Based on the context provided for the City of Hastings and the phonetic clues in the transcript, here is the formatted transcript with speaker names. **Note on Speaker Identification:** * **Melanie Peters** is the Chair of the Planning Commission and leads the meeting. * **Justin Fortney** (phonetically "Justin fory") is the City Planner providing the staff report. * **John Moes** is identified as "Commissioner Tyen/Take/T" based on phonetic proximity to the transcription errors and his role as a regular member making motions. * **Bryan Braun** (phonetically "Brown") and **Rachel Swedin** (phonetically "Sweden") are members of the city's commissions identified by their phonetic similarities to the provided names. *** [0:28] **[Unknown Speaker]**: you e [1:02] **Melanie Peters**: All right, good evening everyone. This is the City of Hastings Planning Commission for Monday, September 9th. I'll call the meeting to order. And first thing we'll do is approve the minutes. We have two sets of minutes to approve. First one is from the August 12th regular meeting. Those that were there, any questions, comments? No? Okay, we'll consider those to be approved. And the second set was September 3rd's Workshop meeting. Um, I think it was just me and Commissioner Peters—is that... were there... did you see anything on there that... no? Otherwise, okay. Oh, and you were there, okay, that's right. I'm sorry, the three of us were there. Oh, I'm sorry Chris, that's right. All right. Motion to... right, right, that's right. You did good to me too. All right, it look good to you too. All right, we'll consider those to be approved. [1:48] **Melanie Peters**: Next one is the public hearing for special use permit 2024-36, Cannabis Smokies Tobacco, 300 Vermillion Street, with a staff report by Justin Fortney. [1:48] **Justin Fortney**: Justin, thank you. This is allowed for the ordinance adoption that we did in November of last year that allows for the regulation of products containing more than 3% THC and the amount per serving and packaging allowed by state law. This began regulating cannabis businesses by special use permit in the C3 and C4 districts. The city also adopted licensing requirements under city code chapter 117 that are similar to those adopted in the zoning code. This is a relatively new business with a current tobacco license and was formerly a cell phone supply store. Recently, a plainclothes investigator of age purchased a cannabis product from the business. This occurred before they were aware of the special use permit requirements, but had previously been advised by staff that the cannabis products would require a separate license application. A special use permit is intended to regulate businesses that are presumed to be appropriate for a zoning district but would require special conditions in review for each specific location to ensure that it fits in the area. For cannabis sales, the zoning code contains the long list of requirements that are included in your staff report along with the city license and inspections. The specific site considerations in the special use permit code section appear to be met and those are also based on working as the past retail site over the years. Notification of the request was mailed to property owners within a 350-foot radius of the site and staff did not receive any comments at this time. The police chief performed an inspection and approved the security plan for this store. With that, staff can answer any questions you may have or you can open it up for the public hearing. [4:07] **Melanie Peters**: Okay, thanks Justin. Yep, we'll go ahead and open the public hearing. Anyone here wish to speak? Nope. Anyone on Zoom? Nope. All right, we will go ahead and close the public hearing and open it up for Commissioners' comments, questions, and if not, we just go to a motion because it's pretty standard, just like the other few that we've done. Comments? Commissioner Moes? [4:54] **John Moes**: Thank you, Mr. Chair. So we told them that they couldn't do it and they still did it, and now they're here asking for the allow to do it. Is that correct? [4:54] **Justin Fortney**: Yeah, I believe when they got their license for tobacco sales, they were told that if they started selling cannabis products they had to get a separate license for that. They weren't aware of the special use permit requirements. We had sent them a letter—we and other businesses that sold tobacco and such—that a special use permit would be required if they wanted to do that. That was sent about that same time, but they wouldn't have received it by then. [5:40] **John Moes**: Okay. Do you... this is I think the third one that's come before us that's sold it before. Have we contacted all the... I don't know if there's any smoke shops left in town? Have we let everybody know like...? [5:40] **Justin Fortney**: Well, I think because of the other two, that's why we had sent it out to all the ones that we knew about. [5:40] **John Moes**: Okay. [5:40] **Justin Fortney**: I've been getting calls still from perspective business owners looking to open up a tobacco store, so it might not be the last. Yeah, we might not have notified all of them, but we've notified all the ones that are current in town. [6:27] **John Moes**: Okay, thank you. Thank you, Mr. Chair. [6:27] **Melanie Peters**: Thanks, Commissioner Moes. And yeah, that was something that I was aware of too; this would be our third one. But I also did see both Council meetings that followed our recommendation and they did a good job of handling that part of it in that forum for the city. So I think I'm comfortable with deferring to them to address that a little bit more in depth. They did a pretty good job with the first two. But yeah, I did notice this is our third one. [7:13] **John Moes**: Mr. Chair, sorry. My guess, my intent was more of... we got to let everybody know, make sure that they know about it so we don't have more of mistakes happening with "Oh, I'm sorry." I'll go right ahead. With that, I'll make a motion that we recommend approval of the special use permit 2024-36, Cannabis Smokies Tobacco at 300 Vermillion Street. [7:13] **Melanie Peters**: All right, motion to approve, Commissioner Moes. Second? [7:47] **Bryan Braun**: Second. [7:47] **Melanie Peters**: All right, Commissioner Braun, second. Any further discussion? If not, all in favor say "aye." **Commissioners**: Aye. [7:47] **Melanie Peters**: Opposed? All right, that motion carries. Other business? [7:47] **Justin Fortney**: Yeah, other business would be: the City Council reviewed the three previous cannabis special use permits and approved those. We might have an upcoming Planning Commission meeting on September 23rd for a possible site plan review. And just a comment that, of course, you're probably aware of the Joint Planning Commission/City Council workshop on October 7th to discuss the Highway 55 small area plan and cannabis ordinance changes. And that's all I have. [8:33] **Melanie Peters**: All you got? Yeah, I strongly encourage, if you haven't read the report that was sent out, to read that before the joint meeting if you weren't able to attend the workshop last week. [8:33] **[Unknown Commissioner]**: Was there a report? [8:33] **Melanie Peters**: There was a report, okay. The report... yep. Yeah, so I would... if you're going to be at the Joint Workshop, I highly recommend reading the report because the workshop is going to be—Justin, would you agree?—is going to be based on that report and then some. So we want to have a background of what they're talking about. So, any other business? [9:20] **Justin Fortney**: Yeah, if it's not too late, I just wanted to state that the special use permit 2024-36 for this cannabis at Smokies Tobacco will be forwarded to the City Council meeting on Monday, September 16th, for a final action. [9:20] **Melanie Peters**: Great, thanks. Commissioners, any other business? If not, I will entertain a motion to adjourn. [9:20] **Rachel Swedin**: Motion to adjourn. [9:20] **Melanie Peters**: Commissioner Swedin, sorry. Okay. Second? [9:20] **Melanie Peters**: Commissioner Peters. All in favor say "aye." **Commissioners**: Aye. [9:20] **Melanie Peters**: Opposed? We are adjourned.