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Council raises concerns about county cannabis JPA and moves to restrict smoking in parks

City Council (Montrose) ยท October 15, 2024
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Summary

Staff reviewed a Wright County joint powers agreement for cannabis enforcement; council warned county buffer language (up to 1,000 feet) could override local zoning and effectively prohibit cannabis businesses; staff will request clearer language. Council also signaled support to pursue a city ordinance banning smoking in parks and to ask the city attorney to draft an ordinance.

Staff presented a draft joint powers agreement (JPA) with Wright County to handle cannabis enforcement and registration. Council members raised concerns that the JPA language, as written, could apply county buffer standards (up to 1,000 feet from schools) to the city even if the city adopts a more restrictive 400-foot buffer; staff said the planner's draft measures buffers from the primary entrance of buildings to avoid sweeping prohibitions, but the JPA should be clarified.

Council directed staff to push back on language that would subject the city to county buffer parameters and to ask the city attorney to clarify that city zoning authority and locally set buffers supersede county application. Separately, planning staff proposed banning smoking (tobacco and cannabis products) in parks; council favored a parks-focused ordinance (with enforcement via the county code process) and asked staff to pursue drafting with the city attorney.