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Columbus Joint City Council & Planning Commission Meeting October 2nd, 2024
Scandia City CouncilSunday, March 16, 2025
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[Music] call the meeting to order pledge now we're going to have the Pledge of Allegiance you guys start off I pledge aliance to the flag of the United States of America and to the Republic for which it stands stands nation under God indivisible with liberty and justice for all is there someone who would like to make a motion to approve the meeting agenda does it matter who can be City Council this is Janet um I move to approve the agenda as written this is Su all second I I got a question here real quick where's Robin uh Robin is on theen Mara wood Robin can you turn on your camera if possible I just thought that you had to have the Forum a quorum yes he's the the Quorum uh and then I call for the vote where do you want to start which end no over here okay I'll for the the agenda yeah don't you she always does yes we do Planning Commission all of us all of us cuz it's a joint meeting got it today Sue I Janet ey Scot ey Robie Bethany I how about the Robin I oh yes sorry Robin I don't know how to turn on my camera and Jesse oh he's he's muted me yeah no it's Jesse he wasn't muted just a second ago Jesse can you unmute tell him to hold up two fingers can we do it the old Roman way okay oh he left I'm fine with that he's he's getting technical rep [Music] okay support we're laughing with you there it is sorry this is Jesse I just unmuted it I vote I of course sorry uh can I get a motion to approve the August 7th 2024 joint meeting minutes I'll make a motion to approve this is Su all second and I'll call for the vote ask any discussion oh I am discussion anyone okay Ron I sue I Janet I Scot ey robbi roban I Jess and Bethany I uh and then a motion to approve the September 4th 2024 joint meeting minutes I I motion that we approve those minutes I'll second it and I'll call for the vote Ron I sue I Janet I Scot I Rob I Jessie I oh sorry Robin I great and J gosh uh right there we will have a public open Forum will you read the oh NOP what do I say next just ask anybody does anybody oh right does anybody have anything to say at the public open Forum you're can ask on on Zoom anyone on [Music] Zoom hearing none I close it hearing none we will close the public hearing Forum public forum sorry now a public hearing uh for the woods of ENB plat now will you read the notice Elanor yes I will notice is hereby given that a public hearing will be held by the city of Columbus Planning Commission on Wednesday October 2nd 2024 at 6 p.m. or as soon thereafter as parties may be heard the hearing will be conducted in person and by interactive technology at the Columbus City Hall located at 16319 Kettle River Boulevard Minnesota to to consider a request for a preliminary and final plat Woods of En andb creating one new residential lot members of the public interested in attending in person monitoring the meetings or wanting more information should contact city offices at 651464 3120 or visit the city website at Columbus mn. us the hearing shall continue until all evidence and testimony has been received I'll call now will the applicants please come forward and state your name and address into the microphone please I'm Adam janetsky at 9367 189th Street uh in Columbus Minnesota I'm Sher I'm Sher janetsky 9367 189th Avenue Northeast Columbus I'm Thea janetsky 9367 189th Avenue Northeast in Columbus thank you I don't they just ask them what they're yeah do you just want to go over I think we've talked about this before so I feel like we if you just want to give a quick yeah so the what we're trying to do is subdivide a 5 acre chunk uh to meet the Columbus minimums of 5 acre lots and put a single family residence on that 5 acre lot it'd be in the what is it kind of South West corner of the lot M if I'm inv visioning and directionally remembering that right does anybody have any questions for them well I guess my question is so there's um the ordinance is that they can only have two but they want to have three is that right so currently their lot is 40 acres and it's it's about 40 acres and it's completely it has no um Road Frontage and the access to it is a driveway that um cuts through the property that does have Road Frontage cuts through there and goes up to the 40 acres in the back and um by or ordinance the only you can only have two prop houses off of one shared driveway back in March we heard them before to grant them an a variance to allow this plat to be considered um in the future um to allow a third lot of third residents to go off of that shared driveway since this shared driveway cannot be um expanded into a full scale Private Road due to Wetlands and also so yeah we're trying to the idea was to try and keep the impact on the surrounding environment as minimal as possible so in order to make that an actual Road you'd have to actually tear up a lot of wet land and beautiful property to make that possible so to punch one more house in there which is really the way the land is back there you're kind of limited to that being really the only addition that's going to be possible back there so any future development of that land would be unprofitable for sure there's not a good motive to do it and we're looking to keep land in the family and build a smaller retirement house for eventually when we retire M and be able to have that out there so they can take there gra by gra exactly perfect um so so you're not actually subdividing the land you just want three drivers so you could put three houses I know it gets confusing you think it's three it's still two lots that's what they're they're thinking two lots but they're on a third driveway that the uh has I know it's confusing at first I thought the same thing you were splitting it into three you throw three in it's just three people three residents using one driveway they already have two people sharing in driveway so now they would be adding a third yep okay so they're subdividing into two y is any further comments um well I just have a question on this so on the drawing we have and this mon this is the driveway cuz here's the road the driveway goes back to this is this the new driveway or what what's different than what you have today to see what you're looking which one you're looking at cuz that's so yeah you can see there that's the existing driveway that's already there that's the existing driveway that we're just going to use and we're actually going to come on off before that other residence so we're coming in kind of about halfway of the dry you see in there and that is that's not the road that's the corner of the property um like in that lower left corner that's actually a property boundary between the Nelson acres and that Township 33 I think is what they're calling that mhm um the driveway continues to go down alongside that Nelson acres to the road front on 189th okay BRS yeah and you can see that the 50x50 building that's the proposed house location so this whole 40 acres it goes on further um than this is landlock is landlocked I assume yeah that's the phrasing um this driveway goes all the way down to the road but it already um the property here uses it and then it comes up here and goes to this house so that's already two oh God and that's our limit that's where the and this plat is adding another it's subdividing this 5 Acres out adding another home which is a third on the driveway they did receive that variance we've already told them that they can do this um this is the formal subdivision the formal plat that they have prepared for it okay thank you say I have a question for staff on this under staff recommendations uh it says a maintenance agreement for the dri way will be executed and approved by the city um if there's a disagreement in the future if it if it gets passed on or sold to somebody outside the family that's Perpetual with the property I'm I'm making the Assumption um who enforces any disagreements or problems with that agreement on driveway maintenance is that does the city enforce that somehow or is that just a a civil matter it would be a civil matter we're approving it um because it's we need to make sure that everything is correct in that but it is turning over that maintenance to be shared amongst these three owners it's not our road to maintain if there's a disagreement it's between those three owners and it passes down when the property is sold thank you all right if there is nothing else do we have to make a motion to close the public hearing or I just close it you can just close it all right we'll close the public hearing if no one has anything else to say great public hearing closed uh now we'll have a presentation and discussion on the Cannabis ordinance so we're we got to make a vote are you going to vote yeah we got to V oh make a motion is that just the Planning Commission then and then it comes to us or we a motion to approve or motion to commission got it got it Council so since we've closed it yes then will someone make a motion to recommend recommend this to city council this Scott I'll I'll motion to recommend it to the city council this is Robin all second and I'll call for the vote Scott I Robin I Bethany I motion motion passed approved great um okay now presentation and discussion yes cannabis ordinance oh you guys can you're done you're thank you great you can stay there all night because I don't know what I'm doing Jack is this on our agenda for next week in case they want to show up I will put it on the agenda for next week um your final approvals will be at the city council meeting next week okay thank you thank you thank you thank you sorry for laughing in there so yes presentation and discussion Canabis ordinance [Laughter] greetings it's it's nice to be here in person um so I wanted to only talk about three or four things and I'm I'm conscious at time last meeting I think we were cutting each other off about 9:00 we'll we'll get out of here well before then but in um an addition to your packet um is a copy I think you had my questions for clar ification in your original packet and last Friday we got a response and I honestly anticipated that this would be the kind of response we have and I'm just going to walk through this quickly um because you may not have had a chance to even look at it if if you um scroll down in either that U email that I received or in the original uh questions for clarification I had three issues and the the main one is um a conflict between existing statutes um the state's planning enabling legislation has been around forever there's a provision that I cite in the end of that um issue number one uh that says uh inconsistent special laws or general laws of special application are superseded by these uh land use law laws that exist at record my question to them was is there something in the new cannabis legislation that supersedes that um they didn't answer any of that they they didn't answer any of it the answer we don't know they don't even have a phone number I saw in the newspaper a media person and it had a phone number that's the only number I talked to this guy and started going down my list and he goes you lost me uh I got to pass this on to somebody else I said good give me a name and number no you have to send an email so these people are I don't I don't want to berate them but as a new agency I I don't know any of them and and you can't you can't confront them personally so one of the other things that was included in the handout that you got today they reference uh in response to issue one well look at Pages 15 to 17 this is the local approval process well there a it it doesn't say anything those those were the the substance of my questions that by law they're saying we have 30 days to receive a referral from them to approve this and if they don't hear from us in that time frame they have the right to approve it and my mere question was where's our 60-day process and if you had a chance to read it I conclusion was okay so I think what you're talking about is quote a pre-application process and you want us to respond in 30 days and then when they have a full application we do our normal 60 120 day okay one of the things that is bothersome that I cited in here it says that license pre-approval does not require a location so how do we make a certification in 30 days that they refer to us saying we have a retail application from this party and there's no sight it can't be done I'm sorry uh they want you to the last thing that they sent on the on the back of the handout that you received tonight is a new supplement and I reread everything that was in this guide and and I looked at the top of the pages and the bottom of the pages to make sure there was nothing new this is all that they inserted is this onepage retail registration form and checklist uh earlier I said when is it that the office of cannabis management and the local units of government are going to get together to produce this well they just sent it I'm not aware they asked anybody to get involved in it and it says you know here's the type of referrals that you may get micro business meso business or retailer and what the what the license registration fee can be and what an annual renewal may be and then there's a question of that they're current on all property tax if you receive a pre-application and they haven't picked the site how do you even determine their up to speed with taxes so they did not answer any of those questions um the next section of answers that they gave in here had to do with um cannabis events and many of these came from your own questions well are we talking about tents like snow days or hey days what was that called Hey Days by Sue's house y um is it can can we require these in brick and mortar facilities and the pat answer you just read this first response that they have on the bottom of the first page of the new handout Minnesota statute 34213 subdivision C States well I know this I'm reading all this stuff and it says we can adopt reasonable restrictions of the time place manner of operation provided that our restrictions do not prohibit The Establishment or operation of a business so there's a lot of latitude as this says to me and then their Pat answer is we recommend you consult your local attorney for these answers well I've been in the business 40 some years now and I can tell you I can call Four attorneys and get four opinions that's why we have judges and courts nobody has the same answer so this is very frustrating and we're not going to resolve this until the very end but um I don't want to spend more time hopefully you had a chance to look at these you know do we have to allow tents temporary structures out in a cornfield and then they have to satisfy all kinds of fencing parking lighting security provisions and this is for a 4-day event and it's going to be outdoors why don't they know the answer to this you go down the list uh are these event organizers that are referenced in the statute do they have to be licensed locally are we going to get a referral or cons somebody from Thief River Falls that is an event organizer plan an event and then their next answerers uh event organizers are not required to register locally it is important to note that the statute includes specific reference to the requirement for local approval that's all they say well no the statute didn't say it because I couldn't find it but it says they have to get local approval we asked can we put a limit on the number of events so this party from Thief River Falls once one every 3 weeks do we have to do that well there's nothing in the statute that puts a limit on this but it's important to note cities can have reasonable restrictions as long as they don't prohibit the business or the operation of the business so no no answers uh I asked because this question came up the micro bus is allowed as a part of the statute onsite consumption but it's limited to Edibles so they can't smoke they can't Vape there's no alcohol there's no tobacco so this is like a lounge where you can have gummies or drink a beverage they can be the potent ones not the low potency hemp that you can buy at holiday right now it'll it'll be the real deal um my question was at these events it gives us the option to allow uh consumption so can we restrict that consumption to just Edibles do we have to allow or may we allow smoking the flour or vaping the product and their answer in this simply says it's it's up to you you you know you can do this so at least that question that was raised at our last meeting has been answered we don't have to allow any consumption you can restrict the consumption similarly that they have to the micro business that it's Edibles only and not smoking or vaping but the the laws governing all of these are clear for any consumption that's allowed there's no tobacco and there's no alcohol that's consistent so when we think about having an event how often whatever uh we can restrict it as open or as closed as you want no consumption uh or just Edibles or the real deal that's up to that's up to us so when I said they didn't answer any of my questions they they did answer that one the last thing that we talked about given U our ability to restrict this to One retail in our city since we're under 12,000 population or if we decided to allow three five whatever the case by ordinance can we reverse that they don't answer that uh we recommend you consult with your attorney about that so I can't answer that either but the purpose of this was the questions that we raised in our first two joint meetings and then all of mine related to the conflict between a 30-day check list of a referral from the state um we'll we'll now uh refer this I I talked to Jack and ellan her and and and we'll get we'll get Megan involved especially now that we have and I'm I I want to I do want to talk about that tonight a draft ordinance it's clearly not done it's just to give you an idea where we go and then we'll turn all this over to Megan and one of these meetings whether she answers in writing or comes we'll see what happens it's it's bothersome to me one of the items that I I highlighted they have a a a website that says frequently asked questions so these FAQs have a variety of things and they're not geared to local government they're all geared to retailers cultivators people asking questions what what they do here um it it emphasizes that there must be license pre-approval but it doesn't require a site so somebody can apply to them for either a cultivation or retail or a micro meso business manufacturer under the pre-application provision without having a site and then one of their follow-ups said that once you survive the lottery and you get this pre-application then you have to get a full license from the state so they are talking about pre-application and final application and they imply that it is between the pre-application and the final that they've got to come here and get whatever we have conditional use permit what whatever whatever the requirement is but they still don't answer how we do a check list in 30 days under the pre-application if it doesn't have to be site specific and you'll note one of their answers said well we encourage all of our applicants uh to work closely with local units of government yeah that don't know what's going on they don't know where the site is they don't know anything so I'm I'm going to jump to what I had in my original notes um to talk about in August was a cut off for the pre-application process they received 1817 pre-applications wow just in the whole state between mid July and yeah okay and these are limited the pre-applications are limited to social Equity applicants those that have suffered from the past evils of our cannabis laws in the past and whatever I I don't I I can't really describe what the social Equity applicants truly are um a lot of the naysayers who want to get involved in this business will say Well they're criminals they've been they they've been deprived of normal rights because they had a cannabis problem before it became Leal I can't answer that so don't ask me the question but this pre-application period which was announced earlier from mid July to Mid August uh was just for the social Equity applications and they received 1817 I just I just got this uh two days ago 586 were for micro businesses 5 78 were for retailers there's no cap on micro businesses so out of these applications we don't know the vetting process of the state and how many they will say pass the pre-application and then at some point they'll forward those to us but if it is a micro that has a retail component and they're going to forward a pre-application for a micro facility to us under this presumed 30-day checklist and my response now and I'll confirm this with Megan or whomever uh is that we're going to sit here and say no it doesn't it doesn't pass our test it fails it's not site specific we can't check property taxes anything leave it at that so let them come back yeah I have a question about that so those are ones that they've already the state has already gotten and could they potentially send them to us if somebody wanted one here in Columbus before the end of the year uh I'm I'm glad you asked that there's just so many moving targets because we do have a moratorium still until the end of and and the rules are not established they don't expect the rules to be adopted until early 2025 they don't expect any referrals to local units of government until after the rules have been adopted so we got a month 2 months 6 months uh in the new year so yes our our moratorium is in place they're going through their vetting process and and um so on 578 retailers their cap is only 50 so let's say 200 of these retail applications they vetted properly and said okay they're going to put them in a in a bowl and pick numbers and they're they're going to select 50 out of those in the lottery they are not going to refer these to us until the rules have been established and that's next year okay good um there were 372 meso business applications and the cap on those is 10 so if they were lucky to get 50 legitimate meso businesses they're going to have to go through the lottery to Whitt Whittle that down to 10 they received 45 applications for manufacturing and there's a cap at 24 and they received 57 cultivator applications and that cap was at 50 so that that one's relatively close but you you you can see the early interest in this 586 micro 578 retailers 372 mesos that's 80% of all these 1,800 applications are are in the retail world and and that's Statewide and that's that's anywhere in the state sure yes say Dean can you share where you got that information I can't write fast enough um I I have the copy and I failed to bring it um we're we're baby sitting our granddaughter and at the last minute when I walked out of the house I didn't grab that file that's a new one one otherwise I I could have sent that along with this other stuff you got but I got that last Friday this just came out it was in an email to me uh Monday no it wasn't Monday I think it was yesterday in any event I I will send that to everyone okay and that has this breakdown and it and it explains again whether there are caps in place exactly how many you you can see where that is and they distinguish these are uh we've known this this is the social Equity pre-application phase only they have only set caps on registrations uh at this stage uh I think I sent that out at the last time and those caps may be expanded in 2025 what we don't know is if all of the Caps that were put on these um licens will be occupied by social equity and then then then there is no regular application process until they open the floodgates and increase the number of caps so there as we talked last time the medical combination businesses the truck drivers delivery services testing the other and the event organizers none of those had um had caps on them um but but there were very few uh uh other applications that came in at this time and so again the states feeling their way through this they didn't answer my questions so I'm going to sit down with Megan and we're going to find out what we can about that uh information and uh you want to say hello or listen just observing I don't want to like jump in not know what I'm jumping into exactly I was just sometimes I open my mouth like all outs I I I only offered because this is a joint meeting of the Planning Commission and the city council that's open to the general public well I'm Joshua sterman I to elementary school since the second grade um it's got a 1975 block on there same year I was born um I graduated like crazy so my parents is still on this side so I was just like looking at the whole inter connectivity different things some of the abct properties that ridiculous the amount of stuff that was involved in like the forming of Lake Mur this Pro Township like one of the things I noted was like idiosyncrasies but there was like a when they first moved over into like that section 36 that is the was from section 45 in Columbus and so there was one that was like from 33 22 Josh can I interrupt Josh do you remember me Jack how you doing uh we're we're talking about an ordinance here if you could let us finish that then I can talk to you after the Mee oh absolutely that's why I didn't want to just like jump in all Without Really knowing I figured sometimes I can fly up and go all over the place but I didn't want to be rude and not be no I just wanted to acknowledge since you're our only visitor that you're you're you're welcome to be here but the the the nature of what I think you might be asking would be uh better placed on a regular meeting agenda since this is an ordinance discussion so at at that we'll exclude you from participation but you're welcome to listen and and of thing because that was another thing for like the Zoom types of things for the whole colle because that was the next thing was like how do you Rel yourself beond just an obser the zoom coming up for the versus H yep so you're welcome you're welcome to listen but from now on no more interruptions thank you um so the the the pre-applications I don't honestly know if if they thought this was a big number a small number if they were anticipating this keep in mind these are the social Equity uh applicants only and the pre application process for them is closed it closed in August and so this is it now it remains to be seen if they in in the state's vetting process of these different applicants uh if they come close to the qualifications that the statutes require for them to be in the pool and if so then presumably out of 578 retailers you'd you'd you'd think maybe 50 survived and and that that would that would start this process so that when the uh rules are completed we're going to get some of these and the maximum will be based upon the number of uh caps that were placed on these different businesses um I'll mention another um uh element in the city of St Paul they identified that they currently register and this will be a question coming up for you to talk about when we get to the draft ordinance 178 uh low potency hemp businesses and again you you can buy this at holiday right now and we don't license or regulate it the state is going to create but they haven't yet a registration program for the low potency and a question is that becomes optional for cities if they're going to get into some sort of of Licensing for the low potency or if you're strictly going to stick with the the retail and other business applications that come in but they've already got and they are registering them and the bigger cities tend to do that uh under just under 200 178 scattered all around they tend to be bars convenience stores grocery stores and and some uh craft beer places that are making their own low potency um I didn't mean to diverge but I thought you'd be interested in these pre-applications and again my frustration going back to not having the answers from the state how this process is going to go but my sense is we're going to fill out a form and this might be the final one and if they don't have a location on it we're going to have to say fails because we can't determine if their taxes are current and we can't determine if it's in a district that that we have established for this to go on and if we deny it within that time frame they can't approve it so they mean they meaning the state okay so and again the state in their frequently U asked questions category says well now keep in mind folks the pre-application is not a license you have to you have to go and find your location get your financing get whatever and then go talk to the locals so again how how the state published all this in this 30-day process conflicting with our 60-day is aggravating I know Scott I think you said you went to that website um on that one Friday a month ago MH the woman from St Paul was the only one that said how can you guys have this 30-day you know where's our 60-day she zipped it and they Paul just adopted an ordinance uh you can find it I have it um it's not terribly relevant to us and I'll explain just a couple of things that give you some thinking points about our own ordinance they mapped out their entire city and said where are all the schools and then they mapped out where are all the retail businesses and then they showed where their existing low potency are and they chose not to be a th000 ft from schools but 300 because if they went a thousand it would have eliminated like 80 or 90 businesses that were already established in the city so they didn't go up to the maximum that the state allows us to do it's not relevant in our case we we don't have any of these facilities you might have a daycare someday but we don't have rehab facilities and schools that are within 500 or a th000 ft from any of our commercials so it's not a big deal for us but in in a big city like St Paul with a lot of businesses um and I just read uh an article about Minneapolis going through this process and they're not discouraging going over you know one per 12,500 they'll they'll take as many as they get they're they're looking at this as a another retail initiative but all of these communities license these businesses currently and I think part of it is revenue driven as well you're going to collect 1,000 bucks a year whether it's worth it for your efforts for one or two of these when you have to go out and have uh from 18 to 21 year olds going in and attempting to purchase you've got to do that once a year uh there are some other spot checks that you do to make certain that they're compliant um but if you had 200 of these uh that's $200,000 and then you say gee we can hire an inspector for that they can go to one a day that's 200 business days in a year that's great so there's a lot of different objectives uh and attitudes how people might be pursuing things you have a question Ron you I I I don't know it's confusing but this 45 manufacturers and 57 cultivators does that shock you that number so low uh um I thought everybody would want to start but these are just social Equity applicants so they haven't open it up to everybody to the yeah to the regular population oh the regular population gets there yeah be 10 that just go for the Social and that's it for this stage of the process and then they're going to establish what they think would be the limits um I I've I've looked at a lot of communities in States uh that have legal cannabis um someone may have indicated at our last meeting that you know all of the business interest in this is from out of state it's from the states where they're established uh they are National entities in part it is because they know how to grow they know how to manufacture uh they got the financial backing for these facilities if you or I were going to investigate should should should we apply for a manufacturing or even the cultivation we'd be out of our league and yet there are a number of people who are already involved in cultivation and Manufacturing we have a medical cannabis um establishment in the state they're going to remain credible and they probably will expand into the non-medical categories but there are people building uh 80 to 100,000 th square foot uh facilities to do indoor cultivation the manufacturing wholesaling I don't I don't remember any of them got into retailing um but they're big modern facilities under roof and a lot of a huge investment and so social Equity applicants I don't think are in that League when this opens up to others I think you are going to find a lot of out outstate interest and businesses that have experience and have got Financial backing I don't think we're going to find the run-of-the-mill that you know flipping a coin should I apply for a cultivator or manufacturer or maybe a wholesaler it's going to be people that are experienced in this because there's 13 or 14 other states that are already doing this we'll see but this application process and these numbers right now are strictly limited to the social Equity phase and somebody asked was I surprised I guess I was that's a lot of applications how many will get vetted and be realistic and will they exceed the Caps I I don't I don't know and this isn't a concern to us other than we're moving along in this Continuum we're going to get a referral someday and I want to make sure we all agree how we're going to respond to the referrals and I think we have to take a position that if somebody can't tell us where the location what the facility is we can't answer this and it fails but we have to do that in 30 days to meet the state law and that'll be a staff effort that simply says we don't know I think once they get Beyond this pre-application phase they may either change that procedure so that it coincides with um the existing enabling legislation for zoning in this state uh um I don't know I I mean they made a lot of changes in legislation this year because last year's efforts raised a lot of questions so um don't don't be surprised with additional changes in the legislation again this year and I it's very difficult you can't go to the you can't go to the U to the State website and download a combined 23 and 24 legislative session you you get straight through another line documents and so you have to when you are looking at 40 different sections of the statute that end up being applicable to us these are the licensing and the registration requirements for all 11 businesses it's for the uh responsibility for local governments you got to go in the 24th session and look up each one and if there's an amendment then you're you got to print that separately and then combine them and it's it's it's a a lot of work and so uh anybody that's not familiar with it um or that process is going to struggle and things are going to fall through the cracks but even somebody that follows this like I have and I'm not an attorney and we'll get your attorney involved in this um it's an expensive proposition because it's a lot of paperwork I I have 150 pages of the statutes and you got a cross reference I've got them attached together and you read something and I make notes on the original and say subdivision 15 amended or I do my own strike through underline it's a can of worms so you want to talk about your draft ordinance can I ask a question yes who does this office report up to I'm sorry who does this office report up to in the state who's above them is it the attorney general or who's above them uh so the Departments there is a department of administration that works with the governor and the Constitutional officers that would address or answer questions like this uh conflicts are going to be first of all organizations like Liga Minnesota cities and I don't I don't I don't see them putting forth questions like I did I mean I don't get it that's who they represent US cities um the office of cannabis management indicates that that they worked with the County Association and the league of cities to develop the model ordinance the model ordinance doesn't sift through this so locally my first and Jack and I talk have talked about this is to pass on my questions and uh whatever draft ordinance when whenever we want to uh do that get that to the City attorney and have them respond to these questions um whenever there's new legislation they have to do the same thing I do so you're going to have a second set of eyes and if they're not doing this for other cities um it's going to be a lot of time devoted to answering this for you for for you it's it's unfortunate but that'll be the first one and as I said I I work with attorneys in a lot of cities and I just have to smile throughout my career that they all disagree on what the outcomes are and whether it is um annexation battles which I've been involved in holy Cal you hire experts on both sides of it you clash and you ultimately go to administrative law judge who comes to a resolution and afterwards the attorneys go and have a drink and got fat wallets uh it's it's aggravating this this is this is aggravating so for us um the biggest question did you have more on on that no I just want to know who they report up to because I think the way they've been handling this is ridiculous and I think that whoever their boss is should be told that whether it makes any difference or not does you know that's not the point I think we can sit here and talk about how ridiculous it all is but you know they should be held accountable and they can't be held accountable if the next layer up doesn't know about it and and I I I think our next step honestly is to get we we we have competent attorneys uh we we get them to follow up and simply say yeah this this doesn't look right or you know what here's what we're going to do I'd like somebody to take um a forceable positive attitude that I have this is the way we're going to do it if we get challenged you got you got insurance let them sue us and that's how laws get combined and changed in the interim if the City attorney says I agree with Dean uh this this is kind of a can of worms and yes this is the direction you ought to go um then maybe answering those questions isn't quite so critical but for me I can't I can't answer to you and I want to tell you I don't care what attorney it is uh if you if you POS questions like I POs to the state they're not going to give you an answer today they're not they're not capable and so we're not going to get the Magic Bullet response P this this is going to take time and they're going to talk to other attorneys and there's going to become consensus and ultimately somebody's going to build up what they did in the last session and that is a bunch of amendments and and whether they pertain to the stuff we care about our our local Authority again I don't don't see where this legislation says it supersedes our Planning and Zoning Authority I just don't find it now Megan might sit and say oh yeah you know this is x i I'm I'm not aware of it and I've worked with 40 attorneys in my career and I I love some of them dearly and I I wouldn't talk to some of them ever again uh they're all over the map and it's frustrating and so um right now you've you've had the same attorney for a while I think we all agree the next step is to have them come back and say you know what I don't know why I didn't put this all together here's the answers and they lay it out on the table that'd be great I'm pretty sure they're not going to do that but you're not going to get when you when you're putting together these ordinances and everybody here knows this takes a lot of time takes a lot of money so the idea of having to change it multiple times because the state hasn't gotten their act together on this is really frustrating so I don't think we should be spending our City's resources on redoing something because they can't make up their mind and that's my point about raising this up to the next level so uh I don't have a good answer for you I I think sequentially the individual departments in the state agriculture housing Transportation doesn't matter what they are somewhere the department of administration and then the Constitutional officers are the ones that do whatever and and the the Attorney General is certainly one of those and could could a city compose a question and say this seems like nonsense would you resolve this for us that'd be a freebie how long would it take I I can't tell you um I never got that far in the process but I think there will be some changes but I I think a quick answer well you hold the pur strings for all of us that assist you and I'm not saying that you need to open the checkbook to get answers for this but I'm afraid you need to be conscious of that so would an option be to extend our moratorium you can't you can't okay that that was that was nied in the law ah and and so you're good until January 1 so I think what I think what we do is honor other statutes and let somebody else tell us that the new kid on the Block trumps our requirements I got to watch that term it's political season uh supersedes our requirements and again they chose not to answer that question and Megan may come back and say I I think they do or no I don't see where they do and this is an issue and and that's all the more reason for somebody to say uh let's go to the Attorney General and get a straight answer so what I'm doing and and the the very first draft and I I said in my note to you it's a very first draft it is just an outline and some of the meat of what needs to be completed and the very first thing I would say regarding the draft ordinance if I can find where I put my copy you'll see on page one of that uh I've highlighted in yellow uh kind of either or scenarios um and even in the title we've got chapter 4 licensing in addition to the zoning regulations so my my sense is that there is no reason that you would not license cannabis retail I don't know that there's Authority or mechanisms for you to do that with the other businesses but certainly the retail businesses for cannabis uh should be added as article 10 cannabis retail and we can debate and uh determine later whether temporary events you already have temporary events but I wouldn't use that category I'd create a a cannabis uh temporary event um because those other temporary events are like a circus come into town once every 12 years this this is something that could happen on a monthly semiannual whatever basis I'm not suggesting if you did create a temporary event licensing section in chapter 4 of the code that you don't also require an interim use permit because if you license a cannabis retail business you'll only issue the license for the sale of that information or material you're not approving a conditional use permit for the brick and mortar facility and the property and everything else so you could set them up very similarly where you establish categories just like tobacco sales cigarette or um liquor sales but now it's cannabis retail and maybe a subsection or even article 11 standby itself cannabis temporary event as a licensing function of the city and then you'd have a two-stage approach and and we we're already seeing that the state seems to imply that this licensing referral well gee it ought to be simple you all are in the licensing business we don't license like St Paul Minneapolis Bloomington all the big cities most Suburban communities do this through regular zoning and I don't mean to say Lina lakes or Forest Lake don't have liquor licenses they do and they probably would do this but we need to segment them and have regulations in both chapter 4 licensing as well as chapter 7 zoning so that I I don't see any body disagreeing with that notion I'm not going to go into uh any detail I've looked at what basic items you would include uh in the licensing provision but we'll come back um perhaps at the next meeting and do that so section one of the ordinance uh would would be where I have section X and and the very first thing just in sequence of the city code we're going to do chapter 4 first and then we'll get into chapter 7 so the new section one will be what says X and all the rest of these will become twos and threes and fours and we would move on so section two then definitions as you know I've had um those of you that have known me longer than others I I I get a little bone topick about certain things um if I were to hand you and I didn't bring the the the copy of statutes where they amend some it's numbered 1 through 86 definitions and when you insert one in the alphabet so they're first of all they're already alphabetizing them and then they're numbering them in the margin and then if you want to add something between animal and artifact you you end up using one a one b and I think you know this from your last editions of I'm saying I want you to have an open mind and appease me in my old age and get rid of the numerical system that we use in front of definitions we would keep the alpha numeric system for the subsections because we have a bunch of those but we don't need to say adult use cannabis is one and adult use cannabis flower is two and three but then they've become 7 a 7B 7 C cuz we have this archaic system and the state statutes do it and I think that's why your attorney in the80s created a system like this they even used things like articles and chapters and it's most cities now have a simple ordinance and it's section one through 100 and and you you dispense with this so what I'm suggesting is my second section one that says we're eliminating all numeric references in front of all existing definitions and then when you adopt something you're going to insert it in this code alphabetically and you don't have to change it from number 11 to 11b I'm totally good with that if you're okay with that yep again that has nothing to do with cannabis it's just a bone I've had about your ordinance since the day I was here so let's change it now forever okay that's it I'm I'm until the attorney until I'm gone I don't hear anybody disagree I just I like looking them up by the number but I do but that's me and I'm in the minority I know it and I notice now with your with your new method of of uh minutes every line is numbered one through whatever it is on the page that's that's just that's just formatting and that is somebody's system and Scott he might like that I'm not saying your minutes are flawed but I noticed for the first time that that's how you're getting them so you can say it's not paragraph 3 it's line 23 uh you left out the word X so be it but when you come back and amend something and you're paying first of all the attorney to go in or me and go in and make and then you go give it to the attorney's codify and they've got to make the insertions they're changing the entire section to make this fit and it's utter nonsense how do you really feel get my drift yes all right like I said it's a pure bone to pick uh I gave you a bunch of um new definitions they were in my global view that we looked at back in August I've got a new one um when I read the city of St Paul ordinance amendments and I and I wish that it would be I mean you might like that document and I can certainly make that available uh their ordinance is bizarre uh and the way they do things the big cities is is very different it's it's hard to follow they're making very few amendments to this um and they are you know they created a table and and they inserted where the retail and we're doing that already but one of the things that I noted in there U they had a definition for uh a volatile solvent I don't think it was Vol a what solvent volatile volent it's not in my list that I was going to say what the heck is that I looked it up in the statute and by gosh it was in there and I think that's why they did it and then I noted in one of their performance standards and and I would um I would approach adding that it says uh we don't allow solvents except in the and they had about six industrial and whatever districts so I'm suggesting and whether you remember this now but towards the end of this where I had all of the performance standards I would add a new performance standard that makes reference to the use of volatile solvents and you know we then we will have added that definition and it'll say they're they're prohibited except in the limited or the Light Industry and the general business district where wherever you're allowing manufacturing and it may make us go back and say well gee we had manufacturing or meso business which can do manufacturing uh in the highway commercial do we want to allow volatile uh compounds in that District that that that's just a policy decision but it it made sense to me and you know these are these are alcohols and buol and things I don't know anything about and they just say then uh another addition that I would make in here that no matter the business um noise odors vibrations uh solvents whatever uh don't escape or can't be discernible at the property line I mean that'll we we have that kind of reference already in the city code elsewhere but we'll make it as a specific standard in here but otherwise without dwelling on all of these individual um components of the ordinance I'll I'll go back section two which is now section three um are all of the different zoning districts that we agreed in the first two meetings that you would add as a conditional use uh micro business or retailer in uh Community commercial and then as an interim use the the Cannabis temporary and we go down that list and and they're all very similar until we get to uh the general business um so everything up through the horse racing District had uh micro bus retailer and as um interim use the temporary um event and then only General business and the Light Industry included uh the things that might involve the solvents the meso business the uh the the manufacturing uh and so forth and so if you're if if you keep that context and we're going to limit volatile compounds to those two zoning districts then that's the intent of adding that definition and that as a performance standard it would only occur in those two so when you pull out the zoning map and you say to yourself all right the this is the retail area and now these are the ones that we limiting ourselves to manufacturing that's meso and Manufacturing basically um then that's the only place that You' potentially have those solvents the solvents are highly Rec regulated by the state uh as some of you have noted in past meting you don't have a lot of confidence in some of the Regulators in the state but they are um there are things that we can't do and that's air quality noise and odors at the federal government and water quality we we can't create standards for those and so we let the state regulate them in any event we say in a lot of our conditional use permits for businesses out on Lake Drive uh you can't have noxious this or that or I can't remember the wording toxic hazardous waste and such and such um we we'll we'll say that I also want to note um I had up to from from a to Q uh performance standards we're going to be adding other cross references about things of that magnitude again that are already in the city code that'll talk about other things um the more I have read about um Wastewater and at our last meeting with the car wash we talked about water consumption um I understand it isn't extraordinary but I'm not the scientist and I'm I'm not going to sit and tell you to believe in me but as I uh read other City information and resources that this is not the worst thing for you at this time would would be to allow a pizza manufacturer I used to work for the city of Maple Lake and they have uh well there's about eight labels but um it's a major frozen pizza manufacturer and it occupies 70% of the problems in meeting their water quality requirements in their waste treatment plan and it's an absolute hog for water in food businesses um I used to um I used to do some Consulting for the city of Lakeville down in their huge um airlake industrial park there are a number of food business businesses that are making non hemp gummy bears and cereals and things like that the city of Northfield one of the old cereal capitals of the world they're they're major users of water in their processing but I'm not seeing that in the Cannabis the quantities used in the manufacturing tend to be so limited I think your earlier questions if you're if you're extracting from hemp or the Cannabis flow uh the cannabinoids I have a hard time pronouncing these terms too uh that's where the volatile materials I think rob you you hit on that and they're they are highly regulated but they're a minor part of the process but you know we got to allow them somewhere we can't exclude them and then we'll try to come up with the best regulations we can but right now I'm not seeing City is adding um things other than the city of St Paul saying the volatile compounds so I didn't highlight anything in detail um if you had a chance to look at these in advance uh I'm open for questions we talk about in here uh the terms and definitions if they're not in our ordinance uh they're going to they're going to be in the state's definitions beyond that when you go to court if there's a word out there the judge will say well what's the customary definition well I haven't seen anything in this cannabis legislation that is a customary definition they're all words a page and a half long and uh I I I I think we're covered in that regard but it is um it is something that needs to be said in this ordinance if we fail to put it in here all the state definitions apply the other thing is we're not going to be in a position to microm manage in part because you don't have the staff and you don't want to try and get the expertise to do it out of uh 56 or seven chapters of 342 legislation on cannabis I'd say half are related to the technical re requirements for getting a license through the state and there's there's no reason for us to do that we're we're simply going to say they have to comply with all of these statutes and the rules of the office cannabis management and that is because those statutes are in way more detail and specificity that we normally have in zoning and again unless you want to hire a compliance officer I don't think you want to get in that business so we're going to have things that they have to have an active license to remain in business in our community and one of the things that Megan who is very familiar with licensing would say is then then we want to make that reference clear in the license provision and if those licensing Provisions should be extended to other cannabis businesses like manufacturers and I don't know why you would wholesalers because that allows you to stay on top of a better and you can you can charge an annual license fee then that's a decision that might help you reach that point that you say yeah let's let's have more regulations but my position now is they're going to be highly regulated they're going to be monitored by the state our job is to get them through the land use and Zoning process as best we can and not wear the hat of the state regulator that's that's just my separation throughout my career we can go into a lot of detail but the more detail you want to do and a lot of communities decided they wanted to have housing codes then they were paying $250 to $350,000 a year to have a housing inspector to follow up on the requirements of their own ordinance and most of those cities other than the big ones have abandoned that approach that's just as simple example because a lot of suburbs decided to go into the housing business and it was complaints that that apartment building really needs to be fixed up and so you need to adopt an ordinance and you got to be specific and then you got to hire somebody that goes out and inspects because once you adopt that ordinance you're going to get complaints that you can't believe and that's why most of you didn't have a housing code in East bethl did you ja no no anyway that's a comparison I would make to how far we want to go in this but again that's a policy decision that you would be making I've indicated in here that um we're going to have conditional use permits for all of these businesses if they try to circumvent us we're going to put that uh initial licensing 30-day business through the licensing ordinance and if they can't tell us where the business is we have to say it fails it doesn't meet our requirements and so that would be specified in the detailed requirements of our licensing provision so can I ask a question please um I noticed that you had put in conditional use permits but when I was looking through our minutes we never agreed on that and of course I don't agree with it so looking back on the minutes that we just approved it said that you were going to go back and kind of research that but we never agreed that we were going to we never came to some any consensus about whether it' be interim use or conditional use so I think we before we just assume that there needs to be more discussion on that yeah and I I'll just say what I'm seeing in a few of the bigger cities um the tables that they have they're putting uh half of these cannabis businesses as permitted uses and the other half as um conditional uses I'm not even seeing any interim uses I would argue that uh consistent with uh the state's intent or interim uses is that they have a specific timeline and I realize uh we use these with um probably the best example is Billboards uh 25 years ago when in fact a billboard did not necessarily have a specific timeline they could last 40 years why did we do 20 that that that was a politically correct thing to do that we weren't going to issue any more conditional use permits because they did live forever but the law reads if the state has issued a license to someone that license exists until it's terminated by the state or by default through our own but we have to go through a process to tell the state that they're in default and then there's a correction period not unlike what you have to do now if you find fault in uh any business or or um non-compliance with a code provision so my comment is interim use permits were never intended uh for Brick and Mortar facilities we use them for temporary activities homebased business which you've gotten rid of uh we continue to use them on the Billboards because nobody wanted the permanent protection under the conditional use um I made a note in here some where without looking it up and it is in the state statutes uh that none of these licenses are transferable and so we have the authority if somebody was changing a business location that's not transferable they have to go through our conditional use process but I'll I'll just say my piece I don't think anything other than that uh temporary event should go through the inter Muse that that's just me I don't believe especially if someone were to we get an out of state meso business that wants to come in and and spend a million dollars and and we're going to hide that as an interim use that we can terminate I don't think so well they have to go through an annual renewal of their license anyway that's that's what I say so that to me lines up just perfectly with an inim use that's a license I I realize the difference Dean but I'm just saying that there's it's not like once they get their it's not like a a a typical business now where they get their their approval through us and then they can go on forever with their cup so there's there's an annual review of their business anyway so there's there's already uncertainty if you want to call it that um and I again I'm only suggesting this because of what we just spent an hour talking about which is the state can't freaking make up their mind about what's going on so why do we want to give somebody a conditional use permit which is transferable with the land so so if if things got more defined I I definitely would reconsider that stance but I think that for the state of where things are now and knowing that they have to go through an annual renewal of their license I don't know why we would why we would Grant conditional use permits so again if the license is terminated uh for a business and they're not assignable to anyone else then that business is gone so we issue a conditional use permit uh for a retail business and for either infractions of of the state requirements or whatever they lose their license that conditional use permit is revoked I get that but then they sell their business or their property to somebody else they get the cup now that person gets to apply and it's back in business again if they get their license and that's and that's something that this just gives us a little bit more control over Bad actors or you know problem properties and again until things are really uh better sus down the other question I have which is different is that I think we currently have an ordinance that prohibits uh smoking or vaping in public or public facing um entities so like for instance you can't do it in the uh Lobby of a hotel or or out in front of the track you can't do it so how does that play out with the temporary events if you were to allow that so would we have to change that ordinance that we currently have on the books so the temporary events uh which we don't have to allow smoking or vaping but if you were to do that they have to have a separate area you're assuming it's private property it's uh restricted to people over 21 it is not a public building like an apartment or a bank or an office right it's it's different and so they've categorized it differently uh but the same approach to restricting tobacco streets sidewalks Parks all and and public places um would apply to the Cannabis and so how the how the temporary event gets by that is number one it's temporary it's going to be somewhere confined by itself and again we have very few do they require Vents and ceilings if it's indoors I don't I don't I don't see any of those specifics in there so I'm assuming these are geared up to like Carnival atmosphere and somebody's going to pop up a tent and then if you were to allow that consumption they have to have a separate tent has to have a separate entrance from the retail sale area the retail sale area has to have a separate area to store merchandise that is not reachable by the public so there are many restrictions in there that tells me it's some Warehouse building that somebody would lease or as my question to the state um asked can we restrict these to other licensed facil ities so if it's a meso business they already got a consumption area if it is a a meso or micro or a a Manu uh I'm trying to think who else has the retail or a retail store that was large enough could they put an outside tent up outside the building meet all the other requirements uh to prohibit anybody under 21 to keep retail sales separate from Storage to have a separate waste disposal component and then if we allow the Edibles including vaping it would be no different than going out behind Ajax bar and they got a tent out there and you're allowed to smoke in that area but it has to be secured and so we're talking about somebody putting up fair amount of money for fencing at a temporary event and again I don't I don't have the answer to that they didn't answer it we are allowed to have reasonable restrictions so I think at some point you all can uh you know ask the attorney is is is this reasonable we want to restricted to a licensed facility Well what if you don't have any licensed facilities then are you restricting an event which the law says we can't prohibit it we don't have have a licensed facility in town because there's only 50 retailers allowed we have to have a provision somewhere for it so I think the licensing component is safe and I think issuing the interim use on the event is safe but personally I I think it is a stretch for businesses brick and mortar businesses that make investments to attempt to require inter use permits and that's me and that becomes a policy decision and so Janet has all the authority and she's good at it and twisting arms and getting a pinion and I think at some point you got to get a legal answer to that I I know what your older City attorney would say he wanted you to get rid of conditional uses and go permitted you and he lost and and he certainly wouldn't go with interim but yes that I put this on paper now not because we resolved it okay I did highlight and uh I should have done that here uh that that you determine what it is um and that's easily changeable it is um I did say or I did highlight somewhere in here whether we had three or one and I'm assuming that we are going to be allowed uh by our ordinance to change that to go upwards or downwards and so whatever your comfort level is I don't think you're going to get three of them I know yet a comfort level why restricted but you could start with one and open it up uh you could start with 10 and cut it back that's that's my good but we'll get a we'll get a legal opinion on that too because Megan will have all of my questions so does it make any sense for us to even I don't even know what we can talk about because there's like nothing is defined and everything requires a legal opinion which we don't have to tonight well we we will get some legal Answers by your next meeting I I don't know to what extent but we will simply say we want to present those our August 6th or 7th whatever day it is meeting and um and have those available for at least preliminary discussion and I think what you're going to get are opinions not answers and it'll be well the law you know if Megan answers the same way the state did the law allows you to have reasonable regulation is as long as it doesn't prohibit a cannabis business or prevent the operation of a cannabis I mean what kind of an answer is that and then the position that you take Janet is we're going to do all interview permits fly on them let somebody sue us and then we'll get we'll get a final answer you would not want to and Jack and I have something common I worked in uh I worked in uh East bethl before he did and they had a controversial business um and they refused to they refused to issue regulations they simply denied it and when the judge overturned their decision there were no regulations and so you want to have all the regulations that you can in place and if somebody challenges those you want to make certain they're not overturning other valuable things and that's that's part of this debate on how we may choose to regulate I'm not going to argue with you do you remember me at the August meeting I said this is a moving Target and from what I've reviewed so far I'm I'm I'm not I'm not a happy camper because I don't have my own answers I know it's frustrating isn't it so what I'm going to do um and this was my last question gosh it's not even 8:00 my last question we can stay as long as you want I'll stay here till 10: my last question was what what is what is next and I think for sure we're going to share my anxiety and and we're going to say we we want answer answers to these before our next meeting uh it's up to you to invite the attorney to come in here and get that cross talk I I I don't hold your Pur string so that's not for me to decide but we will get that I will begin structuring the component for licensing um the Cannabis retail in chapter 4 and I think we ought to do the licensing if we're going to be allowed to have Annual fees uh for events we may as well put it in that category but then also issue the interim use permit on those um I will continue to dig into other ordinances and I appreciate the city of St Paul had the confidence in what they were doing to go ahead and adopt their ordinance it's it's on the books and they simply are on top of that with the number of city planners they have with the number of specters that they have and they amongst a handful of other communities are looking at this as new business in their Community yeah they're trying to figure out how to how to pay for all the roads that they have to repair any questions anybody else no I mean I just think that the last discussion that we had we went through a lot of stuff and I think we we got the basis for like what we want in which of the zoning areas um that's something and I don't know maybe it would change I don't think so but I think we got a at least a good start and on what we could with what we know so far think you have a huge start I'm personally uh when Jack called me and I'm at my cabin and my hip was bothering me uh and and said I want you to do this I'm like gosh and then when I looked at the statutes and then saw the amendments to the statutes it's a can of worms it's a lot of work um I don't know I've probably got 40 50 hours I have no idea uh into this already and the only consolation is that's a fraction of what you're jorney would charge you for that much time we I'm going to I'm going to double or triple that in this process and so it doesn't make sense for a bunch of us to be doing the same thing and if your City attorney is not representing any other Municipal clients you're going to pay the full bill when you work with multiple clients you can distribute that bill to multiple clients I mean that that's a good deal and I don't I I I I I no never mind I'm not going there um so what I thought was I would attempt to um expand this ordinance in the level of detail that allows the scrutiny of the City attorney not that they would do that for your October meeting but fill in the gaps uh I have some other resources to help me come up with other performance standards but it's up to all of you with the questions to why aren't we doing this or why did you why did you do that all the extra eyes make this um really work I think in the end when we don't have firm answers we're going to say we're going to allow uh maybe four events by an event organizer well then you might have it these people say that no they can be from Thief River Falls the next one can be from elely you might get however many they've issued no there are no caps on event organizers I just don't see this proliferating I really don't I mean why what what what do they gain it is bringing different manufacturers together and you you don't have any it's going to take years before people sit and say did you try that leaf and that's what goes on at these events you've got multiple manufacturers or retailers with different products they have to buy it on the spot then take it home and use it because they're not allowed to use it there and then they they do what they pick a favorite brand oh I like budlight better than Miller uh I just don't see this proliferating but to me I think you pick a cap and and you say you're going to allow them once a month or whatever I think you could develop a standard and say you're going to require these to be in brick and mortar facilities no circus environments somebody challenges you there's your lawsuit you're covered by the league and you get an answer that is an outcome unfortunately we've gone through those steps in more than one instance when the legislation simply isn't clear or you believe strongly in the position that this is how we're going to approach it again since you You' got insurance that's what it's for and the league represents you and got a good chance of winning or at least you'll get the answer do we want to go back you were tied I know not everybody's here but we still got Jesse and and Robin online um three or one that's where we were at the last meeting it was a deadlock no I think 31 31 by one1 out is that where you want to start well that's what we voted on that's what we voted on yeah yeah yep I didn't have that in my notes three one out by one vote or the tiebreaker yeah one we only have if you redo it it'll be a dead heat because that one person is now off the Planning Commission let's just stick with what we had it was in the notes wasn't it's inter honestly it is it did it yes 31 we're in we're in work sessions until this gets adopted you change your mind on any and all of this and I think you think about things that Janet's brought up whether it's the number of U businesses or how you're going to approve them uh conditional use permit interim use permit we certainly aren't going backwards I'll use that term and putting any of these as permitted um but you need to all talk about it and and and again uh Janet can twist your arm and give you her opinion and I I do not hesitate giving you my opinion I mean I you make it make it sound punitive I know I know but if I can get the alphabet uh for definitions I'm going to get this no I'm just kidding I'm not opposed to that this this this this is all fair and as long as you don't violate open meeting requirements you can talk about it amongst yourselves so anything else you would want to see knowing that it is going to be a couple of months before we're going to get all these answers we're we agreed on licensing we're going to have one retail it's really going to diminish three three retail I mean excuse me three I was so fixed I can keep reminding you by way not twisting his arm behind his back I was hoping she'd come to CS if I got one no all right that's all I have thank you thank you very much thanks for clarifying everything it's clear's MD run and why I'm here and it's not your fault no it isn't it's not your fault and and so elanar Jack and now Megan and I will be talking about all of this and and I will expand the draft ordinance and again once it gets into this form it's a lot easier to do and and and you say wait a minute it is one it's not three it's whatever but it's good to know the state uh or our attorney will let you know that yes you can bump that up to three or unlimited or what you want to do uh both Minneapolis and St Paul are sitting there doing the division 285 population 365 divided by and they're going no we want all of them and the states put on these at 50 y that those caps are going to be exploded if the cities are saying we want these and if you consider how hard it is for you to get your own restaurant your own grocery store other things why would somebody invest in a low household low population market for something like this probably not I I don't see it but by La we're going to be prepared for Dean in one of the things I think that was in here that was asked and I think you were going to follow up on it and I haven't heard you at least I don't think I've heard you address it yet is whether or not we could restrict cultivation to indoor only I I I'm going to say that we say it indoor only okay I don't read in the statute where it says you have to allow both indoor and outdoor cultivation it says you have to allow cultivation that's my position and so um the the city of St Paul said well we'll allow cultivation in most districts except their residential well your holdal so we've agreed we're not doing that but I think your approach is that you restrict it to indoor I think I may have said that in one of these but um indoor cultivation yep yeah I just I was just looking back at the minutes where it said you were going to check to see whether it was legal to say that we'll we'll find out what legal opinion um or response you you get to that but I I'd say on something like that you're not an a community and you know Rob hit it right on the head in the first meeting nobody's growing this stuff outside to compete with the kind of pot that's developed now those days are gone I mean it's just not there maybe in Hawaii you grow some exclusive stuff but uh it's indoor and it's your round and I've said in here uh without saying you can't have hoop buildings and whatever I just said you got to meet her building design standards so the exemption that you have for burgeons which somebody might come in and try to say is an exception they are an egg business we tried to make them do an environmental review and a business was exempt from environmental review they had over a million square feet said that triggers an EA well actually trigger in E they were exempt these businesses by this state statute are regarded and taxed commercially all of them including cultivation so we're going to have commercial building standards and I think we got have commercial event standards that's where I'm going with it no tents I mean yeah I agree that's silly yeah that that just seems silly you don't have a lot of vacant buildings you're not going to get one but if you had a micro business or a retailer and they were in a place like where the uh exercise guy was and you got an extra space in there that's the kind of place that might come so to Dean I had a question in kind of regards to what Sue was saying about Heyday well I was out at Heyday this last last go around at the beginning of September and they had these popup things everywhere where they were selling THC cartridges they were selling gummies all that type of stuff how was that being legal without having all this set forth I mean to me that's a popup thing and and uh when that and they were allowed to do it inside the event yeah and so you first of all have to the the law is it has to be 21 restricted age MH uh so people that are selling 32 or full liquor can sell any of those low potencies sure the popups outside I think you have a case that they don't meet any of the requirements where you're cing where you know you've got security where it's the product is behind the counter mhm so I don't know how prevalent that is I've never seen that sure uh the state has announced I bet there was like six or eight of them I saw out there on that facility were they all low potency no no they were some of that were the high test stuff yeah I was surprised right and and they are all at risk R uh the state is going to create a licensing program for the low potency when that law was passed two years three years ago uh we didn't do anything so any retailer that monitors the 21 Age and and security and whatever is allowed to do that and that's what I said in the beginning of the meeting a decision you need to make do you want to get into the low potency licensing business St Paul's got 178 of them and if they can get $1,000 a year license annual license fee that pays for the inspector I don't like going down that road but I'm telling you that's what some are doing so right now the model ordinance put out by the state says it is optional for cities to go in and regulate the low potency when it first came out it said we can't interfere it didn't say we couldn't license other big cities that are geared up and have licensing stabs are doing that you have to decide do you want to get into that you haven't got any businesses you collect a thousand bucks from from holiday and from loves because you're and then you got to check up on them do you want to do that that's a policy decision don't let me influence it but I don't think many communities are going to go in as start like licensing the low potency um wherever 32 is allowed they can do it I mean wherever regular and so you're already licensing that component but you don't have anything you're not saying anything that's not alcohol content or tobacco for that matter you license tobacco so if you want to get into that business you'd have to add that as another standard we have to wait until the state does that so that's not something we have to do in the next five 6 months and again you have to decide are there enough businesses where you want to add that to the regulation and until I go through and on the basis of what you have for alcohol sales and tobacco and really cross reference look at it think about it it may be so simple that you piggyback a low potency with that you incorporate it in the same fashion I just don't know but we have to think about it and the state said they are going to begin uh registration program that's what St Paul calls it not even be a license and uh if if you noticed in some previous handouts the the the rules that the state has come out with what were allowed to charge uh is is limited to 500 bucks for retail micro and maybe one other and then an annual thousand fee I don't see anything in the statute that gives us the authority to collect money on any of these other businesses so why would you regulate them I mean just just give them their iup or cup and uh you wash your hands of it and it's regulated by the state so there's a lot of stuff and I need you to ask questions because all of a sudden I start getting familiar with something and I I lose the fact that okay I finally figured that out and if you're out there wondering what is going on um just ask is relevant leave that up to the chair oh gosh that can't I mean this is not the right time no Josh if you'll talk to me after the meeting we'll find out what you want to do and we can get you on the agenda for another meeting it was just it was a matter of Minnesota consit under taxation there's no license required you know I was just looking at as far as how keep it simple and youate all that but then you've got access to 35 as far as Port of you know so if you just control that as like report of Entry within Columbus can can can you and I discuss this after the meeting yeah yeah thank for sure sorry I was just trying to keep it simple like trying to figure like how do you keep all this stuff simplify down and just better watch it you'll get elected elected talking like [Laughter] that okay is there any more discussion about this heck no so we're ready to move on yes yes planning commissioner's report anyone I suppose that's just no I don't have anything good Robin I'm good all right I got nothing uh City administrator planning zoning tech report I have nothing to add unless Ellie has something she wants to contribute oh well Ellie brought up something too for those that you may or may not be aware Barb resigned from the Planning Commission and her resignation was effective September the 30th so we do have a candidate that will be appearing before the Personnel committee next week to interview and if she looks like she's a good fit then we may have a replacement ready for that at the next Planning Commission meeting thank you um a reminder for everybody that it is Columbus tomorrow and everyone um all of the planning Commissioners and city council members are invited to that it is from 4 to 6 at Running Aces uh Hotel great anyone thank you anything else would someone like to make a motion to adjourn so I'll move I'll second I'll call for the vote Ron I sue I Janet I Scot ey Rob Robin I Jesse I and Bethany I meeting adjourned [Music]