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092324 PC Minutes SignedCALL TO ORDER The meeting was called to order by Chair Holmvig-Johnson at 7:00 p.m. in the Council Chambers. M/Stursa, S/Surma, to approve the minutes of the Regular Planning Commission meeting of August 26, 2024. Motion carried: 6-0. OPEN FORUM Chair Holmvig-Johnson reviewed the options to participate in the open forum. There were no callers or speakers. ITEM #1 APPROVAL OF THE AGENDA M/Kennealy, S/Taraldsen, to approve the agenda. Motion carried: 6-0. PLANNING COMMISSION MEETING MINUTES Richfield, Minnesota Regular Planning Commission Meeting September 23, 2024 Planning Commissioners Present: Eddie Holmvig-Johnson, Brett Stursa, Benjamin Surma, Brendan Kennealy, Cole Hooey, Matt Taraldsen Commissioners Excused: Stephanie Kowalkowski Staff Present: Sam Crosby, Planner II; Ruby Villa, Planner I; Karl Huemiller, Recreation Services Director; Kate Aitchison, Communications and Engagement Manager; and Jennifer Anderson, Support Services Manager Others Present: Greg Ehrich, Premier Lighting APPROVAL OF MINUTES ITEM #2 LOCAL SALES TAX PRESENTATION Recreation Services Director Huemiller and Communications Manager Aitchison gave a brief presentation regarding the proposed local sales tax. Commissioner Stursa inquired about upcoming tours of recreation facilities. Director Huemiller provided information regarding upcoming tours and mentioned that all information can be found on the City’s website. Commissioner Hooey questioned whether approval of projects is dependent on each other and why the sales tax ballot is being requested through three different ballot questions (one for each project). Director Huemiller stated that the projects are separate, and voters will need to provide their vote for each individual project. Commissioner Stursa asked if the 0.5% sales tax “stacks” per approved project. Communications Manager Aitchison stated that there will be no “stacking” of the 0.5% sales tax; it will be a singular 0.5% regardless of how many projects are approved. The only variable that changes if multiple projects are approved is the length of time that the sales tax runs; longer if multiple projects are approved and shorter if less. Commissioner Kennealy expressed his approval for all three recreation projects. ITEM #3 A PUBLIC HEARING TO CONSIDER A REQUEST FOR TWO VARIANCES FROM THE LIGHTING CODE REQUIREMENTS AT 7001 HARRIET AVE SOUTH RICHFIELD HIGH SCHOOL PARKING LOT). Planner Crosby presented Staff Report No. 16. Chair Holmvig-Johnson opened the public hearing. Greg Ehrich, representative for Premier Lighting on behalf of the Richfield Public School District, gave a brief statement regarding the request. Chair Holmvig-Johnson asked the applicant to confirm that an increase of 0.7 footcandles above the maximum is insignificant, in terms of light pollution. The applicant confirmed and stated that the difference between 4.0 and 4.7 footcandles is not noticeable. Commissioner Kennealy asked the applicant if the effect on the neighborhood would also be minimal. The applicant confirmed that there would be no overflow of lighting into the neighborhood. M/Surma, S/Taraldsen, to close the public hearing. Motion carried: 6-0. Commissioner Surma stated that he believed approval of a variance would not be detrimental to the neighborhood. Commissioner Taraldsen stated that he was in agreement. M/Taraldsen, S/Surma, to approve a request for two variances from the lighting code requirements at 7001 Harriet Avenue South. Motion carried: 6-0. ITEM #4 A PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDMENT ESTABLISHING ZONING REGULATIONS FOR CANNABIS BUSINESSES. Planner Crosby presented Staff Report No. 17. Chair Holmvig-Johnson asked staff to explain the regulatory differences between cannabis businesses and bars or tobacco businesses. Support Services Manager Anderson stated that there are not buffer requirements for liquor stores or for tobacco establishments. Chair Holmvig-Johnson asked staff if there was policy direction from the City Council, or others, to treat cannabis businesses differently than alcohol or tobacco businesses. Planner Crosby confirmed and stated that there had been consensus at previous work sessions to use half buffers for cannabis businesses. Commissioner Surma asked staff to explain how many cannabis business licenses the City is required to provide based on population. Support Services Manager Anderson stated that the City is required to provide three retail licenses. State statute gives the Council the right to increase it in the future if they desire. Chair Holmvig-Johnson opened the public hearing. There were no callers or speakers. M/Hooey, S/Kennealy, to close the public hearing. Motion carried: 6-0. Commissioner Stursa stated that the proposal accurately reflected work session discussions and that she was in support. Commissioner Kennealy agreed with Commissioner Stursa and stated that, even with the buffers, he believes there would be sufficient commercial space available to accommodate three cannabis businesses. Commissioner Hooey stated that he is unsure why cannabis and alcohol businesses are being treated differently and that it feels as though having buffers for cannabis businesses and not alcohol businesses “demonizes” the substance. He also stated that he does not agree that there is sufficient commercial space available with the buffers. In response to Commissioner Hooey, Commissioner Taraldsen stated that his takeaway from the work sessions was that eliminating buffers would only create a few more eligible parcels. Commissioner Surma recalled the work session discussions regarding full vs half buffers. Chair Holmvig-Johnson stated his appreciation for the well written staff report. He also stated that he continues to disagree with treating cannabis businesses differently than edible and tobacco businesses. M/Stursa, S/Surma, to recommend approval of an ordinance amendment establishing zoning regulations for cannabis businesses. Motion carried: 5-0 (Holmvig-Johnson abstaining). LIAISION REPORTS Community Services Commission: Commissioner Kowalkowski was absent. City Council: Chair Holmvig-Johnson stated that, in its past few meetings, the Council approved several collective bargaining agreements with City unions, held a work session to review the community survey results, and passed a resolution recognizing Hispanic heritage month. The Council also went over the City audit process and approved the amendment of Planning and Zoning fees. Housing and Redevelopment Authority (HRA): Commissioner Stursa stated that, at their last meeting, the HRA approved the five-year public housing plan and it included highlights regarding affordable housing achievements that have been made in the last five years. Richfield School Board: Commissioner Kennealy had no report. Transportation Commission: Commissioner Surma stated that the Commission met to discuss several pedestrian safety improvements and ongoing safety improvement projects regarding safe routes to school initiatives around 70th Street near the STEM school. The Commission also heard a report from the City about Connecting Communities grant funding to help with improved pedestrian access. Chamber of Commerce: Commissioner Hooey stated that the Chamber met about a week before Penn Fest. Sustainability Commission: Commissioner Taraldsen stated the City has a new Solid Waste Specialist, Zach McCarthy. There was also discussion regarding “trash walk” which will take place the day after Halloween at parks around the City to help clean up after the occasion. ITEM #5 CITY PLANNER’S REPORT Birxmor’s request for a Conditional Use Permit and Planned Unit Development Amendment for the proposed Loma Bonita grocery store was approved by the City Council on September 10. Also, the October Planning Commission meeting is likely to be cancelled. ITEM #6 NEXT MEETING TIME AND LOCATION