Rochester council to continue cannabis ordinance review Monday

ROCHESTER — Discussion of delaying the start of new cannabis retail businesses in Rochester will resume Monday.

The Rochester City Council is slated to resume the public hearing on a proposed ordinance to prohibit operation of new cannabis businesses in the city before Jan. 1, 2025.

The proposed date aligns with current state goals for ramping up state licensing of retail outlets and is proposed to provide the city time to consider any local policy needs while reviewing state regulations that have been emerging since the Minnesota Legislature approved the recreational use of cannabis among adults.

Rochester City Clerk Kelly Geistler said the complexity of anticipated state guidelines, as well as the desire to make sure city zoning provides appropriate limits related to where a business can operate, make the defined start date important.

“The passage of this temporary restriction provided explicitly by the new state law is intended to reserve the time and space needed to engage in thoughtful and collaborative dialogue with all of the relevant stakeholders and then bring forward an ordinance codifying any zoning considerations as well as the aforementioned required processes,” she wrote in a report to the council.

The council opened the public hearing on the issue during its July 10 meeting, but the comment period occurred after more than three hours of other discussion. As a result, the council opted to hold off on its own discussion to give residents a second chance to weigh in.

The continued public hearing is the first of five hearings scheduled for Monday’s meeting.

During the July 10 meeting, state Rep. Andy Smith was the only person speaking against the ordinance, stating the delay could have a negative impact on small businesses, compared to larger companies that already have operations ready to start.

In her report to the council, Geistler states that the city has no authority related to issuing licenses for a cannabis retailer. The recent legislation puts licensure in the state’s hands, with cities having some influence over the time, place and manner of cannabis sales within city boundaries as an issue of public safety.

“As the city and the council considers more developed aspects of this new law over the next year, keeping both opportunity and safety in the front of the mind will be a critical and challenging task,” she wrote.

In addition to Smith, three Rochester residents commented on the proposed ordinance during the July 10 meeting, each opposing the state law and potential local sales.

“We have several states that have had things going on for years, and many of them are regretful in opening these,” Rae Parker said, citing a variety of health and safety concerns.

Minnesota is the 23rd state to legalize recreational cannabis use for adults.

Elena Niehoff said she believes allowing local cannabis sales is likely to have detrimental effects on children and pregnant women in the area.

“I ask you to secure the future for our children and vote ‘no’ for marijuana dispensaries in Rochester,” she told the council.

Geistler pointed out that state law allows the city to delay the start of new cannabis sales, but it does not allow an outright ban.

The legislation approved this year states cities must allow at least one shop per 12,500 residents, which would be approximately 10 retailers in Rochester. Like liquor sales, cities and counties can place limits on the number of licenses allowed beyond that point.

The city is not considering establishing a limit of the number of potential local operations allowed at this time, but Geistler said limits could be considered in the future.

“We will bring forward more discussions in the coming months,” she told the council during the July 10 meeting.

Meetings scheduled to be held during the week of July 24 include:

Rochester

• City Council study session, 3:30 p.m. Monday in council chambers of the city-county Government Center, 151 Fourth St. SE. The meeting will livestream at www.rochestermn.gov/meetings/council-meetings and be available on Spectrum cable channel 180 or 188 and Metronet channel 80.

• City Council, 7 p.m. Monday in council chambers of the city-county Government Center, 151 Fourth St. SE. The meeting will livestream at www.rochestermn.gov/meetings/council-meetings and be available on Spectrum cable channel 180 or 188 and Metronet channel 80.

• Public Utility Board, 4 p.m. Tuesday in the Rochester Public Utilities community room, 4000 East River Road NE.

• Park Board, 4:30 p.m. Tuesday in room 104 of City Hall, 201 Fourth St. SE.

• Music Board, 7 p.m. Tuesday, in room 104 of City Hall.

• Planning and Zoning Commission, 6 p.m. Wednesday, council chambers of the city-county Government Center.

Olmsted County

• New commissioner introduction to the Sheriff’s Office, 4 p.m. Tuesday at the city-county Government Center.

• Rochester-Olmsted Council of Governments, noon Wednesday in conference room 186 at 2122 Campus Drive SE in Rochester.

Rochester Public Schools

• School Board, 5:30 p.m. Tuesday in the boardroom of the Edison Building, 615 Seventh St. SW.