we'll call we'll call the meeting to order and the first thing we're going to do is have the uh flag pledge I pledge to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liy and justice for all next thing we're going to ask Scotty take the roll call all right chairman Ames present Vice chair haa here commissioner bees here commissioner Carlson here commissioner Jorgenson here commissioner Perell here commissioner Lewis is out excused this evening mayor Pon present city planner uh Cindy Nash here and your city administrator Scott ler is present call is taken sir okay uh the next thing on the agenda will approve or amend uh tonight's agenda I'll make a motion to approve the agenda commissioner hippler made the motion to approve the agenda you have a second I'll second that commissioner Perl second it uh are there any questions any additions saying none we'll call for the vote all in favor say I I I oppos motion carried the next thing we're going to do is to approve the uh uh amend minutes from September 24th 20,24 the the regular meeting somebody like to make that motion I notice one um one thing they note commissioner Lewis arriving at 708 p.m. and commissioner Carlson absent twice and one of them has a typo so if we can strike that I will make a motion to approve the minutes as written with the correction yep with the correction somebody like second this I'll second okay meiss commissioner B seconded uh are there any question other questions that amendments that like to speak to seeing none we'll call for the vote all in favor say I I I oppose motion car okay what we'll do that we'll go into our public hearing and the public hearing has to do with uh an ordinance [Music] for can cannabis and uh so we're going to ask the plan at this time do sure thank you very much so what you have before you tonight is an ordinance amending just the zoning ordinance related to cannabis there will be a second ordinance that will not come to the Planning Commission and'll go just to the city council that's related to the retail registration piece of this equation um and that you know is in a different part of your city code so it's doesn't require that public hearing at the Planning Commission level um so what I did here in this ordinance is I took um our discussion from last month and I drafted a version of the ordinance that is um cons very conservative in terms of what it would or would not allow so I'm just going to kind of run through it with you um the definitions are the same as what you saw last month um I did highlight in on the first page related to cannabis retail business there's a and excluding highlighted we do have to make a decision on whether um within that definition of cannabis retail businesses whether you would like to include or not include the lower potency hemp edible retailers um that would of course just be a recommendation to the council the council could make a different decision on that and they have to also look at the retail registration piece itself if we include it then those then the way this is setting up to be drafted we would also um include that as being required as a part of the um limitation on the one per 12,500 in the community um moving on retail registration I'm just going to leave that blank until we get up to the city council level there's a insert city or county part there and depending on what the city council is deciding in terms of um and I do think in in your case it looks like AA County will not be likely doing retail registration so it will have to be the city doing it but we'll wait and insert that at that point in time um then section two is amending the section of your ordinance related to the commercial zoning district and it's adding two new interim uses one would be um well it's adding two kind of sub topics of interm uses cannabis retail so that's the higher potency or that lower potency hemp edible retail business and then providing some conditions under which those need to meet in terms of buffers from different types of things and again I put in the largest buffer that we could under state law from um any given item based on the discussion however I did um you'll note that I went from the structure um the structure of the Cannabis retail business to the property line of Any Given facility um we could go also we could be a little more conservative if you would like and go from the property line of the Cannabis retail business instead of the structure can't remember what we discussed you guys talked about structure so that's why I left that but I just wanted to call that out um that we could change that if you wanted to then section three amends your industrial zoning District to add in cultivation delivery manufacturing everything that's not retail but cannabis related um again puts those different buffers in place and I addressed um there's kind of been some discussion about how do you do outdoor cannabis cultivation so note that I did put in here um condition H that all cultivation manufacturing processing testing and storage shall occur inside a structure so that we don't have to deal with safety of and security of outdoor cultivation that includes the planning of this yeah cultiv so it have to be in a greenhouse or cuz right now they they threw it somewhere else well that's the thing is this let's on so that's something we can definitely decide to talk about as well that's pretty much it for the retail piece I see we don't have anybody here this evening to talk about it it um but I suppose we should leave the public hearing open a little bit in case somebody wanders in late uh Mr chair yes uh section one uh on page two just at the top there's like an inserted section called daycare I don't know if that was like a copy paste but it just sort of read these yeah I believe these are definitions it's just a definition okay yeah so I was I did but when she said definitions I went oh that's perfect yeah I saw later on you're talking about distance from day carees and things and so but it just looked slightly out of place NOP those are those are definitions and um that's in that case for daycare it's calling out that has to be a state licensed daycare um similarly there's one for schools that it has to be a public school or a non-public school is defined by Minnesota statute um okay in case anybody wants to try to claim that um somebody watching their grandkids is performing daycare in their house you know that's probably not licensed as daycare for example we don't have any schools I don't think from the just the church schools yeah we I St John and there's a lot of homeschoolers so and those are count it don't count no they're not registered as a so there is an educational license from the state they are for certain homeschoolers though they do have like a thing with the the state as being a cuz you're you you homeschool so they are licensed we do yeah what it qualify under but I don't know how that 128 24 yeah if it's under one of those two sections that are referenced then if it's under this then it would be covered I have to look that yeah I'd have to look that up but so it has to have reporting requirements in order to be a qualified non-public schooling to this well I'm I'm okay with including the retail business and saying and not excluding um I don't know how that's going to affect a future store or retailer but um if they're comes an issue I guess they can always come in and try to fight it my next question was going to be on on this uh Section 3 under each under the cultivation and Manufacturing processing testing yes I I understand that the whole security would be better if it's inside but we do have what you call wonderful mother nature this in this state so I can imagine they're probably going to want to have some sort of outside um throughout the good time of year so could it be something that we can include into some sort of uh so separate out yeah I know somehow separate cultivation from manufacturing and processing and CU if they want to put up a 10-ft fence have at it you know what I mean not exactly beautiful but it's not going to probably be a wood fence it's probably going to be chain link or some sort of a slatted chain link doesn't sound like fun to me but I mean they're out there yeah and one of the reasons we were struggling with this last month here is because you don't have a separate agricultural district from your residential district you don't so once if we did that and we put that as a possibility in areas that have agriculture it's also opening it up into your whole RR a district in your case well and we didn't know how people would feel about well if it's licensed but then they have to have buffers right they're still going to be treated as a business that's next to a a home and they're going to have to have fencing or trees and um those kinds of buffers and then we'd have to rethink those buffers because they pretty much almost always be well there's no buffers from home so it's just daycare schools yes Residential Treatment Facility um so right up against the property line theoretically there could be um but they're probably going to want to fence it in yeah they're going to probably want to fence that in and you may as part of an interim use permit also want them to install and maintain different security measures right and that's why I was wondering about an iup and I'm sure we're going to look at later on changes to make into ordinance we're not had this uh in other words there's going to be things that come up so we have to make some changes there will be um and and one of the other things we talked about last month too is that if we go very restrictive now and then as the um as I think I mentioned last month there's still a lot of different interpretation differences between different people who are reading these statutes um and so if we went more conservative with it at this point in time then once everything kind of the dust settles a little bit the city could amend its ordinances to go and open up the possibility of different things in different areas or with smaller buffers or whatever you thought was appropriate once everything is um in place and kind of working okay Mr chair yes mayor so yeah I thought last time when we discussed that we we talked about keeping it in the commercial industrial zones because there's still agricultural going on in those zones but it didn't open it up to all the residential areas and and the the other choosing to be more conservative now we can open it up we as you said last month we can't back down easily if we decide we we start out with a loose organization it's pretty hard to tighten it up once you've open it up to the all the R so I think it does make sense to keep it to the commercial and Industrial since there's so much of that that isn't going commercial and Industrial right now so it's it doesn't limit the cultivation or it doesn't eliminate it but it keeps it out of the residential because that does open up a lot more what ifs then how can we do that how can we do that to to make that work here well right now it is cultivation is allowed inside of a building in the industrial the way this is drafted today Mr chair yes hit PL so I yeah I was thinking on that that uh H that says inside a structure was too vague a structure is a really vague term maybe you should say building or you can change that's building um I'm concerned about that the structure could be a fence or something or put uh agriculture inside a building and how is the ventilation I mean the that's a concern but manufacturing you don't want to be manufacturing not manufacturing I'm talking cultivation well they can cultivate in the greenhouse that's a structure not a building well then we need to uh Define what kind ofuure are acceptable because structure is too vag I agree structure is little vague could be someone's garden shed for a manufacturing part of it I get that but you could have a a pole building with no walls on it it would be a structure you mean no siding you mean a post frame a post frame with no with just a roof or no help me out here that's a structure though so they can manufa inside of building without walls with this ter here well you can have a building Without Walls low too so I mean we could be more specific and say storage shall incur you know that all of this shall incur inside a building sealed building or something or thank you building that can be secured and restrict entry completely in Clos yep okay commissioner B's over here is doing exactly what my my brain said Google what did you come up with well it it's uh it's not as simple yeah I let read it what does it say the arrangement of and relations between the parts or elements of something complex so I mean you that's not the defin that's the definition of a structure well it's that's one of them um you know because obviously a lattice you it's a structure is not just a building but so if you use design structure purpose of planning intention it exists or to ex does it cover it if we just change it to shall occur inside a completely enclosed building enclosed structure here's one it says the number one a plan or drawing produced to show the look and function of workings of a building garment or other objects before it is built or made good luck with that I I would say yeah I mean if you say enclosed structure I mean that would indicate walls in a roof right I mean could anyone interpret interpret that differently so we're saying separate out the manufacturing processing testing and storage to be part of inside of a structure that has has walls in a roof contained correct is that what you're saying you're talking about the cultivation as well though yeah but I'm just saying if we were to take the word cultivation out of H and deal with the other items and put that into a so you're still saying could be outside that's what I commcial right now I'm not putting that in right now I'm just just the easiest things to deal with are the manufacturing processing testing and storing put it into a structure that has four walls see a roof it's containment M right but now then what do you want to do about cultivation cuz yes there's there's possibilities be outside what does does building speak more clearly to a yes a building structure with walls and a roof it's building as opposed const structure as you look at the definitions it does it talks about B something other than a building building is pretty clear please yeah just get us going the same direction here we should make sure that manufacturing processing Tes storage all or a building specifically well again a building doesn't have to have all four walls so a building roed saying completely enclosed building so a building is a structure with a roof and walls such as a house school store Factory so basically a building defines an enclosed structure maybe the security requirements too is there security requirements in the ocm regulations I bet anybody that has a retail business is going to have their own security measures just like a liquor store a restaurant retail store they have their own security levels that's kind of on them right why would we why would we want to take any part of that we so according to Minnesota statutes a retail business shall maintain compliance with security requirements established by the state so that's almost overruled by us yeah but I I would say as a city we don't want any we we don't need to include anymore I don't think no we don't want we don't want to be liable for anything that we've missed is that in it's um Minnesota Section 34227 sub 9 so but it's uh have they issued security requirements yet says established by the state including but not limited to requirements for maintaining video surveillance record using specific locking mechanism establish secure entries and the number of employees working at all times so they're giving the employer the option to use these s these security measures but not requiring them to use all of them I think they they haven't finished so that's the statute part they haven't finished the rules yet and I think the rules will get another level of detail into whenever those are finally done but it sounds like that's covered at the state level we don't need worry about I can't imagine us wanting to take on that we wouldn't need to add to it no should we mention the statute in the ordinance then no that's part of what's coming isn't that part of the state cannabis management it is so they they will be actually taking in all the licenses and checking all that stuff at that level they just come to us for the zoning piece and we tell them if it's in compliance with zoning or not and the second piece is those retail registrations that those occur the licensing occurs at the state level they actually get registered though at the local level whether that's city or county and local level has to provide enforcement of those retail registrations so we're getting there and was the local required to enforce the security requirements on the state law the licensing requirements is the the state will be enforcing well who's going to enforce our ordinance in our ordinance our zoning ordinance we will enforce so right now we have all of these as interm use permits so before somebody could um before we would tell the state that they're in compliance they will have to come here and get an interim use permit we will be looking at that and we will have to enforce our own iup what what are we going to do with with the state then do we have to give this report everything to the state then or yep when it's when it's approved then we tell the state that this one's approved and here's their permit what does all everyone else think on the cultivation well if it's limited to Industrial and Commercial I don't really have a problem with it being outside as long as it's fenced and secure I guess I think they're going to do that on their own they because that's their that's their money right how about setback requirements to residential area well you can't do that well if we make it in a building then there are because the buildings have setback requirements mhm but it's agricultural so you can use every part of your land so what's the difference you can't use by the ru no you have they're if you take a property across the road here that backs up to a residential property basically they could use their entire property for that and it would back up to you know the residence the fence the fence would have to be set back though no be on your property line or within your property line well it' be a few inches and at least right much that'd be part of keeping in the building for now but until we determine what the I don't think someone that has residential backed up to a industrial Zone would appreciate the cultivation coming up to their property land I mean maybe I would you don't know I don't know but I'm guessing that either way they're going to have some security issues with the idea next to residentials that's just gives them that much more um people to get in but that's on the retail owner I mean right now that same property backing up to a residential property could put a fence up and have a junkyard right yes so what's the screening requirements right but you'd have that we could have that with uh cannabis as well if we wanted to that's why I'm like is there really a big difference then we'll have to add those so yeah uh Mr chair so what would those requirements be because they would have to come to Planning and Zoning to go through all of that to get there and so we could discuss what we really mean by building that type of thing if there's any kind of because they're going to have to present a plan to us right we're going to need as long as they're within our commercial and Industrial requirements they don't have to get anything more from us okay we already have all those in place no these were the iups yeah but this is specifically for a cannabis it doesn't it doesn't actually say anything about size of the building nothing like that that goes back into no I'm just yeah talking about back back to the discussion about building or structure what's the difference that would be I'm assuming presented as part of whatever plan that it's not a building Without Walls kind of thing yeah but and then there's a size con constraint okay so if you cultivate this inside of a building one you got to have the proper ven we all know that's a big deal the dirt and all that to allow for such and then now you're going to need so much more square footage for a building and to prove that you're using it for cultivation how do you control that if you go for a building only for cultivation I think there's several other companies that are doing it exactly like like that they got them in big green houses I don't know yeah that's what I'm saying do you want that they moved it out basement with grow lights to you know green hous with gr I know and that's the thing as a city do we want to see that or we'd rather see a fence with stuff growing behind it we have a lot of wooded parcels and some places there's some real nice spots to grow it in I don't doubt that but that's what I'm saying do we want to we do we want to require a greenhouse house or do we want to be okay with them to do either or I I don't think you're going to really control that ever to a an degree because there's always going to be somebody out there that's going to create the his own Dynasty you know because especially with now then because there's a good share of trees around yet and a lot of woods here and there spots that people can cuz we we have caught them some property iow know where people were trying to grow it and that was before it was legalized but we're talking about someone that's trying to get a license to sell it I think I think we're still going to have we'll get those people those you're going never going to get it and we know where some of those are because you know people talk you we'll have them always no matter what that you can't get around that but we're talking about the ones that are controlled through the state through licensing I don't know I guess I'm too old to ever get involved with you know using all that stuff because I see no reason to have it but that ain't probably the way it should be but we used to grow hemp you know and hemp is a lookalike it look just like a marijuana plant you know and we made rope out of that during World War II and there's a lot of hemp plants on certain Parcels that they claim you can never kill it out entirely and it looks just like marijuana and I know little or nothing about marijuana the difference between the two but they look pretty much alike you know and but then and during World War II they used a lot of rope for a lot of different things for military purposes you know boats and whatever and that's where that come from because uh and you can go drive around on the roads and if you got a good eye for it I don't myself but there's a lot of people that got an eye for that and they'll point out it's an old hemp plant kind of interesting when you it's one thing I might be concerned about if if it's outdoor is restricting lighting so I mean obviously indoor lighting is huge um and if we allow it outdoors I wouldn't want the light pollution now most light fixtures aren't going to work Outdoors but there's a lighting illumination issue under our our ordinance right okay it has maximum of lumens or whatever it can Shine off or whatever but that's restricting some indoor you know way you can do indoor but if if you have that same lighting outdoor that could that could cause problems so I don't know if if you say you can cultivate Outdoors but lighting is restricted to Natural Light I don't know probably the concern would be security where they probably wouldn't be using grow lights but the security well right yeah you guys remember when Harvey had this corner L up and he had his lights going out instead of in yeah you couldn't see at that intersection right right yeah so that would yeah I would say you define it different from you grow lights versus security lighting the other problem is to the enforcement of that because probably one of the best examples of what we try and do here is St Patrick's Church over in O Grove because they light up their whole parking lot but none of the light escapes past their right the black top yeah where other people light out all their neighbors windows and and so the enforcement is is going to be we used to have this debate when when Barry was here is he going to sit out in the middle of the road with a with a meter right and measure what the lumens are at the middle of the road or at the edge of the road who's going to enforce that not our deputies will play in not them some of our vehicles have great lights so whatever that the the vehicles we drive now have super bright lights this is crazy those are temporary before before we go any further I got to ask the question is the legal Publications and the mailings posting have been been complete yes okay I make sure that's in a minute S I think the only place we just posted this on the city poon right and it's in the newspaper no the news there's no mailing no mailings I didn't see it on our website was it there that's a good question I I was just on there it was in the newspaper though it's in the newspaper it's posted where we have to in the city office but I don't do we have a spot I didn't see under pnz do we have a spot for public hearings on on our board on the website oh I I couldn't find it when I was looking okay is that important all to deal with the lighting or this something we should be waiting for um if you want to change it so that cultivation can be outside then we would maybe need to deal with the lighting but I do think there's another section of your ordinance that's going to deal with the lighting anyways that um would apply here too okay regarding like not leaving right a site so okay as I was just saying though it's it's you see it on buildings all around now and nobody enforces it mhm and and and if you're growing this near a residential area you know in the middle of a commercial park that's one thing but if where we have the corn fields and soybean Fields now those are up Oak Grove or over here they're right next people's homes because the lighting wouldn't be for growing it would be for security right you're not getting and that would be for at night I doubt that would be year round because it can't grow outside in the winter no I mean and that's why we were thinking indoors would probably be fine up here who's going to want to you're going to do you're going to some for half a year yeah either they're going to have an outside Source or they're going to do their own and either they that's the other thing if they do indoor what is the building restrictions then like how big can they build this building in perious you know surfaces and such is that covered that would be covered in all your other rules that we already have so they have the right amount of parking they'll have to deal with their okay storm water run off they'll have to deal with all that just like everybody else okay and if they have less the square footage growing area indoors they can grow year round going and get a lot more so probably trade off and again you can always amend your ordinance later to add the outdoor cultivation if we find that someone has really found a good way of dealing with this and here some examples where it's working for a variance no you can't apply for a use variance question about uh section 2 G it lists the retail hours 10:00 a.m. to 9:00 p.m. is that from ocm or do youf those um that is the maximum that we can limit them down to if we want to limit their hours can we say Monday to Saturday too is that seems like that I will have to check that part it seems like it should be similar to other restricted you can go into a smoke shop every day of the week though so be careful about that it's a it's more like alcohol and smoke there alcohols on Sundays too I know it's tough one isn't it we can check if it's possible I guess yeah see if I can find that really quick might be something that they're already working on through their can management but you can't buy cars on Sunday no right nope you can't um no there there was a part where you could opt to restrict the hours a little bit more which is what I did in here um and I had used their suggested language for that but now I'm trying to find it in the statute itself and yeah they cover temporary events which is allowed except for 12:00 a.m. to 6:00 a.m. for temporary okay I wonder if that's going to be part of their management license it'll so tell them what days they can and cannot operate just like a used like a car sales like you said um RV sales are the same as Car Sales they have the same licensing so they're only allowed to to sell on certain days I would think to you so the way the statute is is they have certain hours that it can't occur within and then they allow local governments the ability to prohibit retail sales between the hours of 8:00 a.m. and 10:00 a.m. Monday through Saturday and 900 p.m. and 2:00 a.m. the following day because they prohibit it between 2:00 a.m. and um 8:00 a.m. so the wording is kind of that is funny so they did say Monday through Saturday for something there you could 9:00 a.m. to 2: p.m. it said well because it but it might just be Monday to Saturday because on Sunday they might have later opening hours in the other part so whatever the most restrictive is there I think you can put that in for suay yeah I can I can verify that part and add Monday through Saturday if we need to I would be okay with that yeah can we restrict the hours on the industrial area of operation for manufacturing I don't think I don't think you really can I mean it's typically there growing 24 hours you know they've got light for growing is light Automation and all that oh manufacturing manufacturing part of it right I don't know that we can do that I can ask our attorney that question I've not seen anything about being able to restrict hours though for anything but the retail do we restrict any other hours of any other business in the industrial Zone I can't answer whether we do right now but you certainly could theoretically yes seems like we could apply the same rules if there are restrictions or maybe they already exist then I know we've restricted some hours of operation for iups in residential areas but yeah in commercial I don't know yeah if we need to worry about it or not yeah if it's if it's near a residential so some Industrials and residentials are so close making noise or something with their processing manufacturing that midnight or something on there'll probably be a big push to start with once everybody gets G up and running and then afterwards you'll see them dropping out yeah andless all young kids nowadays are going to be doing that I don't know you said wait and see oh I don't think it's going to be only young kids to be 21 to get by it get to all the old boots they ain't going to be doing it I've seen a few of them at some of the Cannabis locations up north they're all edes so do you under the um manufacturing processing Etc do you want me to try to embed some hours of operation that that business can be if it's okay to do if they don't do it through the State Licensing already I would wonder that they have that already planned they might give a flexible range and allow us to tune it like we do with the retail and they may have through the state their licensing that they're doing they may have already talked about you know x amount certain days of the week and not uncertainties who knows um if we can do that are you thinking like 700 a.m. to 10: p.m. kind of hours or I think 900 p.m. is the it should be the latest that's pretty late any time of the year your time I oh I was she was talking manufacturing manur yeah so I'm thinking 9:00 is probably more than enough for manufacturing 9:00 p.m. 700 a.m. is probably fine what if they operate 24 hours a day they wouldn't be able to if we put in hours if we're allowed to put in hours if they do they're in what volid violation of their IOP through us and losing their I think you could only limit the retail part of it I don't think you could if you can I don't know there's so many so many unknown at this point there is and what I'm thinking what I'm thinking though is that um so we need to have something adopted as I think you guys all know in time for January 1 so I'd like to see if we can get a recommendation from this group this evening and it might include things we'd like to include hours of operation on the industrial related items if we can and then myself and attorney ruie can sort through that before we bring that to City Council in order to give the city council as much time as possible and they may very well send it back to you for more discussion next month but sounds fine to me yeah okay yeah good what we've talked about so far yeah if they don't say we can't restrict it we probably still a little on the fence on whether we should leave all cultivation in that one or not but if we leave it that's fine too so a great deal of these could be restri operations too but they still have to be in an industrial or a commercial location they can't be in a residential Zone than they would be in violation but it would still be a m po it could be yeah I would guess most would still I don't think you can make a living at it probably if you get enough people at it ruin they have no limitation well what was the question the state has no limitation where you have the uh operations it could be anywhere in the city we we control our zoning so we just cannot exclude them from not being possible so would it be this is a side subject maybe but um if somebody had a business running in a residential had it you know iupp for that and then next door they open a daycare like a home daycare opens up do we just resolve how do we well the daycare wouldn't be able to open up if they were coming in after would not be able open up then right now we're only allowing the Cannabis the daycare could open but they just can't kick the as the I was valid if you look at paragraph F under both of those two sections all right we do have something in there CU statute has already covered that um so nothing in these Clauses can prohibit an active cannabis business seeking registration from continuing operation at the same site if a school daycare Etc opens up words they have to shut down no no they're Grand they're kind of Grandfather it's but if they do shut down then they could understand yeah so is there I guess from the reading I couldn't see anything that would restrict a manufacturing site from having a retail store in the front is that allowed so there are um some different types of kind of combination businesses that I'm I'll be honest I'm not going to pretend to know a lot about but there are some types that can then also get a retail um license that kind of goes along with the to answer your question I believe yes kind of almost like the almost like a brewery kind of right with a tap room and yes sales it's just a matter of as long well and are we concerned about that I mean well if you allow one permit that's all you need to have in the city so right if someone already has it then they the other one could open so did we decide on the cultivation or not I have I don't I don't you're up in the air right now nothing been this group has landed on anything so Mr chair I think Lars you had said this and Cindy you had mentioned if you go more conservative now you can always back off right but if we have to have something by January 1st so the council can get this before that get it in place I think you the recommendation would probably be go with it more conservative and then see what the state since the state hasn't figured out what they're doing yet it would make sense for us to go conservative because we can back off once we know what the state's doing and what the potential is here in now then so if we go right now as all of it within a building cultivation manufacturing testing all that within a building and the state comes out with their little suggestions we can always come back and change ours yep it's fine no different then you could also decide later that you wanted to issue more than one retail license and you would just change that ordinance as well yep as long as the county would allow us to have cuz there's so many per County or whatever right no that's like um you can't restrict it to be less than so many per you can allow as many as you want it was less than okay but to that point if the county has the minimum already you don't have to right do anything because the County's already served M so there's no cap on it but there is a minimum per County right but we're under 12,500 residents so we theoretically could ban it if we want oh we can't okay we have one one we okay one but if the count around us has plenty we don't have to have that one right okay and that's something that we talked about building into right into that retail registration ordinance that the council would get is that we'd be limiting it to one unless there are already X number in the county and then the city of now that would not issue one okay so to that point how do we know how do we find out from the county where that sits fun it's a good theory but it's like who's who's tracking no good good question and I don't know the ocm has track of all the permits issued right theoretically when the ocm would ask us for that zoning review we could ask them back how many retail registrations are there in the county right now yeah because I looking at this saying how would we even find that out if if that's where I running yeah that's where I would to to find out so that office ever actually gets running so I'm not suggesting this or even considering anything but um the state does allow a municipality to operate a municipal store um is that anything we'd need to address in the ordinance if we wanted to do that no and um even if you did operate a municipal store that doesn't count as your want one okay so so unless there was I want you know Harvey Greenberg's rolling in his grave right [Music] now roll over if you said that to him we talked about immuni way back when we first became a city what our options were from nothing to a ammun to anything in between oh he was he was at every meeting how dare you right I no intention of buying to go like it's funny how many cities though that is the first thing they're thinking is can we make money off this yeah larger cities can do that some them do really well with their mmun and some of them really struggle do we need further discussion on this then well so I will how about I read to you what I have taken notes on this version so on page one under cannabis retail business I have it including the lower potency hemp edible retailers then on page two I think it's going to end up being City in that highlighted one that we have to choose but um still kind of leaving that open until we get all the way to the end here with the ccil um on page three regarding the retail sales um you have a recommendation that we check on whether we can specify that that's Monday to Saturday and to include that if if we're able to do that and then on page four we have all cultivation manufacturing processing testing and storage shall occur inside a completely enclosed building and then if possible to add in an I related to ours operation um 700 a.m. to 9:00 p.m. would that be Monday through Friday then um I'm going to leave that up as well to what but that's what a question would be yeah like leave that maybe so they don't have manufacturing during the weekends possibly I don't know I don't know hard to say um and then I'll if that's your recommendation then I'll talk to the attorney and I'll include those in the version that goes to councel if he feels that we can y think those restrictions whatever is most restrictive for the DAT that you can y control that so those are the items I read if anybody has anything else can we add a sunset Clause to the ordinance that repeals it automatically if uh if the state law changes how would they have if if the state law changes their license is already up in Hiatus and they have to get back into licensing right so if if if the state law eliminated the licensing and we already have that you have to get an iup and one of the conditions letter a is she have appropriate license or endorsement from the state that automatically yeah Reves iops and well it's going to automatically mean nobody can yeah their existing ones will not be in compliance with theirs and um I don't know how we could approve anymore since somebody couldn't meet that condition so we'd end up having to change the ordinance but yeah or if the uh State Law changes to be more restrictive that then they would be within they'd be outside of their licensing or allowing more restrictions maybe or we could if if they allow more restrictions you'll just have to come in and amend the ordinance and while that's a possibility it's putting toothpaste back in the tube I don't think I know sounds like fun right or if we become more restrictive after if no one's using possible or for new PRS I guess I haven't talked to anyone anyway all that's for this change so should we close the public hearing and act okay we'll do we're going to close the public hearing at this time now we'll act upon it and uh she has some recommendations here uh to add to the ordinance uh do we have any other things at this time we need to add to that I feel like everything we discussed is fair and covers as much as we possibly can without knowing the final States Solution that's right we it all depends on what the state comes up with that too so uh you think that's complete enough then yeah and again there if we find out new information between now and when this goes to council you know obviously we're going to at the staff consultant level we're going to add that in for the council but you know with a note that this wasn't available at the time that the Planning Commission saw okay somebody would somebody like to make a recommendation with uh our planner has just revealed to us accept this with a motion make the motion okay commissioner uh Carlson made the motion do we have a second to this motion I'll second that commissioner Perl second it is there any further discussion seeing then I'll call for the vote all in favor say I I I opposed motion carried so now it's things to follow through on it and I still say there's so many unknown things here that that's what I'm concerned about I think it going be changed could be okay is there there's no no other item on the agenda here so we're waiting for the motion Jour make the motion okay commissioner Jer has made a motion I'll second Comm B second say [Music] i f leing