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ARDEN HILLS CITY COUNCIL — AUGUST 28, 2023 8 <br />Public Works Director/City Engineer Swearingen stated heavy frost may be in the ground by <br />December 1, but he believed 150 days was adequate for snow fencing. <br />Councilmember Monson suggested temporary fences be allowed for a duration not to exceed <br />150 days, and snow fencing must be removed no later than "X" and the Council could set a <br />specific date. <br />Councilmember Fabel asked how many complaints the City receives on an annual basis <br />regarding temporary fences. <br />Community Development Director Jagoe estimated the City receives one to three complaints a <br />year. <br />Councilmember Rousseau inquired when winter fencing should be removed. <br />Public Works Director/City Engineer Swearingen explained he relied on MNDOT to dictate <br />when frost was leaving the ground. <br />Councilmember Holden recalled the City has had several law suits regarding fences. She <br />indicated temporary permits were allowed without permits in the past. She supported temporary <br />snow fences being removed by April 1. She questioned where additional language would be added <br />regarding the fencing requirements. <br />City Attorney Jamnik recommended this be added to Subparagraph C in the sixth line from the <br />bottom. <br />Mayor Grant opened the public hearing at 8:22 p.m. <br />With no one coming forward to speak, Mayor Grant closed the public hearing at 8:23 p.m. <br />B. Planning Case 2023-014 — Zoning Code Amendment — Chapter 13, Sale Of <br />Lower -Potency Hemp Edibles <br />Community Development Director Jagoe stated on July 1, 2022, the Minnesota Legislature <br />adopted an amendment that permits the sale of edible cannabinoid products that contain no more <br />than 0.3% of tetrahydrocannabinol (a derivative of hemp). The amendment was enacted with very <br />few regulations in place. Several cities adopted a moratorium in order to allow adequate time to <br />study the matter. On August 22, 2022, the City of Arden Hills adopted Interim Ordinance 2022- <br />006 establishing a one-year moratorium prohibiting the sale, testing, manufacturing, and <br />distribution of products containing tetrahydrocannabinol (THC). It is important to note this <br />moratorium does not apply to products containing THC related to the Medical Cannabis Program <br />as administered by the Minnesota Department of Health, provided the activity is conducted in <br />accordance with state law regarding medical cannabis. Interim Ordinance 2022-006 will expire on <br />August 22, 2023. <br />Community Development Director Jagoe reported as of May 31, 2023, there has also been a <br />recent state law change relating to adult use marijuana/cannabis. This state law includes language <br />