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City of Gem Lake City Council Meeting Minutes January 21, 2025 3 detached accessory structures (three-car garage and a shed). The detached garage has its own driveway. The development surrounding the subject property consists of single-family residences. City Planner Evan Monson’s memo explained to the Council that they have three (3) options they can take regarding the application, 1) approve of the request, with or without conditions, a draft resolution with the Planning Commission’s findings and conditions was included in the meeting materials, 2) deny the request, with findings for denial, and 3) table the request for further review/study. The Planning Commission recommended approval of the requested Special Home Occupation for 3907 Tessier Road, with the following conditions: 1) the applicant’s Home Occupation shall adhere to the requirements of Ordinance No. 134, 2) the applicant’s Home Occupation shall adhere to other applicable local, State, and Federal requirements, and 3) the applicant shall pay all fees and escrows associated with this request. Council discussed the request and reviewed the recommended conditions and agreed with the Planning Commission’s recommendation of approving the request. Resolution #2025-003 – Approval of Special Home Occupation License Councilmember Lindner introduced a motion to approve the special home occupation request based on the conditions suggested, seconded by Councilmember Cacioppo. Motion carried 5-0. Office of Cannabis Management The Office of Cannabis Management released draft regulation on January 13, 2025, and it is in the process of a 30-day comment period. Along with this, the state created a sample ordinance for cities to adopt. Cities have limited powers to regulate cannabis sales within their boundaries. These powers include where the business can operate, hours of operations, whether the city requires the cannabis business to register, etc. Also, cities can and should conduct annual stings of the business to check for age compliance. A license is issued from the state of Minnesota. Ordinance on Cannabis & CBD Sales & Distribution The sample ordinance was presented to the council with some questions from the City Planner for discussion on the sample ordinance. The council discussed what could be regulated by the city and decided that hours of operation allowed would be 10:00 a.m. – 9:00 p.m., each day of the week. One license will be allowed in the city of Gem Lake. An initial fee of $500.00 will be charged for registration with the city. Councilmember Lindner introduced a motion to approve the sample ordinance with the city’s agreed upon changes to what can be regulated, seconded by Councilmember Cacioppo. Motion carried 5-0. Tobacco and Edible Cannabinoid Products License The Smoke Den is in the process of selling their business to an interested party. Licenses are not transferable so the company taking over has applied for their licenses with the city. The licenses being approved will not take effect until the Smoke Den vacates. Resolution #2025-004 Puff N Stuff Dispensary Tobacco License 2025 Councilmember Lindner introduced a motion to approve the tobacco license, seconded by Councilmember Cacioppo. Motion carried 5-0. Resolution #2025-005 Puff N Stuff Dispensary Edible Cannabinoid Products License 2025 Councilmember Lindner introduced a motion to approve the edible cannabinoid license registration contingent on the other company vacating, seconded by Councilmember Cacioppo. Motion carried 5-0. MPCA Recent Well Testing During the MPCA’s recent set of well testing’s, the chemical Per- and Polyfluoroalkyl Substances (PFAS) was also tested for on top of the 1,4 dioxane. The MPCA had no reason to believe there would be any PFAS contamination, but test results showed otherwise. The city was not told about the recent tests that took place, and it was brought to the City Clerks attention by some residents that received a letter from the MPCA regarding their test results. Acting City Clerk Melissa Lawrence reached out to the MPCA to ask about the current testing and to invite them to a meeting at Heritage Hall to go over their findings.