HomeMy WebLinkAbout10-28-2025 Council PacketCITY OF OAK PARK HEIGHTS
CITY COUNCIL MEETING AGENDA
TUESDAY, OCTOBER 28, 2025 AT CITY HALL
6:00 P.M.
6:00 p.m. I. Call to Order/Pledge of Allegiance/Approval of Agenda
Estimated
times
6:00 p.m. IL Council/Staff Reports
Recycling Award (pg. 2)
6:05 p.m. III. Visitors/Public Comment
This is an opportunity for the public to address the Council with questions or concerns on issues not part of the regular
agenda (Please limit comments to 3 minutes in length).
6:05 p.m. IV. Consent Agenda (Roll Call Vote)
A. Approve Bills & Investments
B. Approve City Council Worksession Notes — October 14, 2025 (pg. 3)
C. Approve City Council Minutes — October 14, 2025 (pg. 4)
D. Authorize Staff to Petition for Removal of MS4 Designation (pg. 6)
E. Approve Agreement with Eckberg Lammers P.C. for Civil and Prosecution Legal
Services (pg. 12)
6:10 p.m. V. Public Hearings
6:10 p.m. VI. Old Business
6:10 p.m. VIL New Business
A. Central Automative Parking Lot Expansion — Conditional Use Permits, Site Plan
Review — 14819 59m Street North (pg. 26)
B. Setback Conditional Use Permit for Accessory Building — 5420 O'Brien Avenue
North (pg. 34)
C. Conditional Use Permit for a Cannabis Retail Dispensary — 14608 60m Street
North (pg. 43)
D. Consider Issuance of a License to Sell Cannabinoid Products for Kowalski's (pg.
57)
6:30 p.m. VIII. Other Council Items or Announcements
6:30 p.m. IX. Closed Session
A. Discussion Involving Labor Negotiations Strategy (closed pursuant to MN Stat.
13D.03, Subd. 1(b))
B. City Administrator Performance Review (closed pursuant to MN Stat. 13D.05,
Subd. 3 (a))
7:15 p.m. X. Adjournment
Pagel of 57
City 0
Oak Park Heights
68 Oak Park Blvd. Oak Park Heights,1' • - . •4 • .439-0574
October 21, 2025
Christine Augustine
5606 Oak Cove North
Oak Park Heights, MN 55082
Dear Ms. Augustine:
Thank you for participating in the City's recycling program. As an incentive
to recycle and to increase fire prevention awareness, the City rewards two
residents each month with their choice of an award of a fire extinguisher
and/or smoke detector.
Your residence was checked on Tuesday, October 21, to determine if you had your
recycling bin out with your regular garbage. Your recycling was out and ready for
collection; therefore, you are one of this month's winners. Please contact me
via phone at 439-4439 or email at jpinski@cityofoakparkheights.com to let
me know your choice of award.
On behalf of the Oak Park Heights City Council, thank you for participating in the
City's recycling program.
Congratulations!
Jennifer Pinski
Assistant City Administrator
TREE CITY U.S.A.
Page 2 of 57
CITY OF OAK PARK HEIGHTS
CITY COUNCIL WORKSESSION NOTES
TUESDAY, OCTOBER 14, 2025
Present: Mayor Dougherty, Councilmembers Johnson, Liljegren, Runk and Swenson; City
Administrator Rife, Assistant City Administrator Pinski, Police Chief Hansen, Finance Director
Egger, Public Works Director Kegley, City Engineer Mann, and City Attorney Sandstrom.
Absent: None.
L Call to Order: Mayor Dougherty called the meeting to order at 5:30 p.m.
II. Washington Couinty Commissioner Bethany Cox: Commissioner Cox and
Washington County Deputy County Administrator Jennifer Wagenius were present, and
Commissioner Cox provided updates on road projects and the Emergency Housing
Services Building project.
III. Discussion Items
Utility Rate Study. Andrew Burnham, Stantec, presented the utility rate study. A
Resolution for rate increases would be added to a future City Council Agenda for
approval. No action was taken.
b. Council Appointments: Changes were discussed and a new Resolution would be
added to the Council Agenda for that evening for approval. No action was taken.
c. City Hall Exterior Sign: Councilmember Johnson suggested an exterior logo sign as a
backdrop for photos and for branding. Council would discuss need and placement at a
future meeting after the exterior tree was removed. No action was taken.
d. Park Shelter Damage/Vandalism: Public Works Director Kegley reported that a trail
camera was installed at Brekke Park. Chief Hansen reported patrols were asked to
station in the parking lots on occasion. There was a discussion on possible change in
park hours. No action was taken.
e. City Attorney & Prosecuting Attorney Contract: City Administrator Rife presented an
agreement as a formality. It would be on the next City Council Agenda for approval.
No action was taken.
f. Patrol Officer Hiring: Chief Hansen requested an increase in the hiring incentives that
were approved in 2023 plus a referral bonus. Council was amenable and would add to
the City Council Agenda for that evening. No action was taken.
g. Web site Photo: Photo was taken of the City Council for the City's web site.
IV. Adjournment: The meeting was adjourned at 7:11 p.m.
Page 3 of 57
CITY OF OAK PARK HEIGHTS
TUESDAY, OCTOBER 14, 2025
CITY COUNCIL MEETING MINUTES
L Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor Dougherty called the
meeting to order at 7:15 p.m. Present: Councilmembers Johnson, Liljegren, Runk and
Swenson. Staff present: City Administrator Rife, Police Chief Hansen, City Attorney
Sandstrom, and Assistant City Administrator/City Clerk Pinski. Absent: None.
Mayor Dougherty added two items to the Consent Agenda: "Approve Changes to Police
Department Hiring Incentives with Attorney Review" and "Approve Resolution for
Council Appointment Updates."
Councilmember Johnson, seconded by Councilmember Liljegren, moved to approve the
Agenda as amended. Carried 5-0.
IL Council/Staff Reports:
A. Mayor Dougherty: No report.
B. Councilmember Johnson: No report.
C. Councilmember Liljegren: No report.
D. Councilmember Runk: He reported that the Convention and Visitor's Bureau met
the previous day and would be meeting again the following week to discuss the
budget for 2026. He also reported the Cable Commission would be meeting the
following Monday.
E. Councilmember Swenson: No report.
F. Staff: City Administrator Rife reported the Senate Capital Investment Bonding
Committee tour would be coming to Oak Park Heights City Hall on October 25 at
approximately 2:25 p.m. regarding the City's request for PFAS treatment funding.
Police Chief Hansen reported the department would be participating in Boo Bash
at Kowalski's on October 25 and a Trunk or Treat Event at Watermark Church on
October 26.
Assistant City Administrator Pinski reported that Daniel Bloomquist of 5674
Perkins Avenue North was chosen as the recycling award winner.
III. Visitors/Public Comment: Jennifer Van Dyke, 15298 Upper 61s' Street North, said
Mayor McComber and Commissioner Kremer would be missed. She also expressed
concern regarding paid protestors and a larger organized protest planned for the
upcoming weekend and wanted the police department to be aware.
Page 4 of 57
City Council Meeting Minutes
October 14, 2025
Page 2 of 2
IV. Consent Agenda:
A. Approve Bills & Investments
B. Approve City Council Worksession Notes — September 23, 2025
C. Approve City Council Minutes — September 23, 2025
D. Approve Agreement with Rapp Strategies, Inc.
E. Approve Resolution on Donation from Jeanette Westmoreland to be Used for the
City Parks
F. Award the Fall 2025 Boulevard Tree Pruning and Removals Project to SavATree
G. Approve Changes to Police Department Hiring Incentives with Attorney Review
H. Approve Resolution for Council Appointment Updates
Councilmember Runk, seconded by Councilmember Johnson, moved to approve the
Consent Agenda. Roll call vote taken. Carried 5-0.
V. Public Hearings: None.
VI. Old Business: None
VIL New Business: None
VIII. Other Council Items or Announcements: None
IX. Closed Session (closed pursuant to MN. Stat. 13D.03, Subd. 1(b))
A. Discussion Involving Labor Negotiation Strategy: City Attorney Sandstrom
reported that the City Council would go into a closed session as authorized by
Statute to discuss labor negotiation strategy and that the meeting would be
recorded as required.
Councilmember Swenson, seconded by Councilmember Liljegren, moved to go
into closed session at 7:22 p.m. Carried 5-0.
X. Adiournment: The meeting was adjourned at 7:49 p.m.
Respectfully submitted, Approved as to Content and Form,
Jennifer Pinski
City Clerk
Chuck Dougherty
Mayor
Page 5 of 57
a� Oak Park,%._
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Date: October 28, 2025
Consent
TO: Mayor and City Council
FROM: Andrew Kegley, Public Works Director
AGENDA ITEM: Authorize Staff to Petition for Removal of MS4 Designation
BACKGROUND:
The MPCA acknowledged Oak Park Heights operates a small MS4 (Municipal Separate Storm
Sewer System) but, based on 2020 Census data, is no longer in a 50,000+ urban area and currently
doesn't meet other designation criteria. The City may petition the Commissioner to remove its MS4
designation, and MPCA expects to grant it. However, third parties can still petition for designation
under Minn. R. 7090.1010, Subp. 2, triggering review and public notice. Even if released from MS4
requirements, the City could be redesignated in the future via a petition or future Census changes,
including urban area expansion or population reaching 5,000 or greater.
Costs to comply with MS4 reporting and certification range about $10,000 annually, so being
removed from MS4 designation would provide a cost savings to the City.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No
ACTION REQUESTED:
Authorize Staff to submit a petition to the MPCA to remove Oak Park Height's MS4 designation.
ATTACHMENTS:
Email from MPCA
Petition
Page 6 of 57
������ CONTROL
AGENCY P' N POLLUTION MS4 petition for reevaluation form
CA
520 Lafayette Road North Municipal Separate Storm Sewer Systems (MS4) Program
St. Paul, MN 55155-4194
Doc Type: Petition
Instructions: Complete this form if you want your municipality to be reevaluated as a regulated MS4, as described under Minn.
R. 7090.1010, subp. 4, item B.
Submit the completed form to:
Attn: MS4 Program Supervisor
Minnesota Pollution Control Agency
520 Lafayette Road North
St. Paul, MN 55155-4194
Or
Email a signed, scanned PDF copy to ms4permitprogram. pca(a)-state.mn.us
Questions: Please contact the Minnesota Pollution Control Agency (MPCA) staff person assigned to your MS4, using the MPCA
website at https://stormwater.pca.state.mn.us/index.php?title=List of MS4 permittee staff assignments.
Section I. MS4 information
A. MS4 owner
(City, county, community, municipality, government agency, or other party/entity) with ownership or operational responsibility, or
control of the MS4).
MS4 name: Citv of Oak Park Heights
Mailing address: 14168 Oak Park Blvd N
City: Oak Park H
State: MN
County: Washin
Zip code: 55082
B. MS4 general contact
(Director, department head, MS4 coordinator, consultant or other person with Stormwater Pollution Prevention Program
[SWPPP] implementation responsibility for all general correspondence about MS4 General Stormwater Permit compliance
issues between the MPCA and your organization/entity).
Contact name: Andrew Ke
Mailing address: 14168 Oak Park Blvd N
City: Oak Park HeightE
Phone: (651) 294-3448
Section II. Basis for petition
State: MN
Title: Public Works Director
Zip code: 55082
Email: akegley@cityofoakparkheights.com
In accordance with Minn. R. 7090.1010, subp. 4, item B, you are requesting that the Commissioner of the MPCA reevaluate the
designation of your MS4 to determine if your MS4 continues to meet the criteria established in Minn. R. 7090.1010, subp. 1 and 2
and is still required to be regulated for stormwater discharges.
A. Please select your appropriate MS4 type and complete the corresponding sections.
® City— Complete Section II.C, Section ILD (if applicable), and Section III.
❑ Township - Complete Section II.C, Section ILD (if applicable), and Section III.
❑ Hospital — Complete Section 11.13, Section ILD (if applicable), and Section III.
❑ College/University — Complete Section 11.13, Section ILD (if applicable), and Section III.
❑ Correctional Facility — Complete Section II.B, Section II.D (if applicable), and Section III.
❑ County - Complete Section II.13.1 and 2, Section ILD (if applicable), and Section III.
❑ Watershed District - Complete Section II.13.1 and 2, Section ILD (if applicable), and Section III.
❑ State highway department - Complete Section II.13.1 and 2, Section ILD (if applicable), and Section III.
Note: The MS4 mapping tool(https:Hpca-gis02.pca.state.mn.us/ms4/index.html) is available foryour use. The MS4 mapping
tool can depict applicable features referenced in this form, including Urbanized Area (UA), Outstanding Resource Value Waters
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(ORVWs), trout streams, and impaired waters.
B. Hospitals, colleges, universities, and correctional facilities must answer questions 1 through 5, below.
Counties, Watershed Districts, and State Hwy Departments must only answer questions 1 and 2, below. [Minn. R.
7090.1010, subp. 1.A.].
1. Is your publicly owned entity located within the UA in whole or in part, as determined by the most recent Decennial
Census?
❑ Yes Answer next question.
® No Skip to Section II.D.
2. Do you own/operate stormwater conveyances/infrastructure (e.g., curb and gutter, pipes, ditches, swales, stormwater
ponds, rain gardens, etc.) within the UA?
❑ Yes Answer next question.
❑ No Skip to Section II.D.
3. Does your publicly -owned entity have a resident capacity of 1,000 or more?
❑ Yes Enter number of residents below. ❑ No Answer next question.
Number of residents:
4. Does your publicly -owned entity have a bed -count occupancy of 1,000 or more?
❑ Yes Enter bed count below
Bed count:
❑ No Answer next question.
5. Does your publicly -owned entity have an average -daily user population of 1,000 or more?
❑ Yes Estimated average -daily user population below. ❑ No
Estimated average -daily user population:
C. Cities and townships must answer questions 1 through 6 below.
1. Does your city or township own/operate stormwater conveyances/infrastructure (e.g., curb and gutter, pipes, ditches,
swales, stormwater ponds, rain gardens, etc.) within the UA as determined by the most recent Decennial Census? [Minn.
R. 7090.1010, subp. 1.B.(1)]
❑ Yes Answer next question.
❑ No Answer next question.
2. Does your municipality have a population of 10,000 or more based on the most recent Decennial Census or approved
municipal boundary adjustment underthe provisions of Minn. Stat. ch. 414? [Minn. R. 7090.1010, subp. 1.13.(2)]
❑ Yes Answer next question. ❑ No Answer next question.
3. Does your municipality have a population of 5,000 or more based on the most recent Decennial Census or approved
municipal boundary adjustment underthe provisions of Minn. Stat. ch. 414? [Minn. R. 7090.1010, subp. 1.13.(3)]
❑ Yes Answer next question. ❑ No Skip to Section II.D.
4. Does your municipality discharge stormwater into an ORVW as identified in Minn. R. 7050.0335? [Minn. R. 7090.1010,
subp. 1.13.(3)(a)]
❑ Yes Answer next question.
❑ No Answer next question.
5. Does your municipality discharge stormwater into a trout lake or trout stream as identified in Minn. R. 6264.0050, subp. 2
and 4? [Minn. R. 7090.1010, subp. 1.13.(3)(b)]
❑ Yes Answer next question.
❑ No Answer next question.
6. Does your municipality discharge stormwater into a water listed as impaired under section 303(d) of the Clean Water Act,
United States Code, title 33, section 1313, except those waters listed as impaired solely for mercury (Hg) or
polychlorinated biphenyls (PCB's)? [Minn. R. 7090.1010, subp. 1.13.(3)(c)]
❑ Yes
❑ No
D. Please include any other relevant information to support your petition in the space below or attach as a separate file.
For example, include maps of most recent jurisdictional boundaries, completed orderly annexation agreements, photographs,
maps of your MS4 conveyance systems as they relate to Urbanized Area as determined by the most recent Decennial Census,
etc.). Once you have completed Section II.D. (if applicable), complete the certification in Section III and submit the petition.
Note: MPCA staff may contact you to confirm or seek clarification related to information submitted on this form.
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Section III. Certification
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my
inquiry of the person or persons, who manage the system or those persons directly responsible for gathering the information, the
information submitted is to the best of my knowledge and belief, true, accurate, and complete.
Authorized representative
Print name:
Signature:
Title:
Date (mm/dd/yyyy):
Note: This form will not be processed without a completed certification
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From: Duncanson, Duane (MPCA) duane.duncanson@state.mn.us
Subject: MS4 Permitting Status (City of Oak Park Heights)
Date: October 9, 2025 at 11:55AM
To: akegley@cityofoakparkheights.com
Cc: Fyten, Kong (MPCA) Kong. Yang. Fyten@state.mn.us, Nistler, Nicholas (MPCA) nicholas.nistler@state.mn.us
Good morning Mr. Kegley,
Thank you for the phone discussion pertaining to the MS4 permitting status of the city of Oak
Park Heights.
The city of Oak Park Heights is currently regulated for discharges of municipal stormwater in
accordance with Minn. R. 7090.1010, Subp. 1.A, which ultimately refers to the Code of
Federal Regulations, title 40, section 122.32, that reads in part;
§ 122.32 As an operator of a small MS4, am I regulated under the NPDES storm water
program?
(a) Unless you qualify for a waiver under paragraph (c) of this section, you are regulated if you
operate a small MS4, including but not limited to systems operated by federal, State, Tribal,
and local governments, including State departments of transportation; and:
(1) Your small MS4 is located in an urban area with a population of 50,000 or more people as
determined by the latest Decennial Census by the Bureau of the Census. (If your small MS4
is not located entirely within an urban area with a population of 50,000 or more people, only
the portion that is within this urban area is regulated); or
(2) You are designated by the NPDES permitting authority, including where the designation is
pursuant to §§ 123.35(b)(3) and.( of this chapter, or is based upon a petition under §
122.26(f).
The MPCA asserts that the city of Oak Park Heights does operate a small MS4 as described
in 40 CFR 122.32(a). However, based on an analysis of the 2020 Decennial Census data the
city of Oak Park Heights is no longer "located in an urban area with a population of 50,000 or
more people as determined by the latest Decennial Census by the Bureau of the Census," as
described in 40 CFR 122.32(a)(1). Moreover, at this time the MPCA has not determined that
the city of Oak Park Heights meets any other designation criteria described in 40 CFR
122.32(a)(2).
As a matter of transparency, and in accordance with Minn. R. 7090.1010, Subp. 4.B., the
MPCA wants to ensure the city of Oak Park Heights is aware of the right to submit a petition
(attached) to the Commissioner to reevaluate the designation of the city of Oak Park Heights
for a determination that the city does not meet the criteria in Minn. R. 7090.1010, Subp_1, and
does not need an MS4 permit. Upon receiving a signed written petition, the Commissioner will
evaluate the petition and determine if the MS4 no longer meets the requirements for a permit.
Based on the analysis described above, the MPCA will most likely grant the petition and
release the city of Oak Park Heights from the MS4 regulatory program.
Please be aware, however, that Minn. R. 7090.1010, Subp. 4.A, allows any person to petition
the Commissioner for the designation of an MS4 under the criteria outlined in Minn. R.
7090.1010, Subp_2, which includes criteria not previously considered and applied by the
MPCA as it relates specifically to the city of Oak Park Heights. If the MPCA were to receive a
signed written petition for designation, the Commissioner must evaluate the petition and
determine if designation is appropriate. If the Commissioner ultimately determines that the
designation should be granted, the MPCA must engage in the process for designation in
accordance with Minn. R. 7090.1010, Subp_3., which involves a public notice process and an
18 month time period for submittal of an application.
Page 10 of 57
If the city of Oak Park Heights submits a petition and is successfully released from the MS4
regulatory program, two(2) pathways do exist for the redesignation of the city of Oak Park
Heights.
1) As described above, if a separate petitioner makes a compelling case that the city of Oak
Park Heights should be regulated under the MS4 permit based on any of the criteria
established in Minn. R. 7090.1010, Subp_2., and/or
2) Future Decennial Census (e.g., 2030, 2040, etc) data may require the city of Oak Park
Heights to once again obtain the MS4 permit. Possible scenarios include the expansion of
Urbanized Area into the city (Minn. R. 7090.1010, Subp. 1.A) or if the city's population grows
to 5,000 or more (Minn. R. 7090.1010, Subp. 1.13.(3)).
If you have any questions regarding this matter, please reach out to me.
Thank you
Duane Duncanson I Supervisor
Minnesota Pollution Control Agency (MPCA)
Municipal Stormwater Unit
520 Lafayette Road I St. Paul, MN 155155
Office 1 651-757-2323
E-mail I duane.duncanson9state. mn.us
Our mission is to protect and improve, the environment and human health„
NOTICE: This email (including attachments) is covered by the Electronic Communications Privacy Act,
18 U.S.C. 2510-2521. This email may be confidential and may be legally privileged. If you are not the
intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of
this communication is strictly prohibited. Please reply back to the sender that you have received this
message in error, then delete
MS4 Petition Form.doc
81 l(B
Page 11 of 57
a� Oak Park,%._
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TO:
FROM:
AGENDA ITEM:
Legal Services
Date: October 28, 2025
Consent
Mayor and City Council
Jacob Rife, City Administrator
Approve Agreement with Eckberg Lammers P.C. for Civil and Prosecution
BACKGROUND:
The City has had a longstanding relationship with Eckberg Lammers without a formal contract. As
discussed at the Council workshop, the attached civil agreement and prosecution agreement
formalize the services provided by Eckberg Lammers.
FINANCIAL IMPACT:
• Does action require expenditure of funds? Yes
• If yes, total cost:—$112,500
• Budget line item: 101-40200-103 & 101-41510-103
• Budgeted Amount: $112,500
• Within budget? Yes, anticipated.
ACTION REQUESTED:
Approve the motion
EXHIBITS:
1. Civil Contract
2. Prosecution Contract
Page 12 of 57
CONTRACT FOR CIVIL LEGAL SERVICES
This CONTRACT FOR CIVIL LEGAL SERVICES (the "Agreement") is entered into by
and between the City of Oak Park Heights, a Minnesota municipal corporation, (the "City") and
the law firm of Eckberg Lammers, P.C., with its principal office located at 1809 Northwestern
Avenue, Stillwater, Minnesota, 55082 (the "Law Firm"), for the purpose of utilizing the Law
Firm to provide civil legal services to the City.
RECITALS
A. The City and the Law Firm desire to enter into a contract with the hourly rates
beginning January 1, 2026 outlined as follows:
Meeting Attendance Rate (Per Meeting)*
$195
General Hourly Rate for All Attorneys
$195
General Hourly Rate for Paralegals and Law Clerks
$125
Special Hourly Rate — Attorney* *
For matters outside of General Services, including Litigation, Labor/Employment
$225
Development Rate — Attorney* *
Development Pass -Through rate to applicants on land use matters
$290
Special Hourly or Development Rate — Paralegals and Law Clerks
Development Pass -Through, Litigation, Labor &Employment
$175
The minimum increments billed for each service are recorded in 0.10 hour increments.
Rates will increase at a rate of 3.5% each year on January 1, with the updated rate being rounded to
the nearest whole dollar.
* Meeting attendance at each regular, special, and Closed City Council meetings, Council work
sessions; Planning Commission, Economic Development Authority (EDA); or City/EDA board,
commission, and committee meetings are proposed to be provided at an initial flat fee of $195
per meeting.
"Development Rate applies to developments or other land -use related matters or any other
matter where the City is entitled to pass through and recoup those legal costs from the
applicant/landowner.
NOW THEREFORE, IN CONSIDERATION OF the mutual promises contained
herein and other good and sufficient consideration, incorporating the Recitals in full the
parties agree to the following:
TERMS
ARTICLE L• SERVICES
1.1 Scope and Nature of General Counsel Services: The parties agree to the
following description of the nature of the legal services to be provided by the Law Firm to the
1 Page 13 of 57
City:
A. Attend regular or special City Council and Commission (including Planning
Commission meetings as directed) meetings. Attendance at special City
Council, City Council workshops, and regular and special Commission
meetings shall be upon request of the City Clerk/Administrator.
B. Review of City Council, City Committee, and Planning Commission agenda
items and minutes.
C. Meet as needed with City Clerk/Administrator to identify issues of short and
long-term importance.
D. Drafting of, and revisions to, City ordinances, resolutions, and regulations.
E. Drafting of municipal contracts, joint powers agreements, and the like; review
of contractor/vendor bond and insurance documents.
F. Research and preparation of legal opinions on municipal or other legal
matters, including open meeting law, data practices, and general municipal
employment matters.
G. Providing regular updates on significant developments in laws affecting the
City to the City Clerk/Administrator and City Council.
H. Providing a yearly legislative update.
L Providing regular in-service presentations as requested to City staff on topics
selected by the Law Firm and the City with special emphasis on new
developments in the law (e.g. labor issues/data practices issues/land use
issues).
J. Providing economic development services including advice on tax
increment financing, tax abatement, business subsidy, and other development
matters, including the drafting of and revisions to development agreements,
assessment agreements, tax increment financing proceedings, and the like. If
such economic development representation is proposed to be fully reimbursed
by a private developer, the Law Firm may adjust its billing rate accordingly in
consultation with the City Clerk/Administrator.
1.2 Best Legal Practices Initiatives: In addition to the above -stated services,
throughout the period of its representation, the Law Firm shall furnish regular "Best Legal
Practices Initiative Services." The services shall include on -site meetings with City staff and,
where appropriate, the City Clerk/Administrator and City Council to perform the specified
initiatives. It is expected that the specified best practices initiatives may change as required by
the growth and change of the City. All practices shall be benchmarked against those of other
leading cities, not limited to cities in Minnesota. These services shall include, but shall not be
2 Page 14 of 57
limited to:
A. Best Practices: The Law Firm shall regularly review the internal processes
and procedures of the City to furnish recommendations in order to:
1. Reduce or avoid future liability and litigation.
2. Benchmark department legal processes against other leading cities.
B. Planning/Engineering Legal Best Practices: The Law Firm shall:
1. Perform an annual review of Planning/Engineering documents and
related documentation to ensure that the documents are up to date,
consistently utilized correctly and sufficiently protective of City
financial and planning interests.
2. Make regular recommendations for standardization of City
documents, development agreements and contracts and processes
using templates and checklists where advisable to improve efficiency
and predictability.
3. Devise solutions for avoidance of liability and litigation, and
assurance of proper development close-out including recordation of
all necessary conveyance.
4. Regularly benchmark Planning/Engineering legal processes and
documentation against other leading cities.
1.3 Scope and Nature of Special Counsel Services: The parties contemplate that
the Law Firm may also provide civil legal services outside the scope of general services covered
by the general and "best practices" services as described in paragraphs 1.1 and 1.2 above. For
example, these special services include and will be handled as follows:
A. Contested Dispute/Litigation Matters: The Law Firm will provide
representation in, contested legal cases, provided the City has the right to
select counsel in the contested case, and provided the City determines, in its
reasonable discretion, that the Law Firm has the skill and experience to
represent the City in a fashion that the City deems to be in its best interests
given the expertise, costs, and litigation service delivery available from other
law firms in the Twin Cities Metro area.
B. Labor and Employment Attorney Matters: The Law Firm will provide
labor and employment law services to the City, including representation for
staff disciplinary matters, union negotiations, personnel policies, contested
cases, employment contracts, and other similar services.
C. Matters Covered by Insurance: The Law Firm will assist the City in
submitting claims for insurance coverage to various insurance carriers.
3 Page 15 of 57
Whenever a claim is made with an insurance carrier, which arises out of a
legal issue within the scope of this Agreement, the City will recommend that
the Law Firm be utilized by the insurance carrier in the matter for which the
claim is made. The City may recommend the Law Firm to an insurance carrier
for claims arising out of matters which are outside the scope of this
Agreement. At the point in time when an insurance carrier admits coverage,
and to the extent that such carrier will provide retroactive payments for
attorneys' fees, the Law Firm will receive its payments for services rendered
from the insurance carrier and not from the City. To the extent that an
insurance carrier does not pay for legal services rendered by the Law Firm,
including any deductibles, the City will pay the Law Firm for services
rendered at the rates charged to the insurance company, subject to billing and
payment provisions of Article 4.
ARTICLE IL• REIMBURSABLE COSTS AND EXPENSES.
2.1 General Rule: The City will reimburse the Law Firm for actual, necessary, and
reasonable costs and expenses incurred by the Law Firm in the performance of the legal services
contained in this Agreement.
2.2 Specific Rates:
Mileage
No Charge
Parking
Actual Cost
Photocopying
$0.20 per page
Electronic Copying
No Charge
Facsimile
No Charge
Postage, Courier/Delivery
Actual Cost
Process Server
Actual Cost
Messenger
Actual Cost
Court Costs/Filing Fees
Actual Cost
Arbitration Costs
Actual Cost
Other Contested Case Costs
Actual Cost
Westlaw Research Fees
No Charge
Publication Fees
Actual Cost
4 Page 16 of 57
Document Recording Fees Actual Cost
ARTICLE III: CONFLICT OF INTEREST AND ATTORNEY/CLIENT PRIVILEGE
3.1. Conflict of Interest: The Law Firm will notify the City if the Law Firm
represents or has ever represented an opposing party in a legal matter.
3.2. Attorney/Client Privilege: The Law Firm is authorized to utilize e-mail without
encryption to transmit and receive confidential client information. The City specifically
acknowledges that it understands the confidentiality risks associated with inadvertent
interception of such information.
3.3. Work Product: Pursuant to Rule 1.16(d) of the Minnesota Rules of Professional
Responsibility, upon termination of the professional relationship all retained records,
information, and materials prepared or developed in connection with the services provided shall
be provided to the City.
3.4. Insurance: The Law Firm shall maintain professional liability (malpractice)
insurance at a minimum coverage level of $1,000,000 per claim, and $3,000,000 annual
aggregate.
ARTICLE IV: BILLING FORMAT, CYCLE, PAYMENT EXPECTATIONS, AND
INTERESTS.
4.1 Billing Format: The Law Firm will submit monthly statements to the City
itemizing legal services rendered for the prior month broken down into easily understandable
categories.
4.2 Billing Cycle: The Law Firm will bill monthly for legal services rendered in the
prior month. Generally, bills will go out approximately 10 days after the end of the prior
month.
4.3 Payment Expectations: The City will pay the bill of the Law Firm routinely
according to its internal payment procedures by forwarding a check to the Law Firm paying for
both legal services and expenses shown on the Law Firm's bill.
4.4 Disputes: In the event that the City disputes any aspect of the Law Firm's bill, the
appropriate City representative will contact Nicholas Vivian at the Law Firm stating the nature of
the dispute.
4.5 Term and Renewal:
A. The term of this Agreement will commence as of the date this agreement is
fully executed by the parties and continue through December 31, 2028. At the
end of the approximately three-year term, for each year thereafter, this
Agreement shall automatically renew for another year at a continued increase
of 3.5% each year, unless different rates have been agreed to in writing
5 Page 17 of 57
between the Law Firm and the City.
B. During the term of the Agreement including renewal terms, either party may
terminate the Agreement at any time. The Parties agree, when reasonably
possible, to provide 60 calendar days' written notice to the other party in
recognition of the importance of providing for an organized transition.
4.6 Authorized Contact Persons: Kevin S. Sandstrom will act as the lead attorney
for the City. However, the parties contemplate that other attorneys in the Law Firm will also be
providing services to the City subject always to advance approval by the City.
4.7 City Approval: The Law Firm is authorized to commence performing services
under this contract effective as of the date this agreement is fully executed by the parties.
ARTICLE V: MISCELLANEOUS PROVISIONS.
5.1 Audit. Pursuant to Minn. Stat. 16C.05, Subd. 5, the Law Firm agrees that the
books, records, documents, and accounting procedures and practices of the Law Firm or other
party, that are relevant to the Agreement or transaction, are subject to examination by the City
and either the legislative auditor or the state auditor, as appropriate, for a minimum of six years.
The Law Firm agrees to maintain these records for a period of six years from the date of
termination of this Agreement.
5.2 No Discrimination. Law Firm agrees to the provisions of Minn. Stat. 181.59 and
agrees any applicable ordinance relating to civil rights and discrimination shall be considered
part of this Agreement as if fully set forth herein.
5.3 Choice of Law and Venue. All issues concerning this Agreement will be
governed by and construed in accordance with the laws of the State of Minnesota, without giving
effect to any choice of law or conflict of law provision or rule (whether of the State of Minnesota
or any other jurisdiction) that would cause the application of the law of any jurisdiction other
than the State of Minnesota. All legal proceedings shall be venued in the County of Washington
or federal district court in Minneapolis/St. Paul. The prevailing party in any dispute arising from
or relating to this Agreement, whether by judgment, summary judgment, dismissal, settlement or
otherwise, shall be entitled to an award of reasonable attorney's fees and costs from the non -
prevailing party.
5.4 Entire Agreement. This Agreement is intended by the parties as a final
expression of their agreement, which cancels, supersedes and revokes all prior negotiations,
representation and agreements between the parties, whether oral or written, relating to the subject
matter of this Agreement.
5.5 Modifications. This Agreement can only be modified in writing signed by the
City and the Law Firm.
5.6 Severability. Whenever possible, each provision of this Agreement will be
interpreted in such a manner to be effective and valid under applicable law. If any provision of
6 Page 18 of 57
this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable
law or rule, in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any
other provision or the effectiveness or validity of any provision in any other jurisdiction, and the
remaining provisions of this Agreement will continue in full force without being impaired or
invalidated in any way.
5.7 Waiver. Any waiver by either party of a breach of any provision of this
Agreement will not affect, in any respect, the validity of the remainder of this Agreement.
5.8 Headings. The headings contained in this Agreement have been inserted for
convenience of reference only and shall in no way define, limit, or affect the scope and intent of
this Agreement.
5.9 Third Party Rights. The Parties to this Agreement do not intend to confer on any
third party any rights under this Agreement.
(remainder of page intentionally left blank, signature page to follow)
7 Page 19 of 57
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed
by their duly authorized officials, this Agreement as of the date first written above.
CITY OF OAK PARK HEIGHTS:
I:
Chuck Dougherty
Its: Mayor
Date:
By:
Jacob Rife
Its: City Administrator
Date:
ECKBERG LAMMERS, P.C.:
Date:
Kevin S. Sandstrom
Page 20 of 57
CONTRACT FOR CRIMINAL PROSECUTION LEGAL SERVICES
This CONTRACT FOR CRIMINAL PROSECUTION LEGAL SERVICES (the
"Agreement") is entered into by and between the City of Oak Park Heights, a Minnesota municipal
corporation, with its principal office located at 14168 Oak Park Boulevard, Oak Park Heights, MN
55082 (the "City") and the law firm of Eckberg Lammers, P.C., with its principal office located at
1809 Northwestern Avenue, Stillwater, Minnesota, 55082 (the "Law Firm"), for the purpose of
utilizing the Law Firm to provide prosecution legal services to the City.
RECITALS
A The City wishes to retain the Law Firm to provide criminal prosecution legal
services on behalf of the City.
B. The Law Firm agrees to provide criminal prosecution legal services to the City
paid by the City to the Law Firm.
C. The rates identified in the proposal submitted by the Law Firm are as follows:
2026
2027
2028
+3.5%
+ .5%
+1 %
Yearly Total
$64,411.00
$66,665.00
$68,998
The minimum increments billed for each service are recorded in .10 per hour increments.
NOW THEREFORE, IN CONSIDERATION OF the mutual promises contained
herein and other good and sufficient consideration, incorporating the Recitals in full the parties
agree to the following:
TERMS
ARTICLE L• SERVICES
I.I. Scope and Nature of Prosecution Services: The parties hereto agree to the
following description of the nature of the legal services to be provided by the Law Firm to the
City:
A. Meetings and/or telephone conversations with and advising the Chief of
Police, and other authorized staff on general criminal legal matters.
2
Page 21 of 57
B. Research and submission of legal opinions on municipal or other criminal
legal matters requested by the Chief of Police or other authorized staff,
availability to answer staff questions by telephone,
C. Legal consultation and general support for the Chief of Police, and other
authorized staff on general criminal legal matters.
D. Provide a high level of customer service by responding in a prompt manner.
E. Prosecute all petty misdemeanor, misdemeanor and statutorily delegated
gross misdemeanor offenses committed within the corporate limits of the
City. This service includes all such cases initiated by any law enforcement
agency and citizen complaints including, but not limited to, traffic
violations, DWI cases, theft and City Code violations.
F. Provide advice, consultation and training where required to the City's Police
Department and to all other departments of the City in the interpretation and
enforcement of statutes, ordinances and investigations of violations in
connection with the prosecution of criminal cases.
G. Prepare criminal complaints where facts warrant.
H. Evaluate all cases where a plea of not guilty is entered and prosecute where
warranted.
I. Prepare appropriate pre-trial notices as required,
J. Seek such additional investigation as required.
K. Negotiate and enter plea bargains where deemed advisable.
L. Represent the City at all pre-trial hearings including motions.
M. Perform all legal research and prepare briefs when required.
N. Try all jury and court trials.
O. Draft Ordinances, ordinance amendments, resolutions and correspondence
as requested.
P. Review ordinances as requested.
Q. Render written opinions on law when requested, including interpretation of
statutes, ordinances, rules and regulations.
3
Page 22 of 57
R. Ensure proper notification and preparation of witnesses, police officers, and
staff for trial.
S. Investigate and evaluate all claims by the City against others and
recommend appropriate courses of action, including but not limited to code
enforcement issues and administrative citations.
T. Handle all criminal appeals and contested DWI forfeitures matters.
U. Be available for and occasionally attend meetings with Chief of Police and
other law enforcement staff, including as needed. Attend roll calls and/or
ride-alongs with law enforcement on quarterly basis.
1.2. Routine Phone Calls: As part of the Law Firm's comprehensive prosecution
legal services, no charges are imposed for routine phone calls. If a phone call evolves into a
project or work item, that item will transition to the appropriate billing options.
ARTICLE II: REIMBURSABLE COSTS AND EXPENSES.
2.1. General Rule: The City will reimburse the Law Firm for actual, necessary,
and reasonable costs and expenses incurred by the Law Firm in the performance of legal
services contained in the Agreement.
2.2. Specific Rates: Expenses to be billed:
Mileage
No Charge
Parking
Actual Cost
Photocopying
$0.20 per page
Electronic Copying
No Charge
Facsimile
$1.00 per page
Postage, Courier/Delivery
Actual Cost
Process Server
Actual Cost
Messenger
Actual Cost
Court Costs/Filing Fees
Actual Cost
Court Reporter Transcription Fees
Actual Cost
4
Page 23 of 57
Other Contested Case Costs
Actual Cost
Westlaw Research Fees
No Charge
Printing Expenses
No Charge
ARTICLE III: CONFLICT OF INTEREST AND ATTORNEY/CLIENT PRIVILEGE.
3.1 Conflict of Interest: If the Law Firm represents or has ever represented an
opposing party in a legal matter, whether within or outside of any of the scope of services
mentioned by the retainer above, the Law Firm shall arrange for suitable alternative
representation at the Law Finn's expense. The City will be responsible for any conflict -of -
interest expenses incurred if a conflict of interest exists due to the City's relationship with
potential parties to a prosecution case.
3.2 Attorney/Client Privilege: The Law Firm is authorized to utilize e-mail
without encryption to transmit and receive confidential client information. While digital
cordless and cellular telephones within a digital service area would be best to be used to
transmit and receive confidential client information and may be used by the Law Firm to
transmit and receive confidential client information. The City specifically acknowledges that
it understands the confidentiality risks associated with inadvertent interception.
ARTICLE IV. PROSECUTION SERVICES BILLING FORMAT, CYCLE, PAYMENT
EXPECTATIONS, AND TERM OF CONTRACT.
4.1 Billing Format: The Law Firm will submit monthly statements for criminal
prosecution legal services rendered for the prior month, including expenses incurred.
4.2 Payment Expectations: The City will pay the bill of the Law Firm routinely
According to its internal payment procedures by forwarding a check to the Law Firm paying for
both legal services and expenses shown on the Law Firm's monthly statement.
4.3 City Approval and Term of Contract:
A. The City Council authorizes the Law Firm to commence performing the
services contemplated under this Agreement. The term of this Contract
will be from January 1, 2025, through December 31, 2025.
B. During the term of the Agreement including renewal terms, either party may
terminate the Agreement at any time. The Parties agree, when reasonably
possible, to provide 60 calendar days written notice to the other party in
recognition of the importance of providing for an organized transition.
5
Page 24 of 57
ARTICLE V. MISCELLANEOUS.
5.1 Audit. Pursuant to Minn. Stat. 16C.05, Subd. 5, the Law Firm agrees that the
books, records, documents, and accounting procedures and practices of the Law Firm or other
party, that are relevant to the Agreement or transaction, are subject to examination by the City
and either the legislative auditor or the state auditor, as appropriate, for a minimum of six
years. The Law Firm agrees to maintain these records for a period of six years from the date of
termination of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by
their duly authorized officials, this Agreement as of the date first written above.
THE CITY OF OAK PARK HEIGHTS
I0
Mayor — Chuck Dougherty
By: _
City
Administrator — Jake Rife
ECKBERG LAMMERS, P.C.
I0
Joseph Van Thomme
Cel
Dated:
Dated:
Dated:
Page 25 of 57
a� Oak Park,%._
G
Date: October 28, 2025
New Business
TO: Mayor and City Council
FROM: Scott Richards, City Planner
AGENDA ITEM: Central Automotive Parking Lot Expansion — Conditional Use Permits, Site
Plan Review — 14819 59th Street North
BACKGROUND:
Dave Triemert of Stillwater Auto Holdings LLC has submitted a Conditional Use Permit application
for construction of a parking lot expansion at Central Automotive, 14819 59th Street.
The application consists of requests for an Amended Conditional Use Permit to allow the addition
of a parking lot at the auto repair facility in the B-2 General Business District, a Conditional Use
Permit for number of parking stalls, and Site Plan review. The site is 2.6 acres in size and has some
tree cover.
A Conditional Use Permit and Design Guidelines/Site Plan review was approved by the City
Council on May 28, 2019, to allow use of the site for an automotive repair shop and associated
parking.
The Planning Commission, at their October 9, 2025, meeting held a public hearing and
recommended the application for the Conditional Use Permit with conditions.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No
ACTION REQUESTED:
Approve Resolution 25-10-31
ATTACHMENTS:
Planning Report
Resolution 25-10-31
Page 26 of 57
3601 Thurston Avenue N, Suite 1 OCO
Anoka, MNI 66303
TPC Phio ne : 763.231 .5 340;
Pacsimille. 763. 27.Q6201
TPC(CO Ma n n i n giCo. room
PLANNING REPORT
TO: Jacob Rife
FROM: Scott Richards
DATE: October 23, 2025
RE: Oak Park Heights - Central Automotive Parking Lot Expansion —
Conditional Use Permits, Site Plan Review — 14819 59t" Street
North
TPC FILE: 236.02 — 25.02
BACKGROUND
Dave Triemert of Stillwater Auto Holdings LLC has submitted a Conditional Use Permit
application for construction of a parking lot expansion at Central Automotive, 14819 59tn
Street.
The application consists of requests for an Amended Conditional Use Permit to allow
the addition of a parking lot at the auto repair facility in the B-2 General Business
District, a Conditional Use Permit for number of parking stalls, and Site Plan review.
The site is 2.6 acres in size and has some tree cover.
A Conditional Use Permit and Design Guidelines/Site Plan review was approved by the
City Council on May 28, 2019, to allow use of the site for an automotive repair shop and
associated parking.
The Planning Commission, at their October 9, 2025, meeting held a public hearing and
recommended the application for the Conditional Use Permit with conditions.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Planning Report with Exhibits — September 30, 2025
PROJECT DESCRIPTION
A project narrative is found in Exhibit 1 of this report. The narrative explains that the
success of the business has resulted in a need for additional parking. The current
parking lot was sufficient for the company's needs when the business first opened, but
Page 27 of 57
now with a larger customer base and new service offerings, there is a need for
additional parking.
CONCLUSION / RECOMMENDATION
The City Council should consider the application for an Amended Conditional Use
Permit to allow the addition of a parking lot at the auto repair facility in the B-2 General
Business District, a Conditional Use Permit for number of parking stalls, and Site Plan
review for Central Automotive, 14819 59t" Street. If the City Council is favorable to the
request, it should consider the following conditions below and in the draft Resolution:
1. The grading, drainage and utility plans shall be subject to the review and
approval of the City Engineer. The drainage plans shall be subject to the
review of the Middle St. Croix Watershed District.
2. If lighting is to be installed, a plan shall be provided to the City and all
lighting fixtures shall be full cut off and installed in compliance with the
lighting standards of the Zoning Ordinance.
3. The landscape and tree removal/replacement plans are subject to review
and approval of the City Arborist.
4. If any signage is to be installed, a plan shall be provided to the City, and
all signage shall be subject to final review and approval of City Staff for
conformance with Zoning Ordinance standards.
5. Any other conditions of City Staff, the Planning Commission and the City
Council.
PC: Julie Hultman
2
Page 28 of 57
RESOLUTION NO. 25-10-31
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY DAVE TRIEMERT OF STILLWATER AUTO
HOLDINGS LLC FOR CONDITIONAL USE PERMITS TO ALLOW
CONSTRUCTION OF A PARKING LOT EXPANSION AT 14819 59TH
STREET NORTH BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Dave Triemert of
Stillwater Auto Holdings LLC (Applicant) for Conditional Use Permits to allow
construction of a parking lot expansion at 14819 59m Steet North; and after having
conducted a public hearing relative thereto, the Planning Commission of Oak Park
Heights recommended that the application be approved with conditions. The City
Council of the City of Oak Park Heights makes the following findings of fact and
resolution:
The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The Applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned B-2 General Business District in which auto repair
is a Conditional Use; and
4 A Conditional Use Permit and Design Guidelines/Site Plan review was
approved by the City Council on May 28, 2019, to allow the use of the site for an
automotive repair shop and associated parking; and
5. The Applicant has proposed an expansion of the parking lot to add 27
stalls at the subject site; and
Page 29 of 57
6. An Amended Conditional Use and Site Plan review is required for the
addition to the parking lot; and
7. Section 401.15.17.9 of the Zoning Ordinance requires 11 parking spaces for
the automotive repair business. With the 27 additional spaces, the total parking on site
will be 55 parking stalls requiring a Conditional Use Permit in that the proposed parking
exceeds the required number of spaces; and
8. The Applicant has indicated that that the success of the business has
resulted in a need for additional parking. The current lot was sufficient for the
company's needs when the business first opened, but now with a larger customer base
and new service offerings, there is a need for additional parking; and
9. City staff prepared a planning reports dated September 30, 2025, and
October 23, 2025, reviewing the request; and
10. The Planning Commission held a public hearing at their October 9, 2025,
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted by Dave Triemert of Stillwater Auto Holdings LLC for
Conditional Use Permits to allow construction of a parking lot expansion at 14819 591h
Steet North and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights
with the following conditions:
1. The grading, drainage and utility plans shall be subject to the review and approval
of the City Engineer. The drainage plans shall be subject to the review of the
Middle St. Croix Watershed District.
2. If lighting is to be installed, a plan shall be provided to the City and all lighting
fixtures shall be full cut off and installed in compliance with the lighting
standards of the Zoning Ordinance.
3. The landscape and tree removal/replacement plans are subject to review and
approval of the City Arborist.
2
Page 30 of 57
4. If any signage is to be installed, a plan shall be provided to the City, and all
signage shall be subject to final review and approval of City Staff for
conformance with Zoning Ordinance standards.
Approved by the City Council of the City of Oak Park Heights this 28m day of
October 2025.
Chuck Dougherty, Mayor
ATTEST:
Jacob Rife, City Administrator
Page 31 of 57
ATTACHMENT A
Conditional Use Permit
For Construction Of An Additional Parking Lot
Central Automotive
14819 591h St. N.
Washington County Property Identification Number: 04.029.20.11.0162
Legal Description: Lot 1, Bloc 1, Oak Park Heights Auto Plaza 2nd Addition
Page 32 of 57
ATTACHMENT B
Conditional Use Permit
For Construction Of An Additional Parking Lot
Central Automotive
14819 591h St. N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
Planning Commission Review & Recommendation: October 9, 2025
Conditional Use Permit - Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the conditional use permit shall become null and void twelve (12) months after the
date of approval, unless the property owner or applicant has substantially started the construction
of any building, structure, addition or alteration, or use requested as part of the conditional use.
An application to extend the approval of a conditional use permit shall be submitted to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval.
(401.03.C.4.a and b)
Page 33 of 57
a� Oak Park,%._
G
Date: October 28, 2025
New Business
TO: Mayor and City Council
FROM: Scott Richards, City Planner
AGENDA ITEM: Setback Conditional Use Permit for Accessory Building — 5420 O'Brien
Avenue North
BACKGROUND:
Nickolas and Jessica Ross (Applicants) have submitted an application for a Conditional Use Permit
(CUP) required for placement of an accessory building in the side yard at 5420 O'Brien Avenue
North. The proposed accessory building is 80 square feet and will be located on the north side of
the garage on an existing concrete slab.
The property is zoned R-1 Single Family Residential District.
The Planning Commission, at their October 9, 2025, meeting, held a public hearing and
recommended the application for a Conditional Use Permit with conditions.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No
ACTION REQUESTED:
Approve Resolution 25-10-32
ATTACHMENTS:
Planning Report
Resolution 25-10-32
Page 34 of 57
3601 Thurston Avenue N, Suite 1 OCO
Anoka, MNI 55303
TPC Phio ne : 763.231 .5 340;
Pacsimille. 763. 27.Q6201
TPC(CO Ma n n i n giCo. room
MEMORANDUM
TO: Jacob Rife
FROM: Scott Richards
DATE: October 23, 2025
RE: Oak Park Heights — Setback Conditional Use Permit for Accessory
Building — 5420 O'Brien Avenue North
TPC FILE: 236.05 — 25.03
BACKGROUND
Nickolas and Jessica Ross (Applicants) have submitted an application for a Conditional
Use Permit (CUP) required for placement of an accessory building in the side yard at
5420 O'Brien Avenue North. The proposed accessory building is 80 square feet and will
be located on the north side of the garage on an existing concrete slab.
The property is zoned R-1 Single Family Residential District.
The Planning Commission, at their October 9, 2025, meeting, held a public hearing and
recommended the application for a Conditional Use Permit with conditions.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Planning Report with Exhibits — September 30, 2025
PROJECT DESCRIPTION
The project description for the application is as follows and found as Exhibit 1.
We are seeking a Conditional Use Permit to install a shed next to our garage (north
side). The shed will be purchased, built and installed by Tuff Shed and will be 8'x 10',
with a height of 6.5'. Shed would be about 2' from the wall of the garage and I from
the property line to the north. Shed would be used for outdoor power equipment and
woodworking tools.
Reasons for wanting to put this in the side yard and not the backyard.
• It already has a concrete foundation which held a shed the previous owners had.
I've attached a Google street view image.
Page 35 of 57
• North side of backyard is downhill from neighbors' yard and has quite a bit of
water run-off and the foundation might not be stable.
• We do not have an area in our backyard that is flat enough for an 8'x10' shed
and also more than 5' from our property line.
• Several trees in our backyard also inhibit our ability to build a shed and
foundation we would not like to remove any trees as they are all healthy.
• Both of our immediate neighbors also have sheds in the side yards, I'm assuming
they were grandfathered in but we like the look of it and also would make life
easier when it snows.
Attached google street view photo and GIS Image (which was provided by Julie) show a
shed previously in the exact place we want to put one.
CONCLUSION/RECOMMENDATION
The City Council should consider the application for a Conditional Use Permit required
for placement of an accessory building in the side yard at 5420 O'Brien Avenue North.
If the City Council is favorable to the request, it should consider the following conditions
below and in the draft Resolution:
1. Any exterior mechanical equipment associated with the shed shall be
screened.
2. The exterior of the proposed shed shall be finished with siding and in a
color to match the current principal building exterior.
3. No kitchens or bathrooms shall be allowed in the proposed shed.
4. All applicable Building Code requirements shall be met to address the
proximity of the proposed shed to the house.
PC: Julie Hultman
2
Page 36 of 57
From: Alex Palumbo
Sent: Monday, October 6, 2025 10:52 AM
To: Julie Hultman <Ilu.ulliarmir:: lii: ��'��I °:irll�llliIl:�m: ��irm>
Subject: Support for shed construction at 5420 O'Brien Ave N
Hi Julie,
I own the home adjacent to and north of 5420 O'Brien Ave N, and I support their plan to
build a shed on their property.
Thanks,
Alex Palumbo
14195 Upper 54th St N
Oak Park Heights, MN 55082
Page 37 of 57
RESOLUTION NO. 25-10-32
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY NICKOLAS AND JESSICA ROSS FOR A
CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION
OF A SHED IN THE SIDE YARD AT 5420 O'BRIEN AVENUE
NORTH BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Nickolas and
Jessica Ross (Applicants) for a Conditional Use Permit to allow for construction of a shed
in the side yard at 5420 O'Brien Avenue North; and after having conducted a public
hearing relative thereto, the Planning Commission of Oak Park Heights recommended
that the application be approved with conditions. The City Council of the City of Oak
Park Heights makes the following findings of fact and resolution:
The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The Applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned R-1 Single Family Residential District in which
single family dwellings and accessory structures are a permitted use; and
4. Section 401.15.D.2 of the Zoning Ordinance requires that all accessory
buildings be located in the rear yard except by Conditional Use Permit; and
5. The Applicants have proposed placing the 80 square foot structure in the
side yard in that with existing trees and landscaping, there is limited space for the shed in
the rear yard; and
Page 38 of 57
6. Section 401.15.13.3 of the Zoning Ordinance requires a five foot side yard
setback, eight foot rear lot line setback, and six foot separation from any other building
unless requirements of the Building Code are met; and
7. The Applicants have proposed the shed to be set back two feet from the
house and 11 feet from property line; and
8. The shed shall be constructed to meet Building Code requirements
because of the setback from the house; and
9. The Applicant's have requested the Conditional Use Permit to allow for
construction of a shed in the side yard at 5420 O'Brien Avenue North; and
10. City staff prepared a planning reports dated September 30, 2025, and
October 23, 2025, reviewing the request; and
11. The Planning Commission held a public hearing at their October 9, 2025,
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted by Nickolas and Jessica Ross (Applicants) for a
Conditional Use Permit to allow for construction of a shed in the side yard at
5420 O'Brien Avenue North and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights
with the following conditions:
Any exterior mechanical equipment associated with the shed shall be
screened.
2. The exterior of the proposed shed shall be finished with siding and in a
color to match the current principal building exterior.
3. No kitchens or bathrooms shall be allowed in the proposed shed.
4. All applicable Building Code requirements shall be met to address the
proximity of the proposed shed to the house.
2
Page 39 of 57
Approved by the City Council of the City of Oak Park Heights this 28m day of
October 2025.
Chuck Dougherty, Mayor
ATTEST:
Jacob Rife, City Administrator
Page 40 of 57
ATTACHMENT A
Conditional Use Permit
To Allow Construction of a
Shed In The Side Yard
Nickolas & Jessica Ross
5420 O'Brien Ave. N.
Washington County Parcel ID Number: 04.029.20.32.0020
Legal Description: Lot 6, Block 2, Swager Bros. 9th Addition
Page 41 of 57
ATTACHMENT B
Conditional Use Permit
To Allow Construction of a
Shed In The Side Yard
Nickolas & Jessica Ross
5420 O'Brien Ave. N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing & Recommendation: October 9. 2025
Required Approvals: CUP
City Council 4/5
Conditional Use Permit - Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the conditional use permit shall become null and void twelve (12) months after the
date of approval, unless the property owner or applicant has substantially started the construction
of any building, structure, addition or alteration, or use requested as part of the conditional use.
An application to extend the approval of a conditional use permit shall be submitted to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval.
(401.03.C.4.a and b)
Page 42 of 57
a� Oak Park,%._
G
Date: October 28, 2025
New Business
TO: Mayor and City Council
FROM: Scott Richards, City Planner
AGENDA ITEM: Conditional Use Permit for a Cannabis Retail Dispensary - 14608 60th Street
North
BACKGROUND:
Kevin Pattah of ABJKM Holdings, LLC (Owner) / Boundary Waters Capital LLC (Applicant) has
made application for a Conditional Use Permit for a cannabis retail dispensary at 14608 60th Street
North. The retail dispensary will be in the Joseph's restaurant space, where it is proposed to occupy
the entire building. It is expected that the restaurant will move to a different location in the area.
The business would be known as Mango Cannabis.
Section 1413 of the City Code regulates the operation of cannabis and hemp businesses, and Section
401.18 of the Zoning Ordinance addresses the zoning requirements for cannabis and hemp business
operations.
The Planning Commission, at their October 9, 2025, meeting held a public hearing and
recommended the application for the Conditional Use Permit with conditions.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No
ACTION REQUESTED:
Approve Resolution 25-10-33
ATTACHMENTS:
Planning Report
Resolution 25-10-33
Page 43 of 57
3601 Thurston Avenue N, Suite 1 OCO
Anoka, MNI 66303
TPC Phio ne : 763.231 .6 340
Pacs i m i lle. 763.427. Q6201
TPC(CO Ma n n i n giCo. room
PLANNING REPORT
TO: Jacob Rife
FROM: Scott Richards
DATE: October 23, 2025
RE: Oak Park Heights — Conditional Use Permit for a Cannabis Retail
Dispensary — 14608 60t" Street North
TPC FILE: 236.02 — 25.05
BACKGROUND
Kevin Pattah of ABJKM Holdings, LLC (Owner) / Boundary Waters Capital LLC
(Applicant) has made application for a Conditional Use Permit for a cannabis retail
dispensary at 14608 60t" Street North. The retail dispensary will be in the Joseph's
restaurant space, where it is proposed to occupy the entire building. It is expected that
the restaurant will move to a different location in the area. The business would be
known as Mango Cannabis.
Section 1413 of the City Code regulates the operation of cannabis and hemp
businesses, and Section 401.18 of the Zoning Ordinance addresses the zoning
requirements for cannabis and hemp business operations.
The Planning Commission, at their October 9, 2025, meeting held a public hearing and
recommended the application for the Conditional Use Permit with conditions.
The review is based upon the following submittals:
Exhibit 1: Planning Report with Exhibits — October 1, 2025
PROJECT DESCRIPTION
The project narrative is found in Exhibit 1. The introduction to the narrative that
provides an overview is as follows:
ABJKM is the real estate holding company that currently holds the lease with an option
to buy agreement with L&F Holdings LLC for the property located at 14608 60t" Street
North Oak Park Heights, Minnesota. It is our understanding that the Conditional Use
Permit stays with the property for at least one year and as such will remain in effect
Page 44 of 57
while ABJKM Holdings completes the required construction updates laid out in our site
plans.
Boundary Waters Capital, LLC will be the licensee holder at the same property, holds a
preliminary approval, and will lease the property from the real estate holding company
once all OCM and Oak Park Heights requirements are met including completion of
upgrades and gaining a full license from OCM, Boundary Waters Capital LLC has
submitted a retail registration to the City of Oak Park Heights with the understanding
that it will not be processed until the CUP is approved by the City Council.
The business will operate responsibly and professionally, with a strong emphasis on
community safety, regulatory compliance and minimal impact on surrounding properties.
CONCLUSION / RECOMMENDATION
The City Council should consider the application for a Conditional Use Permit to allow a
cannabis retail dispensary at 14608 60t" Street North. If the City Council is favorable to
the request, it should consider the following conditions below and in the draft
Resolution:
1. The business operations shall be limited to retail cannabis product sales with no
growing or manufacturing operations on site.
2. The business shall not create noise carrying beyond the lot upon which the
business is located as specified in 401.18.13 of the Zoning Ordinance.
3. Site Plan and Design Guideline review for changes to the site shall be required
as required by the Zoning Ordinance and determined by the City.
4. The business shall be ventilated so that odors cannot be detected by a person
with a normal sense of smell at the exterior of the facility or at any adjoining use
or property; the business shall not produce noxious or dangerous gases or odors
or otherwise create a danger to any person or entity in or near the facilities as
specified in 401.18.0 of the Zoning Ordinance.
5. The business hours of operation shall be limited to between 10:00 a.m. and 9:00
p.m., seven days a week as specified in 401.18.D of the Zoning Ordinance.
6. All signage shall comply with all sign requirements of 401.15.G and 401.18.E of
the Zoning Ordinance and a sign permit shall be required.
7. All lighting shall be shielded and angled in such a way as to prevent light from
spilling outside of the boundaries of the parcel(s) or premises or directly focusing
on any surrounding uses as specified in 401.15.13.7 and 401.18.F of the Zoning
Ordinance.
2
Page 45 of 57
8. The Fire Chief and Police Chief shall review and approve the security plans
addressing public safety, and the business shall comply with all provisions of
Section 401.18.G of the Zoning Ordinance and the approved security plans.
9. All uses and activity shall be conducted indoors, with no exterior storage or
activity allowed as specified in 401.18.H of the Zoning Ordinance.
10.If traffic, parking or delivery issues develop in the immediate area that are
attributable to the proposed use, the Applicant may be required by the City to
implement traffic, parking or delivery control measures as determined by the
City.
11. Any mechanical equipment that is ground mounted or visible from adjacent
streets shall be screened as required by the Zoning Ordinance.
12. All trash and recycling shall be disposed of in the containers provided on site.
13.Any other conditions of City Staff, the Planning Commission and the City Council.
C: Julie Hultman
3
Page 46 of 57
Comment #1— Provided to Planning Commission at their 10/09/25 meeting
From: Donae Gustafson
Subject: Marijuana dispensary
Date: October 7, 2025 at 3.54.14 PM CDT
To: IV �Illiri�nirn°lililir IIIV �liry IV �1.°iri�n
Cc: Donae Gustafson
Hello Julie Holtman,
This email is pursuant to our recent phone conversation. I oppose the opening of a
marijuana dispensary in the building, which had been Josephs Restaurant. We already
have 2 facilities of that nature in close proximity to the NuView building that my
psychological clinic is within and also Youth Service Bureau, at 6120 Oren Ave. N.. Both
practices are instrumental in being helpful to clients with substance abuse and mental
health concerns. In my opinion, as a mental health provider, we are overloaded with
dispensaries in such close proximity.
I vote No to granting permission to allowyet another dispensary opening up within blocks
of each others, and especially not next to 2 healing clinics that treat mental health and
substance abuse issues. We already have a dispensary across the street of an Adolescent
Chemical Dependency Treatment Center, which is close to the Lucky's gas station. Also,
we have a homeless shelter opening up close to the already existing marihuana
dispensaries, and we have evidence that at least 25% in homeless shelters, emergency
shelters are wrestling with serious substance abuse. I plan on comingto the meeting on
Thursday evening and I wish we would have gotten notice sooner. Can we at least post
pone this and see how the other 2 close dispensaries affect the community? When I
google negative consequences of such an establishment, google stated crime goes up by
them. We must ask ourselves, does such an establishment contribute positively to
the culture for Oak Park Heights?
Dr. Donae Gustafson
Clinical Psychologist.
Page 47 of 57
Comment #2 - Provided to Planning Commission at their 10/09/25 meeting
From: Chris Addington
Sent: Thursday, October 9, 2025 11:04 AM
To: Jacob Rife<J Rife@ cityofoakparkheights.com>
Subject: Planning Commission meeting 10-9-25
To Whom it May Concern,
I am a Registered Nurse double Board certified in Emergency Room and Operating Room
Nursingwith multiple degrees. Knowing my background, I sincerely hope you will take my
comments into serious consideration.
I am unable to attend the meeting tonight as I just found out about this issue and could not
cancel my other plans.
I am expressing opposition to granting any permits for marijuana dispenseries in the
proposed locations. I know the laws though and am not reinventing the wheel by
discussingwhy recreational marijuana should not have been legalized. Although all
professional medical organizations have stated their opposition to recreational marijuana.
My objection is the poor choices of locations. Being near a homeless shelter, 2 prisons,
mental health clinics, a hospital, schools and churches is not an appropriate place. To say
nothing of being so close to a family friendly community to raise children. Grant the permit
if you must but not in the locations requested. Please consider the negative complications
making any decisions and the future of the wonderful city of Oak Park Heights. Allowing the
financial gain from the business owner requesting appears to take precedence over the
Mission Statement of Oak Park Heights. Businesses near will also be impacted. Please
consider other locations. Residents of Oak Park Heights need to have involvement in this
issue. No one seems to know about it. It will impact them greatly.
And please do not grant the 4 you are allowed to. 1 is enough.
Thank you for you consideration.
Sincerely,
Chris Addington
Baytown Township
Page 48 of 57
f TIM
-----Original Message -----
From: Jennifer Pinski <jpinski@cityofoakparkheights.com>
Sent: Friday, October 10, 2025 1:29 PM
To: Jacob Rife <JRife@cityofoakparkheights.com>
Cc: Julie Hultman <jhultman@cityofoakparkheights.com>
Subject: FW: Public Comment
-----Original Message-----
YourSite has received new information through a form.
Form: Contact Us
Site URL: www.citvofoakparkheights.com
Name: Vickie Gacke
Street Address: 13964, 56th Street North
Question or Comment: I am writing about the cannabis sight at Joseph's.
As a tax payer and resident of this city we are firmly against this. It's not a positive family environment to
bring into our city.
Please pass this along to all.
From: Jennifer Pinski <jpinski@cityofoakparkheights.com>
Sent: Friday, October 10, 2025 1:53 PM
To: Jacob Rife <JRife@cityofoakparkheights.com>
Cc: Julie Hultman <jhultman@cityofoakparkheights.com>
Subject: FW: Public Comment
-----Original Message-----
YourSite has received new information through a form.
Form: Contact Us
Site URL: www.citvofoakparkheights.com
Name: Dick Gacke
Street Address: 13964 56th ST N
Question or Comment: Please pass this to the Planning commission.
I am not in favor of the cannibis request for Joseph's building.
We DO NOT need this in our community.
Page 49 of 57
From: Jennifer Pinski <jpinski@cityofoakparkheights.com>
Sent: Monday, October 13, 2025 10:53 AM
To: Jacob Rife <JRife@cityofoakparkheights.com>
Cc: Julie Hultman <jhultman@cityofoakparkheights.com>
Subject: FW: Public Comment - Cannabis
-----Original Message-----
YourSite has received new information through a form.
Form: Contact Us
Site URL: www.citvofoakparkheights.com
Name: Mary Holbrook
Street Address: 4440 McDonald Dr. Ct. N.
Phone No.:
Email Address:
Question or Comment: We are writing to inform you that as residents of this community we do not
support bringing a Cannibis business into Oak Park. It does not support a family friendly environment to
anyone in this community. Please do not support it!
Comment #6 (Duplicate of Comment #2 From Same Commenter)
From: Chris Addington
Sent: Saturday, October 18, 2025 7:19 PM
To: Jacob Rife <JRife@ cityofoakparkheights.com>
Subject: Re: Planning Commission meeting 10-9-25
On Thu, Oct 9, 2025, 11:03 AM Chris Addington wrote:
To Whom it May Concern,
I am a Registered Nurse double Board certified in Emergency Room and Operating Room
Nursingwith multiple degrees. Knowing my background, I sincerely hope you will take my
comments into serious consideration.
I am unable to attend the meeting tonight as I just found out about this issue and could not
cancel my other plans.
I am expressing opposition to granting any permits for marijuana dispenseries in the
proposed locations. I know the laws though and am not reinventing the wheel by
discussingwhy recreational marijuana should not have been legalized. Although all
professional medical organizations have stated their opposition to recreational marijuana.
My objection is the poor choices of locations. Being near a homeless shelter, 2 prisons,
mental health clinics, a hospital, schools and churches is not an appropriate place. To say
nothing of being so close to a family friendly community to raise children. Grant the permit
Page 50 of 57
if you must but not in the locations requested. Please consider the negative complications
making any decisions and the future of the wonderful city of Oak Park Heights. Allowing the
financial gain from the business owner requesting appears to take precedence over the
Mission Statement of Oak Park Heights. Businesses near will also be impacted. Please
consider other locations. Residents of Oak Park Heights need to have involvement in this
issue. No one seems to know about it. It will impact them greatly.
And please do not grant the 4 you are allowed to. 1 is enough.
Thank you for you consideration.
Sincerely,
Chris Addington
Baytown Township
Page 51 of 57
RESOLUTION NO. 25-10-33
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY KEVIN PATTAH OF ABJKM HOLDINGS, LLC AND
BOUNDARY WATERS CAPITAL, LLC FOR A CONDITIONAL USE
PERMIT TO ALLOW A CANNABIS RETAIL DISPENSARY AT
14608 60TH STREET NORTH BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Kevin Pattah of
ABJKM Holdings, LLC and Boundary Waters Capital, LLC (Applicant) for a
Conditional Use Permit to allow a cannabis retail dispensary at 14608 60th Street North;
and after having conducted a public hearing relative thereto, the Planning Commission of
Oak Park Heights recommended that the application be approved with conditions. The
City Council of the City of Oak Park Heights makes the following findings of fact and
resolution:
The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The Applicant has submitted an application and supporting documentation
to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
and
3. The property is zoned B-2 General Business District in which cannabis
retailers is a listed conditional use; and
4. Section 1413 of the City Code regulates the operation of cannabis and
hemp businesses, and Section 401.18 of the Zoning Ordinance addresses the zoning
requirements for cannabis and hemp business operations, and
5. The dispensary will be in a freestanding commercial building with no
other tenants; and
Page 52 of 57
6. Boundary Waters Capital, LLC has received preapproval from the
Minnesota Office of Cannabis Management for a microbusiness license that includes a
retail endorsement. The definition of microbusiness allows for both growing and sales of
cannabis products. The B-2 District only allows for a cannabis retailer and no growing
operations; and
7. Section 401.18 of the Zoning Ordinance provides minimum buffer
requirements, hours of operation, and regulations related to noise, odor, signage, lighting,
security, and outdoor use; and
8. The Applicant has provided information to confirm compliance with all
the provisions of Section 401.18 of the Zoning Ordinance; and
9. City staff prepared a planning reports dated October 1, 2025, and October
23, 2025, reviewing the request; and
10. The Planning Commission held a public hearing at their October 9, 2025,
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES
THE FOLLOWING:
A. The application submitted by Kevin Pattah of ABJKM Holdings, LLC and
Boundary Waters Capital, LLC (Applicant) for a Conditional Use Permit to allow a
cannabis retail dispensary at 14608 60' Street North and affecting the real property as
follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights
with the following conditions:
1. The business operations shall be limited to retail cannabis product sales with no
growing or manufacturing operations on site.
2. The business shall not create noise carrying beyond the lot upon which the
business is located as specified in 401.18.B of the Zoning Ordinance.
3. Site Plan and Design Guideline review for changes to the site shall be required as
required by the Zoning Ordinance and determined by the City.
4. The business shall be ventilated so that odors cannot be detected by a person with
a normal sense of smell at the exterior of the facility or at any adjoining use or
2
Page 53 of 57
property; the business shall not produce noxious or dangerous gases or odors or
otherwise create a danger to any person or entity in or near the facilities as
specified in 401.18.0 of the Zoning Ordinance.
5. The business hours of operation shall be limited to between 10:00 a.m. and 9:00
p.m., seven days a week as specified in 401.18.1) of the Zoning Ordinance.
6. All signage shall comply with all sign requirements of 401.15.G and 401.18.E of
the Zoning Ordinance and a sign permit shall be required.
7. All lighting shall be shielded and angled in such a way as to prevent light from
spilling outside of the boundaries of the parcel(s) or premises or directly focusing
on any surrounding uses as specified in 401.15.13.7 and 401.18.17 of the Zoning
Ordinance.
8. The Fire Chief and Police Chief shall review and approve the security plans
addressing public safety, and the business shall comply with all provisions of
Section 401.18.G of the Zoning Ordinance and the approved security plans.
9. All uses and activity shall be conducted indoors, with no exterior storage or
activity allowed as specified in 401.18.1-1 of the Zoning Ordinance.
10. If traffic, parking or delivery issues develop in the immediate area that are
attributable to the proposed use, the Applicant may be required by the City to
implement traffic, parking or delivery control measures as determined by the
City.
11. Any mechanical equipment that is ground mounted or visible from adjacent
streets shall be screened as required by the Zoning Ordinance.
12. All trash and recycling shall be disposed of in the containers provided on site.
Approved by the City Council of the City of Oak Park Heights this 28m day of
October 2025.
ATTEST:
Jacob Rife, City Administrator
Chuck Dougherty, Mayor
3
Page 54 of 57
ATTACHMENT B
Conditional Use Permit
To Allow
ABJKM Holdings, LLC
To Operate A Cannabis Retail Dispensary
At
14608 601h St. N.
Application Materials
• Application Form
• Fees
• Plan Sets
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'/150' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description(s)
Planning Commission Public Hearing & Recommendation: October 9. 2025
Required Approvals:
CUP Amendment
City Council 4/5
Conditional Use Permit - Lapse of Approval:
Unless the City Council specifically approves a different time when action is officially taken on
the request, the conditional use permit shall become null and void twelve (12) months after the
date of approval, unless the property owner or applicant has substantially started the construction
of any building, structure, addition or alteration, or use requested as part of the conditional use.
An application to extend the approval of a conditional use permit shall be submitted to the
Zoning Administrator not less than thirty (30) days before the expiration of said approval.
(401.03 . C.4. a and b)
Page 55 of 57
ATTACHMENT A
Conditional Use Permit
To Allow
ABJKM Holdings, LLC
To Operate A Cannabis Retail Dispensary
At
14608 601h St. N.
Washington County Property PIN: 33.030.20.43.0045
Legal Description:
PT OF BLKS 6 & 7 DESC AS COM ON THE N R/W LINE OF MN T.H. 212 DIST OF 425FT E OF W
LINE OF BLK 7 THEN N PARL WITH THE W LINE OF BLKS 6 & 7 A DIST OF 300 FT TO A PT THEN
E PALR WITH N R/W LINE OF MN T.H. 212 DIST OF 105FT TO A PT THEN S PARL WITH THE W
LINE OF BLKS 6 & 7 TO THE NORTH R/W LINE OF MINN T.H. 212 A DIS OF 300 FT THEN WEST
ALONG THE NORTH R/W LINE OF MINN HWY 212 A DIS OF 105 FT TO PT OF BEG INC ALL VAC
STS EASE INC VACATED WILLIM ST SUBDIVISIONNAME SUMMIT PARK BLOCK 6
SUBDIVISIONCD 61245
Page 56 of 57
a� Oak Park,%._
G
Date: October 28, 2025
New Business
TO: Mayor and City Council
FROM: Jennifer Pinski, Assistant City Administrator/City Clerk
AGENDA ITEM: Consider Issuance of a License to Sell Cannabinoid Products for Kowalski's
BACKGROUND:
Kowalski's Oak Park Heights has applied for a license to sell cannabinoid, cannabinoid products,
and/or cannabinoid related devices at their business located at 5801 Neal Avenue North.
The application has been investigated by the City Attorney and the Police Department and found
to be in compliance with the City ordinance requirements for cannabinoid license issuance. The
investigation fee has been paid.
FINANCIAL IMPACT:
• DOES ACTION REQUIRE EXPENDITURE OF FUNDS? No
ACTION REQUESTED:
City staff recommends approval of the cannabinoid license contingent on approval from the State
of Minnesota and payment of the license fee.
ATTACHMENTS:
None
Page 57 of 57