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HomeMy WebLinkAbout2 - MinutesHastings Planning Commission August 12, 2024 - Regular Meeting Agenda Hastings City Hall - Council Chambers 7:00 p.m. The Planning Commission of the City of Hastings, Minnesota met in a regular meeting on Monday, August 12, 2024 at 7:00 p.m. in the Hastings City Council Chambers. 1. Call Meeting to Order Planning Commissioners Present: Messina, Halberg, Teiken, Swedin, LeBrun, Peters, McGrath Planning Commissioners Absent: None Staff Present: Community Development Director John Hinzman Community Development Intern Lindsey Duggan 2. Approval of Minutes – July 8, 2024 - Regular Meeting Chair Messina asked if there were any additions or corrections to the minutes. Minutes were approved as presented. PUBLIC HEARINGS 3. Norma Pacheco – Special Use Permit 2024-32 – Cannabis Sales – Ace Liquor – 1355 South Frontage Rd Duggan provided a summary of the request for a Special Use Permit to allow Cannabis Retail Sales at Ace Liquor located at 1355 South Frontage Rd. Within Hastings zoning code it shows that with a Special Use Permit, in districts zoned C-3 and C-4, it can be approved, but they also must obtain a business license, which is required through City Code Chapter 117. In addition to this each applicant must go through a background check and security investigation as well as the location must get a security plan approved and signed by the Police Chief, which Ace Liquors has done. Duggan continues by explaining the performance standards and important prohibited acts when cannabis is involved. This site is located at the Westview Mall and is zoned C-4. Chair Messina opened the public hearing at: 7:03 p.m. Chair Messina closed the public hearing at: 7:03 p.m. Commissioner Teiken motions to approve the application, seconded by commissioner Halberg. Ayes: Commissioners Messina, Peters, McGrath, Swedin, Tieken, and LeBrun Nays: None Abstain: None Absent: None 4. Westview Smokes – Special Use Permit 2024-30 – Cannabis Sales – 1355 South Frontage Rd. Duggan explains the request for a special use permit to allow Cannabis Retail Sales at Westview Smokes located at 1355 South Frontage Rd. This location is in the Westview Mall and is zoned C-4. Duggan states that this business has recently obtained a misdemeanor for selling THC products without a license. All regulations and performance standards are exact to the fist request. Chair Messina opened the public hearing at: 7:05 p.m. Chair Messina closed the public hearing at: 7:05 p.m. Commissioner McGrath questions if there is a court date set for the recent misdemeanor as well as if there are repercussions or anything that could prohibit or delay this request. Hinzman explains that Westview Smokes was cited because of selling without a license and we wanted them to go through the process to sell legally. Commissioner Peters motions to approve the application, seconded by commissioner Swedin. Ayes: Commissioners Messina, Peters, McGrath, Swedin, LeBrun and Teiken Nays: Commissioner Halberg Abstain: None Absent: None 5. Hastings Tobacco 1 – Special Use Permit 2024-31 – Cannabis Sales – 1769 Market Blvd Duggan explains the request for a special use permit to allow Cannabis Retail Sales at Hastings Tobacco 1 located at 1769 Market Blvd. This location is in Hastings Marketplace and is zoned C-4. Duggan states that this business has recently obtained a misdemeanor for selling THC products without a license. All regulations and performance standards are exact to the fist request. Chair Messina opened the public hearing at: 7:08 p.m. Chair Messina closed the public hearing at: 7:08 p.m. Commissioner Tieken explains that he has an issue with allowing these places to apply for a cannabis license even though they have just received a misdemeanor. Hinzman clarifies that the staff's recommendation to pass the license is based on the absence of specific violations, such as selling to underage individuals or breaching current regulations. The focus is on ensuring compliance with existing laws. If the business were to commit violations in the future, there would be penalties, and this could lead to the revocation of their permit. Essentially, the goal is to promote adherence to legal standards while maintaining the ability to enforce penalties and revoke licenses if necessary. Commissioner McGrath raises an important point about the implications of issuing licenses to businesses with a history of violations. The concern is that granting licenses under these circumstances might set a precedent that encourages other businesses to act recklessly, with the expectation that they can simply pay fines or face minimal consequences if caught. This could undermine regulatory efforts and potentially erode trust in the system. It’s crucial to balance enforcement with incentives for compliance, ensuring that businesses understand the importance of adhering to regulations and the potential consequences of violations. Chair Messina agrees. Commissioner Teiken agrees and questions why they sold without a permit and when we caught them, did they stop selling THC products. Hinzman states that the owner would best address this question. Messina asks if they went in front of the city for the misdemeanor already and they are satisfied with moving forward. Hinzman clarifies. Commissioner Peters states that she agrees that they should be licensed and should never have sold without a license however they are compliant is ever other way so she is confident sending it forward to the city council. Commissioner Swedin motions to approve this application, seconded by commissioner Peters Ayes: Commissioners Messina, Peters, McGrath, Swedin, LeBrun and Teiken Nays: Commissioner Halberg Abstain: None Absent: None OTHER ACTIONS 6. Other Business Hinzman reviews what was talked about last meeting and provides upcoming information about Rio Gran Trucking. A kickoff meeting is set for Tuesday August 13, 2024 with the consultants for the zoning code. Hinzman explains that this is just an overview. In September it will be brought to Planning Commission and in November the public will get to look at it. 7. Adjourn Commissioner Teiken motioned to adjourn the meeting at 7:16 PM. Seconded by Commissioner McGrath. Vote: Ayes 7; Nays: 0. Motion approved as presented. Next Meeting – Monday, August 26, 2024 Respectively submitted: Lindsey Duggan Community Development Intern