09-13-2022 Work Session CITY COUNCIL MEETING MINUTES
Richfield, Minnesota
City Council Work Session
September 13, 2022
CALL TO ORDER
The work session was called to order by Mayor Regan Gonzalez at 6:06 p.m. in the
Bartholomew Room.
Council Members
Present:
Maria Regan Gonzalez, Mayor; Mary Supple; Simon Trautmann; Sean
Hayford Oleary; and Ben Whalen
Council Members
Absent:
None
Staff Present: Katie Rodriguez, City Manager; Mary Teitjen, City Attorney; Jay Henthorne,
Public Safety Director/Police Chief; Jennifer Anderson, Support Services
Manager; Melissa Poehlman, Community Development Director; Ellen
Cutter, Business Licensing Clerk; Chris Swanson, Management Analyst; and
Kari Sinning, City Clerk.
Mayor Regan Gonzalez introduced the topic for discussion for the work session and turned it
over to City Manager Rodriguez.
ITEM #1
PRESENTATION AND DISCUSSION OF RECOMMENDATIONS REGARDING
MINNESOTA'S NEW CANNABINOID LAW
City Manager Rodriguez turned over the work session to Police Chief Henthorne and Support
Services Manager Anderson who gave a presentation that overviewed what we know about the
statute, League of Minnesota Cities recommendations, the concerns and options for Council
consideration, and staff recommendations.
Council Member Trautmann asked if the option to ban the product would be for sales and/or
possession. City Attorney Tietjen shared that other cities have not taken that approach and stated that
it would be a prohibition on the sale of the products which would have to include a very detailed
ordinance with findings that support the banning of the product in our City.
Council Member Supple expressed concern for youth having access to the products and
supported a moratorium which would give time to study the issue and to allow the State time to add
regulation and the eventual licensing of sellers. She suggested that the products be sold behind a
counter and that those that sell be of legal age.
Council Member Hayford Oleary stated that a moratorium is not a helpful approach because
the surrounding cities are planning on licensing which could still cause public safety issues here and
would take opportunities away from Richfield businesses. He agreed with the concerns of Council
Member Supple in regards to protecting our youth. He expressed support for limited licensing that
would support Richfield businesses.
City Council Work Session Minutes -2- September 13, 2022
Council Member Whalen appreciated the comments of Council Members Supple and Hayford
Oleary and questioned the need for the moratorium. Chief Henthorne shared that the moratorium
would allow staff to research the licensing structure that works for the specific product since there are
so many unknowns. Manager Anderson stated that the moratorium would be helpful to create the
ordinance specific to Richfield and would be less confusion to retailers if we were to implement and
then revise. City Attorney Teitjen clarified that the moratorium would be an active pause that would
allow the City to work towards finding a solution and that the moratorium could be up to a year and
can be repealed once a licensing structure is adopted.
Council Member Trautmann supported the recommendation of the moratorium given our
limited resources. He shared concerns for the health and safety of children and does not want to
create criminal records for children if they are in possession of the products. He asked if restaurants
would be able to offer edible cannabinoid products. Manager Anderson stated the products are legal
at this point and it would be up to our discretion to decide who sells the products.
Council Member Hayford Oleary emphasized that this product is already available and that a
moratorium would affect those businesses that already have the products for sale or want to sell the
products as they might be losing customers during a moratorium. He asked if age checks of
identification would be much like purchasing spray paint. Chief Henthorne stated they are required to
check identification for spray paint due to an ordinance and the police department does conduct
compliance checks of which there would be an administrative penalty if they failed. Council Member
Hayford Oleary asked if that would be an option for edible cannabinoid products. Chief Henthorne
stated that other cities have not done an administrative licensing due to the type of product and that it
is too early to tell if there will be state oversight.
Council Member Whalen shared concerns on how the moratorium would help reduce youth
use and possession since the moratorium would be for the sale of the product. Chief Henthorne
shared there is no way to test the products on the spot to enforce the legality of the product. Council
Member Whalen expressed that there is not a clear answer of whether or not a moratorium is the best
decision and wondered about the thoughts of the Mayor.
Mayor Regan Gonzalez shared her support of the moratorium due to a cost benefit analysis,
short-term impact for potential future gain, and limited resources. She expressed the need for a better,
clear cut understanding of the moratorium and how the concerns of the community could be
addressed.
Council Member Trautmann asked if adults could buy products for minors currently. Chief
Henthorne shook his head in the affirmative. Council Member Whalen stated an urgency to
specifically address possession by minors. City Attorney Teitjen shared that the City of Mankato
passed an ordinance that specifically addressed underage possession and how it would be enforced.
Council Member Trautmann thanked City Attorney Teitjen for sharing that comment because it
addresses underage possession but does not create more drug-oriented criminal records.
Council Member Hayford Oleary commented on the licensing fee being affordable. Chief
Henthorne spoke about the need for testing protocols to come from the State for the regulation of the
products and for law enforcement.
Manager Anderson summarized the next steps by stating that staff would be to actively be
working on the ordinance and licensing during the moratorium. Attorney Tietjen stated that the
language for the moratorium could be available as soon as the next council meeting.
Council Member Whalen asked other Council Members if there was interest regarding an
ordinance specifically related to minor possession. Mayor Regan Gonzalez asked if it could be
prioritized. Manager Anderson stated that the specifics of purchase, use, and possession would be
included in the ordinance language and considered at the same time.
Mayor Regan Gonzalez thanked staff for their work and research.
City Council Work Session Minutes -3-September 13, 2022
ADJOURNMENT
Mayor Regan Gonzalez adjorned the work session at 6:49 p.m.
Date Approved: September 27, 2022
Maria Regan Gonzalez
Mayor
Kari Sinning Katie Rodriguez
City Clerk City Manager