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Planning and Zoning Meeting August 26, 2025

Nowthen City CouncilWednesday, August 27, 2025
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I aliance to the flag to the flag of the United States of America and to the republic for it stands one nation under God indivisible for all. The first thing on the agenda is the roll call. >> Take the roll call. >> Chair Ames >> here. >> Council member Ha. >> Al member Ha. >> Council me I'm sorry. Commissioner Bees. Commissioner Carlson >> here. >> Commissioner Harold >> here. Commissioner Commissioner Jorgensson >> here. >> Commissioner Lewis. Commission planner Nash here and city clerk Natalie Johnson. All complete. >> Thank you. The next thing is approve agenda for the night. This motion. >> I'll make the motion to approve the agenda for the season. >> I'll second. >> Commissioner B. Second. apparel. Want to make a motion? Any discussion? Seeing none, we'll call for the vote. All in favor say I. >> The next thing we're going to do is approve the July 22nd, 2025 meeting minutes. We have a motion for this. >> I'll make a motion to approve the minutes. Carlson seconded. Any discussion? Seeing none, we'll call for a vote. All in favor say I. >> I. Okay. Next thing we're going to do is open our first public hearing. First public hearing has to do with many harness for cannabis civation. to our planner here. >> Thank you, Mr. Chair. So, Matt, Marian, and Paradise are here this evening. They have applied for a property owner driven ordinance amendment um related to the cannabis section of your zoning ordinance. So, specifically, this is in relation to cannabis cultivation. They have been um through the process with the state and have been preliminarily approved um not finally approved but preliminarily approved. Um but one piece that they need to address or deal with is the zoning. So their property is zoned rural residential agriculture as is you know 90 plus% of the property and now then um and we are only allowing cultivation in the ordinance in the industrial zoning district. So the ordinance amendment before you would do a few different things. It would um as drafted it would list cannabis cultivation as a possible interim use in the RA zoning district. It provides that it would require an interim use permit in order to do that. So a separate application standard intram use permit kind of format that you guys would review at a public hearing put conditions on if it was approved etc etc. And um that the way I have it drafted, I also put that it could only be applied on land applied for on land that's not less than 10 acres in size and that is classified as agricultural for tax purposes. Um I did that for discussion purposes at this point recognizing that the community is predominantly that zoning district and that district is a mix of residential uses and agricultural uses. um if I if we don't put some sort of a limit and this doesn't have to be the one um then somebody on a twoacre parcel could come in and apply for this potentially you know right embedded within the neighborhood. So I was trying to come up with some way to do something there. There's probably multiple other ways that could be done that might be a little bit different. And then it would also apply the same buffers that are in place in the industrial zoning district. So, in your packet, I included a bunch of information from the state on their rules regarding cannabis cultivation. So, you can see all the different layers that they would need to meet and follow. um if you open that up to the RA district and then they ultimately had a permit approved just to try to give you some confidence that the state is um um is regulating these and what you know those requirements might be for them. And um that is something that um we address the zoning part as the city but the state would address the um inspections and everything of any cultivation facility that would be constructed. So that is what I have for an introduction for you. Um I'd love to give them an opportunity to speak to you and talk about what they're hoping to do, why they're applying for this amendment. Um anything else they'd like to share about their Sorry. >> Hey. Yeah, we'd like to hear say give us your name and your address. >> Here it is. 19420 Rinstone Street Northwest right over there. >> Okay. Explain what you like because you're asking for this ordinance change. So, we would like to be able to cultivate a half an acre outside or a up to 5,000 square foot greenhouse, which is enormous, and I don't think we would ever actually use that much. But, um, cannabis cultivation and the the legalization of it in Minnesota is going to be like the craft beer was 10, 15 years ago. It's going to pop up. It's gonna, you know, everybody's going to get on the bandwagon and be excited. We're hoping to develop a brand, our own brand, and have a very niche market where it's, you know, small batches, potentially a hybrid of our own, kind of organically grown. I don't know if I can actually get it organically certified, but organically grown. Um, and just yeah, something fun and interesting. >> So, we both have day jobs, but we are in agra business. move around business for more than care. Um, and we see this as a a cash crop opportunity. She's very much into its thus the reason why we're looking for other resource other income. But so the the oath the office of cannabis management of Minnesota which is the state regulatory body that governs this has allowed there to be micro business licenses that can cultivate for a maximum of a half an acre and 5,000 indoor uh canvas or greenhouse or micro or macro uh business which is a a full acre and 15,000. Um, and those were actually lottery out at 300 max. I don't even think they hit that max. But we applied for the micro because we don't intend this to be manufacturing or very large business, very boutique as she said, kind of very similar to a micro business, a micro brewery. We have 40 acres. It's very, you can't even see it, but all these fields over here. So that's kind of why we suggested to Cindy that maybe we make it so that larger acreages can do this and not smaller acres. We don't see it inside of inside of regular neighborhoods. It is a I don't know if anybody any of you have ever seen it, but it is a pungent flower. It doesn't carry that far, but you probably don't want it in your industrial zone growing it if it's in a greenhouse gas because you're going to smell it all around here. but it doesn't travel more than half an acre outdoor growing in our neighborhood because we have trees to to block it. So essentially we want to do it we only want to grow and package and sell to retailers and processors of which there'll be plenty popping up here and those are separate endorsements and separate licenses. We're not not we don't want anything to do with the retail side of the business. We want to be uh basically growers and wholesalers. when I have a big garden. >> Does anybody have a plan doing that question? >> Yeah, Mr. Chair. >> Yes, man. Manufacturing or just cultivation? >> Just cultivation. >> Okay. Manufacturing is a separate license. Is that true? >> Processors that'll make the edibles, the drinkables or >> right baked goods. We we will be growing it and we will have to comply with state regulations for packaging if we sell to retailers. We would like to sell to retailers but also sell the processors as well in bulk so that they can make it. Okay. In other words, all you're going to do is just like you're going to grow it like you do in a garden. >> That's all you're going to do. >> We're going to grow it. We'll harvest it by hand. >> We'll hang it up to dry shed >> that we already have and then we'll package it. >> We've already have in our industrial area. This openness up for the whole city is something we have to consider. Right now, Cindy recommends 20 acres. >> Mr. Chair, >> yes, >> Nash. Um, so if we approve the ordinance change, then they would have to come back with a interim use permit request. Correct. >> That is correct. the way that this is drafted, they would need to apply for that interuse permit and then you could put, you know, sight specific conditions upon how somebody's design is. >> Okay. >> Um, and just for clarification, it's just a recommendation to the city council. Ultimately, the city council make their decision. But you're saying in the process when you harvest them, it does put out qualities. >> We're going to say it's foul and it does produce it while it's growing, not just when you're harvesting it. >> You don't really want to grow in the center. >> So you can smell that how far away then? >> Yeah, it it really depends. Probably a couple hundred feet. Mostly right in your building where you're >> Yeah, it'll be right. I mean, we have 40 acres, so it's really far away from our house. It's got trees. That's We think we're one stud. It doesn't go very far, but if you had it in the industrial zone, I think I actually I'm not sure. I probably shouldn't assume. I assume that this is the only industrial zone now that we had it around here probably is all >> and just for point of clarification the um the state would allow somebody to grow it either outside or inside of the greenhouse and the way I've drafted the ordinance would not um have any bearing on what some people would choose as long as they're following their pros Mr. Chair. >> Yes. Commissioned 10. >> Yeah, I think it does. >> I don't think it did. I thought we just assumed it would be indoor because of the climate. >> Yes, >> that was kind of an assumption made, but >> I remember the discussion. As I look at the ordinance we got to post, the state has a lot of requirements and it's uh to meet these. It's not going to be easy. >> It's not at all. >> It is not. We've already filled out 13 different cultivation, irrigation, watershed, disposal, business plan, security plan, and can't remember them all, but I do remember there was 13 different multi-page documents that we submitted to get the preapproval that we have to finalize before. And and Fiverr is right around the corner. We actually got it knocked on our door the other day. which help >> it'll help with security and the rest which is what we have to look for essentially make sure that high speeds that we can secure it properly but yes you're right the state has many many regulations setback regulations all kinds of regulations >> I don't know if I've seen that in the regulations uh are you allowed to have people come in your plant only if you have a retailer license like if you have a a use onsite endorsement I'm not interested in public >> the micro business license allows you to do several different things but we only want to cultivate we don't want public living in Alabama because we don't like public we don't want public >> we like public it's just maybe not >> we have 40 acres in our house yes exactly let's just say Yeah. >> Yeah. So, we just want to cultivate. We want to we want to grow a big garden and >> Yeah. amazing flower and >> yes >> to answer the previous question the ordinance was adopted to require that in the industrial district the cultivation occur inside >> expansion >> correct and they're growing outside the growing season, too. It's not like you're going to be doing it the whole way. >> Yeah, I mean, you could, but it would be expensive. You fage back inside. Yeah. Yes, it would be expensive. I It seems to me more you have requirement control a little better. >> You could certainly do that. I just put a very small uh requirement in here at the moment, but you could certainly change that acreage um to a different number. You could go maybe 20 acres or something. You could also consider potentially having um the area that would be cultivated on be at least say 500 ft from the property line. Um because that would probably be enough then to keep any odor from um traveling to the neighbor site. >> My thought before tonight was to keep it, you know, have 40 acre bea minimum, but I'd probably be open at 20 acre, but I don't think I'd want to go down to 10. Personally, I'd like to stay at 40 because I'd have more control than somebody comes in. But 20 acres, no, we have better control. Um, the one thing I cautioned is, and I I'll use them as a um example. But if you went to a number like 40, don't forget that because of the curvature of the earth and maybe other things, a lot of people who think they have a 40 acre parcel don't really. They might have 39 acres or 39 and some change. >> So >> that's too bad. >> I'm just commenting that not any parcel of land is an exact 40 because you have roads and right ofways that eat into that used to be a 40 to be honest. Well, that's one way you could limit a lot of them coming in because we have a lot of open land here and I I'm just afraid that pretty soon everybody's going to be out here wanting >> What do you mean by open land? Just because it's >> We have about 40 acres >> Mr. Chair. >> Yes. Um, I like the idea of like with with the additional distance from property lines, I think you could reduce the number of acreage with some of those restrictions as well. But the control is also the IEP that's necessary. Um, just, you know, if this ordinance has changed, we might have more people applying for an IEP, but I mean, we discuss those individually. Anyways, there's some control where based on the circumstances of the properties and there's no one set parcel in right, but I don't know what that number would be if 10 acres and 500 ft from a property line is going to eliminate 10 acres. You know what I mean? Yeah. You know what I mean? I just Yeah. So, >> another um thing that I had in this draft ordinance is that not only did it have to be on 10 acres, but it also had to be on property that's classified for tax purposes as agricultural. And um I guess I'd ask the question of if the land is large enough and somebody's applying for something like that, it's basically a home occupation as opposed to so that is actually tax as the cannabis corporations taxed as commercial that aspect of it not as agricultural. So we could potentially remove that part of it and maybe go up to 20 acres instead. And if somebody is has enough land, but they're not a that their land is not otherwise classified as agricultural, there could be all kinds of reasons for that. Um, >> I I've got over 40 acres and I'm not I can't get any closer, >> right? >> But you might have enough planned or can construct a greenhouse to do something like this. >> Is it written currently that it has to be owner occupied? So, it can't just be 40 acres. They have to live on the property. >> We could add that in. >> I I think we should, >> Mr. Chair. >> Yes. So, just throwing out my opinion because yeah, that's what you have to do here is to think all things through. And I do like the egg green acres exemption or the green acres on the tax for the purpose because it shows that the land is probably going to be prosperous. Like, let's just think outside the box. If the land is not already covered in green acres and it's 10 acres, what's the likelihood that it's actually being cultivated and can be cultivated? So the having green acres attached to it I think is a good thing. >> I think it is true. >> Um and doing the 10 acres I think is a great minimum because that is the very that is the bare minimum that is required for an open county's green acres and As far as the owner operated, I think that's a big big plus. We don't want someone to just own 40 acres potential to build a home and then have this giant >> pole building which I don't know how they can do that with >> agricultural can. That's where I think I'm at too. I mean, if it's if if you're not going to be a owner resident, then it should be in the industrial area. >> Agreed. >> In Yeah, there's business areas and there's >> homeowner occupation >> because if you're going to not live on the property, most likely you're going to want security and you're going to have the better opportunity to fence it in and get cameras on all angles. probably in an industrial era because you're going to be allowed the lighting that you're going to need to do such. >> That brings up a good question. Does the state make any differentiation between operating at your residence versus any other property? >> I I didn't see I mean it is voluminous what they have out there at all >> and some of it's a little contradictory. So, >> I suppose they it probably comes down to the municipality whether you're allowed to do it. >> Yeah, they the good thing is they're very much encouraging all anybody who's applying for any of these endorsements, talk to your local municipality. It's up to them. They need to make the decisions, work with them. >> And I brought up lighting and I just realized there's a probably a section in here for it. And there is. >> Mr. Is the current ordinance or I mean we're not changing if it is in the industrial area we're not changing that to being outdoors but >> no that's that's not that's separate that's a completely separate >> you know being I eliminated my 40 acres agriculture I think we should eliminate more people saying >> why why same reason I think you you have better control cuz what I I'm scared of is everybody's going to want to come in with it and if they have 40 acres I don't see where it be a problem >> cuz I can't have it because I'm not cross [Music] >> expand why can you not have egg >> because I don't have enough tillable land >> so if you took down trees you'd have tillable land >> they still wouldn't Trees don't call this type agriculture. >> If you took down the trees and you till the land, you would have till the land. >> I I have more I have more land. I don't know if they or not. I went around and I do have some >> and I harvest my trees. I harvest my trees. burning stove, but they won't let that go. >> I meant like clearing a parcel to get you to enough tillable acreage. >> That's what I meant. >> Yeah, you I I imagine you could do it. I don't >> Yeah. >> So, it's it's it's >> not that your property cannot be a it's that profitable purpose. >> Currently, it's just not classified for it. I mean, if someone who wanted to do the work, you probably get >> I I agree. I agree with but I think my personal opinion is is I think 48 give us a little better control. I'm just afraid of people coming in here and just really land. Well, the only thing is there is limited well one as a individual you can what is it eight plants I think or something like that so we wouldn't be able to limit that at all but there are limited state micro licenses available right so that's going to limit it somewhat so how many of them will be now then but um yeah I mean I I I see that argument and that's where I started But more and more I'm I'm thinking even if you had 20 acres and and you wanted to come in, it would be less less people coming in to ask us to change the ordinance and we'd address it less often and we could make sure through the IEP that um you know things are being followed. So I I mean I could be talked down to 10 acres. I understand 40 acres, but >> let's go in the middle. 215. >> I was going to try and understand how many 40 acre parcels. >> I'm kind of doing the math in my head right now. There's still lots. >> Yeah. I mean I think there tends to be 40 plus and then 5 acre and then you know five to 10. I don't think there's a lot in between but >> and in a nutshell all of our pre what's that specification the one on the far east side is that the RA or >> R is covering most of the communities. There's the zoning map on >> what's the other zoning map? What's the other number? Another letter. >> There's RT for rural residential transition. >> That's the one, the RRT. So that one over there is a 2 and 1/2 acre minimum. But for years prior to that, it was the RA, which is a 5 acre average minimum, which said you couldn't average 5 acres. um number of parcels over 10 in that situation were tiny because of the way they had to do things and that was because it was pretty much a giant swamp, >> right? >> I mean, you couldn't divide a swamp because it just it needed to have buildable land. So, the reason for the average was to allow it to get bigger and smaller so that we could have That's where >> so similar to a development where you have to have a oneacre building site, you have to have >> a plan for septic or you have to have an area for septic in that. Yeah, >> we can control that via IEP that you have to have 500 foot thousand whatever we want to make a setback you need to have this much area as you know we could that can all be controlled in an IEP that's not necessarily in the ordinance >> yes and no it it can maybe be controlled in IEP but to the extent that you think you might want something like that I'd encourage you to include it in the ordinance because then it kind of is it acts as a gatekeeper in a way then Right. It's hard to determine that number though. This the lots are just so like for distances, right? >> Somebody if they were if somebody was in a really unique situation, they could always ask for variance in why why that would be justified in that case situation. So in an IEP, would they have to submit a a plan that shows where >> Yeah. >> Yes, they will. And that's part of their next step with the state as well is to develop their full plans. >> So another thing that's limiting license is state opens up for lure or has opened it up. They open it up for six weeks. It's closed right now. Nobody can uh get in there because the backlog that they have right now, it's at least in my opinion unlikely they're going to open up next year because they're still processing the 1,600 different licenses from around the state, be it retail, be it processor, all all the different books. So, you can't currently go out and get preapproval. You have to have applied from February. So, we'll see if they open it up again, but right now it's closed. >> So, So, is the timeline you'd start growing in the spring? >> It'll be like any other row crop that like a row crop. Yes. >> Yes. >> Literally. >> Does that include green houses too? >> Greenhouse, you know, we probably could start in March, start our seeds. It would be similar but earlier and you know move the season up a month or so another end date back maybe Thanksgiving there'll still be more than there >> yeah which seems >> Mr. Chair so um >> yeah is it easy to do a I guess a uh um lot size chart of the city and understand how many 10 acre how many 20 you know 10 to 20 20 to 40 is that something that's doable or is that nearly impossible >> question it would >> I mean there's a way to do it >> it's doable >> there's a way to put it on the website the county website the GIS you can do it there >> yeah and you can mess Yeah, you can roughly do it through there, but um part of the issue is so you'd have to go through and kind of hand count. What you couldn't do is actually figure out how many there are because there are places all over the place in town where a given legal description might consist of 80 acres but somehow be carved up into three pianies, >> right? >> Or vice versa. And so using all of that nuance of it. Um >> so we would still be even if we did that and come up with a map. >> I always think the map would be very accurate agree though. >> Yeah. And I guess you know >> start around. >> Yeah. >> Yeah. And it would still take quite a bit of time as well. It it it would just be interesting to know that when if we set it to 40 acres, how many eligible parcels are there? If we set it to 20, how many are there? Does it make any difference if we said 15 acres or 40? That might be the same number of parcels, you know. Um, so yeah, I guess >> I don't know that we want to make the decision based on that. >> Not necessarily, but yeah. Can we limit the number of cultivators in the ordinance? Um, I would have to talk to the attorney about that >> cuz I mean then I, you know, I'd do 10 acres with a maximum of 10 licensed cultivators, you know, something like that. >> Don't you think that the demand and >> should do it? >> We'll control it, >> right? I I would >> too much of this out there. They're going to have to give it away, >> right? >> That is going to go over too big people if they put a lot of work in it. >> Yeah. I'm generally not for artificially making anything though other than maybe the number of storage units in the town. Um, I mean, I would guess I would suggest if you want to baby step your way into it, pick a higher amount of acorage than I have currently in here. Um, have it be owner occupied as requirement. Establish a minimum setback for property lines. >> Yeah. Do we have any idea right now how many applicants have been received for the whole city? >> As far as I'm aware at this point in time, they are the only ones who've been preapproved for any type of license in this city. >> Okay. >> That gives you a little bit of basis to >> Well, and yeah. And and do we want to limit it to a micro license and you know and not have a macro at a homebased? >> Can we even do that? >> Um I don't have it at my fingertips but I know you know it. What were the um size limitations on both the micro and the macro? >> The macro is you get up to one full acre outdoor canopy 15,000 indoor canopy. The micro is half an acre 5,000. Yeah. >> So, I don't know that most people, especially if you're talking about over a minimum of say 20 acres, most people might not even know that it's occurring, right? Because one whole acre of production is what? 53,000 square feet, 56 Yeah, >> but then you got to remember that's what what is that a that's a thousand [Music] >> 13 by about 208 by 208 is all it is >> a nice little square but then you add 1 th00and on each side of that. So you need 12 you need 1,200 one direction and you need more than 1,200 another direction to make it work if you did a 500 foot set. Another thing is we we haven't probably felt a brunt of there's some religious groups that are going to be totally dead set against growing. They won't probably won't be people like that to be growing. We're going to have because there there's a quite a number of people that do not like marijuana under any conditions, too. So, you got to remember that, too. one of them. >> Just like some people don't like animals. >> Let's just be honest. >> Same as them all. >> Yes. Right. For sure. You have them all. >> It could be your neighbor. >> I think it's it's going to be okay if we have some kind have these controls because later on we're going to look at it and say, "Hey, you should." I'm okay with 28. So, what we're here to discuss is um RP5, correct? We're trying to figure out what we want to do >> adding RA to it where that's been eliminated. >> And I will say obviously you can also recommend that you don't change the ordinance. That's what the >> Mr. Chair. >> Yes. >> So, we got these uh security fencing and lighting There's always requirements on it. >> That's for the state. >> Yeah. From the state more suited for industrial zones. So I'm support keeping industrial security. >> I know exactly where you live. I used to be the neighbor. Um, you'll never see this property. You literally have to go down a 3/4 mile. >> Doesn't matter driveway. You'll never see this. >> There's a lot of properties that will different. >> True. So, that's why I'm saying let's let's find some stipulations that make this comfortable for everybody. >> So, are you required to have lights on the half acre? There is something about lights. They say there are lights, but is that mainly a lot of those that you're reading are on the retail side. You have to have lights, security. I mean, you still have to have security feeds for the security lights. >> Yeah, you'll have to have something, but not as rigorous as a retail operation. >> So, how do you secure the field? But first of all, good luck finding it. >> Uh it's a little swampy and a little wet. A lot of trees. We will have a we'll have our driveway gated with a secure gate. Um we'll have some motion cameras down there so you know we see anybody that pulls up mostly everybody, you know, the Amazon guy. Um we'll have a fence around the canvas lot and we'll have motion we'll have some motion lights on it. We'll have some more on it. >> So something also may not consider. So this is egg agricultural. You can't do anything with a crop until it's actually harvested, cured, and stored. It's not even consumable. >> Much like you have to dry corn or you have to dry soybeans. I mean, >> you run out of the field and you couldn't use it worth a darn. >> Yep. >> Right. You actually have to cut it, dry it. It it's it's a crop, >> right? >> So, >> it's Yeah, it's not usable. >> Deer food until it's >> Yeah. >> completely. >> And I'm sure they love the taste of the leaves. >> Oh, I'm sure. >> Okay. >> So, tobacco was very ski. [Music] >> So, I just think they're ahead of their time. Think back. I'm sure the tobacco industry was doing the same thing as we're doing right now. Milling out how we're going to make this work. So, it's just it's it's a new thing and I we should entertain at least figuring out if there's something we can do as a committee. >> So, >> it's a it's it's a it's a crop in a way. You may not have animals and you know need hay or soybeans, but if you do have animals, you probably are needing those soybeans in this corn and you don't even know it. Looking at the list that we have here, um, we need to decide on an acreage size in letter A. Um, letter B. >> I think we got chairman names down to 20 acres. >> We got them down to 20. And twist your arm. >> I'm I'm better with 40 because I I I can see it initially with this getting out of hand. >> You know what I'm saying? Same way as people that have the liquor stuff that can get out of hand, too. >> Yeah. >> I'm not nothing against you guys, but I can just see down the road a lot of people coming in here and wanting to have because there's money in it. and not only money. I look at the state requirements really really rigid but people can meet those requirements. >> Um question the letters D, E, and F in the on page five of our packet. Are those numbers that you just pulled from the state's minimum or is this something that we just kind of borrowed from our last discussion about this? That's far from our last discussion which is the maximum. >> Oh, so there is a there is a max. Yeah. Okay. So then we can't change any of those. Okay. >> No, I mean you can make them less but No, you can't make them more. >> Okay. I just want to verify. Um and we're going to add the property set. Oh, no. Are we going to be able to add like a property set back for the crop to be grown? >> I think we can do that. >> Okay. Okay. So, like if they had the 10 acres, well, they can in a nutshell based on the numbers, they can't do they can do a full acre, but we would still like it in from the property >> some distance, right? >> Yes. So, that it's not on someone else literally next to somebody else's property. >> Okay. So, can we add something like that to it? >> You can. Okay. >> So, you just need to take a minimum setback from property lines. >> Okay. And I'm thinking 500 ft. >> Yeah. I mean, and the other thing is I I would like to put in something where it's micro or RRA and if you have a macro license, it has to be in our industrial area, you know, rather than having a 15,000 square foot barn on a 20 acre parcel. You know, >> I think all the macro licenses have already been up. >> Sure. for now. >> Yeah, >> for now. >> True. >> Right. Yeah. >> Yeah. I mean, but I I just I I would >> if it's going to be a home occupation, additional income >> Yeah. >> doing some I I would >> would like it at a micro stage, >> right? >> I agree. I agree. >> I mean, I can't see that that would be a problem. You You can have a macro >> and grow it in town, but it's got to be industrial and it's got to be >> Is there a way that we can tackle that or is that step to talk to our attorney? figure that out, but you can make that recommendation and then I can figure that out before I >> We would I think that would be a great recommendation along with the owner occupancy for the parcel that's going to be growing on >> and we're at 20 acres. >> We did say too, right? >> Yes, absolutely. >> Okay. Has to be agriculture. Um, let me pose a question that happens occasionally. Obviously, we would check if it's agricultural. That's a requirement at the time that the IP comes in. Does the property have to stay classified as agricultural? They're probably going to like it that way. This stuff, I believe, gets taxed commercial. No, I know. I'm just meant for their own personal property taxes. They're going to prefer to keep that a >> Oh, I agree. Everybody would love to do that. >> Yeah. >> But when you have a community like this where we have people moving around, moving in and out. >> Oh, they don't realize that they can get it. >> No. Sometimes um somebody might come in, it might have been agricultural and then it gets lost. >> Yeah. Imagine. So would it need to be maintain would the agricultural land then be something that just needs to exist at the time of initial application or period end of story needs to be on property that tax but if they're an owner occupant owner operator if they leave the property is no longer in operation for such >> yeah he goes away right >> right >> two different things yes >> oh you're okay so you're okay >> I'm talking about attacks agricultural but >> well I mean if they want to let go how's that going to hurt us I'll I'll give a different kind of example if I'm cannabis related um in another community that I work in just the other week I turned somebody down for an agricultural building on property that in tax payable year 2025 is tax as agricultural but for payable year 2026 we already know it's not going to be because the the assessor has already said it's not going to be >> so I turned down the um >> it changing to >> in their case theirs um in that other community it was changing to res >> res yeah it was really one of those situations where it was taxes egg forever and then the um the assessor did the reval EV valuation that they periodically do and um determined it was no longer being used as agricultural. >> It probably hadn't been used that way for several years, but it's just that's the >> So they don't have rural residential agriculture. >> Zoning is different from taxes. >> Yeah. Okay. So for tax purposes to get taxed as agricultural you have to mean a number of >> characteristics but um among those are that typically you would have the 10 acres tillable that you were mentioning before and it's got to be productive has to be productive it has to be for profit. >> So in general a lot of our RA is taxed as residential. >> Yeah. Yeah. Which is where I am >> about Yeah. I would say about 70% of the students got right here in the city. And that might just be a known entity that you know if you keep that taxes egg in there that maybe when somebody initially comes in for an IEP which has time limits on it that um when they were to reup or want to reapply in five or 10 years or whatever time limit you would put on an IEP they might not qualify anymore. Yeah. Are you qualified to say? >> Yeah, we have some heat fields and night horses. >> Got a lot of work. So I think part of this too is how important is that egg classification to you or is it fine if it's on 20 plus acres and it's a home occial? >> It's residential and getting that portion taxes >> but it's big enough. You know what I mean? Like it's large enough >> but they're just not cultivating it for other things as well. Animals. >> Yeah. Animals or crop. In other words, what you're what you're saying here is they lose their agriculture. We >> No, >> not necessarily. >> We don't we don't control the egg taxation. >> What we're saying is if they did lose it and became residential, would we not reapprove >> or would it invalidate the so >> I can't say I don't care. >> I don't care either. I don't care. You got 20 acres and you want to put a half of an acre into cannabis. I don't care. I don't care if it's egg exempt or not. >> It's occupation, right? >> It's a it's a different >> because we don't really get into that if it was a mechanic shop that they're operating out of their house. We don't care how it's stacked, right? So, do you want to take out that part that I have in there right now? But it has to be tax. >> Yeah, we can remove that >> and and change it to not less than 20 acres. >> Yes. And then a mini I mean a micro I'm sorry micro micro owner occupied owner operator. >> Yes. Um and minimum set back from property lines of 500 >> ft from school. Yeah. All that stuff. >> Yeah. >> I mean I feel pretty good with that. >> How how often do you have to reapply for the license? >> Annually. >> Annually. Okay. >> Yeah. In my commercial life, I uh worked for a commercial grain company and I managed all of the organic certificates for all of our elevators all over US and Canada. I'm not necessarily 100% concerned that I will go to get >> done. I'm not the first rodeo. >> Yeah. So the question I guess is with this it is I think a little bit different than some of the other agricultural applications. Do we have a time with it where the IPS be renewed or something? >> Yeah, absolutely. As an IEP >> Yeah. be the same as others. >> You um you set those kind of individually depending on what it is >> like a mining typically set for a longer number of years than I forag event >> in case you come in and shut them down. >> Yes, they would. you don't have to lose your life. >> Yeah, we always have that as a condition of IEPs that you have to maintain all of your permits and licenses with others. So, if that were to lapse for some reason or they weren't renewed or they moved and somebody else moved in, it would go away. >> Huh? >> Same thing. You guys good with everything so far? >> We have here. Yeah. >> Okay. >> What you guys got to say? >> I don't support expanding it beyond the industrials. >> You need a motion. We need a motion. Public hearing is still open. >> We got public hearing still. Got to close that. >> Are we ready to close it? >> Okay. Close the public hearing. >> No. We need a motion. Somebody like make a motion. I'll make a motion to uh approve the set ordinance amendment for the cultivation with the notes that we came up with for acreage owner occupation property setbacks. >> Oh yeah. And the and the license uh being a micro for the state. Um I think that's it. 20 acres and not requirement to be taxed. Does that >> Oh yes it does. Yes. So cover that. We have a second. Commissioner P made a motion. Do we have a second? I'll second commission. Second it. Any further discussion. Okay. We'll call for all in favor of this ordinance say I. I >> oppos. >> I >> I it passed. >> So we go to the city council second Tuesday of next month. >> No, it's first week, right? Oh, yeah. Okay. >> We are Now we'll go to our our next uh public hearing. It has to amend to we'll have to present what she has. Um, if it's a pay, I'll pass this one to Natalie. >> This is just um amending the administrative fee um for any planning and zoning applications, an additional $50 to help cover the public hearing costs of the mailing and removing the actual public hearing amount that we would had been collecting in case it never gets to that point. I need a little more clarification, please. You run that back me by me again. It's to cover what? >> Okay, so right now we collect $200 for administrative fee. That's for myself or Lexi to set up the escro, get the mailings out, send it to the paper, that sort of thing. And we also collect a public hearing fee of $250. We don't always go to public hearing. So then we end up just doing refunds. So, what Cindy would like to do is we will build that, but it actually happens rather than trying to collect that ahead of time. >> That makes sense. >> And then we're going to increase that admin fee by $50 because postage has gone up so much. We need to be able to cover those costs. >> Yeah. >> Wow. Yeah. >> So, other than that, there really isn't anything changing. >> What's the typical cost >> for >> for this? So, have we been losing money on the $200 one? >> I would say yes because I believe that that was set when wages were a little bit lower when postage was lower. >> I don't think it's changed in a while. Just be honest. >> I I I it has not changed. Not quite. >> And and for right now, this is the only one where the other other ones will be coming. >> Other stuff will be there. tie it to the postage. >> Oh, that'd be awfully difficult right now. >> So, just let me if you know how much postage though, we could theoretically take that out of some of these. Wait, go ahead. So could we charge an actual fee then rate for administrative and then actual postage and then charge >> and we don't have to change it every year to the post office rates >> regardless though 200 for the admin part of the fees pretty low. I would still do the 250. >> I got a question as well. The city's already approved this. >> The council already has >> the council already. If we change it, they've done it. >> They've already changed it, so we can't do anything with >> We can't We can do a repeal and replace. >> Yeah. If we feel that it's Yeah. >> So, Mike, I guess just one one more clarification. This $200 or well to to be 250. Now, that's actually charged to the applicant. Correct. >> Correct. >> Okay. So, it is it's money coming in. It's not actually funds from our city budget. Okay. No, it's to cover the cost of staff, >> you know, the monthly escro statements, the, you know, that kind of stuff. >> I like Commissioner Hop's idea of maybe I I would say change it to 250 and then have actual cost of of mailings on top of it. I think we should have sort of city tax. >> I like it. >> There can be a lot of variables, >> but you'll know that once you do the mailing, right? Then you just >> whatever cost was. >> Yeah. We will know how many residents be at the mail. Yeah, >> as long as it's not more work for you then Yeah. >> No, you can just add it to the hospital. >> Yeah, Mr. >> Then that makes it easy. >> Will the applicant know official how much it's going to cost them? >> We could let them know. >> Yeah, I guess I don't know how outrageous it could be, but not that it can necessarily stop somebody, I suppose. But >> in a nutshell, if you were to apply for something and you needed an IP or CP, it would be you know, thousand feet or whatever from your property if that's who's included. So, you kind of get an idea what's >> I know >> how many people are possible, but it's what 78 cents now >> per game. >> And if I may, relatively speaking, that's a small part of the cost. >> So true. >> I really like the idea of just having to pay the actual cost. >> I think that's totally cool. Yeah. >> So, this is the recommendation we're making here. >> The same concept >> just one change. Okay. >> Are there any other questions about this? >> I I I have a question. >> If I look here, I don't understand. It says baseball field three hours each damage. What's the damage? >> That's nothing that we're talking about today there. Nothing is changing with that. That's just what are part of our fee schedule. >> Okay. Because I have because a lot of times a baseball game will go over three hours. It's extra innings and stuff, >> right? Yeah. No, that's nothing that we're talking about tonight. >> We're not talking anything about any of this stuff on here. >> No, just that one item. that one item. >> I thought it's the whole thing. >> No, sir. >> Okay. Okay. In other words, we can close the public hearing. Close the public hearing. Unless there's more discussion. Seeing none, we call somebody like make this motion of this. We'll make a motion to uh approve this as addition of the actual cost of postage assessed to the >> I'll second commissioner make a motion second by commissioner Carlson. Any discussion? >> Um just to clarify the 250 plus postage, right? >> Yes. >> Okay. Okay. All in favor say I. I >> and uh >> there you go, city council. You got to do it again. >> That's really why I voted. >> I need one more motion. >> Just kidding. >> I'll make a motion to adjourn the meeting. >> We have a motion. A second. >> Commission.