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September 7, 2023 City Council Meeting

Lakeland Shores City CouncilMonday, September 11, 2023
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all right okay so what would happen well we would it would have gone back to the to wherever and somebody else would have got it maybe they needed them called order the city council meeting of September 7 2023 uh can we take will call please here here if you would all join me Pledge of Allegiance congratulations can have a motion to adopt the agenda I'll make a motion to adopt the agenda oh second emotion all those in favor aye all those opposed um we have two uh matters on the consent agenda approve the monthly claims and the June 29th 2023 city council meeting minutes um is there a motion to improve the consent agenda I will make a motion to approve the consent agenda second it all those in favor aye and I take it Kim that public comments is not the public hearing that's right so moving on to four all right well just ask if anyone here had just generic public comments not referring to the agenda item um for the public hearings and that would be now okay anyone goes except for the condition s does anybody have anything else to say yes anybody that's going to say something appreciated if you keep the remarks somewhat uh short and if it's repeat of what everybody else is saying make it even shorter and um and you need to sign in with your address okay Council I really appreciate what the city was able to do for doing the cleanup after our winter fun storms and I appreciate doing that and I know it costs the city a fair amount of money to make that happen so it's our budget for next year allow us to replenish the funds that were used for that purpose First Street South it's my understanding that answer your question as to whether or not we're gonna get a portion of the approximately eighteen thousand dollars we spent and the cleanup uh it's my understanding that we're supposed to but we've heard very little since we've submitted the uh necessary paperwork in order to qualify for that reimbursement and um when we do um I'm sure if you noted on our website but um you know we're expecting it okay and I honestly Kim I can't remember what it was you're supposed to get two-thirds or three quarters of what it was that you've spent in return well that's Mr mirror that is in fact the correct topic but what I'm wondering is if that money doesn't come through do we have a sufficient Reserve to be able to take care of a similar event in the future yes yes okay thank you [Music] foreign thank you for the time my name is Andy beautiful I live at 127 Quinlan Avenue I do snow removal for a living I would just like to maybe look at the books and I know what is going on with the snow removal and it's not very good and I would love to give you guys a bid sometime or talk to you further down the road about that the snow removal what they do is coming in using a loader coming back again using another machine there's no reason why we should be double paying and using multiple different Vehicles when you can do it with one simple thing so that's just a comment that I just wanted to make thank you for your time other comments moving on to new business we have a is consideration of resolution number 2023-06 the 2024 preliminary budget is there a motion to approve that I'll make a motion to approve the resolution 2023-06 to 2024 preliminary budget is there a second I will second that motion for a total of 189 770 I believe and is there um any discussion just for the information of those that are here the budget amount is going up approximately nine thousand dollars for next year which gives us a little bit of a leeway a little bit of a cushion in case we have other emergencies or things that we don't expect happening all in favor of uh resolution 2023-06 2024 preliminary budget all in favor aye aye any any opposed be under unfinished in new business consideration of resolution number 2023-07 the 2024 preliminary Levy is there a motion to [Music] um approve that living amount I'll make a motion to approve the resolution 202307 for these Levy of 189 270. second the motion is there any discussion all those in favor hi hi all those opposed uh we are at Sea Of The Unfinished a new business and this is the public hearing consideration of ordinance number 2023-01 and uh interim moratorium for adult cannabis sales since we are opening the public hearing at this time those that wish to speak on this particular matter feel free to approach the um and give her name and address what before you is a moratorium on the adult campus what the state legislature just approved they also gave the Authority for all cities to put in a moratorium to develop ordinances relating to the sales and this is the basically the sale of marijuana is as most of us think of it as an adult canvas yes that was approved by our legislature in 2023 and will not be allowed until 2025. okay and just for anybody else's information there are no rules that we've been given of any kind that would describe exactly what is what are the boundaries what are the guidelines that we need to go by so of course everybody's assuming that we're going to get those sometime in 2024 but when that's your name and address hi council members Bishop mayor Bishop my name is Regina kolkeski and I live at 16601 2nd Street South in Lakeland Shores I have been a resident of Lakeland Shores for over 30 years over the last 30 years we have welcomed new neighbors and businesses into our community but the business of cannabis retail sales is not what I want to see next to my home or my neighbors we are a neighborhood of elderly and Families Our Community loves our bike path and uses it year-round while our neighbors and children be safe on the back on the bike path and on our streets if we allow this business to come into our small community we need a family friendly business to come into Lakeland Shores not a store where we are worried about the increase in crime and possible violence we don't know where people may come from to shop at this store will my six grandkids be safe in the neighborhood along with all the other children we don't need more cars on our streets they are in rough shape as it is we don't want parking on our streets or in front of our homes and yards I am concerned with the possible increase of for crime and additional work for our Washington County Sheriff's Department they do an outstanding job of patrolling our city why would we consider a business like this even if it's being legal cannabis is so new to the state of Minnesota many larger communities need to figure many things out with this new law it is on our daily news with concerns it is not the right time or place for Lakeland Shores to become an area for cannabis sales what will the business like this do to our neighborhoods and our home values remember we have 475 young children at our school one block away from this business our community has welcomed many businesses in our little town but do we do not want cannabis retail store I love meeting new community businesses and neighbors but this is not the right fit for the City of Lakeland Shores mayor Bischoff and City Council Members I want to ask each of you this question would you want this business next to your home Mr Schroeder would you like this business next to your home no Mr Wilson would you like this business next to your home I can't answer that question because we don't know what that business is yet well we're they're trying to get a cannabis retail sale no they're not trying to get a cannabis retail sale what are they trying to do then trying to do something that's uh public hearing right now it's not a placing a moratorium on adult cannabis businesses which is not even allowed right now okay so that's confusing very it is okay so okay this isn't uh going back and forth this is just for your guys okay so please consider the concerns you hear tonight before issuing a conditional use permit for retail sales of cannabis at the location of 177 Saint Croix Trail South Lakeland Shores thank you for listening thank you for presenting thanks Ricky thank you uh if there's anybody else would like to speak about the moratorium that we're considering at this time this is on adult cannabis sale moratorium there's nothing to do with CBD vaping smoking cigarettes or any other inhaling products okay b-e-s-a-w and um I lived in the community for probably about 40 years so you know I don't own a house but I live here and my thing is first I go down to the Afton parade and then they have pole dancing you know in the parade and I got my little grandkids there you know and that's not the community that I raise my kids in since I've been here and then this is you know then I see this and I've only been here two times today and when Billy bought the property and I remember really saying that he was you know going to put it up so that you know he was going to protect our neighborhood well who is um actually filing for this is this Billy or is this uh once again ma'am you we're dealing with a moratorium on cannabis sales not to the conditional use permit for what is basically considered CBD okay and I recognize that some people don't you know they're all THC products sort of but um you know I think we can answer your questions perhaps in a better way when we're actually on that subject matter as to what the conditional use permit is about okay well I I you know I just feel that it's not you know I the speed limit in my neighborhood it says 20 and I have a lot of young kids that are probably 16 17 18 and they're speeding down their street today I go down my street and someone put bumpers and I think it's the people that are that live in that neighborhood put it in the middle of the streets you know I just don't want speeding any more than anyone else and I'm just you know not happy with it and you know and the people I don't even live I have a friend that lives over there and I have my daughter's in-laws that live over there but the thing is you know if they're going to do it why don't they do it over by the liquor store instead of in the neighborhood okay anybody else would like to comment on the moratorium for adult use cannabis Dennis Lund here again uh yes specific to the moratorium since this is a new area I looked on the Minnesota League of cities and asked you know looked at their questions on what they were saying uh they're thinking there won't be any guidance until January of 2025 on what the city and the businesses can and cannot do and I really would like to get us more torm in place so we as a community do not issue some sort of a conditional use permit to a business that business opens operates under those terms the state then later changes the rules and the city and the business and the state are all mixed up in some sort of a crazy how do we comply with this but allow the business to operate so I'm strongly in favor of a moratorium so we don't sell something to it we don't give a business a conditional use permit that puts them in a situation that just potentially fail and then as we look at that conditional use permit for the moratorium we can study it and come up with a reasonable ordinance for regulating businesses such as cannabis or other products whether we choose to include in the ordinance thank you thank you thanks anybody else want to talk about the moratorium hi Julie thrown a 16 for 11 Division Street and I'm in Lakeland I wasn't going to speak but the more I thought about it I have strong feelings about this in Lakeland I've lived in Lakeland for 60 years I have a great passion for this Synchro Valley and for Lakeland Lakeland Shores the whole Community along here and and what goes in it um I think as a resident that long in the valley we also live right next to a commercial property we have for over 20 years and so I see uh what happens when you live next to a commercial property and if that conditional use permit that's put in place works and it's it can it's doable if it doesn't um it's a nightmare and we've had some nightmares so um I think with the lack of full information on this issue I think there's no rush to to issue a conditional use permit and like Dennis said if it's not complete um it could be hard on the business owner it could be hard on the residence and I think a moratorium would be the wise choice for Lakeland Shores thank you I just I just want you and this is in the back and forth thing I just want you to be aware of the fact that right at the moment we're not talking conditional use permit okay we're talking about a moratorium on adult use sale of cannabis or THC products okay right but I think to be issuing a conditioning determit and I know that's down the road um you have to do it wisely and to do it wisely I think with the the um you have to have all the information to do that and so a moratorium would give you that time to get all the information that you need thank you is there anybody else would like to speak on the moratorium my name is Roger torney I live at 16554 Second Street South I'm right next to the business that you're talking about and when that when that last one went through for the car sales I was told that there was going to be more fence built between my house and that business and that never happened and that place has been for sale for quite some time so I don't really know what's in the mind of the person that owns it but my question is we got a grade school I ditto everything Reggie Reggie said we had a great school block away this is a small community and I just feel like not in my small town if you've seen what's going on in the news and on everywhere else this is something that's you know and and then if they get the permit what's the next thing he's going to want to do I mean there's no limits there there's no security cameras I mean who knows what's going to be going on over there so I would like my property taxes to stay at or increase in the value instead of worrying about not even be able to sell my home if there's some kind of a business like that next to me this is a situation that should be used but St Paul Minneapolis figure it out first why do we have to be the guinea pigs this is a small town they can buy that stuff over and right across the bridge we don't need it so those are my comments okay thank you thank you anyone else okay so we will close the public hearing on the what's that okay um they have a motion I'll make a motion to close above the hearing is there a second I'll second the motion all those in favor aye so Kim at this point we need to uh quote on that moratorium is that correct correct so you all have as far as the city council goes um you do have that moratorium in front of you you've had an opportunity to peruse it and look at it and you understand the that well it's been said several times so I will keep a brief that this is concerning the sale of adult use retail sales of cannabis and Tiff which involves THC of certain levels is there any is there a motion that we adopt the resolution 2023 um 01 the interim moratorium for adult cannabis sales is there a motion for that I'll make the motion for the ordinance number 2023 0 1 and interim ordinance prohibiting the operation of cannabis business in the city is there a second I'll second the motion is there any discussion I guess I have a question is that this ordinance is to go until 20 January 1st 2025 correct yes okay [Music] and it's not legal to have that business until January 1st 2025. is this redundant or am I just reading it the wrong way could be a little redundant but I think that just in general because of the unknowns which are all because yeah information um that this is a way that we can study the issue and perhaps as a town come up with if in fact the application was made for that kind of license whatever kind of license the state describes for the sale of cannabis that we would be in a situation in which we have thought about it we have thought about some of the pluses and minuses thought about some of the rules we might want to oh I don't disagree with any of that okay I just I guess my point is is that the state says it can't be done until after January 1st and it's not January 1st 2025 it's until after that at some point so the way it's worded is they've even given theirself leeway as to when it can happen but I guess what and I don't have here's my one of the things that I've run into is the fact that in general and I talked to Kim about this briefly is that cannabis sale is retail is what it is and so we would have to do something because we allow retail sales in in our in our commercial Lots it's just part of the deal it's an improved business I don't disagree that we have to address some things I guess the thing is is if we want to do that I think that's fine but we're doing a moratorium on something in a cap can't happen until after the same date no I don't seize that as a big complaint I just see it as a bit of redundancy as I've already mentioned and um you know it's not going to happen until after that anyway one way or the other I think we have to look at it from the standpoint of how we encapsulate that into to cup appropriate businesses and a lot of things like that I think that's where the work has to go in at that point that's just my point of view well I think with this moratorium that uh you know not to repeat myself but I just think that it'll maybe prompt us to get moving on some thought process at least get the skis on not get out over the tip but we obviously I don't disagree I can't respond to it to certain things broad generalities we can but we have no idea what's up that's all we have right now is Broad generality since there's nothing specific so is there any further discussion all those in favor of uh resolution um 20 2301 an interim ordinance prohibiting the operation of cannabis business in the City of Lakeland Shores all those in favor say aye hi hi all those opposed with that it would did you vote one way or the other no I didn't okay we have one abstention and three agreeing to the interim Wardens moving on to consideration of resolution number 2023.08 some republication of ordinance number 2023-01 American council members anytime an ordinance is adopted you need to publish that and the paper and the resolution before you authorizes a summary publication just to limit expenses I make a motion we approved that 2023 was it oh one oh oh wait I'm sorry oh second motion all those in favor moving on to uh public hearing on consideration of resolution number 2023-09 thank you oh mayor council members if I could briefly go through the staff report yeah not only the council but for the people that are here I'm looking forward to it yeah we're drawing it's a staff report oh I got to stay up before okay there it is okay yep mysterious everyone ready yep yep throw your weight all right mayor council members um an application came in for retail use in your general business at 177 uh Saint Croix Trail South um the applicant has been uh advised that this only applies to the sale of cannabis products that were legalized as of 2022 and that that do not require a separate permit or license from the state um the city did just adopt an interim ordinance and we'll be working on the ordinance for the recreational Cannabis uh that may be available in 2025. we don't know that yet um this went to your uh Consulting planner she did a review of the application the application was complete a public hearing was noticed in the paper she went through all the existing site conditions which no changes to that that building or site have been proposed she noted all the zoning and dimensional standards she reviewed all of that for the city ordinances and the application does comply with all the zoning and dimensional standards she went through the access Drive Landscaping screening parking determined no additional parking spots were required there is a draft condition regarding lighting performance standards which a plan would have to be submitted for City approval just to make sure they meet all the city ordinances cut down the Vegas effect yes exactly um and then as previously noted the applicant is proposing to operate a cannabis retail sales business from the subject site the proposed sales are only for products that were approved for sale as part of the Minnesota HF 4065 bill that was passed over a year ago the proposed retail operations are not authorized or permitted to sell recreational Cannabis or marijuana that meets the definition as passed and approved in the 2023 Minnesota legislative session the applicant has always been informed and is aware that the approval of this cup for the legal products will not guarantee their ability to sell recreational Cannabis as approved in a just the latest legislative session uh the city has not prepared or adopted an ordinance and it is unknown where such recreational Cannabis locations will be permitted in the city in addition with working on that ordinance for the City of Lakeland Shores their the state is also going to come back with requirements um conditions standards this is a moving Target it would be foolish to even start working on that ordinance at this point so but again that ordinance has nothing to do with this application um based on the information submitted staff does recommend approval of the conditional use permit with the conditions which of course can be amended added to based on the Public's concern um but a draft of those conditions is included a conditional use permit is included in your packets for a review I will note that the hours of operation were not written in there the applicant did propose Monday through Friday operation hours 9 A.M to 8 pm Saturday 9 A.M to 8 P.M Sunday 10 to 5 PM which I believe is very similar to a liquor store I believe quickly stores close at five or six and now can be open on Sundays that's a change in the last I'm not sure how long in our lifetime at some point um I will just note that it is in your land use retail is an allowed use in your business for commercial and just uh it does require a conditional use permit I guess I will also note that the previous cup that was issued on this property um didn't really come to fruition it was approved there is a cup um but he wasn't in there long enough to finish fencing um certainly that would be a condition could be a condition of approval on this CFE that that fencing does get finished I guess the only thing of that question on the last cup and whether we can carry that forward is the screening between oh this is entirely new you can add the conditions that you want additional streaming streaming I remember Roger saying they'd come come down and cut down a bunch of stuff and so do you have any questions um let me just see if I get the straight As to we're obviously I believe proving the conditional use permit uh for this sale of for lack of better word CBD um perfect yeah and um so at this time are we approving the hours as well as the screening as well as the lighting situation mayor council members yes that is uh all part of the cup that you would take a look at tonight yes there is a draft CP in there with recommended conditions from the developing planner and then we would just or you would um add some conditions if you choose to do so and the applicant is here if you have any questions I will also note that the entire back at the staff report the application as it was submitted was posted on the city's website in the in the city council packet okay so let's go through those things that kind of raise the red flag to me one would be the hours but let's save that for last since that's the most difficult you know um I'm concerned somewhat you know by the fact that the previous condition used permit which I believe was obtained by Billy k um you know that they did not finish the fencing certainly an opportunity to do it but he obviously didn't get into selling many cars out of the place no um so I think it's important that that fence on the Eastern side of the dwelling and parking lot be completed much of what is there as I noticed when I was walking around the neighborhood the other day deals with Shrubbery that tends to lose leaves anyhow and therefore it doesn't provide a whole lot of great coverage or blocking the view from the person who lives next door to it um so I think if nothing if nothing else we need to make sure that that is part of the um cop lighting concerns me there's obviously something in there about lighting being uh probably more lighting than has presently been used there and I think some of the results from the fact that uh it's a cannabis product and that there's some concern about the security of the Interior as well as I suppose any place else on the property so um I think we need to have some information concerning where the lights are and what type of Lights we're dealing with there well one of the conditions on the draft cfp is a plan and fixture type for security lighting Shelby submitted for review and approval by City staff such light fixtures must comply with the city's ordinances and may not adversely impact adjacent residential uses so you already have in your your city ordinance um standards for lighting okay so um and then there was a just an additional uh condition that was added that the exterior lights not used for security purposes must be turned off within one hour after the close of the business as established in the hours of operation and I'm assuming that the okay um so they're gonna have to come back before you and ask you Kim uh whether or not they're within what the city ordinance allows so it's not something that comes before the council it's just at a staff level okay and then we're dealing with uh hours of operation and [Music] [Applause] um well Mr Mayor and council members can I please just get a little bit more clarification on you mentioned you want the fence finished yeah and where is that fence the fenced on the east side it's on the east side and there is a fence on part of it yeah kind of up to where the building stops but then the parking lot part of it is the north east side is got the fence right that's right yeah back where the drive-through was kind of background continuation right continue towards towards to what is that Second Street yeah okay and then additional screening where so then yes you would just be discuss the hours of operation and I think in their proposal you've already mentioned what they are envisioning as the hours of operation are we at this time agreeing to those hours of operation if we pass the conditional use no we need to the conditional use permit was drafted with the hours meaning being blank we we need to fill them in this evening okay but what what the applicant proposed in the application was the 9 A.M to 8 P.M Monday through Friday Saturday 9 A.M to 8 P.M Sunday 10 to 5 PM that was listed noted in their applications that needs to if you guys are okay with those hours but if you want to have a discussion if you want to revise those we will fill them in to the actual cup okay is there anybody would like to uh I have some discussion concerning those hours tomorrow hours were I don't think they were that late were they they went well they weren't open on Sunday at all I thought that he was like seven in the evening yeah it's a resume but it was there was I I know uh I'm gonna use the term appointment sales for like a better way of saying and I know I saw him in there later but I'm sure somebody made an appointment for that reason which I don't know if we even discussed that on that cup but I get that working at another car dealer it's the same kind of deal if you can come in late they'll stick around for you and so but his hours of operation I never really knew what they were because there were days there was nobody there does anybody feel that eight o'clock is too late I kind of think it's a little late for there's residential homes right next door to Residents they had to pull into the residential neighborhood to get to the place if I if I lived there that would be my concern well I'm thinking about eight o'clock and I'm trying to think about young families and stuff like that and I don't that doesn't seem to be a big problem for me but um um you know basically I mean this time of year it's dark now I mean it's 7 30. yeah and so it's it's going to be uh but well if I had my way it would be uh nine to five but I recognize that cuts into uh people coming from work wanting to purchase a whatever it is that they're able to purchase it um I I just think that you know because there's a certain amount of I'm assuming that the doors are closed at seven people aren't you know if you're in the door yeah if you're in there you're you I mean are you ushered out at seven or are you I think you're thinking the same thing I am crop an hour off the end yeah you have a seven o'clock instead of an eight you know because um it just I just think that uh you know I'd like to crop three hours off but I don't want to put the business out of business before it starts so um is anybody uh for you know changing the hours from let's say nine to seven nine in the morning to seven in the evening I don't have a problem with that I mean I just think there's a certain amount of coming and going that no matter what even if you say you're closing at seven that you know people aren't out of the parking lot or if it's not it's not like Northern Tool they locked the doors at seven o'clock even if there's people in there I've done that I don't know I guess I just you know it is commercial area and that's what it's meant for retail sale point and you know yeah there's a residential neighborhood but that people when they moved in there they know that was a residential neighborhood you know they knew their Bank was there yeah and the bank was there all the all the businesses that go along with it along that road uh that's my only point I guess and if you're looking at it from a lighting perspective it's probably more like coming across the road from the you know from the strip mall because I you know and I guess I look at it you know you got retail sale you got the gas station cross street you got people coming and going there's a neighborhood back there but you know that's just my opinion well and I I want to imagine that they're the you know and I guess we could ask them if the the sales you know that they're probably the top of their sales will probably be towards later in the day from four o'clock till closing I would imagine I don't know it's hard to say Mary household members of what I will suggest is that you guys just kind of keep that on the back burner think about it um but let's open the public hearing and hear from anyone here on the cup application okay um some of their comments you may want to incorporate into some conditions of approval after that public hearing is over then we can certainly ask the applicant to come up and uh if you have any questions for the application okay sounds good thanks so I move that we open the public hearing does anybody wish to speak on this [Music] Dennis Lund you got my address let's start off maybe you can clear up a little confusion in my mind we've talked about a moratorium and passed it here a little while ago that talked about the sale of cannabis products and now we're considering a conditional use permit allowing the sale cannabis products at a particular address we tried to differentiate between the legislation that was passed in 2023 which deals with adult cannabis sales for like a better term recreational Cannabis right as opposed to CBD which is a different animal right yeah so I mean so the moratorium Deals Only with adult recreational marijuana for lack of a better word I did not see that specific wording in the moratorium I guess I should have read it more closely I think members of the public which I can't speak for them because I'm authorized to do so but I have a feeling the people who commented on the moratorium were thinking that with the moratorium in place we would not be able to approve a cop for a cannabis business right and so that's a lot of confusion and I don't know how we deal with that I a lot of the people that spoke at that part of the public hearing were confused I understand that and I tried to make it clear to them that we were dealing with the most recent legislation that passed in 2023 dealing with for lack of a better word adult recreational marijuana and that really they were being a little bit you know um you know they weren't speaking on the moratorium they were speaking on a conditional use permit basically okay right and I'm sorry if that there was any confusion I think most people that left since most of them did leave uh probably had the idea that they'd gotten their message across no matter what we were doing and um therefore you know it was not necessary to repeat themselves okay okay thank you I hope I'm not repeating myself no no that's subject aside let's talk about the lighting I like that what you're setting you're concentrating the hours sound reasonable to me I'm not immediately adjacent to the property but I'm kitty corner caddy Corner say that from it with respect to the fence um a year or so ago we put a cup in place for a roofing company that's immediately adjacent to my location they said they're going to put up a fence they did in fact put up the fence however the fence they put up is not what was described to the console they chose to extend the fence and make it much longer I don't have a problem with that but the point being they were allowed to change the character of what they were putting in without bringing it in front of the console even though it was a condition of condition of the use permit that the fence met the characteristics of this side that side but not the other side so as we do consider the fencing perhaps we could put something in there that the fencing needs to be completed before the business commences or some wording along those lines thank you and is there any proposed limit on the amount of traffic that this business could have and I realize in a retail business I don't know how you do that but given or proximity to a state line uh you know there could be a situation where we would have quite a significant number of vehicles their shopping music for people shopping because they can't get it in their own municipality they can't get it in their own State and we could end up with potentially a lot of traffic and the problems that that would bring with respect to traffic control and so forth so I have no idea how to crack that kind of a nut or any comments on how to do it but that's that is a concern that it could be a very large number of customers perhaps into the thousands per day which great for the business owner not necessarily so great for us trying to manage that as a community thank you or any other comments for the public hearing on on the conditional use permit yes Mr Mayor one additional comment in case it wasn't clear I'm not in favor of approving a cop for this location for this business so uh at this time entertain a motion to close the public hearing I'll make a motion to close here I'll second it all those in favor aye aye okay now consideration of resolution Number 2023-09 application for conditional use permanent 177 Saint Croix Trail is there a motion that we oh perhaps you would like to say something well let's have a discussion something hi so my name is Kanan Martin I'm at 665 Quality Lane over in Lakeland and I did apply for the cup for the very controversial building that's going in right now or use for a retail business and I wanted to clear some things up I think first just to put some of the residents at a little bit more of ease I fully understand where people are coming from adult cannabis for sure is very new and that concept can be scary especially if people don't understand what that means and especially if they don't know who the business owner is and what the intention of the business can be and I wanted to make it very clear that we are not pursuing the moving Target of the 2023 adult legalized marijuana bill we are pursuing the very firm Target of the 2022 CBD Bill and to clarify some things for those who came up um I have just some expert excerpts from that bill that can maybe shed light on what it's actually saying it's a very long Bill and what it does is it outlines what exactly can be sold in the state when it comes to cannabinoids and in 2018 the federal government passed a farm bill act that if you go over to Wisconsin now you'll actually see that in effect where they are selling it's more or less the wild west over there um they're selling Delta 8 Delta 9 Delta 10 hhc hhcs all these different mixtures that are 2022 Bill actually does not allow for us to do and so it's a it's a more strict a set of legislation here than it is across the border so I understand the idea that people would come across but they actually have access to more on that side so people from Lakeland and Lakeland Shores and stuff go there another thing I wanted to bring up is the percentages and quantities of CBD and THC inside of things that are now legal like gummies or beverages or other things like that and so the bill outlines that um that it will not contain more than 3.3 percent of any Tetra Hydra chlora cannabinoid uh it's a hard word to say but any THC or CBD or things like that there's no ability for it to go over point three percent this is a State mandate and they actually send people out to test the products in these stores and so we work directly with attorneys in subject matter experts who are involved with this law as well as the state and the legislative process that revolves around this Law And so there's a lot of checks and balances in the products that are allowed to be at our stores and they do get checked and you will be balanced if you are out of compliance on any of those so it's not up to the city and the city can actually maybe take a calming's breath because the state is very deeply involved in this and then another thing is that the edible cannabinoid product must not contain more than five milligrams of any Tetra cannabinoid in a single serving and it can't have a total of more than 50 per packet and so that is actually something to praise the state of Minnesota about because across the country it's usually double and so they've taken steps in their legislation to ease the citizens of the state into recreational CBD and cannabis by kind of restricting the quantities that are allowed farther than we've seen in other states Colorado California Etc um so I think those were important distinctions to make between recreational marijuana and the Cannabis based products that we were are intending to sell not have been for sale across the state for a solid year now other than that the business um we lived in Woodbury for multiple years we moved recently over to my wife over there we've moved recently to Lakeland and I'm as involved as I can be in the Lakeland City Council and pushing them for a Planning Commission I cared very deeply about the place that I live I've got a child on the way I have two others that are here I do not wish to own a dispensary that represents a hangout for people who have given up I much more would like to have a dispensary that represents a place that people who need the benefits that are delivered through cannabinoids can get them in a clean and a safe in a comfortable location um I think a lot of people think of a dispensary and they imagine lots of glass pieces and a trillion different types of smokables and a kid who can't really answer your questions because he may have been trying the product too much and people hanging out outside not just kind of loitering and things like that and that's I understand that and that's what's portrayed in movies and that's what people have seen in different places that is not Our intention whatsoever I know that you have to take that at face value there's nothing that we can prove with that right now but we are very Community focused we look at these products because they help individuals with stress anxiety depression PTSD even all the way to seizures and we find that these products do help the community we want to be Community focused we understand the apprehension but we do have open ears and we are very willing to listen to any requests about may I would I would hate if a business moved in next to me and didn't care what I thought and I would never want to deliver that to another and so I definitely appreciate the town coming out and and giving their two cents on on the matter I am so sorry that it is a confusing topic and I do want to just do my best to reinsure everyone that we're looking to run a very professional high-class cannabis business and nothing outside of that so if the council or any others have questions for me I am always willing to talk about this subject and want to push forward with however I can to make our business fit here inside of this so I got a question you purchased the building we are in that process okay yes uh and then so do you have are you required to have Minnesota state license with a dispensary not under the 2022. okay 2023 when the percentages go yeah up and above and you start to get into the adult cannabis then there's an entire process that as you've seen they've started to outline but without a office of cannabis management right right it's a little bit of a moving Target so no ETF another question like you know you can go down to a candle store and still water and buy some goomies right and they got them right there in their display case so that's basically the types of stuff you're going to have or I've seen them at liquor stores across state correct you know it's all over the place correct but this isn't as potent as the stuff as the stuff you can get in Wisconsin and correct yeah so the Wisconsin and they've had it how long over there 2018 okay so if you go to I mean just in Hudson if you shoot over to I think there's like a vape pros and yeah I've seen that you'll see they list yeah a number of acronyms that all have to do with these products and if you look at the 2022 build there's a few like some of those are taken off specifically Delta eight and Delta 10 thcs so how many products are there available I mean I mean thousands Okay thousands and thousands but what's nice about the um bill that Minnesota has worked through and some I think the most important legislation that's in that bill is the products that are for sale here cannot resemble anything that is even looks like candy or could have anything that could be attractive to a child if you go over to Wisconsin you can see they literally have nerd rope that is filled with THC and so I mean come Halloween who knows what's gonna happen yeah right and so that's there's important factors that are here from our 2022 Bill like the inclusion of statements that everything must have giant lettering that says not for children right so there's all these kind of requirements down the path of of how we can sell that are much more stringent than we see across the river are you involved in any other businesses that basically sell the same type of thing that you'd be selling at 177. no I work with individuals who are and legislative I am not legislative I'm sorry uh legal entities that deal in that realm right now but this is our first true Venture into our own so the the group and the team that I work with has more of the I would say the the experience in actually the running of the store itself but they're mainly based over in on the other side of the Twin Cities and so on the other side of what the Twin Cities and so just there's a little far for them to so do you plan on being kind of a Hands-On or are you actually going to be there for most of the open hours yes my uh this would be a primarily a family run business so my intention is to be more or less the general manager and within the facility at as as much as I can be similarly I do have other businesses and one of them I think would be deeply involved inside of that facility I design and build mobile greenhouses including units that go inside of your home um the idea actually started during the beginning of the pandemic and it's mainly so that we could feed our family lettuce and tomatoes without having to worry about Minnesota winters and without having to go to the store and get stuff that flew here from California and is already bad and so um part of the bill currently you know people are interested in the concept of growing their own marijuana as has been legalized right and so I have people who come up and ask me how do I do that kind of thing and because I teach people how to grow lettuce in your living room there's kind of a direct correlation too you know some of those some of those efforts and so involved in that one of my businesses being teaching people how to grow plants and showing people how to use a passive hydroponic system eventually I think that would be partially involved but again okay yeah yeah thanks for keeping us straight up and just one final thing for myself you understand that I'm sure that you know when they come up with the rules for adult use recreational marijuana that you're going to be probably first in line or second anyhow to see if you can include that in that in your business plan you understand that us giving you a conditional use permit for the products that you've explained to us that you would perhaps be selling um does no way guarantee you you know absolutely okay yeah and then I I also want to say just I agree with the moratorium I'm not and against I'm not opposed to that I think that was the right choice we need to understand how these laws work and and so yeah I so any further questions really so when you say the hydroponic stuff is not in the conditional use permit he can sell that without being in the conditional experiment or that's something he'd still have to apply for as far as I've seen that it's mason jars and it's little plastic so it's just like it's included in the retail so that's fine okay does this business get the definition of an adult use business for the city ordinances I'm going to note that the public hearing has been closed um the application has been reviewed by your Consulting planner per your city ordinances anybody else have any questions um are you going to have any online sales then uh we believe that we will attempt to do that yes because I thought in the thing here you mentioned something about the drive-through correct is that part of the conditional use permit without the bouquet yeah yeah well it was it was within the parking spot stuff so I was just curious if that was part of the sorry there was another portion that was in there that also with the time the hours of operation I think we had indicated the drive-through would just be open during those hours and then you're fairly confident competing with Wisconsin what they have higher dosages and you talk about dosages I mean you can still buy two packs and it's gonna equal one pack at a different place right there's so that isn't that is a mindset that that people do have about that um I I can't disagree with you that that it potentially is a workaround I don't know if each product if you add that much and you double it if it's just a straight graph that way or if your body can't incorporate more or less unfortunately I don't have enough data on on that specific act um but if I I do believe that we will have a very good chance at competing with those businesses because those businesses I believe are the opposite of the type of cannabis business that we're trying to open they may have similar products but the style of those businesses I don't think that it is inducive for people who are interested in the beneficial effects of cannabis to go I think it's for people who there's a different style of business that's run there I don't want to be rude but that's just not the way that I think we want to operate I'm looking to do more of a boutique shop how about that and then what do you plan on doing for security so initially we plan on installing a security system that includes cameras uh based on that um we may have to up it to a security guard who would be on in the building outside of those things I mean of course within the guidelines of lighting and things like that I would want to make sure that the building has is well lit that there are eyes on that there's no Shrubbery or bushes that are kind of removing a view from the street once people drive by things like that I want to make it very open very clear very obvious when and who's in it not so and you're not on camera so um council member Hatton I will just note that um as this evolves and as the state decides what they're going to do that absolutely may be a requirement that these businesses have a security guard in place we just don't know yet right this type of business a security guard is not required um it is perfectly legal and but I did want to know you have to be 21 to enter the store and you are guarded and I didn't know that in terms of how old you had to be to purchase but it is the same as the liquor store alcohol you have 321 to purchase any of these products well you know I've been on a state I've been to plenty of the dispensaries and they all get carded they're not dumpy places some of them have armed guards some of them do online sales so there's no you wait you schedule you go in when you're gonna go and I've never seen a dumpy one or a CD one so that's great yeah I it's just the I guess the image of people like you were saying earlier is yeah yeah I think there's confusion across the topic and it doesn't help that we now have two bills that kind of compete against each other and say some of the same words but mean different things and yeah that there's a lot going on with this one thing I do want to add is uh if this gets approved uh we'll have to have a fire inspection with the fire department coming and doing a walk through so that could change to the parameters what they recommend also understood yes and currently the building is not sprinklered I wasn't able to see in the um in the ordinances if you had a square footage that required sprinkling or generally commercial buildings is it just period yeah okay so thank you okay any other questions so at this point uh we close whatever public hearing we have here oh yeah that was close right and um we're down to uh somebody bringing a motion and the consideration are we changing the hours of operation is that we've did you want me to it's not kind of up to us right now um just to speak on that if I can say one thing real quick yeah for the hours of operation I understand the concern about Vehicles pulling into a residential street and and you know lighting up a house a little bit as they drive by it um but if there is a requirement for a fence to screen off most of that area I wonder how necessary the hour change would be hahaha I think the only thing that's concerned me about the hour changes is that things just don't come to a dramatic halt when the eight o'clock hour arrives okay I mean there's people still leaving the store with whatever they've purchased talking in the parking lot that type of thing which you don't really have any control over correct okay and it just seemed to me that if it was at seven they'd be out of there by eight for sure you know whereas if it's eight they'll be out of there by nine for sure so um I yeah I understand that statement I mean I would say that I don't want people hanging out in the parking lot so I would chew them along but you know anyway uh does anybody wish to you know discuss the hour thing because now's the time to do it I don't think you're fine with the eight o'clock hours yeah I'm okay with eight o'clock okay something to the effect and yes it's very difficult to enforce but a condition that all uh customers need to be off-site by 8 30 pm he's going to be there locking up yep I just I honestly don't think he's gonna I don't think it's gonna be it yeah no especially between November 1st yeah no but that's certainly to ease that concern um and ease the concern of the neighbors a condition could be put everyone is off site by 8 30 exception let's review this you know down the road too we can review this down the road can we no cop no not not unless an amendment to the city comes in let's at least add that to it okay so what I have at this point is um a condition we'll be adding regarding the fencing on the northeast side to Second Street needs to be completely on the east side basically yes east side two Second Street right yeah okay I have a certainly we can add a condition it was your statement custom over stroller but uh do you want to add a condition that says the fire department will be doing an inspection yeah they're required to do an inspection yeah um do we want to add a condition that it the property because its commercial has to be the ingrown sprinklers thing the fire department will determine okay all right Rob Corey will determine and then a condition that all uh customers must be off the property off a site by 8 30 PM wait a minute no 8 30 P.M Monday through Friday yeah okay yeah so Monday through Monday through Saturdays nine to eight correct and then Sunday is ten to five yep half hour past clothing okay Universal fit got it that's what I have for the to add the conditions on top of the conditions that are in the drafts so at this time we're ready to vote on this correct I will make a motion to improve the conditional use permit as amended got it I'll second it any discussion all those in favor aye aye aye aye those opposed good passes thank you we have just a couple of other matters uh one is the condition a consideration of the 2023 spray patching um this basically deals with the West End of Second Street North as well as the North End of Lakeland Shores Road but the North End of Lakewood Shores Road and the West End of Second Street North he did receive a float that was included in your packets for you to consider if you want to can be done this year I would recommend that you do approve that we have a motion to approve the spray patching I'll make a motion to approve the space badging for the cost of 36.75 outside in the motion all those in favor aye moving right on to consideration consideration of treasure appointment as usual Kim has come through for us and has found someone that we're all familiar with or usually chief judge for our election um shown and um I know she's been working with Neil a little bit and as he indicated the she actually prepared some of the documentation it was presented to us earlier for the budget for the year of 2024 she's very reliable he's lived in the neighborhood for a long time somebody like to make emotional make a motion to appoint treasure appointment for John no don't help don't help I'll second the motion and that's h-e-l-d-t is it okay any discussion and I assume it would be at the same rate monthly rate all those in favor aye aye and moving on to five uh staff updates city clerk anything no I will just note that I did receive a couple emails and because of the kind of confusion with the public hearing I did not add that to the public record but they will be in the minutes okay and basically all three of them were they were opposed to the business um of the adult cannabis so okay but I will include that in the for the record and just for the record I did receive several emails myself too I believe okay um mayor and Council reports council member Schroeder I just have a couple things uh we are going to be I don't know if some of the residents got the note that the mayor panned it out so the street where you guys come is going to be redone in the next week on First Street Second Street Vision Street and 4th Street or uh Quinlan up to 4th Street so that'll be something construction season yes it's only going to take a week yeah yeah oh we've heard that story before and then uh I don't know if we've had that discussion or if we can eat the mayor and if Ken's compensation if we need to review that down the road we want to make sure we take care of you so and that's what I have for now councilman Wilson I have nothing Mr Hatton um no nothing at this time um just I I did because I I felt like uh there was the need to at least alert the citizens of Lakeland Shores that who border the or whose homes border the roads that are going to be repaired in the next week starting September 11th through the 18th that they not be taken by surprise and that they'd be assured of the fact that uh you know the mill and overlay the Milling part of it can be driven on at any time as well as they've indicated to me although it's hard for me to believe that you can actually get on the new asphalt as soon as you want um so uh I made that clear I probably talked to out of 60 places I've I left notices with probably I talked to at least 48 or so homeowners that were home on the other the other night and everybody it was very uh I'm glad that the work was finally getting done and um they seem to be I think I think it'll go smoothly I noticed that they put out some porta potties this today at least in our Lakeland Shores Road they did and um hopefully uh if you hear anything or hear any complaints please feel free to contact me but I'm expecting it to go flawlessly as usual as things always do in this town and um I would but truly if you hear any complaints that type of stuff and I'm sure we'll have some where the road puts up to somebody's driveway that they're not quite satisfied with but um with that in mind I don't have anything further to add other than as usual it's my pleasure to be here this evening and um at this time of the motion to make a question we close the meeting and I'll second it and all those in favor all right and let there be known that it is uh seven 52. Jesus I know really