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HomeMy WebLinkAbout11-25-2025 Council Packet CITY OF OAK PARK HEIGHTS CITY COUNCIL MEETING AGENDA TUESDAY, NOVEMBER 25, 2025 AT CITY HALL 6:00 P.M. 6:00 p.m. Call to Order/Pledge of Allegiance/Approval of Agenda Estimated times 6:00 p.m. Swearing in of Sergeant Kaylyn Fahrendorff by the Honorable Gregory Galler 6:10 p.m. Summary of October 28, 2025 Closed Session 6:15 p.m. Council/Staff Reports Recycling Award (pg. 2) 6:15 p.m. Visitors/Public Comment This is an opportunity for the public to address the Council with any questions or concerns. Please limit comments to 3 minutes in length. Consent Agenda (Roll Call Vote) 6:15 p.m. Approve Bills & Investments Approve City Council Minutes October 28, 2025 (pg. 3) Approve Proposed Annual Liquor, Tobacco, and Amusement License Renewals (pg. 6) Approve 2026 Taxi Cab Licenses for Picuup LLC dba A Taxi (pg. 10) Authorize ArcGIS Software Update Purchase (pg. 11) Approve Cannabis Retail Registration for Boundary Waters Capital LLC (pg. 13) Approve Amendment to the Employee Handbook Related to Minnesota Paid Leave (pg. 14) Accept Donation from Dani Mulvaney for a Memorial Bench at Brekke Park (pg. 16) Approve Resolution Authorizing Receipt of a Donation to the Police Department from Cornerstone Chevrolet Headway Marketing LLC (pg. 23) Approve Se Agreement (pg. 25) Public Hearings 6:15 p.m. Old Business 6:15 p.m. New Business 6:15 p.m. Land Use and Zoning Amendments and Conditional Use Permit for a Cannabis th Retail Dispensary St Croix Cannabis Dispensary 14303 60 Street N Consider Issuance of Tobacco License for Smokeclaire Cigar Inc (pg. ) Other Council Items or Announcements 6:25 p.m. Closed Session 6:25 p.m. Labor Negotiations Strategy Discussion (closed pursuant to MN Stat. 13D.03, Subd. 1(b)) Adjournment 6:45 p.m. Page 1 of 75 Page 2 of 75 CITY OF OAK PARK HEIGHTS TUESDAY, OCTOBER 28, 2025 CITY COUNCIL MEETING MINUTES I. Call to Order/Pledge of Allegiance/Approval of Agenda: Mayor Dougherty called the meeting to order at 6:00 p.m. Present: Councilmembers Johnson, Liljegren, Runk and Swenson. Staff present: City Administrator Rife, Police Chief Hansen, City Attorney Sandstrom, City Planner Richards, and Assistant City Administrator/City Clerk Pinski. Absent: None. Mayor Dougherty removed Closed Session Item A from the Agenda. He also added Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Agenda as amended. Carried 5-0. II. Council/Staff Reports: City Attorney Sandstrom reported that the City Council met in Closed Session at their October 14, 2025 City Council meeting to discuss labor negotiation strategy. He reported that the Council provided input, and no official actions were taken. City Administrator Rife reported the House Capital Investment Bonding Committee tour would take place at City Hall on November 14 to hear about the C treatment funding. He also said he received an email from the Middle St. Croix Watershed Management Organization requesting a letter of support with a deadline of November 11, so that item was added to the City Council Consent Agenda. Police Chief Hansen reported that the police department participated in Boo Bash at , there would be extra patrols out for Halloween passing out candy, and they received fifteen applications for the patrol officer position. He also reminded residents of winter parking restrictions from November 1 through March 31. Assistant City Administrator Pinski reported that Christine Augustine of 5606 Oak Cove North was chosen as the recycling award winner. III. Visitors/Public Comment: None IV. Consent Agenda: A. Approve Bills & Investments B. Approve City Council Worksession Notes October 14, 2025 C. Approve City Council Minutes October 14, 2025 D. Authorize Staff to Petition for Removal of MS4 Designation E. Approve Agreement with Eckberg Lammers P.C. for Civil and Prosecution Legal Services Page 3 of 75 City Council Meeting Minutes October 28, 2025 Page 2 of 3 F. Authorize Letter of Support for Middle St. Croix Watershed Management Organization Grant Request Councilmember Johnson, seconded by Councilmember Runk, moved to approve the Consent Agenda. Roll call vote taken. Carried 5-0. V. Public Hearings: None VI. Old Business: None VII. New Business: A. Central Automotive Parking Lot Expansion Conditional Use Permits, Site Plan th Review 14819 59 Street North: City Planner Richards reviewed his report. Councilmember Runk, seconded by Councilmember Johnson, moved to approve the Resolution. Roll call vote taken. Carried 5-0. B. Setback Conditional Use Permit for Accessory Building North: City Planner Richards reviewed his report. Councilmember Johnson, seconded by Councilmember Liljegren, moved to approve the Resolution. Roll call vote taken. Carried 5-0. th C. Conditional Use Permit for a Cannabis Retail Dispensary 14608 60 Street North: City Planner Richards reviewed his report. Councilmember Runk asked the applicant about their application to the City of Stillwater. Kevin Pattah from ABJKM Holdings, LLC was present and responded that they had multiple licenses and planned for a sister brand to open in the City of Stillwater. Councilmember Swenson stated he would prefer the exterior of the building be modified . Pattah responded that they would like to remodel the building and they would provide concepts of the plan to the City. Councilmember Swenson, seconded by Councilmember Liljegren, moved to approve the Resolution. Roll call vote taken. Carried 5-0. D. : Councilmember Swenson, seconded by Councilmember Runk, moved to approve the license. Carried 5-0. VIII. Other Council Items or Announcements: None IX. Closed Session A. Discussion Involving Labor Negotiations Strategy (closed pursuant to MN. Stat. 13D.03, Subd. 1(b)): REMOVED FROM AGENDA Page 4 of 75 City Council Meeting Minutes October 28, 2025 Page 3 of 3 B. City Administrator Performance Review (closed pursuant to MN Stat. 13D.05, Subd. 3(a)): City Attorney Sandstrom reported that the City Council would go into a closed session as authorized by Statute for City Administrator performance review. He said a summary would be provided at the next City Council meeting. Councilmember Swenson, seconded by Councilmember Johnson, moved to go into closed session at 6:30 p.m. Carried 5-0. X. Adjournment Respectfully submitted, Approved as to Content and Form, Jennifer Pinski Chuck Dougherty City Clerk Mayor Page 5 of 75 Page 6 of 75 CITY OF OAK PARK HEIGHTS RESOLUTION25-11-34 A RESOLUTION APPROVING PROPOSED ANNUAL LIQUOR, TOBACCO,AMUSEMENTLICENSES WHEREAS, the City Council forthe City of Oak Park Heights has received applications for the year 2026 liquor, tobacco, cannabinoid, and amusement licenses from businesses located within the City limits. NOW, THEREFORE,BEITRESOLVED, by the City Councilof the City of Oak Park Heights that the licensesoutlined in Exhibit Aareherebyapproved. th Passed by the City Council of Oak Park Heights this 25day of November, 2025. _____________________________ Chuck Dougherty Mayor Attest: _____________________________ Jacob Rife City Administrator Page 7 of 75 EXHIBIT A CITY OF OAK PARK HEIGHTS 2026 LICENSES Off-Sale Liquor Licenses LaPalao Companies LLC dba Liquor Time Wal-Mart Stores, Inc. dba Wal-Mart Store #1861 On-Sale Liquor Licenses Apple Minnesota Grill & Bar Dailey Incorporated dba Carbone Snidelines LLC dba Stillwater Bowl & Lounge Muddy Cow Oak Park Heights dba Muddy Cow FTA Stillwater LLC dba Fiesta Mexican Grill St. Croix Event Center LLC dba St. Croix Event Center On-Sale Sunday Liquor Licenses Apple Bar Dailey Incorporated dba Carbone Snidelines LLC dba Stillwater Bowl & Lounge Muddy Cow Oak Park Heights dba Muddy Cow FTA Stillwater LLC dba Fiesta Mexican Grill St. Croix Event Center LLC dba St. Croix Event Center On-Sale Wine License On-Sale Non-Intoxicating Liquor License Off-Sale Non-Intoxicating Liquor License Kowalsk Northern Tier Retail LLC dba Speedway #7036 Kwik Trip Inc. dba Kwik Trip #111 LaPalao Companies LLC dba Liquor Time Northern Tier Retail LLC dba Speedway #4549 Wal-Mart Stores Inc. dba Wal-Mart Supercenter #1861 Page 8 of 75 City of Oak Park Heights 2026 Licenses Page 2 Amusement Licenses Letru Inc. dba Stillwater Bowl & Lounge Wal-Mart Store #1861 Tobacco Licenses Northern Tier Retail LLC dba Speedway #7036 Holiday Stationstore #2746237 Kwik Trip, Inc. dba Kwik Trip #111 LaPalao Companies LLC dba Liquor Time & Pipe Northern Tier Retail LLC dba Speedway #4549 Wal-Mart Stores, Inc. dba Wal-Mart Store #1861 Walgreens #06916 Turning Leaf Oak Park Heights dba Turning Leaf Tobacco and Vape Co dba Oak Tobacco and Vape Smokeclaire Cigar Inc dba Smokeclaire Cigar Page 9 of 75 Page 10 of 75 Page 11 of 75 Page 12 of 75 Page 13 of 75 Page 14 of 75 3.3.2 Minnesota Paid Leave Effective January 1, 2026, the State of Minnesota will require all employers to participate in the Minnesota Paid Leave Program. Employees are entitled to Minnesota Paid Leave (MPL), a form of paid leave. Use of MPL: The benefit year for MPL is a rolling 12-month period measured backward from Employees must provide notice to their supervisor or Department Director sufficient for the Employees may take a maximum of 480 hours in any 12-month period of intermittent MPL. MPL taken for the same purpose must run currently with the Family and Medical Leave Act or Parental Leave respectively. Leave under MPL does not run concurrently with any paid sick leave and employees will not be required to exhaust accrued paid sick leave before or while taking leave under MPL. An employee can choose to use paid sick leave or vacation leave in lieu of MPL benefits (provided the employee is concurrently eligible) or to supplement MPL benefits up to the amount of their normal wages. Additional Information: For information about coverage and eligibility requirements, reach out to the Minnesota Department of Employment and Economic Development (DEED). Page 15 of 75 Page 16 of 75 Page 17 of 75 Page 18 of 75 Page 19 of 75 Page 20 of 75 Page 21 of 75 Page 22 of 75 Page 23 of 75 RESOLUTION 25-11-35 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA A RESOLUTION AUTHORIZING RECEIPT OF A DONATION TO THE POLICE DEPARTMENT WHEREAS, the following donation was made to the City of Oak Park Heights for the Police Department Donation Fund: Cornerstone Chevrolet Headway Marketing LLC $500.00 check WHEREAS, the City of Oak Park Heights is grateful for the donation. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Oak Park Heights shall accept the donation and that the City is authorized to use the donation for the Police Department Donation fund for EMS training equipment. Passed by the City Council of Oak Park Heights this 25th day of November, 2025. ________________________ Chuck Dougherty ATTEST: Mayor ______________________________ Jacob Rife City Administrator Page 24 of 75 Page 25 of 75 Page 26 of 75 PLANNING REPORT TO: Jacob Rife FROM: Scott Richards DATE: November 20, 2025 RE: Oak Park Heights Land Use and Zoning Amendments Conditional Use Permit for a Cannabis Retail Dispensary St Croix th Cannabis Dispensary 14303 60 Street North TPC FILE: 236.02 25.07 BACKGROUND Richard Zimmerman (Applicant) and John Junko (Owner) have submitted an application th for a Conditional Use Permit for a cannabis retail dispensary at 14303 60 Street North. An application has also been received for an amendment to the Comprehensive Plan, Proposed Land Use Map and the Zoning Map to designate this property as Commercial and change the zoning to B-2 General Business District. The retail dispensary will be in the former veterinarian clinic owned by John Junko, where it is proposed to occupy the entire building. The business would be known as St Croix Cannabis. The property is currently designated as Residential/Business Transitional on the Proposed Land Use Map. The Applicant has applied to change the classification to Commercial. The property is currently zoned R-B, Residential/Business Transitional District and the request is to rezone to B-2, General Business District. Cannabis businesses are not allowed in the R-B District but are allowed with a Conditional Use Permit in the B-2 General Business District. 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 November 13, 2025, meeting held a public hearing and recommended the application for the Conditional Use Permit, amendment to the Comprehensive Plan Proposed Land Use Map, and the amendment to the Zoning Map. The review is based upon the following submittals: Page 27 of 75 Exhibit 1: Planning Report with Exhibits November 6, 2025 PROJECT DESCRIPTION The project narrative is found as Exhibit 1. The introduction to the narrative that provides an overview is as follows: Richard Zimmerman on behalf of St. Croix Cannabis, LLC (Applicant) is hereby requesting a Conditional Use Permit in conjunction with a Zoning District Amendment at th 14303 60 Street North, Oak Park Heights, Minnesota 55082 to own and operate a retail cannabis dispensary. The applicant has received approval from the Minnesota Office of Cannabis Management (OCM) for a Microbusiness License which encompasses a retail endorsement. The applicant is proposing to lease from owner of said property described above for a cannabis dispensary. The applicant intends to meet their operational requirements, and to comply with all State of Minnesota OCM standards and regulations along with all current City building and fire codes. CONCLUSION / RECOMMENDATION The City Council should consider the application for the land use and zoning amendments and the Conditional Use Permit for a cannabis retail dispensary at 14303 th 60 Street North. If the City Council is favorable to the land use and zoning amendments as well as the Conditional Use Permit, it should consider approval with the following conditions: 1.The subject property is redesignated as Residential/Business Transitional on the Comprehensive Plan Land Use Map and rezoned B-2 General Business District in which cannabis retailers is a listed conditional use. 2.The business operations shall be limited to retail cannabis product sales with no growing or manufacturing operations on site. 3.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. 4.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. A plan shall be provided for the parking lot and driveway improvements subject to approval of the City. 5.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.C of the Zoning Ordinance. 2 Page 28 of 75 6. 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. 7. 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. 8. All site and sign 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.B.7 and 401.18.F of the Zoning Ordinance. 9. 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. 10. 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. 11. 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. The Applicant agrees to a cost sharing of any traffic control implementation th on 60 Street North or Oldfield Avenue North required by the City. 12. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 13. All trash and recycling shall be disposed of in the containers provided on site. 14. Any removal of trees or changes to the landscaping shall be subject to review and approval of the City Arborist. Landscape or fence screening shall be required on the west and south sides of the property as required by the Zoning Ordinance. 15. Any other conditions of City Staff, the Planning Commission and the City Council. C: Julie Hultman 3 Page 29 of 75 Page 30 of 75 Page 31 of 75 Page 32 of 75 Page 33 of 75 Page 34 of 75 Page 35 of 75 Page 36 of 75 Page 37 of 75 Page 38 of 75 Page 39 of 75 Page 40 of 75 Page 41 of 75 Page 42 of 75 Page 43 of 75 Page 44 of 75 Page 45 of 75 Page 46 of 75 Page 47 of 75 Page 48 of 75 Page 49 of 75 Page 50 of 75 Page 51 of 75 Page 52 of 75 Page 53 of 75 Page 54 of 75 Page 55 of 75 Page 56 of 75 Page 57 of 75 Page 58 of 75 Page 59 of 75 Page 60 of 75 Page 61 of 75 Page 62 of 75 Page 63 of 75 RESOLUTION NO. 25-11-36 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 RICHARD ZIMMERMAN FOR A CONDITIONAL USE PERMIT TO ALLOW A CANNABIS RETAIL DISPENSARY AT TH 14303 60 STREET NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from Richard Zimmerman of St Croix Cannabis (Applicant) for a Conditional Use Permit to allow a th cannabis retail dispensary at 14303 60 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: 1. 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 to be redesignated as Residential/Business Transitional on the Comprehensive Plan Land Use Map; and 4. The property is to be rezoned B-2 General Business District in which cannabis retailers is a listed conditional use; and 5. 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 6. The dispensary will be in a freestanding commercial building with no other tenants; and Page 64 of 75 7. Richard Zimmerman has received preapproval from the Minnesota Office of Cannabis Management for a cannabis business license. The B-2 District only allows for a cannabis retailer and no growing operations; and 8. 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 9. The Applicant has provided information to confirm compliance with all the provisions of Section 401.18 of the Zoning Ordinance; and 10. City staff prepared a planning reports dated November 6, 2025, and November 20, 2025, reviewing the request; and 11. The Planning Commission held a public hearing at their November 13, 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 Richard Zimmerman of St Croix Cannabis for a th Conditional Use Permit to allow a cannabis retail dispensary at 14303 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 subject property is redesignated as Residential/Business Transitional on the Comprehensive Plan Land Use Map and rezoned B-2 General Business District in which cannabis retailers is a listed conditional use. 2. The business operations shall be limited to retail cannabis product sales with no growing or manufacturing operations on site. 3. 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. 4. 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. A plan shall be provided for the parking lot and driveway improvements subject to approval of the City. 2 Page 65 of 75 5. 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.C of the Zoning Ordinance. 6. 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. 7. 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. 8. All site and sign 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.B.7 and 401.18.F of the Zoning Ordinance. 9. 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. 10. 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. 11. 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. The Applicant agrees to a cost sharing of any traffic control implementation th on 60 Street North or Oldfield Avenue North required by the City. 12. Any mechanical equipment that is ground mounted or visible from adjacent streets shall be screened as required by the Zoning Ordinance. 13. All trash and recycling shall be disposed of in the containers provided on site. 14. Any removal of trees or changes to the landscaping shall be subject to review and approval of the City Arborist. Landscape or fence screening shall be required on the west and south sides of the property as required by the Zoning Ordinance. th Approved by the City Council of the City of Oak Park Heights this 25 day of November 2025. ____________________________________ Chuck Dougherty, Mayor ATTEST: ________________________________ Jacob Rife, City Administrator 3 Page 66 of 75 ATTACHMENT A Comprehensive Plan Amendment, Rezoning From R-B, Residential/Business Transitional District To B-2, General Business District And Conditional Use Permit To Allow A Cannabis Retail Dispensary St. Croix Cannabis Dispensary th 14303 60St. N. Washington County Property Identification Number: 04.029.20.21.0005 Legal Description: All that part of the Northeast Quarter of the Northwest Quarter (NE ¼ of NW 1/4 ) of Section Four (4), Township Twenty-nine (29), Range Twenty (20), described as follows: Beginning at a point on the South Right of Way line of State Trunk Highway No. 212, said point beginning One hundred eighty-seven (187) feet East of the West line of the Northeast Quarter of the Northwest Quarter (NE ¼ of NW ¼ ) of said Section Four (4), thence South and parallel with the west line of the Northeast Quarter of the Northwest Quarter (NE ¼ of NW ¼ ) of said Section Four (4), a distance of Two hundred (200) feet; thence East and parallel with the South Right of Way line of State Trunk Highway No. 212, a distance of One hundred forty-five (145) feet; thence North and parallel with the West line of the Northeast Quarter of the Northwest Quarter (NE ¼ of NW ¼ ) of said Section Fourt (4), a distance of Two hundred (200) feet to the South Right of Way of line of State Trunk Highway No. 212; thence West on said Right of Way line of State Trunk Highway No. 212 a distance of One hundred forty-five (145) feet to the place of beginning: and also subject to the restriction that no dwelling, house or other structure may be erected on the above described land within a distance of One hundred thirty (130) feet south from the southern boundary line of the concrete paving of State Highway No. 212, as the same now exists and is laid out; Subject to the restrictions that the above described 130 feet may not be used for commercial purposes. Page 67 of 75 ATTACHMENT B Comprehensive Plan Amendment, Rezoning From R-B, Residential/Business Transitional District To B-2, General Business District And Conditional Use Permit To Allow A Cannabis Retail Dispensary St. Croix Cannabis Dispensary th 14303 60St. 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: November 13, 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 68 of 75 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2025-401-03 AN ORDINANCE AMENDING SECTION 401.20.B, MAP OF THE ZONING TH ORDINANCE TO REZONE 14303 60 STREET NORTH FROM RESIDENTIAL/BUSINESS TRANSITIONAL DISTRICT TO B-2 GENERAL BUSINESS DISTRICT THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. The City Council of the City of Oak Park Heights has considered a request th to rezone a property parcel at 14303 60 Street North, legally described in Attachment A, and makes the following findings and conclusions: 1. The proposed rezoning would facilitate development of the property for general business use. 2. tes the property as Residential/Business Transitional that will be re-designated as Commercial. The proposed rezoning will be consistent with the official Comprehensive Plan. 3. The City will review the land use designations and zoning classifications in this immediate area to determine if additional land use and zoning changes are necessary. 4. The property directly to the east is currently zoned as B-2 General Business District. 5. Existing City services are sufficient to accommodate the proposed development. 6. The traffic generated by the proposed development is within the capabilities of the streets serving the area provided that the conditions applicable to the approvals are followed. 7. The Planning Commission, after holding a public hearing, recommended approval of the rezoning at their November 13, 2025, meeting. SECTION 2: That Section 401.20.B Map of the Zoning Ordinance, City of Oak Park Heights, Minnesota, is hereby amended to include the following: Page 69 of 75 The following property shall be rezoned from Residential/Business Transitional District to B-2 General Business District: th 14303 60 Street North, legally described in Attachment A SECTION 3. This Ordinance shall be in full force and effect upon its passage and publication. th PASSED this 25 day of November 2025 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS Chuck Dougherty, Mayor ATTEST: Jacob Rife, City Administrator Page 70 of 75 RESOLUTION NO. 25-11-37 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 RICHARD ZIMMERMAN FOR A COMPREHENSIVE PLAN 2018 AMENDMENT TO CHANGE THE LAND USE CLASSIFICATION OF RESIDENTIAL/BUSINESS TH TRANSITIONAL USE TO COMMERCIAL AT 14303 60 STREET NORTH, BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received an application from Richard Zimmerman for a Comprehensive Plan 2018 Amendment to change the land use th classification of Residential/Business Transitional use to Commercial at 14303 60 Street North; and after having conducted a public hearing relative thereto, the Planning Commission of Oak Park Heights recommended the application. The City Council of the City of Oak Park Heights makes the following findings of fact and resolution: 1. 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 Comprehensive Plan 2018 Proposed Land Use Map designated this area as Residential/Business Transitional, but the visibility and access of the property from Highway 36, as well as the commercial land use directly to the east of the subject site are factors in considering a land use change; and 4. The site is to be rezoned B-2 General Business District concurrently with the Comprehensive Plan 2018 Amendment for land use; and 5. The Zoning Ordinance provides adequate landscape and screening measures to assure a proper land use transition from the commercial use to the low density designated land use to the south and east; and Page 71 of 75 6. City staff prepared a planning reports dated November 6, 2025, and November 2025 reviewing the application for a Comprehensive Plan Amendment and rezoning; and 7. The Planning Commission held a public hearing at their November 13, 2025, meeting, took comments from the applicants and public, closed the public hearing, and recommended the application 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 Richard Zimmerman for a Comprehensive Plan 2018 Amendment to change the land use classification of Residential/Business th Transitional to Commercial for 14303 60 Street North shall be submitted to the Metropolitan Council for Administrative Review in that the change is minor and eligible under the Local Planning Handbook qualifications for Metropolitan Council Staff review and not review by the Council as a whole, and affecting the real property as follows: SEE ATTACHMENT A th Approved by the City Council of the City of Oak Park Heights on this 25 day of November 2025. ____________________________________ Chuck Dougherty, Mayor ATTEST: __________________________________ Jacob Rife, City Administrator 2 Page 72 of 75 ATTACHMENT A Comprehensive Plan Amendment, Rezoning From R-B, Residential/Business Transitional District To B-2, General Business District And Conditional Use Permit To Allow A Cannabis Retail Dispensary St. Croix Cannabis Dispensary th 14303 60St. N. Washington County Property Identification Number: 04.029.20.21.0005 Legal Description: All that part of the Northeast Quarter of the Northwest Quarter (NE ¼ of NW 1/4 ) of Section Four (4), Township Twenty-nine (29), Range Twenty (20), described as follows: Beginning at a point on the South Right of Way line of State Trunk Highway No. 212, said point beginning One hundred eighty-seven (187) feet East of the West line of the Northeast Quarter of the Northwest Quarter (NE ¼ of NW ¼ ) of said Section Four (4), thence South and parallel with the west line of the Northeast Quarter of the Northwest Quarter (NE ¼ of NW ¼ ) of said Section Four (4), a distance of Two hundred (200) feet; thence East and parallel with the South Right of Way line of State Trunk Highway No. 212, a distance of One hundred forty-five (145) feet; thence North and parallel with the West line of the Northeast Quarter of the Northwest Quarter (NE ¼ of NW ¼ ) of said Section Fourt (4), a distance of Two hundred (200) feet to the South Right of Way of line of State Trunk Highway No. 212; thence West on said Right of Way line of State Trunk Highway No. 212 a distance of One hundred forty-five (145) feet to the place of beginning: and also subject to the restriction that no dwelling, house or other structure may be erected on the above described land within a distance of One hundred thirty (130) feet south from the southern boundary line of the concrete paving of State Highway No. 212, as the same now exists and is laid out; Subject to the restrictions that the above described 130 feet may not be used for commercial purposes. Page 73 of 75 ATTACHMENT B Comprehensive Plan Amendment, Rezoning From R-B, Residential/Business Transitional District To B-2, General Business District And Conditional Use Permit To Allow A Cannabis Retail Dispensary St. Croix Cannabis Dispensary th 14303 60St. 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: November 13, 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 74 of 75 Mahmoud Ahmad Rabi, President of Smokeclaire Cigar, Inc.has applied for alicense to sell th tobacco, tobaccoproducts, and/or tobaccorelated devices at14375 60Street North, the former SmokeShack location. The applicationhasbeen investigated by the City Attorney found to be in compliance with the City ordinance requirements for tobaccolicense issuance. The investigation fee hasbeen paid. Page 75 of 75