[0:02] [Music] [0:33] [Music] [0:55] [Music] [1:11] **Mayor Jeff Weisensel:** It's like every step has to eat they shut off the HVAC somebody gets really having the right agenda I'd like to call the regular city council meeting for Tuesday August 15 2023 to order if you'll all rise and join me in the Pledge of Allegiance at this time I'd like the members from Troop 270 to come forward and lead us in that prayer our prayer pledge [1:51] **Mayor Jeff Weisensel:** Allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all thank you troop 270 is here tonight working on their citizenship merit badges and appreciate them coming out and seeing our community in action here so with that first item up is the agenda are there any additions or corrections to the agenda [2:13] **Logan Martin:** No sir. [2:16] **Mayor Jeff Weisensel:** Seeing none I move the agenda is there a second? [2:19] **Councilmember Paul Essler:** Second. [2:20] **Mayor Jeff Weisensel:** All in favor signify by saying aye. **Councilmembers:** Aye. [2:22] **Mayor Jeff Weisensel:** Opposed? The agenda's approved move on to first item [2:39] **Mayor Jeff Weisensel:** Item three presentations proclamations and acknowledgments the animal forest tonight is 2023 city of Excellence award and with that I will throw it to Logan. [2:49] **Logan Martin:** Sure I can give it a quick intro mayor mayor knows the council really excited um folks that have followed us at home and some coverage in the newspaper online we're really honored to win a league of Minnesota City cities of Excellence award in June um up in the league of Minnesota cities conference recognizing our comprehensive officer wellness program and so we've got executive director Luke Fisher from the league of Minnesota cities here and first vice president Justin Miller here as well who's a friendly face in Dakota County and but he's here tonight with his League of Minnesota City's hat on and uh they love to to formally present [3:24] this to the city council grab a photo we'll play a video um that the league put together interviewing the mayor and some officers and the chief about our program and then we cannot chat through it any further but Luke wouldn't have me happy to turn over to you. [3:36] **Luke Fisher:** Great thank you very much Mr Mayor I'm non-verse of the council it is wonderful to be here tonight to talk a little bit about some recognition that you have earned as a community for some hard work that you've done welcome before we get in uh to the recognition and the heavy lifting I thought I'd provide just a little bit of context about who we are so people understand why we're here and why I think this award is is particularly special first of all the league of Minnesota cities is an association that represents 838 out of the state's 855 cities you probably know who our largest member is [4:10] it's the City of Minneapolis with the popular population of 425 000 but our smallest member is a city of berry and I'm wondering if you have any guesses on Barry's population Berry? [4:18] **Councilmember Paul Essler:** 24. [4:19] **Luke Fisher:** 24 you're very close that's like the closest anyone's had on a first shot so I'm like good job councilmember 19 Barry has a population of 19 and as an organization we provide services to everyone from Minneapolis to Rosemont to Berry and we take that obligation that we have to our members pretty seriously we do that through research you if you've got a question you can call us we do training and conferences and you all are well known to us from that that perspective we do legislative advocacy and we've got insurance that we offer our members as well the cool thing about what we do is [4:56] we get to see the very best of the best across the state terms of Municipal leadership and we know the best when we see it and that's why we're here tonight because you guys are one of the best for the work that you've done and the the time and the effort that you've committed to one of your biggest resources your people and we're going to talk a little bit more about that next but before I turn it over to Justin here I want you to know you should all be very proud of this recognition and this is an example that other people in the state have heard about and I'd expect other people to emulate so with that Justin I'm going to turn it over to you. [5:32] **Justin Miller:** Thank you Luke and thank you mayor and Council for having us here tonight as Mr Martin said I'm Justin Miller I'm the Lakeville City administrator but also the first vice president for the League this year and it is an honor to be here at the fellow Dakota County City to be presenting this award tonight this award was first presented to the [5:43] city at the League's annual conference in Duluth this past June and I know some of you are there that Awards dinner each year the league honors projects and programs that accomplish one or more of the following objectives improve the quality of a city service develop an effective or Innovative way to solve an old or common problem modify a program from another Community organization to fit your city's needs save the city money while achieving the same or better results or involves citizens or other City staff in decision making processes Roseman is receiving the award tonight for cities over twenty thousand for your Police Department comprehensive officer wellness program as you know the program focuses on officers mental and physical health and the resiliency of their family support network your wellness program tackles the challenges of [6:28] Officer Wellness head on and supports your officers in a holistic manner making them better prepared to serve Rosemount residents with kindness professionalism and respect programs like yours require hard work commitment and enthusiasm but the results show an employee Recruitment and more importantly retention and I believe now we have a video that was shared at the conference that will better explain your program so I will. [6:59] **Video Narration (Chief Carson Thomas & Mayor Weisensel):** [Music] what we've seen with officers as a whole throughout our occupation is unprocessed trauma can result in failing marriages early retirement and even lowering the life expectancy age of those officers so our program is to emphasize officer Wellness with emotional health mental health along with physical health I think what makes our program most impactful is that it offers officers no matter where you are in your career different angles to improving their Wellness it could be a chaplain program it could be a peer support program it's the power program it's working out on duty it's a sigma heart health different people at different points in their life are going to find Value in those different [7:44] programs so I think one of the positive things that we've heard having this type of a program is it's reflected in our ability to recruit we went from 200 people that were applying to be a police officer in 2006 down to more recently we only had seven applicants we saw a rise in PTSD claims we saw a rise in suicides and we saw a rise in cardiac arrest in fact within 10 years we had to bury two of our longtime sergeants who died at ages 53 and 55. [8:12] our goal with our Administration and the city is to improve their overall culture so officers can have a long lasting career if they choose to do so with Rosemount I think admittedly one of the things I'm most proud of is is the officers of our department that created these programs and as a leader I've found value extreme value in making sure that they feel comfortable to take risks be Innovative develop new programs all communities try to drive their their benefits packages with Wellness but certainly the stressors that police have warrants a little bit more of attention most to their physical and mental health overall we have a brand new facility that start to break around here in 2023 and we're moving in 2024 and that facility really [8:58] has a wellness Focus there's a fitness center there's Wellness rooms there's space for officers to hang photos of their family at their own desk there's a defensive tactics room there's a training range there's Emergency Operations Center it's things that bring Wellness activities to the site that we think are going to make our officers successful in Marion Council I might just add real quickly your ideas have already been there's one simple hearing hack anyone can use to improve their I should add some you've already become a leader in the accounting in this some of the programs or some of the parts of this program that we're talking about tonight specifically the cardiac screening process has already been brought forward by my police officers as something that they want to implement in Lakeville so thank you for being a leader there. [9:55] **Justin Miller:** And and we have your award tonight congratulations pop down for a photo I think is the plan chief yeah no. [10:06] [Action: Group Photo] [10:32] [Applause] [10:45] **Mayor Jeff Weisensel:** So obviously we uh we thank the league for presenting this we were recognized again up in going to our annual conference that was up in Duluth and our community I think is really supportive of our police particularly we're seeing that now with the new uh building that's coming forward and maybe to explain a little bit more of the program I'd turn it over to Chief to uh to share that. [11:15] **Chief Carson Thomas:** Sure of course thank you thank you mayor members of the council thank you to Justin the league thanks for coming down to present that that's awesome so I unfortunately had to miss the the conference in Duluth it's in Prior plans and I don't often miss a plan on a fishing boat so I apologize but that's also part of my Wellness programming so no we I think the video hit on a lot [11:32] of the different programs and one of the things I just want to say today to you guys as council members in our elected officials is thank you thanks for the support um to provide those resources when we've asked um you don't have to do that we provided the statistics we showed the data and you guys have always been supportive so I appreciate that and then to our officers I'm not going to stand up here and take credit for the sigma heart health program what they've done with the Chapman program they're working out on duty they've come forth with those ideas as innovators as change agents in our department and that's what that's what you want as a leader you want people that are hey we see a problem let's fix it they don't wait for someone else to do it and so I'm just I'm proud of them and I think that our culture has formed a one that they know is focusing on their longevity and despite what you see oftentimes in the career that the [12:18] city of Rosemont is going to take care of them so thank you. [12:29] [Laughter] [12:43] **Mayor Jeff Weisensel:** Already with that that completes our presentations proclamations and acknowledgments item 3A for this evening we'll move on to item four uh public comment anyone wishing to speak on anything um items not on the currently on the agenda may do so at this time please state your name address and if you can limit your comments for questions to three minutes or less so with that the floor is open the podium you can step forward. [13:19] **Mayor Jeff Weisensel:** Seeing no one making a Mad Dash towards the podium will consider the public comment completed that completes four responses to any public comment previously we have not we have nothing in the uh the bin to share out tonight so five is also completed and we'll move on to the consent agenda item number six before us tonight we have bills listing minutes of our August second regular and work session approval of a subdivision agreement for roscott place a donation acceptance from Minnesota Energy Resource gymnast LLC escrow agreement the amended resolution authorizing inner fund loan for Osprey TIF district resolution and consent order imposing a [14:04] civil penalty on one of our local businesses the Halloween event service agreement lifetime facility bids are being accepted conveyance of Outlet a Ridge Valley first edition Arden place first and second edition accepting of improvements Council wish to anyone on Council wish to push any of these items for further discussion? [14:15] **Councilmember Paul Essler:** I'll pull e e. [14:17] **Mayor Jeff Weisensel:** Anything else? [14:18] **Councilmember Paul Theisen:** And then I was going to pull g g. [14:19] **Mayor Jeff Weisensel:** All right with that would anyone like to move the consent agenda with item six e and G pulled for further discussion? [14:26] **Councilmember Paul Essler:** So moved. [14:28] **Councilmember Tami Klimpel:** Second. [14:32] **Mayor Jeff Weisensel:** We have a first by Essler second by Klimpel. Roll please. [Clerk calls roll] [14:58] **Mayor Jeff Weisensel:** Consent agendas approved uh six items a through M with E and G removed for further discussion first item up is 6E Mr Essler. [15:08] **Councilmember Paul Essler:** Yep so I pulled I pulled this one just for recognition um I I don't recall seeing this on previous years that the level of two thousand dollars from Minnesota energy resources to be used for the fall food truck festival expenses is this the first year they've done this before? Directed to Mr. Schultz. [15:30] **Dan Schultz:** Thank you Mr mayor council members um this is the first year that they've made a donation to the event typically we have not had to rely much [15:43] on local businesses to get involved we haven't been real active in looking for for sponsors we've changed that this year so we started picking up some support I think I was talking with them I think you might have been at the state of the City address just having a conversation with one of those staff people they were wondering if there's something they could do in the community to get more involved and I brought up the food truck Fest they said let's do it went online to their website applied for a grant got a call back probably about a week later and that's great they're going to support us so that's awesome. [16:29] **Councilmember Paul Essler:** Yep. All right thank you yeah because I mean they've shown up quite a bit on a regular basis you know Minnesota energy resources shows up they they support the community in a pretty big way I just wanted to call them. [16:30] **Dan Schultz:** Yeah it was just one of those small connections we made just being at the same event and and just having a conversation about what you know what's going on in Rosemount and how we're growing and doing so many fun things and they like you said they want to get more involved and they're already doing a lot but they wanted to get a little bit more involved and so yep I threw out the opportunity the food truck Fest and they they jumped at it great Community partner. [16:55] **Councilmember Paul Essler:** Yep. All right thank you. [17:01] **Mayor Jeff Weisensel:** Any other comments or questions from the rest of council if not would you like to entertain the... [17:05] **Councilmember Paul Essler:** Yep I'll make a motion to approve the acceptance and expenditure of two thousand dollars from Minnesota energy resources to be used for fall food truck festival expenses. [17:15] **Councilmember Tami Klimpel:** I'll second. [17:18] **Mayor Jeff Weisensel:** Motion by Essler second by Klimpel. Roll please. [Clerk calls roll] [17:21] **Mayor Jeff Weisensel:** 6 e is approved five zero that will move on to 6G. [17:25] **Councilmember Paul Theisen:** Yeah so I was just um pulled this one just uh just to get clarification this is in regards to just a TIF district related to project Osprey um just uh we didn't get a chance to talk earlier I just wanted to so we're just amending essentially that just to make an adjustment? [17:42] **Logan Martin:** Yeah mayor members of the council um we can chat through this one briefly um so yes if project Osprey as folks will remember is the was the code name project for what became Home Depot the Distribution Center over on highway three um to fund the extension of Business Parkway the city did attack tax increment financing arrangement to fund the roadway project the bids for that [18:08] project came in a bit higher than expected with we developed the Tiff agreement inflation covid etc and then the bids came in a bit higher so this amendment allows the city to get fully refunded for the cost that it spent on the roadway they just were more than what we had listed in the original agreement so I'm hoping that explained that well Adam. [18:24] **Adam Kienberger:** Yeah typically what you do so you can see within the amended resolution that advance of up to two and a half million dollars you always give yourself enough cushion to cover any additional expenses so you don't have to amend an amended resolution down the road if those costs are even higher as you service that Tiff District so it's it's all within kind of what was planned and anticipated the as administrator Martin noted the downside is that the project bid came in higher than anticipated when that Tiff [18:54] agreement was originally formulated with project osprey. [19:02] **Councilmember Paul Theisen:** Okay and I apologize because I'm you know this was a little some of this happened right before I joined Council so no problem appreciate that yeah just what you can do. [19:04] **Mayor Jeff Weisensel:** Any other questions or comments from the rest of council seeing none who move the recommended action? [19:08] **Councilmember Paul Theisen:** Yeah I'll recommend the action to motion to adopt the attached resolution amending resolution number 2021-83. [19:16] **Councilmember Heidi Freske:** Second. [19:18] **Mayor Jeff Weisensel:** Motioned by Theisen second by Freske roll please. [Clerk calls roll] [19:41] **Mayor Jeff Weisensel:** In that dark passes 6g 5-0 and that completes our consent agenda items for this evening we'll move into public hearings the first item up is 7A moratorium on the operation of cannabis businesses and we'll start with Miss Fasbender. [19:50] **Erin Fasbender:** Yep I'll start it so thank you mayor and members of the council so basically here I'll start out by providing an overview of this item and then allow any additional comments they may have missed or unable to answer to our other staff members who also assisted with this update that we have here in addition we also have our City attorney here as well as we've all been working on this collaboratively over the past several weeks and months this discussion has been going on through the 2023 legislative session as the state [20:27] legalized adult use cannabis and permitted the sale of products as of August 1st of this year So currently under the act it provides the cities The Authority related to cannabis businesses to either or to allow all the following to require local registration of certain cannabis businesses operating retail establishments to adopt reasonable restrictions of operations of cannabis businesses to also limit the number of certain cannabis businesses based upon the population of the city and then also prohibit the operation of cannabis businesses within certain districts or within certain areas of schools daycares residential facilities or in rejection within a public park that is regularly used by minors so for example any [21:12] playgrounds or athletic fields based upon these the legislative session and the direction that a staff has discussed our City attorney also is recommending we adopt a moratorium to allow staff and the city council the opportunity to further review the yet drafted state level administrative rules that they're currently working on to provide us the time to have further discussions with Council about what the regulations you know if any should look like for Rosemount this moratorium would go through early 2025 but of course that the state completes any of this work of forming a new agency to regulate the and distribute businesses the city at any time can terminate this moratorium prior to its current date of of early 2025. [21:59] before adopting an interim ordinance state law requires that the city must hold a public hearing on on this issue notice of this public hearing here tonight was published as required so before you tonight the two items that Council will have is first to open up the public hearing and then second pending any comments from the public or Council to take action on approving this interim and this ordinance excuse me establishing a moratorium on the operation of cannabis businesses until January 1 of 2025 unless of course repealed earlier by the city council basically that's what I have for you at this point but if you do have additional questions as I had mentioned we have other staff members here or City attorney that can answer any questions that I of course cannot. [22:47] **Mayor Jeff Weisensel:** All right so before I open the public hearing open up to council any questions before we open up the public hearing looking left right any questions at this time all right so with that I'll open the floor to public hearing as stated before anyone wishing to speak on this particular topic may do so by coming forward to the podium state your name and address and try to limit your comments to three minutes or less. [23:21] **Mayor Jeff Weisensel:** Anyone wishing to speak on this topic may do so at this time going once twice seeing no one come before the Council on the floor at this time I'll move to close the public hearing is there a second? [23:44] **Councilmember:** Second. [23:46] **Mayor Jeff Weisensel:** Motion been made in the second to close the public hearing role please. [Clerk calls roll] [23:53] **Mayor Jeff Weisensel:** Public hearings closed back to council any discussions or comments or anyone you want to hear from anything on the moratorium? [24:06] **Councilmember Heidi Freske:** My only question would be for Mr Martin if we know if other communities in Dakota County are kind of following the same suit just we're not an outlier we're kind of doing the same thing as other communities as we try to get our arms around what this is or what this can turn into? [24:19] **Logan Martin:** Yep mayor members Council it's a great question and yes uh we will not be an outlier I think that I can confidently say to my knowledge every city in Dakota county is doing a moratorium um and and City attorney Tiegen can comment too because she's yeah I got can [24:40] you know uh Connections in in the City attorney industry throughout the the Metro I think as we all wait for the state of Minnesota to turn up a new agency to handle this to a new administrative rules and processes we're all sitting here waiting and so the the recommendation of of numerous City attorneys from firms across the country or the the state has been just do the moratorium to give the city or this the state the the time to do this work so um so yes we will not be an outlier and this is a very normal action um we we intend to uh based on our population we'll have three licenses three licensed businesses in in the city of Rosemount it's one per 12 500 so because we're above 25 000 we're gonna Round Up is the recommendation to have [25:28] three licenses um and that we are prepared to do that and there's certain reason to block to that it's it's rather just a uh a chance to get the rules in place and get the state agency in place for us to uh have that backing because we are not in the industry of regulating these businesses so do you have anything you want to add? [25:40] **Mary Tiegen (City Attorney):** Mayor and Council just a couple things to clarify and and city clerk did a great job of just giving the summary the moratorium as the council might know um last year the legislative legislature legalized what are commonly known as Edibles and this moratorium does not apply to those products okay so those are legal can be sold and Rosemount does currently doesn't have any restrictions [26:13] on the sale of those products they're usually in the form of gummies and beverages primarily so this this doesn't apply to that this is a moratorium on cannabis adult use cannabis retailers and businesses so that's one clarification and then the other thing and Mr Martin noted about the number of businesses within the city that is an option for the city to put a limit on the number based on population but it's not a requirement so but that's that's one thing that that the council policy makers we will have to discuss um and then there was something else I was going to mention and oh [26:59] ultimately the state of Minnesota will be licensing cannabis businesses and so once the state agency is up and running and fully staffed and the state has done its rulemaking which from what I'm hearing is they're anticipating later next year or early 2025 for that to happen but the state will ultimately be the the licensing entity although businesses will have to register with the city but cities really have limit pretty limited Authority in this area aside from Zone being able to Zone and potentially limit the number of businesses so that's just [27:46] a little more information. [28:13] **Mayor Jeff Weisensel:** So just to follow up on your second point so the the one for twelve thousand five hundred is that just a guideline uh city are you saying that cities cities are entitled to do they can do zero they can do five depending on the population I mean is it really purely up to us not just kind of a guideline? [28:22] **Mary Tiegen:** You can't do zero because you can't ban them okay you will have the option to limit the number of licenses based on your population and the the way the legislation is written it's a little unclear as far as the number but we're hoping that the state rules will clarify that um but so you can't be you can't have zero you can limit potentially limit to two or three based on our population or you [28:34] can allow as many as you want okay um but you know I think that a lot of cities are discussing the option of limiting the number of business. [29:05] **Mayor Jeff Weisensel:** So just just again we could do zero? [29:09] **Mary Tiegen:** We can't do zero. You have to do a minimum of one per every 12,500. That’s the minimum unless you choose a moratorium and you don’t allow it at all. [29:15] **Mayor Jeff Weisensel:** But you can't... [29:16] **Mary Tiegen:** During the moratorium no businesses can can start in the city okay it's the time where the staff and the council are going to study the issue and figure out what the rules should be once the moratorium is lifted on January 1st 2025 or before [29:22] then then the council in the meantime the council will probably have had a discussion about what it wants to do and you will have the option of enacting an ordinance that says okay you know we want whatever the number ends up being you know depending on the clarification from the legislature. [29:35] **Mayor Jeff Weisensel:** So as of right now it's either three or more? [29:38] **Mary Tiegen:** Yeah it defaults to the 12-5 determination correct okay. [29:53] **Councilmember Tami Klimpel:** Commissioner first point so you had mentioned the state won't have this um this agency up and running until late 24 or early 2025 and they are responsible for doing the licensing so if we didn't have the moratorium could a business really sell right now [30:08] anyway with with all of that infrastructure not in place right? [30:13] **Mary Tiegen:** No that's a very good point and a very good question um no a business could not because they need a license from the state okay as a practical matter you know even if you didn't adopt the moratorium chances are you know you'd still have time but I think in part the moratorium gives the city an enforcement tool okay because if you did have a business that tried to open let's say illegally without the proper licensing the moratorium gives you the ability to have some enforcement there on the local level okay so I think that's one benefit of having a moratorium okay thank you that's helpful. [30:45] **Mayor Jeff Weisensel:** It feels like the rules because we really don't have any rules right now it's kind of wild wild west out there business could start all of a sudden selling and be unlicensed but they would maybe take the position that since there's no rules requiring them to have a license they could actually sell. [31:02] **Mary Tiegen:** No state law says they have to have a license and they can't start a business until it gives them a license that is in the law what would this also protects though at least until they know for sure is if the state got it got the department up and running before January 1 of 2025 and immediately they could apply and then then we're on the hook for well if you still have your moratorium [31:39] in place you know they couldn't start up business in Rosemont until yeah but if we didn't have the moratorium and they they had the correct they had it up and running and somebody came and then they'd be able to be in business yes okay. [31:47] **Councilmember Paul Theisen:** Councilmember Tyson yeah so I have a question maybe Chief might be able to answer this a little bit better but you brought up the the the the gummies I believe or or the the CBD drinks and some of the things that are already being sold in the city correct or or if there are vendors or maybe there aren't I'm just making sure like there's a distinction because this says in the moratorium cannabis flower I'm not sure I'm pretty naive with this but like the vape pens or any of that is there [32:27] oh there maybe not you're not even aware there are a few different businesses in town I mean I've been in other cities where they have you can see they're selling THC drinks I'm not sure if that's going on in some of our establishments or not I haven't been to everyone um to check that so but I do know we don't have anything currently and correct me if I'm wrong but that would regulate or prevent that so so this moratorium though is is on on a different correct. [33:04] **Logan Martin:** Yep just just on the Cannabis side okay and I think the flower we're all learning the terminology together but the Cannabis flower is the smokable vapable type pieces is our understanding so this to Mary's point this isn't if somebody is currently selling the gummies this [33:12] isn't stopping them from selling the gummies or the THC infused drink this is this is what just became legal on August 1st which was the Cannabis flower because gummies were legal I think previously to my to my knowledge so last year sure was that last year so that that's yeah and and vaping is classified as smoking so we're going to get to the next item and we talk about no uh the public hearing and smoking in public places that includes vaping. [33:40] **Councilmember Paul Theisen:** Gotcha okay thank you. [33:43] **Mayor Jeff Weisensel:** So mayor just like kind of wrap it up maybe but the the what staff would intend to do then is to continue to research what other cities are doing what best practices are with the help of of Kennedy engraven and Mary Tiegen here um and then come back to the council with a proposed um plan [33:58] um so this gives us the chance to do that and then also just really wait for the state to finish their work so and I also understand we would be utilizing resources based on the league of Minnesota cities and kind of their experience and what they're seeing as well as as part of that uh process I guess of Investigation right any other questions comments all right would anyone wish to move the recommended action. [34:15] **Councilmember Paul Essler:** I'll make a motion to approve an interim ordinance establishing a moratorium on operation of cannabis businesses until January 1st 2025 and that's repealed earlier by the city council. [34:33] **Councilmember Heidi Freske:** Second. [34:36] **Mayor Jeff Weisensel:** Motion by Essler second by Freske. Roll please. [Clerk calls roll] [34:43] **Mayor Jeff Weisensel:** Motion passes for the moratoriums uh item 7a 5-0 a complete 7A and we'll move on to 7B 7B is back to miss Fasbender. [34:49] **Erin Fasbender:** Yes thank you again uh mayor members of the council so again I'll just start off with providing an overview of this item and then allow additional comments again to our other staff members and City attorney as again we've all been working on this topic as well over the past several weeks so as of August 1st Minnesota law now permits an individual 21 or older to possess or transport up to two ounces of adult use cannabis flour in a public place the state of [35:38] Minnesota recently approved amendments for this regulation of adult use cannabis specifically laying out that the law authorizes cities to adopt an ordinance establishing a petty misdemeanor offense for a person who unlawfully uses cannabis products in a public place So currently under state law a person may not consume these products at any location where smoking is already permitted prohibited excuse me underneath the Clean Indoor act which is the act that protects the public from health hazards of second-hand smoke so for example restaurants offices space and so forth in addition the language currently states that anyone 21 or older may use adult use cannabis in the following locations so this is all allowed as of today which is the a [36:25] private residence a private property not generally accessible by the public or the premises of an establishment or event license to permit on-site consumption um so as we've been discussing over this past several weeks staff is recommending adopting an ordinance establishing a petty misdemeanor offense for a person who unlawfully uses cannabis in a public place based upon research and feedback that we've received from neighboring cities staff would propose to define a public place as property owned leased or controlled by a governmental unit so this would cover our Parks Trails facility grounds so like Community Center Staples Center ball fields Etc and this is a discussion that you know will be ongoing here so tonight we're [37:11] just looking to open up a public hearing receive feedback and then based upon any feedback that we received tonight staff in collaboration with their City attorney will create an ordinance to bring back to you in the future to help regulate this adoption of an ordinance to help regulate the use of cannabis in the public area so again we will ask to open up a public hearing receive comment and then open up the floor to use council members as well to have further discussion and of course ask any additional questions among staff in the city of Journey thank you any questions or comments for the clerk council members before I open up the public hearings. [37:54] **Mayor Jeff Weisensel:** Well with that we'll move to or I'll open up the public [37:57] hearing the floor is open anyone wishing to speak on this may do so by coming forward to the podium state your name and address and limit your comments to three minutes or less so with that the podium is open don't rush. [38:27] **Mayor Jeff Weisensel:** Anyone wishing to speak on this topic may do so at this time going once twice seeing no one at this time will move to close the public hearing is there a second? [38:43] **Councilmember:** Second. [38:45] **Mayor Jeff Weisensel:** I have a motion and second on the floor to close the public hearing role please. [Clerk calls roll] [38:59] **Mayor Jeff Weisensel:** Hearings closed 5-0 questions comments for staff on what we have before us I'll start just for a point of clarification I know to council member Fresco's point we don't want to be an outlier next to our our neighbors can you explain kind of what our our different neighboring communities are doing specifically. [39:18] **Logan Martin:** Yeah thanks mayor members of the council um this is a similar answer to what I gave just a couple of minutes ago we've been closely discussing this with our with our colleagues throughout the county and folks you've seen on some media and other Council agendas that I know you folks track that it sounds like um a [39:45] number of our neighbors have already implemented a no smoking in public parks just a general blanket I think I'm Mendota Heights uh off the top of my head did a just blanket no smoking which covers anything you might be smoking other cities are still researching it as we are proposing to can you continue doing here for the next month or so and then others have done just no cannabis smoking in public parks and not looping the tobacco issue in with it and so um regardless if you folks direct staff to land on no cannabis or no smoking you will not be an outlier in in the county we can come back to you with a with a direct count of kind of the 11 major cities um my gut tells me that the majority of those cities are leaning towards the no cannabis item and not the no smoking item um we can follow up with you and fill [40:31] you in on that um but at this point would appreciate any initial Direction I think as as staff have have talked internally um we've had a pretty robust conversation amongst park and rec police Community developments the clerk's office Etc um on the best way to handle this and and um at this point you know the staff's opinion that perhaps that the Cannabis seems to be the focus of the of the recent legislation and there's maybe less need to focus on Tobacco um but again open to feedback on that um I think the differentiation that we have made on the cannabis versus tobacco thing is first of all tobacco cannabis is what recently receive legalization tobacco has been been around for for quite a while and then really and the focus of kind of the state law and the legislature and other [41:17] analyzes that I've read is really the the more direct intoxicating Factor associated with cannabis as compared to a thing like tobacco and so um maybe just to help you frame your your mind on where you'd like to talk about it here for the next few moments and direct staff um that's kind of a differentiation that we have made as is do you do we go after everything and the notion being that um you know parks are places meant for exercise and and fresh air and maybe smoking in general is is antithetical to what you should be doing in a park or um is that too broad and maybe what just became legal as cannabis what's more intoxicating is cannabis and we get direction from you to focus on cannabis so um those are kind of the two Pathways that we see forward um but would love to hear um feedback. [42:04] **Councilmember Paul Theisen:** Yeah I was just going to say in in the you know in in this you know what um uh Aaron had just gone through we were talking about Parks Trails we're talking about RCC steeple Center the ball fields all of those places are kind of non-smoking locations already aren't they? [42:25] **Logan Martin:** Do you see there's no smoking in our CC steeple Center on the grounds I think you could you know I think folks could leave a wedding and smoke outside of a wedding at steeple or RCC and you could smoke you know a cigarette uh during your son's baseball game or what have you right now so um they we do allow you know allows maybe an aggressive term but part smoking in Parks is a lot of tobacco. [42:45] **Councilmember Paul Theisen:** I guess I guess the reason why I say that is some of this kind of takes care of the a little bit of the the I [42:49] mean I I think the Cannabis is definitely where we go I I would just suggest that staff looks at like I love that idea of getting the number of what the local other communities are doing just to get a a consensus but but also I think the Cannabis is the the priority here for sure to really kind of put some parameters around that um because some of this is already you know what I mean the the smoking outside uh RCC or one of these government areas I I don't know if we want to get down that road that's up to the rest of the council but I guess my focus would be specifically for me is just really the Cannabis in the park like we don't want people I don't think you know smoking in a park in in front of other you know kids and families that type of thing. [43:35] **Mayor Jeff Weisensel:** Councilman Essler. [43:37] **Councilmember Paul Essler:** Yeah I would agree with with uh um councilman Tyson I I think it's it's important to keep track of what the neighbors are doing I mean Dakota county is a relatively small relatively small small community and you know we've got residents that visit other parks and I think it's just important to keep tabs on it not to say that we need to follow suit always but I think it's important that we're at least made aware of what their what their policies are if they change from where they're at today and definitely and from a business you know kind of business competitive standpoint and that's been a focus of ours too and just to give maybe a bit more color here as you're thinking through it um you know as I we've we've talked to my colleague in Lakeville who was here earlier tonight you know one of their conversations has been about the [44:20] differentiation between trails and sidewalks and we're going to want to talk through it I think with the city council just because downtown Lakeville for example I know during their meeting they discussed um the fact that a sidewalk is running right in front of a business owner's proper a front door right front door B-52 is the front door of Lakeville Brewery or whatever do we want our business owners to need to regulate what's happening on that public sidewalk and so um I think we'll work with Mary and come up with a definition of potentially you know Trail versus sidewalk and do we want to do we want to battle the sidewalk battle versus the trail battle um you get a bit deeper on it too in terms of I mean folks live in an apartment um and that's not allowed in the grounds of the apartment then now the sidewalk is is potentially the only place they [45:06] have to go to exercise this right that the state of Minnesota has granted to them which has been an interesting kind of equity issue that's been discussed at the state level and on some media Outlets which I think is an important angle to remember that those of us that are fortunate to be homeowners you've got your property to do it upon if you're maybe not a homeowner now where are you allowed to to do it and so um we'll we'll want to guide the council through the sidewalk versus Trail conversation a little bit as well. [45:40] **Councilmember Paul Theisen:** Oh but along with that though I think we would or I would really like to get the police chief and and the the officers to try to protect them too like how is this you know what I mean when we talk about Trail versus sidewalk how's that going to be is that going to be more difficult I would love their their feedback on really what how can we make their lives easier with this I mean once again [45:51] leading with positive intent leading with trying to do good what's for the full community trying to see what other communities are doing but but also making sure that we're not disadvantaging our officers and our people that are working for our people. [46:15] **Logan Martin:** Sure. [46:21] **Councilmember Heidi Freske:** Looking up no I I was just having a side conversation with Miss Fassbender too I think um one thing we need to be mindful of is I I want more information but I would assume like the City of Minneapolis and the city of Saint Paul they won't have restrictions right it is a now a legal right for the state of Minnesota I don't foresee them restricting anything in their Parks or Trails we don't know that yet but it's just something to be mindful of to get the full Viewpoint of the Twin Cities area as we're making these decisions as [46:37] well. [46:53] **Mayor Jeff Weisensel:** Is I'm going to go and ask uh two people to come forward to speak a little bit first director of parks Dan Schultz thoughts on um I guess we got a couple things here and I know we're going to dig into it a little deeper but some initial thoughts on uh restricting smoking altogether or restricting just cannabis and thoughts okay. [47:24] **Dan Schultz:** Mr mayor council members currently we have a policy on the books it's not an ordinance it's not something that we can go out and necessarily enforce but we have a policy that we adopted several years ago through the the tobacco Alliance uh non-smoking tobacco Alliance in Minnesota we did that when when youths our youth are present our youth sports or youth activities are present so we have that policy you'll see if you go by a lot of our backstops you'll see these signs which relate to no no tobacco use and that covers not just smoking but also chewing correct tobacco use yeah correct and so I I think like our city administrator mentioned we currently don't really see any issues in our parks with with smoking we don't it's just not you might have somebody who comes down during like leprechaun days or the food truck Fest or the byoc and as a cigarette you know while they're sitting [48:10] watching the band or something but it's not something we see real often in our Parks um and I know people seem to be pretty respectful of of kids and families that are in our Parks um you know when there's just adults nearby maybe at night over at the disc golf course you might you might have people that are smoking but again I think they're pretty respectful of their of their peers and the neighbors that are visiting the park with them um I think the reason why we are focusing more again on the on the Cannabis is again like Mr Martin said is it's it's the intoxicating you know nature of the of the drug and so that's why I think we're a little bit more [48:56] focused right now on that and we want to tackle that before it gets you know we get too far down the road talk about that um The Parks and Recreation Commission will have this on their agenda on whatever the fourth Monday of the month of August is to discuss that and then we'll bring back a recommendation from them also to share with you when we have our meeting um the next council meeting to talk about this and so but again I think um you know I think a lot of people have asked tonight what are our neighbors doing and I it's it's you're going to see a little bit of both you're going to see some people going after just smoking you're going to see some that are just tackling um you know the Cannabis and so um I've I've had meetings with with my peers in the park and rec field and [49:43] um like I say they're they're it's kind of a kind of a split right now not everyone has made a decision a lot of the the cities are doing just what we're doing coming to you to talk about it and then we're going to survey our peers and then we'll come back with a recommendation okay thank you yep you're welcome. [49:57] **Mayor Jeff Weisensel:** Then I'd ask Chief to come and share at least some of the things I know that we've discussed a little bit um regarding enforcement one of the things that the law does restrict us is and I can understand some people saying well why don't you just make a you know more than a petty misdemeanor which essentially is if I recall somewhere around 100 maybe 150 dollar fine um we're restricted by the state law [50:29] that we really can't do anything more than a petty misdemeanor? [50:31] **Chief Carson Thomas:** Correct yeah that's listed in the actual statute correct I guess from my perspective I just throw I think it's for sure we're going to come back with a lot of data here's what all the different cities are doing that's pretty easy to put together in Dakota County but I do know that there are there's at least one that it's not going to have any restrictions so you're going to have um from it's smoking is allowed in any public place to smoking is allowed in no public places in Dakota County so you'll see a wide spectrum but I think the majority is going to end up falling in the middle and then we're going to see the discrepancies is maybe how they Define what a public place is down to what we were discussing earlier between whether it's a sidewalk or a trail or a government-owned piece of property um in that sense one of the things that [51:16] we're keying in on uh as police officers is that it's still illegal to drive and smoke marijuana so while it's legal to use you're not allowed to drive under the influence of marijuana without getting into the how we enforce that and blood draws and search warrants and everything else that's where my mind goes uh Mr Schultz mentioned tobacco we haven't I haven't personally seen an issue with tobacco over the 18 years that I've been here that doesn't mean we recommend it to anybody but just from a from an enforcement standpoint or calls of nuisance or we don't get many involved in tobacco but we would we would like if you don't have an ordinance of any kind it restricts your ability to have any to [52:02] take any action to identify someone say there is an issue in your Park where someone is openly smoking marijuana without that ordinance in place there's we will never have the ability to take enforcement action if we need to. [52:19] **Mayor Jeff Weisensel:** So I think that speaks to while we have probably residents that are like more libertarian like don't don't put any you know any ordinance or anything to those or trying to make it as no as far as that you can keep it from actually coming into the community which that that trains kind of left the the train house already right. [52:38] **Chief Carson Thomas:** Right once departed so yeah I think the best we can do as staff is we're going to bring you guys back a bunch of information to council and show the uh the spectrum of [52:50] where we're at compared to our neighbors and we've had some good internal discussions you know the the equity piece was new to me and one of our last internal discussions that yeah that's something to think about if you're living in a an area that prohibits your use and then you also cannot use on a sidewalk well then now there's is does that create an equity issue so it's a it's an interesting discussion it's new to all of us so we'll just get as much data as we can and go from there. [53:13] **Mayor Jeff Weisensel:** Any initial questions I know we're going to sit probably through Oaks at least one work session maybe several anything for the chief while he's up here now no? [53:23] **Councilmember Paul Essler:** No nothing no just a general comment um I mean it'll be interesting you know to get information about you know what the neighboring communities are doing but it is interesting that until this issue was [53:38] raised it doesn't seem like we were interested in doing anything different with smoking cigarettes from what we have today so I I just I would just advise us to maybe be careful that we you know we don't take this issue and all of a sudden it it raises another issue that wasn't an issue before which is somewhat related but not not completely related so I just want to you know suggest that. [54:08] **Mayor Jeff Weisensel:** Why why would we I would bring forward at least um while we had some opportunities um during leprechaun days and also night to unite there were some residents that knew this was coming forward and are are of the opinion that if you're going to do one do the other um they expect expressed a strong [54:23] opinion that we shouldn't have any smoking uh tobacco or so I'm just saying that across we have across the Spectrum in our community those that want you know everything to nothing and you know that that kind of lands on us to try to ferret that out I do have two questions probably uh this Tiegen can address these a little bit in there it talks about a governmental agency um I'm curious then there are properties that are you know Community or our County um taking care of in trails that run through our community has the county [55:09] moved on anything on this year that this question is probably for Logan does are you aware of anything with the county moving forward with anything? [55:16] **Dan Schultz:** Dan I think we talked the county was doing Trails if we remember right but maybe they're still talking through it I I think the county was leaning towards trails and Parks. [55:25] **Mayor Jeff Weisensel:** Okay so as we look at neighbor um neighboring communities we also have the county to deal with this one is more of a definition of a government agency is mvta uh considered one of these governmental agencies and would regulate the park and ride that's outside of City Hall here are you mayor are you referencing language I think in the memo that talks about public places being owned by a public entity is that what you're yeah okay yeah um yeah and so I I [55:55] mvta I don't know if you have a quick opinion Mary but I they're a recipient they're like a met Transit you know they're a recipient of Transit dollars we could dig into that um we are governmental and I think that they are as well and then same with we expect the school we'll do we'll do a policy but that's a publicly owned governmental owned so school grounds would would carry over as well um if we kept the definition as presented where it's a public a public entity but I think it will that that will be one of the big questions is how you define public place for this ordinance right and so there's a whole variety of approaches being taken out there by cities some and this is maybe repeating what's already been said but some are [56:40] just limiting it to public parks and it would be you know Trails within the parks or anything within the park boundaries so some cities are taking that approach some cities I think like Duluth which was in the news right or saying nowhere you know no public place basically so it really that will that's one of the policy questions for you all to think about is just how do you define that where do you want to prohibit that the act of smoking I think and it doesn't sound like it's clear but at least understanding those type of I'll call them quasi um agencies some that are they're not people aren't really elected but like mvta there's elected that serve in there [57:26] it is a public entity of some type and how is that defined the schools are obviously um one where you would expect that I suspect that they would because there's youth involved they're not going to want um cannabis smoked on their property anywhere um I don't know um so I guess there are some other inputs I guess that we need to kind of ferret out there from our standpoint I think I'm hearing uh at least some general direction to the uh staff to probably limit limited to cannabis and then trying to get some definitions around public spaces that we can deal [58:12] with does anybody take exception to that on Council? [58:37] **Councilmember Paul Essler:** No not this time. [58:39] **Mayor Jeff Weisensel:** Not really getting tobacco yeah uh so we're not you know we're not making any decisions we're giving direction this evening uh with that do you think that gives staff enough I feel great mayor and Council thanks for the discussion and then uh those that may be watching uh or even those here if um if there's some things that you're hearing us kind of talk and weighing you know both sides of the fence if you really have strong feelings or something and you didn't have an opportunity to speak at our public hearing tonight you most certainly go talk to your state representatives um you can talk to the house representative John Hewitt our state [58:58] senator Erin Maye Quade they were part of the legislature that put this in our lab to deal with so you certainly can talk to them and express your opinions with that if there's nothing else on uh item 7B will consider that closed for this evening there is no unfinished business new business and we are up to number 10 announcements look to the administrator Martin on City staff updates. [59:22] **Logan Martin:** Mr Mayor I think I I've got nothing for you tonight so I think I can hand the mic right back to you guys oh Mr Schultz is coming up let's let's give the mic to Dan. [59:33] **Dan Schultz:** All right Mr Mayor and council members I just want to remind [59:45] the council and the community about a few special events we have coming up here in the next uh all next month um the first one is the byoc music night which is bring your own cooler music night which is at Central Park it's this Saturday August 19th at 7 pm we have the band schizophonic which is a pop and rock music band that will be down here at Central Park and uh Fun Band I've heard them before and it's it's just an event where we just invite people to come out we'll have a couple food trucks I know for sure there's a pizza food truck coming um you know there's not a lot of vendors but it's just kind of bring your own cooler bring a lawn chair and just have a night in the park and enjoy some music [1:00:30] bring the family let them play in the playground or the splash pad and um enjoy the enjoy the night the second thing I want to draw your attention to is the fall Community tennis night which is going to be Tuesday August 22nd that event is from 5 to 6 p.m we have partnered with the girls High School tennis team to do a community uh tennis night where we invite the public in to learn more about tennis we have all kinds of Trinkets and giveaways that that we uh that we hand out and then after this the city actually will be the host for the Rosemont High School girls tennis team against the South St Paul girls tennis team and that'll be down at Central Park on Brazil I'm sorry yeah [1:01:16] I'm sorry Erickson Park tennis courts just down below where the baseball and softball complex is again 5 to 6 p.m on Tuesday August 22nd and then the last thing I want to bring up we've already talked about this a little bit tonight is the food truck Fest our fifth annual food truck Fest will be Saturday September 16th that'll be from 4 to 9 p.m we'll have 18 different vendors on site over half of the vendors this year will be new we turned over several several of the trucks just to kind of keep the event fresh and to get more food and more opportunities out there for vendors again it's an all age event the cost is free again Saturday September 16th at Central Park [1:02:02] 4 P.M to 9 P.M that's it. [1:02:08] **Mayor Jeff Weisensel:** All right thank you so you took my first item away um that completes uh City staff updates I'll look to council uh just before I do my upcoming community calendar anyone wish to share any of their collaterals any issues out there? Seeing none. All right we'll move to the upcoming community calendar as noted before the byoc Music Festival on August 19th we have Farmers Market August 22nd one to five Planning Commission August 22nd 6 30 to 7 30. here at City Hall the youth [1:02:47] commission meeting I believe is at the steeple Center 3 45 to 4 45 on August 23rd parking Rec regular meeting August 28th 7-8 also here at City Hall the farmers market again on Tuesday August 29th we have another farmer's market September 5th one to five and our next city council work session also on September 5th from 5 to 6 and followed by the city council meeting seven to eight on the 5th as well so with that is there any other business to come before city council this evening? Seeing none. With that I have a motion to adjourn? [1:03:14] **Councilmember:** So moved. [1:03:15] **Councilmember:** Second. [1:03:16] **Mayor Jeff Weisensel:** All in favor? **Councilmembers:** Aye. [1:03:17] **Mayor Jeff Weisensel:** Opposed? We were adjourned thank you. [1:03:38] [Music]