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09/12/2023 - City Council SpecialMINUTES OF A SPECIAL MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 12, 2023 A Special City Council Meeting was held on Tuesday, September 12, 2023 at 5:30pm in the Eagan Room. City Councilmembers present: Mayor Maguire, Councilmembers Fields, Bakken, Hansen, and Supina. City staff present: City Administrator Miller, Assistant City Administrator Alig, Parks & Recreation Director Pimental, Parks Superintendent Fleck, Recreation Manager Mozingo, Assistant Parks & Recreation Director Flewellen, Finance Director Feldman, Police Chief New, City Planner Schultz, and Community Development Director Hutmacher. I.ROLL CALL AND ADOPTION OF THE AGENDA Councilmember Bakken moved, Councilmember Fields seconded a motion to adopt the agenda. Aye: 5, Nay: 0. Motion carried. II.VISITORS TO BE HEARD There were no visitors to be heard. III.JOINT MEETING WITH ADVISORY PARKS AND RECREATION COMMISSION (APrC) Mayor Maguire welcomed Parks & Recreation Director Pimental and invited the Commission members to introduce themselves. Parks Superintendent Chris Fleck presented the Parks Capital Improvement Plan (CIP). Mayor Maguire inquired about the gap in revenue and expenditures. Staff explained the need for a healthy fund balance in order to maintain cash flow. Recreation Manager Tanya Mozingo provided an overview of the Art House project and previewed renderings and a possible site plan. Mozingo also discussed the Goat Hill Pavilion and the Shelter Building. Assistant Parks Director Flewellen provided an update on the ECC Study. Staff expect the final report to be completed in the coming weeks. After that point staff would work with a design team to explore implementation. The Council expressed support for the 5-year CIP and encouraged staff to continue moving forward. IV.COMP GUIDE AMENDMENT: CONCEPT PLAN REVIEW (BCBS SITE) City Administrator Miller introduced the item and explained the purpose of the discussion was to provide feedback to the applicant on the concept plan and noted that no decision was required. City Planner Schultz provided a brief overview of the concept plan. The applicant and property owner were present to share additional details and seek feedback from the Council. Councilmembers discussed the plan and provided input on the concept. V.RESIDENTIAL CARE FACILITIES DISCUSSION Special City Council Meeting Page 2 City Administrator Miller stated the conversation tonight was to help provide direction to staff as the City has been approached regarding land uses that are currently not within the Zoning Code. City Planner Schultz summarized staff’s research of other cities’ approaches to intensive residential treatment service (IRTS) facilities and emergency shelters. The Council expressed a preference to allow IRTS facilities for up to 16 people in high (R-4) density zoning districts but not in medium (R-3) zoning districts. Some concerns were shared with allowing IRTS facilities in Neighborhood Business (NB) zoning districts. The council expressed support for amending the zoning code to include a definition of emergency shelter facilities and limiting them to only commercial zoning districts. The Council also discussed whether to allow residential program facilities or emergency shelters within the Public Facilities zoning district. Staff would return to Council with draft code amendments at a future workshop for further discussion before approval at a regular Council meeting. VI. PROPOSED CANNABIS POLICY City Administrator Miller introduced the item and invited Assistant City Administrator Alig to provide additional information. Alig explained as of August 1, cannabis use is allowed in public and private spaces, unless local jurisdictions take action to regulate use in public spaces. Based on conversations with public safety and the City Attorney’s office, the ordinance proposed prohibits cannabis use in public spaces. Councilmember Bakken stated while he could understand the language would make enforcement cleaner, but he pointed out that individuals are already potentially exposed to tobacco smoke, which is legal in public spaces. Bakken also noted that owners of multifamily rental housing could prohibit using cannabis in the building, leaving tenants with limited options to use cannabis legally, where residents in single family homes could use cannabis without fear of being evicted. Mayor Maguire stated he was supportive of regulating cannabis, tobacco, and alcohol in as similar way as possible. Councilmember Bakken added that violation of the ordinance as written resulting in a petty misdemeanor would create implications for federal employees, as cannabis is not legal federally. Bakken stated he would not want a local ordinance cause somebody to lose a federal job for participating in something that has been decriminalized at the state level. Mayor Maguire asked Chief New to speak to the enforcement mechanisms for the ordinance as it is written. Chief New stated the enforcement for petty misdemeanors was typically complaint driven. The ordinance serves as a mechanism for the officer who does respond to the complaint in asking an individual to move along. Mayor Maguire stated he suspects use of alcohol and cannabis already occurs in public spaces such as parks and most of the time, the City does not hear about it because the individuals are not disturbing anyone. The Mayor added that ultimately that was the goal of the ordinance, to allow use to occur so long as others ability to use spaces is not disturbed. Special City Council Meeting Page 3 Councilmember Supina inquired whether edibles could be removed from the restrictions as they do not pose a nuisance due to smoke. Mayor Maguire opined that consumption of edibles in a public space could still cause a nuisance. Councilmember Supina stated he would support removing edibles and cannabis beverages from the ordinance and adding language to regulate these within the section of City Code relating to alcoholic beverages. Chief New responded to a question regarding the public safety response to an individual who is intoxicated. The Chief responded that we are still in the early stages of decriminalization, it remains to be seen. Councilmember Hansen inquired whether other cities were taking similar approaches. City Attorney responded Apple Valley adopted a total ban, as well as Lakeville. Councilmember Hansen added that the resident feedback he’s received was supportive of a ban in public spaces. The ordinance would be brought back for a formal Council decision at a future Council meeting. VII.OTHER BUSINESS There was no other business. VIII.ADJOURNMENT Councilmember Hansen moved, Councilmember Bakken seconded a motion to adjourn the meeting. Aye: 5, Nay: 0. Motion carried. The meeting was adjourned at 8:30 p.m. ______________________ Date ______________________ Mayor ______________________ City Clerk October 3, 2023