Based on the names and roles provided in the context, as well as the dialogue within the transcript, this is a **Hastings Planning Commission** meeting. The speakers identified are **John Hinzman** (Community Development Director), **Lindsay** (Community Development Intern), and various Commissioners including **Melanie Peters**, **Missy McGrath**, and **Rachel Swedin**. Please note that some Commissioners mentioned (Tyen and Halberg) were not on your provided list but are identified by name in the dialogue. [0:00] **Chair**: And first up is the approval of minutes from the July 8th regular meeting. Any changes, additions? No? All right, we'll consider those minutes to be approved. Um, we have three public hearings tonight. Uh, first public hearing is for Norma Pacho, Special Use Permit 2024-25, South Frontage Road. And staff report by Lindsay. Lindsay, okay, come on up. [0:35] **Lindsay (Community Development Intern)**: Okay, hi, I'm Lindsay, the Community Development Intern for those who don't know me. Um, I'll be going over the three requests for the Special Use Permit for cannabis retail sales. So the first application is from Norma Pacho for Ace Liquors located at 1355 South Frontage Road. The Planning Commission was asked to hold a public hearing tonight, then review the application and provide a recommendation to Council. For some background information, cannabis business regulations were adopted in late 2023 and within the zoning code it shows that with a Special Use Permit in District zone C3 and C4 it can be approved, but they also must obtain a business license which is required through city code chapter 117. Each [1:22] applicant goes through a background and criminal investigation check as well, and the location must get a security plan approved and checked off by the Police Chief, which they have done so. Um, some other important performance standards to note about cannabis products include: you must be 21 years old or older to buy it and you have to have proof, and they're subject to compliance checks periodically. We also have a notification process that requires all property owners within 350 ft to be notified, which we have done, and so far we have not obtained any comments on this application. This property is located in the Westview Mall and is surrounded by properties zoned as commercial in the north and east and properties zoned as residential in the south and west. As for [2:09] the existing condition of the property, it is a small business that has been running for several years now. They do have a tobacco license and the staff is unaware of any compliance issues at this time. Um, this property itself is zoned C4 so it is consistent with being able to have a cannabis retail license with a Special Use Permit. The staff is recommending approval of the Special Use Permit for Ace Liquors as presented in the staff report. [2:47] **Chair**: All right, thanks Lindsay. Commissioners, any questions? No? We'll open the public hearing. We'll go ahead and open the uh, public hearing for this item. Public hearing is now open. Is there anyone here who wishes to speak? This is for Ace Liquor, right? [2:56] For Ace Liquor, yep. Okay, yep. Anyone on Zoom? Anyone present wish to speak? No? Okay, we'll go ahead and close the public hearing. Reopen it for Commissioners' comments, motions. [3:14] **Commissioner Tyen**: Mr. Chair, I'll make a motion that we recommend approval of the Special Use Permit 2024-32, cannabis sales at Ace Liquors, 1355 South Frontage Road, subject to the two recommendations in our packet. [3:31] **Chair**: All right, motion by Commissioner Tyen. Second? [3:32] **Commissioner Halberg**: I'll second. [3:34] **Chair**: Commissioner Halberg second. Any new discussion? If no discussion, all in favor say "I." [3:42] **Commissioners**: I. I. [3:43] **Chair**: Opposed? That motion carries. The final approval for this will move forward to the Council meeting on August 19th. Thank you. All right, thanks. Um, number four: Public hearing for Westview Smoke Special Use Permit 2024-30, cannabis sales, 1355 South Frontage Road. Lindsay? [4:05] **Lindsay (Community Development Intern)**: Okay, for this, the request for a Special Use Permit for cannabis retail sales is from Westview Smokes located at 1355 South Frontage Road. The property is zoned as C4 and is located in the Westview Mall as well. It is surrounded by properties zoned as commercial in the north and east and property zoned as residential in the south and west. As for the existing conditions of the property, it is a small [4:29] business that has been running for several years now and they recently obtained a misdemeanor for violating Hastings City Ordinance 117.03 by selling THC products without a license. Um, all regulations and performance standards stay the same as I previously stated, and the staff are recommending approval of the Special Use Permit for Westview Smokes as presented in the report. [5:02] **Chair**: Okay, thanks Lindsay. Commissioners say—oh, let's do the public hearing first. This is a public hearing. Go ahead and open the public hearing. All right, anyone here wish to speak? No? No Zoom? No? Okay, close the public hearing and open it to Commissioners for questions, comments. [5:15] **Commissioner Missy McGrath**: Um, in regards to the um, misdemeanor violation, was there a court date set and has that hearing happened, do we know? And if so, what were the repercussions? Is there anything that might prohibit this or delay this? [5:44] **John Hinzman (Community Development Director)**: Yeah, as far as the misdemeanor violation, it was it was cited because they were selling without a license. What we wanted them to do was to go through the process of obtaining a license to do things legally and so I—I think there's a hearing at City Council that occurred that uh, allowed them to move forward provided they got licensed. [5:59] **Chair**: All right, Commissioners, any other questions, comments? Nope? If not, I'll accept a motion. Anyone's ready to make a motion or further discussion? [6:16] **Commissioner Melanie Peters**: All right, um, I'll make a motion to approve the um, Special Use Permit for—I lost the name of—thank you, for Westview Smokes, um, with the following recommendations that are in the plan. [6:34] **Chair**: All right, Commissioner Peters. Do I have a second? [6:37] **Commissioner Rachel Swedin**: Second. [6:39] **Chair**: All right, Commissioner Swedin, second. Any new discussion? All right, if none, all in favor say "I." [6:47] **Commissioners**: I. I. [6:48] **Chair**: Opposed? [6:49] **Commissioner Halberg**: I. [6:50] **Chair**: All right, one opposed. All right, motion carries. Uh, same meeting for that one, John? [6:51] **John Hinzman (Community Development Director)**: Yes. [6:52] **Chair**: Okay, and uh, Lindsay, welcome back. All right, number five hearing: Hastings Tobacco 1 Special Use Permit 2024-31, cannabis sales, 1769 Market Boulevard. [6:55] **Lindsay (Community Development Intern)**: Yeah, so finally the last request for a Special Use Permit is for Hastings Tobacco located at 1769 Market Boulevard. The property is Zone C4 and is in the Hastings Marketplace which is surrounded by other commercially zoned properties. As for the existing conditions, they they are a small business and have been running for a few years and they recently received a misdemeanor as well on June 18th, 2024, for violating Hastings City Ordinance 117.03 by selling THC products without a license. Other than that, everything remains the same as previously stated and staff is recommending approval. [7:53] **Chair**: All right, thanks Lindsay. We'll go ahead and open the public hearing. Anyone wish to speak? Nope? No one on Zoom? Okay, we'll close the public hearing, open it up to Commissioners. [8:03] **Commissioner Halberg**: So I—I guess my issue, much like the previous one, is they've been hit with the misdemeanor for selling products without a license, but we're allowing them to apply for a license. I—I—I question whether or not this is a good practice that we're going to say, "Go ahead and come in front of the City Council and just get your license and you'll be good to go." I—I have a real problem with these two businesses getting a license after illegally selling these products. [8:44] **John Hinzman (Community Development Director)**: Understood, Commissioner. I think the standpoint that we're taking as staff is, if it was a situation in which you're selling to say underage individuals or in violation of the current provisions, I think we'd feel similarly. If it's a situation where you're selling without a license, we want you to come within compliance of the laws that we have, so we're giving a little more latitude on that one. However, it's still bound by the requirements that we'd have with licensure—that if they have violations, if they sell to underage, or they have anything else that is not consistent with the code, then there's penalties and uh, the opportunity to pull that permit if those continue. [9:30] **Chair**: Okay, thanks John. Commissioners, any other questions? Oh, I can't see your light there. [9:36] **Commissioner Missy McGrath**: It's not working, actually, it's kind of delayed. Um, I would just add to that that I think um, I understand the most important thing is that they become in compliance, right? That's what we want. Um, but it does sort of invite a "go ahead and do this until or if you get caught" scenario. So I just think we just need to be careful and and mindful of that. I do agree. [10:11] **Commissioner Tyen**: So I guess my question: Do they not understand that we—there's code around this? Or like, why are they doing it? And when we caught them, did they quit selling? That might be something that would be best addressed by the owner of the applicant. Is there—are you sir, are you the owner of um, of Hastings Tobacco? [10:35] **John Hinzman (Community Development Director)**: [Addressing applicant] Tomorrow? All right, you just—Tony, you just want us to hang out with here, huh? This is fascinating. I—okay, fair enough. Uh, back to since we do not have someone here to directly address those questions, I don't know the answer to that one. Uh, I'm not sure if it was knowledge or if it was what—what exactly it was that pertained to that. I—I don't have the answer to that. [11:01] **Commissioner Tyen**: Okay. I mean, my assumption was, going back to the last one, is that they just didn't know that we had this rule and hopefully I'm not being naive, but uh, that was my assumption. And yeah, we caught them and they're like, "Oh sorry, we need to get compliant." But I do agree with the sentiments of: we can't let people break the rules and then pat them on the back and usher them through the system. So, thank you Mr. Chair. [11:28] **Chair**: You're welcome. Yeah, and I'm assuming—oh, sorry—and I'm assuming since they—I mean, they've already gone in front of the the City, right, to have this adjudicated? Correct? And the City has determined that they're in compliance and—well, not in compliance, but through the misdemeanor violations, right? And it's been adjudicated and they're satisfied that moving forward they'll be compliant? [11:47] **John Hinzman (Community Development Director)**: Correct. That was one of the the directions from that, was to move forward and become legally licensed. Provide the opportunity for you to operate in such a fashion that it's consistent with their code, and if it's not, then penalties and possible revocation could occur. [12:06] **Chair**: Okay, thanks John. Commissioner Peters? [12:08] **Commissioner Melanie Peters**: I guess I was just going to add, I mean, I—I agree um, that every business that wants to sell cannabis products needs to be licensed and it shouldn't have happened that they're selling THC without that. However, um, if our role is to see if like, this plan, they're compliant with this plan—there's nothing—there's that piece, but there's nothing—they are compliant in every other way. So then I feel confident sending this to the City Council, especially since they've already been there to discuss um, you know what happened and how to correct it. And if this is the corrected corrective path and they've met all the requirements, I think it's fine. [12:44] **Chair**: Okay. Commissioners, any other questions, comments, motions? [12:51] **Commissioner Rachel Swedin**: I motion to approve the cannabis sales Special Use Permit for Hastings Tobacco 1 Inc. with the two recommendations. [13:06] **Chair**: All right, Commissioner Swedin. And Commissioner Peters, do we have a second? [13:10] **Commissioner Melanie Peters**: I'll second. [13:12] **Chair**: Second by Commissioner Peters. Any new discussion? If none, all in favor say "I." [13:19] **Commissioners**: I. I. [13:20] **Chair**: Opposed? [13:21] **Commissioner Halberg**: I. [13:22] **Chair**: Motion carries. Thank you Commissioners. [13:25] **John Hinzman (Community Development Director)**: I'll pass that recommendation on to Council who will be looking at final approval of this on August 19th. Thank you. [13:34] **Chair**: All right, thank you. Thanks Lindsay. Other actions? Other business? [13:36] **John Hinzman (Community Development Director)**: Other business. Well, it's been a couple weeks since we had a Planning Commission meeting. The last meeting we had we looked at the site plan for R Grand Trucking; that went forward and gained approval from City Council and uh, we're looking at the building plans coming in from that very shortly and to finalize sale of the property that involves a piece within our industrial park. So that's going well, which is good. We're going to have a kickoff meeting tomorrow with our consultants for the zoning code, Coda Metrics. They have developed a [14:07] overview of changes within the code itself—nothing specific to provisions, but more how they would attack the code itself and things and observations that they have. I believe that we're going to be meeting with Coda Metrics with this body at one of our September meetings to go over that, and so that'll be the first opportunity beyond the the small meetings that you all had with them to provide input on the structure of the code. Looking after that, I think in November we're planning a a public gathering to look at things more specific to the code, so the public process will start at that time. So like where we're going with this so far, I'm looking forward to seeing more in specifics on that and we'll be bringing more to you here in the near future. Other than that, uh, we've got our next Planning Commission meeting scheduled for the 26th. At this point we do not have any public hearing scheduled for that meeting. I don't know if we'll be holding that or not. I did hear from a couple of Commissioners before the meeting tonight that they'll be absent, so I'll bear that in mind when uh, we look at that meeting, but that could be a candidate for cancellation at this point. And that's all I had. [15:13] **Chair**: Right, thanks John. Commissioners, any other business? [15:15] **Commissioner Halberg**: I'll be gone on the 26th as well. [15:19] **Chair**: Okay, that's three. Okay, that's three. All right. All right, Commissioners, is there anything else? All right, if nothing we'll go ahead and uh, motion to adjourn. [15:32] **Commissioner Tyen**: So moved. [15:34] **Chair**: Commissioner Tyen. Second? [15:40] **Commissioner Missy McGrath**: Second. [15:41] **Chair**: All right, Commissioner McGrath. All in favor say "I." [15:43] **Commissioners**: I. I. [15:44] **Chair**: Opposed? We are adjourned. Thank you guys.