION 23 -037.PDFOrdinance 2023 -03 - Amending The St. Anthony City Code, By Amending Sections 111 And 152 Relating To The Regulation Of The Sale, Manufacturing, And Ditribution Of Cannabinoid ProductsSteve Grittman, City Planner, presenting.FIRST READINGCOVER MEMO.PDFSAV HEMP ORDINANCE DRAFT 3 ORDINANCE FORM.PDFQuarterly Goals UpdateCharlie Yunker, City Manager, presenting.2023 GOALS CHART.PDFReports From City Manager And Council Members.Community ForumIndividuals 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.Information And Announcements.Future Agenda ItemsFUTURE AGENDA ITEMS.PDFAdjournmentIf 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 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:VII.VIII.A.Documents:IX.A.B.Documents:C.Documents:D.Documents:E.Documents:F.Documents:G.Documents:X.XI.XII.A.Documents:XIII. 4 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 JUNE 27, 2023 4 5 CALL TO ORDER. 6 7 Mayor Stille called the meeting to order at 7:00 p.m. 8 9 PLEDGE OF ALLEGIANCE. 10 11 Mayor Stille invited the Council and audience to join in the Pledge of Allegiance. 12 13 ROLL CALL. 14 15 Present: Mayor Stille, Councilmembers Jenson, Randle, Walker and Webster. 16 17 Absent:None. 18 19 Also Present:City Manager Charlie Yunker, Finance Director Shelly Rueckert, City Planner Steve 20 Grittman, and Commissioner Mary Jo McGuire. 21 22 23 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 24 ITEMS. 25 I.26 APPROVAL OF JUNE 27, 2023 CITY COUNCIL MEETING AGENDA. 27 28 Motion by Councilmember Randle, seconded by Councilmember Jenson, to approve the City 29 Council Meeting Agenda of June 13, 2023 as presented. 30 31 Motion carried 5-0. 32 33 II.PROCLAMATIONS AND RECOGNITION. 34 A.35 Commissioner Mary Jo McGuire Presentation. 36 37 Ramsey County Commissioner Mary Jo McGuire provided an update on Ramsey County 38 activities. Ramsey County has over 550,000 residents. They are the most concentrated in 39 diversity and poverty. Ramsey County encompasses all or part of 20 cities. The median 40 household income is $71,000. Commissioner McGuire reviewed the vision, mission and goals of 41 Ramsey County. They have a very active engagement process with residents and cities. Ramsey 42 County received $96M from the Federal Government in 2020. $72M of that was used for 43 housing, food, and financial assistance. Investment was made in employment support. They 44 received American Rescue Plan dollars also to invest in housing and homelessness prevention. 45 The public health department was reinforced. Commissioner McGuire reviewed some of the 46 issues that have been worked on including housing, transit and transportation funds. She spoke 47 about the HRA Levy and this was the first year for a HRA Levy. Commissioner McGuire invited 48 the Council to ask any questions. 49 5 City Council Regular Meeting Minutes June 27, 2023 Page 2 1 Mayor Stille thanked Commissioner McGuire for her update. 2 3 Councilmember Jenson thanked Commissioner McGuire and stated he is excited about the 4 organics pickup that will be county-wide. The participation in this program will be easy. 5 6 Councilmember Webster thanked Commissioner McGuire for her time this evening. She is 7 happy that collaboration is a strong value with the Commission. The Not about you without 8 you statement is very powerful. 9 10 Councilmember Walker asked about organics recycling and asked about redundancy. Will St. 11 Anthony have two options ? Commissioner McGuire stated the plan for the county-wide 12 collection can run in conjunction with what St. Anthony is currently doing. Ramsey County 13 owns the processing plant in Newport. 14 15 Mayor Stille stated he received a mailing about hazardous materials collection for the month of 16 July. Residents can go to the Arden Hills brush site. He said it is comforting to know the county 17 is using embedded social workers with the police. 18 19 Commissioner McGuire invited residents to sign-up to receive her newsletter. 20 21 III.CONSENT AGENDA. 22 A.23 Approval of June 13, 2023 City Council Meeting Minutes. B.24 Licenses and Permits. C.25 Claims. 26 27 Motion by Councilmember Webster, seconded by Councilmember Walker, to approve the 28 Consent Agenda items. 29 30 Motion carried 5-0. 31 32 IV.PUBLIC HEARING - NONE. 33 34 V.REPORTS FROM COMMISSION AND STAFF - NONE. 35 36 VI.GENERAL BUSINESS OF COUNCIL. 37 A.38 Resolution 23-033 – Approving the Proposed 2024 Debt Levy and the Phase II Debt 39 Levy Program for the City of St. Anthony Village. 40 41 Finance Director Shelly Rueckert presented a power point summarizing the 2024 Debt Levy. She 42 noted it is a common practice for local governments to use tax exempt bond financing to provide 43 funds for major projects such as Street and Utility Reconstruction; Mill and Overlay of 44 Reconstructed Streets; Park Improvements, Trails and Sidewalks; Building Improvements or 45 Replacement; and Major Equipment Purchases – Fire Trucks. Street Improvements are the main 6 City Council Regular Meeting Minutes June 27, 2023 Page 3 1 driver of the debt levy. Detailed Engineering and Financial Planning begins approximately one 2 year in advance of the construction start date. 3 4 Sources of Street Improvement and Debt Service Funds are Street Improvement Debt Levy; 5 Bond Proceeds; Assessments; MSA Allocation and One-Time Revenues and Project Savings. 6 These Funds are used for Street Improvement Debt; Street Reconstruction; Utility 7 Reconstruction; Street Lights; Sidewalks; Mill and Overlays; and Alleys. 8 9 The 2024 Mill and Overlay Project will include portions of Hilldale Avenue, 32nd A venue NE, 10 Roosevelt Street, 35th Avenue NE, Edward Street, Harding Street, Hilldale Avenue, 32nd Avenue 11 NE, Edward Street, Belden Drive, 34th Avenue NE Wilson Street, Harding Street, Roosevelt 12 Avenue, Roosevelt Avenue, St. Anthony Road, Townview Avenue and 31st Avenue NE. The 13 2024 Thin Maintenance Overlay will include 31st Avenue NE – Silver Lake Road to Rankin 14 Road. 15 16 Ms. Rueckert reviewed the benefits of the Phase II Debt Levy. Phase II modified the pace of 17 improvements to gain the following benefits: 18 The City’s Debt burden will be reduced faster. 19 The gap years in the street improvement schedule will allow for growth in the 20 infrastructure Levy. 21 Infrastructure Levy will be used to support street costs, saving interest expense and 22 financing costs. 23 Residential Street reconstructions anticipated to be completed by 2040. 24 Gain flexibility to adjust if other levy demands occur. 25 26 Charts showing the Phase II of Debt Levy Planning and Resulting 2024 Debt Levy Program 27 were provided for the Council. The Debt Levy will remain at $2,487,181 for levy year 2024. 28 29 Council is requested to approve the $2,487,181 in combined 2024 Debt Levy and Street 30 Infrastructure Levies as presented. 31 32 Councilmember Randle asked if all of the Mill & Overlays for 2024 will be completed in one 33 summer and Ms. Rueckert stated that is correct. 34 35 Councilmember Webster thanked Ms. Rueckert for getting the City’s finance on a sustainable 36 path. She appreciates her continued commitment. 37 38 Mayor Stille stated this keeps our interest structure and debt levy flat. The same amount is 39 invested in the roads every year. The City is reserving some cash to be able to borrow less. 40 41 Motion by Councilmember Webster, seconded by Councilmember Jenson, to approve Resolution 42 23-033 – Approving the Proposed 2024 Debt Levy and the Phase II Debt Levy Program for the 43 City of St. Anthony. 44 45 Motion carried 5-0. 46 7 City Council Regular Meeting Minutes June 27, 2023 Page 4 B.1 Ordinance 2023-01 – Approving Changes to Multiple Sections in the City Code. 2 3 City Planner Steve Grittman reviewed at the June 13, 2023 City Council Meeting, the Council 4 moved the first reading of the next set of City Code updates. The updated ordinance materials 5 were provided for Council review and consideration for approval of the Second Reading. The 6 red-lined City Code sections were provided for Council review and consideration. 7 8 Mayor Stille noted the color code needs to be modified on pages 31-32 so they match. Mr. 9 Grittman will recheck and modify. 10 11 Motion by Councilmember Walker, seconded by Councilmember Webster, to approve Second 12 Reading of Ordinance 2023-01 – Approving Changes to Multiple Sections in the City Code. 13 14 Motion carried 5-0. 15 16 VII.REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 17 18 City Manager Yunker had no report. 19 20 Councilmember Webster stated she attended the League of Minnesota Cities conference with the 21 Councilmembers last week. She noticed St. Anthony was mentioned in the Star Tribune on June 22 8 regarding traffic safety and traffic stops. 23 24 Councilmember Randle stated he also attended the League of Minnesota Cities conference. 25 26 Councilmember Jenson stated on June 15 he attended the Metro Cities Board of Directors 27 Meeting. On June 21-23 he attended the League of Minnesota Cities conference. On June 23 he 28 also attended the budget meeting for NE Family Services. 29 30 Councilmember Walker stated on June 15 he attended the Urban Land Institute session. On June 31 16 he attended the grand-reopening of Urban Grove Community. He also attended the League of 32 Minnesota Cities conference in Duluth. 33 34 Mayor Stille stated on June 14 he attended the TAP Council and explained what that group does. 35 He also attended the League of Minnesota Cities conference June 21-23, 2023. He thanked 36 Councilmembers that took vacation to attend and also staff. He networked with 16-17 other 37 Mayors. 38 39 VIII.COMMUNITY FORUM. 40 41 No one appeared to address the City Council. 42 43 IX.INFORMATION AND ANNOUNCEMENTS - NONE. 44 45 X. ADJOURNMENT. 46 8 City Council Regular Meeting Minutes June 27, 2023 Page 5 1 Mayor Stille adjourned the meeting at 8:05 p.m. 2 3 Respectfully submitted, 4 Debbie Wolfe 5 TimeSaver Off Site Secretarial, Inc. 6 7 Mayor 8 ATTEST: 9 City Clerk 9 THIS PAGE LEFT INTENTIONALLY BLANK 10 Saint Anthony Village DATE: July 11, 2023 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors License: Romero Landscape & Tree Services, Minneapolis, MN Mechanical Contractors Licenses: Capital City Heating & A/C, Vadnais Heights, MN Heating & Cooling Two, Maple Grove, MN Cigarette and Tobacco License: Applicant:Speedway Location:3259 Stinson Blvd NE NE Commercial Rental Licenses: Applicant:Highcrest Manor LTD Partnership Location:3605 – 3615 37th Ave NE Applicant:Doran St Anthony LLC Location:3760 Silver Lake Rd NE Residential Rental Licenses: Applicant:Joshua Paulsen Location:2908 33rd Ave NE Applicant:Thomas Ranallo Location:3006 Croft Dr NE Applicant:William Clemens Location:3412 Edward St NE Applicant:Tracy Veillette Location:3519 Edward St NE Applicant:Matt Williams Location:3636 Edward St NE Applicant:Iron Eagle Farms LLC Location:4008 Foss Rd #102 11 Applicant:Mutombo Muvundamina Location: 2601 Kenzie Ter #229 2601 Kenzie Ter #308 Applicant:Kathy Daniels Location:2601 Kenzie Ter #327 Applicant:MN2501UG LLC Location:2501 Lowry Ave #101,102,107,111,114 & 117 Applicant:Thomas Deegan Location:3305 – 3310 Roosevelt Ct Applicant:P & E Real Estate Location:3637 – 3639 Stinson Blvd NE Services Station License: Applicant:Speedway Location:3259 Stinson Blvd NE Parks Special Event Beer Permits: Date:7/22/23 Applicant:Sandra Tomczyk Location:Central Park Date:8/19/23 Applicant:Sandra Tomczyk Location:Central Park Date:8/26/23 Applicant:Sandra Tomczyk Location:Central Park Date:8/20/23 Applicant:Joe Coullard Location:Emerald Park 12 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 7/11/2023 - 7/11/2023 Jul 05, 2023 04:30PM Vendor Number Payee Check Issue Date Amount 13284 4FRONT ENERGY SOLUTIONS 07/11/2023 25.00 1118 56 BREWING 07/11/2023 437.00 13287 All State Communications 07/11/2023 1,800.00 1122 AM CRAFTS SPIRITS 07/11/2023 197.11 1100 ARTISIAN BEER COMPANY 07/11/2023 9,732.21 10115 ASPEN MILLS 07/11/2023 465.73 10149 BATTERIES PLUS 07/11/2023 71.96 1013 BELLBOY CORPORATION 07/11/2023 5,077.55 1014 BELLBOY CORPORATION 07/11/2023 370.55 2009 BLACK STACK BREWING 07/11/2023 234.00 12882 BLAINE CUSTOM APPAREL & AWARDS 07/11/2023 180.00 8544 BOURGET IMPORTS 07/11/2023 350.00 1018 BREAKTHRU BEVERAGE MN BEER 07/11/2023 51,967.60 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 07/11/2023 26,140.53 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 07/11/2023 2,027.60 1017 CAPITOL BEVERAGE SALES 07/11/2023 38,167.06 1010 CLEAR RIVER BEVERAGE COMPANY 07/11/2023 2,151.85 1042 CRYSTAL SPRINGS ICE 07/11/2023 807.40 12617 CUSTOM FIRE APPARATUS INC 07/11/2023 421,887.66 2036 FALLING KNIFE BREWING CO 07/11/2023 1,036.00 10508 FERGUSON WATERWORKS 07/11/2023 109.22 13289 Freedom Mechanical LLP 07/11/2023 101.00 11866 GALLS 07/11/2023 141.20 1021 GREAT LAKES COCA COLA 07/11/2023 1,568.62 10601 GROVE NURSERY 07/11/2023 352.00 13288 HAUPT, ALICE 07/11/2023 76.54 2024 HEADFLYER BREWING 07/11/2023 596.00 1019 HOHENSTEIN'S INC 07/11/2023 17,886.35 10684 HOME DEPOT CREDIT SERVICES 07/11/2023 489.95 2013 INBOUND BREWCO 07/11/2023 422.00 12893 INNOVO AUTOMATION 07/11/2023 763.27 2044 INSIGHT BREWING COMPANY 07/11/2023 1,383.64 10772 JENSON/JAN 07/11/2023 195.19 1102 JOHNSON BROTHERS 07/11/2023 3,693.88 1004 JOHNSON BROTHERS LIQUOR COMPANY.07/11/2023 14,816.03 1005 JOHNSON BROTHERS LIQUOR COMPANY.07/11/2023 10,771.52 1006 JOHNSON BROTHERS LIQUOR COMPANY.07/11/2023 17,834.50 1044 JOHNSON BROTHERS LIQUOR COMPANY.07/11/2023 47,742.95 13283 JULIE LATOUR 07/11/2023 110.25 10858 LEAGUE OF MN CITIES INSURANCE TRUST P&C 07/11/2023 3,971.99 12894 LEAST SERVICE COUNSELING LLC 07/11/2023 705.00 2045 LIBATION PROJECT 07/11/2023 442.08 2010 LUPULIN BREWING 07/11/2023 305.40 11985 MANSFIELD OIL COMPANY 07/11/2023 1,596.84 13255 MARTIN MARIETTA MATERIALS INC 07/11/2023 549.61 1125 MAVERICK (NEGOCE)07/11/2023 327.48 13188 MCNAMARA CONTRACTING INC 07/11/2023 122,242.03 2029 MEGA BEER 07/11/2023 123.00 13241 METRO INET 07/11/2023 19,756.00 10932 METROPOLITAN COUNCIL 07/11/2023 2,460.15 2005 MILK AND HONEY CIDERS 07/11/2023 338.00 12940 MINNEHAHA BLDG MAINTENANCE 07/11/2023 76.95 11871 MINNESOTA DEPT OF LABOR & INDUSTRY 07/11/2023 10.00 13 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 7/11/2023 - 7/11/2023 Jul 05, 2023 04:30PM Vendor Number Payee Check Issue Date Amount 2006 MODIST BREWING COMPANY 07/11/2023 803.00 1051 NEW FRANCE WINE COMPANY 07/11/2023 1,355.50 13286 NORTH CENTRAL AMBULANCE & SALES 07/11/2023 96,112.00 13210 ODP BUSINESS SOLUTIONS LLC 07/11/2023 138.19 11185 PACE ANALYTICAL SERVICES INC.07/11/2023 500.00 1012 PAUSTIS & SONS 07/11/2023 1,291.75 2034 PEQUOD DISTRIBUTION 07/11/2023 516.90 1001 PHILLIPS WINE & SPIRITS 07/11/2023 8,616.13 1002 PHILLIPS WINE & SPIRITS 07/11/2023 7,854.36 11215 PIONEER RIM AND WHEEL CO.07/11/2023 40.36 2019 PRYES BREWING COMPANY 07/11/2023 1,216.33 1062 RED BULL DISTRIBUTION COMPANY 07/11/2023 471.84 13240 SITEONE LANDSCAPE SUPPLY LLC 07/11/2023 24.39 2018 SMALL LOT WINES 07/11/2023 302.00 1024 SOUTHERN GLAZER'S OF MN 07/11/2023 2,992.84 1008 SOUTHERN GLAZER'S OF MN 07/11/2023 1,694.13 1026 SOUTHERN GLAZER'S OF MN 07/11/2023 12,749.58 1036 SOUTHERN GLAZER'S OF MN 07/11/2023 276.56 11465 ST. ANTHONY-NEW BRIGHTON 07/11/2023 26,087.78 2001 STEEL TOE BREWING 07/11/2023 519.00 11994 STERICYCLE INC 07/11/2023 60.50 13178 STEVEN P CARLSON 07/11/2023 3,500.00 12920 SVAP III SILVER LAKE VILLAGE LLC 07/11/2023 5,268.80 11586 TRACY PRINTING 07/11/2023 3,761.00 1098 TRADITION WINE & SPIRITS 07/11/2023 166.00 13285 URBAN GROVE 07/11/2023 500.00 2007 URBAN GROWLER 07/11/2023 843.49 11674 VERIZON WIRELESS 07/11/2023 1,527.97 11681 VIKING ELECTRIC SUPPLY INC 07/11/2023 94.93 1025 VINOCOPIA 07/11/2023 1,485.00 13185 WEBSTER, WENDY 07/11/2023 205.19 1034 WINE COMPANY THE 07/11/2023 1,636.00 1038 WINE MERCHANTS INC 07/11/2023 6,895.39 1032 WINEBOW 07/11/2023 234.00 11740 XCEL ENERGY 07/11/2023 24,122.03 Grand Totals: 1,048,948.39 14 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-034 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 2nd Quarter of 2023: Met Council I & I Grant 2021 $27,733.00 Met Council I & I Grant 2022 $27,733.00 TZD 1st Qtr/City of St. Paul $ 7,049.32 DNR- Emerald Ash Bore $12,458.45 Total $74,973.77 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 2nd quarter of 2023. Adopted this 11th day of July, 2023. _________________________________________ Randy Stille, Mayor ATTEST:___________________________ City Clerk Review for Administration: _______________________________________ Charlie Yunker, City Manager 15 THIS PAGE LEFT INTENTIONALLY BLANK 16 MEMORANDUM To:Mayor Stille and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:City Council Meeting – July 11, 2023 GC Project No.140.01 – 23.01 Request:Request for a Conditional Use Permit for additions to a Car Wash Facility in a PUD, Planned Unit Development District Property Address:3801 Stinson Boulevard Property PID:31-30-23-33-0004 PROJECT DESCRIPTION The Applicants are seeking a Conditional Use Permit to modify and add vacuum facilities to an existing car wash at the above address. The North Star Car Wash is an automatic car wash building, with a few individual vacuum stations in a portion of the parking area near the exit from the wash building. Traffic enters the site – primarily from 38th Street NE, enters the car wash building at its east side, proceeds through the wash to the exit on the west side, and then may park to the south at individual vacuum locations near that exit. Traffic can exit the site back to 38th Street NE, or there is a shared access point to the 3803 parcel to the north. The applicant’s plans show the replacement of these individual vacuum sites with a common vacuum system all along the parking area on the south side of the building. What is currently an open parking area (adequate for approximately 10 parked vehicles) would be converted to 8 vacuum stations. These stations would be fed from an equipment area at the east end of the row of “parking” spaces. The plan drawing shows the equipment in an island area, but no curb or island currently exists in that space. It appears that the project would plan to add that island area. STAFF AND PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the proposal during a public hearing at its regular meeting on June 20, 2023. The applicant was present, along with a representative of the applicant with specific experience relating to the vacuum system proposed. In addition, several members of the public were present. All members of the public who spoke, and two correspondents prior to the hearing, were supportive of the proposal. 17 City Council Meeting, July 11, 2023 Page 2 The commission discussed the proposal, the staff report and recommendations, and the comments provided at the hearing. The Commission then voted unanimously to recommend approval of the Conditional Use Permit, with three specific modifications to the conditions of approval offered by staff. The applicant expressed support for these changes. The staff conditions, and the recommended changes in redline, are listed as follows: 1.The applicant adds a structured enclosure of colored block maintenance free fencing consisting of complementary materials surrounding (at least on three sides) the proposed common equipment shown on the plan, at least as tall as the equipment, to screen views and potential noise issues from adjoining residential property. This fencing should be supplemented by a planting of shrubs surrounding the enclosure. 2.The applicant verifies that the additional noise generated by the equipment will be dissipated to no more than existing levels at the property line with the proposed enclosure. 3.The applicant considers locating shall locate the equipment and enclosure to the west to maximize its distance from the east property line, but no closer to Stinson Boulevard than the westerly building wall. 4.The final location should be separated from the paved circulation spaces by concrete curb. 5.The applicant provides a site plan, to scale, showing parking spaces for employees and customers who park while drying their vehicles or performing other details. A total of five such spaces should be adequate, in addition to the vacuum station locations. 6.The applicant should verify that lighting of the vacuum stations will not result in a violation of the City Code lighting standards - .5 footcandles at the east property line, and 1.0 footcandles at the adjoining streets to the south and west. The applicant shall add side shielding as described by the applicant’s representative to each light bar to accomplish this requirement. 7.Comments and recommendations of the Planning Commission following the public hearing. Staff has reviewed the project for land use compliance with the intent and policies of the City’s Comprehensive Plan, and for zoning consistency with the Commercial District as a baseline. In summary, the Comprehensive Plan supports mixed uses in this area, and Commercial uses are part of that mix. The proposed application would, with appropriate conditions, facilitate that purpose for the subject property. The conditions recommended by staff, and clarified by Planning Commission, mitigate potential noise and light impacts from the new vacuum facilities. 18 City Council Meeting, July 11, 2023 Page 3 GENERAL INFORMATION Applicant:David Martinez Hernandez Owner:same Location:3801 Stinson Boulevard Existing Land Uses:Site in Question: Commercial Car Wash Property to North:Vacant Commercial Property to East:Multi-Family Residential Property to West:Institutional (Columbia Hts.) (Stinson Blvd.) Property to South:Multi-Family Residential (38th Street NE) Zoning:PUD, Planned Unit Development Deadline for Agency Action: Application Complete: May 18, 2023 60 Days: July 17, 2023 Letter Sent:NA 120 Days:September 15, 2023 Background and Analysis Project Description. As discussed above, the project involves a change to the existing car wash facility by exchanging three individual vacuum units, currently located along the south and westerly side of the parcel, with a combined 8-unit common vacuum system arrayed along the south side of the building. This change to the site requires a Conditional Use Permit, per the requirements of the most applicable underlying zoning district. The ordinance identifies a series of general requirements for Conditional Use Permit consideration, and adds several specific requirements applicable to car wash facilities. 19 City Council Meeting, July 11, 2023 Page 4 General CUP Requirements. The general requirements for any Conditional Use Permit are as follows: (1)The use is one of the conditional uses specifically listed for the district in which the property is located; -Car wash facilities are listed in the C, Commercial District. (2)The City Council has specified all conditions which the City Council deems necessary to make the use compatible with other uses in the area; -Those conditions taken directly from the City’s code are listed below, and any others would be established as a part of the City’s action on the CUP request. (3)The use will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or to the values of property in the vicinity; -The conditions attached to this recommendation and any others added by the Commission and/or Council are designed to address detrimental impacts, if any. (4)The use will provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare. -The use has operated in this located for several years, and the upgrade in services (via the common vacuum system) would be a component of public “convenience” and “general welfare”. Specific conditions. These conditions come from the City’s zoning ordinance section that allow car washes as Conditional Uses, Section 152.122: (G) Car washes; subject to and including, but not limited to, the following conditions: 1. Any such facility is designed to adhere to all noise-related requirements of the City and State. 2. Headlight glare is fully screened from view of adjoining residential property. 3. The facility is designed to be fully closed whenever any mechanical activity is in operation, including both entry and exit doors. 4. Vacuum mechanical equipment is housed within the primary structure, or if in individual equipment outside, is designed so as to avoid noise detection at the boundary of any adjoining residential property. With regard to noise as addressed in Item 1., the applicant has provided on-site noise readings from around the site, with the highest levels on the westerly portion of the property, near the exit and existing vacuum stations. This portion of the property is nearest Stinson Boulevard, and across Stinson, a religious institutional use and parking lot. Also on the west, a small apartment building lies just south of the parking lot. The proposed change to the site would eliminate those individual vacuum stations, replacing them with a single common station, with the equipment located near the southeast corner of the building. That equipment will be approximately 100 feet farther from the current vacuum sites. The 4th element of this section address the equipment in more detail. Item 2 requires a screening of headlight glare from residential property. The current condition provides for incoming traffic parallel to the east property line, adjacent to the Legends multi-family residential building, then turning into the wash building away from 20 City Council Meeting, July 11, 2023 Page 5 residential structure. Exiting traffic faces the institutional building and parking area. No changes are planned for this pattern. Item 3 relates to mechanical wash equipment standards. The mechanical wash equipment is an existing condition of the facility, and is not proposed to change. Finally, Item 4 requires that vacuum equipment be housed with the primary structure or is situated and designed to avoid noise detection at the boundary of adjoining residential property. Two residential uses adjoin this site, both multi-family structures to the east, and then to the south across 38th Street NE. The proposed vacuum equipment is shown located on a parking lot island nearer to the Legends building than the current individual vacuum units. In addition, it is unscreened from view both to the south and to the east. The applicant has provided a specification sheet that indicates the vacuum equipment will produce up to 76 decibels from a distance of 15 feet. The equipment location is proposed to be approximately 50 feet from the easterly property line, and approximately 125 feet to the property line across 38th Street to the south. As noted above, the equipment is visible from both directions. No additional information indicates the reduced noise volumes beyond the 15 foot distance. To address this, staff would suggest that enclosing the equipment within a solid screening structure should be adequate to minimize both noise and visual impacts of the equipment. The enclosure should reflect the modest materials used in the principal building, primarily colored concrete block. Such structure should successfully moderate any noise impacts of the equipment, and would effectively block views from the adjoining property. It is expected that the structure could be three-sided rather than four, leaving the side open which faces the existing building for access and maintenance of the equipment. It may also be possible to relocate the equipment and structure toward the southwesterly corner of the building, rather than the southeast corner as proposed – this would maximize its distance from the residential buildings. Parking. The proposed location for the vacuum stations occupy the currently available parking spaces on the site. Given the dimensions of the other paved spaces, parking in other locations is likely to interfere with circulation or cause other issues. There may be potential for a small number of parking spaces where the current vacuums are located, and near the proposed equipment location on the plan. These areas should be designed and striped for staff or other parking, separate from the vacuum spaces proposed. Only spaces to accommodate staff or Lighting. A final note relates to lighting of the vacuum stations. The design of similar structures includes a stream of LED lighting along the overhanging structure. The applicant should detail the lighting of the site, and show how the lighting will not impact views of the structures from the adjoining streets. The City Code’s nuisances section provides that lighting may produce no more than .5 footcandles of light at the property line adjoining a residential use, or 1.0 footcandles at other boundaries (such as the adjoining streets in this case). The applicant should demonstrate that this standard is met with the proposed lighting design. 21 City Council Meeting, July 11, 2023 Page 6 Summary and Planning Commission Recommendation. In summary, staff and Planning Commission believe that the proposed changes to the subject property are reasonable and within the expectations of the zoning ordinance, under the following circumstances and conditions: 1.The applicant adds a structured enclosure of maintenance free fencing consisting of complementary materials surrounding (at least on three sides) the proposed common equipment shown on the plan, at least as tall as the equipment, to screen views and potential noise issues from adjoining residential property. This fencing should be supplemented by a planting of shrubs surrounding the enclosure. 2.The applicant verifies that the additional noise generated by the equipment will be dissipated to no more than existing levels at the property line with the proposed enclosure. 3.The applicant shall locate the equipment and enclosure to the west to maximize its distance from the east property line, but no closer to Stinson Boulevard than the westerly building wall. 4.The final location should be separated from the paved circulation spaces by concrete curb. 5.The applicant provides a site plan, to scale, showing parking spaces for employees and customers who park while drying their vehicles or performing other details. A total of five such spaces should be adequate, in addition to the vacuum station locations. 6.The applicant should verify that lighting of the vacuum stations will not result in a violation of the City Code lighting standards - .5 footcandles at the east property line, and 1.0 footcandles at the adjoining streets to the south and west. The applicant shall add side shielding as described by the applicant’s representative to each light bar to accomplish this requirement. CITY COUNCIL ACTION: Adopt Resolution 23-035 Approving a request for a Conditional Use Permit for modifications adding a central vacuum system to the North Star Car Wash facility at 3801 Stinson Boulevard NE in the PUD, Planning Unit Development District, with the conditions and findings identified in said resolution. ATTACHMENTS 22 City Council Meeting, July 11, 2023 Page 7 Exhibit A:Location map Exhibit B:Application and Supporting Material Exhibit C: Resolution 23-035 23 7/6/2023 1 CITY COUNCIL JUNE 20, 2023 3801 Stinson Boulevard North Star Car Wash Conditional Use Permit for modification to the vacuum systems on the property. 3801 STINSON BOULEVARD - ZONING 24 7/6/2023 2 NORTH STAR CAR WASH - CUP SITE PLAN CAR WASH BUILDING/VACUUM FACILITY 25 7/6/2023 3 CONDITIONAL USE PERMIT– RECOMMENDED CONDITIONS 1. The applicant adds a structured enclosure of maintenance free fencing consisting of complementary materials surrounding (at least on three sides) the proposed common equipment shown on the plan, at least as tall as the equipment, to screen views and potential noise issues from adjoining residential property. This fencing shall be supplemented by a planting of shrubs surrounding the enclosure. 2. The applicant verifies that the additional noise generated by the equipment will be dissipated to no more than existing levels at the property line with the proposed enclosure. 3. The applicant shall locate the equipment and enclosure to the west to maximize its distance from the east property line, but no closer to Stinson Boulevard than the westerly building wall. CONDITIONAL USE PERMIT– RECOMMENDED CONDITIONS 4.The final location should be separated from the paved circulation spaces by  concrete curb. 5.The applicant provides a site plan, to scale, showing parking spaces for employees  and customers who park while drying their vehicles or performing other details.  A  total of five such spaces should be adequate, in addition to the vacuum station  locations. 6.The applicant should verify that lighting of the vacuum stations will not result in a  violation of the City Code lighting standards ‐.5 footcandles at the east property line,  and 1.0 footcandles at the adjoining streets to the south and west.  The applicant  shall add side shielding as described by the applicant’s representative to each light  bar to accomplish this requirement. 26 Site Location 3801 Stinson Blvd. North Star Car Wash Conditional Use Permit 27 28 29 30 31 32 33 34 35 36 37 38 NOTICE OF A PUBLIC HEARING June 20, 2023, 7:00 p.m. City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418 Notice is hereby given that the City of Saint Anthony Village Planning Commission will hold a public hearing to solicit public response to a conditional use request to install new vacuum system and related minor site plan modifications at the property located at 3801 Stinson Blvd. The Planning Commission agenda and packet item relating to this application will be made available prior to the meeting online at www.savmn.com. Ways to Comment: Online Those persons having an interest are encouraged to attend via Zoom. The link to participate via Zoom can be found at https://savmn.com/Calendar.aspx?EID=1817 In Person The public is welcome to attend in person at the City of Saint Anthony Community Center, 3301 Silver Lake Road, in the Council Chambers at 7:00 p.m. Written Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the public hearing. Comments can also be conveyed via email, to planner@savmn.com until the date of the public hearing. Questions? Questions may be directed to the City Planner at 612-409-6503. The Planning Commission will make a recommendation regarding the proposed request to the City Council for their meeting tentatively to be scheduled on July 11, 2023 at 7:00 p.m. at City Hall. Steve Grittman City Planner 39 CITY OF SAINT ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION 23-035 A RESOLUTION APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR MODIFICATIONS TO A CAR WASH FACILITY IN THE PUD, PLANNED UNIT DEVELOPMENT DISTRICT WHEREAS, the City of St. Anthony Village received a request from the applicant and owner of 3801 Stinson Boulevard for a Conditional Use Permit related to modifying car wash vacuum facilities on said property; and WHEREAS, the property consists of approximately .65 acres and is located in the Silver Lake Village PUD, Planned Unit Development zoning district; and WHEREAS, the subject building houses a car wash and three independent vacuum stations, with a separate parking lot; and WHEREAS, car wash facilities are allowed by Conditional Use Permit in the Commercial areas of the City; and WHEREAS, consideration of a conditional use permit in such areas is required to avoid unreasonable negative impacts on adjoining commercial and residential property, and well as on the public rights of way; and WHEREAS, the conditions identified as a part of an approval for the proposed Conditional Use Permit 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 June 20, 2023 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 Conditional Use Permit PUD Amendment with the conditions noted in the Staff report, and as listed below; and WHEREAS, the City Council makes the following findings of fact in support of the resolution for approval: 1.The property is located in an area of mixed uses on a major collector roadway. 2.The proposed use is identified as an allowed Conditional Use in the Commercial zoning district, and as such, potentially allowed in the PUD district by Conditional Use Permit. 3.The additional impacts of the proposed use related to the potential for noise and lights. 4.The proposed conditions of approval are intended to mitigate those additional impacts. 5.The proposed business use and expansion constitutes a reasonable use of the property. 6.The proposed uses, constructed and operated within the requirements of the Code and the conditions of this resolution, will not impact surrounding property or public areas beyond the expected impacts of permitted, compliant uses in the commercial zoning district, nor negatively impact health, safety, or welfare of the community. 40 7.With the proposed conditions, the City Council finds that there is no evidence to believe that the use will have a detrimental effect on neighboring uses or property values. 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 approves Conditional Use Permit authorizing modifications to the vacuum system for the car wash facility as shown on the plans submitted on or before May 16, 2023, at 3801 Stinson Boulevard, in accordance with the following conditions: 1.The applicant adds a structured enclosure of maintenance free fencing consisting of complementary materials surrounding (at least on three sides) the proposed common equipment shown on the plan, at least as tall as the equipment, to screen views and potential noise issues from adjoining residential property. This fencing should be supplemented by a planting of shrubs surrounding the enclosure. 2.The applicant verifies that the additional noise generated by the equipment will be dissipated to no more than existing levels at the property line with the proposed enclosure. 3.The applicant shall locate the equipment and enclosure to the west to maximize its distance from the east property line, but no closer to Stinson Boulevard than the westerly building wall. 4.The final location should be separated from the paved circulation spaces by concrete curb. 5.The applicant provides a site plan, to scale, showing parking spaces for employees and customers who park while drying their vehicles or performing other details. A total of five such spaces should be adequate, in addition to the vacuum station locations. 6.The applicant should verify that lighting of the vacuum stations will not result in a violation of the City Code lighting standards - .5 footcandles at the east property line, and 1.0 footcandles at the adjoining streets to the south and west. The applicant shall add side shielding as described by the applicant’s representative to each light bar to accomplish this requirement. Passed in regular session of the City Council on the 11th day of July, 2023. ____________________________________ Randy Stille, Mayor ATTEST:____________________________ City Clerk Review for Administration: ____________________________________ Charlie Yunker, City Manager 41 THIS PAGE LEFT INTENTIONALLY BLANK 42 7/10/2023 1 1 Saint Anthony Village 2022 Audit July 11, 2023 Andy Hering, CPA   651‐407‐5877 ahering@redpathcpas.com Reports Issued •Annual Comprehensive Financial Report Includes the Independent Auditor’s Report •State Legal Compliance Report •Report on Internal Controls •Communication with Those Charged with Governance 2 7/10/2023 2 Opinion on Financial Statements – Audit Process •Audit Fieldwork – auditor performs tests to verify: Occurrence:  recorded transactions and events pertain to the City Completeness:  all transactions and events that should have been  recorded were recorded Accuracy, Cutoff, Classification:  amounts are accurately recorded in  the correct year and in the correct accounts •Audit techniques Source documentation Analytical procedures Journal entry testing •Unmodified (“clean”) opinion on the financial statements 3 State Legal Compliance Report •Required by Minnesota Statute §6.65 •OSA audit guide covers seven categories 1) contracting and bidding 2) deposits and investments 3) conflicts of interest 4) public indebtedness 5) claims and disbursements 6) other miscellaneous provisions 7) tax increment provisions •1 compliance finding ~ $521,000 of cash held at the City’s brokers at year‐end was not covered by FDIC insurance or other collateral 4 7/10/2023 3 Report on Internal Control •What did we do? We gained an understanding of internal controls in place and their  effectiveness in order to design our audit procedures •Examples of Internal Controls Approval over disbursements Reviewing monthly bank reconciliations Ideal segregation of duties Review of financial information to detect errors •What is the result? No internal control findings 5 Communication with Those Charged with Governance •Required Communications: One significant new accounting standard adopted for 2022 related to  leases Corrected and Uncorrected Misstatements Sensitive footnotes:  Note 6 –long‐term debt, Note 7 –defined benefit  pension plans No difficulties encountered or disagreements with management 6 7/10/2023 4 Financial Results General Fund: –Fund balance increased $128,071 during 2022 7 Favorable Final (Unfavorable) Budget Actual Variance Revenues $7,763,000 $8,500,000 $737,000 Expenditures 7,822,000 7,782,000 40,000 Revenues over (under) expenditures (59,000) 718,000 777,000 Other financing sources (uses): Transfers from other funds 265,000 290,000 25,000 Transfers to other funds (192,000) (880,000) (688,000) Total change in General Fund balance $14,000 $128,000 $114,000 Financial Results •General Fund balance as of December 31, 2022 is as follows: 8 Nonspendable - prepaid items/inventory $164,687 Unassigned 3,840,170 Total fund balance $4,004,857 7/10/2023 5 Financial Results •The fund balance available as of December 31, 2022 is sufficient to meet  the City’s policy for minimum unassigned fund balances as follows: 9 2023 expenditure budget $8,774,588 Less: Police services to other cities (860,310) Financial services to MWMO (121,868) Net 2023 budget 7,792,410 Minimum balance (35-50%) 35% City minimum working capital fund balance $2,727,344 Net unassigned amount available at 12/31/22 $3,840,170 Actual percent of net budget 49% Financial Results Water and Sewer Enterprise Fund: –Water operations for the past five years are as follows: 10 $ - $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 $1,100,000 $1,200,000 $1,300,000 $1,400,000 $1,500,000 $1,600,000 $ - $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 $1,100,000 $1,200,000 $1,300,000 $1,400,000 $1,500,000 $1,600,000 $1,700,000 2018 2019 2020 2021 2022 Depreciation Other Operating Expenses Operating Revenue Water Operations Revenue and Expenses 7/10/2023 6 Financial Results Water and Sewer Enterprise Fund: –Sewer operations for the past five years are as follows: 11 $ - $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 $1,100,000 $1,200,000 $1,300,000 $1,400,000 $ - $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 $800,000 $900,000 $1,000,000 $1,100,000 $1,200,000 $1,300,000 2018 2019 2020 2021 2022 Depreciation Other Operating Expenses MCES Operating Revenue Sewer Operations Revenue and Expenses Financial Results Liquor Fund: 2022 operating income was $476,703 $275,000 transferred to the General Fund $141,000 increase in cash balance to $1.38M 12 Sales $7,040,797 100.0% $7,259,565 100.0% Cost of sales 5,212,277 74.0% 5,431,563 74.8% Gross margin 1,828,520 26.0% 1,828,002 25.2% Operating expenses 1,351,817 19.2% 1,380,707 19.0% Income from operations 476,703 6.8% 447,295 6.2% Investment income & other (26,858) -0.4% (2,440) 0.0% Transfers out (275,000) -3.9% (250,000) -3.4% Net income 174,845 2.5% 194,855 2.7% 2022 2021 3301 Silver Lake Road, St. Anthony, Minnesota 55418-1699 Office: (612) 782-3301 • Fax: (612) 782-3302 • www.savmn.com MEMORANDUM TO:Mayor Stille and St. Anthony Village City Council City Manager Charlie Yunker FROM:Stephen Grittman, City Planner DATE:July 6, 2023 MEETING DATE:July 11, 2023 RE:St. Anthony Village – City Code Amendments: -Parking, Temporary Signs, Temporary Structures, Other GC FILE:140.00 UPDATE REPORT and CODE At the June 27th meeting of the City Council, the Council moved the second reading of the next set of City Code updates forward to the second reading. The updated ordinance materials, in ordinance form, are attached for Council review and consideration. CITY COUNCIL ACTIONS: Approve the Third Reading of the proposed City Code Amendments, Ordinance 2023-01 ATTACHMENTS Exhibit A:Ordinance 2023-01 43 ORDINANCE 2023-01 CITY OF ST. ANTHONY HENNEPIN AND RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE, BY AMENDING SECTIONS: 152 RELATING TO PARKING, TEMPORARY STRUCTURES AND USES, AND ACCESSORY BUILDINGS; 96 RELATING TO DEFINITIONS; 155 RELATING TO TEMPORARY SIGNS; 10 RELATING TO GENERAL PENALTY; AND 150 RELATING TO RUBBISH AND RECYCLABLES THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS: Section 1. Section § 152.179 is hereby deleted in its entirety, and amended to read as follows: § 152.179 PARKING. (A) On-site parking. All property in the city must comply with the following on-site parking requirements. (1) Each parking space must be at least 9 feet by 20 feet and those in the R-4, B, C, and LI Districts must be clearly marked and outlined (2) The total area of a parking lot, including all parking spaces, drive aisles, islands and landscaping must be no less than the required number of parking spaces multiplied by 300 square feet. (3) All vehicles, as defined in §152.008, parked on any parcel in an R-l, R-1A, R- 2, or R-3 District must be parked on a surface paved with asphalt or bituminous material, concrete, cement, brick, or other paved surface, or, if between the front of the principal structure and the public street, on a driveway surfaced in accordance with this Section. (4) Any vehicle without a current state registration must be kept in a garage or other building. (5) Minimum number of spaces. This section applies to any new development, or redevelopment that alters an existing parking lot’s dimensions or square footage of the buildings served by the subject parking facility: (a) Single-family detached units must have at least one (1) fully enclosed parking space; (b) Two-family dwellings and townhouses must have at least 2 parking spaces per unit, at least 1 of which is enclosed. There must be a fire wall meeting fire code requirements separating parking stalls from living space; Multiple family residential must provide at least 1.2 spaces per bedroom. Housing legally required to be occupied by seniors only may provide a lesser amount based on the services and resident needs of the building as determined by the City Council. 44 ORDINANCE 2023-01 (c) Churches, clubs, and restaurants must have a number of parking spaces which is no less than the total designed seating capacity of the structure divided by 2.5, plus 1 parking space for each employee on the largest shift; (d) Convalescent or nursing homes must have at least 1 space for every 5 beds, plus 1 space for every employee on the largest shift; (e) Retirement homes must have at least 1 parking space for every 3 living units; (f) Uses in the C District must have at least 1 parking space for every 300 square feet of gross floor area; (g) Light industrial, manufacturing, testing, and research uses must have 1 space for every 500 square feet of building floor area; (h) Warehousing, transfer, and storage uses must have at least 1 space per 1,000 square feet of gross floor area; (i) Animal hospitals must have at least 4 parking spaces for every 1,000 square feet of gross floor area; (j) Medical and dental offices must have no fewer than 4 parking spaces per 1,000 square feet of gross floor area; (k) The parking requirements in the R/O District will be set by the City Council according to the expected demand for a particular facility; and (l) Fast food, take out, and convenience restaurants must have at least 1 parking space for every 50 square feet of gross floor area, plus 8 stacking spaces for every menu board. Coffee shops with drive-through lanes shall provide no less than 12 stacking spaces. (6) The number of existing on-site parking spaces on a property may not be reduced below the number required under division (A)(5) above, except for nonresidential uses permitted under §§ 152.036 or 152.037, for which the City Council may establish a lower number of on-site parking spaces if the owner has demonstrated that a specific structure and use will not have an adverse effect on off-site parking in the vicinity of the property. (7) Where parking is lighted, the light sources may not exceed 30 feet in height, nor may the light intensity exceed 1 footcandle measured at the property line. (8) Any parking area or access drive constructed in any zoning district after 5-1- 1987 must be paved with either asphalt or concrete, or with pavers of stone, asphalt, concrete, brick, or similar materials. Regardless of the design or manufacturers specifications, all such materials are considered impervious for the purposes of the applicable lot coverage requirements. (9) All parking must meet the city’s grade requirements for proper drainage, and there must be approved curbing around the perimeter of all parking areas except in the R-l, R-1A, and R-2 Districts. (10) Travel trailers, campers, and other recreational vehicles may not be parked in any zoning district for use as a dwelling or for sleeping or housekeeping purposes. 45 ORDINANCE 2023-01 (11) As used in this division (A), COMMERCIAL PARKING LOT means any surface used for parking more than 3 vehicles in any zoning district except R-l and R-2, including access drives. The construction or reconstruction of any commercial parking lot requires a zoning permit. The owner of any commercial parking lot must maintain it in a safe condition, and the maintenance will include sweeping to control dust, dirt and debris; removal of snow; and the filling of holes caused by freezing and thawing as soon as practicable. Snow may be stored on the parking lot only if it does not obstruct the visibility of, or interfere with, vehicular or pedestrian traffic in the parking lot or access to the parking lot. Snow storage shall not reduce the number of available parking spaces below the number required in Section (A)(5). No snow may be stored on the city right-of-way. All commercial parking lots must be supplied with appropriate trash and rubbish containers which are emptied as necessary. If an owner fails to comply with this division (A)(11), the city may give notice to the owner that the city will bring the property into compliance at the owner’s expense if the owner has not done so within 30 days after the date of the notice. If the owner does not comply within the 30-day period, the city may cause the work to be done, and bill the owner for the reasonable value of the services. If the owner fails to pay for these improvements within 60 days, the city may proceed to levy a special assessment against the improved property pursuant to M.S. Chapter 429, as it may be amended from time to time. (B) Prohibited on-site parking. (1) In the C and LI Districts it is unlawful to park a vehicle in any of the following areas: (a) Within 5 feet of a side lot line; (b) Within 10 feet of the front property line; and/or (c) Within 10 feet of the rear lot line. (2) Where an R-4, B, C, or LI District abuts an R-l, R-2, or R-3 District, it is unlawful to park a vehicle in any location that is not an approved parking space, or provide a parking space on the R-4, B, C, or LI property closer than 20 feet from the R-1, R-2, or R-3 property. (C) Residential driveways. All residentially zoned properties must comply with the following regulations. (1) Driveway width. Residential driveways installed or modified after the date of adoption of the ordinance shall comply with the following standards: (a) Driveways with a single driveway approach shall not exceed 40% of the width of the lot up to a maximum of 36 feet, whichever dimension is the smaller provided the driveway between the curb and right-of-way line does not exceed 28 feet in width. (b) Circular driveways with driveway approach cuts serving the same lot shall not exceed the maximum 36 feet when both driveway approaches are combined. 46 ORDINANCE 2023-01 (2) Driveway setback. Residential driveways enlarged or reconfigured after the date of Ordinance adoptions, shall be setback a minimum of 5 feet from the property lines. (3) Required surface material. All driveways and parking areas shall be of a hard surface. Hard surfaced areas shall consist of a durable material such as concrete, bituminous or pavers, but not including gravel or crushed rock. Any parking space so required or provided shall be surfaced to the full length and width of the vehicle parked on said parking space. Regardless of the design or manufacturers specifications of the proposed surfacing material, all such materials are considered impervious for the purposes of the applicable lot coverage requirements. (4) Parking area. One 400 square foot hard surface parking area adjacent to a garage or driveway for parking purposes shall be permitted. Such area shall not be located in front of the living area of the dwelling. The parking area shall be setback at least 10 feet from the corner side property lines and 5 feet from the interior property line. (5) Permit requirements. All new driveways, alterations, or additions to existing driveways (not including pavement overlay or seal coating) shall require the issuance of a zoning permit. A fee as determined from time to time by the City Council shall be required to process the permit. (D) Residential Parking Location. On any parcel zoned or used for single family residential, parking shall be allowed in those locations identified and shown in Figures 152.179-1, and 152.179-2. 47 ORDINANCE 2023-01 Figure 152.179-1 (See Figure 152.179-2 for graphic) Diagram Area Key Passenger Vehicles and Small Commercial Vehicles Recreational Vehicles Recreational and/or Utility Trailers, including loaded trailers Other Notes applicable to allowed parking by key area Driveway leading directly into a garage within the front yard of a lot. A Any number of passenger or small commercial vehicles; Paved One such vehicle only, if no trailer; Paved One such trailer, including a loaded trailer counting as one unit, if no RV Paved Only one RV, or a trailer, or a loaded trailer allowed in front of the front building line. Parking pad adjacent to the driveway within the front yard of a lot. B Any number of passenger or small commercial vehicles that comply with other regulations herein; Paved One such vehicle, if it is the only such vehicle within the front yard; Paved One such vehicle, if it is the only such vehicle/trailer within the front yard Paved Only one RV, or a trailer, or a loaded trailer may occupy either a place in the driveway, or on a side parking space in front of the front building line Front yard parking other than A or B C No No No Parking Pad in the side yard, adjacent to garage side of structure; driveway to street D Yes, within an area consisting of the 15 feet adjacent to the building. Paved Yes within an area consisting of the 15 feet adjacent to the building. Paved No Must maintain minimum 5 foot setback to side lot line in all cases, and in no case more than four such vehicles. Side yard more than 15 feet from building E No No No Side yard on opposite side of house from garage F No No Behind the front building line Paved Not in the side yard facing a street; or see Item G Parking pad in side yard on corner lot facing a public street G Yes, within an area consisting of the 15 feet adjacent to the building. Paved Yes within an area consisting of the 15 feet adjacent to the building. Paved No This pad area may encroach to within 5 feet of the right of way, provided screening is included between the space and the right of way. Rear yard driveway to alley or to double frontage street right of way. H Yes Paved Yes Paved Yes Paved Must maintain a 5 foot setback to lot line 48 ORDINANCE 2023-01 Parking Pad in the side yard, adjacent to garage side of structure; driveway to alley I Yes, within an area consisting of the 15 feet adjacent to the building. Paved Yes within an area consisting of the 15 feet adjacent to the building. Paved Yes within an area consisting of the 15 feet adjacent to the building. Paved Must maintain minimum 5 foot setback to side lot line in all cases. Rear yard, other than B, C, D, H J No No No Must maintain minimum 5 foot setback to side or rear lot line in all cases. Figure 152.179-2 (see Figure 152.179-1 for key) 49 ORDINANCE 2023-01 50 ORDINANCE 2023-01 Section 2. Section § 96.03 is hereby amended to add the following: DEFINITIONS § 96.03 PAVEMENT. For the purposes of this section, pavement shall mean any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, or aggregate. Section 3. Section § 152.008 is hereby amended to add the following: DEFINITIONS § 152.008 IMPERVIOUS SURFACE. A constructed hard surface that prevents or retards entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development, including rooftops; decks; sidewalks; patios; swimming pools; parking lots; concrete, asphalt, gravel driveways, or pavers, including “permeable” pavers; and other similar surfaces. PARKING SPACE. An area of not less than 180 square feet, exclusive of driveways and aisles, designed for the parking of 1 passenger or small commercial vehicle. PARKING LOT: A facility comprised of parking spaces, drive aisles, circulation, and access that provides for the temporary off-street parking of passenger vehicles and small commercial vehicles, accessory to multiple family residential, commercial, industrial, and institutional principal uses. PARKING, OFF-STREET: The act of keeping a passenger vehicle as defined herein and/or small commercial vehicles, recreational vehicles and emergency vehicles as defined herein, on an approved parking space, properly surfaced per code, for a period of less than twenty-four (24) hours. In residential districts, vehicles as defined and as regulated, may be parked on driveways in the front yard for more than twenty-four (24) hours. Parking, Off-street may include a parking space, parking lot, or parking pad as used in the Code. PARKING PAD: A location on a parcel approved for the parking of a vehicle which is not a driveway. A Parking Pad must meet the relevant performance and location requirements of the applicable Code. VEHICLE, PASSENGER: A vehicle capable of moving under its own power which is licensed and operable for use on public roadways, and shall include the following vehicles: Passenger automobiles, pick-up trucks and sport-utility vehicles of less than 9,000 pounds gross vehicle weight, pick-up trucks and sport-utility vehicles of between 9,000 pounds and 13,000 pounds, commuter vans of a capacity up to 16 persons, and motorcycles. VEHICLE, LARGE COMMERCIAL: A vehicle used for commercial purposes which is a semi-tractor and/or semi-trailer, dump truck, or any other commercial vehicle that does not qualify under the definition of a “Small Commercial Vehicle”. 51 ORDINANCE 2023-01 VEHICLE, SMALL COMMERCIAL: A vehicle used primarily for commercial purposes, including pick-up trucks and sport-utility vehicles larger than 9,000 pounds gross vehicle weight, but less than 13,000 pounds gross vehicle weight which display a commercial business message, and all other commercial vans or trucks, regardless of commercial message which are no greater than any of the following dimensions: 22 feet in length, 8 feet in height, and 8.5 feet in width. VEHICLE, RECREATIONAL: 1.A vehicle that is used and licensed primarily for recreational or vacation purposes, and which is licensed and operable for use on public roadways, whether self-propelled, carried on, or towed behind, a self-propelled vehicle. 2.Operable recreational equipment that is not licensed for use on the public roadway, but used off-road, such as all-terrain vehicles, boats, off-road motorcycles, race vehicles, snowmobiles, or similar equipment. Such equipment shall be properly licensed if the State of Minnesota provides for such licensing. 3.Licensed, operable trailers which may be used to tow recreational equipment, whether such trailers are loaded or unloaded, including utility trailers. Where a trailer is loaded with recreational equipment, such trailer and equipment shall be considered to be one (1) piece of equipment for the purposes of this section. STORAGE, OUTDOOR: The keeping, in an un-roofed area, of any goods, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. This shall not include the display of vehicles for sale in a new or used car sales lot. PAVED: A parking area which is paved as required in this Section with asphalt, concrete, durable pavers, or which is surfaced with materials to match an existing compliant driveway section with pavement. Pavers are an acceptable surfacing material to meet this requirement, but regardless of design or construction, are considered impervious for the purposes of impervious surface requirements. UNSURFACED: A space which is covered by vegetation, such as grass or other landscaped cover, and which is mowed or trimmed to meet the City’s weed control regulations. Unsurfaced space may not include bare ground which may be subject to erosion, tracking of mud onto the roadway, or drainage of silt into a public drainage easement or waterway. Section 4. Section § 152is hereby amended to add the following: § 152.190 TEMPORARY STRUCTURES AND USES. Temporary Structures: The following temporary uses and structures shall be allowed in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is 52 ORDINANCE 2023-01 located and all other applicable provisions of this Title. Where the general standards of the Zoning Ordinance vary from the standards in this Section, the standards of this Section shall apply: (A)Garage, rummage, yard, estate, and/or boutique sales in residential districts are permitted to utilize temporary structures, but shall be limited to three (3) sales each calendar year per dwelling unit, and shall not exceed three (3) consecutive days per sale or nine (9) total days in duration per year. The maximum daily hours of operation shall be 8:00 A.M. to 6:00 P.M. Temporary structures shall not exceed a total of 400 square feet. Temporary Structures erected in conjunction with a garage or boutique sale shall be limited to temporary tent or tarp shelters, and must be placed no closer than three (3) feet to a property line. (B)Special or Celebratory Events in all zoning districts are permitted to utilize temporary structures, limited to tent or tarp shelters, shall be limited to 3 events each calendar year per principal building, and shall not exceed a single (1) day per event or three (3) total days in duration per year. Temporary structures in residential districts shall not exceed a total of 400 square feet. Temporary Structures erected in conjunction with a special or Celebratory event must be placed no less than three (3) feet from a property line. Temporary structures shall be allowed in the Recreation and Open Space District or on public property regardless of zoning district, and shall be exempt from the limitations of this section. (C)Temporary Greenhouses on residential properties shall be permitted for a period of no more than 180 days per calendar year. One (1) temporary greenhouse shall be allowed in addition to, and exempt from, the requirements of Section 155.076, Accessory Structures. Such greenhouses shall be located no closer to any public street than the rear building line of a residential lot, and shall be placed no closer than five (5) feet from any side or rear lot line or any alley. Greenhouses exceeding a duration of 180 days per year shall require a building permit, meet all other standards of the City Code, and shall meet all required accessory building regulations per City Code Section 155.076. (D)Construction Sites: Storage of building materials and equipment or temporary buildings for construction purposes on sites which have active building permits shall be located on the same lot as the project under construction, not in any public right of way, and shall be removed within 30 days following completion of construction and/or termination of the applicable building permit, whichever is sooner. (E)Portable restroom facilities shall be allowed in all districts per the following requirements: 1)In all residential districts, one (1), portable restroom facility shall be allowed in conjunction with a permitted construction activity. The activity must be permitted by the city; the duration of the portable restroom facility cannot begin prior to the issuance of the permit and must end prior to either the expiration date of the permit or the final approval of permitted work by the city building inspector, whichever is shorter. Portable restroom facilities within these districts must be located no closer to any public street than the front building line of the house, and at least five (5) five feet from a property 53 ORDINANCE 2023-01 line. Where portable restroom facilities are allowed, but cannot be placed to meet these requirements due to physical condition of the property, they may be placed in the driveway in front of the principal residence, and encroach in front of the building line no more than eight (8) feet. In such cases, portable restroom facilities shall be placed in such a way as to maximize, insofar as practictable, screening of view from the public right of way and/or residentially zoned property, while acknowledging the need for service and maintenance access. 2)In all Commercial, Industrial and PUD districts, portable restroom facilities shall be allowed in conjunction with a permitted construction activity. The activity must be permitted by the city; the duration of the portable restroom facility cannot begin prior to the issuance of the permit and must end prior to either the expiration date of the permit or the approval of permitted work by the city building inspector, whichever is shorter. Portable restroom facilities within these districts must be completely shielded from public view by a fence or other opaque screening method equal in height to no less than that of the structure when viewed from the street. 3)In any R/OS, Recreation and Open Space district, portable restroom facilities shall be allowed for purposes of serving the public use of property as needed. 4)In all districts, portable restroom facilities shall be placed in such a way as to maximize, insofar as practictable, screening of view from the public right of way and/or residentially zoned property, while acknowledging the need for service and maintenance access. (F) Accessory Seasonal Outdoor Sales, within a Commercial or PUD district, is allowed per the following requirements: 1) The Seasonal Outdoor Sales is an accessory aspect of the principal business on the property. 2)Issuance of a Conditional Use Permit (CUP). For recurring seasonal sales, the CUP shall be valid for each year the sales area is reestablished under an Administrative permit issued by the Zoning Administrator. A lapse of more than one year, or a change to the configuration or size of the proposed sales area, shall require an amendment to the Conditional Use Permit. 2) Shall be allowed for no longer than one hundred eighty (180) consecutive days each calendar year. 3) The outdoor sales area shall be located within the parking lot in a location so as not to disrupt the safety and flow of customer traffic. 4)The outdoor sales area shall not eliminate parking spaces to an amount that is detrimental to primary use or function of the site. 5)The outdoor sales area shall not obstruct existing pedestrian access on the site, whether from parking areas to the building entrance or from the public street to the building entrance. 6. Accessory structures in conjunction with the seasonal sales shall meet all applicable fire codes and parking lot setback requirements. Enclosed 54 ORDINANCE 2023-01 structures 200 square feet or more in size and/or open-sided canopies 400 square feet or more require a review and inspection by the Fire Marshal. Section 5. Section § 155.03 is hereby amended to add the following: § 155.03 DEFINITIONS TEMPORARY SIGN. Any sign, banner, pennant, valance or advertising display constructed with light materials with or without frames intended to be displayed for a limited time only. Temporary signs include, but are not limited to; A, H or T - frame signs, curb, sidewalk, sandwich signs, flags, banners, and balloons. Section 6. Section § 155 is hereby amended to add the following: § 155.10 TEMPORARY SIGNS (A)All Temporary Signs shall require a permit under this Section. Required regulations applying to permanent signs shall apply to temporary signs, except where this Section specifically provides otherwise. (B)Temporary sign permits may be issued by the Zoning Administrator for use only within commercial, light industrial, Planned Unit Development (PUD) and Recreation/Open Space (ROS) zones. (C)Temporary signs and sign structures shall be constructed of durable all-weather materials, such as but not limited to steel, coreaplast plastic foam-core, alumacore, polycarbonate (Lexan), vinyl and nylon. (D)Every temporary sign permitted under the section shall be placed entirely on the property of the principal business use which it is identifying. (E)No more than two (2) temporary signs, obtained by a single permit, advertising the same business or entity shall be upon any single property at the same time. (F)The surface area of all temporary sign(s) issued under a single permit shall not exceed 32 square feet of surface area, measuring one side of each 2-sided sign. This area shall be in addition to permanent, window or other signage allowed elsewhere in this section. (G)No temporary sign, if freestanding, shall be greater than eight (8) feet in height measured from the natural grade at the base of the sign to the top of any component of the sign or sign structure. 55 ORDINANCE 2023-01 (H)During any calendar year, temporary signs may be in place no more than thirty (30) consecutive days, and through the issuance of a maximum of three permits issued, temporary signs may be displayed for a total not exceeding ninety (90) days per calendar. (I)Temporary signs shall be set back a minimum of ten (10) feet from a property line and in no case shall be placed closer than fifteen (15) feet from any roadway. (J)In addition to the permit time allowances in this Section, a property that has a newly established business may display one temporary sign for thirty (30) days leading up to and/or following the opening date. A property that has a business that is going out of business may display a temporary sign for thirty (30) days leading up to the final date of operations. Section 7. Section § 155.23 is hereby amended to add the following: § 155.23 SIGNS REQUIRING NO PERMITS. (G) The owner of any property zoned R-1, R-1A, R-2, R-3, R-4, C, or I may display one (1) temporary sign of up to ten (10) square feet in area per sign surface relating to activities or events occurring in a R/OS, Recreation and Open Space District, for a total of up to twenty eight (28) days per calendar year. This temporary sign display under this section shall be located entirely on the owner’s property, and shall be in addition to the one permitted six (6) square foot non- commercial speech sign per Section 155.30(4). (H) Any property in the R/OS Recreation and Open Space District may display one (1) temporary sign per street frontage of up to ten (10) square feet in area per sign surface relating to activities or events occurring on property zoned R/OS, Recreation and Open Space District. (I) For property zoned Residential, one (1) sign of up to six square feet in area per sign surface may be displayed on days when an active garage or rummage sale is occurring on site, up to a maximum of nine (9) days per calendar year. Section 8. Section § 155.30 (A)(1)(c) is hereby amended to add the following: § 155.30 DISTRICT SCHEDULES. (A)(1)(c) The following types of signs are not permitted in residential zoning districts: 9. Commercial Signs. Section 9. Section § 10.99 is hereby amended to add the following: § 10.99 GENERAL PENALTY. 56 ORDINANCE 2023-01 (D) When any person initiates any work which requires a City permit of any type, but who has not procured the applicable permit prior to initiating said work, the City may impose a fee and penalty that is an amount equal to two times the fee required by the City’s fee schedule. No permit shall be finally approved, nor certificate of occupancy issued if applicable, until the levied fees and penalty, if imposed, have been fully paid. This penalty shall be in addition to any other remedies available to the City. Section 10. Section § 152.176 (A)(1) is hereby amended to read as follows: § 152.176 ACCESSORY BUILDINGS. (A)(1)d. Accessory uses which are not accessory buildings, including swimming pools, hot tubs, play structures, animal shelters and rubbish container screens of no more than 36 square feet in area, and landscape elements that do not provide any shelter for human occupancy, provided all other conditions and performance standards are met. f. Design. All accessory buildings constructed after the construction of the principal building must be designed and constructed in a manner consistent with the design and general appearance of the principal building. Accessory buildings constructed of canvas, plastic, fabric, or other similar non-permanent materials shall be prohibited, with the exception of temporary structures regulated by Section §152.090. Section 11. Section § 152.176 (A)(4) is hereby amended to read as follows: (A)(4) Building Standards. All accessory buildings in excess of 200 square feet shall be constructed to the standards of the Minnesota State Building Code. The architectural appearance of accessory buildings should be visually compatible with the principal building relative to color, materials, and form. Carports shall only be permitted as attached structures, and shall also comply with the architectural requirements of this Section. Section 12. Section § 150.090 (C) is hereby amended to read as follows: § 150.090 RUBBISH AND RECYCLABLES. (C) Front Yard Containers. Rubbish and recycling containers may be kept in a front yard if within an approved and permitted screening structure, per Section 150.073. Such screening structure shall provide a screening effect with no more than a one inch (1”) gap between any board or component of the structure, and be of a height not less than three (3) inches above the tallest container to be kept within. The screening structure shall be placed no closer than three (3) feet from the property line and no closer than fifteen (15) feet from the road from which collection is made. The structure shall be sized to accommodate only those rubbish and recycling containers regularly serviced and emptied by the contract hauler serving the property, but in no 57 ORDINANCE 2023-01 case shall exceed thirty six (36) square feet in total area. The design, materials and location shall be subject to review prior to City issuance of the required Zoning Permit. Section 13. Section § 150.094 (I) is are hereby amended to read as follows: § 150.094 GENERAL REQUIREMENTS. (I)Dumpsters. Dumpsters are permitted for no more than one hundred twenty (120) days in a calendar year, or for the duration of an associated building permit, whichever is longer, and must be maintained in good repair and appearance. The height of the materials in the dumpster shall not exceed the height of the dumpster. No dumpster shall be placed closer than five (5) feet from any side or rear property line. Section 14. Section § 150.094 (J) is hereby amended to read as follows: § 150.094 GENERAL REQUIREMENTS. (J)(7) No more than two (2) flexible or compact dumpsters shall be kept on any property at any one time, nor may any individual residential property keep such flexible dumpsters or compact dumpsters for more than one hundred twenty (120) days in any calendar year. Section 15.The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official St. Anthony City Code, Title XV, Zoning Ordinance, 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 16.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. 58 ORDINANCE 2023-01 ADOPTED BY the St. Anthony City Council this 11th day of July, 2023. __________________________________ Randy Stille, Mayor ATTEST: ___________________________________ City Clerk AYES: NAYS: 59 1. Parking Amendment Comments and Code Language: The proposed changes to the parking regulations are many and varied, but fall into two general  categories.  The first is an update to the general parking regulations relating to standards and  parking requirements for various land uses.  These changes deal primarily with clarifications,  updates, and standards.  The proposed amendments to the regulations are primarily found in  Section 152.179, in which Subsections (A), (B), and (C) are shown below in redline format.  A  related set of regulations is also proposed in the Definitions, which are included with this set of  proposals.    The second general category is found below in a new Subsection (D) to Section 152.179, and  relates specifically to parking of vehicles (and other equipment) on residential property.  The  current regulations generally restrict parking to a maximum of 4 vehicles, but do not address  many of the circumstances on various properties, including side and rear yard parking, the  parking of other vehicles (including recreational or utility vehicles), and further intermixes the  ideas of “parking” and “storage”.      To address these circumstances in more detail, the proposed Subsection (D) creates a table and  a diagram to reinforce when and how parking on residential property can be conducted.  The  overall intent is to establish a clear standard, that residents, neighbors, and city staff can use as  a common benchmark.      The Planning Commission discussed this at the public hearing, and made a few  recommendations that are reflected in the redline version below.  Perhaps one note to  highlight is comment from a member of the public present at the hearing to requested a  reduction in the current requirement for at least 2 covered spaces per residential home –  basically a 2‐car garage.  They asked the Planning Commission to reduce this to one garage  space due to issues related to some properties where only one car garages exist, and if the  property owner were to remove and replace the home, would be then required to increase  garage space to 2 cars.    The Planning Commission’s discussion was sympathetic to this argument, and they  recommended this additional change.    In reviewing this issue with Code Committee members, there are some consequences of such a  change.  First, the city receives occasional requests for the finishing of garage space, increasing  livable area, by reducing garage area.  These requests are often based on the constraints to  impervious surface that significantly limit buildable area on most residential parcels.  Reducing  required garage area may result in difficulty for some residents to store outdoor equipment  inside their remaining garage space, and is likely to result in more vehicles parked outside in  most cases.  While some predict a reduction in car ownership over the long term, recent trends  have shown that car ownership by family group to be increasing.      60   The proposed change recommended by the Planning Commission is reflected in the text below  at 152.179 (A)(5)a.  Staff is seeking firm direction on whether this change is supported by the  City Council as a component of its review of these amendments.  § 152.179 PARKING. (A) On-site parking. All property in the city must comply with the following on-site parking requirements. (1) Each parking space must be at least 9 feet by 20 feet and those in the R-4, B, C, and LI Districts must be clearly marked and outlined (2) The total area of a parking lot, including all parking spaces, drive aisles, islands and landscaping must be no less than the required number of parking spaces multiplied by 300 square feet. (3) All vehicles, as defined in §152.008, parked on any lot parcel in an R-l, R-1A, R-2, or R-3 District must be parked on a surface paved with asphalt or bituminous material, concrete, cement, brick, or other paved surface, or, if between the front of the principal structure and the public street, on a driveway located in the front yard. surfaced in accordance with this Section. (4) Any vehicle without a current state registration or which is inoperable must be parked kept in a garage or other building. (5) Minimum number of spaces. This section applies to any new development, or redevelopment that alters an existing parking lot’s dimensions or square footage of the buildings served by the subject parking facility: (a) Single-family detached units must have at least 2 one (1) fully enclosed parking spaces; (b) Two-family dwellings and townhouses, apartments, and condominiums must have at least 2 parking spaces per unit, at least 1 of which is enclosed. There must be a fire wall with a rating of at least 1 hour meeting fire code requirements separating every 4 parking stalls from living space; Multiple family residential must provide at least 1.2 spaces per bedroom. Housing legally required to be occupied by seniors only may provide a lesser amount based on the services and resident needs of the building as determined by the City Council. (c) Churches, clubs, and restaurants must have a number of parking spaces which is no less than the total designed seating capacity of the structure divided by 2.5, plus 1 parking space for each employee on the largest shift; (d) Convalescent or nursing homes must have at least 1 space for every 5 beds, plus 1 space for every employee on the largest shift; (e) Retirement homes must have at least 1 parking space for every 3 living units; (f) Uses in the C District must have at least 1 parking space for every 300 square feet of gross floor area; (g) Light industrial, manufacturing, testing, and research uses must have 1 space for every 1,000 500 square feet of building floor area; Commented [SG1]: Resident on Silver Lake Road wants  one garage.  PC agrees ‐ some discussion of waiver, but  change is to just one garage  61 (h) Warehousing, transfer, and storage uses must have at least 1 space per employee on the largest shift plus 1 parking space per company vehicle; 1,000 square feet of gross floor area; (i) Animal hospitals must have at least 4 parking spaces for every veterinarian, plus 1 space for every employee on the largest shift; 1,000 square feet of gross floor area; (j) Medical and dental offices must have at least 5 parking spaces for every doctor or dentist, plus 1 space for every employee on the largest shift no fewer than 4 parking spaces per 1,000 square feet of gross floor area; (k) The parking requirements in the R/O District will be set by the City Council according to the expected demand for a particular facility; and (l) Fast food, take out, and convenience restaurants must have at least 1 parking space for every 50 square feet of gross floor area, plus 1 8 stacking parking spaces for every menu board 3 seats, plus 1 parking space for every employee on the largest shift. Coffee shops with drive- through lanes shall provide no less than 12 stacking spaces. (6) The number of existing on-site parking spaces on a property may not be reduced below the number required under division (A)(5) above, except for nonresidential uses permitted under §§ 152.036 or 152.037, for which the City Council may establish a lower number of on-site parking spaces if the owner has demonstrated that a specific structure and use will not have an adverse effect on off-site parking in the vicinity of the property. (7) Where parking is lighted, the light sources may not exceed 30 feet in height, nor may the light intensity exceed 1 footcandle measured at the property line. (8) Any parking area or access drive constructed in any zoning district after 5-1- 1987 must be paved with either asphalt or concrete, or with pavers of stone, asphalt, concrete, brick, or similar materials. Regardless of the design or manufacturers specifications, all such materials are considered impervious for the purposes of the applicable lot coverage requirements. (9) All parking must meet the city’s grade requirements for proper drainage, and there must be approved curbing around the perimeter of all parking areas except in the R-l, R-1A, and R-2 Districts. (10) Travel trailers, campers, and other recreational vehicles may not be parked in any zoning district for use as a dwelling or for sleeping or housekeeping purposes. (11) As used in this division (A), COMMERCIAL PARKING LOT means any surface used for parking more than 3 vehicles in any zoning district except R-l and R-2, including access drives. The construction or reconstruction of any commercial parking lot requires a building zoning permit. The owner of any commercial parking lot must maintain it in a safe condition, and the maintenance will include sweeping to control dust, dirt and debris; seal coating at least once every 5 years; removal of snow; and the filling of holes caused by freezing and thawing as soon as practicable. Snow may be stored on the parking lot only if it does not obstruct the visibility of, or interfere with, vehicular or pedestrian traffic in the parking lot or access to the parking lot. Snow storage shall not reduce the number of available parking spaces below the number required in Section (A)(5). 62 No snow may be stored on the city right-of-way. All commercial parking lots must be supplied with appropriate trash and rubbish containers which are emptied as necessary. If an owner fails to comply with this division (A)(11), the city may give notice to the owner that the city will bring the property into compliance at the owner’s expense if the owner has not done so within 30 days after the date of the notice. If the owner does not comply within the 30-day period, the city may cause the work to be done, and bill the owner for the reasonable value of the services. If the owner fails to pay for these improvements within 60 days, the city may proceed to levy a special assessment against the improved property pursuant to M.S. Chapter 429, as it may be amended from time to time. (B) Prohibited on-site parking. (1) In the C and LI Districts it is unlawful to park a vehicle in any of the following areas: (a) Within 5 feet of a side lot line; (b) Within 10 feet of the front property line; and/or (c) Within 10 feet of the rear lot line. (2) Where an R-4, B, C, or LI District abuts an R-l, R-2, or R-3 District, it is unlawful to park a vehicle in any location that is not an approved parking space, or provide a parking space on the R-4, B, C, or LI property closer than 20 feet from the R-1, R-2, or R-3 property. (C) Residential driveways. All residentially zoned properties must comply with the following regulations. (1) Driveway width. Residential driveways installed or modified after the date of adoption of the ordinance shall comply with the following standards: (a) Driveways with a single driveway approach shall not exceed 40% of the width of the lot up to a maximum of 36 feet, whichever dimension is the smaller provided the driveway between the curb and right-of-way line does not exceed 28 feet in width. (b) Circular driveways with driveway approach cuts serving the same lot shall not exceed the maximum 36 feet when both driveway approaches are combined. (2) Driveway setback. Residential driveways enlarged or reconfigured after the date of Ordinance adoptions, shall be setback a minimum of 5 feet from the property lines. (3) Required surface material. All driveways and parking areas shall be of a hard surface. Hard surfaced areas shall consist of a durable material such as concrete, bituminous or pavers, but not including gravel or crushed rock. Any parking space so required or provided shall be surfaced to the full length and width of the vehicle parked on said parking space. Regardless of the design or manufacturers specifications of the proposed surfacing material, all such materials are considered impervious for the purposes of the applicable lot coverage requirements. (4) Parking area. One 400 square foot hard surface parking area adjacent to a garage or driveway for parking purposes shall be permitted. Such area shall not be located in front of the living area of the dwelling. The parking area shall be 63 setback at least 10 feet from the corner side property lines and 5 feet from the interior property line. (5) Permit requirements. All new driveways, alterations, or additions to existing driveways (not including pavement overlay or seal coating) shall require the issuance of a zoning permit. A fee as determined from time to time by the City Council shall be required to process the permit. (D) Residential Parking Location. On any parcel zoned or used for single family residential, parking shall be allowed in those locations identified and shown in Figures 152.179-1, and 152.179-2.    Commented [SG2]: What about double‐frontage lots?   Address this.  64 Figure 152.179‐1  (See Figure 152.179‐2 for graphic)    Diagram Area Key Passenger Vehicles and Small Commercial Vehicles Recreational Vehicles Recreational and/or Utility Trailers, including loaded trailers Other Notes applicable to allowed parking by key area Driveway leading directly into a garage within the front yard of a lot. A Any number of passenger or small commercial vehicles; Paved One such vehicle only, if no trailer; Paved One such trailer, including a loaded trailer counting as one unit, if no RV Paved Only one RV, or a trailer, or a loaded trailer allowed in front of the front building line. Parking pad adjacent to the driveway within the front yard of a lot. B Any number of passenger or small commercial vehicles that comply with other regulations herein; Paved One such vehicle, if it is the only such vehicle within the front yard; Paved One such vehicle, if it is the only such vehicle/trailer within the front yard Paved Only one RV, or a trailer, or a loaded trailer may occupy either a place in the driveway, or on a side parking space in front of the front building line Front yard parking other than A or B C No No No Parking Pad in the side yard, adjacent to garage side of structure; driveway to street D Yes, within an area consisting of the 15 feet adjacent to the building. Paved Yes within an area consisting of the 15 feet adjacent to the building. Paved No Must maintain minimum 5 foot setback to side lot line in all cases, and in no case more than four such vehicles. Side yard more than 15 feet from building E No No No Side yard on opposite side of house from garage F No No Behind the front building line Paved Not in the side yard facing a street; or see Item G Parking pad in side yard on corner lot facing a public street G Yes, within an area consisting of the 15 feet adjacent to the building. Paved Yes within an area consisting of the 15 feet adjacent to the building. Paved No This pad area may encroach to within 5 feet of the right of way, provided screening is included between the space and the right of way. Rear yard driveway to alley or to double frontage street right of way. H Yes Paved Yes Paved Yes Paved Must maintain a 5 foot setback to lot line Parking Pad in the side yard, adjacent to garage side of structure; driveway to alley I Yes, within an area consisting of the 15 feet adjacent to the building. Paved Yes within an area consisting of the 15 feet adjacent to the building. Paved Yes within an area consisting of the 15 feet adjacent to the building. Paved Must maintain minimum 5 foot setback to side lot line in all cases. Rear yard, other than B, C, D, H J No No No Must maintain minimum 5 foot setback to side or rear lot line in all cases. Commented [SG3]: Should D be only one vehicle? ‐  maximum of 4 (one of which is small commercial , etc.) on  all parking pads.  65 Figure 152.179‐2   (see Figure 152.179‐1 for key)    66   DEFINITIONS § 96.03 [Right of Way Management] PAVEMENT . For the purposes of this section, pavement shall mean any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, or aggregate. DEFINITIONS § 152.008 [Zoning] IMPERVIOUS SURFACE. A constructed hard surface that prevents or retards entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development, including rooftops; decks; sidewalks; patios; swimming pools; parking lots; concrete, asphalt, gravel driveways, or pavers, including permeable pavers; and other similar surfaces. PARKING SPACE. An area of not less than 180 square feet, exclusive of driveways and aisles, designed for the parking of 1 passenger or small commercial motor vehicle. PARKING LOT: A facility comprised of parking spaces, drive aisles, circulation, and access that provides for the temporary off-street parking of passenger vehicles and small commercial vehicles, accessory to multiple family residential, commercial, industrial, and institutional principal uses. PARKING, OFF-STREET: The act of keeping a passenger vehicle as defined herein and/or small commercial vehicles, recreational vehicles and emergency vehicles as defined herein, on an approved parking space, properly surfaced per code, for a period of less than twenty-four (24) hours. In residential districts, vehicles as defined and as regulated, may be parked on driveways in the front yard for more than twenty-four (24) hours. Parking, Off-street may include a parking space, parking lot, or parking pad as used in the Code. PARKING PAD: A location on a parcel approved for the parking of a vehicle which is not a driveway. A Parking Pad must meet the relevant performance and location requirements of the applicable Code. VEHICLE. A car, van, truck, motorcycle, snowmobile, motor home, camper, trailer, boat, or similar item licensed by the State of Minnesota for use on roadways or waterways, but excluding bicycles and mopeds. VEHICLE, PASSENGER: A vehicle capable of moving under its own power which is licensed and operable for use on public roadways, and shall include the following vehicles: Passenger automobiles, pick-up trucks and sport-utility vehicles of less than 9,000 pounds gross vehicle weight, pick-up trucks and sport-utility vehicles of between 9,000 pounds and 13,000 pounds, commuter vans of a capacity up to 16 persons, and motorcycles. VEHICLE, LARGE COMMERCIAL: A vehicle used for commercial purposes which is a semi-tractor and/or semi-trailer, dump truck, or any other commercial vehicle that does not qualify under the definition of a “Small Commercial Vehicle”. VEHICLE, SMALL COMMERCIAL: A vehicle used primarily for commercial purposes, including pick-up trucks and sport-utility vehicles larger than 9,000 pounds gross 67 vehicle weight, but less than 13,000 pounds gross vehicle weight which display a commercial business message, and all other commercial vans or trucks, regardless of commercial message which are no greater than any of the following dimensions: 22 feet in length, 8 feet in height, and 8.5 feet in width. VEHICLE, RECREATIONAL: 1. A vehicle that is used and licensed primarily for recreational or vacation purposes, and which is licensed and operable for use on public roadways, whether self-propelled, carried on, or towed behind, a self-propelled vehicle. 2. Operable recreational equipment that is not licensed for use on the public roadway, but used off-road, such as all-terrain vehicles, boats, off-road motorcycles, race vehicles, snowmobiles, or similar equipment. Such equipment shall be properly licensed if the State of Minnesota provides for such licensing. 3. Licensed, operable trailers which may be used to tow recreational equipment, whether such trailers are loaded or unloaded, including utility trailers. Where a trailer is loaded with recreational equipment, such trailer and equipment shall be considered to be one (1) piece of equipment for the purposes of this section. STORAGE, OUTDOOR: The keeping, in an un-roofed area, of any goods, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours. This shall not include the display of vehicles for sale in a new or used car sales lot. PAVED: A parking area which is paved as required in this Section with asphalt, concrete, durable pavers, or which is surfaced with crushed rock, such as Class V limestone, crushed or decomposed granite, “con-bit”, or landscaping rock of adequate durability to support the load parked or stored thereon. materials to match an existing compliant driveway section with pavement. UNSURFACED: A space which is covered by vegetation, such as grass or other landscaped cover, and which is mowed or trimmed to meet the City’s weed control regulations. Unsurfaced space may not include bare ground which may be subject to erosion, tracking of mud onto the roadway, or drainage of silt into a public drainage easement or waterway.   68 2. Temporary Structures Commentary and Code Language. This section introduces new requirements into the Zoning code addressing temporary  structures.  No regulations currently exist.  As an underlying application of zoning regulations,  when a particular use is not listed in the code, it is presumed to be prohibited by definition.   The issue for these structures is that they are routinely used in various situations presumed to  be commonly accepted.  Thus, these regulations seek to create the allowance within specific  parameters for each type of temporary structure.  Essentially, the regulations in (A) establish an allowance for tarps and tents on residential  property for garage sale uses, limiting the allowance to 3 – 3‐day periods per year.  No permit  would be required, but the location and duration requirements would apply.  Subsection (B)  adds an allowance for the use of such structures for “Celebratory Events”, with an additional  time limitation.  This latter category of use would apply to all zoning districts, with the  exception that the public areas of the city would not be restricted by the time and date  requirements.  Subsection (C) carves out an allowance for temporary greenhouses on residential property for  periods of up to 6 months, and generally exempts these structures from the other  requirements for residential accessory buildings. Structures existing for more than 6 months  would be considered permanent structures (for both zoning and building code purposes) and  would have to comply with the regulations applicable to any accessory structure.    Subsection (D) creates an allowance for temporary construction‐related structures (such as  office trailers and similar buildings), limiting their use to the period during which an active  building permit is in place.    Finally, Subsection (E) establishes regulations for the use of portable restroom facilities,  currently unregulated as well.  The proposed language intends to create rules for access,  location, and managing visibility of these facilities, with the expectation that they are placed in  as inconspicuous location as possible, and require screening on commercial construction sites.  The Planning Commission reviewed this language, and made additional recommendations  related to visibility, particularly with the requirements for portable restroom facilities.  The  Code Committee, in response to comments, created a carve‐out to allow front‐yard locations  with limited encroachment into the front yard areas.  The idea is to accommodate those parcels  that need alternative locations, but to ensure that any impacts of such structures are limited to  the site where they are being employed, as much as possible.  § 152.190 TEMPORARY STRUCTURES AND USES. Temporary Structures: The following temporary uses and structures shall be allowed in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this Title. Where the general standards of the 69 Zoning Ordinance vary from the standards in this Section, the standards of this Section shall apply: (A) Garage, rummage, yard, estate, and/or boutique sales in residential districts are permitted to utilize temporary structures, but shall be limited to three (3) sales each calendar year per dwelling unit, and shall not exceed three (3) consecutive days per sale or nine (9) total days in duration per year. The maximum daily hours of operation shall be 8:00 A.M. to 6:00 P.M. Temporary structures shall not exceed a total of 400 square feet. Temporary Structures erected in conjunction with a garage or boutique sale shall be limited to temporary tent or tarp shelters, and must be placed no closer than three (3) feet to a property line. (B) Special or Celebratory Events in all zoning districts are permitted to utilize temporary structures, limited to tent or tarp shelters, shall be limited to 3 events each calendar year per principal building, and shall not exceed a single (1) day per event or three (3) total days in duration per year. Temporary structures in residential districts shall not exceed a total of 400 square feet. Temporary Structures erected in conjunction with a special or Celebratory event must be placed no less than three (3) feet from a property line. Temporary structures shall be allowed in the Recreation and Open Space District or on public property regardless of zoning district, and shall be exempt from the limitations of this section. (C) Temporary Greenhouses on residential properties shall be permitted for a period of no more than 180 days per calendar year. One (1) temporary greenhouse shall be allowed in addition to, and exempt from, the requirements of Section 155.076, Accessory Structures. Such greenhouses shall be located no closer to any public street than the rear building line of a residential lot, and shall be placed no closer than five (5) feet from any side or rear lot line or any alley. Greenhouses exceeding a duration of 180 days per year shall require a building permit, meet all other standards of the City Code, and shall meet all required accessory building regulations per City Code Section 155.076. (D) Construction Sites: Storage of building materials and equipment or temporary buildings for construction purposes on sites which have active building permits shall be located on the same lot as the project under construction, not in any public right of way, and shall be removed within 30 days following completion of construction and/or termination of the applicable building permit, whichever is sooner. (E) Portable restroom facilities shall be allowed in all districts per the following requirements: 1) In all residential districts, one (1), portable restroom facility shall be allowed in conjunction with a permitted construction activity. The activity must be permitted by the city; the duration of the portable restroom facility cannot begin prior to the issuance of the permit and must end prior to either the expiration date of the permit or the final approval of permitted work by the city building inspector, whichever is shorter. Portable restroom facilities within these districts must be located no closer to any public street than the front building line of the house, and at least five (5) five feet from a property Commented [SG1]: Change to an allowance for  encroachment of more than 8 feet from the principal  structure if required to be in the front of the house.  70 line. Where portable restroom facilities are allowed, but cannot be placed to meet these requirements due to physical condition of the property, they may be placed in the driveway in front of the principal residence, and encroach in front of the building line no more than eight (8) feet. 2) In all Commercial, Industrial and PUD districts, portable restroom facilities shall be allowed in conjunction with a permitted construction activity. The activity must be permitted by the city; the duration of the portable restroom facility cannot begin prior to the issuance of the permit and must end prior to either the expiration date of the permit or the approval of permitted work by the city building inspector, whichever is shorter. Portable restroom facilities within these districts must be completely shielded from public view by a fence or other opaque screening method equal in height to no less than that of the structure when viewed from the street. 3) In any R/OS, Recreation and Open Space district, portable restroom facilities shall be allowed for purposes of serving the public use of property as needed. 4) In all districts, portable restroom facilities shall be placed in such a way as to maximize, insofar as practictable, screening of view from the public right of way and/or residentially zoned property, while acknowledging the need for service and maintenance access. (F) Accessory Seasonal Outdoor Sales, within a Commercial or PUD district, is allowed per the following requirements: 1) The Seasonal Outdoor Sales is an accessory aspect of the principal business on the property. 2) Issuance of a Conditional Use Permit (CUP). For recurring seasonal sales, the CUP shall be valid for each year the sales area is reestablished under an Administrative permit issued by the Zoning Administrator. A lapse of more than one year, or a change to the configuration or size of the proposed sales area, shall require an amendment to the Conditional Use Permit. 2) Shall be allowed for no longer than one hundred eighty (180) consecutive days each calendar year. 3) The outdoor sales area shall be located within the parking lot in a location so as not to disrupt the safety and flow of customer traffic. 4) The outdoor sales area shall not eliminate parking spaces to an amount that is detrimental to primary use or function of the site. 5) The outdoor sales area shall not obstruct existing pedestrian access on the site, whether from parking areas to the building entrance or from the public street to the building entrance. 6. Accessory structures in conjunction with the seasonal sales shall meet all applicable fire codes and parking lot setback requirements. Enclosed structures 200 square feet or more in size and/or open-sided canopies 400 square feet or more require a review and inspection by the Fire Marshal.   Commented [SG2]: Make this comment also on  residenƟal in SecƟon 1)  71 3. Temporary Signs Commentary and Code Language.   This section addresses the use, location, duration, and exceptions to the display of temporary  signs.  Currently, the City’s Code makes no separate provision for temporary sign display, and as  such, they are prohibited by definition.  Nonetheless, temporary signs exist and are utilized by  many property owners, both in commercial and residential settings.  While not defined as  temporary, there are two exceptions to this “prohibition”.  The first is a blanket allowance for  all properties to display one 6‐square foot sign with “non‐commercial” speech.  These signs are  allowed without permit, and can be displayed year‐round with little oversight.  The interest  here is to promote free speech opportunities for all community members.  The second  exception is specific to political campaign signs, which creates a carve‐out for the display of  such signs around election periods – this exception is mostly a requirement of state law.    The general regulations proposed below create a set of rules that apply to the display of  temporary signs in all non‐residential areas (commercial, industrial, institutional, etc.).  The  limitations create a permit requirement, allowing up to 2 such signs of 32 square feet or less, 8  feet in height or less, with a maximum of three periods of display for up to 30 days each – a  maximum total of 90 days per parcel per year.  There is one carve‐out for additional signage  when an enterprise is opening or closing business for an additional 30 day period.  Because of  the limitations on regulating content, the City may not restrict the messaging on these signs –  instead, the regulations are limited to “time, place, and manner” categories.  Thus, limitations  can restrict the duration, the setbacks, and the size or type of display, as examples.    The second set of regulations addresses three special circumstances that are commonly used   exceptions to the general prohibitions or regulations in the remainder of the new Section.   These are proposed in the “Signs Without Permits” Section 155.23 as follows:  G. One additional temporary sign displayed on any parcel of up to 10 square feet that  addresses events on public property.  This attempts to carve out an allowance for  property owners to notify neighbors of public events, with a limitation of a total display  of up to 28 days annually.  H. An allowance for public property to display temporary signs for public events without  a time limitation.  I. An allowance for residential property to display temporary signs for during an active  garage sale.  This allowance is for the site in question only, not for off‐site displays.   Again, while the city can not regulate the content of the sign (such as require that it is  only a “Garage Sale” sign), it can regulate time and duration.      There are a few classes of temporary signs that are often displayed, but which this set of  proposed regulations do not permit.  These include the off‐site temporary signs related to  garage sales and real estate sales.  While these are often employed by the selling parties, the  city cannot regulate the content of the message. If the off‐site allowance is opened up for these  72 types of signs, it gets opened up for any message.  As such, no change is proposed, and the off‐ site signs would continue to be prohibited.    § 155.03 DEFINITIONS TEMPORARY SIGN. Any sign, banner, pennant, valance or advertising display constructed with light materials with or without frames intended to be displayed for a limited time only. Temporary signs include, but are not limited to; A, H or T - frame signs, curb, sidewalk, sandwich signs, flags, banners, and balloons. § 155.10 TEMPORARY SIGNS (A) All Temporary Signs shall require a permit under this Section. Required regulations applying to permanent signs shall apply to temporary signs, except where this Section specifically provides otherwise. (B) Temporary sign permits may be issued by the Zoning Administrator for use only within commercial, light industrial, Planned Unit Development (PUD) and Recreation/Open Space (ROS) zones. (C) Temporary signs and sign structures shall be constructed of durable all-weather materials, such as but not limited to steel, coreaplast plastic foam-core, alumacore, polycarbonate (Lexan), vinyl and nylon. (D) Every temporary sign permitted under the section shall be placed entirely on the property of the principal business use which it is identifying. (E) No more than two (2) temporary signs, obtained by a single permit, advertising the same business or entity shall be upon any single property at the same time. (F) The surface area of all temporary sign(s) issued under a single permit shall not exceed 32 square feet of surface area, measuring one side of each 2-sided sign. This area shall be in addition to permanent, window or other signage allowed elsewhere in this section. (G) No temporary sign, if freestanding, shall be greater than eight (8) feet in height measured from the natural grade at the base of the sign to the top of any component of the sign or sign structure. (H) During any calendar year, temporary signs may be in place no more than thirty (30) consecutive days, and through the issuance of a maximum of three permits issued, temporary signs may be displayed for a total not exceeding ninety (90) days per calendar. 73 (I) Temporary signs shall be set back a minimum of ten (10) feet from a property line and in no case shall be placed closer than fifteen (15) feet from any roadway. (J) In addition to the permit time allowances in this Section, a property that has a newly established business may display one temporary sign for thirty (30) days leading up to and/or following the opening date. A property that has a business that is going out of business may display a temporary sign for thirty (30) days leading up to the final date of operations. § 155.23 SIGNS REQUIRING NO PERMITS. (G) The owner of any property zoned R-1, R-1A, R-2, R-3, R-4, C, or I may display one (1) temporary sign of up to ten (10) square feet in area per sign surface relating to activities or events occurring in a R/OS, Recreation and Open Space District, for a total of up to twenty eight (28) days per calendar year. This temporary sign display under this section shall be located entirely on the owner’s property, and shall be in addition to the one permitted six (6) square foot non- commercial speech sign per Section 155.30(4). (H) Any property in the R/OS Recreation and Open Space District may display one (1) temporary sign per street frontage of up to ten (10) square feet in area per sign surface relating to activities or events occurring on property zoned R/OS, Recreation and Open Space District. (I) For property zoned Residential, one (1) sign of up to six square feet in area per sign surface may be displayed on days when an active garage or rummage sale is occurring on site, up to a maximum of nine (9) days per calendar year. § 155.30 DISTRICT SCHEDULES. (A)(1)(c) The following types of signs are not permitted in residential zoning districts: 9. Commercial Signs. Commented [SG1]: PC wants to break this into 28 days  total without the restriction of one period  74 4. General Codes – Adjustments and Updates – Commentary and Code Language. The last set of amendments relate to various administraƟve funcƟons, update prior  amendments to ensure internal consistency with other regulaƟons, or modify those prior  amendments to accommodate addiƟonal informaƟon that impact the code applicaƟon as  adopted.    SecƟon 10.99 (D) [Penalty] is included to correspond with the City’s fee schedule that permits  the City to levy an addiƟonal charge when property owners do work without the applicable  required permit.  SecƟon 152.176 (A) [Accessory Building RegulaƟons] is amended to incorporate and clarify the  inclusion of various components of the newer regulaƟons, including temporary structures,  rubbish containers and carports.  SecƟon 150.090 (C) is included here to revise the recent changes which allowed rubbish  containers to encroach into front yards.  The size requirements of those containment areas is  proposed to be increased to accommodate actual needs, given addiƟonal research.  SecƟon 150.094 (I) and (J) are proposed to be amended to correct an oversight in the prior  amendments related to allowance for, and duraƟon of, dumpsters, both hard‐sided and flexible.   These changes clarify the restricƟons and the differences between the two types.  § 10.99 GENERAL PENALTY. (D) When any person initiates any work which requires a City permit of any type, but who has not procured the applicable permit prior to initiating said work, the City may impose a fee and penalty that is an amount equal to two times the fee required by the City’s fee schedule. No permit shall be finally approved, nor certificate of occupancy issued if applicable, until the levied fees and penalty, if imposed, have been fully paid. This penalty shall be in addition to any other remedies available to the City. § 152.176 ACCESSORY BUILDINGS. (A)(1) d. Accessory uses which are not accessory buildings, including swimming pools, hot tubs, play structures, animal shelters and rubbish container screens of no more than 36 square feet in area, and landscape elements that do not provide any shelter for human occupancy, provided all other conditions and performance standards are met. f. Design. All accessory buildings constructed after the construction of the principal building must be designed and constructed in a manner consistent with the design and general appearance of the principal building. Accessory buildings constructed primarily of canvas, plastic, fabric, or other similar non-permanent materials shall be prohibited, with the exception of temporary structures regulated by Section §152.090. 75 (A)(4) Building Standards. All accessory buildings in excess of 200 square feet shall be constructed to the standards of the Minnesota State Building Code. The architectural appearance of accessory buildings should be visually compatible with the principal building relative to color, materials, and form. Carports shall only be permitted as attached structures, and shall also comply with the architectural requirements of this Section. § 150.090 RUBBISH AND RECYCLABLES. (C) Front Yard Containers. Rubbish and recycling containers may be kept in a front yard if within an approved and permitted screening structure, per Section 150.073. Such screening structure shall provide a solid screening effect with no more than a one inch (1”) gap between any board or component of the structure, and be of a height not less than three (3) inches above the tallest container to be kept within. The screening structure shall be placed no closer than three (3) feet from the property line and no closer than fifteen (15) feet from the road from which collection is made. The size of the structure shall be sized to accommodate only those rubbish and recycling containers regularly serviced and emptied by the contract hauler serving the property, but in no case shall not exceed seventy-eight (78) inches in width and forty (40) inches in depth thirty six (36) square feet in total area. The design, materials and location shall be subject to review prior to City issuance of the required Zoning Permit. § 150.094 GENERAL REQUIREMENTS. (I) Dumpsters. Dumpsters are permitted for no more than one hundred twenty (120) days in a calendar year, or for the duration of an associated building permit, whichever is longer, and must be maintained in good repair and appearance. The height of the materials in the dumpster shall not exceed the height of the dumpster. No dumpster shall be placed closer than five (5) feet from any side or rear property line. (J) (7) No more than two (2) flexible or compact dumpsters shall be kept on any property at any one time, nor may any individual residential property keep such flexible dumpsters or compact dumpsters for more than one hundred twenty (120) days in any calendar year. 76 NOTICE OF A PUBLIC HEARING May 16, 2023, 7:00 p.m. City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418 Notice is hereby given that the City of Saint Anthony Village Planning Commission will hold a public hearing to solicit public response to the following City Code text amendments: Sections §10 regarding penalty clause, §150 regarding Temporary Structures, §150 regarding Minnesota State Building Code, §92 and §152 regarding Parking, §155 regarding Temporary Signs. Other Chapters may be included as a part of these amendments to ensure that the ordinances keep or correct internal references as needed. These amendments have been proposed by the City of St. Anthony Village, which is the applicant. The Planning Commission agenda and packet item relating to this application will be made available prior to the meeting online at www.savmn.com. Ways to Comment: Online Those persons having an interest are encouraged to attend via Zoom. The link to participate via Zoom can be found at https://www.savmn.com/Calendar.aspx?EID=1810 In Person The public is welcome to attend in person at the City of Saint Anthony Community Center, 3301 Silver Lake Road, in the Council Chambers at 7:00 p.m. Written Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony Village, Minnesota 55418 until the date of the public hearing. Comments can also be conveyed via email, to planner@savmn.com until the date of the public hearing. Questions? Questions may be directed to the City Planner at 763-957-1100. The Planning Commission will make a recommendation regarding the proposed request to the City Council for their meeting to be held on June 13, 2023 at 7:00 p.m. at City Hall. Steve Grittman City Planner 77 ORDINANCE 23-0x 1 CITY OF ST. ANTHONY HENNEPIN AND RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE, BY AMENDING SECTION 150 AS IT RELATES TO THE MINNESOTA STATE BUILDING CODE THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS: Section 150.150 and Section 150.016, Minnesota State Building Code is hereby amended to read as follows: § 150.015 CODES ADOPTED BY REFERENCE. The Minnesota State Building Code, as adopted by the Commissioner of Labor and Industry pursuant to M.S. Chapter 326B.101-326B.1616B.59 to 16B.75, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor and Industry, through the Building Codes and Standards Unit, is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this subchapter. The Minnesota State Building Code is hereby incorporated in this section as if fully set out herein. § 150.016 APPLICATION, ADMINISTRATION, AND ENFORCEMENT. (A) The application, administration, and enforcement of the code shall be in accordance with Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by M.S. § 16B.62, subdivision 1, when so established by this subchapter. (B) The building code enforcement agency of the City of St. Anthony is called the Department of Building Safety.Code Partners Inspection Service. (C) This code shall be enforced by the Minnesota Certified Building Official designated by the City of St. Anthony to administer the code (M.S. 326B.13316B.65 subdivision 1), including plumbing plan review and inspections. Prior to installation of a system of plumbing other than for a single-family dwelling with independent plumbing service, complete plumbing plans and specifications, together with any additional information that the Building Official may require, shall be submitted in duplicate and approved by the Building Official. No construction shall proceed except in accordance with the approved plans. Any alteration or extension of any existing plumbing system shall be subject to these same requirements. Per Minnesota Statutes 326B.43, Subd. 2(n), the plumbing plans and specifications for the following types of projects shall be submitted to the state for review: (1) state-licensed facilities as defined in section 326B.103, subdivision 13; (2) public buildings as defined in section 326B.103, subdivision 11; and (3) projects of a special nature for which department review is requested by either the municipality or the state. A plumbing system installation, as described herein, shall be subject to inspection as required by the Minn. Rules, part 1300.0215. 78 ORDINANCE 23-0x 2 Fees for Plumbing Plan Review shall be as authorized in Minnesota Rules, Chapter 1300. Permit and plan Review fees shall be assessed for work governed by this chapter in accordance with the fee schedule adopted by the City Council via resolution. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statutes, section 326B.148. § 150.017 PERMITS AND FEES. The issuance of permits and the collection of fees shall be as authorized in MN Rule 1300M. S. § 16B.62, subdivision 1. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the City of St. Anthony. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with M. S. § 326B.14816B.70. § 150.018 VIOLATIONS AND PENALTIES. A violation of the code is a misdemeanor (M.S. § 326B.082 subdivision 1616B.69). §150.019 BUILDING CODE OPTIONAL CHAPTERS. (A) The Minnesota State Building Code, established pursuant to M.S. §326B10116B.589 to 326B.1616B.75 allows the City of St. Anthony to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. (B) The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for the City of St. Anthony. (1) Chapter 1335, Flood Proofing Regulations, parts 1335.00600 to 1335.1200 (2) Appendix J (formerly K)IBC Appendix Chapter J Section 3. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official St. Anthony City Code, Title XV, Zoning Ordinance, 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 4. 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 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. ADOPTED BY the St. Anthony City Council this 11th day of July, 2023. Formatted: Indent: Left: 0", Hanging: 1", No widow/orphan control 79 ORDINANCE 23-0x 3 __________________________________ Randy Stille, Mayor ATTEST: ___________________________________ City Clerk 80 ORDINANCE 2023-02 1 CITY OF ST. ANTHONY HENNEPIN AND RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE, BY AMENDING SECTION 150 AS IT RELATES TO THE MINNESOTA STATE BUILDING CODE THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS: Section 150.150 and Section 150.016, Minnesota State Building Code is hereby amended to read as follows: § 150.015 CODES ADOPTED BY REFERENCE. The Minnesota State Building Code, as adopted by the Commissioner of Labor and Industry pursuant to M.S. Chapter 326B.101-326B.16, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor and Industry, through the Building Codes and Standards Unit, is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this subchapter. The Minnesota State Building Code is hereby incorporated in this section as if fully set out herein. § 150.016 APPLICATION, ADMINISTRATION, AND ENFORCEMENT. (A) The application, administration, and enforcement of the code shall be in accordance with Minnesota State Building Code. (B) The building code enforcement agency of the City of St. Anthony is called the Department of Building Safety. (C) This code shall be enforced by the Minnesota Certified Building Official designated by the City of St. Anthony to administer the code (M.S. 326B.133 subdivision 1), including plumbing plan review and inspections. Prior to installation of a system of plumbing other than for a single-family dwelling with independent plumbing service, complete plumbing plans and specifications, together with any additional information that the Building Official may require, shall be submitted in duplicate and approved by the Building Official. No construction shall proceed except in accordance with the approved plans. Any alteration or extension of any existing plumbing system shall be subject to these same requirements. Per Minnesota Statutes 326B.43, Subd. 2(n), the plumbing plans and specifications for the following types of projects shall be submitted to the state for review: (1) state-licensed facilities as defined in section 326B.103, subdivision 13; (2) public buildings as defined in section 326B.103, subdivision 11; and (3) projects of a special nature for which department review is requested by either the municipality or the state. A plumbing system installation, as described herein, shall be subject to inspection as required by the Minn. Rules, part 1300.0215. 81 ORDINANCE 2023-02 2 Fees for Plumbing Plan Review shall be as authorized in Minnesota Rules, Chapter 1300. Permit and plan Review fees shall be assessed for work governed by this chapter in accordance with the fee schedule adopted by the City Council via resolution. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statutes, section 326B.148. § 150.017 PERMITS AND FEES. The issuance of permits and the collection of fees shall be as authorized in MN Rule 1300. Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the City of St. Anthony. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with M. S. § 326B.148 § 150.018 VIOLATIONS AND PENALTIES. A violation of the code is a misdemeanor (M.S. § 326B.082 subdivision 16). §150.019 BUILDING CODE OPTIONAL CHAPTERS. (A) The Minnesota State Building Code, established pursuant to M.S. §326B101 to 326B.16 allows the City of St. Anthony to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. (B) The following optional provision identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for the City of St. Anthony. (1) (2)IBC Appendix Chapter J Section 3.The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official St. Anthony City Code, Title XV, Zoning Ordinance, 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 4.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 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. ADOPTED BY the St. Anthony City Council this 11th day of July, 2023. 82 ORDINANCE 2023-02 3 __________________________________ Randy Stille, Mayor ATTEST: ___________________________________ City Clerk AYES: NAYS: 83 THIS PAGE LEFT INTENTIONALLY BLANK 84 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-036 A RESOLUTION APPROVING SUMMARY PUBLICATION FOR ORDINANCE 2023-01 WHEREAS, the City Council of the City of St. Anthony has adopted the above referenced ordinance concerning City Code updates to Sections 10 Relating to General Penalty, 96 Relating to Definitions, 150 relating to Rubbish and Recyclables, 152 relating Parking, Temporary Structures and Accessory Buildings and 155 regarding Temporary Signs; 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 2023-01. NOW, THEREFORE, BE IT RESOLVED that: the following summary of Ordinance 2023-01 shall be published in the official paper in lieu of the entire ordinance. SUMMARY PUBLICATION Ordinance 2023-01 An Ordinance Amending Sections; The City Council of the City of St. Anthony adopted Ordinance 2023-01 on July 11, 2023, amending numerous Sections of the City Code. The amended ordinance elements include: Section 10- General Penalty Section 96- Regarding Definitions Section 150- Rubbish and Recyclables Section 152- Parking, Temporary Structures and Accessory Buildings Section 155- Temporary Signs The full Ordinance is available for review at City Hall, St. Anthony City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418. Adopted this 11th day of July, 2023. _________________________________ Randy Stille, Mayor ATTEST: _________________________ City Clerk Reviewed for administration: _________________________________ Charlie Yunker, City Manager 85 THIS PAGE LEFT INTENTIONALLY BLANK 86 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-037 A RESOLUTION APPROVING SUMMARY PUBLICATION FOR ORDINANCE 2023-02 WHEREAS, the City Council of the City of St. Anthony has adopted the above referenced ordinance concerning City Code Building updates to Sections 150.015 and 150.016 regarding the application, administration and enforcement of plumbing requirements; 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 2023-02. NOW, THEREFORE, BE IT RESOLVED that: the following summary of Ordinance 2023-02 shall be published in the official paper in lieu of the entire ordinance. SUMMARY PUBLICATION Ordinance 2023-02 An Ordinance Amending Sections; The City Council of the City of St. Anthony adopted Ordinance 2023-02 on July 11, 2023, amending Section 150 of the Minnesota State Building Code. The amended ordinance elements include: Code Updates for 150.015 and 150.016 regarding the Application, Administration and Enforcement of building codes related to plumbing. The full Ordinance is available for review at City Hall, St. Anthony City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418. Adopted this 11th day of July, 2023. _________________________________ Randy Stille, Mayor ATTEST: _________________________ City Clerk Reviewed for administration: _________________________________ Charlie Yunker, City Manager 87 THIS PAGE LEFT INTENTIONALLY BLANK 88 MEMORANDUM To:Mayor Stille and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:July 6, 2023 Meeting Date:July 11, 2023 RE:St. Anthony – THC/Hemp Moratorium and Ordinance NAC Project No.140.00 PROJECT STATUS This memorandum updates the information related to THC/Hemp sales pursuant to the Council’s discussion at a Work Session in June. The materials below are redlined to identify changes to the attached ordinance draft in anticipation of the Council’s first reading. The redlines in the memo relate to the redlines in the attached ordinance. As discussed at the prior Work Session, in response to the 2022 Minnesota Legislature’s adoption of an allowance for the sale and consumption of Hemp-based edible products containing cannabinoids (primarily limited amounts of THC), the City adopted an interim moratorium ordinance in late July of 2022. The purpose of the moratorium ordinance was to study the public policy issues surrounding the new legislation, gain additional guidance from the League of Minnesota Cities and other resources, and eventually, develop local regulations that manage the sale of the products allowed by the Legislature. The moratorium ordinance was adopted for a 12-month period on July 26, 2022, and will expire on that date in 2023, pending any extension necessary to complete the City’s study of the issues. The attached material includes a sample ordinance that establishes a basic licensing program and process for applying, reviewing, issuing, and enforcing regulations for these products. If the City decides to do so, it may consider the City’s municipal liquor stores as eligible licensed locations. The ordinance language is based on a review of several other communities adopted regulations. There are a number of specific decision points to consider, and the discussion below highlights some of those that the Council may wish include or exclude as they deem appropriate. 89 July 11, 2023 Page 2 WORK SESSION DISCUSSION The attached draft ordinance includes the following general sections: 060 – Purpose (simple statement referencing Statutory section) 061 – Findings (findings related to Statutory language and general standards) 062 - Definitions Added to the Definitions section of the proposed Ordinance is a distinction between solid and liquid edibles. The purpose of this distinction is to allow the sale of liquid/beverages infused with THC that are produced for bars and restaurants – but not the solid forms (such as gummies). Conversely, the distinction will all the Tobacco licensees to sell the solid gummie forms, but not the liquid beverages. It is noted that many of the regional craft breweries are brewing beverages that have THC, and these are being canned and made available for both off-sale locations (such as the municipal liquor store) as well as for on-sale locations (bars and restaurants). 063 – Licensing and Requirements (application and basis for decision) 064 – Sales of the Specific Hemp Products (from Statute) In Subp. G of this Section, the three eligible categories of cannabinoid retailing are listed. The first is for licensed off-sale liquor retailers, which in St. Anthony, is limited to the Municipal Liquor operations. The second is for licensed on-sale liquor retailers, such as bars as restaurants with liquor licenses, limited to liquid THC beverages. The third is for licensed tobacco retailers, limited to solid THC edible products. As discussed at the Work Session, these facilities have already established procedures in place for retail regulated products, and the applicable procedures would carry through to the retailing of these products. 065 – Additional Requirements (limiting packaging, labeling, and other aspects) 066 – Prohibited Sales (No sampling, no self-service, no delivery – over-the-counter only) The original base ordinance used for discussion prohibits sampling of these products. The Municipal Liquor operations staff indicated that they regularly offer sampling of their off-sale products, and would like to provide that for the Cannabinoid products (typically THC-infused beverages). This section is amended to add this allowance, only to the Municipal Liquor locations, however, specifies that the sale of full-serving on-sale beverages is not impacted by the sampling prohibition. 067 – Other Requirements (misbranding, signage/warnings, age verification, hours of sales) 068 – Enforcement (notice, hearing, revocation) 069 – Penalties (includes a sample penalties amount for discussion) Section 152.138 is amended to specify that only those establishments licensed to retail the products subject to this licensing may provide these products, otherwise, the City’s ban on cannabis product sales or other facilities remains in place. As discussed, this will likely require 90 July 11, 2023 Page 3 amendment once the State of Minnesota creates its Office of Cannabis Management in the coming year. COUNCIL ACTION As discussed above, the moratorium ordinance related to THC/Hemp products expires on July 26, 2023. If desired, the Council may consider a first reading of the attached Ordinance. The Council also has the authority to waive the second or third reading if desired. Given the timing, the Council does not have the ability to extend the moratorium, since the statute now requires a public hearing be held at least 15 days prior to the expiration, and the time to notice that hearing has passed. As such, final action (by waiving the 3rd reading) should be considered at the meeting on July 25th. Recommended Action: Approve the first reading of Ordinance 2023-03 and direct staff to prepare an update to the draft, along with a summary ordinance for the Council agenda on July 25, 2023. 91 July 11, 2023 Page 4 General Items for Discussion (repeated from the June 27 Work Session memorandum): 1.Restrictions on the Number of Licenses. The City could limit the number of licenses it issues. There are communities that have limited the licenses to a specific number (and created a regime for determining who will get them if they have more applicants); 2.Restrictions on the Nature of Licensee. Currently, the City limits the number of tobacco licensees to those “grandfathered” as prior licensees. The current tobacco licensees are just a handful of gas stations (Marathon on 29th and Hwy 88, Speedway on 33rd and Stinson, and Holiday on Silver Lake Road at 38th), Cub Foods, Walgreens, and the City’s two municipal liquor stores. The City could choose to follow the tobacco licensing with its cannabinoid licensing, or it could open up cannabinoids to other retailers in the City’s Commercially zoned areas. 3.Restrictions on the Principal or Accessory Sales. All of the current tobacco licensees sell tobacco as an accessory aspect of their primary retailing. There are no tobacco-only licensees. The City could limit cannabinoid sales to accessory-only retailing, prohibiting a cannabinoid-only storefront. 4.Restrictions on Sampling. The draft regulations prohibit the sampling of products on site at the retail facility. This is unlikely to be an issue for most accessory-only retailers, and would most likely be an aspect of a retailer that specializes in the sale of cannabinoid products. 5.Decide not to Regulate. The legislation creates a presumption that edible cannabinoids are allowed, and the City would have to adopt regulations if it wishes to restrict, or even prohibit, the sale. If the City decides not to regulate, the products would be treated as any other edible product, and be eligible for retail sales at any properly zoned site. 6.Manufacturing. The attached ordinance does not regulate manufacturing of cannabinoid products. If the City is interested in regulating this aspect, there would need to be an additional section stating that, and probably, an exclusion in the zoning regulations to avoid overlooking that limitation. The League of Cities maintains a webpage that discusses various aspects of the hemp-cannabinoid topic at https://www.lmc.org/resources/cities-and-regulation-of-edible-cannabinoid-products/#Q8. It is laid out in the form of an FAQ, and provides a comprehensive background on the issue that is worth reviewing for any other issues the City may wish to address. 92 ORDINANCE 2023-03 ___ 1 CITY OF ST. ANTHONY HENNEPIN AND RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE, BY AMENDING SECTIONS 111 AND 152 RELATING TO REGULATION OF THE SALE, MANUFACTURING, AND DISTRIBUTION OF CANNABINOID PRODUCTS THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS: Section 1. Section §111 is hereby amended to add the following: Hemp-Derived Cannabinoid Products Section 111.060 Purpose. The purpose of this ordinance is to establish licensing regulations for the sale of cannabinoid products derived from hemp as provided in Minn. Stat. § 151.72. Section 111.061 Findings of City Council. The City Council makes the following findings regarding the need to regulate, license, and inspect establishments that sell certain cannabinoid products: (A) By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature amended Minn. Stat. § 151.72 to allow for the sale of certain cannabinoid products. (B) This new law does not prohibit municipalities from licensing the sale of cannabinoid products derived from hemp locally. (C) The National Academies of Science, Engineering, and Medicine note that the growing acceptance, accessibility, and use of cannabis and its derivatives have raised important public health concerns, while the lack of aggregated knowledge of cannabis-related health effects has led to uncertainly about the impact of its use. (D) The Minnesota Legislature recognized the danger of cannabis use among youth by prohibiting the sale of any product containing cannabinoid or tetrahydrocannabinol (THC) extracted or otherwise derived from hemp to those under the age of 21 and requiring that edible cannabinoid products be packaged without appeal to children and in child-resistant packaging or containers. (E) Due to the passage of this new law by the Minnesota Legislature, the City Council believes the following rules, regulations, and standards for licensing the sale of cannabinoid products are necessary to promote and protect the public health, safety, and general welfare of the residents of St. Anthony. Formatted: Font: Times New Roman, Bold Formatted: Font: Times New Roman, Bold 93 ORDINANCE 2023-03 ___ 2 Section 111.062 Definitions. (A) “Cannabinoid product” means any product containing nonintoxicating cannabinoids extracted from hemp, including an edible cannabinoid product, that is sold for human or animal consumption. (B) “Certified hemp” means the definition for the same provided in Minn. Stat. § 151.72, Subd. 1(b), as may be amended. (C) “Compliance checks” means the system the City uses to investigate and ensure that those authorized to sell cannabinoid products are following and complying with the requirements of state laws and this ordinance. Compliance checks involve the use of persons under the age of 21 who purchase or attempt to purchase cannabinoid products. Compliance checks may also be conducted by the City or other units of government educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to cannabinoid products. (D) “Delivery sale” means the sale of any cannabinoid products to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a licensed retail establishment. Delivery sale includes, but is not limited to, the sale of any cannabinoid products when the sale is conducted by telephone, other voice transmission, mail, the internet, or app- based service. Delivery sale includes delivery by licensees or third parties by any means, including curbside pick-up. (E) “Edible cannabinoid product - solid” means any product that is intended to be eaten and is in the form of a gummie, bar, or similar product, or as an ingredient to be added to other foods, and whichor consumed as a beverage by humans, contains a cannabinoid in connection with food ingredients, and is not a drug. (E)(F) “Edible cannabinoid product – beverage” means any product that is intended to be consumed as a liquid and is in the form of a beverage, and which contains a cannabinoid in connection with food ingredients, and is not a drug. (F)(G) “Hemp” or “Industrial Hemp” means the definition for the same provided in Minn. Stat. § 18K.02, Subd. 3, as may be amended. (G)(H) “Label” means the definition for the same provided in Minn. Stat. § 151.01, Subd. 18, as may be amended. (H)(I) “Labeling” means the definition for the same provided in Minn. Stat. § 151.72, Subd. 1(f), as may be amended. (I)(J) “Matrix barcode” means the definition for the same provided in Minn. Stat. § 151.72, Subd. 1(g), as may be amended. (J)(K) “Moveable place of business” means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and that is not a fixed address or other permanent type of structure licensed for over-the-counter sales transactions. (K)(L) “Nonintoxicating cannabinoid” means substances extracted from 94 ORDINANCE 2023-03 ___ 3 certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. (L)(M) . "Operator" means the person in legal possession and control of a location by reason of ownership, lease, contract or agreement, for the sale of cannabinoid products at retail. (M)(N) “Retail establishment” means any fixed place of business where cannabinoid products are available for sale to the general public. Retail establishment for purposes of this ordinance does not include exclusive liquor stores or residences. (N)(O) “Sale” means any transfer of goods for money, trade, barter or other consideration. (O)(P) “Self-service vending” means the display for sale of cannabinoid products that are accessible to the public without the need of assistance of an employee. (P)(Q) “Vending machine” means any mechanical, electrical or electronic, or other type of device that dispenses cannabinoid products upon the insertion of money, tokens, or other form of payment into or onto the device by the person seeking to purchase cannabinoid products. Section 111.063 License Required. It will be unlawful for any person to sell at retail any cannabinoid products within the City unless the person holds a retail cannabinoid products license, in full force and effect. (A) Procurement of License. (1) Any person desiring a retail cannabinoid products license will make and file with the City Clerk an application, in writing, on a form provided by the City. Such application will give the name and residence address of the applicant, if an individual, will identify the location at which it is proposed to sell the cannabinoid products at retail, and will provide such other information as the City Council may require from time to time. The application will be accompanied by the required fee. (2) The City Clerk will immediately transmit a copy of the application to the Chief of Police, who will investigate all facts and information which he/she can reasonably find, bearing upon the question of the applicant's fitness to receive the license and to perform the duties imposed by this ordinance. Upon completing the investigation, the Chief of Police will report, in writing, her/his findings to the City Manager or designee, together with the Chief’s recommendation as to the issuance of a license to the applicant. The City Manager or designee will submit to the City Council the report of the Chief of Police, together with the recommendation as to the issuance of the license to the applicant. (3) The City Council will consider the facts and recommendation of the Chief of Police and of the City Manager, together with any material facts which it may have or obtain, and then, by motion, will approve or deny the application to the City Clerk together with a copy of the motion. If the City Council has 95 ORDINANCE 2023-03 ___ 4 approved the application, it is the duty of the City Clerk to execute and deliver a license to the applicant on a form approved by the City Attorney. Such license will be for October 1st of the year of the issuance to September 30th of the following year or other such time frame as specified. (B) Basis for Denial of License. (1) Grounds for denying the issuance or renewal of a license include, but are not limited to, the following: (a) The applicant is under 21 years of age. (b) The applicant has been convicted within the past five years of any violation of federal, state, or local law, ordinance provision, or other regulation relating to cannabinoid products. (c) The applicant has had a license to sell cannabinoid products suspended or revoked within the preceding 12 months of the date of application. (d) The applicant fails to provide any of the information required on the licensing application, or provides false or misleading information. (e) The applicant is prohibited by federal, state, or other local law, ordinance, or other regulation from holding a license. (f) The business for which the license is requested is a moveable place of business. Only fixed-location retail establishments that are not excluded under the definition for retail establishments in this ordinance are eligible to be licensed. (2) Location Ineligible. No license will be approved unless the premises proposed to be licensed complies with all applicable zoning requirements. (C) Issued Mistakenly. If a license is mistakenly issued or renewed to a person, the City will revoke the license upon the discovery that the person was ineligible for the license under this ordinance. The City will provide the license holder with notice of the revocation, along with information on the right to appeal. Section 111.064. Sales of Cannabinoids Derived from Hemp. In accordance with Minn. Stat. § 151.72, Subd.3, as may be amended: (A) A product containing nonintoxicating cannabinoids, including an edible cannabinoid product, may be sold for human or animal consumption only if all of the requirements of this section are met, provided that a product sold for human or animal consumption does not contain more than 0.3 percent of any tetrahydrocannabinol and an edible cannabinoid product does not contain more than five milligrams of any tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any tetrahydrocannabinol per package. (B) No other substance extracted or otherwise derived from hemp may be sold for human consumption if the substance is intended: 96 ORDINANCE 2023-03 ___ 5 (1) For external or internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; or (2) To affect the structure or any function of the bodies of humans or other animals. (C) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise derived from hemp may be sold to any individual who is under the age of 21. (D) Products that meet the requirements of this section are not controlled substances under Minn. Stat.§ 152.02. (E) Testing Requirements. All testing must comply with the requirements set forth in Minn. Stat. § 151.72, Subd. 4, as may be amended. (F) Labeling Requirements. All labeling must comply with the requirements set forth in Minn. Stat. § 151.72, Subd. 5, as may be amended. (G) Eligible Licensed Establishments. Only the following establishments shall be eligible to apply for or receive a license from the City for the sales of products subject to this Section in one of three categories. a. City-Licensed Off-sale Retail Liquor Establishments. This category of license is limited to Municipal Liquor retail locations. The sale and licensing of THC-infused edible products (both solid and beverages) in such establishments shall be subject to the regulations of this Section, as well as to all of the same requirements of the Liquor License and City Codes regulating such licensing, including St. Anthony City Code Chapter 112. b. City-Licensed On-sale Retail Liquor Establishments. The sale and licensing of THC- infused edible products (exclusively limited to THC-infused beverages) as an accessory use. Such establishments shall be subject to the regulations of this Section, as well as to all of the same requirements of the Liquor License and City Codes regulating such licensing, including St. Anthony City Code Chapter 112. a.c. City-Licensed Tobacco retail establishments, limited to the sale of THC-infused edible products limited to solids as defined herein as an accessory use, and expressly excluding beverages. The sale and licensing of THC-infused products in such establishments shall be subject to the regulations of this Section, as well as to all of the same requirements of the Tobacco License and City Codes regulating such licensing, including St. Anthony City Code Section 111.045 – 111.057. Section 111.165. Additional Requirements for Edible Cannabinoid Products. In accordance with Minn. Stat. § 151.72, Subd. 5a, as may be amended: (A) An edible cannabinoid product must not: Formatted: Normal, Justified, Right: 0", Space Before: 0 pt, No bullets or numbering, No widow/orphan control, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Normal, Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25", No widow/orphan control, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Font: Times New Roman, Italic Formatted: Font: Times New Roman, Italic Formatted: Font: Times New Roman, 11 pt, Italic Formatted: Font: Times New Roman Formatted: Normal, Justified, Right: 0", Space Before: 0 pt, Numbered + Level: 2 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25", No widow/orphan control, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers Formatted: Font: Times New Roman, Italic 97 ORDINANCE 2023-03 ___ 6 (1) Bear the likeness or contain cartoon-like characteristics of a real or fictional person, animal, or fruit that appeals to children; (2) Be modeled after a brand of products primarily consumed by or marketed to children; (3) Be made by applying an extracted or concentrated hemp-derived cannabinoid to a commercially available candy or snack food item; (4) Contain an ingredient, other than a hemp-derived cannabinoid, that is not approved by the United States Food and Drug Administration for use in food; (5) Be packaged in a way that resembles the trademarked, characteristic, or product-specialized packaging of any commercially available food product; or (6) Be packaged in a container that includes a statement, artwork, or design that could reasonably mislead any person to believe that the package contains anything other than an edible cannabinoid product. (B) An edible cannabinoid product must be prepackaged in packaging or a container that is child-resistant, tamper-evident, and opaque or placed in packaging or a container that is child-resistant, tamper-evident, and opaque at the final point of sale to a customer. The requirement that packaging be child-resistant does not apply to an edible cannabinoid product that is intended to be consumed as a beverage and which contains no more than a trace amount of any tetrahydrocannabinol. (C) If an edible cannabinoid product is intended for more than a single use or contains multiple servings, each serving must be indicated by scoring, wrapping, or other indicators designating the individual serving size. (D) A label containing at least the following information must be affixed to the packaging or container of all edible cannabinoid products sold to consumers: (1) The serving size; (2) The cannabinoid profile per serving and in total; (3) A list of ingredients, including identification of any major food allergens declared by name; and (4) The following statement: “Keep this product out of reach of children.” (E) An edible cannabinoid product must not contain more than five milligrams of any tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any tetrahydrocannabinol per package. Section 111.166 Prohibited Sales. (5)(A) Samples Prohibited. Sampling of cannabinoid products within any retail establishment licensed for on-sale cannabinoid beverages, or for retail cannabinoid solids under this ordinance is prohibited. No person subject to this section shall distribute samples of any cannabinoid products free of charge or at a nominal cost. The distribution of cannabinoid products as a free donation is prohibited. This clause is not intended to prohibit licensed Formatted: Normal, Justified, Right: 0", Space Before: 0 pt, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.57" + Indent at: 0.82", No widow/orphan control, Don't adjust space between Latin and Asian text, Don't adjust space between Asian text and numbers 98 ORDINANCE 2023-03 ___ 7 retail sales of full-serving on-sale THC-infused beverages at licensed on-sale liquor establishments. (A)(B) Coupon and Price Promotion. No person shall accept or redeem any coupon, price promotion, or other instrument or mechanism, whether in paper, digital, electronic, mobile, or any other form, that provides any cannabinoid products to a consumer at no cost or at a price that is less than the non-discounted, standard price listed by a retailer on the item or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale, including all applicable taxes. (B)(C) Self-service Displays. All cannabinoid products must be stored behind the sales counter, in a locked case, in a storage unit, or in another area not freely accessible to the general public. No person shall allow the sale of cannabinoid products in open displays that are accessible to the public without the intervention of a store employee. This section does not apply to a retail establishment, as defined in this ordinance, that is continuously staffed by an employee from which persons under 21 years of age are prohibited from entering the store. (C)(D) Prohibition Against Retail Sales of Cannabinoid Products by Vending Machines. No person will sell or dispense cannabinoid products through use of a vending machine. (D)(E) Delivery Sales. All sales of cannabinoid products must be conducted in person, in a licensed retail establishment under this ordinance, in over-the-counter sales transactions. Section 111.167 Other Regulations (A) Adulterated or Misbranded Products. A cannabinoid product shall be considered adulterated or misbranded under the provisions set forth in Minn. Stat. §151.72, Subd. 6, as may be amended. (B) Signage. At each location where cannabinoid products are sold, the licensee shall display a sign in plain view to provide public notice that selling any of these products to any person under the age of 21 is illegal and subject to penalties. The notice shall be placed in a conspicuous location in the licensed establishment and shall be readily visible to any person who is purchasing or attempting to purchase these products. The sign shall provide notice that all persons responsible for selling these products must verify, by means of photographic identification containing the bearer’s date of birth, the age of any person under 30 years of age. (C) Age Verification. At each location where edible cannabinoid products are sold, the licensee shall verify, by means of government-issued photographic identification containing the bearer’s date of birth, that the purchaser or person attempting to make the purchase is at least 21 years of age. Verification is not required if the purchaser or person attempting to make the purchase is 30 years of age or older. It shall not constitute a defense to a violation of this Section that the person appeared to be 30 years of age or older. 99 ORDINANCE 2023-03 ___ 8 (D) Responsibility. All licensees are responsible for the actions of their employees regarding the sale, offer to sell, and furnishing of cannabinoid products on the licensed premises. The sale, offer to sell, or furnishing of any cannabinoid product by an employee shall be considered an act of the licensee. (E) Hours of Sales. No sales of cannabinoid products will be allowed at the licensed premises after 10:00 p.m. and before 8:00 a.m. daily. Section 111.168. Enforcement (A) Compliance Checks and Inspections. All licensed premises must be open to inspections by law enforcement or other authorized city officials during regular business hours. From time to time, but at least once per year, the City will conduct compliance checks. The City will conduct a compliance check that involves the participation of a person at least 17 years of age, but under the age of 21 to enter the licensed premises to attempt to purchase cannabinoid products. Prior written consent from a parent or guardian is required for any person under the age of 18 to participate in a compliance check. Persons used for the purpose of compliance checks will be supervised by law enforcement or other designated personnel. (B) Civil Penalty, Suspension or Revocation of Licenses. (1) The City Council will follow the provisions of this section of the ordinance on the suspension, revocation or imposition of a civil penalty against any license granted under this ordinance. (2) Notice of Violation. The Chief of Police will provide, in writing, to the licensee either personally or by mail, notice of any alleged violation of the provisions of this ordinance or Minnesota Statutes Chapter 151, committed in the operation of the licensee's business, and provide notice to the City Attorney’s Office. If the City Attorney's Office determines from the facts and circumstances reported, together with any other facts and circumstances known to it, that the violation may warrant a civil penalty, suspension or revocation of the license held by the licensee, it will notify the licensee, and set a time and place for a hearing sufficiently in advance to provide ten days written notice of the time, place and purpose of such hearing to the licensee. (3) Hearing on Alleged Violations. The hearing will be held before an independent hearing officer, in accordance with Section 1100 of the 2007 Code of Ordinances of the City of St. Cloud. At the time of the hearing, the licensee may appear and present any evidence which is material to the investigation. The hearing officer will make findings of fact as to whether a violation of the provisions of this ordinance or Minnesota Statutes Chapter 151 have been committed in the operation of the licensee's business and whether the violation was willful in nature. The hearing officer will also make a recommendation as to what penalty, if any, will be applied. The City Council will adopt the hearing officer's findings of fact that the licensee has violated any of the provisions of this ordinance or State law, and may impose a civil fine, suspend or revoke the license in accordance with the schedule in Section 100 ORDINANCE 2023-03 ___ 9 111.xxx 90 of this ordinance. (4) Mandatory Revocation. The Council will revoke the license of any licensee under this ordinance if the licensee willfully violates any provisions of this ordinance or Minnesota Statutes Chapter 151. Section 111.169 Penalties for Violations. (1) Upon a violation by a licensee holding a cannabinoid products license of any provision of this ordinance or any provision of state law regulating the sale of cannabinoid products, or failing to comply with any other requirements of Minn. Stat. § 151.72, the City Council may impose a civil fine, suspend or revoke the license in accordance with the following schedule: First violation… ................................................................................................. fine up to $300.00 Second violation within 36 months .................. fine up to $600.00 and a 30-day license suspension Third violation within 36 months ............................. fine up to $1,000.00 and a license revocation Violation during period of suspension… ........................................................... license revocation (2) Any civil fine assessed against a licensee pursuant to this section must be paid in full within 30 days from receipt of written notification of the City Council’s imposition of the civil fine. Failure to pay the fine within that time period will result in a ten-day license suspension. Licensees whose licenses have been revoked may not be issued a new license within six months from the effective date of such revocation. Section 2. Section §152.188 is hereby amended to read as follows: 152.188 CANNABIS FACILITIES (AKA MARIJUANA DISPENSARY) (A) Cannabis Facilities are prohibited in all districts, except that properly licensed facilities may be allowed in the C, Commercial, L-I, Light Industrial, or PUD, Planned Unit Development Districts for retail sales of certain cannabinoid products, pursuant to Section 111.060-111.069 of the St. Anthony City Code. (B) The prohibition on Cannabis Facilities shall not be construed to prohibit any health care practitioner from writing a prescription for medical cannabis or any patient or registered designated caregiver from possessing and administering medical cannabis in compliance with the law. Section 3. The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official St. Anthony City Code, Title XV, Zoning Ordinance, 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. 101 ORDINANCE 2023-03 ___ 10 Section 4. 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. ADOPTED BY the St. Anthony City Council this 25th day of July, 2023. __________________________________ Randy Stille, Mayor ATTEST: ___________________________________ City Clerk AYES: NAYS: 102 2023 Goals Chart Mission & Vision Promote a high quality of life to those we serve through outstanding city services Saint Anthony is a small and inclusive Village where all people can live, work, learn, play and thrive Core Values S.E.R.V.I.C.E. — The St. Anthony Way Supportive teamwork, work hard, yet have fun doing it, responsive, non sibi – not for self Effective fair and reasonable, focused on adding value Responsible high level of transparency Visionary long term focus, see the big picture Inclusive All voices are heard, all impacts are considered Courteous noblesse oblige, set an example – “golden rule”, do the right thing, empathy Exemplary integrity, want to be the best, motivated to work hard, curiosity, humility Strategic Initiatives • Environmental Responsibility • Thriving Village • Informed & Engagement Community • Safe & Secure Community • Fiscal & Organizational Strength 103 Action Steps Environmental Responsibility INFLOW & INFILTRATION INSPECTION PROGRAM • Implement in early ‘23 • Program went into effect on March 1st. To date, approximately 111 inspections completed, about 20% have needed repairs. CLIMATE ACTION PLAN • Assess the City’s role & define scope • Review existing plans & draft Saint Anthony plan • Identify goals & desired outcomes • The City has engaged WSB to facilitate the process of drafting a plan. This will be completed by the end of 2023 with the involvement of the Parks & Environmental Commission (PEC). • Joint work session with the PEC was held on March 30th to define the scope and being the project. • Community survey to gather input on priorities was launched in early June and will be open through August. City is using communication channels and the PEC will attend events to promote community input. GREENSTEP CITIES • Maintain highest GreenStep 5 status • Participate in Gold Leaf Pilot Program • 2022 report submitted to GreenStep. • GreenStep 5 status maintained for 2022. • 1st of 2 projects to participate in the program, the Harding Pond cleanout, is nearly complete. Other project is the Climate Action plan to be completed later this year. • City was awarded a part-time intern to help compile the Climate Plan document. Thriving Village AFFORDABLE HOUSING • Preserve naturally occurring affordable housing • Monitor large-scale corporate ownership SENIOR SERVICES • Work with community partners to understand position, future needs & expectations PEDESTRIAN & BIKE-FRIENDLY ROUTES • Plan for expansion & enhancement with future county projects • This action step will be integrated into the Climate Action Plan action step under Environmental Responsibility. • Staff met with Hennepin County staff to discuss future reconfiguration of Kenzie Terrace and possible addition of walking/biking lane 104 Informed & Engaged Community SINGLE WASTE HAULER • Implement in Spring ‘23 • Continue to monitor curbside organics program rollouts in both counties • Hauler change became effective April 1st. • Ramsey County organics pilot program is active, expected to expand to rest of the cities in Ramsey the near future NIGHT TO UNITE • Public Safety staff & City Council participation • 60 party registrations as of July 6, 2023. SISTER CITIES PROGRAM • Plan for future Salo, Finland visit by City officials Safe & Secure Community FIRE DEPARTMENT MEDICAL SKILLSET EXPANSION • Implement in early ‘23 • Advanced Life Support (ALS) program was put into effect on February 20th. Initial feedback from Hennepin County so far has been very positive. TECHNOLOGY • Implement new Police Department records management system • Implement Lexipol policy platform for the Fire Department • System training is complete, data conversion in process, and implementation is expected in the coming months. • Lexipol platform is implemented, and the department is beginning to implement updated policies. MENTAL HEALTH • Continue Public Safety joint mental health initiatives • Connect residents with existing mental health resources Fiscal & Organizational Strength DEVELOP EXIT PLAN FOR EXISTING TIF DISTRICTS • Draft plan with financial consultant in early ‘23 CITY FACILITIES • City Council tour of all facilities to assess status and future needs • City Council and staff toured City facilities on April 17th • The City engaged Oertel architects (who worked on the Fire Station and Public Works facility) to perform the 105 assessment. • Final report received on June 23rd. Details will be used to enhance the City’s CIP plan, and facilitate future discussion around City facility needs STAFFING • Address challenges with recruitment of new staff members • Police Department representatives attended law enforcement career fair to promote the City and increase applicant pool. • Police Department is piloting a Cadet Program and may request to make it permanent to add an additional pipeline option for future recruitment. • Recruitment for a Finance Director began March 28th in preparation for current Finance Director’s retirement later this year. Candidate was selected and will being with the City on July 10th 106 Date Type Staff Present July 25 Work Session Brew Pub Licensing Food Trucks City Council City Manager July 25 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 8 Work Session Staff proposed 2024 Budget and Levy Presentation Discuss Updated Levy Scenarios Discuss SA Relief Association Benefit Increase City Council City Manager August 8 Regular Planning Commission items from July Spirit of St. Anthony Award City Council City Manager August 22 Regular 2024 Proposed Budget & Levy Presentation Approve 2022 Feasibility Study and Order Plans and Specs City Council City Manager Finance Director September 12 Work Session Code Amendments City Council City Manager City Planner September 12 Regular Planning Commission items from August 2024 Preliminary Operating Budget and Levy-PUBLIC HEARING Students in Leadership-Consent City Council City Manager Finance Director September 26 Work Session Single Family Home Rentals City Council City Manager City Planner September 26 Regular Fire Prevention Presentation Approve Union Contracts City Council City Manager Fire Dept October 10 Work Session 2024 Long term capital budget plans City Council City Manager Finance Director October 10 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 24 Work Session 2024 Water and Sewer Budgets and rate adjustments City Council City Manager Finance Director October 24 Regular Quarterly Donations & Grants Quarterly Goals Update Approval of CIP City Council City Manager Finance Director FUTURE COUNCIL AGENDA ITEMS 2023 107 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS November 13 Work Session Planning Commission Interviews City Council City Manager November 14 Regular Planning Commission items from October 1st Reading Water, Sewer, & Stormwater-PUBLIC HEARING Presentation on Water and Sewer Rates Canvass election results City Council City Manager Finance Director November 28 Work Session General Fund Surplus Transfers Planning & Parks Commission Interviews City Council City Manager November 28 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 12 Work Session City Council City Manager December 12 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 2024 City & HRA Budgets and Final Property Tax Levy -PUBLIC HEARING 2024 Fee Schedule Quarterly Goals update Final reading and adoption of water, sewer, & stormwater Students in Government Presentation City Council City Manager Finance Director December 27 Regular January 09 Work Session City Council City Manager January 09 Regular Planning Commission items from December Housekeeping Resolutions Resolution for the Street Improvement Bond Reimbursement Quarterly Donations & Grants Quarterly Goals update NYFS Agreement Outside Orgs-Council City Council City Manager January 23 Regular Public Works Snow Plowing Operations presentation City Council City Manager February 13 Work Session City Council City Manager 2024 108 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS February 13 Regular Planning Commission items from January Water Conservation Poster Winners Public Hearing-2024 Budget Calendar and Process 2024 Planning Commission Work Plan- (motion only) 2024 Parks and Environmental Commission Work Plan- (motion only) Administration Annual Report Liquor License Renewals City Council City Manager Finance Director February 27 Regular Metro-Inet Presentation GreenCorp Member application-resolution Adoption of Strategic Plan Liquor Annual Report City Council City Manager Liquor Op Manager Public Works Director March 12 Work Session City Council City Manager March 12 Regular Planning Commission Items from February Public Works Annual Report City Council City Manager Public Works Director March 26 Regular Police Annual Report Wyland Water Challenge City Council City Manager Police Dept April 9 Work Session City Council City Manager April 9 Regular Planning Commission Items from March Quarterly Donations & Grants Fire Annual Report Arbor Day Proclamation Earth Day Proclamation Quarterly Goals Update City Council City Manager Fire Dept April 23 Regular Finance Annual Report Insurance Renewal & Torm Limits- Consent (Odd Years) New Liquor License- 3701 Stinson Blvd-PUBLIC HEARING City Council City Manager Finance Director May 14 Work Session Discuss Debt Levy/Updated Street Improvement Plan City Council City Manager May 14 Regular Planning Commission items from April Finance Annual Report City Council City Manager May 28 Regular Villager of the Year and Business of the Year City Council City Manager 109 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS June 11 Work Session Initial Debt Levy Scenarios City Council City Manager Liquor Manager June 11 Regular Planning Commission Items from May Authorize preparation of feasibility study for 2025 street project City Council City Manager June 25 Regular Commissioner MaryJo McGuire Presentation Approval of 2025 debt levy-PUBLIC HEARING City Council City Manager July 9 Work Session 2024 Initial Property Tax Levy Scenarios City Council City Manager July 9 Regular Planning Commission items from June Quarterly Donations & Grants Quarterly Goals Update Audit Report City Council City Manager Finance Director 110