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HomeMy WebLinkAbout11-25-24-RMayor: Address: David GrantIt 1245 W Highway 96 Arden Hills MN 55112 -A HILLS Councilmembers: EN Phone: Brenda Holden 651-792-7800 Emily Rousseau Regular City Council Tena Monson Website: Tom Fabel Agenda www.cityofardenhills.org November 25, 2024 7:00 p.m. City Hall City Vision Arden Hills is a strong community that values its unique environmental setting, strong residential neighborhoods, vital business community, well -maintained infrastructure, fiscal soundness, and our long-standing tradition as a desirable City in which to live, work, and play. Members of the public may attend a meeting in -person at City Hall or they may view the meeting remotely on the City's website using the below link. Meetings are also broadcast on Cable Channel 16 for those that live in Arden Hills. https://cityofardenhills.orci/320/Watch- City-Meetings This meeting will be streamed live on local Cable Channel 16 and available for playback on our website. CALL TO ORDER 1. APPROVAL OF AGENDA 2. TCAAP/Rice Creek Commons Update Jessica Jagoe, Interim City Administrator 3. PUBLIC INQUIRIES/INFORMATIONAL This is an opportunity for citizens to respectfully bring to the Council's attention any items which are relevant to the City. In addressing the Council, you must first state your name and address for the record. Comments shall be limited to three (3) minutes or less. Written documents or other materials should be handed to the City Clerk for distribution to the Council prior to or during the meeting. Council will generally not respond at the same meeting where an issue is initially raised by a member of the public but the Council may refer the issue to staff for further research and possible report or action at a future Council meeting. 4. RESPONSE TO PUBLIC INQUIRIES 5. PUBLIC PRESENTATIONS 5.A. Senator Update Senator John Marty Documents: MEMO.PDF 5.B. State Representative Update State Representative Moller Documents: MEMO.PDF 6. STAFF COMMENTS 7. APPROVAL OF MINUTES 8. CONSENT CALENDAR Those items listed under the Consent Calendar are considered to be routine by the City Council and will be enacted by one motion under a Consent Calendar format. There will be no separate discussion of these items, unless a Councilmember so requests, in which event, the item will be removed from the general order of business and considered separately in its normal sequence on the agenda. 8.A. Motion To Approve Claims And Payroll Joua Yang, Finance Director Pang Silseth Accounting Analyst Documents: MEMO.PDF 8.B. Motion To Approve Ramsey County Joint Powers Agreement For Recycling Funding Jen Estling, Deputy Clerk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 8.C. Motion To Approve Resolution 2024-053 Authorizing The Application For Recycling SCORE Grant Funds From Ramsey County For 2025 Jen Estling, Deputy Clerk Documents: MEMO.PDF ATTACHMENT A.PDF 8.D. Motion To Acknowledge The Application Of Ducks Unlimited North Suburban Chapter 239 For An Exempt Permit To Conduct A Raffle With The Event Being January 23, 2025, With No Waiting Period Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 8.E. Motion To Approve Resolution 2024-054 Certifying The 2024 Municipal Election Canvass Recount Results Julie Hanson, Assistant to the City Administrator/City Clerk Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF 9. PULLED CONSENT ITEMS Those items that are pulled from the Consent Calendar will be removed from the general order of business and considered separately in its normal sequence on the agenda. 10. PUBLIC HEARINGS 10.A. Quarterly Special Assessments For Delinquent Utilities Joua Yang, Finance Director Amy LaMere, Accounting Clerk Documents: MEMO.PDF 10.13. Planning Case 24-019 Amending Chapter 13 - Zoning Code - Cannabis Zoning Standards T.J. Hofer, Consultant Planner Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF ATTACHMENT D.PDF ATTACHMENT E.PDF ATTACHMENT F.PDF ATTACHMENT G.PDF 11. NEW BUSINESS 11.A. Resolution 2024-055 Adopting And Confirming Quarterly Special Assessments For Delinquent Utilities Joua Yang, Finance Director Amy LaMere, Accounting Clerk Documents: MEMO.PDF ATTACHMENT A.PDF 11.13. Ordinance 2024-015 Amending Chapter 13 - Zoning Code Sections 1305, 1320 And 1325 - Cannabis Zoning Standards For Planning Case 24-019 And Authorization To Publish A Summary Ordinance 2024-015 T.J. Hofer Consultant Planner Documents: MEMO.PDF ATTACHMENT A.PDF ATTACHMENT B.PDF ATTACHMENT C.PDF 12. UNFINISHED BUSINESS 13. COUNCIL/STAFF COMMENTS ADJOURN PUBLIC PRESENTATION - 5A '!Tt -AII�)E_N HILLS MEMORANDUM DATE: November 25, 2024 TO: Honorable Mayor and City Councilmembers FROM: Jessica Jagoe, Interim City Administrator SUBJECT: Update from Senator John Marty Budgeted Amount: Actual Amount Funding Source: A verbal update will be provided at the Council meeting by Senator Marty. Page 1 of 1 PUBLIC PRESENTATION - 5B -i3R�EN HILLS MEMORANDUM DATE: November 25, 2024 TO: Honorable Mayor and City Councilmembers FROM: Jessica Jagoe, Interim City Administrator SUBJECT: Update from State Representative Kelly Moller Budgeted Amount: Actual Amount: Funding Source: A verbal update will be provided at the Council meeting by State Representative Moller. Page 1 of 1 CONSENT ITEM - 8A -ARZENHILLS MEMORANDUM DATE: November 25, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM• Joua Yang, Finance Director Pang Silseth, Accounting Analyst SUBJECT: Claims and Payroll Listing Budgeted Amount: Actual Amount: N/A N/A Council Should Consider Motion to approve, table or deny the following: • Claims and Payroll Listing All items need a simple majority for action unless otherwise noted. Funding Source: N/A Background Payroll is processed biweekly and accounts payable is processed weekly. Budget Impact N/A Attachments 2024 Payroll #24 Paid Claims - 11/02/2024-11/15/2024 (Check Nos. 52968-53000 and ACH Checks) Total Payroll $96,024.24 $96,024.24 $370,608.45 Total Accounts Payable $370,608.45 Total Claims $466,632.69 CITY OF ARDEN HILLS PAYROLL # 24 CHECKS DATED: 11/22/24 Biweekly: 11/02/24 - 1/15/24 EMPLOYEE DEDUCTIONS AMT. CITY BENEFIT Payment Method FIT 7,603.16 EFT EFT EFT EFT A/P Check* A/P Check* A/P Check* A/P Check* FICA Oasdi 4,951.55 4,951.55 FICA Medicare 1,158.03 1,158.03 SIT 3,374.37 TOTAL TAXES 1 17,087.111 6,109.58 Health Premium 2,223.00 0.00 Dental Premium 186.69 0.00 FSA Health Care Reimb. 133.33 FSA Dependent Care Reimb. 0.00 TOTAL FLEXIBLE SPENDING 2.543.02 0.00 HSA Health Saving 1 1,152.031 0.00 TOTAL HEALTH SAVINGS 1 1,152.031 0.00 ral Pension Fund -Union State Retirement System FAL RETIREMENT ife/Addl/Dep Life ife/Addl non -tax TD/STD Insurance ERA Life Insurance JOE 49 Dues (Unic =FT EFT EFT A/P Check* EFT 5,422.78 6,257.04 1,225.09 0.00 1,536.00 1,700.00 9.883.871 6.257.04 22.76 49.29 20.80 0.00 40.00 140.00 Total Employee Deductions 30,938.88 Net Payroll 0.00 Direct Deposit 52,718.24 Gross Payroll Tie -Out 83,657.62 Plus City Paid Benefit 12,366.62 TOTAL PAYROLL COST 96,024.24 FICA TIE -OUT Gross Payroll 83,657.62 Less Total FSA 2,543.02 Less Total H.SA 1,152.03 Less Voluntary Ins 43.56 Net P/R Subject to FICA 79,919.01 FICA Oasdi @ 6.20% 4,951.55 FICA Medicare @ 1.45% 1,158.03 EFT I A/P Check* A/P Check* A/P Check* A/P Check* A/P Check* EFT Note: Federal and State Payroll Tax obligations are satisfied by means of utilizing the US Bank Easy Tax Deposit Service. Transfers are typically made up to two days after the payroll date. * A/P Checks can be found on the ACCOUNTS PAYABLE Check Approval report. Checks may be paid this week or the following week. Accounts Payable Checks by Date - Detail by Check Date User: pang.silseth Printed: 11/20/2024 4:15 PM �RQEN HIILLS Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference ACH 0230 MTI DISTRIBUTING INC 11/08/2024 1453669-00 Irrigation Supplies 566.10 Total for this ACH Check for Vendor 0230: 566.10 ACH 0243 METROPOLITAN COUNCIL -WASTE WE 11/08/2024 0001179083 December Waste Water 75,140.22 Total for this ACH Check for Vendor 0243: 75,140.22 ACH 0285 XCEL ENERGY 11/08/2024 900382615 9/16/24-10/14/24 457.78 900382615 9/16/24-10/14/24 1,790.42 900382615 9/16/24-10/14/24 47.66 900382615 9/16/24-10/14/24 212.89 900382615 9/16/24-10/14/24 42.79 900382615 9/16/24-10/14/24 1,233.88 900382615 9/16/24-10/14/24 1,820.81 Total for this ACH Check for Vendor 0285: 5,606.23 ACH 0327 STAPLES INC 11/08/2024 6014401036 Supplies 9.49 6014537397 Supplies 6.09 6014827871 Supplies 127.94 6014827871 Supplies 81.75 Total for this ACH Check for Vendor 0327: 225.27 ACH 0329 MICHAEL CHRISTOFORE 11/08/2024 110424 Mileage Reimbursement-IUOE Training 489.10 Total for this ACH Check for Vendor 0329: 489.10 ACH 0387 MISSIONSQUARE #302482 11/08/2024 PR 24-23 PR Batch 00100.11.2024 ICMA Employee Perce PR Batch 00100.11.2024 ICM 230.45 PR 24-23 PR Batch 00100.11.2024 ICMA Employee Dedu PR Batch 00100.11.2024 ICM 1,000.00 Total for this ACH Check for Vendor 0387: 1,230.45 ACH 10433 STEVEN BAAR 11/08/2024 110524 Mileage Reimbursement-IUOE Training 556.10 Total for this ACH Check for Vendor 10433: 556.10 ACH 10474 RECYCLE TECHNOLOGIES 11/08/2024 250478 Clean Up Day 4,347.50 Total for this ACH Check for Vendor 10474: 4,347.50 ACH 10497 CINTAS CORP 11/08/2024 AP Checks by Date - Detail by Check Date (11/20/2024 4:15 PM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 5236508203 Fisrt Aid 102.69 Total for this ACH Check for Vendor 10497: 102.69 ACH 2279 NORMS TIRE SALES INC 11/08/2024 85545 Tires#85108 312.00 Total for this ACH Check for Vendor 2279: 312.00 ACH 5173 BADGER METER 11/08/2024 80176376 Beacon & LTE Sery Units -October 904.80 Total for this ACH Check for Vendor 5173: 904.80 ACH 6555 TKDA INC 11/08/2024 002024005863 2024 CIPP Lining 9/29-10/26 1,818.76 Total for this ACH Check for Vendor 6555: 1,818.76 ACH 7804 MARTIN MARIETTA MATERIALS INC 11/08/2024 44198552 Aggregate Purchase 1,361.77 Total for this ACH Check for Vendor 7804: 1,361.77 ACH 8032 PACE ANALYTICAL FIELD SVC INC 11/08/2024 24121958 August Drinking Water Survey 1,182.40 24121960 September Drinking Water Survey 1,892.50 Total for this ACH Check for Vendor 8032: 3,074.90 52968 0131 BEISSWENGERS DO IT BEST 11/08/2024 928273 Supplies 35.05 Total for Check Number 52968: 35.05 52969 10483 CENTRAL PENSION FUND 11/08/2024 401333.1024 Apprenticeship -October 384.00 Total for Check Number 52969: 384.00 52970 CPFI CENTRAL PENSION FUND SOURCE A 11/08/2024 184503.1024 October Pension 3,072.00 Total for Check Number 52970: 3,072.00 52971 1033 COMCAST 11/08/2024 101030.1124 Service 11/3-12/2 108.35 Total for Check Number 52971: 108.35 52972 0849 FRA-DOR INC 11/08/2024 2410008 Mulch 202.50 Total for Check Number 52972: 202.50 52973 0447 I.U.O.E LOCAL 49 BENEFIT FUND-INSI 11/08/2024 BP3.1224 December Insurance 11,800.00 N134.1224 December Insurance 1.682.00 52974 10330 KLEIN UNDERGROUND LLC 59305 Water Break Repair-1202 Karth Lake Dr Total for Check Number 52973: 13,482.00 11/08/2024 3,530.00 AP Checks by Date - Detail by Check Date (11/20/2024 4:15 PM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 52974: 3,530.00 52975 10362 MARCO TECHNOLOGIES LLC 11/08/2024 INVI3095188 Service 10/25-11/24 13.62 INVI3095188 Service 10/25-11/24 77.18 Total for Check Number 52975: 90.80 52976 10458 MARUDAS GRAPHICS INC 11/08/2024 94491 Checks 211.45 Total for Check Number 52976: 211.45 52977 1058 MIDC ENTERPRISES INC 11/08/2024 I0052062 Supplies 7.34 Total for Check Number 52977: 7.34 52978 1161 VALLEY -RICH CO INC 11/08/2024 33840 3129 County Rd 47 (E) 5,283.56 Total for Check Number 52978: 5,283.56 52979 10568 VERIZON CONNECT 11/08/2024 336000062516 October Service 334.95 Total for Check Number 52979: 334.95 Total for 11/8/2024: 122,477.89 ACH 0189 GOPHER STATE ONE CALL 11/15/2024 4100190 October Locates 54.45 4100190 October Locates 54.45 4100190 October Locates 54.45 Total for this ACH Check for Vendor 0189: 163.35 ACH 0192 GRAINGER INC 11/15/2024 9300677755 Supplies 81.55 9301210861 Supplies 61.92 9304022545 Supplies 151.00 9305397805 Supplies 48.68 Total for this ACH Check for Vendor 0192: 343.15 ACH 0230 MTI DISTRIBUTING INC 11/15/2024 1455307-00 Supplies 41.34 Total for this ACH Check for Vendor 0230: 41.34 ACH 0292 OXYGEN SERVICE COMPANY INC 11/15/2024 0003600744 October Rental 37.94 Total for this ACH Check for Vendor 0292: 37.94 ACH 0320 HEALTH PARTNERS INC 11/15/2024 009592859860 December Insurance 1,220.47 009592859860 December Insurance & Oct/Nov Adjustment 20,343.38 AP Checks by Date - Detail by Check Date (11/20/2024 4:15 PM) Page 3 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 0320: 21,563.85 ACH 0381 MISSIONSQUARE RETIREMENT 11/15/2024 20240930-109320 Q4 2024 Plan Fee 250.00 Total for this ACH Check for Vendor 0381: 250.00 ACH 0453 CONTINENTAL RESEARCH CORP 11/15/2024 0058840 Supplies 387.00 Total for this ACH Check for Vendor 0453: 387.00 ACH 0761 ELECTRIC PUMP INC 11/15/2024 027092 Evoqua Interface Liftstation 8 and 5 2,461.36 027271 Karth Lake Pump Motor Starter 997.25 Total for this ACH Check for Vendor 0761: 3,458.61 ACH 0922 NINENORTH 11/15/2024 2024-176 JDA-October 188.10 2024-176 October AudioNisual 1,189.85 Total for this ACH Check for Vendor 0922: 1,377.95 ACH 10363 MINUTE MAKER SECRETARIAL 11/15/2024 M1959 October CC Meeting Minutes 466.25 Total for this ACH Check for Vendor 10363: 466.25 ACH 1254 NUSS TRUCK & EQUIPMENT 11/15/2024 ESA001622-1 2025 Mack Truck Chassis 133,150.34 Total for this ACH Check for Vendor 1254: 133,150.34 ACH 1363 WATER CONSERVATION SERVICES IN( 11/15/2024 14419 Leak Locate -Red Fox/Dunlap 529.48 Total for this ACH Check for Vendor 1363: 529.48 ACH 1889 DAVID PERRAULT 11/15/2024 20243 Professional Services -October 500.00 Total for this ACH Check for Vendor 1889: 500.00 ACH 2490 CORE & MAIN LP 11/15/2024 V929844 Hydrant Guards 4,400.00 Total for this ACH Check for Vendor 2490: 4,400.00 ACH 6555 TKDA INC 11/15/2024 002024006143 South Tower 9/29-10/26 396.00 Total for this ACH Check for Vendor 6555: 396.00 ACH 7025 ON SITE COMPANIES -OSSTC INC 11/15/2024 0001805069 Restrooms 10/26-11/22 858.00 Total for this ACH Check for Vendor 7025: 858.00 ACH 7508 MED COMPASS 11/15/2024 46435 Annual Hearing Test 775.00 AP Checks by Date - Detail by Check Date (11/20/2024 4:15 PM) Page 4 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for this ACH Check for Vendor 7508: 775.00 ACH 7804 MARTIN MARIETTA MATERIALS INC 11/15/2024 44333685 Select Granular Purchase 1,705.28 44333686 Aggregate Purchase 655.24 Total for this ACH Check for Vendor 7804: 2,360.52 ACH 8032 PACE ANALYTICAL FIELD SVC INC 11/15/2024 24122052 October Drinking Water Survey 1,289.00 Total for this ACH Check for Vendor 8032: 1,289.00 ACH FPTC FLEXIBLE PIPE TOOLS AND EQUIPME 11/15/2024 30714 Supplies 74.20 Total for this ACH Check for Vendor FPTC: 74.20 ACH ZARN ZARNOTH BRUSH WORKS INC 11/15/2024 0199935-IN Gutter Brooms 3,100.00 Total for this ACH Check for Vendor ZARN: 3,100.00 52980 10558 ADVANCED PACKAGING & PLASTICS 11/15/2024 010586 Red Poly Bags 686.00 Total for Check Number 52980: 686.00 52981 1033 COMCAST 11/15/2024 98681.1124 Service 11/5-12/4 111.52 Total for Check Number 52981: 111.52 52982 10244 COMCAST BUSINESS INC 11/15/2024 222187745 Service 11/1-11/30 509.40 Total for Check Number 52982: 509.40 52983 AR-CONS1 CONSOLIDATED COMMUNICATIONS ] 11/15/2024 ROW 2019-00929 Escrow Refund #470 ROW 2019-00929; 3920 N 1,000.00 ROW 2021-00627 Escrow Refund #581 ROW 2021-00627; 1200 R 1,000.00 ROW 2022-00039 Escrow Refund #640 ROW 2022-00039; 1253 C 1,000.00 ROW 2022-00906 Escrow Refund #675 ROW 2022-00906; 3737 L 1,000.00 Total for Check Number 52983: 4,000.00 52984 0841 EHLERS & ASSOCIATES INC. 11/15/2024 99496 TCAAP-October 1,627.50 Total for Check Number 52984: 1,627.50 52985 6954 EMERGENCY APPARATUS MAINTENA 11/15/2024 134191 DOT Inspection #85431 433.39 134192 DOT Inspection #85321 433.39 Total for Check Number 52985: 866.78 52986 0176 FRATTA.LLONES HARDWARE INC 11/15/2024 E44360/A Supplies 15.28 E54595/A Supplies 6.99 AP Checks by Date - Detail by Check Date (11/20/2024 4:15 PM) Page 5 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference Total for Check Number 52986: 22.27 52987 1040 HOISINGTON KOEGLER GROUP INC 11/15/2024 024-028-5 Zoning Code Update -October 4,673.25 Total for Check Number 52987: 4,673.25 52988 0390 INT'L UNION OPERATING ENGINEERS 11/15/2024 1200.1124 November Dues 280.00 Total for Check Number 52988: 280.00 52989 10460 LANO EQUIPMENT INC 11/15/2024 02-1115011 2025 Felling Trailer 16,890.70 Total for Check Number 52989: 16,890.70 52990 10448 MARCO TECHNOLOGIES LLC 11/15/2024 541553152 Copier 11/25-12/25 35.36 541553152 Copier 11/25-12/25 200.35 Total for Check Number 52990: 235.71 52991 5443 METRO PRODUCTS INC 11/15/2024 182377 Supplies 711.77 Total for Check Number 52991: 711.77 52992 10590 MINNESOTA DEPARTMENT OF PUBLI( 11/15/2024 111324 Duplicate Plate Year Sticker #85318 29.00 Total for Check Number 52992: 29.00 52993 1208 PREMIUM WATERS INC 11/15/2024 610207-10-24 October Water 60.45 613317-10-24 October Water 125.67 Total for Check Number 52993: 186.12 52994 0811 RAMSEY COUNTY 11/15/2024 EMCOM-012012 Fleet Support -October 24.96 EMCOM-012048 911 Dispatch -October 5,084.42 EMCOM-012065 CAD Services -October 781.75 FLEET-000935 August Fuel 3,108.46 FLEET-000939 Equipment Parts -August 576.89 FLEET-000939 Equipment Service -August 1,929.00 FLEET-000942 Equipment Parts -September 761.39 FLEET-000942 Equipment Service -September 331.40 FLEET-000946 September Fuel 2,316.79 PRMG-005544 PW Rental Space -November 5,843.55 PRMG-005544 PW Rental Space -November 2,921.78 PRMG-005544 PW Rental Space -November 2,921.78 PRMG-005544 PW Rental Space -November 1,298.56 Total for Check Number 52994: 27,900.73 52995 0282 REPUBLIC SERVICES #899 11/15/2024 0899-004596827 PW Waste -October 404.43 Total for Check Number 52995: 404.43 AP Checks by Date - Detail by Check Date (11/20/2024 4:15 PM) Page 6 Check No Vendor No Vendor Name Check Date Check Amount Invoice No Description Reference 52996 AR-TELC TELCOM CONSTRUCTION INC. 11/15/2024 ROW 2024-00143 Escrow Refund #744 ROW 2024-00143; 1325 A 1,000.00 ROW 2024-00508 Escrow Refund #762 ROW 2024-00508; 3936 R 2,000.00 ROW 2024-00657 Escrow Refund #768 ROW 2024-00657; 1761 L 2,000.00 ROW 2024-00866 Escrow Refund #781 ROW 2024-00866; 3433 L 1,000.00 Total for Check Number 52996: 6,000.00 52997 3099 TRI STATE BOBCAT INC-LITTLE CANA 11/15/2024 A41938 Parts 1,094.90 Total for Check Number 52997: 1,094.90 52998 AR-UNIV3 UNIVERSAL SERVICES INC 11/15/2024 ROW 2024-00059 Escrow Refund #737 ROW 2024-0059;1200 Cot 1,000.00 Total for Check Number 52998: 1,000.00 52999 1081 UTILITY LOGIC 11/15/2024 15052 Feromagnetic Locator 305.00 15052 Feromagnetic Locator 305.00 15052 Feromagnetic Locator 305.00 15052 Feromagnetic Locator 305.00 Total for Check Number 52999: 53000 1161 VALLEY -RICH CO INC 11/15/2024 33921 Watermain Repair Karth Lake Dr Total for Check Number 53000: Total for II/15/2024: Report Total (68 checks): 1,LLu.uu 4,158.50 4,158.50 248,130.56 J /U.0UZ5.4_') AP Checks by Date - Detail by Check Date (11/20/2024 4:15 PM) Page 7 CONSENT ITEM - 8B r -ARPEN HILLS MEMORANDUM DATE: 11/25/2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: Jen Estling, Deputy Clerk SUBJECT: Ramsey County Joint Powers Agreement for Recycling Funding Budgeted Amount: Actual Amount: Funding Source: E11 Council Should Consider E11 Motion to approve, table, or deny the following: Approval of the Ramsey County Joint Powers Agreement for Recycling Funding for January 1, 2025 through December 31, 2029. Background Since 1999, the City of Arden Hills has approved a Joint Powers Agreement (JPA) with Ramsey County for the collection of the residential recycling fee. The residential recycling fee is a special assessment on the property tax statement, which was set by the City at $60.00 per participating household in 2024. The JPA does not set the rate but rather allows the City to collect our current rate through property taxes. The County collects this revenue and transfers it to the City for deposit into the recycling enterprise fund. The revenue is only used for the residential recycling and community cleanup program. The recycling program is entirely funded by this fee and the SCORE Grant from Ramsey County. The existing JPA was approved in 2019 and is set to expire on December 31, 2024. The County has the same JPA with the cities of Lauderdale, New Brighton, North Oaks, St. Paul, St. Anthony and Shoreview. The proposed JPA is also a five-year agreement that would begin on January 1, 2025, and expire on December 31, 2029. Page 1 of 2 The City shall comply with all requirements as laid out in the 2025 SCORE grant agreement and all forthcoming SCORE grant agreements through the duration of this Agreement. If the City determines that there is a better method for collecting the fee prior to the expiration of the proposed JPA in 2029, the City can terminate the JPA without cause with 180 days' notice to the County. In the future, the City could consider applying the recycling fee to utility bills; however, the City would want to weigh the County administrative fee against the cost of additional City staff time. The City Attorney has reviewed the JPA and did not have any changes. Attachments Attachment A: Expiring Joint Powers Agreement with Ramsey County Attachment B: Proposed Joint Powers Agreement with Ramsey County Page 2 of 2 Attachment A JOINT POWERS AGREEMENT FOR RECYCLING FUNDING This Agreement is between the County of Ramsey, ("County"), and the City of Arden Hills ("City"). WHEREAS, Ramsey County requires municipalities to assure recycling service is available to all residents at their place of residence; and, WHEREAS, Ramsey County requires each municipality to be responsible for developing a long- term financing mechanism to fund its residential recycling program; and, WHEREAS, the County has authority, pursuant to Minnesota Statutes § § 473.811 and 400.08, to collect just and reasonable rates and charges for solid waste management services provided by the County or by others under contract with the County; and, WHEREAS, the City desires to finance its recycling program by assessing individual property owners within the City for the costs of its program utilizing the County's solid waste management service charge authority under contract with the County; NOW, THEREFORE, IT IS AGREED: I. CITY OBLIGATIONS A. The City shall comply with all requirements as laid out in the 2019 SCORE grant agreement and all forthcoming SCORE grant agreements through the duration of this Agreement. B. The City shall comply with Minnesota Statutes § § 115A.46 and 115A.471 when arranging for the management of mixed municipal solid waste (MSW), including MSW from City -owned, operated or leased properties, and assure delivery of such waste to a waste processing facility for resource recovery. C. The City shall apply funds collected by the County on behalf of the City, pursuant to this Agreement, hereafter described as recycling service charge funds, to residential recycling and related activities. Recycling service charge funds may be used for the recycling portion of residential clean-up events and curbside collections, recycled product procurement, recycling collection bins, costs of providing a recyclable material drop-off center, management of tree and shrub waste, source -separated organics collection and associated costs, educational materials, or other costs consistent with the County's Solid Waste Management Master Plan and approved by Saint Paul — Ramsey County Public Health ("the Department"). Administrative costs associated with the City's solid waste and recycling program are eligible, but must first be approved by the Department. 1 The City may apply recycling service charge funds collected by the County on behalf of the City, pursuant to this Agreement, to non-residential recycling costs so long as fees are charged to non-residential properties for this service. Recycling service charge funds may be used for non-residential recycling costs, source -separated compostable material collection and associated costs, or other costs consistent with the County's Solid Waste Management Master Plan and approved by Saint Paul — Ramsey County Public Health. D. On or before December I of each year the City shall provide the Department with a recycling budget which details eligible costs for the subsequent year. The budget shall show how all SCORE funds to be distributed to the City by the County for recycling service are proposed to be used. E. The City shall pay the County the actual costs of administering the City's recycling service charge. The County's actual costs will include but are not limited to the costs of computer programming and the Ramsey County Property Tax, Records and Election Services Department's direct overhead costs attributable to providing these services. The City shall pay the County within thirty (30) days of receipt of the County's invoice. F. On or before December I of each year, or on such other date as may be agreeable to the parties during the term of this Agreement, the City shall provide the County with a spreadsheet identifying property identification numbers (PINS), parcel types, recycling service charge rates and other requested information to be applied to each property. II. COUNTY OBLIGATIONS After receipt of the recycling service charge rates from the City, the County shall list the City's recycling charge on the property owners' tax statements, and shall label the charge as "Recycling." III. TERM The Term of this Agreement is July 1, 2019 through December 31, 2024. IV. TERMINATION A. FOR CAUSE. In the event that the City fails to comply with the terms of this Agreement, or any statutory requirements, ordinances and/or plans related to this Agreement, the County may terminate this Agreement. In the event that the County exercises its right to terminate this Agreement for cause, the County shall submit written 2 notice to the City specifying the reasons for termination and the date upon which the termination becomes effective. B. WITHOUT CAUSE. This Agreement may be terminated by either party without cause, on one hundred -eighty (180) days written notice to the other party. C. OTHER EVENTS. In the event of a loss in funding or that the County's authority to provide the services contemplated in this Agreement is modified or repealed this Agreement immediately terminates. V. ACCESS TO DOCUMENTS Until the expiration of six years after this Agreement terminates, the City shall make available to the County, the State Auditor or the County's ultimate funding source, a copy of this Agreement and books, documents, records and accounting procedures and practices of the City relating to this Agreement. VI. HOLD HARMLESS Each party agrees to defend, indemnify and hold the other party harmless from any costs, claims, demands, actions or causes of action, including reasonable attorneys' fees, arising out of any act or omission on the part of the party or any of its agents or employees in the performance of or with relation to any of the work or services provided by the party under the terms of this Agreement. Nothing in this Agreement shall constitute a waiver by either party of any limitations or exceptions of liability under Minnesota Statutes Chapter 466. VII. EQUAL EMPLOYMENT OPPORTUNITY Each party agrees to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to public assistance, disability or age. When required by law and requested by the other party, each party shall furnish a written affirmative action plan to the other party. VIIL DATA PRACTICES All data collected, created, received, maintained or disseminated for any purpose in the course of either party's performance of this Agreement is governed by the Minnesota Government Data 3 Practices Act, Minnesota Statutes Chapter 13, and rules adopted to implement the Act. The parties agree to abide strictly by these statutes, rules and regulations. WHEREFORE, this Agreement is duly executed on the last date written below. RAMSEY COUNTY Jim McDonough, Chair Ramsey County Board of Commissioners CITY OF ARDEN HILLS By: Print Name: Title: Janet M. Guthrie, Chief Clerk Ramsey County Board of Commissioners Date: Date: Approved as to form and insurance: Assistant County Attorney 2 Attachment B JOINT POWERS AGREEMENT FOR RECYCLING FUNDING This Joint Powers Agreement ("Agreement") is made and entered into and effective as of this day of , 2024, between the County of Ramsey, a political subdivision of the State of Minnesota ("County"), and the City of Arden Hills, a Minnesota municipal corporation ("City"), collectively referred to as the "Parties." RECITALS WHEREAS, the County requires municipalities to assure recycling service is available to all residents at their place of residence; and, WHEREAS, the County requires each municipality to be responsible for developing a long- term financing mechanism to fund its residential recycling program; and, WHEREAS, the County has authority, pursuant to Minnesota Statutes §§ 473.811 and 400.08, to collect just and reasonable rates and charges for solid waste management services provided by the County or by others under contract with the County; and, WHEREAS, the City desires to finance its residential recycling program by assessing individual property owners within the City for the costs of its program utilizing the County's solid waste management service charge authority under contract with the County; NOW, THEREFORE, in consideration of the mutual promises and benefits that the Parties shall derive from this Agreement, the Parties hereby enter into this Agreement for the purposes stated herein. I. CITY OBLIGATIONS A. The City shall comply with all requirements as laid out in the 2025 SCORE grant agreement and all forthcoming SCORE grant agreements through the duration of this Agreement. B. The City shall comply with Minnesota Statutes §§ 115A.46 and 115A.471 when arranging for the management of mixed municipal solid waste ("MSW"), including MSW from City -owned, operated or leased properties, and assure delivery of such waste to a waste processing facility for resource recovery. C. The City shall apply funds collected by the County on behalf of the City, pursuant to this Agreement, hereafter described as recycling service charge funds, to residential recycling and related activities. Recycling service charge funds may be used for the recycling portion of residential clean-up events and curbside collections, recycled product procurement, recycling collection bins, costs of providing a recyclable material drop-off center, management of tree and shrub waste, source -separated organics collection and associated costs, educational materials, or other costs consistent with the County's Solid Waste Management Plan and approved by Saint Paul — Ramsey County Public Health ("Department"). Administrative costs associated with the City's solid waste and recycling program are eligible, but must first be approved by the Department. The City may apply recycling service charge funds collected by the County on behalf of the City, pursuant to this Agreement, to non-residential recycling costs so long as fees are charged to non-residential properties for this service. Recycling service charge funds may be used for non-residential recycling costs, source -separated compostable material collection and associated costs, or other costs consistent with the County's Solid Waste Management Plan and approved by the Department. D. On or before December I of each year the City shall provide the Department with a recycling budget which details eligible costs for the subsequent year. The budget shall show how all SCORE funds to be distributed to the City by the County for the City's residential recycling program are proposed to be used. E. The City shall pay the County the actual costs of administering the City's residential recycling program. The County's actual costs will include but are not limited to the costs of computer programming and the Ramsey County Property Tax, Records and Election Services Department's direct overhead costs attributable to providing the recycling services. The City shall pay the County within thirty (30) days of receipt of the County's invoice. F. On or before December 1 of each year, or on such other date as may be agreeable to the parties during the term of this Agreement, the City shall provide the County with a spreadsheet identifying property identification numbers (PINS), parcel types, recycling service charge rates and other requested information to be applied to each property. II. COUNTY OBLIGATIONS After receipt of the recycling service charge rates from the City, the County shall list the City's recycling charge on the property owners' tax statements, and shall label the charge as "Recycling." III. TERM The Term of this Agreement is January 1, 2025 through December 31, 2029. IV. TERMINATION A. FOR CAUSE. In the event that the City fails to comply with the terms of this Agreement, or any statutory requirements, ordinances and/or plans related to this Agreement, the County may terminate this Agreement. In the event that the County exercises its right to terminate this Agreement for cause, the County shall submit written notice to the City, at least 90 days before termination, specifying the reasons for termination and the date upon which the termination becomes effective. B. WITHOUT CAUSE. This Agreement may be terminated by either party without cause, on one hundred -eighty (180) days written notice to the other party. C. OTHER EVENTS. In the event of a loss in funding or that the County's authority to provide the services contemplated in this Agreement is modified or repealed this Agreement immediately terminates. V. ACCESS TO DOCUMENTS Until the expiration of six years after this Agreement terminates, the City shall make available to the County, the State Auditor or the County's ultimate funding source, a copy of this Agreement and books, documents, records and accounting procedures and practices of the City relating to this Agreement. VI. HOLD HARMLESS Each party agrees to defend, indemnify and hold the other party harmless from any costs, claims, demands, actions or causes of action, including reasonable attorneys' fees, arising out of any act or omission on the part of the party or any of its agents or employees in the performance of or with relation to any of the work or services provided by the party under the terms of this Agreement. Nothing in this Agreement shall constitute a waiver by either party of any limitations or exceptions of liability under Minnesota Statutes Chapter 466. VII. EQUAL EMPLOYMENT OPPORTUNITY Each party agrees to comply with all federal, state and local laws, resolutions, ordinances, rules, regulations and executive orders pertaining to unlawful discrimination on account of race, color, creed, religion, national origin, sex, sexual preference, marital status, status with regard to public assistance, disability or age. When required by law and requested by the other party, each party shall furnish a written affirmative action plan to the other party. VIII. DATA PRACTICES All data collected, created, received, maintained or disseminated for any purpose in the course of either party's performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and rules adopted to implement the Act. The parties agree to abide strictly by these statutes, rules and regulations. IX. MISCELLANEOUS PROVISIONS. A. MODIFICATION. Any alterations, amendments, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved and signed by the Parties. B. ASSIGNMENT. Neither the County nor City may assign or transfer any rights, duties, interests, or obligations under this Agreement without the prior written consent of the other party. C. CHOICE OF LAWS. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement or its breach shall be venued in Ramsey County, Minnesota. D. MERGER. This Agreement is the final expression of the agreement of the Parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. E. SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. F. WAIVER. If either of the Parties fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. G. RELATIONSHIP OF THE PARTIES. Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the Parties, nor shall either of the Parties be considered or deemed to be an agent, representative or employee of the other party in the performance of this Agreement. Personnel of either of the Parties or other persons while engaging in the performance of this Agreement shall no be considered employees of the other party and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. H. INTERPRETATION AND CONSTRUCTION. It is the intent of the Parties that every section (including any subsection thereto), clause, term, provision, condition, and all other language used in this Agreement shall be constructed and construed so as to give its natural and ordinary meaning and effect. WHEREFORE, this Agreement is duly executed on the last date written below. RAMSEY COUNTY Victoria Reinhardt, Chair Ramsey County Board of Commissioners Date: Jason Yang, Interim Chief Clerk Ramsey County Board of Commissioners Date: Approved as to form and insurance: Assistant County Attorney Date: CITY OF ARDEN HILLS By: Print Name: Title: Date: CONSENT ITEM - 8C ,!Tt -A DEN HILLS MEMORANDUM DATE: November 25, 2024 TO: Honorable Mayor and City Councilmembers Interim City Administrator Jessica Jagoe FROM: Jen Estling, Deputy Clerk SUBJECT: Resolution 2024-053Authorizing the Application for Recycling SCORE Grant Funds from Ramsey County for 2025 Budgeted Amount: Estimated Amount: Funding Source: N/A N/A N/A Council Should Consider Motions to approve, table, or deny the following: Resolution 2024-053 Authorizing the Application for Recycling SCORE Grant Funds from Ramsey County for 2025. Background The City is eligible to apply for grant money from Ramsey County's recycling SCORE grant program for 2025. Grant funds can be used to offset the cost of the City's recycling program, including administration, equipment, and collection costs. In the past, the City has primarily used the funds to offset collection costs and the annual Cleanup Day costs. The County requires a resolution from the City Council to authorize the application for the SCORE grant. The 2025 grant allocation for Arden Hills has a base amount of $28,324, we will also seek an additional $23,815 in incentive funding for a total of $52,139. The City annually budgets for increases in the recycling budget. The draft budget for the City's recycling program in 2025 is $254,135. The SCORE grant money offsets approximately 21% of the base cost of the residential recycling program. Revenue share from the recycling hauler also plays a role in reducing the base cost of the recycling program. Recycling fees, which are assessed to each participating residential property, cover the remaining portion of the recycling budget. Page 1 of 2 Budget Impact The SCORE grant provides a partial funding source for the City's recycling program and helps offset costs to the City and its residents. Attachments Attachment A: Resolution 2024-053Authorizing the Application for Recycling SCORE Grant Funds from Ramsey County for 2025 Page 2 of 2 Attachment A ,ARZEN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2024-053 RESOLUTION AUTHORIZING APPLICATION FOR RECYCLING SCORE GRANT FUNDS FROM RAMSEY COUNTY WHEREAS, the City of Arden Hills is eligible to apply for SCORE recycling grant funds from Ramsey County; and WHEREAS, such funds would assist in continuing and improving the City's recycling program for the year 2025. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: That the Interim City Administrator or designee be authorized to apply for such grant funds for the year 2025. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 25TH DAY OF NOVEMBER, 2024. David Grant, Mayor ATTEST: Julie Hanson, City Clerk To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage. CONSENT ITEM - 8D ,!Tt -ARVE HILLS lu I DILVA M tX10111100y DATE: November 25, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Acknowledgment for Ducks Unlimited North Suburban Ch. 239 to Hold Raffle/Bingo Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Motion(s) to approve, table or deny the following: • Acknowledgment of the LG220 Application from Ducks Unlimited North Suburban Chapter 239 for a raffle and bingo to be held on January 23, 2025 at Welsch's Big Ten with no waiting period. Backiround/Discussion Ducks Unlimited North Suburban Chapter 239 has submitted a request again this year for authorization to hold a raffle and bingo to raise money for the national Ducks Unlimited charitable organization, whose mission is to protect, preserve and enhance North America's wetland and associated upland habitat. Per Minnesota's Lawful Gambling regulations, they are required to obtain acknowledgment from the City. This does not require a permit or license from the City as it is not a premise permit. As part of the requirement of LG220 Application for Exempt Permit, the City must formally acknowledge the application with no waiting period, with a 30-day waiting period, or deny the application. Staff recommends the City Council approve a motion acknowledging the LG220 Application for Exempt Permit to conduct bingo and a raffle with a drawing date of January 23, 2025, with no waiting period. Budget Impact N/A Attachments Attachment A: LG220 application Attachment B: Non-profit letter Page l of 1 MINNESOTA LAWFUL GAMBLING LG220 Aonlication for Exemut Permit Attachment A 4/23 Page 1 of 3 An exempt permit may be issued to a nonprofit Application Fee (non-refundable) organization that: Applications are processed in the order received. If the application conducts lawful gambling on five or fewer days, and is postmarked or received 30 days or more before the event, the awards less than $50,000 in prizes during a calendar application fee is $100; otherwise the fee is $150. year. If total raffle prize value for the calendar year will be Due to the high volume of exempt applications, payment of $ total or less, contact the Licensing Specialist assigned to additional fees prior to 30 days before your event will not expedite your county by calling the Li 9-1900. service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: Minnesota Ducks unlimted Special Events MN-0274 Permit Number: X- Minnesota Tax ID Federal Employer ID ? -2 �O (c`� Number, if any: Number (FEIN), if any: ) Mailing Address: 1218 Vista Dr City: Burnsville State: mn Zip: 55337 County: Dakota Name of Chief Executive officer (CEO): Alex Mereness CEO Daytime Phone: G� 1 �`t � � �y GJ CEO Email: AM S-S � "CXS I C R( o (permit will be email1ed to this email address unless otherwise indicated below) Email permit to (if other than the CEO): 1 +� ��' lS �� '� �M�1.\ • c ^'� NONPROFIT STATUS Type of Nonprofit Organization (check one): = Fraternal = Religious Veterans Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) ❑ A current calendar year Certificate of Good Standing Don't have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 ❑ IRS income tax exemption (501(c)) letter in your organization's name Don't have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): Welsch's Big Ten Tavern Physical Address (do not use P.O. box): 4703 US-10 Check one: City: Arden Hills Zip: 55112 County: Ramsey Township: Zip: County: Date(s) of activity (for raffles, indicate the date of the drawing): 01/23/2025 Check each type of gambling activity that your organization will conduct: =Bingo = Paddlewheels = Pull -Tabs =Tipboards 5/Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull -tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. LG220 Application for Exempt Permit 4/23 Page 2of3 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township The application is acknowledged with no waiting period. The application is acknowledged with no waiting period. ❑The application is acknowledged with a 30-day waiting The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days period, and allows the Board to issue a permit after (60 days for a 1st class city). 30 days. ❑The application is denied. ❑The application is denied. Print City Name: Print County Name: Signature of City Personnel: Signature of County Personnel: Title: Date: Title: Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) _ The city or county must sign before submitting application to the Gambling Control Board. Print Township Name: - -- Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER'S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief Executive Officer's Signature: Date: 11/16/2024 (Signs ure must be CEO's signature; designee may not sign) Print Name: Alex Mereness REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: Mail application with: • all gambling conducted on two or more consecutive days; or a copy of your proof of nonprofit status; and • all gambling conducted on one day. application fee (non-refundable). If the application is Only one application is required if one or more raffle drawings are postmarked or received 30 days or more before the event, conducted on the same day. the application fee is $100; otherwise the fee is $150. Financial report to be completed within 30 days after the Make check payable to State of Minnesota. gambling activity is done: To: Minnesota Gambling Control Board A financial report form will be mailed with your permit. Complete 1711 West County Road B, Suite 300 South and return the financial report form to the Gambling Control Roseville, MN 55113 Board. Questions? Your organization must keep all exempt records and reports for Call the Licensing Section of the Gambling Control Board at 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). 651-539-1900. Data privacy notice: The information requested application. Your organization's name and ment of Public Safety; Attorney General; on this form (and any attachments) will be used address will be public information when received Commissioners of Administration, Minnesota by the Gambling Control Board (Board) to by the Board. All other information provided will Management & Budget, and Revenue; Legislative determine your organization's qualifications to be private data about your organization until the Auditor, national and international gambling be involved in lawful gambling activities in Board issues the permit. When the Board issues requlatory aqencies; anyone pursuant to court Minnesota. Your organization has the right to the permit, all information provided will become order; other individuals and agencies specifically refuse to supply the information; however, if public. If the Board does not issue a permit, all authorized by state or federal law to have access your organization refuses to supply this information provided remains private, with the to the information; individuals and agencies for information, the Board may not be able to exception of your organization's name and which law or legal order authorizes a new use or determine your organization's qualifications and, address which will remain public. Private data sharing of information after this notice was as a consequence, may refuse to issue a permit. about your organization are available to Board given; and anyone with your written consent. If your organization supplies the information members, Board staff whose work requires requested, the Board will be able to process the access to the information; Minnesota's Depart - This form will be made available in alternative format (i.e. large print, braille) upon request. An equal opportunity employer Attachment B TAX STATUS The Internal Revenue Service has ruled that Ducks Unlimited, Inc. Qualifies under the provisions of Section 501(c)(3) of the Internal Revenue Code (IRC) as an organization created for charitable, educational, scientific and conservation purposes and, therefore, is exempt from federal income taxes on related income. As a qualified tax-exempt organization, Ducks Unlimited must operate in conformity with the IRC to maintain ins tax exempt status. Donations to Ducks Unlimited are deductible by the donor as charitable contributions for federal income tax purposes. Ducks Unlimited's federal taxpayer identification number is 13-5643799. Each of its state and local committees is chartered as a chapter of Ducks Unlimited with its own federal taxpayer identification number, and is exempt from federal income tax under the provisions of Section 501(c)(3) through Ducks Unlimited's group exemption (group exemption number 9352). The following letters, identified by the date of the letter, support Ducks Unlimited's tax exempt status: November 29, 1938—original determination letter from IRS entitling DU to exemption under provisions of §101(6) of the Revenue Act of 1936. Contributions to DU by individual donors are deductible by such individuals in arriving at their taxable net income as provided by §23(o). July 1, 1965—modification to original determination letter to include deductibility related to gifts and bequests under the provisions of §§2055, 2106, and 2522 of the Code. October 20, 1970—confirmation that DU is not classified as a private foundation as defined in §509(a) of the Internal Revenue Code. February 24, 1978—confirmation that tax exemption under § 101(6) of the Revenue Act of 1936 corresponds to exemption under §501(c)(3) of the Internal Revenue Code of 1954. January 23, 1985 (not reproduced here) —recognition of tax exempt status of organizations DU operates, supervises, or controls ... as exempt from federal income tax under §501(c)(3) of the Code . . . classification of those organizations as organizations that are not private foundation because they are of the type described in §§509(a)(1) and 170(b)(1)(A)(vi) of the Code. . . donors may deduct contributions to DU and its subordinates as provided in § 170 of the Code. Bequests, legacies, devises, transfers, or gifts to DU or for DU's use are deductible for federal estate and gift tax purposes if they meet the applicable provisions of §2055, 2106, and 2522 of the Code. CONSENT ITEM - 8E M` -ARPEN HILLS MEMORANDUM DATE: November 25, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: Julie Hanson, Assistant to the City Administrator/City Clerk SUBJECT: Resolution Certifying the 2024 Municipal Election Canvass Recount Results Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Motions to approve, table, or deny the following: Approving Resolution 2024-054 certifying the 2024 municipal election canvass Recount results. Backiround/Discussion Members of the City Council are required by State Statute to certify the results of the Municipal Election to the Ramsey County Auditor within three (3) to ten (10) days after the General Election, which the Council did on November 12, 2024 via Resolution 2024-051. This Resolution established Brenda Holden and Kurt Weber as City Councilmembers with a four year term beginning in 2025. Pursuant to Minnesota Statute 204C.36, Subd. l(b) a losing candidate for a municipal race may request a recount if the difference between the votes cast for the requesting candidate and the votes cast for a winning candidate is less than half of one percent. As a result of a 5 vote difference, Candidate David Radziej subsequently requested a recount of votes cast for him and Candidate Kurt Weber. The Recount was conducted on Tuesday, November 19 and Wednesday, November 20 by Ramsey County Elections staff at the Elections office in St. Paul and the recount was open to the public. Attached are the Recount Worksheet (Attachment A) and Resolution 2024-054 (Attachment B) certifying the Recount results of the 2024 Municipal Election from the November 5, 2024, General Election. The following are results from the 2024 election: Brenda Holden as Arden Hills City Councilmember for a four-year term beginning in January 2025; and Kurt Weber as Arden Hills City Councilmember for a four-year term beginning in January 2025. Attachments Attachment A: Resolution 2024-054 Attachment B: Recount Worksheet Page 1 of 1 O O O �'-` c 'a N O C- M U O O CD L U N N i O O O O O O O N E 'O N Ln ,p 4 Ln O N i N �i 00 N ® N rn M n N N O -";�z U C O N 119 E I Ql m n N E6 E E r�,-I (71 N ® U) Ql M I� N p rn Co Co Ln N C? N rn 0 0 a a a x x x w w w a a a ON -4 M 0 0 0 0 0 0 /1-P Attachment A s 0 O v N /'9 o L-- N Ir 6 T Attachment B EN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO. 2024-054 RESOLUTION CERTIFYING THE 2024 MUNICIPAL ELECTION CANVASS RECOUNT RESULTS WHEREAS, the City of Arden Hills held its General Election on November 5, 2024; and WHEREAS, Minnesota Statute 205.185, Subd. 3 and 205.065, Subd. 5, require that the City Council canvass the results of the election within three (3) to ten (10) days after the election and that the City Council did thereby approve said results via Resolution 2024-051 on November 12, 2024; and WHEREAS, pursuant to Minnesota Statute 204C.36, a Recount related to votes cast for Candidates Kurt Weber and David Radziej was conducted by the Ramsey County Elections Office that commenced on Tuesday, November 19 and concluded on Wednesday, November 20, 2024; and WHEREAS, the City Council met on November 25, 2024, as an item of business at a City Council meeting and as a canvassing board to affirm the Recount results. THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that voting for the office of City Council, where there were two Councilmember seats to be elected, each for a four-year term, at the November 5, 2024, General Election held in and for said City, and a subsequent Recount that commenced on November 19 and concluded on November 20, 2024, has been in all respects duly canvassed by this City Council in accordance with the law. It is hereby found and determined that the total votes cast upon the offices for each candidate at said election and pursuant to the Recount total for Candidates Weber and Radziej were as follows: COUNCILMEMBER (4- ear term) # Votes Brenda Holden 2,561 Kurt Weber 2,045 David Radziej 2,041 Richard Priore 1,794 Write In Votes 42 BE IT RESOLVED, that as a result of said canvass following the Recount, that Brenda Holden and Kurt Weber be declared elected City Councilmembers each for four-year terms commencing at the first meeting in January 2025. ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 25TH DAY OF NOVEMBER, 2024. David Grant, Mayor ATTEST: Julie Hanson, City Clerk To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills.org and clicking on Archived Documents under Helpful Links on our main webpage PUBLIC HEARING -10A '!Tt HILLS MEMORANDUM DATE: November 25, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: Joua Yang, Finance Director Amy LaMere, Accounting Clerk SUBJECT: Public Hearing Regarding Quarterly Special Assessments for Delinquent Utilities Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Holding a Public Hearing regarding delinquent utilities. BackLrround Water customers whose accounts are 90 days past due were informed that the City intends to certify delinquent charges to Ramsey County to be collected with property taxes. These customers have the right to a hearing in front of the City Council to discuss this matter prior to certification. Page 1 of 1 PUBLIC HEARING - IOB 'It -A EN HILLS MEMORANDUM DATE: November 25, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: T.J. Hofer, Consultant Planner SUBJECT: Planning Case #24-019 — Public Hearing Required Applicant: City of Arden Hills Request: Zoning Code Amendments Discussion — Chapter 13, Section 1305, 1320, 1325 — Cannabis Zoning Standards Council Should Consider the Following: Hold the required public hearing for Planning Case 24-019, a text amendment to the zoning ordinance Chapter 13, Section 1305 to establish definitions for cannabis uses, 1320 to determine zoning districts for cannabis uses, and 1325 to establish performance standards for cannabis uses. The City Council will be asked to make a formal decision regarding the application under New Business Item I IB. Background In 2023, cannabis was legalized for recreational use and the sale, possession, use, and growth of cannabis was decriminalized. The Office of Cannabis Management (OCM) is currently drafting rules and standards for licensing and use of facilities that will deal with cannabis. The first draft of the rules was made available on July 30, 2024, and A Guide for Local Governments on Adult - Use Cannabis (Local Guide) was published this year with the most recent version being updated in August. The current version of the Local Guide is attached. The OCM recently closed the application period for Social Equity Applicants and received over 1,800 applications. Licenses are anticipated to be issued shortly after the rules from OCM are finalized in 2025. A considerable number of changes to the City Code will be required to address the registration of cannabis businesses and the use of cannabis, however, the zoning ordinance is specifically used to control for the time, place, and manner of the operations of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses. Notably, if the City wishes to limit the amount of cannabis retail businesses within the City, this should not be Page 1 of 6 done in the zoning ordinance, but in the section that establishes standards for registration. Non - retail businesses cannot be limited by number but can be zoned for specific areas of the City. Cannabis Businesses and Uses Minnesota State Statute sets a definition for the term "cannabis business." The use of this term means the following uses: (1) cannabis microbusiness; (2) cannabis mezzobusiness; (3) cannabis cultivator; (4) cannabis manufacturer; (5) cannabis retailer; (6) cannabis wholesaler; (7) cannabis transporter; (8) cannabis testing facility; (9) cannabis event organizer; (10) cannabis delivery service; (11) medical cannabis cultivator; (12) medical cannabis processor; (13) medical cannabis retailer; and (14) medical cannabis combination business. These "businesses" correlate with the types of licenses that will be available from the OCM. Without amendments to the Zoning Ordinance, all cannabis uses are considered permitted. In terms of zoning, we can narrow this list by looking at what activity is a part of each type of cannabis business. Use Grow Sell to O U `� a t a O Microbusiness X X X X X X X Mezzobusiness X X X X X X Cultivator X X X X X a� Manufacturer X X X a� Retailer X r. Wholesaler X a Testing X Event X X Transporter NA Delivery Services NA Page 2 of 6 Microbusinesses and mezzobusinesses are the two unique use names within cannabis. These uses can be compared to something like a small winery or brewery; however, on -site consumption is only allowed for microbusinesses that have approval from the OCM. Microbusinesses and mezzobusinesses are allowed to cultivate, manufacture/process, package, and sell with their license. Businesses licensed as microbusinesses or mezzobusinesses can operate multiple locations and the cultivation and manufacturing part of the license can be located separately from the retail location. As such, the uses may have multiple parts of a singular building that make up a single structure such as a warehouse facility, a greenhouse, and a retail store, or may be split up amongst multiple parcels. Registration v. Licensing The OCM will issue and manage licenses for cannabis businesses. Retail operations for cannabis must register with local units of government before making retail sales to customers or patients. Currently, local government units are required to allow for one registration for every 12,500 residents. The statute specifies these registrants as cannabis retailers, cannabis mezzobusinesses with a retail operations endorsement, and cannabis microbusinesses with a retail operations endorsement. This minimum of one applies only to cannabis retailer registration. It is currently unclear if the City will be able to limit non -retailer uses to any capacity, however, staff believes uses that are not required to register cannot be prohibited. Local Control The first draft of rules from the OCM addresses many of the operational challenges related to cannabis such as security, testing, and tracking product through commercial businesses. There are gaps left by the OCM's first draft that need to be addressed by local municipalities such as setbacks, odor control, screening, and nuisances. The OCM is still in the process of developing the final rules, so the below zoning standards are presented as a draft of what zoning regulations regarding cannabis uses may look like. Staff will continue to monitor the activity of OCM to ensure that the adopted standards work with the final rules from OCM. The City Council reviewed the draft ordinance included within the Local Guide from the OCM at their September 23, 2024, meeting and a first draft of the zoning standards at their October 14, 2024, meeting and gave direction for the standards. Changes from the work session include a new use for cannabis testing facilities, limiting cannabis retail uses to the B-4 zoning district, limiting cultivation, manufacturing, and wholesaling to the GB zoning district, and limiting hours of sale of cannabinoids. Overview of Ordinance Amendments The proposed ordinance includes amendments to 1305 Rules, Scope, Interpretation, & Definitions, subsection 1325.04 Definitions. Many of the definitions reference Minnesota Statute in order to make sure that definitions in the code remain current if statute changes. The proposed ordinance includes amendments to Section 1320 — District Provisions, subsection 1320.05 Land Use Chart. Allowed districts were amended by the Planning Commission to include mezzobusiness and microbusiness, as a conditional use in the B-3 and GB zoning districts and "Retail, Cannabis Sales" as a conditional use in the B-3 district and a conditional Page 3 of 6 accessory use in the GB district. Sales within the GB district was determined to fit as a conditional accessory use to be consistent with the existing standards within the GB district regarding retail (1320.13 Subd. 3 C.). The proposed ordinance includes amendments to Section 1325 to create 1325.047 Cannabis Business Conditional Use Permit Criteria. These include application requirements and design and performance standards for cannabis businesses. The ordinance standards may need to change based on future changes to OCM rules. The standards include: • A 1,000 ft. setback from schools as allowed by Minnesota State Statue • A prohibition on outdoor operations • Standards regarding odor control and design standards • Screening and outdoor storage standards • Lighting standards and requirements • Water and wastewater requirements • Sign standard references to the City Code and OCM • Restrictions on business hours Changes within the proposed language from the November 6, 2024, Planning Commission meeting include language that exempts areas located north of Highway 694, east of Interstate 35W, and west of State Highway 10 in the Gateway Business zoning district from the 1,000 ft. buffer from schools, an amendment to the hours of the sale of cannabinoids for consumption to be consistent with state statute, and minor grammatical changes. The Council should discuss the hours of the sale of cannabinoids for consumption. State statute allows for the sale between the hours of 8:00 a.m. and 2:00 a.m. of the next day, Monday through Saturday, and between the hours of 10:00 a.m. and 2:00 a.m. of the next day on Sundays. The Planning Commission discussed the hours of operation regarding this and was consistent in recommending that sales should cease at 9 p.m., but there was discussion about whether the beginning of sales should mirror State statute or be set at 10 a.m. every day. Local governments are allowed to limit this to 10:00 a.m. to 9:00 p.m. every day. The draft ordinance included in Council packets states hours of operation would be allowed from 8:00 a.m. to 9:00 p.m. Monday through Saturday, and between the hours of 10:00 a.m. and 9:00 p.m. on Sundays. Changes for consideration since the November 6, 2024, Planning Commission Cannabis standards are currently being considered and adopted across the state as communities begin to prepare for the OCM to license cannabis businesses. As such, new standards are being introduced throughout the state that should be considered by the Council. Staff included some of these standards within the draft ordinance that was published on the City's website and are detailed below. B. Security 2. Any security bars, gates, or grills shall be retractable, shall remain open and retracted when the cannabis business is open to the public or otherwise in operation, and shall not be installed on the exterior of the building. Page 4 of 6 The OCM has included standards regarding security and control of cannabinoids in their first draft of the rules, but some communities are including additional language to establish aesthetic controls around required security measures. I. Signs 2. Exterior wall, window, and monument signage shall not depict a cannabis flower, cannabis product, hemp edibles, hemp derived edible consumer product, or the like. Additionally, a business logo containing the above depictions shall not be displayed as part of any exterior signage. No products, interior signage, advertisements, or like attention -getting items shall be placed or displayed that may be visible from the exterior of the Cannabis or Hemp Business. Some communities are choosing to restrict the depiction of cannabis -related imagery from signs, including within business logos that are visible from outside of the building. Additionally, some communities are choosing to restrict how items like products or interior signage can be placed to ensure they are not visible from the exterior of the building. The draft ordinance for Council review does not include these provisions since they are changes that were not reviewed by the Planning Commission. Again, as new standards are being considered throughout the state, staff wanted the Council to have the most up to date information to consider as part of the public hearing. The City Council should discuss whether to include either of these provisions. Planning Commission Review The Planning Commission reviewed this application at the November 6, 2024 meeting. The Commission discussed the hours of sale, the effect of the language on current sales of low -potency THC items, the number of required retail registrations, the zoning districts where cannabis business are proposed to be allowed, cannabis events, and the 1,000 ft. buffer from schools. The Planning Commission held a public hearing on the ordinance amendment. No comments were received. The Commission voted 6-0 to recommend approval, with six amendments, of Planning Case 24-016. The amendments have been described previously in this report. Public Comments A Zoning Code Amendment requires a public hearing. Notice was published in the Pioneer Press on November 15, 2024. The City has not received any public comments regarding this case. Page 5 of 6 Attachments A) Redlined Ordinance 2024-015 B) Draft Ordinance 2024-015 An Ordinance Amending Chapter 13, Zoning Code, Section 1305, 1320, and 1325 of the Arden Hills City Code and Summary Ordinance C) 1,000 ft. Buffer Map from Schools D) PC Memo E) Draft PC Minutes F) Presentation G) OCM Local Guide Page 6 of 6 'It -AR�EN HILLS ORDINANCE NO.2024-015 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA Attachment A AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1305, 1320, AND 1325 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: A* SECTION 1. Chapter 13 - Zoning Code, Section 1305 — Rules, Scope, Interpretation, & Definitions, subsection 1325.04 Definitions, is hereby amended by deleting strikethfougk language and adding the underlined language as follows: • Agriculture. Commercial Outdoor Cannabis. See "Cannabis cultivation". • Agriculture, Commercial Indoor Cannabis. See "Cannabis cultivation". • Cannabis cultivation. Growing cannabis plants from seed or immature plant to mature plant, harvesting the cannabis flower from a mature plant, and packaging and labeling immature cannabis plants and seedlings and cannabis flower for sale. • Cannabis. Mezzobusiness. A cannabis business that conducts an pursuant to Minnesota Statute Section 342.29, as it may be amended. The use may include, but is not limited to, cannabis cultivation, cannabis manufacturing, cannabis sales retail, cannabis wholesaling. • Cannabis, Microbusiness. A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.28, as it may be amended. The use include, but is not limited to, cannabis cultivation, cannabis manufacturing, cannabis sales retail, cannabis wholesaling. • Cannabis Testing Facility. acility. A cannabis business that conducts an operation nursuant to Minnesota Statute Section 342.37. as it may be amended. • Light Manufacturing, Cannabis. A hemp business that conducts an operation pursuant to Minnesota Statute Section 342.31, as it may be amended. • Light Manufacturing, Lower -Potency Hemp Edible. A hemp business that conducts an operation pursuant to Minnesota Statute Section 342.45, as it may be amended - Retail, Cannabis Sales. The sale of cannabis plants and seedlings, adult -use cannabis flower. and adult use cannabis products directiv to consumers. M h ti III II III II III II III II III II III II III II II I II AIII II III II III II III II III II III II III II II I II W `` III II III II III II III II III II III II III II II II w III III III III III III III II I '� III III III III III III III II I UI UI UI UI UI UI U UI v uI uI uI uI III uI uI III \.l u u u II n u u II I UI UI ill ill ii UI M ii U U ii ii ii U II II III III III III III II u u u u u u u u I ~ II II III III III III III II I III III II II II II II II cq III II III II III II III II III II III II III II II II �j II II III III III III III II u u a II u u u II �o N� III III III III III III III III S� N r �" e�C Cd e�C e�C 1 ct SECTION 3. Chapter 13 - Zoning Code, Section 1325 — General Regulation, subsection 1325.047 is hereby amended by deleting stfikedffetigh language and adding the underlined language as follows: 1325.047 Cannabis Business Conditional Use Permit Criteria. Subd. 1 Applicability The standards within this subsection shall apply to the following uses: A. Agriculture, Commercial Cannabis B. Cannabis, Mezzobusiness C. Cannabis, Microbusiness D Cannabis Testin Facility g�4 E. Light Manufacturing, Cannabis . F. Light Manufacturing, Lower -Potency Herqp Edible G. Retail, Cannabis Sales H. Wholesaling, Cannabis Subd. 2 Setbacks At%16' A. Any cannabis business must be setback 1,000 feet from schools as established Minnesota Statute Section 342.13(c) B. Exceptions to distance restrictions. Cannabis business located north of Highway 694, east of Interstate 35W and west of State Highway 10 in the Gateway Business zoning district shall be exempt from the distance requirements of City Code 1325.047 Subd. 2. Subd. 3 Development Standards A. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. B. The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. C. Outdoor operations are prohibited. D. The facility shall not produce noxious or nuisance causing odors, subject to the following conditions: 1. The facility shall be ventilated so that all odors cannot be detected by a person with a normal sense of smell at the exterior of the facility or at any adjoining use or propert. 2. Growing cannabis must comply with all applicable laws and shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities. 3. An odor maintenance plan must be submitted to the City and qpproved by the City 4. At the City Council's discretion, the applicant may be required to provide plans that show appropriate odor control systems so as not to produce any noxious or dangerous gases or odors or create any dangers to any person or entity in or near the facility. E. All mechanical, odor suppression equipment, and trash enclosures must be screened. F. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. G. Lighting 1. All site lighting must meet City Code requirements. All light fixtures must be downward directed with cut-offs and be architecturally designed to match the overall design of the building. 2. The specifications of all light fixtures must be provided to the City with the application for a conditional use permit. 3. A photometric plan must be submitted to the City with the application for a conditional use permit, indicating light measure at the property. line. 4. Lighting within a greenhouse is permitted between the hours of 4:30 a.m. and 10:00 p.m. Lighting at the site property lines shall not exceed 1.0 foot-candles at an., time. H. Water and Wastewater 64%. 1. Management of wastewater shall be in accordance with the Office of Cannabis Management, Minnesota Pollution Control Agency, and City Ordinances. Where multiple standards exist, the more restrictive of the standards shall apply. 2. Water use within the site shall be designed to maximize the amount of water reuse _possible. I. S Signs shall be in compliance with the Office of Cannabis Management and the Cit Code. Whenever a more restrictive standard exists, the more restrictive standard shall Mpply. Sale of Cannabinoid Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products. lower-potencv hemp edibles. or hemp -derived consumer products between the hours of- 1. 8:00 a.m. and 9:00 p.m. on Monday through Saturday 2. 10:00 a.m. and 9:00 p.m. on Sundays K. In addition to the restrictions in this City Code Section 1325.047, Cannabis businesses must meet the Special Requirements for its zoning district for each type of use as stated in City Code Section 1320, for example, cannabis retail business in the GB Gateway Business District must meet the requirements outlined in City Code Section 1320.13. SECTION 4. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this of the City of Arden Hills, Minnesota. ATTEST: Julie Hanson, City Clerk day of 2024, by the City Council CITY OF ARDEN HILLS David Grant, Mayor '--tt ,-1 DEN HILLS ORDINANCE NO.2024-015 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA Attachment B AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1305,1320, AND 1325 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 - Zoning Code, Section 1305 — Rules, Scope, Interpretation, & Definitions, subsection 1325.04 Definitions, is hereby amended by deleting str4kedwougk language and adding the underlined language as follows: • Agriculture, Commercial Outdoor Cannabis. See "Cannabis cultivation". • Agriculture, Commercial Indoor Cannabis. See "Cannabis cultivation". • Cannabis cultivation. Growing cannabis plants from seed or immature plant to mature plant, harvesting the cannabis flower from a mature plant, and packaging and labeling immature cannabis plants and seedlings and cannabis flower for sale. • Cannabis, Mezzobusiness. A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.29, as it may be amended. The use include, but is not limited to, cannabis cultivation, cannabis manufacturing, cannabis sales retail, cannabis wholesaling. • Cannabis, Microbusiness. A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.28, as it may be amended. The use may include, but is not limited to, cannabis cultivation, cannabis manufacturing, cannabis sales retail, cannabis wholesaling. • Cannabis TestingFacility. A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.37, as it may be amended. • Light Manufacturing, Cannabis. A hemp business that conducts an operation pursuant to Minnesota Statute Section 342.31, as it may be amended. • Light Manufacturing, Lower -Potency Hemp Edible. A hemp business that conducts an operation pursuant to Minnesota Statute Section 342.45, as it may be amended. • Retail, Cannabis Sales. The sale of cannabis plants and seedlings, adult -use cannabis flower, and adult use cannabis products directly to consumers. M h ti III II III II III II III II III II III II III II II I II W `` III II III II III II III II III II III II III II II I II � III III III III III III III II I Uul ul ul III III ul ul III I U� U� ii I ii I ii I U� ii I II II III III III III III II ul u u u u u u u I II II III III III III III II III III II II II II II II I III II III II III II III II III II III II III II II I II II II III III III III III II u u u u u u u u I �o N� III III III III III III III II I N � � O � U N N � N U SECTION 3. Chapter 13 - Zoning Code, Section 1325 — General Regulation, subsection 1325.047 is hereby amended by deleting str-ikedffeugh language and adding the underlined language as follows: 1325.047 Cannabis Business Conditional Use Permit Criteria. Subd. 1 Applicability The standards within this subsection shall apply to the following uses: A. Agriculture, Commercial Cannabis B. Cannabis, Mezzobusiness C. Cannabis, Microbusiness D. Cannabis Testing Facility E. Light Manufacturing, Cannabis F. Light Manufacturing, Lower -Potency HeMp Edible G. Retail, Cannabis Sales H. Wholesaling, Cannabis Subd. 2 Setbacks A. Any cannabis business must be setback 1,000 feet from schools as established by Minnesota Statute Section 342.13(c) B. Exceptions to distance restrictions. Cannabis business located north of Highway 694, east of Interstate 35W and west of State Highway 10 in the Gateway Business zoningdistrict shall be exempt from the distance reauirements of Citv Code 1325.047 Subd. 2. Subd. 3 Development Standards A. Must be licensed by the State of Minnesota and in compliance with the standards set b Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. B. The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. C. Outdoor operations are prohibited. D. The facility shall not produce noxious or nuisance causing odors, subject to the following conditions: 1. The facility shall be ventilated so that all odors cannot be detected by person with a normal sense of smell at the exterior of the facility or at any adjoining use or property. 2. Growing cannabis must comply with all applicable laws and shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities. 3. An odor maintenance plan must be submitted to the Cit.. approved by the City 4. At the City Council's discretion, the applicant may be required to provide plans that show appropriate odor control systems so as not to produce any noxious or dangerous gases or odors or create any to any person or entity in or near the facility. E. All mechanical, odor suppression equipment, and trash enclosures must be screened. F. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. G. Lighting 1. All site lighting must meet City Code requirements. All light fixtures must be downward directed with cut-offs and be architecturally designed to match the overall design of the building. 2. The specifications of all light fixtures must be provided to the City with the application for a conditional use permit. 3. A photometric plan must be submitted to the City with the application for a conditional use permit, indicating light measure at the property. line. 4. Lighting within a greenhouse is permitted between the hours of 4:30 a.m. and 10:00 p.m. Lighting at the site property lines shall not exceed 1.0 foot-candles at an,, time. H. Water and Wastewater 1. Management of wastewater shall be in accordance with the Office of Cannabis Management, Minnesota Pollution Control Agency, and City Ordinances. Where multiple standards exist, the more restrictive of the standards shall apply. 2. Water use within the site shall be designed to maximize the amount of water reuse possible. I. Sins Signs shall be in compliance with the Office of Cannabis Management and the CitX Code. Whenever a more restrictive standard exists, the more restrictive standard shall apply. J. Sale of Cannabinoid Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower -potency hemp edibles, or hemp -derived consumer products between the hours of: 1. 8:00 a.m. and 9:00 p.m. on Monday. through SaturdaX 2. 10:00 a.m. and 9:00 p.m. on Sundays K. In addition to the restrictions in this City Code Section 1325.047, Cannabis businesses must meet the Special Requirements for its zoning district for each type of use as stated in City Code Section 1320, for example, cannabis retail business in the GB Gateway Business District must meet the requirements outlined in City Code Section 1320.13. SECTION 4. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Arden Hills City Council on , 2024 enacts cannabis business and use standards in the Zoning Code in accordance with Minnesota State Statutes Sections 342 and 151.72. SECTION 5. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this of the City of Arden Hills, Minnesota. ATTEST: Julie Hanson, City Clerk day of , 20249 by the City Council CITY OF ARDEN HILLS David Grant, Mayor it N 3 W $ 4ZOZ'£Z aaquaajdag }p sy }uanno BuluoZ N01�09Q NW 'sIIIH u8pay10 APO uoi;ein6aN BuiuoZ sigeuueo Attachment D lt' ,-iREN HILLS MEMORANDUM DATE: November 6, 2024 PC Agenda Item - 3A TO: Planning Commission Chair and Commissioners FROM: T.J. Hofer, Consultant Planner SUBJECT: Planning Case #24-019 — Public Hearing Required Applicant: City of Arden Hills Request: Zoning Code Amendments Discussion — Chapter 13, Section 1305, 1320, 1325 — Cannabis Zoning Standards Requested Action The City of Arden Hills is proposing a text amendment to the zoning ordinance to establish definitions for cannabis uses, determine zoning districts for cannabis uses, and establish performance standards for cannabis uses. Zoning Code Text Amendments In 2023, cannabis was legalized for recreational use and the sale, possession, use, and growth of cannabis was decriminalized. The Office of Cannabis Management (OCM) is currently drafting rules and standards for licensing and use of facilities that will deal with cannabis. The first draft of the rules were made available on July 30, 2024, and A Guide for Local Governments on Adult -Use Cannabis (Local Guide) was published this year with the most recent version being updated in August. The current version of the Local Guide is attached. The OCM recently closed the application period of Social Equity Applicants and received over 1,800 applications. Licenses are anticipated to be issued shortly after the rules from OCM are finalized in 2025. A considerable number of changes to the City Code will be required to address the registration of cannabis businesses and the use of cannabis, however, the zoning ordinance is specifically used to control for the time, place, and manner of the operations of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses. Notably, if the City wishes to limit the amount of cannabis retail businesses within the City, this should not be done in the zoning ordinance, but in the section that establishes standards for registration. Non - retail businesses cannot be limited by number, but can be zoned for specific areas of the City. Page 1 of 5 Cannabis Businesses and Uses Minnesota State Statute sets a definition for the term "cannabis business." The use of this term means the following uses: (1) cannabis microbusiness; (2) cannabis mezzobusiness; (3) cannabis cultivator; (4) cannabis manufacturer; (5) cannabis retailer; (6) cannabis wholesaler; (7) cannabis transporter; (8) cannabis testing facility; (9) cannabis event organizer; (10) cannabis delivery service; (11) medical cannabis cultivator; (12) medical cannabis processor; (13) medical cannabis retailer; and (14) medical cannabis combination business. These "businesses" correlate with the types of licenses that will be available from the OCM. Without amendments to the Zoning Ordinance, all cannabis uses are considered permitted. In terms of zoning, we can narrow this list by looking at what activity is a part of each type of cannabis business. Use Grow Sell to a� Microbusiness X X X X X X X Mezzobusiness X X X X X X Cultivator X X X X X Manufacturer X X X Retailer X r. Wholesaler X a Testing X Event X X Transporter NA Delivery Services NA Microbusiness and mezzobusinesses are the two unique use names within cannabis. These uses can be compared to something like a small winery or brewery; however, on -site consumption of intoxicating products is prohibited. Microbusinesses and mezzobusinesses are allowed to cultivate, manufacture/process, package, and sell with their license. Businesses licensed as microbusinesses Page 2 of 5 or mezzobusinesses can operate multiple locations and the cultivation and manufacturing part of the license can be located separately from the retail location. As such, the uses may have multiple parts of a singular building that make up a single structure such as a warehouse type facility for Registration v. Licensing The OCM will issue and manage licenses for cannabis businesses. Retail operations for cannabis must register with local units of government before making retail sales to customers or patients. Currently, local government units are required to allow for one registration for every 12,500 residents. The statute specifies these registrants as cannabis retailers, cannabis mezzobusinesses with a retail operations endorsement, and cannabis microbusinesses with a retail operations endorsement. This minimum of one applies only to cannabis retailer registration. It is currently unclear if the City will be able to limit non -retailer uses to any capacity, however, staff believes uses that are not required to register cannot be prohibited. Draft Zoning Standards The first draft of rules from the OCM addresses many of the operational challenges related to cannabis such as security, testing, and tracking product through the commercial businesses. There are gaps left by the OCM's first draft that need to be addressed by local municipalities such as setbacks, odor control, screening, and nuisances. The OCM is still in the process of developing the final rules, so the below zoning standards are presented as a draft of what zoning regulations regarding cannabis uses may look like. Staff will continue to monitor the activity of OCM to ensure that the standards presented to the Commission reflect and work with the final rules from OCM. The City Council reviewed the draft ordinance included within the Local Guide from the OCM at their September 23, 2024, meeting and a first draft of the zoning standards at their October 14, 2024, meeting and gave direction for the standards. The Council were presented with the following questions: • Do the permitted districts reflect the vision of the City? • Should the 1,000 ft. setback apply to cannabis uses solely, or cannabis and hemp business? • Does the City want to require odor control measures that limit the odor to the property line or the exterior of the facility? • Are there hours of operations the City wants to impose on cannabis related businesses? • Does the City want to regulate cannabis testing facilities separately from other "Research and development facilities," which has more permissive standards? Changes from the work session include a new use for cannabis testing facilities, limiting cannabis retail uses to the B-4 zoning district, limiting cultivation, manufacturing, and wholesaling to the GB zoning district, limiting hours of sale of cannabinoids. The proposed standards have been drafted based on the first draft of rules that the OCM published on July 30, 2024, the City Council comments from the September 23, 2024, work session, and the City Council comments from the October 14, 2024, work session. The future ordinance amendment may change based on the future changes to the rule that the OCM has proposed. The standards include: Page 3 of 5 • A 1,000 ft. setback from schools as allowed by Minnesota State Statue • Use specific standards for indoor cultivation of cannabis -related to character area standards, odors, screening, lighting, and water management. • Use specific standards for cannabis microbusiness including consumption standards and references to other sections. • Use specific standards for light manufacturing, cannabis -related to hours of operation, warehousing, odors, screening, waste storage, lighting, and water management. Two aspects of cannabis uses have known potential for nuisances which are not addressed in the first draft of rules from OCM; odor and lighting. The draft language includes language to address these potential nuisances. Odor Control OCM has left odor control to be controlled at the local level aside from Minnesota Pollution Control Standards for nuisances. The draft standards include a condition that odor control systems be installed for uses where odor would be expected as part of the regular businesses (indoor cultivation, manufacturing, wholesaling). In researching standards for this, some communities require verification from a qualified industrial hygienist that appropriate odor control systems have been installed and continual monitoring was required. If the City wished to require this, the standards should be modified to reflect this. Lighting All uses will be required to meet the standards within the City Code for outdoor lighting, however, indoor cultivation has a specific need for lighting to facilitate plant growth. Indoor cultivation done in greenhouses will have semi -transparent structures and during the winter months, the indoor illumination needed for the plants to grow will be obvious from outside of the structure. In researching the use in other communities, it was found that 4:30 a.m. and 10:00 p.m. was a time frame that was used to allow this. Cannabis requires a lighting cycle of 12 hours of light and 12 hours of darkness for ideal growing conditions. This time frame could be more limited if the City desired. Outdoor Prohibition As part of a cultivator, microbusiness, and mezzobusiness license, cultivation is allowed and can either be indoor cultivation (greenhouses, hydroponics) or outdoor cultivation. Outdoor cultivation is not expected to be largely utilized as the growing conditions in Minnesota are not optimal for cannabis. Regardless, as the City has no agricultural districts or uses within it, the draft language includes a prohibition for outdoor uses. Cannabis Testing Facilities The City Council discussed testing facilities and requirements around the use at the October 14, 2024, work session. Ultimately it was determined based on the conversation at the work session that it would be beneficial to create a new use specifically for cannabis testing facilities rather than trying to use existing uses such as "Research and development facilities." Page 4 of 5 Options and Motion Language Staff have provided the following options and motion language for this case the Planning Commission should consider providing additional findings of fact as part of the motion to support their recommendation for approval or detail. Zoning Text Amendment • Recommend Approval: Motion to recommend approval of Planning Case 24-019 for a Zoning Code Amendments to Chapter 13 of the Arden Hills City Code to establish definitions for cannabis uses, establish zoning districts for cannabis uses, and establish performance standards for cannabis uses, based on the findings of fact and as presented in the November 6, 2024 Report to the Planning Commission. • Recommend Approval with Amendments: Motion to recommend approval of Planning Case 24-019 Zoning Code Amendments to Chapter 13 of the Arden Hills City Code to establish definitions for cannabis uses, establish zoning districts for cannabis uses, and establish performance standards for cannabis uses, based on the findings of fact and as presented in the November 6, 2024 Report to the Planning Commission with amendments: a specific reason should be included with all amendments. • Recommend Denial: Motion to recommend denial of Planning Case 24-019 for a Zoning Code Amendments to Chapter 13 of the Arden Hills City Code to establish definitions for cannabis uses, establish zoning districts for cannabis uses, and establish performance standards for cannabis uses, based on the findings of fact and as presented in the November 6, 2024 Report to the Planning Commission: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. • Table: Motion to table Planning Case 24-019 for a Zoning Code Amendments to Chapter 13 of the Arden Hills City Code to establish definitions for cannabis uses, establish zoning districts for cannabis uses, and establish performance standards for cannabis uses, based on the findings of fact and as presented in the November 6, 2024 Report to the Planning Commission: a specific reason and information request should be included with a motion to table. Public Comments A Zoning Code Amendment requires a public hearing. Notice was published in the Pioneer Press on October 24, 2024. The City has not received any public comments regarding this case. A ttn eh m Pn tc A) Draft Ordinance Amendment B) 1,000 ft. Buffer Map from Schools Q A Guide for Local Governments on Adult -Use Cannabis, Office of Cannabis Management Page 5 of 5 Attachment E �-ARZEN HILLS Approved: CITY OF ARDEN HILLS, MINNESOTA PLANNING COMMISSION WEDNESDAY, NOVEMBER 6, 2024 6:30 P.M. - ARDEN HILLS CITY HALL CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Chair Kurtis Weber called to order the regular Planning Commission meeting at 6:30 p.m. ROLL CALL Present were: Chair Kurtis Weber, Commissioners Brad Bjorklund, Shelley Blilie, Joshua Collins (attending remotely), Stephen Erler, and Ben Lindau. Absent: Commissioners Arlene Mitchell, Katie Stromberg, and Jonathan Wicklund Also present were: Interim City Administrator Jessica Jagoe, Consultant Planner TJ Hofer and Councilmember Emily Rousseau. APPROVAL OF AGENDA — NOVEMBER 6, 2024 Commissioner Biorklund moved, seconded by Commissioner Erler, to approve the November 6, 2024, agenda as presented. The motion carried unanimously (6-0). APPROVAL OF MINUTES October 9, 2024 — Planning Commission Regular Meeting Commissioner Erler moved, seconded by Commissioner Lindau, to approve the October 9, 2024, Planning Commission Regular Meeting as presented. The motion carried 5-0-1 (Commissioner Biorklund abstained). PLANNING CASES A. Planning Case 24-019 — Zoning Code Amendment to Chapter 13, Cannabis Zoning Standards — Public Hearing Consultant Planner Hofer stated in 2023, cannabis was legalized for recreational use and the sale, possession, use, and growth of cannabis was decriminalized. The Office of Cannabis Management (OCM) is currently drafting rules and standards for licensing and use of facilities that will deal with cannabis. The first draft of the rules were made available on July 30, 2024, and A Guide for Local Governments on Adult -Use Cannabis (Local Guide) was published this ARDEN HILLS PLANNING COMMISSION — November 6, 2024 2 year with the most recent version being updated in August. The OCM recently closed the application period of Social Equity Applicants and received over 1,800 applications. Licenses are anticipated to be issued shortly after the rules from OCM are finalized in 2025. Consultant Planner Hofer reported a considerable number of changes to the City Code will be required to address the registration of cannabis businesses and the use of cannabis, however, the zoning ordinance is specifically used to control for the time, place, and manner of the operations of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses. Notably, if the City wishes to limit the amount of cannabis retail businesses within the City, this should not be done in the zoning ordinance, but in the section that establishes standards for registration. Nonretail businesses cannot be limited by number, but can be zoned for specific areas of the City. Consultant Planner Hofer reviewed the proposed Ordinance in further detail with the Commission recommending approval of Planning Case 24-019 for a Zoning Code Amendments to Chapter 13 of the Arden Hills City Code to establish definitions for cannabis uses, establish zoning districts for cannabis uses, and establish performance standards for cannabis uses, based on the findings of fact and as presented in the November 6, 2024 Report to the Planning Commission. Consultant Planner Hofer reviewed the options available to the Planning Commission on this matter: 1. Recommend Approval 2. Recommend Approval with Amendments 3. Recommend Denial 4. Table Chair Weber opened the floor to Commissioner comments. Chair Weber commented on an error within the Ordinance that may violate the OCM requirements. He reviewed the hours of operation suggested in Section 3.3 within the model Ordinance, which was from 8:00 a.m. to 8:00 p.m. He stated this violates OCM regulations as businesses were allowed to be open until 9:00 p.m. He recommended the hours be changed from 8:00 a.m. to 9:00 p.m. Commissioner Collins asked if this ordinance update will effect restaurants that currently could not sell THC drinks but could sell alcohol. Consultant Planner Hofer explained the proposed Ordinance does not have any language regarding low potency hemp and THC products. He indicated the Ordinance does address the manufacturing of these products. He commented the sale of THC beverages and other low potency hemp products was considered and approved in 2023. Commissioner Collins reported Indeed Brewing creates alcoholic beverages and THC beverages. He inquired if this Ordinance would restrict this activity. Consultant Planner Hofer stated this Ordinance does not restrict this activity. He commented he was not well versed in the regulations surrounding the production of beer, wine, spirits and ARDEN HILLS PLANNING COMMISSION — November 6, 2024 3 cannabis products. He indicated any producer would need to be licensed through the OCM and believed this would be dealt with at the State level and not the local level. Commissioner Collins questioned if liquor stores could sell THC beverages in Arden Hills. Consultant Planner Hofer commented this Ordinance would not address this, rather this was addressed through previous legislation that addressed low potency products and was passed in 2023. He explained the Ordinance before the Commission was to address full potency cannabis products, which includes cannabis flowers, gummies and high potency THC beverages. Commissioner Bjorklund asked how many retail shops the City was required to have, since Arden Hills didn't have 12,500 residents. Consultant Planner Hofer reported the City was required to have at least one retail shop, but could choose to allow any number of shops through the registration process. Commissioner Bjorklund questioned if a 1,000 foot setback from schools, daycares and churches could be applied for this adult use. Consultant Planner Hofer stated as discussed by the City Council, this type of buffer was not allowed by state statute. He reported the Statute allows a 1,000 foot setback from schools and a 500 foot setback from daycares, residential treatment centers, and park equipment. Commissioner Bjorklund commented on how the B-4 district was set back as it was. He discussed how cannabis would be a destination purchase versus being an impulse purchase. He thanked staff for the time and thought they put into the proposed cannabis Ordinance. He asked how odor complaints would be addressed, noting he wanted complaints to be real and not harassing. Commissioner Lindau thanked staff for their efforts on the Ordinance. He indicated the only thing he saw that may have to be addressed was on Page 14 of the OCM Ordinance pertaining to cannabis events. He questioned if this language would be included in the City's ordinance. Consultant Planner Hofer reported temporary events would be regulated in the section that addresses registration. Chair Weber asked if the City was considering setting a cap on the number of retail establishments. Consultant Planner Hofer stated the City Council was considering setting the cap at one retail establishment. Further discussion ensued regarding how the City would choose a path forward for selecting the one retailer in the community. Chair Weber anticipated the retailer would be selected on a first come first served basis. Chair Weber opened the public hearing at 7:03 p.m. ARDEN HILLS PLANNING COMMISSION — November 6, 2024 4 Chair Weber invited anyone for or against the amendment to come forward and make comment. There being no comment Chair Weber closed the public hearing at 7:04 p.m. Commissioner Erler recommended the reference to local ordinances be changed to the City's ordinances. Chair Weber addressed odor control and agreed some sort of complaint system should be in place. He explained he supported the signage and outdoor cultivation recommendations. He discussed how the 1,000 foot school setback would impact where retail shops could be located in the City. He recommended this requirement be reconsidered to be less restrictive. He indicated the City should want to set up a business that succeeds. He commented on how the OCM was working reduce the stigma surrounding cannabis and he believed the goals from the OCM were admirable. He explained he supported cannabis retail in both the B-3 and B-4 zoning districts, and possibly the Gateway Business District. He reiterated that this was now a legal use in Minnesota and he wanted to see retail shops in Arden Hills succeed. He asked if the Commission would support an amendment to the Ordinance allowing for retail sales of cannabis in both the B-3, B-4 and Gateway Business districts. Commissioner Blilie stated she would support this amendment. Chair Weber questioned if the Commission would support an amendment to the setback language. He indicated he supported the 1,000 feet from schools, but questioned if the parking lot away from Mounds View High School should be included in the "school property". Consultant Planner Hofer stated this may be a question for the City Attorney on how school property is defined. Chair Weber suggested the Ordinance read the setback for schools shall be 1,000 feet, not separated by an interstate highway or freeway. Consultant Planner Hofer believed this type of amendment would be allowed and suggested the amendment reference principle arterials instead of interstate highways or freeways. Chair Weber moved and Commissioner Biorklund seconded a motion to recommend approval of Planning Case 24-019 for a Zoning Code Amendments to Chapter 13 of the Arden Hills City Code to establish definitions for cannabis uses, establish zoning districts (B-3, B-4 and Gateway Business) for cannabis uses, and establish performance standards for cannabis uses, based on the findings of fact, as presented in the November 6, 2024, report to the Planning Commission and as amended per the discussion of the Planning Commission amending Sections G-2, H-1, J-1, and Subdivision 2 with the Gateway Business District being excluded from the 1,000 foot setback from the Mounds View High School. The motion carried unanimously (6-0). UNFINISHED AND NEW BUSINESS None. ARDEN HILLS PLANNING COMMISSION — November 6, 2024 REPORTS A. Report from the City Council Councilmember Rousseau provided the Commission with an update from the City Council. She explained the City Council would be holding a special worksession meeting on Thursday, November 7 where Rice Creek Commons will be discussed. B. Planning Commission Comments and Requests Commissioner Bjorklund commended Chair Weber on being elected to the City Council. ADJOURN Commissioner Erler moved, seconded by Commissioner Bjorklund, to adiourn the November 6, 2024, Planning Commission Meeting at 7:28 p.m. The motion carried unanimously (6-0). 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CL i L E ,O CL E Q .� a) -0 -0 Q) O U , cn bn .� Z3 N Q 0 w E E O U U n Q C6 O ro U N (`M 0 N m 0 m O U N M rl L N Q ca C- u V) N E N E a O U 4A N O1 O IZT v Ln m W .E ca �i MINNeSOTA Attachment G OFFICE OF CANNABIS MANAGEMENT Version 1.4 Updated August 2024 Table of Contents Introduction............................................................... 3 About OCM............................................................... 4 CannabisLicense Types ............................................. 5 Adult- Use Cannabis Law ........................................... 7 CannabisLicens►ng Process ........................................ 8 General Authorities .................................................. 10 Zoningand LandUse ................................................ 12 LocalApproval Process ............................................. 15 Inspect►ons and Compliance Checks ........................ 18 Municipal Cannabis Stores ...................................... 19 Creating Your Local Ordinance ............................... 20 Additional Resources ................................................ 21 Introduction This guide serves as a general overview of Minnesota's new adult -use cannabis law, and how local governments can expect to be involved. The guide also provides important information about Minnesota's new Office of Cannabis Management (OCM), and the office's structure, roles, and responsibilities. While medical cannabis continues to play an important role in the state's cannabis environment, this guide is primarily focused on the adult -use cannabis law and marketplace. The following pages outline the variety of cannabis business licenses that will be issued, provide a broad summary of important aspects of the adult -use cannabis law, and cover a wide range of expectations and authorities that relate to local governments. This guide also provides best practices and important requirements for developing a local cannabis ordinance. Chapter 342 of Minnesota law was established by the State Legislature in 2023 and was updated in 2024. Mentions of "adult -use cannabis law" or "the law" throughout this guide refer to Chapter 342 and the changes made to it. As of this guide's date of publication, state regulations governing the adult -use cannabis market have not yet been published —this document will be updated when such regulations become effective. This guide is not a substitute for legal advice, nor does it seek to provide legal advice. Local governments and municipal officials seeking legal advice should consult an attorney. About OCM Minnesota's Office of Cannabis Management is the state regulatory office created to oversee the implementation and regulation of the adult -use cannabis market, the medical cannabis market, and the consumer hemp industry. Housed within OCM are the Division of Medical Cannabis (effective July 1, 2024), which operates the medical cannabis program, and the Division of Social Equity, which promotes development, stability, and safety in communities that have experienced a disproportionate, negative impact from cannabis prohibition and usage. M MINNeSOTA OFFICE OF CANNABIS MANAGEMENT OCM, through Chapter 342, is tasked with establishing rules and policy and exercising its regulatory authority over the Minnesota cannabis industry. In its duties, OCM is mandated to: • Promote public health and welfare. • Protect public safety. • Eliminate the illicit market for cannabis flower and cannabis products. • Meet the market demand for cannabis flower and cannabis products. • Promote a craft industry for cannabis flower and cannabis products. • Prioritize growth and recovery in communities that have experienced a disproportionate, negative impact from cannabis prohibition. OCM governs the application and licensing process for cannabis and hemp businesses, specific requirements for each type of license and their respective business activities, and conducts enforcement and inspection activities across the Minnesota cannabis and hemp industries. License Types Minnesota law allows for 13 different types of business licenses, each fulfilling a unique role in the cannabis and hemp supply chain. In addition to license types below, OCM will also issue endorsements to license holders to engage in specific activities, including producing, manufacturing, and sale of medical cannabis for patients. Microbusiness Microbusinesses may cultivate cannabis and manufacture cannabis products and hemp products, and package such products for sale to customers or another licensed cannabis business. Microbusiness may also operate a single retail location. Mezzobusiness Mezzobusinesses may cultivate cannabis and manufacture cannabis products and hemp products, and package such products for sale to customers or another licensed cannabis business. Mezzobusiness may also operate up to three retail locations. Cultivator Cultivators may cultivate cannabis and package such cannabis for sale to another licensed cannabis business. Manufacturer Manufacturers may manufacture cannabis products and hemp products, and package such products for sale to a licensed cannabis retailer. Retailer Retailers may sell immature cannabis plants and seedlings, cannabis, cannabis products, hemp products, and other products authorized by law to customers and patients. Wholesaler Wholesalers may purchase and/or sell immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products from another licensed cannabis business. Wholesalers may also import hemp -derived consumer products and lower -potency hemp edibles. License Types (continued) Transporter Transporters may transport immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products to licensed cannabis businesses. Testing Facility Testing facilities may obtain and test immature cannabis plants and seedlings, cannabis, cannabis products, and hemp products from licensed cannabis businesses. Event Organizer Event organizers may organize a temporary cannabis event lasting no more than four days. Delivery Service Delivery services may purchase cannabis, cannabis products, and hemp products from retailers or cannabis business with retail endorsements for transport and delivery to customers. Medical Cannabis Combination Business Medical cannabis combination businesses may cultivate cannabis and manufacture cannabis and hemp products, and package such products for sale to customers, patients, or another licensed cannabis business. Medical cannabis combination businesses may operate up to one retail location in each congressional district. Lower -Potency Hemp Edible Manufacturer Lower -potency hemp edible manufacturers may manufacture and package lower -potency hemp edibles for consumer sale, and sell hemp concentrate and lower -potency hemp edibles to other cannabis and hemp businesses. Lower -Potency Hemp Edible Retailer Lower -potency hemp edible retailers may sell lower -potency hemp edibles to customers. Each license is subject to further restrictions on allowable activities. Maximum cultivation area and manufacturing allowances vary by license type. Allowable product purchase, transfer, and sale between licensees are subject to restrictions in the law. The Adult- Use Cannabis Law Minnesota's new adult -use cannabis law permits the personal use, possession, and transportation of cannabis by those 21 years of age and older, and allows licensed businesses to conduct cultivation, manufacturing, transport, delivery, and sale of cannabis and cannabis products. For Individuals • Possession limits: o Flower - 2 oz. in public, 2 lbs. in private residence • Concentrate - 8 g o Edibles (including lower -potency hemp) - 800 mg THC • Consumption only allowed on private property or at licensed businesses with on -site consumption endorsements. Consumption not allowed in public. • Gifting cannabis to another individual over 21 years old is allowed, subject to possession limits. • Home cultivation is limited to four mature and four immature plants (eight total) in a single residence. Plants must be in an enclosed and locked space. • Home extraction using volatile substances (e.g., butane, ethanol) is not allowed. • Unlicensed sales are not allowed. For Businesses • Advertising: o May not include or appeal to those under 21 years old. o Must include proper warning statements. o May not include misleading claims or false statements. o Billboards are not allowed. • The flow of all products through the supply chain must be tracked by the state -authorized tracking system. • All products sold to consumers and patients must be tested for contaminants. • Home delivery is allowed by licensed businesses. The Cannabis Licensing Process An applicant will take the following steps to proceed from application to active licensure. As described, processes vary depending on social equity status and/or whether the type of license being sought is capped or uncapped in the general licensing process. License Prea p proval: Early Mover Process for Social Equity Applicants The license preapproval process is a one-time application process available for verified social equity applicants. State law requires OCM to open the application window on July 24, 2024, and close the window on August 12, 2024. The preapproval process is available for the following license types, and all are capped in this process: microbusiness, mezzobusiness, cultivator, retailer, wholesaler, transporter, testing facility, and delivery service. Preapproval steps: 1. Applicant's social equity applicant (SEA) status verified. 2. Complete application and submit application fees. 3. Application vetted for minimum requirements by OCM. 4. Application (if qualified) entered into lottery drawing. 5. If selected in lottery, OCM completes background check of selected applicant and issues license preapproval. 6. Applicant with license preapproval* submits business location and amends application accordingly. 7. OCM forwards completed application to local government. 8. Local government completes certification of zoning compliance. 9. OCM conducts site inspection. 10. When regulations are adopted, license becomes active, operations may commence. *For social equity applicants with license preapproval for microbusiness, mezzobusiness, or a cultivator license, they may begin growing cannabis plants prior to the adoption of rules if OCM receives approval from local governments in a form and manner determined by the office. This is only applicable to cultivation and does not authorize retail sales or other endorsed activities of the licenses prior to the adoption of rules. The Cannabis Licensing Process (cont.) The general licensing process will align with the adoption of rules and OCM will share more information about the timing of general licensing process. The general licensing process includes social equity applicants and non-social equity applicants. General Licensing: Cultivator, Manufacturer, Retailer, Mezzobusiness 1. Complete application and submit application fees. 2. Application vetted for minimum requirements by OCM. 3. Application (if qualified) entered into lottery drawing. 4. If selected in lottery, OCM completes background check of selected applicant and issues preliminary approval. 5. Applicant with preliminary approval submits business location and amends application accordingly. 6. OCM forwards completed application to local government. 7. Local government completes certification of zoning compliance. 8. OCM conducts site inspection. 9. License becomes active, operations may commence.* General Licensing: Microbusiness, Wholesaler, Transporter, Testing Facility, Event Organizer 1. Complete application and submit application fees. 2. Application vetted for minimum requirements by OCM. 3. For qualified applicants, OCM completes background check of vetted applicant and issues preliminary approval. 4. Selected applicant submits business location and amends application accordingly. 5. OCM forwards completed application to local government. 6. Local government completes certification of zoning compliance. 7. OCM conducts site inspection. 8. License becomes active, operations may commence.* *For businesses seeking a retail endorsement (microbusiness, mezzobusiness, and retailer), a valid local retail registration is required prior to the business commencing any retail sales. See Page 16 for information on the local retail registration process. General Authorities Local governments in Minnesota have various means of oversight over the cannabis market, as provided by the adult -use cannabis law. Local governments may not issue outright bans on cannabis business, or limit operations in a manner beyond what is provided by state law. Cannabis Retail Restrictions (342.13) Local governments may limit the number of retailers and microbusiness/mezzobusinesses with retail endorsements allowed within their locality, as long as there is at least one retail location per 12,500 residents. Local units of government are not obligated to seek out a business to register as cannabis business if they have not been approached by any potential applicants, but cannot prohibit the establishment of a business if this population requirement is not met. Local units of government may also issue more than the minimum number of registrations. Per statutory direction, a municipal cannabis store (Page 19) cannot be included in the minimum number of registrations required. For population counts, the state demographer estimates will likely be utilized. Tribal Governments (342.13) OCM is prohibited from and will not issue state licenses to businesses in Indian Country without consent from a tribal nation. Tribal nations hold the authority to license tribal cannabis businesses on tribal lands — this process is separate than OCM's licensing process and authority. Subject to compacting, Tribal nations may operate cannabis businesses off tribal lands. There will be more information available once the compacting processes are complete. Taxes (295.81; 295.82) Retail sales of taxable cannabis products are subject to the state and local sales and use tax and a 10% gross receipts tax. Cannabis gross receipts tax proceeds are allocated as follows: 20% to the local government cannabis aid account and 80% to the state general fund. Local taxes imposed solely on sale of cannabis products are prohibited. Cannabis retailers will be subject to the same real property tax classification as all other retail businesses. Real property used for raising, cultivating, processing, or storing cannabis plants, cannabis flower, or cannabis products for sale will be classified as commercial and industrial property. General Authorities (cont.) Retail Timing Restrictions (342.13) Local governments may prohibit retail sales of cannabis between the hours of 8 a.m. and 10 a.m. Monday -Saturday, and 9 p.m. and 2 a.m. the following day. Operating Multiple Locations with One License Certain cannabis licenses allow for multiple retail locations to be operated under a single license, with the following limitations: • Retailers: up to five retail locations. • Mezzo businesses: up to three retail locations. • Microbusinesses: up to one retail location. • Medical cannabis combination businesses: one retail location per congressional district. Additionally, medical cannabis combination businesses may cultivate at more than one location within other limitations on cultivation. For all other license types, one license permits the operation of one location. Each retail location requires local certification and/or registration. r Zoning and Land Use Buffer Guidelines (342.13) State law does not restrict how a local government conducts its zoning designations for cannabis businesses, except that they 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 playgrounds and athletic fields. Zoning Guidelines While each locality conducts its zoning differently, a few themes have emerged across the country. For example, cannabis manufacturing facilities are often placed in industrial zones, while cannabis retailers are typically found in commercial/retail zones. Cannabis retail facilities align with general retail establishments and are prohibited from allowing consumption or use onsite, and are also required to have plans to prevent the visibility of cannabis and hemp -derived products to individuals outside the retail location. Industrial hemp is an agricultural product, and should be zoned as such. Cannabis businesses should be zoned under existing zoning ordinances in accordance with the license type or endorsed activities held by the cannabis business. Note that certain types of licenses may be able to perform multiple activities which may have different zoning analogues. In the same way municipalities may zone a microbrewery that predominately sells directly to onsite consumers differently than a microbrewery that sells packaged beer to retailers and restaurants, so too might a municipality wish to zone two microbusinesses based on the actual activities that each business is undertaking. Table 1, included on Pages 13 and 14, explains the types of activities that cannabis businesses might undertake, as well as, some recommended existing zoning categories. Zoning and Land Use (cont.) Table 1: Cannabis and Hemp Business Activities Endorsed Activity License Type Eligible to Do Endorsed Activity Comparable Description of Activity Districts Municipal Considerations Odor ''Cultivation" means any Indoor: Potential need for Cultivator activity involving the planting, Industrial, transportation from Mezzobusiness growing, harvesting, drying, Commercial facility Cultivation Microbusiness curing, grading, or trimming Production Medical Cannabis of cannabis plants, cannabis Combination flower, hemp plants, or hemp Outdoor: Waste, water, and plant parts. Agricultural energy usage Security Odor Manufacturer This group of endorsed Potential need for Cannabis activities turn raw, dried transportation from Manufacturing, Mezzobusiness cannabis and cannabis parts Industrial, facility Processing, Microbusiness into other types of cannabis Commercial, Extraction Medical Cannabis products, e.g. edibles or Production Waste, water, and Combination topicals. energy usage Security Lower- Potency Industrial, Odor Hemp Hemp Edible These business convert hemp Commercial, Waste, water, and Manufacturing (LPHE) into LPHE edible prodcuts. Manufacturing Production energy Wholesale This activity and license type Cultivator allows a business to purchase Need for Manufacturer from a business growing or Industrial, transportation from Wholesale Mezzobusiness manufacturing cannabis or Commercial, facility Microbusiness cannabis products and sell to Production Medical Cannabis a cannabis business engaged Security Combination in retail. Zoning and Land Use (cont.) Table 1: Cannabis and Hemp Business Activities (continued) DescriptionLicense Type Endorsed Activity Eligible to Do Activity .. Districts Considerations Micros may offer This endorsed Retail, Neighborhood onsite consumption, Retailer activity and license Shopping Districts, similar to breweries. Mezzobusiness types allow a business Cannabis Retail Microbusiness to sell cannabis and Light Industrial, Micros and Mezzos Medical Cannabis cannabis products Existing districtsmay include multiple Combination directly to where off -sale liquoractivities: cultivation, consumers. or tobacco sales are manufacture, and/or allowed. retail. Fleet based business This license type that will own multiple Cannabis allows a company to vehicles, but not Transportation transport products necessarily hold a Transporter from one license substantial amount type to another. of cannabis or cannabis products. Fleet based business that will own multiple This license type vehicles, but not Delivery Cannabis Delivery allows for necessarily hold a transportation to the substantial amount end consumer. of cannabis or cannabis products. On site This license entitles Anywhere that the license holder to city permits events consumption. Events Event Organizer organizer a to occur, subject to Retail sales by a temporary event other restrictions licensed or endorsed lasting no more than related to cannabis retail business four days. use. possible. Local Approval Process Local governments play a critical role in the licensing process, serving as a near -final approval check on cannabis businesses nearing the awarding of a state license for operations. Once an applicant has been vetted by OCM and is selected for proceeding in the verification process, they are then required to receive the local government's certification of zoning compliance and/or local retail registration before operations may commence. Local Certification of Zoning Compliance (342.13; 342.14) Following OCM's vetting process, local governments must certify that the applicant with preliminary approval has achieved compliance with local zoning ordinances prior to the licensee receiving final approval from OCM to commence operations. During the application and licensing process for cannabis businesses, OCM will notify a local government when an applicant intends to operate within theirjurisdiction and request a certification as to whether a proposed cannabis business complies with local zoning ordinances, and if applicable, whether the proposed business complies with state fire code and building code. According to Minnesota's cannabis law, a local unit of government has 30 days to respond to this request for certification of compliance. If a local government does not respond to OCM's request for certification of compliance within the 30 days, the cannabis law allows OCM to issue a license. OCM may not issue the final approval for a license if the local government has indicated they are not in compliance. OCM will work with local governments to access the licensing software system to complete this zoning certification process. Local Approval Process (cont.) Local Retail Registration Process (342.22) Once the licensing process begins, local government registration applies to cannabis retailers or other cannabis/hemp businesses seeking a retail endorsement. Local governments must issue a retail registration after verifying that: • The business has a valid license or license preapproval issued by OCM. • The business has paid a registration fee or renewal fee to the local government; o Initial registration fees collected by a local government may be $500 or half the amount of the applicable initial license fee, whichever is less, and renewal registration fees may be $1,000 or half the amount of the applicable renewal license fee, whichever is less. • The business is found to be in compliance with Chapter 342 and local ordinances. • If applicable, the business is current on all property taxes and assessments for the proposed retail location. Local registrations may also be issued by counties if the respective local government transfers such authorities to the county. Determining a Process for Limiting Retail Registrations If a local government wishes to place a limitation on the number of retailers and microbusiness/mezzobusinesses with retail endorsements allowed within their locality (as long as there is at least one retail location per 12,500 residents, see Page 10), state law does not define the process for a local government's selection if there are more applicants than registrations available. A few options for this process include the use of a lottery, a first-come/first-serve model, a rolling basis, and others. Local governments should work with an attorney to determine their specific process for selection if they wish to limit the number of licensed cannabis retailers per 342.13. Local governments are not required to limit the number of licensed cannabis retailers. Local Approval Process (cont.) Local governments are permitted specific authorities for registration refusal and registration suspension, in addition to —and not in conflict with—OCM authorities. Registration and Renewal Refusals Local governments may refuse the registration and/or certification of a license renewal if the license is associated with an individual or business who no longer holds a valid license, has failed to pay the local registration or renewal fee, or has been found in noncompliance in connection with a preliminary or renewal compliance check. Local Registration Suspension (342,22) Local governments may suspend the local retail registration of a cannabis business or hemp business if the business is determined to not be operating in compliance with a local ordinance authorized by 342.13 or if the operation of the business poses an immediate threat to the health and safety of the public. The local government must immediately notify OCM of the suspension if it occurs. OCM will review the suspension and may reinstate the registration or take enforcement action. Expedited Complaint Process (342.13) Per state law, OCM will establish an expedited complaint process during the rulemaking process to receive, review, read, and respond to complaints made by a local unit of government about a cannabis business. Upon promulgation of rules, OCM will publish the complaint process. 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. Within this process, if a local government notifies OCM that a cannabis business poses an immediate threat to the health or safety of the public, the office must respond within one business day. Inspections & Compliance Checks Local governments are permitted specific business inspection and compliance check authorities, in addition to —and not in conflict with—OCM authorities. Inspections and Compliance Checks (342.22) Local governments must conduct compliance checks for cannabis and hemp businesses holding retail registration at least once per calendar year. These compliance checks must verify compliance with age verification procedures and compliance with any applicable local ordinance established pursuant to 342.13. OCM maintains inspection authorities for all cannabis licenses to verify compliance with operation requirements, product limits, and other applicable requirements of Chapter 342. of— W 1W I M ar: Municipal Cannabis Stores As authorized in Chapter 342.32, local governments are permitted to apply for a cannabis retail license to establish and operate a municipal cannabis store. State law requires OCM issue a license to a city or county seeking to operate a single municipal cannabis store if the city or county: ((IIIIIII) • Submits required application information to OCM, • Meets minimum requirements for licensure, and • Pays applicable application and license fee. A municipal cannabis store will not be included in the total count of retail licenses issued by the state under Chapter 342. A municipal cannabis store cannot be counted as retail registration for purposes of determining whether a municipality's cap on retail registrations imposed by ordinance. Creating Your Local Ordinance As authorized in 342.13, a local government may adopt a local ordinance regarding cannabis businesses. Establishing local governments' ordinances on cannabis businesses in a timely manner is critical for the ability for local cities or towns to establish local control as described in the law, and is necessary for the success of the statewide industry and the ability of local governments to protect public health and safety. The cannabis market's potential to createjobs, generate revenue, and contribute to economic development at the local and state level is supported through local ordinance work. The issuance of local certifications and registrations to prospective cannabis businesses is also dependent on local ordinances. • Local governments may not prohibit the possession, transportation, or use of cannabis, or the establishment or operation of a cannabis business licensed under state law. • Local governments may adopt reasonable restrictions on the time, place, and manner of cannabis business operations (see Page 11). • Local governments may adopt interim ordinances to protect public safety and welfare, as any studies and/or further considerations on local cannabis activities are being conducted, until January 1, 2025. A public hearing 0 must be held prior to adoption of an interim ordinance. •. 0 •� • If your local government wishes to operate a municipal O cannabis store, the establishment and operation of such •� a facility must be considered in a local ordinance. Model Ordinance For additional guidance regarding the creation of a cannabis related ordinance, please reference the addendum in this packet. Additional Resources OCM Toolkit for Local Partners Please visit OCM webpage (mn.gov/ocm/local-governments/) for additional information, including a toolkit of resources developed specifically for local government partners. The webpage will be updated as additional information becomes available and as state regulations are adopted. These resources are also included in the addendum of this packet. Toolkit resources include: • Appendix A: Model Ordinance • Appendix B: Retail Registration Form and Checklist • Appendix C: Hemp Flower and Hemp -Derived Cannabinoid Product Checklist • Appendix D: Enforcement Notice from the Office of Cannabis Management • Appendix E: Notice to Unlawful Cannabis Sellers Local Organizations There are several organizations who also have developed resources to support local governments regarding the cannabis industry. Please feel free to contact the following for additional resources: • League of Minnesota Cities • Association of Minnesota Counties • Minnesota Public Health Law Center Appendix A: Model Ordinance Cannabis Model Ordinance The following model ordinance is meant to be used as a resource for cities, counties, and townships within Minnesota. The italicized text in red is meant to provide commentary and notes to jurisdictions considering using this ordinance and should be removed from any ordinance formally adopted by said jurisdiction. Certain items are not required to be included in the adopted ordinance: 'OR' and (optional) are placed throughout for areas where a jurisdiction may want to consider one or more choices on language. Section 1 Administration Section 2 Registration of Cannabis Business Section 3 Requirements for a Cannabis Business (Time, Place, Manner) Section 4 Temporary Cannabis Events Section 5 Lower Potency Hemp Edibles Section 6 Local Government as a Retailer Section 7 Use of Cannabis in Public AN ORDINANCE OF THE (CITY/COUNTY OF ) TO REGULATE CANNABIS BUSINESSES The (city council/town board/county board) of (city/town/county) hereby ordains: Section 1. Administration 1.1 Findings and Purpose (insert local authority) makes the following legislative findings: The purpose of this ordinance is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes (insert local authority) to protect the public health, safety, welfare of (insert local here) residents by regulating cannabis businesses within the legal boundaries of (insert local here). (insert local authority) finds and concludes that the proposed provisions are appropriate and lawful land use regulations for (insert local here), that the proposed amendments will promote the community's interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good. 1.2 Authority & Jurisdiction A county can adopt an ordinance that applies to unincorporated areas and cities that have delegated authority to impose local zoning controls. (insert local authority) has the authority to adopt this ordinance pursuant to: a) Minn. Stat. 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of 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. b) Minn. Stat. 342.22, regarding the local registration and enforcement requirements of state -licensed cannabis retail businesses and lower -potency hemp edible retail businesses. c) Minn. Stat. 152.0263, Subd. 5, regarding the use of cannabis in public places. d) Minn. Stat. 462.357, regarding the authority of a local authority to adopt zoning ordinances. Ordinance shall be applicable to the legal boundaries of (insert local here). (Optional) (insert city here) has delegated cannabis retail registration authority to (insert county here). However, (insert city here) may adopt ordinances under Sections (2.6, 3 and 4) if (insert county here) has not adopted conflicting provisions. 1.3 Severability If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. 1.4 Enforcement The elected body of a jurisdiction can choose to designate an official to administer and enforce this ordinance. The (insert name of local government or designated official) is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law. Violations of this ordinance can occur regardless of whether or not a permit is required for a regulated activity listed in this ordinance. 1.5 Definitions 1. Unless otherwise noted in this section, words and phrases contained in Minn. Stat. 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this ordinance. 2. Cannabis Cultivation: A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant. harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office. 3. Cannabis Retail Businesses: A retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, (and/excluding) lower -potency hemp edible retailers. 4. Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form. 5. Daycare: A location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day. 6. Lower -potency Hemp Edible: As defined under Minn. Stat. 342.01 subd. 50. 7. Office of Cannabis Management: Minnesota Office of Cannabis Management, referred to as "OCM" in this ordinance. 8. Place of Public Accommodation: A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public. 9. Preliminary License Approval: OCM pre -approval for a cannabis business license for applicants who qualify under Minn. Stat. 342.17. 10. Public Place: A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation. 11. Residential Treatment Facility: As defined under Minn. Stat. 245.462 subd. 23. 12. Retail Registration: An approved registration issued by the (insert local here) to a state - licensed cannabis retail business. 13. School: A public school as defined under Minn. Stat. 120A.05 or a nonpublic school that must meet the reporting requirements under Minn. Stat. 120A.24. 14. State License: An approved license issued by the State of Minnesota's Office of Cannabis Management to a cannabis retail business. Section 2. Registration of Cannabis Businesses A city or town can delegate authority for registration to the County. A city or town can still adopt specific requirement regarding zoning, buffers, and use in public places, provided said requirements are not in conflict with an ordinance adopted under the delegated authority granted to the County. 2.1 Consent to registering of Cannabis Businesses No individual or entity may operate a state -licensed cannabis retail business within (insert local here) without first registering with (insert local here). Any state -licensed cannabis retail business that sells to a customer or patient without valid retail registration shall incur a civil penalty of (up to $2,000) for each violation. 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. 2.2 Compliance Checks Prior to Retail Registration A jurisdiction can choose to conduct a preliminary compliance check prior to issuance of retail registration. Prior to issuance of a cannabis retail business registration, (insert local here) (shall/shall not) conduct a preliminary compliance check to ensure compliance with local ordinances. Pursuant to Minn. Stat. 342, within 30 days of receiving a copy of a state license application from OCM, (insert local here) shall certify on a form provided by OCM whether a proposed cannabis retail business complies with local zoning ordinances and, if applicable, whether the proposed business complies with the state fire code and building code. 2.3 Registration & Application Procedure 2.3.1 Fees. (insert local here) shall not charge an application fee. A registration fee, as established in (insert local here)'s fee schedule, shall be charged to applicants depending on the type of retail business license applied for. An initial retail registration fee shall not exceed $500 or half the amount of an initial state license fee under Minn. Stat. 342.11, whichever is less. The initial registration fee shall include the initial retail registration fee and the first annual renewal fee. Any renewal retail registration fee imposed by (insert local here) shall be charged at the time of the second renewal and each subsequent renewal thereafter. A renewal retail registration fee shall not exceed $1,000 or half the amount of a renewal state license fee under Minn. Stat. 342.11, whichever is less. A medical combination business operating an adult -use retail location may only be charged a single registration fee, not to exceed the lesser of a single retail registration fee, defined under this section, of the adult -use retail business. 2.3.2 Application Submittal. The (insert local here) shall issue a retail registration to a state -licensed cannabis retail business that adheres to the requirements of Minn. Stat. 342.22. (A) An applicant for a retail registration shall fill out an application form, as provided by the (insert local here). Said form shall include, but is not limited to: i. Full name of the property owner and applicant; ii. Address, email address, and telephone number of the applicant; iii. The address and parcel ID for the property which the retail registration is sought; iv. Certification that the applicant complies with the requirements of local ordinances established pursuant to Minn. Stat. 342.13. V. (Insert additional standards here) (B) The applicant shall include with the form: i. the registration fee as required in [Section 2.3.1]; ii. a copy of a valid state license or written notice of OCM license preapproval; iii. (Insert additional standards here) (C) Once an application is considered complete, the (insert local government designee) shall inform the applicant as such, process the application fees, and forward the application to the (insert staff/department, or elected body that will approve or deny the request) for approval or denial. (D) The application fee shall be non-refundable once processed. 2.3.3 Application Approval (A) (Optional) A state -licensed cannabis retail business application shall not be approved if the cannabis retail business would exceed the maximum number of registered cannabis retail businesses permitted under Section 2.6. (B) A state -licensed cannabis retail business application shall not be approved or renewed if the applicant is unable to meet the requirements of this ordinance. (C) A state -licensed cannabis retail business application that meets the requirements of this ordinance shall be approved. 2.3.4 Annual Compliance Checks. The (insert local here) shall complete at minimum one compliance check per calendar year of every cannabis business to assess if the business meets age verification requirements, as required under [Minn. Stat. 342.22 Subd. 4(b) and Minn. Stat. 342.24] and this/these [chapter/section/ordinances]. The (insert local here) shall conduct at minimum one unannounced age verification compliance check at least once per calendar year. Age verification compliance checks shall involve persons at least 17 years of age but under the age of 21 who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase adult -use cannabis flower, adult -use cannabis products, lower -potency hemp edibles, or hemp -derived consumer products under the direct supervision of a law enforcement officer or an employee of the local unit of government. Any failures under this section must be reported to the Office of Cannabis Management. 2.3.5 Location Change A jurisdiction may decide to treat location changes as a new registration, or alternatively treat a location change as allowable subject to compliance with the rest of the registration process. A state -licensed cannabis retail business shall be required to submit a new application for registration under Section 2.3.2 if it seeks to move to a new location still within the legal boundaries of (insert local here). or If a state -licensed cannabis retail business seeks to move to a new location still within the legal boundaries of (insert local here), it shall notify (insert local here) of the proposed location change, and submit necessary information to meet all the criteria in this paragraph. 2.4 Renewal of Registration The (insert local here) shall renew an annual registration of a state -licensed cannabis retail business at the same time OCM renews the cannabis retail business' license. A state -licensed cannabis retail business shall apply to renew registration on a form established by (insert local here). A cannabis retail registration issued under this ordinance shall not be transferred. 2.4.1 Renewal Fees. The (insert local here) may charge a renewal fee for the registration starting at the second renewal, as established in (insert local here)'s fee schedule. 2.4.2 Renewal Application. The application for renewal of a retail registration shall include, but is not limited to: • Items required under Section 2.3.2 of this Ordinance. • Insert additional items here 2.5 Suspension of Registration 2.5.1 When Suspension is Warranted. The (insert local here) may suspend a cannabis retail business's registration if it violates the ordinance of (insert local here) or poses an immediate threat to the health or safety of the public. The (insert local here) shall immediately notify the cannabis retail business in writing the grounds for the suspension. 2.5.2 Notification to OCM. The (insert local here) shall immediately notify the OCM in writing the grounds for the suspension. OCM will provide (insert local here) and cannabis business retailer a response to the complaint within seven calendar days and perform any necessary inspections within 30 calendar days. 2.5.3 Length of Suspension. A jurisdiction can wait for a determination from the OCM before reinstating a registration. The suspension of a cannabis retail business registration may be for up to 30 calendar days, unless OCM suspends the license for a longer period. The business may not make sales to customers if their registration is suspended. The (insert local here) may reinstate a registration if it determines that the violations have been resolved. The (insert local here) shall reinstate a registration if OCM determines that the violation(s) have been resolved. 2.5.4 Civil Penalties. Subject to Minn. Stat. 342.22, subd. 5(e) the (insert local here) may impose a civil penalty, as specified in the (insert local here)'s Fee Schedule, for registration violations, not to exceed $2,000. 2.6 Limiting of Registrations A jurisdiction may choose to set a limit on the number of retail registrations within its boundaries. The jurisdiction may not however, limit the number of registrations to fewer than one per 12,500 residents. (Optional) The (insert local here) shall limit the number of cannabis retail businesses to no fewer than one registration for every 12,500 residents within (insert local legal boundaries here). (Optional) If (insert county here) has one active cannabis retail businesses registration for every 12,500 residents, the (insert local here) shall not be required to register additional state -licensed cannabis retail businesses. (Optional) The (insert local here) shall limit the number of cannabis retail businesses to (insert number <= minimum required). Section 3. Requirements for Cannabis Businesses State Statutes note that jurisdictions may "adopt reasonable restrictions on the time, place, and manner of the operation of a cannabis business." A jurisdiction considering other siting requirements (such as a buffer between cannabis businesses, or a buffer from churches) should consider whether there is a basis to adopt such restrictions. 3.1 Minimum Buffer Requirements A jurisdiction can adopt buffer requirements that prohibit the operation of a cannabis business within a certain distance of schools, daycares, residential treatment facilities, or from an attraction within a public park that is regularly used by minors, including a playground or athletic field. Buffer requirements are optional. A jurisdiction cannot adopt larger buffer requirements than the requirements here in Section 3.1. A jurisdiction should use a measuring system consistent with the rest of its ordinances, e.g. from lot line or center point of lot. (Optional) The (insert local here) shall prohibit the operation of a cannabis business within [0-1,000] feet of a school. (Optional) The (insert local here) shall prohibit the operation of a cannabis business within [0-500] feet of a day care. (Optional) The (insert local here) shall prohibit the operation of a cannabis business within [0-500] feet of a residential treatment facility. (Optional) The (insert local here) shall prohibit the operation of a cannabis business within [0-500] feet of an attraction within a public park that is regularly used by minors, including a playground or athletic field. (Optional) The (insert local here) shall prohibit the operation of a cannabis retail business within [X] feet of another cannabis retail business. Pursuant to Minn. Stat. 462.357 subd. 1e, nothing in Section 3.1 shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a (school/daycare/residential treatment facility/attraction within a public park that is regularly used by minors) moves within the minimum buffer zone. 3.2 Zoning and Land Use For jurisdictions with zoning, said jurisdiction can limit what zone(s) Cannabis businesses can operate in. As with other uses in a Zoning Ordinance, a jurisdiction can also determine if such use requires a Conditional or Interim Use permit. A jurisdiction cannot outright prohibit a cannabis business. A jurisdiction should amend their Zoning Ordinance and list what zone(s) Cannabis businesses are permitted in, and whether they are permitted, conditional, or interim uses. While each locality conducts its zoning differently, a few themes have emerged across the country. For example, cannabis manufacturing facilities are often placed in industrial zones, while cannabis retailers are typically found in commercial/retail zones. Cannabis retail facilities align with general retail establishments and are prohibited from allowing consumption or use onsite and are also required to have plans to prevent the visibility of cannabis and hemp -derived products to individuals outside the retail location. Cannabis businesses should be zoned under existing zoning ordinances in accordance with the license type or endorsed activities held by the cannabis business. 3.2.1. Cultivation. Cannabis businesses licensed or endorsed for cultivation are permitted as a (type of use) in the following zoning districts: • (Insert zoning districts use is permitted in here) • (Insert zoning districts use is permitted in here) 3.2.1. Cannabis Manufacturer. Cannabis businesses licensed or endorsed for cannabis manufacturer are permitted as a (type of use) in the following zoning districts: • (Insert zoning districts use is permitted in here) • (Insert zoning districts use is permitted in here) 3.2.1. Hemp Manufacturer. Businesses licensed or endorsed for low -potency hemp edible manufacturers permitted as a (type of use) in the following zoning districts: • (Insert zoning districts use is permitted in here) • (Insert zoning districts use is permitted in here) 3.2.1. Wholesale. Cannabis businesses licensed or endorsed for wholesale are permitted as a (type of use) in the following zoning districts: • (Insert zoning districts use is permitted in here) • (Insert zoning districts use is permitted in here) 3.2.1. Cannabis Retail. Cannabis businesses licensed or endorsed for cannabis retail are permitted as a (type of use) in the following zoning districts: • (Insert zoning districts use is permitted in here) • (Insert zoning districts use is permitted in here) 3.2.1. Cannabis Transportation. Cannabis businesses licensed or endorsed for transportation are permitted as a (type of use) in the following zoning districts: • (Insert zoning districts use is permitted in here) • (Insert zoning districts use is permitted in here) 3.2.1. Cannabis Delivery. Cannabis businesses licensed or endorsed for delivery are permitted as a (type of use) in the following zoning districts: • (Insert zoning districts use is permitted in here) • (Insert zoning districts use is permitted in here) 3.3 Hours of Operation State law limits the retail sale of cannabis flower, cannabis products, lower -potency hemp edibles, or hemp -derived consumer products to the hours of: • Monday -Saturday: 8 a.m.-2 a.m. the following day • Sunday: 10 a.m.-2 a.m. A local jurisdiction may adopt an ordinance prohibiting sales for any period between the hours of 8 a.m.-10 a.m. and between 9 p.m.-2 a.m. the following day, seven days a week. (Optional) Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower -potency hemp edibles, or hemp -derived consumer products between the hours of (insert time here) and (insert time here). 3.4 (Optional) Advertising Cannabis businesses are permitted to erect up to two fixed signs on the exterior of the building or property of the business, unless otherwise limited by (insert local here)'s sign ordinances. Section 4. Temporary Cannabis Events Any individual or business seeking to obtain a cannabis event license must provide OCM information about the time, location, layout, number of business participants, and hours of operation. A cannabis event organizer must receive local approval, including obtaining any necessary permits or licenses issued by a local unit of government before holding a cannabis event. 4.1 License or Permit Required for Temporary Cannabis Events 4.1.1 License Required. A cannabis event organizer license entitles the license holder to organize a temporary cannabis event lasting no more than four days. A jurisdiction should determine what type of approval is consistent with their existing ordinances for events. A license or permit is required to be issued and approved by (insert local here) prior to holding a Temporary Cannabis Event. 4.1.2 Registration & Application Procedure A registration fee, as established in (insert local here)'s fee schedule, shall be charged to applicants for Temporary Cannabis Events. 4.1.3 Application Submittal & Review. The (insert local here) shall require an application for Temporary Cannabis Events. (A) An applicant for a retail registration shall fill out an application form, as provided by the (insert local here). Said form shall include, but is not limited to: Full name of the property owner and applicant; ii. Address, email address, and telephone number of the applicant; iii. (Insert additional standards here) (B) The applicant shall include with the form: the application fee as required in (Section 4.1.2); a copy of the OCM cannabis event license application, submitted pursuant to 342.39 subd. 2. The application shall be submitted to the (insert local authority), or other designee for review. If the designee determines that a submitted application is incomplete, they shall return the application to the applicant with the notice of deficiencies. (C) Once an application is considered complete, the designee shall inform the applicant as such, process the application fees, and forward the application to the (insert staff/department, or elected body that will approve or deny the request) for approval or denial. (D) The application fee shall be non-refundable once processed. (E) The application for a license for a Temporary Cannabis Event shall meet the following standards: A jurisdiction may establish standards for Temporary cannabis events which the event organizer must meet, including restricting or prohibiting any on -site consumption. If there are public health, safety, or welfare concerns associated with a proposed cannabis event, a jurisdiction would presumably be authorized to deny approval of that event. • Insert standards here (G) A request for a Temporary Cannabis Event that meets the requirements of this Section shall be approved. (H) A request for a Temporary Cannabis Event that does not meet the requirements of this Section shall be denied. The (insert city/town/county) shall notify the applicant of the standards not met and basis for denial. (Optional) Temporary cannabis events shall only be held at (insert local place). (Optional) Temporary cannabis events shall only be held between the hours of (insert start time) and (insert stop time). Section 5. (Optional) Lower -Potency Hemp Edibles A jurisdiction can establish different standards or requirements regarding Low -Potency Edibles. A jurisdiction can consider including the following section and subsections in their cannabis ordinance. 5.1 Sale of Low -Potency Hemp Edibles The sale of Low -Potency Edibles is permitted, subject to the conditions within this Section. 5.2 Zoning Districts If sales are permitted, a jurisdiction can limit what zone(s) the sales of Low -Potency Edibles can take place in. A jurisdiction can also determine if such activity requires a Conditional or Interim Use permit. Low -Potency Edibles businesses are permitted as a (type of use) in the following zoning districts: • (Insert zoning districts use is permitted in here) • (Insert zoning districts use is permitted in here) 5.3 (Optional) Additional Standards 5.3.1 Sales within Municipal Liquor Store. A jurisdiction that already operates a Municipal Liquor Store may sell Low -Potency Edibles within the some store. The sale of Low -Potency Edibles is permitted in a Municipal Liquor Store. 5.3.2 Age Requirements. A jurisdiction is able to restrict the sale of Low -Potency Edibles to locations such as bars. The sale of Low -Potency Edibles is permitted only in places that admit persons 21 years of age or older. 5.3.3 Beverages. The sale of Low -Potency Hemp Beverages is permitted in places that meet requirements of this Section. 5.3.4 Storage of Product. A jurisdiction is able to set requirements on storage and sales of Low -Potency Edibles. Low -Potency Edibles shall be sold behind a counter, and stored in a locked case. Section 6. (Optional) Local Government as a Cannabis Retailer (insert local here) may establish, own, and operate one municipal cannabis retail business subject to the restrictions in this chapter. The municipal cannabis retail store shall not be included in any limitation of the number of registered cannabis retail businesses under Section 2.6. (insert local here) shall be subject to all same rental license requirements and procedures applicable to all other applicants. Section 7. Use in Public Places No person shall use cannabis flower, cannabis products, lower -potency hemp edibles, or hemp -derived consumer products in a public place or a place of public accommodation unless the premises is an establishment or an event licensed to permit on -site consumption of adult -use. Appendix 8: Reta and Checklist Registration Form M I N N e S O T A OFFICE OF CANNABIS MANAGEMENT Retail Registration Form and Checklist Local Unit of Government: Business Name: Business Address: Minnesota Cannabis Business License Number: Registration Period O Initial OCannabis Microbusiness ($0.00) OCannabis Mezzobusiness ($500.00) O Cannabis Retailer ($500.00) ORenewal OCannabis Microbusiness ($1000.00) OCannabis Mezzobusiness ($1000.00) O Cannabis Retailer ($1000.00) Is Applicant Current on All Property Tax and Assessments at Retail Location: OYes O No Preliminary Local Ordinance Compliance: O Pass O Fail Notes: The above named applicant having paid the appropriate fees, being current on all applicable tax obligations, and having passed a preliminary compliance review, is authorized to engage in retail cannabis sales in the above named jurisdiction. 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C ,— C C .— N Q O M1. ,n Q °n 0-N Q L E `w *, E tin -o E o_0 E E V, v tin Cl) cn Y U to C Q1 '^ O E 3 C C +, C V) N U cr � v0 N `� Ou v to `~ Ou u U Q v co Q yel Appendix D: Enforcement Notice from the Office of Cannabis Management nri MINNeSOTA OFFICE OF CANNABIS MANAGEMENT Enforcement Notice from the Office of Cannabis Management Dear Registered Hemp Derived Cannabinoid Business: The Office of Cannabis Management (OCM), established in 2023, is charged with developing and implementing the operational and regulatory systems to oversee the cannabis industry in Minnesota as provided in Minnesota Statutes Chapter 342. When Minnesota legalized the sale of adult -use of cannabis flower, cannabis products, and lower -potency hemp edibles/ hemp -derived consumer products, the Minnesota Legislature included statutory provisions, Minnesota Statutes, chapter 152.0264, making the sale of cannabis illegal until a business is licensed by OCM. The Office of Cannabis Management has not yet issued licenses for the cultivation, manufacture, wholesale, transportation or retail sale of cannabis, therefore any retail sales of cannabis products, including cannabis flower, are illegal. The Office of Cannabis Management has received complaints of retailers selling cannabis flower under the label of hemp flower. Under an agreement between The Minnesota Department of Health (MDH) and OCM, inspectors from MDH will begin to examine any flower products being sold during their regular inspections to determine whether they are indeed hemp flower or cannabis flower. In distinguishing between hemp and cannabis flower, OCM, consistent with federal rules and regulations related to hemp under 7 CFR 990.1, will consider the total concentration of THC post- decarboxylation, which is the process by which THC-A is converted into Delta-9 to produce an intoxicating effect. The examination of raw flower products will include reviewing the certificate of analysis for compliance in several areas, including: Compliance with the requirement that raw flower listed for sale includes a Certificate of Analysis (COA). Products for sale without a COA will constitute an illegal sale. A COA that affirms concentrations of 0.3% or less of Delta-9 on a dry weight basis. Products exceeding 0.3% Delta-9 dry weight are considered marijuana and are therefore illegal to sell. A COA that confirms that the total levels of Delta-9 and THC-A after the decarboxylation process do not exceed 0.3%. A COA that indicates the raw flower will exceed 0.3 percent Delta-9 post-decarboxylation, or a subsequent test conducted by an independent laboratory utilized by OCM that confirms Delta-9 in excess of 0.3 percent will be considered illegal. Minnesota Statutes, Chapter 342 governs Minnesota's cannabis market, and empowers OCM to ensure regulatory compliance. Minnesota Statutes, chapter 342.09, subdivision 4 prohibits the retail sale of cannabis flower and cannabis products "without a license issued under this chapter that authorizes the sale." Enforcement Notice To date, the Office of Cannabis Management has not issued any cannabis licenses, applications for licenses are expected to be available in the first half of 2025. As such, selling cannabis is a clear violation of law. Be aware that under Minnesota Statutes, 342.09, subdivision 6. OCM may assess fines in excess of a $1 million for violations of this law. Likewise, under Minnesota Statutes, chapter 342.19, OCM is empowered to embargo any product that it has "probable cause to believe ... is being distributed in violation of this chapter or rules adopted under this chapter[.]" Furthermore, violations of law may be considered in future licensing decisions made by OCM. As inspectors enter the field, we encourage you to review the products you are currently selling to ensure they fall within the thresholds outlined above. If you have any questions related to the products you are selling, please send an email to cannabis.info@state.mn.us. Thank you for your attention to this matter. Charlene Briner Interim Director Office of Cannabis Management Enforcement Notice 2 Appendix E: Notice to Unlawful Cannabis Sellers MI MINNeSOTA OFFICE OF CANNABIS MANAGEMENT Notice to Unlawful Cannabis Sellers This notice is to inform you that your current course of action may run afoul of Minnesota law, and continuing this course of action may result in civil actions and potential criminal prosecution. To avoid such outcomes, you should immediately cease and desist any plans to engage in the unlicensed sale of cannabis and cannabis products. Minnesota Statutes, Chapter 342 (www.revisor.mn.gov/statutes/cite/342) governs Minnesota's cannabis market, and empowers OCM to ensure regulatory compliance. Minnesota Statutes, chapter 342.09, subdivision 4 (www.revisor.mn.gov/statutes/cite/342.09#stat.342.09.4) prohibits the retail sale of cannabis flower and cannabis products "without a license issued under this chapter that authorizes the sale." To date the Office of Cannabis Management has not issued any retail, or other, cannabis licenses. As such, your plan to sell cannabis in a retail setting at this date would be in flagrant violation of the law. Be aware that under Minnesota Statutes, 342.09, subdivision 6 (www.revisor.mn.gov/statutes/cite/342.09#stat.342.09.6), OCM may assess fines in excess of a $1,000,000 for violations of this law. Likewise, under Minnesota Statutes, chapter 342.19 (www.revisor.mn.gov/statutes/cite/342.19), OCM is empowered to embargo any product that it has "probable cause to believe ... is being distributed in violation of this chapter or rules adopted under this chapter[.]" It is believed that products attempted to be sold at your retail location might be distributed in violation of the law, and would therefore be subject to embargo by OCM. Under Minnesota Statutes, chapter 342.19, subd. 2 (www.revisor.mn.gov/statutes/cite/342.19#stat.342.19.2), once embargoed OCM "shall release the cannabis plant, cannabis flower, cannabis product, artificially derived cannabinoid, lower -potency hemp edible, or hemp -derived consumer product when this chapter and rules adopted under this chapter have been complied with or the item is found not to be in violation of this chapter or rules adopted under this chapter." While Minnesota has legalized the sale of adult -use of cannabis flower, cannabis products, lower -potency hemp edibles, or hemp -derived consumer products, the legislature did add new statutory provisions, Minnesota Statutes, chapter 152.0264 (www.revisor.mn.gov/statutes/cite/152.0264), making illegal the unlawful sale of cannabis. As there are not yet any licenses issued by OCM for the cultivation, manufacture, wholesale, transportation, or retail of cannabis, any sales of cannabis products in excess of the limits in 152.0264 is illegal. If you are only planning to sell cannabinoid products that are derived from hemp, you should ensure that the sale of those products is consistent with Minnesota Statutes, chapter 151.72 (www.revisor.mn.gov/statutes/cite/151.72), including but not limited to the requirement that your business be registered with the Commissioner of Health, and that all products are in compliance with the relevant statutes. Finally, in addition to the state laws outlined above, please be aware that any retail location must be in compliance with local government ordinances and zoning requirements. OCM takes seriously its charge to enforce Minnesota Statutes, Chapter 342, and its responsibility to ensure a safe and legal cannabis market. In order to avoid the above -described actions, all attempts to open a cannabis retail dispensary in Minnesota without the appropriate license should be ceased. NEW BUSINESS -11A r -ARPEN HILLS MEMORANDUM DATE: November 25, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: Joua Yang, Finance Director Amy LaMere, Accounting Clerk SUBJECT: Adopting and Confirming Quarterly Special Assessments for Delinquent Utilities Budgeted Amount: Actual Amount: Funding Source: Council Should Consider Motion to approve, table or deny the following: • Resolution 2024-055 certifying delinquent utilities to Ramsey County. Background Delinquent utility amounts are certified to Ramsey County quarterly. A list of utility accounts with a delinquent balance was compiled and notices dated October 15, 2024 were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by November 17, 2024. Utility accounts with an unpaid delinquent balance would be certified to Ramsey County to be added to property taxes payable in 2025. The certification amount is equal to the unpaid delinquent balance plus an eight percent penalty. The list of remaining delinquent utility accounts is attached. The City will request that Ramsey County levy the delinquent balances against the respective properties. Attachments Attachment A: Resolution No. 2024-055 and Delinquent Utility Accounts List Page l of 1 lt ,-AZEEN HILLS CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION NO.2024-055 Attachment A RESOLUTION ADOPTING AND CONFIRMING QUARTERLY SPECIAL ASSESSMENTS FOR DELINQUENT UTILITIES WHEREAS, the amount to be specially assessed for DELINQUENT UTILITIES has been duly calculated in accordance with the provisions of the Municipal Code and Minnesota Statues; and WHEREAS, notices have been duly mailed as required by law; and WHEREAS, said proposed assessments have at all times since their filing been open for public inspection, and an opportunity has been given to all interested parties to present objections if any, to the proposed assessments; and WHEREAS, there were no oral or written objections received. 1. The amounts so calculated and set forth in said notices are hereby levied against the respective parcels of land described therein, and 2. The proposed assessments are hereby adopted and confirmed as special assessments for each of said parcels of land and the assessments together with an additional penalty of eight percent (8%) of the original unpaid amount, inclusive of any previous delinquency penalty, shall be a lien concurrent with general taxes upon such parcel. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota, that the City Administrator be authorized and directed to transmit to the County Auditor a certified duplicate of the assessment roll to be extended upon the property tax lists of the County, and the County Auditor shall collect said special assessments with taxes levied in 2024, payable in 2025: ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 25th DAY OF NOVEMBER, 2024. ATTEST: David Grant, Mayor Julie Hanson, City Clerk To view the final document, access adopted Resolutions via Arden Hills Public Laserfiche Weblink by visiting cityofardenhills. org and clicking on Archived Documents under Helpful Links on our main webpage. City of Arden Hills Delinquent Public Utility Accounts 343023210016 001920-000 1437 Arden Place 90.97 119.61 17.39 227.97 18.24 246.21 343023230017 002369-000 1532 Arden Place 274.67 284.88 17.39 576.94 46.16 623.10 223023240347 003135-000 4322 Arden View Court 248.18 347.16 22.55 617.89 49.43 667.32 223023240216 000223-000 4361 Arden View Court 62.00 71.58 22.55 156.13 12.49 168.62 223023240326 000375-000 4370 Arden View Court 139.47 176.29 22.55 338.31 27.06 365.37 223023240240 003444-000 4412 Arden View Court 149.91 194.02 22.55 366.48 29.32 395.80 223023240239 011640-000 4413 Arden View Court 98.14 129.06 22.55 249.75 19.98 269.73 223023240288 008584-000 4466 Arden View Court 2.42 134.22 22.48 159.12 12.73 171.85 223023240322 009989-000 4478 Arden View Court 70.41 84.68 22.55 177.64 14.21 191.85 223023210038 012597-000 1356 Arden View Drive 7.18 135.96 22.55 165.69 13.26 178.95 223023210060 013354-000 1396 Arden View Drive 49.53 67.64 22.55 139.72 11.18 150.90 223023210066 005371-000 1405 Arden View Drive 121.52 157.76 22.55 301.83 24.15 325.98 223023210088 006007-000 1432 Arden View Drive 59.40 135.27 22.55 217.22 17.38 234.60 223023210117 005368-000 1450 Arden View Drive 93.66 121.87 22.55 238.08 19.05 257.13 223023240167 012351-000 1466 Arden View Drive 100.11 130.11 22.55 252.77 20.22 272.99 223023240171 000533-000 1469 Arden View Drive 0.19 10.10 1.78 12.07 0.97 13.04 343023140015 010758-000 1132 Benton Way 110.35 140.14 17.39 267.88 21.43 289.31 343023140063 010533-000 1151 Benton Way 74.82 120.64 17.39 212.85 17.03 229.88 213023410028 006494-000 1675 Brueberry Lane 101.51 134.27 22.55 258.33 20.67 279.00 343023310005 002703-000 1435 Bussard Court 155.82 137.76 17.39 310.97 24.88 335.85 343023130010 005286-000 1315 Cannon Avenue 186.15 216.56 17.39 420.10 33.61 453.71 343023410055 001808-000 1171 Carlton Drive 231.94 296.05 17.39 545.38 43.63 589.01 283023330032 003132-000 3670 Cleveland Avenue N 58.19 67.64 17.39 143.22 11.46 154.68 223023310014 012582-000 1348 Colleen Avenue 141.76 185.74 17.39 344.89 27.59 372.48 223023310018 012433-000 1431 Colleen Avenue 0.55 44.66 3.94 49.15 3.93 53.08 223023320026 008331-000 1469 Colleen Avenue 147.63 181.27 17.39 346.29 27.7 373.99 343023210002 011863-000 1392 County Road E W 129.56 157.53 17.39 304.48 24.36 328.84 283023240027 012455-000 1929 County Road E2 W 311.49 226.44 17.39 555.32 44.43 599.75 223023320064 012016-000 1512 Dawn Circle 71.67 114.55 17.39 203.61 16.29 219.90 333023330024 012306-000 1983 Edgewater Avenue 90.13 117.67 17.39 225.19 18.02 243.21 343023240003 001775-000 3466 Glenarden Road 107.66 129.06 17.39 254.11 20.33 274.44 333023340067 009129-000 1927 Glenpaul Avenue 97.33 128.40 17.39 243.12 19.45 262.57 333023330074 004091-000 1960 Glenpaul Avenue 100.39 130.24 17.39 248.02 19.84 267.86 333023330057 003236-000 2015 Glenpaul Avenue 113.74 129.06 17.39 260.19 20.82 281.01 333023240028 013350-000 1846 Grant Road 88.16 129.06 17.39 234.61 18.77 253.38 333023240019 008210-000 1873 Grant Road 57.80 67.08 17.39 142.27 11.38 153.65 333023240032 002096-000 1876 Grant Road 211.79 263.96 17.39 493.14 39.45 532.59 223023340036 000231-000 4101 Hamline Avenue N 103.65 137.56 17.39 258.60 20.69 279.29 163023340015 001285-000 4627 Highway 10 121.74 160.28 17.39 299.41 23.95 323.36 343023140028 012757-000 1138 Hunters Court 209.61 265.99 17.39 492.99 39.44 532.43 223023310043 011108-000 1428 Indian Oaks Trail 105.94 158.04 17.39 281.37 22.51 303.88 333023240108 012524-000 1850 Indian Place 133.41 173.34 22.55 329.30 26.34 355.64 223023340034 000355-000 4126 James Circle 173.50 223.42 17.39 414.31 33.14 447.45 213023430017 001534-000 1791 Janet Court 168.05 216.11 17.39 401.55 32.12 433.67 213023430012 012516-000 1810 Janet Court 114.97 150.51 17.39 282.87 22.63 305.50 223023120013 000569-000 1307 Karth Lake Circle 164.76 190.67 17.39 372.82 29.83 402.65 223023120007 000990-000 1337 Karth Lake Circle 72.24 115.64 17.39 205.27 16.42 221.69 333023110036 001551-000 1611 Lake Johanna Boulevard 151.99 152.78 17.39 322.16 25.77 347.93 333023340020 001884-000 3223 Lake Johanna Boulevard 78.86 101.16 17.39 197.41 15.79 213.20 333023420038 001969-000 3290 Lake Johanna Boulevard 117.31 153.48 17.39 288.18 23.05 311.23 333023310008 012881-000 3333 Lake Johanna Boulevard 146.60 191.58 17.39 355.57 28.45 384.02 283023120008 001225-000 1708 Lake Valentine Road 22.96 129.06 17.39 169.41 13.55 182.96 283023120052 001575-000 1761 Lake Valentine Road 115.37 153.04 17.39 285.80 22.86 308.66 213023120004 005384-000 4541 Lakeshore Place 156.92 154.01 17.39 328.32 26.27 354.59 273023410001 000100-000 3737 Lexington Avenue N 389.87 66.96 554.15 1,010.98 80.88 1,091.86 333023240039 013057-000 3424 New Brighton Road 91.87 120.23 17.39 229.49 18.36 247.85 283023320010 013200-000 3769 New Brighton Road 47.12 66.96 17.39 131.47 10.52 141.99 223023330015 004713-000 4149 Norma Avenue 82.90 108.38 17.39 208.67 16.69 225.36 223023320013 000743-000 4283 Norma Avenue 189.75 418.96 17.39 626.10 50.09 676.19 213023140006 001271-000 4401 Old Highway 10 22.96 129.06 17.39 169.41 13.55 182.96 343023330050 001671-000 3130 Ridgewood Road 59.55 69.95 17.39 146.89 11.75 158.64 343023220023 002089-000 3530 Siems Court 76.21 67.62 17.39 161.22 12.9 174.12 343023310015 002293-000 3354 Snelling Avenue N 61.31 72.92 17.39 151.62 12.13 163.75 333023240093 011355-000 1865 Stowe Avenue 66.53 80.58 17.39 164.50 13.16 177.66 333023320008 005251-000 2000 Stowe Avenue 108.64 137.86 17.39 263.89 21.11 285.00 283023330011 007090-000 1971 Thom Drive 70.47 83.64 17.39 171.50 13.72 185.22 283023330012 003256-000 2023 Thom Drive 101.57 133.87 17.39 252.83 20.23 273.06 213023430002 001315-000 4100 Valentine Crest Road 40.53 129.06 17.39 186.98 14.96 201.94 213023430004 006414-000 4108 Valentine Crest Road 124.84 67.26 17.39 209.49 16.76 226.25 283023240021 011568-000 1822 Venus Avenue 149.09 187.37 17.39 353.85 28.31 382.16 7,997.29 10,185.34 1,802.33 19,984.96 1,598.83 21,583.79 NEW BUSINESS -11B 'It -AREN HILLS MEMORANDUM DATE: November 25, 2024 TO: Honorable Mayor and City Councilmembers Jessica Jagoe, Interim City Administrator FROM: T.J. Hofer, Consultant Planner SUBJECT: Planning Case #24-019 — Public Hearing Required Applicant: City of Arden Hills Request: Zoning Code Amendments Discussion — Chapter 13, Section 1305, 1320, 1325 — Cannabis Zoning Standards Budgeted Amount: Actual Amount: Funding Source: N/A N/A N/A Council Should Consider the Following: Motions to approve, table, or deny the following: • Adoption of Ordinance 2024-015 for Planning Case 24-019 regarding a Zoning Code Amendment to Chapter 13, Section 1305 to establish definitions for cannabis uses, 1320 to determine zoning districts for cannabis uses, and 1325 to establish performance standards for cannabis uses and authorization to publish a Summary Ordinance of 2024-015. Approval for authorization to publish summary ordinance requires an affirmative vote of four councilmembers. Background The City Council was asked to hold the required public hearing for Planning Case 24-019 under Agenda Item 1013. A full evaluation of the proposed amendment and supporting attachments are included in the staff report under Agenda Item 1013. The remainder of this memo focuses on the requested approvals, findings of fact, and the options and motion language. The City of Arden Hills is proposing amendments to the language of Chapter 13 of the Zoning Code to Section 1305 to establish definitions for cannabis uses, 1320 to determine zoning districts for cannabis uses, and 1325 to establish performance standards for cannabis uses, in anticipation of the Office of Cannabis Management (OCM) issuing licenses for cannabis businesses in 2025. Page 1 of 4 Overview of Ordinance Amendments Proposed language amendments are provided in the November 25, 2024, Public Hearing memo to the City Council. Changes since the Ordinance Since November 6, 2024, Planning Commission Cannabis standards are currently being considered and adopted across the state as communities begin to prepare for the OCM to license cannabis businesses. As such, new standards are being introduced throughout the state that should be considered by the Council. Staff included some of these standards within the draft ordinance that was published on the City's website and are detailed below. B. Security 2. Any security bars, gates, or grills shall be retractable, shall remain open and retracted when the cannabis business is open to the public or otherwise in operation, and shall not be installed on the exterior of the building. The OCM has included standards regarding security and control of cannabinoids in their first draft of the rules, but some communities are including additional language to establish aesthetic controls around required security measures. I. Signs 2. Exterior wall, window, and monument signage shall not depict a cannabis flower, cannabis product, hemp edibles, hemp derived edible consumer product, or the like. Additionally, a business logo containing the above depictions shall not be displayed as part of any exterior signage. No products, interior signage, advertisements, or like attention -getting items shall be placed or displayed that may be visible from the exterior of the Cannabis or Hemp Business. Some communities are choosing to restrict the depiction of cannabis -related imagery from signs, including within business logos that are visible from outside of the building. Additionally, some communities are choosing to restrict how items like products or interior signage can be placed to ensure they are not visible from the exterior of the building. The draft ordinance for Council review does not include these provisions since they are changes that were not reviewed by the Planning Commission. Again, as new standards are being considered throughout the state, staff wanted the Council to have the most up to date information to consider as part of the public hearing. The City Council should discuss whether or not to include either of these provisions. Suggested Findings of Fact The Planning Commission reviewed this application at their November 6, 2024, meeting. The following findings of fact are offered for Council's consideration: Page 2 of 4 General Findings: 1. The City of Arden Hills is proposing to amend ordinance to establish definitions for cannabis uses, determine zoning districts for cannabis uses, and establish performance standards for cannabis uses. 2. The proposed ordinance will include amendments to the language of Chapter 13 — Zoning Code of the City Code. 3. Amendments to the Zoning Code regulations require a public hearing prior to action by the City Council. 4. The Planning Commission conducted a public hearing on November 6, 2024. Options and Motion Language The Planning Commission reviewed this application at their November 6, 2024, meeting. At that time, they recommended approval of Planning Case 24-019 for a Zoning Code Amendments in Chapter 13, Section 1305 to establish definitions for cannabis uses, 1320 to determine zoning districts for cannabis uses, and 1325 to establish performance standards for cannabis uses, Arden Hills City Code by a 6-0 vote, with amendments. The following are motion language options for the City Council to consider. 1. Approval: Motion to a opt Ordinance 2024-015 and authorization to publish Summary Ordinance for Planning Case 24-019 for a Zoning Code Amendments in Chapter 13, Section 1305 to establish definitions for cannabis uses, 1320 to determine zoning districts for cannabis uses, and 1325 to establish performance standards for cannabis uses based on the findings of fact and the November 25, 2024, Report to the City Council. 2. Approval with Amendments: Motion to a opt Ordinance 2024-015 and authorization to publish Summary Ordinance for Planning Case 24-019 for a Zoning Code Amendments in Chapter 13, Section 1305 to establish definitions for cannabis uses, 1320 to determine zoning districts for cannabis uses, and 1325 to establish performance standards for cannabis uses based on the findings of fact and the November 25, 2024, Report to the City Council with amendments. 3. Denial: Motion to deny Planning Case 24-019 for a Zoning Code Amendments in Chapter 13, Section 1305 to establish definitions for cannabis uses, 1320 to determine zoning districts for cannabis uses, and 1325 to establish performance standards for cannabis uses, of the Arden Hills City Code based on the findings of fact: findings to deny should specifically reference the reasons for denial and why those reasons cannot be mitigated. 4. Table: Motion to table Planning Case 24-019 for a Zoning Code Amendments in Chapter 13, Section 1305 to establish definitions for cannabis uses, 1320 to determine zoning districts for cannabis uses, and 1325 to establish performance standards for cannabis uses, of the Arden Hills City Code for the following reasons: a specific reason and/or information request should be included with a motion to table. Budget Impact N/A Page 3 of 4 Attachments A) Redlined Draft Ordinance 2024-015 B) Draft Ordinance 2024-015 An Ordinance Amending Chapter 13, Zoning Code, Section 1305, 1320, and 1325 of the Arden Hills City Code and Summary Ordinance C) Presentation Page 4 of 4 It ,-AR�EN HILLS ORDINANCE NO.2024-015 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA Attachment A AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1305, 1320, AND 1325 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: A" SECTION 1. Chapter 13 - Zoning Code, Section 1305 — Rules, Scope, Interpretation, & Definitions, subsection 1325.04 Definitions, is hereby amended by deleting str4keth f,,,,g language and adding the underlined language as follows: • Agriculture, Commercial Outdoor Cannabis. See "Cannabis cultivation". • Agriculture. Commercial Indoor Cannabis. See "Cannabis cultivation". • Cannabis cultivation. Growing cannabis plants from seed or immature plant to mature plant, harvesting the cannabis flower from a mature plant, and packaging and labeling immature cannabis plants and seedlings and cannabis flower for sale. • Cannabis, Mezzobusiness. A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.29, as it may be amended. The use include, but is not limited to, cannabis cultivation, cannabis manufacturing, cannabis sales retail, cannabis wholesaling. • Cannabis, Microbusiness. A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.28, as it may be amended. The use include, but is not limited to, cannabis cultivation, cannabis manufacturing, cannabis sales retail. cannabis wholesaling. • Cannabis TestingFy. A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.37, as it may be amended. • Light Manufacturing, Cannabis. A hemp business that conducts an operation pursuant to Minnesota Statute Section 342.31, as it may be amended. • Light Manufacturing, Lower -Potency Hemp Edible. A hemp business that conducts an operation pursuant to Minnesota Statute Section 342.45, as it may be nmended _ • Retail, Cannabis Sales. The sale of cannabis plants and seedlings, adult -use cannabis flower, and adult use cannabis products directly to consumers. h III II III II III II III II III II III II III II II I II III III III III III III III II I � A III III III III III III III II I W `` III II III II III II III II III II III II III II II II N III III III III III III III II � III III III III III III III II I UI UI UI UI UI UI U UI C� uI uI uI uI III uI uI III I UI Ul ill ill u Ul ii I M i ii UI UI ii ii ii U N II u II uI III u III u III u III u III u II I u ~ � II III II III III II III II III II III II III II II II III II III II III II III II III II III II III II II II II III II III III II III II III II III II III II II II III III III III III III III III h A III III III III III II �jIII "I II III II II II II II .y � N �y III III II III III II III II III II III II III II N r Cd Cd ON O W cC U iv r. 1 U x �j ct Ovi i � � O U U U U -y U -y a° a SECTION 3. Chapter 13 - Zoning Code, Section 1325 — General Regulation, subsection 1325.047 is hereby amended by deleting stfikedffetigh language and adding the underlined language as follows: 1325.047 Cannabis Business Conditional Use Permit Criteria. Subd. 1 Applicability The standards within this subsection shall apply to the following uses: A. Agriculture, Commercial Cannabis B. Cannabis. Mezzobusiness C. Cannabis, Microbusiness D Cannabis Testin Facility g�4 E. Light Manufacturing, Cannabis . F. Light Manufacturing, Lower -Potency Hemp Edible G. Retail, Cannabis Sales H. Wholesaling, Cannabis At%6 Subd. 2 Setbacks A. Any cannabis business must be setback 1,000 feet from schools as established by Minnesota Statute Section 342.13(c) B. Exceptions to distance restrictions. Cannabis business located north of Highway 694, east of Interstate 35W and west of State Highway 10 in the Gateway Business zoning district shall be exempt from the distance requirements of City Code 1325.047 Subd. 2. Subd. 3 Development Standards A. Must be licensed by the State of Minnesota and in compliance with the standards set by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. B. The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. C. Outdoor operations are prohibited. D. The facility shall not produce noxious or nuisance causing odors, subject to the following conditions: 1. The facility shall be ventilated so that all odors cannot be detected by a person with a normal sense of smell at the exterior of the facility or at any adjoining use or property. 2. Growing cannabis must comply with all applicable laws and shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities. 3. An odor maintenance plan must be submitted to the Ci . and approved by the City—. 4. At the City Council's discretion, the applicant may be required to provide plans that show appropriate odor control systems so as not to produce any noxious or dangerous gases or odors or create angers to any person or entity in or near the facility. E. All mechanical, odor suppression equipment, and trash enclosures must be screened. F. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. G. LiLi�g 1. All site lighting must meet City Code requirements. All light fixtures must be downward directed with cut-offs and be architecturally designed to match the overall design of the building. 2. The specifications of all light fixtures must be provided to the City with the application for a conditional use permit. 3. A photometric plan must be submitted to the City with the application for a conditional use permit, indicating light measure at the grope . line. 4. Lighting within a greenhouse is permitted between the hours of 4:30 a.m. and 10:00 p.m. Lighting at the site property lines shall not exceed 1.0 foot-candles at an.. time. H. Water and Wastewater 64%. 1. Management of wastewater shall be in accordance with the Office of Cannabis Management, Minnesota Pollution Control Agency, and City Ordinances. Where multiple standards exist, the more restrictive of the standards shall apply. 2. Water use within the site shall be designed to maximize the amount of water reuse possible. I. Sins Signs shall be in compliance with the Office of Cannabis Management and the City Code. Whenever a apply. J. Sale of Cannabinoid restrictive standard jI the more restrictive standard shall Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower -potency hemp edibles, or hemp -derived consumer products between the hours of- 1. 8:00 a.m. and 9:00 p.m. on Monday through Saturday 2. 10:00 a.m. and 9:00 p.m. on Sundays K. In addition to the restrictions in this City Code Section 1325.047, Cannabis businesses must meet the Special Requirements for its zoning district for each type of use as stated in City Code Section 1320, for example, cannabis retail business in the GB Gateway Business District must meet the requirements outlined in City Code Section 1320.13. SECTION 4. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this of the City of Arden Hills, Minnesota. ATTEST: Julie Hanson, City Clerk day of , 2024, by the City Council CITY OF ARDEN HILLS David Grant, Mayor 'It --ARPEN HILLS ORDINANCE NO.2024-015 CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA Attachment B AN ORDINANCE AMENDING CHAPTER 13, ZONING CODE, SECTION 1305,1320, AND 1325 OF THE ARDEN HILLS CITY CODE THE CITY COUNCIL OF THE CITY OF ARDEN HILLS, MINNESOTA, ORDAINS: SECTION 1. Chapter 13 - Zoning Code, Section 1305 — Rules, Scope, Interpretation, & Definitions, subsection 1325.04 Definitions, is hereby amended by deleting stroked.,.,,,,g language and adding the underlined language as follows: • Aizriculture. Commercial Outdoor Cannabis. See "Cannabis cultivation". • Agriculture, Commercial Indoor Cannabis. See "Cannabis cultivation". • Cannabis cultivation. Growing cannabis plants from seed or immature plant to mature plant, harvesting the cannabis flower from a mature plant, and packaging and labeling immature cannabis plants and seedlings and cannabis flower for sale. • Cannabis. Mezzobusiness. A cannabis business that conducts an pursuant to Minnesota Statute Section 342.29, as it may be amended. The use may include, but is not limited to, cannabis cultivation, cannabis manufacturing, cannabis sales retail, cannabis wholesaling. • Cannabis. Microbusiness. A cannabis business that conducts an pursuant to Minnesota Statute Section 342.28, as it may be amended. The use may include, but is not limited to, cannabis cultivation, cannabis manufacturing, cannabis sales retail, cannabis wholesaling. • Cannabis TestingFacility. acility. A cannabis business that conducts an operation pursuant to Minnesota Statute Section 342.37, as it may be amended. • Light Manufacturing, Cannabis. A hemp business that conducts an operation pursuant to Minnesota Statute Section 342.31, as it may be amended. • Light Manufacturing, Lower -Potency HeMp Edible. A hemp business that conducts an operation pursuant to Minnesota Statute Section 342.45, as it may be amended. • Retail, Cannabis Sales. The sale of cannabis plants and seedlings, adult -use cannabis flower, and adult use cannabis products directly to consumers. h III II III II III II III II III II III II III II II I II W `` III II III II III II III II III II III II III II II I II N III III III III III III III II I � III III III III III III III II I III III III III III III III III V I U� U� ii I ii I ii I U� ii I II u II uI III u III u III u III u III u II I u II III II III III II III II III II III II III II II I II III II III II III II III II III II III II III II II I II II III II III III II III II III II III II III II II I II III III III I I I I III III I I h A III III III III III II I �jIII "I II III II II II II II .y � N �y III III II III III II III II III II III II II I II N w C U d U U U 03 •--� SECTION 3. Chapter 13 - Zoning Code, Section 1325 — General Regulation, subsection 1325.047 is hereby amended by deleting strileugk language and adding the underlined language as follows: 1325.047 Cannabis Business Conditional Use Permit Criteria. Subd. 1 Applicability The standards within this subsection shall apply to the following uses: A. Agriculture, Commercial Cannabis B. Cannabis, Mezzobusiness C. Cannabis, Microbusiness D. Cannabis Testing Facility E. Light Manufacturing, Cannabis F. Light Manufacturing, Lower -Potency HeMp Edible G. Retail, Cannabis Sales H. Wholesaling, Cannabis Subd. 2 Setbacks A. Any cannabis business must be setback 1,000 feet from schools as established by Minnesota Statute Section 342.13(c) B. Exceptions to distance restrictions. Cannabis business located north of Highway 694, east of Interstate 35W and west of State Highway 10 in the Gateway Business zoningdistrict shall be exempt from the distance reauirements of Citv Code 1325.047 Subd. 2. Subd. 3 Development Standards A. Must be licensed by the State of Minnesota and in compliance with the standards set b Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. B. The facility shall be secured as required by Minnesota Statutes, Minnesota Rules, and the Office of Cannabis Management. C. Outdoor operations are prohibited. D. The facility shall not produce noxious or nuisance causing odors, subject to the following conditions: 1. The facility shall be ventilated so that all odors cannot be detected by person with a normal sense of smell at the exterior of the facility or at andjoining use or property. 2. Growing cannabis must comply with all applicable laws and shall not produce noxious or dangerous gases or odors or otherwise create a danger to any person or entity in or near the facilities. 3. An odor maintenance plan must be submitted to the City and approved by the cibL- 4. At the City Council's discretion, the applicant may be required to provide plans that show appropriate odor control systems so as not to produce any noxious or dangerous gases or odors or create any dangers to any_person or entity in or near the facility. E. All mechanical, odor suppression equipment, and trash enclosures must be screened. F. Outdoor storage of containers, pallets, waste/recycle containers, etc. is prohibited. G. Lighting 1. All site lighting must meet City Code requirements. All light fixtures must be downward directed with cut-offs and be architecturally designed to match the overall design of the building. 2. The specifications of all light fixtures must be provided to the City with the application for a conditional use permit. 3. A photometric plan must be submitted to the City with the application for a conditional use permit, indicating light measure at the grope . line. 4. Lighting within a greenhouse is permitted between the hours of 4:30 a.m. and 10:00 p.m. Lighting at the site property lines shall not exceed 1.0 foot-candles at an.. time. H. Water and Wastewater 1. Management of wastewater shall be in accordance with the Office of Cannabis Management, Minnesota Pollution Control Agency, and City Ordinances. Where multiple standards exist, the more restrictive of the standards shall apply. 2. Water use within the site shall be designed to maximize the amount of water reuse possible. Signs shall be in compliance with the Office of Cannabis Management and the City Code. Whenever a more restrictive standard exists, the more restrictive standard shall apply. J. Sale of Cannabinoid Cannabis businesses are limited to retail sale of cannabis, cannabis flower, cannabis products, lower -potency hemp edibles, or hemp -derived consumer products between the hours of: 1. 8:00 a.m. and 9:00 p.m. on Monda. through Saturday 2. 10:00 a.m. and 9:00 p.m. on Sundays K. In addition to the restrictions in this City Code Section 1325.047, Cannabis businesses must meet the Special Requirements for its zoning district for each type of use as stated in City Code Section 1320, for example, cannabis retail business in the GB Gateway Business District must meet the requirements outlined in City Code Section 1320.13. SECTION 4. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Arden Hills City Council on , 2024 enacts cannabis business and use standards in the Zoning Code in accordance with Minnesota State Statutes Sections 342 and 151.72. SECTION 5. This Ordinance shall become effective immediately upon its passage and publication according to law. A Summary of this Ordinance will be published in accordance with state statute. PASSED and ADOPTED this of the City of Arden Hills, Minnesota. ATTEST: Julie Hanson, City Clerk day of 2024, by the City Council CITY OF ARDEN HILLS David Grant, Mayor A CU - C6 � � Q U � c6 cn -0 C)C bn U G1 w 4 I c6 m ,� U = N cn a .— m � 4A v _ u a Q cc Q r° a--+ O � V � O 4--1 V) !Z C: O 4►j O m rn O i N U 4A O 4- Ln N O U ca O 4- 0 0 CL 0 Q • Lli O m o � U .� V) ate-+ c/ (Yj � � ca O V) 4-J O QN O mm s N U u m O N r-i 4 �� E -0 E U Q F O co -0 cn O U O v O O N 4J N u _0 a) O O L a--+ N O O N .O ro ro U0 () V) V) ro L 0 V) 0 0 +-j V) N 0 (3 L O i ca E E c� Ln N V) C: 1 V (1) O— � . 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