##VIDEO ID:tjUNkX2gajs## if I remember you were before us a couple years ago talking about drafting ordinances I've been of effort since 2022 okay that sounds about right right around when edible pain pass yeah call tonight's meeting to order make a motion to adopt the agenda as it reads I'll second it Motion in a second all in favor say I I I all opposed okay moving on to updates from our Council Yon good evening planning Commissioners Jim Smith East ble City Council on our uh December 9th meeting we approved the 2025 budget Levy approv we approved that we also approved the Eda budget Levy for 2025 2025 for the HRA budget Levy approved also the fire department we uh approved a $500 increase on the retirement so now that means that they're up to 8,000 a year which is pretty cool M and then we approved three variances one was a setback variance for 3564 Ed Marlene we approved that in the second driveway variance 1 19408 East Front Boulevard and then the property split 426 Birch Road that's all I got excellent Merry Christmas you guys Merry Christmas thank you for your time on the coun this as you guys change over next month right this will be your last month as AR Lea on I don't know I have no idea I think he usually changes over around January just thank you for your time thank you um on to the approval of minutes um I have no changes no changes no changes none was not in attendance okay take a motion to approve the minutes from November 26th I'll second that all right all in favor say I I I opposed hearing none we will move on to our public hearing Mr chair and members of the commission um want to just uh set this up a little bit here and um uh give a little background on the reason why we're here this evening this is an ordinance of the city of East bethl uh amending appendix a zoning to regulate cannabis and hemp business and amending chapter 18 providing for the registration of cannabis and hemp business businesses in the city you'll recall the state of Minnesota legalized uh recreational marijuana and um and as I understood there were supposed to be some rules coming forward from the state which um didn't quite materialize and so so as we get to the beginning of the year when supposedly these um uh these licenses are going to be um offered through the office of cannabis management um that kind of leaves cities municipalities in a in a situation at that point where if they're authorizing uh businesses like this cities need to have ordinances in place to kind of get their arms around how how they're going to uh control this um so we have a our attorney here this evening who has drafted this but just in terms of going over some of the high points here the city of East Beth um has the authority to adopt the ordinance pursuant to Minnesota State Statute 34213 C regarding the authority of a local unit of government to adopt reasonable restrictions of time place and manner of the operation of a cannabis business and this is all done to protect public health safety and Welfare uh we get into definitions there in terms of what a cannabis business or cultivator an event manufacturer miso business micro business retailer testing facility wholesaler hemp business and so on as you can read there um this uh these definitions would go into the ordinance um and then under the various different sections that would be uh modified uh for whether if you're a cultivator or your low potency uh edible retailer or again if you want to hold an event or if you're a retailer all that's kind of um identified in the various different sections that would need to be modified um and then it goes into also the application the approval compliance checks renewal of registration renewal fees application suspension of registration length of suspension penalties and those type of things and again um I I can adjust a little bit because I think it was Nancy Peli who said once uh we should we should pass this before we know what's in it referring to a Bill in Congress um this is not that uh type of a scenario I think uh passing this or promoting this to to the uh city council uh would um would basically get something um on the books and how that plays out then in the future you know whether there we need to tighten things down or loosen things up in the future obviously ordinances can be changed at any point um and uh and so so that's um that's kind of getting something down on the books here before the first of the year so Mr chair if you'd like I know there's a um a presentation uh PowerPoint presentation here this evening that uh Christina would like to provide absolutely take it away thank you Christina okay I will do we want to wait till the pre presentations over to open public hearing once they heard help answer questions for anyone who might be listening and not knowing why it's not open they're going to come rushing in the door yes yeah I did almost forget that at one meeting so we'll come back to that right public hearing yeah um I've been doing a lot of these so I'm Christina Benson I work with Eber glamors I'm a City attorney for quite a few cities and I have been doing all of the Cannabis stuff for all of our clients um so this is uh my probably last cannabis presentation it's been honed as I've worked through it with multiple councils and planning commissions and what we've worked it down to is when you're looking at this tonight a lot of control is still at the state level but there's really only five areas where the cities do have control and that's what we'll be looking at tonight so the first one is whether or not to adopt a registration ordinance and if so what you'd like in it the second question is whether you want to limit the number of basically cannabis retail in the city whether it's retail at a cannabis retailer a cannabis meso business or a cannabis micro business the next decision is whether you want to have distance requirements from certain types of Youth oriented facilities and residential treatment facilities for cannabis businesses or for hemp businesses um the next one is whether and what performance standards you'd like to have for cannabis and hemp businesses and then finally of course zoning District placement so at the start of this I'd like to kind of go over some terminology this is is a very technical area part of it is because when this was adopted at the legislative level um it doesn't really fit well with what is currently um allowed to be sold and what's going to be sold um and there's a lot of terminology that is easy to get lost in it so when we're talking about cannabis we mean actual cannabis the Cannabis flowering plant an immature plant um the really high potency stuff then when we're talking about a cannabis product that something where um cannabis concentrate has been extracted or a cannaboid that has been artificially drived has been put into something um is um cont and is containing THC the last thing is a cannabis business and the point of having this in there is when we're using the term cannabis business we're not just talking about retail we're talking about any type of business so when we're saying distance from facilities for cannabis businesses we mean retailers cultivators manufacturers Transportation testing facilities events and delivery services so cannabis business means everything not just retail the next thing is edible cannaboid products that's what's sold right now it's different than the lower potency hemp edible um so edible cannaboid products that's what we're seeing in shops being sold that's what we're seeing at a brewery when you're going out and seeing the THC beverages those are edible cannaboid products and they have much greater limit on what can be contained in them and lower potency even than the lower potency hemp edible then we have the lower potency um for hemp business when we're saying hemp business we're not talking about cannabis businesses we're not just talking about retailers we're talking about both lower potency hemp edible manufacturers or lower potency hemp edible retailers and just again we're not talking about what's being sold right now because there are no hemp businesses currently operating right now and just because this question does come up in an area where you do have agriculture what we're talking about tonight does not impact those who are licensed by the state of Minnesota for hemp agricultural activities this is completely different and distinct the city does not have control over that we're really talking about very different things tonight um that is a concern that some people might bring the next thing is when we're talking about hemp the biggest difference between hemp and cannabis is the potency they look pretty much the same but a hemp plant a hemp plant has way less um THC in it so let's say it's not an exact ratio but let's say you have a thousand pounds of hemp create one unit of THC one pound of hemp would create one unit of THC that's what we're talking about it's way more potent I'm cannabis then hemp but otherwise they're basically the same thing and once the THC is extracted from it I'd love to hear what the differences um then we've got the lower potency hemp edible and you can see here it's a much longer definition than that edible cannaboid um so it's lots of words that's why I left it in there though so you can see it's longer there's a lot more things that can be in it including artificially dried cannaboids which are currently prohibited by state law um those will be allowed you can have more than 5 milligrams you can have 5 milligrams plus 25 milligrams um and so on and so forth all right so now this is going to be talking about Scope when we're talking about these tonight and how you're going to be Reg ating these things we're really talking about right now and in the next year because it will probably make sense to revisit this in a year but for now and until 2026 this is the number of licenses that are available there are only 50 cultivator licenses 24 manufacturer licenses 150 retailer licenses and 100 meso business licenses for the other types of things like a micro business a testing facility those types of things there is not a limit in statute but the office has the discretion to choose how many are issued but when we're talking about again these retailers meso businesses there's only going to be 150 retailers in the entire state of Minnesota until 2026 100 meso businesses until 2026 so we're not looking at a big boom of these um other than um in 2026 when we'll we'll see those changes so now I'm going to talk about a little bit more so you can picture what these businesses look like when we're looking at a cannabis retailer they can sell to C consumers everything everything from cannabis plants down to what's currently being sold um cannabis plants flowers cannaboid products lower potency hemp Edibles and then other projects authorized by law there is a state requirement that they have proper ventilation and filtration for Odor Control but the law specifically points out there's likely to be and you're welcome to have local requirements um for the odor the other thing is that the state law regul that sales um may not take place between 2: a.m. and 8: a.m. the city has the option to extend that to 10:00 a.m. but you don't have the option to extend it any more than that for cannabis a micro business is something that the best comparison I use is like a micro Brewery this is a place where it's smaller they have um they can grow cannabis there make the Contra concentrate package it manufacture it and sell directly to Consumers all in one site um you can see how big these can get and the other thing that this is the only type of business that you can permit on-site consumption of cannabis products um so that's where again it's a like to a micro Brewery um the only thing as you can see on here regardless of what you decide they can't permit smoking or vaporized delivery methods that's already taken care of that's already prohibited at a state level then we have a meso business and I compare this to more like a sirly size Brewery however you can't have on-site consumption but it's they can still sell to Consumers they just can't drink it or eat it or whatever at the location um much larger up to 10,000 lbs three times the amount three times the amount of square feet um canopy indoor they can have up to one acre outdoor they can make concentrate manufactur package label and they can sell both to Consumers and other cannabis businesses then we have a cannabis event and a cannabis event specifically I can't remember if it's in the rules that are proposed or the law but it it requires that you get local approval before you can have a cannabis event so that's something that's really in the city's control what you don't have control over is that the event access you have to be 21 years of age um there has to be a designated retail area one thing that is up to you to control um is on-site consumption you as a city can decide nope you can't have on-site consumption if you do allow it the on-site consumption area has to also be designated caught off um so that there's an entrance exit security protocols and all of those things you can set things about um location hours noise signage and those types of things which you'll see in the ordinance that's before you tonight and in a comparable be like a craft brew fest yes although for those you can have it um like for Beard dabler at the State Fair it's a wide open area where you're consuming and purchasing this would be a much smaller area where the retail consumption and um purchases have to be taking place so it's really really um locked tight um even more um than we would see for a brewery festival or any type of Festival where um like a community Festival where someone might be able to have an a beer license these are really more restricted by the state again for just picturing what these look like this is again for all cannabis businesses they have to have an alarm system that's audible within 100t radius video surveillance lighting motion sensor locks and there's fencing required for outdoor cultivation you have the option it's not proposed tonight but you can require fencing if you'd like um for non- outdoor cultivation as well um and I just have a note here the office of cannabis management has explicitly stated that you can't have a cannabis or hemp business occurring in a dwelling if you are paying attention some news stories have come out people are challenging whether they can sell the stuff they grow for themselves under an agricultural exception but that wouldn't be considered Ed a cannabis or hemp business it's a distinct thing um from what we're talking about tonight can I ask a question yeah so under all those rules they had there who will be checking them good question yeah um and I had it and I took it off um these are enforced by the office of cannabis management so they'll go out once a year whatever if we're lucky if we're lucky um yeah local law enforcement can report it anyone can report it I'm sure if they receive a report they're more likely um to take action on that they have already been taking some action but of course this is going to get much larger scale very quickly um but yeah the city doesn't have any Authority other than we'll have a little bit of authority with the registration ordinance with suspension capabilities when we're talking about violations um but you can only suspend for a certain period of time and you cannot revoke um what which is all stuff that um is at the the office of cannabis management level that's a really great question um these are some of the environmental requirements the reason I put all of these out there is to point out they're not really having additional requirements they're just referring generally like whatever is already in the pollution control rules the same stuff applies so there's not heightened requirements for these um if you'd like to have any sort of heightened requirements and the other thing you can see bolded um they explicitly are expecting local unit of governments to be controlling some older standards then we have a lower potency hemp retailer and this is a really nuanced one so they're selling lower potency hemp Edibles they can't sell cannabis anything lower potency hemp edible and Below they can at a lower potency hemp retailer they can have on-site consumption if they have an endorsement which we know nothing about um the office of cannabis management has not elaborated on what that process will be other than statute does say that the office shall issue an on-site consumption endorsement to any retailer that also holds an on sale liquor license so that's why you'll see in your ordinance the accessory use in a lot of your districts and that's to Encompass the on sale liquor licenses in your city so if someone has a bar a restaurant a club any type of those things where they're selling beer it's permitted as an accessory use to be a lower potency hemp retailer if you have a liquor license so that's why you see that accessory use in there it's saying I mean you can't just like flip around and become lower potency hemp retailer but you can keep being a restaurant and selling beer you can also sell these seltzers for example all right so this is where we're going to get into um some of the details so um this is to demonstrate all of the things that are covered by the state and The Limited things that you have control over which I kind of introduced at the beginning registration making choices about distance from certain facilities hours of operation um performance standards and then what types of districts you want to allow these all of these other things are um like licensing revocation eligibility is taken care of at a state level and you do not have control over them so coming back these are the five questions again that we're looking at tonight the registration ordinance would be both for cannabis and hemp businesses um not just um one or the other you I suppose have the option to just do one or the other but I recommend doing both this is for retail sales whether it's at a um lower uh a restaurant or whether it's a full-blown dispensary or a meso business or a micro business they would have to get a registration from the city you don't really get to pick the fee um the option is to have an initial retail registration fee of up to $500 or half the amount of the applicable um initial license and I'm pretty sure almost none of them Reach $500 um so we're looking at about $175 that you'd be able to collect for that initial registration fee and then the renewal fee is higher um there are a couple that get to that a th000 level um but most of them are about 300 um for that license fee and as part of that if you adopt a registration ordinance the local unit government must conduct unannounced age verification compliance checks at least once per year you can have additional compliance checks than that um but this is what you're required to do at a state level they did make a change they were going to require the local unit of government to check that you're compliant with all of the ocm and statutory standards but um there is a lot of advocacy that you know that's a lot for local law enforcement to take on um so that's scaled back and now you're just required to do it um for the um if you're registering them and for age can I ask would we would that be like the sheriff office that we hire to patrol they would be the ones to go out and S to a controlled buy for liquor right yeah it's likely that's who would do it but helpfully um and I believe the way I've drafted it in your ordinance is just that the city is going to conduct them so some barriers that cities have for conducting compliance checks is availability of Law Enforcement Officers so you can have a non-law enforcement officer also doing these compliance checks so that's something that is unique and helpful to have um in this particular requirement um and we can I'm trying to decide with the public hearing do you want to hold a brief discussion okay so is everyone thinking this is the registration ordinance is a good idea any questions about the registration ordinance at this time at this point no I I've got other things but we'll get there Perfect all right so then the next question that you'll have is whether you want to limit the number of cannabis retailers cannabis meso businesses and cannabis micro businesses um so it would be if so they're a cannabis meso business this is not something that's worked out in the law at all but they can have the meso business operation where they're cultivating Manufacturing in a separate location than their retail so if they do that then you can't limit the number of that cannabis meso business from taking place in your city so cannabis meso business could open up beyond what this limited number is they just couldn't conduct sales at that location um but if they choose to have it at that location which I'm anticipating a lot of them will cuz I mean that's part of the draw right um with these smaller micro um B breweries and stuff like that is that you're at the location where it's being made but who knows um so I just want to be very clear that we're talking about places where cannabis can be sold it might be connected with a meso or micro business but it could also be separate if you choose to limit this you can limit it down to one but you can also pick any other number you're just required to allow at least one so I have at a couple cities that are saying yep we want to do the bare minimum one for every 12,500 and I've had some other cities um that have I think they did did six and they're a population about 4,000 so it really has varied um from City to City about whether they're doing this and how many they're allowing any questions here all right the next thing is distance requirements from youth oriented facilities and residential treatment facilities so what I did is it's not the most trustworthy sour but it's what we've got the state has a list of where schools and daycares and all of those things are located there are some issues with um there might be ones that exist that I don't know about simply because the state is inconsistent um the easiest example Oak Park Heights Still Water High School right there in Oak Park Heights but it's listed as it being in Still Water um so it didn't show up when I tried to pull up their list of schools so if you know of any schools that are located within your city limits um beyond what I have up here it's very possible that that's a thing um but I I've gone off of what we could get there's also a state Register through the Department of Human Services for daycares and these are all of your daycares in the city and this includes home daycares in addition to like those separate more commercial looking ones that we see and then we have no known residential treatment facilities within your city and um we have quite a few Parks which you probably know um in your city the 500t and 1,000 ft that you're seeing here that's the max that you can do in statute you can do less than that a lot of cities have done less than that but I've also had a lot of cities um when we're talking about zoning and these distance requirements it's a lot easier to start with 1,500 and come back next year and say no that's too much we want to scale it back or take them out all together but if you decide next year you'd like to implement these distance requirements you're going to have legal non-conformities so you're going to have a challenge actually implementing that if someone opens up so the 1,000 feet and 5 feet that's the maximum that okay and that's from the state yes that's the state statute and that's is it interchangeable or you know specifically this 500 ft from you know the um oh I can go back treatment facilities because we couldn't say 1,00 ft from treat corre facilities yep it's up to 1,000 from school there's ambiguity about whether you want to do it from a principal School building or the blot lines um I've just kind of drawn up um you'll see it in a minute here um as best I could on GIS just kind of a circle um but a lot of cities choose um to do it based on what you have for your liquor um for measuring 500 feet all right so this is what I put together it's not perfect um 500t is about 18 Acres so you can see I got pretty close on most of these um and then um 1,000 ft is about 75 Acres according to conver versions um oh there we go online so the green here those are your two schools mhm the purple there's some purple up here um those are the daycares and the blues oh where did my cursor go there we go Blues are your Parks um so I have a a map where I've kind of overlaid this and I have a closer up View and we can always Circle back to these when we get to your discussion um but this is kind of uh where these These are in your city um so here's a little closer up I believe this is the south portion of the city first where you can see there's some overlapping daycares lots of parks got some the schools are close you're missing a school on the North End Cedar okay Elementary that just were those kind of reddish dots are next to your magnified right here uh no North North North North North West oh here yes okay that's a that's an elementary school okay so that would be you know you can kind of see how big that circle is probably about here wouldn't quite reach 65 but it would go an overlap The Sims Road Northeast and this is for all cannabis business this is not just retail retail would be correct this is all okay yep and then um and you can do it for hemp businesses too if you like a lot of cities haven't decided to do that because they've decided to treat hemp like like liquor um and if you don't have um distance requirements for on sale liquor which is pretty common um they're because that's who's going to be selling these um most uh regularly they haven't had those restrictions um and then this is the north half of your city couple blues purples um but again I have more um then we have performance standards what we've included um restricting signs to only words there's a lot of concerns about big leafy green flashing signs and um kids seeing those and thinking oh what is that over there for sale I'm interested in that um so the the balance that's been struck there is for now to keep these from having those types of flashing symbols or trying to come up with a creative symbol that looks like hemp what they're saying isn't hemp is to just allow words and for these businesses to really just look like any other business and non-distinct um placing hours of operation limits on them again for now older restrictions noise restrictions and then the security one is um related to bars on windows cities have had an interest in not having bars on windows because they don't like the look that that makes um kind of it feel when you're walking into those businesses or seeing those businesses so what that um is drafted as is they um have to be on the interior and they have to be open during open hours of business so they can have bars when they're closing at night and they can put them down but they can't be on the exterior and not during business operations all right so now we're going to talk about zoning districts of where these are drafted I just looked at existing uses and kind of went with that and of course we can always adjust them all of these except for cannabis events and lower potency are considered conditional uses at that time I think this makes sense um because these are really unique type of business they're more potent than liquor this is something that we don't have before and in order for these to really fit into communities um it has to be nuanced and go through the conditional use permit process so that it fits the community so when we're talking about your rural residential district which I have a picture on the next slide um a cannabis cultivator would be permitted here um so your rural residential or right that's what it was yep that's all the yellow and do you see I've overlaid the circles as best I can um it was I'm pretty proud of this you guys um so you can kind of see that um you do have some daycares and stuff in there um but those would be allowed in the rural residential um District the next thing we have um and that's because nurseries and stuff like that are permitted um we have the limited business district and here a cannabis event is permitted outright again the reason for that is they're going to come to you for local approval in a permit anyway why make them get a conditional use permit and like an event permit so they're permitted there um a lower potency hemp edible retailer is allowed as an accessory use without having to get a conditional use permit if you're at a place with a valid liquor license and then finally um a cannabis retailer and a lower potency hemp edible retailer would be permitted here um under a conditional use permit and this is B1 I believe it's come on CER these guys over here yep I guess you've got a couple throughout yeah like great um then we have the central business district and here again cannabis event permitted lower potency hemp if you have a liquor license and then um a micro business so the micro Brewery and then a cannabis retailer and a lower potency hemp edible retailer would be permitted under conditional use there and that's here along um 65 and again you don't have to take these recommendations this is just based on what's currently allowed you could also make a choice um this was a discussion to not in other cities to not allow it along the freeway and to so that it didn't look like you're driving into cannabis Central um and so they want wanted it to be pushed back from the main drag um but some are actually there are cities who want to be that main drag um to get that that business in um but just that's we're talking about B2 the pink then we have your Highway commercial District which is your B3 again cannabis event lower potency hemp edible retailer with a liquor license and there's some expansion here so you can have a cannabis cultivator a meso business and a testing facility in addition to retail in the be three and it's a little here we go the brown so we've got some here some here and some up here and again we can come back to these then we have your light industrial and um I haven't mentioned this yet you can't outright prohibit these in your city so you have to have a place for everything somewhere so your light industrial district is where some have been um placed simply because they have to be allowed somewhere and that would be the manufacturing so again you can have a cannabis event you can have the liquor license lower potency edable retailer and you can do anything else um under a conditional use in your light industrial district which is that other gray looking color MH up here then we have finally your mixed use district and here again cannabis event um as an accessory use you can have um you didn't have accessory use before that's why this one looks a little different than the other ones um in the mixed use District so we've added accessory uses um and then um micro business and then both types of retailers are permitted by conditional use and that is come on cursor right in here and you do have your schools um touching there all right so so those are all of the items that we'll be discussing tonight um if you want to ask questions now otherwise we could do the public hearing and do more questions after that let's get through the public yes yes I agree um let's hold the public hearing if uh if you want to speak tonight please come up state your name and address into the microphone at this point since no one's coming forward we're going to go ahead and close the public hearing so do we want to have discussion first or we want to have a motion and then discussion let go either way I'd like to yeah have some discussion here I am I do have some questions about some of the um performance standards what type of uh systems are in place for like Odor Control I've at a state level or in your ordinance uh well both so at a state level it's the same as any other business there's not additional um types of ventilation that they're required to include um it's the same as if you're building any other building um the standards that would apply I must be touching something um the what we have drafted um in your ordinance is that they have to be ventilated so that all o cannot be detected by a person with a normal sense of smell at the exterior of the facility or at any adjoining use or property so let's say it's like a strip mall um you can't H be able to smell it at the adjoining facility um and then you can't be producing noxious or dangerous gases or otherwise create a danger to any person um in or near the facilities so these would be like carbon type filters sure where they're running through and it can minimize quite a bit from what right right researched and and there was only one specific place that um would allow like on-site consumption but this is this considered just for Edibles or is that this would be for all facilities and the big thing there is no matter what form cannabis is in it has an odor um so regardless of whether they're cultivating or selling the flow um it's going to carry an odor they of course need greater um filters like he was talking about um if they're cultivating I've heard um it's pretty bad I know someone who grows it in their basement um a client actually um very officially like into the whole thing but his said his wife's like I'm I'm going to move out if you don't find somewhere else to do this um so it's it's quite quite potent sure yeah and that's are they using ail filt oh yeah his neighbors he's got it because you have to have it on lock down proding what the filter will filter out and it's not smelling outside um not outside his property I would say probably a little bit right on his property um he's now purchasing agricultural land sure so in in in violation of any of these performance standards the city would only be allowed to suspend a license for a time so we could suspend but they would have to these types of businesses would have to get a conditional use permit right so that's where we would have that control to suspend their conditional use permit and pull that um which is stronger than the license and registration controls that we have that's why they use that vehicle is that something that can happen indefinitely say that you know you suspend it for the 30 days and then you know day two of them having it reinstated they're violating again and you okay so yeah so for the registration but if you're having an older issue I would probably recommend the city um you know you would have in your conditional use permit just as you have that you have to be in compliance with all of your laws imagine as part of that conditional use permit process you'd also be having conversations with the applicant about what systems they're actually going to be using and you'd have the opportunity at that phase as well to introduce additional controls if they are relevant to what's in your or ordinance but pulling and um suspending a conditional use permit you have a lot more strength in that and they don't get to do it until they're back in compliance with the conditional use permit instead of looking at a deadline right it's a good vehicle for that yeah type of application yeah and if somebody let's just say somebody had a larger scale or something we can we could add into their specific condition sure whatever regulation we want to include as a result of yeah we got a lot more risk that's what gives us that flexibility well and I'm assuming that we could have our building department um our inspectors maybe educate themselves a little bit on the filtration that um some of the buildings use I mean we have a number of places like green Goods in Blaine that's right in a mall and and I know you know you can pull there and you don't smell it but the minute you walk in the door but you know they could do some research so I think um the city just preparing a little bit in in advance to what departments within the within the city are going to be looking at um making sure that they're meeting the expectations and following the rules and regulations and then you know talk amongst themselves on what what is going to be the limit and you know if we do some pre um work with the companies before they start and just let them know ahead of time we are going to require that you know when somebody's driving by your building with their window open we don't want them to smash MH you know welcome to East bethl welcome to East bethl right so and and the only way that we can really as a city I think set an expectation is if our own staff is a little knowledgeable about that so you know we can't say well you can't have an order and when they say well how do we prevent that we're like well I don't you know so and and I'm I'm I'm certain that you know the businesses have been out there enough now where there's probably even if we called um the office of cannabis management they probably have some people that our building department could use as resource to educate them on it they probably have materials and theoretically the office of cannabis management will be reviewing um you know as part of their application for the license some of these things um this is really uh they have a lot on their plate so how thoroughly is that being reviewed and then at a local level being able to pull that conditional use permit as a mechanism beyond the state getting to the step of pulling their license MH MH oh and I just wanted to add as part of this conversation as drafted the activities are prohibited from taking place Outdoors um controlling the odor of a cannabis field is impossible um so at least for now um a lot of my clients are choosing I think almost all of them to require it be indoors there's a little bit of risk with that um because the statute says that they can do outdoors under their license but given there's no way to control that and that the odor itself also has Health implications um I think it's a very reasonable um safety Health welfare requirement um to to keep these indoors um until there can be some sort of control of the odor Outdoors if restaurants can have a ul3 300 system for fire suppression outfits can have air filtration systems that do meet to whatever it is their operation hits so it's just it's a cost of doing business and that's not that's not our purview so to speak as much as it is our assistance to the public and what we what we do as a city a lot of my questioning is more out of curiosity how you contain that odor because it is yes pungent yeah I will say that um I back in 2020 um there's a conversation at the Minnesota Association of City attorneys conference for the attorneys that had the medical cannabis facilities in their cities where they were cultivating and and they went through the conditional use use permit process they had these oder requirements they wanted to expand whenever odor would come up they'd start working with the the business again to try and Challen um work through those challenges together and things are going well for them um so I think that is something that's helpful to have um and I reviewed their conditional use permits as part of drafting for all of the ordinances I've done um which I think that you know having that experience with our other cities and as a state will set us up for success when it comes to odor hopefully MH yeah they have a in in their um guide M um on page 22 it talks you know about how they have um an expedited complaint process specifically for the Cannabis and that the local governments May suspend the local retail registration of account of this business or hemp business if the business is determined to not be operating in compliance with the local ordinance authorized by section 342 D or3 and that once we suspend we need to immediately just notify the ocm and then they have an expedited complaint process um so that they can address these readily and I suppose offer a solution and get them up and running again which is what the goal would be yeah these are businesses doing business economic have a unique nature MH that we're exploring y so as far as again back to Performance standards um signage um what what is written into this proposed ordinance regarding that is it um talk about you know not having the flashing you know appealing signs that are going to draw in kids yes yes so this um I've done this for all of our clients um you have sections in your city code that already regulate signs and So based on the district and the type of use they can have a certain number of wall signs some other ones can have other types of signs also on the prop property but when we're talking about these types of businesses we're limiting them to those wall sign specific um signs even if they're promoted more if they were different use here they can only have the wall sign and they're subject to the maximum size and height requirements of those two sections that are or that range of sections that are listed there and then we also have that signs shall only contain words and shall not contain or depict contain depictions of cannabis flower cannabis product hemp Edibles hemp der consumer product or any other logo picture image or symbol intended or to denote um or suggest cannabis hemp or related paraphernalia so we've kind of triple covered it there only words no images and by images we mean everything but also explicitly these things um part of that is um we started with the only words and people were like what if they get creative with their words right so they use words in the shape of a logo and we're like can't do that either um and then also a business logo if you try to use that as an exception that's also not going to work you can't use your say it's a logo in order to do it and then additionally um no products interior storage or signage um advertisements are the like attention getting items shall be placed or displayed that may be visible for from the exterior of the Cannabis or hemp business so there we're talking about attention getting items like flashing signs or flashing lights generally um and then find um this was added at the last Council I was with um they really wanted to be clear that we're not just talking about the wall signs that you're allowed um again you're not allowed to have anything but the wall signs and by that we mean temporary signs sandwich boards Etc so it's a pretty lengthy onepass but we've seen that people really want to see the explicit you can't have these redundantly in this well I do appreciate the way it's um funneling it to something more professional You know despite it being also recreational it's not you know come party here you know it's not I mean you can do what you want at your house but you know this I I can appreciate that at the end of the day again yeah we have remember to these are businesses yeah um you know I know one of the biggest one of the biggest challenges we came across in the insurance industry because before the me I was making comment that one of the bigger challenges that we have in the insurance industry is a lot of your standard carriers have put in cannabis exclusions into the insurance policies but uh just in my own research with this throughout my industry one of the biggest things that they're talking about is there's going to be a lot of outof State people trying to come in with product and otherwise and they've these are coming from states that have already been through similar and some even tighter restrictions mhm on them so at the end of the day these are businesses and although that there is maybe a condentation of let's just say partying behind this the same could be said about liquor stores and alcohol and we've seen how well that has done in that industry whether there be neon signs or not neon signs however given the beginning of this I can understand some restriction behind it um I think when some of the initial fat starts to to fade out I think we're going to see a little more of a tuning of that and maybe a little less of what has been stereotypically depicted in the past as my personal opinion and somewhat of my professional of what I what I see forecast because again they're in business to make money not just right make a sale because it's something fun and new and yeah and I mean you know and what have you they get they really this is these are no joke businesses that a lot of money behind this again won't go into too much of a detail but I've I've seen a claim where even the types of businesses that maybe maybe do the the oil extraction Five Barrels might equal about 300 Grand just to give you a rough idea of what that can entail so it's not just the party business behind it you know that's the connotation that most of us are used to yeah it like I said they're very serious about this stuff so even like when we start talking about the scent the smell things like that and you're noding an agree and so I appreciate that I would venture to say most of them that are actually serious about this are going to take the regulations extremely serious and want to run it professionally that's my two cents on it yeah there's a lot of money going behind this and they're not going to come in just to throw a let's say whatever the keger equivalent would be right right of a bger yeah there you go a bagger yeah and and I've seen and I don't know if the city of East bethl wants to add something in um to our building department about this but um I've only been to two facilities and usually they have a Lobby so you don't go into this building and look in the window and see their stuff and they do that on purpose because that attracts people vagrants you know so they're usually pretty secure and what I've seen is there's usually like a clear window when you walk in and then a clouded window and and many of them um have two sections where you can buy the recreational and then the other one and then the other section is for the medicinal purposes and you literally have to show your ID MH and prove that you're coming in to get a prescription and then they bring you into a separate spot so um which is obviously if we're selling for recreation you're not selling at the limit that they're selling for medicinal purposes so they keep them um separate um I think those are things that the state would be okay with our building department having requirements that there's some separation maybe in the building code yeah it's actually in State Statute and and the ocm rules so you definitely um hone those as we see these um but I will say I think that for the most part that's probably preempted for these um at the state level because they do have you can only have certain products um certain samples they can't actually contain so like you can have a gummy sample but it can't contain THC um and then in order to actually the products can't be stored where you can grab them yourself to go make the purchase they have to be um behind the counter regardless of whether it's lower potency hemp or the Cannabis um and they actually have to be in a secured so it can't even just be you know doors and windows like it has to be you know a passcode or whatever it is to get to the place to get the stuff to actually bring it to the point of sale MH I think uh my biggest concern is the odor and uh are you familiar with the ordinances that were passed for order oder and Hastings Cottage Grove and still water um I don't know I did look at the Cottage Grove um conditional use permit um but I have not looked at those three um in particular yeah it was brand new there was an article in the paper here I actually brought it and uh pretty restrictive they're making them buy a tool to take a reading inside and outside they have to document it every day and is that something we should pursue uh so I know though um the attorney who worked on those um I know those particular communities I'm not sure the tool exists I think is part of the thing like there are tools where you can measure um certain things in the air but as far as the the value in that from my understanding um it's kind of it's it's not as scientifical as a decibel meter that we have um and it's it's not as reliable at um being able to accomplish what you'd like to accomplish whereas what we're trying to accomplish and again you have to as a city I don't want to you have to tailor it to what your goal is so your goal here is to provide for the health safety and Welfare and when we're talking about that the concern with that is that someone with a normal sense of smell can't smell it um we're not concerned about particles in the air um that aren't going to be harmful to someone which I would I'm not sure if those devices would be able to capture the normal sense of smell versus just having you know if I walk out there can I smell it okay then it's a problem um and I also as far as an enforcement mechanism I would say that it's not necessary if you can smell it you have someone document that and you can move forward with that I wouldn't say that that level of Technologies necessary for enforcement purposes those particular communities really don't want them in their cities um so if you're a city that really doesn't want these businesses in your city then um I think that would make sense to implement something like that and limit the number to one um but if you're a city that wants to have which I councils go back and forth on this um throughout the evening um when we're having this discussion free market or do we restrict it um so I think really what's going to come down to is you cannot adopt um restrictions like that but what I'm finding is that the city councils that I've worked with would rather have businesses um be able to function and operate and kind of allow them to do what they're doing and as long as you can't smell it with a normal sense of smell that's what we're looking for um that's going to be um something that is going to deter businesses from that community so if you want to deter them which is totally valid um that would be a mechanism for doing that I think they were just using it as a tool so they were always thinking about it they had to register and yeah they T they did talk about the the tool that's available the cost and how it was going to be on the business to purchase it and it was just something that they were going to have to turn in quarterly or something to the cities yeah I'll also say your staff is not um necessarily um uh those cities have huge staffs right um and that is a pretty big burden on staff to be actually checking those and following staff wasn't doing it no the the business was going to do oh but they have to check to make sure the reports are compliant is what I'm getting at yeah they were just going to you know the business was going to do the testing turn in the report yeah they could look oh you know yeah that every day yep yeah I think that's definitely an option but if you require that report if the city makes a requirement then we're required to document it and to file it so that it's or publicly available so if we're telling somebody that they have to meet these standards and they have to report these standards then we have to have staff person assigned to filing and making sure that if we say this is the deciple or this is this we have to have them check it off saying yep they meet this they meet this and then that's got to be filed and then that's got to be set aside so that if at any point somebody wants to call and ask I want a copy of their January 2023 air report somebody has to be able to go get it and Supply it and then you have to add that to your retention schedule and then that's got to be added to your Clerk's notice so there's a whole bunch of administrative functions that are going to be attached to every requirement that you put on that business for recordkeeping because if we require it we have to document it and we have to retain it I would say um if you're looking at let's say a particular business where they are right on the edge of that let's say thousand you picked the thousand foot border they're right on the edge of that and that particular business when they do their conditional use permit you want to add a condition about testing because there's kids right on the cusp of that I think that would make a lot more sense to tailor it to a particular business application um but again if you don't want a lot of these in your community that's a totally acceptable choice and that's something that would um could be used as a mechanism for that I think rot 65 could use a neighbor think they have in a low do oh what is it smoke Salon I think what's over there mhm yeah uh I yeah I mean as far as the smell again yeah I I'd have a similar concern um I'm usually of the belief though sometimes less is more um the less restrictive we make it with a reasonable guideline like reasonable sense of smell Etc is going to yield in our complaint driven system that we already have in my opinion a better result than saying here's the standard especially in something that's so new to try to set that goal poost and then should something change always be moving that goal poost as opposed to maybe something a little more variable like yeah a reasonable reasonable sense of smell Andor again give them the opportunity to fail at it as opposed to saying yep we're going to create your full standard all the way down the line because this is something so new and to regulate to try to put too much regulation on it I agree would become a deterrent my personal belief is I'm not here to try to deter a business from trying to come in but if they're going to do it and do it in a reasonable manner I don't see any reason why not if it's within the legalities of the state then local regulations so do you have a lot more if there's um nope this is the end of my presentation so if you want me to kind of walk through the decision making and you guys kind of want to do some nods as we go through these um then um at the end of it if you have any modifications I can draw those in um but that's kind of how I've done it for other cities is kind of open up the question what are your thoughts on having a registration ordinance and having um you know the highest fees that you're allowed to have um and having a pretty have everything that you're allowed to have in the registration ordinance I'd be in favor of one yes I I like the order you're going in I'm not the chair so I'm going to leave that gabri your direction if you like that makes it easy let's thank yep um sorry to jump in there no no no um I guess you to jump into the first topic yeah I mean definitely it's again it is a business they are there to make money uh we are a city again we hold it to our residents to make sure we're doing it in a reasonable Manner and that's going to require registration fees halftime Etc so whatever the maximum is we can yield for for that for a business because again it's their cost of doing business to pass on to their clients if they so choose um so yeah whatever the maximum is would be what I would be in favor on that piece in addition to being in favor of a registration ordinance I would definitely second that yeah no cool have one question yeah so uh we're talking about having um ordinances for those but in particular the item that we're doing tonight is just an ordinance to update and amend the zoning yes right so if we're going to make a recommendation um to or we're going to consider creating other ordinances for like the noise the smell and all these other things um wouldn't that be kind of dependent upon whether or not the council kind of wants to support it at this level now I'm just curious so I'm just wondering if we sit and talk about adding those other ordinances tonight if we're kind of jumping ahead since Council hasn't um made a decision on this well this would all be adopted in one on night yeah and I can explain a little more than that um City administrator look kind of got into this but um there is a statute that's says um once the office of cannabis management has adopted their initial rules any business that's currently selling edible cannaboid products is automatically licensed with a lower potency hemp edible retail license so boom you have anyone who's currently selling in your city has a license and at that stage it's like okay who all does have a license do we have um restaurants that have been using these um liquor stores that don't have a cannaboid permit um let's get our arms around that and then also if they start selling those they're technically changing their use by adding an accessory use or by um becoming instead of like let's say a tobacco shop is doing it and they're like we're going to stop selling tobacco because we've been selling these other products boom you have a lower potency hemp edible retailer so they really go hand inand if you're going to zone for these because having the registration ordinance really allows you to know where these businesses are given we aren't going to have that interaction with the office of cannabis management before they start start operating I'm like we will for the Cannabis businesses do we have any in town yes how many I don't know are you doing your unano licenses I don't know if you are well I mean I know there's liquor stores that'll sell the THC sell their products um there's at least two or three with that um I think yeah smoke Saloon um in addition to tobacco products and and I they've got a big humidor or humidor room and and then they've got the low potency uh vaping Edibles so if they're in compliance with your zoning that you adopt they can start selling those products once that 30-day hits and they're considered licensed and you won't know about it unless you have this registration ordinance really yeah okay so and and just to your statement in that in the the city council versus us just in in my history in my tenure has typically been when we've had things that we've had to go volley back and forth makes it more difficult to try to get something accomplished when taking the more rudimentary look of it we work at the behest of city council so if we have the opportunity to go through these things now and give our recommendation because we're not the final say in it hey based on the things we've gone through here's the things that we're going to recommend they choose to either read into that or don't or start from scratch themselves that's on that's on them okay right it's you know part of being an advisory role it's just advice what they do with it from there that's going to be on them so for me in my tenure when we've had things like this or power line transmission groups or other fun long things eny they enjoy more more yeah easier to say yep we've gone through it of what we've seen here's this based on what we know and then we'll let them take the ball from there as we hand it off okay that's been my spot on that for what that's worth you've been on this commission for a while so couple of days couple of days all right so I will move on to the next question to resolve um which is limiting the number um so again this is cannabis not hemp and it's not businesses it's places where retail will take place whether it's a cannabis retailer at a meso business who's doing retail sales at the location or a cannabis micro business that's doing retail sales at their location if you'd like to limit the number you can limit it as low as one but you can increase it higher than that I mean um you know we've already got like you said two three doing uh you know the lower potency him um I mean I wouldn't even know what number to begin with so this again we're talking and this is super normal we're talking cannabis so those businesses they would have to do complete reconstruction of their facility in order to become a cannabis retailer okay so we're really not talking about those we're not talking about liquor stores it's um possible that tobacco stores are probably going to try to get that cannabis license um but they would probably have to move um simply because a lot of facilities where um tobacco sales are taking place they're just not large enough um of capacity to incorporate the security requirements we're really just talking about the highest potency retail type of stuff these are not being sold right now no one's um even remotely near selling these products right now so more or less to say you know we've got parties that are interested in heading in this direction currently so to limit it to one is that going to be I would say too restrictive if you're asking my opinion I think we have we have a unique opportunity to put ourselves out there and I'm not trying to say we want to be the Party City Behind The Stereotype how ever in my opinion I don't know why we wouldn't want to open ourselves up to the possibility of whatever business may or may want to come in and again and if we don't like it we have the option to use it the conditional use tool that we have to limit and restrict and if they can make that choice at that time if they want to comply or don't comply and that's kind of the to use a bad term it's a similar to a planned unit development right gives us the the options to create the the guidelines within based on what their business model is so in it's fair yeah exactly yeah so in a world of have it and not need it instead of need it and not have it if you make it so restrictive we'll never have it if you give the option and we've got the tools to uh I don't want to say restrict I think that's the wrong word but to help maintain proper guidelines M why not and why make it so restrictive MH and you said there's only going to be 150 in the whole State yep but that doesn't talk about if let's say um again there's this endorsement thing that we don't know what they're talking about because they haven't really defined it um that's 150 cannabis retailers and as you can see on the slide we've got the Cannabis retailers but then we also have those meso businesses that could have a retail operation endorsement and a micro business that could have a retail operation endorsement um so there is a limit on the number of meso businesses I believe it's 50 but there is not a limit on the number of micro businesses at all at all I think the intent there was again trying to copy somewhat of The Craft brewery model or micro Brewery model of those who want to dabble for another beer term those who want those who want to dabble but again do it within guidelines I think the intent was not from my history of reading on it me know better than I would but the intent behind it again was just to allow those who want to introduce but as long as you're willing to play the game here's the rules yeah and not be restrictive I'm kind of curious um being that it is so new you know and with the ERS and and just our knowledge of the types of complaints and stuff that come to council and come to the city if it wouldn't be an advantage to maybe limit it for the first year you know say we're going to try two I mean I don't think we should go to one I think it you know to be fair you should at least try to um because the Edibles and what the liquor stores are going to be doing they're just going to be able to do it MH you know um so this would be just for the Cannabis and and we couldn't we write it up in a way that we could state that we are going to limit within the first year yeah you could draft it that way you know draft it we're going to limit it within the first year um as a testing since this is a new thing that the cities is and that allows the city to also educate themselves on the business and how it affects our city it also um I think would make our residents a little bit comfortable because we're going to have people that are this we're going to have people that are really against it um and then that will give us a time to come back to the public and say hey this is working well we haven't had any complaints there hasn't been this there hasn't been that and you know um the council can talk about well do we want to restrict it for just a year and make it kind of a probationary testing period And I think from the way I read the statute at any point in time we can just come to the commission change the ordinance and open it up M so and that would just be you know one Council cycle so um that's the only um reason I think we should limit it because at least then we're telling our residents hey we're going to look at this really deeply we think it's a great opportunity we think that we should support these businesses the state's done all this work we're confident it's going to work but we're going to ensure the safety we're going to ensure the convenience we're going to ensure the compliance before we open it up bigger and I I just feel you know as a parent I'm thinking of what are these people the people that are going to be most concerned are going to be the people that have their kids in high school and the kids are running around East bethl people drive I mean you take your bike 10 miles here in East bethl and you're not always in the view of your families so I just think if we do you know and and it's it's up to the council but that would be my recommendation is to maybe say if we do just a the first year trial MH um and if things go well um kind of as a learning curve because then we'll know what the two businesses that say we are smelling it then we'll know that if we are opening it up we can go ahead and open it up but we probably within that first year already solved M the smell with the two that we're concentrating on because if we have five or have six we have two building officials and we don't have the staff that's going to be able to go out there and check on them so I think that if we you know that might be the only advantage to having it be a trial for the first year is we can kind of contain it control it study it and really feel confident about opening it up maybe the next year I don't know how you guys feel about that but would this be like for instance to retailers to meso businesses to micro businesses or is it two of all I'm thinking the other things are okay I'm thinking the Cannabis mhm so um the limit to the Cannabis yeah so it would be a places where cannabis retail can take place um so uh you could say um that you limit it to two cannabis retailers and then um say that cannabis I would probably draft it to like cannabis meso businesses um May operate a retail operation at the same location without um being considered to have exceeded this number if you'd like to have some sort of nuance to that we could definitely draft it that way play around with the words a little more but um the recommendation that I would um note down is to permit I didn't bring my pen U or is this my pen um not limit if they're connected to the same facility with the meso and micro yeah and and I'm only saying that because I I really think that the public is going to just want that Assurance right that they're not we're not going to have something come in here and it's just going to get out of control we got a whole bunch of potheads driving around the city you know I agree I think that's a good plan um I mean how many liquor stars do we have three I don't know so well you've got on get EJ's Route 65 uh well it used to be wayes what's the one down here at the gas station up yep yep you've got gold and almost every bar has so I I guess to to your point again I I see where you're coming from with it um I guess my only well two two major comments to that one for me I don't personally because again some of the research I've done with it I wouldn't just say something you know again I don't see one of he's opening up on every corner everywhere all the time The Limited licenses you know by the state is obviously going to limit some of this to begin with uh you know again cost going behind it regulations behind it there's already going to be some deterrent there where it's not every MoDOT more or less business trying to open up on every every retail area so I'm less concerned about the number of licenses to where I'd want to restrict it I guess as you were describing it I was more thinking if there's going to be a limit maybe limit per zoning area so if it was two in each type of area because what might be off the highway versus on the highway might be completely different based on the business model number one and then number two like most businesses they're usually not going to try to Veer too far off where the high traffic areas are to begin with so again I don't see somebody opening up you know 8 Miles off the off the highway if there's not much for traffic there in the first place so unless it was again a possible U you meso business type looking for more land to try to do something on where they Less close to things see and that that's the one thing that I kind kind of disagree with because there's so few licenses that the state are giving out the people that want to purchase I don't think they're going to care about convenience they're just going to go to wherever it's located and get it so if they have to drive 10 miles into somewhere to go get it they're they're going to drive it it's not like you know it's not like a quick trip or something like that because a lot of like the one I'm at is I mean it's a pain in to get to it but you know was the only place open to open it that that so does staff have any input on this any thoughts yeah uh I think when we first were discussing it and um we were kind of talking about rolling in very conserva yeah okay the because I know staff is going to get work out of this and they're pretty taxed for how busy they are with the limited amount of people as it is I had seven seven residents call me and talk to me before I came to this meeting that were concerned parents you know and and they weren't concerned they weren't saying oh my God we don't want it there yeah they're just um and I just when I spoke to them I said absolutely nothing's going to be decided at this meeting we're talking about it there's going to be ordinances it'll be regulated and nobody's really against it um I think they're just apprehensive and I think that um whenever you make a change with something like this into a neighborhood especially a residential rural area like us which the majority of our city is unless you're on 65 um I think they're just apprehensive and then once they see it's not a problem or that the city's really containing um anything uh I think they're pretty open I mean that's been my experience with the city so um I mean I don't obviously speak for everybody here but I do think that um like the way that the ordinance is written now and then you know having a restriction to a couple and I really don't think I think if we don't restrict it we're going to overload our staff we're going to get a lot of questions from the community and we're not going to be able to respond to them quickly and then that added work is just going to take them away from the other things that they need to get done with the small amount of staff that we already have because I think everybody's interested in this and I don't necessarily think it's just residents that are going to call it's going to be everybody wants into this business so they're going to find out you know you're going to have all of the liquor stores the the gas stations you know can I can I sell oils can I get some C cdb you know lotion can I get all of this stuff in my retail store and those we have a lot of you know little shops in various areas so you know that's just my as I look at this I see a whole bunch of little businesses wanting to get involved with this and um I think we the city needs time to wrap their head around all of the things that it's going to touch and and be really careful because unfortunately when we screw it up it's it's a lot harder to fix and then come back to it then if we start slow do it right the first time and then expand I'm not in disagreement I don't think we need to completely rip the lid off this thing um you know whether it's two three or five I you know because there's varieties here um I think that you know my my worry would just be trying to help us get too restrictive and I can respect again not trying to overload uh and again in part of what I was saying with the distance again comes more from the business-minded sense of all you know depending on where they can get in of course but yeah not trying to say there's like I said going to be one on on every corner but I would I would hate to restrict the number of licenses to the point that it prohibits some from even trying because yeah I'm I'm not talking about that and I personally think that you know the decision about what that limit would be um should be you know um discussed with our with Aaron and his team they're the ones that are going to know you know they're where they're how they're going to control it and how they're going to manage it so I think we as a commission can say we think this is a great thing we should go ahead and do this but the council if they're going to put a limit on it there should be a limit but they should talk to staff talk about what they're going to have to do the extra workload and what they can contain and maybe the staff says you know maybe the um building team says we could do five we could do 10 um not to mention if this is for the first year you know and like this is like I said a good test pool of three to five 10 whatever whatever you know we think staff can handle and then if you know everything goes swimmingly up to this you know for the first year absolutely you know this isn't too restricted it's to test it you know I'm and I'm with you on not wanting to MH well like I said and where where I come from on the not trying to be too rest restrictive is I mean again even just the way this is reads in h is we're talking about retailers mesos uh yeah the endorsement folks micro and then the micro piece of it and those are that's a variety of different business types in this subcategory so like I said reducing let's just say we had three could we do three of of okay that's where I that's where I say and depending on which zone or which area you want to try to try to put that in like I said I'd hate to try to be so restrictive of well we've got our one retailer sorry no one can have a micro no one can have a meso you know I don't think it's written that way is it I mean you can have there's there's you can do whatever you want that's why I'm trying to say I would I guess I red reduce to just flat one license or if it's okay two per each category to get a better idea I agree let's not overdo it but yeah I mean as far as the meeso businesses and and my I guess my statement I should have made clear as far as the meso businesses and those that are going to be adding those I'm talking about the Cannabis retailer out here I think that's the one that we should really be careful about M um and make sure you know them and then you know the um because that those cannabist retailers and then the people that are going to be doing I can't remember what it's called they're growing it uh cultivating the cultivators those are the two I just think that we should make sure that we are careful about and walk in slowly as far as meso business and you know the endorsements of the Edibles and things in retail m i mean they can drive five miles and buy all the stuff they want so why not bring the business here well that's why I was saying again so if you're not careful with how you how you state it then it comes out as oh you only got two Li because that's how I interpreted what you saying well thanks for making me clarify my comment so so I'm specifically thinking about just the ones that I think are going to cause more concern which would be the Cannabis real or retailers and the cultivator yeah I think the people doing these businesses are going to see how many are available and we're one city in the state I mean you start dividing up people you're not going to get five of them in our town well that's why I was saying because restri I mean first off we're not at the Mall of America you know and so I think I like your idea of two or three each yeah is a good good worded way to start it maybe and of course conso and staff can have input and make the change and absolutely and that's why we're an advisory committee we're taking our time now to go through whatever said topic might be just to speak at large about what we do here and again give said recommendation I'm hoping council's going through our minutes and getting to the root of where we came to our decision especially if they're questioning it right outside absolutely right outside of that but that's yeah so that's why I said I I I appreciate being open to the discussion if not have being said but yeah I'm not opposed to limiting but I would at least like to see it at least a number per each category to again give us that opportunity to get our arms around each type of business because each type of business is different and that's why they have it listed different yeah and and that's why I said I really think that um um we can have the you know ask that the staff Aaron and his team take a look at the regulations that are in the zoning Amendment um so that they understand their workload as we're bringing on these businesses and a reason and a reasonable number per category because like I said your cultivator type might be a lesser number whereas your like I said your endorsement or your micros might be on a higher end because that's again what they might be trying to go for so so I'm hearing consensus I've joted down for whenever you get to a point of making your formal recommendation um it would be as amended tonight and so what I'm drafting for the as amended tonight is limiting um it to two to three of each type um so I would draft that language later um but as far as that recommendation it would be if you adopt it as amended tonight it would be to allow two to three of each of those three different types of businesses I like the two to three cool two yep on the three end of it because again limited number of licenses why not give them the opportunity we're we're creating our own limit there's limit in the state and the state is pretty Big Y three yeah great so our next question before you tonight is distance requirements do you want to require these businesses um cannabis businesses we're talking about right now um be a th000 feet from schools um 500 from daycare um 500 from residential treatment facilities and 500 from attractions in park Parks um do you not want to have any of those or do you want some sort of in between those distances if I could vote them longer I'd do that yeah I I some of these things like 500 ft from a residential treatment facility that seems ridiculous to me MH you know somebody's going to treatment and they walk out you know and here across the highway is you know bethl marijuana you know I I just if I could vote them higher I would yeah the only thing I would say to that just in in a Counterpoint for discussion say though is you don't always know who creates a sober house right so all of a sudden I I decide I'm a retail or I'm a a real estate investor and I decide I want to I've got some of these properties you know I don't want to rent them out anymore and I want to convert my business and now I'm going to have a silver house for Teen Challenge what what have you and now all of a sudden I've put either that there or now I'm restricting because you don't always know in some of those in that scenario just to create a discussion point on it you know I wouldn't want to put my Sober House you know within a th000 ft of a I'm not saying I'd be in agreeance of that either but you never know I understand what you're saying there it creates more restrictions elsewhere yes yeah I will say it wouldn't prevent a business from coming to an existing business so let's say a like your example let's say a residential treatment facility decides they're going to set up shop within 500t from one of these it wouldn't automatically boot the existing business and that use would be able to continue um that's something I should have clarified earlier my my bigger concern would be let's just say there's a farmhous somewhere along the highway within that 3/4 of a mile and that's what they bought and now and it butts up to an industrial or you know a B1 or B2 District that would make sense right off the highway but it's within that proximity because the when the land was sold or plotted the house went off to the side and this is here and now you can't have a piece of prime real estate or if it was bigger and it was a cultivator something like that but because it was backed up to a house on the other side of the tree line and it's 490 ft they can't operate as a result of so would just be the the mindset of what's the other side of the coin look like sure and and I have a question about type like the cultivator M for example around a school or park anywhere where there's kids that are underage I would say as you said some of them will go from the property line mhm tht and some will go um from the buildings the main buildings and I I would like to know if we can make a difference in those so if you have some other business I I I guess if it for a cultivator type I would not like to see um a marijuana field across from the football field sure um so the school um as drafted is from the property line okay um the daycare is the principal building um the main reason for that is you can get those sometimes in a strip mall um so it's a little hard to measure a lot line um the residential treatment facility um is more General um I think that's a little bit open for interpretation and there's kind of a benefit to having some open to interpretation there and then as far as within a park the way that the statute is WR it is an attraction within a public park and the big reason there is you have linear Parks right trails and then it's like you can't have anything for a long time because we have a trail that alongs all along um I wouldn't put one there but like let's say there's one all along Highway 65 boom no businesses um so it has to be an attraction within a park so for some of your bigger Parks I found where the play set is or where the ball field is um and so it's measured from the playground um or or the ball field um another option you could do um interpret this is again open for interpretation there's like a picnic area um where people are having you know a kids's birthday party you could interpret that as an attraction within a public park for kids as well well two two things one question did you say how close does this follow let's say like what the liquor laws would be so liquor is 500 ft okay from a school from a school okay so this is already more restrictive than that based on what this language is some of the areas I I have a concern with on the distances and again this is I say this is a concern about for discussion not that hard and fast in this but like I look at where Lexington and Viking come together and we've got a daycare that just opened up there in the last two years Y and that's great it's a wonderful service I'm sure they do a great job but you also have a Dollar General EJ's Speedway you've got three business businesses that have been there even in a longer period of time and if I try to look at this from a from the low end or from a almost like a tobacco type or liquor license piece of it like I said you've got an ejs right there that if they decided to could they or could they not same thing with Speedway or a Dollar General where they all have tobacco licenses as well and I'll just jump in again as a clarifying point we're talking about cannabis not H so all of those nope this happens at every meeting that's why I start with the definitions even myself sometimes I'm like totally lost um so any of those restaurants any existing places um that are sell have any sort of liquor license this wouldn't apply to the types of sales that they would be doing this would be if they completely like closed their doors and did a complete Remodel and and were able to obtain one of those couple of cannabis licenses for retail um so this is cannabis businesses cultivation testing facilities all of that not lower potency hemp okay so you have the one modification on the suggestion um what do you have next for us to consider uh this is it so if you're yeah oh well yeah so let I don't have any do you have any consensus on I don't have any other concerns with the rest of it do you guys cool um one thing to also mention here which I don't have it in the presentation um because it's a little different um you can and I have it drafted in here um from discussions with City staff about concentration of these types of businesses um drafted into your ordinance is that cannabis businesses need to be th000 ft from each other that's to spread them out you don't have to have that it looks I'm getting some nods already that we're okay with that at least you know revisit this in a year see where it is okay cool um so then the next thing um these are just the close-up images and again and that is in restrictive to the Cannabis piece of it yes cannabis only and then no distance requirements for hemp um and that's because you've got restaurants everywhere you've got liquor stores it's going to be a lot harder and that's kind of what city councils have gone with yeah um so then the next recommendations are their performance standards we already kind of talked about these um the only thing I think that we haven't talked about yet is the hours of operation um for now we have it restricted as Allowed by State Statute and then for lower potency hemp edible I copied and pasted your liquor um because a lot of these are going to be sold at liquor stores or um restaurants and it wouldn't make sense to allow liquor sales to consider like continue and vice versa um so it looks a little funky and that's because liquor hours are funky um so if there's no um is there kind of consensus on the performance standards as drafted I like the hours of operation based on what the state is allowing and yeah and in addition with a liquor piece of it to to mirror that piece and I've yeah had most of my concerns addressed already so cool all right um so now we're into zoning districts um so we don't have to go into each of these if you'd like um we can um you don't have to if you want you can prohibit this in all of your residential districts except industrial if you want um so you don't have to allow a cannabis cultivator in a rural residential area if you don't want to because they are allowed in your light industrial district so when we're looking at these and I'll just kind of they're this is all starting on page five of the ordinance if it's simpler to look at that um but if you want to change these it's totally optional um if you want to change it so it doesn't have to be a conditional use it sounded like from our discussion um presentation that we're interested in having the conditional use um so at this point if you want to have any um discussion about removing um some of these uses from any of the districts that would be an option um so if you want to allow rural residential cultivation again indoor only um that's what's proposed um for your limited business district um just retail and that's in your B1 which I honestly couldn't tell you um which one is the the B1 um I think for me just let jump in go for me I I like how they have it drafted um I don't like the idea again of of creating more restriction with it because to be honest I think I'd like rather just see what even comes before us and with again using the conditional use tool again we can make it as in an effort to not say no we can always make it as restrictive as we need to to get our our own minds comfortable with it and if that's how they choose to operate and to abide more power to them which again gives us that ability to have it not need it instead of need it and not have it and maybe there is an opportunity that again because it's not our business right it's not our business model someone wants to come forward and go yep I've got this idea for this spot and it's like oh that makes sense if you can do XYZ they say okay we're willing then then great and if they comply if not out that's their business so I don't I don't have any changes i''d like to see made here as far as the zoning is concerned no actually um I don't know about you guys uh if you went through but you know I'm taking a look at the section four all the way through um even through the Reg registration and application procedures I think this is written very well and everything in here um I have no concern I've had no concerns with as I've been reviewing this I don't know if any of you guys do I'm just trying to save you some time having to read it up because I think we this group had I we have a tendency to read it all that's great before we come right exciting so so just to kind of spare you some time um you know I any of the part any of the things that I was concerned with we've already discussed that I had on the whole um ordinance draft and um I don't I speak for you guys Y no I I'm good so if you like that then the motion would be to um recommend the ordinance as amended tonight um to the city council for approval do we have motion second second all in favor I I I opposed there we have it this will go before Council the 23rd 23rd thank you thank you you did a wonderful job save you some time very clear you've had the experience with it and gone through thanks for get thanks for fine tuning in for us last can I can I get a motion to adjourn motion to a journ second all in favor I I I'm glad you had that opportunity before he I know I know going etch my name in this thing how business what's it going