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Home My WebLink AboutCC PACKET 07092024CITY OF SAINT ANTHONY VILLAGE CITY COUNCIL MEETING AGENDA Tuesday, July 9, 2024 at 7:00PM Members of the public who wish to attend the meeting may do so in person. Call To Order. Pledge Of Allegiance. Roll Call. Approval Of Agenda. Proclamations And Recognitions. Police Swearing In: Lieutenant Dokken, Sergeant Gerbino, Officer Mickelson Jeff Spiess, Police Chief, presenting. POLICE LIEUTENANT OATH OF OFFICE - DOKKEN.PDF POLICE SERGEANT OATH OF OFFICE - GERBINO.PDF POLICE OFFICER OATH OF OFFICE - MICKELSON.PDF Consent Agenda. Approval Of CC Meeting Minutes CC 06 -25 -2024.PDF License And Permits LICENSEANDPERMITS .PDF Claims 07 -09 -2024.PDF Resolution 24 -044 Accepting Grants And Donations Received RESOLUTION 24 -044.PDF Resolution 24 -045 Authorizing The City Manager To Execute The Assessment Agreement Between The City Of Saint Anthony Village And Hennepin County COVER MEMO.PDF JPA AGREEMENT HENNEPIN COUNTY.PDF 24 -0199 DETAILS (WITH TEXT).PDF 24 -0199 EXECUTED.PDF RESOLUTION 24 -045.PDF Public Hearing. Reports From Commission And Staff. Resolution 24 -046 Approving A Request For A Conditional Use Permit For An Electronic Dynamic Display Sign At 2801 Kenzie Terrace In The "C', Commercial Zoning District Steve Grittman, City Planner, presenting. COVER MEMO.PDF PRESENTATION.PDF APPLICATION MATERIALS.PDF RESOLUTION 24 -046.PDF General Business Of Council. 2023 Finance Audit Andy Hering, Redpath CPA, presenting. PRESENTATION.PDF Ordinance 2024 -02 Amending The St. Anthony City Code By Amending Section 91 Of The City Code Relating To Animals Steve Grittman, City Planner, presenting. FINAL READING COVER MEMO.PDF ORDINANCE 2024 -02 - REDLINED.PDF ORDINANCE 2024 -02.PDF Ordinance 2024 -03 Amending The St. Anthony City Code, By Amending Title XI, Section 152.188 Relating To Regulation Of The Sale And Distribution Of Cannabis Products Steve Grittman, City Planner, presenting. FINAL READING COVER MEMO.PDF ORDINANCE 2024 -03 REDLINED.PDF ORDINANCE 2024 -03.PDF Resolution 24 -047 Approving Summary Publication For Ordinance 2024 -02 Charlie Yunker, City Manager, presenting. RESOLUTION 24 -047.PDF Resolution 24 -048 Approving Summary Publication For Ordinance 2024 -03 Charlie Yunker, City Manager, presenting. RESOLUTION 24 -048.PDF 2024 Goals Update Charlie Yunker, City Manager, presenting. 2024 GOALS CHART.PDF Reports From City Manager And Council Members. Community Forum Individuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk ’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to promote a high quality of life to those we serve through outstanding city services. I. II. III. IV. V. A. Documents: VI. A. Documents: B. Documents: C. Documents: D. Documents: E. Documents: VII. VIII. A. Documents: IX. A. Documents: B. Documents: C. Documents: D. Documents: E. Documents: F. Documents: X. XI. XII. A. Documents: XIII. 1 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, July 9, 2024 at 7:00PMMembers of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Police Swearing In: Lieutenant Dokken, Sergeant Gerbino, Officer MickelsonJeff Spiess, Police Chief, presenting.POLICE LIEUTENANT OATH OF OFFICE - DOKKEN.PDFPOLICE SERGEANT OATH OF OFFICE - GERBINO.PDFPOLICE OFFICER OATH OF OFFICE - MICKELSON.PDFConsent Agenda.Approval Of CC Meeting MinutesCC 06 -25 -2024.PDFLicense And PermitsLICENSEANDPERMITS .PDFClaims07-09 -2024.PDF Resolution 24 -044 Accepting Grants And Donations Received RESOLUTION 24 -044.PDF Resolution 24 -045 Authorizing The City Manager To Execute The Assessment Agreement Between The City Of Saint Anthony Village And Hennepin County COVER MEMO.PDF JPA AGREEMENT HENNEPIN COUNTY.PDF 24 -0199 DETAILS (WITH TEXT).PDF 24 -0199 EXECUTED.PDF RESOLUTION 24 -045.PDF Public Hearing. Reports From Commission And Staff. Resolution 24 -046 Approving A Request For A Conditional Use Permit For An Electronic Dynamic Display Sign At 2801 Kenzie Terrace In The "C', Commercial Zoning District Steve Grittman, City Planner, presenting. COVER MEMO.PDF PRESENTATION.PDF APPLICATION MATERIALS.PDF RESOLUTION 24 -046.PDF General Business Of Council. 2023 Finance Audit Andy Hering, Redpath CPA, presenting. PRESENTATION.PDF Ordinance 2024 -02 Amending The St. Anthony City Code By Amending Section 91 Of The City Code Relating To Animals Steve Grittman, City Planner, presenting. FINAL READING COVER MEMO.PDF ORDINANCE 2024 -02 - REDLINED.PDF ORDINANCE 2024 -02.PDF Ordinance 2024 -03 Amending The St. Anthony City Code, By Amending Title XI, Section 152.188 Relating To Regulation Of The Sale And Distribution Of Cannabis Products Steve Grittman, City Planner, presenting. FINAL READING COVER MEMO.PDF ORDINANCE 2024 -03 REDLINED.PDF ORDINANCE 2024 -03.PDF Resolution 24 -047 Approving Summary Publication For Ordinance 2024 -02 Charlie Yunker, City Manager, presenting. RESOLUTION 24 -047.PDF Resolution 24 -048 Approving Summary Publication For Ordinance 2024 -03 Charlie Yunker, City Manager, presenting. RESOLUTION 24 -048.PDF 2024 Goals Update Charlie Yunker, City Manager, presenting. 2024 GOALS CHART.PDF Reports From City Manager And Council Members. Community Forum Individuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk ’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to promote a high quality of life to those we serve through outstanding city services. I.II.III.IV.V.A.Documents:VI.A.Documents:B.Documents:C.Documents: D. Documents: E. Documents: VII. VIII. A. Documents: IX. A. Documents: B. Documents: C. Documents: D. Documents: E. Documents: F. Documents: X. XI. XII. A. Documents: XIII. 2 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, July 9, 2024 at 7:00PMMembers of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Police Swearing In: Lieutenant Dokken, Sergeant Gerbino, Officer MickelsonJeff Spiess, Police Chief, presenting.POLICE LIEUTENANT OATH OF OFFICE - DOKKEN.PDFPOLICE SERGEANT OATH OF OFFICE - GERBINO.PDFPOLICE OFFICER OATH OF OFFICE - MICKELSON.PDFConsent Agenda.Approval Of CC Meeting MinutesCC 06 -25 -2024.PDFLicense And PermitsLICENSEANDPERMITS .PDFClaims07-09 -2024.PDFResolution 24 -044 Accepting Grants And Donations ReceivedRESOLUTION 24 -044.PDFResolution 24 -045 Authorizing The City Manager To Execute The Assessment Agreement Between The City Of Saint Anthony Village And Hennepin CountyCOVER MEMO.PDFJPA AGREEMENT HENNEPIN COUNTY.PDF24-0199 DETAILS (WITH TEXT).PDF24-0199 EXECUTED.PDFRESOLUTION 24 -045.PDFPublic Hearing.Reports From Commission And Staff.Resolution 24 -046 Approving A Request For A Conditional Use Permit For An Electronic Dynamic Display Sign At 2801 Kenzie Terrace In The "C', Commercial Zoning DistrictSteve Grittman, City Planner, presenting.COVER MEMO.PDFPRESENTATION.PDFAPPLICATION MATERIALS.PDFRESOLUTION 24 -046.PDFGeneral Business Of Council.2023 Finance AuditAndy Hering, Redpath CPA, presenting.PRESENTATION.PDFOrdinance 2024 -02 Amending The St. Anthony City Code By Amending Section 91 Of The City Code Relating To AnimalsSteve Grittman, City Planner, presenting.FINAL READINGCOVER MEMO.PDFORDINANCE 2024 -02 - REDLINED.PDFORDINANCE 2024 -02.PDFOrdinance 2024 -03 Amending The St. Anthony City Code, By Amending Title XI, Section 152.188 Relating To Regulation Of The Sale And Distribution Of Cannabis Products Steve Grittman, City Planner, presenting. FINAL READING COVER MEMO.PDF ORDINANCE 2024 -03 REDLINED.PDF ORDINANCE 2024 -03.PDF Resolution 24 -047 Approving Summary Publication For Ordinance 2024 -02 Charlie Yunker, City Manager, presenting. RESOLUTION 24 -047.PDF Resolution 24 -048 Approving Summary Publication For Ordinance 2024 -03 Charlie Yunker, City Manager, presenting. RESOLUTION 24 -048.PDF 2024 Goals Update Charlie Yunker, City Manager, presenting. 2024 GOALS CHART.PDF Reports From City Manager And Council Members. Community Forum Individuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk ’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda. Information And Announcements. Future Agenda Items FUTURE AGENDA ITEMS.PDF Adjournment If you would like to request special accommodations or alternative formats, please contact the City Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can contact us by using 711 Relay. Our Mission is to promote a high quality of life to those we serve through outstanding city services. I.II.III.IV.V.A.Documents:VI.A.Documents:B.Documents:C.Documents:D.Documents:E.Documents:VII.VIII.A.Documents:IX.A.Documents:B.Documents:C. Documents: D. Documents: E. Documents: F. Documents: X. XI. XII. A. Documents: XIII. 3 CITY OF SAINT ANTHONY VILLAGECITY COUNCIL MEETING AGENDATuesday, July 9, 2024 at 7:00PMMembers of the public who wish to attend the meeting may do so in person. Call To Order.Pledge Of Allegiance.Roll Call.Approval Of Agenda.Proclamations And Recognitions.Police Swearing In: Lieutenant Dokken, Sergeant Gerbino, Officer MickelsonJeff Spiess, Police Chief, presenting.POLICE LIEUTENANT OATH OF OFFICE - DOKKEN.PDFPOLICE SERGEANT OATH OF OFFICE - GERBINO.PDFPOLICE OFFICER OATH OF OFFICE - MICKELSON.PDFConsent Agenda.Approval Of CC Meeting MinutesCC 06 -25 -2024.PDFLicense And PermitsLICENSEANDPERMITS .PDFClaims07-09 -2024.PDFResolution 24 -044 Accepting Grants And Donations ReceivedRESOLUTION 24 -044.PDFResolution 24 -045 Authorizing The City Manager To Execute The Assessment Agreement Between The City Of Saint Anthony Village And Hennepin CountyCOVER MEMO.PDFJPA AGREEMENT HENNEPIN COUNTY.PDF24-0199 DETAILS (WITH TEXT).PDF24-0199 EXECUTED.PDFRESOLUTION 24 -045.PDFPublic Hearing.Reports From Commission And Staff.Resolution 24 -046 Approving A Request For A Conditional Use Permit For An Electronic Dynamic Display Sign At 2801 Kenzie Terrace In The "C', Commercial Zoning DistrictSteve Grittman, City Planner, presenting.COVER MEMO.PDFPRESENTATION.PDFAPPLICATION MATERIALS.PDFRESOLUTION 24 -046.PDFGeneral Business Of Council.2023 Finance AuditAndy Hering, Redpath CPA, presenting.PRESENTATION.PDFOrdinance 2024 -02 Amending The St. Anthony City Code By Amending Section 91 Of The City Code Relating To AnimalsSteve Grittman, City Planner, presenting.FINAL READINGCOVER MEMO.PDFORDINANCE 2024 -02 - REDLINED.PDFORDINANCE 2024 -02.PDFOrdinance 2024 -03 Amending The St. Anthony City Code, By Amending Title XI, Section 152.188 Relating To Regulation Of The Sale And Distribution Of Cannabis ProductsSteve Grittman, City Planner, presenting.FINAL READINGCOVER MEMO.PDFORDINANCE 2024 -03 REDLINED.PDFORDINANCE 2024 -03.PDFResolution 24 -047 Approving Summary Publication For Ordinance 2024 -02Charlie Yunker, City Manager, presenting.RESOLUTION 24 -047.PDFResolution 24 -048 Approving Summary Publication For Ordinance 2024 -03Charlie Yunker, City Manager, presenting.RESOLUTION 24 -048.PDF2024 Goals UpdateCharlie Yunker, City Manager, presenting.2024 GOALS CHART.PDFReports From City Manager And Council Members.Community ForumIndividuals may address the City Council about any City business item not included on the regular agenda. Speakers are requested to come to the podium, sign their name and address on the form at the podium, state their name and address for the Clerk ’s record, and limit their remarks to five minutes. Generally, the City Council will not take official action on items discussed at this time, but may typically refer the matter to staff for a future report or direct the matter to be scheduled on an upcoming agenda.Information And Announcements.Future Agenda ItemsFUTURE AGENDA ITEMS.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.Documents:VI.A.Documents:B.Documents:C.Documents:D.Documents:E.Documents:VII.VIII.A.Documents:IX.A.Documents:B.Documents:C.Documents:D.Documents:E.Documents:F.Documents:X.XI.XII.A.Documents: XIII.4 St. Anthony Police Department I, MARK DOKKEN, DO SOLEMNLY SWEAR TO HONOR AND RESPECT THE MISSION, VISION AND POLICIES OF THE CITY OF SAINT ANTHONY. I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND UPHOLD THE LAWS OF OUR STATE AND NATION. I PLEDGE TO PROMOTE THE BEST INTEREST OF THE CITY OF SAINT ANTHONY AND THE POLICE DEPARTMENT WITH HONESTY, INTEGRITY, LOYALTY AND RESPONSIBILITY. I RECOGNIZE THAT MY BADGE IS A SYMBOL OF PUBLIC FAITH AND TRUST, AND I WILL CONDUCT MYSELF IN A MANNER THAT REFLECTS POSITIVELY ON THE POLICE DEPARTMENT AND THE CITY OF ST. ANTHONY. I FURTHER AFFIRM THAT I WILL FAITHFULLY, JUSTLY AND IMPARTIALLY DISCHARGE MY DUTIES AS POLICE LIEUTENANT IN PROVIDING LEADERSHIP TO MY DEPARTMENT AND PROVIDING SERVICE TO THOSE IN OUR COMMUNITY TO THE BEST OF MY ABILITY. JULY 9, 2024 ______________________________________ MARK DOKKEN, POLICE LIEUTENENT ______________________________________ JEFFREY SPIESS, POLICE CHIEF ______________________________________ WENDY WEBSTER, MAYOR 5 St. Anthony Police Department I, JAMES GERBINO , DO SOLEMNLY SWEAR TO HONOR AND RESPECT THE MISSION, VISION AND POLICIES OF THE CITY OF SAINT ANTHONY. I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND UPHOLD THE LAWS OF OUR STATE AND NATION. I PLEDGE TO PROMOTE THE BEST INTEREST OF THE CITY OF SAINT ANTHONY AND THE POLICE DEPARTMENT WITH HONESTY, INTEGRITY, LOYALTY AND RESPONSIBILITY. I RECOGNIZE THAT MY BADGE IS A SYMBOL OF PUBLIC FAITH AND TRUST, AND I WILL CONDUCT MYSELF IN A MANNER THAT REFLECTS POSITIVELY ON THE POLICE DEPARTMENT AND THE CITY OF ST. ANTHONY. I FURTHER AFFIRM THAT I WILL FAITHFULLY, JUSTLY AND IMPARTIALLY DISCHARGE MY DUTIES AS POLICE SERGEANT IN PROVIDING LEADERSHIP TO MY DEPARTMENT AND PROVIDING SERVICE TO THOSE IN OUR COMMUNITY TO THE BEST OF MY ABILITY. JULY 9, 2024 ______________________________________ JAMES GERBINO, POLICE SERGEANT ______________________________________ JEFFREY SPIESS, POLICE CHIEF ______________________________________ WENDY WEBSTER, MAYOR 6 St. Anthony Police Department I,TONY MICKELSON ,DO SOLEMNLY SWEAR THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES,THE LAWS OF THE STATE OF MINNESOTA AND THE ORDINANCES OF THE CITY OF SAINT ANTHONY. ON MY HONOR,I WILL NEVER BETRAY MY BADGE,MY INTEGRITY,MY CHARACTER OR THE PUBLIC TRUST. I FURTHER AFFIRM THAT I WILL FAITHFULLY,JUSTLY AND IMPARTIALLY DISCHARGE MY DUTIES AS A LAW ENFORCEMENT OFFICER IN PROVIDING ASSISTANCE AND SERVICE TO ALL THAT LOOK TO ME FOR HELP TO THE BEST OF MY ABILITY . JULY 9, 2024 ______________________________________ TONY MICKELSON, POLICE OFFICER ______________________________________ WENDY WEBSTER, MAYOR ______________________________________ JEFF SPIESS, CHIEF OF POLICE 7 THIS PAGE LEFT INTENTIONALLY BLANK 8 1 CITY OF ST. ANTHONY 2 CITY COUNCIL REGULAR MEETING MINUTES 3 JUNE 25, 2024 4 5 CALL TO ORDER. 6 7 Mayor Webster called the meeting to order at 7:00 p.m. 8 9 PLEDGE OF ALLEGIANCE. 10 11 Mayor Webster invited the Council and audience to join her in the Pledge of Allegiance. 12 13 ROLL CALL. 14 15 Present: Mayor Webster, Councilmembers Doolan, Jenson, Randle, and Stephens. 16 Absent: 17 Also Present:City Manager Charlie Yunker, WSB Project Manager Katie Koscielak, and City 18 Planner Steve Grittman. 19 20 21 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING 22 ITEMS. 23 I.24 APPROVAL OF JUNE 25, 2024 CITY COUNCIL MEETING AGENDA. 25 26 Motion by Councilmember Jenson, seconded by Councilmember Stephens, to approve the City 27 Council Meeting Agenda of June 25, 2024. 28 29 Motion carried 5-0. 30 31 II. PROCLAMATIONS AND RECOGNITIONS. 32 33 County Commissioner MaryJo McGuire had a conflict and unable to attend this evening. 34 35 III. CONSENT AGENDA. 36 37 A. Approve June 11, 2024, Council meeting minutes. 38 B.Licenses and permits. 39 C.Claims. 40 41 Motion by Councilmember Doolan, seconded by Councilmember Jenson, to approve the Consent 42 Agenda items. 43 44 Motion carried 5-0. 45 46 IV. PUBLIC HEARING - NONE. 47 48 V. REPORTS FROM COMMISSION AND STAFF - NONE. 49 9 City Council Regular Meeting Minutes June 25, 2024 Page 2 1 VI. GENERAL BUSINESS OF COUNCIL. 2 A.3 Resolution 24-041 – Approving Letter of Concurrence for Watershed District Boundary 4 Change/Adjustment. 5 6 Ms. Katie Koscielak reviewed Rice Creek Watershed District (RCWD) has reached concurrence 7 with the neighboring Watershed Management Organizations (WMOs) regarding the hydrologic 8 watershed boundary within Ramsey, Hennepin and Anoka Counties and has adjusted the 9 proposed legal watershed boundary per comments received from the WMOs and Cities. A letter 10 from City Engineer Justin Messner was provided for Council consideration. Ms. Koscielak 11 reviewed a map showing the new boundary changes in detail. 12 13 The RCWD now intends to initiate the boundary change process under MS 103B.215 which 14 includes submitting a petition to the Board of Water & Soil Resources accompanied by a written 15 statement of concurrence in the petition from the governing body of each statutory or home rule 16 charter city and town and each watershed management organization having jurisdiction over the 17 territory proposed to be added or transferred. 18 19 As one of the 12 cities and WMOs affected by this proposed boundary change, the RCWD is 20 requesting St. Anthony’s written concurrence on the proposed boundary change. 21 22 Staff has reviewed the request and recommends the City consider approval of the watershed 23 boundary adjustment. The resolution of approval and draft letter of concurrence was provided for 24 Council consideration. 25 26 Councilmember Jenson asked who needs to be concerned about these changes. Ms. Koscielak 27 stated each watershed has its own rules on storm sewer and road reconstructions. 28 29 Councilmember Doolan asked if the two watersheds are comparable as far as property tax rates. 30 Mr. Yunker stated all watersheds are comparable and a change wouldn’t even be noticed. 31 32 Motion by Councilmember Doolan seconded by Councilmember Randle, to approve Resolution 33 24-041 – Approving Letter of Concurrence for Watershed District Boundary 34 Change/Adjustment. 35 36 Motion carried 5-0. 37 B.38 Resolution 24-042 – Awarding a Quote for the Highcrest Road Storm Sewer Repair. 39 40 Ms. Katie Koscielak reviewed the resolution awards the contract for the Highcrest Storm Sewer 41 Repair to the lowest quote. She showed photographs of the sinkhole that has occurred. A 42 reinforced concrete pipe will be installed. Some diseased trees need to be removed prior to the 43 project starting in the fall. 44 10 City Council Regular Meeting Minutes June 25, 2024 Page 3 1 Two quotes were received ranging from $64,215.00 - $71,730.00. The low quote received from 2 Bituminous Roadways, Inc. with a quote amount of $64,215.00 was provided for Council 3 consideration. Two quotes were received ranging from $64,215.00 - $71,730.00. 4 5 Councilmember Doolan asked if it is just Highcrest north of 37th Street. Ms. Koscielak stated it 6 should not impact the road and just the portion of pipe will be replaced. 7 8 Motion by Councilmember Randle seconded by Councilmember Jenson, to approve Resolution 9 24-042 – Awarding a Quote for the Highcrest Road Storm Sewer Repair to Bituminous 10 Roadways, Inc. for $64,215.00. 11 12 Motion carried 5-0. 13 C.14 Ordinance 2024-02 – Amending the St. Anthony City Code by Amending Section 91 of 15 the City Code Relating to Animals. 16 17 City Planner Stephen Grittman reviewed the proposed beekeeping ordinance changes are before 18 City Council for the second of three readings. At the June 11, 2024 meeting, the Council 19 forwarded the first reading with a request for additional information relating to questions around 20 whether notice of a neighboring bee-sting allergy should disqualify the application, or whether 21 such notice should merely inform the Council’s consideration of an application. The Council also 22 sought information on how other communities treat this matter (neighbor allergies), and how that 23 issue might relate to general nuisance considerations. 24 25 Staff has investigated these issues with the Code Compliance Officer who conducted the primary 26 research for the Parks and Environmental Commission’s ordinance work. The Code Officer 27 indicated that other community ordinances were reviewed in summary, and the PEC’s work 28 represents the dominant themes that arose from that review. 29 30 Proposed changes to the second reading are collected in Subsection (G) and highlighted for the 31 Council’s review. The changes create a clear disqualification for applications that elicited a 32 positive response from any abutting neighbor to the bee-sting allergy issue. The structure of the 33 ordinance would create a process as follows: a.34 Application is made to City Staff. b.35 Staff creates a notice to abutting neighbors of the application for beekeeping, including a 36 request for response to any medically-documented bee-sting allergies for current 37 residents. c.38 Neighbors are notified of the upcoming Council meeting on the application and given the 39 opportunity to respond to staff. d.40 Any responses that claim the presence of a bee-sting allergy would result in rejection of 41 the application by Staff. e.42 Staff would notify Council of the application as an agenda item, and whether the 43 application was rejected, or if it is being brought forward for Council approval. 44 45 The Council also questioned the aspects of the code related to nuisance concerns. The Code 46 Officer indicated that per the resource materials used by the PEC – including those from the 47 11 City Council Regular Meeting Minutes June 25, 2024 Page 4 1 University of Minnesota Extension – that hive maintenance requirements were a key in 2 minimizing the potential that the bees would become more aggressive. Those aspects of 3 maintenance are built into the Code language in that regard. 4 5 The Council also asked about the longer-term impact of the allergy issue, and the effect on an 6 approved beekeeper when new allergic neighbors move nearby. The language of the proposed 7 ordinance creates a requirement for approved beekeeping locations and makes it clear that new 8 neighbors moving to the area would not result in termination of a prior approval. 9 10 As discussed by the Planning Commission, while beekeeping can create a heightened level of 11 concern, proof issues would exist for an allergic neighbor who wished to make a nuisance claim. 12 To help address this concern, the PEC structured its original recommendation to require that bee- 13 sting allergies result in automatic rejection to avoid creating that concern for susceptible 14 residents. This is in line with the idea that beekeeping, while it has certain specific benefits, is 15 not an intrinsically residential use of property, and that potential beekeepers are subject to the 16 discretion of the City when seeking to pursue this activity. 17 18 Apart from this change the proposed Ordinance amendment has been generated by the Parks and 19 Environmental Commission to allow beekeeping in St. Anthony. If adopted, beekeeping would 20 be allowed upon approval of the City Council as a waiver from what is currently a prohibition on 21 “farm animals”. The approval would be subject to a set of regulations that are designed to ensure 22 that applicants are thoroughly trained to responsibly keep and maintain bees on their residential 23 property. 24 25 For bees, the waiver process would still exist, however, extensive requirements for bees are 26 proposed. Beekeeping operations can be difficult for potential beekeepers to successfully and 27 safely implement in residential environments, and the requirements in the attached ordinance are 28 intended to address those issues. 29 30 Staff recommends the Council approve second reading of the Ordinance, based on the 31 modifications made to the initial version. If approved, a formal ordinance amendment will be 32 prepared for subsequent readings in anticipation of final adoption. 33 34 Councilmember Jenson stated he agrees with how the requirements were listed for beekeeping. 35 36 Motion by Councilmember Doolan seconded by Councilmember Stephens, to approve Second 37 Reading of Ordinance 2024-02 – Amending the St. Anthony City Code by Amending Section 91 38 of the City Code Relating to Animals. 39 40 Motion carried 5-0. 41 D.42 Ordinance 2024-03 – Amending the St. Anthony City Code, by Amending Title XI, 43 Section 152.188 Relating to Regulation of the Sale and Distribution of Cannabis 44 Products. 45 12 City Council Regular Meeting Minutes June 25, 2024 Page 5 1 City Planner Grittman reviewed the City Council considered the first reading of amendments to 2 the Zoning Ordinance related to cannabis retailing at its regular meeting on June 11, 2024. The 3 Council discussed aspects of the proposed ordinance, with two suggested additions to the 4 language. First was the inclusion of residential substance abuse treatment centers to the list of 5 land uses that would be included in the separation buffers being created by the Code. The second 6 was to increase the proposed separation buffer for childcare centers to 300 feet, from the 7 Planning Commission’s recommendation of 100 feet. The proposed ordinance includes those 8 changes. The language of the code recommends that the separation from treatment centers to be 9 listed as “licensed” centers by the State of Minnesota. The City can research properly licensed 10 facilities and make an informed judgment about distance and registration. There are some 11 “treatment” facilities that operate as “sober houses” or other similar unlicensed programming 12 which would not be trackable. Staff has inserted a 300 foot separation buffer for these uses in the 13 proposed language. 14 15 Staff requests that the City Council consider the second reading of the attached Ordinance 2024- 16 03. Staff continues to recommend that the moratorium ordinance enacted last August continue in 17 force as further materials are generated by the State of Minnesota over the next several months. 18 19 Mr. Grittman noted the Planning Commission will be asked to further discuss the separation 20 distance aspects of the potential regulations and raise other issues as they may impact a final 21 ordinance adoption. With these comments, and if the proposed Ordinance amendments reflect 22 those discussions, forwarding the zoning amendment to the City Council would be in order. If 23 the Planning Commission agrees, staff recommends approval of a draft zoning regulation that 24 creates the separation distances for schools (1,000 feet), parks (500 feet – specifically for Central 25 Park, Emerald Park, Silver Point Park, Trillium Park, and Water Tower Park), and either a 26 specific distance or an “abutting property” separation for childcare facilities. 27 28 Mr. Grittman provided for Council consideration the State Law – Local Control, Map of 29 Separation Distance Impacts and the Draft Ordinance Amendment. The Office of Cannabis 30 Management is already sending out information to Cities. 31 32 Councilmember Randle stated there is a group that is being left out – senior facilities. Mr. 33 Grittman stated the State does not give St. Anthony authority to create a buffer zone for senior 34 facilities. 35 36 Mayor Webster stated the distance the City agrees to for a buffer can be greater than what the 37 State determines. 38 39 Councilmember Doolan asked what the definition of schools is for this resolution. Mr. Grittman 40 stated it would cover all state-licensed schools. More guidance on home-schooling and family 41 daycares should be coming from the State. Councilmember Doolan asked if a license has been 42 granted and something moves next door to it, would the license that was issued take precedence. 43 Mr. Grittman stated that is correct and is a general operation of law. 44 13 City Council Regular Meeting Minutes June 25, 2024 Page 6 1 Motion by Councilmember Jenson seconded by Councilmember Doolan, to approve Second 2 Reading of Ordinance 2024-03 – Amending the St. Anthony City Code, by Amending Title XI, 3 Section 152.188 Relating to Regulation of the Sale and Distribution of Cannabis Products. 4 5 Motion carried 4-1 (Randle). 6 E.7 Resolution 24-043 – Approving Amendments to Doran Planned Unit Development 8 Agreement and Ancillary Documents Related to Doran’s Contract for Private 9 Development. 10 11 City Manager Yunker reviewed Doran representatives reached out to staff to request approval of 12 these documents in order to secure their financing for Phase II of The Ruby at 3750 Silver Lake 13 Rd NE in St. Anthony. This is a timely request for Doran, as they need these documents executed 14 so they can secure their financing that is scheduled a few days subsequent to this meeting. 15 16 The City worked to respond and provide the needed City & HRA approvals by their needed 17 deadline, and the requested documents were reviewed by Stacie Kvilvang of Ehlers and her 18 team, City Planner Grittman and City Attorney Lindgren and his team. All reviewed their 19 respective documents as appropriate and recommend approval. 20 21 Mr. Yunker provided the City Attorney’s Summary Memo, First Amendment to Planned Unit 22 Development Agreement, Amended Subordination of Development Agreement, Memorandum 23 of Unrecorded Agreements and Resolution 24-043. 24 25 Councilmember Doolan asked about the schedule and is there a proposed start and completion 26 date? Mr. Yunker stated an extension of the dates was approved. They have already committed 27 to those dates. The original TIF was for site preparation and clean-up. Councilmember Doolan 28 asked if the remediation has been done and Mr. Yunker stated it has been after the WalMart 29 building was torn down and new construction was started. 30 31 Mayor Webster stated Doran came back for timeline extension due to higher interest rates. In 32 Phase I part of their challenge was supply chain issues. 33 34 Motion by Councilmember Doolan seconded by Councilmember Jenson, to approve Resolution 35 24-043 – Approving Amendments to Doran Planned Unit Development Agreement and 36 Ancillary Documents Related to Doran’s Contract for Private Development. 37 38 Motion carried 5-0. 39 40 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS. 41 42 City Manager Yunker had no report. 43 44 Councilmember Randle had no report. 45 46 Councilmember Doolan had no report. 14 City Council Regular Meeting Minutes June 25, 2024 Page 7 1 2 Councilmember Jenson stated on June 14, he attended the Ramsey County Local League of 3 Governments Legislative Session. He also attended the Board of Directors Meeting. On June 25, 4 2024 he attended the Climate Action Work Committee Meeting. 5 6 Councilmember Stephens stated on June 20 she attended Rep Omar’s Town Hall Meeting. 7 8 Mayor Webster stated on June 12 she met with Pastor Jeff at Faith United Methodist Church. 9 She also worked with Councilmember Jenson on a document regarding the possible policing 10 partnership with Falcon Heights. On June 13 she met with Councilmember Jenson again and on 11 June 25. On June 22 she attended the Mounds View Juneteenth Celebration. The 2023 12 population of St. Anthony was 9,839 people between Hennepin and Ramsey Counties. She 13 thanked City Staff for answering residents’ questions about drinking water in St. Anthony. 14 15 VIII. COMMUNITY FORUM. 16 17 Mr. Cody Holliday, 3528 Skycroft Drive, stated he was the lone no-vote on the beekeeping 18 ordinance. There is a 3 mile radius for bee feeding. He is opposed to the change and made some 19 recommendations such as a sign on the property that a beehive is present. He asked if the allergy 20 concerns pertain to commercial business employees and visitors to the business. He lives near 21 the Central Park pavilion. He has been told by neighbors there has been an increase in amplified 22 noise in the park. The sound is being amplified outside the park boundaries. He cited the current 23 Ordinance and noted the peace and quiet of those nearby is being affected and neighbors should 24 not be disturbed on an ongoing basis. This weekend was very bad and the type of music being 25 played was disturbing including racial slurs. His neighbor at 3524 Skycroft Drive shared her 26 concerns with Mr. Holliday. He is requesting the Council amend the Ordinance that would 27 address this amplified sound. He emailed to the Council the Minneapolis Ordinance for 28 consideration. 29 30 IX. INFORMATION AND ANNOUNCEMENTS - NONE. 31 32 X. ADJOURNMENT. 33 34 Motion by Councilmember Jenson, seconded by Councilmember Stephens, to adjourn the 35 meeting at 7:55 p.m. 36 37 Motion carried 5-0. 38 39 Respectfully submitted, 40 Debbie Wolfe 41 TimeSaver Off Site Secretarial, Inc. 42 43 Mayor 44 ATTEST: 45 City Clerk 46 15 THIS PAGE LEFT INTENTIONALLY BLANK 16 Saint Anthony Village DATE: July 9, 2024 Approved: TO: Mayor and Councilmembers FROM: License Clerk ITEM: License and Permits for Approval: General Contractors License Midland Heating HVAC, Minneapolis, MN Mechanical Contractors License Standard Heating & Air Conditioning Inc., Minneapolis, MN Residential Rental Licenses: Applicant:Mutombo Muvundamina Location:2601 Kenzie Terrace NE #229 Location:2601 Kenzie Terrace NE #308 Applicant:Mounir Najm Location:3112 Armour Terrace Applicant:Linda Benzinger Location:2601 Kenzie Terrace NE #206 Applicant:Mathew & Hannah Williams Location:3636 Edward St. NE Applicant:Migs Holdings LLC Location:2700/2702 37th Ave NE Applicant:MN2501 UG LLC Location:2501 Lowry Ave. NE #101 Location:2501 Lowry Ave. NE #102 Location:2501 Lowry Ave. NE #104 Location:2501 Lowry Ave. NE #107 Location:2501 Lowry Ave. NE #109 Location:2501 Lowry Ave. NE #111 Location:2501 Lowry Ave. NE #116 Location:2501 Lowry Ave. NE #117 Location:2501 Lowry Ave. NE #120 Applicant:Mohamed Bibas Location:4014 Foss Rd NE #208 17 Applicant: Nativity Lutheran Church Location: 2921 33rd Ave NE Location: 3329 Belden Dr. NE Location: 3331 Belden Dr. NE Location: 3335 Belden Dr. NE Commercial Rental Licenses Applicant: Doran St. Anthony LLC (The Ruby) Location: 3760 Silver Lake Rd. NE Special Event Beer Permit Applicant: Joseph Couillard/Mary-Clare Address: 3210 NE Benjamin St. (Works for School District) Location: Emerald Park 18 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 1 Check Issue Dates: 6/21/2024 - 7/9/2024 Jul 05, 2024 08:54AM Vendor Number Payee Check Issue Date Amount 11798 CENTRAL PENSION FUND LOCAL #49 06/21/2024 3,840.00 10710 MISSION SQUARE 06/21/2024 1,140.00 11813 NCPERS GROUP LIFE INSURANCE 06/21/2024 32.00 11808 SAPD ASSOCIATION 06/21/2024 650.00 2048 4815 EXCELSIOR LLC 07/09/2024 1,080.00 1118 56 BREWING 07/09/2024 508.00 13061 ADVANTAGE SIGNS & GRAPHICS INC 07/09/2024 131.12 1122 AM CRAFTS SPIRITS 07/09/2024 451.90 10078 AMERICAN WATER WORKS ASSN 07/09/2024 240.00 1100 ARTISIAN BEER COMPANY 07/09/2024 16,631.95 12881 BEAUDRY OIL & PROPANE 07/09/2024 7,828.65 1013 BELLBOY CORPORATION 07/09/2024 5,906.45 1014 BELLBOY CORPORATION 07/09/2024 600.25 1018 BREAKTHRU BEVERAGE MN BEER 07/09/2024 48,207.60 1011 BREAKTHRU BEVERAGE MN WINE & SPIRITS 07/09/2024 8,724.36 1009 BREAKTHRU BEVERAGE MN WINE & SPIRITS 07/09/2024 1,567.55 2014 BROKEN CLOCK BREWING 07/09/2024 553.67 1017 CAPITOL BEVERAGE SALES 07/09/2024 25,305.70 12596 CINTAS CORPORATION 07/09/2024 2,260.04 10307 CIVIC SYSTEMS, LLC 07/09/2024 10,114.00 13384 CLAUSEN, VONNE 07/09/2024 114.00 1010 CLEAR RIVER BEVERAGE COMPANY 07/09/2024 1,129.00 10332 COMPTON'S COMMERCIAL CLNG. INC 07/09/2024 3,578.00 1042 CRYSTAL SPRINGS ICE 07/09/2024 875.52 12773 CUMMINS SALES & SERVICE 07/09/2024 12,086.70 10373 DAILEY DATA & ASSOCIATES 07/09/2024 67.50 2049 Dangerous Man Brewing Co.07/09/2024 1,003.00 13351 DEAN'S HOME SERVICES 07/09/2024 2,000.00 1063 DOMACE VINO 07/09/2024 183.00 13183 DULUTH TIRE-CUSTOM CAP & TIRE - PRO TIRE 07/09/2024 948.00 13372 DUSK SYSTEMS LLC 07/09/2024 2,995.12 10468 ELECTRO WATCHMAN INC 07/09/2024 1,016.90 2036 FALLING KNIFE BREWING CO 07/09/2024 1,669.00 10508 FERGUSON WATERWORKS 07/09/2024 8.94 13386 FLAGSHIP RECREATION 07/09/2024 59.00 13177 FRA-DOR INC 07/09/2024 66.00 11866 GALLS 07/09/2024 761.13 13383 GILBERTSON, JEAN 07/09/2024 37.15 10573 GOODIN COMPANY 07/09/2024 534.65 1021 GREAT LAKES COCA COLA 07/09/2024 808.95 13264 GRITTMAN CONSULTING LLC 07/09/2024 9,544.00 10624 HAWKINS INC 07/09/2024 30.00 2024 HEADFLYER BREWING 07/09/2024 1,457.83 10657 HENNEPIN COUNTY TREASURER 07/09/2024 82,000.00 10668 HENRICKSEN PSG 07/09/2024 341.18 1019 HOHENSTEIN'S INC 07/09/2024 8,251.80 1019 HOHENSTEIN'S INC 07/09/2024 9,957.60 11547 INFOBUREAU SERVICES INC 07/09/2024 45.00 2044 INSIGHT BREWING COMPANY 07/09/2024 2,889.79 1004 JOHNSON BROTHERS LIQUOR COMPANY 07/09/2024 6,418.83 1005 JOHNSON BROTHERS LIQUOR COMPANY 07/09/2024 3,664.81 1006 JOHNSON BROTHERS LIQUOR COMPANY 07/09/2024 26,648.21 1044 JOHNSON BROTHERS LIQUOR COMPANY 07/09/2024 6,953.83 19 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 2 Check Issue Dates: 6/21/2024 - 7/9/2024 Jul 05, 2024 08:54AM Vendor Number Payee Check Issue Date Amount 10790 KILLMER ELECTRIC COMPANY, INC.07/09/2024 14,253.00 2028 LADONA CERVECERIA 07/09/2024 234.00 2045 LIBATION PROJECT 07/09/2024 496.04 2010 LUPULIN BREWING 07/09/2024 1,391.43 13255 MARTIN MARIETTA MATERIALS INC 07/09/2024 247.16 13385 MATHEWS, MARY ANNE 07/09/2024 37.84 10916 MENARDS LUMBER 07/09/2024 43.91 13241 METRO INET 07/09/2024 21,418.00 10931 METROPOLITAN COUNCIL WASTEWATER 07/09/2024 68,558.63 10937 MIDC ENTERPRISES 07/09/2024 30.89 13387 Midstate Landscaping & Excavating, LLC 07/09/2024 2,000.00 13388 MIDWEST ELECTRIC & GENERATOR 07/09/2024 50.00 2005 MILK AND HONEY CIDERS 07/09/2024 300.00 12940 MINNEHAHA BLDG MAINTENANCE 07/09/2024 76.95 10994 MINNESOTA OCCUPATIONAL HEALTH 07/09/2024 89.00 2006 MODIST BREWING COMPANY 07/09/2024 819.00 11085 MURPHY'S SERVICE CENTER 07/09/2024 19.36 1051 NEW FRANCE WINE COMPANY 07/09/2024 864.00 2052 NOTHING BUT HEMP LLC 07/09/2024 235.00 12779 OPTION ONE MECHANICAL LLC 07/09/2024 2,018.00 11185 PACE ANALYTICAL SERVICES INC.07/09/2024 326.00 1012 PAUSTIS & SONS 07/09/2024 975.75 1001 PHILLIPS WINE & SPIRITS 07/09/2024 5,844.85 1002 PHILLIPS WINE & SPIRITS 07/09/2024 10,940.59 2019 PRYES BREWING COMPANY 07/09/2024 769.00 12918 QUADIENT LEASING USA INC 07/09/2024 474.42 12482 QUALITY SIGNS & ENGRAVING 07/09/2024 31.00 1062 RED BULL DISTRIBUTION COMPANY 07/09/2024 493.14 13218 REPOWERED 07/09/2024 1,001.15 2047 RUE 38 LLC 07/09/2024 116.50 13240 SITEONE LANDSCAPE SUPPLY LLC 07/09/2024 325.74 2018 SMALL LOT WINES 07/09/2024 293.00 2051 SOCIABLE CIDER WERKS 07/09/2024 138.00 1024 SOUTHERN GLAZER'S OF MN 07/09/2024 4,065.63 1008 SOUTHERN GLAZER'S OF MN 07/09/2024 3,454.80 1026 SOUTHERN GLAZER'S OF MN 07/09/2024 14,694.25 1036 SOUTHERN GLAZER'S OF MN 07/09/2024 129.28 11478 STAR TRIBUNE 07/09/2024 178.54 2001 STEEL TOE BREWING 07/09/2024 241.00 11994 STERICYCLE INC 07/09/2024 49.49 13178 STEVEN P CARLSON, ATTORNEY AT LAW PLLC 07/09/2024 5,000.00 13381 SUPERIOR SAND AND GRAVEL, INC.07/09/2024 25.00 12920 SVAP III SILVER LAKE VILLAGE LLC 07/09/2024 5,268.80 11559 THOMPSON ASSOCIATES 07/09/2024 550.00 11566 TIMESAVER OFF SITE SECRETARIAL 07/09/2024 376.50 11568 TITAN MACHINERY 07/09/2024 140.95 11586 TRACY PRINTING 07/09/2024 4,886.00 1098 TRADITION WINE & SPIRITS 07/09/2024 346.00 11595 TRI STATE BOBCAT, INC.07/09/2024 68.97 13046 TWIN CONSTRUCTION LLC 07/09/2024 500.00 2007 URBAN GROWLER 07/09/2024 296.50 12163 VAN PAPER COMPANY 07/09/2024 94.55 2023 VENN BREWING CO 07/09/2024 528.00 20 City of St Anthony Village CITY OF ST ANTHONY CHECK REGISTER Page: 3 Check Issue Dates: 6/21/2024 - 7/9/2024 Jul 05, 2024 08:54AM Vendor Number Payee Check Issue Date Amount 11674 VERIZON WIRELESS 07/09/2024 2,864.23 11682 VIKING INDUSTRIAL CENTER 07/09/2024 68.56 1025 VINOCOPIA 07/09/2024 1,665.50 11933 WIMACTEL INC 07/09/2024 75.00 1034 WINE COMPANY THE 07/09/2024 1,598.00 1038 WINE MERCHANTS INC 07/09/2024 2,685.20 1032 WINEBOW 07/09/2024 319.50 2022 WOODEN HILLS BREWERING 07/09/2024 262.80 11740 XCEL ENERGY 07/09/2024 5,349.46 Grand Totals: 514,611.54 21 THIS PAGE LEFT INTENTIONALLY BLANK 22 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 24-044 A RESOLUTION ACCEPTING GRANTS AND DONATIONS RECEIVED WHEREAS,the City of St. Anthony is required to accept all grants and donations by resolution; and WHEREAS, the City of St. Anthony has received the following grants and donations in the 2nd quarter of 2024: State Grants- Petrol Fund $ 10,620.32 TZD 2nd Quarter $ 12,266.30 Health Tree Canopy Grant $ 21,030.00 Kiwanis Club $ 500.00 Total $ 44,416.62 NOW, THEREFORE BE IT RESOLVED that the City Council of the City of St. Anthony Village hereby accepts the grants and donations as received in the 2nd quarter of 2024. Adopted this 9th day of July, 2024. _________________________________________ Wendy Webster, Mayor ATTEST:___________________________ Jennifer Doyle, City Clerk Review for Administration: _______________________________________ Charlie Yunker, City Manager 23 THIS PAGE LEFT INTENTIONALLY BLANK 24 MEMORANDUM To:Saint Anthony Village City Council From:Charlie Yunker, City Manager Date:July 9, 2024 City Council Meeting Resolution:Approval of Resolution 24-045 – Authorizing the City Manager to Execute the Assessment Agreement between the City of St. Anthony and Hennepin County OVERVIEW The City of St. Anthony has contracted services with Hennepin County for assessing services for the Hennepin County portion of the city. The current contract with Hennepin County expires on July 31, 2024. The Board of Hennepin County Commissioners has made the decision to levy directly with jurisdictions under 30,000 population for assessment services rather than through invoicing for services through the local levy. The agreement will also be perpetual unless terminated by either party. City staff will eliminate the cost for assessment services with Hennepin County from the City budget to reflect the shift of taxpayer burden from the City tax levy to the County levy. STAFF RECOMMENDATION Staff recommends approval. ATTACHMENTS: Joint Powers Agreement for Assessment Services Hennepin County Board Action background information Resolution 24-045 25 2 JOINT POWERS AGREEMENT FOR ASSESSMENT SERVICES THIS JOINT POWERS AGREEMENT (“Agreement”) is made and entered into by and between the County of Hennepin, a body politic and corporate under the laws of the State of Minnesota (the “County”), and Saint Anthony (the “City”). RECITALS 1.WHEREAS, Pursuant to Minn. Stat. § 471.59, subdivision 1, the parties to this Agreement agree to exercise certain powers on behalf of the other or to cooperate with respect to their powers, to the extent and according to the terms provided herein; 2.WHEREAS, Minnesota Statutes Section 273.072 authorizes the County and any city or town lying wholly or partially within the County of Hennepin and constituting a separate assessment district to enter into an agreement, pursuant to Minnesota Statutes Section 471.59, for the provision of assessment services in the city or town by the county assessor; 3.WHEREAS, the City lies wholly or partially within the County of Hennepin and constitutes a separate assessment district; 4.WHEREAS, the City desires the County to perform property tax assessments on behalf of the City; 5.WHEREAS, the City is willing to share all information, records, data, reports, etc., necessary to allow the County to carry out its responsibilities under this agreement; 6.WHEREAS, the County is willing to cooperate with the City by completing property tax assessments in a proper manner; and NOW, THEREFORE, for mutual consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties agree as follows: AGREEMENT 1.Recitals. The foregoing recitals are incorporated in this Agreement. 2.Purpose. This Agreement describes the duties and responsibilities of each of the parties related to the provision of assessment services to the City by the County. 3.Indefinite Term. This Agreement shall become effective on the Effective Date and shall, unless otherwise terminated in accordance with the provisions hereof, continue in effect for an indefinite term of years. 4.Termination. This Agreement may be terminated by either party, with or without cause, upon ninety (90) days’ written notice. 26 3 5. County Responsibilities. 5.1 The County shall perform property assessments for the City in accordance with property assessment procedures and practices established and observed by the County, the validity and reasonableness of which are hereby acknowledged and approved by the City. Any such practices and procedures may be changed from time to time, by the County in its sole judgment, when good and efficient assessment procedures so require. Property assessments by the County shall be composed of those assessment services pursuant to Minnesota Law. 6.City Responsibilities: 6.1 The City shall provide to the County, at no cost, all information, records, data, reports, etc., necessary to allow the County to carry out its responsibilities hereunder, and the City agrees to cooperate in good faith with the County in carrying out the work under this Agreement. 6.2 The City shall provide to the County, at no cost, office space, office furniture, and personnel required by the County, as specifically set forth in Exhibit A, attached hereto and made a part hereof by this reference. 7.Non-Discrimination. In accordance with Hennepin County Affirmative Action Policy and the County Commissioners' policies against discrimination, no person shall be excluded from full employment rights or participation in or the benefits of any program, service or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, ex-offender status or national origin; and no person who is protected by applicable Federal or State laws, rules and regulations against discrimination shall be otherwise subjected to discrimination. 8.Independent Contractor. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of joint venturers or co-partners between the parties hereto or as constituting the City as the agent, representative or employee of the City for any purpose or in any manner whatsoever. Any and all personnel of City or other persons, while engaged in the performance of any activity under this Agreement, shall have no contractual relationship with the County and shall not be considered employees of the County and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the City, its officers, agents, City or employees shall in no way be the responsibility of the County, and City shall defend, indemnify and hold the County, its officials, officers, agents, employees and duly authorized volunteers harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the County, including, without limitation, tenure 27 4 rights, medical and hospital care, sick and vacation leave, Workers' Compensation, Re- employment Compensation, disability, severance pay and retirement benefits. 9.Indemnification. 9.1 City: The City agrees that it will defend, indemnify and hold the County, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all liability (statutory or otherwise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney’s fees, witness fees and disbursements incurred in the defense thereof) resulting from or caused by the negligent or intentional acts or omissions of the City, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities provided by this Agreement. The City’s liability shall be governed by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, including common law. 9.2 County: The County agrees that it will defend, indemnify and hold the City, its elected officials, officers, agents, employees and duly authorized volunteers harmless from any and all liability (statutory or otherwise) claims, suits, damages, judgments, interest, costs or expenses (including reasonable attorney’s fees, witness fees and disbursements incurred in the defense thereof) resulting from or caused by the negligent or intentional acts or omissions of the County, its officers, agents, contractors, employees or duly authorized volunteers in the performance of the responsibilities provided by this Agreement. The County’s liability shall be governed by Minn. Stat. Chapter 466 and other applicable law, rule and regulation, including common law. 10.Limitation of Liability. The County shall endeavor to perform all services called for herein in an efficient manner. The sole and exclusive remedy for any breach of this Agreement by the County and for County’s liability of any kind whatsoever, including but not limited to liability arising out of, resulting from or in any manner related to contract, tort, warranty, statute or otherwise, shall be limited to correcting diligently any deficiency in said services as is reasonably possible under the pertinent circumstances. 11.Dispute Resolution. The parties will use a dispute resolution process for any unresolved dispute between the parties before exercising any legal remedies. The dispute resolution process is a three-level dispute resolution ladder that escalates a dispute from the project management level through the executive management level. At each level of the dispute resolution process, the parties’ representatives will meet and explore resolution until either party determines that effective resolution is not possible at the current level and notifies the other party that the process is elevated to the next level. The parties designate the following dispute resolution representatives: County Assessor, Assistant County Administrator Resident Services, County Administrator. The parties will complete the dispute resolution process in good faith before resorting to any other legal process or remedy. 28 5 12.Force Majeure. If a force majeure event occurs, neither party is responsible for a failure to perform or a delay in performance due to the force majeure event. A force majeure event is an event beyond a party’s reasonable control, such as unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. 13.Records. All records kept by the County and Council with respect to the Combined Project are subject to examination by representatives of each party. All data collected, created, received, maintained or disseminated for any purpose by the County and Council under this Agreement are governed by Minnesota Statutes, Chapter 13 (“Act”), and the Minnesota Rules implementing the Act. 14.Audit. Under Minnesota Statutes, Section 16C.05, subdivision 5, the parties agree that the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by either party and the state auditor or legislative auditor, as appropriate, for at least six years from the end of this Agreement. 15.Notice. Any notice or demand, which may or must be given or made by a party hereto, under the terms of this Agreement or any statute or ordinance, shall be in writing and shall be sent registered or certified mail to the other party addressed as follows: TO CITY:City Manager City of St. Anthony Village 3301 Silver Lake Road St. Anthony, MN 55418 TO COUNTY:Hennepin County Administrator 2300A Government Center Minneapolis, MN 55487 copies to:County Assessor Hennepin County 2103A Government Center Minneapolis, MN 55487 Any party may designate a different addressee or address at any time by giving written notice thereof as above provided. Any notice, if mailed, properly addressed, postage prepaid, registered or certified mail, shall be deemed dispatched on the registered date or that stamped on the certified mail receipt and shall be deemed received within the second business day thereafter or when it is actually received, whichever is sooner. Any notice delivered by hand shall be deemed received upon actual delivery. 16.Amendment. Any modifications to this Agreement will be in writing as a formal amendment. 29 6 17.Entire Agreement. This Agreement is the entire agreement between the parties and supersedes all oral agreements and negotiations between the parties relating to this Agreement. All exhibits and attachments to this Agreement are incorporated into the Agreement. If there is a conflict between the terms of this Agreement and any of the exhibits the Agreement governs. 18.Severability. The provisions of this Agreement are severable. If a court finds any part of this Agreement void, invalid, or unenforceable, it will not affect the validity and enforceability of the remainder of this Agreement. A waiver by a party of any part of this Agreement is not a waiver of any other part of the Agreement or of a future breach of the Agreement. 19.Counterparts. This Agreement may be executed in multiple counterparts, all of which when taken together shall compromise one agreement. Delivery of an executed counterpart of a signature page of this Agreement by facsimile transmission or electronic transmission (e.g., ‘pdf’ or ‘tif’) shall be effective as delivery of a manually executed counterpart of this Agreement. 20.Effective Date. This Agreement will be effective when all parties have signed it. The date of this Agreement will be the date this Agreement is signed by the last party to sign it (as indicated by the date associated with that party’s signature). Each party is signing this Agreement on the date stated below that party’s signature. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 30 7 COUNTY BOARD AUTHORIZATION Reviewed by the County Attorney’s COUNTY OF HENNEPIN Office STATE OF MINNESOTA ______________________________ By: ______________________________________ Assistant County Attorney Chair of Its County Board Date: ________________________ ATTEST:______________________________ ___ Deputy/Clerk of County Board Date:_____________________________________ By: ______________________________________ County Administrator Date:_____________________________________ By: ______________________________________ Assistant County Administrator - Residential Services Date: _____________________________________ Recommended for Approval By: _______________________________ County Assessor/Director, County Assessor Department 31 8 CITY OF ST. ANTHONY VILLAGE By: Its: By: Its: 32 9 EXHIBIT A (Assessment Services – City of Saint Anthony) During the contract term, the City shall: 1.The CITY agrees to furnish, without charge, secured office space as needed by the COUNTY at appropriate places in the CITY's offices. Such office space shall be sufficient in size to accommodate reasonably one (1) appraiser and any furniture placed therein. The office space shall be available for the COUNTY's use upon request during typical business hours, and during all such hours the COUNTY shall be provided with levels of heat, air conditioning and ventilation as are appropriate for the seasons. 33 300 South Sixth Street Minneapolis, MN 55487-0240 Hennepin County, Minnesota Legislation Details (With Text) File #: Version:124-0199 Status:Type:Resolution Approved File created:In control:4/26/2024 Board of Hennepin County Commissioners On agenda:Final action:4/30/2024 5/14/2024 Title:Joint Powers Agreements with the several jurisdictions for assessment services to be performed by Hennepin County Sponsors: Indexes: Code sections: Attachments:1. RESOLUTION Action ByDate Action ResultVer. Board of Hennepin County Commissioners 5/14/2024 1 Resident Services Committee5/7/2024 1 Item Description: Joint Powers Agreements with the several jurisdictions for assessment services to be performed by Hennepin County Resolution: BE IT RESOLVED,that the County Administrator is directed to negotiate joint powers agreements with jurisdictions within Hennepin County with populations under 30,000 and jurisdictions currently under agreement with the county for local assessment services to be performed by the Hennepin County Assessor at no cost to these jurisdictions. Background: For more than 50 years, Hennepin County has been contracting with cities to provide local assessing services. These contracts have required cities to pay the county to perform this local assessor work. The first joint powers agreement between a city and the county began in 1972. Hennepin County has had a long-term strategy of contracting with cities to perform local assessing to ensure accuracy, efficiency, and equitability across all jurisdictions. Over the past several years, Hennepin County has significantly increased the number of cities with whom it contracts for assessing services. Currently, 34 of 45 cities contract with the county either wholly or partially for these functions, with 33 of the contracts expiring on July 31, 2024. In addition, the county is statutorily responsible for the assessments of the Minneapolis/St. Paul Airport and Fort Snelling. These 34 cities collectively pay the county approximately $5.1 million in 2024 for these services. This resolution directs the county to offer a joint powers agreement for local assessing services to cities with populations of 30,000 or less and those currently under current contract with the county at no cost to these cities beginning with the 2025 assessment. By the county providing this service at no cost to these cities, this will reduce the city property tax levy obligations for these cities by $5.1 million collectively. The county assessor’s 2025 budget will reflect an increase of $5.1 million from the county property tax levy to offset this loss of contract revenue. Hennepin County, Minnesota Printed on 5/20/2024Page 1 of 2 powered by Legistar™ 34 File #:24-0199,Version:1 State law authorizes counties to perform these local assessor obligations in cities with a population less than 30,000 at county cost, Minn. Stat. §§ 273.052 and 273.053; and authorizes counties to contract with cities to perform these obligations if these cities choose to contract with the county. Minn. Stat. §273.072. The joint powers agreements will be perpetual agreements and highlight the services and responsibilities to be provided by the county assessor as required by law. These joint powers agreements will come forward in a separate board action request later this year. Recommendation from County Administrator: Recommend Approval Hennepin County, Minnesota Printed on 5/20/2024Page 2 of 2 powered by Legistar™ 35 300 South Sixth Street Minneapolis, MN 55487-0240 RESOLUTION Board of Hennepin County Commissioners RESOLUTION: 24-0199 At a meeting of the Board of Hennepin County Commissioners on 5/14/2024, a motion was made by Marion Greene, seconded by Kevin Anderson, that this Resolution be adopt. The motion passed. BE IT RESOLVED, that the County Administrator is directed to negotiate joint powers agreements with jurisdictions within Hennepin County with populations under 30,000 and jurisdictions currently under agreement with the county for local assessment services to be performed by the Hennepin County Assessor at no cost to these jurisdictions. RESOLUTION ADOPTED ON 5/14/2024 The question was on the adoption of the resolution with the votes as follows: Aye:6 Commissioner Fernando, Commissioner Greene, Commissioner Lunde, Commissioner Conley, Commissioner Goettel, and Commissioner Anderson Maria Rose Maria Rose Page 1 Printed on 5/15/24 Hennepin County, Minnesota 36 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 24-045 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE ASSESSMENT AGREEMENT BETWEEN THE CITY OF SAINT ANTHONY VILLAGE AND HENNEPIN COUNTY WHEREAS, The City of St. Anthony has contracted services with Hennepin County for assessing services for the Hennepin County portion of the city. The current contract with Hennepin County expires on July 31, 2024; and WHEREAS, at a meeting on 5/14/2024of the Board of Hennepin County Commissioners, a Resolution as adopted directing the County Administrator to negotiate joint powers agreements with jurisdictions within Hennepin County with populations under 30,000 and jurisdictions currently under agreement with the county for local assessment services to be performed by the Hennepin County Assessor at no cost to these jurisdictions; and WHEREAS, staff finds the agreement in the best interest of the City; and NOW THEREFORE BE IT RESOLVED, that the City of St. Anthony Village City Council authorizes the City Manager to execute said Agreement. Adopted this 9th day of July, 2024. ________________________________ Wendy Webster, Mayor ATTEST: ________________________________ Jennifer Doyle, City Clerk Reviewed for administration: ___________________________________ Charlie Yunker, City Manager 37 THIS PAGE LEFT INTENTIONALLY BLANK 38 MEMORANDUM To:Mayor Webster and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:City Council Meeting of July 9, 2024 GC File No:140-01 – 24.04 Request:Request for a Conditional Use Permit for an electronic (digital display) sign for Boulevard Autoworks at 2801 Kenzie Terrace BACKGROUND AND STAFF/PLANNING COMMISSION RECOMMENDATION The applicant is proposing to replace an existing freestanding sign with a ground/monument sign with an electronic message display located at 2801 Kenzie Terrace. The ground sign would be located along the area of the parcel adjacent to Kenzie Terrace in the location of the current sign. Because a portion of the sign will include an electronic digital display, the sign requires a Conditional Use Permit pursuant to Section 155.29 of the City’s Sign Ordinance. The Planning Commission considered the item at a public hearing on June 18, 2024. The applicant was present to answer questions. No members of the public submitted comments, nor were any present at the hearing. Based on a review of the proposed sign and the applicable regulations, Planning Commission voted unanimously to recommend approval of the CUP request, with a condition related to compliance with code requirements applicable to the operation of dynamic display signs. REQUESTED COUNCIL ACTION The City Council is asked to consider a motion to adopt Resolution 24-046 approving a Conditional Use Permit for an electronic (digital display) sign for Boulevard Autoworks at 2801 Kenzie Terrace, based on findings in said resolution, with conditions as recommended by the Planning Commission. GENERAL INFORMATION Applicant:James Hamilton Owner:Teak Properties o/b/o Boulevard Autoworks Location:2801 Kenzie Terrace Existing Land Use / Zoning:Commercial Auto Service / Zoned: C, Commercial Surrounding Land North: Single Family Residential / Zoned: R-1 Use / Zoning:East: Single Family Residential / Zoned: R-1 South: Commercial Retail / Zoned: C West: Single Family Residential / Zoned: R-1 Deadline for Agency Complete Application Date: 05-08-2024 Action:60 Days: 07- 07-2024 39 July 9, 2024 Page 2 Extension Notice Sent:07-03-2024 120 Days:09-05-2024 ANALYSIS 1.Background The applicant proposes to upgrade their current ground sign at the subject property along Kenzie Terrace: 40 July 9, 2024 Page 3 The new sign would be located in same location as the existing freestanding sign near the intersection of Kenzie Terrace and Pahl Avenue. The sign location meets the required setback distance of 15 feet from the curb line of the adjoining streets, approximately 20 feet from Pahl Avenue and approximately 18 feet from Kenzie Terrace. The plans indicate the overall height of the sign to be 8 feet the maximum height for such signs. The Dynamic Display will be just under 5 square feet, which is significantly less than 35% of the total allowable size for such signs. The total sign display area, including both the digital and non-digital surface, is approximately 47 square feet. Ground signs requirements for uses in the C zoning district are subject to the following requirements: Maximum Height: 8 feet - Proposed height of 6.5 feet Setback: 15 feet from street curb – Proposed setbacks of 18 and 20 feet Sign Area: 150 square feet – Proposed size of 48 square feet Dynamic Displays for are further subject to these additional requirements: Percentage of allowable sign area for district: 35% - Proposed size is 5 sf – 11% of sign size Minimum duration of continuous image: 8 Seconds Transitions: Image changes must be instantaneous, without special effects or gradual transitions Messages: Must be complete with each image, not continuing in context or intent to the next images Color: Must be monochromatic against a solid black background The physical dimensions of the proposed sign are within all requirements of the relevant zoning restrictions. The operational aspects (transition, duration, messaging, and color) are ongoing regulatory requirements of the sign. The images included with the application indicate consistency with the color requirements. The base of the sign will be established as having decorative masonry block, consistent with the requirements for such signs. The primary review issue with this sign is that the change from a pole-mounted sign to a monument sign will raise potential concern over visibility of traffic exiting Pahl Avenue onto Kenzie Terrace. However, the setback from the Kenzie Terrace curb line will allow traffic to queue behind the curb with a view of oncoming traffic from the west. The driver location for a passenger vehicle sitting at the Pahl Avenue stop sign would be approximately 5 feet ahead of the edge of the sign, so full views in both directions will be accommodated. The sign may be allowed under the CUP, if the applicant verifies that the sign will avoid any further encroachment toward Kenzie Terrace, and is otherwise constructed consistent with the dimensions in the application drawings. 2.Applicable Code Sections. Title XV Land Usage, Chapter 152 Zoning Code, Section 152.253 establishes the process and findings required for consideration of Conditional Use Permits. Title XV Land Usage, Chapter 155 Sign Code, Section §152.29 Dynamic Displays regulates the construction and use of electronic dynamic display signs by Conditional Use Permit, and sets the various performance standards applicable to such signs. 41 July 9, 2024 Page 4 CONCLUSION AND RECOMMENDATION Staff recommends approval of the requested Conditional Use Permit for an electronic dynamic display sign at 2801 Kenzie Terrace with the following conditions: 1. Compliance with the operational standards of the code in Section 155.29. As such, planning staff and Planning Commission recommend the following motion: 1.Motion to adopt Resolution 24-046 approving the Conditional Use Permit application for a dynamic display sign, pursuant to findings in said resolution, conditioned on the ongoing operational practices meeting the requirements of the sign ordinance. ALTERNATIVE ACTIONS 2. Motion to recommend denial of the CUP. In the event of a recommendation for denial, the Planning Commission must state its findings related to denial on the record. 3. Request Additional Information and Table Action. A motion to table should be accompanied by the specific information requested of staff or the developer necessary to make a recommendation. ATTACHMENTS Exhibit A:PowerPoint Presentation Exhibit B:Application and Supporting Material Exhibit C:City Council Resolution 42 7/3/2024 1 CITY COUNCIL JULY 9, 2024 2801 Kenzie Terrace Boulevard Auto: Dynamic Display Sign Conditional Use Permit DYNAMIC DISPLAY CUP - SITE LOCATION 43 7/3/2024 2 DYNAMIC DISPLAY CUP –AERIAL PHOTO DYNAMIC DISPLAY CUP – SIGN ILLUSTRATION 44 7/3/2024 3 DYNAMIC DISPLAY CUP – RECOMMENDED CONDITION Motion to recommend approval of the request for CUP at 2801 Kenzie Terrace, with the following conditions: 1. Motion to recommend approval of the Conditional Use Permit application for a dynamic display sign, pursuant to findings related to compliance with the applicable city regulations, conditioned on the ongoing operational practices meeting the requirements of the sign ordinance. 45 Print Before you begin this process, please consider a pre-application conference (by phone, email, or in person) with City community development staff. We are ready to assist in helping you understand the complexities of the review process, and the standards on which a potential application will be considered. We can also advise you on the materials that will help ensure you have a complete and clear application. City of St. Anthony City Hall 612-782-3301 Thanks for your interest in improving your property and reinvesting in the St. Anthony Village community. Fee and Escrow Terms By initialing below, the applicant agrees to pay the application fee and deposit an escrow fee to cover the city’s consultants’ costs associated with reviewing the associated request. If the city’s consultants’ costs exceed the initial escrow deposited by the applicant, an additional escrow fee will be collected from the applicatnt to cover the additional costs. Initial here to accept fee and escrow terms above* jh Address of Property Involved* 2801 Kenzie ter. Property ID Number* 0702923240030 Legal Description Addition:Murray Heights 3rd Addn, lot 001, block 001 Applicant Information Applicant Name* James Hamilton, Hamilton llc Applicant Email Address jim@hamiltonsign.com Land Use Application - Submission #7322 Date Submitted: 5/8/2024 5/8/24, 10:58 AM savmn.com/Admin/FormCenter/Submissions/Print/7322 https://www.savmn.com/Admin/FormCenter/Submissions/Print/7322 1/3 46 Applicant Address PO Box 148 Rosemount MN 55068 Applicant Phone Number* 6512478224 Property Information Property Owner (if different from above) Tom Archambault Owner Email Address tom@blvdautoworks.com Owner Address 2801 Kenzie Ter. St Anthony MN 55418 Owner Phone Number 612-618-7637 Appeal ($500 fee + $1,500 escrow) Comprehensive Plan Amendment ($750 fee + $1,500 escrow if residential; $3,500 escrow if commercial/industrial) Conditional Use Permit ($1,000 fee+ $750 escrow if residential; $2,500 escrow if commercial/industrial) Easement Vacation ($200 fee + $500 escrow) Preliminary Plat ($750 fee + $1,500 escrow) Final Plat ($500 fee + $7500 escrow) Minor Subdivision/Lot Split ($500 fee + $1,500 escrow) Planned Unit Development (PUD) ($1,500 fee + $2500 escrow plus $50 escrow per residential unit ) Rezoning ($750 fee + $1,500 escrow) Zoning Text Amendment ($500 fee + $750 escrow) Site Plan ($500 fee + $750 escrow) Variance ($1,000 fee + $750 escrow if residential; $2,500 escrow if commercial/industrial) Type of Request (Check all that apply) Description of the Request (or a separate detailed narrative explaining the project) Remove the twin pole pylon sign. add a monument sign with a digital gas price sign. 5/8/24, 10:58 AM savmn.com/Admin/FormCenter/Submissions/Print/7322 https://www.savmn.com/Admin/FormCenter/Submissions/Print/7322 2/3 47 Attachments CUP Permit Rendiring.pdf Acknowledgement and Signature I acknowledge that I have read all of the information listed in the City of St. Anthony Village Land Use Application and fully understand that I am responsible for all costs incurred by the City related to the processing of this application. If additional fees are required to cover costs incurred from processing of the application, the City has the right to require additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals, and the cost of printing, mailing, and supplies. Applicants are advised that an escrow deposit is required at the time of the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an escrow are returned to the applicant upon successful implementation of an approved plan. I understand that approval from other agencies may be required before commencement with the stated project. I agree. Electronic Signature Agreement By checking the "I agree" box below, you agree and acknowledge that 1) your application will not be signed in the sense of a traditional paper document, 2) by signing in this alternate manner, you authorize your electronic signature to be valid and binding upon you to the same force and effect as a handwritten signature, and 3) you may still be required to provide a traditional signature at a later date. Electronic Signature* james hamilton Payment Upon submission of this application, please mail or drop off payment for fee and escrow to City Hall 3301 Silver Lake Road, St. Anthony, MN 55418. 5/8/24, 10:58 AM savmn.com/Admin/FormCenter/Submissions/Print/7322 https://www.savmn.com/Admin/FormCenter/Submissions/Print/7322 3/3 48 PO Box 148 Rosemount MN 55068 651-247-8224 sales@hamiltonsign.com James Hamilton Job Site: BLVD Autoworks 801 Kenzie Trail St Anthony MN 55418 Jobber: Molo Oil Gas Price digit N S Sign Location AMOCO Reimage 21’ 49 PO Box 148 Rosemount MN 55068 651-247-8224 sales@hamiltonsign.com James Hamilton Job Site: BLVD Autoworks 801 Kenzie Trail St Anthony MN 55418 Jobber: Molo Oil AMOCO Reimage 50 PO Box 148 Rosemount MN 55068 651-247-8224 sales@hamiltonsign.com James Hamilton Job Site: BLVD Autoworks 801 Kenzie Trail St Anthony MN 55418 Jobber: Molo Oil AMOCO Reimage 12” x 120” x 1” Steel Plate 12” x 120” x 1” Steel Plate Top View 120” 7 3/16” 5 ½”2 3/4” 2 3/4” 4’ 2 9/16”4’ 2 9/16” Grade 13” above grade 13” 77” 8 ‘ x 8” poles 51 PO Box 148 Rosemount MN 55068 651-247-8224 sales@hamiltonsign.com James Hamilton Job Site: BLVD Autoworks 801 Kenzie Trail St Anthony MN 55418 Jobber: Molo Oil Unauthorized use o f this rendering shall hold the responsible party liable for up to 150,000 in statutory damages plus attorney fees. Colors may vary slightly. AMOCO Reimage 12 18 12 1814 8 14 864.5 EXISTING 52 CITY OF SAINT ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION 24-046 A RESOLUTION APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ELECTRONIC DYNAMIC DISPLAY SIGN AT 2801 KENZIE TERRACE IN THE “C”, COMMERCIAL ZONING DISTRICT WHEREAS, the City of St. Anthony Village received a request from James Hamilton on behalf of Teak Properties and Boulevard Auto for a ground sign with an electronic dynamic display at 2801 Kenzie Terrace; and WHEREAS, the property is located in the “C”, Commercial Zoning District; and WHEREAS, the subject parcel is currently developed with automobile service facilities and an existing freestanding pole sign; and WHEREAS, such electronic digital display signs are allowed by Conditional Use Permit in the Commercial District; and WHEREAS, the proposed ground sign will replace the existing freestanding pole sign on the property in the same location; and WHEREAS, the proposed sign is consistent with the requirements of the Sign Ordinance with regard to size, setback and other standards, pursuant to City approval; and WHEREAS, the sign is proposed to be constructed to be consistent with the materials standards required by the Sign Ordinance related to such signs; and WHEREAS, the Planning Commission has considered all of the comments and the staff report, which are incorporated by reference into the resolution; and WHEREAS, the Planning Commission held a public hearing on June 18, 2024 on the application and the applicant and members of the public were provided the opportunity to present information to the Planning Commission; and WHEREAS, the Planning Commission recommended approval of the Conditional Use Permit with the conditions noted in the Staff report, and as listed below; and WHEREAS, the City Council makes the following findings of fact in support of the resolution for approval: 1.The property is located in an area of commercial land use on a collector roadway. 2.The proposed sign is reasonably consistent with the character of the neighborhood in which it is located. 3.The dimensional requirements of the City’s Sign Ordinance can be met by the proposed application. 4.The proposed improvements constitute a reasonable use of the property, and represent a more consistent condition over the existing pole sign display. 53 5.The operational aspects of the City’s Sign Ordinance can be met on an ongoing basis by the owner/operator of the sign. 6.The proposed sign, constructed and operated within the requirements of the Code, will not adversely impact surrounding property or public areas. NOW THEREFORE MAY IT BE RESOVLED, that the City Council of the City of St. Anthony Village accepts the findings and recommendations documented in the staff report and approves Conditional Use Permit for a dynamic display sign as shown on the plans submitted on or before May 8, 2024 as supplemented, at 2801 Kenzie Terrace, with the following conditions: 1.Compliance with the operational standards of the code in Section 155.29, notably the requirements for a static, monochrome message of at least 8 seconds duration, and other related requirements. Passed in regular session of the City Council on the 9th day of July, 2024. ____________________________________ Wendy Webster, Mayor ATTEST:____________________________ Jennifer Doyle, City Clerk Review for Administration: ____________________________________ Charlie Yunker, City Manager 54 7/2/2024 1 1 Saint Anthony Village 2023 Audit July 9, 2024 Andy Hering, CPA 651‐407‐5877 ahering@redpathcpas.com Reports Issued •Annual Comprehensive Financial Report Includes the Independent Auditor’s Report •Report on Internal Controls •Report on Minnesota Legal Compliance •Communication with Those Charged with Governance 2 55 7/2/2024 2 Independent Auditor’s Report on the Financial Statements •What did we do? Determined the financial statements are presented in accordance with GAAP and are free of material misstatement •How did we do it? •Plan and perform audit procedures to verify: Occurrence Completeness Accuracy, Cutoff, Classification •Audit techniques •What is the result? An unmodified or “clean” opinion was issued on the 2023 financial statements 3 Report on Internal Controls •What did we do? We gained an understanding of internal controls in place and their effectiveness in order to design our audit procedures •Examples of Internal Controls Approval over disbursements Reviewing monthly bank reconciliations Establishing ideal segregation of duties Review of financial information to detect errors •What is the result? No internal control findings 4 56 7/2/2024 3 Report on Minnesota Legal Compliance •Required by Minnesota Statute §6.65 •OSA audit guide covers seven categories 1) contracting and bidding 2) deposits and investments 3) conflicts of interest 4) public indebtedness 5) claims and disbursements 6) other miscellaneous provisions 7) tax increment provisions •No compliance findings 5 Communication with Those Charged with Governance The City implemented one new accounting standard relating to Information Technology arrangements Routine estimates Significant / sensitive footnotes: Note 6 –Long‐term Debt Corrected and uncorrected misstatements No difficulties or disagreements encountered 6 57 7/2/2024 4 Financial Results General Fund: –Fund balance increased $1,053,000 during 2023 7 Favorable Final (Unfavorable) Budget Actual Variance Revenues $8,498,000 $9,470,000 $972,000 Expenditures 8,568,000 8,395,000 173,000 Revenues over (under) expenditures (70,000) 1,075,000 1,145,000 Other financing sources (uses): Transfers - net 84,000 (22,000) (106,000) Total change in General Fund balance $14,000 $1,053,000 $1,039,000 Financial Results •General Fund balance as of December 31, 2023 is as follows: 8 58 7/2/2024 5 Financial Results •The fund balance available as of December 31, 2023 is sufficient to meet the City’s policy for minimum unassigned fund balances as follows: 9 2024 expenditure budget $9,398,687 Less: Police services to other cities (983,765) Financial services to MWMO (123,106) Net 2024 budget 8,291,816 Minimum balance (35-50%)35% City minimum working capital fund balance $2,902,136 Net unassigned amount available at 12/31/23 $4,460,649 Actual percent of net budget 54% Financial Results Water and Sewer Enterprise Fund: –Water operations for the past five years are as follows: 10 59 7/2/2024 6 Financial Results Water and Sewer Enterprise Fund: –Sewer operations for the past five years are as follows: 11 Financial Results Liquor Fund: 2023 operating income was $361,000 $275,000 transferred to the General Fund $106,000 increase in cash balance to $1.49M 12 Sales $7,066,000 100.0% $7,041,000 100.0% Cost of sales 5,247,000 74.3% 5,212,000 74.0% Gross margin 1,819,000 25.7% 1,829,000 26.0% Operating expenses 1,458,000 20.6% 1,352,000 19.2% Income from operations 361,000 5.1% 477,000 6.8% Investment income & other 65,000 0.9%(27,000) -0.4% Transfers out (275,000) -3.9% (275,000) -3.9% Net income 151,000 2.1% 175,000 2.5% 2023 2022 60 MEMORANDUM To:Mayor Webster and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:City Council Meeting – July 9, 2024 GC Project No.140.00 Request:Beekeeping – Ordinance No. 2024-02 – Third Reading Property Address: NA Property PID:NA PROJECT DESCRIPTION Staff is bringing the proposed beekeeping ordinance changes to the City Council for the third of three readings. At the June 25, 2024 meeting, the Council forwarded the second reading following updates made to the proposed regulations relating to questions around whether notice of a neighboring bee-sting allergy should disqualify the application, or whether such notice should merely inform the Council’s consideration of an application. The Council also sought information on how other communities treat this matter (neighbor allergies), and how that issue might relate to general nuisance considerations. CITY COUNCIL ACTION Staff requests that the City Council approve the third reading of the attached Ordinance No. 2024-02, adopting the ordinance in final form. As before, staff continues to recommend that the moratorium ordinance enacted last August continue in force as further materials are generated by the State of Minnesota over the next several months. The material below was included as a part of the original Council packets for first and second reading, and is included again for additional background if needed. BACKGROUND Staff has investigated these issues with the Code Compliance Officer who conducted the primary research for the Parks and Environmental Commission’s ordinance work. The Code Officer indicated that other community ordinances were reviewed in summary, and the PEC’s work represents the dominant themes that arose from that review. 61 July 9, 2024 Page 2 Thus, proposed changes to the second reading are collected in Subsection (G), and highlighted for the Council’s review. The changes create a clear disqualification for applications that elicited a positive response from any abutting neighbor to the bee-sting allergy issue. The structure of the ordinance would create a process as follows: a.Application is made to City staff. b.Staff creates a notice to abutting neighbors of the application for beekeeping, including a request for response to any medically-documented bee-sting allergies for current residents. c.Neighbors are notified of the upcoming Council meeting on the application, and given the opportunity to respond to staff. d.Any responses that claim the presence of a bee-sting allergy would result in rejection of the application by Staff. e. Staff would notify Council of the application as an agenda item, and whether the application was rejected, or if it is being brought forward for Council approval. The Council also questioned the aspects of the code related to nuisance concerns. The Code Officer indicated that per the resource materials used by the PEC – including those from the University of Minnesota Extension – that hive maintenance requirements were a key in minimizing the potential that the bees would become more aggressive. Those aspects of maintenance are built into the Code language in that regard. Finally, the Council asked staff about the longer-term impact of the allergy issue, and the effect on an approved beekeeper when new allergic neighbors move nearby. The language of the proposed ordinance creates a requirement for approved beekeeping locations, and makes it clear that new neighbors moving to the area would not result in termination of a prior approval. As discussed by the Planning Commission, while beekeeping can create a heightened level of concern, proof issues would exist for an allergic neighbor who wished to make a nuisance claim. To help address this concern, the PEC structured its original recommendation to require that bee-sting allergies result in automatic rejection so as to avoid creating that concern for susceptible residents. This is in line with the idea that beekeeping, while it has certain specific benefits, is not an intrinsically residential use of property, and that potential beekeepers are subject to the discretion of the City when seeking to pursue this activity. Apart from this change, the proposed Ordinance amendment has been generated by the Parks and Environmental Commission (PEC) to allow beekeeping in St. Anthony. If adopted, beekeeping would be allowed upon approval of the City Council as a waiver from what is currently a prohibition on “farm animals”. The approval would be subject to a set of regulations that are designed to ensure that applicants are thoroughly trained to responsibly keep and maintain bees on their residential property. The existing City Code provisions relevant to “farm animals” prohibit them in the City, with the allowance that the City Council may approve specific requests, waiving the usual prohibition. This waiver has been primarily utilized for chickens in the past. There are no specific requirements for the keeping of chickens, however, staff and the Council routinely add 62 July 9, 2024 Page 3 requirements to ensure that chicken facilities are installed and managed to minimize neighborhood concerns. For bees, the waiver process would still exist, however, extensive requirements for bees are proposed. Beekeeping operations can be difficult for potential beekeepers to successfully and safely implement in residential environments, and the requirements in the attached ordinance are intended to address those issues. CITY COUNCIL ACTION Staff asks that the City Council consider this second reading of a proposed ordinance to allow beekeeping in the City’s residential areas, subject to the regulations and standards included in the attached draft language. If approved, a formal ordinance amendment will be prepared for subsequent readings in anticipation of final adoption. SUMMARY AND STAFF RECOMMENDATIONS Staff recommends the second reading of the Ordinance, based on the modifications made to the initial version as noted. ATTACHMENTS Exhibit A:Ordinance No. 2024-02 63 ORDINANCE 2024-02 CITY OF ST. ANTHONY HENNEPIN AND RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE, BY AMENDING TITLE IX, SECTIONS 91.06 AND 91.56 OF THE CITY CODE RELATING TO ANIMALS § 91.06 DEFINITIONS. Domesticated animals means house pets such as dogs, cats, and birds, or other common pets kept in small containments which can be contained within a principal structure throughout the entire year, provided that containment can be accomplished without special modification to the structure requiring a building permit from the city. In addition, the term "domestic animals" includes birds (other than chickens, ducks and geese) and rabbits normally sheltered outside the home. Farm animals means cattle, hogs, bees, sheep, goats, chickens, turkeys, horses and other animals commonly accepted as farm animals in the state, and/or which are kept for agricultural purposes or food production. With regard to bees and beekeeping, the following definitions shall apply: Apiary - The assembly of one or more colonies of bees at a single location Beekeeper - A person who owns or has charge of one or more colonies of bees. Beekeeping equipment - anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Colony - An aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. Flyway barrier - A barrier that raises the flight path of bees as they come and go from a hive. Hive - The receptacle inhabited by a colony that is manufactured for that purpose. Honey bee (also “Honeybee”) - All life stages of the common domestic honey bee, apis mellifera species. Lot - An area of land intended for occupancy or use as permitted in the zoning code, and otherwise meeting the requirements of the zoning code. Nucleus colony - A small quantity of bees with a queen housed in a smaller than usual hive box designed for a particular purpose. Formatted: Indent: Left: 0.5", First line: 0" Formatted: Font: (Default) Times New Roman, 12 pt, Bold, Italic 64 Undeveloped Parcel- Any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human occupancy and the grounds maintained in associations therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes. Wild Animal: Any animal which is not a domesticated animal as defined herein, or which is not naturally tame or gentle, but is of a wild nature or disposition, or which would constitute a danger to human life or property. The term includes animals and birds, the keeping of which is licensed by the State or federal government, such as, wolves, raptors, and pheasants. By way of example and not of limitation, the term includes: ducks, pheasants, geese, turkeys, birds of prey, squirrels, chipmunks, raccoons, coyotes, weasels, wild ferrets, sheep, goats, swine, monkeys, chimpanzees and deer. § 91.56 KEEPING OF CERTAIN ANIMALS. Except as allowed for Bees in this section, Nno person may keep farm animals or wild animals as defined in this Code, nor more than 2 dogs or 3 dogs allowed under § 91.01 through 91.05 or fowl, within the city nearer than 500 feet to any human habitation or platted land, without approval of the City Council. The City Council may, before approving or denying any request for approval, request a report from the Health Officer concerning the effect on public health. (A) KEEPING OF BEES. The purpose of this ordinance is to establish certain requirements for beekeeping within the City and to avoid issues which might otherwise be associated with beekeeping in populated areas. Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony constitutes a nuisance, but such compliance may be offered as evidence of the beekeeper’s efforts to abate any proven nuisance. Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony violates applicable ordinances regarding public health, but such compliance may be offered as evidence of the beekeeper’s compliance with acceptable standards of practice among hobby beekeepers in the State of Minnesota. (B) City Council Approval Required. No person may keep, harbor, maintain or allow to be kept any hive or other facility for the housing of honeybees on or in any parcel in the City without approval of the City Council. If the applicant is a tenant, they must also provide proof of approval by the property owner permitting the keeping of bees on the property. (C) Training and Education Required. Beekeeping training and education is required for beekeeper applicants prior to the approval of the City Council. At the time of request, the beekeeper must submit a certificate of completion of an approved honeybee keeping course. 65 (D) Any person desiring keeping of honeybees shall make written application to the City Manager or designee, accompanied by a site plan of the real property upon which bees are to be kept, showing: 1) A site plan of the parcel showing the location and size of the proposed apiary, setbacks from the apiary to property lines and surrounding buildings, including houses and buildings on adjacent lots; 2) Inclusion of and location of safety fencing, flyaway barriers and water supply; 3) Proof of the applicant having completed coursework on beekeeping acceptable to the City Manager; 4) Agreement that property may be inspected by City at all reasonable times; 5) The property must be in compliance with all other applicable City regulations in order to receive approval. 6) If the applicant fails to maintain the conditions set forth in the Required Conditions Section after issuance of a beekeeping approval, the City Manager or their designee may revoke the approval. 7) The application materials shall include a statement that the applicant will at all times keep the bees in accordance with the provisions of this ordinance and any additional restrictions, limitation conditions or prohibitions specified in the permit as necessary to safeguard public health and general welfare. (E) Residence Required. The beekeeper approved to maintain the apiary must reside upon the parcel in which the apiary is located. (F) Term. Permission for beekeeping will be valid as long as the applicant continues to comply with the terms of this section. Any finding of non-compliance, or lapse of continued use for more than 12 months shall require a new request prior to re- establishment of any beekeeping on the subject parcel. (G) Limitations for Allergies. The property must be in compliance with all other applicable City regulations in order to receive approval and renewal. To ensure that concerns over bee allergies are addressed, the City shall notify property owners of any parcel adjoining or across any public right of way from the applicant’s subject parcel of the date on which the City Council will consider a beekeeping application. The City Council may consider neighboring impacts, including documented bee sting allergies, in their review of an application. (H) Approval Non-transferable. Beekeeping approvals are non-transferable and do not run with the land. (I) Location. 1) Approved beekeeping shall be allowed only on property zoned R-1, Single Family Residential. 2) Hives must be located in the rear yard and must be located a minimum of 15 feet from all property lines and 30 feet from any neighboring building. 3) When a proposed hive location is on a parcel abutting any parcel zoned other than R-1, Single Family Residential, the hive shall be placed on the site in a location that maximizes the distance from the adjoining non-R-1 property. 66 (J) Conditions for Beekeeping Consideration. 1) No more than two colonies may be kept on the subject parcel at the same time. 2) For each colony permitted to be maintained in this Section, there may also be maintained upon the same apiary parcel, one nucleus colony in a hive structure not to exceed one standard nine and five-eighths inch depth box, ten frame hive body with a maximum of five supers. 3) Honeybee colonies must be kept in hives with removable frames which must be kept in sound and usable condition. 4) Each colony on the apiary site must be provided with a convenient source of water which must be located within 10 feet of each active colony. 5) Materials from a hive such as wax combs or other materials that might encourage robbing by other bees must be promptly disposed of in a sealed container or placed within a building or other bee and vermin proof enclosure. 6) Each beekeeper shall maintain their beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. It shall not be a defense to this ordinance that a beekeeper’s unused equipment attracted a swarm and that the beekeeper is not intentionally keeping bees. 7) Hives will be continuously managed to provide adequate living space for their respective honeybees in order to prevent swarming. 8) In any instance in which a colony exhibits unusual aggressive behavior, it is the duty of the beekeeper to promptly re-queen the colony. 1)9) Flyway Barrier: a. Except as otherwise provided in this ordinance, in each instance where a colony is kept less than 25 feet from a property line of the lot upon which the apiary is located, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least 6 feet in height. b. The flyway barrier may consist of a wall, fence, dense vegetation or a combination thereof, such that bees will fly over rather than through the material to reach the colony. c. If a flyway barrier of dense vegetation is used, the initial planting may be 4 feet in height, so long as the vegetation normally reaches 6 feet in height or higher. d. If a wall or fence flyway barrier is used, the materials must be decay resistant, maintained in good condition. A wall or fence flyway barrier shall not exceed the maximum allowable fence height per section 150.072 of City Code. e. The flyway barrier must continue parallel to the apiary lot line for 10 feet in either direction from the hive, or contain the hive or hives in an enclosure at least 6 feet in height. f. A flyway barrier is not required if the parcel adjoining the apiary lot line is (1) 67 undeveloped, or is (2) zoned agricultural or industrial, or is (3) outside of the City limits, or is (4) a wildlife management area or naturalistic park land with no horse or foot trails located within 25 feet of the apiary. If the adjoining property becomes developed, a flyway barrier must be erected according to the specifications of this section. No allowance for a legal nonconformity shall accrue under this subsection. 10) Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to prevent swarming. 11) Where a flyway barrier is required, the hive openings shall face the flyway barrier. (K) Inspections. 1) As part of the approval, each beekeeper must allow an inspection of the apiary site. The City Manager or their designee has the right to inspect any apiary for the purpose of ensuring compliance with this Section upon providing prior notice to the owner of the apiary parcel. In the case of a complaint regarding the apiary, the apiary site may be inspected by the City without prior notice. 2) If an approved apiary site is found to be non-compliant with any requirements of this section, a compliance order shall be issued by the City Manager, or their designee. The owner and/or operator of the apiary shall have up to ten (10) days to bring the apiary into compliance or risk the loss of their approval. 3) If the City Manager orders the revocation of an existing Beekeeping approval, a hearing before the City Council shall be scheduled as follows: a. Scheduling of hearing. If the city makes a determination that it will be revoking an approval pursuant to this subchapter, the City Council shall conduct a hearing on the matter. The hearing shall be scheduled at the next regular City Council meeting following the date of the notice of intent to revoke. b. Hearing. At the hearing, the City Council shall hear all relevant evidence and arguments and shall review all testimony, documents and other evidence submitted. The applicant shall have the opportunity to address the City Council at the hearing. c. Findings. After the hearing is concluded, the City Council shall make findings on whether to uphold the order to revoke. The City Council shall issue a written decision within 30 days following the date of the hearing and shall send a copy of its decision to the owner or operator by mail. (L) Removal or Relocation. 1) If any approved beekeeper serves the community by removing a swarm or swarms of honeybees from locations where they are not desired, that person will not be considered to be in violation of the colony density restrictions of this Section if the following conditions are met: a. The person temporarily houses the honeybees at an apiary site of a beekeeper approved by the City; b. The honeybees are not kept for more than 30 days; and c. The site remains in compliance with the other provisions of this Section. 68 2) Any resident who has lost their approval shall not be eligible for a new approval. 3) Any resident who voluntarily forfeits the approved colony may reapply for a new approval in the future. 4) Any resident who wishes to transport the approved colony must first establish a new permission in whichever jurisdiction they plan to relocate to if required in said jurisdiction. 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, 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. ADOPTED BY the St. Anthony City Council this ____ day of ______, 2024. __________________________________ Wendy Webster, Mayor ATTEST: ___________________________________ Jennifer Doyle, City Clerk AYES: NAYS: 69 ORDINANCE NO. 2024-02 1 CITY OF ST. ANTHONY HENNEPIN AND RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE, BY AMENDING SECTIONS 91.06 AND 91.56 RELATING TO BEEKEEPING AND FARM ANIMALS THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS: Section 1.Section §91.06 is hereby amended to add the following: 91.06 Definitions Bees and Beekeeping - With regard to bees and beekeeping, the following definitions shall apply: Apiary - The assembly of one or more colonies of bees at a single location Beekeeper - A person who owns or has charge of one or more colonies of bees. Beekeeping equipment - anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Colony - An aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. Flyway barrier - A barrier that raises the flight path of bees as they come and go from a hive. Hive - The receptacle inhabited by a colony that is manufactured for that purpose. Honey bee (also “Honeybee”) - All life stages of the common domestic honey bee, apis mellifera species. Lot - An area of land intended for occupancy or use as permitted in the zoning code, and otherwise meeting the requirements of the zoning code. Nucleus colony - A small quantity of bees with a queen housed in a smaller than usual hive box designed for a particular purpose. Undeveloped Parcel- Any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human occupancy and the grounds maintained in associations therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes. 70 ORDINANCE NO. 2024-02 2 Section 2.Section §91.56 is hereby amended to read as follows: § 91.56 KEEPING OF CERTAIN ANIMALS. Except as allowed for Bees in this section, no person may keep farm animals or wild animals as defined in this Code, nor more than 2 dogs or 3 dogs allowed under § 91.01 through 91.05 or fowl, within the city nearer than 500 feet to any human habitation or platted land, without approval of the City Council. The City Council may, before approving or denying any request for approval, request a report from the Health Officer concerning the effect on public health. (A)KEEPING OF BEES. The purpose of this ordinance is to establish certain requirements for beekeeping within the City and to avoid issues which might otherwise be associated with beekeeping in populated areas. Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony constitutes a nuisance, but such compliance may be offered as evidence of the beekeeper’s efforts to abate any proven nuisance. Compliance with this ordinance shall not be a defense to a proceeding alleging that a given colony violates applicable ordinances regarding public health, but such compliance may be offered as evidence of the beekeeper’s compliance with acceptable standards of practice among hobby beekeepers in the State of Minnesota. (B)City Council Approval Required. No person may keep, harbor, maintain or allow to be kept any hive or other facility for the housing of honeybees on or in any parcel in the City without approval of the City Council. If the applicant is a tenant, they must also provide proof of approval by the property owner permitting the keeping of bees on the property. (C)Training and Education Required. Beekeeping training and education is required for beekeeper applicants prior to the approval of the City Council. At the time of request, the beekeeper must submit a certificate of completion of an approved honeybee keeping course. (D)Any person desiring keeping of honeybees shall make written application to the City Manager or designee, accompanied by a site plan of the real property upon which bees are to be kept, showing: 1) A site plan of the parcel showing the location and size of the proposed apiary, setbacks from the apiary to property lines and surrounding buildings, including houses and buildings on adjacent lots; 2) Inclusion of and location of safety fencing, flyaway barriers and water supply; 3) Proof of the applicant having completed coursework on beekeeping acceptable to the City Manager; 4) Agreement that property may be inspected by City at all reasonable times; 5) The property must be in compliance with all other applicable City regulations in order to receive approval. 6) If the applicant fails to maintain the conditions set forth in the Required Conditions Section after issuance of a beekeeping approval, the City Manager or 71 ORDINANCE NO. 2024-02 3 their designee may revoke the approval. 7) The application materials shall include a statement that the applicant will at all times keep the bees in accordance with the provisions of this ordinance and any additional restrictions, limitation conditions or prohibitions specified in the permit as necessary to safeguard public health and general welfare. (E)Residence Required. The beekeeper approved to maintain the apiary must reside upon the parcel in which the apiary is located. (F) Term. Permission for beekeeping will be valid as long as the applicant continues to comply with the terms of this section. Any finding of non-compliance, or lapse of continued use for more than 12 months shall require a new request prior to re- establishment of any beekeeping on the subject parcel. (G)Limitations for Allergies. The property must be in compliance with all other applicable City regulations in order to receive approval and renewal. To ensure that concerns over bee allergies are addressed, the City shall notify property owners of any parcel adjoining or across any public right of way from the applicant’s subject parcel of the date on which the City Council will consider a beekeeping application. Responses from notified residents prior to the Council meeting that a resident has a medically documented bee-sting allergy will disqualify the application. The City shall keep a record of beekeeping approval locations available for public review. Changes in occupancy of neighboring properties that result in new residents with allergies shall not disqualify an existing beekeeping approval provided it continues to otherwise remain in compliance with other requirements of this ordinance. (H)Approval Non-transferable. Beekeeping approvals are non-transferable and do not run with the land. (I)Location. 1)Approved beekeeping shall be allowed only on property zoned R-1, Single Family Residential. 2)Hives must be located in the rear yard and must be located a minimum of 15 feet from all property lines and 30 feet from any neighboring building. 3)When a proposed hive location is on a parcel abutting any parcel zoned other than R-1, Single Family Residential, the hive shall be placed on the site in a location that maximizes the distance from the adjoining non-R-1 property. (J)Conditions for Beekeeping Consideration. 1)No more than two colonies may be kept on the subject parcel at the same time. 2)For each colony permitted to be maintained in this Section, there may also be maintained upon the same apiary parcel, one nucleus colony in a hive structure not to exceed one standard nine and five-eighths inch depth box, ten frame hive body with a maximum of five supers. 3)Honeybee colonies must be kept in hives with removable frames which must be kept in sound and usable condition. 4)Each colony on the apiary site must be provided with a convenient source of water which must be located within 10 feet of each active colony. 72 ORDINANCE NO. 2024-02 4 5)Materials from a hive such as wax combs or other materials that might encourage robbing by other bees must be promptly disposed of in a sealed container or placed within a building or other bee and vermin proof enclosure. 6)Each beekeeper shall maintain their beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. It shall not be a defense to this ordinance that a beekeeper’s unused equipment attracted a swarm and that the beekeeper is not intentionally keeping bees. 7)Hives will be continuously managed to provide adequate living space for their respective honeybees in order to prevent swarming. 8)In any instance in which a colony exhibits unusual aggressive behavior, it is the duty of the beekeeper to promptly re-queen the colony. 9)Flyway Barrier: a. Except as otherwise provided in this ordinance, in each instance where a colony is kept less than 25 feet from a property line of the lot upon which the apiary is located, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least 6 feet in height. b. The flyway barrier may consist of a wall, fence, dense vegetation or a combination thereof, such that bees will fly over rather than through the material to reach the colony. c. If a flyway barrier of dense vegetation is used, the initial planting may be 4 feet in height, so long as the vegetation normally reaches 6 feet in height or higher. d. If a wall or fence flyway barrier is used, the materials must be decay resistant, maintained in good condition. A wall or fence flyway barrier shall not exceed the maximum allowable fence height per section 150.072 of City Code. e. The flyway barrier must continue parallel to the apiary lot line for 10 feet in either direction from the hive, or contain the hive or hives in an enclosure at least 6 feet in height. f. A flyway barrier is not required if the parcel adjoining the apiary lot line is (1) undeveloped, or is (2) zoned agricultural or industrial, or is (3) outside of the City limits, or is (4) a wildlife management area or naturalistic park land with no horse or foot trails located within 25 feet of the apiary. If the adjoining property becomes developed, a flyway barrier must be erected according to the specifications of this section. No allowance for a legal nonconformity shall accrue under this subsection. 10)Hives shall be continuously managed to provide adequate living space for their resident honeybees in order to prevent swarming. 11)Where a flyway barrier is required, the hive openings shall face the flyway barrier. (K)Inspections. 1)As part of the approval, each beekeeper must allow an inspection of the apiary site. The City Manager or their designee has the right to inspect any apiary for 73 ORDINANCE NO. 2024-02 5 the purpose of ensuring compliance with this Section upon providing prior notice to the owner of the apiary parcel. In the case of a complaint regarding the apiary, the apiary site may be inspected by the City without prior notice. 2)If an approved apiary site is found to be non-compliant with any requirements of this section, a compliance order shall be issued by the City Manager, or their designee. The owner and/or operator of the apiary shall have up to ten (10) days to bring the apiary into compliance or risk the loss of their approval. 3)If the City Manager orders the revocation of an existing Beekeeping approval, a hearing before the City Council shall be scheduled as follows: a. Scheduling of hearing. If the city makes a determination that it will be revoking an approval pursuant to this subchapter, the City Council shall conduct a hearing on the matter. The hearing shall be scheduled at the next regular City Council meeting following the date of the notice of intent to revoke. b. Hearing. At the hearing, the City Council shall hear all relevant evidence and arguments and shall review all testimony, documents and other evidence submitted. The applicant shall have the opportunity to address the City Council at the hearing. c. Findings. After the hearing is concluded, the City Council shall make findings on whether to uphold the order to revoke. The City Council shall issue a written decision within 30 days following the date of the hearing and shall send a copy of its decision to the owner or operator by mail. (L)Removal or Relocation. 1) If any approved beekeeper serves the community by removing a swarm or swarms of honeybees from locations where they are not desired, that person will not be considered to be in violation of the colony density restrictions of this Section if the following conditions are met: a. The person temporarily houses the honeybees at an apiary site of a beekeeper approved by the City; b. The honeybees are not kept for more than 30 days; and c. The site remains in compliance with the other provisions of this Section. 2) Any resident who has lost their approval shall not be eligible for a new approval. 3) Any resident who voluntarily forfeits the approved colony may reapply for a new approval in the future. 4) Any resident who wishes to transport the approved colony must first establish a new permission in whichever jurisdiction they plan to relocate to if required in said jurisdiction. 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. 74 ORDINANCE NO. 2024-02 6 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 9th day of July, 2024. __________________________________ Wendy Webster, Mayor ATTEST: ___________________________________ Jennifer Doyle, City Clerk AYES: NAYS: 75 THIS PAGE LEFT INTENTIONALLY BLANK 76 MEMORANDUM To:Mayor Webster and St. Anthony Village City Council From:Stephen Grittman, City Planner Date:City Council Meeting – July 9, 2024 GC Project No.140.00 Request:Cannabis – Zoning Ordinance Amendment – Ordinance No. 2024-03 Property Address: NA Property PID:NA PROJECT DESCRIPTION The City Council considered the first reading of amendments to the Zoning Ordinance related to cannabis retailing at its regular meeting on June 11, 2024. A second reading was held on June 25, 2024. The Council discussed aspects of the proposed ordinance, with modifications to the original draft language. Those modifications included the inclusion of residential substance abuse treatment centers to the list of land uses that would be included in the separation buffers being created by the Code; and an increase in the proposed separation buffer for child care centers to 300 feet, from the Planning Commission’s recommendation of 100 feet. The second reading incorporated those amendments, which are now included in the third and final reading in ordinance form. As noted previously, the language of the code recommends that the separation from treatment centers to be listed as “licensed” centers by the State of Minnesota. The City has the ability to research properly licensed facilities and make an informed judgment about distance and registration. There are some “treatment” facilities that operate as “sober houses” or other similar unlicensed programming which would not be trackable. Staff has inserted a 300 foot separation buffer for these uses in the proposed language. CITY COUNCIL ACTION Staff requests that the City Council approve the third reading of the attached Ordinance No. 2024-03, adopting the ordinance in final form. As before, staff continues to recommend that the moratorium ordinance enacted last August continue in force as further materials are generated by the State of Minnesota over the next several months. 77 July 9, 2024 Page 2 The material below was included as a part of the original Council packets for first and second reading, and is included again for additional background if needed. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the proposed regulations and ordinance at a discussion meeting in April, and then at a public hearing at its May 21, 2024 regular meeting. No members of the public submitted comments, nor were any present to comment at the hearing. The Commission voted to recommend approval of the proposed ordinance, with the bulk of the discussion centered on the prospective buffer distance between commercial childcare facilities and any cannabis retailer. The statute permits the City to create a buffer of up to 500 feet for such facilities. The Planning Commission believes that this distance was overly restrictive, given the nature of the uses, and the mapping of potential exclusion zones if adopted to the fullest extent. Following its discussion, the Commission recommends a separation buffer of 100 feet between cannabis retailers and licensed commercial childcare facilities. BACKGROUND AND REVIEW In August of 2023, the City adopted a moratorium on cannabis-related businesses (as authorized by the legislation), in anticipation of the State’s establishment of agency and rule- making activities. The State has created the Office of Cannabis Management (OCM) to carry out the requirements of the legislation, with an originally-anticipated start date of January, 2025. While that date may shift some, the City is seeking to update its zoning regulations to comply with the local land use impacts of the legislation. Included with this memo is a draft ordinance establishing basic zoning regulations in this regard, based on additional research and the Planning Commission’s discussion at its April and May 2024 meetings. One aspect of the City’s regulation to note is personal cannabis use, which was legalized by the 2023 legislation, took effect in August of last year. As a part of that process, the City separately established a prohibition on smoking in public places, which is applicable to any smoking or product. That aspect of the City’s regulation is not further addressed by the materials for this review. As additional guidance and requirements are adopted by the Office of Cannabis Management and/or the League of Minnesota Cities, additional changes or amendments are likely to follow this proposed amendment. The cannabis topic is complex and has many facets that impact local government. For the purposes of this review, these materials are limited to impacts on land use regulation and zoning. For most of this, the requirements will be addressing business regulation – business type, location, and related concerns. Municipal sales, law enforcement, and other administrative or General Code aspects of the law are left to separate consideration by City Council. Land Use Aspects of Cannabis Legalization. The legislation creates several categories of licensing for Cannabis business activity. The State OCM will assume all requirements for 78 July 9, 2024 Page 3 licensing of cannabis businesses, including retailers, manufacturers, transporters, and warehousing. The law includes all types of cannabis product, including hemp-THC products and medical cannabis. The law provides that the City may not prohibit the business uses for cannabis products due merely because of the nature of the product. Therefore, where the City allows manufacturing, a business that manufactures a cannabis product licensed by the State must be accommodated. There can be no additional limits for these businesses, such as number of licensees, proximity to other uses, etc. Included in the types of licensed businesses are retailers, however, retailing can be limited by the City under specific circumstances. There are six categories of retail business that are called out for these limitations: Cannabis “Mezzo-businesses”, Cannabis “Micro-businesses”, Cannabis Retailers, Medical Cannabis Retailers, Medical Cannabis Combination Business, and Low-Potency Edible Hemp Retailer. Cannabis “Mezzo-“ and “Micro-“ businesses are essentially processor facilities that may, if licensed and appropriate under local zoning, qualify for a retail sales license as a component of their industrial enterprise. The difference relates to licensed processing space – up to 5,000 square feet for “Micro-business”, and from 5,001 to 15,000 square feet for “Mezzo-business”. Cannabis retailers, by contrast, are specifically retail-oriented, in which no industrial activity (manufacturing, processing, etc,) occurs. Medical cannabis retailing or combination businesses are those that may retail consumer products, but are also licensed to dispense medical cannabis treatments. Low potency Hemp retailers are those that are currently eligible to sell such products under the prior 2022 legislation. In St. Anthony, those potential locations are limited to only those also with a current tobacco sales license. Local Limitations. The legislation permits the City to limit cannabis sales, with specific limitations on that authority. Essentially, those limitations are as follows: a.The State OCM will assume authority for licensing all cannabis and hemp-related businesses. b. As a part of the State’s licensing process, the OCM will contact the local government to know if the City will “register” the business location, which is an information process, not a licensing authority. Zoning compliance will be an aspect of local “registration”. c.A City may not enact any ordinance that has the effect of prohibiting cannabis businesses. d.A City must provide for an allowance of at least one cannabis-retail facility, whether that is a “Micro-“ or “Mezzo-“ business, a cannabis retailer. This allowance increases by one additional business for each 12,500 residents. e. St. Anthony’s current population of under 10,000 requires the allowance of at least one licensed retailer. The City may by ordinance limit the number of licensees to its minimum registration of one retail location, although the City is not required to do so. f.The law permits the City to limit the location of cannabis businesses by routine zoning, and also by a separation distance from certain listed land uses. This allowance appears to relate to any cannabis business, not just retailers. 79 July 9, 2024 Page 4 g.The law permits the City to enact a minimum distance of 500 feet separation from any daycare, residential treatment center, or an “attraction within a public park that is regularly used by minors, including a playground or athletic field”. There are three commercial daycare operations in the City that are within 500 feet of Commercial or Industrial zoned properties – these are highlighted on an attached map. All of these would create exclusion zones prohibiting cannabis businesses around them if the City adopts the separation distance. h.The law permits the City to enact a minimum distance of 1,000 feet separation from any school. There are three school sites in the City – Wilshire Park Elementary, St. Anthony Middle and High Schools, and St. Charles Boromeo School. None of these schools are within 1,000 of any Commercial or Industrial zoned land. i.Based on a preliminary analysis, the distances from the City’s parklands are all more than 500 feet to any commercial or industrial zoned land (Emerald, Silverwood, or Central Parks), or are already in excluded areas due to daycare locations (Silver Point and Trillium Parks). j.Salo Park – if included – could have a separation distance would exclude most of the Silver Lake Village shopping center area (including Cub Foods and the City’s municipal liquor store). However, Salo is identified in the City’s system planning as a stormwater facility, not technically a park. Moreover, few of the activities are designed to specifically attract minors. As such, no separation distance would apply. k.Regardless of the allowance to require separation, the law requires that the City may not enact a separation distance that has the practical effect of prohibiting the location of a cannabis business in the City. It appears from this preliminary analysis that 1. Enactment of a separation distance for schools would not impact any Commercial or Industrial property; 2. Enactment of a 500 foot separation for daycare locations would impact some Commercial and Industrial properties in the south portion of the City, but retain eligibility for such use in some other portions of those districts. 3. Enactment of a 500 foot separation for parks where minors commonly use the facility would not impact the City’s primary park system properties. In summary, the primary zoning separation requirements would apply to the daycare facilities in the south portion of the community as follows: 3055 Old Hwy 8 (Ikram Child Care): Any exclusion distance for the daycare facilities at 3055 Old Hwy 8 would result in a prohibition of retail sales for other potential commercial/industrial uses on that site. Depending on the separation distance chosen, the industrial property south of Highway 88 could be impacted – the closest distance to those areas appears to be approximately 270 feet. 2812 Anthony Lane South (Jack and Jill Preschool and Childcare): This daycare parcel is located in an industrial park area. Exclusion of cannabis businesses of any distance will impact some potential retail locations, primarily as a part of a “micro-“ or “mezzo-“ business which does some form of industrial processing and proposes to also sell retail products as an aspect of the business. The number of parcels impacted will depend on the separation distance chosen. 80 July 9, 2024 Page 5 2955 Pentagon Drive (Step by Step Montessori): This facility is located in the St. Anthony Shopping Center, zoned Commercial. Much of the shopping center area would be prohibited from retail sales, again depending on the size of the separation distance adopted. As noted, the statute permits (but does not require) the City to create exclusion distances from schools, parks, and childcare facilities to any cannabis facility that includes retail sales. For St. Anthony, the proximity of schools and parks to any potential Commercial or Industrial site is not applicable, given the geography and land use pattern. The primary issue would be the location of childcare facilities in the south portion of the city. There are three such facilities that would, if a separation distance is adopted, create an exclusion area for surrounding property. At its April meeting, the Planning Commission discussed whether the exclusion area was relevant to daycare, based on an assumption that unlike schools and parks, there is less likely to be unsupervised child presence using daycare facilities. The zoning action for the City would be an amendment to the Zoning Ordinance that eliminates the current total prohibition of cannabis businesses, and replacement with language related to separation where applicable. Although no impacts are foreseen for Schools and Parks as noted, staff would recommend adoption of the full State-allowed exclusion area for those uses (1,000 feet for schools, and 500 feet for parks). There continue to be discussions at the State level (both legislatively and agency-driven) that will continue to refine aspects of the law. As such, these protections would be consistent with the allowances, and address any unforeseen circumstances until additional guidance is provided. Guidance is likely to come from a variety of sources, including both the League of Minnesota Cities and the Office of Cannabis Management (in the form of a model ordinance). For childcare facilities, there is likely to be some pressure to adopt a limited separation zone from retail cannabis outlets. As noted, the full 500 feet would significantly limit retail outlets in the south area of the City. A distance of 250 feet would have a lesser impact, but still affect some potential sales locations. In the alternative, the City could create a limitation that prohibits retail sales on premises that abut a parcel with childcare, rather than default to the distance allowance. This would be effectively the same as a “1-foot” buffer. The attached draft ordinance incorporates alternative language for Planning Commission review and discussion. PLANNING COMMISSION ACTION If acceptable to the Commission, staff asks that the Commission further discuss the separation distance aspects of the potential regulations, and raise other issues as they may impact a final ordinance adoption. With these comments, and if the proposed Ordinance amendments reflect those discussions, forwarding the zoning amendment to the City Council would be in order. SUMMARY AND STAFF RECOMMENDATIONS 81 July 9, 2024 Page 6 If the Planning Commission is in agreement, staff recommends approval of a draft zoning regulation that creates the separation distances for schools (1,000 feet), parks (500 feet – specifically for Central Park, Emerald Park, Silver Point Park, Trillium Park, and Water Tower Park), and either a specific distance or an “abutting property” separation for childcare facilities, and noted in this report. ATTACHMENTS Exhibit A:State Law – Local Control Exhibit B:Map of Separation Distance Impacts Exhibit C:Ordinance No. 2024-03 82 July 9, 2024 Page 7 Exhibit A – Minn. Statutes Section 342.13 [342.13] LOCAL CONTROL. (a) A local unit of government may not prohibit the possession, transportation, or use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products authorized under this chapter. (b) Except as provided in section 342.22, a local unit of government may not prohibit the establishment or operation of a cannabis business licensed under this chapter. (c) A local unit of government may adopt reasonable restrictions on the time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses. A local unit of government may prohibit the operation of a cannabis business within 1,000 feet of a school, or 500 feet of a day care, residential treatment facility, or an attraction within a public park that is regularly used by minors, including a playground or athletic field. (d) The office shall work with local units of government to: (1) develop model ordinances for reasonable restrictions on the time, place, and manner of the operation of a cannabis business; (2) develop standardized forms and procedures for the issuance of a retail registration pursuant to section 342.22; and (3) develop model policies and procedures for the performance of compliance checks required under section 342.22. (e) If a local unit of government is conducting studies or has authorized a study to be conducted or has held or has scheduled a hearing for the purpose of considering adoption or amendment of reasonable restrictions on the time, place, and manner of the operation of a cannabis business, the governing body of the local unit of government may adopt an interim ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning process and the health, safety, and welfare of its citizens. Before adopting the interim ordinance, the governing body must hold a public hearing. The interim ordinance may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction or a portion thereof until January 1, 2025. (f) Within 30 days of receiving a copy of an application from the office, a local unit of government shall certify on a form provided by the office whether a proposed cannabis business complies with local zoning ordinances and, if applicable, whether the proposed business complies with the state fire code and building code. The office may not issue a license if a cannabis business does not meet local zoning and land use laws. (g) Upon receipt of an application for a license issued under this chapter, the office shall contact the local unit of government in which the business would be located and provide the local unit of government with 30 days in which to provide input on the application. The local unit of government may provide the office with any additional information it believes is relevant to the office's decision on whether to issue a license, 83 July 9, 2024 Page 8 including but not limited to identifying concerns about the proposed location of a cannabis business, or sharing public information about an applicant. (h) The office by rule shall establish an expedited complaint process to receive, review, and respond to complaints made by a local unit of government about a cannabis business. Complaints may include alleged violations of local ordinances or other alleged violations. At a minimum, the expedited complaint process shall require the office to provide an initial response to the complaint within seven days and perform any necessary inspections within 30 days. Nothing in this paragraph prohibits a local unit of government from enforcing a local ordinance. If a local unit of government notifies the office that a cannabis business other than a cannabis retailer, cannabis microbusiness with a retail operations endorsement, cannabis mezzobusiness, lower-potency hemp edible retailer, medical cannabis retailer, or medical cannabis combination business poses an immediate threat to the health or safety of the public, the office must respond within one business day and may take any action described in section 342.19 or 342.21. (i) A local government unit that issues cannabis retailer registration under section 342.22 may, by ordinance, limit the number of licensed cannabis retailers, cannabis mezzobusinesses with a retail operations endorsement, and cannabis microbusinesses with a retail operations endorsement to no fewer than one registration for every 12,500 residents. (j) If a county has one active registration for every 12,500 residents, a city or town within the county is not obligated to register a cannabis business. (k) Nothing in this section shall prohibit a local government unit from allowing licensed cannabis retailers in excess of the minimums set in paragraph (i). (l) Notwithstanding the foregoing provisions, the state shall not issue a license to any cannabis business to operate in Indian country, as defined in United States Code, title 18, section 1151, of a Minnesota Tribal government without the consent of the Tribal government. 84 July 9, 2024 Page 9 Exhibit B - Preliminary Map of Separation Distance Impacts Daycare locations – Approximate 500’ exclusion zone (not to exact scale) 85 ORDINANCE 2024-03 CITY OF ST. ANTHONY HENNEPIN AND RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE, BY AMENDING TITLE XI, SECTION 152.188 RELATING TO REGULATION OF THE SALE AND DISTRIBUTION OF CANNABIS PRODUCTS THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS: Section 1. Section §152.088 is hereby amended to read as follows: 152.188 CANNABIS FACILITIES (AKA MARIJUANA DISPENSARY) (A) Except as specifically provided for in this Section, Cannabis Facilities are prohibited in all districts. (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. (C) Where allowed by a C, Commercial of LI, Light Industrial District, and when specifically licensed by the State of Minnesota, Cannabis retail sales facilities shall meet the following separation distances, as measured by the closest point of a parcel on which a cannabis facility is located to the closest point of a parcel on which any of the following land uses are located: 1) Public or Private School as licensed by the State of Minnesota for such purpose, with any or all grades from Kindergarten through Grade 12, a distance of 1,000 feet must be maintained. 2) Public Parks, limited to Central Park, Emerald Park, Silver Point Park, Trillium Park, and Water Tower Park, a distance of 500 feet must be maintained. 3) Childcare Facilities, as licensed by either the State of Minnesota or the respective County in which the facility is located, no cannabis facility with any retail license shall be located on any parcel which is less than 100 feet from the parcel on which the licensed childcare facility is located, or the tenant space occupied by the licensed childcare facility and/or its appurtenant uses if located in a multi-tenant building. 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, 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. Formatted: Font: (Default) Times New Roman, 12 pt, Bold, Ligatures: None 86 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. ADOPTED BY the St. Anthony City Council this ____ day of ______, 2024. __________________________________ Wendy Webster, Mayor ATTEST: ___________________________________ Jennifer Doyle, City Clerk AYES: NAYS: 87 ORDINANCE NO. 2024-03 CITY OF ST. ANTHONY HENNEPIN AND RAMSEY COUNTY, MINNESOTA AN ORDINANCE AMENDING THE ST. ANTHONY CITY CODE, BY AMENDING TITLE XI, SECTION 152.188 RELATING TO REGULATION OF THE SALE AND DISTRIBUTION OF CANNABIS PRODUCTS THE CITY COUNCIL OF THE CITY OF ST. ANTHONY HEREBY ORDAINS: Section 1.Section §152.088 is hereby amended to read as follows: 152.188 CANNABIS FACILITIES (AKA MARIJUANA DISPENSARY) (A) Except as specifically provided for in this Section, Cannabis Facilities are prohibited in all districts. (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. (C) Where allowed by a C, Commercial of LI, Light Industrial District, and when specifically licensed by the State of Minnesota, Cannabis retail sales facilities shall meet the following separation distances, as measured by the closest point of a parcel on which a cannabis facility is located to the closest point of a parcel on which any of the following land uses are located: 1) Public or Private School as licensed by the State of Minnesota for such purpose, with any or all grades from Kindergarten through Grade 12, a distance of 1,000 feet must be maintained. 2) Public Parks, limited to Central Park, Emerald Park, Silver Point Park, Trillium Park, and Water Tower Park, a distance of 500 feet must be maintained. 3) Childcare Facilities, as licensed by either the State of Minnesota or the respective County in which the facility is located, no cannabis facility with any retail license shall be located on any parcel which is less than 300 feet from the parcel on which the licensed childcare facility is located, or the tenant space occupied by the licensed childcare facility and/or its appurtenant uses if located in a multi-tenant building. 4) Residential Substance Abuse Treatment Facilities, when properly licensed by the State of Minnesota, no cannabis facility with any retail license shall be located on any parcel which is less than 300 feet from the parcel on which the licensed treatment facility is located, or the tenant space occupied by the licensed treatment facility and/or its appurtenant uses if located in a multi-tenant building. 88 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, 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. ADOPTED BY the St. Anthony City Council this 9th day of July, 2024. __________________________________ Wendy Webster, Mayor ATTEST: ___________________________________ Jennifer Doyle, City Clerk AYES: NAYS: 89 THIS PAGE LEFT INTENTIONALLY BLANK 90 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 24-047 A RESOLUTION APPROVING SUMMARY PUBLICATION FOR ORDINANCE 2024-02 WHEREAS, the City Council of the City of St. Anthony has adopted the above referenced ordinance concerning City Code updates to Sections of the City Code relating to Beekeeping and Farm Animals. WHEREAS, Minnesota Statutes, section 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing maps or charts; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent of Ordinance 2024-02. NOW, THEREFORE, BE IT RESOLVED that: the following summary of Ordinance 2024-02 shall be published in the official paper in lieu of the entire ordinance. SUMMARY PUBLICATION Ordinance 2024-02 An Ordinance Amending Chapter 91, Sections 91.06 and 91.56 Relating to Beekeeping and Farm Animals The City Council of the City of St. Anthony adopted Ordinance 2024-02 on July 9, 2024, amending sections of the St. Anthony City Code. The amended ordinance elements include: Chapter 91 Sections 91.06 and 91.56 relating to Beekeeping and Farm Animals The full Ordinance is available for review at City Hall, St. Anthony City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418. Adopted this 9th day of July, 2024. _________________________________ Wendy Webster, Mayor ATTEST: _________________________ Jennifer Doyle, City Clerk Reviewed for administration: _________________________________ Charlie Yunker, City Manager 91 THIS PAGE LEFT INTENTIONALLY BLANK 92 CITY OF ST. ANTHONY VILLAGE STATE OF MINNESOTA RESOLUTION 24-048 A RESOLUTION APPROVING SUMMARY PUBLICATION FOR ORDINANCE 2024-03 WHEREAS, the City Council of the City of St. Anthony has adopted the above referenced ordinance concerning City Code updates to Sections of the City Code relating to Regulation of the Sale and Distribution of Cannabis Products. WHEREAS, Minnesota Statutes, section 412.191, subdivision 4 allows publication by title and summary in the case of lengthy ordinances or those containing maps or charts; and WHEREAS, the City Council believes that the following summary would clearly inform the public of the intent of Ordinance 2024-03. NOW, THEREFORE, BE IT RESOLVED that: the following summary of Ordinance 2024-03 shall be published in the official paper in lieu of the entire ordinance. SUMMARY PUBLICATION Ordinance 2024-03 An Ordinance Amending Section 152.188 Relating to Regulation of the Sale and Distribution of Cannabis Products The City Council of the City of St. Anthony adopted Ordinance 2024-03 on July 9, 2024, amending sections of the St. Anthony City Code. The amended ordinance elements include: Title XI, Section 152.188 Relating to the Regulation of The Sale and Distribution of Cannabis Products The full Ordinance is available for review at City Hall, St. Anthony City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418. Adopted this 9th day of July, 2024. _________________________________ Wendy Webster, Mayor ATTEST: _________________________ Jennifer Doyle, City Clerk Reviewed for administration: _________________________________ Charlie Yunker, City Manager 93 THIS PAGE LEFT INTENTIONALLY BLANK 94 2024 Goals Chart Mission & Vision Promote a high quality of life to those we serve through outstanding city services Saint Anthony is a Village where all people can live, work, learn, play and thrive Core Values Trust | Service | Inclusion Trust, Service and Inclusion are three words that best highlight the qualities that the City Council and staff strive to embody in service to the Saint Anthony Village community. The delivery of services by staff to Community is fulfilled in a respectful, courteous, and responsive manner. The work of Staff and Council to the community is conducted in a civil, and transparent manner. And the Council commits to ensuring equity of access, that voices are heard, and fairness in the policy-making process. These values are the basis for how decisions are made, how services are delivered, and ensures the city as a whole conducts itself in an accountable, transparent, respectful and responsive manner. Strategic Initiatives • Environmental Responsibility • Thriving Village • Informed & Engagement Community • Safe & Secure Community • Fiscal & Organizational Strength 95 Action Steps Environmental Responsibility CLIMATE PLAN • Begin Implementation • Assign Resources • Prioritization of policy review regarding: - Solar installations on public buildings - Requirements for EV charging for new multi-family projects - Water restrictions – enforcement and non-compliance fees • Sustainability Coordinator began on May 13th, 2024 • In coordination with WSB, a grant application has been submitted for solar installations on the Public Works building and the Water Treatment Plant. • The Parks & Environmental Commission discussed water restrictions compliance approach and if non-compliance fees are necessary. Input will be discussed with the City Council at a future work session. GREENSTEP CITIES • Continue program involvement and Gold Leaf participation • GreenStep 5 reporting completed by the Finance Department and submitted to Minnesota Pollution Control Agency staff on March 27th, 2024. • Saint Anthony Village enrolled in the Goal Leaf Challenge for 2024 and will complete at least one action step. WATER SERVICE LINE INVENTORY • Complete by Oct ‘24 • Communication in Winter, Spring and Summer village Notes newsletter encouraging residents to submit a photo of their service line. • Postcard mailed city-wide, instructional videos promoted on City social media, and a door-hanger will be distributed in July. • 855 households have submitted as of July 3, 2024. Thriving Village AFFORDABLE HOUSING • Preserve naturally occurring affordable housing (NOAH) • Advocate for residents facing rent pressure • Staff has drafted ordinance language to regulate short- term rentals per direction given at a joint City Council and Planning Commission held a joint work session on November 21, 2023. City Council and Planning Commission will review and discuss further. • Council has attended community meetings with residents and discussed the issue with State representatives during City Day on the Hill on March 7th, 2024. SENIOR SERVICES • Clarify community partner roles to support services for seniors • 96 PEDESTRIAN & BIKE-FRIENDLY ROUTES • Begin Drafting Active Transportation Plan • Staff is working with WSB & Associates to facilitate a joint City Council, Planning Commission and Parks & Environmental Commission meeting on September 17th, 2024 This will identify high level priorities and inform a grant application for further planning. ENGAGE BUSINESSES • Partner with Chamber of Commerce to build relationships with businesses • Communications staff worked with the Chamber of Commerce Executive Director to help promote their events via Village Notes and City social media. • Informed & Engaged Community CITY COUNCIL ENGAGEMENT • Foster a culture of open dialogue with residents through Coffee with the Council, community events and partner organizations • City Council has conducted extensive community engagement around the Falcon Heights Police Services exploratory process. PUBLIC SAFETY ENGAGEMENT • Continue priority of community relations through interactions at Night to Unite, Coffee with the Chief, and community events • Night to Unite details in Summer Village Notes, Electronic Sign, Online News & Updates and Social Media 22 Night to Unite party registrations as of July 3, 2024. SISTER CITIES PROGRAM • Use program to help advance city goals • Safe & Secure Community UPDATE POLICE DEPARTMENT STRATEGIC PLAN • Engage new department leadership in updating the plan with particular emphasis on: - Recruitment - Leadership training - Community relations • CANNABIS • Draft appropriate city regulations • Consider city-operated dispensary • Draft land-use regulations being presented to the City Council on June 11th, 2024. Final adoption is expected at the July 9th, 2024 City Council Meeting. • On June 11th, 2024 City Council reviewed staff exploration to date and gave initial consent to seek a retailers license for a municipal dispensary. Further analysis in progress. 97 MENTAL HEALTH • Continue Public Safety joint mental health initiatives • Connect residents with existing mental health resources • Partnership with Northeast Youth and Family Services Community continues. In 2024 to date, xx calls for service classified as mental health. x agreed to referrals to access NYFS services. • Continue to connect with Hennepin and Ramsey County Adult/Juvenile protection and mobile crises teams to connect residents with existing mental health and quality of life resources. Fiscal & Organizational Strength DEVELOP EXIT PLAN FOR EXISTING TIF DISTRICTS • Draft plan with financial consultant in early ‘24 • Ehlers presented current status and options for a portion of existing districts in Silver Lake Village to the City Council at the April 9th, 2024 Work Session. CITY FACILITIES • Continue discussions on future facility needs • Discuss funding as it relates to overall city capital planning • Fire Department relocated equipment to accommodate a Deputy Fire Chief office. City Council approved the contract for construction of the office at the May 28, 2024 City Council Meeting. • Staff met with Oertel Architects, LTD on June 25th, 2024 to further discuss Police Department facility needs to accommodate possible expansion with the Falcon Heights police services exploration. • At multiple Work Sessions and regular City Council Meetings the concept of pricing a police services contract with Falcon Heights would fund the debt service on upgrades to the Police Department facility. STREET & UTILITY PROJECTS • Integrate partner projects with city contribution • Engineering staff has been in contact with Hennepin County staff on reconstruction of Kenzie Terrance. Indications are this is scheduled for 2030/2031 and will require cost sharing and an opportunity for City-desired enhancements at the City’s costs as well. When cost estimates are available, the project will be integrated into the City’s Street Reconstruction Program schedule. STAFFING • Address challenges with recruitment of new staff members • Police Department representatives attended law enforcement career fair to promote the City and increase applicant pool. • Communications supporting efforts with social media campaign to utilize videos and establish consistent branding. Measuring results via website landing page. 98 Date Type Staff Present July 23 Work Session Police Services Contract Exploration Update City Council City Manager Police Chief 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 August 15 Work Session Discuss Updated Levy Scenarios/Detailed General Fund Budget City Council City Manager Finance Director August 15 Regular Planning Commission items from July Canvass Special Election Results Approval of Refuge Median Approve 2025 Feasibility Study and Order Plans and Specs City Council City Manager August 27 Work Session Administrative Fines for Code Violations City Council City Manager City Planner August 27 Regular 2025 Proposed Budget & Levy Presentation City Council City Manager Finance Director September 10 Work Session City Facilities Discussion City Council City Manager City Planner September 10 Regular Commissioner MaryJo McGuire Presentation Planning Commission items from August 2024 Preliminary Operating Budget and Debt Levy‐PUBLIC HEARING Students in Leadership‐Consent City Council City Manager Finance Director Engineer September 17 Joint Work Session Active Transportation Planning (Joint with Planning and PEC) City Council City Manager City Planner September 24 Regular Spirit of St. Anthony Award Fire Prevention Presentation Approve Union Contracts City Council City Manager Police Dept Fire Dept October 8 Work Session 2024 Long Term Capital Budget Plans City Council City Manager Finance Director October 8Regular Preliminary Certification of Delinquent Waste Hauler Accounts‐Consent Agenda Preliminary Certification of Delinquent Utility Accounts‐Consent Agenda Planning Commission items from September Approval of Sale of Bonds City Council City Manager October 22 Work Session Requirements for EV charging for new multi‐family projects City Council City Manager City Planner October 22 Regular Quarterly Donations & Grants Quarterly Goals Update City Council City Manager Finance Director November 12 Work Session City Council City Manager 2024 FUTURE COUNCIL AGENDA ITEMS 99 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS November 12 Regular Planning Commission items from October 1st Reading Water, Sewer, & Stormwater‐PUBLIC HEARING Presentation on Water and Sewer Rates Canvass election results Approval of CIP City Council City Manager Finance Director November 18 Work Session Commission Interviews City Council City Manager November 26 Regular Fire Prevention Poster Winners 2nd Reading and Adoption Water, Sewer, & Stormwater Street Project Approve Plans & Specifications, Authorize Advertisement for Bids Union Contracts City Council City Manager December 10 Work Session City Council City Manager December 10 Regular Planning Commission items from November Appoint Parks and Planning Commissioners and Chair/Vice Chairs Setting Salary of City Manager Authorizing Transfers & Closing of Specified Funds Setting the 2025 City & HRA Budgets and Final Property Tax Levy ‐PUBLIC HEARING 2025 Fee Schedule MS4 Quarterly Goals update Final reading and adoption of water, sewer, & stormwater City Council City Manager Finance Director December 25 Regular January 14 Work Session City Council City Manager January 14 Regular Planning Commission items from December Housekeeping Resolutions Resolution for the Street Improvement Bond Reimbursement Quarterly Donations & Grants NYFS Agreement Outside Orgs‐Council Students in Government Presentation City Council City Manager January 28 Regular Public Works Snow Plowing Operations presentation City Council City Manager PW Director February 11 Work Session City Council City Manager February 11 Regular Police Chief Swearing‐In Planning Commission items from January Public Hearing‐2025 Budget Calendar and Process 2025 Planning Commission Work Plan‐ (motion only) 2025 Parks and Environmental Commission Work Plan‐ (motion only) Administration Annual Report Liquor License Renewals (Consent Agenda) City Council City Manager Finance Director 2025 100 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS February 25 Work Session City Council City Manager February 25 Regular Water Conservation Poster Winners Adoption of Strategic Plan Liquor Annual Report City Council City Manager Liquor Op Manager March 11 Work Session City Council City Manager March 11 Regular Planning Commission Items from February Public Works Annual Report City Council City Manager Public Works Director March 25 Regular Police Annual Report Call for Public Hearing on Road Improvements and Assessments Order the Preparation of Assessments City Council City Manager Police Dept WSB April 8 Work Session City Council City Manager April 8Regular Planning Commission Items from March Quarterly Donations & Grants Hennepin County Commissioner Irene Fernando Fire Annual Report Arbor Day Proclamation Earth Day Proclamation Quarterly Goals Update City Council City Manager Fire Dept April 22 Regular Finance Annual Report Insurance Renewal & Tort Limits‐ Consent Road Improvements and Assessments‐ PUBLIC HEARING Villager of the Year and Business of the Year City Council City Manager Finance Director WSB May 13 Work Session City Council City Manager May 13 Regular Planning Commission items from April City Council City Manager June 10 Work Session City Council City Manager June 10 Regular Planning Commission Items from May Authorize preparation of feasibility study for 2026 street project City Council City Manager June 24 Work Session Discuss Initial Debt Levy/Updated Street Improvement Plan City Council City Manager Finance Director June 24 Regular City Council City Manager WSB July 9 Work Session 2026 Initial Property Tax Levy Scenarios City Council City Manager Finance Director 101 Date Type Staff Present FUTURE COUNCIL AGENDA ITEMS July 9Regular Planning Commission items from June Quarterly Donations & Grants Audit Report Quarterly Goals Update City Council City Manager Finance Director Police Chief 102