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City of Gem Lake City Council Meeting Minutes July 18, 2023 1 | Page
<br />City of Gem Lake
<br />City Council Meeting – July 18, 2023
<br />Meeting Minutes
<br />
<br />Mayor Gretchen Artig-Swomley called the meeting to order at 7:00 p.m. Councilmembers Jim Lindner, Len
<br />Cacioppo, Laurel Amlee and Ben Johnson were present. Also present: City Attorney Kevin Beck, Acting City Clerk
<br />Melissa Lawrence, Planning Commission Chair Joshua Patrick, Planning Commission Member Don Cummings,
<br />Gem Lake business owners Chris Bettis and Chris Zimmerman, Gem Lake residents Jim Wilson, Betsy Difabio,
<br />Sherrie O’Malley, Richard and Roberta Pientka, Patrick and Melissa Rottach and White Bear Township resident
<br />Gary Zerwas.
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<br />July 18, 2023 Agenda
<br />A motion was introduced by Councilmember Linder to accept the agenda, seconded by Councilmember Cacioppo.
<br />Voice vote taken, all voted yes, motion passes, agenda accepted.
<br />
<br />Minutes
<br />A motion was introduced by Councilmember Lindner, seconded by Councilmember Cacioppo to approve the June
<br />20, 2023, City Council Meeting Minutes. Voice vote taken, all voted yes, motion passes, agenda accepted.
<br />
<br />A motion was introduced by Councilmember Lindner, seconded by Councilmember Cacioppo to accept the July 11,
<br />2023, Planning Commission Meeting Minutes. Voice vote taken, all voted yes, motion passes, agenda accepted.
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<br />Public Hearing
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<br /> THC Interim Ordinance No. 139 Moratorium
<br />City Attorney Kevin Beck shared with the Council and those in attendance that according to Minnesota
<br />Session Laws – 2023, Regular Session, Section 13 [342.13] Local Control, a local unit of government may
<br />not prohibit the possession, transportation, or use of cannabis flower, cannabis products, lower-potency
<br />hemp edibles, or hemp-derived consumer products. The Office of Cannabis Management is still being
<br />developed as it is a new State Agency being created from the ground up. Mayor Artig-Swomley informed
<br />those in attendance that the Council would begin the public hearing, and that those in attendance would
<br />have the chance to ask questions.
<br />
<br />Councilmember Lindner introduced a motion to open the public hearing on the THC Interim Ordinance No.
<br />39 Moratorium at 7:06 p.m., seconded by Councilmember Cacioppo. Voice vote taken, all in favor, motion
<br />carried.
<br />
<br />Gem Lake Business owner Chris Bettis, of the Smoke Den, asked the Council if CBD is allowed to be sold
<br />as the local Hyvee is selling it or if it is included in the prohibited items. City Attorney Kevin Beck
<br />responded informing Chris that CBD is included in the list of prohibited items and the Hyvee is
<br />grandfathered in as they were given permission to sell the product before it became prohibited. The state
<br />specifically includes that type of product.
<br />
<br />Gem Lake resident Pat Rottach asked about outdoor growth. City Attorney Kevin Beck shared that at this
<br />time outdoor growth is prohibited. He also stated that Section 9, Subdivision 2, home cultivation of
<br />cannabis for personal use states that up to eight (8) cannabis plants, with no more than four being mature,
<br />flowering plants may be grown at a single residence, including the curtilage or yard, without a license to
<br />cultivate cannabis issued provided that cultivation takes place at the primary residence of an individual 21
<br />years of age or older and in an enclosed, locked space that is not open to public view.
<br />
<br />Gem Lake Business owner Chris Bettis asked about the sale of plant seed and if that is possible. City
<br />Attorney Kevin Beck responded informing Chris that the sale of plant seed is also prohibited.
<br />
<br />Councilmember Lindner introduced a motion to close the public hearing on the THC Interim Ordinance
<br />No. 39 Moratorium at 7:22 p.m., seconded by Councilmember Cacioppo. Voice vote taken, all in favor,
<br />motion carried.
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