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HomeMy WebLinkAboutCC PACKET 07252023*HRA Meeting immediately after council meeting. CITY OF SAINT ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA Tuesday, July 25, 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. VillageFest Presentation Julianne Hunter presenting. Night To Unite Presentation James South, Police Sergeant, presenting. Night To Unite Proclamation NIGHT TO UNITE PROCLAMATION.PDF Consent Agenda. Approval Of CC Meeting Minutes CC 07 -11 -2023.PDF License And Permits LICENSEANDPERMITS.PDF Claims 7 -25 -23.PDF Resolution 23 -038 Approving A Plan Coordinator For The 457 Deferred Compensation Plan With Mission Square RESOLUTION 23 -038.PDF Public Hearing. Ordinance 2023 -04 - Granting CenterPoint Energy Resources Corp. D/B/A CenterPoint Energy Minnesota Gas ("CenterPoint Energy"), Its Successors And Assigns, A Nonexclusive Franchise ("Franchise") To Construct, Operate, Repair And Maintain Facilities And Equipment For The Transportation, Distribution, Manufacture And Sale Of Gas Energy For The Public And Private Use And To Use The Public Ways And Grounds Of The City Of St. Anthony, Minnesota, For Such Purpose: And, Prescribing Certain Terms And Conditions Thereof Charlie Yunker, City Manager, presenting. FIRST READING COVER MEMO.PDF ORD 2023 -04.PDF NOTICE - PUBLIC HEARING - CENTERPOINT.PDF Reports From Commission And Staff. General Business Of Council. Resolution 23 -039 - Approving The Use Of Central Park For A Special Event On August 4 & 5, 2023 Charlie Yunker, City Manager, presenting. COVER MEMO.PDF SPECIAL EVENT PERMIT.PDF 2023SCHEDULE.PDF GENERALVFLAYOUT (1).PDF 501C3.PDF CERTIFICATE OF LIABILITY.PDF RESOLUTION 23 -039.PDF Ordinance 2023 -03 Regulating The Sale And Distribution Of Hemp -Based Cannabinoid Products Steve Grittman, City Planner, presenting. 2ND READING COVER MEMO.PDF SAV HEMP ORDINANCE DRAFT 3 ORDINANCE FORM.PDF ORDINANCE 2023 -03.PDF Resolution 23 -040 - Approving Summary Publication Of Ordinance 2023 -03 RESOLUTION 23 -040.PDF Liquor Operations Mid Year Report Mike Larson, Liquor Operations Manager, presenting. PRESENTATION.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. A. B. C. Documents: VI. A. Documents: B. Documents: C. Documents: D. Documents: VII. A. Documents: VIII. IX. A. Documents: B. Documents: C. Documents: D. Documents: X. XI. XII. A. Documents: XIII. *HRA Meeting immediately after council meeting.CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, July 25, 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.VillageFest PresentationJulianne Hunter presenting.Night To Unite PresentationJames South, Police Sergeant, presenting. Night To Unite ProclamationNIGHT TO UNITE PROCLAMATION.PDFConsent Agenda.Approval Of CC Meeting MinutesCC 07 -11 -2023.PDFLicense And Permits LICENSEANDPERMITS.PDF Claims 7 -25 -23.PDF Resolution 23 -038 Approving A Plan Coordinator For The 457 Deferred Compensation Plan With Mission Square RESOLUTION 23 -038.PDF Public Hearing. Ordinance 2023 -04 - Granting CenterPoint Energy Resources Corp. D/B/A CenterPoint Energy Minnesota Gas ("CenterPoint Energy"), Its Successors And Assigns, A Nonexclusive Franchise ("Franchise") To Construct, Operate, Repair And Maintain Facilities And Equipment For The Transportation, Distribution, Manufacture And Sale Of Gas Energy For The Public And Private Use And To Use The Public Ways And Grounds Of The City Of St. Anthony, Minnesota, For Such Purpose: And, Prescribing Certain Terms And Conditions Thereof Charlie Yunker, City Manager, presenting. FIRST READING COVER MEMO.PDF ORD 2023 -04.PDF NOTICE - PUBLIC HEARING - CENTERPOINT.PDF Reports From Commission And Staff. General Business Of Council. Resolution 23 -039 - Approving The Use Of Central Park For A Special Event On August 4 & 5, 2023 Charlie Yunker, City Manager, presenting. COVER MEMO.PDF SPECIAL EVENT PERMIT.PDF 2023SCHEDULE.PDF GENERALVFLAYOUT (1).PDF 501C3.PDF CERTIFICATE OF LIABILITY.PDF RESOLUTION 23 -039.PDF Ordinance 2023 -03 Regulating The Sale And Distribution Of Hemp -Based Cannabinoid Products Steve Grittman, City Planner, presenting. 2ND READING COVER MEMO.PDF SAV HEMP ORDINANCE DRAFT 3 ORDINANCE FORM.PDF ORDINANCE 2023 -03.PDF Resolution 23 -040 - Approving Summary Publication Of Ordinance 2023 -03 RESOLUTION 23 -040.PDF Liquor Operations Mid Year Report Mike Larson, Liquor Operations Manager, presenting. PRESENTATION.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.A.B.C.Documents:VI.A.Documents:B.Documents: C. Documents: D. Documents: VII. A. Documents: VIII. IX. A. Documents: B. Documents: C. Documents: D. Documents: X. XI. XII. A. Documents: XIII. *HRA Meeting immediately after council meeting.CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, July 25, 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.VillageFest PresentationJulianne Hunter presenting.Night To Unite PresentationJames South, Police Sergeant, presenting. Night To Unite ProclamationNIGHT TO UNITE PROCLAMATION.PDFConsent Agenda.Approval Of CC Meeting MinutesCC 07 -11 -2023.PDFLicense And PermitsLICENSEANDPERMITS.PDFClaims7-25 -23.PDFResolution 23 -038 Approving A Plan Coordinator For The 457 Deferred Compensation Plan With Mission SquareRESOLUTION 23 -038.PDFPublic Hearing.Ordinance 2023 -04 - Granting CenterPoint Energy Resources Corp. D/B/A CenterPoint Energy Minnesota Gas ("CenterPoint Energy"), Its Successors And Assigns, A Nonexclusive Franchise ("Franchise") To Construct, Operate, Repair And Maintain Facilities And Equipment For The Transportation, Distribution, Manufacture And Sale Of Gas Energy For The Public And Private Use And To Use The Public Ways And Grounds Of The City Of St. Anthony, Minnesota, For Such Purpose: And, Prescribing Certain Terms And Conditions ThereofCharlie Yunker, City Manager, presenting.FIRST READINGCOVER MEMO.PDFORD 2023 -04.PDFNOTICE - PUBLIC HEARING - CENTERPOINT.PDFReports From Commission And Staff.General Business Of Council.Resolution 23 -039 - Approving The Use Of Central Park For A Special Event On August 4 & 5, 2023Charlie Yunker, City Manager, presenting.COVER MEMO.PDFSPECIAL EVENT PERMIT.PDF2023SCHEDULE.PDFGENERALVFLAYOUT (1).PDF501C3.PDFCERTIFICATE OF LIABILITY.PDFRESOLUTION 23 -039.PDFOrdinance 2023 -03 Regulating The Sale And Distribution Of Hemp -Based Cannabinoid ProductsSteve Grittman, City Planner, presenting.2ND READING COVER MEMO.PDF SAV HEMP ORDINANCE DRAFT 3 ORDINANCE FORM.PDF ORDINANCE 2023 -03.PDF Resolution 23 -040 - Approving Summary Publication Of Ordinance 2023 -03 RESOLUTION 23 -040.PDF Liquor Operations Mid Year Report Mike Larson, Liquor Operations Manager, presenting. PRESENTATION.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.A.B.C.Documents:VI.A.Documents:B.Documents:C.Documents:D.Documents:VII.A.Documents:VIII.IX.A.Documents:B. Documents: C. Documents: D. Documents: X. XI. XII. A. Documents: XIII. PR O C L A M A T I O N WHEREAS,the Minnesota Crime Prevention Association, AAA of Minnesota and the St. Anthony Village Police Department are sponsoring a statewide crime and drug prevention program on August 1, 2023, called "Night to Unite"; and WHEREAS,this is the 15th Annual Night to Unite” in Minnesota and it provides a unique opportunity for St. Anthony Village to join forces with hundreds of other communities across Minnesota in promoting cooperative, police-community crime and drug prevention efforts; and WHEREAS,City of St. Anthony Village plays a vital role in assisting the St. Anthony Village Police Department through joint crime and drug prevention efforts in St. Anthony Village and is supporting "Night to Unite 2023" locally; and WHEREAS,it is essential that all citizens of St. Anthony Village be aware of the importance of crime prevention programs and the impact of their participation can have on reducing crime and drug abuse in the City of St. Anthony Village; and WHEREAS,police and community together promote neighborhood safety, awareness and cooperation, are important themes of the "Night to Unite" program. NOW, THEREFORE, the St. Anthony Village City Council, do hereby call upon all citizens of City of St. Anthony Village to join us in supporting the 15th Annual “Night to Unite” on August 1, 2023. FURTHER, BE IT RESOLVED, the St. Anthony Village City Council, hereby proclaim Tuesday, August 1, 2023, as "NIGHT TO UNITE" in the City of St. Anthony Village. Randy Stille, Mayor July 25, 2023 Date 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 JULY 11, 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 and City Planner Steve Grittman. 20 21 22 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 23 ITEMS. 24 I.25 APPROVAL OF JULY 11, 2023 CITY COUNCIL MEETING AGENDA. 26 27 Motion by Councilmember Randle, seconded by Councilmember Jenson, to approve the City 28 Council Meeting Agenda of July 11 2023 as presented. 29 30 Motion carried 5-0. 31 32 II.PROCLAMATIONS AND RECOGNITION - NONE. 33 34 III.CONSENT AGENDA. 35 A.36 Approval of June 27, 2023 City Council Meeting Minutes. B.37 Licenses and Permits. C.38 Claims. D.39 Resolution 23-034 Accepting Donations and Grants Received in 2nd Quarter of 2023 40 41 Motion by Councilmember Webster, seconded by Councilmember Walker, to approve the 42 Consent Agenda items. 43 44 Motion carried 5-0. 45 46 IV.PUBLIC HEARING - NONE. 47 48 V.REPORTS FROM COMMISSION AND STAFF. 49 City Council Regular Meeting Minutes July 11, 2023 Page 2 A.1 Resolution 23-035 – Approving a Request for a Conditional Use Permit for Modification 2 to a Car Wash Facility in the PUD District. 3 4 City Planner Steve Grittman stated the applicants at 3801 Stinson Boulevard are seeking a 5 Conditional Use Permit to modify and add vacuum facilities to an existing car wash. The North 6 Star Car Wash is an automatic car wash building, with a few individual vacuum stations in a 7 portion of the parking area near the exit from the wash building. Traffic enters the site – 8 primarily from 38th Street NE, enters the car wash building at its east side, proceeds through the 9 wash to the exit on the west side and then may park to the south at individual vacuum locations 10 near the exit. Traffic can exit the site back to 38th Street NE, or there is a shared access point to 11 the 3803 parcel to the north. 12 13 The applicant’s plans show the replacement of these individual vacuum sites with a common 14 vacuum system all along the parking area on the south side of the building. What is currently an 15 open parking area (adequate for approximately 10 parked vehicles) would be converted to 8 16 vacuum stations. These stations would be fed from an equipment area at the east end of the row 17 of “parking” spaces. The plan drawing shows the equipment in an island area, but no curb or 18 island currently exists in that space. It appears that the project would plan to add that island area. 19 20 The Planning Commission reviewed the proposal during a public hearing at its regular meeting 21 on June 20, 2023. The applicant was present, along with a representative of the applicant with 22 specific experience relating to the vacuum system proposed. In addition, several members of the 23 public were present. All members of the public who spoke and two written correspondence prior 24 to the hearing, were supportive of the proposal. 25 26 The Planning Commission discussed the proposal, the staff report and recommendations, and the 27 comments provided at the hearing. The Commission then voted unanimously to recommend 28 approval of the Conditional Use Permit, with three specific modifications to the conditions of 29 approval offered by staff. The applicant expressed support for these changes. The staff 30 conditions, and the recommended changes in redline were provided for Council consideration. 31 32 Staff has reviewed the project for land use compliance with the intent and policies of the City’s 33 Comprehensive Plan, and for zoning consistency with the Commercial District as a baseline. In 34 summary, the Comprehensive Plan supports mixed uses in this area, and Commercial uses are 35 part of that mix. The proposed application would, with appropriate conditions, facilitate that 36 purpose for the subject property. The conditions recommended by Staff, and clarified by the 37 Planning Commission, mitigate potential noise and light impacts from the new vacuum facilities. 38 The conditions recommended are: 39 1.40 The applicant adds a structured enclosure of maintenance free fencing consisting of 41 complementary materials surrounding (at least on three sides) the proposed common 42 equipment shown on the plan, at least as tall as the equipment, to screen views and potential 43 noise issues from adjoining residential property. This fencing shall be supplemented by a 44 planting of shrubs surrounding the enclosure. 2.45 The applicant verifies that the additional noise generated by the equipment will be dissipated 46 to no more than existing levels at the property line with the proposed enclosure. City Council Regular Meeting Minutes July 11, 2023 Page 3 3.1 The applicant shall locate the equipment and enclosure to the west to maximize its distance 2 from the east property line, but no closer to Stinson Boulevard than the westerly building 3 wall. 4.4 The final location should be separated from the paved circulation spaces by concrete curb. 5.5 The applicant provides a site plan, to scale, showing parking spaces for employees and 6 customers who park while drying their vehicles or performing other details. A total of five 7 such spaces should be adequate, in addition to the vacuum station locations. 6.8 The applicant should verify that lighting of the vacuum stations will not result in a violation 9 of the City Code lighting standards - .5 footcandles at the east property line, and 1.0 10 footcandles at the adjoining streets to the south and west. The applicant shall add side 11 shielding as described by the applicant’s representative to each light bar to accomplish this 12 requirement. 13 14 Councilmember Jenson asked about sound. In the packet was included a sheet regarding sound 15 and asked what VFD stands for. Mr. Grittman stated the applicant’s representative stated they 16 would be adhering to the lower noise standard. The noise will be below the state standards. 17 18 Mayor Stille stated when Council considered a different application for a car wash the applicant 19 had taken his own decibel readings and an independent reading was done. This was for a new car 20 wash with noise being considered from the car wash itself. This is for the vacuum of an existing 21 car wash. Mayor Stille questioned what if we are wrong and the noise is louder and complaints 22 are received. Mr. Grittman stated the equipment will be more than 100 feet from any residential 23 building. If the actual code requirements are not met they would need to make additional 24 modifications. 25 26 Councilmember Walker stated unlike the other car wash request there are significant differences 27 between the current request and that new car wash request. 28 29 Motion by Councilmember Webster, seconded by Councilmember Walker, to approve 30 Resolution 23-035 – Approving a Request for a Conditional Use Permit for Modification to a 31 Car Wash Facility in the PUD District. 32 33 Motion carried 5-0. 34 35 VI.GENERAL BUSINESS OF COUNCIL. 36 A.37 Finance Audit Report. 38 39 RedPath CPA Andy Hering provided a PowerPoint of the Finance Audit findings. Four reports 40 are issued the Annual Comprehensive Financial Report including the Independent Auditor’s 41 Report, State Legal Compliance Report, Report on Internal Controls and Communication with 42 Those Charged with Governance. Mr. Hering reviewed the current Audit Process in detail. 43 During the State Legal Compliance Report there was one compliance finding - $521,000 of cash 44 held at the City’s brokers at year-end was not covered by FDIC insurance or other collateral. The 45 funds were re-invested in 2023 so that is handled. There was a small finding regarding refunding 46 of a bond which was also corrected. The General Fund balance increased $12,071 during 2022. City Council Regular Meeting Minutes July 11, 2023 Page 4 1 The General Fund balance as of 12-31-22 was $4,004,857. The other funds were reviewed. He 2 summarized the City is in good shape financially. Mayor Stille added he is not concerned about 3 the finding and he is glad it was found and resolved. 4 B.5 Ordinance 2023-01 – Amending the St. Anthony City Code, By Amending Sections: 152 6 Relating to Parking, Temporary Structures and Uses, and Accessory Buildings; 96 7 Relating to Definitions: 155 Relating to Temporary Signs; 10 Relating to General 8 Penalty; and 150 Relating to Rubbish and Recyclables. 9 10 City Planner Steve Grittman reviewed at the June 27th meeting of the City Council, the Council 11 moved the second reading of the next set of City Code updates forward for the third and final 12 reading. The updated ordinance materials, in ordinance form, were provided for Council review 13 and consideration. 14 15 Motion by Councilmember Jenson, seconded by Councilmember Randle, to approve Final 16 Reading and Adopt Ordinance 2023-01 – Approving Changes to Multiple Sections in the City 17 Code. 18 19 Motion carried 5-0. 20 C.21 Ordinance 2023-02 – Amending the St. Anthony City Code by Amending Section 150 as 22 it relates to the Minnesota State Building Code. 23 24 City Planner Steve Grittman reviewed the St. Anthony City Code amendments to Section 150 as 25 it relates to the Minnesota State Building Code. 26 27 Motion by Councilmember Randle, seconded by Councilmember Webster, to Approve Final 28 Reading and Adopt Ordinance 2023-01 – Approving Changes to Multiple Sections in the City 29 Code. 30 31 Motion carried 5-0. 32 D.33 Resolution 23-036 Approving Summary Publication for Ordinance 2023-01. 34 35 City Manager Charlie Yunker reviewed Council is requested to approve the summary publication 36 for Ordinance 2023-01 as presented. 37 38 Motion by Councilmember Walker, seconded by Councilmember Jenson, to Approve Resolution 39 23-036 Approving Summary Publication for Ordinance 2023-01. 40 41 Motion carried 5-0. 42 E.43 Resolution 23-037 – Approving Summary Publication for Ordinance 2023-02. 44 45 City Manager Charlie Yunker reviewed Council is requested to approve the summary publication 46 for Ordinance 2023-037 as presented. City Council Regular Meeting Minutes July 11, 2023 Page 5 1 2 Motion by Councilmember Webster, seconded by Councilmember Walker, to Approve 3 Resolution 23-036 Approving Summary Publication for Ordinance 2023-02. 4 5 Motion carried 5-0. 6 F.7 Ordinance 2023-03 – Amending the St. Anthony City Code, by Amending Sections 111 8 and 152 Relating to the Regulation of the Sale, Manufacturing and Distribution of 9 Cannabinoid Products. 10 11 City Planner Steve Grittman reviewed the updated information related to THC/Hemp sales 12 pursuant to the Council’s discussion at a Work Session in June. The materials provided are 13 redlined to identify changes to the ordinance draft in anticipation of the Council’s first reading. 14 The redlines in the memo relate to the redlines in the ordinance provided. 15 16 As discussed at the prior Work Session, in response to the 2022 Minnesota Legislature’s 17 adoption of an allowance for the sale and consumption of Hemp-based edible products 18 containing cannabinoids (primarily limited amount of THC), the City adopted an interim 19 moratorium ordinance in late July of 2022. The purpose of the moratorium ordinance was to 20 study the public policy issues surrounding the new legislation, gain additional guidance from the 21 League of Minnesota Cities and other resources, and eventually, develop local regulations that 22 manage the sale of the products allowed by the Legislature. 23 24 The moratorium ordinance was adopted for a 12-month period on July 26, 2022, and will expire 25 on that date in 2023, pending any extension necessary to complete the City’s study of the issues. 26 A sample ordinance was provided that establishes a basic licensing program and process for 27 applying, reviewing, issuing and enforcing regulations for these products. If the City decides to 28 do so, it may consider the City’s municipal liquor stores as eligible licensed locations. 29 30 The ordinance language is based on a review of several other communities’ adopted regulations. 31 There are a number of specific decision points to consider, and the discussion provided 32 highlights some of these that the Council may wish to include or exclude as they deem 33 appropriate. 34 35 The moratorium ordinance related to THC/Hemp products expires on July 26, 2023. If desired, 36 the Council may consider a first reading of the Ordinance provided. The Council also has the 37 authority to waive the second or third reading if desired. Given the timing, the Council does not 38 have the ability to extend the moratorium, since the statute now requires a public hearing be held 39 at least 15 days prior to the expiration, and the time to notice that hearing has passed. As such, 40 final action by waiving the 3rd reading should be considered at the July 25, 2023 Council 41 meeting. 42 43 Staff recommends Council approve the first reading of Ordinance 2023-03 and direct staff to 44 prepare an update to the draft, along with a summary ordinance for the Council agenda on July 45 25, 2023. 46 City Council Regular Meeting Minutes July 11, 2023 Page 6 1 Mayor Stille stated a 3rd Reading would happen in August and the Moratorium would not be in 2 effect. 3 4 Councilmember Jenson stated Mr. Grittman did a good job in laying this out and he would be 5 fine approving First Reading. 6 7 Councilmember Webster agreed and this is a strong model for the community. 8 9 Councilmember Walker asked about the prohibition of on-sale beverages and sampling and what 10 the distinction is. Mr. Grittman stated sampling is to provide a sample to a potential customer. 11 Products must be sold in a full service setting in order to provide sampling. 12 13 Mayor Stille asked about zoning and whether it would come before the Planning Commission. 14 Mr. Grittman stated it will come before the Council at the July 25 meeting. Mayor Stille asked 15 Council to consider waiving the third reading at the next meeting. This would mean there would 16 only be two readings. He requested Mr. Grittman re-check the definitions and make sure they are 17 consistent throughout the Ordinance. Other cities are using moratoriums on the cannabis 18 component. 19 20 Councilmember Webster stated she has heard of a city putting in a moratorium until January 21 2024 which could be a further layer of protection for the community as we learn more about it. 22 Councilmember Jenson concurred. 23 24 Motion by Councilmember Webster, seconded by Councilmember Walker, to Approve First 25 Reading of Ordinance 2023-03 – Amending the St. Anthony City Code, by Amending Sections 26 111 and 152 Relating to the Regulation of the Sale, Manufacturing, and Distribution of 27 Cannabinoid Products. 28 29 Motion carried 5-0. 30 G.31 Quarterly Goals Update 32 33 City Manager Charlie Yunker reviewed the 2023 Goals Chart providing updates for the first half 34 of 2023. Councilmember Jenson thanked Mr. Yunker for the level of detail in his report. 35 36 VII.REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 37 38 City Manager welcomed Debbie Maloney as the new Finance Director for the City. 39 40 Councilmember Webster had no report. 41 42 Councilmember Randle had no report. 43 44 Councilmember Jenson stated on June 30, the Northeast Youth and Family Services completed 45 their strategic plan in a multi-hour session. On July 6, the Ramsey County Local League of 46 Governments had a meeting. City Council Regular Meeting Minutes July 11, 2023 Page 7 1 2 Councilmember Walker stated at the conference in Duluth he spoke with the Mayor of Falcon 3 Heights. There was an annual picnic in honor of Philandro Castille on July 7. On July 10 he 4 attended the St. Anthony Chamber of Commerce. On July 18 there will be a Happy Hour with 5 the Chamber at Steel & Hops from 4-6pm. 6 7 Mayor Stille stated on July 6, Kiwanis invited him to speak at a gathering at The Landings 8 Community Center. On July 10, he attended the Regional Council of Mayors Meeting with the 9 City Superintendents. 10 11 VIII.COMMUNITY FORUM. 12 13 No one appeared to address the City Council. 14 15 IX.INFORMATION AND ANNOUNCEMENTS - NONE. 16 17 X. ADJOURNMENT. 18 19 Mayor Stille adjourned the meeting at 8:15 p.m. 20 21 22 Respectfully submitted, 23 Debbie Wolfe 24 TimeSaver Off Site Secretarial, Inc. 25 26 Mayor 27 ATTEST: 28 City Clerk Saint Anthony Village DATE: July 11, 2023 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: Mechanical Contractors Licenses: Ray N. Welter Heating, Minneapolis, MN Standard Heating & Air Conditioning, Minneapolis, MN Flare Heating and Air Conditioning, Plymouth, MN Firework License: Applicant:Villagefest Location:Central Park Commercial Rental Licenses: Applicant:Lang Nelson Associates Location:2540 Kenzie Terrace Applicant:Lang Nelson Associates Location:2600 Kenzie Terrace Residential Rental Licenses: Applicant:Colleen Bertsch Location:2520 29th Ave NE Applicant:Joel Anderson Location:2519/2521 33rd Ave NE Applicant:Robert & Colleen Hutchison Location:2900 33rd Ave NE Applicant:Keith & Deanna Boyer Location:3104 39th Ave NE Applicant:MN 2501 UG, LLC Location:2501 Lowry Ave Unit #120 Applicant:John Prokopiuk Location:4021 Macalaster Dr. Applicant:Ayesha Khan Location:3305/3307 Roosevelt Ct NE City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 7/11/2023 - 7/25/2023 Jul 20, 2023 12:02PM Vendor Number Payee Check Issue Date Amount 11211 PETTY CASH - U.S. BANK 07/12/2023 .00 V 12917 QUADIENT FINANCE USA INC 07/12/2023 786.54 10929 METRO SATELLITE 07/12/2023 150.00 11798 CENTRAL PENSION FUND LOCAL #49 07/21/2023 3,840.00 10710 MISSION SQUARE 07/21/2023 1,155.00 11813 NCPERS GROUP LIFE INSURANCE 07/21/2023 16.00 12288 ADP LLC 07/25/2023 2,500.00 10039 AIRGAS USA LLC 07/25/2023 90.68 1100 ARTISIAN BEER COMPANY 07/25/2023 6,541.63 12180 ARVIG CONSTRUCTION 07/25/2023 352.50 10149 BATTERIES PLUS 07/25/2023 34.45 1013 BELLBOY CORPORATION 07/25/2023 1,432.10 1014 BELLBOY CORPORATION 07/25/2023 20.00 10172 BIFFS INC.07/25/2023 1,865.58 2009 BLACK STACK BREWING 07/25/2023 462.00 10180 BOND TRUST SERVICES CORPORATION 07/25/2023 237.50 10185 BOUND TREE MEDICAL LLC 07/25/2023 98.59 1018 BREAKTHRU BEVERAGE MN BEER 07/25/2023 42,330.47 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 07/25/2023 10,747.49 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 07/25/2023 129.15 1114 CANNON RIVER WINERY 07/25/2023 180.00 1017 CAPITOL BEVERAGE SALES 07/25/2023 13,214.45 10252 CENTERPOINT ENERGY 07/25/2023 2,985.73 10252 CENTERPOINT ENERGY 07/25/2023 25.00 10263 CENTURYLINK 07/25/2023 805.25 10290 CITY OF NEW BRIGHTON 07/25/2023 154.80 10307 CIVIC SYSTEMS, LLC 07/25/2023 9,427.00 13290 CLASSIC COLLISION LITTLE CANADA 07/25/2023 15,592.18 1010 CLEAR RIVER BEVERAGE COMPANY 07/25/2023 444.67 13121 CLEARWAY COMMUNITY SOLAR LLC 07/25/2023 1,236.60 10314 CMI INC.07/25/2023 146.70 10332 COMPTON'S COMMERCIAL CLNG. INC 07/25/2023 3,578.00 12561 CORE & MAIN LP 07/25/2023 2,503.39 1042 CRYSTAL SPRINGS ICE 07/25/2023 997.70 11796 DO GOOD BIZ INC 07/25/2023 484.00 10423 DODGE OF BURNSVILLE,INC 07/25/2023 41,851.00 10432 DORSEY & WHITNEY 07/25/2023 2,418.00 10461 EHLERS & ASSOCIATES, INC.07/25/2023 442.50 10473 EMERGENCY APPARATUS 07/25/2023 9,224.89 10474 EMERGENCY AUTOMOTIVE TECH, INC 07/25/2023 1,082.85 12019 ENFORCEMENT LIGHTING LLC 07/25/2023 16,000.00 10508 FERGUSON WATERWORKS 07/25/2023 231.83 13177 FRA-DOR INC 07/25/2023 123.21 11775 FREEDOM MAILING SERVICES 07/25/2023 57.61 10578 GOPHER STATE ONE CALL 07/25/2023 710.10 13264 GRITTMAN CONSULTING LLC 07/25/2023 7,402.00 13291 HADERAJ, CALLY & ARDIAN 07/25/2023 75.00 10624 HAWKINS INC 07/25/2023 15,423.48 10661 HENNEPIN COUNTY TREASURER 07/25/2023 5,422.48 1019 HOHENSTEIN'S INC 07/25/2023 5,686.75 10684 HOME DEPOT CREDIT SERVICES 07/25/2023 489.95 10733 INSTRUMENTAL RESEARCH, INC.07/25/2023 115.00 12105 INTERSTATE ALL BATTERY CENTER 07/25/2023 256.90 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 7/11/2023 - 7/25/2023 Jul 20, 2023 12:02PM Vendor Number Payee Check Issue Date Amount 1004 JOHNSON BROTHERS LIQUOR COMPANY.07/25/2023 892.95 1005 JOHNSON BROTHERS LIQUOR COMPANY.07/25/2023 1,707.13 1006 JOHNSON BROTHERS LIQUOR COMPANY.07/25/2023 4,201.80 1044 JOHNSON BROTHERS LIQUOR COMPANY.07/25/2023 4,506.10 10785 KATH FUEL OIL SERVICE 07/25/2023 875.00 10797 KONICA MINOLTA BUSINESS 07/25/2023 244.75 10816 LANGUAGE LINE SERVICES 07/25/2023 168.00 12894 LEAST SERVICE COUNSELING LLC 07/25/2023 320.00 10874 MACQUEEN EQUIPMENT GROUP 07/25/2023 1,921.06 11985 MANSFIELD OIL COMPANY 07/25/2023 8,814.79 10916 MENARDS LUMBER 07/25/2023 70.89 10931 METROPOLITAN COUNCIL - WASTEWATER 07/25/2023 63,335.49 10963 MINNEAPOLIS SAW COMPANY INC 07/25/2023 19.99 10992 MINNESOTA MUNICIPAL 07/25/2023 5,700.00 10994 MINNESOTA OCCUPATIONAL HEALTH 07/25/2023 344.00 11079 MUNICIPAL EMERGENCY SERVICES 07/25/2023 66.49 1051 NEW FRANCE WINE COMPANY 07/25/2023 205.00 13060 NINENORTH 07/25/2023 1,136.49 13126 NORTH STAR CAR WASH 07/25/2023 270.00 13210 ODP BUSINESS SOLUTIONS LLC 07/25/2023 110.12 13247 OECS 07/25/2023 950.00 12112 OREILLY AUTO PARTS 07/25/2023 247.63 11185 PACE ANALYTICAL SERVICES INC.07/25/2023 250.00 1012 PAUSTIS & SONS 07/25/2023 983.75 1001 PHILLIPS WINE & SPIRITS 07/25/2023 6,827.36 1002 PHILLIPS WINE & SPIRITS 07/25/2023 1,912.38 12747 PRECISE MRM LLC 07/25/2023 50.00 12918 QUADIENT LEASING USA INC 07/25/2023 474.42 12482 QUALITY SIGNS & ENGRAVING 07/25/2023 18.50 11539 REDPATH AND COMPANY 07/25/2023 61,245.00 11357 RUFFRIDGE JOHNSON EQUIP COMPANY 07/25/2023 700.00 11408 SIGNATURE CONCEPTS, INC.07/25/2023 1,651.77 2018 SMALL LOT WINES 07/25/2023 116.96 1024 SOUTHERN GLAZER'S OF MN 07/25/2023 54.28 1008 SOUTHERN GLAZER'S OF MN 07/25/2023 1,541.98 1026 SOUTHERN GLAZER'S OF MN 07/25/2023 3,174.04 12760 SSI MN TRANCHE 1 LLC 10322006 07/25/2023 1,112.92 11457 ST ANTHONY VILLAGE CENTER LLC 07/25/2023 2,430.75 11478 STAR TRIBUNE 07/25/2023 203.82 11559 THOMPSON ASSOCIATES 07/25/2023 1,650.00 11566 TIMESAVER OFF SITE SECRETARIAL 07/25/2023 1,097.00 12702 TOKLE INSPECTIONS INC 07/25/2023 36,068.28 11586 TRACY PRINTING 07/25/2023 56.00 11612 TWIN CITY JANITOR SUPPLY 07/25/2023 168.00 11626 U.S. BANK (PURCHASING CARD)07/25/2023 13,150.63 12776 USS MINNESOTA ONE MT LLC 07/25/2023 7,677.60 11674 VERIZON WIRELESS 07/25/2023 264.60 11681 VIKING ELECTRIC SUPPLY INC 07/25/2023 151.50 1025 VINOCOPIA 07/25/2023 634.46 11933 WIMACTEL INC 07/25/2023 75.00 1034 WINE COMPANY THE 07/25/2023 358.00 1038 WINE MERCHANTS INC 07/25/2023 721.40 1032 WINEBOW 07/25/2023 898.54 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 7/11/2023 - 7/25/2023 Jul 20, 2023 12:02PM Vendor Number Payee Check Issue Date Amount 11704 WM CORPORATE SERVICES INC 07/25/2023 1,594.55 11738 WSB & ASSOCIATES INC.07/25/2023 37,784.00 Grand Totals: 512,783.87 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-038 RESOLUTION TO APPROVE A NEW PLAN COORDINATOR FOR THE 457 DEFERRED COMPENSATION PLAN WITH MISSION SQUARE WHEREAS, our Managed Account Services Agreement with Mission Square requires a designated Plan Coordinator for the fiduciary responsibilities of the plan; AND WHEREAS, the City has identified Deborah Maloney, Finance Director, to fill the role of Plan Coordinator. THEREFORE, BE IT RESOLVED, the City Council of the City of St. Anthony Village approves Deborah Maloney as the new Plan Coordinator for the city’s 457 Deferred Compensation Plan with Mission Square. Adopted this 25th day of July, 2023. _________________________________________ Randy Stille, Mayor ATTEST: ____________________________ City Clerk Review for Administration: _________________________________________ Charlie Yunker, City Manager MEMORANDUM TO:Mayor and City Council Charlie Yunker, City Manager FROM:Jay R. Lindgren, City Attorney DATE:17 July 2023 RE:CenterPoint Energy Renewal Ordinance The City currently has a franchise ordinance allowing CenterPoint Energy a nonexclusive right to use public grounds and rights of way to distribute natural gas to customers within the City. The current ordinance expires soon and requires consideration of a new ordinance for a 20 year period. The attached proposed franchise ordinance is similar to the current ordinance in that it requires (1)agreement with the City about location of gas utilities,(2)allows the City to charge a franchise fee to be established as part of your annual fee schedule (as long as consistent with Minnesota Public Utilities Commission),(3)allows the City to charge permit fees consistent with an annual schedule,and (4)allows the City to require escrow deposits,prior to disturbing any public ground. Based on this,there should be no substantial changes to way the franchise operates over the next 20 years. | P a g e 1 o f 7 | CenterPoint Energy Gas Franchise Ordinance ORDINANCE 2023-04 CITY OF ST. ANTHONY, HENNEPIN AND RAMSEY COUNTIES, MINNESOTA AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP. d/b/a CENTERPOINT ENERGY MINNESOTA GAS (“CENTERPOINT ENERGY”), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE FRANCHISE (“FRANCHISE”) TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF ST. ANTHONY, MINNESOTA, FOR SUCH PURPOSE; AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF THE CITY COUNCIL OF THE CITY OF ST. ANTHONY,, MINNESOTA, ORDAINS: SECTION 1.DEFINITIONS For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of St. Anthony, Counties of Hennepin and Ramsey, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Minnesota Gas its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this Franchise. Gas Energy. Gas Energy includes both retail and wholesale natural, manufactured or mixed gas. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing Gas Energy for retail or wholesale use. | P a g e 2 o f 7 | Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, Minnesota Division Vice President, 505 Nicollet Mall, Minneapolis, Minnesota, 55402. Notice to the City shall be mailed to City Manager, City of St. Anthony, 3301 Silver Lake Road, St. Anthony, Minnesota. Any party may change its respective address for the purpose of this Ordinance by written Notice to the other parties. Ordinance. This gas franchise ordinance, also referred to as the Franchise. Public Way. Any highway, street, alley or other public right-of-way within the City. Public Ground. Land owned or otherwise controlled by the City for utility easements, park, trail, walkway, open space or other public property, which is held for use in common by the public or for public benefit. SECTION 2.ADOPTION OF FRANCHISE 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 (twenty) years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell Gas Energy for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future and also the right to transport Gas Energy through the limits of the City for use outside of the City limits. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject, however, to such lawful regulations as may be imposed by the City pursuant to a public right-of-way ordinance or permit requirements adopted consistent with state law, including all fees and deposits required under City Code, Chapter 96, and the City’s corresponding annual fee schedule, so long as the fees are not contrary to the provisions in Minnesota Administrative Rule 7819.000. 2.2 Effective Date; Written Acceptance. This Franchise shall be in force and effect from and after the passage of this Ordinance and publication as required by law and its acceptance in writing by Company. 2.3.Service and Gas Rates. The terms and conditions of service and the rates to be charged by Company for Gas Energy in City are subject to the exclusive jurisdiction of the Commission. 2.4.Publication Expense. Company shall pay the expense of publication of this Ordinance. 2.5.Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within thirty (30) days of the written Notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within thirty (30) days after | P a g e 3 o f 7 | first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this Franchise or for such other relief as may be permitted by law or equity. 2.6.Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this Franchise expires, this Franchise will remain in effect until a new franchise is agreed upon, or until ninety (90) days after the City or the Company serves written Notice to the other party of its intention to allow Franchise to expire. SECTION 3.LOCATION, OTHER REGULATIONS 3.1.Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so as not to disrupt normal operation of any City Utility System. Gas Facilities may be located on Public Grounds in a location to be mutually agreed by the City and the Company. The location and relocation of Gas Facilities shall be subject to reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this Franchise. 3.2.Street Openings. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City for which the City may impose a reasonable fee and escrow deposit under City Code, Chapter 96 and the City’s corresponding annual fee schedule. Permit conditions imposed on Company shall not be more burdensome than those imposed on other public right-of-way users for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar Notice to the City before commencement of the emergency repair, if reasonably possible. Within two (2) business days after commencing the repair, Company shall apply for any required permits and pay any required fees. 3.3.Restoration. After undertaking any work requiring the opening of any Public Way or Public Ground, the Company shall restore the Public Ways or Public Grounds in accordance with Minnesota Rules, 7819.1100. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for six (6) months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five (5) days, the right to make the restoration of the Public Ways or Public Grounds at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. The Company shall not be required to post a construction performance bond. 3.4.Avoid Damage to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Gas Facilities by persons, property or the elements. Per Minnesota Statute § 216D.05, the City must take protective measures when it performs work near the Gas Facilities. | P a g e 4 o f 7 | 3.5.Notice of Improvements to Streets. The City will give Company reasonable written Notice of plans for improvements to Public Ways and Public Grounds where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The Notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways or Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one Public Way or Public Grounds is involved, the order in which the work is to proceed. The Notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities Company deems necessary. 3.6 Mapping Information. If requested by City, Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules 7819.4000 and 7819.4100. 3.7.Emergency Response. As emergency first responders, when a public safety concern exists both the City and Company shall respond to gas emergencies within the City without additional direct fee or expense to either City or Company. SECTION 4.RELOCATIONS 4.1.Relocation in Public Ways. The Company and City shall comply with the provisions of Minnesota Rules 7819.3100 with respect to requests for the Company to relocate Gas Facilities located in Public Ways. 4.2 Relocation in Public Grounds. City may require Company at Company’s expense to relocate or remove its Gas Facilities from Public Grounds upon a finding by City that the Gas Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Grounds. Nothing in this Section 4.2 shall be construed so as to invalidate or impair any existing company easements in Public Grounds. If Company is required to relocate from an existing easement, City shall provide an equivalent easement for the relocated facilities. 4.3.Projects with Federal Funding. Relocation, removal or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally aided highway project shall be governed by the provisions of Minnesota Statutes §§ 161.45 and 161.46. SECTION 5.INDEMNIFICATION 5.1.Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence or otherwise wrongful act or omission except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. | P a g e 5 o f 7 | 5.2.Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written Notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such Notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf. This Franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 6.VACATION OF PUBLIC WAYS AND PUBLIC GROUNDS The City shall give Company at least two weeks prior written Notice of a proposed vacation of a Public Ways or Public Grounds. The City and the Company shall comply with Minnesota Rules 7819.3100 and 7819.3200 with respect to any request for vacation. SECTION 7.CHANGE IN FORM OF GOVERNMENT Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8.FRANCHISE FEE 8.1.Form. During the term of the franchise hereby granted, the City may charge the Company a franchise fee. The Company will administer the collection and payment of franchise fees to City in lieu of permit fees or other fees that may otherwise be imposed on the Company in relation to its operations as a public utility in the City. The franchise fee will be collected on a flat fee basis, or by some other method that is mutually acceptable to both City and Company for each retail customer account within the corporate limits of the City. The amount of the fee collected may differ for each customer class. The City will use a formula that provides a stable and predictable amount of fees, without placing the Company at a competitive disadvantage. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with the Minnesota Public Utility Commission’s March 23, 2011, Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. If the Company claims that the City required fee formula is discriminatory or otherwise places the Company at a competitive disadvantage, the Company will provide a formula that will produce a substantially similar fee amount to the City. If the City and Company are unable to agree, the disagreement shall be subject to the Dispute Resolution provisions of this Ordinance. For clarity, the City and Company agree that the City may charge all required permit fees and deposits imposed under City Code, Chapter 96, and the City’s corresponding annual fee schedule, until such time as the City chooses to impose the franchise fee authorized under this Section 8.1. 8.2.Separate Ordinance. The franchise fee shall be imposed by separate ordinance duly adopted by the City Council. The effective date of the franchise fee ordinance shall be no less than | P a g e 6 o f 7 | ninety (90) days after written Notice enclosing a copy of the duly adopted and approved ordinance has been served upon the Company by Certified mail. The Company is not required to collect a franchise fee if the terms of the fee agreement are inconsistent with this franchise or state law, provided the Company notifies the City Council of the same within the ninety (90) day period. 8.3.Condition of Fee. The separate ordinance imposing the fee shall not be effective against the Company unless it lawfully imposes a fee of the same or substantially similar amount on the sale of energy within the City by any other energy supplier, provided that, as to such supplier, the City has the authority or contractual right to require a franchise fee or similar fee through an agreed- upon franchise. 8.4.Collection of Fee. The franchise fee shall be payable not less than quarterly during complete billing months of the period for which payment is to be made. The franchise fee formula may be changed from time to time, however, the change shall meet the same Notice and acceptance requirements and the fee may not be changed more often than annually. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City and be consistent with Minnesota Public Utility Commission’s March 23, 2011, Order establishing franchise fee filing requirements in Docket No. E,G999/CI-09-970. Such fee is subject to subsequent reductions to account for uncollectibles and customer refunds incurred by the Company. The Company shall not be responsible to pay City fees that Company is unable to collect under Commission rules or order. Company agrees to make available for inspection by City at reasonable times all records necessary to audit Company’s determination of the franchise fee payments. 8.5.Continuation of Franchise Fee. If this franchise expires and the City and the Company are unable to agree upon terms of a new franchise, the franchise fee, if any being imposed by the City at the time this franchise expires, will remain in effect until a new franchise is agreed upon. However, the franchise fee will not remain in effect for more than one (1) year after the franchise expires as stated in Section 2.6 of this Franchise. If for any reason the franchise terminates, the franchise fee will terminate at the same time. SECTION 9.ABANDONED FACILITIES The Company shall comply with Minnesota Rules, Part 7819.3300, as it may be amended from time to time with respect to abandoned facilities in Public Ways. The Company shall maintain records describing the exact location of all abandoned and retired Gas Facilities within the Public Ways and Public Grounds, produce such records at the City’s request and comply with the location requirements of Minnesota Statutes § 216D.04 with respect to all Gas Facilities located in Public Ways and Public Grounds. SECTION 10.PROVISIONS OF ORDINANCE 10.1.Severability. Every section, provision or part of this Ordinance is declared separate from every other section, provision or part; and if any section, provision or part shall be held invalid, it shall not affect any other section, provision or part. Where a provision of any other City ordinance is inconsistent with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. | P a g e 7 o f 7 | 10.2.Limitation on Applicability. This Ordinance constitutes a franchise agreement between City and Company as the only parties. No provisions herein shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third-party beneficiary of this Ordinance or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11.AMENDMENT PROCEDURE Either party may propose at any time that this Franchise Ordinance be amended. Franchise Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company’s written consent thereto with the City Clerk within ninety (90) days after the effective date of the amendatory ordinance. Passed and approved: ______________, 2023 _________________________________________ Mayor of the City of St. Anthony, Minnesota Attest: City Clerk, St. Anthony, Minnesota NOTICE OF A PUBLIC HEARING July 25, 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 City Council will hold a public hearing to solicit public response to a proposed amendment to City Code granting CenterPoint Energy, its successors and assigns, a non-exclusive franchise to construct, operate, repair and maintain a gas distribution system including necessary gas mains, pipes and equipment for the transportation, distribution and sale of gas for public and private use and to use public ways and public grounds of the City of St. Anthony for such purposes; and prescribing certain terms and conditions thereof. The City Council agenda and packet item relating to this application will be made available prior to the meeting online at http://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=1823 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 city@savmn.com until the date of the public hearing. Questions? Questions may be directed to the City Clerk at 612-782-3301. Nicole Miller City Clerk MEMORANDUM To:St. Anthony Village City Council From:Charlie Yunker, City Manager Date:July 25, 2023 City Council Meeting Request:Request to hold VillageFest August 4 & 5, 2023 BACKGROUND Julianne Hunter has submitted a Special Event Permit to hold the annual VillageFest celebration August 4 &5, 2023. Being that the request involves City property, amplified music and expects to exceed 100 attendees; a Special Event Permit is required. VillageFest is a large and long-standing community event that involves a number of events in different areas of the city, and required support from the City’s Public Safety departments as well as Public Works. On June 27th, 2023 VillageFest representatives met with staff representatives to discuss the needs of City services, primarily focused around road closures and staff support for the parade, and support services for events in Central Park. Staff found those requests to be reasonable and consistent with past celebrations. RECOMMENDATION Staff recommends approval of the Special Event Permit to VillageFest August 4 & 5, 2023. ATTACHMENTS: Special Event Permit Schedule Map 501(c)3 Letter Certificate of Liability Resolution 23-039 6/6/23, 11:12 AM Form Center • St Anthony Village, MN • CivicEngage https://www.savmn.com/Admin/FormCenter/Submissions/Edit?id=5439&formID=124&referrerURL=&submissionDataDisplayType=0&backURL=%2FA…1/8 What kind of event needs this permit? Complete this application for any event involving the use of a public facility or park/open space that is being used beyond its intended purpose, or impacts a neighborhood, business or the community as whole. Or, contains any of the following elements: - Expected attendance of more than 100 people and open to the general public - Event is requesting the use of city property and/or street closures - There will be amplified live or pre-recorded music - There will be the sale of alcoholic beverages Complete this application and return it to the City Clerk’s Office at least 45 days prior to the starting date of the event. Issuance of a Special Event Permit does not, in any way, imply City sponsorship of the Special Event. Please be aware that issuance of a Special Event Permit does not constitute a waiver of any Federal, State or Local laws. Applicants are responsible for complying with all applicable Federal, State, and Local laws. Name of Special Event St. Anthony VillageFest Name of Applicant or Organization St. Anthony VillageFest Main Contact Form Center ► Permits ► Special Event Permit ► Submission #5439 F O R M C E N T E R V I E W S I T E M A I N F I E L D S E TS L E G A C Y F O R M S P R O P E R T I E S P E R M I S S I O N S B AC K P R I N T * * Form Details Submitted By: Julianne Hunter Submitted On: June 6, 2023 10:30 AM IP Address: 73.37.154.8 Referrer: http://www.savmn.com/FormCenter… 27/Special-Event-Permit-124 Answered 32 of 39 (82.1%) S AV E C H A N G E S C A N C E L HOMEPAGE DASHBOARD MODULES JENNIFER D HELP 6/6/23, 11:12 AM Form Center • St Anthony Village, MN • CivicEngage https://www.savmn.com/Admin/FormCenter/Submissions/Edit?id=5439&formID=124&referrerURL=&submissionDataDisplayType=0&backURL=%2FA…2/8 Name Julianne Dahlsgaard Hunter Daytime Phone 17735312513 Address 2801 St Anthony Blvd City St. Anthony State MN Zip 55418-3225 Email Address j.hunter@interiorarchitects.com Event Details Starting Date & Time Ending Date & Time Estimated Event Attendance 2000 Location St. Anthony Blvd, St. anthony Shopping Center, Central Park ** * *** * * 08/04/2023 6:00 PM * 08/05/2023 11:00 PM ** HOMEPAGE DASHBOARD MODULES JENNIFER D HELP 6/6/23, 11:12 AM Form Center • St Anthony Village, MN • CivicEngage https://www.savmn.com/Admin/FormCenter/Submissions/Edit?id=5439&formID=124&referrerURL=&submissionDataDisplayType=0&backURL=%2FA…3/8 Yes No Is the event in coordination with another event?* Affiliated Event Provide a detailed description of all activities that will take place: I will attach a schedule, and a layout- the parade route will follow exactly last years. Location(s) of event parking: Street parking Yes No Amplified sound?* Provide a description of any recording and sound amplification equipment to be used at your event and the times: There will be a parade on Friday, and a band afterwards, and bands from noon to 11 on Saturday. It will be consistent with prior years. Restrooms If event attendance is expected to be at least 100 people, please address how you will address restrooms. Companies generally recommend 1 restroom per 100 attendees. We rent Biffs, and utliize the pavilion restrooms * * HOMEPAGE DASHBOARD MODULES JENNIFER D HELP 6/6/23, 11:12 AM Form Center • St Anthony Village, MN • CivicEngage https://www.savmn.com/Admin/FormCenter/Submissions/Edit?id=5439&formID=124&referrerURL=&submissionDataDisplayType=0&backURL=%2FA…4/8 Yes No Restrooms Provided?*Quantity 12 Company contracted for restrooms: Biffs Trash Disposal Describe your plans for trash disposal. Staff recommends 1 trash bin per 100 attendees. We have trash boxes, and get a dumpster from a garbage company, Public Works helps. We also have trash people during the day to help and people to clean up the hill Sunday morning Yes No Are you providing trash disposal?* Company contracted for trash disposal: Aspen or Walters- we are still negotiating Event Security Plans Applicant is responsible for event security. Additional security may be stipulated by the Police Department. If you have questions about the amount of security to provide, please contact the Police Department at 612-782-3350. If event security will be provided by the applicant, please explain arrangements: There is a member of the SAPD on our committee and he will handle that and take care of the below If requesting the Police Department to provide security, please provide details: * * HOMEPAGE DASHBOARD MODULES JENNIFER D HELP 6/6/23, 11:12 AM Form Center • St Anthony Village, MN • CivicEngage https://www.savmn.com/Admin/FormCenter/Submissions/Edit?id=5439&formID=124&referrerURL=&submissionDataDisplayType=0&backURL=%2FA…5/8 Date/Time: — # of officers: Date/Time: — # of officers: Date/Time: — # of officers Emergency Services If event security will be provided by the applicant, please explain arrangements for emergency services: SAPD and SAFD will be responsible, and we meet with them and city staff to assume we are covered mm/dd/yyyy hh:mm am/pm mm/dd/yyyy hh:mm am/pm mm/dd/yyyy hh:mm am/pm mm/dd/yyyy hh:mm am/pm mm/dd/yyyy hh:mm am/pm mm/dd/yyyy hh:mm am/pm * HOMEPAGE DASHBOARD MODULES JENNIFER D HELP 6/6/23, 11:12 AM Form Center • St Anthony Village, MN • CivicEngage https://www.savmn.com/Admin/FormCenter/Submissions/Edit?id=5439&formID=124&referrerURL=&submissionDataDisplayType=0&backURL=%2FA…6/8 Park Use If park shelter(s) are requested, please contact Community Services through the link below: https://stanthony.ce.eleyo.com/facilities/calendar Name of Park: Central Park Required Attachments Must be attached to the Special Event Permit Application when submitted, as applicable: An event map showing requested use of streets and/or sidewalks (for a parade, run, etc.) or will use multiple locations. Attach a complete map showing assembly and dispersal locations, route plan, and any streets or parking lots you are requesting be blocked. Temporary Liquor License application is required for the sale of alcoholic beverages. MN State Statute 340A.404 (10) The governing body of a municipality may issue to (1) a club or charitable, religious, or other nonprofit organization in existence for at least three years, (2) a political committee registered under section 10A.14, or (3) a state university, a temporary license for the on-sale of intoxicating liquor in connection with a social event within the municipality sponsored by the licensee. If the organization is a registered non-profit, a copy of the IRS determination letter. Upload applicable required documents here: GeneralVFLayout.pdf Indemnification Agreement and Insurance Information The applicant hereby agrees to save, defend, hold harmless, and indemnify the City of St. Anthony Village and all of its officers, departments, agencies, agents, and employees (collectively the “City”) from and against any and all claims, losses, damages, injuries, fines, penalties, and costs, including attorneys’ fees, charges, liability, or other exposures, however caused, resulting from, arising out of, or in any way related to the applicant’s event as herein described and applicant’s use of City property and/or right-of-way. Nothing herein shall have any effect on the City’s right to assert any liability defense in accordance with Minnesota Statutes, Chapter 466. The City, in its sole discretion, may require the Applicant to obtain liability insurance coverage(s) for any event. If the City notifies the Applicant in writing that liability insurance is required, the Applicant must provide proof of the appropriate liability insurance(s) in the amount(s) provided herein. * HOMEPAGE DASHBOARD MODULES JENNIFER D HELP 6/6/23, 11:12 AM Form Center • St Anthony Village, MN • CivicEngage https://www.savmn.com/Admin/FormCenter/Submissions/Edit?id=5439&formID=124&referrerURL=&submissionDataDisplayType=0&backURL=%2FA…7/8 The Applicant must provide the City with a Certificate of Insurance showing proof of the required liability insurance(s). The City must be listed as an additional insured on all liability policies. Applicant’s insurance shall act as the primary insurance coverage for any claims of loss covered by the insurance policy. The City requires the Applicant to obtain any or all of the following insurance coverage, in at least the coverage amounts contained herein: 1. Commercial general liability insurance or equivalent special event coverage protecting Applicant and City from claims for damages or bodily injury and property damage which may arise out of or in connection with the event’s operation and use of the City’s property or right-of-way. This general liability insurance policy shall be in an amount not less than $1,000,000.00 per occurrence. 2. If Applicant will be using an automobile for any portion of the Applicant’s event, Applicant must obtain automobile liability insurance in an amount not less than $1,000,000.00 per occurrence. Such policy must include liability coverage for owned, nonowned, and hired automobiles. 3. If alcohol will be served or included in Applicant’s event, Applicant must obtain liquor liability (also known as dram shop) insurance in an amount not less than $1,000,000.00 per occurrence. The City reserves the right to modify these insurance requirements at its sole discretion based on the nature and scope of Applicant’s proposed event. Signature of Event Applicant I understand that I am required to obtain insurance coverage as outlined herein before the City will approve my use of City property or right-of way. I hereby agree to obtain such coverage as the City may deem necessary and to provide City all necessary documentation of such insurance coverage. I further certify under the penalty of perjury that I am authorized to execute contracts and other instruments and legally bind the Applicant. I agree. Electronic Signature Agreement* By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date. Electronic Signature Julianne Hunter Date 06/06/23 In granting or denying the permit, the City Council will consider the type and size of the group for which the permit is requested, the extent to which the group involves city residents and their use of city park facilities, the anticipated effect upon other users of the park and adjacent residential properties, the likelihood of damage to park property and any other facts relevant to the health, safety, and general welfare of the residents of the city. The City Council reserves the right to deny any permit or to add conditions to any permit which it grants. This site is powered by CivicPlus Rev:5 0 87582 For assistance please visit our support site Learn more about the CivicPlus ** HOMEPAGE DASHBOARD MODULES JENNIFER D HELP 07/20/2022 Higgins Insurance Agency 2214 Central Ave NE Minneapolis MN 55418-3708 Megan 2021 (612) 789-7231 (612) 789-8822 VillageFest Inc 3300 Silver Lake Rd St Anthony MN 55418 Secura Insurance Company CL2272002827 A 9617130 08/04/2023 08/06/2022 1,000,000 300,000 1,000,000 3,000,000 3,000,000 Liquor Liability 1,000,000 City of St. Anthony 3301 Silver Lake Road St. Anthony MN 55418 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-039 A RESOLUTION APPROVING THE USE OF CENTRAL PARK FOR A SPECIAL EVENT ON AUGUST 4 & 5, 2023 WHEREAS, Julianne Hunter has submitted a special event permit to use city property to host VillageFest on August 4 & 5, 2023; and WHEREAS, the applicant has requested access for event set up on August 4, 2023 as well as clean up on August 6, 2023; and WHEREAS, the event will include live bands with amplified sound, alcohol, food trucks, bouncies, a petting zoo, bingo, silent auction and fireworks. THEREFORE, BE IT RESOLVED, the City Council of the City of St. Anthony Village approves the request from Julianne Hunter to host VillageFest on August 4 and August 5, 2023 at Central Park. Adopted this 25th day of July, 2023. _________________________________________ Randy Stille, Mayor ATTEST: ____________________________ City Clerk Review for Administration: _________________________________________ Charlie Yunker, City Manager MEMORANDUM To:Mayor Stille and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:July 20, 2023 Meeting Date:July 25, 2023 RE:St. Anthony – THC/Hemp Moratorium and Ordinance NAC Project No.140.00 PROJECT STATUS This memorandum accompanies a proposed ordinance for the regulation of commercial sales of THC/Hemp products (or “cannabinoids”). The materials below reflect the discussion held by the Council at the first reading. The ordinance is essentially the same as that presented during the first reading, with updates to internal language and references noted by Council. As discussed at the that initial reading, the ordinance is intended to address 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 halting any license or business openings until these regulations could be developed. The moratorium ordinance permitted the study of the various public policy issues surrounding the new legislation, gain additional guidance from the League of Minnesota Cities and other resources, eventually leading to the development of the proposed regulations that will 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. The ordinance language is based on a review of several other communities adopted regulations. The proposed regulations create three basic categories for regulation and potential licensing: (1) edible solid cannabinoids (such as gummies or bars), which licenses will be available to existing licensed tobacco retailers; (2) liquid beverages infused with THC cannabinoids that will be available to existing on-sale liquor licensees for consumption on the premises; and (3) liquid beverages that will be available for sale through the City’s municipal liquor retail facilities. The latter locations will also have the ability to conduct sampling, consistent with the sales of off-sale alcohol. July 25, 2023 Page 2 COUNCIL ACTION As discussed above, the moratorium ordinance related to THC/Hemp products expires on July 26, 2023. The Council conducted its first reading of the ordinance at its regular meeting on July 11th. Because the moratorium expires a day after the Council’s second reading, the Council may wish to exercise its authority to waive the third reading if desired, to avoid a gap between the expiration of the moratorium and adoption of the ordinance. Recommended Action: Approve the second reading of Ordinance 2023-03 and waive the third reading, along with approval of publication by summary ordinance effective July 26th, 2023. 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 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 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 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: 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 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 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. 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 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. 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: ORDINANCE 2023-03 1 CITY OF ST. ANTHONY HENNEPIN AND RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE, BY AMENDING TITLE XI, SECTION 111 RELATING TO REGULATION OF THE SALE 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. 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 which contains a cannabinoid in connection with food ingredients, and is not a drug. (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. (G) “Hemp” or “Industrial Hemp” means the definition for the same provided in Minn. Stat. § 18K.02, Subd. 3, as may be amended. (H)“Label” means the definition for the same provided in Minn. Stat. § 151.01, Subd. 18, as may be amended. (I)“Labeling” means the definition for the same provided in Minn. Stat. § 151.72, Subd. 1(f), as may be amended. (J)“Matrix barcode” means the definition for the same provided in Minn. Stat. § 151.72, Subd. 1(g), as may be amended. (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. (L) “Nonintoxicating cannabinoid” means substances extracted from certified hemp ORDINANCE 2023-03 3 plants that do not produce intoxicating effects when consumed by any route of administration. (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. (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. (O) “Sale” means any transfer of goods for money, trade, barter or other consideration. (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. (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 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 ORDINANCE 2023-03 4 license will be for March 15th of the year of the issuance to March 14th 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: (1)For external or internal use in the diagnosis, cure, mitigation, treatment, or ORDINANCE 2023-03 5 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 edible cannabinoid-beverage 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 edible cannabinoid products – beverages, as an accessory use, and expressly excluding solids. 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. c.City-Licensed Tobacco retail establishments, limited to the sale of edible cannabinoid products - 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: (1)Bear the likeness or contain cartoon-like characteristics of a real or fictional person, animal, or fruit that appeals to children; ORDINANCE 2023-03 6 (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, beverage, snack food, or any other consumable 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. (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 retail sales of full-serving on-sale THC-infused beverages at licensed on-sale liquor establishments. ORDINANCE 2023-03 7 (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. (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. (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. (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. (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 ORDINANCE 2023-03 8 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 10.99 of the City Code. ORDINANCE 2023-03 9 (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.The City Clerk is hereby directed to make the changes required by this Ordinance as part of the Official St. Anthony City Code, Title XI, Business Regulations, and to renumber the tables and chapters accordingly as necessary to provide the intended effect of this Ordinance. The City Clerk is further directed to make necessary corrections to any internal citations that result from said renumbering process, provided that such changes retain the purpose and intent of the Zoning Ordinance as has been adopted. Section 3.This Ordinance shall take effect and be in full force from and after its passage and publication. This ordinance may be published by summary publication, per a duly adopted resolution of the City Council. The ordinance in its entirety and any related map shall be posted on the City website after publication. Copies of the complete Ordinance and map are available online and at St. Anthony City Hall for examination upon request. ORDINANCE 2023-03 10 ADOPTED BY the St. Anthony City Council this 25th day of July, 2023. __________________________________ Randy Stille, Mayor ATTEST: ___________________________________ City Clerk AYES: NAYS: CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 23-040 A RESOLUTION APPROVING SUMMARY PUBLICATION FOR ORDINANCE 2023-03 WHEREAS, the City Council of the City of St. Anthony has adopted the above referenced ordinance concerning City Code updates to Sections 111 and 152 Relating to the Regulation of the Sale, Manufacturing and Distribution of Cannabinoid Products; 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 2023-03. NOW, THEREFORE, BE IT RESOLVED that: the following summary of Ordinance 2023-03 shall be published in the official paper in lieu of the entire ordinance. SUMMARY PUBLICATION Ordinance 2023-03 An Ordinance Amending Sections; The City Council of the City of St. Anthony adopted Ordinance 2023-03 on July 25, 2023, amending Sections. The amended ordinance elements include: Section 111-Hemp Derived Cannabinoid Products Section 152-Cannabis Facilities The full Ordinance is available for review at City Hall, St. Anthony City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418. Adopted this 25th day of July, 2023. _________________________________ Randy Stille, Mayor ATTEST: _________________________ City Clerk Reviewed for administration: _________________________________ Charlie Yunker, City Manager ST. ANTHONY VILLAGELIQUOR OPERATIONS Mid‐Year  Report July 25, 2023 CONVENIENT LOCATIONS Silver Lake Village 2602 39th Ave. Marketplace 2700 Highway 88 MISSION STATEMENT Our goal at St. Anthony Village Wine and Spirits is to actively prevent the sale of beverages that contain alcohol to minors and intoxicated persons, while simultaneously generating revenue for the community, in accordance with all city, state and county liquor laws and ordinances. VISION STATEMENT The St. Anthony Village Wine and Spirits brand is committed to providing a unique retail environment that is based on excellent customer service, product selection, competitive pricing, while providing safe, bright and clean stores that drive long term customer loyalty. THE VALUE OF ST. ANTHONY VILLAGE WINE AND SPIRITS Liquor Operations actively  participates in the City’s  Mission, Vision and Strategic  Initiatives: •Environmental responsibility •Civic engagement •Welcoming retail environment •Fiscal & organizational strength •Quality infrastructure. •Safe and secure stores THE VALUE OF MUNICIPAL LIQUOR OPERATIONS •“Without municipal liquor profits, cities would need to either  reduce their budgets or increase their fees and property taxes.” •“In general, they do not operate any differently than a private  liquor store.” •“Municipal stores must abide by the same laws and three‐tier  distribution model.” •“Residents also benefit from a publicly owned asset that generates  an economic return on equity and capital, putting taxpayer dollars  to productive use.” ‐Valuation Viewpoints, Shenehon Business & Real Estate Valuations THE VALUE OF ST. ANTHONY VILLAGE WINE AND SPIRITS Our Profits are transferred to the  General Fund and can be used to: •Provide Property Tax  Levy Relief •Provide Funds for Equipment  Purchases for Police, Fire and Public  Works  Departments •Supplement General Fund Purchases CONDITIONS THROUGH JUNE 2023 •Customer Purchasing Habits o Inflationary buying habits as customers  purchase less expensive products •Rising Cost of Products 1% •Gross Profit Decrease of 1% •Sales Increase of .5% •Operating Expense Increase of 2% •Net Profit Decrease of 12% JANUARY –JUNE 2023-2022 SALES AND PROFIT COMPARISON Year  to Date 6/30/23 6/30/22 Increase (Decrease) Sales $3,321,294.00 $3,306,334.76 $14,959.24 Less: Purchases/Cost of Goods Sold $2,476,188.40 $2,449,834.32 $26,354.08 Gross Profit $845,105.60 $856,500.44 ($11,394.84) Operating Expense: Salaries, Wages, & Benefits $426,880.61 $416,139.18 $10,741.43 All Other Expenses $239,150.69 $236,185.46 $2,965.23 Total Operating Expense $666,031.30 $652,324.64 $13,706.66 Profit from Operations $179,074.30 $204,175.80 ($25,101.50) Non/Operating Revenue/Expenditures 114.02 ($737.87) 851.89 Net Income $179,188.32 $203,437.93 ($24,249.61) 2023 SALES COMPARISON 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Monthly Sales 2019 2020 2021 2022 2023 2023 SALES PROJECTION Sales 2019 2020 2021 2022 Jan - Jun 2,845,576 46% 3,117,910 44% 3,452,016 48% 3,298,521 47% Jul - Dec 3,315,409 54% 3,897,770 56% 3,801,536 52% 3,734,898 53% Total $ 6,160,985 $ 7,015,680 $ 7,253,552 $ 7,033,419 AVG 2023 Jan - Jun 3,178,506 46% 3,321,294 46% Jul - Dec 3,687,403 54% 3,853,052 54% Total $ 6,865,909 $ 7,174,346 2023 NET INCOME PROJECTION Net Income 2019 2020 2021 2022 Jan - Jun 105,934 39% 171,235 41% 169,954 38% 203,438 41% Jul - Dec 166,941 61% 247,499 59% 280,523 62% 290,178 59% Total $ 272,875 $ 418,734 $ 450,477 $ 493,616 AVG 2023 Jan - Jun 162,640 40% 179,188 40% Jul - Dec 246,285 60% 271,344 60% Total $ 408,926 $ 450,532 2023 ACCOMPLISHMENTS •City Goal Setting •League of Minnesota Cities  Conference •Minnesota Municipal Beverage  Association Conference •MMBA/MLBA Legislative Day at  the Capital •Students in Government •Social Media Advertising &  News Sharing group •City Council Tour  of City  Buildings •Collaboration With Distilleries  and Breweries WHERE WE ARE NOW •Construction Surrounding the  Stores •Supply Chain Delivery Issues •Inflationary Influence on  Customers Purchasing Habits •Cost of Products and Retail   Prices Stabilizing LOOKING AHEAD…2023 Celebrating 75 Years  of Public Service! •On February 10th 1948, St. Anthony City  Council passed an ordinance to form a  municipal liquor operation •Controlling the sale of liquor products in our  community remains the top priority •Beyond the benefit of control and revenue,  the liquor stores provide a great opportunity  for St. Anthony employees to engage with  residents and visitors that may not normally  interact with city employees LOOKING AHEAD…2023 •Part of Council’s tour of city  facilities •Reinvesting in the stores  infrastructure and  maintenance needs •Any needs to assist us for  the future trends of the  retail alcohol business LOOKING AHEAD……2023 •Implement New On‐line Ordering  and Application •Continued Collaboration Products  with Local Distilleries and  Breweries •Holiday Sampling Events •THC/Cannabis/Hemp Products WEBSITE www.savmn.com •Event Calendar •Monthly Specials •Product Requests •Store Hours •Contact Information •On‐line Ordering (New Application  Coming Soon!) •“Notify Me”, Email & Text  Alerts  Date Type Staff Present August 8 Work Session Discuss Updated Levy Scenarios/Detailed General Fund Budget Discuss SA Relief Association Benefit Increase City Council City Manager August 8 Regular Planning Commission items from July Electronic sign Quote City Council City Manager August 22 Regular 2024 Proposed Budget & Levy Presentation Approve 2024 Feasibility Study and Order Plans and Specs City Council City Manager Finance Director Engineer September 12 Work Session Code Amendments City Council City Manager City Planner September 12 Regular Spirit of St. Anthony Award 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 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 FUTURE COUNCIL AGENDA ITEMS 2023  Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS 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 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 2024  Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS 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 & Tort Limits‐ Consent 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 City Council City Manager May 28 Regular Villager of the Year and Business of the Year City Council City Manager 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  Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS July 23 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