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HomeMy WebLinkAbout2023/09/18 - ADMIN - Minutes - City Council - Study Session Official minutes City council special study session St. Louis Park, Minnesota Sept. 18, 2023 The meeting convened at 5:15 p.m. Councilmembers present: Mayor Pro Tem Tim Brausen, Sue Budd, Yolanda Farris, Lynette Dumalag, Nadia Mohamed and Margaret Rog Councilmembers absent: Mayor Jake Spano Staff present: City manager (Ms. Keller), deputy city manager (Ms. Walsh), community development director (Ms. Barton), director of communications and technology (Ms. Smith), parks and recreation director (Mr. West), race, equity and inclusion director (Ms. Guess), building and energy director (Mr. Hoffman), deputy police chief (Mr. Nadem), police chief (Mr. Kruelle) Discussion item: 1. Cannabis update Ms. Walsh presented the report. She stated the policy questions are: • Does the council want to enact an ordinance related to cannabis use by adults in public places? • Does the council want to amend the city code related to the sale of paraphernalia? • Does the council want to set a moratorium prohibiting the operation of cannabis businesses? Mr. Mattick explained the information related to a moratorium. Councilmember Budd asked about growing of cannabis. Mr. Mattick stated in general this would affect retail and related businesses such as testing facilities and cannabis transport. Retail is the immediate impact to cities and the moratorium would affect mass production businesses activities. It would not impact private growing and use. Mayor Pro Tem Brausen asked for clarification around home usage and cultivation, clarifying that the proposed moratorium would apply to business activity and not personal consumption. Mr. Mattick stated a moratorium would not affect use or purchase of cannabis and added the council cannot pass anything to prohibit possession or use. Councilmember Mohamed asked if the moratorium was intended to align city codes with state law. Ms. Keller responded that the current city ordinances regarding drug paraphernalia are currently unenforceable. Mr. Mattick added that in his opinion, the ordinances were written with cannabis or marijuana in mind Once the sale of cannabis becomes legal, these mechanisms for consumption cannot be prohibited. DocuSign Envelope ID: 5551A7C4-2DF7-4CB5-9444-6CBF19CBB925 Special study session minutes -2- Sept. 18, 2023 Councilmember Rog asked if the council does not pass a moratorium would they be obligated to make zoning changes around the ordinance. Mr. Mattick stated the moratorium would allow the council to have a perspective on zoning and location. Councilmember Rog stated the proposed moratorium may present both an advantage and a disadvantage to businesses as they try to plan ahead for location and sales. Ms. Walsh stated the moratorium will allow the council to be strategic in where to allow these businesses within the city. Ms. Keller added that out-of-state businesses that are ready to speculate on location and future regulation are likely not the types of emerging businesses that the council may be most interested in supporting. Mr. Mattick added that the moratorium would allow time to gather information and consider locations, assisting businesses in being prepared for the state office of cannabis management’s later requirements. Councilmember Budd asked how the moratorium would impact cultivation locations. Mr. Mattick stated it would be like a land use permit specifically for selling cannabis. There may be peculiarities about cultivating cannabis that may require additional considerations. Councilmember Dumalag stated she is in favor of a moratorium, adding it gives the council time to study the issue as it relates to land use. She added that cities have the ability to plan the use of land, and visitors coming and going from the city. She added she has concerns about well- capitalized entities securing multiple sites versus many small businesses having an equal opportunity to participate. She stated she is supportive of all three of staff’s proposals and the clarity they give businesses in the city. Councilmember Mohamed added she is also supportive of all three of staff’s proposals. She noted that she had been under the impression that that there were city rules in place already around cannabis use in public spaces. She mentioned a conversation with a constituent with concerns about usage in a public park, so the proposed moratorium will give council time to review and prepare. Councilmember Rog asked about the paraphernalia portion and asked if these changes would take place when state law is in place in the future, or if changes are proposed for immediate implementation. Ms. Walsh responded that city staff is recommending waiting to take action until after the 2024 legislative session gives more solid direction. Ms. Keller added that currently, the city may be out of alignment with state statute as well, as state law supersedes city regulation. Councilmember Rog noted she is supportive of the moratorium and is not in favor of staff’s recommendation on use in public places. She asked whether folks who rent in multi-family units are allowed to smoke marijuana. Mr. Mattick responded that no, people who are in multi- family units are not allowed to smoke marijuana in the unit. Councilmember Rog stated that she equates cannabis with an intoxicant, and not as a smoked product. She stated that cannabis use should not be allowed in city parks in the same way that alcohol is not allowed in city parks or public places. She added that she would be looking into DocuSign Envelope ID: 5551A7C4-2DF7-4CB5-9444-6CBF19CBB925 Special study session minutes -3- Sept. 18, 2023 further information on the impacts of second-hand smoke from cannabis, and that was of lesser concern than the other effects of consuming an intoxicant. Councilmember Farris stated that in a recent visit to a city park, she took note of signs that say no smoking, so she recommends that rule apply for all smoking items, including cannabis. She noted that her expectation is for residents to be respectful in any decision for consumption or use in public spaces. Councilmember Mohamed asked whether there was any provision in state law regarding consumption or use in a public space where children are present. Mr. Mattick stated the state statute does specify where cannabis can be used. He pointed out that to make it enforceable, cities will need to create ordinances penalties and for noncompliance. He added that state statute defines noncompliant cannabis use as a petty misdemeanor with a fine, in keeping with decriminalization efforts. Ms. Keller clarified that staff’s recommendation is to continue to monitor as there have been no major upticks in usage or complaints to city staff about usage at this point. Ms. Walsh stated council will need to examine the effects of smoke or the effects of consumption, potentially including edibles. Councilmember Mohamed stated that she was in favor of the proposed moratorium to give staff time to analyze and state direction time to materialize in the 2024 legislative session. Councilmember Budd stated that homeownership presents a privilege in that residents can use cannabis in their yard and home, however in multifamily housing they are not allowed usage. She asked if the grounds in multifamily housing are considered private or public. Ms. Walsh responded that they are considered private, and the property owners’ policy prevails. Councilmember Budd asked for clarification that smoking marijuana is a violation of the Minnesota Clean Indoor Air Act, Mr. Mattick confirmed that smoking tobacco or marijuana are both prohibited in multifamily units. Councilmember Mohamed added that renters often sign a document agreeing that they will not smoke in the unit. Councilmember Budd stated that she supported all three of staff’s recommendations. Mayor Pro Tem Brausen noted comments from Mayor Spano. Mayor Spano’s notes indicated he appreciates staff wanting to take the lightest approach possible and said there are benefits to guidance. Mayor Spano indicated that he does not agree with staff’s recommendations and would like to see guidelines on where residents can be reasonably sure that they will not be exposed to cannabis use, particularly second-hand smoke. Mayor Spano’s notes indicated that he does support the paraphernalia ordinance revisions and the proposed moratorium portions. Mayor Pro Tem Brausen stated he supports all three of the policy questions from staff, and added he has been a proponent of cannabis use for a long time. He stated being thoughtful and careful about planning makes sense to him. He added that he does have concerns for those living in multi-family housing who would have a difficult time with finding a space for legal usage. If people are not allowed to use cannabis in their apartment, nor on their landlord’s property, nor on public property, then they have no space to engage in a legal activity. He stated he has had two constituents contact him to ask for use to be outlawed in public spaces DocuSign Envelope ID: 5551A7C4-2DF7-4CB5-9444-6CBF19CBB925 Special study session minutes -4- Sept. 18, 2023 due to the smell of cannabis smoke. He added there is very little evidence that second-hand smoke will result in a “high,” and asked for further information on this. Mayor Pro Tem Brausen added that it would be tough line to draw between alcohol usage and cannabis use in a public park. Ms. Keller clarified that if intoxicated behavior is such that it needs to be addressed, then it would be addressed under the existing statutes already in place. Councilmember Rog added she is not supportive of actions being complaint driven. She stated her support in creating spaces for those in need of a legal space to engage in a legal activity, noting she is comfortable with those spaces created in many places within the city. She went on to say that she is protective of city parks. She noted it feels uncomfortable with the council’s position of allowing people to smoke cannabis in city parks, adding that she sees a compromise in cannabis use in other public spaces. Ms. Walsh stated the first reading of the moratorium would be October 16, 2023 and the second would be November 5, 2023 and it would take effect December 1, 2023. Ms. Keller summarized that staff direction is: • Continue to monitor cannabis use by adults in public spaces, understanding emerging issues with the legislature and coming up with creative solutions • Staff will continue to pursue an update to the ordinance regarding paraphernalia • Staff will continue to pursue the proposed moratorium on cannabis businesses and bring it back to council Councilmember Rog asked if there is an ordinance of no smoking in city parks. Ms. Walsh stated there is no enforceable ordinance, but there is a policy of no smoking in city parks. She added there is an ordinance against alcohol in parks. Councilmember Budd asked if there were other examples of public property besides parks. Mr. Mattick responded that what constitutes a public space has evolved in the last month, including conversation around spaces like trails, sidewalks, streets and some additional spaces where the public is commonly invited. Ms. Walsh also noted potential municipal sales and asked if the council is interested in having staff pursue the research needed if the council would be interested in continuing the conversation. She noted that there would be a state application, and the city would apply alongside other businesses. The council agreed they would like to explore the possibility of municipal sales of cannabis. Councilmember Budd stated she would appreciate more information to understand the city’s history with municipal liquor stores and how they work. Mayor Pro Tem Brausen added he supports the free market and would like to favor traditionally disenfranchised applicants. However, he does want to explore the idea of municipal sales as well. DocuSign Envelope ID: 5551A7C4-2DF7-4CB5-9444-6CBF19CBB925 Special study session minutes -5- Sept. 18, 2023 Written Reports 2. Internship and career pathways approaches 3. Update on Via Sol development – Ward 2 Councilmember Mohamed referenced the career pathways report and stated she is very passionate about this program for youth and those starting careers. She highlighted items the city is doing to recruit, and added there are also opportunities within non-profit organizations that the city could partner with such as Genesis who actively recruit high school students. She added she is happy to hear there is 150% in recruitment tools. Councilmember Budd asked for clarification on the 43 new hires, whether they were brought on as interns or after their internships. Ms. Keller stated that they were hired to be interns. Mayor Pro Tem Brausen added the city is using a good job to bring in non-traditional candidates and he would like to see more non-traditional outreach to target the opportunities the city has. Ms. Keller pointed out that the new recruiter, whom Ms. Keller described as fantastic, utilizes both non-traditional outreach and traditional city government websites for the organization of applicants after outreach. Councilmember Dumalag noted the Via Sol report and asked about the updated commitments and if this is subject to requirements of the buyer. Ms. Keller stated there have been no formal requests as yet and anything at this point is speculation. Councilmember Dumalag stated she was happy to see there is a potential buyer and she appreciates staff work on this. Councilmember Rog stated she is disappointed with the long saga of this development. She stated there is speculation the e-generation and green parcel may be dropped, and she wondered what would then happen to that land dedicated for those facilities. Ms. Keller stated this will be discussed further and the city is watching this parcel. Councilmember Rog asked how these changes would help them to meet their obligations. Ms. Keller stated that will also be discussed. Councilmember Rog stated the EDA is at risk that a $500,000 loan would not be paid. Ms. Keller stated that is a risk. She noted the purpose of this report was to inform the council that if they ask for a change in terms, staff would negotiate and then bring it back to council for review. The meeting adjourned at 6:10 p.m. ______________________________________ ______________________________________ Melissa Kennedy, city clerk Jake Spano, mayor DocuSign Envelope ID: 5551A7C4-2DF7-4CB5-9444-6CBF19CBB925