HomeMy WebLinkAbout07.25.23
CITY OF ST. JOSEPH
www.cityofstjoseph.com
75 Callaway Street East | Saint Joseph, Minnesota 56374
Email: cityoffices@cityofstjoseph.com | Phone: 320.363.7201 | Fax 320.363.0342
St. Joseph City Council Work Session
July 25, 2023
5:00 PM
1. Pay Equity Implementation Update
2. 2024 Dues/Memberships Review
3. Cannabinoid Draft Ordinance
4. Use of City Parks
5. Food Trucks in City Limits
6. Kayak Lease Agreement
7. Xcel Energy Franchise Agreement
8. Adjourn
City of St. Joseph Memberships and Dues
Draft 2024 Budget
Actual Budgeted Budgeted Budgeted Budgeted
Memberships - Council 2021 2021 2022 2023 2024
St. Cloud APO 101-41110-433 6,361 6,353 6,552 7,848 8,000
League of MN Cities 101-41110-433 7,532 7,593 7,560 7,910 8,000
Coalition of Greater MN Cities 101-41110-433 12,404 12,324 12,440 12,254 12,500
CGMC Environmental Action Fund 101-41110-433 - - - - -
Initiative Foundation 101-41110-433 1,700 1,700 1,700 1,700 1,700
RSVP (City of St. Cloud)101-41110-433 6,000 6,000 5,780 6,680 6,538
Whitney Senior Center dues 101-41110-433 1,000 1,000 1,200 1,200 1,200
St. Joseph Chamber 101-41110-433 125 125 125 125 125
LMC Mayor's Assn 101-41110-433 30 30 30 30 30
Stearns County Municipal League 101-41110-433 - - - - 40
Granite Table 101-41110-433 - - - - 3,000
Greater St. Cloud Develop Corp 150-46500-433 5,000 5,000 5,000 5,000 5,000
40,152 40,125 40,387 42,747 46,133
Memberships - Administration League of MN Cities /MMUA- Safety 101-41430-212 159 325 325 150 150
MN Clerks & Finance Officers Assn 101-41430-433 45 45 45 50 50
Amazon Prime 101-41430-433 - 139 - 139 139
Resource Training and Solutions 101-41430-433 - - - 200 -
American Planning Association/APAMN 101-41910-433 451 372 336 540 540
American Institution of Certified Planners 101-41910-433 100 135 155 160 160
EDAM 150-46500-433 - 295 295 295 295
MN Recreation & Park Association 101-45204-433 - 100 300 300 300
ENR 101-41530-300 - 108 108 50 50
MN Gov't Finance Officer's Assn 101-41530-433 70 70 70 70 70
National Gov't Finance Officer's Asson 101-41530-433 170 170 170 170 170
995 1,759 1,804 2,124 1,924
Memberships - Police Dept League of MN Cities /MMUA- Safety 101-42120-212 129 325 325 150 150
League of MN Cities Patrol Subscription 101-42120-433 990 900 990 1,180 1,180
MN Juvenile Officers Assn 101-42120-433 - 25 25 25 25
MN Chiefs of Police Assn 101-42120-433 305 278 305 305 305
CJDN BCA Access Fee 101-42120-433 150 - 150 150
Stearns County Chief's Assn 101-42120-433 - 50 50 50 50
Assn of MN Emergency Managers 101-42500-433 200 130 200 200 200
1,774 1,708 1,895 2,060 2,060
Memberships - Public Works CM Water Ed. Alliance (City of St. Cloud)651-49900-308 1,688 1,650 1,692 1,692 1,692
MN Municipal Utilities pk/st/wt/ww-433 496 496 510 530 530
League of MN Cities /MMUA- Safety pk/st/wt/ww-212 514 1,300 1,300 600 600
MN Rural Water Assn 601/602-49440/450-433 300 300 300 300 300
One Call Concept 601/602-49440/450-433 100 100 100 100 100
Rural Water/MMUA Drug/Alcohol Consortium 601/602-49440/450-433 248 250 250 250 250
American Waterworks Assn 601-49440-433 221 210 225 230 230
3,567 4,306 4,377 3,702 3,702
Memberships -Fire Dept League of MN Cities /MMUA- Safety 105-42240-212 129 325 325 150 150
MN Smoke-Eater 105-42240-433 20 20 20 20 20
Central MN Fire Aid Assn 105-42240-433 50 50 50 50 50
MN State Fire Chiefs Assn 105-42240-433 - 360 360 360 360
Lake Region Firefighters Assn 105-42240-433 40 40 40 40 40
MN State Fire Dept Assn 105-42240-433 290 290 290 290 290
MSFDA 105-42240-433 14 7 7 7 7
Emergency Services IAMRESPONDING 105-42240-433 - 50 50 50 50
Emergency Services ERRS 105-42240-433 - 660 660 660 660
MN Fire Service Certification Board 105-42240-433 120 150 150 290 290
663 1,952 1,952 1,917 1,917
City of St. Joseph Membership and Dues Proposed - 2024
Memberships proposed to continue in 2024 Purpose
General/Council Memberships
St. Cloud APO
Provides access to Federal Transportation funds. The City received funding for 2
corridor studies from the APO and federal funding for phase 2 of the CR2 Trail.
Assists with transportation planning.
League of MN Cities
Provides training, resource material, lobbying, routine reporting during the
legislative session, publish monthly magazine and bi-weekly bulletin. The City also
utilizes the insurances for general liability and workers' comp through the League
Insurance Trust.
Coalition of Greater MN Cities
Provides lobbying services, training, resource material, labor data bases to include
contract salaries and benefits. CGMC will be very involved in the LGA committees
that will review formula updates.
Initiative Foundation
The Initiative Foundation lists their mission as "to unlock the power of Central MN
people to build and sustain healthy communities." The City has utilized IF funding
for establishing the Farmer's Market and Healthy Community Partnership. They
have also provided a grant for the East Park design. The IF also assists with
Economic Development.
RSVP
Retired Senior Volunteer Program - This program is through the City of St. Cloud.
RSVP reimburses the volunteers for mileage when they work. Work can include
taking residents to appointments, to working at events. Annually the City of St.
Cloud sends a request to the City for funding.
Whitney Senior Center
The City of St. Cloud implemented a $50 annual membership charge for the
Whitney Senior Center. For St. Cloud residents, the city is subsidizing $40 of the
fee and offered the other cities to participate with their senior citizens. St. Joseph
agreed to subsidize up to $1,000 per year for the subsidy (25 residents). Funding
was increased to a maximum of 30 participants covering $40 of their membership
fees in 2022 and proposed in 2023.
St. Joseph Chamber Local networking and supporting the efforts of the local businesses.
LMC Mayor's Assn Provides training and networking for the Mayor through LMC.
Stearns County Municipal League
Stearns County municipalities and county officials review activity from the various
advisory boards in Stearns County.
Granite Table
Enrichin lives in Central Minnesota through intentional, collaborative, and equitable
action. Various stakeholders in the area collaborate on services to create
efficiencies and improvements in the processes.
Greater St. Cloud Development Corporation
The GSCDC works with area stakeholders to improve job opportunities, quality of
life, education, health & wellness, and business development in the Greater St.
Cloud area.
Memberships proposed to continue in 2024
Administration Memberships Purpose
MN Clerks & Finance Officers Assn
Provides training and networking opportunities for the City Clerk and finance staff.
Professional organization.
MN American Planning Assn
Provides training and networking opportunities for the planning staff. Professional
organization.
American Institute of Certified Planners
Provides training and networking opportunities for the planning staff. This
membership is national where ideas are shared in the profession. Professional
organization.
Economic Development Assn Minnesota
Provides training and networking opportunities for the economic development.
Professional organization.
MN Recreation & Park Association
Provides training and networking opportunities for parks and recreation.
Professional organization.
Engineer News Record Staff uses this membership to determine cost indexes for deferred assessments.
MN Gov't Finance Officer's Assn
Provides training and networking opportunities for the finance staff. Professional
organization.
Government Finance Officers Assn
Provides training for the finance staff. Also provides current updates on GASB
implementations. Professional organization.
Police Memberships Purpose
LMC Patrol Subscription Online training portal for patrol officers whose city is a member of LMC.
MN Juvenile Officers Assn
Provides training and resources for police officers working with youth in the
community.
MN Chiefs of Police Assn
The MN Chiefs of Police Association is a nonporfit, professional membership
organization whose mission is to enhance the quality of police leadership in MN.
The Association is recognized as the voice of police executives in MN and
represents its members on legislative, regulator and community issues related to
crime, public safety and law enforcement.
Stearns County Chief's Assn
Representation includes a supervisor level member from the various police
departments in Stearns County. Monthly meetings are conducted and include
mutual concern discussions.
Assn of MN Emergency Managers
AMEM is a professional organization of emergency managers dedicated to
advocating and advancing effective emergency management capabilities and
practices statewide. The AMEM vision is to be one voice advancing individual,
family and community preparedness.
Memberships proposed to continue in 2024
Public Works Memberships Purpose
CM Water Education Alliance
Joint City Partnership that provides education on water preservation and storm
water management. The funds help pay for marketing and the annual water
festival held at Millstream Park. All 6 area Cities belong to this organization and
pay the same fee. This membership is paid through the Storm Water utility and is
part of our Storm Water permit.
MN Municipal Utilities
The MMUA mission is to unify and serve as a common voice for municipal utilities
and to provide support needed to improve service to their customers and
community. This organization provides training and education opportunities to
members also. MMUA assists with regulatory implementation/education.
LMC/MMUA Safety
Through LMCIT, MMUA provides regional safety traning as required by OSHA. The
cities of St. Joseph, Sauk Rapids, Waite Park and Sartell are included in the Central
Region Safety Group.
MN Rural Water Assn
Professional organization that provides technical assistance for water and sewer.
In the past they have helped the City with a water leak and their dues covered the
fees. They also provide training and newsletters.
One Call Concept
The City is required to locate all underground utilities when someone digs near the
City lines. One Call Concept keeps the database and notifies us when someone
calls for a locate to dig.
MN Municipal Utilities Drug/Alcohol
Consortium
The City is required to have a drug testing program for staff that operate heavy
equipment. MN Municipal Utilities runs the drug testing program for the City and
we do not pay additional costs. The piece we are responsible for is arranging the
random drug testing. We are part of their pool and they inform the City who
should be tested and when.
American Waterworks Assn
Professional organization that provides education and license requirements for
water operators.
Fire Memberships Purpose
MN Smoke-Eater
Montly firefighter subscription. Originally each firefighter received a subscription
and it has since been reduced to one subscription that is received in the fire hall,
available to all members.
Central MN Fire Aid Assn
14 Neighboring fire departments meet 4 times per year to discuss possible cost
sharing opportunities for training and equipment. In this manner, the departments
ensure they meet periodically to discuss issues.
MN State Fire Chiefs Assn
Professional organization that provides for networking and training opportunities
for Fire Chiefs and command staff. The dues include memberships for 8 members.
Lake Region Firefighters Assn
Fire departments in the mutual aid area meet monthly to discuss ideas and training
opportunities. The dues also pay for limited training.
MN State Fire Dept Assn
Professional organization for the fire fighters. The Association provides training
opportunities and networking. MSFDA includes publications.
Emergency Services ERRS/IAMRESPONDING Fire call reporting system.
MN Fire Service Certification Board
Professional organization for the fire fighters. The certification board provides
recertification of hazmat and firefighter 1 qualifications.
A N N U A L
R E P O R T
2 0 2 2
R S V P
S E R V I N G
C E N T R A L M N
RSVP | ANNUAL REPORT 2022
OUR MISSION: To foster volunteer
engagement of adults 55+ to improve lives
and strengthen communities.
OUR GOAL: To promote positive and
healthy aging and meet critical community
needs with the help of AmeriCorps Seniors
RSVP volunteers.
OUR COMMITMENT: RSVP strives to
offer diverse and inclusive volunteer
opportunities that welcome and engage all
members age 55+ in our community.
SERVING BENTON, SHERBURNE, STEARNS AND WRIGHT COUNTIES
I n 2 0 2 2 , w e w e l c o m e d 1 9 9 n e w R S V P v o l u n t e e r s . T h i s i s u n p r e c e d e n t e d
g r o w t h f o r o u r p r o g r a m i n a s i n g l e y e a r . W e c o n t i n u e t o t a k e g r e a t
p r i d e i n s u p p o r t i n g a d u l t s a g e 5 5 + i n t e r e s t e d i n e n h a n c i n g o u r
c o m m u n i t i e s t h r o u g h v o l u n t e e r s e r v i c e .
W i t h t h e h e l p o f o u r f e d e r a l , s t a t e a n d l o c a l s u p p o r t , A m e r i C o r p s
S e n i o r s R S V P v o l u n t e e r s s e r v i n g C e n t r a l M i n n e s o t a p r o v i d e d a v a l u e o f
$2 .8 m i l l i o n b a c k t o o u r c o m m u n i t i e s .
W h i l e R S V P 's p r i o r i t y a r e a s i n c l u d e s t r e n g t h e n i n g f o o d s e c u r i t y e f f o r t s ,
s u p p o r t i n g K -1 2 a c a d e m i c e n g a g e m e n t , a n d p r o v i d i n g w e l l n e s s
o u t r e a c h a c r o s s o u r f o u r -c o u n t y s e r v i c e r e g i o n , w e k n o w o u r v o l u n t e e r
s e r v i c e i m p a c t r e a c h e s f a r b e y o n d m e e t i n g t h e s e c r i t i c a l c o m m u n i t y
n e e d s . I n o u r r e c e n t v o l u n t e e r s a t i s f a c t i o n s u r v e y , o u r m e m b e r s
i n d i c a t e d R S V P p r o v i d e s s o c i a l c o n n e c t i o n s , i m p r o v e s m e n t a l a n d
p h y s i c a l h e a l t h , a n d e n h a n c e s a s e n s e o f p u r p o s e a n d m e a n i n g .
W e a r e l o o k i n g f o r w a r d t o t h i s u p c o m i n g y e a r o f p r o s p e r i t y a s w e
c e l e b r a t e R S V P s e r v i n g C e n t r a l M N o v e r t h e l a s t 5 0 y e a r s !
Jennifer Wucherer
RSVP Director
Revenue:
The following 2024 revenue projections support AmeriCorps Seniors RSVP
operating in Benton, Sherburne, Stearns & Wright Counties.
Federal Corporation for National and Community Service (AmeriCorps) $ 196,312
Sponsor, City of St. Cloud $126,800
State of MN Board on Aging $ 58,894
Local Grants and/or Donations $ 20,000
Total Operating Revenue Projection $ 402,006
Expenses:
Program operating costs - Collaboration with community partners to support community issues and
needs. Recruitment of volunteers for on-going and one-time positions. Assess and match individual
interests and skills to service opportunities. Marketing and promotion of healthy aging and volunteer
engagement to improve the quality of life throughout Benton, Sherburne, Stearns and Wright Counties.
Management of grants. Materials and supplies in support of advancing the program, including utilities,
equipment, software, and public awareness.
Volunteer benefit costs - Volunteer mileage reimbursement, insurance costs for Volunteer Accident and
Liability coverage, volunteer recognition gifts and celebration, orientation , training, and support.
Program operating costs $ 503,712
Volunteer benefit costs $ 58,100
Total Program Costs $ 561,812
(2024 projected cost per 1,100 active volunteers is $ 510.74)
Local Government Support:
AmeriCorps Seniors RSVP depends on local government support to supplement Federal, State and
Sponsor funding and meet the Federal funding local match requirement.
Local government support required to meet budget and support match (program costs - operating revenue projection) $ 159,806
(2024 projected local government cost per 1,100 active volunteers is $145.28)
2024 RSVP Budget Request
City of St. Joseph
RSVP disbursement specific to the City of St. Joseph
$145.28 x 45 (projected number of 2024 City of St. Joseph residents supported by RSVP) $6,537.60
2024 Allocation requested from the City of St. Joseph $ 6,537.60
TO: Honorable Mayor Rick Schultz, City Council Members, David Murphy, City Administrator
and Lori Bartlett, Finance Director
FROM: Jennifer Wucherer, RSVP Director
DATE: June 30, 2023
REGARDING: RSVP BUDGET REQUEST FOR YEAR 2024
Enclosed is a written summary of the RSVP services in St. Joseph, the budget request to support RSVP in 2024
along with our 2022 Annual Report. With your help, RSVP, a program of AmeriCorps Seniors, continues to
promote positive and healthy aging while supporting critical human service needs in our region. I welcome the
opportunity to discuss this request and to share the impact RSVP has in St. Joseph with you and your City
Council.
In 2022, 40 active St. Joseph RSVP volunteers served a total of 3,476.25 hours providing a value of $104,113
back to the community (based on the national value of each volunteer hour). Your support to RSVP not only
has a positive return on investment, but it also provides immense impact to the wellbeing of Central Minnesota
by enhancing the lives of our older adult residents and those they serve. 2022 Highlights include:
RSVP’s human service organizational partners include 136 non-profits, licensed health care and government
entities within Benton, Sherburne, Stearns, and Wright Counties. In 20 22, we welcomed 199 new RSVP
seniors. This is unprecedented growth for our program in a single year. The volume of older adults joining
RSVP today is a testament to our society’s need for social connections, meaningful relationships, and sense
of purpose. Written comments from RSVP’s recent 50th Anniversary Generations of Service event attendees
described what they value most about this program:
“Social Engagement! Cannot express the importance this means to older adults. RSVP is an asset to our community.”
“The fellowship, the smiles, the friendliness, and the variety of opportunities...RSVP helped to open my life. I love the
unity of the volunteers that participate and work along with me.”
“RSVP improves the community by enhancing lives young and old. It brings generations together, which is increasingly
important during the rapid digital era.”
“The way RSVP meets a need on both sides of the relationship. Helping seniors find meaning in their golden years as
well as our community’s need for volunteers.”
Federal, state, and local taxpayer dollars support AmeriCorps Seniors RSVP volunteers to make our
communities a better place to live. RSVP fosters volunteer engagement for adults 55+ to improve lives and
strengthen communities. We rely on local government aid to maximize our federal funding to meet this
important mission. St. Joseph has been a dedicated funder and we thank you for the 2023 contribution of
$6,680. To continue operating this cost-effective program in St. Joseph, RSVP depends on your funding
support. Based on the service to your community, we are asking St. Joseph for $6,537 for 2024.
In Service,
Jennifer Wucherer
Jennifer Wucherer, RSVP Director
320-650-3119
Jennifer.wucherer@ci.stcloud.mn.us
2 0 2 2 R S V P
I M P A C T
Donated 2,741 hours Donated 2,741 hours tutoring and mentoringtutoring and mentoring
387 youth at 22 K-12 education sites.387 youth at 22 K-12 education sites.
Donated 12,634 hours within Donated 12,634 hours within companionshipcompanionship
programs and aging in placeprograms and aging in place services at 24 services at 24
sites supporting older adults.sites supporting older adults.
Donated 8,987 hours in Donated 8,987 hours in health and wellnesshealth and wellness
at 11 healthcare and wellness organizations.at 11 healthcare and wellness organizations.
RSVP | ANNUAL REPORT 2022
Donated 22,800 hours helping 19,826 individualsDonated 22,800 hours helping 19,826 individuals
access foodaccess food at 23 food distribution programs. at 23 food distribution programs.
971 Active Volunteers
95,007 Service Hours
136 Organizations Served
253
Volunteers
102
Volunteers
290
Volunteers
139
Volunteers
SERVING BENTON, SHERBURNE, STEARNS AND WRIGHT COUNTIES
2 0 2 2 R S V P
I M P A C T
RSVP | ANNUAL REPORT 2022
289 Volunteers completed the
2022 RSVP volunteer satisfaction survey:
Feel a sense of Feel a sense of meaning and purposemeaning and purpose
by being involved with RSVP.by being involved with RSVP.
Indicate volunteering helps toIndicate volunteering helps to improve improve
mental health.mental health.
Agree that RSVP helps them feelAgree that RSVP helps them feel
socially connected socially connected to others.to others.
Say that volunteering keeps themSay that volunteering keeps them
physically active.physically active.
SERVING BENTON, SHERBURNE, STEARNS AND WRIGHT COUNTIES
2 0 2 2 R S V P
I M P A C T
Happinessin Action
RSVP Signature Programs
52 Volunteers enhanced literacy, academic
engagement, and intergenerational
connections by reading to pre-school
through 5th grade students.
RSVP | ANNUAL REPORT 2022
19 Volunteers hand-made 900+ hats, mittens,
scarves, and blankets to help provide warmth
and comfort to area schools and nonprofit
organizations.
SERVING BENTON, SHERBURNE, STEARNS AND WRIGHT COUNTIES
21 Volunteers trained through CentraCare's
Bounce Back Program to promote health
through happiness. Happiness in Action
volunteers lead meaningful conversations
and service projects for groups throughout
the region.
W
A
R
M
F
U
Z
Z
i
e
S
T H E R S V P
T E A M
P a r t -T i m e S t a f f
L e f t t o r i g h t :
P a r t -T i m e S t a f f
L e f t t o r i g h t :
F u l l -T i m e S t a f f
L e f t t o r i g h t :
D e b b i e B a c k e s , O u t r e a c h /G r a n t s
C o o r d i n a t o r
T a u n a Q u i m b y , P r o g r a m C o o r d i n a t o r
S t e a r n s /B e n t o n C o u n t i e s
C a r o l e M c N a u g h t o n -C o m m e r s , P r o g r a m
C o o r d i n a t o r S h e r b u r n e /W r i g h t C o u n t i e s
J e n n i f e r W u c h e r e r , R S V P D i r e c t o r
L y n n B r a b e c
D i a n e C a s e y
J o l e e n C h r i s t i a n s e n
J u d i t h F e e n s t r a
M a r i l y n F i s c h e r
R o s y l n K i e k e
V O L U N T E E R S U P P O R T T E A M
K u d o s t o o u r d e d i c a t e d a n d i n v a l u a b l e i n t e r n a l v o l u n t e e r s !
SERVING BENTON, SHERBURNE, STEARNS AND WRIGHT COUNTIES RSVP | ANNUAL REPORT 2022
H o w a r d S y l v e s t e r
V i k k i W e i s s
N a n e t t e W i l e y
B e t t y W o l t e r m a n
B a r b Y o u n g
J e a n L i e s e r
K r i s P e t e r s o n
M a r l y s S a a r i
M a r y A n n S t e p h a n y
C h a r l o t t e S t r e i
Jacquie Willis, Special Projects Coordinator
Barb Young, Special Projects Coordinator
Maureen Hatlestad, Special Projects Assistant
Carla Laurent, Special Projects Assistant
Sara Grachek, Office Aide
Nora Ewers, Office Aide
Janice Wilson, Office Aide
2 0 2 2 R S V P
F I N A N C I A L S
Funding amounts in excess of 2022 expenses are held in Reserves. General recommendations are to maintain a reserve
balance equivalent to six months of operating expenses to ensure viability. We are grateful that with community support
we are able to build on the recommended reserve balance.
T O O U R
F U N D E R S
F O R T H E
G E N E R O U S
F I N A N C I A L
S U P P O R T !
T h a n k y o u !
$442,731 Administrative Support for volunteer recruitment, placement, ongoing
support, meeting community needs and volunteer station management. Community
relations, advocating for productive aging, public awareness, grant writing and
reporting, office supplies, equipment, rent, utilities and maintenance.
$60,892 Volunteer Support for funding of optional volunteer mileage reimbursement,
insurance, recognition, trainings, meals/refreshments and orientation.
Thanks to this financial support, 95,007 hours of volunteer
service were provided to our communities with an
equivalent value of over $2.8 million, based on the 2022
Independent Sector national value of each volunteer hour.
RSVP | ANNUAL REPORT 2022SERVING BENTON, SHERBURNE, STEARNS AND WRIGHT COUNTIES
EXPENSES
Special thank you to the City of St. Cloud,
sponsor of RSVP since 1973.
J e f f P r o e l l , S a u k R a p i d s R S V P V o l u n t e e r
(S e c r e t a r y )
J a n e t R e i g s t a d , S t . C l o u d R S V P V o l u n t e e r
M i c h e l l e R u t k a , C a t h o l i c C h a r i t i e s
E m e r g e n c y S e r v i c e s
B e t h S c h l a n g e n , B e n t o n C o u n t y H u m a n
S e r v i c e s B o a r d
L a l i t a S u b r a h m a n y a n , S t . C l o u d R S V P
V o l u n t e e r
T e r r y S y l v e s t e r , S a u k R a p i d s R S V P
V o l u n t e e r
J i m T i f t , W r i g h t C o u n t y R S V P V o l u n t e e r
N a n t h a V i s w a n a t h a n , D i s t r i c t 7 4 2
S t . C l o u d A r e a S c h o o l s
R S V P
R S V P
SERVING BENTON, SHERBURNE, STEARNS AND WRIGHT COUNTIES RSVP | ANNUAL REPORT 2022
R S V P A D V I S O R Y C O U N C I L
S p e c i a l t h a n k s t o t h e s e c u r r e n t c o u n c i l m e m b e r s a l o n g w i t h
T o m a n d B o n n i e S t a c h o w s k i f o r t h e m e e t i n g h o s p i t a l i t y !
L a u r i e A l l e n , S a r t e l l R S V P V o l u n t e e r
A l B a r t h , W a i t e P a r k R S V P V o l u n t e e r
K e l l y B e n i e k , C i t y o f S t . J o s e p h
A m y C h r i s t e n s e n , O p t i o n s , I n c . (C h a i r )
K e i s h a E r i c k s o n , S h e r b u r n e C o u n t y
R e p r e s e n t a t i v e
C a r o l y n G a r v e n , S t . C l o u d R S V P
V o l u n t e e r
S h a u n n a J o h n s o n , C i t y o f W a i t e P a r k
J o n K n o p i k , S t . C l o u d R S V P V o l u n t e e r
L e e M e y e r , S t . C l o u d R S V P V o l u n t e e r
(V i c e C h a i r )
K r i s P e t e r s o n , S t . J o s e p h R S V P
V o l u n t e e r
J e f f P r o e l l , S a u k R a p i d s R S V P V o l u n t e e r
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J a n e t R e i g s t a d , S t . C l o u d R S V P V o l u n t e e r
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JUN 2 0 2023
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June 12,2023
ifound.orgThereseHaffner, City Administrator
City of Saint Joseph
75 Callaway St E
Saint Joseph, MN 56374
Dear Mayor Schultz,City Council and Mr. Haffner,
For 37 years,the Initiative Foundation has focused on building strong local economies,vibrant communities,and a
lasting culture oT generosity in Centrai tvlinnesota.Our grantmaking, iending,and programmatic activities suppor t
for-profit and nonprofit business growth, empower new entrepreneurs,address workforce shortages,and increase
access to quality childcare for the region's workforce.
In Stearns County,the Initiative Foundation has provided a total of$17,130,400 in grants to support nonprofit
organizations and local government projects,as well as$15,010,065 in business loans to secure 2,913 quality jobs.
The Foundation's community and economic development services continue to provide essential resources for local
cities,and across Central Minnesota.
To further our economic and community development efforts and multiply the impact of our work,we also seek
funding from sources outside the region.These external funds are combined with our own resources and put to
work across Central Minnesota. In 2022 the Foundation secured and then invested into Central Minnesota more
than$1.4 million from outside sources to support businesses, nonprofits,childcare providers,and local
communities.The Foundation continued to partner with local leaders and state agencies to address ongoing issues,
working with the Department of Employment and Economic Development to revitalize economic corridors and
support small businesses,and with the Department of Education to explore solutions and implement strategies that
create quality,affordable childcare.
Financial contributions from cities and counties greatly increase our capacity to support these economic and
community development projects.Your support also positions us to seek,secure,and leverage additional resources
from outside Central Minnesota,generating a substantial return on your investment in us. For every dollar we raise
locally,we have reinvested an average of$4.24 back to the communities we serve in the form of grants, loans,and
scholarships.Turning every local dollar donated into more than four dollars for our communities—that's a return on
investment to be proud of,and we would be honored by renewal of your support in 2024.
We respec tfuily request that you consider aiiocating$1,700 to the Initiative Foundation in your 2024 budget.
Please contact us if you have any questions or to request a presentation.We sincerely appreciate your past
investment and look forward to your continued support in 2024.We can present in person or facilitate an online
option. If possible,after your budget for 2024 is finalized, please let us know your decision by signing and returning
the enclosed confirmation form.Thank you for your consideration!
All the best,
1
Matt Varilek Carl Newbanks
President Director of Development
The Initiative Foundation is a 501(c)(3)nonprofit organization.All contributions to the Foundation are tax-deductible to the extent allowed by law.The
Foundation owns and manages all financial contributions for the benefit of communities served in the 14-county region of Central Minnesota.
Paweriny Passibls E. ., _... t ._., r a .,. .,,,
a •r
Initiative
FOUNDATION
Initiative Foundation at work in
STEARNS COU NTY
9. 2 MILLIt' N
in local donations to the Initiative Foundation.
returned to Stearns County ip grants.loans,and scholarships.
OurMission:Return on InvestmentToempowerpeople
throughout Central For every local dollar contributed,the Initiative
Minnesota to build a Foundation has invested$3.67 back into Stearns
thriving economy, vibrant County.
communities and a lasting
culture of generosity.
405 First Street SE Economic Impact
Little Falls, MN 56345 1986 to present]
877)632-9255
ifound.org
Delivered 2,490 grants totaling $17 million
Awarded 142 scholarships totaling $220,000
Partnered on 223 loans totaling $15 ml«iOn
Created or retained 2,913 quality jobs
Leveraged$108 million in outside capital
Power)ng Possible
Hosted 14 Partner Funds
Equa,oppore.niey IPnder.provider Und o-ployer
T
S T E A R N S C O U N T Y n estment H;9h;9hts
For a ful(listing of Initiatiue Foundation inuestments in Stearns County, contact us at(877)632-9255.
Grants Thriving Economy,Thriving Communities
Anna Marie's Alliance General Operations Special Request
St.Cloud State University Foundation,Inc. MLK Jr.Community Celebration Sponsorship
United Way of Centrat Minnesota EPIC Coordinator Support Grant
Friends of Career Solutions Worker Insight Survey
Veteran Resourse&Enrichment Center Economic Recovery
Catholic Charities Financial Literacy Education
Pioneer Place on 5th' Infrastructure Updates
Snap Fitness Cold Spring' Infastructure Updates
Indicates Minnesota Main Street Economic Revitilization Program grant administered bythe Initiative Foundation.
Business Financing Local Qwnership. Quality Jobs
Holdingford Hardware Service
Senor Elote Y Mas,Melrose Service
Savanna Prairie.Inc.,Kimball Service
Arroy.St.Cloud Service
Charitable Funds Activating Generosity
Albany Area Education Foundation I Big Fish Lake Association Emergency Fund I Black Oak Getty Community Foundation I Bruce and Diane Gohman Fund I
Central Minnesota Builder's Association Fund fr Initiative I Conservancy Fund of Big Fish Lake I EAA Chapter 551 Fund I Edeburn Family Fund I Granite Partners
Fund I Holdingford Scholarship Endowment I Patrick and Jane Mitchelt Family Fund I Childcare&Early Childhood Education fund I ILT Endowment Fund I
Stephens and Olson Family Fund
Nonprofit Assistance Helping Organizations Thrive
Anna Marie's Alliance Grantwriting Training
Big Brothers Big Sisters of Centrat Minnesota Building Relationships With Local Media
Ellison Center Fundraising School
Junior Achievement of the Upper Midwest Fundraining Training
uiet Oaks Hospice House Fundraining Training
Community Aetion The Power of Partnership
Local entrepreneurs have come together Additional plans call for a restaurant,coffee Initiative Foundation loans in Stearns County
to create an events center along Roosevelt shop and space for retail and professional support Jules'Bistro in St.Cloud,Holdingford
Road in south St.Cloud.The first phase of the services.The project was supported by an Hardware,and Savanna Prairie Assisted Living
Capital Event Center opened in June 2022.Initiative Foundation loan Other recent in Kimball.
614 3
STAFF MEMO
Prepared by:
David Murphy
Meeting Date:
7/25/2023
☐ Consent Agenda Item
☐ Regular Agenda Item
Agenda Item #
3
Reviewed by:
Item:
Cannabinoid Draft Ordinance
ACTION REQUESTED
Discussion and direction regarding preparation of Ordinance 614 Cannabinoid Products.
REFERENCE AND BACKGROUND
The City currently is under a moratorium on the sale of hemp derived THC food and beverages
(edibles) until September 18th. Late last year a draft ordinance was prepared to regulate the
terms and conditions under which edibles could be sold in the City.
Subsequently, new legislation was passed allowing for cannabis sales and regulating the use of
cannabinoids. The new legislation enveloped the previous “edible” legislation and renamed
those products “low potency hemp”. It appears that cities will be able to continue a moratorium
on low potency hemp until the new Office of Cannabis Management (OCM) is operational. OCM
is anticipated to be up and running January of 2025.
Low potency hemp will continue to be licensed by cities until the OCM begins issuing licenses.
Once OCM begins issuing licenses, cities will likely be preempted from continuing to issue their
own licenses.
It appears that cities will not be able to prohibit sales of cannabinoids within their jurisdictions,
but may only limit the number retailers and locations of retailers.
City staff would like direction from the Council in two areas. First, does the Council wish to
extend the moratorium on low potency hemp beyond the current expiration date. Second,
provide feedback on draft Ordinance 614 regulating cannabinoid products.
BUDGET IMPACT
Unknown at this time.
STAFF RECOMMENDED ACTION
Discussion and direction for potential action at a future City Council Meeting.
SUPPORTING DATA/ATTACHMENTS
Draft Ordinance 614
LMC FAQ packet regarding Adult-Use Cannabis
City Attorney Memo dated July 14, 2023
Planning Commission meeting minutes on the topic
CHAPTER VI GENERAL REGULATIONS
614-0
ORDINANCE 614 CANNABINOID PRODUCTS
Section 614.01: PURPOSE ............................................................................................. 614-1
Section 614.02: FINDINGS OF THE CITY COUNCIL ................................................ 614-1
Section 614.03: DEFINITIONS...................................................................................... 614-1
Section 614.04: SALES OF CANNIBINOIDS DERIVED FROM HEMP ................... 613-3
Section 614.05: PROHIBITED SALES ......................................................................... 613-3
Section 614.06: LICENSE REQUIRED ......................................................................... 613-3
Section 614.07: PROCUREMENT OF LICENSE ......................................................... 613-3
Section 614.08: BASIS FOR DENIAL OF LICENSE. .................................................. 613-4
Section 614.09: TESTING REQUIREMENTS .............................................................. 613-5
Section 614.10: LABELING REQUIREMENTS........................................................... 613-5
Section 614.11: ADDITIONAL REQUIREMENTS FOR EDIBLE CANNABINOID
PRODUCTS ..................................................................................................................... 613-5
Section 614.12: PROHIBITED SALES ......................................................................... 613-6
Section 614.13: ADULTERATED OR MISBRANDED PRODUCTS ......................... 613-6
Section 614.14: SIGNAGE ............................................................................................. 613-6
Section 614.15: AGE VERIFICATION ......................................................................... 613-6
Section 614.16: RESPONSIBILITY .............................................................................. 613-7
Section 614.17: HOURS OF SALES.............................................................................. 613-7
Section 614.18: COMPLIANCE CHECKS AND INSPECTIONS ............................... 614-7
Section 614.19: CIVIL PENALTIES, SUSPENSIONS OR REVOCATION OF LICENSES
.......................................................................................................................................... 614-7
Section 614.20: PENALTIES FOR VIOLATIONS ....................................................... 614-7
CHAPTER VI GENERAL REGULATIONS
614-1
ORDINANCE 614 CANNABINOID PRODUCTS
Section 614.01: PURPOSE. The purpose of this ordinance is to establish licensing
regulations for the sale of cannabinoid products derived from hemp as provided in Minn. Stat. §
151.72.
Section 614.02: 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:
1) The Minnesota Legislature enacted new legislation during the 2022 Legislative
Session, amending Chapter 98, Article 13. The amendments included changes to
Minn. Stat. § 151.72 that allow for the sale of certain previously prohibited
cannabinoid products.
2) Under the new legislation, the City of St. Joseph retains authority to regulate
licensing and the sale of these cannabinoid products within its jurisdictional
boundaries.
3) The City Council’s mandate to ensure and protect public health, safety, and
general welfare of the residents of St. Joseph recommends the enactment of
rules, regulations, and standards for the newly legal cannabinoid products.
Section 614.03: DEFINITIONS.
Subd. 1. Cannabinoid product. Any product containing cannabinoids extracted
from hemp, including an edible cannabinoid product that is sold for human or animal
consumption which is subject to Minn. Stat § 151.72, as may be amended.
Subd. 2. Certified hemp. The definition for the same provided in Minn. Stat. §
151.72, Subd. 1(b), as may be amended.
Subd. 3. Compliance checks. The system the City uses to investigate and ensure
that those authorized to sell cannabinoid products are following and complying with the
requirements of state laws and this ordinance. Compliance checks involve the use of
persons under the age of 21 who purchase or attempt to purchase cannabinoid products.
Compliance checks may also be conducted by the City or other units of government for
educational, research, and training purposes or for investigating or enforcing federal,
state, or local laws and regulations relating to cannabinoid products.
Subd. 4. Delivery sale. The sale of any cannabinoid products conducted by any
means other than an in-person, over-the-counter sales transaction in a licensed retail
CHAPTER VI GENERAL REGULATIONS
614-2
establishment. Delivery sale includes, but is not limited to, sales conducted by:
telephone or other voice transmission; mail or other written submission; website, mobile
device application software, the internet; and/or door-to-door delivery service. Delivery
sale includes delivery by licensees or third parties by any means, including curbside
pick-up.
Subd. 5. Edible cannabinoid product. 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.
Subd. 6. “Hemp” or “Industrial Hemp” means the definition for the same
provided in Minn. Stat. § 18K.02, Subd. 3, as may be amended.
Subd. 7. Label. The definition for the same provided in Minn. Stat. § 151.01,
Subd. 18, as may be amended.
Subd. 8. Labeling. The definition for the same provided in Minn. Stat. § 151.01,
Subd. 20, as may be amended.
Subd. 9. Matrix barcode. The definition for the same provided in Minn. Stat. §
151.72, Subd. 1(g), as may be amended.
Subd. 10. Moveable place of business. Any form of business that is operated out
of a movable structure, including but not limited to: kiosks, tents, canopies, booths, pop-
up stands, shipping containers, temporary shelters of any kind, trucks, vans,
automobiles, trailers, wagons, and/or vehicles of any kind.
Subd. 11. Nonintoxicating cannabinoid. Substances extracted from certified
hemp plants that do not produce intoxicating effects when consumed by any route of
administration.
Subd. 12. Operator. 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.
Subd. 13. Retail establishment. A fixed place of business where cannabinoid
products are available for sale to the general public. A Retail establishment for the
purposes of this ordinance does not include exclusive liquor stores, residential homes,
bars or restaurants. Subd. 14. Sale. Any transfer of goods for money, trade, barter or other consideration.
Subd. 15. Self-service vending. The sale of cannabinoid products that are
accessible to the public without the need of assistance of an employee.
Subd. 16. Vending machine. Any mechanical, electrical or electronic, or other
CHAPTER VI GENERAL REGULATIONS
614-3
type of device that dispenses cannabinoid products upon the insertion of money, tokens,
or other form of payment into or onto the device by the person seeking to purchase
cannabinoid products.
Section 614.04: SALES OF CANNABINOIDS DERIVED FROM HEMP. In
accordance with Minn. Stat. § 151.72, Subd.3, as may be amended:
Subd. 1. 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, and such product does not contain more
tetrahydrocannabinol than permitted under state law.
Subd. 2. 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.
Subd. 3. 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.
Subd. 4. Products that meet the requirements of this section are not controlled
substances under Minn. Stat.§ 152.02.
Section 614.05: PROHIBITED SALES. It shall be unlawful for any person to sell,
transfer or otherwise distribute any cannabinoid products within the City:
a. Unless the sale is transacted by a person who holds, or is employed by a person
who holds, a current retail cannabinoid product license;
b. Unless the sale is transacted in-person, at a retail establishment;
c. If the sale involves any vending machine or self-service vending;
d. If the sale involves a delivery sale;
e. If the sale involves adulterated or misbranded cannabinoid products; and
f. If the sale violates any law, order, ordinance, regulation, or statute
Section 614.06: LICENSE REQUIRED. It will be unlawful for any person to sell at
retail any cannabinoid products derived from hemp within the City without first having
obtained a license to do so from the City.
Section 614.07: PROCUREMENT OF LICENSE.
Subd. 1. An application for a license to sell or otherwise distribute 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
CHAPTER VI GENERAL REGULATIONS
614-4
telephone numbers, the name of the business for which the license is sought, and any
additional information the City deems necessary. A business entity applicant shall
provide a list of all persons that have an interest of 5% or more in the business. If the
City Clerk determines that an application is incomplete, it shall be returned to the
applicant with notice of the information necessary to make the application complete.
Subd. 2. The City Clerk will transmit a copy of the application to the Chief of
Police, who will investigate all facts and information bearing upon the question of the
applicant's fitness to receive the license. Upon completing the investigation, the Chief of
Police will report findings to the City, together with recommendation as to the issuance
or denial of a license to the applicant.
Subd. 3. The report and recommendations of the Chief of Police shall be
considered and acted upon by the City Council, who may approve or deny the
application. If the City Council approves an application, the City Clerk shall execute and
deliver the license to the applicant. Each license shall be issued for a period of one year
except that if the application is made during the license year, the license may be issued
for the remainder of the year for a pro-rated fee, with any unexpired fraction of a month
being counted as one month. Every license shall expire on December 31. A license
issued under this ordinance is a privilege and does not entitle the license holder to
automatic renewal of the license. If the application is denied, the earliest an applicant
may reapply is 12 months from the date the license is denied. Section 614.08: BASIS FOR DENIAL OF LICENSE.
Subd. 1. Grounds for denying the issuance or renewal of a license include, but
are not limited to, the following:
(1) The applicant is under 21 years of age.
(2) The applicant has been convicted within the past five years of any violation of
federal, state, or local law, ordinance provision, or other regulation relating to
cannabinoids products.
(3) The applicant has had a license to sell cannabinoid products suspended or
revoked within the preceding 12 months of the date of application.
(4) The applicant fails to provide any of the information required on the licensing
application, or provides false or misleading information.
(5) The applicant is prohibited by federal, state, or other local law, ordinance, or
other regulation from holding a license.
(6) The physical location from which the applicant seeks a license to sell
cannabinoid products is not a retail establishment as defined in this ordinance.
(7) The applicant is a business that does not have an operating officer or manager
CHAPTER VI GENERAL REGULATIONS
614-5
who is eligible pursuant to the provisions of this ordinance.
(8) The applicant is the spouse of a person ineligible for a license pursuant to the
provisions of Subsections (2) or (5) of this section or who, in the judgment of
the Council, is not the real party in interest or beneficial owner of the business
to be operated under the license.
(9) No license shall be granted or renewed for operation on any premises on which
real estate taxes, assessments or other financial claims of the City are due,
delinquent or unpaid.
Subd. 2. Transient businesses prohibited. No license will be granted for any form of
transient business. A transient business means:
A. Any movable place of business;
B. Any business conducted from a permanent structure for a period of less than
6 consecutive months in a year.
Subd. 3. Location Ineligible. No license will be approved unless the premises
proposed to be licensed complies with all applicable zoning ordinances.
Subd. 4. Mistakenly Issued License. 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.
Subd. 5. Transfer. No license may be transferred without prior notice and
approval by the City Council following a background investigation of the proposed
transferee. Transfers of a controlling interest in a business entity licensee shall also
require notice, approval and a background check.
Section 614.09: TESTING REQUIREMENTS. All testing must comply with the
requirements set forth in Minn. Stat. § 151.72, Subd. 4, as may be amended.
Section 614.10: LABELING REQUIREMENTS. All labeling must comply with the
requirements set forth in Minn. Stat. § 151.72, Subd. 5, as may be amended.
Section 614.11: ADDITIONAL REQUIREMENTS FOR EDIBLE CANNABINOID
PRODUCTS. In accordance with Minn. Stat. § 151.72, Subd. 5a, as may be amended:
Subd. 1. 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;
CHAPTER VI GENERAL REGULATIONS
614-6
(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.
Subd. 2. 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 tetrahydrocannabinol than permitted under state law.
Subd. 3. 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.
Subd. 4. 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.”
Subd. 5. An edible cannabinoid product must not contain more
tetrahydrocannabinol in a single serving than allowed by state law. Edible cannabinoid
products must not contain more tetrahydrocannabinol per package than allowed by state.
Law.
Section 614.12: PROHIBITED DISTRIBUTION PRACTICES
Subd. 1. Samples Prohibited. No person shall distribute samples of any
cannabinoid product free of charge or at a nominal cost. No person shall distribute
cannabinoid products as a free donation.
Subd. 2. 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
CHAPTER VI GENERAL REGULATIONS
614-7
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.
Subd. 3. 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.
Section 614.13: 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.
Section 614.14: 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.
Section 614.15: 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.
Section 614.16: RESPONSIBILITY. All licensees are responsible for the actions of
their employees regarding the sale, offer to sell, and furnishing of cannabinoid products on
the licensed premises. The sale, offer to sell, or furnishing of any cannabinoid product by an
employee shall be considered an act of the licensee.
Section 614.17: HOURS OF SALES. No sales of cannabinoid products will be
allowed at the licensed premises after 10:00 p.m. and before 8:00 a.m. daily.
Section 614.18: COMPLIANCE CHECKS AND INSPECTIONS. All licensed
premises must be open to inspections by law enforcement or other authorized city officials
during regular business hours, for compliance with this Ordinance and such other
Ordinances, rules, regulations, and laws relevant to the sale of cannabinoid products.
Section 614.19: CIVIL PENALTY, SUSPENSION OR REVOCATION OF
LICENSES.
Subd. 1. The City Council will follow the provisions of this section of the
ordinance on the suspension, revocation or imposition of a civil penalty against any
license granted under this ordinance.
Subd. 2. Notice of Violation. The Chief of Police will provide, in writing, to
the licensee either personally or by mail, notice of any alleged violation of the
provisions of this ordinance or Minnesota Statutes Chapter 151, committed in the
operation of the licensee's business and provide notice to the City Council. If the City
CHAPTER VI GENERAL REGULATIONS
614-8
Council determines from the facts and circumstances reported, together with any other
facts and circumstances known to it, that the violation may warrant a civil penalty,
suspension or revocation of the license held by the licensee, it will notify the licensee,
and set a time and place for a hearing sufficiently in advance to provide ten days
written notice of the time, place and purpose of such hearing to the licensee.
Subd. 3. Hearing on Alleged Violations. At the time of the hearing, the licensee
may appear and present any evidence which is material to the investigation. The City
Council will make and adopt findings of fact as to whether a violation of the
provisions of this ordinance or Minnesota Statutes Chapter 151 have been committed
in the operation of the licensee's business and whether the violation was willful in
nature. If the licensee has violated any of the provisions of this ordinance or State law,
the City Council may impose a civil fine, suspend or revoke the license.
Subd. 4. Mandatory Revocation. The Council will revoke the license or
licenses of any licensee under this ordinance if the licensee willfully violates any
provisions of this ordinance or Minnesota Statutes Chapter 151.
Section 614.20: PENALTIES FOR VIOLATIONS. Upon a violation by a licensee
holding a cannabinoid products license of any provision of this ordinance or any provision of
state law regulating the sale of cannabinoid products, or failing to comply with other
statutory requirements of Minn. Stat. § 151.72, the City Council may impose a civil fine,
suspend or revoke the license in accordance with the City Fee schedule.
Subd. 1. Any civil fine assessed against a licensee pursuant to this section must
be paid in full within 30 days from receipt of written notification of the City Council’s
imposition of the civil fine. Failure to pay the fine within that time period will result in
a ten-day license suspension. Licensees whose licenses have been revoked may not be
issued a new license within six months from the effective date of such revocation.
a.
LMCMINNESOTA
CITIES
Ad u It- Use Ca n na bis: What Cities
N eed to Kn ow
Published:June 12,2023
A new law enacted at the end of the 20231egislative session legalizes adult-use cannabis in
Minnesota and establishes a regulatory framework over the cannabis industry.Since the
enactment of the law,the League of Minnesota Cities has been researching and collecting
information from state agencies and stakeholders to answer questions pertaining to local
regulatory authority,law enforcement,taxing,and employment.
Read the full bill
The following frequently asked questions(FAQs)aim to provide information to cities about the
new law to assist local governments in making decisions related to the law.The League will
continually update this information as necessary.
G et a n swe rs to FAQs reg a rd i n g t h e n ew
law on adult-use cannabis
General information
Ql.What does the new law do?
Q2.How much cannabis can a person leg lly_ossess?
3.Are cannabis roducts le al under federal regulations?
Q4.Can a nerson gr w their own cannabis?
Q5.Does the Clean Indoor Air Act ag ly to cannabis r
Q6.What types of licenses will the OCM issue?
27. Can cannabis start to be sold now?
8. Under the new law,where can adult-use cannabis be sold?
Q9. Could my ri y's munici al li uor store sell adult-use cannabis?
10.Can my have a municigal cannabis retail store?
Taxation and revenue
Qll.How will these new nroducts be taxed?
212. Can our city impose its own cannabis tax?
Q13.Do sales taxes agkly
Z14.Who receives taxes collected from the sale of cannabis groducts?
Q15.What is considered a"taxable cannabis groduct retailer?"
Z16.How much revenue will cities receive from the local government cannabis aid fund?
17 When will cities receive revenue from the local government cannabis aid account
Enforcement and public safety
Q18.How is the new law enforced?
19 What are enalties for someone selling edible cannabis roducts that do not meet the
state's reauirements?
Q20. Can a person still be charged with gossession of cannabis Froducts?
221.Can a person still be charged with sale of cannabis r
222.Can a person be charged with a crime for culdvadng cannabis?
Q23. Can a gerson be charged with a crime for using annabis in public?
Q24.How do our officers determine if a driver is under the influence of adult-use cannabis?
25.Is it a crime to use cannabis roducts while operating a motor vehicle?
26.Is it a crime to nossess cannabis products in a motor vehicle?
Q27. Could cities nrohibit the sale of adult-use cannabis entirelv
Z28.Is our city uired to adop ggulations under the new law?
Q29.Are grior convictions for cannabis use e gunged and what is the citds role in that grocess?
City regulation
Q30. Can the city gquire sellers to have a city-issued license?
Q31.When is our city r uired to issue retail registration to a cannabis retail business?
Q32.Can a retail registration issued bv ou citvl e transferred?
233.Isour citv required to conduct comgliance checks on businesses with a cannabis retail
registration?
Z34.Can our citv charge a fee for a cannabis retail registration?
35.Can m,y j.t,y limit the number of cannabis retailer licenses issued in our ci,yi
Q36.How does this imgact my.y's existing license for THC r
Q37.Which state agency_is charged with regulating edible cannabinoid px_oducts until the OCM
egins licensing cannabis r c
38.What changes have been made to the edible cannabinoid law adopted in 2022?
Q39.Can edible cannabinoid groducts be sold for on-site consumgtion?
40.Will I be able to nrohibit cannabis events in my i
Q41. How does this impactmv ci 's existing THC license program?
Q42.How does the new law imgact my ci s existing THC moratorium?
43 Can the citv's zoning regulation restrict where a business can ogerate
44. Can cities adopt a moratorium prohibiting e sale,manufacturing, or distribution of
adult-use cannabis to studv the issue?
Q45:What if my has complaints about a licensed cannabis business?
46: Can a city a liauor license if thev find that the business is selling cannabis or low-
botency_hemRnroducts without a license?
Q47. Can a city suspend or revoke a tobacco license if they find that they are selling cannabis or
low-gotency_hemp groducts without a license?
City employment and personnel issues
248.Does the new law allowing adult-use cannabis chang an ing about how we do drug
testing for CDL holders?
Q49.Does the new law change an i g related to emp ees who carry a firearm?
Z50.Besides gositions requiring a CDL or carr,ying a firearm,are there any other i ' n
which axe not affected by the new law?
251. Can we still rohibit emnlovees from being under the influence of cannabis while at
work?Does the League have a model policv with updated language?
Q52.If an em l y i in'ured while being under the influence of cannabis at work,are they_
still entitled to workers'compensation benefits?
53.Can emglov in nossession of edibles or other cannabis groducts while at work?
Q54.Do we need to chang an ing our collective barg 'aining greement(BA)r garding
cigline of employees who use cannabis products?
Q55. Can em lovees use cannabis groducts off-dutvi
Q 56.How does this impact the requirements of the Drug-Free Workglace Act?
257.Should my city continue to include cannabis as a pre-employmen panel screen for my_
non-DOT/safetv-sensitive em l oyees?
General information
Ql. What does the new law do?
Al.The new law legalizes the possession,use,manufacturing,and sale of certain cannabis
products within the state.It establishes the Office of Cannabis Management(OCM),which is
charged with,among other things,enforcing an organized system of regulation for the
cannabis industry and the hemp consumer industry.The law also:
Establishes labor standards for the use of cannabis and hemp products by employees and
testing of employees.
Establishes expungement procedures for certain individuals previously convicted of a crime
related to cannabis.
Possession,use, and home growth under this new law will be legal beginning Aug. 1, 2023,and
legal sales are expected to begin in January of 2025.Various other effective dates are noted
throughout these FAQs as they apply.
Access the Office of Cannabis Management's website
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Q2. How much cannabis can a person legally possess?
A2.This law allows a person of 21 years of age or older to:
Use,possess,or transport cannabis paraphernalia.
Possess 2 ounces or less of cannabis flower in a public place.
Possess 2 pounds or less of cannabis flower in a person's residence.
Possess or transport 8 grams or less of adult-use cannabis concentrate.
Possess or transport edible products infused with a total of 800 milligrams or less of
tetrahydrocannabinol.
Give away cannabis flower and products in an amount that is legal for a person to possess in
public.
The law authorizes an individual to use adult-use cannabis flower and adult-use cannabis
products:
In a private residence including the individual's curtilage or yard.
On private property,unless the owner of the property prohibits the use of the products.
On the premises of an establishment or event licensed to permit on-site consumption.
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Q3. Are cannabis products legal under federal regulations?
A3.Marijuana remains a Schedule I drug under federal law,meaning it is illegal,with limited
exceptions,to grow,process,sell or possess marijuana from a federal standpoint.
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Q4. Can a person grow their own cannabis?
A4.The law authorizes a person to cultivate up to eight cannabis plants,of which four or fewer
may be mature,flowering plants provided that it is in an enclosed,locked space that is not
open to public view
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Q5. Does the Clean Indoor Air Act apply to cannabis products?
A5.A person may not use cannabis flower, cannabis products,or hemp-derived consumer
products in a manner that involves the inhalation of smokes,aerosol,or vapor at any location
where smoking is prohibited under the Clean Indoor Air Act.
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Q6. What types of licenses will the OCM issue?
A6.The OCM will issue the following types of licenses:
Cannabis microbusiness.
Cannabis mezzobusiness.
Cannabis cultivator.
Cannabis manufacturer.
Cannabis retailer.
Cannabis wholesaler.
Cannabis transporter.
Cannabis testing facility.
Cannabis event organizer.
Cannabis delivery service.
Lower-potency hemp edible manufacturer.
Medical cannabis cultivator.
Medical cannabis processor.
Medical cannabis retailer.
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Q7. Can cannabis start to be sold now?
A7.Cannabis will not be able to be sold until the Office of Cannabis Management is established
and able to issue licenses.Communication from state agencies indicate an intended timeline of
January 2025 for when sales will be live to the public.Before beginning sales,a cannabis
retailer must obtain a local retail registration.Any business attempting to sell cannabis
products before licenses are issued should be reported to the Department of Health.
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Q8. Under the new {aw, where can adult-use cannabis be sofd?
AS.Cannabis products and hemp derived consumer products may only be sold in business
with a license issued by the OCM.
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Q9. Could my city's municipal liquor store sell adult-use cannabis?
A9.The law adds edible cannabinoid products as an item allowed to be sold at exclusive liquor
stores,including municipal liquor stores.The ability of cities to sell cannabinoid products at a
liquor store is unique to Minnesota and may create new and complex coverage and liability
questions around these products.The League and the League of Minnesota Cities Insurance
Trust(LMCIT)are working on guidance for cities considering selling cannabinoid products at
their municipal liquor stores.This information will be updated when such guidance is drafted.
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Q10. Can my city have a municipal cannabis retail store?
A10.The new law authorizes cities to operate a municipal cannabis retail store.This is a unique
opportunity for Minnesota cities and more research is needed to determine the legal
ramifications of such an operation.
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Taxation and revenue
Qll. How will these new products be taxed?
All.A tax equal to 10a of gross receipts from retail sales of taicable cannabis products will be
imposed on any taxable cannabis product retailer that sells cannabis products to customers.
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Q12. Can our city impose its own cannabis tax?
Al2.Cities are prohibited from imposing a tax solely on the sale of taxable cannabis products.
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Q13. Do sales taxes apply?
Ai3.The state sales tax and local sales taxes apply to cannabis and hemp-derived cannabinoid
products.
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Q14. Who receives taxes collected from the sale of cannabis
prod ucts?
Ai4.Revenues from the retail sales of cannabis products will be divided,with 80 i6 going to the
general fund and 20 ib to the local government cannabis aid account.Cities will receive 50%of
the amount certified to the local government cannabis aid account.
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Q15. What is considered a "taxable cannabis product retailer?"
AiS.A taxable cannabis product retailer is a retailer that sells any taxable cannabis products.
This includes a cannabis retailer,cannabis microbusiness,cannabis mezzobusiness,and lower-
potency hemp edible retailer.Minn. Stat§295.81, subd. l(s).
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Q16. How much revenue will cities receive from the local
government cannabis aid fund?
Ai6.Half of the amount certified in the cannabis local government aid fund will go to cities.
Cities will receive a distribution proportional to the number of cannabis businesses located in
the city as compared to the number of cannabis businesses in all cities.
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Q17. When will cities receive revenue from the local government
cannabis aid account?
Ai7.The gross receipts tax goes is effective for gross receipts received after June 30,2023.The
law requires the Department of Revenue to certify the amount to be paid to each city by Sept. l,
2024, and every year after,and the full amount must be paid on Dec.26,2024,and every year
after.
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Enforcement and public safety
Q18. How is the new law enforced?
Ai8.All licensing issues will be enforced by the Office of Cannabis Management.Until the
OCM is up and running,the currently legal hemp-derived edible products under Minn.Stat.§
151.72 will be temporaxily regulated by the Department of Health,which is taking over the
enforcement of edible cannabis products previously done by the Board of Pharmacy.Local law
enforcement may still enforce illegal possession or use crimes where applicable.
Access the Department of Health's site on the temporary regulation of lower-potency hemp
edibles
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Q19. What are penalties for someone selling edible cannabis
products that do not meet the state's requirements?
A19.If a retailer is found to be selling edible cannabis products that do not meet state
requirements,the Department of Health may embargo the products and potentially destroy the
products with the retailer paying for all court costs and fees, storage,and other proper
expenses.
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Q20. Can a person still be charged with possession of cannabis
products?
A20.Beginning Aug. 1,2023,the following actions are considered cannabis possession crimes:
Possession of cannabis in the first degree. (Punishable by imprisonment for not more than five
years or payment of a fine of not more than$10,000, or both).
More than 2 pounds but not more than 10 kilograms of cannabis flower.
o More than 160 grams but not more than 2 kilograms of cannabis concentrate.
o Edible cannabis products,lower-potency hemp edibles,or hemp-derived consumer
products infused with more than 16 grams but not more than 200 grams of THC.
Possession of cannabis in the second degree.(Punishable by imprisonment for not more than
one year or payment of a fine of not more than$3,000,or both).
o More than 1 pound but not more than 2 pounds of cannabis flower in any place other than
the person's residence.
o More than 80 grams but not more than 160 grams of cannabis concentrate.
o Edible cannabis products,lower-potency hemp edibles,or hemp-derived consumer
products infused with more than 8 grams but not more than 16 grams of THC.
Possession of cannabis in the third degree. (Punishable by imprisonment for not more than 90
days or payrnent of a fine of not more than$1,000,or both).
o More than 4 ounces but not more than 1 pound of cannabis flower in any place other than
the person's residence.
More than 16 grams but not more than 80 grams of cannabis concentrate.
o Edible cannabis products,lower-potency hemp edibles,or hemp-derived consumer
products infused with more than 1,600 milligrams but not more than 8 grams of THC.
Possession of cannabis in the fourth degree. (Punishable as a petly misdemeanor).
o More than 2 ounces but not more than 4 ounces of cannabis flower in any place other than
the person's residence.
More than 8 grams but not more than 16 grams of cannabis concentrate.
Edible cannabinoid products infused with more than 800 milligrams but not more than
1,600 milligrams of THC.
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Q21. Can a person still be charged with sale of cannabis products?
A21.Beginning Aug. l,2023,the following actions are considered cannabis sale crimes:
Sale of cannabis in the first degree.Punishable by imprisonment for not more than five years or
to a payment of a fine of not more than$10,000 or both if a person unlawfully sells more
than 2 ounces of cannabis flower;more than 8 grams of cannabis concentrate;or edible
cannabis products,lower-potency hemp edibles,or hemp-derived consumer products
infused with more than 800 milligrams of THC:
o To a minor and the defendant is more than 36 months older than the minor.
Within 10 years of two or more convictions of sale in the second or third degree.
o Within 10 years of a conviction of first degree
Sale of cannabis in the second degree.May be sentenced to imprisonment for not more than
one year or to payment of a fine of not more than$3,000,or both if an adult:
o Unlawfully sells more than 2 ounces of cannabis flower;more than 8 grams of cannabis
concentrate; or edible cannabis products,lower-potency hemp edibles,or hemp-derived
consumer products infused with more than 800 milligrams of THC:
In a school zone,a park zone,or a drug treatment facility;or
Within 10 years of a conviction of sale of cannabis in the first, second,or third degree.
o Unlawfully sells cannabis flower,cannabis concentrate,edible cannabis products,lower-
potency hemp edibles, or hemp-derived consumer products to a minor.
Sale of cannabis in the third degree.An adult may be sentenced to imprisonment for not more
than 90 days or to payment of a fine of not more than$1,000,or both,if the adult unlawfully
sells:
o More than 2 ounces of cannabis flower.
o More than S grams of cannabis concentrate.
o Edible cannabis products,lower-potency hemp edibles,or hemp-derived consumer
products infused with more than 800 milligrams of THC.
Sale of cannabis in the fourth degree.An adult is guilty of a petty misdemeanor if they
unlawfully sell:
Not more than 2 ounces of cannabis flower.
o Not more than 8 grarns of cannabis concentrate.
o Edible cannabis products,lower-potency hemp edibles,or hemp-derived consumer
products infused with not more than 800 milligrams of THC.
A sale for no remuneration by an individual over the age of 21 to another individual over
the age of 21 is not unlawful as cannabis sale in the fourth degree.
Sale of cannabis by a minor.A minor is guilty of a petty misdemeanor if the minor unlawfully
sells:
o Not more than 2 ounces of cannabis flower.
o Not more than 8 grams of cannabis concentrate.
o Edible cannabis products,lower-potency hemp edibles,or hemp-derived consumer
products infused with not more than 800 milligrams of THC.
A minor is guilty of a misdemeanor if the minor unlawfully sells:
More than 2 ounces of cannabis flower.
More than 8 grams of cannabis concentrate.
o Edible cannabis products,lower-potency hemp edibles, or hemp-derived consumer
products infused with more than 800 milligrams of THC.
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Q22. Can a person be charged with a crime for cultivating cannabis?
A22.Beginning Aug. 1,2023,the following axe crimes related to the cultivation of cannabis.
Cultivation of cannabis in the first degree.A person is guilty of cultivation of cannabis in the
first degree and may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than$10,000,or both,if the person unlawfully cultivates more
than 23 cannabis plants.
Culrivation of cannabis in the second degree.A person is guilty of cultivation of cannabis in the
second degree and may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than$3,000,or both,if the person unlawfully cultivates more
than 16 cannabis plants but not more than 23 cannabis plants.
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Q23. Can a person be charged with a crime for using cannabis in
public?
A23.Beginning Aug. l,2023,a city may adopt an ordinance establishing a petty misdemeanor
offense for a person who unlawfully uses cannabis flower,cannabis products,lower-potency
hemp edibles,or hemp-derived consumer products in a public place other than the following.
A private residence including the person's curtilage or yard.
Private properry not generally accessible by the public,unless the person is explicitly
prohibited from consuming cannabis flower,cannabis products,lower-potency hemp
edibles,or hemp-derived consumer products on the property by the owner of the property.
The premises of an establishment or event licensed to permit on-site consumption.
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Q24. How do our officers determine if a driver is under the influence
of adult-use cannabis?
A24.Officers will need to use the same process for determining if a person is under the
influence of cannabis while operating a vehicle as they would have prior to the new law being
enacted.
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Q25. Is it a crime to use cannabis products while operating a motor
vehicle?
A25.It is a misdemeanor for a person to use cannabis flower,a cannabis product,a lower-
potency hemp edible,a hemp-derived consumer product,or any other product containing an
artificially derived cannabinoid in a motor vehicle when the vehicle is on a street or highway.
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Q26. Is it a crime to possess cannabis products in a motor vehicle?
A26.Beginning Aug. l,2023,a person may be charged with a misdemeanor if they possess
cannabis products in a motor vehicle on a street or highway if the products meet any of the
following conditions:
Do not meet the packaging requirements set in statute.
Have been removed from the packaging in which they were sold.
Are in packaging that has been opened,or the seal has been broken.
Are in packaging in which the contents have been partially removed.
It is not considered a crime if the cannabis products are in the trunk of the vehicle or in
another area of the vehicle not normally occupied by the driver and passengers if the vehicle is
not equipped with a trunk.A utility compartment or glove compartment is deemed to be within
the area occupied by the driver and passengers.
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Q27. Could cities prohibit the sale of adult-use cannabis entirely?
A27.Cities may not prohibit the possession,transportation, or use of cannabis flower,cannabis
products,lower-potency hemp edibles,or hemp-derived consumer products authorized by the
new law.
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Q28. Is our city required to adopt regulations under the new law?
A28.Cities are not required to adopt any new regulations under the new law.However,they
will be required to register retail sellers and perform compliance checks.
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Q29. Are prior convictions for cannabis use expunged and what is
the city's role in that process?
A29.Certain cannabis-related convictions will be expunged by the Bureau of Criminal
Apprehension. Upon receipt of a notice of expungement, cities are required to seal all records
related to the expungement,including the records of the person's arrest,indictment,trial
verdict,and dismissal or discharge of the case.
Certain felony convictions will be reviewed by the Cannabis Expungement Board to determine
what,if any,action should be taken related to a prior conviction.Cities will be required to
provide the Cannabis Expungement Board free access to records held by law enforcement
agencies or prosecuting authorities.
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City regulation
Q30. Can the city require sellers to have a city-issued license?
A30.A city may not require additional licenses other than the cannabis licenses issued by the
OCM.However,the OCM will forward applications to cities for them to certify whether the
proposed cannabis business complies with local zoning ordinance and,if applicable whether
the proposed business complies with the state fire and building code.The OCM may not issue a
license to a cannabis business that does not meet local zoning and land use laws.
In addition,upon receipt of an application for a cannabis license,the OCM will contact the city
in which the business would be located and provide the city with 30 days in which to provide
input on the application.This is the city's opportunity to provide the OCM with any additional
information it believes is relevant to the OCM's decision on whether to issue a license,
including but not limited to identifying concerns about the proposed location of a cannabis
business,or sharing public information about the applicant.
Before a cannabis business begins making retails sales,it will be required to register with the
city in which it is located.
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Q31. When is our city required to issue retail registration to a
cannabis retail business?
A31.A city is required to issue a retail registration to a cannabis microbusiness with a retail
operations endorsement,cannabis mezzobusiness with a retail operations endorsement,
cannabis retailer,medical cannabis retailer, or lower-potency hemp edible retailer that:
Has a valid license issued by the OCM.
Has paid the registration fee.
Is found to be in compliance with the requirements of the applicable state laws through a
preliminary compliance check performed by the city.
Is current on all properry taxes and assessments at the location where the retail
establishment is located.
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Q32. Can a retail registration issued by our city be transferred?
A32.Retail registration may not be transferred.
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Q33. Is our city required to conduct compliance checks on
businesses with a cannabis retail registration?
A33.Cities will be required to conduct compliance checks on retail cannabis businesses with a
retail registration by the city.The OCM will develop standardized forms and procedures for
these compliance checks.
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Q34. Can our city charge a fee for a cannabis retail registration?
A34.city may impose an initial retail fee of$500 or up to half the amount of the applicable
initial license fee charged by the OCM,whichever is less.The city may also charge a renewal
retail registration fee of$1,000 or up to half the amount of the applicable renewal license fee
charged by the OCM,whichever is less.
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Q35. Can my city limit the number of cannabis retailer licenses
issued in our city?
A35.A city that issues cannabis retailer registrations may,by ordinance,limit the number of
licensed cannabis retailers,cannabis mezzobusinesses with a retail operations endorsement,
and cannabis microbusinesses with a retail operations endorsement to no fewer than one
registration for every 12,500 residents.In addition,if a county has one active registration for
every 12,500 residents,a city within the county is not obligated to register any additional
cannabis businesses.
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Q36. How does this impact my city's existing license for THC
products?
A36.It appears that cities may continue to license edible cannabinoid products until the OCM
begins issuing licenses.Those businesses that sell edible cannabinoid products to consumers
must register with the Minnesota Department of Health by Oct. l,2023.However,once the
OCM begins issuing lower-potency hemp edible retailer licenses, cities are likely preempted
from continuing to issue their own licenses and would begin registering retailers through the
city's cannabis retailer registration process.
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Q37. Which state agency is charged with regulating edible
cannabinoid products until the OCM begins licensing cannabis
prod ucts?
A37.The Minnesota Department of Health is now charged with the regulations of edible
cannabinoid products until the OCM begins issuing licenses.Learn more on the Minnesota
D nartment of Health website.
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Q38. What changes have been made to the edible cannabinoid law
adopted in 2022?
A38.The new law allows for the continued sale of certain edible cannabinoid products with
new limitations including:
Manufacturers must ha e each batch of products tested to certify they comply with the
standards adopted by the Minnesota Department of Health.
Manufacturers must disclose information regarding foreign materials applied or added to
the products.
Labels must contain a batch number.
Beverages cannot contain more than two servings per container.
Edible cannabinoid products may not contain artificially derived or synthetic cannabinoids.
Edible cannabinoid products,other than beverages,must be displayed behind a checkout
counter.
Retailers must verify age of purchaser.
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Q39. Can edible cannabinoid products be sold for on-site
consumption?
A39.Until the OCM begins issuing licenses,the on-site consumption of edible cannabinoid
products is limited to those businesses with an on-sale liquor license issued under Minnesota
Statutes, Chapter 340A.In addition,the following conditions must be met:
Products must be served in original.
Products may not be sold to an into ucated customer.
Products must not be permitted to be mixed with alcoholic beverages.
Products removed from packaging must remain on premises.
After the OCM is set up,it will issue on-site consumption endorsements for cannabis license
holders.
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Q40. Will I be able to prohibit cannabis events in my city?
A40.The new law authorizes temporary cannabis events lasting no more than four days.To be
approved for a cannabis event license,applicants must obtain any necessary permits or
licenses issued by a local unit of government.Cities may not prohibit cannabis events,but they
may set standards which the event organizer must meet.Cities may also permit on-site
consumption for events but are not required to.
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Q41. How does this impact my city's existing THC license program?
A41.Local THC licenses may continue until the OCM begins issuing its own licenses,which
state agencies anticipate beginning in January of 2025.When the OCM licensing begins,cities
will need to follow the retail registration procedures outlined in the law.
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Q42. How does the new law impact my city's existing THC
moratorium?
A42.The new law does not affect a current moratorium.If a city adopted a moratorium on low-
potency edibles,it remains in place and will expire as noted when it was adopted.
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Q43. Can the city's zoning regulation restrict where a business can
operate?
A43.Cities are allowed to adopt reasonable restrictions on the time,place,and manner of the
operations of a cannabis business provided that such restrictions do not prohibit the
establishment or operation of cannabis businesses.Cities may prohibit the operations of a
cannabis business within 1,000 feet of a school,or 500 feet of a day care,residential treatment
facility,or an attraction within a public park that is regularly used by minors,including a
playground or athletic field.
The OCM will develop model ordinances for reasonable restrictions on the time,place,and
manner of a cannabis business.
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Q44. Can cities adopt a moratorium prohibiting the sale,
manufacturing, or distribution of adult-use cannabis to study the
issue?
A44.Cities may adopt an interim ordinance if:
It is conducting studies.
Has authorized a study to be conducted.
Has held or has scheduled a hearing for the purpose of considering adoption or amendment
of reasonable restriction on the time,place,and manner of the operation of a cannabis
business as defined in the new law.
Before adopting an interim ordinance,the city must hold a public hearing on the issue.The
interim ordinance may be in place until jan. l,2025.The authority for an extended
moratorium does not apply to the sale or production of low-potency hemp edible products.
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Q45: What if my city has complaints about a licensed cannabis
business?
A45.The OCM will establish an expedited complaint process to receive,review,and respond to
complaints made by cities about a cannabis business.The OCM will be required to respond to
the complaint within seven days and perform any necessary inspections within 30 days.If
certain cannabis businesses axe deemed by the city to pose an immediate threat to the health
or safety of the public,the OCM must respond within one business day.
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Q46: Can a city deny a liquor license if they find that the business is
selling cannabis or low-potency hemp products without a license?
A46.Yes.The new law prohibits a retail license from being issued to a person who has had a
license or registration issued under ch.342 or Minn. Stat. §151.72,subd. 5b revoked;has been
convicted of an ofFense under Minn.Stat.§151.72,subd. 7;or has been convicted under any
other statute for the illegal sale of marijuana,cannabis flower,cannabis products,lower-
potency hemp edibles,hemp-derived consumer products,or edible cannabinoid products and
the sale took place on the premises of a business that sells intoxicating liquor or 3.2%malt
liquor.
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Q47. Can a city suspend or revoke a tobacco license if they find that
they are selling cannabis or low-potency hemp products without a
license?
A47.Yes.The new law allows a tobacco license to be suspended or revoked if the licensee has a
registration or licensed under ch.342 or Minn.Stat.§151.72,subd.5b revoked;is convicted of
an offense under Minn.Stat. §151.72, subd. 7;or has been convicted under any other statute
for the illegal sale of marijuana,cannabis flower,cannabis products,lower-potency hemp
edibles,hemp-derived consumer products,or edible cannabinoid products and the sale took
place on the premises of a business that sells tobacco.A city must provide notice and an
opportunity for a hearing before suspension or revocation.
Return to toN ofg g
City employment and personnel issues
Q48. Does the new law allowing adult-use cannabis change
anything about how we do drug testing for CDL holders?
A48.No,cities with positions requiring an employee to hold a commercial driver's license
CDL)will recall these positions are regulated by federal law,and those regulations are
supervised by the Federal Department of Transportation(DOT).Federal law preempts state law
related to cannabinoid use;in fact,the DOT states in its DOT Recreational Mariivana Notice
that it does not authorize the use of Schedule I drugs,including marijuana,for any reason.As a
result,cities should continue to follow their drug-testing procedures related to CDL holders and
may enforce prohibitions against any use of cannabinoids for CDL holders,regardless of state
law protections.
Cities can find more information on existing drug testing policies in the LMC Drug and Alcohol
Testing Toolkit, starting on page 22.An updated model Non-DOT Drug,Alcohol and Cannabis
Policies will be available once legal consultants have reviewed.
Return to togQf g g
Q49. Does the new law change anything related to employees who
carry a firearm?
A49.No. Public safety employees who carry a firearm cannot lawfully use marijuana under
federal law Federal law prohibits cities from providing firearms or ammunition to an employee
it knows or has reason to think is using marijuana.Although there is a legal difference between
marijuana products and hemp products,it may not be possible to differentiate the products in a
drug test. Officers should be mindful of any substance they ingest because they are ultimately
responsible if those products lead to a positive marijuana test.
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Q50. Besides positions requiring a CDL or carrying a firearm, are
there any other positions which are not affected by the new law?
A50.Yes.The law excludes the following seven position classes from the law's changes:
1.A safety-sensitive position,as defined in as defined in Minn.Stat. §181.950, subd. 13.
2.A peace officer position, as defined in Minn.Stat.§626.84,subd. 1.
3.A firefighter position,as defined in Minn.Stat.§299N.01,subd.3.
4.A position requiring face-to-face care,training, education,supervision,counseling,
consultation,or medical assistance to:
1.Children.
2.Vulnerable adults,as defined in Minn.Stat.§626.5572,subd. 21.
3.Patients who receive health care services from a provider for the treatment,examination,
or emergency care of a medical,psychiatric,or mental condition.
5.A position funded by a federal grant.
6.Any other position for which state or federal law requires testing of a job applicant or
employee for cannabis.
7.A position requiring a commercial driver's license or requiring an employee to operate a
motor vehicle for which state or federal law requires drug or alcohol testing of a job
applicant or employee.
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Q51. Can we still prohibit employees from being under the influence
of cannabis while at work? Does the League have a model policy
with updated language?
A51.Yes,employers can continue to prohibit employees from being under the influence of
cannabis products,while at work.For employers, a key focus will be workplace safety with the
consideration that cannabis is more difficult to detect and test than alcohol.Employers may
continue to maintain drug-free policies at the workplace and discipline employees who use
cannabis during working hours or who report to work impaired.
Under the Occupational Safetv and Health Administration's(OSHA)General Dutv Clause of the
Occupational Safety and Health Act, employers are required to furnish a workplace free from
recognized hazards that are likely to cause serious physical harm.This provision of the Act is
typically used in accident cases where toxicology screens are positive.OSHA's new electronic
recordkeeging rule,claxified on Oct. 11,201g, states"If the employer chooses to use drug
testing to investigate the incident,the employer should test all employees whose conduct could
have contributed to the incident,not just employees who reported injuries,"with respect to
using drug testing to evaluate the root cause of a workplace incident that harmed or could have
harmed employees.Thus, a non-DOT drug and cannabis-city testing policy with protocols
following this guidance is important.
Under the new law,employers can enact and enforce work policies prohibiting the use,
possession,and impairment of cannabis while at work or operating employer vehicles,
equipment,and machinery.It is difficult to test for cannabis to determine if an employee is
currently under the influence due to the drug's ability to be detectable for weeks after it is used.
With the prohibitions on disciplining employees other than those listed in Q,employers will
be in a difficult position to take action against an employee who tests positive for cannabis.A
best practice is for cities to train supervisors about the behavioral signs and symptoms of drug
and cannabis use as well as how to document observations of potential impairment so should a
situation occur in the workplace, supervisors can effectively respond and document what they
observed leading to the situation.
An updated model Non-DOT Drug,Alcohol and Cannabis Policies will be available once legal
consultants have reviewed.
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Q52. If an employee is injured while being under the influence of
cannabis at work, are they still entitled to workers' compensation
benef its?
A52.While each case is very fact-specific,the general rule is that if the injury was intentionally
self-inflicted or the intoxication of the employee is the proximate cause of the injury,then the
employer is not liable for compensation.The burden of proof of these facts is upon the
employer.
Return to ton of p g.
Q53. Can employees be in possession of edibles or other cannabis
products while at work?
A53.Cities may enact policies prohibiting employees from bringing cannabis products,
including edibles,to work.A best practice is for cities to train supervisors about the behavioral
signs and symptoms of drug and cannabis use as well as documenting observations of potential
impairment so should a situation occur in the workplace,supervisors can effectively respond
and document what they observed leading to the situation.
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Q54. Do we need to change anything in our collective bargaining
agreement (CBA) regarding discipline of employees who use
cannabis products?
A54.Maybe.If cities have policies within their CBAs that relate to cannabis use and discipline,
cities should consult with their city attorney to determine if any changes are needed. CBAs may
address cannabis and cannabis testing,but the CBAs must at least meet the minimum
employee rights guaranteed by the statute.
Ensure your city's drug and cannabis-testing policies have been updated and your supervisors
are trained on the behavioral signs and symptoms associated with impairment as well as
documenting observations of potential impairment.If the CBA includes language that policy
changes need to be negotiated,then there would need to be a meeting with the union if the
city's policy changes.
Return to to of.pag
Q55. Can employees use cannabis products off-duty?
A55.It depends.See,Q?,and Q for a list of employees who can be prohibited from using
cannabis products both on and off duty due to federal or state regulations. Other employees
would be able to use cannabis products while they are off duty,if they are not impaired at
work.If there are any questions regarding whether an employee could be prevented from using
cannabis products while off-duty,please consult your city attorney before any action is taken.
In addition,the law prohibits an employer from taking adverse employment action against an
employee who is a patient in the state's medical cannabis program unless a failure to do so
would violate federal or state law or regulations,or cause an employer to lose a monetary or
incensing-related benefit under federal law or regulations.
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Q56. How does this impact the requirements of the Drug-Free
Workplace Act?
A56.It does not.The Drug-Free Workplace Act of 1988(DFWA)requires federal grantees and
contractors to implement a drug-free workplace policy and establish a drug-free awareness
program as a precondition for receiving a federal grant or a contract.However,the DFWA does
not require covered employers to test employees for drugs or terminate them for drug-related
violations,so the new Minnesota state law does not impact the DFWA directly.Minnesota law
allows employers to prohibit employees from bringing legal cannabis products to work and
permits employers to prohibit employees from being under the influence while at work.It
would be best practice for cities with drug-free work policies to keep those in effect.If a city
wishes to do so,it can update its policy to include lawful cannabis products within its scope.
An updated model Non-DOT Drug,Alcohol and Cannabis Policies will be available once legal
consultants have reviewed.
Return to top of p ge
Q57. Should my city continue to include cannabis as a pre-
employment panel screen for my non-DOT/safety-sensitive
employees?
A57.The new Minnesota law prohibits an employer from refusing to hire an applicant simply
because of a positive cannabis drug test.There are exceptions for positions where such testing
and denial of job offer is required under applicable federal or state law.Cities will want to refer
to the Q,which provides a list of positions excepted from cannabis testing prohibitions.
Practically speaking,if a position is not excepted,cities will need to determine whether they
want to continue to test for cannabis in light of the limitation of the testing and confer with
their city attorney before taking an action as a result of a positive test.
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Your LMC Resource
Research&Information Service stafFmembers are ready to help you apply their broad
knowledge to the issues you're dealing with today.
Access online forxn to submit a uestion,or call us: (651)281-1200 or(800)925-1122
MEMORANDUM
TO: ST. JOSEPH CITY COUNCIL
FROM: SUSAN DEGE, CITY ATTORNEY
RE: CANNABIS MORATORIUM
DATE: JULY 14, 2023
The state legislature recently passed legislation to legalize the sale of intoxicating cannabis
products. The new legislation provides for a new state agency, the Office of Cannabis
Management, which will become the licensing agency for both cannabis businesses and low
potency hemp businesses. Cities will be required to register the licensees and are entitled to
charge a registration fee equal to ½ the state license fee. The term “low potency hemp” replaces
edible THC products that were legalized last year, so in essence the new law swallows the
provisions of the old law. However, TCH retailers who are already in operation may continue
without a license for the time being by registering with the state by the end of October.
Ultimately, they will have to go through the licensing process once the OCM is up and running.
The new legislation provides that City will have the ability to limit the number of licenses issued
within the City, but not exclude cannabis retailers entirely. The City will have to allow at least 1
license within city limits. Cities are also authorized to have a municipal dispensary, which could
be the sole licensed retailer within the city. The League of MN Cities has not taken a position on
this as of yet. Certainly, the fact that the cannabis products are still considered controlled
substances under Federal law causes some concern about the City participating in the sale.
The legislation allows cities to adopt time place and manner restrictions pursuant to
recommendations from the OCM which will be issued in the future. In the interim, the City is
allowed to pass a moratorium until January 1, 2025 on cannabis and low potency hemp retailers
to allow the City to plan for how retail sales should be allowed in the City. A public hearing is
required prior to adopting the interim ordinance under the new law.
It is my recommendation that the City consider adopting a moratorium so that the City can study
the issue and await on the time place and manner restrictions that will be allowed under the new
law. The City would then have time to consider whether a restriction on the number of retail
licenses for low potency hemp products and cannabis products is appropriate. The moratorium
will preclude the sale of low potency hemp products (THC products), including beverages which
will be allowed to be sold by establishments otherwise holding an on-sale liquor license.
Since the City did not adopt any licensing requirements, and the current moratorium is set to
expire prior to time when a public hearing could be held on a new moratorium, it is my
recommendation that the Council extend the current moratorium until such time that the City can
hold a public hearing on a new moratorium under the new law. This will preclude establishment
of THC retailers within the City in the meantime.
September 12, 2022
Page 1 of 1
Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met
On Monday, September 12th, 2022 at 6:00 PM. in the St. Joseph City Hall opening with the Pledge of
Allegiance.
Planning Commission Members Present: Commissioners Mike Osterman, Carmie Mick, Keith Louwagie,
Bob Loso, Anne Jarrell, Gina Dullinger, Adam Scepaniak
Staff Present: Nate Keller, Community Development Director
Others in attendance: None
Approval of the Agenda: Louwagie made a motion to approve the agenda. The motion was
seconded by Dullinger and passed unanimously by those present.
Approval of the Minutes: Loso made a motion to approve the minutes of August 8th, 2022. The
motion was seconded by Jarrell and passed unanimously by those present.
New Business:
a.Trail and Sidewalk Priorities
Keller went through each trail/sidewalk project depicted in the memo highlighting challenges, limitations,
and notes for each project.
Loso made a motion to recommend the following projects as top priority:
1.Northland Dr trail/sidewalk
2.Baker St sidewalk
3.CR 121 Trail to East Park
The Commission also asked that the various CSAH 75 crossing improvements be kept as top
priorities.
The motion was seconded by Scepaniak and passed unanimously by those present.
b.Cannabis and Zoning
Keller pointed out as noted in the memo that on July 1st 2022 the MN Legislature enacted in law the
selling of THC and that many cities do not have adequate ordinances in place to deal with the licensing,
selling, and proper zoning of the sale of THC products. Keller asked the commission-
1.Where should the selling of these products be allowed (what zoning district is most
appropriate)?
2.Would the use be classified as a separate category or grouped with general “retail” uses?
3.Are there concerns on a store that only sells THC products versus selling THC products
along with other general retail items?
The commission asked to look at language in other ordinances for guidance on licensing and zoning as
well a better definition of what facilities within a certain radius should be considered.
Other Business:
None
Adjourn: Dullinger moved to adjourn the meeting at 6:38 PM. The motion was seconded by Jarrell
and the motion carried.
October 10, 2022
Page 2 of 3
The Commission expressed concern on:
• the 35’ available for the parking spaces and drive aisle thru the parking lot may be too narrow of a
space for effective parking and traffic flow
• using off-street parking spaces to satisfy the required number of spaces needed to meet City
code.
City Code provides guidance on drive aisle width but not for unique parking lot arrangements like this.
The proposal also includes a buffer constructed of maintenance free fence or coniferous vegetation to
protect the adjacent properties, cutting down the amount of space available for the parking spaces and
drive aisle.
Shannon Wiger, spoke to the Commission regarding her request via Zoom. She is the developer of the
property located at 103 1st Ave NW. Wiger has two businesses that would like to come into St. Joseph
and utilize the office space Shannon is creating. Another option is leaving the parcel a residential property
which would eliminate the parking concern. Wiger spoke on the difficulty of meeting the parking
requirements of this lot due to the size and location of the parcel and short of tearing down part of the
building it will be difficult to meet those requirements.
The Commission brought up that there has been a plethora of complaints about parking in the downtown
area. Loso felt that if we alleviate the parking requirements the City is going backwards and not
addressing parking issues coming forward.
Wiger added as the owner of several downtown properties she has never had anyone express to her that
parking is an issue. Wiger pointed out that street parking should be first come first serve and she
personally doesn’t feel there is a parking problem in St. Joe.
The Commission asked staff if there is a formal site plan application for this project. Keller explained to
the commission that there is no site plan application for this project because this is an interior conversion.
The site plan would get triggered if there was an increase in the footprint above a certain percent.
Dullinger made a motion to Approve the Parking Plan at 103 1st Ave NW with the accommodation
of 5 off street parking spaces, roughly as shown in the sketch with a suggested 18’ drive width
and a fence being used as the buffer; seconded by Louwagie and passed unanimously.
Old Business:
a. Cannabis and Zoning
Keller gave a recap to the Commission from the September 6th PC meeting regarding drafting ordinances
pertaining to the selling and licensing of Cannabis products. At that time Staff was directed to look into
current buffer requirements for adult entertainment spaces as that information could be used as a guide in
helping the Commission with the Cannabis buffer and zoning decisions. Staff is asking the Commission
for their recommendation of the proper zoning district for the selling of Cannabis products, appropriate
buffer zones, if any, and recommendation on drafted language.
The Commission discussed a range of buffer zones that could be used as a radius for the sale of
Cannabis products. Staff was asked how surrounding cities are handling buffer zones and drafted
language. The commission discussed retail zones B-1, B-2 and the Industrial zone regarding which might
be the most appropriate zoning district for the retail sale of Cannabis products.
The Commission ultimately agreed for the retail sale of Cannabis products in zones B-1 and B-2. A buffer
zone of 500 feet from another establishment that sells Cannabis products and a buffer zone of 1000 feet
from public parks and schools. Staff will take this recommendation and look to see where the City is at
with the licensing ordinance. The next step would be bringing this information back to the Commission as
a formal draft with a public hearing.
November 14, 2022
Page 1 of 2
Pursuant to due call and notice thereof, the Planning Commission for the City of St. Joseph met
On Monday, November 14th, 2022 at 6:00 PM. in the St. Joseph City Hall opening with the Pledge of
Allegiance.
Planning Commission Members Present: Commissioners Mike Osterman, Keith Louwagie, Bob Loso,
Anne Jarrell, Carmie Mick, Adam Scepaniak
Absent: Gina Dullinger
Staff Present: Nate Keller, Community Development Director
Approval of the Agenda: Loso made a motion to approve the agenda. The motion was seconded by
Scepaniak and passed unanimously by those present.
Others in attendance: Mayor Rick Schultz
Schultz addressed the Commission and congratulated Scepaniak on his recent election win as a City
Council Member and noted to the Commission there are term updates and new appointees that will take
place in 2023.
Approval of the Minutes: Loso made a motion to approve the minutes of October 10th, 2022; the
motion was seconded by Scepaniak and passed unanimously by those present.
New Business:
a. Public Hearing – Ordinance Amendment Request – Gyms/Indoor Athletic Facilities in I-1 District
Keller informed the Commission that an ordinance amendment request has been made to allow
Gyms/Athletic Facilities within I-1 Light Industrial District. Staff has worked with the applicant on this
request and directed applicant to apply for a Zoning Ordinance amendment based on discussion of
proposed use. Staff believes the amendment will be a good fit in the short- and long term. It is common to
see the proposed use within Industrial Zoned property. Keller noted our comprehensive plan has a goal
that focuses on reviewing land use and zoning standards to make sure they are relevant, and this helps fit
that need by creating flexibility for new opportunities like this in our Industrial area.
Mick opened the public hearing at 6:07 PM.
Amy Rodine, 1305 Mockingbird Loop, Sartell, MN 56377, spoke regarding her request. Amy and her
husband currently have a gym in Waite Park, MN that has been in business for 15 years. They would like
to relocate the business to St. Joseph.
Mick closed the public hearing at 6:08 PM, as no one else wished to speak.
Loso motioned to approve proposed Zoning Ordinance amendment #2022-TBD; seconded by
Louwagie and passed unanimously.
Old Business:
a. Cannabis and Zoning
Keller summed up the discussion had at the October 10th PC meeting. Previously the Commission
recommended allowing the sale of cannabinoid products in the B-1 and B-2 district. A buffer was
recommended at 500’ from other establishments and a 1,000’ radius from schools and public parks.
Keller shared a change in revised drafted language tied to the licensing and sale of THC products, the
elimination of “youth-oriented facility” and different buffer references in the document. Staff is looking for
direction from the Commission on buffer zones, whether retail establishments that sell cannabinoid
products along with other products be treated differently than a business who focuses solely on the sale
of cannabinoid products and zoning regulations.
The Commission discussed the previously talked about buffer zones and would like to consider removing
the buffer completely or reduce previously recommended buffer zones so more businesses could
November 14, 2022
Page 2 of 2
potentially be in the downtown commercial district. The Commission discussed having a buffer zone tied
to a business that solely sells cannabinoid products (like a dispensary) vs. a business that sells products
other than cannabinoids. Currently the City would not allow a dispensary as it is not listed as an allowable
use in the zoning ordinance. If the City chooses to forgo adopting license regulations businesses would
follow state law with regards to selling cannabinoid products. Administration plans on adopting licensing
regulations similar to our alcohol and tobacco licensing.
A couple of options the commission has are to not adopt zoning regulations and wait until a business
comes forward with a dispensary request or insert a dispensary use and create buffers and zoning
regulations proactively. Staff will look at other potential buffers or lesser distances for a dispensary use.
The Commission came to a consensus on having businesses who sell cannabinoid products (in addition
to other products) go through the licensing and regulation process and leaving the zoning piece for future
discussions. Staying silent on a dispensary use within the Zoning code means the use is not allowed and
applicants would need to put forth a zoning amendment request.
Other Business:
a. 2023 Planning Commission Schedule
There are no changes on the proposed time and day of month the Planning Commission meeting will be
held. All meetings will occur on the 2nd Monday of the month at 6 PM.
Louwagie made a motion to approve 2023 Planning Commission Schedule; seconded by
Scepaniak and passed unanimously.
Adjourn: Louwagie made a motion to adjourn the meeting at 6:39 PM; seconded by Loso and
passed unanimously.
Civic/Non-Profit Groups who u�lize City Conference Rooms/Parks with no rental
fee but keep a damage deposit on file.
St. Joseph Lions Club Millstream 1st & 3rd Tuesday/Month 6PM – 9PM
St. Joseph Women of
Today
Fire Hall 2nd Monday/Month 5PM – 9PM
St. Joseph Senior Ci�zens Fire Hall 2nd Thursday/Month 12:45PM – 4PM
St. Joseph Chamber of
Commerce
Mul�-Purpose Room 2nd Wednesday/Month 11AM – 2PM
Y2K Lions Club Fire Hall 2nd Wednesday/Month 6Pm – 9PM
AmeriCorps Seniors RSVP Mul�-Purpose Room Mul�-Purpose
Room/Couple �mes of
year for a volunteer
luncheon
[04] Use of Parks
STAFF MEMO
Prepared by:
David Murphy
Meeting Date:
7/25/2023
☐Consent Agenda Item
☐Regular Agenda Item
Agenda Item #
5
Reviewed by: Item:
Food Trucks in City Limits
ACTION REQUESTED
Discussion and direction regarding Ordinance 615 Portable Confectionary Stores and Mobile
Food Vendors.
REFERENCE AND BACKGROUND
The City has received some complaints and concerns about how food trucks are currently
operating in the City. The City has an ordinance in place regulating food trucks, however it
appears to be incomplete. The two concerns with the ordinance that have been identified are
the lack of a penalty provision and areas of operation
The ordinance as written identifies and regulates the licensing and operation of food trucks in
the City, but does not contain a penalty provision or identify how enforcement of the regulations
are to be handled.
I am currently researching how other cities handle enforcement of their food truck ordinances
and will report the findings to that point at the work session.
The other concern expressed regarding food trucks is where they operate in relation to
restaurants and events. The current ordinance prohibits food trucks from operating within 50’
of existing restaurants and is silent on festivals.
BUDGET IMPACT
Unknown at this time.
STAFF RECOMMENDED ACTION
Discussion and direction for potential action at a future City Council Meeting.
SUPPORTING DATA/ATTACHMENTS
Ordinance 615
Map indicating 50ft buffer from existing restaurants
Current Food Truck Application
DOWNTOWN - (50FT FROM EXISTING RESTAURANT)
KAY’S KITCHEN, SUBWAY, TACO JOHN’S
ROUTE 75 – NEIGHBOR’S
**BUFFERS DO NOT INCLUDE CURRENT ORDINANCE REQUIREMENTS:
• NO OPERATION WITHIN 50FT OF THE INTERSECTION OF TWO STREETS OR WITHIN 30 FT OF THE
INTERSECTION OF APUBLIC STREET AND PRIVATE DRIVEWAY OPENING
St. Joseph Application for Mobile Food Vendor Page | 1
City of St. Joseph
Application for Mobile Food Vendor
APPLICANT INFORMATION:
Name (s): Date:
Address:
Phone Number (s):
Email Address:
INFORMATION ON BUSINESS OWNER (if different from Applicant):
Business Owner:
Address:
Telephone: Email:
Minnesota Sales Tax ID Number:
Primary Vending Site Address/Location Description:
Hours and Days of Operation:
Describe the Principal Products Rendered:
VEHICLE INFORMATION:
Year/Make/Model of Vehicle Used:
VIN Number: License Plate Number:
St. Joseph Application for Mobile Food Vendor Page | 2
PLEASE INITIAL THE FOLLOWING STATEMENTS:
I HAVE ATTACHED A CURRENT MN DEPARTMENT OF HEALTH CERTIFICATE (if needed)
I HAVE ATTACHED A CURRENT MN DEPARTMENT OF HEALTH FOOD MANAGER
CERTIFICATION
REQUIRED – I HAVE ATTACHED A CURRENT STEARNS COUNTY HEALTH CERTIFICATE
AND FOOD ESTABLISHMENT CERTIFICATE
REQUIRED - * I HAVE ATTACHED LETTERS OF CONSENT FOR LOCATING ON PUBLIC
OR PRIVATE PROPERTY
You will need to obtain permission by the City in order to park in public parking areas including City
Parks.
REQUIRED – I HAVE ATTACHED ALL INSURANCE CERTIFICATES (VEHICLE AND
LIABILITY)
REQUIRED – I HAVE READ AND WILL OBEY ALL RULES AND REGULATIONS RELATING
TO MOBILE FOOD VENDOR OPERATIONS, LOCATIONS AND ALL OTHER
REQUIREMENTS
REQUIRED – I WILL HAVE A CURRENT CERTIFIED FIRE EXTINGUISHER WITHIN THE
VEHICLE AT ALL TIMES.
REQUIRED – I HAVE INCLUDED THE LICENSE FEE OF 100.00 MADE PAYABLE TO
THE CITY OF ST. JOSEPH.
The data you provided on this application will be used by the City of St. Joseph to assess your
qualifications for a permit. After issuance of a permit, all information contained in this application, will
be public information pursuant to Minnesota Statutes, Chapter 13.
I, (print name) , certify or declare under penalty of perjury under the laws
of the State of Minnesota that the foregoing is true and correct. All information given is subject to
verification by the State of Minnesota.
Signature of Applicant: Date:
Submit completed applications to City Offices, 75 Callaway St E, St. Joseph, MN 56374
OFFICE USE ONLY
Application Received By: Date Received:
Fee Paid Approved by: Date:
[$100.00]
[06] Kayak Lease Agreement
From:David Murphy
To:Kayla Klein
Subject:FW: Meeting
Date:Friday, July 21, 2023 8:22:43 AM
Attachments:St Joe Gas Franchise city edits.doc
From: Susan Dege <Susan.Dege@jdalaw.net>
Sent: Thursday, July 20, 2023 4:28 PM
To: David Murphy <dmurphy@cityofstjoseph.com>
Cc: Randy Sabart <rsabart@sehinc.com>; Samantha Hinkemeyer <Samantha@jdalaw.net>
Subject: RE: Meeting
Hi David – for the most part, they have just reorganized the existing gas franchise agreement. I’ve
made a few revisions based upon the fact that we already have a franchise fee in place and that it is
paid monthly.
Section 3.4 – just flagged the one year period as I was not certain if the city requires all other ROW
users to give us 1 year or 2 years of maintenance when they dig up our streets. We had 2 years in
the current franchise.
Section 4.1 I’ve highlighted new language on relocation. I’ve copied Randy in for comment. I am
curious if they have ever claimed that we are making them move their gas lines for “convenience”
and “not reasonably necessary for the construction of the project”. We likely want this language
out as I don’t think we want them questioning our project design and arguing we are making them
move for convenience.
Susan Dege
Jovanovich, Dege & Athmann, PA
1010 West Saint Germain, Suite 420
St. Cloud, MN 56301
(320) 230 -0203
MSBA Board Certified Real Property Specialist
From: David Murphy <dmurphy@cityofstjoseph.com>
Sent: Tuesday, July 18, 2023 1:05 PM
To: Susan Dege <Susan.Dege@jdalaw.net>
Subject: FW: Meeting
From: Osendorf, Mark F <mark.f.osendorf@xcelenergy.com>
Sent: Friday, June 16, 2023 8:47 AM
[07] Xcel Energy Franchise Agreement
1
GAS FRANCHISE ORDINANCE
ORDINANCE NO. _______.
CITY OF ST JOSEPH, STEARNS COUNTY, MINNESOTA
AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A
MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO
ERECT A GAS DISTRIBUTION SYSTEM FOR THE PURPOSES OF CONSTRUCTING,
OPERATING, REPAIRING AND MAINTAINING IN THE CITY OF ST JOSEPH,
MINNESOTA, THE NECESSARY GAS PIPES, MAINS AND APPURTENANCES FOR
THE TRANSMISSION OR DISTRIBUTION OF GAS TO THE CITY AND ITS
INHABITANTS AND OTHERS AND TRANSMITTING GAS INTO AND THROUGH
THE CITY AND TO USE THE PUBLIC GROUNDS AND PUBLIC WAYS OF THE
CITY FOR SUCH PURPOSES.
THE CITY COUNCIL OF THE CITY OF ST JOSEPH, STEARNS COUNTY,
MINNESOTA, ORDAINS:
SECTION 1. DEFINITIONS.
For purposes of this Ordinance, the following capitalized terms listed in alphabetical order
shall have the following meanings:
1.1 City. The City of St Joseph, County of Stearns, State of Minnesota.
1.2 City Utility System. Facilities used for providing non-energy related public utility
service owned or operated by City or agency thereof, including sewer and water service, but excluding
facilities for providing heating, lighting or other forms of energy.
1.3 Commission. The Minnesota Public Utilities Commission, or any successor agency
or agencies, including an agency of the federal government, which preempts all, or part of the authority
to regulate Gas retail rates now vested in the Minnesota Public Utilities Commission.
1.4 Company. Northern States Power Company, a Minnesota corporation, its successors
and assigns.
1.5 Gas. “Gas” as used herein shall be held to include natural gas, manufactured gas, or
other form of gaseous energy.
1.6 Gas Facilities. Pipes, mains, regulators, and other facilities owned or operated by
Company for the purpose of providing gas service for public use.
1.7 Notice. A written notice served by one party on the other party referencing one or
more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, 401
Nicollet Mall, 8th Floor, Minneapolis, MN 55401. Notice to the City shall be mailed to the City
Administrator, City of St. Joseph, 75 Callaway Street East, St. Joseph MN
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56374______________________________. Either party may change its respective address for the
purpose of this Ordinance by written notice to the other party.
1.8 Public Ground. Land owned by the City for park, open space or similar purpose,
which is held for use in common by the public.
1.9 Public Way. Any street, alley, walkway or other public right-of-way within the City.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the
date passed and approved by the City, the non-exclusive right to transmit and furnish Gas energy for
light, heat, power and other purposes for public and private use within and through the limits of the
City as its boundaries now exist or as they may be extended in the future. For these purposes,
Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the
Public Grounds and Public Ways of City, subject to the provisions of this Ordinance. Company may
do all reasonable things necessary or customary to accomplish these purposes, subject, however, to
such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further
provisions of this franchise agreement.
2.2 Effective Date; Written Acceptance. This franchise agreement shall be in force and
effect from and after passage of this Ordinance, its acceptance by Company, and its publication as
required by law. The City by Council resolution may revoke this franchise agreement if Company does
not file a written acceptance with the City within 90 days after publication.
2.3 Service and Rates. The service to be provided and the rates to be charged by Company
for Gas service in City are subject to the jurisdiction of the Commission.
2.4 Publication Expense. The expense of publication of this Ordinance will be paid by
City and reimbursed to City by Company.
2.5 Dispute Resolution. If either party asserts that the other party is in default in the
performance of any obligation hereunder, the complaining party shall notify the other party of the
default and the desired remedy. The notification shall be written. Representatives of the parties must
promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not
resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate
further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator
is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the
selected mediator, either party may commence an action in District Court to interpret and enforce this
franchise or for such other relief as may be permitted by law or equity for breach of contract, or either
party may take any other action permitted by law.
SECTION 3. LOCATION, OTHER REGULATIONS.
3.1 Location of Facilities. Gas Facilities shall be located, constructed and maintained so as
not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so
as not to disrupt normal operation of any City Utility System previously installed therein. Gas Facilities
shall be located on Public Grounds as determined by the City. Company's construction,
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reconstruction, operation, repair, maintenance and location of Gas Facilities shall be subject to permits
if required by separate ordinance and to other reasonable regulations of the City to the extent not
inconsistent with the terms of this franchise agreement. Company may abandon underground gas
facilities in place, provided, at City’s request, Company will remove abandoned metal pipe interfering
with a City improvement project, but only to the extent such metal pipe is uncovered by excavation as
part of the City’s improvement project.
3.2 Field Locations. Company shall provide field locations for its underground Gas
Facilities within City consistent with the requirements of Minnesota Statutes, Chapter 216D.
3.3 Street Openings. Company shall not open or disturb any Public Ground or Public
Way for any purpose without first having obtained a permit from the City, if required by a separate
ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company
shall not be more burdensome than those imposed on other utilities for similar facilities or work.
Company may, however, open and disturb any Public Ground or Public Way without permission from
the City where an emergency exists requiring the immediate repair of Gas Facilities. In such event
Company shall notify the City by telephone to the office designated by the City as soon as practicable.
Not later than the second working day thereafter, Company shall obtain any required permits and pay
any required fees.
3.4 Restoration. After undertaking any work requiring the opening of any Public Ground
or Public Way, Company shall restore the same, including paving and its foundation, to as good a
condition as formerly existed, and shall maintain any paved surface in good condition for one year
thereafter. The work shall be completed as promptly as weather permits, and if Company shall not
promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put
the Public Ground or Public Way in the said condition, the City shall have, after demand to Company
to cure and the passage of a reasonable period of time following the demand, but not to exceed five
days, the right to make the restoration at the expense of Company. Company shall pay to the City the
cost of such work done for or performed by the City. This remedy shall be in addition to any other
remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any
requirement for Company to post a construction performance bond, certificate of insurance, letter of
credit or any other form of security or assurance that may be required, under a separate existing or
future ordinance of the City, of a person or entity obtaining the City’s permission to install, replace
or maintain facilities in a Public Way.
3.5 Avoid Damage to Gas Facilities. Nothing in this Ordinance relieves any person from
liability arising out of the failure to exercise reasonable care to avoid damaging Gas Facilities while
performing any activity.
3.6 Notice of Improvements. The City must give Company reasonable notice of plans for
improvements to Public Grounds or Public Ways where the City has reason to believe that Gas
Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and
character of the improvements, (ii) the Public Grounds and Public Ways upon which the
improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will
start the work, and (v) if more than one Public Ground or Public Way is involved, the order in which
the work is to proceed. The notice must be given to Company a sufficient length of time in advance of
the actual commencement of the work to permit Company to make any necessary additions, alterations
or repairs to its Gas Facilities.
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Commented [SD1]: Is this consistent with other ROW user
requirements?
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SECTION 4. RELOCATIONS.
4.1 Relocation of Gas Facilities in Public Ways. If the City determines to vacate a Public
Way for a City improvement project, or at City’s cost to grade, regrade, or change the line of any Public
Way, or construct or reconstruct any City Utility System in any Public Way, it may order Company to
relocate its Gas Facilities located therein if relocation is reasonably necessary to accomplish the City’s
proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Gas
Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a
City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or
reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of
the same Gas Facilities, which was made at Company expense, the City shall reimburse Company for
Non-Betterment Costs on a time and material basis, provided that if a subsequent relocation is required
because of the extension of a City Utility System to a previously unserved area, Company may be
required to make the subsequent relocation at its expense. Nothing in this Ordinance requires
Company to relocate, remove, replace or reconstruct at its own expense its Gas Facilities where such
relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not
reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or
other City improvement.
4.2 Relocation of Gas Facilities in Public Ground. City may require Company at
Company’s expense to relocate or remove its Gas Facilities from Public Ground upon a finding by
City that the Gas Facilities have become or will become a substantial impairment to the existing or
proposed public use of the Public Ground.
4.3 Projects with Federal Funding. City shall not order Company to remove or relocate
its Gas Facilities when a Public Way is vacated, improved or realigned for a right-of-way project or
any other project which is financially subsidized in whole or in part by the Federal Government or
any agency thereof, unless the reasonable non-betterment costs of such relocation are first paid to
Company. The City is obligated to pay Company only for those portions of its relocation costs for
which City has received federal funding specifically allocated for relocation costs in the amount
requested by the Company, which allocated funding the City shall specifically request. Relocation,
removal or rearrangement of any Company Gas Facilities made necessary because of a federally-
aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as
supplemented or amended. It is understood that the rights herein granted to Company are valuable
rights.
4.4 No Waiver. The provisions of this franchise apply only to facilities constructed in
reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained
by Company for installations within a Company right-of-way acquired by easement or prescriptive
right before the applicable Public Ground or Public Way was established, or Company's rights under
state or county permit.
SECTION 5. TREE TRIMMING.
Company is also granted the permission and authority to trim all shrubs and trees, including
roots, in the Public Ways of City to the extent Company finds necessary to avoid interference with the
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Commented [SD2]: New language.
Formatted: Highlight
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proper construction, operation, repair and maintenance of Gas Facilities, provided that Company shall
save City harmless from any liability in the premises.
SECTION 6. INDEMNIFICATION.
6.1 Indemnity of City. Company shall indemnify, keep and hold the City free and
harmless from any and all liability on account of injury to persons or damage to property occasioned by
the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas
Facilities located in the Public Grounds and Public Ways. The City shall not be indemnified for losses
or claims occasioned through its own negligence except for losses or claims arising out of or alleging
the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The
City shall not be indemnified if the injury or damage results from the performance in a proper manner
of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or
directed by City after notice of Company's determination.
6.2 Defense of City. In the event a suit is brought against the City under circumstances
where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City
in such suit if written notice thereof is promptly given to Company within a period wherein Company
is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will
thereafter have control of such litigation, but Company may not settle such litigation without the
consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third
parties, a waiver of any defense or immunity otherwise available to the City and Company, in
defending any action on behalf of the City shall be entitled to assert in any action every defense or
immunity that the City could assert in its own behalf.
SECTION 7. VACATION OF PUBLIC WAYS.
The City shall give Company at least two weeks prior written notice of a proposed vacation of
a Public Way. Except where required for a City improvement project, the vacation of any Public Way,
after the installation of Gas Facilities, shall not operate to deprive Company of its rights to operate and
maintain such Gas Facilities, until the reasonable cost of relocating the same and the loss and expense
resulting from such relocation are first paid to Company. In no case, however, shall City be liable to
Company for failure to specifically preserve a right-of-way under Minnesota Statutes, Section 160.29.
SECTION 8. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of this
Ordinance. Any governmental unit succeeding the City shall, without the consent of Company,
succeed to all of the rights and obligations of the City provided in this Ordinance.
SECTION 9. FRANCHISE FEE.
9.1 Fee Schedule. During the term of the franchise hereby granted, and in lieu of any
permit or other fees being imposed on the Company, the City may impose on the Company a
franchise fee by collecting the amounts indicated in a Fee Schedule set forth in a separate ordinance
from each customer in the designated Company Customer Class. The parties have agreed that the
franchise fee collected by the Company and paid to the City in accordance with this Section 9 shall not
exceed the following amounts:
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Class Fee Per PremiseMeter Per Month
Residential $1.00
Commercial Firm Non-Demand $1.75
Commercial Firm Demand $10.00
Small Interruptible $.005 per therm..05 % of net receipts
Medium and Large Interruptible $.005 per therm .05% of net receipts
Firm Transportation $.005 per therm .05% of net receipts
Interruptible Transportation $.005 per therm .05% of net receipts
9.2 Separate Ordinance. The franchise fee shallhas been imposed by a separate ordinance
duly
adopted by the City Council, which ordinance shall not be adopted until at least 90 days after written
notice enclosing such proposed ordinance has been served upon Company by certified mail. The fee
shall not become effective until the beginning of a Company billing month at least 90 days after
written notice enclosing such adopted ordinance has been served upon Company by certified mail.
Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in
regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to
implement a separate ordinance will commence until this Ordinance is effective. A An amendment to
the separate ordinance which imposes a lesser franchise fee on the residential class of customers than
the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the
fee imposed on each other customer classification is reduced proportionately in the same or greater
amount per class as the reduction represented by the lesser fee on the residential class.
9.3 Collection of the Fee. The franchise fee shall be payable quarterlymonthly and shall be
based on the amount collected by Company during complete billing months during the period for
which payment is to be made by imposing a surcharge equal to the designated franchise fee for the
applicable customer classification in all customer billings for gas service in each class. The payment
shall be due the last business day of the month following the period for which the payment is made.
The franchise fee may be changed by ordinance from time to time; however, each change shall meet
the same notice requirements and not occur more often than annually and no change shall require a
collection from any customer for gas service in excess of the amounts specifically permitted by this
Section 9. The time and manner of collecting the franchise fee is subject to the approval of the
Commission. No franchise fee shall be payable by Company if Company is legally unable to first
collect an amount equal to the franchise fee from its customers in each applicable class of customers by
imposing a surcharge in Company’s applicable rates for gas service. Company may pay the City the fee
based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds
and correction of erroneous billings. Company agrees to make its records available for inspection by
the City at reasonable times provided that the City and its designated representative agree in writing not
to disclose any information which would indicate the amount paid by any identifiable customer or
customers or any other information regarding identified customers.
9.4 Terms Defined.
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9.4.1 “Customer Class” shall refer to classes listed in the Fee Schedule and as
defined or determined in Company’s gas rate book on file with the
Commission.
9.4.2 “Fee Schedule” refers to the Schedule in Section 9.1 setting forth the various
customer classes from which a franchise fee would be collected if a separate
ordinance were implemented immediately after the effective date of this
franchise agreement. The Fee Schedule in the separate ordinance may include
new Customer Classes added by the Company to its gas tariffs after the
effective date of this franchise agreement.
9.4.3 Therm shall be a unit of gas providing 100,000 Btu of heat content adjusted for
billing purposes under the rate schedules of Company on file with the
Commission.
9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be
effective against Company unless it lawfully imposes and the City monthly or more often collects a fee
or tax of the same or greater equivalent amount on the receipts from sales of energy within the City by
any other energy supplier, provided that, as to such a supplier, the City has the authority to require a
franchise fee or to impose a tax. The “same or greater equivalent amount” shall be measured, if
practicable, by comparing amounts collected as a franchise fee from each similar customer, or by
comparing, as to similar customers the percentage of the annual bill represented by the amount
collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any
energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not
apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically
consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from
another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to
the extent of such written consent.
SECTION 10. PROVISIONS OF ORDINANCE.
10.1 Severability. Every section, provision, or part of this Ordinance is declared separate
from every other section, provision, or part and if any section, provision, or part shall be held
invalid, it shall not affect any other section, provision, or part. Where a provision of any other City
ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall
prevail.
10.2 Limitation on Applicability. This Ordinance constitutes a franchise agreement
between the City and Company as the only parties and no provision of this franchise shall in any
way inure to the benefit of any third person (including the public at large) so as to constitute any
such person as a third party beneficiary of the agreement or of any one or more of the terms hereof,
or otherwise give rise to any cause of action in any person not a party hereto.
SECTION 11. AMENDMENT PROCEDURE.
Either party to this franchise agreement may at any time propose that the agreement be
amended to address a subject of concern and the other party will consider whether it agrees that the
amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be
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amended at any time by the City passing a subsequent ordinance declaring the provisions of the
amendment, which amendatory ordinance shall become effective upon the filing of Company’s
written consent thereto with the City Clerk within 90 days after the date of final passage by the City
of the amendatory ordinance.
SECTION 12. PREVIOUS FRANCHISES SUPERSEDED.
This franchise supersedes any previous Gas franchise granted to Company or its predecessor.
Passed and approved: _________________________, 20__.
______________________________________
Mayor
Attest:
________________________________
City Administrator
Date Published:____________________