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Home My WebLink About2023-03-14 P & Z Packet CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION MEETING AGENDA Tuesday, March 14, 2023 6:30 p.m. Meeting Live Streamed at: https://northmetrotv.com/centerville-stream/ I. CALL TO ORDER 1.Roll Call II.PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA IV. PUBLIC HEARINGS (6:30 PM or shortly thereafter) 1.Proposed Amendments to City Code a.Chapter 156: Temporary Dwellings & Structures b.Chapter 71: Parking Requirements V.AWARDS, PRESENTATIONS, APPEARANCES 1.None VI. OLD BUSINESS 1.Proposed Amendment to City Code Chapter 156: Temporary Dwellings & Structures 2.Proposed Amendment to City Code Chapter 71: Parking Requirements 3.Moratorium on Cannabis Sales – Discussion of Timeline/Next Steps 4.Moratorium on Medical Facilities – Discussion of Timeline/Next Steps VII.NEW BUSINESS 1.None VIII.APPROVAL OF MINUTES 1. February 7, 2023 Planning & Zoning Commission Meeting Minutes IX.ANNOUNCEMENTS/UPDATES 1.Council Member Liaison 2.Administrator’s Report 3.Action Items Tracker X.ADJOURNMENT INFORMATION None REMINDERS Planning & Zoning Commission – Tuesday, April 4, 2023 Parks & Recreation Committee – Wednesday, April 5, 2023 Economic Development Authority – Wednesday, March 15, 2023 City Council Meeting – Wednesday, March 22, 2023 CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: March 14, 2023 Administration IV.1 TITLE OF ISSUE: Public Hearing - Proposed Amendments to City Code, Chapters 156 Temp Dwellings & 71 Parking Regs BACKGROUND AND SUPPLEMENTAL INFORMATION: A Public Hearing has been scheduled to take public input on proposed amendments to City Code, Chapter 156 Temporary Dwellings & Chapter 71 Parking Regulations. A published notice, scheduled the hearing for 6:30 PM or shortly thereafter on March 14 at the Planning and Zoning Commission's meeting. Background information on these proposed amendments is contained in the agenda packet. After a brief overview and introduction of the topic by city staff, it would be appropriate for the Chair of the Commission to open the public hearing and take all public testimony on the matter. If, after hearing the testimony, the Commission feels that they are ready to move forward towards a recommendation on the matter, they may close the public hearing through a successful motion. COST AND SOURCE(S) OF FUNDING: No direct cost to the city. REQUESTED ACTION: Open the Public Hearing (can be done by the Chair or by motion of the Commission) Take public testimony. Close the Public Hearing (should be closed by motion of the Commission) For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Proof of publication of Hearing Notice Other (specify) ____________ _____ _____ _____ _____ ______________________________________________________________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CITY OF CENTERVILLE NOTICE OF SCHEDULED PUBLIC HEARING OF THE PLANNING & ZONING COMMISSION TO CONSIDER AMENDING LANGUAGE TO CITY CODE, CHAPTER 156: ZONING CODE, §156.006 DEFINITIONS (RECREATIONAL VEHICLES), §156.104 TEMPORARY DWELLINGS AND STRUCTURES; AND CHAPTER 71: PARKING REGULATIONS NOTICE IS HEREBY GIVEN, that the City of Centerville Planning & Zoning Commission will be holding a Public Hearing to consider amendments in the above stated City Code, Sections. The meeting will take place on March 14, 2023 at 6:30 p.m. or shortly thereafter. The meeting will be held in Council Chambers of the Centerville City Hall, located at 1880 Main Street, Centerville, MN 55038. The purpose of the meeting is to obtain public input regarding the proposed language modifications; which includes provisions to allow the limited use of RV and tents; roadway postings for no parking and specifications for snow emergency requirements. You may call City Hall (651) 792-7933 or email mstatz@centervillemn.com or tbender@centervillemn.com if you have any questions or concerns regarding this matter. A copy of the proposed amendments will be available for inspection at City Hall and the meeting is open to the public. If you are unable to attend the Public Hearing, written comments are welcome and will be accepted until 12:00 p.m. the Friday prior to the meeting date. In accordance with the Americans With Disability Act, all hearing-impaired individual(s), wishing to attend the Public Hearing may request a sign language translator by contacting City Hall at (651) 792-7933 within one week prior to the scheduled public hearing. Published in the Quad Community Press on February 21, 2023 Teresa Bender, City Clerk Mark Statz From:CV Info Sent:Monday, February 6, 2023 3:31 PM To:'James Williamson' Cc:CV Info Subject: RE: RV & tent occupancy James, Thankyouforyourinputonthisimportantissue.TheplanningcommissionwillbediscussingthisonTuesdayat6:30 PM.L͸ƌƌbesuretoshareyourcommentswiththem. Afterthat,weanticipatehavingapublichearingonthisissueonMarch14.Ifyouareabletoattendthat,wewould welcomeyourinpersoninputaswell. Thanks. From:JamesWilliamson<jameswilliamson8632@yahoo.com> Sent:Saturday,February4,20238:19PM To:CVInfo<info@centervillemn.com> Subject:RV&tentoccupancy Caution:Thisemailoriginatedoutsideourorganization;pleaseusecaution. Iamtotallyopposedtoanychangestothepresentpolicy. Theycantaketheirtents&w͸ƭtoRiceCreekcampground. IķƚƓ͸Ʒwanttents&w͸ƭonmyneighborslawnsanddriveways. IķƚƓ͸Ʒlikethew͸ƭthatarestoredonlotsinresidentialneighborhoodsnow,itlookstacky. Weneedtocleanupthistown,insteadofaddingtotheclutter&junkƷŷğƷ͸ƭpresentlyallowed. Centervilleshouldstriveforexcellence,ƌĻƷͷƭmakeitmoreattractive,notless. . JGWilliamson LakelandHills . ΘΘΘΘ 1 CITY OF CENTERVILLEREQUEST FOR ACTION RequestedMeetingDate: Agenda Item # Department: , 202 Planning/Legal VI. TITLE OF ISSUE: Temporary Dwellings and Structures BACKGROUND AND SUPPLEMENTAL INFORMATION: the Planning and Zoning Commission on Temporary Dwellings and Structures. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Other (specify) _____ _____ _______________________________________________________________ _____ _____ _____ _____ _____ _____ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular SummaryofChangesto:§156.104TEMPORARYDWELLINGSANDSTRUCTURES TheĭźƷǤ͸ƭcurrentordinanceprohibitsoccupancyintemporarydwellingsandstructures.The ordinancewasdiscussedbytheP&Zin2020,butnochangesweremadeatthattime.The ordinancewasreviewedagainbytheP&ZattheirNovember1,2022meetingandproposed changestothecurrentordinanceachievethefollowing: Removescouncilreviewofpermits;changestoself servicepermit percalendaryear Allowstemporaryoccupancyforupto14daysperparcel RequRVtobeparkedindrivewayforoccupancy Allowstentingwithoutapermit Requiresprincipalstructure Prohibitsexchangeofmoney seasonalrestriction(nopermitsinwinter) §156.104 TEMPORARY DWELLINGS AND STRUCTURES. (A)The use and occupancy of a tent, recreation vehicle or other temporary dwellings for the purpose of living quarters is not permitted in the city, except as approved by the City Council under special circumstances. (B)Applications for temporary dwellings shall be made in writing to the Administrator and it shall be the Administrator’s duty to submit the application to the City Council at the next regular meeting thereof. The City Council in its discretion shall grant or deny the permit and may require, as a condition to the granting of the permit or any renewal permit, that the applicant appear in person before the City Council and be examined as to his or her plans for a permanent dwelling and other matters relative thereto. Permits shall in no event be granted for a period in excess of 90 days. At the expiration of the 90-day period, the owner or occupant of any trailer so placed upon the premises in accord with this section shall immediately remove the same, unless prior to the expiration of the 90-day period, the owner or occupant shall obtain from the City Council a renewal permit. Application therefore may be made to the Administrator as in the case of original permits, and must be submitted to the City Council prior to the expiration of the original 90-day period. One renewal permit may be granted upon good cause shown, but in no event shall a renewal permit be granted for a period in excess of 90 days and not more than one renewal permit shall be granted. (C)Temporary structures and trailers used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a period not exceeding six months. (D)Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Centerville opts-out of the requirements of Minn. Stat. §462.3593, which defines and regulates Temporary Family Health Care Dwellings. Ord. #25, adopted 10/13/1976; Ord #84, adopted 08/10/2916 §156.105 PUBLIC UTILITIES REQUIRED. All residential, commercial, industrial, public, institutional or other uses, which include plumbing facilities, shall be connected to the public sewer and water system when available. §156.106 RELOCATED BUILDINGS OR STRUCTURES. (A)No existing building or structure may be relocated anywhere in the city without a permit. A permit for the relocation of any building or structure may not be issued without site plan approval by the city. (B)The Planning and Zoning Commission shall not recommend approval of a site plan without certifying the following: 363|Page DRAFT ORDINANCE REDLINE § 156.006 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Other words not included in this section shall have the meaning defined in Minnesota Statutes. Other words not so defined shall have the meaning customarily associated with them. … RECREATIONAL VEHICLES. A mobile vehicle, including boats, used for recreational purposescapable of being towed or being self-propelled. §156.104TEMPORARY DWELLINGS AND STRUCTURES. (A)The use and occupancy of a tent, recreation vehicle or other temporary dwellings for the purpose of living quarters is not permitted in the city, except for the use of: as approved by the City Council under special circumstances. 1.A tent •used for recreational purposes •on a private property containing a principal structure •with the consent of the property owner 2.erected for no more than 14 continuous days in a month 3.A Motor Home, Park Trailer, Recreational Vehicle or Travel Trailer as defined in MN State Statute 168.002. •These vehicles must be •in good working order •licensed for use on public streets •parked on the Permitted Driveway •These vehicles must not be: stst •occupied between November 1 and March 31. •4.A Temporary Dwelling as approved by the City Council by permit as described in City Code, 156.104.B (B)Permits Required: 1.Tents – No Permit Required 2.Recreational Vehicles – A permit is required. These permits shall be issued through a self- service permit system or other such administrative process. The maximum length of a permit(s) is 14 days, in aggregate, during any given year, per parcel. The permit shall be conspicuously displayed at all times. 2.3.Other Temporary Dwellings - Applications for temporary dwellings shall be made in writing to the Administrator and it shall be the Administrator's duty to submit the application to the City Council at the next regular meeting thereof. The City Council in its discretion shall grant or deny the permit and may require, as a condition to the granting of the permit or any renewal permit, that the applicant appear in person before the City Council and be examined as to his or her plans for a permanent dwelling and other matters relative thereto. Permits shall in no event be granted for a period in excess of 90 days. At the expiration of the 90-day period, the owner or occupant of any trailer so placed upon the premises in accord with this section shall immediately remove the same, unless prior to the expiration of the 90-day period, the owner or occupant shall obtain from the City Council a renewal permit. Application therefore may be made to the Administrator as in the case of original permits, and must be submitted to the City Council prior to the expiration of the original 90-day period. One renewal permit may be granted upon good cause shown, but in no event shall a renewal permit be granted for a period in excess of 90 days and not more than one renewal permit shall be granted. (C)No money may be exchanged for the use of a property in association with a temporary dwelling. (B)(D)Temporary structures and trailers used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a period not exceeding six months. (C)(E)Pursuant to authority granted by Minnesota Statutes, Section 462.3593, subdivision 9, the City of Centerville opts-out of the requirements of Minn. Stat. § 462.3593, which defines and regulates Temporary Family Health Care Dwellings. Ord. #25, adopted 10/13/1976; Ord #84, adopted 08/10/2016 363 I Page November 1, 2022 Re: Zoning Ordinance, Chapter 156.104Temporary Dwellings and Structures Honorable Chair and Commissioners, InSeptember 2020, the Planning and Zoning Commission raised the issue of resident occupancy of recreational vehicles, which is currently not allowed, except under special circumstances by permit from the city council. In Chapter §156.104Temporary Dwellings and Structures of the Zoning Ordinance, the city administrator is authorized to issue the aforementioned permits. The Commission talked about whether the city administrator should be authorizing these permits, noting that they believe the intent of the language is to prohibit recreational vehicles as living quarters. Commission members were, however, open to the idea of allowing visitor occupancy of recreational vehicles. Parameters for visitor occupancy have yet to be defined and there has not been much discussion since the item was introduced. Therefore, the Commissionispickingup the discussion where they left off, therebyrevisiting Chapter 156.104 of the Zoning Ordinance. Staffhasresearched what other cities surrounding Centerville are doing, and a summary is provided below: Lino Lakes prohibits the use of recreationalvehicles as living quarters while stored/parked on residential property. Referenced in the city’s Zoning Ordinance, Section 1007.044 Off Street Parking. Hugoprohibits any person to lease o let space for the location of a tent, camping trailer or motorhome, except in a campground established in accordance with Section 90-211 of the ZoningOrdinance (requirements are for campgrounds). Lexington allows temporary parking and occupancy of one recreational vehicle per residential parcel (of non-residents) of the city for a maximum of a fourteen (14) day period in any one year if such parking and occupancy otherwise complies. No fees shall be paid to the landowner, occupant, or renter. Referenced in the city’s Zoning Ordinance, Chapter 11, Subd. 15 Temporary Parking of Recreational Vehicles. Circle Pines prohibits the use of ahouse trailer orrecreational vehicle for habitation. Referenced in City Code, Chapter 11, Section 1110.05 House Trailers andRecreational Vehicles. Staff Consideration Based on the Planning and Zoning Commission’s initial review ofthe ordinance and correspondence internally with Public Works andthe Fire department, staff is requesting direction pertaining to allowing occupancy ofrecreational vehicles. If the Commission would like to incorporate ordinance modifications similar to thoseoutlined in theCity of Lexington’s Zoning Ordinance (see above),then revisions mightinclude removing languagethatpertains to issuing permits, and replacing it with languagethat allows resident and visitor use for a maximum of fourteen (14) days in any year. Further, adding language that prohibits collecting money for occupying the recreational space is recommended. A redline version of the existing language is attached, along with a clean copy of the Ordinance. Enclosure: Redline Ordinance Clean Ordinance Correspondence (staff) Sincerely, Athanasia Lewis Assistant City Administrator CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: March 14, 2023 Planning/Legal VI.2 TITLE OF ISSUE: Proposed Amendments to City Code, Chapter 71: Parking Regulations BACKGROUND AND SUPPLEMENTAL INFORMATION: Earlier on the agenda, the Planning and Zoning Commission took public comment on City Code, Chapter 71- Parking Regulations. The Commission was not proposing any changes to city code, but wished to take input from the public on the entirety of the ordinance, to gauge if there were issues that the public would like to see addressed. Further background information on the topic is presented in the attached documents. Additionally, the Commission reviewed existing "no parking" areas in the city and proposed some new ones. COST AND SOURCE(S) OF FUNDING: No direct cost to the city. REQUESTED ACTION: If there are proposed amendments to City Code: Motion to recommend approval of the proposed amendments to Chapter 71 of the City Code, inlcuding______________________. Motion to recommend adoption, by the City Council, of a Resolution noting all No Parking areas per the attached map and listing For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Map of existing and proposed no parking areas Other (specify) ____________ _____ _____ _____ _____ List of existing and proposed no parking areas ______________________________________________________________ _____ _____ _____ Existing Parking Regulations Ordinance _____ _______________________________________________________________ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular U.S. INTERSTATE HIGHWAY NO. 35E TID YTNUOC AKONA 55 .ON HC K A L O N I L F O Y T I C S E EUNEVA TS12 6985 707570557047 7095 7111 TAVIRP( ).RD E S E K A L O N I L F O Y T I C 7100 7050 70907070 7140 6812 .S EUNEVA HT02 OUTLOT B 4 26 25 5 .ON .H.A.S.C .N EUNEVA HT02 6805 7095,70976867 6845 735371057807 71377129 7091,7093 45 .ON DAOR YTNUOC 7131 5 995986 6 6965 7015 2727 06416939 7256 8 7222 873327228 7250642772407234 9 1 7326 73207314 YTINU EUNEVA E VIRD SSA P R EED 7255 7261 57329 3 373237313 7 6885 7048 WEST ROBIN LANE 5 5 9 1 2725278427 727462785 2 719371877181571771693617 EUNEVA SEKAL NIWT 94 9 1 72571527 72617247 7271 5 89327 2 7 60 70987092480770728 2 9 1 COTTONWOOD COURT 7126 441771367140 0 708572 YAW NAIRB 709570751700 79077 2 1 966296 11 9 1 71471417713571293217 7264726045278427 6 4 CAMUS 2 TRUOC 7 0 43 7 6923 6933 72617255 6 79 6 8 2 3787080 731670948077072704670086996 7098 73047112 4 2217 031 729647174716871564517641783177 8723071867180 722089177192 2 7 NAIRB EVIRD BRIAN DRIVE DRIVE BRIAN DRIVE BRIAN 70056987 732170497017702569956979 590770877067708114077033 73177111 73115911 94177143713713172177 718571797173716771637155 7289719771916971 729533272157209 730577221 7229 2 81 07 1881 18850 18897170714671387122711221 717626177154713007 891771847192769 5 12 7 8 DAHS EUNEVA 5 17 94 64 9 6 7 796 6928 718917716771597151714371357127 7197187173 1885 97 713396 YVI TRUOC 1883 1874 6927 1881 1875 3 4 9 6 1871 1865 3 671861 17071746172617452 176417 41007 22241755 7 1 81 83170 6178317 21 77 PETERSON 8 4 18488 1 7 38 7035 81 1 458 76179517 724151517 327 249669326922 118598496 3 727 1 7581 2 2 7581 30 DUPRE ROAD 2271857 94 81 1855 6911 69216905 5 1853481 AD RO 1851 348 1 1849 32 8 1 41 184507 7 181 3 1 88107 15 107 DAOR LLIM DLO 2 8181207 7 1927106936 72837277726941817 7299 6 207 ELCRIC KAO 120 7 03 07 52 5 07 PARK 43 07 2 4181 83 07 1812 6979 49278827 7258452704 7224261608107 724672327216721271927184717874517714683170317 72004617 8 366977 7 AY DAOR LLIE W M 240 RTAG 7 PO ENAL DAOR LLIM DLO 9821627 77627 7235 152772451427132772237221721971736908 716771596918 7397738973877383737973756933 1 37 7 14 2 68 TNA SAEHP 7691396 70 4 8 7 1 F O.L. 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(A)Every vehicle parked upon any street with a curb shall be parked parallel to the curb and with the right- hand wheels of the vehicle within 12 inches of the curb. On other streets, a vehicle shall be parked to the right of the main traveled portion thereof and parallel thereto and in a manner as not to interfere with the free flow of traffic. These requirements shall not apply, however, to any vehicle disabled upon any street, but any police officer may require the person in charge thereof to move it to a place of safety, and if the movement is not made or if any motor vehicle is left alone or abandoned in that position, the officer may provide for the removal of the vehicle to the nearest convenient garage or other place of safekeeping. (B)No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: (1)On a sidewalk; (2)In front of a public or private driveway; (3)Within an intersection; (4)Within ten feet of a fire hydrant; (5)On a crosswalk; (6)Within 20 feet of a crosswalk at an intersection; (7)Within 30 feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of the roadway; (8)Between a safety zone, unless a different length is indicated by signs or markings; (9)Within 20 feet of the driveway entrance to any fire station and, on the side of the street opposite the entrance to the fire station, within 75 feet of the entrance when properly sign-posted; (10)Alongside or opposite any street excavation or obstruction when the stopping, standing or parking would obstruct traffic; (11)In the roadway side of any vehicle stopped or parked at the edge or curb of a street; or (12)At any place where official signs prohibit stopping. (C)No person shall, for camping purposes, leave or park a house trailer on any street or the right-of-way thereof. 61|Page (D)No person shall stop or park a vehicle on a street when directed to proceed by any peace officer with authority to direct traffic. (E)No vehicle shall be parked on any street for the purpose of displaying it for sale. (F) (1) No vehicle, except an emergency vehicle on an emergency call, shall be parked between the hours of 3:00 a.m. and 7:00 a.m., and no vehicle shall in any case be parked upon any street in any one place for a longer continuous period than 24 hours. (2) However, these restrictions shall not apply to the parking of one vehicle on the street due to new construction during the months of March through May of each year. (G) (1) The City Administrator may issue temporary permits to park on streets during restricted times. (2) The permit shall state the duration and location for which the permit is valid. (3) A fee may be charged for such permits in accordance with a resolution adopted by the City Council. Penalty, see § 71.99 Ord. #16, adopted 06/06/1969, Ord. amended 02/09/1972, Ord. amended 03/28/1984, Ord. amended 12/12/1984 § 71.02 TOWING OF ILLEGALLY PARKED VEHICLES. Any vehicle parked in violation of the city code or in violation of state law may be removed by towing at the direction of the city police to a suitable place for storage until claimed by the owner or agent of the owner. The owner or other person responsible for such parking of the vehicle shall be liable for the reasonable cost of such towing and storage upon conviction for such illegal parking. The city shall in no way be liable for any damage to any vehicle which has been ordered towed away. Ord. 2d #24, amended 12/10/2008 § 71.99 PENALTY. Any person convicted of violating any provision of this chapter shall be guilty of a misdemeanor but if a minimum fine or imprisonment is prescribed by the State Highway Traffic Act for an offense, the penalty shall apply to a person convicted of the same offense under this chapter. For continuing violations, each day the violation exists shall be considered a separate offense. Ord. #16, adopted 06/06/1969, Ord. 2d #24, amended 12/10/2008 62|Page CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: March 14, 2023 Planning/Legal VI.3 TITLE OF ISSUE: Moratorium on Cannabis Sales – Discussion of Timeline/Next Steps BACKGROUND AND SUPPLEMENTAL INFORMATION: On August 24, 2022, the City Council passed a resolution, setting a moratorium on cannabis sales in the city. The moratorium went into effect upon its publication on September 20, 2022. As with all moratoriums, the maximum duration is one year. The intent is to use that time to study the issues and make any changes to city code, prior to its expiration. Attached is an ordinance recently adopted by the City of Lexington addressing cannabis sales, along with their application for licensure, for the Commission's review. Staff has been following the various legislative efforts as well, but review of the proposed bills seems premature at this point. In the next month or two, the Commission should decide on a general path: no regulation, regulation, sales allowed by license, etc. Then staff can begin to formulate a plan based on that direction. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: No formal action required. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ X Vote Record: Aye Nay _____ _____ Lexington Ordinance and Licensure App Other (specify) ____________ _____ _____ _____ _____ ______________________________________________________________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular THE CITY OF LEXINGTON ANOKA COUNTY, MINNESOTA ORDINANCE NO. 22-04 AN ORDINANCE REGULATING CANNABINOID PRODUCTS NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LEXINGTON, MINNESOTA, HEREBY ORDAINS AS FOLLOWS: SECTION 1: CHAPTER 6 SHALL BE AMENDED AS FOLLOWS: SECTION 6.43. – CANNABINOID PRODUCTS Subd. 1. - Purpose. The purpose of this ordinance is to establish licensing, sale and possession regulations for the sale and possession of cannabinoid products derived from hemp as provided in Minn. Stat. § 151.72. Subd. 2. - Findings of City Council. The City Council makes the following findings regarding the need to regulate, license, and inspect establishments that sell certain cannabinoid products and regulate possession of cannabinoid products by minors: (1)By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature amended Minn. Stat. § 151.72 to allow for the sale of certain cannabinoid products. (2)This new law does not prohibit municipalities from licensing the sale of cannabinoid products derived from hemp locally. (3)The Minnesota Legislature recognized the danger of cannabis use among youth by prohibiting the sale of any product containing cannabinoid or tetrahydrocannabinol (THC) extracted or otherwise derived from hemp to those under the age of 21 and requiring that edible cannabinoid products be packaged without appeal to children and in child-resistant packaging or containers. (4)Due to the passage of this new law by the Minnesota Legislature, the City Council believes the following rules, regulations, and standards for licensing the sale of cannabinoid products, and possession of cannabinoid products by minors, are necessary to promote and protect the public health, safety, and general welfare of the residents of Lexington. Subd. 3. - Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Cannabinoid product means any product containing nonintoxicating cannabinoids extracted from hemp, including an edible cannabinoid product, that is sold for human or animal consumption. Certified hemp means the definition for the same provided in Minn. Stat. § 151.72, Subd. 1(b), as may be amended. Compliance checks means the system the city uses to investigate and ensure that those authorized to sell cannabinoid products are following and complying with the requirements of this ordinance and state laws. Compliance checks involve the use of compliance check minors, as authorized by this section, who purchase or attempt to purchase cannabinoid products. Compliance checks may also be conducted by the City or other units of government for educational, research, and training purposes or for investigating or enforcing federal, state, or local laws and regulations relating to cannabinoid products. Compliance check minors means any person at least 17 years of age, but under the age of 21 years. Delivery sale means the sale of any cannabinoid products to any person for personal consumption and not for resale when the sale is conducted by any means other than an in-person, over-the-counter sales transaction in a licensed retail establishment. Delivery sale includes, but is not limited to, the sale of any cannabinoid products when the sale is conducted by telephone, other voice transmission, mail, the internet, or app-based service. Delivery sale includes delivery by licensees or third parties by any means, including curbside pick-up. Edible cannabinoid product means any product that is intended to be eaten or consumed as a beverage by humans, contains a cannabinoid in connection with food ingredients, and is not a drug. Hemp or Industrial Hemp means the definition for the same provided in Minn. Stat. § 18K.02, Subd. 3, as may be amended. Label means the definition for the same provided in Minn. Stat. § 151.01, Subd. 18, as may be amended. Labeling means the definition for the same provided in Minn. Stat. § 151.72, Subd. 1(f), as may be amended. Matrix barcode means the definition for the same provided in Minn. Stat. § 151.72, Subd. 1(g), as may be amended. Minor means any person under the age of 21 years. Moveable place of business means any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and that is not a fixed address or other permanent type of structure licensed for over-the-counter sales transactions. Nonintoxicating cannabinoid means substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. Operator means the person in legal possession and control of a location by reason of ownership, lease, contract or agreement, for the sale of cannabinoid products at retail. Retail establishment means any fixed place of business where cannabinoid products are available for sale to the general public. Retail establishments shall include, but not be limited to, grocery stores, convenience stores, and restaurants. Retail establishment for purposes of this ordinance does not include residences or residential zoning districts. Sale means any transfer of goods for money, trade, barter or other consideration. Self-service merchandising means open displays of cannabinoid products in any manner where any person shall have access to the cannabinoid products without the assistance or intervention of the licensee or the licensee's employee. Vending machine means any mechanical, electrical or electronic or other type of device which dispenses cannabinoid products upon the insertion of money, tokens, or other form of payment directly into the machine by the person seeking to purchase cannabinoidproducts. Subd. 4. - Retail license. (a) No person shall directly or indirectly keep for retail sale or sell at retail any cannabinoid product in the city unless a license therefore shall first have been obtained specifically for this purpose, and then only after obtaining an annual license for intoxicating beverages under Code Section 5.212 or a license for the sale of tobacco under Code Section 6.33. (b) An application for a license to sell cannabinoid products shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, the location of the building and the part intended to be used by the applicant under such license, the kind or nature of business, and any additional information the city deems necessary. Upon the filing of such application with the city clerk, it shall be presented to the city council for consideration, and if granted by the city council, a license shall be issued by the city clerk upon payment of the required fee. (c) The fees for licenses under this section shall be determined by the city council. Each such license shall expire on December 31 next after its issuance. Licenses shall not be transferable from one person or entity to another, nor shall they be transferable from one premises to another premises. (d) Every license issued under this section shall be kept conspicuously posted about the place for which the license is issued and shall be exhibited to any person upon request. (e) The renewal of a license issued under this section shall be made in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. (f)No license will be approved unless the premises proposed to be licensed complies with all applicable zoning requirements. (g) If a license is mistakenly issued or renewed to a person, the City will revoke the license upon the discovery that the person was ineligible for the license under this ordinance. The City will provide the license holder with notice of the revocation, along with information on the right to appeal. (h) The following shall be grounds for denying the issuance or renewal of a license under this section: (1) The applicant is under the age of 21 years; (2) The applicant has been convicted within the past five years of any violation of a federal, state, or local law, ordinance provision, or other regulation relating to cannabinoid products; (3) The applicant has had a license to sell cannabinoid products suspended or revoked within the preceding 24 months of the date of application; (4) The applicant fails to provide any information required on the application, or provides false or misleading information; (5) The applicant is prohibited by federal, state, or other local law, ordinance, or regulation from holding such a license; (6) The business for which the license is requested is a moveable place of business. Only fixed-location retail establishments that are not excluded under the definition for retail establishments in this ordinance are eligible to be licensed. (7) The applicant has failed to pay any required application or licensing fees to the city. Subd. 5. - Responsibility of licensee. All licensees under this section shall be responsible for the actions of their employees in regard to the sale of cannabinoid products on the licensed premises, and the sale of such item by an employee shall be considered a sale by the license holder. All licensees shall comply with the provisions of this section and all state and federal laws and regulations. Subd. 6. - Sales of Cannabinoids Derived from Hemp. In accordance with Minn. Stat. § 151.72, Subd.3, as may be amended: (a)A product containing nonintoxicating cannabinoids, including an edible cannabinoid product, may be sold for human or animal consumption only if all of the requirements of this section are met, provided that a product sold for human or animal consumption does not contain more than 0.3 percent of any tetrahydrocannabinol and an edible cannabinoid product does not contain more than five milligrams of any tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any tetrahydrocannabinol per package. (b) No other substance extracted or otherwise derived from hemp may be sold for human consumption if the substance is intended: (1)For external or internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; or (2)To affect the structure or any function of the bodies of humans or other animals. (c) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise derived from hemp may be sold to any individual who is under the age of 21. (d) Products that meet the requirements of this section are not controlled substances under Minn. Stat.§ 152.02. Subd. 7. - Testing Requirements. All testing must comply with the requirements set forth in Minn. Stat. § 151.72, Subd. 4, as may be amended. Subd. 8. - Labeling Requirements. All labeling must comply with the requirements set forth in Minn. Stat. § 151.72, Subd. 5, as may be amended. Subd. 9. - Additional Requirements for Edible Cannabinoid Products. In accordance with Minn. Stat. § 151.72, Subd. 5a, as may be amended: (a)An edible cannabinoid product must not: (1)Bear the likeness or contain cartoon-like characteristics of a real or fictional person, animal, or fruit that appeals to children; (2)Be modeled after a brand of products primarily consumed by or marketed to children; (3)Be made by applying an extracted or concentrated hemp-derived cannabinoid to a commercially available candy or snack food item; (4)Contain an ingredient, other than a hemp-derived cannabinoid, that is not approved by the United States Food and Drug Administration for use in food; (5)Be packaged in a way that resembles the trademarked, characteristic, or product-specialized packaging of any commercially available food product; or (6)Be packaged in a container that includes a statement, artwork, or design that could reasonably mislead any person to believe that the package contains anything other than an edible cannabinoid product. (b)An edible cannabinoid product must be prepackaged in packaging or a container that is child-resistant, tamper-evident, and opaque or placed in packaging or a container that is child-resistant, tamper-evident, and opaque at the final point of sale to a customer. The requirement that packaging be child-resistant does not apply to an edible cannabinoid product that is intended to be consumed as a beverage and which contains no more than a trace amount of any tetrahydrocannabinol. (c) If an edible cannabinoid product is intended for more than a single use or contains multiple servings, each serving must be indicated by scoring, wrapping, or other indicators designating the individual serving size. (d) A label containing at least the following information must be affixed to the packaging or container of all edible cannabinoid products sold to consumers: (1)The serving size; (2)The cannabinoid profile per serving and in total; (3)A list of ingredients, including identification of any major food allergens declared by name; and (4)The following statement: “Keep this product out of reach of children.” (e) An edible cannabinoid product must not contain more than five milligrams of any tetrahydrocannabinol in a single serving, or more than a total of 50 milligrams of any tetrahydrocannabinol per package. Subd. 10. - Prohibited Sales. (a)Samples Prohibited. Sampling of cannabinoid products within any retail establishment licensed under this ordinance is prohibited. No person shall distribute samples of any cannabinoid products free of charge or at a nominal cost. The distribution of cannabinoid products as a free donation is prohibited. (b)Coupon and Price Promotion. No person shall accept or redeem any coupon, price promotion, or other instrument or mechanism, whether in paper, digital, electronic, mobile, or any other form, that provides any cannabinoid products to a consumer at no cost or at a price that is less than the non-discounted, standard price listed by a retailer on the item or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale, including all applicable taxes. (c)Self-service Displays. All cannabinoid products must be stored behind the sales counter, in a locked case, in a storage unit, or in another area not freely accessible to the general public. No person shall allow the sale of cannabinoid products in open displays that are accessible to the public without the intervention of a store employee. This section does not apply to a retail establishment, as defined in this ordinance, that is continuously staffed by an employee from which persons under 21 years of age are prohibited from entering the store. (d)Prohibition Against Retail Sales of Cannabinoid Products by Vending Machines. No person will sell or dispense cannabinoid products through use of a vending machine. (e)Delivery Sales. All sales of cannabinoid products must be conducted in person, in a licensed retail establishment under this ordinance, in over-the-counter sales transactions. Subd. 11. - Adulterated or Misbranded Products. A cannabinoid product shall be considered adulterated or misbranded under the provisions set forth in Minn. Stat. §151.72, Subd. 6, as may be amended. Subd. 12. - Signage. At each location where cannabinoid products are sold, the licensee shall display a sign in plain view to provide public notice that selling any of these products to any person under the age of 21 is illegal and subject to penalties. The notice shall be placed in a conspicuous location in the licensed establishment and shall be readily visible to any person who is purchasing or attempting to purchase these products. The sign shall provide notice that all persons responsible for selling these products must verify, by means of photographic identification containing the bearer’s date of birth, the age of any person under 30 years of age. Subd. 13. - Age Verification. At each location where edible cannabinoid products are sold, the licensee shall verify, by means of government-issued photographic identification containing the bearer’s date of birth, that the purchaser or person attempting to make the purchase is at least 21 years of age. Verification is not required if the purchaser or person attempting to make the purchase is 30 years of age or older. It shall not constitute a defense to a violation of this Section that the person appeared to be 30 years of age or older. Subd. 14. - Hours of Sales. No sales of cannabinoid products will be allowed at the licensed premises after 10:00 p.m. and before 8:00 a.m. daily. Subd. 15. - Compliance checks and inspections. All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of their parents or guardians, compliance check minors to enter the licensed premise to attempt to purchase cannabinoid products. Compliance check minors used for the purpose of compliance checks shall he supervised by city law enforcement officers. Compliance check minors used for compliance checks shall not be guilty of unlawful possession of cannabinoid products when such items are obtained as a part of the compliance check. No compliance check minor used in compliance checks shall attempt to use a false identification misrepresenting the minor's age, and all compliance check minors lawfully engaged in a compliance check shall answer all questions about the minor's age asked by the licensee or his/her employee and shall produce any identification, if any exists, for which he/she is asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research, or training purposes, or required for the enforcement of a particular state or federal law or regulation. Subd. 16. - Penalties; revocation or suspension of license. A violation of any provision of this section shall constitute a misdemeanor, unless otherwise specified by other federal or state laws or regulations. Violation of any provision of this section shall also be cause for consideration of immediate revocation or suspension of the license by the city council. Any fee paid to the city for a license shall be forfeited upon revocation or suspension of the license. Other administrative fees may be charged for violations of this section. Subd. 17. - Administrative penalties. (a) Notice. Upon discovery of a suspected violation of any of the provisions of the section, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of his/her right to be heard on the charges. (b) Hearings. If a person accused of violating this section so requests, a hearing shall be scheduled, the time and place of which shall be provided to the accused violator. (c) Hearing officer. The city administrator or his designee shall serve as the hearing officer. (d) Decision. If the hearing officer determines that a violation of this section has occurred, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. (e) Appeals. Appeals of any decision made by the hearing officer shall be filed with the clerk of the county district court. (f)Misdemeanor prosecution.Nothing in this section prohibits the city from seeking criminal prosecution for any alleged violation of this section. (g) Continuing violations. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. (h) Penalties. Any licensee found to have violated this section, or whose employee shall have violated this section, may be charged an administrative fee of $75.00 for a first violation of this ordinance; $200.00 for a second offense at the same licensed premises within a 24-month period; and $250.00 for a third or subsequent offense at the same location within a 24-month period. In addition, after the third offense, the license shall be suspended for not less than seven days. (i) Other individuals. Other individuals may be charged an administrative fee of $50.00. Subd. 18. - Underage persons. (a) Illegal sales. It shall be a violation of this section for any person to sell or otherwise provide any cannabinoid products to any minor. (b) Illegal possession. It shall be a violation of this section for any minor to have in his/her possession any cannabinoid product. This subdivision shall not apply to compliance check minors lawfully involved in a compliance check. (c) Illegal procurement. It shall be a violation of this section for any minor to purchase or attempt to purchase or otherwise obtain any cannabinoid product, and it shall be a violation of this ordinance for any person to purchase or otherwise obtain such items on behalf of a minor. It shall further be a violation for any person to coerce or attempt to coerce a minor to illegally purchase or otherwise obtain or use any cannabinoid product. This subdivision shall not apply to compliance check minors lawfully involved in a compliance check. (e) Use of false identification. It shall be a violation of this section for any minor to attempt to disguise his/her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. SECTION 2: INITIAL FEES. Upon effect of this Ordinance, permit fees shall cost $100, annually, and background fees and other costs are set forth elsewhere in this chapter. SECTION 3: SUMMARY PUBLICATION. 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 City will be undergoing a study regarding medical facilities, clinics, and other businesses which provide medical treatments or counseling, including dispensing pharmaceutical drugs to determine if regulations surrounding zoning and licensing are appropriate. No new use may be established, and no existing use may be expanded until the City adopts regulations regarding these uses, or determines no regulations are necessary and rescinds the interim ordinance or for a period of one year, whichever occurs first.” SECTION 4: EFFECTIVE DATE. This Ordinance shall take effect and be in force from and after its passage and publication. ADOPTED by the City Council of the City of Lexington this 3rd day of November, 2022. First Reading October 22, 2022 Second Reading November 3, 2022 ____________________________________ Michael Murphy, Mayor ATTEST: ________________________________ Bill Petracek, City Administrator Published in the Quad Press on ___________________ ##, 2022 APPLICATION FORM FOR CANNABINOIDS LICENSE Dear Applicant: Thank you for your interest in obtaining a cannabinoids license in Lexington.All application materials must be completed before your application will be processed. Upon receipt of the completed application, the Police Department will conduct an investigation on all applicants (and store manager, if different from applicant). After the investigation is completed, the application and background investigation will be reviewed by the Deputy City Clerk. This process may take up to 30 business days to complete. Attached are the forms you will need to complete. If the store manager is different from the applicant, the “Store Manager - Authorization of Release of Data” form must be completed. City Code regarding cannabinoids and general licensing provisions are also provided on the City website at http://www.ci.lexington.mn.us All fees are due when the application is submitted. The fee for a cannabinoids license is $100.00 annually and may be pro-rated monthly. There is also a non-refundable investigation fee of $500 for a new cannabinoids license. Changes in store manager require additional documentation and background investigation with the city. Checks should be made payable to City of Lexington. In the event a license is denied, the license fee will be refunded. If you have questions about the forms, regulations or the process, please feel free to contact this office at 763-784-2792. License #: Receipt #: Date: Fee Paid: Application Multiple licenses must be filed individually and may not be combined Your License Application •Incomplete and/or illegible applications will be returned. •All applications must be signed by an owner, partner, or principal. •No license will be issued for a period longer than one year. Standard license periods are from January 1 to December 31. •Licenses are not transferable unless City Council approval is granted. •Make a duplicate copy of this packet for your personal records before submitting. •Minnesota Sales Tax ID (651) 296-6181 •Federal Tax ID/Employer Identification Number (651) 312-8082 Guidelines and Checklist License Type: Cannabinoids Products In compliance with Lexington City Ordinance 22-04 you are required to submit the following information for a Cannabinoids License: StaffApplication Checklist Initials:Submit completed items below to: Attn: Deputy City Clerk 9180 Lexington Avenue Lexington , MN 55014 ALL Applicants/Owners/Partners must submit the following: 1. Application (Form #1) 2. License Applicant Information (Form #2) 3. Minnesota Workers' Compensation Liability (Form #3) 4. Cannabinoid License Application Authorization of Release of Data (Form # 4) 5. Supplemental Investigation Form (Form #5) 6. Color photocopy of Driver’s License or other State issued identification card Each Business must submit the following: 7. Certificate of Liability Insurance – see page 3 of Form #1 for more details (highlighted in green) 8. License Fee (2023 - $100.00) 9. Background Investigation Fee (2023 - $500) one time fee 10. Copy of signed lease agreement for your business Manager (if applicable) must submit the following: 1. Manager – Application for Cannabinoid License (Form # 6) Form #1 License Application for Cannabinoids Applicant Personal Information: First Name: Middle Name: Last Name: Date of Birth: Email Address: Street: City: Address of Residence: State: Zip: Driver's License # State of Issue: Day Telephone: Evening Telephone: I certify that I am 21 years of age or older Applicant is the: Officer Owner Of: Complete Legal Business Name: Doing Business As Name: Business Phone: Address of Street: Business City:Lexington in State:MN Lexington Zip: Primary Type of Business being conducted at establishment: Location Manager: First Name: Middle Name: Last Name: Email Address: Telephone: Street: City: Address of Residence: State: Zip: Anytime there is a change in the store manager, you are required to inform the City of Lexington of the change within 14 days. It will be necessary for a New Manager Application and a background investigation to be completed in order for your Cannabinoids License to remain valid. If Corporation or Partnership, state: Type of Organization: S-CorpC-CorpLLC Sole Proprietorship Partnership Complete Legal Business Name: Date of incorporation: State of Incorporation: I agree, as part of this application, to list the corporate owners holding more than five percent (5%) of the outstanding stock of the corporation. I will notify the City Clerk of any change in legal ownership in this business. The ownership interest of the business are as follows: Officer / Partner / Owner #1 First Name: Middle Name: Last Name: Date of Birth: Email Address: Street: City: Address of Residence: State: Zip: % of Ownership Interest: Officer / Partner / Owner #2 First Name: Middle Name: Last Name: Date of Birth: Email Address: Street: City: Address of Residence: State: Zip: % of Ownership Interest: Officer / Partner / Owner #3 First Name: Middle Name: Last Name: Date of Birth: Email Address: Street: City: Address of Residence: State: Zip: % of Ownership Interest: Have you ever been convicted within the last five years of violating any federal, state or local laws relating to the sale of tobacco, alcohol, THC/cannabinoid products? Yes; No. If yes, please describe the circumstances, including the date and location: Have you ever been convicted of a violation of Minnesota Statutes Chapter 152 (Drugs; Controlled Substances)? Yes; No. If yes, please describe the circumstances, including the date and location: List business names, complete addresses and all jurisdictions where you currently hold or have previously held a license to sell cannabinoids: Business Name Complete Address Jurisdiction I understand that this license is to sell cannabinoid/THC/ “edibles” products at retail only at the business listed on this application and these products may contain no more than 0.3% of any THC total, more than five milligrams of THC per serving, and no more than fifty milligrams of THC per package. I understand that the business establishment listed on this application may not be within 1,000 feet of a school. I understand the City Code Section 22-04 prohibits the sale of cannabinoid products through the use of any type of vending machine or internet sales, and also prohibits providing delivery services for ese products. I understand that no sale of cannabinoid/THC products may be made: 1.On Sundays, except between the hours of 11:00 am and 6:00 pm 2.Before 8:00 am on Monday through Saturday 3.After 10:00 pm on Monday through Saturday 4.On Thanksgiving Day 5.On December 25 6.After 8:00 pm on December 24 I understand that I am required to provide a Certificate of Insurance that shows general liability coverage, issued by an insurance company authorized to do business in the State of Minnesota, with a limit of not less than $1,000,000 for each occurrence. Any general aggregate limit included in the policy must be not less than $2,000,000 and the aggregate limit will apply on a per license year basis. The insurance policy must also cover liability arising from loss associated with the sale of cannabinoids from your business resulting in personal injury, property damage, or both. A certificate of insurance acceptable to the City must be filed with the City Clerk prior to the commencement of operation. The certificate and the required insurance policy shall contain a provision that the coverage afforded under the contract will not be cancelled or allowed to expire until at least 30 days after prior written notice has been given to the City. ______________________________________________________________________________ Date Signature Form #2 License Applicant Information Under Minnesota Law (M.S. 270C.03) the agency issuing you this license is required to provide to the Minnesota Commissioner of Revenue your Minnesota business tax identification number and the Social Security number of each license applicant. Under the Minnesota Government Data Practices Act and the Federal Privacy Act, we must advise you: •This information may be used to deny the issuance, renewal or transfer of your license if you owe the Minnesota Department of Revenue, or any other Department of Revenue in the United States, delinquent taxes, penalties or interest. •The licensing agency will supply it only to the Minnesota Department of Revenue. However, under the Federal Exchange of Information Act, the Department of Revenue is allowed to supply this information to the Internal Revenue Service. •Failing to supply this information may jeopardize or delay the issuance of your license or processing your renewal application. Please print or type in the following information and return along with your application. Applicant Personal Information: First Name: Middle Name: Last Name: Email Address: Street: Address of City: Residence: State:Zip: Driver's License # State of Issue: Social Security # Business Information: Complete Legal Business Name: Doing Business As Name: Store Phone #: Business Street: Address in City:Lexington Lexington State:MNZip: 55014 Minnesota Tax ID #Federal Tax ID # If Minnesota Tax ID # is not required, please explain: ______________________________________________________________________________ Date Signature Title Form #3 MINNESOTA WORKERS’ COMPENSATION LIABILITY CERTIFICATE OF COMPLIANCE Minnesota Statute, Section 176.182 requires every state and local licensing agency to withhold the issuance or renewal of a license or permit to operate a business or engage in an activity in Minnesota until the applicant presents acceptable evidence of compliance with the workers’ compensation insurance coverage requirement of Chapter 176.181. The information required is: the name of the insurance company, the policy number, and dates of coverage or the permit to self-insure. This information will be collected by the licensing agency and retained in their files. This information is required by law, and licenses and permits to operate a business may not be issued or renewed if it is not provided and/or is falsely reported. Furthermore, if this information is not provided or falsely stated, it may result in a $2,000 penalty assessed against the applicant by the Commissioner of the Department of Labor and Industry. Insurance Company Name: *Note: This is NOT the insurance agent. Telephone Number: Policy Number: Dates of Coverage:*Note: If not continuous, dates of coverage must correspond EXACTLY with the license period; i.e., January 1 - December 31. I am not required to have workers’ compensation liability coverage because: I have no employees. I am self-insured (include permit to self-insure). I have no employees who are covered by the worker’s compensation law (these include: Spouse, Parents, Children and certain farm employees). Personal Information: First Name: Middle Name: Last Name: Doing Business As: Name: Street: City: Address of Business: State: Zip: Phone Number: I certify that the information provided above is accurate and complete and that a valid worker’s compensation policy will be kept in effect at all times as required by law. Date:_______________________Signature:__________________________________________ Form #4 CANNABINOIDS LICENSE APPLICATION AUTHORIZATION OF RELEASE OF DATA In order to comply with State and Federal Data Privacy Acts, the City of Lexington is required to ask the following information. This authorization expires one year from date of application. Personal Information First Name: Middle Name: Last Name: Date of Birth: Email Address: Street: City: Address of Residence: State: Zip: Driver's License # State of Issue: Day Telephone: Evening Telephone: Business Information Business Name: Business Phone: Have you ever been convicted of any crime, either felony, gross misdemeanor, or misdemeanor? Yes; No. If yes, please state nature and location of offense(s): Have you ever been convicted of any traffic offense? Yes; No. If yes, please state nature and location of offense(s): I, the undersigned, have made a license application with the City of Lexington. Realizing the City has need to investigate my background and history in order to better evaluate my application, I hereby authorize and request every law enforcement official and every other person, firm, officer, corporation, association, organization or institution having control of any documents, records or other information pertaining to me to furnish the original or copies of any such documents, records and other information to the City, and to permit said City or any of its representatives to inspect and make copies of any such documents, records and other information. I further authorize any such persons to answer any inquiries, questions or interrogatories concerning the undersigned which may be submitted to them by the City or its authorized representative. I fully understand that the information so obtained by the City may be used in the evaluation of my application. I hereby release and exonerate any person who shall comply with the authorization and request made herein from any and all liability of every nature and kind growing out of and in any ways pertaining to the furnishing or inspection of such documents, records or other information. I am a resident of the State of Minnesota. Yes; No If not a Minnesota resident, I authorize the appropriate authorities to conduct a background investigation in the state of residence listed on the valid identification card provided as part of this application. Tennessen warning The data you supply on this form will be used to process the license you are applying for. You are not legally required to provide this data, but we will not be able to process the license without it. The data will constitute a public record if and when the license is granted. I have read and understand the Data Practices Rights Advisory and certify that the statements in this application are true and correct to the best of my knowledge. ____________________________ ______________________________________________ Date Signature Form #5 SUPPLEMENTAL INVESTIGATION INFORMATION _________________________________ Print Full Name _________________________________ Date of Birth The following information is necessary for the Police Department to properly identify the applicant for purposes of the required background investigation. This information will be retained only by the Police Department as required by law and will not be included in any investigative report submitted to the City Council and will not become a part of the public record or released to the public except as authorized by law. Sex: Male; Female Race: ______________________ Form #6 Manager - Application for Cannabinoid License Manager Personal Information: First Name: Middle Name: Last Name: Date of Birth: Email Address: Street: City: Address of Residence: State: Zip: Driver's License # State of Issue: Day Telephone: Evening Telephone: I certify that I am 21 years of age or older Business Information: Complete Legal Business Name: Doing Business As Name: Business Phone: Street: City:Lexington Address of Business: State:MN Zip: 55014 Have you ever been convicted within the last five years of violating any federal, state or local laws relating to the sale of tobacco, alcohol, THC/cannabinoids products? Yes; No. If yes, please describe the circumstances, including the date and location: CITY OF CENTERVILLEREQUEST FOR ACTION Agenda Item # Department: RequestedMeetingDate: March 14, 2023 Planning/Legal VI.4 TITLE OF ISSUE: Moratorium on Medical Facilities – Discussion of Timeline/Next Steps BACKGROUND AND SUPPLEMENTAL INFORMATION: On October 26, 2022, the City Council passed a resolution, setting a moratorium prohibiting new or expanded medical facilities in the city. The moratorium went into effect upon its publication on October 31, 2022. As with all moratoriums, the maximum duration is one year. The intent is to use that time to study the issues and make any changes to city code, prior to its expiration. There is no new information to bring forward at this time, but staff intends to propose some ordinance changes in the next few months for consideration by the Commission. COST AND SOURCE(S) OF FUNDING: N/A REQUESTED ACTION: No formal action required. For Clerk’s Use: SUPPORTED DOCUMENTS ATTACHED Motion By: ____________________________________ Resolution Ordinance Contract Minutes Plan Map Second By: ____________________________________ Vote Record: Aye Nay _____ _____ Other (specify) ____________ _____ _____ _____ _____ ______________________________________________________________ _____ _____ _____ _____ _______________________________________________________________ _____ _____ _____ Refer to: _________________________________ Tabled Until: ______________________________ Consent Other: ___________________________________ Regular CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Regular Meeting of the Planning and Zoning Commission held in Council Chambers on Tuesday, February 7, 2023 at 6:30 p.m. I.CALL TO ORDER The meeting was called to order at 6:30p.m. 1.Roll Call Present: Chair David Kubat Vice-Chair Krueger Not Approved Commissioner Darrell (DJ) Olson, Jr. Commissioner Richard Nelson Commissioner Les Kuiper Commissioner Thompson Absent: None Vacancy: One Staff: Administrator Mark Statz, Assistant City Administrator, Athanasia Lewis Council Liaison, Russ Koski, Attorney Kurt Glasser II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA There were no changes to the agenda. Motion by Commissioner Thompson, seconded by Vice-Chair Krueger to Approve the Agenda as presented. All in favor. Motion carried. IV. PUBLIC HEARINGS (6:39 PM or shortly thereafter) 1.None V. AWARDS, PRESENTATIONS, APPEARANES 1.None VI. OLD BUSINESS 1.Ordinance Review – Ord. #130, Section 130.03 – Discharge of Firearms Chair Kubat introduced this item, noting that the P&Z spent considerable time in past months discussing the ordinance. A public hearing was help in September 2022 and prior to completing the ordinance, Attorney Glasser advised the Commission to table the item due to litigation risk associated with moving forward (based on a supreme court case). The Commission chose to finish the ordinance. Page 1 of 4 City of Centerville Planning and Zoning Commission February 7, 2023 Attorney Glasser reviewed the revised draft language in the ordinance, noting that revisions are based largely on the city of Lino Lakes ordinance. Proposed revisions point out where hunting is allowed and what type(s) of firearms are allowed. Subdivision A outlines key revisions. The definitions portion of the ordinance was also updated. The P&Z agreed on the revised draft language and that they would like to table the item for future discussion. A public meeting was already held a couple of months ago. Motion by Commissioner Olson, seconded by Commissioner Thompson to table the ordinance with proposed changes. Chair Kubat suggested there be a friendly amendment to table the ordinance to include a timeframe for further discussion. Motion by Commissioner Olson, seconded by Commissioner Nelson to table the ordinance with proposed changes until the August P&Z meeting. All in favor. Motion carried. 2.Ordinance Review – # 156, Section 156, 104 Temporary Dwellings & Structures Administrator Statz introduced this item, explaining that the existing ordinance prohibits temporary occupancy in an RV or tent, unless council makes an exception for extenuating circumstances. Administrator Statz reviewed the summary of proposed revisions as presented in the packet. Discussion ensued about the definitions of recreational vehicle, and the proposed revision uses the definition included in the state statute. Discussion ensued about the length of occupancy in a tent. The revision to the proposed language, as presented in the packet, is that tents can be erected for fourteen continuous days in a month. The implementation strategy needs further consideration by the city attorney and building official. Attorney Glasser will review the ordinance against the building code. A public hearing will be held on March 14, 2023 at the March Planning and Zoning Commission meeting. 3.No Parking Areas – Review Administrator Statz introduced this item and reviewed the map and chart that are included in the packet. The chart lists each no parking area and provides information about why each area exists and a recommendation on whether it should continue to exists, based on previous committee discussion. Administrator Statz noted two changes to the map: On Mound Trail a large portion of the road was designated as no parking and the staff recommendation is that the no parking designation be for the just the far west portion of the road. On Brian Drive, the recommendation was to remove the no parking designation and after Page 2 of 4 City of Centerville Planning and Zoning Commission February 7, 2023 further discussion with staff about the width of the road, the staff recommendation is to leave the no parking designation in place. Administrator Statz reviewed the map, noting areas where no parking designations could be added (areas highlighted in yellow) due to changes in road conditions from twenty years ago (new development/trails, etc.) and to avoid parking on both sides of the street. Overnight parking is currently not allowed between the hours of 3:00am-7:00am. Commissioner Krueger suggested reviewing parking rules during snow emergencies. Discussion ensued about what other cities are doing, notifying residents, and current practices. Administrator Statz reviewed noticing requirements, noting that notices are published in the Quad Press newspaper ten days in advance of the hearing. Letters are mailed to adjacent property owners, information is shared on the website, and all social media platforms. Administrator Statz noted that a notice could also be included in the upcoming utility bill mailing. Motion by Chair Kubat, seconded by Commissioner Olson to call for a public hearing on March 14 for no parking areas with edits to the map and guidance to staff regarding noticing. All in favor. Motion carried. VII. NEW BUSINESS 1.None VIII. APPROVAL OF MINUTES 1.January 17, 2023 Planning & Zoning Commission Meeting Minutes There was one revision to the minutes, and that is to change the year from 2022 to 2023. Motion by Commissioner Kuiper, seconded by Vice Chair Krueger to approve the January Planning and Zoning Commission minutes. No Vote. A friendly amendment was made by Commissioner Nelson, seconded by Vice-Chair Krueger to correct the year from 2022 to 2023. All in favor. Motion carried. IX. Announcements and Updates 1.Council Member Liaison No Report 2.Administrator’s Report Administrator Statz reviewed the report as presented in the packet; noting the expansion of civic engagement metrics. 3.Planning and Zoning Action Items Tracker Administrator Statz reviewed the Planning and Zoning Action Items Tracking sheet, noting updates where needed. Updates encompass changing the following: Ordinance Review – Discharge of Firearms – the date has been extended to August 2023 Page 3 of 4 City of Centerville Planning and Zoning Commission February 7, 2023 Population 5000 – Administrator Statz noted that this will be a topic at the council retreat, which has not been scheduled at this time Ordinance Review – Cannabis – continue review in May 2023 with the caveat that public hearings do not extend to December. Add review of the definition of yard/side yard X. ADJOURNMENT Motion by Commissioner Thompson, seconded by Commissioner Olson to adjourn the meeting at 7:49 p.m. All in favor. Motion carried. Page 4 of 4 Administrator’s Report March 8, 2023 ____________________________________________________________________________________________________ Centerville State of the City Address from Mayor D. Love Please join us for a State of the City Address at the St. Genevieve Community Parish Center on Thursday, th March 30 from 7:30am-9:00amwhere Mayor D. Love will provide an update on all of the great things happening in Centerville. If you or someone you know is interested in attending this event, please RSVP to alewis@centerville.com by 3/20/23. Event details are included in the invitation shown below. VOLUNTEER OPPORTUNITIES Open Board Positions Please call city hall at 651-429-3232 with any questions you may have regarding the following openings. If you are interested in applying scan the QR Code to the right or visit the City’s web site for an application under News and Announcements. City Council – Open Seat o Meets twice a month on the second and fourth Wednesdays at 6:30 p.m., in chambers Parks & Recreation Committee – Open Seat o Meets monthly on the first Wednesday of the month at 6:30 p.m., in chambers Planning & Zoning Commission – Open Seat o Meets monthly on the first Tuesday of the month at 6:30 p.m., in chambers ADMINISTRATION Website Redesign & Mobile App The city’s mobile app has launched. Look for it in your Google Play Store and Apple Store links. PARKS AND RECREATION Music in the Park Pre-Planning Committee Member Brian Peterson is diligently working to secure performers/bands for this years’ Music in the Park Series. The performances will take place Tuesday evenings commencing June 13-27, July 11-25 & August 8-15, 2023 at 6:30pm-8pm at Hidden Spring Park. Picnic tables will be on site for first-come, first served use. Check out the Facebook page at:www.facebook.com/CentervilleMusicInThePark or the QR Code to the right for current information. Main Street Market The Main Street Market & Water Ski Show is being planned. We are actively looking for artisans, farmers, cottage food and prepared food vendors. Applications, Rules and Regulations, and payment information is on the city’s website. Vendors must participate in at least two (2) events to be considered. We currently have 10 vendors registered with eight (8) of them returning from 2022. For more information, please visit: the city’s website or www.facebook.com/CentervilleMainStreetMarket/. Themed evenings will be: July 13 – Fete des Lacs July 20 – Ladies Night August 3 – Kids Night August 10 – Pet Night Mark those calendars and check out the Main Street Market Facebook page at: www.facebook.com/CentervilleMainStreetMarket/ or the QR Code above for more information as planning continues. Annual Park Cleanup The Committee has scheduled their annual park cleanup for Saturday, April 29, 2023 with a rain date of May 6, 2023. The Committee will meet at City Hall at 9 a.m. and is requesting volunteer assistance from the public. Eagle Park needs additional cleanup activities associated with the removal of several trees in 2022. Volunteers are needed and a signup sheet will be available on the city’s web site shortly. Statewide Health Improvement Partnership Grant Submissions The Committee has submitted two (2) Statewide Health Improvement Partnership (SHIP) grants to Anoka County for the installation of a free-standing Bike Repair Stand to be installed near the trail that runs along the west side of Laurie LaMotte Park near the parking lot and two (2) free-standing outdoor bottle filler w/drinking fountain & pet station water fountains. One would be installed near the pavilion at Laurie LaMotte Memorial Park and the other would be installed near the new parking lot located at Acorn Creek Park. Successful programs/applicants will be notified April 1, 2023. Meeting and City Hall Schedule April 5, 2023, 6:30 p.m. – Parks & Recreation Committee March 8, 2023, 6:30 p.m. – City Council March 14*, 2023, 6:30 p.m. – Planning & Zoning Commission (*note revised date) March 15, 2023, 6:30 p.m. – Economic Development Authority PLANNING & ZONING Public Hearings The Planning and Zoning Commission will hold a public hearing on March 14 at 6:30 p.m. at City Hall to discuss potential changes to two sections of city code as outlined below. You may also submit comments at info@centervillemn.com Temporary Dwellings and Structures The Planning & Zoning Commission discussed Temporary Dwellings and Structures at their meeting on January 17, 2022. This ordinance deals with the occupancy of things like RV’s and tents. The city’s current ordinance does not allow occupancy of these, for any length of time. The commission is considering: For RVs Stay up to 14 days/year/parcel w/no winter stays No exchange of money allowed Must have principal structure on lot Must be parked in driveway Self-service permit required For Tents Limited stays No permits necessary Parking Restrictions The Commission is considering amending language of the current City Code regarding parking requirements, including restrictions on parking overnight, during snow events and review of all existing areas designated “no parking” with the possibility of adding additional areas. THC Regulations Centerville, along with many cities across the state, issued a moratorium on the sale of THC products after the state legalized edibles in July of 2022, with few restrictions. Those included: 21+ to purchase; no marketing to children Max 5 mg/serving, max 50 mg/package As required by a moratorium, the city is studying the issue by talking with our law enforcement and school officials, watching what other cities are doing to see what is working and what is not, and soliciting input from the public. Some of the regulations other cities are considering include: Behind-the-counter sales Licensing w/background checks Buffers around schools and daycares No mobile or vending machine sales As always, you may submit any thoughts you have on the issue through info@centervillemn.com or keep an eye out for a public hearing and other opportunities to weigh in. CENTERVILLE CARES MN DEED Broadband Line Extension Connection In the 2021 Legislative Session, the Office of Broadband Development (OBD) created the Broadband Line Extension Connection Program, a program that awards grants for the extension of existing broadband infrastructure to unserved locations. An unserved location is a location that does not have a wired broadband service of at least 25 Mbps download and 3 Mbps upload. If you, or someone you know is experiencing internet speeds below 25/3 Mbps, you can register your address with the Office of Broadband Development. Internet providers will then have the opportunity, through a reverse option bidding process, to receive state funding to serve the registered addresses. Please click on the QR code shown above to learn more about the program. ECONOMIC DEVELOPMENT Quad Area Chamber Calendar March 15, 2023 – Sip & Learn - Medicare – 10:30am-11:30am – The Rookery Activity Center March 15, 2023 – Lunch & Learn – Network in Action – Lexington Lofts – 11:30am-1:00pm March 23, 2023 – Nosh and Networking – TBD March 30, 2023 – State of the City Address – St. Genevieve Community Parish – 7:30am-9:00am Visit the Quad Area Chamber Website for Event Locations: www.quadareachamber.org/qacc-calendar749d6a73 or utilize the QR code above to the right. Economic Development Authority (EDA) The Downtown Redevelopment Market Study is underway, and we are seeking citizen input about redevelopment in Centerville. Residents can share their ideas by accessing the city’s website and completing a brief online survey. The survey will be open th through March 24. We look forward to reading your responses. Click on the following link to access the website: www.centervillemn.com or use the QR code above to the right. CENTENNIAL FIRE DISTRICT IS HIRING Centennial Fire District is hiring firefighters/EMTS and we'd like to hear from you. The Centennial Fire District Offers: The department pays for all required training and certifications to become a Centennial Fire District member (Firefighter I, Firefighter II, Hazmat Operations and EMT) Advanced training courses and certifications are available after the 2 year probation period is completed Applicants should be within 7 minutes of the station in their city Pension is provided to members and they become partially vested after 10 years of service (current pension amount is at $7,500/yr – fully vested after 20 years) Community Involvement and Public Education Events consisting of parades, events, EMT staffing, open houses and more (pay based on hourly rate per years of service) Check us out on Facebook to see what's happening at Centennial Fire District https://www.facebook.com/centennialfiredistrict To request an application, contact Battalion Chief Matt Montain via email at: Matt.Montain@centennialfire.org. RECYCLING UPDATES The first recycling event of the year is scheduled for Saturday, March 11, 2023 from 8 a.m.—12 p.m., at Recycle Technologies (1525—99th Lane N.E., Blaine, MN 55449). If you have questions, please contact them at: 763-559-5130. Materials Accepted: Appliances ($15-30 each) Automotive batteries (FREE); Batteries: sealed lead acid, small household and rechargeable ($1.75-6.75/lb) Bicycles (FREE) Electronics CENTERVILLERECYCLINGEVENT COUPON CD’s, DVD’s and VHS tapes ($1.50/lb) Printers, scanners and fax machines ($10-35 each) RECYCLE4ITEMSFORFREE Hard drive destruction ($5 each) TVs and monitors:all sizes ($20-85 each) Small and medium items: mice, keyboards, DVD and VCR players, stereos, speakers, record players, coffee makers, toasters, phones, small appliances, and video game consoles ($6 each) Exercise equipment ($25-40 each) March11,2023 Fire extinguishers ($30 each) 8a.m.Α12p.m. Fluorescent bulbs ($.50-2.50 each) Upto$55.00invalue Mattresses and box springs ($20-25 each) Mustprovideproofof Paper shredding: 2 box maximum, no 3-ring binders or newspaper (FREE) Centervilleresidency Propane tanks ($6-35) Scrap metal: clean and all non-metal material removed (FREE) Smoke detectors ($20 each) String lights, cables and cords (FREE) Tires ($2.25-9 each) Prices have a range since they vary by the size and type of material/item. Additional coupons for the May 13, July 8, September 9 and November 11, 2023 events will be forwarded to individual homes shortly. 2023 GARAGE SALE DAYS - MARK YOUR CALENDARS (Friday, June 9 & Saturday, June 10, 2023) & REUSE/CLEANUP DAY (Saturday, June 17, 2023) Staff is in the beginning stages of organizing both events. GARAGE SALE DAYS/REUSE: Items not sold at Garage Sale Days or items around your house that you feel are reusable, you may donate them to the ReUse Tent. The collection of these items will take place Friday, June 16, 2023 from 3-7 p.m. at Laurie LaMotte Memorial Park. Look for a registration form soon on the city’s website. CLEANUP DAY: All of the standard items that have been collected in year’s past for recycling will again be collected (i.e., shredding, bicycles, cardboard, electronics, fire extinguishers, fluorescent lamps, furniture containing foam and/or metal (recliners, hide-a-beds), mattresses and box springs, propane tanks, scrap metal, small engine equipment without fluids, used motor oil, anti-freeze and oil filters. A coupon for 4 items (free) for the for mentioned items will be available for the event shortly. There will be fees associated with all other items. Vendors on hand will be: Republic Services, Evergreen Recycling, East Side Oil Company and Randy’s Shredding. COMMUNITY DEVELOPMENT Project Map Staff has prepared a map of all active developments to help everyone get a better picture of what’s happening around our community. The number you see at the heading of each item in this section corresponds to a number on the map, which is attached to the end of this report. (11) Norbella Senior Living The Norbella Senior Living facility erected a new sign to cap off their first-class development. The rooms are 42% full and their operation is fully staffed. (9) Block 7 Property (Downtown) The city approved a purchase agreement with a developer (Schifsky Companies) who continues to explore the viability of the site for a townhome style development. City staff recently met with Mr. Schifsky to look at ways to more efficiently engineer the site’s stormwater infrastructure. stnd (3)(4) Old Mill Estates 1 and 2 Additions The developer has finished black dirt and seed work in boulevards and around ponds. They continue to work to finalize wetland and other watershed permits. Construction of the gravel base for the trail between Old Mill Court and Laramee Lane is now complete. Concrete work will be completed in the spring to ensure the base has a chance to settle over the winter. (16) Centerville Storage The facility is now open for business. The developer has made progress to address drainage issues along the north side of the facility and will continue to work on minor clean-up items. (1) Bay View Villas (Waterworks Site) The developer’s landscaping crew has finished sod work near the cul-de-sac and has just a few items from the punch list remaining. (10-14) Rehbein Commercial thst The sidewalk on the north side of Main Street, between 20 Avenue and 21 Avenue will be graded and poured in the spring. Other punch list items remain. Record plans have been submitted and reviewed. (13) Kwik Trip Construction is complete with the exception of some punch list items and the sidewalk along Main Street, in the spring. The store is now open! (17, 19) Rehbein Industrial Record Plans for the project have been submitted and reviewed. Once permit closure is achieved, the project can be closed out. (18) Max Storage (Fairview Street) A building permit has now been issued for construction of Building #1 of 2. The developers have decided to wait until spring to begin construction. (17) Amazon Fulfillment Center The building shell is now up, including the roof trusses and superstructure for the van loading area canopy. Site work will continue in the spring.Interior work on the building continues. st Work on the 21 Avenue Floodway Impacts study is now complete. Results of the modeling work will be submitted to FEMA in the next week or so. The study will supply required documentation to the Federal st Emergency Management Administration (FEMA), to demonstrate that the culvert placed under 21 Avenue with the Distribution Alternatives project did not affect the flood elevation in the area. Once complete, the study and resulting paperwork will clear the way for Amazon’s Flood-fringe excavations. Development Inquiries None PUBLIC WORKS Commercial Water Connection Fee Assistance At the last City Council meeting, the Council voted to extend the program through the end of 2023. The program offers half-priced hook-up charges for businesses hooking to city water. th 20 Avenue (CSAH 54) Corridor Study The latest progress meeting for the Corridor Study was held on February 13. Stakeholders were shown concept maps, laying out potential intersection treatments, access modifications, street cross sections, speed limits, and pedestrian routes. Next, the team will be reaching out to key area land and business owners along the corridor to gain their perspectives on various alternatives. Following those meetings, the concept layouts will be adjusted and readied for a broader public input phase. st The study is examining 20th Avenue from Birch Street to 80th Avenue, and the intersection of 21 Ave. and Main Street, aimed at identifying improvements needed in the short and long-term to accommodate regional growth. Wellhead Protection Plan The Minnesota Department of Health held a kick-off meeting with city staff and consultants for the implementation of the city’s Part-2 Wellhead Protection Plan. The group reviewed items in the documents and the timelines associated with various activities. Staff will be following up on the action items over the course of the next few months. City staff recently completed final paperwork and receive reimbursement from the Department of Health associated with a grand for sealing of a well in the downtown at no cost to the city or resident. With the completion of this grant, the city can now apply for other grants related to the Wellhead protection plan. 2022 Thin Overlay Program and City Hall Parking Lot Improvements Assessment invoices have now been mailed to all affected property owners. The invoices contain information on prepayment options, interest and an amortization schedule. If you have questions about your assessment, how to pay or other logistics of the assessment process, please reach out to city hall at 651-429-3232. Overlay Program City staff have evaluated the roads and determined that no overlay project will be completed in 2023. City Hall Parking Lot Lighting The Public Works Director has sent out requests for proposals to complete the parking lot lighting project, contingent upon a grant award through the Occupational Safety and Health Administration (OSHA). The first th grant application cycle closes April 15. COMMUNITY ENGAGEMENT (February 2023) Web Site (4,726 Total Pageviews, 1,929 Total Visits) 2/24 City Hall Closure/Council Meeting to Zoom City Council Vacancy Announcement City App Launch Mayor’s Minutes Administrator’s Report Committee Agendas/Packets Reader Board (11,000+ cars/day) 2/24 City Hall Closure/Council Meeting to Zoom City Council & Committee Vacancy Announcement City App Launch Meeting Schedules Community Events Parks Programming Circle K (Korner Express) Sign City Council Vacancy Announcement Social Media (5310.011 Twitter; 710 FB Followers) (XX/XX Impressions) 2/4 Council Vacancy (131/514) 2/4 Council Agenda (1447*/493) *retweeted by Rep. Engen 2/16 ReTweet to Anoka Co. Recycling Message (319/XXX) 2/22 City Hall Closure/Council Meeting to Zoom (119/722) Community Email List (214 email addresses) 2/16/23 Community Survey 2/21/23 Administrator’s Report CC Agenda Xcel Energy Press Release Re: Impending Snow Storm Business Email List (60 email addresses) 2/10/23 •Community Survey – 116 Surveys Completed in February North Metro TV Streaming, Cable TV No data for February at this time PlanningandZoningActionItemsTracker Updated3/14/23 ItemsforP&ZReview AnticipatedP&Z Item#TitleReviewDateNotes 20201OrdinanceReviewTemporaryMarch'23PublicConsiderLanaguagetoallowforTemporaryStaysinRVsonResidential DwellingsandStructuresHearingProperty 20203NoParkingAreasReviewMarch'23PublicReviewcurrentnoparkingareasforchanges.Consensuswastoleave Hearingovernightparkingrulesinplace. 20222OrdinanceReviewDischargeofAugust2023ReviewproposedrevisionsandreevaluatepassingontoCouncil. Firearms 20224OrdinanceReviewAccessoryQ1/Q22023ConsiderchangestocodetoallowAccessoryStructuresinsideyards;better Structuresdefineyards 20227OrdinanceReviewCannabisQ1/Q22023MoratoriumonSalesimposedbyCityCouncilon08/24/221yrlimit. IntroductoryinfopresentedinJan'23,furtherworktocome 20228Population5000Q32023CityCouncilisawaitingEDA'sreportondowntownviabilitypriortoengaging inPopulation5,000debate. 20229OrdinanceReviewMedicalFacilitiesQ22023MoratoriumonMedicalFacilitiesimposedbyCCinFall20221yr.limit. Staffwillbringstudyinfoforward RecommendationsSenttoCityCouncil AnticipatedCouncil Item#TitleActionDateNotes 20202OutdoorStorageonResidentialLotsFebruary2023Staffispreparingfinallanguageandapubliceducationstrategy.Anticipate CCactionandrolloutinQ12023 20223OrdinanceChangeEmeraldAshBorerFebruary2023CCheld"firstreading"on9/28/22.Secondreading10/12,butCCtabledfor (Nuisance)revisionsrelatedtodefinitionsandenforcementprotocols. IssuesRecentlyResolvedatCityCouncil Item#TitleDateResolvedNotes